Loading...
HomeMy WebLinkAboutOrdinance 8987 i ' r - ~- Q ` r ` • e ORDINANCE NO. ~ 7d AN ORDINANCE AMENDING CHAPTER 19, "HEALTH AND SANITATION" OF THE CODE OF THE CITY OF FORT WORTH .(1964), AS AMENDED, BY ADDING SECTIONS 19-438.1 THROUGH 19-438.6; PROVIDING FOR PERMITTING OF CROSS CONNECTIONS BETWEEN PUBLIC AND PRIVATE WATER SUPPLIES; PROMULGATING STANDARDS AND REGULA- TIONS FOR CROSS CONNECTIONS; PROVIDING FOR INSPECTION; PROVIDING FOR DISCONTINUANCE OF SERVICE FOR NONCOMPLIANCE; PROVIDING FOR PERMIT FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABiLITY CLAUSE; PRO- VIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF F1~RT WORTH, TEXAS: SECTION 1. That Chapter 19, "Health and Sanitation" of the Code of the City of Fort Worth, as amended, be amended by adding the following Sections 19-438.1 through 19-438.6, said sections to read as fol- lows: "Sec. 19-438.1. Cross connection standards. "Every connection between a public water supply, pri- vate water supply serving more than two connections or a private water supply used by the public and any other liquid shall be in compliance with Chapter 37 of the City Code and shall be protected as required in the City of Fort Worth Plumbing Code or state law by an air gap or by a cross-connection control device that is approved by the Chief Plumbing Inspector and meets the standards of the American Water Works Association (AWWA) or the American Society of Sanitary Engineers (ABBE). When a commercial building is constructed for which the end use cannot be determined, the Chief Plumbing Inspector shall require a reduced pressure principle device to be installed in order to provide protection of the public water supply in event of the most hazardous use of the building. "Sec. 19-438.2. Inspection. "The Director of Public Health shall cause the in- stalled cross-connection control devices to be inspected and tested at intervals consistent with the degree of hazard involved. Personnel who perform the inspection and testing of cross-connection control devices shall have the right to enter any building or property in Fort Worth, at a reasonable hour, for the purpose of inspecting and test- ing cross-connection control devices. In the event that the inspector is denied entrance to the property or build- ing or is hindered in the performance of his duties of inspecting and testing of cross-connection control de- vices, water service shall be discontinued to that prop- erty until such time as the device can be successfully tested. The City shall not be liable for damage caused to .3 ~' a device being tested that or deteriorated metal that standard testing procedures. is the result of metal fatigue breaks or is damaged under "Sec. 19-438.3. Maintenance. "The upkeep, maintenance and repair of any cross- connection control device installed by a user in a potable water system is the responsibility of the user. The user must ensure that the device is installed and maintained so as to be capable of being tested by an AWWA or ASSE stan- dard testing method. Facilities where the water cannot be turned off for testing the cross-connection control device must be equipped with dual cross-connection devices of the same type so that testing, repair and maintenance can be performed. Failure to repair a cross-connection control device within the time limit specified by the Director of Public Health or his designated representative is a viola- tion of this section. "Sec. 19-438.4. Permit required. "The owner or user of every commercial establishment (defined as all buildings, facilities, structures and real property except private 1, 2, 3 and 4 family residences) required by the Fort Worth Plumbing Code, state law or this ordinance to have a reduced pressure principle or double gate-double check valve device shall have a cur- rent, valid permit issued by the Director of Public Health. Such permit shall be in addition to any other per- mits or fees required for the installation or maintenance of the cross-connection control devices at that location. Permits shall be valid for one year from date of issuance, except that the initial permit for each establishment may be prorated to effect equal permit renewal distribution throughout the year. "Failure to obtain the required permit within thirty (30) calendar days after notification that a permit is re- quired or in the case of permit renewal within thirty (30) calendar days of the renewal date constitutes a violation of this section. "Sec. 19-438.5. Annual permit fees. "The following schedule establishes the fee which shall be paid before the Director of Public Health will issue a permit for a cross-connection control device. "For Reduced Pressure Principle (RP) Devices the fee is one hundred dollars ($100) for the first device. Each additional RP device at the same establishment location is fifty dollars ($50) per device. Double-Gate, Double-Check Valve devices at the same location are twenty-five dollars ($25) each. "At establishment locations that have Double-Gate, Double Check Valve (DGDCV) devices but do not have RP de- vices, the fee is fifty dollars ($50) for the first device and twenty-five dollars ($25) for each additional DGDCV device at the same establishment location. "Sec. 19-438.6. Abatement of hazardous connections. "The director of Public Health may cause a water use survey to be conducted in any building in Fort Worth -2- '~i s~ J ~, ~ Y served by a public water supply or providing water to the public. Upon evidence of a cross-connection or potential cross-connection the Director of Public Health or his rep- resentative shall issue a notice to abate the cross- connection -and install the proper cross-connection control device. A copy of the notice will be forwarded to the Chief Plumbing Inspector. When, in the opinion of the Director of Public Health or his representative, an immi- nent health hazard exists or when the cross-connection has not been abated after notice of ten (10) calendar days, water service to that customer may be discontinued. Water service will not be reinstated until approval has been secured in writing from the Director of Public Health. "Public non-community systems not connected to the municipal water supply that have non-abated cross- connections after ten (10) days' notification or in case of imminent health hazards shall immediately discontinue water use. Continued use after notification to discontinue use of the water system may result in injunctive relief and citations." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs., sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. -3- 'f~ h ~] ~+ ~ f v SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance and this Code shall be fined not more than One Thousand Dollars ($1,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 19 of the Code of the City of Fort Worth or any other ordi- nances affecting cross-connections between public and private water supplies which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordi- nance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, Section No. 1, Section No. 4 and Section No. 8 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, Section No. 1, Section No. 4 and Section No. 8 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -4- ,; ~, ,. ~. s SECTION 8. t This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~, ~~-- City Attorney Date: ~~' Z. "L-~, 3 ADOPTED: ~~-~a'03 EFFECTIVE: -5- MAS FL"R FIr.C 1 i~~ "~i -' ~ ~, CITY MAr.AecR 1 ~ ACCOUNTING 2 .l V1L,'ri.W IL~J/ ® U TRANSPORTATION AUOLIC WORKS-6 y/~ HEALTH DEP. WATER ADMIT City o~ Fort L~orth, texas and ~o~,c~a,~~l Coa~rs.~a.u~a,a~~ta~~e DATE RTMENT 1 REFERENCE NUMBER SUBJECT PAGE 12/6/83 G-5839 Cross Connection Control Ordinance 1 lof` Background ~-. Cross-.connection control devices are installed by water customers whose water use has the potential of allowing "back flow" or "back siphonage'" of contaminated liquid into the public drinking water system. Such protection of the water supply is required by state law and City plumbing ordinances. These cross- connection control devices are tested by City Health Department staff after initial installation and at periodic intervals to ensure that the devices function property to protect the drinking water supply. Approximately 20 percent of these devices fail to pass the standard test procedures established by the American Water Works Association. Current records indicate 1221 devices exist in commercial installations, and 5337 are in residential use Commercial installations generally present the greater hazard The proposed ordinance incorporates the following elements; 1. Requires the Director of Public Health to inspect for cross-connections and test the control devices as often as necessary to protect the public water supply. 2. Establishes an annual permit fee for commercial users of cross-connection control devices. ANNUAL PERMIT FEE Reduced Pressure Device at one location, first device $100 Additional RP Devices same location, each 50 Double-check Valve Devices same location, each 25 Double-check Valve Device at one location (No RP), first device 50 Additional Double-check Valve Devices, each 25 3. Provides for a fine of up to $1000 for failure to install or properly main- tain a cross-connection control device 4 Provides that water service may be terminated to a customer in the event of an immediate health hazard or when a cross-connection device is of in- ~ stalled or maintained after appropriate notice. APPROVED 81 CITY COUNCIL Recommendation It is recommended that the City Council approve the attached~~~os~-c~ii~ection ordinance, as outlined above. Q ,~/ ~(~=~i1'l~~-c,,,;.A' VS : kc City Ssczecazy o.: S HE CITY MANAGER'S bISPOSITION BY COUNCIL: PROCESSED BY r~FFICE BY ^ APPROVED ORIGINATING Dr. B. Ta 1or DEPARTMENT HEAD y r' OTHER (DESCRIBE) : ___ CITY SECRETARY CONTACTiIONAL INFORMA7iUNar~es Vaught Ext. 7254 1. C1 " D 90 7 D AT E