HomeMy WebLinkAboutA002 - Council Action form dated February 13, 2007 ITEM # 30
DATE February 13, 2007
COUNCIL ACTION FORM
SUBJECT: REVISION OF CROSS-CONNECTION CONTROL PROGRAM
REQUIREMENTS IN PLUMBING CODE
BACKGROUND:
The State Plumbing Code requires cities with a population of 15,000 or greater to
implement "a backflow prevention program with containment." The purpose of a
backflow prevention program is to protect against contaminants flowing backward from
a customer into the potable water distribution system. These contaminants can
degrade water quality and produce water that is aesthetically undesirable or unsafe for
normal domestic uses.
The City of Ames had a backflow prevention program in the Municipal Code for a
number of years. In 1997, a more formal program was approved by the City Council.
The implementation plan identified both the Inspections Division of the Fire Department
and the Water Meter Division of the Water and Pollution Control Department as having
responsibilities to implement the program.
As the plan was initially being implemented, there was very little disagreement over the
requirements of the ordinance primarily because the potential threats were readily
identifiable. As the implementation progressed to customer groups with less obvious
risks, the plumbing community expressed concerns that the ordinance was confusing
and that they were having difficulty discerning if a containment device was required.
There was also some disagreement between city staff and the plumbing community on
the most appropriate appeal process for containment decisions. At that point, it was
decided to step back and review the entire program implementation plan.
Over the past two and a half years, staff has been working closely with the plumbing
community to identify possible revisions to the ordinance. A public forum was held,
moderated by the Fire Chief. At that meeting, there was unanimous agreement that the
overall goal of the program should be to adequately protect the water system without
adding unnecessary cost to building construction. Staff next met individually with each
member of the Plumbing and Mechanical Board to learn their concerns about the
existing ordinance and to receive any comments or suggestions they had to improve the
ordinance. Next, similar interviews were conducted with the 15 plumbing contractors
that had performed the most work in Ames. This included a mix of large and small
contractors, as well as a mix of contractors that do residential and commercial work.
1
The existing ordinance contains language that attempts to describe scenarios under
which containment may be necessary. Because the number of scenarios is infinite, the
language was intentionally left non-specific and somewhat general in the ordinance.
This non-specificity, however, was a recurring concern voiced by several contractors
during the interviews. Based on the feedback from all these interviews, staff
established three goals for revising the program language.
1. The implementation should be consistent with the original council guidance given
in 1997; namely, that devices should only be required where professional judgment
suggest they are needed. The revised ordinance should not seek to expand the
number or types of locations that requirement containment.
2. The criteria for determining where devices are needed should be more explicit
and less subjective.
3. Concerns about the appeal process should be resolved in a manner that staff,
the Plumbing and Mechanical Board, the plumbing contractors, and the City Council can
support.
While considering the comments offered by the plumbing community, staff came to the
realization that it was actually simpler to describe in the ordinance scenarios that were
not a concern than it was to try to describe those that were a concern. By making a
simple change in perspective, it became much easier to describe in more specific terms
when containment was necessary.
In addressing the appeal process, careful consideration was given to the concerns of all
parties. The plumbing community expressed concern that appeals of staff decisions not
be left entirely to another staff person. City staff were concerned that water quality
issues play a larger role in the appeal process. The City Council expressed concern
that the appeal process be addressed by a body more expert in both water quality and
plumbing issues than the City Council to address these different perspectives.
Staff has prepared a proposal for a new cross-connection "Committee of Adjustment."
This committee will consist of the Director of the Water and Pollution Control
Department, the Building Official, and a representative from the Plumbing and
Mechanical Board. Using the goals and feedback gathered from the interviews, staff
prepared a revised conceptual cross-connection control program. The conceptual
model was presented to members of the Plumbing and Mechanical Board who offered
their whole-hearted support. Staff next held a public forum to present the conceptual
revisions to members of the Ames plumbing and building communities. While there was
general support for the revised concept at that meeting, there were some present who
indicated their preference to simply make containment a blanket requirement, thus
alleviating any question about whether a device was required or not. Since the original
Council guidance required devices only where the potential risk warranted the expense
and because there was no clear consensus from the plumbing community to change,
2
staff are continuing to recommend that the program implementation not include a
blanket requirement for containment.
On November 22, 2005, staff presented these conceptual program revisions to City
Council. Council gave its approval to the proposed revisions and directed staff to work
with the City Attorney to prepare a revised ordinance. A copy of the ordinance is
attached. That new draft ordinance was presented to the Plumbing and Mechanical
Board at its January 23, 2007 meeting. Staff walked through the draft ordinance with
the board members, showing them how the earlier conceptual plan had been converted
into code language. At the end of the presentation, the Plumbing and Mechanical
Board gave its unanimous approval for the proposed ordinance language. The
ordinance is now presented for adoption by Council.
ALTERNATIVES:
1. Approve the attached ordinance revising the cross-connection control program
requirements in Chapter 21 (Plumbing) of the Municipal Code on first reading.
2. Do not approve the conceptual changes to the cross-connection control program at
this time.
MANAGER'S RECOMMENDED ACTION:
Developing the revised ordinance has been a long process which included numerous
opportunities for public input. Staff has worked closely with the plumbing community to
develop an implementation approach that provides greater clarity to plumbers, that is
consistent with the original implementation concept approved by Council in 1997, and
that addresses concerns with the appeal process in a manner that is supported by all
parties.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative No. 1 and pass on first reading the ordinance revising the cross-connection
control program requirements from Chapter 21 (Plumbing) of the Municipal Code.
Staff recognizes that the Mayor and majority of our present City Council members were
not in office when an extensive background presentation on this subject was given in
November, 2005. If Council would prefer to have additional time to consider this
ordinance change, staff could present a brief report at this meeting, and Council could
open and then continue the public hearing to March 6.
3