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HomeMy WebLinkAbout2964 Water Regulation ORDINANCE NO. J9 loY AN ORDINANCE RELATING TO WATER REGULATION AND CROSS CONNECTION, AND REPEALING ORDINANCE 2773. Annotated to show deletions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, the City of Ashland wishes to update its water regulation and cross connection ordinance, and WHEREAS, the water regulation provisions should be codified into the Ashland Municipal Code. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Sections 14.05.010 [Definitions] through 14.05.120 [Penalties] are hereby added to read as follows: 14.05.010 Definitions. A. Administrator: the City Administrator for the City of Ashland. B. Applicant: an individual firm. corporation. or authorized aaent applyina for water service. ' C. AMC: the Ashland Municipal Code. D. Approved Air Gap (AG): a physical separation between the free-flowina discharae end of a potable water supply pipeline and an open or non- pressurized receivino vessel. An "Approved Air Gap" shall be at least twice the diameter of the supply pipe measured vertically above the overflow rim of the vessel and in no case less than 1 inch (2.54 cml. and in accord with Oreaon Plumbina Specialty Code. E. Approved Backflow Prevention Assembly: a Reduced Pressure Principle Backflow Prevention AssemblY. Reduced Pressure Principle-Detector Backflow Prevention Assembly. Double Check Valve Backflow Prevention Assembly. Double Check-Detector Backflow Prevention Assembly. Pressure Vacuum Breaker Backsiphonaae Prevention Assembly. or Spill- Resistant Pressure Vacuum Breaker Backsiphonaae Prevention Assembly, of a make. model. orientation, and size approved by the Department. Assemblies listed in the currently approved backflow prevention assemblies list developed by the University of Southern California. Foundation for Cross-Connection Control and Hydraulic Research, or other testina laboratories usina equivalent testina methods, are considered approved by the Oreaon Department of Human Services. F. Backflow: the flow of water or other liquids. mixtures. or substances into the distributina pipes of a potable supply of water from any sources other Page 1 of 15 than its intended source. and is caused by backsiphonaae or backpressure. G. Backflow Prevention Assembly: a backflow prevention assembly such as a Pressure Vacuum Breaker Backsiphonaae Prevention Assembly. Spill- Resistant Pressure Vacuum Breaker Backsiphonaae Prevention Assembly. Double Check Valve Backflow Prevention Assembly, Double Check- Detector Backflow Prevention Assembly. Reduced Pressure Principle Backflow Prevention Assembly. or Reduced Pressure Principle-Detector Backflow Prevention Assembly and the attached shutoff valves on the inlet and outlet ends of the assembly. assembled as a complete unit. H. Backpressure: an elevation of pressure downstream of the distribution system that would cause. or tend to cause. water to flow opposite of its intended direction. I. Backsiphonaae: a drop in distribution system pressure below atmospheric pressure (partial vacuum). that would cause. or tend to cause. water to flow opposite of its intended direction. J. Bore-Siahted Drain to Dayliaht: an unrestricted straiaht-line openina in an enclosure that vents to arade. and is sized and constructed to adequately drain the full flow discharae from a reduced pressure principle backflow prevention assembly thus preventina any potential for submersion of the assembly. K. Check Valve: a valve. which allows flow in only one direction. L. City: the City of Ashland. a municipal corporation in the State of Oreaon. M. Contaminant: any physical. chemical. bioloaical. or radioloaical substance or matter in water that creates a health hazard. N. Council: City Council for the City of Ashland. Oreaon. O. Cross Connection: any actual or potential unprotected connection or structural arranaement between the public or user's potable water system and any other source or system throuah which it is possible to introduce into any part of the potable system any used water. industrial fluid. aas. or substances other than the intended potable water with which the system is supplied. Bypass arranaements. iumper connections. removable sections. swivel. or chanae-over devices, and other temporary or permanent devices throuah which. or because of which. backflow can occur are considered to be cross connections. P. Customer: any individual firm or corporation receivina water service from the City. Q. Customer Facilities and/or equipment: facilities and/or equipment located on customer premises used for receivina. controllina. applyina. and/or utilizina City water. R. Customer Control Valve: a valve installed at or near the outlet of water meter for use by customer to control water to premises. S. Director: the Public Works Director or Enaineer for the City of Ashland. T. Distribution System: the network of pipes and other facilities. which are used to distribute water from the source. treatment. transmission. or storaae facilities to the water user. Page 2 of 15 U. Double Check-Detector Backflow Prevention Assembly (DCDA): a specially desianed assembly composed of a line size approved double check valve assembly assembled with a bypass containina a specific water meter and an approved double check valve backflow prevention assembly. The meter shall reaister accurately for only very low rates of flow UP to three aallons per minute and shall show a reaistration for all rates of flow. This assembly is desianed to protect aaainst a non-health hazard. V. Double Check Valve Backflow Prevention Assembly (DC): an assembly of two independently actina approved check valves. includina tiahtly closina resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. This assembly is desianed to protect aaainst a non-health hazard. W. Federal: the United States of America. Environmental Protection Aaency. x. Health Hazard (Contamination): an impairment of the Quality of the water that could create an actual hazard to the public health throuah poisoninQ or throuah the spread of disease by sewaae. industrial fluids. waste. or other substances. Y. Human Consumption: water used for drinkina. personal hyaiene bathina. showerina. cookina. dishwashina and maintainina oral hyaiene. z. Hydrant: a device providina City water for fire protection: examples include fire hydrants and 'standpipes. AA. Local Administrative Authority: the individual official. board. department or aaency established and authorized by a state. county or city to administer and enforce the provisions of the Oreaon State Plumbina Specialty Code as adopted. BB. Non-Health Hazard (Pollution): an impairment of the Quality of the water to a dearee that does not create a hazard to the public health. but does adversely affect the aesthetic Qualities of such water for potable use. CC. OAR: Oreaon Administrative Rules. DD. ODHS: the Oreaon Department of Human Services. EE. Oreaon Plumbina Specialty Code (OPSC): the latest edition of the Uniform Plumbina Code as adopted and/or amended by the State. FF. Point of Delivery (POD): the point of connection between a public water system and the user's water system. Beyond the point of delivery. the Oreaon Plumbina Specialty Code applies. See "Service Connection." GG. Pollutant: a substance that creates an impairment of the Quality of the water to a dearee which does not create a hazard to the public health. but which does adversely affect the aesthetic Qualities of the water. HH. Potable Water: See Safe Drinkina Water. II. Potential Cross Connection: a cross connection that would most likely occur. but may not be takina place at the time of an inspection. JJ. Premises: means real estate and the structures on it. KK. Pressure Vacuum Breaker Backsiphonaae Prevention Assembly (PVB): an assembly consistina of an independently operatina. internally loaded check valve and an independently operatina loaded air inlet valve located on the discharae side of the check valve. This assembly is to be eQuipped Page 3 of 15 with properly located resilient seated test cocks and tiahtly closina resilient seated shutoff valves attached at each end of the assembly. This assembly is desianed to protect aaainst a non-health hazard or a health hazard under backsiphonaae conditions only. LL. Private Water Main: a water main installed by customer to serve customer's premises. A private water main may provide. but is not limited to. private hydrants. private fire protection systems. landscape irriaation. multiple buildinas or customer's eauipment. MM. Private Water System: any water system for water supply other than the City water system. Examples include: wells. sprinas. ponds. streams. and the Talent Irriaation District water. NN. Public Health Hazard: a condition. device or practice which is conducive to the introduction of waterborne disease oraanisms. or harmful chemical. physical. or radioactive substances into a public water system. and which presents an unreasonable risk to health. 00. Public Water System: a system for the provision to the public of piped water for human consumption. if such system has more than three service connections. or supplies water to a public or commercial establishment that operates a total of at least 60 days per year. and that is used by 10 or more individuals per day. Public water system also means a system for the provision to the public of water throuah constructed conveyances other than pipes to at least 15 service connections or reaularly serves at least 25 individuals daily at least 60 days of the year. A public water system is either a "Community Water SYstem." a "Transient Non-Community Water System." a "Non-Transient Non-Community Water System" or a "State Reaulated Water System. " PP. Reduced Pressure Principle Backflow Prevention Assembly (RP): an assembly containina two independently actina approved check valves. toaether with a hydraulically operatina. mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tiahtly closinQ resilient seated shutoff valves at each end of the assembly. This assembly is desianed to protect aaainst a non-health hazard or a health hazard. QQ. Reduced Pressure Principle-Detector Backflow Prevention Assembly (RPDA): a specifically desianed assembly composed of a line size approved reduced pressure principle backflow prevention assembly with a bypass containina a specific water meter and an approved reduced pressure principle backflow prevention assembly. The meter shall reaister accurately for only very low rates of flow UP to three aallons per minute and shall show a reaistration for all rates of flow. This assembly is desianed to protect aaainst a non-health hazard or a health hazard. RR. Reaular Workina Hours: Winter from 8:00am to 4:30pm and summer from 7:00am to 3:30pm. Monday throuah Friday. except holidays. SS. Safe Drinkina Water: water which has sufficiently low concentrations of microbioloaical. inoraanic chemical. oraanic chemical. radioloaical or Page 4 of 15 physical substances so that individuals drinkina such water at normal levels of consumption. will not be exposed to disease oraanisms or other substances which may produce harmful physioloaical effects. TT.Service Connection: the pipina connection by means of which water is conveyed from a distribution main of a public water system to a user's premise. For a community water system. the portion of the service connection that conveys water from the distribution main to the user's property line. or to the service meter. where provided. is under the iurisdiction of the water supplier. UU. Spill Resistant Pressure Vacuum Breaker Backsiphonaae Prevention Assembly (SVB): an assembly containina an independently operatina. internally loaded check valve and independently operatina loaded air inlet valve located on the discharae side of the check valve. The assembly is to be eauipped with a properly located resilient seated test cock. a properly located bleed/vent valve. and tiahtly closina resilient seated shutoff valves attached at each end of the assembly. This assembly is desianed to protect against a non-health hazard or a health hazard under a backsiphonaae condition only. w. Sprina: a naturally occurrina discharae of flowina water at the around surface. or into surface water. Springs can be derived from aroundwater or they can be surface water influenced. ww. State: the State of Oreaon Department of Health and/or Department of Environmental Quality. XX. Surface Water: all water. which is open to the atmosphere and subiect to surface runoff. YV. Temporary Service Connection: a service connection installed for circuses. bazaars. fairs. construction work. or similar short term temporary usaae. the location of such is to be determined by City. ZZ.Vault: an approved enclosure above or below around to house a backflow prevention assembly that complies with the local administrative authority havina iurisdiction. AAA. Water Meter: a device for measuring water flow to water supply line housed in an approved meter box and located between the water service line and water supply line. BBB. Water Meter - Exempt: a water meter as defined above for a use that does not return water to the City of Ashland sanitary sewer system. Such meters will be exempt from sanitary sewer charaes. Examples of exempt meters are meters used for landscapina or a self-contained process such as iuice or soft drink manufacture. CCC. Water Supply Line: a customer owned water line located between water meter and plumbina on the premises. DDD. Water System: the City owned and operated water system. which includes. but is not limited to. water treatment facilities. dams. reservoirs. pumps. water mains. fire hydrants. and appurtenances. 14.05.020 Water Service Connection and Water Meter. Page 5 of 15 A. Water Service Connection. 1) Location. The City shall install the water service connection in a location approved by City. The water service connection shall be installed between the water main and the customer's property line. If Customer reQuests an alternate location on customer's property and City approves the location. an easement to the City shall be provided by customer for location of City approved water service connection or water meter. The Customer will pay all costs. 2) Size. The water service connection size shall be in accordance with OPSC. The minimum size of a water service connection shall be three Quarters inch (3/4") inside diameter. B. Water Meters Includina Exempt Meters. 1) Location. A water meter shall be installed by City at the termination of a water service connection. The water meter shall be located at the property line on public riaht-of-way or public property. If the Customer reQuests an alternate location on customer's property. and City approves the location. an easement to the City shall be provided by customer to allow the City to install the City approved water service connection or water meter. Customer will pay all costs. 2) Size. The water meter size shall be determined by the City based on the OPSC and water meter manufacturer's recommendation. The minimum size meter is three-Quarters inch (3/4") inside diameter. C. Water Meter Accuracy. Customer may reQuest a water accuracy test. Prior to the reQuest beina aranted. customer shall deposit an amount with the City. as established by Council. If the water meter accuracy test is within :!:50/0 of manufacturer's standard. customer shall forfeit deposit. If the water meter accuracy check exceeds :!:5 of manufacturer's standard. City shall install a replacement water meter and deposit shall be refunded to customer. D. Installation Charaes. Installation charaes for water service connections and water meters shall be established by Council. E. System Development Charae (SDC). A reimbursement fee. a public improvement charQe or a combination assessed and collected as specified in Section 4.20.070 of the AMC. F. Access to Service Connection. Customer shall keep premises free from any and all rubbish or material which would prevent City from havina free access to any service connection and/or water meter. G. Ownership and Maintenance. 1) City is the owner of service connection. Authorized City personnel shall install and maintain service connections at City's expense. If a customer damaaes the service. the customer is Page 6 of 15 liable for all costs of repair and/or replacement incurred. and the Customer shall be billed by the City for all the costs. 2) Customer is the owner of the water supply line and is responsible for construction. repair. and maintenance of the water supply line. H. Joint Water Services. City may. at City option. serve two (2) or more premises with one water service connection. The size of a ioint water service connection shall be determined by the City based on OPSC standards and the water meter manufacturer's recommendations. I. Sub-Meters. Sub-meters are water meters installed by customer for the convenience of customer. City will not furnish or read sub-meters. J. Chanae in Size or Location of Water Service Connection and/or Water Meter. A customer reQuestina a chanae in location or size of a water service connection and/or water meter. shall be liable for all costs incurred by City as established by Council. City shall approve all relocations. K. Water Service Connection or Private Water main. City shall discontinue water service when a private water main or supply or private appurtenance(s) are not constructed or properly maintained by the customer in accordance with City. State. or Federal laws and these water reaulations. L. Customer's Control Valve(s). Customer is required to install a control valve which controls the water supply to customer premises. Customer control valve shall be located between the City water meter and the customer water supply line. The purpose of customer control valves is to provide customers with a method of discontinuina water service to their premises. The cost of furnishina and installina customer control valves by the City will be as established by Council. 14.05.030 Temporary Service Connection. A. Time Limit. Temporary service connections shall be disconnected not more than ninety (90) days from the date of installation. An extension may be aranted by the City upon request from the customer. B. Charaes for Installation. The customer shall be required to deposit with the City the followina amounts as established by Council: 1) Estimated cost of installation and removal of temporary service connection. 2) Estimated cost of water served throuah the temporary service connection. 3) Cost equal to the value of the temporary service connection. C. Refund of Charaes for Installation. 1) Refund. If the deposit exceeds the City's costs. the City shall refund the customer deposit less the City's cost of removina the temporary service connection. Page 7 of 15 2) Additional Billina. If the deposit is less than the City's costs. the customer shall pay the additional costs to City. Permanent water supply lines shall not be connected to water service lines until costs are paid in full. D. Charaes for Water Served. Charaes for water shall be based on standard water rates established by Council. E. Responsibility for Temporary Water Service. The applicant and/or customer is responsible for all damaae and/or maintenance reQuired for temporary water service beainnina at the time of installation and endina at the time of removal by City. 14.05.040 Hydrants. A. Use of Hydrants. 1) No person shall tamper. damaae. or use water from a hydrant without first obtainina written approval from the Director or desianee. 2) Some city owned hydrants exist outside the corporate City limits. The use of such hydrants is restricted to City and authorized personnel only. Anyone desirina to use these hydrants must obtain written approval from the Administrator or desianee. B. Relocatina Hydrants. 1) Cost. If an applicant and/or customer reQuests relocation of a fire hydrant the applicant and/or customer shall be liable for all costs incurred. 2) Deposit. A deposit in the amount of estimated costs of relocatina the hydrant shall be reQuired. If the deposit exceeds the actual costs. the applicant and/or customer shall be refunded their deposit less actual cost. If the deposit is less than City's costs. the additional costs shall be due and payable prior to activation of the hydrant. 3) Fire Department Approval. The applicant and/or customer shall receive written approval from the Ashland Fire Department prior to reQuestina relocation of a hydrant. . " 14.05.050 Responsibility for Customer Facilities and/or EQuipment. A. Condition of Customer Facilities. The customer shall install and maintain. in a aood and safe condition. all facilities and/or eQuipment reQuired for receivina. controllina. applyina and/or utilizina City water. The City shall not be liable for any loss or damaae caused by improper installation. nealiaence. want of proper care. wronaful act{s} of customer or customer's tenants. aaents. employees. contractors. licensees. or permittees installina. maintainina. usina. operatina. or interferina with customer's facilities and/or eQuipment. Page 8 of 15 B. Water Service BillinQ Adiustments. No reduction in charaes for water service shall be made for any cause. includina leaks. freezina or similar instances. However. if the customer's facilities and/or eQuipment include facilities that are beyond the customer's control. the customer makes an immediate and diliaent effort to repair the break as soon as possible after its discovery. and circumstances warrant it. such as with a break-in. the City. upon written reQuest by the customer. may make an adiustment to the water service charae. The adiustment shall be based on previous years usaae for the same billina period. Adiustments shall not exceed 500/0 of the difference between current and previous usaae. All adiustments shall be made in accordance with the AMC. C. Damaae to Customer Facilities. The City shall not be responsible for damaae to property caused by customer's facilities and/or eQuipment when. or while. water service is in use by the City for repair or replacement of water mains. water services. or similar City owned and operated facilities relatina to the production. treatment. or distribution of water to the customer's facilities. When possible the City will make a reasonable attempt to notify the customer of such activity. 14.05.060 Backflow Prevention. A. Purpose. The purpose of cross connection and backflow control is to: 1) Protect the public potable water supply of Ashland from contaminants and pollutants by isolatina the customer's internal distribution system(s) or private water system(s) from the backflow of contaminants and pollution into the public water systems. 2) Promote the elimination or control of existina cross connections. actual or potential. between the customer's potable water system and non-potable water system. plumbina fixtures and industrial pipina systems. and 3) Provide for the maintenance of a continuina proaram of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems. B. Cross Connections Reaulated. All current or future cross connection assemblies shall be installed. used. or maintained in accordance with this Chapter. C. Backflow Prevention Assembly ReQuirements. 1) Customers addina chemicals or other substances to City water shall notify the City immediately. 2) Approved backflow prevention assemblies shall be installed at the location service connection. or as determined by the City certified cross connection control inspector. Customer shall be liable for all associated costs. Page 9 of 15 3) Customer's water supply line and plumbina shall be open for City inspection. City authorized representative shall determine if structural or sanitary hazards exist due to cross connection devices. Upon the City's awareness of a hazard. the City shall discontinue service to premises. Water service shall resume followina correction. inspection. and City approval of the customer's corrections. 4) Backflow protection shall be installed when a cross connection exists. The dearee of the hazard shall determine the correction needed. (a) Premises with an auxiliary water supply connected. or intended to be connected. to the City water system shall be protected by an approved air aap separation or an approved reduced pressure principle backflow prevention assembly. The City discouraaes such cross connections because of the hiah potential for backflow into the City water system. The City reserves the riaht to refuse such connections. (b) Premises that contain materials danaerous to health that could enter into the City's water system shall install a an approved air aap separation or an approved reduced pressure principle backflow prevention assembly. (c) Premises usina or storina obiectionable substance not hazardous to health shall protect the City water system by installina an approved backflow prevention assembly. (d) Irriaation systems may be protected by a DCVA. PVB. or RP assembly. (e) When water. aases. chemicals. or foreian substances that may contaminate the public water system as a result of backflow or backsiphonaae are placed in the system. a reduced pressure principle backflow prevention assembly or an air aap separation shall be installed. 5) All City eQuipment usina City water within the City water system shall protect the water with an approved assembly. Examples are street sweepers. fire trucks. and tanker or flusher trucks. 6) Installation of backflow prevention assemblies shall comply with the installation auidelines defined in these rules. 7) Customer shall keep backflow prevention assemblies in aood workina condition at all times. Customer shall have annual inspection and leakaae tests by an individual certified by the State. Additional inspections shall be reQuired when successive inspections indicate failure. Customer shall be financially liable for inspections and tests performed by City or private certified individuals. City shall be responsible for tests beina completed in a timely manner. Defective backflow prevention assemblies shall be repaired. overhauled. or replaced at customer expense. All Page 10 of 15 backflow prevention assembly testina records shall be submitted to the City Records of such tests. repairs. and overhauls shall be maintained by the City. 8) ExistinQ backflow prevention assemblies. which do not meet reQuirements of these rules. but were approved devices at the time of installation. and have been properly maintained. shall. be excluded from the reQuirements of these rules except for the reQuirement in subsection 14.05.060(C)(7). The City water system must be protected in a method as determined by City. Whenever an existina assembly is relocated. the assembly shall meet reQuirements of these reaulations. 9) If internal cross connections are not correctable. or an intricate plumbina arranaement makes it impractical to determine if a cross connection exists. City shall determine what backflow prevention assemblies are reQuired. 10} All installation shall be in accordance with the OPSC. 11) All new construction plans shall be submitted to the Director or desianee for approval. 12) If a backflow prevention assembly is reQuired to accomplish the purpose of these reaulations. installation shall be made by the homeowner. licensed landscape contractor. or licensed plumbina contractor. 13) If an appropriate cross connection application has not be filed with and approved by the City. water service shall be discontinued. 14) Pursuant to the ODHS and OAR Chapter 333. Division 61. an approved Double Check Valve Backflow Prevention Assembly (DC) shall be the minimum backflow protection for fire line services. (a) A Double Check Detector Backflow Prevention Assembly (DCDA) is reQuired by City. (b) Systems that incorporate an antifreeze loop containina any type of chemical shall have an approved Reduced Pressure Principle Backflow Prevention Assembly installed on the antifreeze loop. D. Installation ReQuirements. To ensure proper operation and accessibility of all backflow prevention assemblies. the followina is reQuired: 1) No part of the backflow prevention assembly shall be submeraed or installed in a location subiect to floodina. If a backflow prevention assembly is installed in a vault or basement. adeQuate drainaae shall be provided. (a) DCDA's may be installed below arade in a vault. provided that pluas are installed in the test cocks. 2) Assemblies must be installed at the connectina point of the City water service connection. Alternate locations must be approved by the Director or desianee prior to installation. Page 11 of 15 3) Assemblies must be protected from freezina and/or other severe weather conditions. 4) Backflow prevention assemblies shall be approved by the ODHS and the City. 5) Assemblies specifically approved by the Oreaon Department of Human Services for vertical installation shall be installed plumb. 6) Assemblies shall be accessible for maintenance and testina. Assemblies 2" and smaller shall have a minimum 6" clearance on all sides of the assembly. All devices laraer than 2" shall have a minimum clearance of 12" on the back side, 24" on the test cock side. 12" below the assembly. and 36" above the assembly. 7) Any assembly installed inside premises shall be readily accessible durina the City's reaular workina hours. 8) If an assembly is installed inside of premises. 5' above the floor and 2.5" or laraer. the assembly must be equipped with permanently installed scaffoldina approved by the City. Installation must also meet the U.S. Occupational Safety and Health Administration requirements and the State of Oreaon Occupational Safety and Health Codes. 9) Reduced Pressure Principle Assemblies may be installed in a vault only if the relief valve discharae can be drained to dayliaht throuah a "boresiaht" type drain. The drain shall be of adequate capacity to carry the full rated flow of the assembly and shall be screened on both ends. 10) An approved air aap shall be located at the relief valve orifice. This air aap shall be at least twice the inside diameter of the incomina supply line as measured vertically above the top rim of the drain and in no case less than 1". 11) When a backflow assembly is deemed necessary by the City. the model of assembly and installation plans shall be submitted to the City Water Department for approval prior to installation. 12) Upon completion of installation. the City shall be notified and all assemblies must be inspected and tested by certified personnel. All backflow assemblies must be recorded with the City. Reaistration records shall provide the installation date. make. model, serial number of the backflow assembly. and the initial test report. Any variances from these installation requirements shall be requested in writina by the customer and approved by the Director or desianee in writina prior to assembly installation. E. Access to Premises. Authorized employees of the City, with proper identification. shall have access durina reasonable hours to all parts of the premise. If a customer refuses to aive the City access to the premise for the purpose of inspection after receivina reasonable notice of the inspection at a reasonable time. then either a reduced pressure principle assembly shall be installed at the service connection to Page 12 of 15 customer's premise at customer's expense by the City. or the City may discontinue water service to the premises. F. Annual Testina and Repairs. All assemblies installed by a customer as reQuired by the City shall be tested immediately upon installation and then annually by a state certified tester. All such assemblies found not functionina properly shall be promptly repaired or replaced. The City may deny or discontinue water service to the premise for noncompliance of testina and/or repairs. All testina and repairs are the financial responsibility of the customer. G. Variances. Any variances from these reQuirements shall be reQuested in writina by the customer and approved by the Director or desianee prior to assembly installation. H. Cost of Compliance. All costs associated with purchase. installation. inspections. testina. replacement. maintenance. parts. and repairs of the backflow assembly are the responsibility of the customer. I. Termination of Service. Failure on the part of the customer to discontinue the use of all cross connections and to physically separate cross connections is sufficient cause for immediate discontinuance of water service to the premises. OAR Chapter 333. Division 61. The Director or desianee shall make said determination. 14.05.070 Inspection of Premises. The City reserves the riaht to inspect the customer's premises if there is reason to believe that an unsafe condition exists. The City may refuse water service and disconnect the service connection from the water supply line if the plumbina. appliances or eQuipment usina the water are danaerous. unsafe or not in compliance with all City. State or Federal laws or standards. 14.05.080 Groundina Wire Attachments. The attachment of any around wireCs) to any plumbina or water supply line shall be at the customer's risk. The City assumes no liability for damaae to customer's premises or persons on customer's premises caused by the ineffectiveness of such a aroundina wire or system. The City shall hold customer liable for any damaae to City property caused by customer's aroundina wire or system. 14.05.090 Surae Control. A. City Control. The City may discontinue water service if customer's facilities and/or eQuipment create excessive pressure suraes in City water system. The Director or desianee shall determine "excessive pressure suraes." B. Customer Responsibility. If the applicant and/or customer's facilities and/or eQuipment creates excessive pressure suraes in the City water system, the applicant and/or customer shall be responsible to install Page 13 of 15 the City approved surae control eQuipment and maintain the surae control eQuipment in proper operatina order at applicant/customer's expense. If the City determines excessive pressure suraes from the applicant and/or customer's facilities and/or eQuipment has caused damaae to the City water system. the City may bill the customer for cost of repairs of said damaae. 14.05.100 Pressure and Supply. The City assumes no responsibility for loss or damaae caused by lack of water volume or water pressure. The City aarees to provide water service to the applicant and/or customer at pressures and volumes as are available in the water system. Water service is subiect to shut-downs and variations reQuired for the operation and maintenance of the water system. 14.05.110 Noncompliance with Reaulations. The City may discontinue water service if the customer fails to comply with this ordinance. The cost of discontinuina and restorina water service to the customer shall be established by the Council. 14.05.120 Penalties. A violation of this section shall be punishable by a minimum fine of $~ upon conviction. SECTION 2. Repeal. The City of Ashland Ordinance No. 2773 is hereby repealed in its entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, Page 14 of 15 or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in a~h Article X, Section 2(C) of the City Charter on the /~ day of "'"- , 2008, and du PASSED and ADOPTED this 7 day of a , 2008. /R~ Barbara M. Christensen, City Recorder y title only in accordance with Article X, day of d ,2008. SIGNED and APPROVED this j" day Of~2008. Reviewed as to form: -", " t,.,-_ -...- Page 15 of 15 ---~----'.'-'-'--1'-_._-- I