HomeMy Public PortalAbout1204-08 CROSS CONNECTION AND BACKFLOW PREVENTION (WARD 1)
CROSS CONNECTION AND BACKFLOW PREVENTION BY-LAW
BY-LAW #1204-08
Page 1/13
The Council of The Town of Sussex, under authority vested in it by Section 189 of
the Municipalities Act R.S.N.B. (1973), chapter M-22 and amendments thereto,
enacts as follows:
I. TITLE
(A) This by-law may be cited as the “Town of Sussex Cross Connection
and Backflow Prevention By-Law”.
(B) The provisions of this by-law apply to the entire area within the Town
limits of the Town of Sussex and to agreements which provide service
to areas outside the Town limits.
II. DEFINITIONS
In this by-law:
(i) “Approved” means accepted by the Works Officer as meeting
applicable specification stated or cited in this by-law, or as
suitable for the proposed use.
(ii) “Auxiliary Water Supply” means any water supply or source
other than the water supply of the Town’s water system that
may be available in a building or on any premises.
(iii) “Backflow” means the flow of water or other liquids, mixtures
or substances, under positive or reduced pressure in the
distribution pipes of a potable water supply from any source
other than its intended source.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 2/13
II. DEFINITIONS (cont’d)
(iv) “Backflow Preventer” means a device or means designed to
prevent backflow or back-siphonage most commonly
categorized as air gap, reduced pressure principle device,
double check valve assembly, pressure vacuum breaker,
atmospheric vacuum breaker, hose bibb vacuum breaker,
residential dual check, double check with intermediate
atmospheric vent, and barometric loop; more specifically:
(a) “Air Gap” means a physical separation sufficient to
prevent backflow between the free-flowing discharge end
of the potable water system and any other system.
Physically defined as a distance equal to twice the
diameter of the supply side pipe diameter but never less
that one (1) inch;
(b) “Atmospheric Vacuum Breaker” means a device which
prevents back-siphonage by creating an atmospheric
vent when there is either a negative pressure or sub-
atmospheric pressure in a water system;
(c) “Barometric Loop” means a fabricated piping
arrangement rising at least thirty five (35) feet at its
topmost point above the highest fixture it supplies and
is utilized in water supply systems to protect against
back-siphonage;
(d) “Double Check Valve Assembly” means an assembly of
two (2) independently operating spring loaded check
valves with tightly closing shut off valves on each side
of the check valves, plus properly located test cocks for
the testing of each check valve;
(e) “Double Check Valve with Intermediate Atmospheric
Vent” means a device having two (2) spring loaded
check valves separated by an atmospheric vent chamber;
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 3/13
II. DEFINITIONS (cont’d)
(iv) (f) “Hose Bibb Vacuum Breaker” means a device which is
permanently attached to a hose bibb and which acts as
an atmospheric vacuum breaker.
(v) “Backpressure” means a condition in which the owner’s
system pressure is greater than the supplier’s system pressure.
(vi) “Back-siphonage” means the flow of water or other liquids,
mixtures or substances into the distribution pipes of a potable
water supply system from any source other than its intended
source caused by the sudden reduction of pressure in the
potable water supply system.
(vii) “Building water line” means the extension of the water
service from the property line to a building being served.
(viii) “Clerk” means the Clerk of the Town Of Sussex.
(ix) “Containment” means a method of backflow prevention which
requires a backflow prevention preventer at the water service
entrance.
(x) “Contaminant” means a substance that would impair the
quality of the water to a degree that it creates a serious health
hazard to the public leading to poisoning or the spread of
disease.
(xi) “Council” means the Council of the Town of Sussex.
(xii) “Cross Connection” means any actual or potential connection
between a potable water system and any source of
contamination or pollution. By-pass arrangements, jumper
connections, removable sections, swivels or changeover
devices, or any temporary or permanent connecting
arrangements through which backflow may occur are
considered to be cross connections.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 4/13
II. DEFINITIONS (cont’d)
(xiii) “Customer’s sewer system” means a sewer system owned by
the Village of Sussex Corner.
(xiv) “Day” means a time span of twenty-four hours or any part
thereof.
(xv) “Dwelling unit” means a room or suite of two or more rooms
designed or intended for use by an individual or family in
which culinary facilities are restricted to kitchen and sanitary
conveniences provided for the exclusive use of such individual
or family.
(xvi) “Fixture Isolation” means a method of backflow prevention in
which a backflow preventer is located to correct a cross
connection at an in-plant location rather than at a water
service entrance.
(xvii) “May” is construed as permissive.
(xviii) “Meter” means an apparatus to measure the consumption of
water or wastewater.
(xvix) “Owner” means the person in whose name the property is
assessed under the Assessment Act, chapter A-14, R.S.N.B.
(1973) and amendments thereto and includes the executors,
administrators and assigns of such person and should there be
more than one (1) owner, it shall mean each of such owners
jointly and severally.
(xx) “Permit” means a document issued by the Town which
regulates the use of a backflow preventer.
(xxi) “Person” means any individual, partnership, company, public
or Private Corporation or agency of the Province of New
Brunswick, agency or any other legal entity.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 5/13
II. DEFINITIONS (cont’d)
(xxii) “Pollutant” means a foreign substance, that, if permitted to
get into the public water system, will degrade its quality so as
to constitute a moderate hazard, or impair the usefulness or
quality of the water to a degree which does not create an actual
hazard to the public health but which does adversely and
unreasonably affect such water for domestic use.
(xxiii) (a) “Pressure Vacuum Breaker” means a device containing
one or two independently operated spring loaded check
valves and an independently operated spring loaded air
inlet valve located on the discharge side of the check or
checks. This device includes tightly closing shut-off
valves on each side of the check valves and properly
located test cocks for the testing of the check valve(s);
(b) “Reduced Pressure Principle Backflow Preventer”
means an assembly consisting of two (2) independently
operating approved check valves with an automatically
operating differential relief valve located between the
two (2) check valves, tightly closing shut-off valves on
each side of the check valves plus properly located test
cocks for the testing of the check valves and the relief
valve;
(c) “Residential Dual check” means an assembly of two
(2) spring-loaded, independently operating check valves
without tightly closing shut-off valves and test cocks
generally employed immediately downstream of the
water meter to act as containment device;
(xxiv) “Reservoir” means a facility where water is stored.
(xxv) “Shall” is construed as being mandatory.
(xxvi) “Town”, when hereinafter used, shall mean and include all the
area within the boundary limits of the Town of Sussex.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 6/13
II. DEFINITIONS (cont’d)
(xxvii) “Treasurer” means the Treasurer of the Town of Sussex.
(xxviii) “Water and/or water supply” means the water supplied by
the water system to consumers for the purposes specified in
this By-Law.
(xxix) “Water service” means any water pipe operated by or on
behalf of the Town to which owners of premises are connected
by a building water line at the property line.
(xxx) “Water service lateral” means a water pipe leading from a
watermain to a building served.
(xxxi) “Water system” includes a system of wells, reservoirs,
watermains, lands and appurtenances owned and operated by
the Town and required for the drawing, storing, treating,
distributing and selling of water to consumers and for fire
protection services.
(xxxii) “Watermain” means a pipe which distributes water in the
streets or public places or on private lands by virtue of
easement.
(xxxiii) “Works Department” means the Sussex Works Department.
(xxxiv) “Works Officer” means the Works Officer of the Works
Department of the Town Of Sussex or his designate who is
invested with responsibility for the implementation of a cross
connection control program and the authority for the
enforcement of the provisions of this By-Law.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 7/13
III. CROSS CONNECTION AND BACKFLOW PREVENTION
(A) The Town shall operate a cross connection program, to include the
keeping of necessary records, which fulfills the requirements of the
Province of New Brunswick Cross Connection Regulations and which
is approved by Council.
(B) If the Town requires that the public water supply be protected by
containment, the owner shall be responsible for water quality beyond
the outlet end of the containment device and shall utilize fixture
outlet protection for that purpose. The owner may request public
health officials or personnel from the Town to assist him in the
survey of his facilities, in the selection of proper fixture outlet devices
and the proper installation of these devices.
(C) The Works Officer shall have right of access to all parts of an owner’s
property or premises at all reasonable hours for the purpose of
inspecting any water pipes, fittings or appliances. The Town shall
have the right to suspend water service to any owner who refuses
such access or does not respond to requests by the Works Officer for
such access.
(D) The Works Officer or his designate shall be responsible for the
protection of the public potable water distribution system from
contamination or pollution due to the backflow or back-siphonage of
contaminants or pollutants through the water service connection.
(E) If, in the opinion of the Works Officer, an approved backflow device is
required at the Town’s water service connection to any owner’s
premises, the Works Officer or his designate shall give notice in
writing to said owner to install an approved backflow prevention
device at each service connection to his premises. The owner shall,
within 90 days install such approved device or devices, at his own
expense, and failure or refusal, or inability on the part of the owner
to install said device or devices within ninety (90) days shall
constitute a ground for discontinuing water service to the premises
until such device or devices have been properly installed.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 8/13
IV. REQUIREMENTS
(A) On all new installations, the Town shall provide onsite evaluation
and/or inspection of plans in order to determine the type of backflow
preventer that will be required. The Province requires all testable
devices be field tested in conformance with CSA B64.10, “Backflow
Prevention Devices – Selection, Installation, Maintenance and Field
Testing” by a certified tester and a copy of the test results be filed
with the Province by the owner prior to the Town activating a water
service. In any case, a minimum of a dual check valve will be
required in any new construction.
(B) All single family units shall be required to install a residential dual
check device immediately upstream of the water meter. All other
multi-family units shall be required to install a double check valve
assembly immediately upstream of the water meter. Installation of
dual check valve devices on a retrofit basis on existing service lines
shall be instituted at a time and at a cost to the Town. The owner
shall be aware that the installation of a check valve may result in a
potential closed plumbing system within the residence. As such,
provisions shall be made by the Town to provide for thermal
expansion within the closed loop system by the installation of
thermal expansion devices and/or pressure relief valves.
(C) The Town shall require that all new retrofit installations of reduced
pressure principle devices and double check valve backflow
preventers include the installation of strainers located immediately
upstream of the backflow device. The installation of strainers will
preclude the fouling of backflow devices due to both foreseen and
unforeseen circumstances occurring to the water supply system such
as water main repairs, water main breaks, fires, periodic cleaning
and flushing of mains, etc. These occurrences may “stir up” debris
within the watermain that will cause fouling of backflow devices
installed without the benefit of strainers.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 9/13
IV. REQUIREMENTS (cont’d)
(D) The Town will not permit or allow any cross-connection to remain
unless it is protected by an approved backflow preventer for which
permission has been issued by the Town and which device, if
testable, will be regularly tested to insure satisfactory operation.
(E) If the Town determines at any time that a serious threat to the public
health exists from any water service, that water service will be
discontinued immediately without written notice.
(F) The owner shall be responsible for the elimination of or protection
from all cross connections on his premises.
(G) The owner, after having been informed by a letter from the Province,
shall at his expense have tested any testable backflow preventers on
his premises.
(H) The owner shall correct any malfunction of any testable backflow
preventer which is revealed by periodic testing and shall file with the
Province a copy of the testing result
(I) The owner shall inform the Town of any proposed or modified cross
connections and also any existing cross connections of which the
owner is aware.
(J) The owner shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who cannot shut down operation for testing of the device(s)
must supply additional devices and bypasses necessary to allow
testing to take place.
(K) The owner shall install backflow preventers in a manner approved by
the Province and which will conform with the requirements of
National Plumbing Code of Canada, 1995, and subsequent revisions
thereof, and further; which shall be selected, installed, maintained
and field tested in conformance with CSA B64.10 “Backflow
Prevention Devices – Selection, Installation, Maintenance, and Field
Testing”.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 10/13
IV. REQUIREMENTS (cont’d)
(L) The owner(s) of all residential units shall install only backflow
preventers approved by the Town.
(M) The owner shall be responsible for the payment of all fees for annual
device field testing and retesting in the case that the device fails to
operate correctly and second reinspections for non-compliance with
the Town requirements.
V. CROSS CONNECTION AND BACKFLOW PREVENTION TESTING
(A) All residential dual check backflow preventers are not testable and
shall be replaced every five (5) years.
(B) All residential double check valve assembly backflow preventers shall
be tested annually as required by the Province and are paid for by the
Town.
(C) All non-residential double check valve assembly backflow preventers
shall be tested annually or more frequently as required by the
Province and are paid for by the owner.
VI. EXISTING IN-USE BACKFLOW PREVENTION DEVICES
Any existing backflow preventer shall be allowed by the Town to continue
in service unless the degree of hazard is such as to supercede the
effectiveness of the present backflow preventer or result in an unreasonable
risk to the public health. Where the degree of hazard has increased, as in
the case of a residential installation converting to a business or commercial
establishment, any existing backflow preventer must be upgraded to a
reduced pressure principle device, or a reduced pressure principle device
shall be installed in the event that no backflow device was present.
VII. PERIODIC TESTING OF BACKFLOW PREVENTION DEVICE
(A) Reduced pressure principle backflow devices shall be field tested and
inspected at least annually.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 11/13
VII. PERIODIC TESTING OF BACKFLOW PREVENTION DEVICE (cont’d)
(B) Periodic testing shall be performed by a certified field tester or his
delegated representative and a copy of the testing results shall be
filed with the Province. All field testing and retesting shall be
conducted at the owner’s expense.
(C) The testing shall be conducted during the Town’s regular business
hours. Exceptions to this, when at the request of the owner, testing
may require additional charges to cover the increased costs to the
Town.
(D) Any backflow preventer which fails during a periodic test shall be
repaired or replaced. When repairs are necessary, upon completion of
the repair, the device will be re-tested at owner’s expense to insure
correct operation. High hazard situations shall not be allowed to
continue, unprotected. If the backflow preventer fails the test and
cannot be repaired immediately, a new backflow prevention device of
the same type shall be installed immediately and if not connected,
the service shall be discontinued. In other situations, a compliance
date of not more than thirty (30) days after the test date shall be
established. The owner is responsible for spare parts, repair tools, or
a replacement device. Parallel installation of two (2) devices is an
effective means of the owner insuring uninterrupted water service
during testing or repair of devices, should the owner desire such
continuity.
(E) Backflow prevention devices in a non-residential application shall be
tested more frequently than specified in section VII; in cases where
there is a history of test failures and the Town determines that, due
to the degree of hazard involved, additional testing is warranted.
Cost of the additional tests shall borne by the owner.
VIII. PENALTIES
(A) Any person violating any of the provisions of this by-law shall
become liable to the Town for any expense, loss or damage
occasioned the Town by reason of such violation.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 12/13
VIII. PENALTIES (cont’d)
(B) Any person found violating any provision of this by-law or who
suffers or permits any act or thing to be done in contravention or
violation of any provision thereof or neglects or fails to do any act or
thing herein required is liable on summary conviction to a fine as
may be imposed for commission of an offence punishable under Part
II of the Provincial Offences Procedure Act, R.S.N.B. (1973), Chapter
P-22.1, and amendments thereto, as a Category C offence.
(C) The provisions of Sections III, IV, V, and VI are cumulative and
optional and one or more of the remedies provided to the Town may
be undertaken simultaneously at the option of the Town.
IX. PLURAL OR FEMININE TERMS
Plural or feminine terms may apply whenever the singular, masculine or
feminine is used in this by-law. It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or
parties hereto so requires.
X. VALIDITY
The invalidity of any section, clause, sentence or provision of this by-
law shall not affect the validity of any other part of this by-law which can
be given effect without such invalid part or parts.
Cross Connection and
Back-Flow Prevention By-Law
By-Law # 1204-08
Page 13/13
READ FIRST TIME BY TITLE JUNE 23, 2008
READ SECOND TIME BY TITLE JUNE 23, 2008
READ IN ENTIRETY AUGUST 25, 2008
THIRD READING BY TITLE
AND ENACTED AUGUST 25, 2008
RALPH A. CARR PAUL I. MAGUIRE
MAYOR TOWN CLERK