Morgan Hill Municipal Code Ch. 13.08 Water System Backflow Prevention

A. Title 17, Chapter V, Sections 7583 through 7622, inclusive of the California Administrative Code, entitled "Regulations Relating to Cross-Connections," sets forth rules and regulations governing cross-connections.

B. Title 17, Section 7583 of the California Administrative Code, states among other things, "The water purveyor has primary responsibility to prevent water from unapproved sources, or any other substance, entering the public water supply system." The city is a water purveyor within the meaning of Title 17.

C. In order to provide for an orderly and adequate means of protection of the city's water distribution system from backflow, the requirements set forth in this chapter are reasonable and necessary. The city adopts these requirements for the protection of the city's water distribution system from backflow. New water service connections shall be installed and existing water connections shall be modified to conform to these requirements as set forth in this chapter.

(Ord. 647 N.S. (part), 1983)

The regulations of the California Department of Health, Title 17, California Administrative Code, Sections 7583 through 7622, inclusive, referred to in this chapter as Title 17, are adopted, incorporated by reference and made a part of this chapter, insofar as the same are applicable to the protection to city's water distribution system.

(Ord. 647 N.S. (part), 1983)

Words used in this chapter, unless the context requires otherwise, are defined as follows:

A. "Auxiliary water supply" means any water supply on, or available to, the premises other than water supplied by the city.

B. "Backflow" means the reverse flow of water or any other fluid or substance or any combination or any mixture thereof from the customer's system into the city's water distribution system.

C. "Backflow prevention device" means a device which will prevent backflow into the city's distribution system.

D. "Certified tester" means a person who is certified as a backflow prevention device tester by the city.

E. "City" means the city of Morgan Hill, California.

F. "City engineer" means the city engineer for the city or his designate.

G. "City's water distribution system" means the water distribution system owned and operated by the city including the service connection to a water main.

H. "Cross-connection" means any connections, link or channel between the city's water distribution system and an auxiliary water supply, a pipe or piping system, plumbing fixture, appliance, container, receptacle, vessel or other devices of whatsoever nature, whether it may be possible for contaminated or used water or other fluid which in the city's opinion is of questionable or unsafe quality, or any other substance of whatsoever nature other than the water supplied by the city to enter any part of the city's water distribution system.

I. "Customer" means any person or organization who receives water from the city.

J. "Customer's system" means the water piping system located immediately downstream from a meter.

K. "Premises" means a piece of land together with such buildings and appurtenances located thereon.

L. "Service connection" means the water piping system and meter connecting the customer's system with the city's water main.

(Ord. 647 N.S. (part), 1983)

A. Backflow prevention devices shall be required at the service connection, or at a location approved by the city engineer, for premises in the following described categories:

1. Premises having an auxiliary water supply;

2. Industrial/commercial premises on which any substance is handled under pressure in such a fashion as to permit possible entry into the city's distribution system, including water originating from the city's system which is boosted in pressure;

3. Industrial/commercial premises where customer's system has more than one service connection;

4. Industrial/commercial premises which, in the opinion of the city engineer, contain cross-connections or the potential for cross-connections which could result in the pollution or contamination of the city's water system in the event of backflow;

5. Premises which have Class 1 or Class 2 fire sprinkler systems as defined by the American Water Works Association Manual, M-14, Section 6.3, where in the opinion of the water and fire department said system is inadequate to protect against backflow due to special conditions found to exist. Special conditions are defined as those conditions which exist so as to cause an actual or potential for contamination to the city's domestic water supply from the user's connection. Special conditions include but are not limited to the following:

a. Underground fire sprinkler pipelines parallel to and within ten feet horizontally of sewer pipelines or other pipelines carrying significantly toxic materials;

b. Water being supplied to a site or an area from two or more services of a water utility, or from two different water utilities;

c. Occupancies (or changes in occupancies) which involve the use, storage or handling of types and quantities of materials in a manner which could present a significant health hazard to the domestic water supply; and

d. Premises with unusually complex piping systems where no approved backflow prevention device exists on their domestic service piping.

B. Backflow prevention devices shall be of a type and manufacture approved by the city.

(Ord. 792 N.S. §§ 1, 2, 1987; Ord. 647 N.S. (part), 1983)

A. At the time an application for a new water service is made by a potential customer, the city engineer will review such application to determine the need for a backflow prevention device on the customer's service. If a backflow prevention device is determined to be required it shall be the customer's responsibility at the customer's expense to provide for installation of the device in accordance with city standards and at a location approved by the city by one of the following methods:

1. Installation by City. A backflow prevention device may be installed by city personnel at the customer's expense. The customer shall deposit in advance the city's estimated cost of the device and installation. The final billing to the customer shall be the actual cost of the work.

2. Installation by Customer. A backflow prevention device may be installed by the customer provided the type and manufacturer of the device are approved by the city. Devices installed by the customer shall be tested at the customer's expense by the city by a certified tester.

B. Installation of a backflow prevention device, where required by the city shall be a condition of water service and meter installation.

(Ord. 647 N.S. (part), 1983)

A. The city will inspect the premises of existing service connections which in the opinion of the city engineer may require backflow prevention. If it is determined that a backflow prevention device is required, the installation of a backflow prevention device shall be a condition of continued water service.

B. Installation shall be accompanied by one of the two methods listed in Section 13.08.050 of this chapter. If a customer fails to provide for the installation of the backflow prevention device within a reasonable time limit set forth in a written notification from the city, the city may suspend water service to the property being served. Alternatively, at its option, and upon notification of the customer, the city may install the backflow prevention device and charge the customer the entire cost of the device and its installation.

(Ord. 647 N.S. (part), 1983)

A. An existing backflow prevention device which, in the opinion of the city engineer, is a type that does not provide adequate protection for the degree of potential hazard from backflow shall be upgraded at customer expense following the procedures in Section 13.08.060 of this chapter.

B. Upgrading may include complete replacement of the backflow prevention device, installation of additional devices, or correction of on-site cross-connection hazards.

(Ord. 647 N.S. (part), 1983)

Backflow prevention devices installed or upgraded either by the customer or by the city if paid for by the customer shall be and remain the property of the customer.

(Ord. 647 N.S. (part), 1983)

The customer is responsible to provide for an annual testing and inspection of the backflow prevention device by one of the following methods:

A. Testing by Certified Testers. Customers who advise the city in writing may use a certified tester to inspect and test a backflow prevention device. The test shall be performed and results reported to the city within thirty days of written notice by the city.

B. Testing by City Personnel.

1. City personnel shall inspect and test the backflow prevention devices of customers who do not use private certified testers. Charges for inspection and testing by the city shall be set from time to time by the city council based on the size and type of the device. The customer will be notified by the city of the test results.

2. Devices which fail to pass inspection and testing by the city or private certified testers shall be maintained and repaired in accordance with Sections 13.08.100, 13.08.110 and 13.08.120 of this chapter. The city reserves the right to require more frequent testing or to perform additional testing with city personnel when the city determines it to be in the public interest. The customer shall bear the cost of additional tests if their device fails a test.

(Ord. 647 N.S. (part), 1983)

The customer shall be responsible for maintenance and repair of the backflow prevention device. The customer shall at all times maintain the device in proper working order as a condition of continued water service. If a backflow prevention device should fail to pass inspection and testing pursuant to Section 13.08.090 of this chapter, the customer shall, within thirty days after notification of test results, provide for repair of the device by one of the following methods set out in Sections 13.08.110 and 13.08.120 of this chapter.

(Ord. 647 N.S. (part), 1983)

Backflow prevention devices may be repaired by private personnel. Repairs and satisfactory retest of devices by a certified tester shall be documented and submitted on a form provided by the city. Failure by the customer to repair a backflow prevention device within the time period allowed by the city shall result in termination of water service or city personnel performing the repairs at the customer's expense in conformance with Section 13.08.120 of this chapter.

(Ord. 647 N.S. (part), 1983)

Backflow prevention devices may be repaired by city personnel at customer expense. The customer shall be billed for the actual cost of the city's work. At its option, the city may require an advance deposit by the customer to cover the estimated cost of repair. Payment by the customer for all district repair costs shall be a condition of continued water service.

(Ord. 647 N.S. (part), 1983)

As a condition of water service for new customers and as a condition of continued water service for existing customers, the customer may be required to have a backflow prevention device installed on the private property of the customer. The customer shall permit the city to enter upon the customer's property within the normal working hours of the city, or in case of emergency, at any time, to test, inspect, service, maintain, repair or replace the backflow prevention device as set forth in other sections of this chapter.

(Ord. 647 N.S. (part), 1983)

In addition to the rights granted the city in this chapter, the city may terminate water services to any premises served if a required backflow prevention device is removed by the customer or if the city finds evidence that an installed backflow prevention device has been bypassed, made or allowed to remain ineffective.

(Ord. 647 N.S. (part), 1983)

It is unlawful for any person or persons, company, corporation or association to willfully fail to install or to willfully bypass, alter, or refuse to maintain a backflow prevention device.

(Ord. No. 2276 N.S., § 49, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 49, adopted May 2, 2018, amended § 13.08.150 in its entirety to read as herein set out. Former § 13.08.150 pertained to violation—penalty and derived from Ord. 647 N.S. (part), adopted in 1983.