Sec. 27-81. Determination, modification or waiver of backflow prevention requirements.

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)

Sec. 27-82. Discontinuance of water service.

   (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)

Sec. 27-83. Administrative appeal.

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)

Sec. 27-84. Violation a civil infraction.

It shall be a civil infraction for any person to violate any of the requirements of this article.

(Ord. No. 9976, § 2, 5-24-04)

Sec. 27-85. Reserved.

Sec. 27-86. Fees.

   (a)   The fee for issuing a permit to install a backflow prevention assembly and inspecting the installation shall be seventy-six dollars and fifty-one cents ($76.51).

   (b)   A four (4) day notice fee of seventy-six dollars and fifty-one cents ($76.51) will be assessed when the customer fails to meet the requirements imposed by this article and a Tucson Water inspector personally delivers a notice to the site stating that water service will be discontinued in four days if the requirements are not met.

   (c)   A compliance fee of seventy-six dollars and fifty-one cents ($76.51) will be assessed when the customer fails to meet the requirements imposed by this article and Tucson Water discontinues potable or reclaimed water service.

   (d)   A fee of sixteen dollars and fourteen cents ($16.14) will be assessed to backflow prevention assembly testers:

   (1)   whenever registering or reregistering their backflow test equipment with Tucson Water, as required in Sec. 27-80(o); and

   (2)   whenever registering or reregistering their certification to perform backflow prevention assembly testing with Tucson Water, as required in Sec. 27-80(p).

(Ord. No. 9976, § 2, 5-24-04; Ord. No. 10359, § 3, 12-12-06, eff. 1-16-07; Ord. No. 10510, § 3, 3-18-08, eff. 7-1-08; Ord. No. 10897, § 3, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 3, 5-21-13, eff. 7-1-13)

Secs. 27-87--27-89. Reserved.

ARTICLE VI. EMERGENCY WATER CONSERVATION RESPONSE*

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*   Editors Note: By Ordinance 8564, the mayor and council called a special election for November 7, 1995, at which public initiative petition 1994-1001 would be submitted to the city's qualified electors. By Ordinance 8574, the mayor and council approved the ballot label for that special election, which included the full text of the proposed Code amendment presented in the initiative petition. The proposed initiative was approved by the electorate and is now part of the Tucson Code.

The initiative as passed was denominated article VI of chapter 27 of the Tucson Code, containing sections 27-90 through 27-93. However, chapter 27 of the Tucson Code already contained an article VI (entitled "Emergency Water Conservation Response") consisting of sections 27-90--27-99. The existing article VI was enacted subsequent to the filing of the blank version of public initiative petition 1994-1001 but prior to its approval by the voters.

The city has determined that the initiative measure should be denominated as article VII of chapter 27, rather than article VI, and that its various sections should be numbered as sections 27-100 through 27-103, rather than as sections 27-90 through 27-93.

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