§ 8-08-070. Inspections.

(a)

Right of entry. Whenever necessary to make an inspection to enforce the provisions of this article, or wherever the building code division or its authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in this article, the building code division or its authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement authority by this article If such building is occupied, the inspector shall present proper credentials and demand entry. If such building or premises are not occupied, the inspector shall first make reasonable effort to locate the owner or other person having charge or control of the building or premises, and demand entry. If entry is refused, the enforcement authority shall proceed to obtain a search warrant from the district court.

No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the enforcement authority or an authorized agent thereof for the purpose of inspection and examination pursuant to this article. Any person violation this subsection shall be subject to the same penalties as provided for violation of other city ordinances.

(b)

Containment inspection of premises. Premises considered to pose an actual or potential contamination, health hazard or system hazard threat to the municipal water system shall be subject to an inspection by the building code division or authorized agent of the division. Inspections shall be scheduled at a reasonable time by the division. The building code division shall give the customer written notice prior to a containment inspection. The purpose and authority to conduct such an inspection shall be disclosed in the notice. If actual or potential cross connections, which could result in backflow of contaminants, any product of a potential health hazard, system hazard, or water from auxiliary water supplies through the water service connection and into the municipal water system, are determined to exist during the premises inspection, the building code division shall evaluate the degree of hazard and proceed in accordance with one (1) of the following criteria.

(1)

In the event a system hazard is determined to exist, the building code division shall immediately instruct the water utility to terminate water service to the premises. The water utility shall restore services to the premises once the building code division has determined that the system hazard has been controlled or eliminated.

(2)

In the event an actual or potential cross connection presents a substantial endangerment to the municipal water system, the building code division shall enlist the assistance of the customer to immediately control or eliminate the hazard. If the immediate hazard is not resolved within one (1) day, water service to the premises shall be terminated until the hazard has been eliminated.

(3)

In the event no system hazard or substantial dangers are determined to exist, but actual or potential cross connections require control or containment, the building code division shall give the customer written notice to comply with the following requirements:

a.

Submit a design and plan of implementation to the building code division within sixty (60) days; and,

b.

Have an approved backflow prevention assembly(s) installed, inspected and tested within an additional sixty (60) days.

For good cause, the building code division may extend the time to comply with the requirements of this article. The customer shall install such backflow prevention assembly(ies) as directed by the building code division at the customer's own expense; and failure, refusal, or inability on the part of the customer to install, have tested, and maintain said assembly(ies) shall constitute grounds for disconnecting water services to the premises until such requirements have been satisfactorily met.

(c)

Isolation inspections on premises served by the municipal water system. The customer shall be responsible, without further notice, for the prevention of contaminants or pollutants or water from auxiliary water supplies from entering the potable water system within the premises. The customer's responsibility begins at the service connection and carries throughout the entire length of the water system within the premises. To accomplish this mandate, customers are required to comply with the most current adopted plumbing code and all related amendments as may be adopted by the state and the city.

(1)

The building code division is authorized to conduct inspections or audits of premises within the city limits to determine compliance with the provision of cross connection isolation requirements in order to protect the public health, safety and welfare. Approved backflow prevention assembly(s) or air-gap(s), commensurate with the degree of hazard shall be installed, as required by the building code division, within the customer's water system for the safety and protection of the customer's water system for the safety and protection of the customer's potable water system. Premises considered to pose an actual or potential contamination to the customer's water system may be subject to audit by the building code division. The building code division may direct the customer to upgrade its water plumbing system in accordance with the Uniform Plumbing Codes in the "Regulation of Backflow Prevention and Cross Connection Control." If the actual or potential unprotected cross connections, which could result in backflow of contaminants, pollutants, or water from auxiliary water supplies into the customer's water system are discovered during the audit or inspection of the premises, the building code division shall evaluate the degree of hazard.

(2)

In the event a system hazard is determined to exist, the building code division shall notify the utility billing division to immediately discontinue service to the premises. The utility billing division shall restore water service to the premises once the system hazard has been controlled or eliminated and the building code division has approved restoration of service.

(3)

In the event an actual or potential cross connection presents a substantial endangerment to the customer's water system, the building code division shall enlist the assistance of the customer to immediately control or eliminate the hazard. If the immediate hazard is not resolved within one day, water service to the premises shall be terminated until the hazard has been eliminated.

(4)

In the event no system hazards or substantial danger is determined to exist, but actual or potential cross connections require control by isolation, the building code division shall direct the customer to have approved backflow prevention assemblies or air-gaps, commensurate with the degree of hazard, installed at specific location(s) within the customer's water system. Such approved backflow prevention assemblies or air-gaps must be installed, inspected and tested, within a reasonable time period as determined by the building code division, not to exceed thirty (30) days of such notification.

(d)

Isolation inspections on premises not served by the municipal water system. In order to protect the public health, safety and welfare at premises not served by the municipal water system, the building code division may conduct inspections and require the elimination or control of existing cross connections, actual or potential, between the potable water system and nonpotable water systems, plumbing fixtures and industrial piping systems contained within premises located within the city limits or otherwise connected to the municipal water system.

(e)

Isolation control in lieu of containment. At specific residential or commercial premises where specific cross connection hazards can be controlled by isolation without compromise to the safety of the municipal water system, the building code division may allow cross connection control for containment purposes with a backflow prevention assembly located at the point of cross connection rather than at the service connection.

(1)

Applicability. Isolation in lieu of containment shall be applicable only to make-up water connections to commercial space heating boilers rated at less than 200,000 BTU/H input where no water treatment is provided to the circulating heating water, landscape irrigation systems, or automated photo-processing unit with a single water connection.

(2)

Assemblies considered to be contaminant devices. A backflow prevention assembly installed to provide isolation control of a cross connection in lieu of containment shall be considered a containment device rather than an isolation device and shall be subject to all containment device requirements.

(f)

Reinspection. Reinspection of premises shall be conducted by the building code division to verify corrective action as required by this article within one hundred twenty (120) days of correction notification.

(Ord. No. 1068, 12-14-99; Ord. No. 1321, § 43, 2-12-08))