San Francisco County Municipal Code Art. 12A Backflow Prevention

Sec. 12A.1. Purpose and Findings. Sec. 12A.2. Definitions. Sec. 12A.3. Scope of Article. Sec. 12A.4. Compliance with Cross-connection Controls. Sec. 12A.5. Backflow Prevention Requirements. Sec. 12A.6. Cross-connection Testing Requirements for Dual-plumbed Systems. Sec. 12A.7. Authorized Backflow Prevention Assembly Tester and Cross-connection Control Specialist Requirements. Sec. 12A.8. Companies Employing Authorized Backflow Prevention Assembly Testers or Authorized Cross-connection Control Specialists. Sec. 12A.9. Inspection and Notices. Sec. 12A.10. Violations, Enforcement Activities, and Penalties. Sec. 12A.11. Promotion of the General Welfare.

The Board of Supervisors finds that: (a) The City's potable Public Water System must be protected from contamination by the implementation of a cross-connection control program. (b) The State of California requires the City, as the public water supplier, to implement the cross-connection control program, and allows implementation of the program by the public water supplier or by means of contract between the public water supplier and the local health agency.

(c) Under the Charter, the authority and responsibility for managing and operating the City's Public Water System is vested in the San Francisco Public Utilities Commission. The City's local health agency, the Department of Public Health, should cooperate with the San Francisco Public Utilities Commission in implementing the City's cross-connection control program. (d) The dangers to public health and safety posed by the potential contamination of the City's potable water system warrant the imposition of local regulations and standards in excess of those required under State law. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

The following terms used in this Article 12A have the meanings set forth below: "Approved Air Gap Separation" shall mean a physical break between the water supply line and a receiving vessel, that has been approved by the General Manager and is in proper working order. "Approved Backflow Prevention Assembly" shall mean a device used to prevent the Backflow of substances into the Public Water System that has been approved for such use by a recognized testing organization acceptable to the General Manager and is in proper working order. "Authorized Backflow Prevention Assembly Tester" shall mean any person who possesses a valid certification to test, repair, and maintain Backflow prevention assemblies and is authorized by the General Manager to do such work in the City in accordance with Section 12A.7 of this Article 12A. "Authorized Cross-connection Control Specialist" shall mean any person who possesses a valid certification to administer a cross- connection control test and to conduct site surveys to assess cross-connection control requirements and is authorized by the General Manager to do such work in the City in accordance with Section 12A.7 of this Article 12A. "Auxiliary Water" shall mean any water other than that received from the Public Water System, including, but not limited to, recycled water, wastewater, graywater, groundwater, and rainwater. "Backflow" shall mean the flow of water, from any source or sources, into the Public Water System that is of unknown or questionable safety for human consumption, or of other liquids, gases, mixtures, or other substances that flow into the Public Water System. "Backflow Preventer" shall mean an Approved Backflow Prevention Assembly or Approved Air Gap Separation. "Backflow Tag" shall mean an identification document provided by the General Manager to Authorized Backflow Prevention Assembly Testers to be affixed to an Approved Backflow Prevention Assembly after it has passed testing. "Containment" shall mean protection from Backflow at the service connection. "Cross-connection" shall mean any unprotected actual or potential connection between any part of a potable water system used or potentially used to supply water for drinking purposes and any source or system containing water or any other substance that is not or cannot be approved as safe, wholesome, and potable. "Cross-connection Control Survey" shall mean an inspection of all parts of a Property with a Water Service Connection to identify potential Cross-connections. "Cross-connection Test" shall mean a test administered by an Authorized Cross-connection Control Specialist to verify that there is no physical uncontrolled connection between the potable water piping and any Auxiliary Water piping system. "Dual-plumbed" shall mean a system that utilizes separate piping systems for Auxiliary Water and potable water within a Property. "First Certificate of Occupancy" shall mean either a temporary certificate of occupancy or a certificate of final completion and occupancy, as defined in San Francisco Building Code Section 109A, whichever is issued first. "General Manager" shall mean the General Manager of the San Francisco Public Utilities Commission, or his or her designee. "On-site Hazard" shall mean any actual or potential contamination or pollution risk to the public water supply created as a result of conditions existing on a Property. "Point of Connection" shall mean the water meter, or, for dedicated fire services, the function of the water supply lateral and the Property's fire protection system. "Property" shall mean any parcel, premises, building, or other structure that receives potable water from the Public Water System. "Property Owner" shall mean the legal owner of a Property with a Water Service Connection to the Public Water System. "Public Water System" shall mean the potable water system operated and maintained by the San Francisco Public Utilities Commission. "Water Service Connection" shall mean a connection to the Public Water System. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

As a condition of receiving water service from the Public Water System, Property Owners shall install an approved Backflow Preventer on their Property prior to receiving potable water on any Property where any of the following exist: (a) A waste-water pumping and/or treatment plant. (b) The handling of a hazardous substance in any manner in which the substance could enter the Public Water System. (c) An Auxiliary Water supply. (d) Dual-plumbed property. (e) Intricate plumbing and piping arrangements. (f) A repeated history of Cross-connections. (g) A dockside watering point or marine facility. (h) Dedicated irrigation service. (i) A fire protection system. (j) A building where the highest point is 40 feet or more in height above the point of connection. (k) Inadequate Backflow prevention for any on-site process that the General Manager identifies as requiring additional protection from Backflow. (l) Restricted entry to the Property or parts of the Property that inhibit performance of a Cross-connection inspection. (m) Multiple service connections where at least one such connection requires Backflow protection for Containment. (n) A water storage facility not under control of the Public Water System. (o) Any other hazard that the General Manager identifies as requiring abatement to protect the Public Water System from contamination. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

(a) Property Owners shall maintain and operate connections with the Public Water System in compliance with this Article 12A, regulations adopted by the General Manager, and all applicable local, state, and federal laws. (b) Property Owners with connections to the Public Water System shall not install, maintain, or allow Cross-connections that are not protected from actual or potential Backflow. (c) No City department shall approve or issue a First Certificate of Occupancy for any Property subject to this Article 12A unless and until the approved Backflow Preventer has been tested and certified in accordance with this Article and regulations adopted by the General Manager. (d) No City department shall approve or issue a First Certificate of Occupancy for any Dual-plumbed property unless and until the system has passed a Cross-connection Test and been certified in accordance with this Article 12A and regulations adopted by the General Manager. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

(a) Backflow Preventers for Containment shall be installed as close as practical to but in any case within 25 feet of the downstream side of the water meter or Point of Connection to the Public Water System. (b) Backflow Preventers shall be installed that are commensurate with the risk that exists at each Property, in accordance with criteria

set forth in regulations adopted by the General Manager. (c) All Approved Backflow Prevention Assemblies, prior to installation, shall have passed laboratory and field evaluation tests performed by a recognized testing organization acceptable to the General Manager that has demonstrated competency to perform such tests. Approved Backflow Prevention Assemblies that have been modified or installed in a manner that differs from the configuration tested and approved are prohibited. (d) Approved Backflow Prevention Assemblies, as installed, shall be field tested in accordance with this Article 12A to determine that they are functioning properly before being placed into service. (e) No person shall use water from or connect any apparatus to a City fire hydrant without first obtaining a permit and a water meter from the San Francisco Public Utilities Commission. All portable water meters intended for use with hydrants shall include backflow prevention in accordance with the regulations adopted by the General Manager. (f) The Property Ovmer shall be responsible for field testing all Approved Backflow Prevention Assemblies upon installation, relocation, or repair, and annually after each such action, or more frequently if determined necessary by the General Manager to eliminate an On-site Hazard. (g) Backflow prevention assembly tests and inspections required under this Article 12A shall be performed by an Authorized Backflow Prevention Assembly Tester at the sole expense of the Property Owner. (1) When an Approved Backflow Prevention Assembly is inspected and has passed the testing procedure, the Authorized Backflow Prevention Assembly Tester shall: (A) Immediately affix a Backflow Tag to the assembly. (B) Submit certification documentation to the General Manager and the Property Owner within five business days of the completion of each inspection and test. (2) Approved Backflow Prevention Assemblies that fail to pass inspection and testing shall be repaired, overhauled, or replaced, and immediately retested at the sole expense of the Property Owner. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

SYSTEMS. (a) The Property Owner shall be responsible for testing all Dual-plumbed systems for Cross-connections upon installation and periodically thereafter as required in accordance with regulations adopted by the General Manager. (b) Cross-connection Tests and inspections shall be performed by an Authorized Cross-connection Control Specialist at the sole expense of the Property Owner. (c) The Authorized Cross-connection Control Specialist shall submit a written report documenting the results of the inspection and testing to the General Manager and the Property Owner within five business days of each inspection or test. (d) If a Cross-connection is identified during inspection and testing, the Property Owner or Authorized Cross-connection Control Specialist shall: (1) Immediately notify the General Manager of the existence of the Cross-connection. (2) Immediately shut off the Auxiliary Water supply at the source. (3) Follow the procedure for eliminating the Cross-connection, retesting, and reestablishing water service in accordance with regulations adopted by the General Manager. (e) If a Cross-connection is discovered, the General Manager may shut off the potable water supply to the Property at the water meter or other connection to the Public Water System. (f) Recordkeeping. Property Owners shall maintain Cross-connection testing and inspection records for a period of three years, in accordance with regulations adopted by the General Manager. The records shall be made available to the General Manager at the request of the General Manager. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

CROSS-CONNECTION CONTROL SPECIALIST REQUIREMENTS. (a) Only Authorized Backflow Prevention Assembly Testers may test Backflow prevention assemblies in the City. (b) Only Authorized Cross-connection Control Specialists may conduct Cross-connection Tests in the City.

(c) All Authorized Backflow Prevention Assembly Testers and Authorized Cross-connection Control Specialists must obtain a permit to operate, issued in accordance with regulations adopted by the General Manager. To receive and maintain a permit to operate, Authorized Backflow Prevention Assembly Testers and Authorized Cross-connection Control Specialists must: (1) Hold a valid certification as a Backflow prevention assembly tester and/or Cross-connection Control Specialist from an organization approved by the General Manager. (2) Maintain or be covered by general liability insurance in full force and effect, in accordance with regulations adopted by the General Manager. (d) A person may simultaneously hold separate permits to operate as an Authorized Backflow Prevention Assembly Tester and as an Authorized Cross-connection Control Specialist. (e) Following a hearing that comports with due process, the General Manager at any time may suspend or revoke a permit to operate for violation of any provision of this Article 12A or any regulation adopted to implement this Article. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

ASSEMBLY TESTERS OR AUTHORIZED CROSS-CONNECTION CONTROL SPECIALISTS. (a) In order to operate in the City, companies or other entities that employ Authorized Backflow Prevention Assembly Testers or Authorized Cross-connection Control Specialists shall: (1) Register with the General Manager by providing documentation required under regulations adopted by the General Manager. (2) Maintain general liability insurance in full force and effect, at the expense of the company or other entity, for all activities performed by their Authorized Backflow Prevention Assembly Testers or Authorized Cross-connection Control Specialists, consistent with regulations adopted by the General Manager. (3) Provide the General Manager with the names of the Authorized Backflow Prevention Assembly Testers and Authorized Cross- connection Control Specialists working for them and notify the General Manager when such employees leave the company or other entity. (4) Maintain continuous records of all activities performed in relation to Backflow prevention in the City for three years, in accordance with regulations adopted by the General Manager. The records shall be made available to the General Manager at the request of the General Manager. (b) Following a hearing that comports with due process, the General Manager may suspend or revoke a company or other entity's authorization to conduct testing of Backflow prevention assemblies or any Cross-connection control activities at any time for violation of any provision of this Article 12A or any regulation implementing this Article. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

(a) As a condition of receiving water service, the Property Owner shall permit the General Manager to inspect any Property subject to the requirements of this Article 12A to determine compliance with the provisions of this Article and applicable laws and regulations. (b) Upon written notification by the General Manager, a Property Owner shall eliminate any unprotected Cross-connections within seven days of receipt of the notification, unless the General Manager authorizes an alternate deadline for remediation. (c) If a Property Owner refuses or fails to eliminate a Cross-connection within the required time, the General Manager may proceed with enforcement activities in accordance with this Article 12A and regulations adopted by the General Manager. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

(a) Any Property Owner who violates any provision of this Article 12A or any regulation implementing this Article shall be subject to enforcement, including, but not limited to:

(1) Installation of a flow restrictor, with applicable fees as specified under regulations adopted by the San Francisco Public Utilities Commission. (2) Disconnection of the noncompliant water service(s) until the Cross-connection has been eliminated and appropriate fees have been paid, including but not limited to service shut-off and service turn-on fees as specified under regulations adopted by the San Francisco Public Utilities Commission. (3) Any other enforcement action deemed necessary by the General Manager and the City Attorney to protect the Public Water System, including but not limited to seeking judicial remedies. (b) If a Property Owner refuses or fails to eliminate a Cross-connection, and disconnecting water service would cause significant disruption to building occupants and/or emergency response agencies, the General Manager may test, repair and/or replace a Backflow Prevention Assembly, or take other required action to eliminate the Cross-connection. The Property Owner shall be required to pay for all costs of such action. (c) Whenever the General Manager determines that an existing or potential unprotected Cross-connection poses an imminent risk of hazard to the Public Water System and requires immediate abatement, the General Manager may immediately shut off water service to the Property at the meter until the Cross-connection has been eliminated and necessary payments have been made for turn-on services as specified under regulations adopted by the General Manager. (d) Any Property Owner who violates any provision of this Article 12A or any regulation implementing this Article shall be subject to the imposition, enforcement, collection, and review of administrative fines, and any other available legal remedies in accordance with Chapter 100 of the Administrative Code, which is incorporated herein in its entirety and which shall govern the imposition, enforcement, collection, and review of administrative fines issued to enforce this Article 12A and any rule or regulation adopted pursuant to this Article 12A, provided that: (1) Each day a violation is committed or permitted to continue shall constitute a separate violation; (2) The amount of the fine for violation of this Article 12A shall be up to $1,000 per violation per day; (3) The General Manager is the charging official authorized under this Article 12A; (4) The General Manager shall appoint the hearing officer to conduct hearings for appeals, and said hearing officer shall determine the time and place of such hearings, and provide appropriate notice of such hearings; (5) The fine for any violation issued pursuant to this Section 12A.10 shall be paid to the Treasurer of the City and County of San Francisco and credited to the appropriate San Francisco Public Utilities Commission Water Enterprise fund; (6) The General Manager may recover any costs and fees, including but not limited to attorneys' fees, for enforcement initiated through this Section 12A.10 and authorized under this Article 12A. (7) The Board of Supervisors finds that Cross-connections between real properties and the Public Water System create a direct public health risk to the Public Water System, and thus a violation of this Article 12A will have a nexus between the violation and real property located in the City. In accordance with the requirements of Chapter 100 of the Administrative Code, the General Manager may provide notice of enforcement action to the owner of the real property and that unpaid Public Utilities Commission fines for the citations may become a lien on the Property, and the General Manager may collect such fines. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

In enacting and implementing this Article 12A, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 750. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 751. [REPEALED.]

(Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 752. [REPEALED.] (Added by Ord. 356- 84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 753. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 754. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 755. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 756. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 757. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 758. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 759. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016) SEC. 760. [REPEALED.] (Added by Ord. 356-84, App. 8/24/84; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)

SEC. 761. [REPEALED.] (Added by Ord. 85-86, App. 3/21/86; repealed by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)