§ 52.18 COMPLIANCE.
   (A)   Inspection of backflow prevention assemblies.
      (1)   The user's system should be open for inspection at all reasonable times to authorized representatives of the utility to determine whether there exists cross connections or other structural or sanitary hazards, including violations of this subchapter or regulations which are adopted through this subchapter. Any water user or owner of a private water supply system shall allow access to their facilities for inspection of their system and for testing of any backflow prevention device. If access for inspection is denied on the basis of government security or any other reason, a maximum hazard shall be assumed requiring a reduced pressure backflow prevention device.
      (2)   Each cross-connection control device shall be inspected or tested at the time of construction or installation. Additionally, all users and owners of private water supply systems which connect to the utility are required to maintain any backflow prevention device and shall have them inspected and tested at the intervals as indicated in division (C) below, by a certified inspector, who shall report the results to the utility and to the user. The inspection shall be at the expense of the user. Inspector certification is done by the State of Indiana and a certificate is issued accordingly. All repairs to the device are the responsibility of the user.
   (B)   Retention of reports for backflow prevention assemblies. The inspector shall report to the utility and user all results of the inspection or tests conducted. Reports shall be submitted to the utility within 30 days of the inspection or test. The user shall retain records of all testing, repair, and approval of backflow prevention devices for a three-year period. The utility is required to retain all records of testing and repair of such devices. The utility shall permit access to these files at reasonable times and upon presentation of identification by the commissioner of IDEM, or their authorized representative.
   (C)   Testing of backflow prevention assemblies. The testing frequency shall be as follows:
      (1)   Air gaps (AG) shall be inspected at intervals not exceeding one year to ensure that they continue to meet the requirements.
      (2)   Reduced pressure principle backflow prevention assembly (RP) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials and that the pressure differential relief valve will maintain pressure in the center chamber of at least two pounds per square inch below that of the inlet chamber.
      (3)   Double check valve backflow prevention assembly (DC) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials.
      (4)   Double check-detector backflow prevention assembly (DCDA) shall be tested at intervals not exceeding one year to ensure that both check valves are drip tight under all pressure differentials.
      (5)   Pressure vacuum breakers (PVB) and spill resistance vacuum breakers (SRVB) shall be tested at intervals not exceeding one year to ensure that the air inlet opens fully when water pressure is at or below atmospheric pressure.
      (6)   Atmospheric vacuum breaker back-siphonage prevention assemblies (AVB) shall be tested at intervals not exceeding one year to ensure proper operation of the air inlet valve. Removal of canopy may be necessary to determine free movement of air inlet valve.
      (7)   An inspection tag must be installed upon completion of testing, calibration, or repair of any cross-connection control device. The inspection tag must be waterproof and protected against tampering and must have at least the following information:
         (a)   The name of the inspector;
         (b)   The date of the inspection; and
         (c)   The registration number, model number, serial number, and size of the cross-connection control device.
   (D)   Approval of backflow prevention assemblies. Any backflow prevention assembly required under this subchapter shall be a model and size approved by the utility. The term "approved backflow prevention assembly" shall mean an assembly that has been manufactured in full conformance with the standards established by the American Water Works Association (AWWA) entitled "AWWA C506-84 Standards for Reduced Pressure Principle and Double Check Valve Backflow Prevention Devices." Said assembly shall meet the laboratory and field performance specifications of the Foundation for Cross-Connection Control and Hydraulic Research (FCCC&HR) of the University of Southern California established by Specifications of Backflow Prevention Assemblies - Section 10 of the most current issue of the Manual of Cross Connection Control or those acceptable under the Indiana plumbing code pursuant to the Fire Prevention and Building Safety Commission rules (675 IAC 16-1.2). Incorporated by reference is the "List of Approved Backflow Prevention Assemblies" by the FCCC&HR, latest version, including vertically installed reduced pressure principal backflow preventers. Final approval shall be evidenced by a Certificate of Approval issued by an approved testing laboratory certifying full compliance with the said AWWA standards and FCCC&HR specifications.
   (E)   User responsibility. It shall be the duty of the user at any premises where backflow prevention assemblies and/or cross-connection control devices are installed to have certified inspections and operational tests made upon installation and at the frequency dictated in this subchapter. In those instances where the utility deems the degree of hazard to be great enough, the Superintendent may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the user and shall be performed by a certified tester, as indicated in this subchapter. Users who fail to test said assemblies/devices in accordance with this subchapter may face penalties, including fines and disconnection of service, as described in division (F) below. All backflow prevention assemblies and/or cross-connection control devices shall be repaired, overhauled or replaced at the expense of the user whenever said assemblies are found to be defective. Records of such tests, repairs and overhaul shall be kept and made available to the utility.
   (F)   Penalties for noncompliance.
      (1)   Service of water to any premises may be discontinued by the utility if a backflow prevention assembly and/or cross-connection control device required by this subchapter is not installed, tested and maintained, or if it is found that a backflow prevention assembly has been removed, bypassed, or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected.
      (2)   Any person who violates any provision of this subchapter for which no other penalty is otherwise specifically provided shall be fined not more than $1,000. A separate offense shall be deemed committed on each day that a violation occurs or continues.
      (3)   When a violation becomes known, the Superintendent may deny or immediately discontinue service to the premises by providing for a physical break in the service line until the user has corrected the condition(s) in conformance with the state statutes and city ordinances relating to plumbing and water supplies and the regulations adopted pursuant thereto.
   (G)   Exemptions.
      (1)   Exemptions to this subchapter shall be in accordance with all written requirements of the Indiana Plumbing Code, incorporated herein by reference. Any exemptions must be issued by the Commissioner of the Indiana Department of Environmental Management (IDEM), based on exempted activities as stated in 327 IAC Article 8, Rule 10. An exemption shall remain valid for no more than three years from the date of issuance. If it is found by the Commissioner of IDEM that the user has become a cross connection hazard, the exemption will be voided, and the user notified.
      (2)   Any change in the process, plumbing, or materials used or stored at an exempted facility must be reported to the utility at least 14 days prior to making the change. Failure to do so may result in a voided exemption.
(Ord. 14-2023, passed 10-23-23)