HomeMy WebLinkAbout12/06/2022 06.M. Ordinance amending Title 7, Chapter 7.68.070 of the Yakima Municipal Code, Water/Irrigation Division, Cross-Connection Control 5l
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.M.
For Meeting of: December 6, 2022
ITEM TITLE: Ordinance amending Title 7, Chapter 7.68.070 of the Yakima
Municipal Code, Water/Irrigation Division, Cross-Connection
Control
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works— 575-620 *
SUMMARY EXPLANATION:
The City of Yakima (City) Municipal Code 7.68.070, Cross-Connection Control, provides
requirements for backflow prevention assembly inspection and testing for the water system in the
City. The purpose of a cross-connection control system is to protect the public water system from
contamination via cross-connections. Subsection (F)(1) amends the procedure for backflow
prevention testing and inspections. Currently, after the City sends a property owner notice of the
required testing, the City provides assembly description information (manufacturer, model, serial
number, hazard number, size and device location), and a list of certified backflow assembly
testers. This amendment to the ordinance aligns current practices with the municipal code and the
requirements in Washington Administrative Code 246-290 (Public Water Supplies).
Subsection (G) removes the minimum amount of hazard assessments and survey audits
performed by the City. Some customers were confused by the "bi-annual" hazard assessment
language and refused inspections, when the City is required to perform inspections after any
plumbing modification.
This proposed ordinance also removes some of the consequences of failing to comply with the
requirements of this Chapter. Subsections (1)(2)and (J)clarify that the City does not repair or
charge fees for noncompliant conditions —the City would only terminate water service until the
noncompliance is satisfactorily corrected.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
2
Pass Ordinance
ATTACHMENTS:
Description Upload Date Type
D Ordinance Clean 11/9/2022 Ordinance
D Ordinance Red line 11/9/2022 Cover Memo
o
ORDINANCE NO.
AN ORDINANCE amending Title 7, Chamter7.08. Water Division, of the Yakima Municipal
Code, amending guidelines for baokfow prevention assembly inspection
and teodng, and removing some of the consequences of noncompliance
that are no longer in practice by the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAK|K8A:
Section 1. Section 7.08.070endUed "Cross-connection control" is amended and reads
as follows:
� 7~� : ~ o7o ross-connection control.
A. Installing or maintaining any uncontrolled cross-connection that may endanger the quality of the
public water supply of the city of Yakima shall be unlawful and is prohibited. Any such cross-
connection now existing or hereafter installed is dmo|anod to be o public nuisance and shall be
abated immediately.
1. The city of Yakima water/irrigation division (the nih/) hereby adopts by reference the
standards and requirements ofVVAC 248'290'480. as now written or hereafter amended.
2. The oih/ of Yakima water/irrigation division manager or the cross-connection control
program manager shall have the authority to establish requirements more stringent than state
regulations if he/she deems the conditions so dictate. These policies shall be published and
available for public use.
3. The control or elimination of cross-connections shall be in uuuurdanuu with the applicable
sections ofVVAC 246-290. the City of Yakima Municipal Code and the pn|ioioa and procedures
established by the nih/ of Yakima water/irrigation division.
B. Only those baokOovvprevention assemblies and controls identified in the most recent edition of
BaokOuvv Prevention Assemblies Approved for Installation in Washington State as published by the
Washington State Department of Health or the Manual of Cross Connection Control as published by
the USC Foundation for Cross Connection Control and Hydraulic Research shall be approved for
new installations.
C. 1. VVheny u property has an existing water service and the potable water supply system is
protected from a croos'connechon/backOovv by a nonconforming assembly (i.e., an assembly that is
no longer on the approved assemblies list ordoes not meet the current standards or requirements of
theVV)\C or this code or policies), the esaennb|y, at the owner's riak, may be allowed to remain in
service ifitmeets the following criteria:
a. At the time of installation the assembly was o Washington State approved backOovv
prevention assembly; and
b. At the time the assembly was installed its installation was approved by the city as
appropriate for the degree of hazard; and
4
u. The assembly does not meet any of the criteria for upgrading au required in
subsection oC>(2) cf this section.
2. All nonconforming cross-connection/backflow prevention assemblies shall be replaced or
upgraded to current standards as required in subsection A and B of this section at such time
eo any of the following conditions exist:
u. The assembly fails ho operate properly; or
b. The assembly fails its required annual testing and certification; or
c. The assembly requires continual and/or excessive repair or maintenance; or
d. The degree of hazard at the premises has increased from that which existed at the
time the assembly was installed; or
a. The water service, fire sprinkler system or plumbing have been or are modified from
the originally approved condition.
O. When previously unknown, unprotected and improperly protected cross-connections are
identified, the property owner shall be notified in writing of the noncompliant condition, the degree of
the hazard, and control measures and/or backflow prevention assembly required to abate the
hazard. This notice shall be provided in accord with subsection J of this section. The property owner
shall implement all required corrective measures within the time frame specified in the notice
provided.
E. All newly installed or relocated backflow prevention assemblies shall be inspected, tested and
certified by a Washington State certified backflow assembly tester approved by this section.
F. 1. PursuunttoVVAC248'28U'48U. thapnopadyovvnuriurequinudtohavabaukOuvvpravandun
assemblies inspected, tested and certified by a Washington State certified backflow assembly tester
/BAT\ et least once per year.
a. The city shall send notice of this requirement.
b. The city shall provide assembly device information such as manufacturer, model,
serial number, hazard number, size and device location.
c. The property owner shall be responsible for selecting and contacting a certified BAT
from the city contractor list that is provided to them. The selected contractor will submit a
report or reports on behalf of the customer pursuant to city guidelines.
d. The city will assign the annual testing schedule.
2. If a backflow assembly fails the annual inspection/test the property owner shall have thirty
days from the date of notification of said failure tohave the assembly repaired or replaced and
retested by a Washington State certified bankOnvv assembly tester.
G. All facilities that receive water service from the nih/ of Yakima one subject to e hazard
assessment and comprehensive water audit survey to be performed by the city of Yakima
n
water/irrigation personnel. Upon due nudoa to the property owner, the city shall be provided auuaas
to the property and plumbing systems to conduct the hazard assessment and comprehensive vvab:r
audit.
H. The opeohDn requirements identified in this oubaondnn do not rop|eno or supersede the
requirements of the Uniform Plumbing Code as adopted by the city of Yakima.
|. Property owners who fail to uunnp|y with the provisions and requirements set forth in this
subsection will be sent a notice advising of the noncompliant condition stating the requirements and
remedies necessary to correct the noncompliant condition and the time within which corrections
must be completed and reported to the city. In the event a property owner fails to correct a
noncompliant condition and report the correction as directed in the nohce, the city may:
1. Terminate water service until the noncompliance is satisfactorily corrected.
2. Conduct the necessary testing end/or inspecting of the noncompliant condition.
J. Notice to Property Owner. If, after preliminary invastigadon, the city determines that property is
noncompliant with the requirements of this oeotion, the city shall serve upon the property ovvner,
according to the provisions of subsection P{of this saudun, a notice that shall stata, idundfv, or
describe:
1. The subject property including at least the property address and county assessor's tax
parcel number;
3. The conditions on the subject property that are illegal and that render the property
noncompliant with the requirements of this section;
3. What must be done to correct such noncompliant condidon/s>;
4. The deadline for correction of such nondidon/o\' which will allow thirty days for correction
or some mutually agreeable oonnp|odnn date;
5. The potential termination of service as a consequence of the property uvvnaro failure to
dnna|y correct the described noncompliant conditions;
0. That the property owner shall be given the right to respond to the notice;
7. That if the property owner agrees to correct the noncompliant condition the city and the
owner may negotiate a voluntary correction agreement in vvhich, among other things, the
owner:
e. Admits that the nonconnp|iantcondition(s) oxiot(a);
b. Promises to correct the illegal condition(s) by an agreed deadline;
n. Is advised of his/her rights under the state and federal constitutions to refuse consent
to entry. to limit the scope of consent to entry, and to withdraw consent hz entry once
given, and that the owner consents to entry on the subject property by the nih/ or persons
o
under contract with the ohv to correct any nonconforming condition(s) that are not
corrected by the stated deadline.
8. If the noncompliant property is |evfu||y occupied by someone other than the property
nvvnor, no voluntary correction agreement will be offered unless such occupants lawfully
occupying the property also consent to entry by the city or persons under contract with the city
to correct the nonoonnp|iantcondidon/s> described that are not corrected by the deadline;
S. Advise the owner that if the illegal conditions are not corrected, the city will terminate
water service.
K. Service of Notice. If, after determining that a noncompliant condition exists under this oeotion,
the city shall cause to be sarvad, either personally orbycertified nnai|, with return receipt requested,
upon the property owner identified in the ud|ih/ billing records and/orcroos'connection records of the
oih/ the notice identified in subsection J of this section. In the event the property owner cannot be
ascertained by the city in the exercise of reasonable di|iQenoo, and the city provides an affidavit to
that effent, then service of such notice may be made either by personal service or by mailing e copy
of the notice and order by certified nnai|, postage propaid, return receipt requoated, to each such
person at the address of the property involved in the procaadings, and mailing a copy of the notice
by first-class mail to any address of each such person in the records of the ouunh/ auditor for the
county where the property is located. Such notice shall advise all parties in interest of the
responsibility to correct the noncompliant condition and otherwise meet the nndno requirements set
forth in subsection J of this section. ({}nj. 201 1-18 § 1' 3011: Ord. 2010-03 § 1 (part), 2010: Ord.
2006-07 § 37. 2006: Ord. 97-16 § 8. 1887: Ord. 3078 § 2. 1888).
Section 2. This ordinance shall be in full force and effect 30 days after its paooage,
appnova|, and publication as provided by |avv and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 0mday of December, 2022.
ATTEST: Janice Deooio, Mayor
Sonya C|aarTee. City Clerk
Publication Date:
Effective Date:
7
ORDINANCE NO.
Ayd OFUD|ydAydCE amending Title 7, Chamter7.08. Water Division, of the `/akjnna Municipal
Code, amending guidelines for baokfow prevention assembly inspection
and baodng, and removing some of the consequences of noncompliance
that are no longer in practice by the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAK|K8A:
Section1. Section 7.68.070 entitled"Cross-connection control" is amended and reads
as follows:
� � � : o�o ������~�������i��� ���n���l
� ~ ~ ~� ~ � �� __~ ~~_ ~~
A. Installing or maintaining any uncontrolled cross-connection that may endanger the quality of the
public water supply of the city of Yakima shall be unlawful and is prohibited. Any such cross-
connection now existing or hereafter installed is declared to be a public nuisance and ahoU be
abated innnnodieha|y.
1. The city of Yakima water/irrigation division (the city) hereby adopts by reference the
standards and requirements ofVVAC 246'290'490. as now written or hereafter amended.
2. The oih/ of Yakima water/irrigation division manager or the cross-connection control
program manager shall have the authority to establish requirements more stringent than state
regulations if he/she deonna the conditions so dictate. These policies shall be published and
available for public use.
3. The control or elimination of cross-connections shall be in accordance with the applicable
sections nfVVAC 246 28O. the City of Yakima Municipal Code and the policies and procedures
established by the nih/ of Yakima water/irrigation division.
B. Only those baokOuvv prevention assemblies and controls identified in the most recent edition of
Bockf|ovv Prevention Assemblies Approved for |noto||odon in VVaohington State as published by the
Washington State Department of Health or the Manual of Cross Connection Control as published by
the USC Foundation for Cross Connection Control and Hydraulic Research shall be approved for
new installations.
C. 1. VVheny a property has an existing vvab:r service and the potable vvabyr supply oyobynn is
protected from a cnosa'nonnechon/bankOovv by a nonconforming assembly (i.o., on assembly that is
no longer on the approved aosannb|iaa list ordoes not meet the current standards or requirements of
the V\4\C or this node or po|ioies), the aosennb|y, at the owner's riok, may be allowed to remain in
service if it meets the following criteria:
o. At the time of installation the assembly was a Washington State approved bankOovv
prevention assembly; and
b. At the time the assembly was installed its installation was approved by the city as
appropriate for the degree of hazard; and
a
u. The assembly does not meet any of the orbahu for upgrading as required in
subsection (C)C2> of this section.
2. All nonconforming onoos'nonnecdon/bankOovv prevention assemblies aheU be replaced or
upgraded to current standards as required in subsection A and B of this section at such time
as any of the following conditions exist:
u. The assembly fails hooperate properly; or
b. The aoaernNy fails its required annual testing and certification; or
c. The assembly requires continual and/or excessive repair ormaintenance; or
d. The degree of hazard at the premises has increased from that which existed at the
time the assembly was installed; or
a. The water service, fine sprinkler system or plumbing have been or are modified from
the originally approved condition.
O. When previously unknovvn, unprotected and improperly protected cross-connections are
idondfiod, the property owner shall be notified in writing of the noncompliant oondidon, the degree of
the hazard, and control measures and/or backOuvvprevention aoaannb|y required to abate the
hazard. This notice shall be provided in accord with subsection J of this section. The property owner
shall implement all required corrective measures within the time frame specified in the notice
provided.
E. All newly installed or relocated beokOovv prevention assemblies ohe|| be insponted, tested and
certified by a Washington State certified buokƒ|ovvassembly tester approved by this section.
F. 1. Pursuant to VVAC 246'290'490. the property owner is required to have baokOnvv prevention
assemblies inspootod, tested and certified by a Washington State certified baokOovvassembly tooter
(BAT) at least once per year.
a. The city shall send notice of this requirement; and.
b. The nih/ shall provide oasennb|y device information such as nnonufontunar, nnode|,
serial nunnber, hazard nurnber, size and device |ooedon.an approved inspontion/tooting.
report sheet and
c. The property owner shall be responsible h)rne|echnq and contao1inq a certified BAT
from the city contractor list that is provided to them. The selected contractor will submit a
report or reports on behalf of the customer pursuant to city quide|ines. sond o copy oftho
oornp|otod inspoction8aohng report to the city of Yakima vvotor/i/Tigahon divieion; and
d. The oih/will assign the annual testing schedule.
3. If bankOnvv assembly fails the annual inopeotinn/tootthe property owner shall have thirty
days from the date of notification of said failure to have the assembly repaired or nap|aood and
n
G. All hao|hius that receive water service from the ohv of Yakima are subject to a minimum of
| annual hazard assessment and oonnpnyhenoiwm vvahor audit ounvyy to be performed by the city of
Yakima water/irrigation personnel. Upon due notice to the property ovvner, the city ahoU be provided
an0000 to the property and plumbing oyahanno to conduct the hazard assessment and
comprehensive water audit.
H. The specific requirements identified in this subsection do not replace or supersede the
requirements of the Uniform Plumbing Code as adopted by the city of Yakima.
|. Property owners who fail to comply with the provisions and requirements set forth in this
subsection will be sent a notice advising of the noncompliant condition stating the requirements and
remedies necessary to correct the noncompliant condition and the time within which corrections
must be completed and reported to the city. In the event o property owner fails to correct a
noncompliant condition and report the correction as directed in the notioe, the city may:
1. Terminate water service until the noncompliance is satisfactorily corrected.
2. Conduct the necessary testing and/or-, inspectingrepair-of the noncompliant
condition.
a� The inspection cost of three hundred fifty dollars to inspect ortest a cross connection
dAv4r,A
b. The cost to instaU, repair orreplace a noncompliant device, said cost to include an
administration fee of one hundred dollars.
J. Notice to Property Owner. If, after preliminary inveodgadon, the city determines that e property is
noncompliant with the requirements of this sention, the city shall servo upon the property ovvnor,
according to the provisions of subsection Kof this aauhun, a notice that shall otota, identifv, or
describe:
1. The subject property including at least the property address and onunh/ eaoeaonr'a tax
parcel number;
2. The conditions on the subject property that are illegal and that render the property
noncompliant with the requirements of this section;
3. What must be done to correct such noncompliant nondidon(a);
4. The deadline for correction of such oondidon(s), which will allow thirty days for correction
or some mutually agreeable completion date;
5. The potential termination of service and/or costs and administrative hzo that may bo
| charged to the ANAXner as o consequence of the property owner's failure to dnno|y correct the
described noncompliant conditions;
S. The oity'u intent to proceed to correct the docoribod nnnoornp|iont condition: on tho
subject properly if such conditions arc not corrected before the stated deadline by the property
*w*aFi
10
6.7— That the property uvvnar shall be given the rightho respond to the notice;
7�-. That if the property owner agrees to correct the noncompliant condition the city and the
owner may negotiate e voluntary correction agreement in vvhich, among other things, the
own er:
a. Admits that the noncunnp|iantoondihun(s) axist(s);
b. Pnonni000 to correct the illegal condition(s) by an agreed deadline;
u. Is advised of his/her rights under the state and Nadano| constitutions to refuse consent
to entry, to limit the scope of consent bz mntry, and to withdraw consent to entry once
given, and that the owner consents to entry on the subject property by the city or persons
under contract with the city to correct any nonconforming condition(s) that are not
corrected by the stated deadline,; and
d, Agrees to pay the nity'o coots and an administrative fee to correct the nonconforming
conditions if the owner toUn to do so;
8^9, If the noncompliant property is lawfully occupied by onrnenne other than the property
owner, no voluntary correction agreement will be offered un|000 such occupants lawfully
occupying the property also consent to entry by the city or persons under contract with the city
to correct the nonoonnp|iantcondidon(a) described that are not corrected by the deadline;
| 9,10, Advise the owner that if the illegal conditions are not oomantod, the city will terminate
water service.
K. Service of Notice. If, after determining that u noncompliant condition exists under this saotiun,
the city oho|| cause to be oerved, either personally or by certified nnai|, with return receipt requeoted,
upon the property owner identified in the utility billing records ond/orcross'nonnechon records of the
nib/ the notice identified in subsection J of this section. In the event the property owner cannot be
ascertained by the city in the exercise of reasonable di|igenoe, and the city provides an affidavit to
that effont, then service of such notice may be made either by personal service or by mailing a copy
of the notice and order by certified nnai|, postage pnepoid, return receipt nequested, to each such
person at the address of the property involved in the proueedingu, and mailing a copy of the notice
by first-class mail to any address of each such person in the records of the county auditor for the
county where the property is located. Such notice shall advise all parties in interest nfthe
responsibility to correct the noncompliant condition and otherwise meet the notice requirements set
forth in subsection Jof this section. (C}rd. 3O11-18 § 1. 2O11: Ord. 2O1O-O2 § 1 /part\. 2O1O: Ord.
2006-07 § 37. 2006: Ord. 87-16 § 8. 1997: Ord. 3078 § 2. 1988).
Section2. This ordinance shall be in full force and effeot3O days after its passage,
approval, and publication ao provided bv law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 6th day of December, 2022.
ATTEST: Janice Deooio, Mayor
11
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date: