BACKFLOW PREVENTION AND CROSS CONNECTION CONTROL

Charlotte City Code ch. 23, art. V

in effect

Charlotte City Code § 23-171 Definitions.

Sec. 23-171. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Air-gap separation means an unobstructed vertical distance through the atmosphere between the lowest opening from any pipe or faucet supplying water from any source to a tank, plumbing fixture or other device and the flood level rim of the receptacle. An approved air-gap separation shall be at least double the diameter of the supply pipe. In no case shall the air-gap separation be less than one inch. An approved air-gap separation is an effective method to prevent backflow and shall be considered as a backflow-prevention assembly. Approved, in reference to backflow-prevention assemblies or methods, means those assemblies or methods which have been accepted by CMU as an effective device or method to prevent backflow. Assembly means backflow-prevention assembly. Auxiliary water supply means any water source other than the public water system that is used in conjunction with or is otherwise available to a private water system. Backflow means any flow of water, other liquid, gas, other substances or any combination thereof into the public water system from any source due to an unprotected cross connection, backpressure, backsiphonage, any combination thereof or any other cause, provided that the following activities by CMU shall not be construed as backflow: (1) The introduction of raw water into a CMU water treatment plant; (2) The treatment of such raw water in a CMU water treatment plant; and (3) The introduction of such treated water by CMU into the public water system. Backflow-prevention assembly means an effective device or method used to prevent backflow. Backpressure means any pressure on water, other liquid, gas, other substances or any combination thereof in a private water system that is connected in any manner to the public water system under circumstances in which such pressure is greater than the pressure on the water in the public water system so that backflow may occur. Backsiphonage means any circumstance in which the pressure on the water in the public water system is less than the atmospheric pressure which causes a subatmospheric condition on water, other liquid, gas, other substances or any combination thereof in a private water system that is connected in any manner to the public water system so that backflow may occur. Certified tester means an individual person who has proven his competency to test, repair and overhaul backflow-prevention assemblies of all types and to prepare reports on such assemblies as evidenced by the successful completion of a training program approved by CMU. Containment means the prevention of backflow from a private water system by an approved, properly functioning backflow-prevention assembly which is installed, operated and maintained in accordance with this article. Contamination means the impairment of the quality of water to a degree that human consumption could result in poisoning or the spread of disease. Customer means any person who is capable of receiving water from the public water system through the customer's private water system without regard to whether CMU is aware of the existence of such customer. If such person does not own the private water system, the term "customer" shall also be construed to include the person who owns the private water system. Customer's potable water system means the private water system through which a customer receives water from the public water system for purposes of human consumption. Customer's private water system means the private water system through which a customer is capable of receiving water from the public water system. Degree of hazard means the evaluation of a hazard within a private water system as moderate, high, imminent or existing. Double-checkvalve assembly means an approved, properly functioning assembly composed of two, independently acting checkvalves, including tightly closing shutoff valves attached at each end of the assembly and fitted with properly located testcocks. This assembly may only be used to protect against a moderate hazard. Existing hazard means an actual contamination of the public water system or a customer's potable water system that could cause illness or death or damage to the physical components comprising the public water system. High hazard means an actual or potential threat of contamination to the public water system or to a customer's potable water system that could cause serious illness or death. Imminent hazard means an actual threat of contamination to the public water system that could cause serious illness or death. Moderate hazard means an actual or potential threat of damage to the physical components comprising the public water system or a customer's potable water system or of pollution to the public water system or to a customer's potable water system. Pollution means the presence of any substance in water that tends to degrade the quality of such water or adversely affects the usefulness of such water. Potable water means water from any source which has been approved for human consumption by the appropriate agency of the state and/or county. Private water system means any pipe, system of pipes or other associated facilities that are not part of the public water system and are used in whole or in part to move or receive water regardless of the source of the water in such system. Protected cross connection means any physical connection or other condition which does not permit backflow because containment is achieved. Public water system means the potable water system owned and operated by the city through CMU and the water contained therein. This system includes all distribution mains, lines, pipes, connections, storage tanks and other facilities conveying potable water from the several water treatment plants to the service connection of each customer. Reduced-pressure principle assembly means an approved, properly functioning assembly containing two, independently acting checkvalves with a hydraulically operating, mechanically independent pressure-differential relief valve located between the checkvalves and at the same time below the first checkvalve. The assembly must include properly located testcocks and tightly closing shutoff valves at each end of the assembly. This assembly is designed to protect against a high hazard or an existing hazard. Service connection means the terminal end of a complete service connection or, in the absence of a complete service connection, the point at which water leaves the public water system and enters a private water system. Unapproved water supply means a water supply which has not been approved for human consumption by the appropriate agency of the state and/or county. Unprotected cross connection means any physical connection or other condition which could permit backflow to occur by any means, including, but not limited to, manipulation of valves, improper functioning of valves or direct discharge. Unprotected cross connection includes any condition in which backflow could occur as a result of the improper functioning of a backflow-prevention assembly. (Code 1985, § 23-100; Ord. No. 2269, §§ 3, 4, 3-24-2003)

Charlotte City Code § 23-172 Unprotected cross connections prohibited.

Sec. 23-172. - Unprotected cross connections prohibited. (a) Under this article, it is unlawful for any person to cause an unprotected cross connection to be made. (b) It is unlawful for any customer to permit an unprotected cross connection to be made or to remain involving the customer's private water system. (c) It is unlawful for any customer to fail to maintain in good operating condition any backflow-prevention assembly which is required by this article and which is part of the customer's private water system. (d) No private water system may be connected in any manner to the public water system unless the requirements of this article and other applicable laws have been satisfied. (Code 1985, § 23-101)

Charlotte City Code § 23-173 Installation and testing of backflow-prevention assemblies.

Sec. 23-173. - Installation and testing of backflow-prevention assemblies. (a) All backflow-prevention assemblies must be installed and maintained on the customer's premises as part of the customer's water system at or near the service connection and before the service line from the service connection is connected to any other pipe except as otherwise expressly provided. The purpose of this section is to require that all water flowing from the public water system into a private water system must flow through an approved backflow-prevention assembly and that each backflow-prevention assembly be properly located, installed, maintained and tested so that the backflow-prevention assembly is effective in protecting the public water system from any possible contamination or pollution. (b) Each backflow-prevention assembly required by this article must be installed in accordance with this article, the manufacturer's installation instructions and such additional instructions as may be provided by CMU. Reduced-pressure principle assemblies and pressure vacuum breakers must be installed in a horizontal position and in a location in which no portion of the assembly can become submerged under any circumstances. (c) Each backflow-prevention assembly required by this article must be functioning properly when installed. Each customer must test, maintain and repair each required backflow-prevention assembly which is part of the customer's private water system. Such test as may be prescribed by CMU must be conducted by a certified tester on each backflow-prevention assembly required by this article at each of the following times: (1) Immediately after the installation of each backflow-prevention assembly; (2) On an annual basis thereafter; (3) Upon completing the repair of each backflow-prevention assembly; and (4) At any time that CMU has reason to believe that a required backflow-prevention assembly may not be operating properly. Each customer must maintain a complete, written record of every repair and test of a required backflow-prevention assembly which is part of such customer's private water system for at least seven years. A copy of the record for each test or repair must be sent to CMU by such customer within 30 days after the completion of each test or repair. Such records must be maintained on forms approved by CMU. (d) Within ten days after the installation of each required backflow-prevention assembly in a customer's private water system, the customer must provide such information on the installation and testing of such assembly as CMU may require. Such information must be provided on a form approved by CMU. (e) If a customer does not wish for water service to be interrupted when a backflow-prevention assembly is tested, repaired or replaced, a parallel installation of an approved backflow-prevention assembly must be made in accordance with this article. (f) Each backflow-prevention assembly required by this article must be accessible to CMU. (g) Each backflow-prevention assembly required to be installed by this article must be approved by CMU. A list of approved backflow-prevention assemblies must be maintained by CMU. The installation of any backflow-prevention assembly which is not approved must be replaced with an approved backflow-prevention assembly. (h) Upon a determination that a backflow-prevention assembly is required to be installed in a customer's private water system, the customer will be notified of the approved backflow-prevention assembly which is required and will have the following time periods within which to install the specified backflow-prevention assembly: Assembly | Number of Days Air-gap separation | 30 Reduced-pressure principle assembly (¾″—2″) | 30 Double-checkvalve assembly (¾″—2″) | 30 Reduced-pressure principle assembly (2½″ and larger) | 60 Double-checkvalve assembly (2½″ and larger) | 60 Other approved backflow-prevention assembly | 30 Notwithstanding this section, the director may require the installation of the required backflow-prevention assembly immediately or within a shorter time period than specified in order to protect the public water system from an existing hazard, an imminent hazard or from any other condition posing an unreasonable threat of contamination or pollution to the public water system. (i) An air-gap separation need not be installed at or near the service connection in all cases but must be installed at a location approved by CMU in addition to any other backflow-prevention assembly required by this article. (j) Upon a determination by CMU that the installation of a backflow-prevention assembly at or near the service connection would create a substantial hardship upon a customer, CMU may approve the installation of one or more backflow-prevention assemblies at such location as will provide substantially equivalent protection for the public water system. (k) If repairs are needed to any required backflow-prevention assembly which is part of a customer's private water system, the customer must complete such repairs as soon as possible after learning of the need for such repairs and in any event within ten days for a private water system which is considered a high hazard and 20 days for any other private water system unless an extension of time is approved by CMU. (l) It is unlawful for any person to submit any record to CMU which is false or incomplete in any material respect. It is unlawful for any person to fail to submit to CMU any record which such person is required by this article to submit to CMU. (Code 1985, § 23-102; Ord. No. 2264, § 5, 3-24-2003)

Charlotte City Code § 23-174 High hazard.

Sec. 23-174. - High hazard. (a) The activities set forth in this section are a high hazard and require the use of the specified backflow-prevention assembly. (b) If a tank or a reservoir is filled in whole or in part by water from the public water system, an approved air-gap separation must be installed unless CMU authorizes the installation of an approved reduced-pressure principle assembly in lieu of an approved air-gap separation. Before a private water system which is connected in any manner to the public water system may receive water from an auxiliary water supply, an approved air-gap separation must be installed between the auxiliary water supply and the private water system. (c) An approved reduced-pressure principle assembly must be installed if the private water system is served in any manner by an auxiliary water supply or if the private water system is subject in any manner to contamination by any means as a result of the activities or processes associated with the use of the private water system. Following is a list of facilities, activities or processes which include, but are not limited to, conditions requiring the installation of an approved reduced-pressure principle assembly: (1) Any private water system used or designed for use with a booster pump or which may become pressurized for any reason to the extent that backpressure may occur. (2) Any private water system which contains water which has been or is being recirculated. (3) A private water system, any portion of which is elevated more than 50 feet above any service connection between such private water system and the public water system. (4) Bottling plant, brewery. (5) Carwash with recycling system. (6) Chemical plant. (7) Dentist's office. (8) Dry cleaning plant. (9) Exterminating company. (10) Fertilizer plant. (11) Film laboratory. (12) Fire sprinkler system or standpipe system with any one or more of the following: chemical additive, booster pump or fire department connection (FDC). (13) Hospital, clinic, medical building. (14) Irrigation system, with or without chemical additives. (15) Laboratory. (16) Commercial laundry, except self-service laundry. (17) Metal processing plant. (18) Morgue or mortuary. (19) Nursing home. (20) Pharmaceutical plant. (21) Power plant. (22) Swimming pool. (23) Sewage treatment plant. (24) Tire manufacturer. (25) Veterinary hospital, clinic, office. (d) An approved reduced-pressure principle assembly must be installed under any of the following circumstances: (1) CMU does not have sufficient access to every portion of a private water system to permit the complete evaluation of the degree of hazard associated with such private water system; (2) The use of the premises containing a private water system is not known; or (3) The premises containing a private water system is used by two or more nonresidential tenants. (Code 1985, § 23-103; Ord. No. 2269, § 1, 3-24-2003; Ord. No. 5006, §§ 2, 3, 11-26-2012)

Charlotte City Code § 23-175 Moderate hazard.

Sec. 23-175. - Moderate hazard. (a) The activities set forth in this section are a moderate hazard and require the use of the specified backflow-prevention assembly. (b) An approved double-checkvalve assembly must be installed if the private water system is subject in any manner to pollution by any means as a result of the activities or processes associated with the use of the private water system. Following is a list of facilities, activities and processes which include, but are not limited to, conditions requiring the installation of an approved double-checkvalve assembly: (1) Nonresidential building or structure which is not a high hazard. (2) Distillery. (3) Fire sprinkler system or standpipe system without any of the following: chemical additive, booster pump or fire department connection (FDC). (4) Gas station. (5) Mobile home park. (6) Restaurant. (7) School. (8) Self-service laundry. (c) An approved double-checkvalve assembly must be installed in every private water system for which no other backflow-prevention assembly is otherwise specified. (Code 1985, § 23-104; Ord. No. 2269, § 2, 3-24-2003; Ord. No. 5006, § 4, 11-26-2012)

Charlotte City Code § 23-176 Imminent hazard; existing hazard.

Sec. 23-176. - Imminent hazard; existing hazard. (a) If CMU determines that a customer's private water system constitutes an imminent hazard, such customer shall install such backflow-prevention assembly as may be specified by CMU within 24 hours after notice of CMU's determination. If the customer fails to install the specified assembly in a timely manner or refuses to install the specified assembly, water service to the customer's private water system may be terminated. If CMU is unable to give notice to such customer within 24 hours after the determination that an imminent hazard exists, despite reasonable efforts to provide such notice, CMU may terminate water service to such private water system until the specified assembly is installed. (b) If the director determines that a customer's private water system constitutes an existing hazard or is a source of contamination in the public water system, the director may terminate water service to the customer immediately without notice until the customer installs such backflow-prevention assembly as may be specified by the director. The director shall notify the customer as soon as reasonably possible of such determination, the termination of water service and the assembly that must be installed before water service can be restored. (Code 1985, § 23-105; Ord. No. 2269, §§ 6, 7, 3-24-2003)

Charlotte City Code § 23-177 Determination of degree of hazard.

Sec. 23-177. - Determination of degree of hazard. (a) No complete service connection may be installed until CMU has been provided with such information as is reasonably necessary to determine the degree of hazard associated with the private water system to be connected to the public water system and a determination has been made of the appropriate backflow-prevention assembly which must be installed. (b) No customer may modify or permit the customer's private water system to be modified in a manner which would affect the degree of hazard of such system until CMU has been provided with information that is reasonably necessary to determine if the degree of hazard and the appropriate backflow-prevention assembly associated with such system are affected by the proposed modification or change. If such modification or change is determined by CMU to require the installation of a different backflow-prevention assembly, the required backflow-prevention assembly must be installed in accordance with this article prior to making the proposed modification or change. (Code 1985, § 23-106)

Charlotte City Code § 23-178 Right of entry.

Sec. 23-178. - Right of entry. (a) Authorized employees of CMU have the right to enter any property having a private water system which is served in any manner by the public water system. Such entry shall be made at reasonable times and for the purposes of inspecting and observing the private water system, testing and sampling of the water from such system and discharging any other duty which may be imposed upon CMU by this article. If a customer does not permit an authorized employee of CMU to undertake and complete any inspection, observation, test, sample or other duty of the employee concerning the customer's private water system, service to the customer's private water system from the public water system may be terminated. (b) At the request of CMU, a customer may provide information that is reasonably necessary to determine the degree of hazard of the customer's private water system, all connections of the private water system to the public water system and any other information reasonably necessary to enforce this article. (Code 1985, § 23-107)

Charlotte City Code § 23-179 Notice of contamination or pollution.

Sec. 23-179. - Notice of contamination or pollution. (a) A customer must immediately notify CMU if the customer's potable water system is contaminated or polluted. (b) A customer must immediately notify CMU if the customer has reason to believe that backflow has occurred from the customer's private water system to the public water system. (Code 1985, § 23-108)

Charlotte City Code § 23-180 Responsibility of customer.

Sec. 23-180. - Responsibility of customer. (a) A customer is responsible for bringing into compliance with this article every portion of the customer's private water system. (b) A customer shall be responsible for complying with this article, notwithstanding the fact that one or more of the following conditions exist: (1) Water service to the customer has not been turned on; (2) Water service to the customer has been turned off; or (3) The customer is not receiving any water from the public water system. A customer's responsibility to comply with this article shall not terminate until CMU causes so much of the complete service connection of the customer to be removed that the customer is no longer capable of receiving water from the public water system. The customer shall be responsible for complying with this article if the customer's private water system is reconnected in any manner to the public water system. (c) If a customer does not own the customer's private water system and does not have the authority to bring the customer's private water system into compliance with this article, any remedy available to the city because such private water system does not comply with this article may be asserted against the customer, any person owning or otherwise controlling the customer's private water system or jointly against such customer and such person. (Code 1985, § 23-109)

Charlotte City Code § 23-181 Violations.

Sec. 23-181. - Violations. (a) A written notice of violation must be given to any person who is determined to be in violation of any section of this article. (b) Such notice must set forth the violation and the time period within which the violation must be corrected. The violation must be corrected within a reasonable time, not to exceed 30 days from receipt of the notice. If CMU determines that the violation is occurring on a customer's private water system and that such violation has created or contributed to the existence of an imminent hazard, the customer may be required to correct the violation immediately. (c) Water service may be terminated to a customer if the violation was intentional or the customer fails in a timely manner to correct a violation or to pay any civil penalty or expense assessed under this section. Termination of water service will be without prejudice to the city's ability to assert any other remedy available to the city against the customer or any other person responsible for the violation. (d) The violation of any section of the article may be punished by a civil penalty according to the following schedule: (1) Unprotected cross connection involving a private water system which is an imminent hazard .....$1,000.00 (2) Unprotected cross connection involving a private water system which is a high hazard .....750.00 (3) Unprotected cross connection involving a private water system which is a moderate hazard .....500.00 (4) Unprotected cross connection for which no other civil penalty is prescribed .....250.00 (5) Submitting false records which are required to be submitted by this article .....1,000.00 (6) Submitting incomplete records or failing to submit records which are required to be submitted by this article .....500.00 (7) Failure to test backflow-prevention assemblies as required .....100.00 (8) Failure to maintain backflow-prevention assemblies as required .....100.00 (9) Any other violation of this article .....100.00 (e) The director will reduce any civil penalty imposed under this section by one-half if the violation is corrected in a timely manner. (f) The director will reduce any civil penalty assessed under this section to $100.00 or 50 percent of the maximum civil penalty associated with the violation, whichever is less, if the director determines that the person charged with the violation has no past history of violating any provision of this article within the past two years. (g) Notwithstanding subsection (f) of this section, no civil penalty may be reduced if the director determines that the violation was intentional. If any civil penalty is assessed under circumstances authorizing the reduction of such penalty, the amount owed shall be the amount calculated after subtracting the largest applicable reduction from the original assessed penalty. (h) Any person violating any section of this article must pay to the city all expenses incurred by the city in repairing any damage to the public water system caused in whole or in part by such violation and any expense incurred by the city in investigating such violation. (i) From and after the expiration of the time period specified by CMU for correcting a violation of this article, each subsequent day that the violation continues in existence shall constitute a separate and distinct offense. (Code 1985, § 23-110)

Charlotte City Code § 23-182 Alternative backflow-prevention assembly.

Sec. 23-182. - Alternative backflow-prevention assembly. Any customer may satisfy the sections of this article concerning the installation of an approved backflow-prevention assembly by installing the specified assembly or any assembly offering a greater degree of protection to the public water system if CMU approves such installation in writing. (Code 1985, § 23-112)

Charlotte City Code § 23-183 Certain residential uses excluded.

Sec. 23-183. - Certain residential uses excluded. (a) Except as set forth in subsection (b) of this section, this article shall not apply to any private water system so long as the following conditions are satisfied: the system serves no more than two residential units through a single service connection and is not used at any time for any purpose which constitutes a high or moderate hazard. A swimming pool which is an accessory use to a single-family residence will not constitute a condition requiring the installation of a backflow-prevention assembly. Any private water system which does not satisfy the conditions of this section on a continuous basis and is connected in any manner to the public water system shall be subject automatically to all sections of this article. (b) The following sections of this article shall be fully applicable to any private water system which is connected in any manner to the public water system: sections 23-177 through 23-179. (Code 1985, § 23-113)

Source: City of Charlotte, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/charlotte/codes/code_of_ordinances?nodeId=PTIICOOR_CH23WASEINWADIRE_ARTVBAPRCRCOCOFetched: 10/27/2026