Firebaugh Municipal Code § 15-1 Water Department

[Ord. #308, S1]

The water department shall be under the supervision, control and management of the water manager. The director of public works of the city shall be the water manager, unless the city council shall appoint some other person.

[Ord. #308, S2]

There is a fund known as the Firebaugh City Water Department Fund. All collections of water accounts shall be collected by the finance director, who shall be the city manager. All such collections shall go into the water department fund.

[Ord. #308, S3; Ord. #13-03, § 1]

a. Rates may be revised in the future by resolution after a noticed hearing pursuant to Government Code 53753, and unpaid charges under said rates shall still be a lien upon the real property involved.

b. The rates established for all user classes by the city shall include, without limitation, the costs of upgrade and maintenance of the water production, treatment and delivery systems, administration and overhead costs, costs of future repairs and capital improvements, necessary reserves to protect and ensure the future utilization of these systems.

c. The rates established for all user classes by the city shall also include the cost of water which is supplied to city-owned facilities, including, without limitation, city parks, city buildings, City Hall, the police department, the fire department and the Senior Center. City facilities are operated, maintained, and used by, and for the benefit of, the water customers of the City of Firebaugh. Since all customers directly or indirectly benefit from city facilities, the cost of providing water to these facilities is included in the water rates of the water customers of the City of Firebaugh.

[Ord. #91-2, S1]

A water conservation program for the City of Firebaugh may be established in the future by resolution after a noticed hearing.

[Ord. #308, S4; New; amended by Ord. #80-6, S1; Ord. #90-3, S1]

Each person obtaining a new water supply shall apply for service to the city upon a form specified by the city, which shall be prepared by the collector of the water department. All owners of property must guarantee that bills for service to the property or the occupants thereof will be paid. In the event a new applicant for residential water service is unable to establish credit worthiness, such applicant shall be required to pay as a security deposit an amount as established from time to time by resolution of the city council. In the event a residential water service customer applies for reconnection or reestablishment of water service after having been disconnected for nonpayment of bills for water service, such customer shall be required to pay as a security deposit an amount as established from time to time by resolution of the city council. Any person making a new connection to the city system shall pay an initial connection charge as established by city council's resolution after a duly noticed public hearing. Where a new line has to be extended in order to bring service to a new user, the user shall pay the cost of the line. Subsequent persons tapping into this line may be required by the collector of the water department to pay a portion of the costs of the line, which shall then be refunded to the person originally paying for said line. All lines when so built and brought into the city water system must give the necessary water easements to the city. All owners of property using city water shall thereby consent to the right of the city, through its employees, to come upon the property as necessary to inspect the lines, and to shut off water where required under this chapter and the applicable city policies and regulations.

[Ord. #308, S5]

Where circumstances appear making it likely that there will be extensive use of water by a new or an older user, the city may require the installation of a water meter. There shall be a shutoff valve for city use between the city water supply and the meter and there shall be a shutoff valve between the meter and the building or buildings in which the water is used. The cost of the meter shall be paid for by the user. Upon notification of the decision of the water manager that a meter shall be installed, the owner may, if he or she concludes that there is no necessity for a meter, file an appeal with the city council, and no meter shall be installed until the city council has acted upon the appeal. Such an appeal need follow no particular formalities, but shall be in writing and identify the property in question.

[Ord. #342, S1; Ord. #80-6, S1; Ord. #82-7, S2; Ord. #92-8, S1; Ord. #93-5, S1; Ord. #08-05, S2; amended 4-6-2020 by Ord. No. 20-02]

a. Billings. All utility users shall be billed once per month for water, sewer, and garbage collection rates and delinquent and subject to shutoff of said services on the following schedule:

b. Delinquent Penalties. If the water, sewer, and garbage collection charges are not paid when due, a penalty of 10% of the amount delinquent shall be added and collected so long as the water, garbage collection, and sewer charges are paid within 30 days after the due date. Thereafter, a late charge of 1 1/2% per month shall be added to the delinquent water, garbage collection, and sewer charges until paid. Any partial payments of water, garbage collection, and sewer charges will be first credited to pay any accrued penalties and late charges. A water, garbage collection, or sewer service customer who is disconnected for nonpayment, shall be charged a reconnection charge as established and set forth from time to time by resolution of the City Council.

c. Water and Sewer Connection Fees. Fees for initial connection into the water and sewer systems of the City shall be as established by City Council resolution after a duly noticed hearing.

d. Discontinuation of Residential Water Service for Nonpayment. Discontinuation of residential water service for the nonpayment of a utility bill shall be governed by the City's Discontinuation of Water Service Policy, available on the City website.

[Ord. #308, S9]

It shall be a misdemeanor for any person to turn on service which has been shut off pursuant to the above section, unless that person is duly authorized to do so by the water manager.

[Ord. #308, S10; Ord. #08-05, S3]

The owner of any property to which water, sewer, and garbage collection service is made shall be responsible for the payment of the bill for service, and all owners of property must guarantee that the bills for service to property of the occupants thereof will be paid. Delinquent charges for water, sewer, or garbage collection and all penalties thereof when recorded as provided in Title 5, Division 2, Part 1, Chapter 6 of the Government Code (section 54300 et seq.), shall constitute a lien upon the real property served (except that no such lien shall be created against any publicly owned property).

[Ord. #308, S11]

It shall be a misdemeanor for any person to waste water, to open any street hydrant, stopcock, gate valve, or tamper with or interfere with any street service, water connection, water reservoir, pumping plant or water meter attached to any service pipe connected with the city mains or pipes or hydrants, or turn off or on water mains or water pipes of the city, or tamper with or injure any water mains, water pipes, meter or other fittings of the city laid in any street, avenue, alley or other public place, or tamper with, deposit or cause to be deposited in any water main or pipe of said city any fluid or solid matter, substance of any kind or do any act that might cause water to become polluted, poisoned or adulterated, or to take, pump or draw water from any water main, pipe or hydrant of the city without first arranging with the manager of the water department for the same and paying the established rate therefor. Actions of city employees, authorized fire department personnel engaged in their duties, or personnel of the city working within the scope of their duties shall not be a violation of this chapter.

[Ord. #308, S12]

All water cooling systems, including refrigeration systems using water for cooling, hereafter installed, shall provide for the recirculation of water. Existing systems, which use water once for cooling purposes and then allow the water to drain away through the sewage system or otherwise without recirculation where the water manager determines that such systems are unduly wasting water, shall be converted to a recirculating system. The water manager shall notify the owner of the necessity of such conversion to a recirculating system, which must be accomplished within one year thereafter. Whoever uses a non-recirculating system, contrary to the provisions of this section, shall be guilty of a misdemeanor.

[Ord. #308, S13]

Each owner of property must provide space and keep the space about the meter box (if any) and shutoff box servicing his property free and clean of trash, garbage, barrels, boxes, dirt, oil, building material or other obstructions that may in any way interfere with the free access to the same by the employees of the city water department. If any owner allow such obstructions to occur, these obstructions may be removed by the water department and the cost thereof charged against the owner and shall become a lien against the property if not paid when billed.

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 87-8.

[Ord. #04-02, S1]

a. It is the intent of this subsection to recognize that there are varying degrees of hazard to the city's potable water system, and it is the intent to apply the principle that the degree of protection should be commensurate with the degree of hazard.

b. The purpose of this subsection is:

1. To protect the public potable water supply of the city from the possibility of contamination or pollution by isolating within its customers' internal distribution system(s) such contaminants or pollutants which could backflow or back-siphon into the public water system; and

2. To promote the elimination and control of existing cross-connections, actual or potential, between its customers' in-plant potable water system(s) and nonpotable water system(s), plumbing fixtures, and industrial piping systems; and

3. To provide for the continuing program of cross-connection control and certification training, which will effectively prevent the contamination or pollution of all potable water systems.

[Ord. #04-02, S1]

As used in this subsection:

ABPA

Means the American Backflow Prevention Association.

AIR-GAP SEPARATION (AG)

Means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying potable water to an open or nonpressure receiving tank, plumbing fixture, or other device and the flood rim of said vessel. An approved air-gap shall be at least double the diameter of the supply pipe, and in no case less than one inch, within sidewalls no less than 1 1/2 inches. An AG must be located as close as practical to the user's connection, and all piping between the user's connection and receiving tank must be entirely visible unless otherwise approved in writing by the cross-connection control specialist. There must be no outlet, tee, tap or connection of any kind to or from the supply pipe between the water meter and the opening from which the water is discharged into the receiving vessel.

APPROVED

Means accepted by the director or designated city utilities employee who has been certificated by AWWA as a cross-connection control specialist, as meeting an applicable specification stated or cited in this subsection, and suitable for the proposed use and degree of hazard.

APPROVED ATMOSPHERIC VACUUM BREAKER (AVB) ASSEMBLY

Means an assembly containing an air inlet valve or float-check, a check seat and air inlet port. A resilient-seated shut-off valve may only be included on the upstream side of the air inlet valve. The assembly shall be installed not less than six inches above the highest outlet on the line. This assembly is designed for usage under a back-siphonage condition only.

APPROVED DOUBLE CHECK DETECTOR CHECK VALVE ASSEMBLY (DCDA)

Means a line - size assembly of two independently acting internally spring-loaded check valves with two tightly closing resilient seated shutoff valves on each end of the assembly, four properly located full port ball valve test cocks for the testing the water tightness of each check valve. Bypass shall consist of one approved double check valve assembly, static pressure drop across the bypass double check valve assembly shall be two PSI less than the mainline check valve assembly. Where an above-grade installation is impossible due to weather conditions, the DC must be installed in a vault that provides proper clearances for testing and maintenance. The following are minimum criteria for below-grade installation: If a DC must be installed below grade, it must be placed in a vault with minimum of 12 inches between the bottom of the vault and the bottom of the assembly. The top of the assembly must be no more than eight inches below grade. There must be at least 24 inches of clearance between the side of the assembly with the test cocks and the side of the vault, and at least 12 inches clearance between the other side of the assembly and the side of the vault. The vault must have adequate drainage to prevent flooding. Vaults that do not have an integrated bottom must be placed on a three-inch layer of gravel.

APPROVED DOUBLE CHECK VALVE ASSEMBLY (DC)

Means an assembly of two independently acting internally loaded check valves with two tightly closing resilient seated shutoff valves on each end of the assembly, four properly located full port ball valve test cocks for the testing of the water tightness of each check valve. The DC shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance. This type of assembly should be installed at least 12 inches and not more than 36 inches above grade (measured from the lowest point of the assembly), and must have adequate side and top clearance to allow access for testing and maintenance. A minimum side and top clearance of 12 inches should be allowed.

APPROVED PRESSURE VACUUM BREAKER (PVB)

Means an assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located test cocks and resilient-seated shut-off valves at each end of the assembly. This assembly is designed for usage under a back-siphonage condition only.

APPROVED REDUCED PRESSURE PRINCIPLE ASSEMBLY (RP)

Means an assembly with one differential diaphragm relief valve which shall automatically reduce the pressure in the zone between the two check valves. The assembly shall operate to maintain the pressure in the zone between the two check valves at a level less than the pressure on the public water supply side of the assembly. During normal flow, and at cessation of normal flow, the pressure between the two check valves shall be at least two PSI less than the upstream supply pressure. In case of the leakage of either of the check valves, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. The assembly shall have two resilient seated gate valves, or full-ported ball valves on each end of the assembly and four properly located ball valve test cocks. These assemblies shall be installed a minimum of 12 inches and a maximum of 36 inches above ground (measured from the lowest point of the assembly) and 12 inches side clearance. To be approved these assemblies must be installed in location where no part of the assembly will be submerged.

AUXILIARY WATER SUPPLY

Means any water supply on or available to the premises other than the purveyor's approved public potable water supply. These auxiliary waters may include water from another purveyor's public potable water supply or any natural source(s) such as a well, spring, irrigation canal or pipeline, etc., or "used waters" or "industrial fluids." These waters may be polluted or contaminated or they may be objectionable and constitute an unacceptable water source over which the water purveyor does not have controls.

AWWA

Means the American Water Works Association.

BACK-SIPHONAGE

Means the flow of water or other liquids, mixtures, or substances into the distributing pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

BACKFLOW

Means the flow condition, induced by a differential in pressure, that causes the flow of water or other liquids into the distribution pipes of a public water supply from any source other than its intended source.

CONTAMINATION

Means an impairment of the quality of the potable water by sewage, industrial fluids or waste liquids, compounds, or other materials to a degree which creates an actual hazard to the public health through poisoning or through the spread of disease.

CONTROLLED CROSS-CONNECTION

Means a connection between a potable water system and a nonpotable water system with an approved backflow prevention assembly properly installed that will continuously afford the protection commensurate with the degree of hazard.

CROSS-CONNECTION CONTROL BY CONTAINMENT

Means the installation of an approved backflow prevention assembly at the water service connection to any customer's premises where it is physically and economically infeasible to find and permanently eliminate or control all actual or potential cross-connections within the customer's water system; or it shall mean the installation of an approved backflow prevention assembly to the service line leading to and supplying a portion of a customer's water system where there are actual or potential cross-connections which cannot be effectively eliminated or controlled at the point of cross-connection.

CROSS-CONNECTION CONTROL SPECIALIST (SPECIALIST)

Means of the City of Firebaugh who has been certified by AWWA or ABPA as a cross-connection control specialist.

CUSTOMER

Means the water user served by the public water system.

CUSTOMERS WATER SYSTEM

Means the piping used to convey water supplied by the public water system throughout the customer's facility.

DIRECTOR

Means the director of utilities for the City of Firebaugh.

FIRE MARSHAL

Means the fire chief of the City of Dinuba or state fire marshal.

HOSE BIB VACUUM BREAKER

Means a device generally attached to a sill cock and in turn connected to a hose-supplied outlet such as a garden hose, slop sink hose, a spray outlet, etc. It consists of a spring loaded check valve that seals against an atmospheric outlet when water supply pressure is turned on. When the water supply is turned off, the device vents to the atmosphere in order to protect against back-siphonage conditions. A hose bib vacuum breaker should not be used as protection against backpressure.

IDENTIFICATION

Means each assembly shall have the following information securely attached or embossed on each unit:

INSTALLATION

Means each assembly shall be installed a minimum of 12 inches and a maximum of 36 inches above ground, 12 inches side clearance from any structure and as close to the water purveyors meter location as may be possible.

NFPA

Means the National Fire Protection Association.

NONPOTABLE WATER

Means water which is not safe for human consumption or which is of questionable potability.

POLLUTION

Means the presence of any foreign substance (organic, inorganic, or biological) in the water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably affect such waters for domestic use. Water;

POTABLE WATER

Means any water which, according to recognized standards, is safe for human consumption.

PUBLIC WATER PURVEYOR OR MUNICIPAL WATER SYSTEM

Means the City of Firebaugh public water system.

USED WATER

Means any water supplies by the water purveyor from a public potable water system to a customer's water system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.

WATER SERVICE CONNECTION

Means the terminal end of a service connection from the public potable water system, where the water purveyor loses jurisdiction and sanitary control over the water at its 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. There should be no unprotected takeoffs from the service line ahead of any meter or backflow prevention assembly located at the point of delivery to the customer's water system. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the public potable water system.

[Ord. #04-02; SI]

DEGREE OF HAZARD

Means the evaluation of the potential risk to public health and the adverse effect of hazard upon the potable water system as defined in this section:

HEALTH HAZARD

Means any condition, assembly, or practice in the water supply system and its operation which could create, or in the judgment of the specialist may create a danger to the health and well-being of the water consumer.

INDUSTRIAL FLUIDS SYSTEM

Means any system containing fluid or solution which may be chemically, biologically, or otherwise contaminated or polluted in a form of concentration such as would constitute a health, water system, pollution or plumbing hazard if introduced into an approved water supply, this may include, but not be limited to: polluted or contaminated waters; all types of process waters and "used waters" originating from the public potable water system which may have deteriorated in sanitary quality; chemicals in fluid form; plating acids; alkalies; circulated cooling tower waters, open or closed, that may be chemically or biologically treated or stabilized with toxic substances; contaminated natural waters such as from wells, springs, streams, irrigation canals; oils; gases; glycerin; caustic and other acid solutions which may be used for industrial and firefighting purposes.

PLUMBING HAZARD

Means a cross-connection in a consumer's potable water system that has not been properly protected by a vacuum breaker, air-gap separation, or backflow prevention assembly.

The term "plumbing hazard" includes but is not limited to cross-connections to toilets, sinks, lavatories, wash trays, washing machines or lawn sprinkling systems. Unprotected plumbing-type cross-connections shall be considered to be a health hazard.

POLLUTION HAZARD

Means an actual or potential threat to the physical properties of the water system or to the potability of the public or consumer's potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to public health.

SYSTEM HAZARD

Means an actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer's potable water system or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.

[Ord. #04-02, S1]

The director of public works shall be responsible for the protection of the public potable water system from contamination or pollution due to the backflow or back-siphonage of contaminates or pollutants through the water service connection.

If, in the judgment of the director, or cross-connection control specialist, an approved backflow prevention assembly is required at the city's water service connection to any customer's premises, for the safety of the water system, the director, or specialist shall give notice in writing to said customer to install such an approved backflow prevention assembly at each service connection to his premises. The customer shall immediately install such approved assembly or assemblies at his own expense; and failure, refusal, or inability on the part of the customer to install said assembly or assemblies immediately shall constitute a ground for discontinuing water service to the premises until such assemblies have been properly installed.

[Ord. #04-02, S1]

a. Water System.

1. The water system shall be considered as made up of two parts, the city system and the customer system.

2. The city system shall consist of the source facilities (wells) and the distribution system, and shall include all those facilities of the water system under complete control of the city, from the source of supply up to the point where the customer's system begins. The source shall include all components of the facilities utilized in the protection, treatment, storage and the delivery of water to the distribution system.

3. The distribution system shall include the network of conduits used for the delivery of water from the source to the customer's system.

4. The customer's system shall include those parts of the facilities beyond the termination of the city distribution system which are utilized in conveying city-delivered domestic water to point of use.

b. Policy.

1. No water service connection to any premises shall be installed or maintained by the city water department unless the water supply is protected as required by state laws and this chapter. Service of water to any premises shall be discontinued by the director or cross-connection control specialist if a backflow prevention assembly required by state law or this chapter is not installed, tested, or maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or altered, or if an unprotected cross-connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

2. The customer's system shall be open for inspection at all reasonable times to authorized representatives of the city water services department, city building inspectors and city fire marshal to determine whether cross-connections or other structural or sanitary hazards, including violations of this chapter, exist. When such a condition becomes known, the authorized representatives shall deny or immediately discontinue service to their premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city regulations relating to plumbing and water supplies and regulations adopted pursuant thereto.

3. An approved backflow prevention assembly shall also be installed on each service line to a customer's water system at or near the property line or immediately outside the building being served; but in all cases, before the first branch line leading off the service line.

4. The owners/water user of any premises on which, or on account of which, backflow prevention assemblies are installed, shall have the assemblies inspected by a person who has demonstrated their competency in testing of these assemblies to the city and has a valid AWWA or ABPA Backflow Prevention Assembly Tester Certification. Backflow prevention assemblies must be tested at least annually and immediately after installation, relocation or repair. An annual administrative fee of $12 will be charged to the water user/owner of each assembly at the time annual test letters are mailed, and billed on the next utility bill. Assemblies shall be inspected after installation or relocation by city backflow prevention assembly tester or cross-connection specialist. A fee to inspect/test assembly shall be paid by the owner or business required to install the assembly. The city may require a more frequent testing schedule if it is determined to be necessary. No assembly shall be placed back in service unless it is functioning as required. A report in a form acceptable to the city shall be filed with the city each time an assembly is tested, relocated, or repaired. These assemblies shall be serviced, overhauled, or replaced whenever they are found to be defective. All costs of testing, inspection, repair, and maintenance shall be borne by the water user.

5. The city will supply affected water users with a list of persons acceptable to the city to test backflow prevention assemblies. The city will notify affected customers by mail when annual testing of an assembly is needed. This notice shall give the water user 60 days to have the assembly tested.

6. A second notice shall be sent to each water user which does not have his/her backflow prevention assembly tested as prescribed in the first notice within the sixty-day period allowed. The second notice will give the water user 14 days to have his/her assembly tested. If no action is taken within the fourteen-day period the director/specialist may:

(a) Have the assembly tested and maintained by a city staff certified backflow prevention assembly tester. The water user will be charged for the test and any maintenance found necessary on the utility bill.

(b) Have a certified tester approved by cross-connection control specialist, test and maintain assembly. The water user will be charged for the test and maintenance found necessary on the utility bill. The tester will be paid from administrative fee fund.

(c) Terminate water service to the affected water user until a successful test is received.

[Ord. #04-02, S1]

The charges made for the services provided under Section 15-1.12.050b,6(a) shall be set, initially as set forth in this section, but the amount of these charges may be modified by the city council from time to time by resolution, so that the fees charged are adequate to recover the city's actual cost of providing the services and provide no incentive to the water user to refuse to cooperate with enforcement efforts. In addition to the following charges, there shall be added the actual cost of the time spent on repairs, with a minimum charge for at least one hour of time. The initial amounts shall be as follows:

[Ord. #04-02, S1]

a. In the case of any premises where there is an auxiliary water supply which is not otherwise subject to the provisions of this chapter, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principle backflow prevention assembly (RP).

b. In the case of any premise where there is any water or substance that would be objectionable but not hazardous to public health if introduced into the public water system, the public water system shall be protected by an approved double check valve assembly (DC).

c. In the case of any premise where there is any material dangerous to health, which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principle backflow prevention assembly (RP), sewage treatment plants pumping stations, chemical plants, hospitals and mortuaries.

d. In the case of any premises where there are "uncontrolled" cross-connections, either actual or potential, the public water system shall be protected by an approved air-gap (AG) separation or an approved reduced pressure principal backflow prevention assembly (RP) at the service connection.

e. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impracticable to make a complete implant cross-connection survey, the public water system shall be protected against backflow or back-siphonage from the premises by the installation of an approved backflow prevention assembly in the service line. In this case, maximum protection will be required; that is, an approved air-gap (AG) separation or a reduced pressure (RP) principal backflow prevention assembly shall be installed in each service to the premises.

f. In the case of premises having any internal cross-connection that cannot be permanently corrected and controlled, or intricate plumbing and piping arrangements, pumps or other devices, or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross-connections exist, the public water system shall be protected against backflow from the premises by installing an approved air-gap (AG) separation or reduced pressure (RP) principle backflow prevention assembly in the service line.

g. In the case of new, remodeled or building inspection a hose bib vacuum breaker shall be installed on all hose bibs (water faucets).

[Ord. #04-02, S1]

Businesses and uses as designated by the director or cross-connection specialist, shall be required to install a backflow prevention assembly of the type indicated as a minimum, as follows:

Each new, relocated or existing water service must be reviewed to determine the existing or potential hazard which may occur once the water leaves the water purveyors jurisdiction at the water meter. This type of backflow assembly list indicates the type of assembly required for specific businesses and uses. The assembly listed may not be the final determination in a given situation, a more restrictive assembly if a greater hazard is encountered or a less restrictive assembly or none at all if a lesser or no hazard exists. The backflow protection assembly would be installed on the water service line(s), adjacent to the water meter on the consumer's property.

[Ord. #04-02, S1]

Following are the minimum backflow assembly required to satisfy containment requirements and shall apply to those fire protection systems connected to the public water system. (AWWA M-14 and NFPA)

The director or designated city utilities employee who has been certified by AWWA as a cross-connection control specialist may require additional protection for the public water system if he/she deems it necessary due to potential contamination.

a. Class I: Direct connection from public water mains only; no pumps, tanks, or reservoirs; no physical connection from other water supplies; no antifreeze or other additives of any kind: all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.

b. Class II: Same as Class I, except that booster pumps may be installed in the connections from the street mains (Booster pumps do not affect the potability of the system; it is necessary, however, to avoid drafting so much water that pressure in the water main is reduced below 20 psi.)

c. Assembly Required - Class I and Class II: are interpreted to refer to those systems which generally and ordinarily would not require an approved backflow protection assembly at the fire system user connection in order to protect the public water system. However, it is recognized that "special conditions: (such as multiple services) may exist on the site of a Class I or II fire sprinkler system such that an actual or potential contamination hazard is presented to the domestic water supply and that under these "special conditions" an approved backflow prevention assembly at the user connection for the fire sprinkler system, is warranted.

d. Class III: Direct connection from public water supply main plus one or more of the following; elevated storage tanks: fire pumps taking suction from above ground covered reservoirs or tanks; and pressure tanks (all storage facilities are filled or connected to public water only, the water in the tanks to be maintained in a potable condition).

e. Assembly required - Class III: Approved double check valve (DC) installed as outlined in Class I and Class II.

f. Class IV: Directly supplied from public mains similar to Classes I and II, and with an auxiliary water supply on or available to the premises; or an auxiliary supply located within 1,500 feet of the pumper connection.

g. Assembly Required - Class IV: Air gap (AG); reduced pressure (RP) or double check valve (DC); the assembly shall be aboveground installation and as near the public water system as possible.

h. Class V: Directly supplied from public water mains, and interconnected with auxiliary supplies, such as; pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; wells, mills or other industrial water systems; or where antifreeze or other additives are used.

i. Assembly required - Class V: Air gap (AG); reduced pressure (RP) installed aboveground and as near public water system as possible.

j. Class VI: Combined industrial and fire protection systems supplied from the public water mains only, with or without gravity storage or pump suction tanks.

k. Assembly required - Class VI: Protection assembly would be determined after fire marshal and specialist had made a complete survey of the fire protection requirements of the premises.

[Ord. #04-02, S1]

When water users are found that pose a clear and immediate hazard to the potable water supply and these hazards cannot be immediately abated, the shutoff procedures should be initiated.

Conditions requiring water shut-off shall include, but not be limited to the following:

a. Refusal to test backflow prevention assembly;

b. Refusal to repair or replace faulty backflow prevention assembly;

c. Direct or indirect connection between a potable water system and a sewer system;

d. Unprotected direct or indirect connection between a potable water system and a system or equipment containing toxic chemicals or sewage;

e. Unprotected direct or indirect connection between potable water system and auxiliary water system;

f. Unprotected direct or indirect connection between potable water system and nonpotable nonpressure system;

g. Refusals to correct violations.

[Ord. #04-02, S2]

When it becomes necessary to shut-off- a user's water, the following steps shall be followed:

a. The cross-connection control specialist shall determine the degree of hazard to public health. (See paragraph a, b, c, d, and e of Section 15-1.12.030.)

b. If it is determined to be an immediate public health hazard:

1. Immediately discontinue user's service;

2. Immediately verbally notify the user;

3. Follow up with a certified letter of corrections to be taken prior to service being restored;

4. If the degree of hazard is high, immediate notification to state and county health departments.

[Ord. #04-02, S1]

a. Any backflow prevention assembly required in this chapter shall be of model and size approved by the specialist. The term approved backflow prevention assembly: shall mean an assembly that has been manufactured in full conformance with the standards established by AWWA entitled: AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Assemblies; and have met completely the laboratory and field performance specifications of the Foundation of Cross-Connection Control and Hydraulic Research (FCCC & HR) of University of Southern California.

b. Final approval of any assembly or system proposed for installation under the terms of this chapter shall be evidenced by a "Certificate of Approval" issued by an approved testing laboratory certifying full compliance with said AWWA standards and FCCC & HR specifications or other recognized testing laboratory. The following testing laboratory has been qualified by the Specialist to test and certify backflow preventers:

c. Testing laboratories other than the laboratory listed above will be added to an approved list as they are qualified by the specialist. Backflow preventers which may be subject to back pressure of back-siphonage that have been fully tested and have been granted a certificate of approval by the qualified laboratory and are listed on the laboratory's current list of "Approved Assemblies" may be used without further test or qualification. The specialist shall maintain in his office the current list of approved assemblies.

[Ord. #04-02, S1]

Prior to the installation of any backflow prevention assemblies between the public water system and the owner's facility, the owner or contractor shall make application and receive approval from the cross-connection control specialist. Application forms are available from the public works department and the building and planning department.

[Ord. #04-02, S1]

It shall be the duty of the designated city utilities employee who has been certificated by AWWA as a cross-connection control specialist (specialist) to ensure that at any premises where backflow prevention assemblies are installed to have a certified inspection and operational test made at least once per year and immediately after installation, relocation or repair. In those instances where the specialist deems the hazard to be great enough he/she may require certified testing and inspections at more frequent intervals. These inspections and test may be at the expense of the water user and shall be performed by the city water service department certified personnel, or by a certified tester approved by the specialist. It shall be the duty of the specialist to see that these timely tests are made. The customer shall be notified by the specialist in advance when the tests are to be undertaken so that he or his representative may witness the tests if it is so desired. Those assemblies found to be defective shall be repaired, overhauled, or replaced at the expense of the customer user. Records of such tests, repairs, and overhaul shall be kept by the water utility department.

[Ord. #04-02, S1]

The charges made for the services provided under Section 15-1.12.130, shall be set, initially as set forth in this section, but the amount of these charges may be modified by the city council from time to time by resolution so that the fees charged are adequate to recover the city's actual cost of providing the services and provide no incentive to the water user to refuse to cooperate with enforcement efforts. The initial amounts shall be as follows:

[Ord. #04-02, S1]

a. No person shall be qualified to test, inspect, repair, overhaul or maintain backflow prevention assemblies unless his qualifications have been established by AWWA and or ABPA and to the satisfaction of the director or the designated city utilities employee who has been certificated by AWWA and or ABPA as a cross-connection control specialist (specialist) as hereinafter required. To determine the qualifications of any person to test, inspect, repair, overhaul or maintain backflow prevention assemblies, the director individually or through the specialist shall have the authority to conduct additional examinations as he may deem necessary. Upon training as the director shall prescribe, that person must receive a certificate of competence from the AWWA and or ABPA verifying he/she is qualified to test, inspect, repair, overhaul or maintain backflow prevention assemblies. Every person, after receiving a certificate of competence shall be issued such appropriate and such identification shall be kept in the immediate possession of every person holding a certificate of competence while said person is testing, inspecting, repairing, overhauling or maintaining any backflow prevention assembly in the city.

b. Every person holding a "certificate of competence" issued under the provisions of this chapter shall be required to renew the certificate every three years. Reexamination may be waived at the discretion of the director and/or specialist.

c. Each person receiving a "certificate of competence" under the provisions of this chapter shall be responsible for the competency and accuracy of all tests, inspections, repairs, overhauls or maintenance performed by him/her on any backflow prevention assembly.

d. Any person issued a "certificate of competence" who violates or fails to comply with any of the provisions of this chapter or willingly falsifies inspection or maintenance reports submitted to the specialist shall not be considered competent to test, inspect, repair, overhaul or maintain assemblies in the City of Firebaugh. Violation will be forwarded to AWWA and ABPA for revocation of certification.

[Ord. #04-02, S1]

All amendments as may be necessary by California Administration Code Title 17, American Water Works Association (AWWA) and the director, or rates, fees and compensation to be charged and collected by the city for services shall be reviewed, revised and established by resolution of the city council.

[Ord. #04-02, S1]

The director through the designated city utilities employee who has been certified by AWWA and or ABPA as a cross-connection control specialist shall have the authority to immediately discontinue service to any premises where cross-connections or other hazard to the water system are found to exist, and shall not again render service to said premises until such conditions are eliminated in accordance with the chapter. Any consumer who willfully violates any of the provisions of this chapter shall, in addition to immediate discontinuance of water service, be deemed guilty of an infraction and upon conviction thereof shall be subject to the fines as specified in this section of the code.

The fine for noncompliance shall be not less than $100 and no more than $1,000 per violation as deemed necessary by the director or designated city utilities employee.

If any violation be continued, each day's violation shall be deemed a separate violation.

The model Water Efficient Landscaping Ordinance, as published by the California Department of Water Resources, pursuant to the California Water Conservation in Landscaping Act (Government Code § 65591 et seq.), is hereby adopted, in full, by reference, and shall be effective in the City of Firebaugh commencing on January 1, 2010. A copy of the model Water Efficient Landscaping Ordinance shall be retained on file in the office of the city manager, the office of the city planner, and office of the Firebaugh City Clerk at all times.