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HomeMy WebLinkAboutOrdinance 90-13 ORDINANCE NO. 90- 13 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO CROSS CONNECTION CONTROL FOR PUBLIC WATER SUPPLY; ENACTING A NEW ARTICLE VII OF CHAPTER 22 OF THE CODE OF ORDINANCES; ESTABLISHING A CONTINUOUS CROSS CONNECTION CONTROL PROGRAM WHICH REGULATES CROSS CONNECTIONS WITH THE PUBLIC POTABLE WATER SUPPLY; ADOPTING A MANUAL OF CROSS CONNECTION CONTROL; PROVIDING FOR INSPECTIONS; PROVIDING FOR PROPERTY ACCESS; PROVIDING FOR ENFORCEMENT COSTS AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a safe and healthful public potable water system is essential to the public health, safety and welfare: and WHEREAS, cross connections or the possibility of backflow into the public potable water system presents a grave hazard to the public health, safety and welfare: and WHEREAS, the adoption of regulations protecting the public potable water system is of critical importance to the protection of the public health, safety and welfare. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section l. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. Section 2. The following Article VII of Chapter 22 of the Code of Ordinances is hereby created and reads as follows: ARTICLE VII CROSS CONNECTION CONTROL Section 22-150. Cross Connection Control Manual. The Code of the City of Ocoee, Florida, is amended by the adoption of "Manual of Cross Connection Control", dated June 1. 1990. Compliance with the Manual and the Cross Connection Control program contained therein is hereby required. Section 22-151. Cross Connections Control Inspections. . The Utilities Director or his designee shall cause inspec- tions to be made of all properties served by the public potable water supply where cross connections with the public potable water supply is deemed possible. The frequency of inspections and reinspect ions based on potential health hazards involved shall be as established by the "Manual of Cross Connection Control" of the Utilities Department of the City and in no case shall be less than once per year. Fees or charges may be established by the City for such inspections by resolution of the City Commis- sion. Section 22-152. Property Access for Cross Connection Control. Duly authorized employees of the City bearing proper creden- tials and identification shall be permitted to enter any building, structure, or property served by a connection to the public potable water supply system of the City for the purpose of inspec- ting the piping system or systems on such property. Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. If such consent is refused the City may obtain an inspection warrant pursuant to Section 933.21, Florida Statutes. Section 22-153. Discontinued Service. . No water service connection shall be installed or maintained by the City unless the consumer is in compliance with the require- ments of the Cross Connection Control Manual. Service of water to any premises shall be discontinued if a back flow prevention device is not installed, tested and maintained or if an unprotected cross connection exists on the premises. Notice shall be given to the consumer prior to discontinuing service except where, in the judgment of the Utilities Director or his designee, the threat to public health is such that action must be taken immedi- ately. Section 22-154. Protection of Public Potable Water Supply Labeling. The potable water supply made available on the properties served by the public potable water supply shall be protected from present or future possible contamination as specified by the Cross Connection Control Manual and by State and City plumbing codes. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled "WATER UNSAFE FOR DRINKING" or "NON-POTABLE WATER" in a conspicuous manner. Section 22-155. Cross Connection Control Expenses and Records. The consumer shall bear all expense of installing, testing and maintaining the protection devices required by the Cross Connection Control Manual to ensure proper operation on a con- tinuing basis. Installation, testing and maintenance of pro- tective devices shall be conducted by certified personnel approved by the City's Utilities Department. The consumer shall notify the City's Utilities Department at least forty-eight (48) hours in advance, in writing, when the tests are to be undertaken so that it may have a representative witness the tests if it is so desired. The consumer shall keep records on his testing, maintenance, and repair activities related to cross connection control and shall make these records available upon request. Copies of all testing, maintenance, and repair records shall be sent to the City's Utilities Department immediately after the work is performed. Section 22-156. Cross Connection-Other Codes and Rules. . The Cross Connection Control Manual does not supercede the Standard Plumbing Code of the Southern Building Code Congress International, the Florida State Department of Health Plumbing Rules, or any City plumbing ordinance but is supplementary to them. When conflicts exist between the Manual and building codes the more restrictive provision shall apply. Section 22-157. Cross Connection/Violation Liability. Any person or customer found guilty of violating any of the provisions of this Article shall be punishable in accordance with Section 1-8 and Chapter 7.5 of the Code of Ordinances. In addition, such person or customer shall pay all costs and expenses involved in the case. Each day upon which a violation of the provisions of this Article shall occur shall be deemed separate and additional violation. Any person or customer in violation of any of the provisions of this Article shall become liable -2- to the City for any expense, loss or damage incurred by the City by reason of such violation to include attorney's fees. In addition to any penalty provided by law for the vi61ation of any of the provisions of this Article, the City may bring suit in the appropriate court to enjoin, restrain, or otherwise prevent the violation of any of the provisions of this chapter. Section 22-158. Cross Connection Public Employees. No provision of this chapter designating the duties of any City officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for failure to perform such duty. . Section 22-159. Cross Connection Areas Embraced. All territory within the City of Ocoee and the County of Orange served by the City of Ocoee potable water system, shall be governed by this chapter to the extent permitted by law. Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this )9~ day of fuJl6 , 1990. ADVERTISED June 7 , 1990 READ FIRST TIME June 5 , 1990 READ SECOND TIME AND ADOPTED .T nne 1 9 , 1 9 9 0 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA ~ .~.. /' e:.. . ~ ayor APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON J fA 101 E I ~ , 19 9 0 UNDER AGENDA ITEM NO. 11 B . FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FOftM AND LEGALITh this I,1b day of ~ U;'\( ---; 1990 FOLEY GAY, & LARDNER, VAN DEN BERG, (?:j ~7(;;jj City Attorney By: -3-