2014-04 ORDINANCE NO. 2014-04
AN ORDINANCE (I) AMENDING CHAPTER 38, ARTICLE III, SECTION 38-31, OF
THE CODE OF THE CITY OF FAIRFAX,VIRGINIA, (II)REDESIGNATING
CHAPTER 38,ARTICLES IV,V AND VI AS NEW CHAPTER 38, ARTICLES V,VI
AND VII,AND (III) ADDING A NEW CHAPTER 38, ARTICLE IV,PERTAINING
TO CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 38,
Article III, Section 38-31, of the Code of the City of Fairfax, Virginia, pertaining to
procurement, is hereby amended as follows:
"Sec. 38-31. Definitions.
The following definitions shall apply to this article:
Bulk waste. Appliances, furniture, bedding material, automobile parts, mechanical equipment,
mechanical parts, carpet or similar material.
Commercial waste. All materials or substances from any retail, wholesale, or commercial
establishment.
Designated enforcement officer. The director of code administration or his designee, any city
law enforcement officer, or duly designated sworn special police officer.
Dump. To dump, throw, release, spill, leak, discard, place, deposit or dispose of or allow to be
dumped,thrown, released, spilled, leaked, discarded, placed, deposited or disposed.
Hazardous waste. Insecticides, poisons, corrosives, combustibles, caustics, acids, infectious
materials, explosives, compressed gases, biological and chemical materials, radioactive
materials, flammable materials, and petroleum products, or similar materials.
Industrial waste. All materials or substances related to manufacturing, processing or
production.
Litter. Any can, bottle, box, carton, container, paper, wrapper, tobacco product, rag, cloth or
newspaper.
Person. Any individual, firm, owner, sole proprietorship, partnership, corporation
unincorporated association, governmental body, municipal corporation, executor,
administrator,trustee, guardian, agent, occupant or other legal entity.
Public health or safety menace. Any condition that may be injurious to the public health or
safety including,but not limited to:
(1)Unburied dead animals;
(2) Accumulations of water causing mosquito or other vector breeding or proliferation, except
as a required source of water for beehives as defined in chapter 7;
(3)Unsanitary disposal of sewage, debris, or solid wastes; rodent and insect infestations;
(4) The accumulation of fowl, honeybees and animals in such a manner as to create a
condition that may be injurious to the public health or safety;
(5) The accumulation of solid waste in such a manner as to create a condition that may be
injurious to the public health or safety;
(6) Open excavations, open wells, pits,trees or parts thereof in danger of falling;
(7)Unsecured vacant structures; of
(8)Habitation for bats, wasps or other venomous pests; or
• • - •L - i• 'i v'• . '• •f..ti 1- V •f i h.. -r
Solid waste. Litter, garbage, trash, industrial waste, bulk waste, yard waste, commercial
waste, hazardous waste, structural waste, tires, or any other condition, substance, material,
product or thing which may be detrimental or potentially harmful to health, safety, comfort
and general welfare of the public or the environment.
Structural waste. All building materials resulting from erecting, removing, repairing,
remodeling or razing buildings or other structures.
Yard waste. All materials derived from trees, shrubbery, leaves, fallen branches, lawn
trimmings, and other woody waste."
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that
Chapter 38, Articles IV, V and VI, are hereby redesignated as Articles V, VI and VII,
respectively.
BE IT FURTHER ORDAINED, by the City Council of the City of Fairfax, Virginia, that a
new Article IV is hereby added to Chapter 38, to read in its entirety as follows:
" : 1 _ _ - 1hi 1h 1L : 1 : LI : . . . 1 A
PREVENTION.
Sec. 38-42. General.
This article provides for th- •rotection of the •ublic drinkine water sunnly from •ossible
contamination caused by back pressure or back siphonage conditions, in accordance with the
regulations of the Virginia Department of Health and Virginia Uniform Statewide Building
Code (International Plumbing Code).
Sec. 38-43. Definitions.
••• • 'e ha m-.n h- • He'll. •ffici.l of he i or i d- i•n--
Customer shall mean the owner, tenant, manager or person in control of any premises with a
connection to the public water system.
Public Water System shall mean the waterworks within the municipal boundaries of the city
operated by the Fairfax Coun y Water Authority ("Fairfax Water").
Purveyor shall mean Fairfax Water,
Waterworks Regulations shall mean the regulations promulgated from time to time by the
V' •ini. 1- ..t - • -.lh ••v-rein' w. -rw• k ._lo • - .- • i .11 h.t .• ion of
the Virginia Administrative Code beginning at 12VAC5-590, as the same may be amended.
Where terms used in this article, not otherwise defined in this article, have specific definitions
within the Waterworks Regulations, those definitions shall apply.
Sec. 38-44. Administration and Enforcement.
A. The code official shall be responsible for the administrative, inspection, and record-
keeping functions required by this article.
B. The code official shall notify the purveyor of any noncompliance with the backflow
prevention requirements. The purveyor may, as provided for in this article, deny water service
to a customer if the backflow prevention requirements are not complied with.
Sec. 38-45. Cross-Connection.
• . N. .-r • , !.11 in t.l • .in .i . w. - - i - • ,_s- ion • ._� _.r-mi - we-r- re -
connections to the public water system or a customer's water system may exist unless such
cross-connections are abated or controlled to the satisfaction of both the code official and the
purveyor pursuant to the requirements of this article, and in accordance with state law.
B. No person shall install or maintain any connection to the waterworks whereby water from
an auxiliary water supply may enter the public water system or customer's water su m Ul unless
the auxiliary water system and the method of connection and use of such system shall have
been approved by the code official and the purveyor.
Sec. 38-46. Where Protection is Required.
A. An approved backflow prevention device shall be installed on each service line from the
public water system to a customer's water system where any of the following conditions exist:
1. Premises having an auxiliary water system, unless such auxiliary water s stem is
accepted as an additional water supp v source by the code official and the curve or.
2. Premises for which the code official determines that any substance is handled in a
manner which creates a backflow hazard to the public water system (including
premises having sources or systems containing process fluids or an auxiliary water
system).
3. Premises having internal cross-connections or intricate .lumbing arrangements that
make it impractical for the code official to determine whether or not cross-connections
exist.
4, Premises where, because of security requirements or other prohibitions or
restrictions, it is impossible or impractical for the code official to make a complete
cross-connection survey.
5. Premises having a history of cross-connections, as shown in the records of the
office of code administration.
6. Premises having fire protection stems utilizin' .c sin. is s of sri -r ir- ...
tor.• - • _ ' i . .n • --z- .rc - tie or • —ili. w. -r -m B. An . ..rev-d
backflow prevention device shall be installed on each service line to a customer's water
system serving the following types of facilities:
1. Hospitals, mortuaries, clinics: veterinary establishments. nursing homes and
medical buildings;
2. Laboratories;
3. Sewage pumping stations, or stormwater pumping stations;
4. Food and beverage processing plants;
5. Chemical plants, dyeing plants, and pharmaceutical plants;
6. Metal plating industries;
7. Petroleum processing or storage plants;
8. Radioactive materials processin' elan or n c -. -. ter •
9, Car washes and laundries;
10. Facilities with lawn sprinkler systems or irrigation systems;
11. Fire service systems;
12. Slaughterhouses and poultry processing plants;
13. Farms where the water is used for other than household purposes;
14 Commercial greenhouses and nurseries:
15. Health clubs with swimming pools, therapeutic baths, hot tubs, or saunas;
16. Paper and paper products plants and printing plants;
17. Pesticide or exterminating companies and their vehicles with storage or mixing
tank
18, Schools or colleges with laboratories;
19. Hi hrise buildings (four(41 or more stories):
20. Multi-use commercial, office, or warehouse facilities; and
21. • h-r sr-mis- se- ifi-. . p- •d- sffi i.1 wh-re h- to -n i. for . .ackfl•w .r
cross-connection hazard exists.
P -mi - .. 't• ••p -r • m. •1I- -. • h- wa -me h. 1 p- -. its-4 wi . 1.
pressure regulating or cutoff device to shut off the booster •ump when the pressure in the
waterworks drops to a minimum of 10 psi sauce
Sec. 38-47. Installation and Maintenance of Devices.
A. Approval of backflow prevention devices and the vpe of protection re.uired shall be in
accordance with these requirements and the standards provided in the Waterworks
Regulations.
: WI- - D, .w .r-v-n '.. ..s .w-. - .r- • .-v. - - -o i -1 h- . 1 .-
installed and maintained continuously in satisfacto and effective operation by the customer
at his expense.
Sec. 38-48.Insnection and Testing.
A. The code official shall make an initial inspection of the water systems of new commercial
and multifamily residential developments and industrial •ipin• customers to determine
whether there is any hazard to the public water system from backflow or cross-connection.
B. The code official shall perform a cross-connection survey of the premises of all
set -r '. . . • ._i•il .-v- • pip- t ._is • p rip •'.in! - . • -r w' in - i
For premises required b this article to have a backflow device installed at the service line,the
cross-connection survey shall b- performed annually; for all other commercial. multifamil
development, and industrial piping system premises, the cross-connection survey shall be
performed once in each two year period.
C. Where backflow devices are required by this article, the customer shall have said backflow
devices tested annually by a certified testing agency and shall submit reports of such tests to
the code official in a form to acceptable to the code official. The code official shall provide a
f• for hi . . •• e •r m. . - . . sill' .r form •nt.inin• t - r-. • -. • f.rm.ti•n
Sec. 38-49. Right of Entry to Enforce Article.
The code official may inspect the facilities of any commercial, multifamily develo pment and
industrial piping stem customer to ascertain whether the purposes of this article are being
met and all requirements are being complied with. Customers shall allow the code official or
his duly authorized agent bearing proper credentials ready access at all reasonable times to
those parts of the premises necessary to inspect, observe and test in accordance with the
provisions of this article.
Sec. 38-50. Violations.
A. If a violation of any provision of this article is found upon any inspection or cross-
inn- ion - • -r .l p- . 'fi-• i wr' 'n• . - vi•1, '.n •iv-n
i _ 1 . , e • i - h- v•. . ion_ A - - . of p- hit _ 1 p . _.- i.. ._ • -
inspection shall be made. If the violations have not been remedied, a letter of violation will be
issued to the customer who must make repairs within ten (10) days, or further actions may be
taken by the code official.
B. Abatement of Violation
Upon finding a violation of any part of this article that poses a substantial threat to life and
health as determined by the code official, the code official may order immediate abatement of
the violation. Where the customer is unable to effect immediate abatement, the code official
ma at his discretion, direct th- surveyor to discontinue water service to the customer or may
- - ..i • .- .•- • p sr-mi -s. .L -r- t. • in u -x.-n - . h.v- r- s..• mad-
the customer will be billed for the cost of the repairs and any unpaid bill may be collected as
set forth in section 38-35 of this code.
Otherwise wate service to a customer may be denied or discontinued upon continuation of
any violation beyond the time limit given in the letter of violation provided for in section 38-
50 of this code or repairs may be made and costs billed to the customer as set forth above."
This ordinance shall become effective as provided by law.
INTRODUCED: March 11, 2014
PUBLIC HEARING: March 25, 2014
ENACTED: March 25, 2014
Mayor
07//
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Date
ATTEST:
City Clerk
Votes
Councilman DeMarco Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilmember Schmidt Aye
Councilman Stombres Aye