(A) The City Manager shall be responsible for the protection of the city’s water supply system from contamination or pollution due to backflow or back siphonage of contaminants, pollutants or other inimical substances which create or may create danger or hazard to the health of users and consumers of city drinking water.
(B) The necessity of need of a backflow prevention device at any point where drinking water supplied by the city’s public water system is located on or enters a consumer’s premises (consumer’s water system) shall be determined by the City Manager in the exercise of the City Manager’s sole discretion. A plumbing system of or in any household or any structure on the consumer’s premises for delivery of water is considered to be a consumer’s water system subject to this section.
(C) (1) When the City Manager determines based on the inspection or information that a backflow prevention assembly or device is required at any service connection to premises which obtain water from the city, the City Manager shall give written notice to the owner(s) of the property upon which a residence or other structure is located that the owner(s) shall install an appropriate backflow prevention device or assembly at each service connection to the premises within the time period specified by the City Manager.
(2) The owner(s) of said premises shall install the backflow prevention device or assembly specified by the City Manager at the owner’s cost and at no cost to the city.
(D) (1) The City Manager shall be responsible to ensure that the initial installation and testing of the backflow prevention device or assembly has been done property and in accordance with the requirements of this section and applicable laws and regulations. The City Manager shall be authorized to view the installation and enter the property where the installation has been done.
(2) Thereafter, the owner(s) of the premises shall be responsible for ensuring implementation of annual testing and upgrades and renewal requirements for the backflow prevention device and assembly.
(3) The owner shall keep records of such testing and upgrades for review by the City Manager.
(4) The City Manager is authorized to enter private property to determine the conditions of the service connection to prevent a public health hazard from occurring or continuing.
(E) (1) The owner(s) failure, refusal or inability to install said backflow prevention device or assembly required by the City Manager shall constitute grounds for the prompt termination of the water service to the owner’s premises to protect the public safety and health of the consumers of the city drinking water. In addition, the owner(s) of the premises shall be liable for the penalties set forth herein and any applicable local, state or federal laws related to the safe drinking water for violations thereof.
(2) Water service to such premises shall not be restored until the owner(s) have corrected or eliminated all conditions or defects found at the premises to the satisfaction of the City Manager and as set forth in the O.A.C. 3745-95-08 (2018).
(F) This section implements the requirements of R.C. Chapter 6109 and the O.A.C. Chapter 3745-95, which is the intent of this section.
(R.C. § 715.67)
(Ord. 23-22, passed 3-14-2022) Penalty, see § 51.99