TITLE
ORDINANCE CREATING ARTICLE VII OF CHAPTER 32 OF THE CODE OF MIAMI-DADE COUNTY; STATING PURPOSE OF PROTECTING THE PUBLIC POTABLE WATER SUPPLY OF THE MIAMI-DADE WATER AND SEWER DEPARTMENT FROM CONTAMINATION BY BACKFLOW THROUGH CROSS-CONNECTIONS; PROVIDING DEFINITIONS; REQUIRING ELIMINATION OF CROSS-CONNECTIONS; REQUIRING INSTALLATION OF BACKFLOW PREVENTERS BY CERTAIN WATER CUSTOMERS WITHIN FIVE OR TEN YEARS; PROVIDING UNIFORM TECHNICAL STANDARDS FOR BACKFLOW PREVENTERS AND THEIR INSTALLATION AND TESTING; REQUIRING ANNUAL TESTING AND CERTIFICATION OF BACKFLOW PREVENTERS; PROVIDING EXEMPTIONS; PROVIDING FOR REGULATION OF RECLAIMED WATER USAGE BY CUSTOMER AGREEMENTS; REQUIRING ACCESS TO PREMISES FOR ENFORCEMENT PURPOSES; FORBIDDING TAMPERING OR OBSTRUCTION; SETTING FEES FOR PLANS REVIEW AND COUNTY TESTING; REQUIRING CERTAIN REPORTING AND RECORDKEEPING; ESTABLISHING ENFORCEMENT OPTIONS INCLUDING CIVIL PENALTIES LISTED BY AMENDMENT TO MIAMI-DADE COUNTY CODE SECTION 8CC-10; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Article VII of Chapter 32 of the Code of Miami-Dade County is hereby created to read as follows:


Sec. 32-101. Scope and Intent.

This ordinance applies to customers of the Miami-Dade Water and Sewer Department, or �Department� as defined herein. The purpose of this ordinance is to fully implement the provisions of Section 62-555.360 of the Florida Administrative Code, promulgated under authority of Part VI of Chapter 403, Florida Statutes by the Department of Environmental Protection, which requires public water systems to establish a program to detect and prevent backflow of hazardous materials into the potable water system through cross-connections. Internal isolation is not a substitute for protection of the public water supply by premises isolation, involving installation of an approved backflow preventer as near as possible to the service connection. Omission here does not negate internal isolations required by any plumbing code or by regulations of State agencies. The Board recognizes that State agencies have authority and responsibilities defined in statutes and regulations which require them to be involved in aspects of this cross-connection control program.


Sec. 32-102. Definitions.

The following definitions shall apply in this Ordinance.

(a) Approved backflow preventer shall mean a device of the type and description set forth herein, and/or in rules and regulations of State agencies, in the South Florida Building Code, and in specifications and standard details of the Department and testing satisfactorily as required herein.

(b) ANSI shall mean American National Standards Institute, Inc.,1430 Broadway, New York, N.Y. 10018.




(c) ASME shall mean American Society of Mechanical Engineers, 345 E. 47 St., New York, N.Y. 10017.

(d) ASSE shall mean American Society of Sanitary Engineering, 28901 Clemens Rd., Westlake, Ohio 41445.

(e) Auxiliary water supply shall mean any water supply on or available to the premises other than the public potable water supply. Auxiliary water supplies include: another provider�s potable water supply; a private water supply such as a well for domestic, irrigation or fire flow purposes; natural source(s) such as a spring, lake, river, stream, canal or ocean; used water; reclaimed water; and industrial fluids.

(f) AWWA shall mean the American Water Works Association, 6666 W. Quincy Ave., Denver, Colorado 80235.

(g) Backflow shall mean the reversal of flow of water or inflow of other substances into a potable water distribution system through a cross-connection. Backflow may degrade the quality of the potable water below required standards.

(h) Backpressure shall mean any elevation of pressure in the downstream piping system above the supply pressure at the point of consideration, which could cause a reversal of the normal direction of flow.

(i) Backflow preventer shall mean a mechanical assembly or device or means that prohibits backflow into a potable water system. Only the following types may be approved:

(1) Air gap separation (AG) shall mean unobstructed vertical physical separation between the free-flowing discharge end of a potable water supply pipeline and the flood level rim of an open or non-pressure receiving vessel. An approved air gap separation shall be at least double the diameter of the supply pipe measured vertically above the top of the rim of the vessel. In no case shall an air gap separation be less than one inch.

(2) Double check detector assembly (DCDA) shall mean a specially designed assembly composed of a line-size approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to 3 gpm (gallons per minute) and shall show a registration for all rates of flow. The DCDA is used only on fire systems.

(3) Double check valve assembly (DC) shall mean an assembly composed of two single, independently acting approved check valves, including tightly closing resilient seated shutoff valves located at each end of the assembly, and fitting with properly located resilient seated test cocks suitable for testing the water tightness of each check valve. A check valve is a valve that is drip-tight in the normal direction of flow when the inlet pressure is one psi and the outlet pressure is zero. The check valve shall permit no leakage in a direction reverse to the normal flow. The closure element (e.g., clapper) shall be internally weighted or otherwise internally loaded to promote rapid and positive closure. This assembly shall be used only to protect against a nonhealth hazard.

(4) Pressure vacuum breaker (PVB) shall mean an assembly consisting of an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve, with properly located resilient-seated test cocks and tightly closing resilient-seated shutoff valves attached at each end. The PVB prevents backsiphonage, but it is not effective, and should not be used, in backpressure conditions.

(5) Reduced pressure detector assembly (RPDA) shall mean a specially designed assembly composed of a line-size approved reduced pressure principle backflow prevention assembly with a bypass containing a specific water meter and an approved reduced pressure principle backflow preventer. The meter shall register accurately for only very low rates of flow up to 3 gpm and shall show a registration for all rates of flow. The RPDA is used only on fire systems.

(6) Reduced pressure principle backflow preventer (RP) shall mean an assembly containing within its structure a minimum of two independently acting approved check valves, together with an automatically operating pressure differential relief valve located between the two check valves. The first check valve reduces the supply pressure by a predetermined amount so that during normal flow and at cessation of normal flow the pressure between the checks shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks less than the supply pressure. These units are equipped with tightly closing resilient seated shut-off valves located at each end of the assembly, and with properly located resilient seated test cocks.

(j) Backsiphonage shall mean a form of backflow due to a reduction in system pressure which causes a subatmospheric pressure to exist at a site in the water system.

(k) Certified backflow prevention tester shall mean a person who has satisfactorily completed a backflow preventer testing training program which complies with the program guidelines set forth in the latest edition of AWWA Manual M14, Section 2.3 and who has obtained current certification by the Florida Section of AWWA or another recognized professional organization, which is not the training provider.

(l) Code inspector shall have the meaning and powers defined in Section 8CC-3 of the County Code, that is, public employees authorized to issue civil violation notices.

(m) Cross connection shall mean any temporary or permanent physical connection or arrangement between a public water system and any other system or source through which it is possible, given pressure differentials, for any substance other than potable water to flow into the public water system.

(n) Department shall mean the Miami-Dade Water and Sewer Department, including its director, employees, agents, designees, and successors.

(o) Existing water customer shall mean a water customer as defined herein for which a water meter is installed and operating on or before the effective date of this ordinance.

(p) Industrial fluid shall mean any fluid or solution which is intended to be or has been used in or results from activities of manufacture, production, fabrication, repair, packaging, processing or sale of goods or services or growing of agricultural crops or for fire suppression purposes. This may include, but is not limited to: polluted used waters; polluted auxiliary water; all types of process waters; chemicals in fluid form, including pesticides and fertilizers; fuels and oils; acids and alkalies; circulated cooling waters connected to an open cooling tower and/or cooling waters that are chemically or biologically treated or stabilized with toxic substances.

(q) Internal isolation shall mean fixture isolation and/or isolation of an area or zone within a customer�s premises, downstream of the service connection. Fixture isolation means installing an approved backflow preventer at the source of the potential contamination. Area or zone isolation is confining the potential source of contamination within a specific area.

(r) Nonhealth hazard shall mean substances which, although not dangerous to health, may impart offensive solids, color, odor or taste to the public water supply.

(s) New water customer shall mean a water customer as defined herein for which no water meter has yet been installed on the effective date of this ordinance.

(t) Reclaimed water shall mean waste water which has received at least secondary treatment and basic disinfection and is approved for reuse in compliance with regulations of State agencies.

(u) Service connection shall mean the terminal end of water delivery from the public water system, that is, where the utility loses jurisdiction and sanitary control over the water at its juncture with the customer�s water system. If a meter is installed at the end of the service connection, then the service connection shall mean the downstream end of the meter. Service connection shall also include water service connection from a fire hydrant and all other temporary or emergency water service connections from the potable water system.

(v) State agencies shall mean the Department of Environmental Protection, the Department of Health, the State Fire Marshal, their successors, and any other instrumentality of the State of Florida charged under provisions of Part VI of Chapter 403, Florida Statutes or other statute or regulation with testing, inspecting, certifying, enforcing, or otherwise assuring compliance with environmental, health and safety standards, especially those for safe drinking water.

(w) Tampering shall mean dismantling, removal, or rendering ineffective after installation, testing and certification, except in order to effect an approved replacement.

(x) Used water shall mean any water supplied to a customer's water system after it has passed through the service connection.

(y) Water customer shall mean any individual, municipality, corporation, partnership, firm, association or other entity receiving water service from the Department for consumption or usage within its premises or for resale to ultimate consumers. This includes consecutive water systems which are wholesale/volume customers.

Sec. 32-103. Prohibition of Uncontrolled Cross Connections.

It shall be unlawful for any water customer to install or maintain any cross connections without providing backflow prevention to protect the public water supply. All water customers shall either eliminate all cross connections existing on their property or premises, or install approved backflow preventers at the service connection. Educational materials shall be provided to water customers and to relevant businesses and employees, alerting them to the dangers of backflow through cross-connections and to prevention measures.


Sec. 32-104. Backflow Preventers Required.

(a) Certain retail water customers of the Department shall install a backflow preventer as provided herein.

(b) All consecutive water systems (wholesale or volume customers) distributing the Department�s potable water to their customers must have cross-connection control programs duly approved by their governing authorities, which are operated and maintained in accordance with Chapter 62-555.360, Florida Administrative Code. Any non-complying consecutive water systems may be required to install an approved backflow prevention device at the interconnection between the Department and the consecutive system.

Sec. 32-105. Backflow Preventer Installations Required.

Existing water customers who own or operate or use or engage in the following types of businesses, facilities, substances, and activities shall install an approved backflow preventer of the type indicated below at the service connection entering their property, within the deadlines listed herein. The same deadlines apply to installation of backflow preventers on Classes 3, 4 and 5 fire suppression systems, as defined in Section 32-106 serving the premises. New water customers who own or operate or use or engage in the following types of businesses, facilities, substances, and activities shall have an approved backflow preventer as a condition of issuance of building permits or of a certificate of occupancy, and the permanent installation of a water meter. This requirement is not limited to those facilities, premises, uses or situations listed herein but also applies to any others distinctly determined by the Department to require such protection.


(a) No later than January 1, 2004:

Facility: Backflow Preventer:1 AG = Air gap
DC = Double check valve
PVB = Pressure vacuum breaker
RP = Reduced pressure principle backflow preventer

Beverage processing or bottling plant
If only nonhealth hazard materials
are present DC
Otherwise RP

Chemical and petroleum manufacturing,
storage,processing or treatment,
including any facility where chemicals
are used in processing a product, or
where chemical baths are employed RP

Construction sites DC

Correctional facilities RP

Dyeing plant RP

Exterminating companies RP

Funeral home; morgue RP

Health care facilities: clinics, skilled
nursing, intermediate care, veterinary,
ambulatory surgical centers RP

Plating (chemical, electrochemical,
mechanical), including any plant with
a chromium, cadmium or other plating


operation or a galvanizing, anodizing,
stripping,oxidizing, etching, passivating,
or pickling operation RP

Power plant RP

Radioactive materials present RP

Sewage or stormwater treatment plant,
pumping station, or any premises
with a wastewater pump RP


(b) No later than January 1, 2009:

Facility: Backflow Preventer:

Agricultural premises, including
livestock, poultry, and produce
packing RP

Aircraft plants and aircraft repair service RP

Automotive manufacturing RP

Auxiliary water supply present RP

Brewery, winery, distillery RP

Buildings with four stories or more
above ground, or with booster pumps RP

Car washes RP

Cold storage plant, dairy, ice manufacture
If only nonhealth hazard materials are
present DC
Otherwise RP

Cooling system, space heating hot-water
or steam boiler, single-wall heat exchanger,
or double-wall heat exchanger supplied
from the public water system RP
Customer of any type with a history of
inadequately protected cross-connections
If only nonhealth hazard materials are
present DC
Otherwise RP

Film processing or manufacture RP

Food processing facility, including cannery,
packing house, rendering plant, reduction
plant, and any industrial facility where animal
or vegetable matter is processed; not
including food preparation RP

Health care facility: health maintenance
organizations,offices of health care
providers, dialysis centers RP

Irrigation systems using potable water
If no backpressure PVB
If backpressure may exist RP

Laboratory, including those within schools
and other businesses RP

Laundry or dry cleaner with processing
facilities on site, excluding self-service
laundromats RP

Marina, shipyard, boat storage or service
facility, including piers and docks,
where an outlet supplies water to vessels RP

Metal manufacturing, cleaning, processing
or fabricating plant RP

Motion picture studio where water is used
for scene tanks or special effects RP

Oil (animal, vegetable or mineral) or gas
production, development, processing,
blending, storage, refinery, transmission
and/or tank maintenance, testing and
repair RP

Paper manufacturing or processing plant RP

Premises with multiple interconnected
service connections
If only nonhealth hazard materials are
present DC
Otherwise RP

Reclaimed water customer RP

Restricted access facility where testers
are prohibited entry by law and/or
which is exempt from the inspection
provisions of the plumbing code RP

Rubber (natural or synthetic) or rubber
goods manufacture, excluding small
molding or tire retreading operations RP

Sand or gravel pit, classifying or
processing plant RP

Tanker type vehicles
If feasible AG
If only nonhealth hazard substances
ever present DC
Otherwise RP

Travel trailer and recreational vehicle
parks RP

(c) If, before the deadlines set in (a) and (b), repairs, additions or alterations are proposed to an existing building or structure, the cost of which exceeds 50 percent of its replacement value, the water customer shall install an approved backflow preventer of the appropriate type at that time.



Sec. 32-106. Fire Suppression Systems.

(a) Fire suppression systems will be classified on the basis of water source and arrangement of supplies as follows:

Class 1 Direct connections from public service connection only; no pumps, antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry wells, or other safe outlets.

Class 2 Same as Class 1 except that booster pumps may be installed in the connections. (Booster pumps do not affect the potability of the system.) It is necessary that pressure in the water main is not reduced below 20 psi to avoid drawing too much water from the main.

Class 3 Direct connection from the service connection, plus one or more of the following: elevated storage tanks; fire pumps taking suction from aboveground covered reservoirs or tanks; pressure tanks. (All storage facilities are filled or connected to public water only; the water in the tanks is to be maintained in a potable condition. Otherwise, Class 3 systems are the same as Class 5.)

Class 4 Similar to Class 1 and Class 2, but with an auxiliary water supply dedicated to Fire Department use and available to the premises, such as an auxiliary supply located within 1700 feet (518m) of the pumper connection.



Class 5 Directly supplied from the service connection and interconnected with auxiliary supplies, such as pumps taking suction from reservoirs exposed to contamination, or rivers and ponds; driven wells; mills or other industrial water systems; or where antifreeze or other additives are used.

(b) Backflow preventers shall be installed on all fire suppression systems in accordance with the table below:

Class Minimum Level of Protection2 DCDA = double check detector assembly
RPDA = reduced pressure detector assembly

Class 1 DCDA
Class 2 DCDA
Class 3 DCDA
Class 4 RPDA
Class 5 RPDA

(c) Existing water customers with Class 1 and Class 2 fire suppression systems are not required to install backflow preventers.

(d) All existing systems being modified or upgraded shall have provision for any additional head loss caused by inclusion of the required backflow preventer in the modification design.

(e) Exemptions may be granted to water customers with existing systems who can demonstrate to the satisfaction of the Department and the Miami-Dade Fire Rescue Department that installation of a backflow preventer would degrade the effectiveness of the fire protection system to a level unacceptable for fire suppression purposes.

An engineering evaluation consisting of fire protection plan and associated hydraulic calculations as a minimum shall be reviewed and approved by the Miami-Dade Fire Rescue Department prior to granting an exemption of backflow preventer installation on existing fire lines.

Sec. 32-107 Reclaimed Water Regulations.

A pressure vacuum breaker shall be installed on all reclaimed water mains at the service connection. Existing customers must effect this installation before December 31, 2008. New customers who own or operate such facilities shall install an approved pressure vacuum breaker as a condition to permitting, issuance of a certificate of occupancy, and installation of a water meter. The Department shall set forth specific limitations and requirements, in accordance with all rules and regulations promulgated by State agencies, in each customer agreement for use of reclaimed water. No reclaimed water shall be provided except under terms of an agreement with the customer.

Sec. 32-108 Technical Requirements.

All approved backflow preventers shall conform to specifications set forth in the South Florida Building Code and to rules and regulations promulgated by State agencies. The following specifications are adopted until and unless superseded:

(a) Air Gap (AG) shall conform to ANSI/ASME standard A 112.1.2-1991.

(b) All other preventers shall have satisfactorily passed a laboratory and field evaluation in accordance with the latest editions of either Section 10 of the ninth edition of the University of Southern California�s Manual of Cross-Connection Control and been approved by the University of Southern California Foundation for Cross Connection Control and Hydraulic Research (USC-FCC & HR); or with ANSI/AWWA Standard C510-97 or C511-97. They are required to be testable in line.
(c) Reduced Pressure Principal Backflow Prevention Assembly (RP) shall conform to ASSE Standard 1013 or ANSI/AWWA Standard C511-97.

(d) Double Check Valve Assembly (DC) shall conform to ASSE Standard 1024 or ANSI/AWWA Standard C510-97.

(e) Pressure Vacuum Breaker Assembly (PVB) shall conform to ANSI/ASSE Standard 1020-1990.

(f) Double Check Detector Assembly (DCDA) shall conform to ANSI/ASSE Standard 1048-1995.

(g) Reduced Pressure Detector Backflow Assembly (RPD) shall conform to ANSI/ASSE Standard 1047-1995.

(h) Further specifications for backflow preventers and their installation, and additional and modified ones for specific purposes, may be provided in standard details and/or written specifications issued by the Department, in accord with standards adopted by the South Florida Building Code and any regulations promulgated by State agencies.

Sec. 32-109 Installation of Backflow Preventer.

(a) At the customer�s expense, the customer shall prepare plans and shall obtain a permit for the required backflow preventer. The Department shall review said plans and charge a fee of $35 for the review of each backflow preventer. In the case of fire suppression systems, the Miami-Dade Fire Rescue Department shall review and inspect each installation and charge a single fee of $50.00 for this service. The backflow preventer shall be installed at the customer�s expense, as close as possible to the downstream side of the water meter. Permitting procedures and standard details shall be established and modified from time to time by means of agreements between and among relevant County departments and
State agencies. Upon completion of the installation, satisfactory testing shall be performed as provided in Section 32.116 (b).

(b) The installer must be a validly licensed contractor possessing a certificate of competency appropriate for the preventer type and location involved.

(c) The customer shall provide adequate space for a backflow preventer on the customer's property. The backflow preventer shall be readily accessible for maintenance and testing. No part of it may be beneath the ground surface or submerged under water, and it must not be subject to flooding by a ten-year storm. If two or more backflow preventers are utilized on the same property or premises, they shall be combined if possible. When feasible, the installation shall be located at the front property line at one side of the property.

(d) Testing requires a water shutdown usually lasting five to thirty minutes. For facilities that require an uninterrupted supply of water, and when it is not possible to provide water service from two separate meters, provisions shall be made for a parallel installation of backflow preventers. The existence of any unprotected bypass around a backflow preventer when the apparatus is in need of testing, repair or replacement is unlawful.

(e) The customer should have installed plumbing lines of sufficient size to compensate for pressure losses which may result from operation of a backflow preventer. Provision must be made for thermal expansion.

(f) It shall be unlawful for any customer water connections to exist between the service connection and the backflow preventer.



Sec. 32-110. Existing Backflow Preventers.

All customers who own or operate a facility listed in Section 32-105 herein and presently have a backflow preventer in place, shall cause the modification or replacement of each unacceptable backflow preventer with an approved backflow preventer and obtain certification of the backflow preventer in place from a certified backflow prevention tester as compliant with the provisions of this Article, on or before the dates specified in Section 32-105.

Sec. 32-111. Exemptions.

(a) Buildings of three stories or less without booster pumps which contain only dwelling units (including single family residences, town homes, small apartment buildings), and all other structures or facilities not listed in Section 32-105, shall be exempt from the requirement of installation of a backflow preventer, provided that: (1) no cross-connections exist or are subsequently installed on the property; (2) no substances hazardous to health are utilized which could be introduced into the public potable water system; (3) no uses or facilities listed in Section 32-105 receive water through the same service connection.

(b) Exemptions from or exceptions to standard details may be granted for installation of backflow preventers where physical limitations are present, provided that the preventer as installed is tested satisfactorily and certified.

(c) The Department may excuse installation of a backflow preventer by existing water customers for nonhealth hazard uses, within the parameters set by rules and regulations of State agencies.

Sec. 32-112. Fire Hydrants.

Operation of fire hydrants or other fire suppression systems, such as by running hoses from them into containers, may constitute cross connections permitting backflow. Any use of hydrants and fire systems for other than fire suppression purposes by any person other than by the Department or the fire department in that jurisdiction, without the prior written approval of both, is prohibited and may be ordered stopped.

Sec. 32-113. Access Required.

(a) Any code inspector or authorized representative of the Department may, at any reasonable time upon presentation of proper credentials, enter, monitor, sample, test, and inspect, as often as may be necessary, any structure, property, premises, building or place, public or private, residential or nonresidential within the water distribution system of the Department, for the purpose of assuring that no cross connections exist and that approved backflow preventers are in place where required. This right of access includes the right to effect any emergency actions necessary, including but not limited to disconnecting water service. Inspections of the facilities listed in Section 32-105(a), which pose the greatest potential hazard to the public water supply, are deemed to be a public necessity.

(b) No person shall refuse reasonable entry or access to the duly authorized representative who requests entry for any of the purposes set forth in (a) above and who presents appropriate credentials identifying himself.

(c) No person shall obstruct, hamper, or interfere with any such inspection, entry, monitoring, testing, or sampling.

(d) An inspection, entry, monitoring, testing and sampling, pursuant to this section may be conducted only after:

(1) Consent for the entry, inspection, testing, monitoring and sampling is received from the owner or person in charge of the property, building, premises or place; or

(2) An inspection warrant as provided in this section or by law is obtained.

(e) An inspection warrant is authorized by this article and may be issued by a judge of any County Court or Circuit Court of this State which has jurisdiction of the place or thing to be searched.

(f) The Department Director or his designee is hereby authorized and empowered to seek all search or inspection warrants reasonable and necessary to carry out the responsibilities, powers and duties set forth in this article, in accordance with the requirements of the Constitutions of the United Sates of America and the State of Florida.


Sec. 32-114. Obstruction Prohibited.

It shall be unlawful for any customer to maintain or place anything on or near a backflow preventer or other related equipment which obstructs access to the backflow preventer.

Sec. 32-115. Tampering Prohibited.

The intentional tampering with a backflow preventer, rendering it out of compliance with this ordinance, is prohibited.

Sec. 32-116. Testing.

(a) Testing standards. All required tests of backflow preventers shall be accomplished in accordance with the procedures in the latest editions of Chapter 8 of AWWA Manual M14 and Section 9 of the University of Southern California�s Manual of Cross-Connection Control.

(b) Initial. Upon installation, all backflow preventers shall be tested by certified backflow prevention testers and approved by the appropriate plumbing official. A water meter may be temporarily installed and water provided for testing purposes only, under Department supervision.

(c) Annual.

(1) All installed backflow preventers must be tested annually to assure that they are performing satisfactorily.

(2) The first annual testing of each backflow preventer installed subsequent to enactment of this ordinance shall occur within twelve months of installation.

(3) Backflow preventers which are in place on the date of enactment of this ordinance shall have their first annual testing completed before January 1, 2001.

(4) Installed backflow preventers at all of the facilities listed in Section 32-105 (a) shall be tested annually by an authorized representative of the Department.

(5) All other backflow preventers listed in the Department�s inventory pursuant to Section 32-105(b) shall be tested for proper operation at no greater than twelve month intervals by a certified backflow prevention tester.

(d) Change of Occupancy or Ownership.
Inspection of premises and satisfactory testing of an existing backflow preventer may be required before institution of water service to a new customer or issuance of a new certificate of occupancy.



(e) Deficiencies. If deficiencies are identified during any testing, the tester shall provide the water customer and the Department with a listing of the defects, on a form acceptable to the Department, within five days of the test, which warns the customer that defects must be repaired within thirty days of the report. Retesting shall be performed at or before the end of that period.

(f) Fees. The Department shall charge a fee for the annual testing specified in Section 32-116(c)(4) hereinabove. For the first backflow preventer at each location, the fee shall be $50 for each test. For any additional backflow preventer at the same location, the fee shall be $30 for each additional device. Retesting services shall be charged at the same fee.

Sec. 32-117. Repairs.

(a) It is the customer�s responsibility to assure that all defects listed by testers are corrected.

(b) Failure to complete repairs and have the backflow preventer certified within thirty days of the report listing any deficiency will result in enforcement action by the Department as provided in Section 32-121. If a civil violation notice is issued, the time allowed for correction shall be ten days.

Sec. 32-118. Certification.

Upon satisfactory completion of testing, a certification form acceptable to the Department shall be completed by the certified backflow prevention tester and submitted to the customer and to the Department, no later than thirty days following the test. If the backflow preventer required repair before testing satisfactorily, that fact shall be indicated.

Sec. 32-119. Modifications of Facilities.

Water customers shall notify the Department of any change of use of their premises or installation of fixtures or facilities which may affect the efficacy of existing backflow preventers or require installation of new ones. An evaluation of cross-connection protection needs must be performed by the Department before any such new uses or fixtures or facilities receive water service.

Sec. 32-120. Reporting and Record-keeping.

(a) All incidents of suspected or actual backflow shall be reported to the Department by all persons with knowledge.

(b) All water customers with backflow preventers shall report the following information to the Department: location, type, manufacturer, model, size and installation date, if known. The Department shall maintain an inventory of all backflow preventers required by this ordinance which are in place.

(c) The Department shall retain all records incident to the cross-connection control program which are mandated by this ordinance and by rules and regulations promulgated by State agencies pursuant to provisions of Part VI of Chapter 403, Florida Statutes.

Sec. 32-121. Enforcement.

The following enforcement actions are authorized:

(a) The Department may take emergency action to eliminate a cross connection involving a health hazard, or to stop and prevent backflow, by any practicable means, including disconnection of water service and installation of an approved backflow preventer, billing the customer for the cost of labor and materials (including overhead and fringe benefits).

(b) The Department may refuse water service to a customer in violation of the provisions of this Article, or to a customer who does not pay costs of Department emergency action to prevent backflow within sixty days. Water service may be withheld until the violation is corrected, the costs paid, and the affected premises or facilities are certified to be in compliance with all requirements stated herein.
(c) The Department may add any costs of emergency action to prevent backflow which remain unpaid after sixty days to the customer�s bill for services and record and enforce a lien when and as authorized by Article VI of Chapter 32 of the County Code.

(d) Any person who violates any provision of this Article or any lawful rule, regulation or written order promulgated under it is liable for any damage to Miami-Dade County, including damage to the public water supply, costs of rectifying harm, and consequential damage to other parties, caused by such violation. The County may undertake court actions to recover expenses and damages, to restrain, abate or correct violations of this Article, to permit access and corrective action, and to prevent use and occupancy of any premises where a probable violation of this Article could endanger human health.

(e) This ordinance may be enforced by code inspectors under supervision of the Department invoking all applicable provisions of Chapter 8CC of the County Code, including civil violation notices, administrative hearings, court appeals, and assessment of fines and costs with further penalties for non-payment.

(f) In addition to any civil penalty or court award of damages, any violator shall be liable for the reasonable costs and expenses incurred by the County in enforcing the provisions of this Article with respect to him, including but not limited to the labor and material costs (including overhead and fringe benefits) of emergency enforcement actions, inspections, preparation of enforcement reports, photographs, title searches, postage, court or hearing attendance time, and other demonstrable administrative costs for enforcement and collection. All such sums shall become delinquent if not paid within thirty days after receipt by the violator of the Department�s bill itemizing the costs incurred in enforcing the provisions of this chapter, or after a hearing officer or court order becomes final (the �due date�). All such delinquent sums shall bear interest at the rate of twelve percent (12%) per annum after the due date.

(g) In lieu of the lien for unpaid civil penalties provided in Section 8CC-7 of the County Code, if the violator is a water customer, the Department may include the amount of any ordered civil penalty including costs and expenses in the water customer�s bill for service and record a lien in accord with the provisions of Article VI of Chapter 32 of the County Code.

(h) Upon the rendition of a judgment or decree by any of the courts of this State, including appellate courts, against any person and in favor of the County to enforce compliance with this ordinance or to award damages to the County, the court shall adjudge a reasonable sum as fees for the attorney acting on behalf of the County in that civil action, in addition to court costs.

(i) The following funds when received by the County shall be deposited in a separate County fund, for use by the Department for administration and enforcement of this Article:

(1) All civil penalties collected pursuant to Section 2 of this ordinance, plus costs and expenses of enforcement;



(2) All damages, costs and attorney fees awarded as a result of court actions, pursuant to Section 32-121(d), (f) and (h).

Sec. 32-122. Fees and Charges.

Fees and charges imposed herein shall be subject to annual review and modification. The County Manager is hereby authorized to establish future modifications to the Department�s fees by separate administrative order, which fees shall not become effective until approved by the Board of County Commissioners.


Section 2. Section 8CC-10 of the County Code is hereby amended to add the following:3
Code Civil
Section Description of Violation Penalty


32-8.2 Violation of permanent

landscape irrigation

restrictions 50.00

>> [32-103 ] Cross-connection without
backflow preventer 500.00

[32-105 ] Failure to timely install
required backflow

preventers 75.00 per day

[32-109 ] Improper installation of
backflow preventer 500.00

[32-109 ] Bypassing backflow preventer 500.00
[32-110 ] Failure to timely replace
noncompliant backflow
preventers 75.00 per day

[32-112 ] Unauthorized use of fire
suppression device 500.00

[32-113 ] Unreasonable denial of
access to premises 200.00

[32-114 ] Obstruction of access to a
backflow preventer 75.00 per day

[32-115 ] Tampering with a backflow
preventer 1,000.00

[32-116 ] Failure to have backflow
preventers tested within
time required 25.00 per day

[32-117 ] Failure to timely repair
noncompliant backflow
preventers 75.00 per day

[32-118 ] Submitting a false or
fraudulent backflow
preventer test report 1,000.00

[32-119 ] Failure to report and obtain
inspection of backflow
preventers affected by
premises modifications
(after modifications are
placed in use) 75.00 per day

[32-120 ] Failure to report known
or suspected backflow 1,000.00 <<



33-8(a) Failure to obtain certificate of
use and occupancy for South
Florida Building Code (SFBC)
Group A, B, C, D, E, and F
occupancies 500.00

Section 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed, but only insofar as such ordinances may be in conflict with this ordinance.

Section 4. Severability. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 5. Inclusion in the Code. It is the intention of the Board of County Commissioners, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," or "article," or other appropriate word.

Section 6. This ordinance does not contain a sunset provision.

Section 7. Effective Dates. This ordinance shall become effective ten days after the date of enactment, unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.