(A)   Required. All backflow prevention assemblies must be inspected and tested in each of the following circumstances:
      (1)   Immediately after installation;
      (2)   Whenever the assembly is moved;
      (3)   A minimum of once every 3 years for residential irrigation connections without chemical additives, and annually for all other connections;
      (4)   Prior to re-occupancy of any premises that has been unoccupied for at least 1 year;
      (5)   Immediately after repair of the assembly; and
      (6)   When required by the Director.
   (B)   Tester Certification and Registration. All assembly testing must be performed by a state certified backflow prevention assembly tester approved by the Director and registered with the city. Test results or certification of the performance of other services shall not be accepted if the tester is not currently validly registered with the Director. The Director shall maintain a current list of registered certified testers, and will make this list available to city water system customers upon request. Registrations will be valid until December 31 of the year in which issued, and must be renewed annually.
   (C)   Access. Duly authorized employees of the city bearing proper credentials and identification are authorized to enter any public or private property at any reasonable time for the purpose of enforcing this chapter. Persons and occupants of premises who receive water service from the city, either directly or indirectly, must allow the city or its representatives ready access at all reasonable times to all parts of the premises for the purposes of inspection, testing, records examination, or in the performance of any of their duties under this chapter. Where persons or occupants of premises have security measures in force which would require proper identification and clearance before entry into the premises, such persons and occupants must make necessary arrangements so that upon presentation of suitable identification, personnel from the city will be permitted to enter without delay, for the purposes of performing such specific responsibilities.
   (D)   Accuracy.
      (1)   The certified tester is responsible for the competency and accuracy of all tests and reports certifying assemblies to be operating within specifications performed or submitted by the certified tester, and for all work done by any persons under the direction or control of the certified tester. All work performed by a certified tester's assistants must be performed in the presence and under the immediate supervision of the certified tester.
      (2)   The certified tester shall furnish the city with the serial number of the tester's test kit, and the tester's test gauge must be tested when purchased and annually thereafter, or more frequently as required by the Director, to be in compliance with the University of Southern California's Manual of Cross Connection Control (latest edition) or the American Water Works Association Manual of Cross Connection Control requirements (Manual M14, latest edition). The certified tester must maintain the test gauge within a 2% accuracy deviation and retain test results for 3years from the date of any such test. All test results shall be made available to the Director upon written request or as provided for by this chapter (30 Tex. Admin. Code § 290.44(h)(4)(A) and (B)).
   (E)   Reporting Failure or Malfunction. If a backflow prevention assembly test fails or an assembly malfunctions, and the actual or potential hazard of contamination is not immediately curable through repair or replacement, the certified tester shall notify the Director and the customer immediately in person or by telephone. This notification shall also be submitted in writing within 5 calendar days. If the failure or malfunction of a backflow prevention assembly is not immediately curable through repair or replacement, the Director may take all necessary steps, including the immediate cessation of water service through the assembly, to prevent the possible contamination of the city water system.
   (F)   Assembly Alteration Prohibited. It is a violation of this chapter for a certified tester to alter the design, material, or operational characteristics of a backflow prevention assembly during testing, repairing, or maintaining the assembly without the prior written approval of the Director.
(Ord. 2019-22, passed 8-13-19)