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A. Unless otherwise provided, the owner of property where a backflow prevention device assembly is required to be installed shall cause a test of the device to be performed:

1. at the time of installation;

2. within 30 days of the anniversary date of installation; and,

3. if the device is moved, immediately thereafter.

B. Unless otherwise provided, the owner of a mobile apparatus on which a backflow prevention device assembly or air gap separation is required shall cause a test of the assembly or an inspection of the air gap separation to be performed:

1. within the year before use in the City; and

2. annually thereafter.

C. The City may require more frequent testing of backflow prevention assembly devices than is required under subsection (A) or (B) of this section if the assembly is installed at a facility that poses an extreme health risk or if the device fails repeatedly.

D. The result of the test of a backflow prevention device assembly required under subsection A or B of this section shall be forwarded to the city within ten days of the date of the test.

E. If the test result indicates the backflow prevention device assembly is operating properly, the City may acknowledge receipt of the test result and may indicate when the next regularly scheduled test of the assembly is required.

F. If the test result indicates the backflow prevention device assembly is not operating properly, the assembly shall be repaired immediately and retested. The result of the retest shall be forwarded to the City within 10 days of the original test. If the retest result indicates the assembly is operating properly, the City may acknowledge receipt of the retest result and may indicate when the next regularly scheduled test of the assembly is required. If the retest result indicates the assembly is not operating properly, the City shall be notified immediately and the assembly shall again be repaired immediately and retested. The result of the retest shall be forwarded to the City within 10 days of the test. Retesting and repairing of an assembly shall continue until a test indicates the assembly operates properly.

G. If the City has not received the result of a test required under subsection A or B of this section within 30 days of the required date of the test, the City may order a test and add the cost of the test to the property owner’s water bill.

H. If a property owner fails to repair a backflow prevention device assembly within ten days of the test showing the assembly is not operating properly, the City may order the repair of the assembly and add the cost of the repair to the property owner’s water bill.

I. The City, in accordance with BC 4.02.185, may discontinue the water service of any person who refuses or fails to pay for charges added to the person’s water bill pursuant to subsection F and G of this section.

J. All tests required under this section shall be performed by a person currently certified by the State Health Division of the Department of Human Resources to perform such tests.

K. If the City has reasonable grounds to believe that a violation of this section has occurred, then upon reasonable notice the City may deny or discontinue water service to the premises where the violation is believed to exist. The denial or discontinuance of water service may continue until a backflow prevention device assembly is appropriately tested and shown to be operating properly.

L. In addition to any other remedy provided by law, violation of BC 4.02.160 or 4.02.165, or failure to comply with an order thereunder, is punishable as a Class 1 Civil Infraction, to be processed in accordance with the procedure contained in BC 2.10.010 through 2.10.050. The imposition of a penalty for an infraction shall not excuse the infraction or permit it to continue. In addition to any liability under BC 2.10.010 through 2.10.050, a person found in violation of 4.02.160 or 4.02.165 shall be ordered to correct or remedy the cause of the violation. [BC 4.02.165, amended by Ordinance No. 3667, 5/15/89]