Jurupa Valley Municipal Code Ch. 15.10 Backflow Prevention Assemblies

No person shall inspect, maintain or test water backflow prevention assemblies as defined and required by Section 7583 et seq. of Title 17 of the California Code of Regulations, in the city unless issued a certificate of competency by the City Manager or designee.

The Board of Examiners shall consist of five (5) members appointed by the City Council. The membership shall include two (2) representatives chosen by the City Manager, two (2) representatives from the domestic water industry, and one (1) representative from the backflow plumbing industry. The member's appointment is for a three-year term not to exceed a collective period of ten (10) years. A chairperson of the Board shall be elected annually by the members of the Board. The Board shall meet at least once in each calendar quarter, unless other meetings are called by the chairperson. Three (3) members of the Board are considered a quorum.

Any person desiring initial certification to qualify to inspect, maintain and test water backflow prevention assemblies shall apply to the City Manager or designee on the form provided by the City Manager or designee and pay the current non-refundable fee. The applicant shall demonstrate testing knowledge and competency to the Board of Examiners by the successful completion of the City Manager or designee approved written examination and physical proficiency test, or by showing proof of current AWWA Backflow Prevention Assembly General Tester certification. Upon successful completion of the examination and physical test or the showing of proof of said AWWA certification, the City Manager or designee shall issue a certificate of competency to the successful applicant. All certificates shall be issued for a period not to exceed three (3) years.

Renewal of a certificate shall be issued for a period not to exceed three (3) years. A certificate may be renewed by the City Manager or designee upon application and payment of a nonrefundable recertification fee; providing the City Manager or designee decides the recertifying person remains qualified to inspect, maintain and test water backflow prevention devices. Applicants requesting recertification based on an AWWA testing credential will be issued a certificate having a city expiration date that coincides with the AWWA expiration.

A written test report shall be provided to the owner of a backflow prevention assembly certifying the proper operation of the unit whenever a certified tester installs, tests or repairs a water backflow prevention assembly. A copy of the written report shall be kept by the tester of the assembly for a period of not less than three (3) years from the date of report. The written test report will be made available to the City Manager or designee by the certified tester at any reasonable time during the working day.

A. The City Manager or designee may, in his or her discretion, deny any application for a certificate whether such application is for an original certificate or renewal thereof, and may suspend or revoke any certificate if he or she finds that the applicant or holder has violated any provision of this chapter.

B. Any certificated person who falsifies inspection, maintenance or test reports, made pursuant to Title 17 of the California Administrative Code, may have his or her certificate of competency revoked by the City Manager or designee and, if revoked, shall not be considered for recertification for a period of three (3) years.

C. Any person whose application has been denied or whose certificate has been suspended or revoked, may appeal such denial, suspension or revocation by filing with the Board of Examiners within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why the appellant alleges such denial, suspension or revocation is improper. Within five (5) days of the receipt by the City Manager or designee of such notice of appeal, the City Manager or designee shall set a hearing date for the appeal and shall give written notice of the date, time and place of such hearing to the appellant, and such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested. The date of hearing shall not be less than twenty (20) days from the date of mailing of the notice of the date, time and place of the hearing, and the hearing shall be conducted not later than forty-five (45) days from the date of mailing of the notice of denial, suspension of revocation; provided, however, that at the request of the appellant, the City Manager or designee may extend the hearing date for a reasonable period beyond the aforementioned forty-five (45) day limit.

D. The appeal shall be heard by the Board of Examiners which may affirm, modify or reverse the denial, suspension or revocation. In conducting the hearing, the Board of Examiners shall not be limited by the technical rules relating to evidence and witnesses, as applicable in courts of law. To be admissible, evidence shall be of the type upon which reasonable persons are accustomed to rely in the conduct of serious affairs. During the pendency of the appeal, there shall be in effect an automatic stay of the denial, suspension or revocation; provided, however, that during the period of pendency the City Manager or designee may take such action as he or she deems appropriate under This chapter or any other provision of law respecting the subject application or certificate or the prosecution of any violation of this chapter or any other provision of law. The decision of the Board of Examiners shall be final.

Any person in violation of this chapter is subject to the procedures and penalties set forth in Title 1.