HomeMy WebLinkAboutDDW-2024-012250VINEYARD
ORDINANCE 2024-12
A ORDINANCE OF THE VINEYARD CITY COUNCIL AMENDING MUNICIPAL
CODE TITLE 7 PUBLIC UTILITIES ADDING SECTION 7.06.050 CROSS
CONNECTION CONTROL REQUIREMENTS AND ADDING CHAPTER 8.06
CROSS CONNECTION CONTROL REQUIREMENTS.
WHEREAS, the City of Vineyard (the “City”) is committed to protecting the public
health, safety, and welfare of its residents by ensuring the safety of its public drinking water
system; and
WHEREAS, cross connections between potable and non-potable water systems can
pose significant risks of contamination or pollution to the public drinking water system through
backflow incidents; and
WHEREAS, the State of Utah requires compliance with Section R309.105.12 of the
Utah Administrative Code and the current Utah Plumbing Code to prevent contaminants or
pollutants from entering the public water system; and
WHEREAS, the Vineyard City Council has determined that adopting a Cross
Connection Control Ordinance is necessary to ensure reasonable diligence in preventing
backflow contamination, to comply with state regulations, and to safeguard the public water
system; and
WHEREAS, the proposed Cross Connection Control Ordinance establishes
procedures and responsibilities for the City, the Consumers, and Certified Technicians to
eliminate or control cross connections and to ensure that backflow prevention assemblies are
properly installed, tested, and maintained.
NOW THEREFORE, be it ordained by the Council of the Vineyard, in the State of
Utah, as follows:
SECTION 1: ADOPTION “7.06.050 Cross Connection Control
Requirements” of the Vineyard Municipal Code is hereby added as follows:
A D O P T I O N
7.06.050 Cross Connection Control Requirements(Added)
For Cross Connection Control Requirements refer to Chapter 8.06.
SECTION 2: ADOPTION “8.06 Cross Connection Control Requirements”
of the Vineyard Municipal Code is hereby added as follows:
A D O P T I O N
8.06 Cross Connection Control Requirements(Added)
Purpose
This ordinance protects Vineyard City's water supply from contamination or pollution due to
any existing or potential cross-connections. It ensures that approved backflow prevention
assemblies are tested upon installation and at least annually thereafter. This ordinance complies
with Section R309.105 titled “Administration: General Responsibilities of Public Water
Systems” of the Utah Public Drinking Water Rules (UPDWR) and the current Plumbing Code,
adopted by the State of Utah.
The installation or maintenance of any unprotected cross connection that endangers Vineyard
City's (the “City”) water supply is prohibited. Any such cross connection, whether existing or
installed in the future, is declared unlawful and must be immediately protected or eliminated.
The control or elimination of cross connections and determining the degree of hazard and
appropriate protection levels shall comply with the Plumbing Code adopted by the State of
Utah and the UPDWR. Water service to any premises is contingent upon the customer
providing appropriate cross connection control, if necessary. The City’s Public Works Water
Manager, or designee, in conjunction with the City’s Building Official, or designee, shall
determine and enforce this. Water service may be refused or terminated to any premises where
an unprotected cross connection poses a risk of contamination or backflow into the public
drinking water system.
Authorized City employees, with proper identification, shall have access to all areas of any
premises receiving drinking water from the City for hazard assessment surveys. Water service
may be refused or terminated, or maximum backflow protection required, if access for such
surveys is denied, unprotected cross connections are found, or installed assemblies are not
tested and maintained as required by state and local regulations.
Before terminating water service, the City will follow due process by notifying the consumer
in writing and providing reasonable time t, ten (10) business days, to comply. In the event of an
actual backflow incident which is determined to be an immediate endangerment to public
health, then water service shall be terminated immediately and restored only after the cross
connection is eliminated or adequately protected as determined by the City.
SECTION 3: ADOPTION “8.06.010 Purpose Of Ordinance” of the
Vineyard Municipal Code is hereby added as follows:
A D O P T I O N
8.06.010 Purpose Of Ordinance(Added)
A.Purpose of Ordinance:
1.To protect the public drinking water supply of Vineyard City (the “City”) from
contamination or pollution by requiring compliance with the Utah State Rules
for Public Drinking Water Systems (PDWS) and the Utah Plumbing Code, as
adopted by the State of Utah. Compliance with these codes ensures reasonable
diligence in preventing contaminants or pollutants from backflowing into the
public drinking water system.
2.To promote the reasonable elimination or control of cross connections in
plumbing fixtures and industrial piping systems, as required by state and
plumbing regulations, to ensure water system safety.
3.To administer an ongoing backflow prevention program that systematically
assesses risks and effectively prevents contamination or pollution of the
drinking water system.
B.Responsibility: Drinking Water Purveyor
1.The City’s Public Works Department, Environmental Utilities Division, which
includes water and sewer, is responsible for providing for drinking water and
protecting the drinking water distribution system from conditions that could
cause contamination or pollution of the water supply due to backflow.
2.Surveys or inspections of the consumer’s water distribution systems shall be
conducted by certified individuals representing the City. Records of these
surveys will indicate compliance with the State of Utah regulations and will be
maintained by the City..
3.The City shall schedule and notify all consumers in writing of the need for
periodic system surveys to ensure compliance with applicable health and
safety standards.
4.The selection of an approved backflow prevention assembly for containment
control at the service entrance will be based on the results of the system
survey.
C.Responsibility: Consumer
1.Consumers must comply with this ordinance as a term and condition of water
supply. By accepting water service, consumers acknowledge their
responsibility as water system users.
2.Consumers are responsible for purchasing, installing, testing, and maintaining
any backflow prevention device or assembly required by this ordinance.
Failure to comply will result in discontinuation of service.
D.Responsibility: Building Official
1.The Building Official is responsible for enforcing the applicable sections of
the current Plumbing Code, beginning at the point of service (downstream of
The Building Official is responsible for enforcing the applicable sections of
the current Plumbing Code, beginning at the point of service (downstream of
the meter) and throughout the consumer’s water system.
2.The Building Official, or designee, will require that all plans are reviewed to
ensure that unprotected cross connections are not part of the consumer’s water
system. If a cross connection cannot be eliminated, it must be protected by an
air gap or approved backflow prevention device, in accordance with the
current Plumbing Code and other Rules as adopted by the State of Utah.
E.Responsibility: Certified Backflow Technician, Surveyor, or Repair Person
1.Whether employed by the consumer or the utility, the Certified Backflow
Technician, Surveyor, or Repair Person will be responsible for:
a.Using acceptable testing equipment and procedures.
b.Reporting testing and repairs to the consumer and the water purveyor.
c.Ensuring replacement parts are of equal quality to the original.
d.Not altering the assembly's design or operational characteristics.
e.Performing all tests and reporting results accurately.
f.Keeping testing equipment in proper condition and ensuring licensure
is current.
g.Tagging each backflow assembly with relevant information.
2.In the case of a consumer requiring an assembly to be tested, any currently
State Certified Backflow Technician is authorized to make the test and report
the results to the consumer and the Water Purveyor. Any installation repair or
relocation shall be done by individuals having appropriate licensure from the
state’s department of licensing.
SECTION 4: ADOPTION “8.06.020 Definitions” of the Vineyard Municipal
Code is hereby added as follows:
A D O P T I O N
8.06.020 Definitions(Added)
A.Approved Backflow Assembly: A backflow prevention assembly that is accepted by
the Utah State Department of Environmental Quality, Division of Drinking Water, as
The Building Official is responsible for enforcing the applicable sections ofthe current Plumbing Code, beginning at the point of service (downstream ofthe meter) and throughout the consumer’s water system.2.The Building Official, or designee, will require that all plans are reviewed toensure that unprotected cross connections are not part of the consumer’s watersystem. If a cross connection cannot be eliminated, it must be protected by anair gap or approved backflow prevention device, in accordance with thecurrent Plumbing Code and other Rules as adopted by the State of Utah.E.Responsibility: Certified Backflow Technician, Surveyor, or Repair Person1.Whether employed by the consumer or the utility, the Certified BackflowTechnician, Surveyor, or Repair Person will be responsible for:a.Using acceptable testing equipment and procedures.b.Reporting testing and repairs to the consumer and the water purveyor.c.Ensuring replacement parts are of equal quality to the original.d.Not altering the assembly's design or operational characteristics.e.Performing all tests and reporting results accurately.f.Keeping testing equipment in proper condition and ensuring licensureis current.g.Tagging each backflow assembly with relevant information.2.In the case of a consumer requiring an assembly to be tested, any currentlyState Certified Backflow Technician is authorized to make the test and reportthe results to the consumer and the Water Purveyor. Any installation repair orrelocation shall be done by individuals having appropriate licensure from thestate’s department of licensing.SECTION 4: ADOPTION “8.06.020 Definitions” of the Vineyard MunicipalCode is hereby added as follows:A D O P T I O N
8.06.020 Definitions(Added)
A.Approved Backflow Assembly: A backflow prevention assembly that is accepted by
the Utah State Department of Environmental Quality, Division of Drinking Water, asthe Utah State Department of Environmental Quality, Division of Drinking Water, as
meeting the required specifications for its intended use.
B.Auxiliary Water Supply: Any water supply available on the premises other than the
purveyor's public water supply. This includes natural sources like wells, springs,
rivers, streams, and any other non-public water supply. Auxiliary supplies could be
contaminated or pose a risk of pollution, and are outside the purveyor’s control.
C.Backflow: The reverse flow of water or other substances into the water distribution
system due to either back-pressure or back-siphonage.
D.Back-Pressure: When water or other substances flow from a region of high pressure to
a region of lower pressure, potentially allowing contamination to enter the potable
water supply.
E.Back-Siphonage: A vacuum condition that allows water or other substances to be
drawn into the potable water system from an unintended source, usually caused by a
drop in pressure in the potable system.
F.Backflow Prevention Assembly: A device or assembly designed to prevent backflow
into the potable water system. Specifications for these devices are outlined in the Utah
Plumbing Code and the Cross Connection Control Program for Utah.
G.Consumer: The property owner, person or entity that has the title to the property,
recorded in their name. This may include corporations, governments, partnerships, sole
proprietorships, and other legal types.
H.Contamination: Any degradation in the quality of potable water, which could include
sewage, industrial waste, or other materials that pose a health risk.
I.Cross Connection: Any physical connection between potable water systems and non-
potable systems that could allow non-potable water or contaminants to enter the
drinking water system. This includes temporary or permanent arrangements, such as
removable sections of pipe, swing connections, dummy sections, or other devices.
J.Cross Connection-Controlled: A connection between a potable water system and a
non-potable water system with an approved backflow prevention assembly properly
installed and maintained so that it will continuously afford the protection
commensurate with the degree of hazard.
K.Cross Connection-Containment: The installation of a backflow prevention assembly at
the water service connection to a premises when it is either impractical or impossible to
eliminate all cross-connections within the property. This assembly prevents
contaminants from backflowing into the public water system.
L.Water Purveyor: The entity or designee designated to oversee the Environmental
Utilities Division of Vineyard City. This person is responsible for implementing the
cross-connection control program and enforcing the provisions of this ordinance.
SECTION 5: ADOPTION “8.06.030 Requirements” of the Vineyard
Municipal Code is hereby added as follows:
A D O P T I O N
the Utah State Department of Environmental Quality, Division of Drinking Water, asmeeting the required specifications for its intended use.B.Auxiliary Water Supply: Any water supply available on the premises other than thepurveyor's public water supply. This includes natural sources like wells, springs,rivers, streams, and any other non-public water supply. Auxiliary supplies could becontaminated or pose a risk of pollution, and are outside the purveyor’s control.C.Backflow: The reverse flow of water or other substances into the water distributionsystem due to either back-pressure or back-siphonage.D.Back-Pressure: When water or other substances flow from a region of high pressure toa region of lower pressure, potentially allowing contamination to enter the potablewater supply.E.Back-Siphonage: A vacuum condition that allows water or other substances to bedrawn into the potable water system from an unintended source, usually caused by adrop in pressure in the potable system.F.Backflow Prevention Assembly: A device or assembly designed to prevent backflowinto the potable water system. Specifications for these devices are outlined in the UtahPlumbing Code and the Cross Connection Control Program for Utah.G.Consumer: The property owner, person or entity that has the title to the property,recorded in their name. This may include corporations, governments, partnerships, soleproprietorships, and other legal types.H.Contamination: Any degradation in the quality of potable water, which could includesewage, industrial waste, or other materials that pose a health risk.I.Cross Connection: Any physical connection between potable water systems and non-potable systems that could allow non-potable water or contaminants to enter thedrinking water system. This includes temporary or permanent arrangements, such asremovable sections of pipe, swing connections, dummy sections, or other devices.J.Cross Connection-Controlled: A connection between a potable water system and anon-potable water system with an approved backflow prevention assembly properlyinstalled and maintained so that it will continuously afford the protectioncommensurate with the degree of hazard.K.Cross Connection-Containment: The installation of a backflow prevention assembly atthe water service connection to a premises when it is either impractical or impossible toeliminate all cross-connections within the property. This assembly preventscontaminants from backflowing into the public water system.L.Water Purveyor: The entity or designee designated to oversee the EnvironmentalUtilities Division of Vineyard City. This person is responsible for implementing thecross-connection control program and enforcing the provisions of this ordinance.
SECTION 5: ADOPTION “8.06.030 Requirements” of the Vineyard
Municipal Code is hereby added as follows:
A D O P T I O NADOPTION
8.06.030 Requirements(Added)
A.Policy:
1.Water Service Protection: Water service connections to any premises shall not
be installed or maintained unless the water supply is protected as required by
state laws and regulations. If backflow prevention is not installed, tested, and
maintained, or if there are unprotected cross-connections, water service will be
discontinued after proper written notification and a grace period for voluntary
compliance.
2.Inspection Access: The customer’s water system must be accessible for
inspection by authorized representatives of the water purveyor. These
inspections are necessary to identify cross-connections or other sanitary
hazards and to audit the results of required surveys, as per R309.105.12 titled
“Cross Connection Control” of the Utah Administrative Code.
3.Backflow Prevention at Service Connection: When the water purveyor
determines that a service connection poses a significant hazard to the water
supply, an approved backflow prevention assembly must be installed. This
device should be placed at or near the property line or immediately inside the
building being served, before the first branch line from the service connection.
4.Type of Backflow Protection: The type of backflow prevention assembly
required depends on the degree of hazard identified at the point of cross-
connection. The level of protection must comply with state and local
requirements based on the results of the required survey.
5.Existing Backflow Prevention Devices: Backflow prevention assemblies that
were installed and approved at the time of installation but do not meet current
standards may continue to be used, provided they have been properly
maintained and continue to protect the public water system. However, if a unit
needs significant maintenance, is moved, or presents a health hazard, it must
be replaced with a compliant assembly.
6.Annual Testing: Consumers are responsible for having certified inspections
and operational tests of backflow prevention assemblies performed annually at
their own expense. The water purveyor may require more frequent inspections
if the hazard is deemed significant.
7.Testing After Installation: Backflow prevention assemblies must be tested
within ten (10) working days of installation.
8.No Installation in Hazardous Locations: Backflow prevention assemblies must
not be installed in locations that create a safety hazard, such as over electrical
panels, steam pipes, or boilers, or above ceiling levels.
B.Violation of Policy: A violation of this ordinance occurs when the consumer does not
take corrective action within ten (10) days of written notification regarding deficiencies
noted in a survey or test results. In such cases, the water purveyor may deny or
immediately discontinue service by physically breaking the service line. Service will
only be restored once the customer corrects the issue in compliance with state and
local regulations, as well as the provisions of this ordinance.
A D O P T I O N8.06.030 Requirements(Added)A.Policy:1.Water Service Protection: Water service connections to any premises shall notbe installed or maintained unless the water supply is protected as required bystate laws and regulations. If backflow prevention is not installed, tested, andmaintained, or if there are unprotected cross-connections, water service will bediscontinued after proper written notification and a grace period for voluntarycompliance.2.Inspection Access: The customer’s water system must be accessible forinspection by authorized representatives of the water purveyor. Theseinspections are necessary to identify cross-connections or other sanitaryhazards and to audit the results of required surveys, as per R309.105.12 titled“Cross Connection Control” of the Utah Administrative Code.3.Backflow Prevention at Service Connection: When the water purveyordetermines that a service connection poses a significant hazard to the watersupply, an approved backflow prevention assembly must be installed. Thisdevice should be placed at or near the property line or immediately inside thebuilding being served, before the first branch line from the service connection.4.Type of Backflow Protection: The type of backflow prevention assemblyrequired depends on the degree of hazard identified at the point of cross-connection. The level of protection must comply with state and localrequirements based on the results of the required survey.5.Existing Backflow Prevention Devices: Backflow prevention assemblies thatwere installed and approved at the time of installation but do not meet currentstandards may continue to be used, provided they have been properlymaintained and continue to protect the public water system. However, if a unitneeds significant maintenance, is moved, or presents a health hazard, it mustbe replaced with a compliant assembly.6.Annual Testing: Consumers are responsible for having certified inspectionsand operational tests of backflow prevention assemblies performed annually attheir own expense. The water purveyor may require more frequent inspectionsif the hazard is deemed significant.7.Testing After Installation: Backflow prevention assemblies must be testedwithin ten (10) working days of installation.8.No Installation in Hazardous Locations: Backflow prevention assemblies mustnot be installed in locations that create a safety hazard, such as over electricalpanels, steam pipes, or boilers, or above ceiling levels.B.Violation of Policy: A violation of this ordinance occurs when the consumer does nottake corrective action within ten (10) days of written notification regarding deficienciesnoted in a survey or test results. In such cases, the water purveyor may deny orimmediately discontinue service by physically breaking the service line. Service will
only be restored once the customer corrects the issue in compliance with state and
local regulations, as well as the provisions of this ordinance.
SECTION 6: ADOPTION “8.06.040 Conclusion” of the Vineyard Municipal
Code is hereby added as follows:
A D O P T I O N
8.06.040 Conclusion(Added)
The Cross Connection Control Ordinance ensures that Vineyard City's drinking water system
remains free from contamination by enforcing strict compliance with state regulations and
requiring the installation of approved backflow prevention assemblies. The ordinance defines
the responsibilities of the water purveyor, consumers, and certified technicians, and outlines the
procedures for preventing, testing, and resolving cross connections.
SECTION 7: REPEALER CLAUSE All ordinances or resolutions or parts
thereof, which are in conflict herewith, are hereby repealed.
SECTION 8: SEVERABILITY CLAUSE Should any part or provision of
this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the Ordinances a whole or any part thereof other than the part so
declared to be unconstitutional or invalid.
SECTION 9: EFFECTIVE DATE This Ordinance shall be in full force and
effect from 10/09/2024 and after the required approval and publication according to law.
SECTION 6: ADOPTION “8.06.040 Conclusion” of the Vineyard MunicipalCode is hereby added as follows:A D O P T I O N8.06.040 Conclusion(Added)The Cross Connection Control Ordinance ensures that Vineyard City's drinking water systemremains free from contamination by enforcing strict compliance with state regulations andrequiring the installation of approved backflow prevention assemblies. The ordinance definesthe responsibilities of the water purveyor, consumers, and certified technicians, and outlines theprocedures for preventing, testing, and resolving cross connections.SECTION 7: REPEALER CLAUSE All ordinances or resolutions or partsthereof, which are in conflict herewith, are hereby repealed.SECTION 8: SEVERABILITY CLAUSE Should any part or provision ofthis Ordinance be declared by the courts to be unconstitutional or invalid, such decision shallnot affect the validity of the Ordinances a whole or any part thereof other than the part sodeclared to be unconstitutional or invalid.SECTION 9: EFFECTIVE DATE This Ordinance shall be in full force andeffect from 10/09/2024 and after the required approval and publication according to law.
AYE NAY ABSENT ABSTAIN
Mayor Julie Fullmer
Sara Cameron
Jacob Holdaway
Amber Rasmussen
Mardi Sifuentes
PASSED AND ADOPTED BY THE VINEYARD COUNCIL OCTOBER 09, 2024.
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Presiding Officer
Attest
Julie Fullmer, Mayor, Vineyard Pamela Spencer, City Recorder,
Vineyard