HomeMy WebLinkAboutOrdinance 20403-09-2012Ordinance No. 20403 -09 -2012
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH (1986), AS AMENDED, CHAPTER 12.5 "ENVIRONMENTAL
PROTECTION AND COMPLIANCE ", ARTICLE V, "PUBLIC
DRINKING WATER ", DIVISION III, "CROSS CONNECTION
CONTROL ", SUBDIVISION " BACKFLOW PREVENTION ASSEMBLY
TESTERS ", AMENDING SECTIONS 12.5 -548 AND 12.5 -549 AND
ADDING SECTION 12.5 -550; RESERVING SECTIONS 12.5 -551
THROUGH 12.5 -554; AMENDING TABLE 106.6.2(1) OF CHAPTER 26,
"PLUMBING CODE "AND REVISING THE FES FOR TESTING AND
INSPECTING BACKFLOW PREVENTION ASSEMBLIES;
"PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth ( "City ") must comply with Texas Administrative Code, Title
30, Chapter 290, Subchapter D, "Rules and Regulations for Public Water Systems";
WHEREAS, the City must also comply with Texas Health and Safety Code, Chapter 341,
Subchapter C, "Sanitary Standards of Drinking Water; Protection of Public Water Supplies and
Bodies of Water";
WHEREAS, the City's Water Department is tasked with the responsibility of protecting the public
water supply from contamination due to backsiphonage or backflow from non - domestic uses of
potable water;
WHEREAS, user fees approved by the City Council will be used to offset the cost of the
Backflow /Cross - Connection Program; and
WHEREAS, third party backflow prevention assembly testers need to comply with updated
standards while working within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH:
SECTION 1.
Chapter 12.5 "Environmental Protection and Compliance", Article V "Public Drinking Water",
Division III "Cross Connection Control", Subdivision "Backflow Prevention Assembly Testers"
shall be amend Sections 12.5-558 and 12.5-559 and include Section 12.5-550 to read as follows:
Section 12.5-548. — Required License for a Backilow Prevention Assembly Tester
(a) No person may operate as a backflow prevention assembly tester within the city unless that
person has been licensed by the Conumssion and has registered with the city as required in
Section 12.5-549.
(b) A person commits an offence if the person changes the design or operation characteristics of a
backflow prevention assembly.
(c) A person commits an offense if the person knowingly operates as a backflow prevention
assembly tester within the city without a valid license issued by the Commission.
Section 12.5-549. — Required Registration of A Certified Backflow Prevention
Assembly Tester
(a) A person licensed by the Commission must then register with the Water Department to
operate as a test backflow prevention assembly tester within the City; and must pay a backflow
prevention assembly tester registration fee and other applicable fees, as approved by the City
Council, which may be amended from time to time.
(b) A registration shall remain in effect for a period of one year, provided:
(1) The tester maintains eligibility for registration as provided for in this chapter and
license by the Commission;
(2) The tester pays the registration fee as approved by City Council; and
(3) Registration is not revoked pursuant to Section 12.5-550(c) by the director.
(c) Upon application for registration, a person must:
(1) Provide evidence to the director to establish that the applicant has available the
necessary tools and equipment to properly test backflow prevention assemblies and
identify all test gauges the applicant will use in testing backflow prevention assemblies;
(2) Provide evidence to the director that the applicant has successfully completed "Permit
Confined Space Entry Training" as specified by federal Occupational Safety and Health
Agency's 29 CFR 1910.146;
(3) Provide a copy of the person's valid driver's license;
Backflow Prevention Assembly Tester Ordinance Ordinance No. 20403-09-2012
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(4) Provide a copy of the person's valid license from the Commission;
(5) Provide documentation showing that the tester has maintained liability insurance
described in Section 12.5- 550(c);
(6) Provide a copy of the annual gauge calibration sheet;
(7) Provide copies of a valid Sprinkler Certificate of Registration and Responsible
Managing Employee licenses;
(8) Provide proof of general commercial liability insurance and automobile liability
insurance with the following minimum limits: two hundred fifty thousand dollars
($250,000.00) per person and five hundred thousand dollars ($500,000.00) per accident
for bodily injury and one hundred thousand dollars ($100,000.00) per accident for
property damage, or five hundred thousand dollars ($500,000.00) if combined; and
(9) Any other documentation as requested by the director.
Section 12.5 -550. — Requirements to Become a Registered Certified Backflow Prevention
Assembly Tester
(a) To be eligible to register as backflow prevention assembly tester, a person must meet the
following requirements:
(l ) Have a high school diploma, or equivalent;
(2) Meet all requirements as required by the commission, including attending commission
approved backflow prevention assembly tester certification classes;
(3) Successfully pass a written examination conducted by the city or its designee; and
(4) Successfully pass a hands -on proficiency examination conducted by the city or its
designee.
(b) To maintain registration as a backflow prevention assembly tester, a person must
(1) Maintain insurance as required in Section 12.5- 549(c)(8);
(2) Annually have each registered test gauge tested for accuracy and calibrated to
maintain a two percent (2 %) accuracy factor and submit this information to the director
within three (3) working days of the calibration;
(3) Perform competent and accurate certifications of each backflow prevention assembly
tested. A test report and administrative fee for each tested assembly shall be submitted as
requested by the director. Test reports that are incomplete, inaccurate, or illegible shall
not be accepted and will be returned for resubmission; and
(4) List registered serial numbers of test gauges on tests and maintenance reports prior to
submitting them to the director.
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(c) After notice and hearing pursuant to Section 12.5-119 of this chapter, the director may revoke
a registration if the director determines that the tester:
(I ) Has made false, incomplete, or inaccurate assembly testing reports;
(2) Has used inaccurate gauges;
(3) Has used improper testing procedures;
(4) Has expired insurance;
(5) .1s not in compliance with safety regulations;
(6) Has failed to register the serial numbers of his /her test kits or failed to calibrate
gauges annually; or
(7) Has failed to maintain a license from the Commission, has failed to pay fees as
required by this ordinance, or has violated any other provision of this section.
(d) A person commits an offense if the person operates as a backflow prevention assembly tester
within the city without a valid registration issued by the director.
Sections 12.5 -551 through 12.554 shall be reserved.
SECTION 2.
Chapter 26 "Plumbing Code ", Section 26 -2(b), Part 2, Table 106.6.2(1) shall be amended to change
the term "Each Lawn Sprinkler System " to be "Sprinkler Backllow prevention Assembly "; and to
change the fee for "Backflow Preventer" to be $31.31.
SECTION 3.
CUMULATIVE PROVISIONS
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort
Worth, Texas (1.9$6), as amended, except where the provisions of this ordinance are in direct conflict
with the provisions of such ordinances and such Code, in which event conflicting provisions of such
ordinances and such Code are hereby repealed.
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SECTION 4.
SEVERABILITY CLAUSE
It is hereby declared N be the intention of the City Council that the phrase, clause, sentence,
paragraph or section of this ordinance are severable and, if any phrase, clause, sentence, paragraph or
soodou of this on6iuu000 xbaU be declared uoo*outik4iooa) by the valid judgment or decree of any
court of competent jurisdiction, sucli unconstitutionality shall not affect any of the remaining phrases,
ubmocs, aooteocea` paragraphs and mnodonm of this ordinance, since the auom vv"u|d have been
enacted by the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph orsection.
SECTION S.
PENALTY CLAUSE
Any person, firm or corporation who violates, disobeys, ornits, neglects or refuses to comply with
or who resists the enforcement of any of the provisions of this ordinance sbuJ| be fined not more
than two thousand dollars ($Z,000.O0) for each offense. Each day that u violation ia permitted (n
exist ubuU constitute separate offense,
SECTION 6.
RIGHTS AND REMEDIES
All rights arid remedies of the City ofFoil Worth, Texas, are expressly saved as oo ally and all
violations of the provisions of the ordinances amended herein, which have accrued at the time of
the effective date oItbix ordinance uocL as to such accrued vio|odmuo and all pending litigation,
both civil and criminal, whether pending iu court or not, under such ordinances, same shad not ho
affected 6yth-iu ordinance but may beprosecuted until final disposition by the courts.
SECTION 7.
P0BLWCATXON
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption of this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized
by Section 2' Chapter XXVofthe Charter ofthe City o[ Fort Worth, Texas and 6y Section 52,O)3,
Texas Local Government Code.
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SECTION 8.
EFFECTIVE DATE
This ordinance will take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Christa R. Re'ynolds
Sr. Assistant City Attorney
Adopted and Effective:
Backflow Prevention Assembly Tester Ordinance Ordinance No. 20403-09-2012
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C ��
xu ��x Fort Worth., Texas
Mayor Council 0 �°� � ���
N�N���^�� ���� N=�����NN N�/�������N�� Non
COUNCIL ACTIOW Approved on 9/18/2012 ~ Ordinance 'No.
DATE: Tuesday, September 18.2O12 REFERENCE NO.: E-17878
LOG NAK8E:OOBACKFUOVV
.
Establish an Annual Fee for Backflow Tester Registration, a Fee for Submittal of Backflow Prevention
Assembly Test Sheets and Amending the Existing Fee Asmmoi@h*d with Inspection and Testing ofBankDovv
Prevention Assemblies in Chapter 12.5 and Chapter 26 of the City Code Effective January 1, 2013 and
Amending Sections 12.5-548 and 12.5-548 and Adding Section 12.5-550 (ALL COUNCIL DISTRICTS)
|tis recommended that the City Council adopt the attached ordinance amending Chapter 20-2(b),Table
106.6.2(l) and Chapter 12.5. Article V. Sections 12.5-548' and 12.5-549 and adding Section 12.5-550 of
the City Code to establish fees for backflow prevention assembly tester registration and backflow
prevention assembly test sheets, amend existing fees for inspection and testing, and to clarify the
DISCUSSION: requirements for backflow prevention assembly testers,
Federal and State regulations require water surveyors to protect water systems from back siphoning and
cross-connection. For this reason, the Water Department BankMowand Cross-Connection Program was
initiated in1088hn inspect irrigation systems baokOow prevention assemblies and bo protect the City's
water distribution system from contamination. The program currently requires the inotaUaUon, testing and
inspection of backflow prevention assemblies at industrial, commercial and residential facilities as required
by the Texas Commission on Environmental Quality.
Industrial and commercial facilities are required to have third parties to perform an annual testing of
beokUow prevention assemblies and submit the test sheets ho the City. All third party testers must Ue
registered with the City and maintain minimum certification requirements.
The Water Department staff conducted an internal review of cost associated with the administration of Fort
Worth's Backflow and Cross-Connection Program and determined that the department was not recovering
its cost. Thenyhona' to recover the ongoing cost ofimplementing this program the hz||om/ing BaokUow Fee
Structure iorecommended. Fee changes were presented tothe Development Advisory Committee on
August 14, 2012. The effective dates for the new and amended rates will be January 1, 2013.
The language has been updated in Sections 12.5 548 and 54&of the City Code to reflect current
requirements for third party tackOmwassembly testers. The Water Department will modify its backOmwfee
structure as described below:
Loguunuo: 60Q/\CK.FLOW Pagel of2
DESCRIPTION OF FEES
Backflow Prevention Inspection
bmittal of Backflow Test sheet
Registration Fee for Licensed
Backflow Testers
CURRENT'PROPOSED
FEE FEE
None $ 15.00
None $100.00
ORDINANCE SECTION
Chapter 26-2(b) Table
106.6.2(l)
Chapter" 12.5 Sectio n 549
(a) and (b)
Chapter 12.5 Section 549
(a) and (b)
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that the Water Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/Account/Centers
PE45 422512 0601000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
MR
FROM Fund/Account/Centers
Fernando Costa (6122)
S. Frank Crumb (8207)
Steven Nutter (8291)
Logname: 60BACKFLOW Page 2 of 2