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Backflow Prevention Devices

The following is a verbatim reprint of our current ordinance governing Backflow Prevention for the City of Alamogordo. If you have any questions please contact the Code Administration Division.

Article 8-08 Cross Connection, Prevention and Control

8-08-010 Purpose

The purpose of this ordinance is to protect the public health, safety and welfare through the prevention and control of cross connections by:

A. Protecting the municipal water system, owned and operated by the City of Alamogordo, hereinafter referred to as the "municipal water system," from contamination or pollution due to cross connections by containing hazards at the service connection;

B. Requiring the elimination or control of existing cross connections, actual or potential, between the customer’s potable water system(s) and non-potable water system(s), plumbing fixtures, and industrial piping systems; and

C. Providing for the maintenance of a continuing program of cross connection control that will systematically and effectively reduce the risk of the contamination of the municipal water system.

8-08-020 Applicability

The provisions of this ordinance shall apply to all new non-residential and residential water services. For all other services, Unless otherwise specified within individual sections of this ordinance, existing services shall not be required to comply with the requirements of this ordinance. Compliance with this ordinance shall be a precondition of receiving or, in instances where existing installations are covered under this ordinance, continuing to receive water service from the municipal water system.

8-08-030 Definitions

The following definitions shall apply in the interpretation and enforcement of this Ordinance.

Approved Assembly. The term approved assembly refers to a specific (by size, model and make) backflow prevention assembly listed by an approved listing agency as follows:

1. Containment Backflow Prevention Assembly. An assembly listed by the Foundation for Cross Connection Control and Hydraulic Research of the University of Southern California or other listing agency, acceptable to the New Mexico Environment Department and approved by the City of Alamogordo Code Administration Division, hereinafter referred to as the "Code Administration Division."

Isolation Backflow Prevention Assembly. An assembly listed by the International Association of Plumbing and Mechanical Officials and approved by the Code Administration Division.

Auxiliary Water Supply. A water supply on or available to the premise other than the municipal water system supply.

Backflow. The reversal of water flow into a potable water system.

Back Pressure. An increased pressure in a customer’s water system caused by a pump, elevated tank, boiler, or any other means that may result in backflow.

Back siphonage. A backflow condition wherein water is being drawn or pulled backwards as a result of a negative or decreased pressure in the water supply.

Backflow Prevention Assembly. An assembly or means to prevent backflow.

Air-Gap. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet conveying water or waste to a tank, plumbing fixture, receptor and the flood level rim of the receptacle.

Atmospheric Vacuum Breaker Assembly. An assembly consisting of a float check, a check seat and an air inlet port. The assembly shall include a tightly closing, full ported, resilient seated shut-off valve immediately upstream of the valve body.

Double Check Valve Assembly. An assembly consisting of two internally loaded check valves, either spring loaded or internally weighted, installed as a unit between two tightly closing, full ported, resilient seated shut-off valves and equipped with properly located resilient seated test cocks.

Pressure Vacuum Breaker Assembly. An assembly consisting of one independently operating spring loaded check valve and an independently operating spring loaded check valve and an independently operating spring loaded air inlet valve located on the discharge side of the check valve, installed as a unit between two tightly fitting, full ported, resilient seated shut-off valves and equipped with properly located resilient seated test cocks.

Reduced Pressure Principle Backflow Prevention Assembly. An assembly consisting of two independently acting approved check valves together with hydraulically operating, mechanically independent pressure differential relief valves located between the check valves and below the first check valve. These units are located between two tightly closing, full ported, resilient seated shut-off valves as an assembly and equipped with properly located resilient seated test cocks.

Certified Backflow Prevention Assembly Repair Person. A person who is a certified backflow prevention assembly tester, is cognizant of all applicable federal, state and local laws, rules and regulations and is licensed by the New Mexico Regulation and Licensing Department, Construction Industries Division to perform the necessary repair work.

Certified Backflow Prevention Assembly Tester. A person who has demonstrated competence in the testing of backflow prevention assemblies by attending and passing the written and performance examinations administered as part of a training course approved by the Code Administration Division and who has a current certificate issued by the Code Administration Division.

Contamination. An actual or potential impairment of a potable water system by the introduction, or, admission of any substance that could cause to be a hazard.

Cross Connection. An actual or potential connection between any part of a potable water system and any other environment containing other substances in a manner that, under any circumstances, would allow such substances to enter the potable water system. Other substances may be gases, liquids, or solids, such as chemicals, waste products, steam, water from other sources (potable or non-potable), or any matter that may change the taste, color or odor of the water.

Cross Connections, Controlled. A connection between a potable water system and a non-potable water system with an approved backflow prevention assembly or air-gap properly installed and maintained so that it will continuously afford the protection commensurate with the degree of hazard.

Cross Connection Control by Containment. The use of an air-gap or an approved backflow prevention assembly at each service connection to a customer’s water system.

Cross Connection Control by Isolation. The use of an air-gap or an approved backflow prevention assembly within the customer’s water system at the point of each and every cross connection to effectively isolate the customer’s potable water system from the remainder of the customer’s water system.

Customer. The person responsible for payment of fees as determined by Article 28-03 of the Alamogordo Code of Ordinances.

Customer's Water System. The water system on the customer’s premises beginning at the service connection.

Enforcement Authority. The Code Administration Division of the City of Alamogordo, authorized to administer and enforce the provisions of the Cross Connection Prevention and Control Ordinance as adopted and amended. Enforcement Authority may also refer to the authorized agent of the Code Administration Division.

Hazard, Degree of. Degree of hazard is determined by the enforcement authority based on evaluation of conditions within the customer's premises. Hazards are classified as follows:

1. Health Hazard. An actual or potential threat of contamination of a physical or toxic nature to the municipal water system or the customer's water system that could be a danger to the public health.

2. Non-health Hazard. An actual or potential threat of pollution of a physical nature to the municipal water system but which would not constitute a health hazard. The maximum degree of intensity of pollution to which the potable water system could be degrade would be that which would cause a nuisance or be aesthetically objectionable.

3. System Hazard. An actual or eminent threat of contamination to the municipal water system which presents an eminent danger to public health.

Industrial Fluids. Fluid or solution that may be chemically, biologically, or otherwise contaminated or polluted in a form or concentration, such as would constitute a hazard if introduced into a potable water system. This may include, but is not limited to: polluted or contaminated waters; all types of process waters and used waters originating from the municipal potable water system that may have deteriorated in sanitary quality; chemicals in fluid form, plating acids and alkalis; circulating cooling towers that are chemically or biologically treated or stabilized with toxic substances; contaminated natural waters, such as wells, springs, streams, rivers, irrigation canals or systems, and so forth; oils, gasses, glycerin, paraffin, caustic and acid solutions, and other liquid and gaseous fluids used in industrial areas for the purposes of suppressing fires.

Municipal Water System. The potable water system owned and operated by the city of Alamogordo to supply residential and non-residential water users within and beyond the corporate city limits of the City of Alamogordo.

Non-Residential Service. Any service connected to the municipal water system that supplies water for a premises intended for uses other than those defined as single family residential within the current adopted building codes.

Pollution. An actual or potential impairment of a potable water system by the introduction or admission of any substance that does or tends to degrade the taste, color, odor or aesthetic quality of the water system but does not constitute a health hazard.

Residential Service. Any service connected to the municipal water system that supplies water for a premises intended for uses defined as any dwelling that has four residential units or less.

Service Connection. The service connection is defined as follows:

The terminal end of a water service from a municipal water system;

For metered water services, is the downstream end of the water meter to a customer's water system;

For un-metered water services and fire lines which serve private fire protection systems, is located at the property boundary or at the water utility easement boundary to a customer's premises; and

For the use of a fire hydrant and all other temporary or emergency water services, is located at the point of connection to the municipal water system.

Water, Fire Sprinkler. Water contained in a fire protection system intended for extinguishing fires and begins at the point of connection to the municipal water mains for un-metered fire line services and for metered fire line services, the fire sprinkler water begins at the customer's side of the city water meter.

Water, Potable. Water delivered by the municipal water system or water located within the customer's non-municipally owned plumbing intended for human consumption.

Water Non-potable. Water that is not safe for human consumption or that has questionable quality.

Water, Used. Any water delivered by the municipal water system to a customer's water system after it has passed the service connection.

8-08-040. Regulations and Technical Specifications.

The Code Administration Division shall be responsible for development of rules and regulations necessary to carry out the intent of this ordinance. Said rules and regulations are subject to reasonable compliance with the standards set forth within this ordinance and are subject to the review of the City Manager. Said rules and regulations shall include specifications to define back flow prevention assembly standard installation, details, and criteria. Initial and subsequent changes to the rules and regulations, and technical specifications shall be published by the Code Administration Division.

8-08-050. Responsibilities and Enforcement.

It shall be the responsibility of the Code Administration Division, the Public Works Department and to the Utility Billing Division to administer and enforce the provisions of this Ordinance. Customers, certified backflow prevention assembly testers and repairpersons are responsible for compliance as described in the following sections:

A. Public Works Department. The Public Works Department shall be responsible for the protection of the municipal water system from contamination or pollution due to the backflow of contaminants or pollutants through the water service connections. The public works Department shall work in close concert with the Code Administration Division in locating possible violations and providing assistance as may be needed in the successful enforcement of this Ordinance. The Public Works Department shall not knowingly install or maintain a water service connection unless the municipal water system is protected as required by this Ordinance.

The Public Works Department shall where possible insure that a double check backflow prevention assembly is provided when any meter is being replaced by the City of Alamogordo on any existing connection to the municipal water system, including all existing residential services. The Public Works Department shall be responsible for the maintenance of all double check backflow prevention assemblies installed at the connection to the municipal water system except where responsibility for maintenance is otherwise specified within this ordinance.

B. Code Administration Division. The Code Administration Division shall be responsible for reviewing and approving plans, issuing plumbing permits, and conducting inspections of backflow prevention assembly installations for new and remodeled structures within the jurisdictional limits of the Division. The Code Administration Division's responsibilities begin at each service connection and extend throughout the entire length of the customer's water system.

The Code Administration Division shall enforce the provisions of this ordinance that relate to cross connection control by containment; shall administer a continuing cross connection control program.

C. Utility Billing Division. After the effective date of this ordinance the utility billing division shall not connect any new service without establishing, at a minimum, that a Double Check Valve Assembly is installed at the service connection.

In the event that the Utility Billing Division personnel become aware of any cross connection creating an actual or potential health hazard the Utility Billing Division shall immediately notify the Code Administration Division of the location and hazard noted.

D. Customer. All customers shall be responsible for the prevention of contaminants, items of potential health hazard, system hazard as defined within this ordinance or water from auxiliary water supplies from entering the customer's water system within the premises and the municipal water system. Customers shall provide backflow prevention assembly(s) or air-gap(s) as required by the plumbing codes. The customer's responsibility begins at the service connection and extends throughout the entire length of the water system within the premises. Customers shall install, have tested, and maintain, at their own expense, backflow prevention assembly(s) and/or air-gap(s) as directed by the enforcement authority. Accurate records of all inspections, tests, repairs, overhauls and replacements of backflow prevention assembly(s) or air-gap(s) shall be maintained by the customer for a period of at least two years.

D. Certified Backflow Prevention Assembly Tester. Certified backflow prevention assembly testers shall inspect and test backflow prevention assemblies in accordance with City of Alamogordo approved methods and procedures; shall be equipped with and be competent in the use of all the necessary tools and gauges required to properly conduct testing of backflow prevention assemblies; complete and submit accurate and timely reports to the Code Administration Division; and report to the customer and the Enforcement Authority any discovered discrepancies associated with an existing backflow prevention assembly or existing cross connection within a customer's water system.

E. Certified Backflow Prevention Assembly Repairperson. Certified backflow prevention assembly repair persons shall make competent repairs on backflow prevention assemblies; shall not change the design, material or operation characteristics of a backflow prevention assembly without prior approval from the Enforcement Authority; complete and submit accurate and timely reports to the Code Administration Division; and report to the customer and the Enforcement Authority any discovered discrepancies associated with an existing backflow prevention assembly or existing cross connections within the customer's water system.

8-08-060. Specific Requirements.

Specific requirements for cross connection control and backflow prevention assemblies are as follows:

A. Mandatory Cross-Connection Control by Containment. Premises where any of the following conditions or activities exist or occur are deemed to present a sufficient backflow contamination hazard such that cross connection control by containment is required: hospitals and clinics; nursing and convalescent homes; dental offices; laboratories; mortuaries and cemeteries; sewage and storm water pumping and treatment plants; radiator facilities; metal plating industries; veterinary and animal grooming clinics; taxidermists; food and beverage processing plants; premises where inspection is restricted; ready mix concrete, sand and gravel plants; schools and colleges with laboratories; water services dedicated solely to landscape irrigation systems; greenhouses; premises with auxiliary water supplies; water tank trucks or water tanks filled from fire hydrants; buildings with a height greater than thirty (30) feet; and other conditions and or activities as may be deemed by the Code Administration Division to constitute similar hazards to those listed above.

B. Containment Backflow Prevention Assembly Requirements. The type of backflow prevention assembly used for containment shall be required commensurate with the hazard in the premises as follows:

1. In cases of premises having an auxiliary water supply, the municipal water system shall be protected against back flow from the premises by installing an approved air-gap or an approved reduced pressure principal backflow prevention assembly.

2. In cases of premises on which any individual fluids or any other contaminants are handled in such a fashion as to create an actual or potential hazard to the municipal water system, the municipal water system shall be protected against backflow from the premises by installing an approved air-gap or an approved reduced pressure backflow prevention assembly. This shall include the handling of process waters and waters originating from the customer’s water system that have been subjected to deterioration in quality. Examples of premises where these conditions or activities exist include but are not limited to hospitals and clinics, dental office, laboratories, mortuaries and cemeteries, radiator shops, car washes, plating industries, photographic film processing facilities, commercial laundries, food and beverage processing plants, ready-mix concrete, sand and gravel plants, sewage and storm water treatment plants, veterinary and animal grooming clinics, schools and colleges with laboratories and greenhouses.

3. In cases of premises having internal cross connection or water piping systems that are impractical or impossible to ascertain whether or not cross connections exist on such systems, the municipal water system shall be protected against backflow from the premises by installing an approved air-gap or an approved reduced pressure backflow prevention assembly.

4. In the case of a premises having multiple water services connected at more than one point to the municipal water system and where the services create a looped water system with the customer's water system, the municipal water system shall be protected against backflow from these premises by installing an approved backflow prevention assembly (type of backflow prevention assembly to be determined by the City) at each service connection to the municipal water system.

5. In the case of water services to landscape irrigation systems connected to the municipal water system, the municipal water system shall be protected against backflow by installing an approved pressure vacuum breaker or an approved reduced pressure principle backflow prevention assembly.

6. In the case of any premises where there is water or a pollutant that would be objectionable but not hazardous to health if introduced into the municipal water system, the municipal water system shall be protected against backflow by an approved double check valve assembly. In cases of nursing homes and buildings taller than thirty (30) feet not having a contamination hazard, the municipal water system shall be protected against backflow by an approved double check valve assembly.

7. In the case of any premises where there are uncontrolled cross connections, either actual or potential, the municipal water system shall be protected against backflow by an approved air-gap or an approved reduced pressure principle backflow prevention assembly.

8. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete premises cross connection survey, the municipal water system shall be protected against backflow from the premises by an approved air-gap or an approved reduced pressure principle backflow prevention assembly.

9. In the case of any premises where an undue health hazard is posed because of the presence of extremely toxic substances, the Code Administration Division may require an air-gap at the service connection to protect the municipal water system.

10. In the case of public fire hydrants approved for drawing water for filling tanks and tank trucks and for temporary irrigation systems, the municipal water system shall be protected against backflow by an approved air-gap or an approved reduced pressure backflow prevention assembly.

11. In the case of any premises having existing private wells and the owner desires to connect to the municipal water system, the options are as follows:

a.) Customers shall agree to permanently abandon wells by plugging the wells in accordance with the Code Administration procedures prior to connection to the municipal water system; or

b.) Customers who choose to maintain their private wells active shall agree to completely sever the private well from the premises’ plumbing system and have the water utility install an approved dual check valve at the water meter. The owner of the premises shall also sign a covenant that runs with the land that the private well shall not be reconnected to the premises plumbing without complying with item (c) of this subsection.

c.) If the customer chooses to maintain the well as a dual application use for the premises and maintain both connections, the municipal water system shall be protected against backflow by an approved air-gap or approved reduced pressure principle backflow prevention device.

12. Atmospheric vacuum breakers shall not be used for containment applications. Atmospheric vacuum breakers may be used on isolation applications only.

C. Fire protection Systems. Fire protection systems begin at the service connection and include sprinklers, hose connections, hydrants, reservoirs, tanks, stand pipes, pumps, distribution pipes and other appurtenances within a premises that are owned, operated and maintained by the customer for the purposes of fire suppression. For all fire protection systems, except those described in paragraph (1) and (2) below, an approved backflow prevention assembly is required to be installed at the service connection.

1. Fire protection systems with no reservoirs, no fire pumper connections, no connections from auxiliary water systems, no antifreeze or other additives, and with all sprinkler drains discharging to atmosphere, constructed with acceptable potable water piping materials (approved listed products certified for conformance with ANSI/NSF standard 60 or 61) except as otherwise required by this Ordinance will not require an approved backflow protection assembly other than a double check valve assembly at the service connection.

2. Fire protection systems with pumps, fire pumper connections, and no antifreeze or other additives, and with all sprinkler drains discharging into the atmosphere, constructed prior to this Ordinance with non-potable water piping materials shall either retrofit with an approved backflow prevention assembly or have the fire protection system sampled annually at the customer's expense. Annual water sampling procedures shall be conducted by collecting first draw water samples and having them analyzed by a laboratory certified by the New Mexico Environment Department or the United States Environmental Protection Agency (EPA). The requirement shall be established from the implementation date of this ordinance or from the date in which the system described by this subsection was placed in service. If water sample analysis is acceptable, no further action is necessary until the next annual inspection. If the annual water sample analyses are unacceptable, then the customer shall have an approved backflow prevention assembly installed at the service connection. The first draw of water shall be collected before any water runs through the fire protection system and taken from the downstream side of the single check valve. The water samples shall be collected by a compliance water sampler who is certified by the New Mexico Environment Department Certification Office. Laboratory results shall be sent directly to the Code Administration Division as soon as the laboratory results are available. The water samples shall be analyzed for concentrations of iron, lead, copper, cadmium, and chromium and for the presence/absence of total coliform bacteria and for density of heterotopic bacteria. Water sample analysis results are acceptable if no total coliform are present, the number of colonies per milliliter is less than 500 in the heterotopic plate count analysis and concentrations of iron, lead, copper, cadmium and chromium do not exceed the maximum containment levels as established by the New Mexico Drinking Water Regulations. The laboratory shall use approved methods for testing water samples in accordance with one of the methods cited in the 16th or most current edition of the Standard Methods for the examination of Water and Wastewater. The Code Administration Division shall maintain an inventory of customers opting to have fire protection systems sampled annually and shall notify customers that are out of compliance.

3. Where backflow protection is required on an industrial domestic service that is located on the same premises, backflow protection shall be provided on the fire service connection. The industrial domestic system and the fire protection systems shall both require an approved backflow prevention assembly at the service connections.

4. Fire protection systems that are connected at more than one point to the Municipal water system shall contain approved backflow prevention assemblies at each service connection.

8-08-070. Inspections.

A. Right of Entry. Whenever necessary to make an inspections to enforce the provisions of this Ordinance, or wherever the Enforcement Authority or it's authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in this Ordinance, the Enforcement Authority or it's authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Enforcement Authority by this Ordinance; provided that if such building is occupied the inspector shall present proper credentials and demand entry; and if such premises be unoccupied, he shall first make reasonable effort to locate the owner or other person having charge or control of the building or premises, and demand entry. If entry is refused, the Enforcement Authority shall proceed to obtain a search warrant from the district court.

No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Enforcement Authority or an authorized agent thereof for the purpose of inspection and examination pursuant to this ordinance. Any person violation this subsection shall be subject to the same penalties as provided for violation of other city ordinances.

B. Containment Inspection of Premises. Premises considered to pose an actual or potential contamination, health hazard or system hazard threat to the municipal water system shall be subject to an inspection by the Code Administration Division or authorized agent of the division. Inspections shall be scheduled at a reasonable time by the division. The Code Administration Division shall give the customer written notice prior to a containment inspection. The purpose and authority to conduct such an inspection shall be disclosed in the notice. If actual or potential cross connections, which could result in backflow of contaminants, any product of a potential health hazard, system hazard, or water from auxiliary water supplies through the water service connection and into the municipal water system, are determined to exist during the premises inspection, the Code Administration Division shall evaluate the degree of hazard and proceed in accordance with one of the following criteria.

1. In the event a system hazard is determined to exist, the Code Administration Division shall immediately instruct the water utility to terminate water service to the premises. The water utility shall restore services to the premises once the Code Administration Division has determined that the system hazard has been controlled or eliminated.

2. In the event an actual or potential cross connection presents a substantial endangerment to the municipal water system, the Code Administration Division shall enlist the assistance of the customer to immediately control or eliminate the hazard. If the immediate hazard is not resolved within one day, water service to the premises shall be terminated until the hazard has been eliminated.

3. In the event no system hazard or substantial dangers are determined to exist, but actual or potential cross connections require control or containment, the Code Administration Division shall give the customer written notice to comply with the following requirements:

a. Submit a design and plan of implementation to the Code Administration Division within sixty days; and

b. Have an approved backflow prevention assembly(s) installed, inspected and tested within an additional sixty days.

For good cause, the Code Administration Division may extend the time to comply with the requirements of this Ordinance. The customer shall install such backflow prevention assembly(s) as directed by the Code Administration Division at the customer's own expense; and failure, refusal, or inability on the part of the customer to install, have tested, and maintain said assembly(s) shall constitute grounds for disconnecting water services to the premises until such requirements have been satisfactorily met.

C. Isolation Inspections on Premises Served by the Municipal Water System. The customer shall be responsible, without further notice, for the prevention of contaminants or pollutants or water from auxiliary water supplies from entering the potable water system within the premises. The customer's responsibility begins at the service connection and carries throughout the entire length of the water system within the premises. To accomplish this mandate, customers are required to comply with the 1997 edition of the Uniform Plumbing Code or most current adopted Plumbing Code and all related amendments as may be adopted by the State of New Mexico and the City of Alamogordo.

1. The Code Administration Division is authorized to conduct inspections or audits of premises within the city limits to determine compliance with the provision of cross connection isolation requirements in order to protect the public health, safety and welfare. Approved backflow prevention assembly(s) or air-gap(s), commensurate with the degree of hazard shall be installed, as required by the Code Administration Division, within the customer's water system for the safety and protection of the customer's water system for the safety and protection of the customer's potable water system. Premises considered to pose an actual or potential contamination to the customer's water system may be subject to audit by the Code Administration Division. The Code Administration Division may direct the customer to upgrade its water plumbing system in accordance with the Uniform Plumbing Codes in the "Regulation of Backflow Prevention and Cross Connection Control." If the actual or potential unprotected cross connections, which could result in backflow of contaminants, or water from auxiliary water supplies into the customer's water system are discovered during the audit or inspection of the premises, the Code Administration Division shall evaluate the degree of hazard.

2. In the event a system hazard is determined to exist, the Code Administration Division shall notify the Utility Billing Division to immediately discontinue service to the premises. The Utility Billing Division shall restore water service to the premises once the system hazard has been controlled or eliminated and the Code Administration Division has approved restoration of service.

3. In the event an actual or potential cross connection presents a substantial endangerment to the customer's water system, the Code Administration Division shall enlist the assistance of the customer to immediately control or eliminate the hazard. If the immediate hazard is not resolved within one day, water service to the premises shall be terminated until the hazard has been eliminated.

4. In the event no system hazards or substantial danger is determined to exist, but actual or potential cross connections require control by isolation, the Code Administration Division shall direct the customer to have approved backflow prevention assemblies or air-gaps, commensurate with the degree of hazard, installed at specific location(s) within the customer's water system. Such approved backflow prevention assemblies or air-gaps must be installed, inspected and tested, within thirty days of such notification or within a reasonable time period as determined by the Code Administration Division.

D. Isolation Inspections on Premises not Served by the Municipal Water System. In order to protect the public health, safety and welfare at premises not served by the City of Alamogordo Municipal Water System, the Code Administration Division may conduct inspections and require the elimination or control of existing cross connections, actual or potential, between the potable water system and non-potable water systems, plumbing fixtures and industrial piping systems contained within premises located within the Alamogordo City limits or otherwise connected to the municipal water system.

E. Isolation Control in lieu of Containment. At specific residential or commercial premises where specific cross connection hazard can be controlled by isolation without compromise to the safety of the municipal water system, the Code Administration Division may allow cross connection control for containment purposes with a backflow prevention assembly located at the point of cross connection rather than at the service connection.

1. Applicability. Isolation in lieu of containment shall be applicable only to make-up water connections to commercial space heating boilers rated at less than 200,000 BTU/H input where no water treatment is provided to the circulating heating water, landscape irrigation systems, or automated photo-processing unit with a single water connection.

2. Assemblies Considered to be Contaminant Devices. A backflow prevention assembly installed to provide isolation control of a cross connection in lieu of containment shall be considered a containment device rather than an isolation device and shall be subject to all containment device requirements.

F. Re-inspection. Re-inspection of premises shall be conducted by the Code Administration Division to verify corrective action as required by this Ordinance within one hundred and twenty days of correction notification.

8-08-080. Plan Review, permits, and Plumbing Inspections on Premises within the City Limits.

The Code Administration Division shall be responsible for checking plans and issuing building and plumbing permits for new and remodel construction to ensure compliance with this Ordinance. The Code Administration Division shall conduct inspections and approve all installations of backflow prevention assemblies.

A. The customer shall submit plans for review and approval by the Code Administration Division for installation of backflow prevention assemblies. Where actual or potential cross connections are called for by the plans, the plans shall include the make, model, size and type of any backflow prevention assembly(s) to be installed.

B. The customer's licensed contractor shall obtain a plumbing permit from the Code Administration Division for such installations. All new installations or air-gaps and backflow prevention assemblies shall be inspected and approved by the Code Administration Division. The Code Administration Division shall notify the Utility Billing Division when installations are completed.

C. In instances of failure, refusal or inability on the part of the customer to install and have tested said assembly(s) or air-gap(s), the Code Administration Division shall suspend or revoke a plumbing permit issued under the administrative provisions of provisions of the Uniform Plumbing Code as adopted by the City of Alamogordo.

8-08-090. Inspection of Premises Outside the City Limits served by the Municipal Water System.

Customer services located outside the inspection jurisdiction of the City of Alamogordo, which are connected to the municipal water system, shall be subject to this ordinance and all rules and regulations adopted in accordance with these provisions with the exception of permitting requirements. The customer's contractor, when outside of the city jurisdiction, shall obtain a plumbing permit from the Construction Industries Division of the State of New Mexico Regulation and Licensing Department for the installation of air-gaps and backflow prevention assemblies. Installations must comply with the City of Alamogordo specifications. It shall be the responsibility of the customer's contractor to arrange for required inspection by the inspection jurisdiction and provide proof of inspection to the City of Alamogordo Code Administration Division. As a condition of continued service, the customer shall be required to provide access for inspection by the Code administration or authorized agent at reasonable times to inspect the air-gaps and backflow prevention assemblies, and to make all required corrections arising out of said inspection(s).

8-08-100. Installation of Backflow Assemblies.

With the exception of backflow assemblies installed by city employees under the direction of certified city staff, all Backflow prevention assemblies shall be installed by a contractor licensed by the State of New Mexico Construction Industries Division and certified in accordance with the provisions of this Ordinance to install backflow prevention assemblies. The contractor shall be responsible for obtaining all required approvals, such as approved plans, permits and inspections.

8-08-110. Test and Maintenance of Backflow Prevention Assemblies.

All approved containment and isolation backflow prevention assemblies which are classified as testable devices shall be tested at least once per year. The Code Administration Division may require tests at more frequent intervals, if the Code Administration Division deems the hazard in the premises to be great enough or if previous tests have failed. Tests shall be performed by certified backflow prevention assembly testers. Assemblies that fail a test shall be repaired, overhauled and re-tested within one week, or, in accordance with a time period established by the Code Administration Division. Said test shall be performed by a certified backflow prevention assembly repair person. The certified testers shall submit all test results to the Code Administration Division. Tests and repairs shall be at the expense of the customer. Backflow prevention assemblies must be tested in accordance with the test procedures set forth in the Code Administration Division. The customer for the life of the building must maintain all records of inspections, tests, repairs, overhauls, and replacements.

A. Testing of Backflow Prevention Assemblies. With the exception of assemblies which are owned by the City of Alamogordo, the testing of containment backflow prevention assemblies shall be performed by a private sector certified tester. City owned assemblies may be tested by city staff or by a private sector certified tester. The initial test of any containment backflow prevention assembly shall be performed by a private sector certified tester and witnessed by the Code Administration Division or authorized agent.

1. All new installation of air-gaps and backflow prevention assemblies at the service connection shall be tested immediately upon installation and before water service is turned on or restored to the premises. The customer's certified tester shall then notify the Code Administration Division that the backflow prevention assembly is ready for inspection and for the initial acceptance test.

2. The customer shall make the necessary arrangements for subsequent annual testing and containment backflow prevention assemblies with a private sector certified tester. The tester shall notify the Code Administration Division in advance when the tests are to be undertaken so that the Code Administration Division may witness the testing if so desired. Testers shall submit test reports to the Code Administration Division within one week from the time that the test was conducted.

3. If a test discloses that the backflow prevention assembly(s) is not operating satisfactorily, the customer shall arrange for a certified repairperson to immediately make the necessary repairs. The repairperson shall prepare a detailed report on each test requiring repairs of each backflow prevention assembly and submit the report to the Code Administration Division within one week from the time that the repairs were completed.

B. Testing Isolation Backflow Prevention Assemblies. New installations of backflow prevention assemblies within the customer's water system shall be tested immediately upon installation and before water service is turned on or restored to the unit requiring the backflow prevention assemblies. The testing of backflow isolation prevention assemblies shall be conducted by a private sector certified tester. If a test discloses that the backflow prevention assemblies are not operating satisfactorily, the customer shall arrange for a certified repairperson to immediately make the necessary repairs. The repairperson shall prepare a detailed report and submit that report to the Code Administration Division within one week from the time the repairs were done.

8-08-120. Existing Backflow Prevention Assemblies.

Any existing backflow prevention assemblies shall be approved to continue service unless a higher degree of protection is required. In premises where the hazard has increased, as in the case of a change of occupancy, any existing backflow prevention assembly(s) shall be upgraded to comply with this Ordinance, or in the event that no assemblies are present, any premises where the Code Administration division has determined that a real or potential health hazard or system hazard exists shall be brought into compliance with this ordinance. Any existing backflow prevention assemblies that are not on the current list of approved backflow prevention assemblies may be approved to continue in service provided that the assemblies can be maintained, tested and that repair parts are available through the manufacturer. Whenever obsolete assemblies are replaced, they shall be replaced with current approved backflow prevention assemblies.

8-08-130. Certification of Testers and Repairpersons.

A. Initial Certification. To initially certify as a backflow prevention assembly tester, a person shall attend a forty (40) hour training course that has been approved by the Code Administration Division and successfully completed the written and performance examinations administered as part of the approved training course. A person who is employed by the appropriate licensed contractor in accordance with the New Mexico Construction Industries Licensing Act and attends and successfully completes the approved training course may be certified as a backflow prevention assembly repair person. The initial training shall be valid for the duration of three years from the completion date of the approved training course. The Code Administration Division shall issue a certificate to any person who meets the above requirements.

B. Re-certification of Testers and Repairpersons. A certified tester or repair person who wishes to remain active as a backflow assembly tester or repair person must renew their training requirements every three (3) years. To renew training requirements, certified testers and repair persons shall complete one of the following methods for re-certification:

1. Repeat an approved training course; or,

2. Successfully complete an approved eight hour re-certification training course; or,

3. Accrue twenty hours of approved continuing education credits; or

3. Successfully complete an approved re-certification examination administered by the Code Administration Division.

C. Approved Training Courses and Examinations. The Code Administration Division shall be responsible for approval of training courses. The approved training course shall meet the following minimum criteria:

1. The instructor shall be a certified tester or repairperson;

2. The duration of the course shall be at least forty hours, including laboratory time and examinations; and

3. The material covered shall be equivalent to the University of Southern California's Foundation for Cross Connection Control and Hydraulic Research training course.

D. Examinations. Other than re-certification examinations as may be administered by the Code Administration Division, Examinations shall be administered by the instructor conducting the training course or by an independent organization approved by the Code Administration Division. For initial certification examinations a performance of seventy-percent (70%) or better on the written portion of the examination and satisfactory completion of the laboratory examination constitutes successful completion of the course. For re-certification testing administered by the Code Administration Division or authorized agent of the Code Administration Division a performance of seventy-five percent (75%) or greater is required for re-certification application.

E. Re-certification Training Course. The Code Administration Division shall be responsible for approval of a re-certification training course(s). The approved re-certification training course shall meet the following minimum requirements:

1. The duration of the course shall be at least eight hours: and,

2. The course shall include a laboratory examination consisting of the actual testing of the three testable types of backflow prevention assemblies and a written examination.

F. Continuing Education Credits. Continuing education credits may be approved for participation in workshops and seminars whose curriculum is approved by the Code Administration Division, such as the Workshops and seminars conducted by the New Mexico Backflow Prevention Society and other professional organizations.

8-08-140. Revocation of Certification.

All certifications for backflow prevention testers and backflow prevention repairpersons shall be subject to revocation by the City.

A. The City of Alamogordo Code Administration Division may revoke certification of any certified backflow prevention assembly tester or certified backflow prevention assembly repair person:

1. Who fails to comply with the provisions of this Ordinance; or

2. Who falsifies tests, records or report; or

3. Who fails to submit copies of test reports to the Code Administration Divisions; or

4. Who fails to properly maintain test equipment; or

5. Who alters an existing backflow prevention assembly without approval of the Enforcement Authority.

B. Any person who falsifies backflow prevention assembly tests, records and reports shall be subject to the penalties provided within this ordinance.

C. The Code Administration Division shall advise the certified backflow prevention tester or certified backflow prevention repairperson in writing of the revocation of certification, and include the cause thereof. The certificate holder may appeal the decision and request a hearing before the Code Administration Supervisor. Said request must be filed in writing with the Code Administration Division within ten (10) days of the receipt of notification of revocation. Said hearing shall be scheduled within three (3) working days of the receipt of the request for hearing by the Code Administration Division. The supervisor may enforce the original decision, or overturn the decision. Any action to overturn may include probationary periods in which no further issues of violations may take place. If the Code Administration Supervisor reaffirms the original decision to revoke certification, the supervisor shall notify the certificate holder through certified mail service. Said letter to be mailed within three (3) working days of the date of the hearing. The certificate holder may further appeal the revocation before the City Commission. Within ten (10) days of the receipt of notification of final determination from the Code Administration Supervisor, the Certificate Holder may file a written request for hearing before the City Commission with the City Clerk's Office. The matter will be placed on the next available agenda to be heard before the Commission. The decision rendered by the Commission shall be considered final.

8-08-150 Fees.

The Code Administration Division shall assess fees associated with the implementation of this Ordinance. The fees imposed by this Ordinance are as follows:

A. Containment Inspection Fees. An inspection fee of $50.00 shall be assessed to all customers required to have premises inspections to cover the costs incurred by the Code Administration Division during the initial inspection of the premises. The inspection fee will only be assessed to those customers whose premises are not in compliance with this Ordinance at the time of inspection.

B. Backflow prevention Assembly Administrative Charge. All customers required to provide cross connection control containment and/or isolation shall be assessed an annual administrative fee of $30.00 (fee is not to be prorated in case of change of ownership) for each testable backflow prevention assembly(s) located at the premises. This fee incorporates expenses incurred by the Code Administration Division to maintain records, to process required testing notices and to enter data as required.

C. Initial Installation Registration Fee. New testable backflow prevention assemblies shall be subject to an initial registration fee by the City Code Administration Division. A fee of $55.00 dollars shall be assessed to cover the initial registration and cost of first year notifications expenses as incurred by the Code Administration Division.

D. Work Schedule. Inspections which are required to be witnessed buy the Code Administration Division shall be scheduled between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding regularly scheduled holidays. Required notice of inspections shall be in accordance with the rules and regulations established by the Code Administration Division. Testing outside regular hours will be allowed at the discretion of the Code Administrative Supervisor at an additional charge of $35.00 per hour for hours outside those list above and for Saturdays, and $70.00 per hour for Sundays and Holidays.

E. Backflow Tester and Repairman Certification. An administrative fee of $15.00 shall be assessed by the city for each application for backflow prevention certification and certification renewal. Replacement cards shall be made available by the city for a fee of $5.00 for each replacement card issued. Cost of course curriculum shall be the responsibility of the applicant.

The fees listed in item a, b and c of this section do not apply to non-testable containment devices installed on residential services by the City to protect the municipal water supply.

8-08-160 Other Fees and Charges.

Other fees and charges may include but are not necessarily limited to the type shown within this section. Items not covered within this section would be charged for based on reasonable charges and existing charges for similar items as may be charged by the city.

A. Regulation Documents. All persons may obtain a copy of the Regulations from the city for a fee not less than actual costs to reproduce the document.

B. Technical Specifications Document. All Persons may obtain copies of the Technical Specifications from the city for a feel of not less that the actual cost to reproduce the document.

C. Application for Alternative Methods and Materials. All persons filing an application for alternative methods and materials under Section 8-08-170, shall include with said application a non-refundable fee of $100.00 to cover cost incurred by the City in review of the alternate methods and materials proposed.

8-08-170 Alternate Materials and Methods.

Alternate methods for compliance to achieve the objectives of this Ordinance may be submitted for review to the Code Administration Division. Approval requires that the customer show that compliance with the requirements would pose an unreasonable burden and that the proposed alternate would provide equivalent backflow prevention.

A. Procedures for Requesting an Alternate Method for Compliance to Achieve the Objectives of this Ordinance. A written Application requesting an alternative method for complying with this Ordinance shall be addressed to the Code Administration Division Supervisor. In order to be considered, the application shall describe the specific requirement(s) for which an alternate installation is requested, justify the request by explaining the site specific circumstances that make compliance with the requirements of this Ordinance and associated Rule, Regulations and specifications is unreasonably difficult or impossible, and propose specific alternate specifications that will provide equivalent cross connection protection. The Code Administration Supervisor shall provide a written decision to the applicant within thirty days of receipt of a complete application.

8-08-180 Remote Installation of Containment Backflow Prevention Assemblies.

In instances where containment backflow prevention assemblies cannot be installed at the service connection, the customer may install the approved backflow prevention assembly at a remote location from the service connection.

A. On retrofit containment backflow prevention assembly installations, the customer must prove to the satisfaction of the Code Administration Division that the water service line between the city meter and the location of the containment backflow prevention assembly is completely protected from actual or potential cross connections. The customer shall implement steps satisfactory to the Code Administration Division to assure that no future connections will be made to this portion of the service line.

B. On new construction, the customer shall protect the service line between the meter and the containment backflow prevention assembly(s) by encasing it in concrete as per standard details and specifications, which are included in the Technical Specifications, The customer shall implement steps satisfactory to the Code Administration Division to assure that no future connections will be made to the service line between the city meter and the containment backflow prevention assembly(s).

8-08-190 Grounds for Termination of Water Service.

A. Not withstanding any other provisions of this Ordinance, in the event a system hazard is determined to exist; the Code Administration Division shall immediately terminate water service to the premises. The city shall attempt to notify the customer of the water service termination to the premises and of the system hazard in the premises. The city shall restore water service to the premises once the customer has controlled or eliminated the system hazard.

B. Failure to install required backflow prevention assembly(s) as directed by the Code Administration Division, failure to conduct required tests, failure to submit accurate and timely reports, failure to perform testing and maintenance of backflow prevention assemblies, or failure to allow the Enforcement Authority entry into a premises shall constitute grounds for termination of water service to the premises. Service shall not be restored until such conditions or defects are corrected. If water service is terminated for any of these reasons, a turn off and turn on water service fee will be assessed to the customer as per the requirements of City of Alamogordo ordinance governing water, sewer rates.

C. The City may terminate water service for nonpayment of the fees included in this Ordinance in accordance with the provisions of the City of Alamogordo Ordinance governing water, sewer rates.

8-08-200. Effective Date of this Ordinance.

The effective date of this ordinance is March 01, 2000. In the event that the Code Administration Division determines that a system hazard presents the potential of immediate hazard, the Code Administration Division may direct immediate correction within existing facilities in accordance with the provisions of this ordinance