TO: Mayor and Commissioners
FROM: Hassan Hadjimiry, P.E., Utilities Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: October 1, 2024
Title
ORDINANCE NO. 02-24: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE 5, “PUBLIC WORKS,” CHAPTER 52, "WATER". (SECOND READING)
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Recommended Action:
Recommendation
Consider Ordinance No. 02-24, a City initiated Amending the code of Ordinances, Title 5, "Public Works," Chapter 52, "WATER," Section 52.03, "USE OF WATER FROM HYDRANTS," updating the Title of the applicable Department, increasing the fees for meter installation and removal, and requiring the applicant to be financially responsible for any damage to the meter; Amending Section 52.07, "LANDSCAPE IRRIGATION," updating the definitions to reference the correct Florida Administrative Code Rule; Amending Section 52.16, "TESTING OF METERS," updating the title of the applicable Department and clarifying existing language; Amending Section 52.39, "OTHER FEES," updating the title of the applicable Department and clarifying the method of calculating inspection fees; Amending Section 52.82, "DEFINITIONS," updating the title of the applicable Department, Amending the definitions of Air-Gap, Backflow, Backflow Preventer, Back Siphonage, Cross Connection, Double Check Valve Assembly, Hazard-Health, Hazard Pollutional, Pressure Type Vacuum Breaker, and Reduced Pressure to Adopt Definitions consistent with current Industry Standards, Adopting a Definition for Backpressure and Utilities Department Cross-Connection Control Program, and deleting the definition for contamination; Amending Section 52.83, "BACKFLOW PREVENTION DEVICES; when required; SPECIFICATIONS," Updating the Title of the Applicable Department, replacing all references to Backflow Prevention Devices with Backflow Prevention Assemblies, Clarifying the location of required Backflow Prevention Assemblies and the Applicable Standards, and inserting references to the City of Delray Beach Utility Department's Cross-Connection Control Plan; Amending Section 52.84, "ENVIRONMENTAL SERVICES DEPARTMENT TO ADMINISTER," updating the Title of the Applicable Department and replacing all references to Backflow Prevention Devices with Backflow Prevention Assemblies; Amending Section 52.85, "NOTICE OF VIOLATION; FAILURE TO REMEDY," updating the Title of the applicable Department, and eliminating the maximum number of days an owner has to correct a violation; Amending Section 52.99, "PENALTY," Adopting a new Subsection (D), requiring a Utility Customer to pay a reconnection fee if Water Service was disconnected due to a Backflow or Cross-Connection Violation; and Amending Section 52.05, "TAMPERING WITH OR DAMAGING EQUIPMENT," Section 52.15, "MINIMUM SIZE OF METERS," Section 52.18, "REMOVAL OF METERS WHEN SERVICE DISCONTINUED;TEMPORARY REMOVAL SUBJECT TO RETROACTIVE BILLS," Section 52.19, "VEGETATION WATER METERS," Section 52.32, "METER INSTALLATION CHARGE," Section 52.38, "TEMPORARY USE; TAPPING CHARGES AND DEPOSIT," Section 52.51, "DELINQUENT BILLS; DISCONTINUED SERVICE," Section 52.98, 'PRIMA FACIE EVIDENCE OF VIOLATION," updating the Title of the Applicable Department; providing a conflicts clause; providing a severability clause, authority to codify; and providing an effective date.
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Background:
The City of Delray Beach Utilities Department, through requirements from 62-555.360, F.A.C., is required to have a Cross-Connection Control Plan which includes legal authority and a policy for backflow protection. 62-555.360, F.A.C., references AWWA Manual M14 regarding the design, installation, inspection/testing, and maintenance standards of backflow devices and assemblies. The amendments to Chapter 52, Water, allow the ordinance to be consistent with definitions, recommendations, and requirements contained in F.A.C. 62-555.360 and as referenced in AWWA Manual M14. The City Cross-Connection Control Plan is the required policy referenced in Table 62-555.360-1, F.A.C., and will serve as the administrative document that provides proper guidance pertaining to effective cross-connection control.
A summary of the reasoning for the changes in Chapter 52, "Water", is as follows:
• The current ordinance references the Environmental Services and Water Departments throughout the Chapter. The City Department currently responsible for this chapter is the Utilities Department.
• Current definitions in the ordinance are outdated and no longer align with what is reference in 62-555.360, F.A.C. and AWWA Manual M14.
• The City's Cross Connection Control Plan, as required by the applicable F.A.C., will be referenced
• Use of fire hydrants on a temporary basis requires proper backflow protection. Due to increased performance and updated designs of the meters and backflow assemblies installed, the fee requirements will reflect this.
• Noncompliance with Chapter 52 clarifies the availability of water termination as a penalty.
Staff recommends the approval of this amendment of the existing ordinance that will align our City ordinance with the requirements and recommendations contained in Florida Administrative Code (F.A.C.) 62-555.360 and American Water Works (AWWA) Manual M14.
City Attorney Review:
Approved to form and legal sufficiency.
Funding Source/Financial Impact:
N/A
Timing of Request:
Ordinance No. 02-24 will be effective immediately at second reading.