Burlingame Municipal Code Ch. 15.04 Water Connections and Fees

Fees for water service installations shall be those provided from time to time by resolution of the city council. The council shall also establish by resolution such other fees, charges and procedures as may be necessary for the administration of water service.

Whenever water services are to be laid and connected to the water mains of the city, or whenever a property is converted to a more intensive use, the person, firm, or corporation desiring to lay and connect the same or change the use shall apply in writing to the city engineer, through the building permit and development review process, stating the location of the premises effected. Upon receipt of the application, the city engineer shall approve the necessary permits and collect such capacity charges and inspection fees as may be established by the council from time to time.

(Ord. 917 § 2, (1970); Ord. 1026 § 1, (1974); Ord. 1996 § 2, (2021))

(a) Any person requesting a connection to water shall, as a condition of such connection pay, the following charges:

Residential

Nonresidential

(b) Capacity charges for residential connections are applied per subsection (a) of this section. For existing singlefamily residential connections, no additional capacity charges would apply to a home remodeling or expansion project, even if the project results in the need to increase the water meter size whether for fire flow or other purposes. For existing multifamily connections, capacity charges will apply for new units per subsection (a) based on number and type and will be credited for existing units, if any, per subsection (a) based on number and type.

(c) Capacity charges for Accessory Dwelling Units (ADUs) are applied based on square footage in compliance with the requirements of Government Code Section 65852.2 with the exception that no capacity charges may be levied on ADUs built within the existing living area of a primary residence and the total expansion itself is less than 150 square feet. Capacity charges for detached ADUs and ADUs that are an expansion of more than 150 square feet to the primary residence shall be as per the fees presented under subsection (a) of this section and these charges will be applied to the entire square footage of the expansion.

(d) Capacity charges for nonresidential water connections are applied based on the water meter size of each new connection. Any land use category that does not fall into residential will be considered nonresidential. For existing nonresidential connections, whenever an upsize of water meter is required, the property owner is required to pay capacity charges for the incremental increase in water demand because of the upsize. Water demands are determined utilizing meter capacity ratios based on American Water Works Association (AWWA) standard meter capacities. Water capacity charges should not be levied on irrigation meters or on new private fire service connections.

(e) For a meter size that is not presented in the above table, the costs will be calculated utilizing the AWWA standard meter capacity of proposed water meter size, using the costs set forth in subsection (a) of this section for scheduled fees.

(f) These capacity charges do not exempt a developer from having to fund the upsizing of infrastructure in cases where the existing infrastructure is inadequate to meet the water demands of the project.

(g) Capacity charges for standard connections are shown above. Connections with higher levels of estimated water demand than assumed for each customer class maybe assessed higher charges than shown based on the water capacity charge per gallons per day multiplied by the estimated volume of water demand of the new or expanded connection as determined by the city.

(h) The schedule listed in subsection (a) of this section shall be adjusted to conform to the latest Engineering News Record Construction Cost Index for the city of San Francisco using 13,762 as the base index as of July 2021. The capacity charges listed in subsection (a) of this section shall therefore be multiplied by the Engineering News Record Construction Cost Index for the city of San Francisco in effect on January 1, and the result divided by 13,762 to obtain the capacity charge to be implemented.

All moneys received from the collection of the water capacity charges as authorized shall be deposited with the city treasurer who shall keep a separate and distinct fund and account to be known as "The Water Enterprise Fund." This fund shall be used, when appropriated by the council, for the management, maintenance, operation and repair of the water system, water storage and pumping, for the planning, extension and enlargement of the works.

(Ord. 1996 § 3, (2021))

(a) All fire protection services are to be installed by the owner at his or her expense with the required encroachment permit and inspection by the city public works department.

(b) A double check detector valve of a type approved by the city public works department is required on all fire services and is to be furnished by the owner. Each building with a fire protection service shall have its own separate fire connection with the city water main.

(c) A backflow prevention device, which shall be of a type approved by the director of public works and the health officer, is required on buildings three stories or more in height.

(Ord. 917 § 2, (1970); Ord. 1035 § 1, (1975); Ord. 1679 § 4, (2002))

The ownership of this water service installation including the meter, and complete service from main through the meter box shall be vested in the city of Burlingame.

A credit for the cost of the meter on an existing service being abandoned may be claimed when a new larger service replaces an existing service.

(Ord. 917 § 2, (1970))

(a) Purpose. The purpose of this section is to describe the cross-connection control program implemented by the city of Burlingame public works department to protect the public water supply against actual or potential contamination through cross-connection and backflow.

(b) Scope. The scope of the cross-connection control program includes all of the elements necessary to ensure compliance with the California Code of Regulations, Title 17, Public Health Sections 7583 through 7605. The city of Burlingame partners with the San Mateo County environmental health services division to implement the majority of the scope of this program, including compliance with required program personnel certifications, surveying of residential, industrial and commercial user facilities for potential cross-connection hazards, designation of appropriate backflow preventers, requirements for testers and testing of backflow prevention assemblies, and maintenance of records.

(c) Definitions. The following definitions describe those terms and phrases that are pertinent to the various elements of a cross-connection control program:

(1) Approved Backflow Prevention Assembly. The term "approved backflow prevention assembly" shall mean assemblies listed, and installed as prescribed, on the most current List of Approved Backflow Prevention Assemblies, published by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC Foundation), and meet any additional requirements deemed necessary by the city or environmental health.

(2) Approved Water Supply. The term "approved water supply" means any local water supply whose potability is regulated by a state or local health agency.

(3) Auxiliary Water Supply. The term "auxiliary water supply" means any water supply on or available to the premises other than the approved water supply as delivered by the water purveyor to the service connection.

(4) AWWA. The term "AWWA" is an acronym for the American Water Works Association.

(5) Backflow. The term "backflow" shall mean a flow condition, caused by a differential in pressure, which causes the flow of water or other liquid, gases, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than an approved water supply source. Back siphonage is one cause of backflow. Back pressure is the other cause.

(6) Backflow Preventer. The term "backflow preventer" shall mean an approved assembly or means designed to prevent backflow.

(A) Air Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water to a tank, plumbing fixture, receptor or other assembly and the flood level rim of the receptacle. These vertical physical separations must be at least twice the diameter of the water supply outlet, never less than one inch.

(B) Reduce Pressure Principle Backflow Prevention Assembly. This assembly consists of two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and below the first check valve. These units are located between two tightly closing resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks.

(C) Double Check Valve Assembly. This assembly consists of two internally loaded check valves, either spring-loaded or internally weighted, installed as a unit between two tightly closed resilient-seated shutoff valves and equipped with properly located resilient-seated test cocks.

(D) Double Check Valve Detector Assembly. This assembly is a specially designed backflow assembly composed of a line-sized-approved double check valve assembly with a bypass containing a water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates and is used to show unauthorized usage or leaks in the customer's system.

(E) Pressure Vacuum Breaker Assembly. This assembly contains one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check or checks. It also includes two tightly closing shutoff valves on each side of the check valves and equipped with properly located resilient-seated test cocks.

(F) Atmospheric Vacuum Breaker Assembly. This assembly contains an air inlet valve, a check seat and an air inlet port(s). A shut off valve immediately upstream may be an integral part of the assembly, but there shall be no shutoff valves or obstructions downstream. The assembly shall not be subject to operating pressure for more than 12 hours in any 24 hour period.

(G) Hose Bibb Vacuum Breaker. This device is permanently attached to a hose bibb and acts as an atmospheric vacuum breaker.

(7) Customer or Responsible Party. The "customer or responsible party" is the person that either has applied for water service from the city, or owns or controls water piping or fixtures served by the city water supply. The terms customer and responsible party have the same meaning within this chapter.

(8) Contamination. The term "contamination" means a degradation of the quality of the potable water by any foreign substance which creates a hazard to the public health, or which may impair the usefulness or quality of the water.

(9) Pollution. The term "pollution" shall mean an impairment of the quality of the water to a degree which does not create a hazard to the public health, but, which does adversely and unreasonably affect the aesthetic qualities of such waters for domestic use.

(10) Cross-Connection. The term "cross-connection" as used in this chapter means any unprotected actual or potential connection between a potable water system used to supply water for drinking purposes and any source or system containing unapproved water or a substance that is not or cannot be approved as safe, wholesome, and potable. By-pass arrangements, jumper connections, removable sections, swivel or changeover devices, or other devices through which backflow could occur, shall be considered to be cross-connections.

(11) Person. The term "person" means an individual, corporation, company, association, partnership, municipality, public utility, or other public body or institution.

(12) Facility. The term "facility" means any and all areas on a water user's property which are served or have the potential to be served by the public water system.

(13) Public Water System. The term "public water system" means a system for the provision to pipe water to the public for human consumption that has five or more service connections or regularly serves an average of 25 individuals daily at least 60 days out of the year.

(14) Service Connection. The term "service connection" refers to the point of connection of a facility's piping to the water supplier's facilities, usually considered the point at the outlet from the water meter.

(15) Water Supplier. The term "water supplier" means the person who owns or operates the approved water supply system.

(16) Water User. The term "water user" means any person obtaining water from an approved water supply system.

(17) City. Unless otherwise specified, the term "city" shall refer to the city of Burlingame department of public works, water division or San Mateo County environmental health working as a partner to the water division.

(18) Inspection Tag. "Inspection tag" means a current-calendar-year backflow tag purchased from San Mateo County environmental health.

(19) Cross-Connection Control Program Specialist. The term "cross-connection control program specialist" means a person certified by AWWA, or an approved equivalent certifying entity, to evaluate the hazards inherent in supplying a customer's water system.

(20) Certified Tester. The term "certified tester" means a person certified by AWWA or an approved equivalent certificate and certified by San Mateo County environmental health services to perform backflow prevention assembly testing.

(d) Administration of Program.

(1) Authority. The city of Burlingame department of public works is the administrative authority for the cross-connection control program. The authority to administer this program comes from state of California, Title 17; state of California, Public Utilities Commission Rule 16c; and state of California, Department of Public Health Services (and any successor agencies).

(2) Program Administrator. The program administrator for the cross-connection control program in the city of Burlingame is the public works superintendent or designee. The city also partners with the San Mateo County environmental health services division through an agreement to implement portions of the program, as allowed by California Health and Safety Code. However, the city is ultimately responsible for the implementation of the program.

(e) Appropriate Backflow Protection.

(1) New Construction, Remodels and Tenant Improvements.

(A) Residential, Single-Family and Duplexes Only.

(i) Domestic Water. The city may require an approved backflow prevention assembly to be installed on the customer's facility, as close as possible to the service connection. The assembly shall be a reduced pressure principle backflow prevention assembly (RPP) or a double check valve assembly (DC) as determined by the city. If it is determined that a backflow prevention assembly is required, the customer may also need to install a thermal expansion tank in accordance with the California Plumbing Code.

(ii) Irrigation System. The city requires an approved backflow prevention assembly to be installed on the customer's facility on the branch line serving an irrigation system. The assembly shall be a pressure vacuum breaker (PVB), reduced pressure principle backflow prevention assembly (RPP), or atmospheric pressure vacuum breaker (AVB) as determined by the city.

(iii) Fire Suppression System. All facilities with an installed fire suppression system must have an approved backflow prevention assembly, excluding flow-through fire systems, on the branch line serving the fire suppression system. The assembly shall be a double check valve assembly (DC) or as determined by the city. Flow-through fire protection systems shall be constructed with approved potable water piping and materials.

(B) Commercial, Industrial, Institutional, Multifamily.

(i) Domestic Water. The city may require an approved backflow prevention assembly to be installed on the customer's facility, as close as possible to the service connection. The assembly shall be a reduced pressure principle backflow prevention assembly (RPP) or a double check valve assembly (DC) as determined by the city. If it's determined after a survey, that a backflow prevention assembly is required, the customer may also need to install a thermal expansion tank in accordance with the California Plumbing Code.

(ii) Irrigation System. The city requires an approved backflow prevention assembly to be installed on the customer's facility, as close as possible to any irrigation system service connections or on any irrigation branch line. The assembly shall be a pressure vacuum breaker (PVB), reduced pressure principle backflow prevention assembly (RPP) or atmospheric pressure vacuum breaker (AVB) as determined by the city.

(iii) Fire Suppression System. All facilities with an installed fire suppression system must have an approved backflow prevention assembly. The assembly shall be a double check valve detector assembly (DCDA) and installed according to city standard specifications and drawings, and this section. The assembly must incorporate a city-supplied bypass water meter at customer's cost which is also protected with an approved double check valve assembly.

(2) Existing Service Connection. When it is determined in a survey by a city or environmental health crossconnection control program specialist that an actual or potential cross connection or backflow condition is present on an existing facility, the installation of an appropriate backflow preventer shall be required. Should an existing backflow prevention assembly be in place that does not meet the city's installation requirements, does not comply with this section, or does not provide adequate protection with the degree of hazard found on-site, the assembly shall be replaced or upgraded as required by the city, at the expense of the customer or responsible party.

(f) Surveys.

(1) Identification of Survey Candidates. The city may identify specific industries that might pose an actual or potential backflow hazard to the public water supply. Some of these industries are identified from common lists of industries where cross-connections are likely to be found, as provided by the state of California, the USC Foundation, and other recognized organizations. From these lists, specific facilities in the city's service area may be identified by directories, mailing lists, associations, and business licenses.

(2) Survey. Surveys may take the form of office surveys or field surveys. Office surveys may include determination of facility hazards based on business type or known water use on the facility. Office surveys could also include evaluation of responses to mailed or on-line surveys.

Field surveys may include evaluation of water use by observations made from public or private areas not on the subject facility, or physical inspection on all or a portion of the facility. When possible, a request to survey the facility shall be made at least 24 hours in advance, and a date and time agreed upon with a responsible party. Should the request to survey be denied by a responsible party, notice shall be sent to the customer or responsible party directing installation of the appropriate backflow assembly, at the water meter, based on best available knowledge of the water use and potential hazards at the facility.

During the survey many factors are considered to determine if activities or water use on facility are or could be a potential hazard to the public water supply. Factors that may be considered include:

(A) Alternative sources of water on site (auxiliary water supplies).

(B) Piping configurations on-site.

(C) Uses of water on-site.

(D) Types of water using equipment.

(E) Condition of water using equipment.

(F) Complexity and elevations of plumbing on-site, and the potential for alterations of that system.

(G) Storage and use of hazardous materials on-site.

(g) Location and Configuration of Backflow Assemblies. Backflow prevention assemblies shall be installed in accordance with Title 17 of the California Code of Regulations, Section 7603, the city's Standard Specifications, and the most recent edition of the USC Foundation manual. Any deviation from these requirements shall require the city's approval. Unless otherwise permitted by the city, all backflow preventers shall be installed on the customer's or responsible party's facility.

(1) Air-Gap Separation (AG). The air-gap separation shall be located as close as practical to the user's connection and all piping between the user's connection and the receiving tank shall be entirely visible unless otherwise approved.

(2) Double Check Valve Assembly (DC). A double check valve assembly and double check valve detector assembly shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the assembly in a manner where it is readily accessible for testing and maintenance.

(3) Reduced Pressure Principle Backflow Prevention Assembly (RPP). A reduced pressure principle backflow prevention assembly shall be installed a minimum of 12 inches above grade and not more than 36 inches above grade measured from the bottom of the assembly, and with a minimum of 12 inches side clearance in a manner where the assembly is readily accessible for testing and maintenance.

(4) Pressure Vacuum Breaker (PVB). A pressure vacuum breaker check valve assembly shall be installed a minimum of 12 inches above all downstream piping and flood level rims of receptors and in a manner where it is readily accessible for testing and maintenance.

(5) Atmospheric Vacuum Breaker (AVB). An atmospheric vacuum breaker check valve assembly shall be installed a minimum of six inches above all downstream piping and flood level rims of receptors and in a manner where it is readily accessible for testing and maintenance.

(6) Backflow Prevention Assembly Enclosures. A backflow prevention assembly enclosure, cage or locked bag may be required by the city to be installed at the customer's expense, to combat against tampering, vandalism or theft. The city may require that any enclosure, cage or locked bag be secured to a concrete slab and securely locked.

Any deviation of installation from the descriptions provided shall require the city's approval prior to installation. All backflow prevention assembly installations shall be inspected by the city to ensure compliance with all relevant statutes, regulations, ordinances, and city requirements.

(h) Testing and Maintenance of Backflow Preventers.

(1) Responsibility. As per the California Code of Regulations, Title 17, the city shall assure that adequate maintenance and periodic testing of backflow prevention assemblies are provided by the customer or responsible party, to ensure the proper operation of the assemblies. Therefore, the city declares that the customer or responsible party is ultimately responsible for the installation, testing, and maintenance of all required backflow prevention assemblies on or related to the customer's facility.

(2) Certified Testers. No person shall test and/or make reports on backflow prevention assemblies to comply with this section unless he or she possesses a current certification issued by the San Mateo County environmental health services division as defined in County Ordinance Code.

(3) Frequency of Testing. Backflow prevention assemblies shall be tested by a certified tester immediately after they are installed, relocated or repaired and not placed in service unless they are functioning as required. All backflow prevention assemblies shall be tested at least annually or more frequently if determined to be necessary by the city or environmental health, in accordance with the California Code of Regulations, Title 17, and San Mateo County Ordinance Code. Exception is subsection (h)(4)(A).

(4) Fire Suppression System Backflow Preventer Testing.

(A) Single-Family and Duplex Residential. Single-family and duplex residential (SFDR) fire suppression systems with an installed backflow prevention assembly shall be tested upon installation only, unless otherwise required by the city. After completion of successfully testing the assembly, the #1 and #2 shut off valves shall remain in the open position and the handles removed. The handles shall be stored in the spare head box. SFDR fire suppression system backflow assemblies are not required to be tested annually because of the low degree of hazard.

(B) Commercial, Industrial, Multifamily.

(i) Commercial, industrial, multifamily fire suppression system backflow preventers must be tested annually by a certified tester.

(ii) If an existing fire suppression system backflow assembly is located in a vault, and has adequate physical clearance to test, it is considered "existing non-conforming" and approved for testing.

(iii) If an existing assembly fails the field test, the assembly must be repaired or replaced with an appropriate, approved backflow prevention assembly, installed to current city standards. If any failed assembly is currently in a vault, the assembly must be relocated above grade, to meet all current codes and city standards.

(iv) If an existing fire system does not have testable approved backflow prevention assembly the city shall require that a new appropriate assembly that meets all current codes be installed at customer or responsible party expense.

(i) Procedures for Testing and Inspection.

(1) Testable backflow prevention assemblies shall be tested using current USC Foundation test procedures.

(2) When a backflow prevention assembly is inspected and has passed the testing procedure, the certified tester shall immediately affix a numbered inspection tag to the assembly purchased from the county of San Mateo environmental health services division.

(3) When a backflow prevention assembly fails the testing procedure, the certified tester shall immediately affix a "Failed" inspection tag to the assembly. Records of failed assembly tests shall be filed/submitted as directed within 10 days. The "Failed" inspection tag shall remain affixed to the assembly until the assembly is repaired, has passed the testing procedures and has been affixed with a numbered inspection tag.

(4) Certified testers are solely responsible to comply with applicable municipal requirements for additional permits or licenses (i.e., local business license, plumbing permit, etc.) to test or repair backflow prevention assemblies within the city.

(j) Enforcement. San Mateo County environmental health has the authority to take enforcement action as allowed in the County Ordinance Code relating to backflow prevention, and as it applies to the agreement between the city and environmental health. The city shall have the authority to enforce this section as follows:

(1) Any person who violates any provision of this chapter, or bypasses or renders inoperative any backflow prevention assembly installed under the provisions of this chapter, shall be subject to fines as detailed in Burlingame Municipal Code Chapter 1.12, Violations of Code.

(2) Failure to comply with any section of this chapter may be cause for the discontinuance of water service by the city. The program administrator shall give notice in writing of any violations of this chapter to the customer or responsible party. If appropriate action is not taken within 10 days after such notice has been mailed or delivered in person, the program administrator may discontinue delivery of water. However, if the program administrator or the health officer determines that the violation constitutes an immediate threat to the public health or safety or to the integrity of the public water system, the program administrator or the health officer may discontinue delivery of water immediately without prior notice; in such an instance, the program administrator or the health officer shall deliver notice of discontinuance as soon as practicable to the property owner and customer or responsible party. Delivery of water shall not be resumed until all required corrective actions have been made and certified as complete by the city or environmental health.

(3) All costs incurred by the city for discontinuance of water service and all fees associated with reinstating water service shall be paid by the customer or responsible party. Costs incurred by environmental health for inspections shall be paid by the customer or responsible party at the rate set forth by San Mateo County ordinance.

(k) Reporting. All reporting required by this chapter at the city shall be the responsibility of the program administrator. This includes any reports to local, state, and federal regulatory or health agencies such as: California Department of Health Services, and San Mateo County environmental health services division.

(l) Training of Personnel.

(1) Program Administrator. The program administrator of the cross-connection control program at the city shall be a minimum of a supervisor capacity. He or she shall be a cross-connection control program specialist as defined in this section.

(2) Cross-Connection Control Inspector and Tester. The city representative assigned to the inspection and survey of consumers to determine if backflow prevention is warranted shall be a cross-connection control program specialist as defined in this chapter. The city employee assigned to the testing of city-owned assemblies shall be a certified tester as defined in this section.

(m) Maintenance of Records.

(1) Assembly Records. Records of assembly type, size, manufacturer, installation date, location, account number, customer or responsible party of record, and repair history shall be kept electronically or in hard copy form. Assembly records shall be kept for the life of the assembly by either the city or by environmental health as appropriate.

(2) Testing Records. Test results on all assemblies shall be kept electronically or in hard copy form for a minimum of three years.

(Ord. 1903 § 2, (2014))

Design details, methods and materials for construction of water services over two inches in diameter within public property are not specified in this code. Such details, methods and materials shall conform with specifications for the construction of such work as are compiled by the city engineer. Such specifications may be changed from time to time at the option of the city engineer but such changes shall in no way affect the validity of regulations or requirements contained herein.

(Ord. 1035 § 2, (1975))