§ 52.28  BACKFLOW PREVENTION DEVICES; CUSTOMER INSTALLATION AND TESTING.
   (A)   A customer of the Municipal Water Department may be required by the Utilities Superintendent to install and maintain a properly located backflow prevention device at his or her expense appropriate to the potential hazards set forth in Title 179, Health and Human Services System, and approved by the Utilities Superintendent.
   (B)   The customer shall make application to the Utilities Superintendent to install a required backflow prevention device on a form provided by the municipality.  The application shall contain, at a minimum, the name and address of the applicant, the type of potential hazard required, protection, and the type of backflow device to be installed including brand and model number.
   (C)   The Utilities Superintendent shall approve or disapprove the application based on his or her opinion of whether such installation will protect the municipal water distribution system from potential backflow and back-siphonage hazards.
   (D)   The installation of the device shall be subject to all other sections of this code dealing with installation of plumbing, including the use of a plumber licensed by the municipality if applicable.  Such customer shall also certify to the municipality at least one time annually that the backflow prevention device has been tested by a Nebraska Department of Health Grade VI Certified Water Operator if the device is equipped with a test port.  Such certification shall be made on a form available at the office of the Municipal Clerk/Treasurer.
   (E)   Any decision of the Utilities Superintendent may be appealed to the Council.
   (F)   Definitions.
      (1)   Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and so as to give this section its most reasonable application.
      (2)   The Water Commissioner is authorized and directed to enforce all the provisions of this section and all other ordinances of the city now in force or hereafter adopted, relating to water services, supply, or other water regulations. During the temporary absence or disability of the Water Commissioner, the Mayor and the city shall designate an acting enforcement official.
      (3)   The term "person" shall mean person, firm or corporation.
   (G)   Permits required.
      (1)   No person shall erect, construct, enlarge, or improve any underground sprinkler or underground irrigation system which is intended to be connected to the water system of the city or without complying with the below requirements and obtaining a separate permit for each system.
      (2)   Application.  The application for a permit is to be made in writing at the office of the City Clerk on a form furnished for that purpose.  Each application shall:
         (a)   Identify and describe the project to be covered by the permit;
         (b)   Describe the land on which the proposed work is to be done in such a manner that it will readily identify and locate the proposed construction site;
         (c)   Indicate the use or occupancy for the property on which the proposed work is intended;
         (d)   Be accompanied by plans or specifications for proposed construction, including point of hookup;
         (e)   Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority;
         (f)   Be accompanied by a statement of the pressure in the line as indicated by the best available means of the City Engineer. For installation, this figure must be at least 20 psi;
         (g)   Give such other information as reasonably may be required by the Water Commissioner; and
         (h)   Pay a fee for said permit as established by the Mayor and City Council.
      (3)   The Water Commissioner shall review all permit applications to determine if the proposed development is feasible, will not impair the water pressure or water supply of other users in the area, and that all necessary permits have been received as required by federal or state law.
      (4)   The Water Commissioner, in reviewing all applications for new construction and substantial improvements of underground systems or watering systems, will require that all construction:
         (a)   Shall meet the requirements of the National Plumbing Code as they pertain to lawn sprinkling systems;
         (b)   Be designed or constructed to minimize the loss of pressure to other residents in the surrounding area. The maximum flow shall be ten gallons per minute for residential, and will not operate at times of peak water usage. Each nonresidential application will be considered separately;
         (c)   All connections to city water system shall be in the same manner as provided in other parts of the municipal ordinance and shall be performed only by city personnel; and
         (d)   All systems must be equipped with a pressure type vacuum breaker (backflow preventer) which will prevent any water in the systems from returning back into the city water system. An anti-siphon device will not be satisfactory.
      (5)   All devices installed in potable water supply systems for protection against backflow shall be maintained in good working condition. No device shall be removed from use, relocated, or other device substituted without the approval of the Water Commissioner.
      (6)   Construction of non-residential property.  A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall accompany application.
   (H)   Once a permit is granted, installation of the system must be completed within 60 days. The City Council may extend this time for adverse weather or other unavoidable conditions. Prior to connecting the system, the system must be inspected and approved by the Water Commissioner.
   (I)   Backflow devices must be tested at the time of installation, when repaired, and at least every 36 months thereafter. The owner will submit all test reports to the Water Commissioner.
   (J)   Applicant will be responsible for contacting the Digger's Hotline for dig permits.
   (K)   The owner of the property on which the underground lawn sprinkler system is located will be responsible for maintaining the underground lawn sprinkler system in such a way as to prevent the future contamination of the municipal water supply.
(`77 Code, § 3-125)  (Ord. 1995-O-001, passed 1-9-95; Am. Ord. 2004-O-009, passed 7-12-04)