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.
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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
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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,,
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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
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(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'
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fifteen 05) days from and after its adaption In the Anaheim Bulletin,
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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/