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(A) Responsibility of the city.
(1) The city’s designated ORC will be primarily responsible for preventing any contamination or pollution of the public water system. This responsibility begins at the point of origin of the public water system supply and includes all of the public water distribution system, and ends at the service connection, under the Safe Drinking Water Act. The Backflow/Cross-Connection ORC shall exercise vigilance to ensure that the water customer has taken the proper steps to protect the public potable water system.
(2) When it has been determined by an inspection of the water service customer’s private water system that a backflow protection system is required for the protection of the public water system, the Backflow/Cross-Connection ORC shall notify the owner, in writing, of any such building or premises, to correct within a time set by this division, any plumbing installed or existing that is in violation of this division.
(3) The Backflow/Cross-Connection ORC Administrator will select an approved backflow prevention assembly type to be installed at the service connection. The owner shall be notified that the installation of a backflow prevention assembly may create a closed system, and as a result thermal expansion may occur. In these circumstances the owner must understand and assume all liability and responsibilities for that phenomenon.
(B) Responsibility of the water service customer.
(1) The water service customer has the responsibility of preventing contaminants and pollutants from entering the water service customer’s private water system or the public water system operated by the City. The water service customer, at his or her own expense, shall install, operate, test, repair and maintain all backflow prevention assemblies specified within this division.
(2) If a water service customer is a tenant and does not maintain the private water system, and has no authority to bring the system into compliance with the provisions of this division, the city may assert any available action against the tenant water service customer to assure the private water system is brought into compliance with this division.
(Ord. passed 6-19-18; Am. Ord. passed 11-19-24)
(A) Any authorized representative from the city shall have the right to enter any building, structure or premises during normal business hours to perform any duty imposed upon him/her by this division and in accordance with the North Carolina Administrative Code. Those duties may include sampling and testing of water, or inspection and observation of all piping systems connected to the public water supply. Refusal to allow these representatives to enter for these purposes shall result in disconnection of water service.
(B) On request, the water service customer shall furnish to the water purveyor any pertinent information regarding the water supply system on such property where cross-connection and backflow are deemed possible.
(Ord. passed 6-19-18; Am. Ord. passed 1-21-20; Am. Ord. passed 11-19-24)
(A) No water service connection to any private water system shall be installed or maintained by the city unless the water supply is protected as required by this division and in accordance with the North Carolina Administrative Code. Service of water to any premises shall be discontinued by the city if a backflow prevention assembly required by this division, is not installed, tested and maintained, or if a backflow prevention assembly has been removed, bypassed or if an unprotected cross-connection exists on the premises. Service will be restored after all such conditions or defects are corrected.
(B) No water service customer shall allow an unprotected cross-connection to be made or to remain that involves the water service customer’s private water system.
(C) No connection shall be made to an unapproved auxiliary water supply unless the public water supply is protected against backflow by an approved backflow prevention assembly, appropriate to the degree of hazard.
(D) No interconnection to any other water purveyor’s water system shall be made unless it is protected against backflow by an approved backflow prevention assembly.
(E) No water service customer shall fail to maintain in good operating condition any backflow prevention assembly, which is part of the water service customer’s private water system and is required by this division.
(F) No water service customer shall fail to submit to the city any records, which are required by this division.
(Ord. passed 6-19-18; Am. Ord. passed 1-21-20; Am. Ord. passed 11-19-24)
(A) Installation and testing requirements.
(1) The purpose of this section is to require that when a hazardous cross-connection to the city public water system has been identified, all water flowing from the public water system into that private water system, must flow through an approved backflow prevention assembly. Furthermore, each backflow prevention assembly must be properly located, installed, tested, and maintained per the city requirements so that the backflow prevention assembly is effective in protecting the public water system from any possible contamination or pollution.
(2) The installation or replacement of a backflow prevention assembly for domestic water, irrigation, commercial and industrial use shall only be performed by a licensed plumber, utility contractor or homeowner. The installation or replacement of a backflow prevention assembly on a dedicated fire sprinkler service shall only be performed by a licensed fire sprinkler contractor. All backflow prevention assemblies shall be tested and repaired by a certified backflow prevention assembly tester authorized by the city.
(3) For premises existing prior to the start of this program, the Backflow/Cross-Connection ORC and Building Official will perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary.
(4) All new and change of use construction plans and specifications which will receive service from the city public water system shall be made available to the Backflow/Cross-Connection ORC for review, approval, and to determine the degree of hazard, and any required backflow prevention assembly to be installed.
(5) All facilities zoned commercial or industrial that have existing water services with the city and requesting certificate of occupancy from the City or County Planning and Zoning offices, whether for new construction or change of use, shall be inspected for compliance of backflow prevention and cross-connection control. Any facility not having backflow protection or changing the degree of hazard shall be brought into compliance before the Backflow/Cross-Connection ORC may release the certificate of occupancy.
(6) The Backflow/Cross-Connection ORC will determine if a water service customer must install a backflow prevention assembly, and provide the water service customer with a letter of notification and list of approved licensed plumbers. Any unapproved backflow prevention assembly must be replaced, with an approved backflow prevention assembly, within a time period set by the Backflow/Cross-Connection ORC.
(a) The following time periods shall be set forth for the installation of the specified backflow prevention assemblies:
1. For new construction, no water meter will be installed by the City until the proper backflow prevention assembly is installed, tested, and approved; and
2. For a change of use/change of ownership, no water service will be activated by the city until the proper backflow prevention assembly is installed, tested and approved.
(b) The existing facility evaluation compliance schedule is as follows:
Health hazard | 60 days |
(c) The testing and repair compliance schedule is as follows:
Failure to repair or replace failed a backflow prevention assembly | 14 days |
Failure to test backflow prevention assembly by anniversary date | 30 days |
(d) If an imminent hazard or an unreasonable threat of contamination or pollution to the city’s public water system is detected, the Backflow/Cross-Connection ORC may require the installation of the required backflow prevention assembly immediately, or within a shorter time period than specified above. If installation is not completed within the specified time period, or if contamination is presently occurring, water service may be immediately disconnected in order to protect the potable water system and public health.
(7) All backflow prevention assemblies must be installed and maintained on the water service customer’s premises as part of the water service customer’s private water system at or near the service connection and before the service line is connected to any other pipes except as authorized by the Backflow/Cross-Connection ORC.
(8) If it has been determined that a backflow prevention assembly cannot be installed at the meter service, due to Zoning or DOT Right-of-Way, an approved backflow prevention assembly must be installed before any branch of plumbing that is installed between the service meter and the service backflow prevention assembly.
(9) Any branch of plumbing installed on the private water system that may be subject to a greater hazard than the supply line, (example: irrigation systems or pump systems, and the like) shall be protected with the appropriate backflow prevention device, as determined by the Backflow/Cross-Connection ORC.
(10) Approved backflow prevention assemblies: Meets American Society of Sanitary Engineers (ASSE) standard and carries ASSE seal or is on the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC FCCHR) approval list. Must also meet the NC State Plumbing Code. Also see the current revision of the city’s Backflow Assemblies Specification sheets.
(11) Any water service customer installing any backflow prevention assembly must provide the following information to the Backflow Administrator:
(a) Owner’s name and address;
(b) Service address where assembly is installed;
(c) Description of assembly’s location;
(d) Date of installation;
(e) Size of assembly;
(f) Type of assembly;
(g) Manufacturer;
(h) Model number;
(i) Serial number; and
(j) Test results/reports.
(12) [Reserved].
(13) Each backflow prevention assembly that is required must function properly at time of installation. Each water service customer will be required to maintain, and repair each assembly required as part of their private water system. Testing shall be done immediately following installation of any backflow prevention assembly prior to receiving a CO (certificate of occupancy) and triennial thereafter. The owner, at their own expense, shall have a certified backflow prevention assembly tester conduct the tests and forward the results to the city within ten business days.
(14) If an assembly needs to be repaired it must be re-tested immediately following any repairs. The owner at their own expense shall have a certified backflow prevention assembly tester conduct tests and forward the results to the city. A complete duplicate copy of any testing and/or repair shall be sent to the Backflow/Cross-Connection ORC within ten business days of completion of test or repair. Each water service customer must maintain a complete copy of test or repair for no less than six years. All test and repair records must be maintained on forms approved by the Backflow/Cross- Connection ORC.
(15) All rubber components must be replaced every six years in every backflow prevention assembly or as often as needed, according to manufacturer’s directions and components condition.
(B) Installation location requirements.
(1) Backflow prevention assemblies must be located in a place where it is readily accessible for regular testing, maintenance, repair and inspection. Any customer’s water service that is critical and cannot be shut down for testing or maintenance shall install parallel backflow prevention assemblies in order to maintain the continuity of water flow for testing and repair; or in the case of the assembly failing. Bypass lines parallel to a backflow prevention assembly shall have an approved backflow prevention assembly that is equal to that on the main line.
(2) (a) No backflow preventer shall be installed in a manner by which it is subject to freezing. All above-ground backflow preventers shall be installed in an ASSE standard 1060 “freeze retardant” enclosure with a minimum R value of 8.0. All above-ground backflow preventers shall be installed with permanent piped electrical service to a thermostatically controlled heater or heat tape. Backflow for lawn irrigation systems may be installed with unions and an upstream shut off valve not subject to freezing. All underground piping must be installed a minimum of 12 inches below grade and must meet the requirements of underground water service piping.
(b) For reduced pressure zone assembly (RPZ), the following shall apply:
1. Above-ground outdoor installation is preferred and encouraged;
2. Below-ground and indoor installations are strongly discouraged and shall only be allowed in special cases as approved by the Backflow/Cross-Connection ORC. The vault shall have positive drainage with adequate gravity drainage to atmosphere to accommodate for the maximum discharge of the relief valve(s) on the assembly(s) and must be in a location where no portion of assembly can become submerged at any time or under any circumstances or conditions;
3. Twelve inches minimum and a maximum of 36 inches clearance from vault floor and a minimum of 24 inches clearance from a wall or another fixture for the purpose of testing and repair;
4. No vertical installation unless USC FCCHR approvals allow otherwise;
5. Installation in accordance with manufacturer’s recommendations;
6. Located where it is readily accessible for regular testing, maintenance, and inspection; and
7. Must be in a location where no portion of assembly can become submerged at any time under any circumstances or conditions.
(3) For double check valve assembly (DCVA), the following shall apply:
(a) Above-ground outdoor installation is preferred and encouraged;
(b) Below-ground installation is strongly discouraged, and shall only be allowed in special cases as approved by the Backflow/Cross-Connection ORC. The vault shall have positive drainage with adequate gravity drainage to atmosphere and must be in a location where no portion of assembly can become submerged at any time or under any circumstances or conditions;
(c) Twelve inches minimum and a maximum of 36 inches clearance from vault floor and a minimum of 24 inches clearance from a wall or another fixture for the purpose of testing and repair;
(d) Vertical or horizontal installation acceptable with USC FCCHR approvals;
(e) Installation in accordance with manufacturer’s recommendations; and
(f) Located where it is readily accessible for regular testing, maintenance, and inspection.
(4) For air gaps (AG), the following shall apply:
(a) Above-ground installation only; and
(b) Must be in a location where no portion of assembly can become submerged at any time under any circumstances or conditions
(Ord. passed 6-19-18; Am. Ord. passed 11-19-24)
(A) Determination.
(1) No service shall be approved until the Backflow/Cross-Connection ORC has been provided with information or has surveyed the private water system to determine the degree of hazard and decides the type of backflow prevention assembly to be installed to protect the city public water supply.
(2) Any water service customer, making any modification to the private water system’s use or configuration, which may change the degree of hazard, shall notify in writing the Backflow/Cross-Connection ORC before any modification is made. If the Backflow/Cross-Connection ORC determines that such modification requires a greater degree of backflow prevention assembly, that assembly must be installed prior to any modification of use or configuration.
(3) If the Backflow/Cross-Connection ORC or his or her designee is unable to survey any portion of a private water system to determine the degree of hazard, due to confidential activities, a reduced pressure zone assembly will be required.
(B) Degree of hazard.
(1) HEALTH HAZARD. Actual or potential threat of contamination that presents an imminent danger to the public health with consequence of serious illness or death.
(2) NON-HEALTH HAZARD. One that presents foreseeable and significant potential for pollution, nuisance, aesthetically objectionable or other undesirable alterations of the city’s public drinking water supply.
(C) Minimum backflow prevention assembly requirements.
(1) Minimum requirements for backflow prevention are as follows:
(1) Degree of Hazard
Degree of Hazard: | RPZ or RPDA | DCVA or DCDA | AG |
Health hazard | X | X | |
Non-health hazard | X | ||
Notes: AG = Airgap DCVA=Double check air valve assembly DCDA = Double check detector assembly (fire protection systems w/o chemicals or pumps) RPZ = Reduced pressure zone assembly RPDA = Reduced pressure detector assembly (fire protection systems with chemicals or pumps) | |||
(2) High Hazard Facilities that require a backflow prevention assembly:
a. Lawn sprinkler systems with chemical injection or booster pump
b. Wastewater treatment plants
c. Connection to an unapproved water system or unapproved auxiliary water supply
d. Connection to tanks, pumps, lines, steam boilers or vessels that handle sewage,
e. lethal substances, toxic or radioactive substances
f. Fire sprinkler systems with booster pump facilities or chemical additives
g. Buildings with five or more stories above ground level
h. Hospitals and other medical facilities
i. Morgues, mortuaries and autopsy facilities
j. Metal plating facilities
k. Bottling plants (subject to back pressure)
l. Canneries
m. Battery manufacturers
n. Exterminators and lawn care companies
o. Chemical processing plants
p. Dairies
q. Film laboratories
r. Car wash facilities
s. Dye works
t. Laundries
u. Swimming pools
v. Waterfront facilities
(3) (a) Filling of tanks/tankers or any other container from a city fire hydrant is strictly prohibited unless it has been equipped with the proper meter and approved backflow prevention assembly. The city will issue a permit for this tank/tanker or container. Any unauthorized connection to a fire hydrant is considered an illegal cross-connection to the city’s public water system and will be subject to penalties as set forth in the Fee Schedule.
(b) Exemption: All fire apparatuses are exempt from the backflow prevention requirements only if fighting fire or training. If training they are asked to notify the city’s Backflow ORC. However, if fire apparatus has been used to haul non-potable water, it is to be cleaned and recertified prior to connecting to a city fire hydrant.
(c) All double check valve assemblies installed on irrigation systems prior to 2020 shall be allowed to remain in service until they fail and can longer be repaired. At that time, they shall be evaluated for degree of hazard.
(4) (a) If it has been determined a water service customer’s private water system has an imminent hazard, the water service customer must install an approved backflow prevention assembly specified by the Backflow/Cross-Connection ORC and this division.
(b) This assembly must be installed within 24 hours of notification from the Backflow/Cross-Connection ORC. If the water service customer fails to install the specified assembly within the allowed time period, water service to the water service customer’s private water system will be terminated and the water service customer may be subject to civil penalties.
(c) In the event the Backflow/Cross-Connection ORC is unable to notify the water service customer within 24 hours of determining an imminent hazard exists, the Backflow/Cross-Connection ORC may terminate water service until the specified assembly is installed. These actions may be carried out under the Safe Drinking Water Act.
(Ord. passed 6-19-18; Am. Ord. passed 1-21-20; Am. Ord. passed 11-19-24)
(A) In the event the water service customer’s private water system becomes contaminated or polluted the water service customer shall immediately notify the Backflow/Cross-Connection ORC or the Distribution Superintendent.
(B) In the event the water service customer has reason to believe that a backflow incident has occurred between the water service customer’s private water system and the public water system the water service customer shall immediately notify the Backflow/Cross-Connection ORC or the Distribution Superintendent so that appropriate actions can be taken to isolate and remove the contamination or pollution.
(Ord. passed 6-19-18; Am. Ord. passed 11-19-24)
(A) Notification of violation.
(1) A written notice will be presented to any water service customer who has been found to be in violation of any part of this division.
(2) This first notice must explain the violation and give the time period within which the violation must be corrected.
(3) A second notice will give 30 additional days to correct all violations as required by this division.
(4) A third notice will be a civil penalty allowing 15 more days to comply before the penalties begin.
(5) In the event a water service customer found to be in violation of this division fails to correct the violation within the specified time or, fails to pay any civil penalties expense assessed under this division, water service will be terminated.
(B) Civil and other penalties.
(1) Unprotected cross-connection involving a private water system, which is of a health hazard: $1,000 per day, not to exceed $10,000.
(2) Unprotected cross-connection involving a tank/tanker or other container hooked to a fire hydrant: $1,000 per occurrence.
(3) Unprotected cross-connection involving a private water system, which is of a non-health hazard: $500 per day, not to exceed $5,000.
(4) (a) Any violation of the requirements and prohibitions of this division including failure to address an unprotected cross connection is hereby declared a public nuisance and shall be corrected or abated as directed by the requirements of this division.
(b) Any person(s) creating a public nuisance or failing to abate such shall be subject to the provisions of Chapter 6 Article II, “Nuisances,” governing such nuisances, including reimbursing the city for any costs incurred in removing, abating or remedying said nuisance.
(5) Tester submitting false records which are required by this division: $1,000. This will also result in removal of the tester from the approved testers list. Notification of the school where the tester was certified and the tester’s behavior shall be reported to the North Carolina Division of Water Resources.
(6) Failure to submit records which are required by this division: $500.
(7) Failure to test or maintain backflow prevention assemblies as required by this division: $100 per day, up to and including termination of water service.
(Ord. passed 6-19-18; Am. Ord. passed 1-21-20; Am. Ord. passed 11-19-24)
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