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(a) Installation permits for the installation of all backflow prevention assemblies required by Tucson Water shall be obtained from Tucson Water prior to installation. A separate permit shall be obtained for each required backflow prevention assembly to be installed, including replacement or relocation.
(b) It shall be the duty of the person doing the work authorized by the permit to notify Tucson Water, orally or in writing, that the work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to be inspected and shall be given only if there is reason to believe that the work done will meet current city codes and regulations.
(c) Whenever any work is being done contrary to the provisions of the City Plumbing Code or this article, Tucson Water or an authorized representative may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; and any such person shall forthwith stop such work until authorized by Tucson Water to proceed with the work.
(d) Any Tucson Water employee may, in writing, suspend or revoke a permit issued under provisions of this article, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any provision of the City Plumbing Code or this article.
(Ord. No. 9976, § 2, 5-24-04)
(a) The compliance date shall be set by Tucson Water.
(b) Tucson Water shall notify the customer at least forty-five (45) days before the compliance date for each backflow prevention assembly and/or reclaimed water site inspection.
(c) The customer shall test each backflow prevention assembly at least once a year. Test intervals for any backflow prevention assembly may not exceed twelve (12) months. If an inactive water service is reactivated, the backflow prevention assembly associated with that service shall be tested if more than twelve (12) months have passed since the last test.
(d) For compliance testing or inspection the customer shall not test any backflow prevention assembly or inspect any reclaimed water site more than forty-five (45) days prior to the compliance date.
(e) The customer may request in writing a change of the compliance date for any backflow prevention assembly and/or reclaimed water site. No annual compliance date may be changed to be more than twelve (12) months after the most recent test or inspection. No five (5) year compliance date may be changed to be more than sixty (60) months after the most recent inspection.
(f) If any testing reveals the assembly to be defective or is in improper operating condition, the customer shall perform any necessary repairs, including replacement of the assembly, which will return the assembly to proper operating condition. If an assembly is replaced, relocated or repaired, a new test shall be performed on such assembly and submitted to Tucson Water.
(g) If by the compliance date Tucson Water has not received the required backflow prevention assembly test and/or reclaimed water site inspection results, Tucson Water shall provide a four (4) day notice in writing to the site that Tucson Water will discontinue potable/reclaimed water service if the required backflow prevention assembly test and/or reclaimed water site inspection results are not received by the date specified in the four (4) day notice. Tucson Water shall assess a fee when the four (4) day notice is delivered. If the test and/or inspection results are not received by Tucson Water by the date specified in the four (4) day notice Tucson Water shall discontinue water service and add a compliance fee to the customer's water bill.
(h) If Tucson Water determines at any time between compliance dates that a backflow method is not operating correctly or does not meet applicable codes or that a reclaimed water site does not comply with regulations, Tucson Water shall provide a courtesy notice in writing to the customer and/or site specifying the date by which the backflow method must meet applicable codes and be operating properly or the reclaimed water site must be in compliance. If by the date specified in the courtesy notice the backflow method or reclaimed water site does not meet applicable codes and regulations, Tucson Water will provide a four (4) day notice to the site specifying the date by which the backflow method or reclaimed water site must meet applicable codes/regulations. Tucson Water shall add a fee to the customer's water bill when the four (4) day notice is delivered. If by the date specified in the four (4) day notice the backflow method or reclaimed water site does not meet applicable codes/regulations, Tucson Water shall discontinue water service and add a compliance fee to the customer's water bill.
(i) If Tucson Water or a customer learns or discovers during any interim period between tests/inspections that an assembly is defective or is in improper operating condition or that the reclaimed water site is noncompliant, the customer shall perform any necessary repairs including replacement of the assembly, which will return the assembly or reclaimed water site to proper operating/compliant condition.
(j) The backflow prevention assembly testing shall be performed by an individual certified to conduct such testing by the California-Nevada Section of the AWWA, the Arizona State Environmental Technical Training Center or other certifying authority approved by the Arizona Department of Environmental Quality. A list of certified testers registered with Tucson Water shall be maintained by Tucson Water and shall be available upon request to all persons required to install or maintain a backflow prevention assembly.
(k) Test procedures shall be performed as required by the Arizona Department of Environmental Quality as set forth in chapter nine of the Manual for Cross-Connection Control. The tester shall provide test/inspection results to the customer and to Tucson Water, and shall maintain a copy of the results for their records.
(l) The customer shall maintain records, of all test/inspection results and of all servicing, repairs, and replacements of the backflow prevention assembly. Test and/or inspection results shall be submitted electronically to Tucson Water within five (5) days after completion of the activity for which the record is made.
(m) Fire systems shall not be out of service for more than eight (8) consecutive hours due to testing, maintenance or repairs. The fire department shall be notified immediately of any changes in fire service status.
(n) Tucson Water may test any backflow prevention assembly or inspect any reclaimed water site at any time.
(o) Test equipment shall be maintained and calibrated annually by an agency approved by Tucson Water as required by the cross connection manual. A copy of the annual equipment calibration certificates shall be submitted to Tucson Water to maintain equipment registration and certification. Test equipment for testing backflow prevention assemblies in Tucson Water's service area shall be registered with and approved by Tucson Water. Test equipment used on anything other than potable water backflow prevention assemblies shall not be used to test such assemblies and shall be identified as non-potable test equipment.
(p) Backflow prevention assembly/reclaimed water site testers shall register with Tucson Water if they are conducting backflow prevention assembly testing/reclaimed water site inspections in Tucson Water's service area. Testers shall submit a current copy of their certification or recertification upon registration. A Tucson Water registration issued to a backflow prevention assembly/reclaimed water site tester may be revoked or suspended upon certification expiration or for improper testing, maintenance, inspections, reporting or other improper practices.
(Ord. No. 9976, § 2, 5-24-04; Ord. No. 10563, §§ 2, 3, 7-8-08; Ord. No. 10867, § 1, 12-21-10)
If Tucson Water determines, after inspection of the customer's system, that a backflow prevention method less restrictive than that required in section 27-75 will provide adequate protection of the public water supply, Tucson Water may, at its sole discretion, modify or waive the requirements of section 27-75 accordingly. In determining, waiving, or modifying backflow requirements, Tucson Water shall consider the hazard potential to the public water system based on the design of the customer's water system.
(Ord. No. 9976, § 2, 5-24-04)
(a) If Tucson Water discovers that a customer has not installed a required backflow prevention method, or that a backflow prevention method has been improperly tested or maintained, bypassed or removed, or that an unprotected cross-connection exists in the customer's water system or any other violation of this article has occurred, the water service to that service connection shall be discontinued. If the condition is not remedied subsections 27-80(g) and (h) shall apply. The service shall not be restored until the condition is remedied or Tucson Water authorizes a turn on for assembly testing and continuance of service.
(b) Water service to a fire sprinkler system shall not be subject to discontinuance under this section. If a condition, which would otherwise result in discontinuance of fire service is not remedied, discontinuance of the potable water service shall result. See subsections 27-80 (g) and (h).
(c) Tucson Water may discontinue, without notice, water service to any customer when Tucson Water discovers any potential for contamination of the public water systems by the customer's private plumbing system.
(Ord. No. 9976, § 2, 5-24-04; Ord. No. 10563, § 4, 7-8-08; Ord. No. 10867, § 1, 12-21-10)
An administrative appeal may be taken whenever a question arises over any of the requirements of this article, and the applicant wishes to appeal the decision of Tucson Water or seek a variance from the requirements of this article. The appeal may be made to the backflow prevention hearing committee as follows:
(1) The applicant shall file a written appeal on the forms provided by the Tucson Water Backflow Prevention Office within ten (10) working days from the date of the decision by Tucson Water that the applicant wishes to appeal. The applicant shall set forth, in detail, and on the form provided, the basis for their request, and may attach additional documentation to the form.
(2) The appeal will be heard by the hearing committee within seven (7) working days, after receipt of the written appeal, at a regular specified time. Formal Arizona Rules of Evidence will not apply, but any testimony or evidence offered must be relevant to the issue in question.
(3) The hearing committee shall consist of three (3) members each of whom shall be knowledgeable or experienced in backflow prevention, plumbing, or water system hydraulics. One (1) member shall be appointed by the director of Tucson Water. One (1) member shall be appointed by the director of the department of development services. One (1) member shall be appointed from the full membership of the City of Tucson Small Business Commission. Additional inspectors or other technical persons may be present for a particular appeal.
(4) The applicant shall provide adequate information at the hearing to fully describe the conditions in question and to establish the justification and basis for the applicant's request.
(5) The applicant may, but is not required to, personally attend the hearing.
(Ord. No. 9976, § 2, 5-24-04)
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