HomeMy WebLinkAbout~Master - Ordinance Inserting a new Section 28.209B to adopt the Cross-Connection Control Standards of the 2021 Uniform Plumbing Code along with existing local amendments that are being relocated from Chapter 5 ORDINANCE NO.4448
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF ANUS,IOWA,BY ENACTING A NEW SECTION 28.209B
THEREOF,FOR THE PURPOSE OF ADOPTING THE CROSS-
CONNECTION CONTROL PROVISIONS OF THE 2021 UNIFORM
PLUMBING CODE;REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH
CONFLICT; PROVIDING A PENALTY;AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new Section 28.20913 as follows:
"28.209B.Cross-Connection Control. Section 603 of the Uniform Plumbing Code(UPC),202I Edition,as
published by the International Association of Plumbing and Mechanical Officials,4755 E.Philadelphia Street,
Ontario,California 91761-2816, is hereby adopted by reference with amendments as the Cross-Connection Control
standards.The adopted provisions of the 2021 Uniform Plumbing Code(UPC),are amended as follows:
(1) Section 603.1 General is amended by adding subsections 603.1.a through 603.1.q as follows:
(a) Purpose.The purpose of these containment regulations is:
(i) to protect the City of Ames Public Water Supply (PWS) from the possibility of
contamination or pollution by containing within the customer's internal distribution
system(s) or the customer's private water system(s) such contaminants or pollutants that
could backflow into the PWS;and
(ii) to provide for the maintenance of a continuing program of containment that will
systematically and effectively prevent the contamination or pollution of the PWS.
(b) Applicability. These containment regulations apply to all City of Ames Water Utility customers
within city limits.
(c) Penalty. A violation of any provision of the Cross-Connection Control standards shall be a
municipal infraction punishable by a penalty of$500 for a first offense, a penalty of$750 for a
second offense,and$1,000 for each succeeding offense.
(d) Definitions.As used in this section:
(i) Approved Backflow Prevention Assembly For Containment: A backflow prevention
assembly which is approved by the University of Southern California - Foundation for
Cross-Connection Control and Hydraulic Research. The backflow prevention assembly
must also be listed by the International Association of Plumbing and Mechanical
Officials, the American Society of Sanitary Engineering, or an equivalent listing. The
approval and listing requirements do not apply to an air gap used as an approved
backflow prevention assembly for containment.
(ii) Auxiliary Water Supply:Any source of water that is available to the customer over which
the City of Ames water utility does not have sanitary control to reduce pollution,
contamination, or other conditions that make that source of water unacceptable as a
potable water supply,such as,but not limited to:
(A) a public or private water supply other than the City of Ames water utility,or
(B) public or private wells,or
(C) lakes, naturally-fed ponds, storm water basins, and flowing waters (rivers,
creeks,etc.)from which water is drawn.
(iii) Available to the Customer: The water utility customer has authority to use, or direct the
use of, the auxiliary water supply by virtue of ownership, contract, or other arrangement
for control.
(iv) Commercial/Industrial Fluid:Any liquid,gas,or solution that is a chemical,biological,or
other substance in a form, quantity, or concentration that would constitute a hazard
(health or non-health) if introduced into the public water supply, such as,but not limited
to:
(A) polluted or contaminated waters;or
(B) all types of process and used waters (waters which originated from the public
water supply but may have deteriorated in sanitary quality);or
(C) chemicals in fluid form;or
(D) plating acids and alkalis;or
(E) circulated cooling waters(except for those solely used for air conditioning);or
(F) oils,gases,caustic and acid solutions;or
(G) other liquid and gaseous fluids used industrially,agriculturally,commercially,or
for other non-domestic purposes.
(v) Commercial/Industrial Fluid System: Any system used by the water utility customer to
store or utilize any commercial/industrial fluid in a manner that may constitute a hazard
(health or non-health)to the public water supply,such as,but not limited to:
(A) car washes;or
(B) microbreweries;or
(C) chlorinators;or
(D) clean-in-place systems;or
(E) bulk fluid storage with remote dispensing(motor oil, antifreeze,etc.); and
(F) injection molding with integral heating and cooling.
However,commercial/industrial fluid systems do not include:
(A) fuel gas(propane or natural gas)systems;or
(B) air conditioning, cooling, refrigeration, and similar systems using only Freon or
similar refrigerants;or
(C) sanitary sewer,rainwater, or stone sewer lines;and
(D) boilers.
(vi) Containment: A method of backflow prevention which requires the installation of a
backflow prevention assembly at the water service connection.
(vii) Hazard, Degree of. The rating of a cross-connection or service connection which
indicates if it has the potential to cause contamination or pollution. The term is derived
from an evaluation of the potential risk to public health and the adverse effect of the
hazard upon the potable water system.
(viii) Hazard - Health: A hazard upon the PWS involving any substance that, if introduced in
the potable water supply, could cause death, illness, spread disease, or have a high
probability of causing such effects.
(ix) Hazard - Non-health: A hazard upon the PWS involving any substance that generally
would not be a health hazard but, if introduced into the PWS, could cause a nuisance by
introducing color, taste or odor, or would alter the quality of the PWS physically,
chemically,or biologically.
(x) Permanent Swimming Pool: A pool or tub with a capacity of 1,000 gallons or more of
chemically treated water that has a filtration system with a pump and rigidly supported
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walls/sides. Above-ground movable pools and tubs that meet the above criteria shall be
deemed"permanent swimming pools."
(xi) Registered Backflow Prevention Assembly Technician (Technician): A person who is
registered by the State of Iowa to test or repair backflow prevention assemblies and report
on the condition of those assemblies.
(xii) Service Connection: The terminal end of the pipe connected to, directly or indirectly,the
City of Ames water main;that is,the point of delivery to the customer's water system. If
a meter is installed at the end of the service connection,then the service connection shall
mean the downstream end of the meter. Service connections shall also include,but not be
limited to, a temporary water service connection from a fire hydrant and all other
temporary or emergency water service connections from the public water system.
(xiii) Thermal Expansion: Volumetric increase of water due to heating resulting in increased
pressure in a closed system.
(e) Administrative Authority.
(i) The Administrative Authority is the Ames City Council acting through such persons or
departments as the City Council shall designate.
(ii) The Administrative Authority shall have the right to enter, with the consent of the
customer or upon the basis of a suitable warrant issued by a court of appropriate
jurisdiction, any property to determine if the conditions for a partial or total exemption
have been satisfied or if a backflow prevention assembly has been properly installed for
containment.
(A) All backflow prevention assemblies shall be available for City inspection within
24 hours.
(B) The entrance to the property to determine if the conditions for a partial or total
exemption have been satisfied will not be necessary if the customer has properly
installed, tested, and maintained an approved RP or air gap on every and all
service connections serving the customer's premises.
(iii) The Administrative Authority may collect fees for the administration of this program.
(iv) The Administrative Authority shall maintain records of containment hazard surveys, and
of the installation, testing, and repair of all backflow prevention assemblies installed for
containment purposes.
(f) Where Containment Is Required.
(i) A reduced-pressure principle backflow prevention assembly (RP) or air gap is required
for containment for every direct or indirect service connection unless such connection:
(a) qualifies for a total or partial exemption;or
(b) supplies a fire protection system.
(ii) A DC may be installed for containment in place of an RP or air gap when a partial
exemption is granted.
(iii) A partial exemption shall be granted only if all of the following conditions precedent are
met:
(A) The entire facilities are within the scope and applicability of the plumbing
regulations of the City of Ames,Iowa;and
(13) All water uses are protected by the "isolation" provisions of Chapter 6 of the
Uniform Plumbing Code;and
(C) There are no auxiliary water supplies;and
(D) There are no solar heating systems;and
(E) There are no permanent swimming pools;and
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(F) There are no commercial/industrial fluid systems;and
(G) The entire facilities and all pertinent circumstances and conditions are fully
accessible for inspection by representatives of the City's Water and Pollution
Control Department.
(iv) No backflow prevention assembly is required for containment when a total exemption is
granted.
(v) A total exemption shall be granted when a partial exemption has been granted and all of
the following conditions precedent are met:
(A) There is only one service connection, not including services for fire protection
systems;and
(B) The facility is less than four stories above grade.
(vi) Failure of the Administrative Authority to notify a customer that they do not qualify for
an exemption and that they shall install backflow prevention assemblies for containment
shall in no way relieve a customer of the responsibility to comply with all requirements
of these regulations.
(vii) The Director of the City of Ames Water and Pollution Control Department may require
installation of an air gap,by and at the customer's sole expense, at the service connection
where records indicate a history of threat to the public water supply system because of
inappropriate handling of health hazard substances or actual backflow into the PWS.
(g) New Service Connections
(i) Plans shall be submitted to the Administrative Authority for review on all new service
connections in order to determine if a partial or total exemption shall be granted.
(ii) The Administrative Authority shall require the installation of the appropriate backflow
prevention assembly for containment before the initiation of water service.
(h) Fire Protection Systems
(i) A backflow prevention assembly to be used in a fire protection system shall meet the
requirements of Factory Mutual Research Corporation (FM) and Underwriters
Laboratory (UL) and the requirements of the fire code and the building code of the City
of Ames, in addition to the requirements of paragraph28.209A(1)(a)(2)(a). Assemblies
sized smaller than 2-1/2 inches which have not been tested by FM and listed by UL may
be allowed if approved by the City of Ames Fire Department Chief.
(ii) An RP shall be installed on all new and existing fire protection systems which the
Administrative Authority determines to have any of the following:
(A) Interconnections with auxiliary supplies such as reservoirs,rivers, ponds,wells,
mills,or other industrial water systems;or
(B) Use of antifreeze or other additives in the fire protection system unless an RP is
used to isolate the loop or branch containing antifreeze or other additives when a
DC is installed at the service connection;or
(C) Any other facility,connection,or condition which may cause contamination
(iii) A DC will be required for all other fire protection systems. The DC shall be required on
all new systems at the time of installation and on existing systems at the time that they
are modified.
(i) Portable Tanks. Portable tanks and vessels shall be filled through a properly installed and
maintained backflow prevention assembly or vacuum breaker.
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{j) Installation of Backflow Prevention Assemblies
(i) All backflow prevention assemblies for containment shall be installed so that they are
accessible for testing as stated in the UPC at Section 603.4.3 thereof. The installation
shall also provide the same clearances as called for the water meter in the City of Ames
Municipal Code, Section 28.205.(3).
(ii) The required backflow prevention assemblies for containment shall be installed in
horizontal plumbing immediately following the meter or as close to that location as
deemed practical by the Administrative Authority unless approved in writing by the
Administrative Authority. In any case, it shall be located upstream of any branch piping.
Installation at this point does not eliminate the responsibility of the customer to protect
the water supply system from contamination or pollution between the backflow
prevention assembly and the water main, and to protect the water supply system from
contamination or pollution within the premises.
(iii) If hot water is used within the water system, thermal expansion shall be provided for
when installing a backflow prevention assembly for containment.
(iv) If interruption of water service during testing and repair of backflow assemblies for
containment is unacceptable to the customer, another backflow prevention assembly for
containment, sized to handle the temporary water flow needed during the time of test or
repair,shall be installed in parallel piping.
(k) Removal of Backflow Prevention Assemblies. The use of an assembly may be discontinued and
the assembly removed from service upon presentation of sufficient evidence that the customer
qualifies for an exemption.
(1) Testing of Backflow Prevention Assemblies. When water service has been terminated for non-
compliance, the backflow prevention assembly for containment shall be repaired or replaced and
then tested prior to the resumption of water service.
(m) Backflow Incidents
(i) The customer shall immediately notify the Administrative Authority when the customer
becomes aware that backflow has occurred in the building, property, or private water
system receiving water service.
(ii) The Administrative Authority may order that water service be temporarily shut off when
backflow occurs in a customer's building,property,or private water system. Such shut off
is to protect the system from further contamination or pollution and to allow time for
locating and mitigating the cause and extent of the contamination or pollution.
(n) Existing Backflow Prevention Assemblies For Containment. All backflow prevention
assemblies for containment installed prior to November 1, 1996,that do not meet the requirements
of these regulations but were approved testable assemblies for the purpose described herein at the
time of installation and that have been properly installed and maintained, shall, except for the
testing, inspection, and maintenance requirements under Section(x)and Section(xi), be excluded
from the requirements of these rules so long as the Administrative Authority is assured that they
will satisfactorily protect the PWS. Whenever the existing assembly for containment is moved
from the present location, requires replacement, or when the use of the service area protected by
the assembly changes so that the Administrative Authority determines that the customer no longer
qualifies for a partial exemption, the unit shall be replaced by an approved backflow prevention
assembly for containment meeting the requirements of these regulations.
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(o) Customer Non-compliance
(i) In case of non-compliance with these regulations, the Administrative Authority shall
notify the customer to comply within ten working days. In the event of failure or upon
refusal of the customer to comply as ordered, the Administrative Authority may, after
notice and reasonable opportunity for hearing, terminate water service. Non-compliance
includes,but is not limited to,the following:
(A) Refusal to allow the Administrative Authority access to the property to
determine if the conditions for a partial or total exemption have been satisfied,
except when an RP or air gap is properly installed for containment and properly
maintained;or
(B) Providing inadequate backflow prevention;or
(C) Failure to install a backflow prevention assembly for containment which has
been required by the Administrative Authority;or
(D) Failure to test, maintain, or properly repair a backflow prevention assembly for
containment as required by the Administrative Authority;or
(E) Failure to comply with the requirements of these regulations; or
(F) Refusal to replace a faulty backflow prevention assembly; or
(G) Removal of a backflow prevention assembly for containment which has been
required by the Administrative Authority except for seasonal removal;or
(H) Bypassing of a backflow prevention assembly for containment which has been
required by the Administrative Authority;or
(1) Failure to report a backflow incident;or
(.l) Direct connection between the PWS and a sewer line;or
(K) A situation which presents an immediate health hazard to the PWS.
(ii) If non-compliance is determined, the Administrative Authority will take the following
steps:
(A) Make a reasonable effort to advise the customer of intent to terminate water
service;and
(B) Terminate water service and lock service valve. The water service will remain
inactive until correction of the violation has been approved by the
Administrative Authority.
(p) Committee of Adjustment. There is hereby established the Containment Committee of
Adjustment.
(i) The Committee shall consist of three members as follows: the Building Official of the
City or that official's designee; the Director of Water and Pollution Control or the
Director's designee; and a representative of the Building Board of Appeals,selected from
among the members of that Board by majority vote of the Board's members.
(ii) The said Committee of Adjustment shall have the following powers:
(A) To hear and decide appeals that allege an error in any decision or determination
made in the administration and enforcement of Section 28.209B of the
Municipal Code of the City of Ames,Iowa;and
(B) To authorize, in specific cases, a time extension for compliance with Section
28.209B of the Municipal Code of the City of Ames, Iowa, as will not be
contrary to the laws of the State of Iowa,when due to special circumstances not
of the property owner's own creation, a strict literal interpretation of Section
28.209B would result in undue expenses to the property owner in view of an
alternative measure agreed to by the property owner that will not be contrary to
the public interest.
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(q) Presumptive Exemptions. The following water uses shall generally be presumed exempt from
the containment requirements of Section 28.209B: water closets, lavatories, bath tubs, showers,
water softeners, single-faucet water treatment units, boilers, sinks, irrigation systems, clothes
washers, dishwashers, pre-rinse stations, garden hose connections, drinking fountains, urinals,
carbonators/beverage dispensers,garbage disposals, ice makers,cleaning chemical dispensers,and
private fire hydrants. However, when warranted by the facts and circumstances of a particular
situation, the Administrative Authority, with notice and opportunity to be heard extended to the
property owners,may apply to the Containment Committee of Adjustment for a determination that
containment measures are required under such facts and circumstances.
(2) Section 603.4.2 Testing is amended by adding new subsections 603.4.2.1 through 603.4.2.5:
(a) Backflow prevention assemblies which are in place,but have been out of service for more than
three months,shall be tested before being put back into service. Backflow prevention assemblies
used in seasonal applications shall be tested before being put into operation each season.
(b) The Authority Having Jurisdiction may periodically verify test procedures and results.
(c) When warranted,the Authority Having Jurisdiction may require backflow prevention assemblies
to be tested at any time in addition to the annual testing requirement. Examples of this include,
but are not limited to,assemblies with a history of repeated failures or assemblies that have been
subjected to fire,flood,or other unusual environmental conditions.
(d) The tester shall report the results of all inspections and tests of a backflow prevention assembly to
the customer and to the Authority Having Jurisdiction on a form approved by the Authority
Having Jurisdiction within ten working days. The tester shall immediately report to the Authority
Having Jurisdiction when and where a test indicates that an assembly fails to meet standards and
no immediate repair is done to make the assembly meet standards.
(e) Before being placed back into service,any backflow prevention assembly which fails a test shall
be repaired or replaced. In the case when a reported value is less than the minimum,the Director
of the City of Ames Water and Pollution Control Department may approve temporary restoration
of service."
(3) Section 603.4.8 Drain Lines is amended inserting at the start of the section the following:"Provisions
shall be made to convey the discharge of water from any reduced-pressure principle backflow prevention
assembly(RP)to a suitable drain."
(4) Section 603.4.9 Prohibited Locations is amended by adding at the end of the section the following:
`Backflow prevention devices with atmospheric vents or ports shall be protected from flooding. No
backflow prevention device shall be installed in a place where it would create a safety hazard such as,but
not limited to,over an electrical panel or above ceiling level."
(5) Section 603.4 General Requirements is amended by adding anew Section 603.4.10 Repairs as follows:
(a) All repairs to backflow prevention assemblies shall be performed by registered backflow
prevention assembly testers.
(b) The tester shall not change the design,material,or operational characteristics of a backflow
prevention assembly during repair or maintenance. The tester shall use only original manufacturer
replacement parts or equivalent parts approved by the University of Southern California—
Foundation for Cross-Connection Control and Hydraulic Research."
Section Two.A violation of any provision of this ordinance shall be a municipal infraction punishable by a
penalty of$500 for a first offense,a penalty of$750 for a second offense, and$1,000 for each succeeding offense.
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Section Three. All ordinances,or parts of ordinances,in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this 141 day of September,2021.
Diane R. Voss,City Clerk John A. Haila, Mayor
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