§ 51.03 APPLICATION AND RESPONSIBILITIES.
   (A)   The ordinance codified in this chapter applies throughout the city and to every premise and property served by the city water system. It applies to all premises, regardless of the date of connection to the city water system. Every owner, occupant or person in control of any concerned premise is responsible for the terms and provisions contained in this ordinance codified in this chapter. No water service connection to any premise shall be installed or maintained by the city unless the public water supply is protected as required by state laws and regulations and this ordinance.
   (B)   The city's responsibility for cross connection control shall begin at the water supply source, including all city treatment, storage, and distribution facilities under the city's control, and end at the point of delivery to the water user's premise.
   (C)   The city shall require approved air gaps, the use of only approved devices, and inspections and tests of approved backflow prevention assemblies protecting the city water system inspections to be conducted: at the time of any service installation, repair, or relocation; again at least annually; or more frequently than annually for approved backflow prevention assemblies that repeatedly fail, or are protecting health hazard cross connections, as determined by the city; after a backflow incident; or after an approved air gap is re-plumbed. The result of the test of a backflow prevention device assembly required under this chapter shall be forwarded to the city within 10 days of the date of the test. If the city has not received the result of a test required under this chapter within 30 days of the required date of the test, the city may order a test and add the cost of the test to the property owner's water bill.
   (D)   The Water Department shall supply a list of approved devices and have available contractors or staff to install the device for a fee that shall be published prior to service.
   (E)   A water user or premise owner who obtains water from the city must notify the city if they add any chemical or substance to their water.
   (F)   Those water users or premise owners with premises identified in Exhibit 1 (Premises Requiring Isolation), must have an approved backflow prevention assembly or an approved air gap installed.
   (G)   The city shall require the installation of an approved backflow prevention assembly or an approved air gap commensurate with the degree of hazard on the premise, as defined in Exhibit 2 (Backflow Prevention Methods). Also, the city requires the installation of an approved backflow prevention assembly or an approved air gap commensurate with the degree of hazard on the premises where there is intricate plumbing that makes it impractical to ascertain whether a cross connection exists.
   (H)   In lieu of premise isolation, the city may accept an in-premise approved backflow prevention assembly as protection for the city water system when the approved backflow prevention assembly is installed, maintained and tested in accordance with the Oregon Plumbing Specialty Code and the Oregon Administrative Rules.
   (I)   It is the responsibility of the water user or premise owner to repair, replace or re-plumb approved air gaps, approved devices, or approved backflow prevention assemblies found not to be functioning properly.
   (J)   Where premise isolation is used to protect against a cross connection, the following requirements apply:
      (1)   The city shall: ensure the approved backflow prevention assembly is installed at a location adjacent to the service connection or point of delivery; ensure any alternate location used must be with the approval of the city and must meet the city's cross connection control requirements; and notify the premise owner and water user, in writing, of thermal expansion concerns;
      (2)   The premise owner shall: ensure no cross connections exist between the point of delivery from the city water system and the approved backflow prevention assemblies, when these are installed in an alternate location; and assume responsibility for testing, maintenance, and repair of the installed approved backflow prevention assembly to protect against the hazard;
      (3)   Where unique conditions exist, but not limited to, extreme terrain or pipe elevation changes, or structures greater than 3 stories in height, even with no actual or potential health hazard, an approved backflow prevention assembly may be required at the point of delivery; and
      (4)   Where the city chooses to use premise isolation by the installation of an approved backflow prevention assembly on a one- or two-family dwelling under the jurisdiction of the Oregon Plumbing Specialty Code and there is no actual or potential cross connection, the city shall:
         (a)   Install the approved backflow prevention assembly at the point of delivery;
         (b)   Notify the premise owner and water user in writing of thermal expansion concerns; and
         (c)   Take responsibility for testing, maintenance and repair of the installed approved backflow prevention assembly.
   (K)   If an actual or potential cross connection exists within any premise, the property owner will be required by letter from the Water Department to install and test an approved backflow prevention assembly as required by OAR 333-61-0070 (1)(a)(H) (Cross Connection Control Requirements) at the service connection to the premises within 90 days at owners expense.
   (L)   Installation, repair, disconnection or other modification of a backflow prevention device assembly or air gap separation shall be at the sole expense of the property owner or the owner of the mobile apparatus on which the assembly or separation is located. If modification of the city's water system is required to allow compliance with the requirements of this section, the costs of such modifications may be added to the property owner's bill or may be billed directly to the property owner.
   (M)   On new construction, the Water Department will inspect the site to determine if a potential cross connection exists and if so a double check valve assembly (DCVA) has been properly installed and tested.
   (N)   On existing homes the Water Department will perform on-site inspections and notify the owner by letter if any corrective action is necessary.
   (O)   The owner/user shall be responsible for the cost and elimination or isolation of all cross connections on their property.
   (P)   All threats will be classified by degree of hazard. Where a threat is identified, the city will require the installation of approved backflow prevention device at least commensurate with the degree of hazard that exists.
(Ord. 2007-11-04, passed 11-13-2007)