Encinitas Municipal Code § 18.9 Backflow Prevention Assembly Testing

Through implementation of this section, the District will ensure compliance with CCCPH Section 3.3.3, governing field testing and repair of BPAs and inspection of air-gap separations. The District will also comply with and ensure compliance with the procedures for testing identified in its Plan.

(a) Testing by Customer. The customer will own the approved BPA and will have full responsibility for annual testing (or more often if required by the District) and other testing in compliance with this Policy and CCCPH Section 3.3.3, as well as maintenance, repair, and retesting, and for providing the District with proper records and test data. The customer shall also field test all BPAs following installation, repair, depressurization for winterizing, or permanent relocation. Air-gap separations must be visually inspected at least annually. Testing and inspection reports must be submitted on District test forms.

(b) Service is Contingent. The District will not provide continuous water service to a water user with a newly installed BPA until the District receives passing field tests. The water user is responsible for providing the District with passing field tests to receive service.

(c) Annual Testing Notice. Annual testing/inspection notices will be mailed to the District's customers giving them 60 days to test/inspect, and repair, if necessary, their assembly and furnish the test/inspection and repair data to the District. After 30 days, if no test/inspection data is furnished to the District, the District will mail a second notice of the due date. If no test/inspection data is furnished to the District within the 60-day period, the District will commence proceedings to terminate water service in accordance with this Policy. Nothing in this section precludes the District from terminating service without notice, where the District determines that a condition exists that creates an immediate health risk to the public water system.

(d) Certified Testers. Air-gap separations must be visually inspected by certified backflow prevention assembly testers or certified cross-connection control specialists. Other tests required by this section must be conducted by certified BPA testers approved by the District.

(e) Additional Tests. Additional tests shall be conducted as frequently as necessary to ensure the effectiveness of the BPAs and in any event not less frequently than once a year.

(f) Failed tests. In the event a BPA is found to be unsatisfactory, the General Manager or his/her designee shall take immediate steps to ensure that corrective measures are accomplished and/or service terminated in accordance with the provisions of this Policy. BPAs that fail field tests/inspections must be repaired or replaced by the customer within 30 days of notification from the tester of the failure. The District may allow extensions if included as part of the District's Plan.

(g) Backflow Incidents. BPA testers shall notify the District as soon as possible (within 24 hours maximum) if a backflow incident or an unprotected cross-connection is observed at the BPA or prior to the user premises during field testing. The District will immediately conduct an investigation and discontinue service to the user premises pursuant to this Policy if a backflow incident is confirmed, and water service will not be restored to that user premises until the District receives a confirmation of a passing BPA field test from a BPA tester and the District determines the BPA is protecting the District.

(a) The District shall maintain a list of approved certified BPA testers ("Approved Tester List"). Only testers from the Approved Tester List may be used for any testing and inspection. Only test results received from testers on the Approved Tester List will be considered valid. Any other testing results will not be accepted.

(b) For a tester to be eligible for inclusion on the Approved Tester List, a tester must meet all of the following criteria:

(1) Possess sufficient qualification and certification to be considered a certified BPA tester under the CCCPH.

(2) Possess a current valid Backflow Prevention Tester's Certificate issued by the CA/NV Section of the American Water Works Association/ABPA/ASSE. After July 1, 2026, testers must possess valid certification from an American National Standards Institute (ANSI)-accredited certifying organization recognized by the State Water Board pursuant to CCCPH Chapter 3, Article 4.

(3) Maintain a valid City of Encinitas business license.

(4) Provide accurate test results.

(5) File with the District a signed acknowledgment of these listed requirements and compliance with this Policy, the CCCPH, and other applicable law.

(c) Testers must maintain eligibility at all times in order to remain on the Approved Testers List.

Section 18.9.4. Testing, Inspection and Repair Records.Each customer who is required to install, test, inspect, maintain, or repair an approved backflow prevention device must maintain records of such tests, inspections, repairs, and overhaul for three years and must provide a copy of the records to the District on request.

(Res. No. 2024-05, 5/15/2024)