WATER AND WASTEWATER GENERALLY.

Dallas City Code ch. 49, art. III

in effect

Dallas City Code § 49-19 CONTROL OF AND ACCESS TO SYSTEMS; INTERFERENCE WITH ACCESS GENERALLY.

SEC. 49-19. CONTROL OF AND ACCESS TO SYSTEMS; INTERFERENCE WITH ACCESS GENERALLY. (a) Systems as city property. All parts of the water and wastewater systems, including but not limited to those parts defined in Section 49-1, are the property of the city. The director shall maintain and control each system and keep detailed records concerning all aspects of department operations. (b) Who has access. Only a person who is authorized by the director pursuant to Section 49-23 will have access to the water and wastewater systems for operation, construction, maintenance, repair and other service-related purposes. (c) Obstruction of authorized persons. A person commits an offense if he knowingly obstructs a person authorized in accordance with Section 49-23 from: (1) gaining access to a part of the water or wastewater system for purposes of operation, inspection, construction, maintenance or repair; or (2) performing actual operation, inspection, construction, maintenance or repair of a part of the water or wastewater system. (Ord. 19201)

Dallas City Code § 49-20 EMERGENCY AUTHORITY.

SEC. 49-20. EMERGENCY AUTHORITY. (a) Purpose and scope. The purpose of this section is to establish the city’s policy in the event of shortages or delivery limitations in the city’s water supply. This section applies to: (1) all persons and premises within the city using water from the water system; (2) all retail customers who live in unincorporated areas within the city’s extraterritorial jurisdiction and are served by the water system; and (3) all wholesale service customers outside the city to the extent provided in Subsection (i). (b) Emergency water management plan. The director shall promulgate and submit an emergency water management plan to the city council for approval, the guidelines of which should include: (1) the conditions under which a particular stage of emergency will be implemented or terminated; and (2) provisions defining specific events that will trigger an emergency. (c) Authority. The city manager is authorized to implement measures prescribed when required by this section and by the emergency water management plan approved by the city council. The director is authorized to enforce the measures implemented and to promulgate regulations, not in conflict with this section or state and federal laws, in aid of enforcement. (d) Implementation of emergency order. The director, upon determination that the conditions of a water emergency exist, shall advise the city manager. The city manager may order that the appropriate stage of emergency response, as detailed in the emergency water management plan, be implemented. To be effective, the order must be: (1) made by public announcement; and (2) published in a newspaper of general circulation in the city within 24 hours after the public announcement, which order becomes immediately effective upon publication. (e) Duration of order; change; extension. The order can be made effective for up to, but not more than, 60 days from the date of publication. Upon recommendation of the director, the city manager may upgrade or downgrade the stage of emergency when the conditions triggering that stage occur. Any change in the order must be made in the same manner prescribed in Subsection (d) for implementing an emergency order. The city council may, upon the recommendation of the city manager and the director, extend the duration of the emergency order for additional time periods, not to exceed 120 days each. The city manager shall terminate the order in the manner prescribed in Subsection (d) for implementing an emergency order when the director determines that the conditions creating the emergency no longer exist. (f) Violation of section. A person commits an offense if he knowingly makes, causes or permits a use of water contrary to the measures implemented by the city manager as prescribed in the emergency water management plan. For purposes of this subsection, it is presumed that a person has knowingly made, caused or permitted a use of water contrary to the measures implemented if the mandatory measures have been formally ordered consistent with the terms of Subsection (d) and: (1) the manner of use has been prohibited by the emergency water management plan; (2) the amount of water used exceeds that allowed by the emergency water management plan; or (3) the manner or amount used violates the terms and conditions of a compliance agreement made pursuant to a variance granted by the director under Subsection (g). (g) Variances. During the times the emergency order is operative, the director may grant variances in special cases to persons demonstrating extreme hardship and need. The director may grant variances only under the following circumstances and conditions: (1) the applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to use the water only in the amount and manner permitted by the variance; (2) granting of a variance must not cause an immediate significant reduction in the city’s water supply; (3) the extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it; and (4) the health, safety and welfare of other persons must not be adversely affected by granting of the variance. (h) Revocation of variances. The director may revoke a variance granted when he determines that: (1) the conditions of Subsection (g) are not being met or are no longer applicable; (2) the terms of the compliance agreement are being violated; or (3) the health, safety or welfare of other persons requires revocation. (i) Wholesale service to customers outside the city. The director shall advise customers receiving wholesale water service from the city of actions taken under the emergency water management plan. The director may restrict service to customers outside the city as permitted under the contract and state law. (j) Authority under other laws. Nothing in this section shall be construed to limit the authority of the mayor, the city council or the city manager to seek emergency relief under the provisions of any state or federal disaster relief act. (Ord. 19201)

Dallas City Code § 49-21 ADEQUACY OF SUPPLY.

SEC. 49-21. ADEQUACY OF SUPPLY. (a) City supply must be adequate. Under no circumstances shall water be furnished by the city to any applicant or customer unless the supply of the city is adequate. In cases of emergency, priority of users of the city’s water supply shall be determined by the director, subject to the requirements of state law and Section 49-20. (b) Revisions. The city council may from time to time, upon recommendation of the city manager and the director, make revisions in the emergency water management plan approved under Section 49-20(b) if prudent conservation requires the revisions. (Ord. 19201)

Dallas City Code § 49-21.1 CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE IRRIGATION.

SEC. 49-21.1. CONSERVATION MEASURES RELATING TO LAWN AND LANDSCAPE IRRIGATION. (a) Purpose. Lawn and landscape irrigation practices within the city, especially during the summer months, can cause a waste of valuable water resources. The purpose of this section is to mandate that water be used for lawn and landscape irrigation in a manner that prevents waste, conserves water resources for their most beneficial and vital uses, and protects the public health. (b) Lawn and landscape irrigation restrictions. (1) A person commits an offense if, between the hours of 10:00 a.m. and 6:00 p.m. on any day during the year, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person. It is a defense to prosecution under this paragraph that the person was only using water from a source other the city’s water or wastewater system. (2) A person commits an offense if, at any time during the year, the person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by the person with a hose-end sprinkler or automatic irrigation system on a day other than a designated outdoor water use day for the property address. It is a defense to prosecution under this paragraph that the person was: (A) using a hand-held hose, drip irrigation device, soaker hose, or hand-held bucket; (B) irrigating during the repair or testing of a new or existing automatic irrigation system; (C) irrigating nursery stock at a commercial plant nursery; or (D) only using water from a source other than the city’s water or wastewater system; or (E) watering a foundation using a hand- held hose, drip irrigation device, soaker hose, or hand- held bucket. (3) A person commits an offense if the person knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased, or managed by the person in a manner that causes: (A) a substantial amount of water to fall upon impervious areas instead of upon the lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or (B) an automatic irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (4) A person commits an offense if, on premises owned, leased, or managed by the person, the person operates a lawn or landscape automatic irrigation system or device that: (A) has any broken or missing sprinkler head; or (B) has not been properly maintained in a manner that prevents the waste of water. (c) Rain and freeze sensing devices. (1) Any automatic irrigation system installed or operated within the city must be equipped with a working rain and freeze sensing device. (2) A person commits an offense if, on premises owned, leased, or managed by the person, the person: (A) installs, or causes or permits the installation of, an automatic irrigation system in violation of Subsection (c)(1); or (B) operates, or causes or permits the operation of, an automatic irrigation system that does not comply with Subsection (c)(1). (d) Variances. The director may, in special cases, grant variances from the provisions of Subsections (b)(1), (b)(2), or (c) to persons demonstrating extreme hardship and need. The director may grant variances only under all of the following circumstances and conditions: (1) The applicant must sign a compliance agreement on forms provided by the director, and approved by the city attorney, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance. (2) Granting of a variance must not cause an immediate significant reduction in the city’s water supply. (3) The extreme hardship or need requiring the variance must relate to the health, safety, or welfare of: (A) the person requesting it; (B) large properties (i. e. golf courses, school or business campuses, athletic fields, parks, large common areas, etc.); or (C) newly installed landscapes not including cool-season grasses. (4) The health, safety, and welfare of other persons must not be adversely affected by granting the variance. (e) Revocation of variances. The director may revoke a variance granted when the director determines that: (1) the conditions of Subsection (d) are not being met or are no longer applicable; (2) the terms of the compliance agreement are being violated; or (3) the health, safety, or welfare of other persons requires revocation. (Ord. Nos. 24745; 26518; 28622; 33420)

Dallas City Code § 49-22 TEMPORARY DISCONTINUANCE FOR CONSTRUCTION, MAINTENANCE OR EMERGENCY REASONS.

SEC. 49-22. TEMPORARY DISCONTINUANCE FOR CONSTRUCTION, MAINTENANCE OR EMERGENCY REASONS. (a) Reasons for temporary discontinuance. The director is authorized to temporarily discontinue service to premises for the following reasons: (1) when a main break or other failure in the water or wastewater systems could injure persons, private or city property, or other parts of the systems; (2) to perform routine maintenance or repair to any part of the water or wastewater systems; (3) to perform emergency maintenance or repair to any part of the water or wastewater systems; (4) in other cases of emergency, when necessary to protect the general health, safety or welfare of persons; or (5) to make a connection to a newly constructed or relocated water or wastewater main. (b) Responsibilities upon temporary discontinuance. In all cases of temporary discontinuance, the director must restore service as soon as is practical and must take all reasonable steps necessary to protect the public health and safety under the circumstances. (Ord. 19201)

Dallas City Code § 49-23 AUTHORIZED EMPLOYEES; RIGHT OF ACCESS OF EMPLOYEES FOR INSPECTION AND MAINTENANCE; ACCESS OF CONTRACTORS.

SEC. 49-23. AUTHORIZED EMPLOYEES; RIGHT OF ACCESS OF EMPLOYEES FOR INSPECTION AND MAINTENANCE; ACCESS OF CONTRACTORS. (a) Authorized employees. The director shall designate those individuals who are employed by the department and authorized to carry a credential of the department. No person other than an authorized employee shall have or use any credential of the department. An employee must surrender credentials to the director upon termination of employment or at the request of the director. (b) Right to access. An authorized employee shall carry a credential when dealing with the general public. Upon presentation of the credential, an authorized employee shall have free access, at reasonable hours, to private premises receiving service, for the purpose of reading or inspecting a water meter, a backflow prevention device or for other service- related activities. Only an authorized employee may have free access to parts of the water and wastewater systems for purposes of operation, construction, repair or maintenance. (c) Access by non authorized persons. A person commits an offense if he is not an authorized employee under this section and he knowingly: (1) uses a department credential to obtain access to private property or to a part of the water or wastewater system; or (2) falsely represents, by other than the display of a credential, that he is an authorized employee of the department to obtain access to private property or to a part of the water or wastewater system. (d) Private contractors. A person performing construction or repair work for the department pursuant to a contract with the city, or a private development contract under Section 49-60(f), has a right of access to those parts of the water or wastewater systems as is reasonably necessary to fulfill performance of the contract; provided, that no person shall have the right under this subsection to open or operate any valve in these systems. Access is subject to the express directions of the director, the terms of the contract documents, and all requirements of this code concerning permits. (Ord. 19201)

Dallas City Code § 49-24 SERVICE CONNECTIONS.

SEC. 49-24. SERVICE CONNECTIONS. (a) Maintaining service connections. The director is authorized to maintain service connections from the mains in public rights-of-way to building laterals or building water lines on premises, pursuant to the following rules: (1) The city is responsible for maintenance of a service connection from the main to the meter, or from the main to the property line where the connection is unmetered, in the case of water service and from the main to the property line in the case of wastewater service. (2) The city will maintain a service connection at its original size as long as the customer continues use of a service. (3) The city’s obligation to continue maintenance of a service connection ceases when the customer abandons use of a service. (4) The city will remove, at the property owner’s expense, a service connection made in violation of this code. (5) The director is authorized to charge a fee in accordance with Section 49-18.7 to an applicant or property owner for construction, installation, or maintenance of a service connection. (b) Connection permits. The following rules govern the issuance of a service connection permit: (1) The plumber must submit a copy of the plumbing permit, obtained from the city’s building inspection division, with the connection permit application. The connection permit application must specify: (A) the address of the work; (B) the name of the applicant; (C) the name of the property owner; and (D) the names of other plumbing subcontractors employed to do the work. (2) The director may revoke a permit at any time before work is completed and connection is made if the director determines that the terms and conditions of the permit are being violated, and no interested party will have a claim for damages or refunds as a result of revocation. (3) A connection permit must be issued in the name of the applicant and the property owner. A permit is nontransferable and expires one year from the date of issuance. In the event of failure to connect within the term of the permit, a processing fee will be retained in accordance with Section 49-18.16(f) from any service connection charges paid, with any remainder being refunded to the applicant or property owner. (c) Construction and installation rules. The following rules govern construction and installation of service connections: (1) A building lateral, building water line, drain and other private plumbing must be constructed in strict accordance with the provisions of the city’s plumbing and building codes. The director may, as a condition of the connection permit, impose additional construction requirements not in conflict with the plumbing and building codes, this chapter, or other applicable state or federal laws and regulations in order to protect the system from damage or contamination, to facilitate connection, or where extraordinary circumstances may require. (2) A building lateral and building water line must be laid up to the property line and the end left exposed. The permittee or his agent shall provide a ditch safe for entry in accordance with state and federal safety standards. A building lateral and building water line must be stubbed out to meet the service line both as to horizontal location and vertical depth. Location of the service line will be furnished upon request, or upon issuance of a connection permit, but the permittee or the permittee’s agent is responsible for uncovering and confirming the location of the service line before construction of the building lateral or building water line. (3) For a water service connection two inches or smaller, the department will install the service line and meter and connect them to the building water line when the building water line is properly laid in place. For a residential wastewater service connection, the department will complete the connection from the service line to the building lateral at the property line. (4) For a water or wastewater service connection other than described in Subsection (c)(3) of this section, the director may require the permittee to construct and install the entire service connection including line connection and meter hookup, if any. In the case of a water service connection under this Subsection (c)(4), the department will inspect the water main tap and all connections from that point to the building water line. In the case of a wastewater service connection under this Subsection (c)(4), the department will inspect the wastewater line tap and the building lateral. Upon inspection and final acceptance of the service connection by the city, that portion of the service connection that is the city’s responsibility to maintain under Subsection (a) of this section becomes the property of the city free and clear of all liens and encumbrances. If the director does not require the permittee to construct and install the entire service connection, the department shall construct and install the service connection in the same manner as described for the connections done under Subsection (c)(3) of this section, at the permittee’s cost. (5) If the director requires the permittee to construct the service connection, the permittee shall enter into a contract for the purpose pursuant to the format prescribed in Section 49-60(f)(1), (f)(3), and (f)(4). The contract and bonds must be approved by the director before any construction can commence. The permittee shall meet the applicable requirements of the Dallas Plumbing Code, the connection permit and this chapter, and shall pay the applicable charges and costs prescribed in Section 49-18.7. In addition to compliance with the rules set out in this section, the permittee shall obtain and follow the applicable department utility appurtenance sheets to be used in completing the connection. (6) All service connections must be made only by persons authorized by the director, and the private plumbing must meet the construction requirements of the Dallas Plumbing Code. Any ditch dug for the purpose of constructing or installing a connection must be backfilled by the permittee or his agent upon completion of the connection, following inspection and approval by the city. (7) Nothing in this Subsection (c) shall be construed to limit the city’s right to construct and install any service connection where the director may deem it appropriate. (d) Nuisance. Every commode, wastewater drain, privy or other wastewater receptacle used on premises which is neither connected to the wastewater system nor to a septic tank or receptacle approved under this code is hereby declared to be a nuisance and a public health hazard. (e) Enforcement authority. The director is authorized to promulgate regulations not in conflict with this code, the city charter or state laws and regulations to aid in implementing the provisions of this section. (Ord. Nos. 19201; 19622; 20215; 20653; 20737)

Dallas City Code § 49-25 CROSS CONNECTIONS; LOCATION OF WATER AND SEWER MAINS.

SEC. 49-25. CROSS CONNECTIONS; LOCATION OF WATER AND SEWER MAINS. (a) Cross connection prohibited. A person shall not make or permit a cross connection between a system of piping supplied by the water system and the following sources of supply, unless properly protected by an approved backflow prevention device: (1) a public or private source of primary supply other than the water system; or (2) any secondary supply known or suspected to be unsafe for drinking water, including but not limited to shallow wells, reused industrial supplies, raw surface water or swimming pools. (b) Return flow prohibited. A person shall not make or permit a connection or cross connection that causes the discharge or return of water to the water system, including, but not limited to, water used as process water in or passing through a boiler, heat exchanger, air conditioner, cooling equipment, or other device, appliance, machine, mechanical system or process, in any industrial, commercial, or residential application. (c) Nuisance. A person commits an offense if he makes or permits a cross connection or connection in violation of Subsection (a) or Subsection (b). The making of a cross connection or connection in violation of Subsection (a) or Subsection (b) is hereby declared to be a nuisance and a public health hazard. (d) Proximity of water and wastewater mains. The director shall regulate the relative proximity of water mains to wastewater mains, both existing and under construction, in accordance with the Design Criteria for Public Sewerage Systems and the Rules and Regulations for Public Water Supply of the State Department of Health, in order to prevent contamination of the water system. (Ord. Nos. 19201; 21606)

Dallas City Code § 49-26 FIRE PROTECTION SYSTEMS.

SEC. 49-26. FIRE PROTECTION SYSTEMS. (a) Application required. A person shall not connect a fire protection system to the water system until application is made to the director, and then approved by the director and the city fire marshal. (b) General requirements. A fire protection system is subject to the following regulations: (1) The director shall not permit a fire protection system without an approved meter or detector check device with a bypass meter. (2) A fire protection service line must be no larger than one size smaller than the water main serving the fire protection system, unless the director approves a size on size connection in writing; provided that, in every case, the water system must be capable of providing, at the point of delivery, the delivery rate specified by the city fire marshal for the customer’s fire protection system. (3) A fire protection service line must not be larger than eight inches without the director’s written approval. (4) A fire protection system must conform to the standards and regulations promulgated by the city fire marshal and other applicable provisions of this code. (5) A fire protection system installed by the customer shall be inspected by the department at the time of installation. (c) Installation of service connections. On service connections two inches or smaller, the city will perform installation and maintenance of the necessary meters and service lines connecting the fire protection system to the water system, which installation will be done at the sole expense of the customer. On service connections larger than two inches, the customer shall install the service connection in accordance with the rules prescribed for water service connections in Section 49-24(c)(4). (d) Grounds for discontinuance. The director may, upon 10 days advance notice to the city fire marshal, discontinue treated water service to a fire protection system if: (1) the director discovers an unauthorized connection has been made; (2) water has been used from a fire protection system for a purpose other than extinguishing a fire; (3) a fire protection system has been installed or used without a meter, where a meter is required; (4) a waste of water is permitted from a fire protection system through pipes or fixtures; (5) charges for service are delinquent under Section 49-7; or (6) the director discovers a non-potable contaminant or pollutant in the fire protection system, where the fire protection system and the potable private water system are not separated by a backflow protection device. (e) Restoration of service. Upon discontinuance under Subsection (d)(3), the director shall not restore the service until the customer remedies the problem causing discontinuance, or makes application for the kind and size of meter prescribed by the director for the particular system. The meter will be installed at the customer’s expense. (f) Availability of service. Availability of treated water will depend upon water main sizes and normal operating pressures in the area where the applicant’s property is located. The applicant must construct adequate storage facilities on his premises or additional mains, pursuant to a private development contract under Section 49-60(f), to meet the necessary fire flow demand in the event his demand causes inadequate water pressure to other customers in the area for a sustained period. (g) Storage facilities. The construction and maintenance of water storage facilities for fire protection purposes, as required by Subsection (f), are subject to the following standards: (1) A storage facility, including pumps installed by an applicant, must discharge into the applicant’s fire protection system. The storage facility, whether or not pumps are used, must not be of the pressure type unless the applicant installs an approved backflow prevention device between the point where the facility discharges into the fire protection system and the point of its connection to the water system so as to prevent backflow into the water system. (2) A constructed storage facility must be maintained in accordance with the applicable standards of the city and the State Department of Health. Water in the storage facility must be maintained in a potable condition and subject to periodic inspection by the director. (3) Every storage facility must have an approved air gap, except for a facility of the pressure type permitted in Subsection (g)(1). Quick acting valves must not be used to control the supply line to the storage facility, if such valves cause water hammer in the water system. (4) A storage facility, if not of the pressure type permitted in Subsection (g)(1), must be equipped with an overflow pipe at least eight inches below the supply line from the water system. The overflow pipe must be protected in order to prevent access of insects, birds or other animals. The overflow pipe must be at least two inches in diameter larger than the supply line from the water system. (5) A storage facility must be provided with a drain pipe and valve for easy discharge purposes. The drain pipe must not be connected to the wastewater system. (h) Nonconforming systems. Any person modifying, changing or adding to his premises or his existing fire protection system must at that time come into compliance with the requirements of this section, if his fire protection system did not previously conform to the requirements of this section. (Ord. Nos. 19201; 19622; 20215)

Dallas City Code § 49-27 FIRE HYDRANTS.

SEC. 49-27. FIRE HYDRANTS. (a) Permission to use. Fire hydrants are used in extinguishing fires and are to be opened only by authorized employees of the department and the city's fire department, department of transportation and public works, and department of sanitation services. Any other person who wishes to use a fire hydrant must seek written permission from the director under the following conditions: (1) A person requesting use of a fire hydrant must make written application for a permit and must pay charges in accordance with Section 49-18.9. (2) The permittee must: (A) use a water meter furnished by the department; (B) connect the meter directly to the fire hydrant and include in the connection an approved reduced pressure zone backflow prevention device provided by the department; (C) make the meter readily available for reading by the department each month it is used; and (D) return the meter immediately after finishing use of the hydrant or upon request of the director. (3) If water is to be hauled from the hydrant, the permittee must display a decal issued by the department on each vehicle used in hauling water from the hydrant. (4) A permittee authorized to open a fire hydrant must only use an approved spanner wrench and must replace the caps on the outlets when not in use. (b) Improper use. Failure to abide by the conditions of Subsection (a) is sufficient cause to prohibit further use of the fire hydrant and to refuse to grant subsequent permits for use of a fire hydrant. A person commits an offense if he knowingly: (1) uses water from a fire hydrant without a permit from the director; (2) violates Subsection (a)(2), (a)(3), or (a)(4) of this section or any of the terms and conditions of a permit granted under this section. (c) Exceptions. This section does not apply to: (1) a city employee engaged in work in an official capacity; or (2) a person using water from a fire hydrant without charge for department construction work under Section 49-35. (Ord. Nos. 19201; 22026; 23694; 26479; 30239; 30654; 32864)

Dallas City Code § 49-28 WATER STORAGE TANKS AND PUMPING EQUIPMENT.

SEC. 49-28. WATER STORAGE TANKS AND PUMPING EQUIPMENT. (a) Tanks supplied by water system. A water storage tank supplied solely by the water system must be satisfactorily built and covered to prevent the entrance of contamination. Every storage tank supplied solely by the water system must have an approved air gap and overflow pipe; except, that a tank of the pressure type will be permitted if an approved backflow prevention device is installed. The delivery of treated water must be controlled by a slow acting automatic valve which does not cause water hammer in the water system. A storage tank must be maintained in a manner satisfactory to the State Department of Health and the director and is subject to periodic inspection by the director. (b) Tanks with other water sources. Where treated water service is used as a primary or secondary supply to a roof or suction tank which is also supplied by another source of water, the rules of Subsection (a) apply, except that a storage tank under this subsection must not be of the pressure type, but must have an approved air gap and overflow pipe; no backflow prevention devices will be allowed. (c) Water pumps. Pumps taking suction from the water system and serving water storage tanks, plus other pumping equipment installed by a customer for any other purpose except dewatering, may be installed and operated only upon approval from the director as to size, delivery rate and valving arrangements. (Ord. 19201)

Dallas City Code § 49-29 BACKFLOW PREVENTION DEVICES.

SEC. 49-29. BACKFLOW PREVENTION DEVICES. (a) Authority to require. The director may enforce this section in accordance with the Dallas Plumbing Code, this article, and other applicable regulations promulgated by the Texas Commission on Environmental Quality (TCEQ); Section 290.44 of the Texas Administrative Code; and cross-connection control requirements including: (1) giving notice and requiring a customer to install an approved backflow prevention device at the customer’s own expense, where the director determines that the device is necessary for protection of the potable water system or private premise plumbing; (2) giving notice and requiring a customer to correct a defective backflow prevention device at the customer’s own expense. Failure to comply may result in refusal of service and referral to municipal court. Each day that a customer fails to comply with a notice under this paragraph constitutes a separate violation; (3) refusing or discontinuing service if a backflow prevention device is not installed, tested, or corrected as provided in this section; and (4) inspecting backflow prevention devices and charging fees for the inspection in accordance with Section 49-18.6(d). (b) Maintenance responsibility. The customer is responsible for general maintenance and upkeep of an approved backflow prevention device in accordance with the Dallas Plumbing Code, this article, and other applicable regulations promulgated by the Texas Commission on Environmental Quality (TCEQ); and Section 290.44 of the Texas Administrative Code. (1) All backflow prevention assembly tests must be conducted by a city registered and TCEQ- licensed backflow prevention assembly tester (BPAT). (2) All backflow prevention assemblies must be tested upon installation and certified to be operating within specifications. (3) Backflow prevention assemblies that are installed to protect against health hazards must also be tested and certified at least annually to be operating within specifications. (4) All backflow prevention assembly test and maintenance reports must be submitted to director. (c) Damage from inspection. The city and the director are not responsible for damage done during inspection that is a result of corrosion or improper maintenance of a backflow prevention device. (Ord. Nos. 19201; 33420 )

Dallas City Code § 49-30 PRIVATE WATER MAINS OR SYSTEMS.

SEC. 49-30. PRIVATE WATER MAINS OR SYSTEMS. (a) Mains are property of city. Water and wastewater mains, pipes and appurtenances laid in streets, alleys or other public rights-of-way within the city immediately become property of the city upon their acceptance, except for mains, pipes and appurtenances laid within the city by a governmental entity pursuant to a license granted by the city. Water and wastewater mains, pipes and appurtenances laid within the city and connected to the water or wastewater systems must be constructed under department supervision and in accordance with plans and specifications approved by the director. (b) Nonconforming mains. The director may refuse application for service to premises inside or outside of the city if, upon examination, the mains, private water lines or laterals, valves, appurtenances, fire hydrants or other equipment serving the premises are of such quality, size or installation as will not comply with the general standards and specifications of the department. (c) Substandard laterals or water lines. The director may require the customer, as a precondition of continued service, to replace or repair private plumbing found to be in a substandard condition according to the Dallas Plumbing Code, if the substandard plumbing may cause: (1) a hazard to public health; (2) damage or contamination to the water or wastewater systems; (3) a substantial waste of water; or (4) introduction of extraneous water into the wastewater system. (Ord. Nos. 19201; 20653)

Dallas City Code § 49-31 VENDING WATER.

SEC. 49-31. VENDING WATER. (a) Permit required. A person commits an offense if he sells treated water inside the city, from a source of supply inside or outside the city, without a permit from the director granted subject to the conditions of Subsection (b). (b) Conditions of permit. No person may sell treated water inside the city from any source of supply without a permit from the director subject to the following conditions: (1) The application for permit must be reviewed and approved by the city environmental health officer prior to its issuance. (2) The production, processing, treatment and distribution of the water is at all times under the supervision of the department or another competent water works operator holding a valid certificate of competency issued by the State Department of Health. (3) The permittee must abide by the applicable state laws and the rules, regulations and other conditions set forth by the State Department of Health, the director and the city environmental health officer regarding the sale of drinking water. (c) Exceptions. This section does not apply to the retail sale of commercially bottled water by a grocery store, drug store, restaurant or other similar business establishment. (d) Enforcement authority. The director is authorized to promulgate additional regulations, not in conflict with state laws, rules and regulations or other applicable provisions of this code, to aid implementation of this section. (Ord. 19201)

Dallas City Code § 49-32 WASTEWATER INDEMNITY AGREEMENTS.

SEC. 49-32. WASTEWATER INDEMNITY AGREEMENTS. (a) Grounds for denial of wastewater service. Wastewater service to premises inside or outside the city must be denied if: (1) the premises are subject to frequent, severe flooding; (2) the wastewater main serving the premises surcharges or overflows due to infiltration of ground water from the premises; or (3) the premises are subject to being flooded by a surcharged wastewater main due to the elevation of the premises in relation to the actual or proposed wastewater main. (b) Indemnity agreement. Notwithstanding Subsection (a), the director may provide wastewater service where these conditions exist if the owner agrees in writing to defend and indemnify the city and save it whole and harmless against all damages, costs and expenses caused by the surcharging, backflow or overflow of the wastewater main serving the premises. (c) Effect of agreement. The indemnity agreement, when executed by the owner, constitutes a covenant running with the land binding upon the owner, his heirs, successors and assigns. The agreement must be approved as to form by the city attorney and must be filed in the deed records of the county in which the premises is located. (Ord. 19201)

Dallas City Code § 49-33 EXPOSING METERS OR HYDRANTS TO DAMAGE; NOTICE OF WORK AFFECTING SYSTEMS; MOVING METERS OR HYDRANTS.

SEC. 49-33. EXPOSING METERS OR HYDRANTS TO DAMAGE; NOTICE OF WORK AFFECTING SYSTEMS; MOVING METERS OR HYDRANTS. (a) Exposure to damage. A person shall not build a driveway, sidewalk or other improvement that: (1) exposes a meter, fire hydrant, air valve, tap, pressure recording instrument, cleanout or other appurtenance to damage from vehicular traffic; or (2) causes obstruction of access to a meter, fire hydrant, air valve, tap, pressure recording instrument, cleanout or other appurtenance for operation, repair, inspection or maintenance purposes. (b) Notice of work affecting systems. A person who does work of any nature on a street, alley or sidewalk within the city must notify the director at least 10 days in advance of the removal, raising or lowering of any part of the water or wastewater system that may interfere with the work. Where the director is not notified, damage to any part of the systems resulting from the work will be charged against the person or that person’s agents or contractors performing the work. (c) Request to move appurtenance. The owner or occupant of premises adversely affected by the location of a meter, fire hydrant, air valve, tap, pressure recording instrument or other appurtenance may make written application to the director to have the device moved, under the following conditions: (1) The director may approve the application if he determines that the move will not interfere with normal department operations and will not cause damage to the water or wastewater system. The decision of the director in such matters is final. (2) Upon approval of the application, the director will furnish the applicant an estimate of costs to move the device. The applicant shall bear all estimated moving costs. (3) Upon deposit of the estimated costs by the applicant, the department will make the agreed-to change in location. (Ord. Nos. 19201; 20653)

Dallas City Code § 49-34 COMMUNICATING ELECTRICITY TO PIPES.

SEC. 49-34. COMMUNICATING ELECTRICITY TO PIPES. (a) A person commits an offense if he makes, causes or permits: (1) a direct or indirect metallic connection, through which electric current can be transmitted, with a part of the water or wastewater system, or to private pipes, laterals or other private facilities which are connected to either system; or (2) the transmission of electric current through a part of the water or wastewater system, or through a metal conductor of electricity that is bonded or joined to either system. (Ord. 19201)

Dallas City Code § 49-35 WATER USED FOR CONSTRUCTION WORK.

SEC. 49-35. WATER USED FOR CONSTRUCTION WORK. (a) When water is free. The director may furnish water free of charge to: (1) a contractor or other person performing construction work for the department; or (2) a licensed plumber performing a pressure test of a private plumbing system, which test has been authorized in advance by the director. (b) Other construction work. For any construction work other than that described in Subsection (a), the charge for water used will be in accordance with the general service rates specified in Section 49-18.1(c)(2) and will be charged against the person using the water. (c) Conditions when charged. If water to be used for construction is subject to charge, the water must not be turned on until all applicable pre-use charges are paid. Water service may be discontinued, or application refused, in the same manner as provided under Sections 49-3 or 49-7. (Ord. Nos. 19201; 21430; 26961)

Dallas City Code § 49-36 RESERVED. (Repealed by Ord. 20653)

Dallas City Code § 49-37 TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE.

SEC. 49-37. TAMPERING WITH OR DAMAGING SYSTEMS; UNLAWFUL USE OF WATER; PRIMA FACIE EVIDENCE. (a) Tampering with or damaging system. A person commits an offense if, without the written permission of the city manager or the director, he knowingly: (1) damages or destroys part of the water or wastewater system; (2) tampers with part of the water or wastewater system; or (3) damages, destroys or tampers with a fire hydrant within the city. (b) Certain conditions creating prima facie evidence of tampering. For purposes of this section, it is prima facie evidence that a person has tampered under Subsections (a)(2) or (a)(3) if the person is a customer, owner or person in control of the premises and: (1) water is prevented from passing through a meter used or furnished by the department to supply water to the premises; (2) a meter used or furnished by the department is prevented from correctly registering the quantity of water supplied to the premises; (3) water is diverted or bypassed by the use of a device, from or around a pipe, main, meter, hydrant or other connection of the department; (4) a meter or service connection of the department used for service to premises is removed; or (5) wastewater is prevented or diverted from flowing from premises into the wastewater system. (c) Prima facie evidence of knowledge. The existence on premises of a device used for any of the unlawful purposes stated in this section shall constitute prima facie evidence of knowledge of the unlawful purpose on the part of the customer, owner or person in control of the premises. (Ord. 19201)

Dallas City Code § 49-38 RIGHTS AS TO CERTAIN FACILITIES OUTSIDE OF THE CITY; RIGHTS UPON ANNEXATION.

SEC. 49-38. RIGHTS AS TO CERTAIN FACILITIES OUTSIDE OF THE CITY; RIGHTS UPON ANNEXATION. (a) Agreements as to facilities. The director may negotiate agreements with governmental entities defining ownership and maintenance responsibilities of facilities used or installed for service outside the city. (b) Assumption of service. Where a governmental entity agrees to assume primary service responsibility over an area previously served by the city, because of annexation or other reasons, facilities installed will, upon agreed payment, become the property of the governmental entity, except for: (1) a meter or other appurtenance belonging to and installed by the city to connect service; or (2) a facility designated by agreement to be the property of the city. (c) City’s rights upon annexation. The following rules apply regarding mains, appurtenances and other facilities located within property annexed by the city: (1) Facilities within annexed property immediately become property of the city. (2) The city will assume those benefits and obligations required to be assumed under state law, but otherwise must take the facilities free from all liens or encumbrances. (3) The city may enforce its right to possession of annexed facilities by an action filed in a state court of competent jurisdiction. (d) Private facilities. Private laterals or building water lines connected to facilities affected under this section remain, to the extent they are not located within public property, the property of the person owning the premises within which the laterals or water lines are located. (Ord. 19201)

Dallas City Code § 49-39 RIGHT TO CONSTRUCT MAINS OUTSIDE THE CITY.

SEC. 49-39. RIGHT TO CONSTRUCT MAINS OUTSIDE THE CITY. (a) Authority to negotiate. The director is authorized to negotiate agreements, to be approved by the city council, with another governmental entity to use the streets, alleys and other public rights-of-way of that governmental entity in order to lay mains, pipes, meters or other facilities of the water or wastewater systems for service inside or outside the city. (b) Form of agreement. The agreement may take the form of a license, easement or deed. Notwithstanding the form, ownership of the facilities laid must remain with the city, and right-of-way adequate to protect the city’s interest in its facilities must be secured. (c) Rights to connect and maintain. The city reserves the right to maintain its facilities and must have free access for those purposes. The city also reserves the right to make any connections or extensions it desires for public purposes inside or outside the city. (Ord. 19201)

Dallas City Code § 49-40 SERVICE OUTSIDE THE CITY.

SEC. 49-40. SERVICE OUTSIDE THE CITY. (a) Authority to regulate wholesale service. The director is authorized to promulgate policies and regulations, not in conflict with this chapter or other laws, regarding the service of new and existing wholesale service customers outside of the city. (b) Reciprocal service agreements. The director is authorized to negotiate reciprocal service agreements with other governmental entities covering retail service to limited areas outside of the city, at rates and under such terms and conditions as the parties agree upon, subject to the approval of the city council. (c) Existing service outside the city. The director is authorized to continue retail service to those areas outside of the city for which the city has previously assumed the obligation to serve pursuant to written agreement authorized under city charter, city ordinances or state law. The director is not required to serve new retail customers outside the city, but the director may serve such customers if he determines that service is within the reasonable service area and capability of the city, subject to the following additional rules: (1) The applicant shall sign a service contract, on a form prescribed by the director and approved by the city attorney, agreeing to: (A) build facilities at his cost; (B) abide by the terms of this chapter; and (C) fully indemnify the city against all damages of any character that may arise out of the construction, operation or maintenance of facilities used to connect to the water or wastewater system. (2) The applicant shall provide for the laying of all facilities and appurtenances necessary to reach a connection point designated by the director, and the facilities must be built in strict accordance with the requirements and specifications of the department. (3) The meter at the designated connection point must be located inside, or as near as practicable to, the city limits. The meter must be operated and maintained by the city. (4) The director may revoke permission to serve at any time if he determines that the terms and provisions of this chapter, or any additional conditions of service, are being violated. (5) The director may promulgate reasonable rules, not in conflict with this chapter or other laws, as additional conditions of providing retail service outside of the city and in aid of administration of this subsection. (d) Applicability of chapter. Except in the case of a reciprocal service agreement, a retail customer outside the city will be subject to the same applicable provisions of this chapter as is a customer inside the city, which provisions must be made a part of any agreement entered into for the service. (Ord. 19201)

Source: City of Dallas, Dallas City Code and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/dallas/latest/dallas_tx/0-0-0-125362Fetched: 10/26/2026