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1580ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 10 OF THE ANAHEIM KJNICIPAL CODE BY ADDING THERETO A NEW CHAPTER, ENTITLED "CHAPTER 100249 QUALIFICAT10N AND CERTIFICATION OF PERSONNEL TO INSPECT AND MAINTAIN BACKFLOW PREVENTION bE1liCES,* AND INCLUDING THEREUNDER SECTIONS 100240010 TO 10024.0809 BOTH INCLUSIVE THAT-. THE CITY COUNCIL, OF THE CITY OF ANAHEIM DOES FIND WHEREAS, Section 500 of the Health and Safety Code and Section 7032 of the Business and Professions Code authorize the regulation by municipalities of health and sanitary matters; and WHEREAS, the purity and potability of the water supply of a munlcipality is e matter affecting the health and safety of said municipality; and WHEREAS, pursuant to the authority of Section 208 and Sections x.010 through 4025 of the Health and Safety Code, the State Department of Public Health has promulgated Regulations Relating to Cross -Connections contained in Title 17. Chapter V. Sections 7583 to 7622, both Inclusive, of the California Admin Istrative Code; and WHEREAS, Section 7583 of the ator-ementloned Regulations Relating to Cross -Connections places upon the water purveyor the primary responsibility of preventing water from unapproved sources, or any substances, entering the public water supply System; and WHEREAS, the City of Anaheim Is a water purveyor; and WHEREAS, the aforementioned Section' 583 further provides that the Regulations Relating to Cross -Connections promulgated by the State Department of Public Health shall not be construed as prohibiting local governmental authorities or water purveyors from establishing requirements regarding protection ,of the water supply, vhich requirements are more rigid than those contained in Title 17. Chapter V. Sections 7583 to 7622, both incluslve, of the California Administrative Code; and WHEREAS. "Backflow Prevention Devices" are devices used to prevent the contamination of supplies of water for drinking purposes by any water or other substance that Is not safe or potable for human consumption; and WHEREAS. Section 7605 of the aforementioned Regulations Relating to Cross -Connections imposes a duty upon the water user on any premise on account of which backflows prevention devices are installed to have competent inspections of said devices made at least once a year- and WHEREAS, the term *competent inspections," as used in the aforementioned Section 7605, Is nowhere further defined in the State statutes, judicial decisions, or In the aforementioned Regulations Relating to Cross -Connections contained In the California Administrative Code. -l- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY CF ANAHEIM DOES ORDAIN AS FOLLOWS-. SECTION 1, That Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new chapter entitled "Chapter 10,24, Qualification and Certification of Personnel to Inspect and Maintain Backflow Prevention Devices," and including Sections 10,24.010 to 10,24,080, both inclusive, reading as follows: "CHAPTER 10,24 QUALIFICATION AND CERTIFICATION OF PERSONNEL TO INSPECT AND MAINTAIN BACKFLOW PREVENTION DEVICES, USECTION 10,240010 DEFINITION, BACKFLOW PREVENTION DEVICES: Backflow Prevention Devices as used in this Chapter shall mean any device used to prevent the contamination of a potable water supply by any supply of water or other substance that is not or cannot be approved as safe, wholesome or potable for human consumption, Said Backflow Prevention Devices shall include, but not be limited to, approved double check valve assemblies, and approved reduced pressure principal backflow prevention devices as these devices are defined in Sections 7591, 7592 and 7594 of the California Administrative Code, Title 17, Chapter V. NSECTION 10.24,020 CERTIFICATION OF PERSONS TO INSPECT AND MAINTAIN BACKFLOW PREVENTION DEVICES, No person shall be deemed to be qualified to inspect and maintain backflow prevention devices unless his qualifications have been established to the satisfaction of the Utilities Department as hereinafter required. To determine the qualifications of any person to inspect and maintain backflow prevention devices, the Utilities Director shall have authority to conduct examinations to determine said qualifications. Upon successful completion of such examination as the Utilities Director shall prescribe, the person so examined shall receive from the Utilities Director a . n Cert if irate of Competence,° Any limitations or conditions imposed by the Utilities Director on the examinee in the � inspection and maintenance of backflow prevention devices shall be stated upon the face of said cer- tificate issued to the examinee. The Utilities. Director shall make available to owners of properties on which backflow prevention devices are maintained, a list of persons qualified to inspect and maintain backflow prevention devices, Every person, after receiving a Certificate of Competence from the Utilities Director, shall be issued such identification as the Director shall deem appropriate, and such identification shall be kept in the immediate possession of every person holding a Certificate of Competence while said person is inspecting or maintaining any backflow prevention device in the City of Anaheim, `SECTION 10,240,030 APPLICATION FOR EXAMINATION AND CERTIFICATE OF COMPETENCE, Every person desiring to qualify to inspect or maintain backflow prevention -2- devices shall make application to the Utilities Director. At the time of making such application, every such person shall pay a fee of six dollars ($6.00)9 which fee shall not be refundable. Said fee shall cover the expense of the Utilities, Department in preparing the examination and processing the applications, Certificates of Competence, and any documents of Identification required by the Utilities Director,, I nSECTION 10.2 ,040 CLASSIFICATION AND QUALIFICATIONS OF PERSONS AUTHORIZED TO INSPECT AND MAINTAIN BACKFLOW PREVENT10N DEVICES, 1, The Utilities Director shall establish the following types of examinations for persons desiring to quality to Inspect and maintain backflow prevention deviceso, (a) EXAMINATION FOR GENERAL INSPECTOR OF BACKFLOW PREVENTION DEVICES, Successful completion of the examination for General Inspector of backflow prevention devices shall entitle the applicant to certi- fication by the Utilities Department of the City of Anaheim to inspect and maintain any type of backflow prevention device, In order to qualify t(.�, submit application to take the examination for General Inspector of backflow prevention devIces , an applicant must possess one or the followlngo 0 (1) A valid certificate of registration as a master plumber Issued by the State of California. Q2) A valid contractor's license from the State of California authorizing the I applicant to engage in plumbing contracting, (3) A valid certificate of registration as a Journeyman Plumber issued by the State of California and at least five (5) years9 experience in the plumbing trade,, (b) EXAMINATION FOR LIMITED INSPECTOR OF BACKFLOW PREVENTION DEVICES. Successful completion of the examination for Limited Inspector of backflow prevention devices shall entitle the applicant to certification by the Utilities Department of tlhe City of Anaheim to inspect and maintain any or all types of backflow prevention devices existing at a Particular location or locations within the City of Anaheim, which location or locations shall be specified on any Certificate of Competence and Identification Issued to the applicant. In order to qualify to submit an application to take the examination for Limited Inspector of backflow prevention devices, an applicant shall have at least three (3) years9 experience In the plumbing trade. 2. Each of the aforementioned examinations shall consist of questions, written or oral, and/or actual demonstrations by the applicant to the examining authorities of applicantva ability to inspect and to maintain various types of back- flow prevention devices, 3. Each applicant for certification to inspect and maintain backflow prevention devices shall furnish evidence to show that he has available the necessary tools and equipment to properly inspect and main- tain such devices, Such evidence shall be furnished by the applicant to the Utilities Director of the City of Anaheim at the time said applicant appears for any of the aforementioned examinations, "SECTION 1002 .,0550 RE-EXAMINATION OF PERSONS PREVIOUSLY CERTIFIED TO INSPECT AND MAINTAIN BACKFLOW PREVENTION DEVICES. Every person holding a Certificate of Compe- tence issued by the Utilities Director under the provisions of this Chapter shall be required to renew said Certi- ficate every three (3) years,, Persons holding said Certificates of Competence vitho show evidence of having been actively engaged In the plumbing trade during the 7eceding three 0) year,,,t, need only comply with Section 10.24-040, Paragraph 3. "SECTION 10,2 .,060 RESPONSIBILITIES OF PERSONS RECEIVING CERT IFICWT E OF COMPETENCE. Every person meiving a Certlflc;ate of Competence under the provisions of this Chapter shall be responsible for the competency and accuracy of all Inspections and maintenance performed on any backflow prevention de -vice by any person under his authority and control,, "SECTION 10,24 .070 PENALTIES,, Any person who shall violate any of, the provisions of this Chapter or fail to comply tl'.erewth, or who shall violate or fall to comply with any order made thereunder, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable by such fine, Imprisonment, or both such fine and impris- onment as are prescribed in Section 1.01-370 of the Anaheim Municipal Code. "SECTION 10-24-080 VALIDI'411f, The Anaheim City Council hereby declares that, should any section, paragraph, sentence or word of this ordinance, or of the Code, hereby adopted, be declared for any reason to be invalid, it is the Intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared Invalid.""' SECTION 2, The City Clerk shall certify to the passage of this ordinance and shall pause the same to be printed and published once within' I fifteen 05) days from and after its adaption In the Anaheim Bulletin, ,4® I a newspaper of general circulation, printed,, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, It shall be -in full force and effect. THE FOREGOING ORDINANCE is approved and signed by me this 31st day of May, 1961, ATTEST-. �t .. - U ' Lely - IM 9.014 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I. DENS M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 23rd day of May, 1961, and that the same was passed and adopted at a regular meeting of said City Council held on the 31st day of May, 1961, by the following vote of the members thereof-, AYES.o COUNCILMEN-. Chandler, Coons, Fry and Schutte, NOES-. COUNCILMEN-. None. ABSENT-. COUNCILMEN-. Thcmpson,, AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance on the 31st day of May, 1961, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 31st day of May, 1961. CITY CLERK OF THE CITY OF-Aff (SEAL) a 1, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HEREBY CERTIFY THAT THE FOREGJ,NG jHIof,4;ANCE NO WoS PU-LISHED ONCE IN THE FULLFTIN ON THE clee c/