(a) As used in this Section, the terms: “degree of hazard”, “health hazard”, “pollutional hazard”, severe health hazard” and “system hazard” shall be accorded the definitions given them by Section 3745-95-01 of the Ohio Administrative Code.
(b) As used in this section, “Consumer” means the person from whom the water use survey required by subsection (e) of this section is obtained.
(c) All notices issued to a consumer pursuant to requirements of subdivision (h) or (j)(1) of this section shall be delivered by certified U.S. Mail. All notices issued to a consumer pursuant to requirements of subdivision (j)(2) or (k) and all determinations of the City Administrator issued to a consumer pursuant to requirements of subdivision (l) of this section shall be delivered by first class U.S. Mail. All mail shall be addressed to the consumer at the address to which charges levied by this Chapter for potable water supplied to the affected premises are sent. In the event mail is returned by the postal service, a copy of the Notice or Determination shall be hand delivered to the affected premises and presented to the occupant, if present. If no occupant is present, the Notice or Determination shall be posted in a conspicuous place adjacent to the principal building entry. First class mail that is not returned by the postal service shall be deemed delivered on the third day following the dater of mailing.
(d) All water service connections required by an Order of the Director of Environmental Protection or Chapter 3745-95 of the Ohio Administrative Code to be equipped with an approved backflow prevention device shall be fitted with a device conforming to and maintained in accordance with all applicable standards of Ohio Administrative Code Chapter 3745- 95.
On delivery of Notice issued in accordance with subparagraph (h) of this section, the consumer shall install, at his or her sole cost, a backflow prevention device of the type specified in the Notice or complete all plumbing alterations required in lieu thereof.
If the consumer fails to install the device or complete the plumbing alterations as directed, the City shall discontinue water service to the affected premises in accordance with this section.
(e) The Utility Billing Manager shall require each person responsible for the payment of charges levied by this chapter to complete and file a Water Use Survey on forms prescribed by the City Administrator. The approved forms shall require disclosure of sufficient information about water use practices and plumbing arrangements at each location supplied with municipally- refined water enable a determination to be made as to whether a backflow prevention device is required by Chapter 3745-95 of the Ohio Administrative Code. The Water Use Survey shall be obtained before potable water is first supplied to any newly installed service connection and before potable water is first supplied to any existing service connection following a change in the identity of the account holder responsible for payment of the charges levied by this chapter for service to the premises supplied by that connection. Each water use survey obtained in accordance with this subsection shall be promptly forwarded to the Superintended. The Superintendent shall determine whether a facflow protection is required by Chapter 3745-95 of the Ohio Administrative Code in accordance with subsection (g) and issue any Notice required by subsection (h) of this section before the close of business on the next following day.
(f) Assigned employees shall make periodic inspections of premises supplied with municipally-refined water to verify the actual water use practices at each location and confirm the accuracy of information furnished by the consumer in compliance with subsection (e) of this section. Employees assigned to conduct the inspections required by this subsection shall complete all training required by the Director of Environmental Protection and such additional training as may be required by the City Administrator before undertaking such duty. Observations and conclusions shall be reported on forms prescribed by the City Administrator and shall describe all actual or potential cross connections in sufficient detail to permit a determination to be made as to whether any actual or potential cross connection found can be eliminated by plumbing alterations.
(g) The Superintendent shall determine whether a backflow prevention device is required on the supply line to each location supplied with municipally-refined water and, if a backflow prevention device is required, the type of device necessary to achieve compliance with Chapter 3745-95 of the Ohio Administrative Code. The Superintendent shall base the determination with respect to each service connection on the information disclosed by the most recent water use survey pertaining to the premises served and any information obtained by inspection of that property. The determination shall be made in conformity with all applicable standards of Ohio Administrative Code Section 3745-95-04 in effect on the date the determination is made.
(h) In the event installation of a backflow prevention device is required to comply with Ohio Administrative Code Chapter 3745-95 requirements applicable to any newly installed or existing service connection, the Superintendent shall issue Notice conforming to the requirements of this subsection to the consumer on forms prescribed by the City Administrator. The Notice shall:
(1) Describe the type of backflow prevention device to be installed and manner of installation in sufficient detail to permit consumer compliance;
(2) If installation of the backflow prevention device is necessitated by a water use practice requiring use of a backflow prevention device regardless of the existence or nonexistence of an actual or potential cross connection, the Notice shall identify the water use and provide a citation to the Ohio Administrative Code provision relied on a justification for issuance of the Notice;
(3) If the backflow prevention device is required solely by reason of an actual or potential cross connection that cannot, in the opinion of the Superintendent, be cost-effectively eliminated by pluming alterations within the time by which compliance is required, the Notice shall describe the facilities and/or fixtures deemed to constitute a cross connection or potential cross connection and state the reason for the Superintendent’s determination that plumbing alterations will not be accepted in lieu of installation of the required device;
(4) If the backflow prevention device is required solely by reason of an actual or potential cross connection that can, in the opinion of the Superintendent be cost-effectively eliminated by plumbing alterations within the time which compliance is required, the Notice shall describe the facilities and/or fixtures deemed to constitute a cross connection or potential cross connection, inform the consumer that plumbing alterations will be accepted in lieu of installation of the backflow prevention device otherwise required by the Notice and describe the necessary plumbing alterations in sufficient detail to permit consumer compliance;
(5) State the date by which the consumer is required to install the specified backflow prevention device or complete all plumbing alterations to be accepted in lieu thereof.
(6) Inform the consumer of the right to request a review of the requirements recited in the Notice by the City Administrator in accordance with subdivision (l) of this section and the date by which the request for review must be filed to initiate appeal;
(7) Inform the consumer that water service will be discontinued without further notice if the consumer fails to notify the Superintendent that all actions required by the Notice have been completed or initiate appeal of the Notice by the close of business on the compliance date recited in the Notice.
(i) In determining the time within which compliance is to be achieved, the Superintendent shall consider the degree of hazard presented by the conditions requiring a backflow prevention device and fix the date by which compliance is required in accordance with the following requirements:
(1) If the condition constitutes a severe health hazard, immediate compliance shall be required. Water service shall be discontinued immediately upon discovery of conditions constituting the severe health hazard and service shall not be resumed until compliance with all applicable regulations is achieved or the determination that the conditions constitute a severe health hazard is reversed by the City Administrator or a Court of Record in accordance with the procedures established by subdivision (l) of this section. In the event compliance with this paragraph requires interruption of service without prior notice to the consumer, the Notice described by subparagraph (h) of this section shall be promptly issued to the consumer and reasonable efforts shall be made to inform the consumer of the issuance of the Notice by the most expedient means available.
(2) If the condition constitutes a health hazard, the Superintendent shall consider the degree of hazard and technical impediments to compliance and fix a date not less than 5 nor more than 15 calendar days following delivery of the Notice described by subsection (h) of this section.
(3) If the condition constitutes a pollutional hazard or system hazard, the Superintendent shall consider the degree of hazard and all impediments to compliance, which may include consideration of the anticipated cost of compliance and the consumer’s financial circumstances, and fix a date not less than 15 nor more than 45 calendar days following delivery of the Notice described in subsection (h) of this section.
(j) Upon completion of the installation or plumbing alterations described by the Notice issued in accordance with subsection (h) of this section, the consumer shall notify the Superintendent that compliance has been achieved. A municipal employee authorized to make periodic inspections required by subdivision (f) of this section shall inspect the premises at a time convenient to the consumer within 5 business days following the reported compliance to confirm the accuracy of the information furnished by the consumer. Observations and conclusions shall be reported on the form prescribed for use in connection with inspections made pursuant to subdivision (f) of this section. The Superintendent shall review the report of each inspection conducted pursuant to this subsection within three business days following completion of the inspection and take one of the following actions:
(1) If the Superintendent finds that compliance with all regulatory requirements of Chapter 3745-95 of the Ohio Administrative Code has been achieved, a Notice of Compliance shall be issued to the consumer.
(2) If the Superintendent finds that the premises are not in compliance with regulatory requirements of Chapter 3745-95 of the Ohio Administrative Code, the Superintendent shall notify the consumer of the non-compliance and actions required to achieve compliance using the forms and procedures provided by subdivision (h) of this section. In determining the time which compliance is to be achieved, the Superintendent shall consider the degree of hazard presented by the conditions requiring use of a backflow prevention device and time elapsed since delivery of the original Notice and fix the date by which compliance is required. If the condition constitutes a health hazard, the Superintendent shall fix a date not more than 7 calendar days following delivery of the Notice required by this subdivision. If the condition constitutes a pollutional or system hazard, the Superintendent shall fix a date not more than 30 calendar days following delivery of the Notice required by this subdivision.
(k) A consumer owning or occupying premises equipped with a backflow prevention device may request inspection of the premises to determine whether current water use practices at that location require maintenance of the device. Within 5 business days following receipt of the request, a municipal employee authorized to make periodic inspections required by subdivision (f) of this Section shall inspect the premises at a time convenient to the consumer. Observations and conclusions shall be reported on the form prescribed for use in connection with inspections made pursuant to subdivision (f) of this section. The Superintendent shall review each inspection report prepared in compliance with this subdivision and issue one of the following Notices to the consumer within three business days following completion of the inspection:
(1) If the Superintendent funds that no actual or potential cross connection exists in the existing plumbing system and that maintenance of a backflow prevention devices is not otherwise require by the Ohio Administrative Code, a Notice of Compliance shall be issued. The Notice shall expressly authorize, but not require, the consumer to remove the backflow prevenetion device.
(2) If the Superintendent finds that continued maintenance of the backflow prevention device is required solely by reason of an actual or potential cross connection and that the cross connection can be eliminated by modifications to the plumbing system, a Notice conforming to the requirements of subdivision (h)(4) of this section shall be issued. The Notice shall prohibit removal of the backflow prevention device until such time as all necessary plumbing alterations have been made, inspected and approved in the manner provided by subdivision (j) of this section.
(3) If the Superintendent finds that continued maintenance of the backflow prevention device is required by Chapter 3745-95 of the Ohio Administrative Code a Notice of Denial refusing permission to remove the backflow protection device shall be issued. The Notice of Denial shall contain all information required in a Notice issued pursuant to subdivision (h)(2) or (h)(3) of this section.
(l) A consumer who has received a Notice issued by the Superintendent pursuant to subsection (h), (i)(1), (j)(2), (k)(2) or (k)(3) of this section requiring the installation or maintenance of a backflow prevention device, the alteration of plumbing in lieu of installation of a backflow prevention device or the alteration of plumbing as a precondition to removal of an existing backflow prevention device, may appeal the determination to the City Administrator. The request for review shall be filed in writing on or before the date on which compliance is required by the Notice from which the appeal is taken or the 20th day following delivery of that Notice, whichever may be later. The customer shall be afforded an opportunity to present objections to the requirements recited in the Notice in writing, by personal appearance, or both, and shall be entitled to representation by legal counsel. The City Administrator shall consider the information disclosed by the water use survey, all available inspection information reported in accordance with this section and any supplemental information that may be presented by the consumer or Superintendent. Compliance with the Ohio Rules of Evidence shall not be required. The City Administrator may affirm, reverse or modify the requirements set out in the Notice from which the appeal is taken as shall, in the City Administrator’s opinion, be appropriate under the regulatory requirements of Chapter 3745-95 of the Ohio Administrative Code and facts as determined by the City Administrator. The City Administrator shall issue a decision in writing to the consumer and the Superintendent within 10 days following the close of such hearings as may be held or within 10 days following the expiration of any date set for the submission of information in writing, whichever shall be later. The City Administrator’s determination shall be deemed final on the third day following the mailing thereof and shall constitute a final administrative determination for purposes of judicial appeal.
(m) The date fixed for compliance by any Notice issued by the Superintendent pursuant to this section shall be extended pending the conclusion of any review of the determination initiated in accordance with subdivision (l) of this section unless the Notice expressly declares the condition or requiring a backflow prevention device to be a health hazard or serious health hazard. The date fixed for compliance by any determination of the City Administrator shall be extended pending the conclusion of any judicial appeal unless the determination of the City Administrator expressly declares the condition requiring a backflow prevention device to be a health hazard or serious health hazard. Water service denied or discontinued by reason of finding that conditions on the premises served constitute a serious health hazard shall not be instituted or resumed except in compliance with a judicial order requiring the institution or resumption of service. Water service denied or discontinued by reason of a finding that conditions on the premises served constitute a health hazard shall not be instituted or resumed except in compliance with a judicial order requiring the institution or resumption of service or an order of the City Administrative directing that service be instituted or resumed.
(n) Except as provided in subdivision (m), municipally-refined water shall not be supplied to any premises in violation of subsection (d) of this section after the date recited in the most recent Notice issued by the Superintendent pursuant to subsection (h), (i)(1), (j)(2) or (k)(3) of this section or the date recited a determination of the City Administrator issued pursuant to subsection (l) of this section.
(o) No person shall knowingly install or maintain a connection to the municipal water distribution system in violation of subsection (d), (m) or (n) of this section. Violation of this prohibition shall be punishable as a misdemeanor of the second degree. If the offender is a registered plumber, conviction of such offense shall, in addition to all penalties imposed by law, result in the revocation of the offender’s registration.
(Ord. 7148. Passed 5-4-10.)