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HomeMy WebLinkAboutA005 - Proof of Publication dated September 21, 2021 - Ordinance No. 4448 Proof Of Publication In THE AMES TRIBUNE CITY OF AMES 515 CLARK AVENUE AMES,IA 500100811 STATE OF WISCONSIN,BROWN COUNTY I,5 l-W.k 60-r i-e ISM ,on oath depose and say that I am the Legal Clerk of THE AMES TRIBUNE,a daily newspaper,published at;Ames,Story County,Iowa that the annexed printed: CITY OF AMES Ordinance No 4448 was published in said newspaper 1 time(s)in issues dated: September21,2021 the last day of said publication being the 21st day of September,2021 Lega erk Notary Public,State f isconsin,County of Brown My commission xpires sworn to before me and subscribed in my presence by this the 21st day of September,2021 FEE: $305.07 AMY KOKOTT AD#: 0001426027 ACCT: 33408 Notary Public State of Wisconsin Page 1 of 1 #1426027 Control and Hydraulic Research. (F)injectlon molding With Inte- Volumetric Increase of water due ORDINANCE NO.4448 The backflow prevention assem- gral heating and cooling. to heating resulting in increased bly must arso be listed by the In- However, commercial/industrial pressure in a closed system. AN ORDINANCE TO AMEND THE ternational Association of Plumb- fluid systems do not include: (0)Administrative Authori- MUNICIPAL CODE OF THE CITY OF ing and Mechanical Officials,the (A)fuel gas(propane or natu- ty. AMES,IOWA,BY ENACTING A NEW American Society of Sanitary Engl- ral gas)systems:or 0)The Administrative Au- SECTION 28.209B THEREOF, FOR neering, or an equivalent listing. (B) air conditioning, cooling, thority Is the Ames City Council THE PURPOSE OF ADOPTING THE The approval and listing require- refrigeration,and similar systems acting through such persons or CROSS-CONNECTION CONTROL ments do not apply to an air gap using only Freon or similar departments as the City Council PROVISIONS OF THE 2021 UNI- used as an approved backflow refrigerants;or shall designate. FORM PLUMBING CODE; prevention assembly for contain- (C)sanitary sewer,rainwater, (ii)The Administrative Au- REPEALING ANY AND ALL ORDI- ment. or storm sewer lines;and thorlty shall have the right to en- NANCES OR PARTS OF ORDINAN- (ill Auxiliary Water Supply: (D)bailers. ter,with the consent of the cus- CES IN CONFLICT TO THE EXTENT Any source of water that Is avalla- (vi)Containment:A method tomer or upon the basis of a suita- OF SUCH CONFLICT;PROVIDING A ble to the customer over which of backflow prevention which re- ble warrant Issued by a court of PENALTY;AND ESTABLISHING AN the City of Ames water utility does quires the Installation of a back- appropriate jurisdiction,any prop- EFFECTIVE DATE not have sanitary control to re- flow prevention assembly at the erty to determine if the conditions duce pollution, contamination,or water service connection. for a partial or total exemption BE IT ENACTED,by the City Coun- other conditions that make that (vip Hazard, Degree of:The have been satisfied or if a back- cil for the City of Ames,Iowa,that: source of water unacceptable as a rating of a cross-connection or flow prevention assembly has Section One. The Municipal Potable water supply,such as,but service connection which indi- been properly installed for eon- Code of the City of Ames, Iowa not limited to: Cates if it has the potential to tainment. shall be and the same is hereby (A) a public or private water cause contamination or pollution. (A)All backflow prevention as- amended by enacting a new Sec- supply other than the City of The term is derived from an evalu- semblies shall be available for tion 28209E as follows: Ames water utility,or ation of the potential risk to pub- City inspection within 24 hours. "28.209B. Cross-Connection Con- (B)public or private wells,or Iic health and the adverse effect (B)The entrance to the property trol. Section 603 of the uniform (C) lakes, naturally-fed ponds, of the hazard upon the potable to determine if the conditions for Plumbing Code (UPC), 2021 Edi- storm water basins, and flowing watersystem. a partial or total exemption have tion,as published by the Intema- waters (rivers, creeks,etc.)from (viii)Hazard-Health:A haz- been satisfied will not be neces- tional Association of Plumbing which water is drawn. and upon the PWS Involving any sary If the customer has properly and Mechanical Officials,4755 E. (iii)Available to the Customer. substance that, if introduced in installed, tested, and maintained Philadelphia Street,Ontario,Cali- The water utility customer has au- the potable water supply, could an approved RP or air gap on ev- fornia 91761-2816.is hereby adopt- thorlty to use,or direct the use of, cause death, illness, spread dis- ery and all service connections ed by reference with amendments the auxiliary water supply by vIr- ease,or have a high probability of serving the customer's premises. as the Cross-Connection Control tue of ownership,contract,or oth- causing such effects. 011)The Administrative Author- standards. The adopted provl- er arrangement for control. Ox) Hazard - Non-health: A ity may collect fees for the admin- sions of the 2021 Uniform Plumb- (iv)Commercial/Industrial Flu- hazard upon the PWS involving istration of this program. ing Code (UPC),are amended as id:Any liquid,gas,or solution that any substance that generally (iv)The Administrative Author- follows: Is a chemical,biological,or other would not be a health hazard but, ity shall maintain records of con- (1) Section 603.1 General is substance in a form,quantity,or if introduced into the PWS,could tainment hazard surveys, and of amended by adding subsections concentration that would consti- cause a nuisance by introducing the installation, testing, and re- 603.1.a through 603.1.q as follows: tute a hazard (health or non- color,taste or odor,or would alter pair of all backflow prevention as- (a) Purpose. The purpose of health)if introduced Into the pub- the quality of the PWS physically, semblies Installed for contain- these containment regulations Is: llc water supply,such as,but not chemically,or biologically, ment purposes. (1) to protect the City of limited to: (x) Permanent Swimming (f)Where Containment Is Re- Ames Public Water Supply(PWS) (A) polluted or contaminated Pool:A pool or tub with a capacity quired. from the possibility of contamina- waters;or of 1,000 gallons or more of chemi- (i)A reduced-pressure princi- tion or pollution by containing (B) all types of process and tally treated water that has a fil- pie backflow prevention assembly within the customer's internal dis- used waters(waters which origi- tration system with a pump and (RP)or air gap is required for con- tribution system(s)or the custom- nated from the public water sup- rigidly supported walls/sides. tainment for every direct Or Indi- er's private water system(s)such ply but may have deteriorated in Above-ground movable pools and rect service connection unless contaminants or pollutants that sanitary quality);or tubs that meet the above criteria such connection: could backflow into the PWS:and (C)chemicals in fluid farm;or shall be deemed "permanent (a)qualifies for atotal or par- (H)to provide for the mainte- (D)plating acids and alkalis;or swimming Pools." tlal exemption;or nance of a continuing program of (E) circulated cooling waters (A)Registered Backflow Pre- (b)supplies a fire protection containment that will systemati- (except for those solely used for vention Assembly Technician system. tally and effectively prevent the air conditioning);or (Technician):A person who Is reg- GO A DC may be Installed contamination or pollution of the (F)oils,gases,caustic and acid iste red by the State of Iowa to test for containment in place of an RP PWS. solutions;or or repair backflow prevention as- or air gap when a partial exemp- (b) Applicability. These con- (G)other liquid and gaseous flu- semblies and report on the condi- tion is granted. tainment regulations apply to all ids used industrially,agricultural- tion of those assemblies. Vii) A partial exemption City of Ames water Utility custom- ly,commercially.or for other non- (xii)Service Connection:The shall be granted only if all of the ers within city limits. domestic purposes. terminal end of the pipe connect- fallowing conditions precedent (c)Penalty.A violation of any (v)Commercial/Industrial Flu- ed to, directly or Indirectly, the are met: provision of the Crass-Connection id System: Any system used by City of Ames water main;that Is, (A)The entire facilities are with- Control standards shall be a mu- the water utility customer to store the point of delivery to the cus- in the scope and applicability of nleipal infraction punishable by a or utilize any tomer's water system.If a meter the plumbing regulations of the penalty of$500 for a first offense, commercial/industrial fluid In a is installed at the end of the serv- City of Ames,Iowa;and a penalty of$750 for a second of- manner that may constitute a haz- ice connection, then the service (B)All water uses are protected fense, and $2.000 for each suc- ard(health or non-health)to the connection shall mean the doom- by the "isolation" provisions of ceeding offense. public water supply,such as,but stream end of the meter.Service Chapter 6 of the Uniform Plumb- (d)Definitions.As used in this not limited to: connections shall also Include, Ing Code;and section: (A)car washes;or but not be limited to,a temporary (C)There are no auxiliary water (i) Approved Backflow Pre- (B)microbrewerles;or water service connection from a supplies;and vention Assembly For Contain- (C)chlorinators;or fire hydrant and all other tempo- (D) There are no solar heating ment: A backflow prevention as- (D)clean-in-place systems;or rary or emergency water service systems;and sembly which is approved by the (E) bulk fluid storage with re- Connections from the public water (E) There are no permanent University of Southern California- mote dispensing (motor oil,anti- systent swimming pools;and Foundation for Cross-Connection freeze,etc.);and (xili) Thermal Expansion: (F) There are no commercial/Industrial fluid sys- rivers,ponds,wells,mills,or other vention Assemblies. When water cept when an RP or air gap is tems;and industrial water systems;or service has been terminated for properly installed for containment (G)The entire facilities and all (B)use of antifreeze or other ad- non-compliance, the backflow and properly maintained;or pertinent circumstances and can- ditives in the fire protection sys- Prevention assembly for contain- (B) Providing Inadequate back- dltions are fully accessible for in- tem unless an RP Is used to Iso- ment shall be repaired or replaced flow prevention;or spection by representatives of the late the loop or branch containing and then tested prior to the re- (C)Failure to install a backflow City's Water and Pollution Control antifreeze or other additives when sumption of water service. prevention assembly for contain- Department. a DC is installed at the service (m)Backflow Incidents ment which has been required by (Iv)No backflow prevention as- connection;or (1)The customer shall Im- the Administrative Authority;or sembly Is required for contain- (C) Any other facility, connec- mediately notify the Administra- (D)Failure to test,maintain,or ment when a total exemption Is tion, or condition which may tive Authority when the customer properly repair a backflow preven- granted. cause contamination becomes aware that backflow has tion assembly for containment as (v)A total exemption shall be (III)A DC will be required occurred in the building,property, required by the Administrative Au- granted when a partial exemption for all other fire protection sys- or private water system receiving thority;or has been granted and all of the tems.The DC shall be required on water service. (E)Failure to comply with the re- following conditions precedent all new systems at the time of in- 01)The Administrative Au- quirements of these regulations; are met: stallation and on existing systems thority may order that water serv- or (A) There is only one service at the time that they are modified. Ice be temporarily shut off when (F) Refusal to replace a faulty connection,not including services (I)Portable Tanks.Portable backflow occurs In a customer's backflow Prevention assembly;or for fire protection systems;and tanks and vessels shall be filled building,property,or private wa- (G)Removal of a backflow pre- (B)The facility is less than four through a properly installed and ter system.Such shut off Is to pro- vention assembly for containment stories above grade. maintained backflow prevention tect the system from further con- which has been required by the (vi)Failure of the Administra- assembly or vacuum breaker, tamination or pollution and to al- Administrative Authority except tive Authority to notify a customer (j)Installation of Backflow Pre- law time for locating and mitigat- for seasonal removal;or that they do not quality for an ex- vention Assemblies Ing the cause and extent of the (H)Bypassing of a backflow pre- emption and that they shall install (1)All backflow prevention as- contamination or pollution, vention assembly for containment backflow prevention assemblies semblies for containment shall be (n)Existing Backflow Preven- which has been required by the for containment shall in no way installed so that they are accessi- tion Assemblies For Containment Administrative Authority;or relieve a customer of the respon- ble for testing as stated in the All backflow prevention assem- (1) Failure to report a backflow, sibility to comply with all require- UPC at Section 603A.3 thereof.The blies for containment installed incident;or ments of these regulations. installation shall also provide the prior to November 1,1996.that do (J) Direct connection between (vii)The Director of the City of same clearances as called for the not meet the requirements of the PWS and a sewer line;or Ames Water and Pollution Control water meter in the City of Ames these regulations but were ap- (K) A situation which presents Department may require Installa- Municipal Code,Section 28205.(3). Proved testable assemblies for an Immediate health hazard to the tion of an air gap,by and at the (H) The required backflow the purpose described herein at PWS. customer's sole expense, at the Prevention assemblies for con- the time of Installation and that (il)if non-compliance is deter- service connection where records tainment shall be installed In hori- have been properly installed and mined,the Administrative Author- Indicate a history of threat to the zontal Plumbing immediately fol- maintained,shall, except for the Ity will take the following steps: Public water supply system be- lowing the meter or a5 close to testing, inspection, and mainte- (A)Make a reasonable effort cause of Inappropriate handling that location as deemed practical nance requirements under Sec- to advise the customer of intent of health hazard substances or by the Administrative Authority tion (x) and Section (xi), be ex- to terminate water service:and actual backflow into the PWS. unless approved In writing by the cluded from the requirements of (B)Terminate water service (g)New Service Connections Administrative Authority. In any these rules so long as the Admin- and lock service valve.The water (I)Plans shall be submitted case,it shall be located upstream istrative Authority is assured that service will remain inactive until to the Administrative Authority for of any branch piping.Installation they will satisfactorily protect the correction of the violation has review an all new service Conner- at this point does not eliminate PWS. Whenever the existing as- been approved by the Administra- tions In order to determine if a the responsibility of the customer sembly for containment is moved tiveAuthority. partial or total exemption shall be to protect the water supply sys- from the present location, re- (P) Committee of Adjust- granted. tem from contamination or Pollu- quires replacement, or when the ment.There is hereby established (11)The Administrative Au- tion between the backflow pre- use of the service area protected the Containment Committee of thority shall require the installa- vention assembly and the water by the assembly changes so that Adjustment tion of the appropriate backflow main, and to protect the water the Administrative Authority de- (i) The Committee shall prevention assembly for contain- supply system from contamina- termines that the customer no consist of three members as fol- ment before the Initiation of water tion or pollution within the prem- longer qualifies for a partial ex- lows: the Building Official of the service. ises. emption, the unit shall be re- City or that official's designee;the (h)Fire Protection Systems (iii)If hot water is used with- placed by an approved backflow Director of Water and Pollution (1) A backflow Prevention In the water system,thermal ex- prevention assembly for contain- Control or the Director's designee; assembly to be used in a fire pro- pansion shall be provided for ment meeting the requirements of and a representative of the Build- tection system shall meet the re- when installing a backflow pre- these regulations. Ing Board of Appeals, selected quirements of Factory Mutual Re- vention assembly for contain- (0) Customer Non- from among the members of that search Corporation (FM)and Un- ment. compliance Board by majority vote of the derwriters Laboratory (UL) and (iv) If interruption of water (1) in case of non- Board's members. the requirements of the fire code service during testing and repair compliance with these regula- (11)The said Committee of and the building code of the City of backflow, assemblies for con- lions,the Administrative Authorl- Adjustment shall have the follow' of Ames, in addition to the re- tainment is unacceptable to the tY shall notify the customer to Ing powers: quirements of customer, another backflow, pre- comply within ten working days. (A)To hear and decide appeals paragraph28.209A(1)(a)(2)(a). As- vention assembly for contain- In the event of failure or Upon re- that allege an error in any deci- semblies sized smaller than 2-1/2 meet,sized to handle the tempo- fusal of the customer to comply sion or determination made in the inches which have not been test- rary water flow needed during the as ordered,the Administrative Au- administration and enforcement ed by FM and listed by UL may be time of test or repair,shall be In- thority may,after notice and rea- of Section 28.209D of the Municipal allowed if approved by the City of stalled in parallel piping, sonable opportunity for hearing, Code of the City of Ames, Iowa; Ames Fire Department chief. (k)Removal of Backflow Pre- terminate water service. Non- and 01)An RP shall be installed vention Assemblies.The use of an compliance includes, but is not (B)To authorize,in specific Cas- on all new and existing fire pro- assembly may be discontinued limited to,the following; es, a time extension for compli- tection systems which the Admin- and the assembly removed from (A)Refusal to allowthe Adminis- ance with Section 28.209E of the lstrative Authority determines to service upon presentation of suffi- trative Authority access to the Municipal Code of the City of have any of the following: cient evidence that the customer property to determine if the con- Ames,Iowa,as will not be contra- (A)Interconnections with auxili- qualifies for an exemption. ditions for a partial or total ex- ry to the laws of the State of Iowa, ary supplies such as reservoirs, (1)Testing of Backflow Pre- emption have been satisfied, ex- when due to special eircumstan- i ces not of the property owner's back into service, any backflow own creation,a strict literal Inter- Prevention assembly which fails a pretation of Section 28209B would test shall be repaired or replaced. result in undue expenses to the In the case when a reported value property owner in view of an al- is less than the minimum,the Dl- ternative measure agreed to by rector of the City of Ames Water the property Owner that will not and Pollution Control Department be contrary to the public interest. may approve temporary restora- (q)Presumptive Exemptions. tion service." The following water uses shall (3)Section 603.4-8 Drain Lines is generally be presumed exempt amended inserting at the start of from the containment require- the section the following: `Provi- ments of Section 28.209B: water sioks shall be made to convey the closets, lavatories, bath tubs, discharge of water from any showers,water softeners,single- reduced-pressure principle back- faucet water treatment units,boll- flow Prevention assembly(RP)to ers, sinks, irrigation systems, a suitable drain." clothes washers, dishwashers, (4)Section 603.49 Prohibited Lo- Pre-rin5e stations, garden hose cations Is amended by adding at connections, drinking fountains, the end of the section the follow- urinals, carbonators/beverage ing:"Backflow prevention devices dispensers,garbage disposals,ice with atmospheric vents or ports makers, cleaning chemical dls- shall be Protected from flooding. Pensers,and Private fire hydrants. No backfow prevention device However,when warranted by the shall be installed in a place where facts and circumstances of a par- it would create a safety hazard ticular situation, the Administra- such as,but not limited to,over an tive Authority,with notice and op- electrical Panel or above ceiling Portunity to be heard extended to level.' the property owners,may apply to (5) Section 603.4 General Re- the Containment Committee of quirements is amended by adding Adjustment for a determination a new Section 603A.10 Repairs as that containment measures are follows required under such facts and cir. (a)All repairs to backflow Pre- cumstances, vention assemblies shall be Per- (2) Section 603A.2 Testing formed by registered backflow Is amended by adding new sub- Prevention assembly testers. sections 603A.2.1 through (b)The tester shall not change 603.4.2.5: the design,material,or operation- (a)Backfow prevention as- at characteristics of a backflow semblies which are In Place,but prevention assembly during repair have been out of service for more or maintenance. The tester shall than three months,shall be tested use only original manufacturer re- before being put back into serv- Placement Parts or equivalent Ice. Backflow prevention assem- parts approved by the University bites used in seasonal applica- of Southern California- Founda- tions shall be tested before being tion for Cross-Connection Control put into operation each season. and Hydraulic Research." (b)TheAuthorityHavingJu- Section Two. A violation of any risdiction may Periodically verify provision of this ordinance shall test procedures and results. be a municipal infraction Punisha- (c)Whenwarranted,the Au- ble by a penalty of$500 for a first thority Having Jurisdiction may re- offense, a penalty of$750 for a quire backfow prevention assem- second offense, and $1,000 for bites to be tested at any time in each succeeding offense. addition to the annual testing re- Section Three Ail ordinances,or quirement. Examples of this In- parts of ordinances, in conflict clude,but are not limited to,as- herewith are hereby repeated to semblies with a history of repeat- the extent of such conflict,if any. ed failures or assemblies that Section Four. This ordinance shall have been subjected to fire.Rood, be in full force and effect from or other unusual environmental and after Its Passage and Publica- condltions. tion as required by law. (d)The tester shall report the results of all Inspections and Passed this 14th day of Septem- tests of a backflow prevention as- ber,2021. sembly to the customer and to the Authority Having Jurisdiction on a John A.Haila,Mayor form approved by the Authority Diane R.Voss,City Clerk Having Jurisdiction within ten working days. The tester shall im- Published in the Ames Tribune on medlately report to the Authority September 21,2021(1T) Having Jurisdiction when and where a test indicates that an as- sembly fails to meet standards and no immediate repair Is done to make the assembly meet standards. (e) Before being placed