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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/04/2018 - ITEMS RELATING TO VARIOUS AMENDMENTS TO CITY CODEAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY December 4, 2018 City Council STAFF Kevin Gertig, Utilities Executive Director Judy Schmidt, Legal SUBJECT Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 160, 2018, Adopting the Cross-Connection Control Manual Containing Supplemental Rules and Regulations Necessary to Implement the Cross-Connection Control Program Pursuant to Section 26-189 of the Code of the City of Fort Collins and Amending Said Section to Authorize the Utilities Executive Director to Make Technical Revisions to Such Rules and Regulations. B. First Reading of Ordinance No. 161, 2018, Amending Chapter 26 of the Code of The City of Fort Collins to Add Definitions for Data Managed by Utility Services. C. First Reading of Ordinance No. 162, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Reference the Financial Officer’s Rules and Regulations for Interest Rates for the On-Bill Financing Program. D. First Reading of Ordinance No. 163, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utility Accounts, Billing and Collection Practices Regarding Net Metering. E. First Reading of Ordinance No. 164, 2018, Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Access and Metering Conditions of Utility Services Related to Transition from Manually-Read Meters to Advanced Metering Infrastructure (AMI) Meters. F. First Reading of Ordinance No. 165, 2018, Amending Sections 26-120 and 26-283 of the Code of the City of Fort Collins to Authorize the Utilities Executive Director to Waive Water Plant Investment Fees and Sewer Plant Investment Fees in Limited Circumstances The purpose of this item is to adopt a variety of revisions, clarifications and additions to update portions of City Code Chapter 26 pertaining to Utility Services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Item A: Cross Connection Control Manual The purpose of this item is to adopt an updated version of the Cross-Connection Control Manual that contains supplemental rules and regulations not explicitly written in Section 26-189 of the Code of City of Fort Collins. The Cross-Connection Control Manual was last updated in 2002 and this Ordinance would also amend Section Agenda Item 14 Item # 14 Page 2 26-189 to authorize the Utilities Executive Director to make technical revisions, similar to technical revisions the Utilities Executive Director is authorized to make under Section 26-29 to development construction standards. The purpose of a Backflow and Cross Connection Control program is to reduce or eliminate the risk of contamination or pollution of the public water system. A cross-connection is an actual or potential connection between any part of a potable water system and an environment that would allow substances to enter that system. This includes gases, liquids, or solids such as chemicals, water products, steam, water from other sources and any matter that may change the color or taste and/or odor of the water. The Fort Collins Cross Connection Control Manual was last updated in 2002. Since that time several changes have happened in the industry that staff feels are important to formally recognize. A general summary of the proposed changes are as follows: 1. The 2017 update identifies the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (USC) as the approval agency for testable devices and the American Society of Sanitation Engineers (ASSE) as the approval agency for non-testable devices. This change follows national best practices. 2. An Approved Water Supply means that it is a potable water supply operating in accordance with the Colorado Primary Drinking Water Regulations from the Colorado Department of Public Health and Environment (CDPHE). 3. Certification of Testers must be approved by ASSE or the American Backflow Prevention Association (ABPA). This also follows national best practices. 4. Changes the references in building codes from the Universal Plumbing Code (UPC) to the International Plumbing Code (IPC) to conform to City of Fort Collins adopted references. 5. Added ‘double check valve assemblies’ to the list of approved devices. 6. Combined definitions and references to Contamination, Health Hazard, Pollution, and Pollution Hazard as all are impacts to the system that are being addressed in similar manners. This was included to help simplify the manual. Staff recommends that the updated Cross-Connection Manual and the changes to section 26-189 of the Code of the City of Fort Collins to authorize the Utilities Executive Director to make technical revisions go into effect on January 1, 2019. Item B: Add Definitions for Data Managed by Utility Services The purpose of this item is to add definition of the word aggregation to the privacy language related to utility data. Adding this definition maintains privacy of customer data while still allowing for data to be used beneficially for analysis by City Staff or other interested parties. Currently, Code references aggregated statistical form in 26-26 (3) for data sharing and provides that utility account information may be disclosed to the public in an aggregated or statistical form so classified as to prevent the identification, location or habits of individual customers, but does not provide a specific standard. The added definition both protects customer’s data and gives staff adequate direction to determine how data may be shared. The proposed definition to be added to Code Section 26-1 is as follows: Aggregated data shall mean reports of utility user data at a meter-level for single family accounts or building-level for multi-family and commercial accounts, alone or combined with other anonymized data resulting from statistical processing, including average consumption and consumption per square foot. In compiling such information (i) the time interval for data reported shall be no fewer than monthly; and (ii) each report shall reflect information from no less than four utility accounts. Anonymized data shall mean utility user data from which account Agenda Item 14 Item # 14 Page 3 information has been removed so no individual user’s name, contact information, financial data, or habits can be determined from the aggregated results. Item C: Interest Rates for the On-Bill Financing Program The purpose of this item is to remove conflicting language that defines an interest rate for on-bill financing loans at a specific value based on a specific date of issuance. Currently, this language restricts the allowable interest rate to a single value for all loans. The proposed changes define a permitted interest rate range (2.5% - 10% per annum), with specific rates to be set annually, in the Financial Officer’s rules and regulations. Item D: Clarify Utility Accounts, Billing and Collection Practices Regarding Net Metering The purpose of this item is to remove language related to parallel generation that no longer applies. In various annual rate updates, City Council adopted adjustments to “net metering”, “net metering-community solar projects”, and “renewable resources” portions of the Code setting electric rates, rendering obsolete the references to “parallel generation” in those sections. Staff has determined the “parallel generation” references have been effectively replaced by more specific provisions of the electric rate subsections of the Code and removal of the “parallel generation” will clarify interpretation and application of the rates and bill-credits associated with net metering, community solar projects, and renewable resources. Item E: Clarify Access and Metering Conditions of Utility Services Regarding Transition from Manual- Read Electric and Water Meters to AMI Meters The purpose of this item is to clarify service conditions, remedies for interference with Utility personnel in their performance of official duties, and manually-read metering service fees that are required to better inform customers and align with current utility practices. This Ordinance addresses issues with existing and emergent utility processes caused by manual- read water and electric meters. Currently, every month Credit/Collections personnel manually read and collect the water and electric consumption for customers who select and pay for the manual-read option. Time-of-Day (TOD) electric rates have greatly increased the amount of information needed to correctly bill residential customers. Currently, manual-read electric accounts need one or two readings (depending on net metering status) that are visually collected and hand-entered into a mobile device; TOD will require the connection of a tablet to the electric meter to download a much higher resolution of metering data to accommodate TOD billing. This will greatly increase the amount of time City personnel must be on the customer’s property and at the meter location, which will exacerbate the existing issues including: 1. manual-read customers who have their service terminated for failure to pay will require manual removal of the electric meter; and 2. more frequent recurrence of conflict regarding such access. Each of these issues cause delays in bill creation and/or duplication of truck rolls to these locations. Code language is being added to address the above concerns; when customers who are manual-read continue to cause the issues stated above, the new code language provides Utilities with a mechanism to transfer these customers to the standard wirelessly communicating meter reading system in order to obtain the metering information needed for billing. A meter exchange is required to make this transition and the fee associated with that exchange is also included in this update. There is also language added to ensure utility personnel are granted access to private property when accessing utility owned facilities including electric and water meters, water communications modules, and water meter touchpads. Item F: Amending Code Sections 26-120 and 26-283 to Authorize Waiver of Water Plant Investment Fees (WPIF) and Sewer Plant Investment Fees (SPIF) in Limited Circumstances Agenda Item 14 Item # 14 Page 4 The purpose of this item is to authorize waivers for WPIFs and SPIFs in connection with a change in use from residential to non-residential where the customer notified the utilities of such change, but it is discovered more than 2 years after the change that the required WPIFs and SPIFs were not charged by the utility and are likely the result of error or omission of the utility for which the applicant is not culpable. The Utilities Executive Director is authorized to grant such waivers so long as they do not adversely affect the capacity of the impacted utility to serve its customers. To date staff has identified a single instance under which a change of use from residential to commercial was completed without charging the additional incremental PIF that should have been assessed at the time the change of use was approved. Current Code does not clearly allow for the Utility Executive Director to exercise discretion on the subsequent collection of such unbilled PIFs. CITY FINANCIAL IMPACTS Most of the Code changes proposed above will have no direct financial impact to the City. Ordinance No. 164, 2018 (Item E) allows the Utility Executive Director to have some discretion to waive water plant investment fees and sewer plant investment fees under limited circumstances. It is not anticipated that these circumstances will occur often or result in significant lost revenue. BOARD / COMMISSION RECOMMENDATION Item A: Fort Collins Utilities Water Board voted unanimously, 9-0 on August 17, 2017, to recommend approval of the updated City of Fort Collins Cross-Connection Control Manual. (Attachment 1) Items B, C, D and E: The Fort Collins Energy Board voted 9-0 on November 8, 2018, to recommend approval of these proposed revisions to Code. (Attachment 2) PUBLIC OUTREACH Fort Collins Utilities has presented the changes to Water Board and the Fort Collins Energy Board as set forth above. Staff has not done any further public outreach as it was determined that the revisions were of a technical nature and would not adversely affect customers. ATTACHMENTS 1. Water Board Minutes August 7, 2018 (PDF) 2. Energy Board Minutes November 8, 2018 (Draft) (PDF) Fort Collins Utilities Water Board Minutes Thursday, August 17, 2017 Water Board Chairperson City Council Liaison Brett Bovee, 970-889-0469 Wade Troxell, 970-219-8940 Water Board Vice Chairperson Staff Liaison Kent Bruxvoort, 970-219-2832 Carol Webb, 970-221-6231 ROLL CALL Board Present: Chairperson Brett Bovee, Vice Chairperson Kent Bruxvoort, and Board Members Steve Malers, Jim Kuiken, Phyllis Ortman, Michael Brown, John Primsky, Jason Tarry, and Lori Brunswig. Board Absent: Andrew McKinley and Rebecca Hill. OTHERS PRESENT Staff: Carol Webb, Katherine Martinez, Randy Reuscher, Justin Fields, Susan Strong, Kevin Gertig, Kurt Vanatta, Chandler Arellano, Cindy Farnes, Jon Haukaas, Gregg Stonecipher, Norm Mill, Basil Hamdan, Matt Zoccali, Jesse Schlam, Jim Carder, and consultant Tyler Dell/Colorado Stormwater Center. Members of the Public: None. Meeting Convened Chairperson Bovee called the meeting to order at 5:31 p.m. City Code Update to Cross-Connection Control Manual (Attachments available upon request) Updates were presented by Water Engineering Field Operations Manager Jon Haukaas, Cross Connection Control Technician Norm Mill, and Distribution Superintendent Jim Carder. The Manual was last updated in 2002, although staff reviewed it in 2008. The purpose of the 2017 update is a general update of technical language and criteria, and alignment with Colorado Department of Public Health and Environment. The new third edition final document will be published on the Development section of the City’s website (page link: http://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guidelines- regulations) (document link: http://www.fcgov.com/utilities/img/site_specific/uploads/crossconnection.pdf ), and also available at the City Clerk’s Office. Discussion Highlights Board members commented on or inquired about various related topics including which template staff used for the manual (Mr. Haukaas stated the manual basis is in nationally-accepted practices such as those by the American Water Works Association); and potential main hazards for residential homes. Mr. Haukaas mentioned this is his last Water Board meeting; he has accepted a position as director of public works for a suburb of Minneapolis; the board thanked him for his service to the City. ATTACHMENT 1 2 Water Board Minutes August 17, 2017 Board Member Steve Malers moved that Water Board recommend approval of the updated 2017 City of Fort Collins Cross-Connection Control Manual. Discussion on the Motion A board member inquired whether the manual applies to the Growth Management Area. Staff replied that the manual applies to the City of Fort Collins service area. Board Member Jason Tarry seconded the motion. Vote on the Motion: It passed unanimously, 9-0. Adjournment The meeting was adjourned at 7:30 p.m. Energy Board Minutes DRAFT November 8, 2018 Energy Board Minutes DRAFT October 11, 2018 Fort Collins Utilities Energy Board Minutes DRAFT Thursday, November 8, 2018 Energy Board Chairperson Nick Michell, 970-215-9235 City Council Liaison Ross Cunniff, 970-420-7398 Energy Board Vice Chairperson Amanda Shores, 408-391-0062 Staff Liaison Tim McCollough, 970-305-1069 Roll Call Board Present: Chairperson Nick Michell, Vice Chairperson Amanda Shores, Alan Braslau, Bill Becker, Jeremy Giovando, Greg Behm, John Fassler Late Arrivals: Stacey Baumgarn, Krishna Karnamadakala Board Absent: Others Present Staff: Tim McCollough, Christie Fredrickson, John Phelan, Adam Bromley, Kirk Longstein, Pablo Bauleo, Jason Graham, Rhonda Gatzke, Cyril Vidergar, Daylan Figgs Platte River Power Authority: Paul Davis, Brad Decker, Joel Danforth, Alyssa Clemson Roberts Members of the Public: Rich Maroncelli, Rick Coen Meeting Convened Chairperson Michell called the meeting to order at 5:30 p.m. Fall Municipal Code Updates John Phelan, Energy Services Manager Adam Bromley, Senior Manager, Electrical Engineering (attachments available upon request) Mr. Bromley and Mr. Phelan reviewed code updates slated for this fall. BM Behm moved to support the proposed revisions to City Code related to Light & Power topics. CP Michell seconded the motion. Vote on the Motion: It passed unanimously 9-0 Adjournment The Energy Board meeting adjourned at 8:53 p.m. ATTACHMENT 2 -1- ORDINANCE NO. 160, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE CROSS-CONNECTION CONTROL MANUAL CONTAINING SUPPLEMENTAL RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE CROSS-CONNECTION CONTROL PROGRAM PURSUANT TO SECTION 26-189 OF THE CODE OF THE CITY OF FORT COLLINS AND AMENDING SAID SECTION TO AUTHORIZE THE UTILITIES EXECUTIVE DIRECTOR TO MAKE TECHNICAL REVISIONS TO SUCH RULES AND REGULATIONS WHEREAS, the City owns and operates a water utility that, among other things, provides treated water service to customers; and WHEREAS, the control of cross-connections within the treated water system is an important issue in order to protect the City’s treated water system from contamination; and WHEREAS, City Code Sections 26-186 through 26-189 concern cross-connection control, with City Code Section 26-189 stating that the City Council may, upon recommendation of the City Manager, adopt by ordinance such supplemental rules and regulations as may be necessary to implement and administer the cross-connection control program; and WHEREAS, the City previously adopted such supplemental rules and regulations in the form of a cross-connection control manual through Ordinance No. 131, 1994, as such rules and regulations were amended through Ordinance No. 047, 2001; and WHEREAS, the City Manager and City staff have developed an updated version of that manual, being the Cross-Connection Control Manual, attached hereto as Exhibit “A” (“Manual”), with the Manual containing such supplemental rules and regulations contemplated under City Code Section 26-189 and as otherwise authorized pursuant to City Code Section 26- 52; and WHEREAS, the Manual and the rules and regulations contained therein are necessary to implement and administer the cross-connection control program and are intended to replace previous versions of the cross-connection control manual; and WHEREAS, the Manual and the rules and regulations contained therein are necessary in order to protect the City’s treated water system from contamination, thereby protecting the health, safety, and welfare of the citizens of Fort Collins and the customers of the City’s treated water system; and WHEREAS, there have historically been instances when minor additions, revisions, and corrections to the cross-connection control manual have been desirable and necessary to conform to good engineering and/or standards and practice (collectively, “technical revisions”), but that such technical revisions do not create good cause to require the amendment or re-adoption of such manual by ordinance, but could instead be better and more efficiently made administratively by the Utilities Executive Director; and -2- WHEREAS, notwithstanding the best efforts of City staff, it can be reasonably anticipated that technical revisions may be required for the Manual, and that it would be beneficial to the City, the citizens of Fort Collins, and the customers of the City’s treated water system to include procedures in City Code Section 26-189 to allow for technical revisions to be made administratively by the Utilities Executive Director; and WHEREAS, analogous provisions related to similar technical revisions are included in City Code Section 26-29; and WHEREAS, the Water Board has recommended approval of the Manual; and WHEREAS, the City Manager and City staff have recommended to the City Council that the Manual and the following changes go into effect as of January 1, 2019, among other reasons, in order to provide adequate time for City staff and the public to prepare for the changes; and WHEREAS, the City Manager and City staff have recommended to the City Council that the Manual be adopted as set forth herein and that City Code Section 26-189 be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Cross-Connection Control Manual, attached hereto as Exhibit “A”, is adopted as supplemental rules and regulations pursuant to City Code Sections 26-52 and 26-189. Section 3. All previous cross-connection control manuals and rules and regulations under City Code Section 26-189 shall be revoked and shall no longer be in effect after December 31, 2018. Section 4. That Section 26-189 of the Code of the City of Fort Collins is hereby amended by labeling the existing paragraph as Subsection (a) and adding a new Subsection (b) to read as follows: Sec. 26-189. - Prevention program. . . . (b) The Utilities Executive Director may adopt minor additions, revisions and corrections to the supplemental rules and regulations as may, in the judgment of the Utilities Executive Director, be necessary to better conform to good engineering and/or standards and practice. The Utilities Executive Director shall approve only those proposed technical revisions that: -3- (1) are consistent with all existing policies relevant to the revisions, (2) do not result in any significant additional cost to persons affected by the revision, and (3) do not materially alter the standard or level of service to be accomplished through the specified infrastructure. Upon adoption of any technical revisions pursuant to the authority of this Subsection, the Utilities Executive Director shall provide to the City Clerk documentation of such technical revisions specifying the date upon which they shall become effective, and shall maintain said documentation on file in the permanent records of the City Clerk and Utility Services and available for public inspection. Section 5. That this Ordinance shall go into effect on January 1, 2019. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Third Edition All Rights Reserved Copyright© 2017 Fort Collins Utilities EXHIBIT A 1 | P a g e Table of Contents Division 7 Cross-Connection Control ........................................................................................................... 2 Part 1 - General ........................................................................................................................................................ 4 1.1 Description and Definitions ............................................................................................................... 4 1.2 Quality Assurance .............................................................................................................................. 7 1.3 Responsibilities .................................................................................................................................. 7 1.4 Type of Protection Required ............................................................................................................ 7 Part 2 - Products ..................................................................................................................................................... 8 2.1 Backflow Prevention Assemblies by Type ..................................................................................... 8 Part 3 – Execution .................................................................................................................................................. 9 3.1 Protection Required Regardless Of Degree of Hazard ................................................................ 9 3.2 Type of Protection Required For Specific Facilities ...................................................................... 9 3.3 Installation ......................................................................................................................................... 12 3.4 Maintenance ..................................................................................................................................... 15 3.5 Testing, Inspection and Acceptance ............................................................................................. 16 Part 4 – Compliance and Appeal Procedures .................................................................................................... 17 4.1 Failure to Comply ............................................................................................................................. 17 4.2 Procedure for Appeal ...................................................................................................................... 17 Part 5 – Assembly Applications ............................................................................................................................ 18 5.1 Application Tables ........................................................................................................................... 18 5.2 Recommended Assemblies ............................................................................................................ 19 Appropriate Assembly or Method for an Identified Contaminant ..................................................... 19 Part 6 – Standard Drawings .................................................................................................................................. 20 Water Tanker Trucks Approved Filling Methods ................................................................................ 20 Reduced Pressure Principle Assembly: Indoor and Outdoor Installations ..................................... 21 Irrigation Systems and Requirements .................................................................................................. 22 Double Check Valve Assemblies: Indoor and Outdoor Installation ................................................. 23 Vacuum Breakers and Pressure Vacuum Breaker/Spill Resistant .................................................. 24 Irrigation Systems Where There Is No Injection and Pressure Vacuum Breaker/Spill Resistant ............................................................................................................................................................ 25 Continuous Service Installation Requirements ................................................................................... 26 Sprinkler Service ..................................................................................................................................... 27 Cross-Connection Control Manual adopted by Ord. No. 131, 1994, 9-6-94 As revised by Ord. No. 47, 2001, 4-17-01 2 | P a g e The following section regarding the control of cross-connections is excerpted from the Fort Collins Municipal Code and is presented for informational purposes. Division 7 Cross-Connection Control Sec. 26-186. Cross-connection prohibited; exception (a) It is unlawful for any person to have a connection between a private line carrying well water and a line carrying city water or to make, install, maintain or permit to exist any other cross-connection between the city’s or user’s potable water system and any pipe, plumbing fixture, tank, receptacle, equipment or other appurtenance on the user’s premises unless it is protected with a backflow prevention assembly approved by the city. (b) No water connection to any premises shall be installed or maintained by the utility unless the potable water supply is protected as required by state laws and regulations and this Code. The Director shall discontinue water utility service to any premises if it is found that an unprotected cross-connection exists on the premises or that a backflow prevention assembly required under this Section has not been installed and tested or that the required backflow prevention assembly has been removed, bypassed, improperly maintained or improperly tested. Service shall not be restored until such conditions or defects are corrected to the satisfaction of the Director. (Ord. No. 165, 1986, § 1(112-66(A), (B)), 11-4-86; Ord. No. 77, 1994, 6-7-94) Sec. 26-187. Backflow prevention assembly The extent of cross-connection control and the type of backflow prevention assembly to be required shall depend upon the degree of hazard presented by the cross-connection on the premises. When backflow prevention assemblies are required they shall be installed at the service connection or location designated by the Director. The assembly shall be located so as to be readily accessible for in-line maintenance and testing and where no part of the assembly will be submerged. (Ord. No. 165, 1986, § 1(112-66(C)), 11-4-86; Ord. No. 77, 1994, 6-7-94) Sec. 26-188. Contamination prohibited A user of city water is responsible for preventing pollutants and contaminants from entering the user’s potable water system and the city’s water system. A user’s responsibility starts at the point of delivery of city water to the private service line and includes all of such user’s water systems. A user shall install, operate, test and maintain backflow prevention assemblies at the user’s expense as directed by the city or the state and keep accurate records of tests and repairs made to such assemblies in accordance with the provisions of this Section and any derivative rules, regulations, policies and procedures. (Ord. No. 165, 1986, § 1(112-66(D)), 11-4-86; Ord. No. 77, 1994, 6-7-94) 3 | P a g e Sec. 26-189. Prevention program The City Manager is authorized and directed to conduct surveys as to the extent of cross-connection problems and establish a program to control and eliminate cross- connection hazards. The Council may, upon recommendation of the City Manager, adopt by ordinance such supplemental rules and regulations as may be necessary to implement and administer the cross-connection control program. It shall be unlawful for any person to violate any such rules and regulations enacted by the City Council pursuant to this Section. (Ord. No. 165, 1986, § 1(112-66(E)), 11-4-86; Ord. No. 77, 1994, 6-7-94) Sec. 26-190—26-205. Reserved (Footnotes) *Cross reference—Plumbing standards, § 5-125 et seq. 4 | P a g e Part 1 - General 1.1 Description and Definitions A. This specification pertains to the specific requirements for the installation, use and testing of approved backflow prevention assemblies generally required in Sections 26-186, 26-187, 26-188 and 26-189 of the Code of the City of Fort Collins. B. The following words, terms and phrases are used to define cross-connection control and backflow prevention. When used in these Rules and Regulations they shall have the following meaning ascribed to them: 1. Approved: The term “approved” as herein used in reference to a backflow prevention assembly or method shall mean such assembly or method approved by the Director as being in compliance with all applicable specifications and requirements of these Rules and Regulations. 2. Approved Testing Laboratory: All testable assemblies shall have the approval of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California (FCC & HR). All nontestable assemblies shall have the approval of the American Society of Sanitary Engineers (ASSE). 3. Approved Water Supply: Any public potable water supply which has been approved by the Colorado Department of Public Health and Environment (CDPHE) and is operating in accordance with the Colorado Primary Drinking Water Regulations. 4. Auxiliary Water Supply: Any water supply on or available to any premises other than the public potable water supply. These auxiliary water supplies may include, but not be limited to, water from another utility’s potable water system or from any source such as a well, spring, river, pond, lake, reservoir, stream or any other body of water. 5. Backflow: The undesirable reversal of the direction of flow of water or mixtures of water and other liquids, gases, or other substances into a potable water system from any source or sources caused by backpressure and/or backsiphonage. 6. Backflow Prevention Assembly: Any assembly or method designed, installed and used to prevent backflow into a potable water system. 7. Backpressure: Any increase in pressure in the downstream piping system (by pump, elevation of piping, or steam and/or air pressure) above the supply pressure at the point of consideration which would cause, or tend to cause, a reversal of the normal direction of flow. 8. Backsiphonage: Any form of backflow due to a reduction in system pressure that causes a negative or sub-atmospheric pressure to exist in the water system. 5 | P a g e 9. Certified Cross-Connection Control Technician (Certified Technician): A person who possesses a valid Backflow Prevention Assembly Tester Certification from one of the following approved organizations: American Society of Sanitary Engineering (ASSE) or the American Backflow Prevention Association (ABPA). If a certification has expired, the certification is invalid. 10. Check Valve: A self-closing device that is designed to permit the flow of fluids in only one direction. 11. Consumer: The owner or operator of a consumer water system. 12. Consumer Water System: Any water system located on any privately or publicly owned premises that are supplied by the public potable water system or by an auxiliary water supply. The water system may be a potable water system, a nonpotable water system or an industrial piping system. 13. Contaminants/Pollutants: An actual or potential impairment of the quality of potable water by chemical, biological or radiological contaminants that can pose unacceptable health and/or safety risks to the public through backflow or backsiphonage of contaminants from cross-connections. 14. Critical Level: The critical level or “C/L” marking on an approved backflow prevention assembly is the point conforming to approved standards established by the approved testing laboratory which determines the minimum distance above the flood-level rim of the fixture (highest point of usage) or receptacle served at which the assembly may be installed. When a backflow prevention assembly does not bear a critical-level marking, the bottom of any such approved assembly shall constitute the critical-level. 15. Cross-Connection: Any unprotected actual or potential physical connection or structural arrangement of piping or fixtures between a consumer’s water system and the public potable water system through which it is possible to introduce into any part of the public potable water system any used water, industrial fluid, gas, liquid, solid or any other substance. Examples of such cross-connections include, without limitation, swing connections; removable sections; four-way valves; removable spools; dummy sections of pipe; swivel or change-over devices; jumper connections; sliding multiport tubes; solid connections; and any other temporary or permanent devices through which or because of which backflow could occur. 16. Degree of Hazard: The level of potential risk to the public health and the type of adverse effect that the hazard may have upon the public potable water system. 17. Director: The City of Fort Collins Utilities Executive Director or designee. 18. Flood-Level Rim: The edge of a receptacle from which liquid overflows. 19. Hospital: Any facility operated for the diagnosis, care and treatment of human disease, illness or injury, including convalescence and care during and after pregnancy and to which persons may be admitted for overnight stay or longer. 6 | P a g e The term “hospital” shall include, without limitation, sanitariums, nursing homes and maternity homes. 20. Industrial Piping System: Any system used by a consumer for transmission of or to confine any fluid, liquid, solid or gaseous substance other than potable water. Such a system includes, but is not limited to, all pipes, conduits, tanks, receptacles, fixtures, equipment, and appurtenances used to produce, convey, or store substances which are or may be polluted or contaminated. 21. Medical Center: Any facility operated for the diagnosis, care and treatment of human disease, illness or injury, and to which persons are not normally admitted for overnight stay. The term “medical center” shall also include dental clinics. 22. Nonpotable Water: Water that is not safe for human consumption or that has not been approved by the CDPHE as being safe for human consumption. 23. Nontestable Assemblies: Backflow prevention assemblies not approved by the FCCC&HR because of not being in-line testable. 24. Potable Water: Water from any source that has been approved by the CDPHE as safe for human consumption. 25. Potable Water System: Any system used for the transmission, storage and use of potable water. This system includes all pipes, conduits, tanks, receptacles, fixtures, equipment, and all other appurtenances used to transmit, store or use potable water. 26. Public Potable Water System: Fort Collins Utilities, which shall include all sources, facilities, and appurtenances from the source to the point of delivery of potable water to the consumer, such as valves, pumps, conduits, pipes, tanks, receptacles, fixtures, equipment, and all other appurtenances used to produce, convey, treat and store potable water for public consumption or use. 27. System Hazard: An actual or potential threat of severe damage to the physical properties of the public potable water system or of pollution or contamination which would have a protracted effect on the quality of the potable water in the system. 28. Used Water: Any water which has been supplied by the Utility from the public potable water system and has passed through water service connection into a consumer water system and is no longer under the control of the Utility. 29. Utility: Fort Collins Utilities. 30. Vacuum: Any pressure less than atmospheric pressure. 31. Water Service Connection: The terminal end of a service connection to the public potable water system, being the downstream end of the curb-stop valve where the Utility loses control over the water at its point of delivery to the consumer water system. “Water service connection” shall also include service connections from a fire hydrant and all other temporary or emergency service connections from the public potable water system. 7 | P a g e 1.2 Quality Assurance A. Only those backflow prevention assemblies described in FCCC&HR’s most current “List of Approved Backflow Prevention Assemblies” (http://usclist.com) and, in the case of single-family residences, those assemblies bearing the approval of the ASSE, are approved by the Director for use as hereinafter set forth in these Rules and Regulations. Only such approved backflow prevention assemblies shall be used, and no substitutions will be allowed. B. The entire backflow prevention assembly including the isolation valves furnished as part of the assembly shall meet the design and performance specifications of and be approved by the FCCC&HR. C. To be approved, all backflow prevention assemblies, except ASSE approved nontestable single-family residential assemblies, must be readily accessible for in-line maintenance and testing. 1.3 Responsibilities The consumer shall be responsible for preventing pollutants and contaminates from the consumer’s water system from entering the public potable water system at the water service connection by installing, operating, having tested and inspected, and by maintaining approved backflow prevention methods or assemblies as required by these Rules and Regulations. 1.4 Type of Protection Required The type of backflow prevention assemblies required by these Rules and Regulations shall depend on the degree of hazard to the public potable water system that exists from the consumer water system. An approved air-gap separation method, reduced pressure principle assembly, double-check valve assembly, pressure vacuum breaker assembly or atmospheric vacuum breaker assembly shall be used where there is an existing or potential contamination hazard. The actual method or assembly will be determined by the Director (or designee) in accordance to the severity of the contamination risk. See Part 5 Assembly Application. 8 | P a g e Part 2 - Products 2.1 Backflow Prevention Assemblies by Type A. Air-Gap Separation: A physical separation between the free-flowing discharge end of a public potable water system pipeline and an open or nonpressure receiving vessel. An approved air-gap separation shall be at least double the diameter of the supply pipe measured vertically above the flood-level rim of the vessel, but in no case less than one inch. B. Reduced Pressure Principle Assembly: An assembly containing two independently acting, approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at a point below the first check valve. The unit shall include four properly located test cocks and two tightly closing resilient seat isolation valves. C. Double Check Valve Assembly: An assembly of two single, independently acting, approved check valves. The unit shall include four properly located test cocks and two tightly closing resilient seat isolation valves. A single check valve or two single check valves linked in tandem is not considered an approved backflow prevention assembly. D. Pressure Vacuum Breaker: An assembly containing one independently operating, internally loaded check valve and an independently operating loaded air-inlet valve located on the discharge side of the check valve and fitted with two properly located test cocks and two resilient seat isolation valves. E. Spill Resistant Vacuum Breaker: An assembly containing an internally loaded check valve, a loaded air inlet valve, two resilient seated shut-off valves, one test cock and one vent valve. F. Atmospheric Vacuum Breaker: An assembly containing a shut-off valve followed by a valve body containing a float-check, a check seat and an air-inlet port. G. Nontestable Assemblies: Nontestable assemblies that are approved by the ASSE shall only be used for single-family residential applications and are limited to the following: 1. Dual Check with Atmospheric Vent: A double check valve assembly with an atmospheric vent located between the two check valves. 2. Standard Residential Dual Check: Same as the dual check with atmospheric vent assembly, but it does not have an intermediate atmospheric vent. 3. Hose Connection Vacuum Breaker: A specialized version of the atmospheric vacuum breaker, which attaches between sill cock and hose. This device cannot be used as protection from backpressure. 9 | P a g e Part 3 – Execution 3.1 Protection Required Regardless Of Degree of Hazard A. In the case of a consumer’s premises having an auxiliary water supply, the public potable water system shall be protected by an approved air-gap separation or an approved reduced pressure principle assembly installed on each service line to the premises. B. In the case of a consumer’s premises having internal cross-connections that are not correctable, or there are intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist, the public potable water system shall be protected by an approved air-gap separation or an approved reduced pressure principle assembly installed on each service line to the premises. C. In the case of a consumer’s premises where entry is restricted or where complete inspections for cross- connections cannot be made with sufficient frequency or on sufficiently short notice to assure that cross-connections do not exist, the public potable water system shall be protected by an approved air-gap separation or an approved reduced pressure principle assembly installed on each service line to the premises. 3.2 Type of Protection Required For Specific Facilities A. Booster Pumps: When it becomes necessary due to low pressure or special operating conditions to install a booster pump on the water service line to any consumer’s premises, such service line shall be protected by the installation of an approved air-gap separation or an approved reduced pressure principle assembly. B. Fire Systems: For fire protection systems consisting of only direct connections from the public potable water system and where there are no pumps, tanks or reservoirs, no physical connection from other water supplies, no antifreeze (except for food grade glycerin) or other additives of any kind, and where all sprinkler drains discharge to the atmosphere, dry wells or other safe outlets, a double-check valve assembly is required. 1. For fire protection systems not meeting all of the aforementioned requirements, the type of cross-connection control assembly required shall be determined based on the degree of hazard. 2. All fire sprinkler systems shall conform to the National Fire Protection Association Rules and Regulations and the City Fire Code Section 9-1. C. Heating and Cooling Systems: All heating and cooling systems, including boiler systems other than those used in single-family residences, that are connected to the public potable water system shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. 10 | P a g e 1. Boiler systems in single-family residences shall have, as a minimum; an ASSE approved dual check with atmospheric vent assembly installed on the water service connection. The consumer is advised that due to thermal expansion, some means of relieving internal pressure should be provided. 2. Ethylene glycol shall not be used in any heating/cooling system that is connected to the public potable water system. Heating/cooling systems utilizing ethylene glycol solutions in any concentration shall be separated from the public potable water system by an approved air gap separation. 3. FDA approved nontoxic propylene glycol is allowed for use in heating/cooling systems connected to the public potable water system. As a minimum; an ASSE approved dual check with atmospheric vent assembly installed on the water service connection. D. Hospitals, Medical Centers and Mortuaries: Any hospital, medical center, mortuary, or any facility that may contain contaminated or sewer-connected equipment, including autopsy and mortuary areas, shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. E. Hydraulic Processes: Any facility that conducts hydraulic tests or utilizes hydraulic processes where the public potable water system pressure is used directly and may be subjected to backpressure, or where pumps, pressure cylinders, or other hydraulic principles are used to provide pressure for testing or process activities, shall have an approved reduced pressure principal assembly specifically designed to prevent backflow at high pressures installed at the water service connection to the facility. F. Industrial Facilities: All industrial facilities that utilize toxic or hazardous substances shall have an approved air-gap separation or an approved reduced pressure principle assembly installed at the water service connection to the facility. G. Industrial Piping Systems: All industrial piping systems and lines supplied with potable water and containing cutting and hydraulic fluids, coolants, hydrocarbon products, caustic solutions, or other hazardous or toxic substances, shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. H. Irrigation and Lawn Sprinkling Systems: 1. Irrigation and lawn sprinkling systems that permit the mixing, pumping, dissolution, injection, or siphoning of any foreign substance into the water, or any such system which incorporates the use of any booster pump(s), or which is subject to backpressure, shall be separated from the public potable water system by an approved air-gap separation or an approved reduced pressure principle assembly. 2. In irrigation and lawn sprinkling systems that do not incorporate the use of an injection system or booster pump(s), a pressure vacuum breaker assembly may be used. Irrigation and lawn sprinkling systems having quick-coupling valves or other similar type heads that will permit pressure to be retained in the system shall have a pressure vacuum breaker assembly installed on the system. Irrigation and lawn sprinkling systems using the subsurface drip method shall also have a pressure 11 | P a g e vacuum breaker assembly installed on the system. 3. An atmospheric vacuum breaker assembly may be used when the irrigation or lawn sprinkling system does not incorporate an injection system or booster pump(s), and is not subjected to backpressure, continuous pressure or continuous flow. Atmospheric vacuum breakers shall only be installed on irrigation circuits with sprinkler heads that will not return any pressure to, or retain any pressure in the circuit when the circuit control valve is closed. 4. In any irrigation or lawn sprinkling system where the terrain makes the installation height of a pressure or atmospheric vacuum breaker assembly impractical, the public potable water system shall be protected by an approved reduced pressure principle assembly. A reduced pressure principle assembly may also be installed to serve multiple irrigation circuits in lieu of pressure vacuum breakers. I. Multiple Service Lines: All premises being served with two or more water service lines shall have installed on each such service line that backflow prevention assembly which is required for the service line having the highest degree of contamination hazard. J. Multi-Family Residences: All multi-family residences shall have an approved reduced pressure principle assembly installed at the common water service line connected to the building. K. Multi-Storied Buildings: All multi-storied buildings greater than 40 feet in height shall have an approved reduced pressure principle assembly installed at a point on the water service line to the facility that is approved by the Director. Where possible, the assembly shall be located within the building. L. Photo-Processing Equipment: All facilities that process photographic films shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. M. Plating Facilities, Vats, Vessels: All plating facilities which utilize cyanides, heavy metals, acidic and/or caustic solutions for treating metals as well as solution filtering equipment with pumps, circulating lines, vats, or other vessels used in plating, etching, anodizing, stripping, pickling or other processes shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. N. Recirculated Process Waters: Any facility, other than an approved potable water treatment plant, that recirculates, processes or treats potable water, shall have an approved reduced pressure principle assembly installed at the water service connection to the facility. O. Solar-Heating Systems: In any facility or premises where a liquid-based solar-heating system is installed, whether utilized for space or water heating, backflow protection of the public potable water system and exchange of heat shall be accomplished by way of an approved vented double-walled heat exchanger. An exception to this requirement may be granted by the Director for a single-walled heat exchanger if the exchanger is used in conjunction with an expansion tank and an approved reduced pressure principle assembly. 12 | P a g e 1. In the case of premises where a single fluid solar domestic hot water preheat system, which utilizes drain-down design for freeze protection, is being used, properly trapped and vented receptor with a visible air-gap separation of at least three times the diameter of said drain line with a fixed minimum air-gap separation of 1 inch above the flood level rim of the receptor. 2. In the case of premises where a solar-heating system utilizes an approved fan coil unit to exchange heat from the hot air to preheat water for domestic uses, no backflow prevention assembly will be required; however, if the fan coil unit utilizes drain-down freeze protection, said drain from the exchange coil shall conform to the same requirements of the aforementioned single fluid drain-down solar-heating systems. P. Steam-Generating Facilities: All steam-generating facilities and lines which may contain boiler compounds, including but not limited to pentachlorophenol, hydrazine, cyclohexylamine, or any other hazardous, toxic, or aesthetically objectionable substances, shall be separated from the public potable water system by an approved reduced pressure principle assembly. In addition, an approved method of preventing steam from entering the public potable water system shall be provided. Q. Stock Tanks: All stock tanks that are supplied with or in any way are connected to the public potable water system shall have an approved air-gap separation. The air-gap separation shall be located at the point where the public potable water line feeds into the stock tank and shall have no threaded fitting on the end of the line. R. Use of Fire Hydrants: No person shall connect to and/or transfer water from any fire hydrant to or into any container, tank, vessel, pipe, conduit, pond, lake, reservoir, stream or other body of water by use of a hose, tube, conduit, pipe or other means, unless the receiving unit is separated from the hydrant by an approved air-gap separation or an approved reduced pressure principle assembly. 3.3 Installation A. General Requirements 1. Backflow prevention assemblies shall be installed at the meter, at the property line of the premises when meters are not used, or at any other location designated by the Director. 2. Backflow prevention assemblies shall only be installed in conformance with these Rules and Regulations as herein provided and in conformance with the drawings attached hereto or in such other manner as approved by the Director. 3. The provisions for these Rules and Regulations shall apply to all existing consumer water systems as well as to all consumer water systems coming into existence after the adoption of these Rules and Regulations, except for consumer water systems legally in existence at the time of the adoption of these Rules and that are not in strict compliance with these Rules and Regulations shall be permitted to be used by consumers only if, in the option of the Director, such 13 | P a g e consumer water systems do not constitute a contamination hazard to the public potable water system. 4. All backflow prevention assemblies shall be installed in an accessible location and with adequate clearances in accordance with accepted design standards to facilitate maintenance, testing and repair. All reduced pressure principle and double-check valve assemblies installed in a confined area should maintain minimum clearance as follows: a. Minimum 12 inches and maximum 60 inches above finish floor or final grade. b. Minimum 12 inches from the adjacent or back wall. c. Minimum 24 inches from the opposing or facing wall. d. Minimum 24 inches above the assembly. e. Adequate clearance shall be provided at each end for operation of valves and/or repair of the assembly. 5. All backflow prevention assemblies shall be installed in a horizontal position unless specific approval has been obtained from the Director for installation in a vertical orientation. 6. In no case is it permissible to have connections or tees installed on the water service line between the meter and the backflow prevention assembly except that irrigation system supply lines may be connected to the potable water service line between the water meter and the backflow prevention assembly provided the following conditions are met: a. The irrigation system supply line shall be equipped with a tightly closing resilient seated isolation valve installed directly downstream of the connection to the potable water service line. This line must also have an approved backflow preventer installed per these Rules and Regulations. b. Any irrigation system utilizing compressed air to purge the system for winterization shall not have any air injection port larger than ¼ inch in diameter installed upstream of the backflow prevention assembly. Any size can be located downstream of the assembly. The air injection port shall not have a usable hose connection. 7. All systems protected with a backflow prevention assembly shall meet all requirements for pressure relief valves set forth in the most recent edition of the International Plumbing Code (IPC) adopted by reference into the Code of the City of Fort Collins, Section 9-1. 8. Isolation valves furnished as part of the backflow prevention assembly shall not be used as the inlet or outlet valve of the meter. Test cocks shall not be used as supply connections. 14 | P a g e 9. Approved backflow prevention assemblies shall be installed without any bypass, unless the bypass line is also protected by an approved backflow prevention assembly providing an equivalent degree of protection. 10. Backflow prevention assemblies shall not be located in any enclosure or hooded area containing corrosive, toxic or poisonous fumes. 11. Buried stop and waste valves upstream of backflow prevention assemblies shall not be permitted in any system. Stop and waste valves installed upstream of backflow prevention assemblies are permitted above grade in basements, crawl spaces or in the yard, provided they do not have a usable hose connection. B. Specific Requirements 1. An approved air-gap separation shall be installed downstream of the water service connection and in such a manner so that no hose, piping arrangement or other fixture may be attached to defeat the air-gap separation. a. Approved air-gap separations must have a properly sized and located drain to adequately drain the maximum discharge from the public potable water system service line. b. Approved air-gap separations that are protecting the public potable water system shall be considered a backflow prevention assembly and shall be subject to the same testing and inspection required by these Rules and Regulations for all other backflow prevention assemblies. 2. An approved reduced pressure principle assembly shall not be installed in any below-grade pit or vault unless there is a drain sized twice the nominal pipe diameter of the assembly and which drain discharges to daylight. a. Basement installations, although a form of pit, are allowed providing the following conditions are met: i. A drain large enough to allow the maximum flow of water the assembly is capable of discharging under twice the normal static water pressure, AND ii. Installation of a high water alarm system. Electrical systems and/or components shall not be installed in the same general area. b. Shall be installed in such a manner that the relief valve opening shall never have a water level under the assembly come within a vertical distance of 12 inches of the relief valve discharge port. The relief valve discharge port shall be down. c. The relief valve discharge port on a reduced pressure principle assembly shall not be connected to any sump or sanitary sewer. d. Only factory supplied funnels shall be used to remove the periodic discharge 15 | P a g e from the assembly and the piping system must have an approved air-gap at the termination of the run. 3. An approved double check valve assembly may be installed in below-grade pits or vaults provided these pits or vaults are properly constructed in accordance with accepted design standards and insulated and/or heated to prevent freezing. 4. An approved pressure vacuum breaker shall be installed as follows: a. It shall be installed with the critical level (C/L) of the assembly a minimum of 12 inches above the highest point of downstream usage. b. It shall be installed in an upright position and in locations where the assembly may be subjected to continuous pressure but in no event shall the assembly be subjected to backpressure or become submerged. 5. An approved atmospheric vacuum breaker shall be installed as follows: a. It shall be installed with the critical level (C/L) of the assembly a minimum of 6 inches above the flood-level rim of the vessel being protected or the highest point of use. b. It shall not be used in installations where the assembly would be submerged or subjected to continuous static line pressure or backpressure or be installed where it would be under pressure for more than 12 hours in any 24-hour period. 3.4 Maintenance A. Backflow prevention assemblies shall be repaired, overhauled or replaced by the consumer at the consumer’s expense whenever the assemblies are found to be defective. B. Any existing backflow prevention assembly installed on a consumer’s premises that is not approved by an approved testing laboratory shall be tested every 120 days, and upon failure of any valve within the assembly, the backflow assembly shall be replaced within a period of 10 days with an approved backflow prevention assembly as required by these Rules and Regulations. C. Only those replacement and/or repair parts produced or specifically recommended by the manufacturer of the backflow prevention assembly shall be used in the repair of the assembly. Any other repair parts utilized shall be considered a modification of the factory design, and the assembly shall be considered unapproved. 16 | P a g e 3.5 Testing, Inspection and Acceptance A. Except as provided in paragraph B. below, it shall be the duty of the consumer at any premises where backflow prevention assemblies are required by these Rules and Regulations to be installed, to have such assemblies tested and inspected annually by a certified technician to assure the assembly is functioning properly. Nontestable assemblies that are approved under these Rules and Regulations for use in single- family residences are exempt from this testing and inspection requirement. 1. Backflow prevention assemblies shall not be considered as accepted under these Rules and Regulations until a certified inspection and test is made on the installed assembly and the assembly has passed such inspection and testing. 2. The inspections and tests shall be at the expense of the consumer and shall be performed by a certified technician. B. Testable backflow assemblies installed for the lawn sprinkler systems of single-family residences, where there is no injection or mixing of fertilizer or any foreign substance shall be exempt from the annual testing requirements. However, these assemblies shall be tested upon installation, repair, replacement or at least every three years. If the hazard is deemed great enough, the Director may require a more frequent testing schedule. C. Certified tests and inspections of backflow prevention assemblies shall occur at least annually. In those instances where the hazard is deemed to be great enough, the Director may require that certified inspections and operational tests be performed at more frequent intervals. D. Records of all tests, inspections, repairs and overhauls of backflow prevention assemblies shall be kept by the consumer and by the certified technician for a period of three years after such tests, inspections, repairs and overhauls. The certified technician shall file with the Utility a copy of the records of all such tests, inspections, repairs, and overhauls, within 10 days of completing such tests, inspections, repairs and overhauls. In addition, the consumer shall provide the Utility with copies of such records if requested by the Director. E. All testing gauges used by Certified Technicians shall be checked for accuracy at least yearly, and proof of compliance shall be submitted to the Utility upon request. 17 | P a g e Part 4 – Compliance and Appeal Procedures 4.1 Failure to Comply A. If any consumer of the Utility fails to comply with any provision of these Cross-Connection Control Rules and Regulations, the Utility may discontinue water service to the consumer until the consumer is in compliance with these Rules and Regulations. Violation of these Rules and Regulations is a misdemeanor offense punishable upon conviction as provided in Section 1-15 of the Code of the City of Fort Collins. 4.2 Procedure for Appeal A. Any consumer affected by and dissatisfied with any decision, action or determination made or taken by the Director or the Utility in interpreting, enforcing or implementing the provisions of these Cross-Connection Control Rules and Regulations, shall be entitled to file an appeal pursuant to City Code Section 26-53. 18 | P a g e Part 5 – Assembly Applications 5.1 Application Tables A. The following tables indicate which type of backflow prevention assembly should be used for a particular application. Obviously, every possible application is not addressed in this document, however, sufficient information is provided to allow the reader to make an informed decision in most situations as to the appropriate assembly to be used based on the degree of hazard. Questions regarding a specific assembly application should be referred to the Director. Types of Backflow Prevention INDIRECT Backsiphonage only DIRECT Backsiphonage & Backpressure Continuous Use Non-Continuous Use RP Air Gap PVB/SVB AVB PR AVB/SVB Air Gap RP Air Gap 19 | P a g e 5.2 Recommended Assemblies Appropriate Assembly or Method for an Identified Contaminant Assembly or Method Type Abbreviation Typical Appropriate Uses Testable Assemblies Reduced Pressure Zone Backflow Prevention Assembly RPZ For any identified contaminant except direct connections to sewer or installations which may impair the integrity of the assembly Reduced Pressure Zone Fire Protection Backflow Prevention Assembly RPF For cross-connections to fire suppression systems Double Check Backflow Protection Assembly DC For cross-connections to fire suppression systems except when upstream of a chemical other than food grade glycerin Double Check Fire Protection Backflow Assembly DCF Pressure Vacuum Breaker Backflow Prevention Assembly PVB For any identified contaminant except direct connections to sewer or installations which may impair the integrity of the assembly to function as designed; not appropriate for connections subject to backpressure Spill – Resistant Vacuum Breaker SVB Methods Air Gap AG For any identified contaminant. All cross- connections can be controlled using an air gap installed in accordance with standard AMSE A112.1.2. Regulations Colorado Plumbing Code CPC Applicable to Backflow Prevention Assemblies or Methods installed in accordance with the most recent 20 | P a g e Part 6 – Standard Drawings Water Tanker Trucks Approved Filling Methods 21 | P a g e Reduced Pressure Principle Assembly: Indoor and Outdoor Installations 22 | P a g e Irrigation Systems and Requirements 23 | P a g e Double Check Valve Assemblies: Indoor and Outdoor Installation 24 | P a g e Vacuum Breakers and Pressure Vacuum Breaker/Spill Resistant 25 | P a g e Irrigation Systems Where There Is No Injection and Pressure Vacuum Breaker/Spill Resistant 26 | P a g e Continuous Service Installation Requirements 27 | P a g e Sprinkler Service 11/29/2017 For More Information Fort Collins Utilities Water Engineering and Field Services P.O. Box 580 Fort Collins, CO 80525 cross-connection@fcgov.com fcgov.com/cross-connection 970-221-6221 V/TDD 711 Aids and services are available for persons with disabilities. Esta información puede ser traducida, sin costo para usted. -1- ORDINANCE NO. 161, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD DEFINITIONS FOR DATA MANAGED BY UTILITY SERVICES WHEREAS, the Colorado Open Records Act, codified at Colorado Revised Statutes Sections 24-72-101 et. seq., establishes standards to protect public utility user information from parties other than parties in interest, and creates exceptions for utilities to provide such information in a form that prevents identification of users and as required to support criminal investigations; and WHEREAS, on December 20, 2005, the City Council adopted Ordinance No. 155, 2005 amending Chapter 26 of the City Code by adding Section 26-26 to define the scope of confidentiality afforded utility customer records under the Colorado Open Records Act and to clarify that the use of those records for City Code enforcement is appropriate and consistent with the intended protection of that information from general public access; and WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services and sets forth definitions of terms used to describe and applicable to conditions for receipt of utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification and to ensure the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changes in the law regarding the delivery of public utility services; and WHEREAS, Fort Collins Utility Customer Connections staff has identified definitions to be added to Chapter 26 of the City Code to clarify how user data is managed and to better inform customers and align with current utility practices; and WHEREAS, in light of the foregoing, the City Council has determined the amendment of Chapter 26 of the City Code is necessary and will be beneficial for the ratepayers of the City's utilities and for the efficient administration of Utility and Code enforcement functions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-1 of the City Code is hereby amended by addition of two new definitions to read as follows: Sec. 26-1. - Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section: -2- Aggregated data shall mean reports of utility user data at a meter-level for single family accounts or building-level for multi-family and commercial accounts, alone or combined with other anonymized data resulting from statistical processing, including average consumption and consumption per square foot. In compiling such information (i) the time interval for data reported shall be no less than monthly; and (ii) each report shall reflect information from no fewer than four utility accounts. Anonymized data shall mean utility user data from which account information has been removed so no individual user’s name, contact information, financial data, or habits can be determined from the aggregated results. ... Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 162, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REFERENCE THE FINANCIAL OFFICER’S RULES AND REGULATIONS FOR INTEREST RATES FOR THE ON-BILL FINANCING PROGRAM WHEREAS, under Ordinance No. 033, 2012, the City established a Home Efficiency Loan Program, also known as On-Bill Utility Financing (OBF), which enabled Fort Collins Utilities to offer financing and on-bill servicing of customer loans for energy efficiency, water efficiency and renewable energy upgrade projects; and WHEREAS, between 2013 through 2016, OBF provided low-cost financing for energy efficiency, solar photovoltaic, and water conservation improvements, in support of Utilities’ efficiency and conservation efforts, and policy goals from Plan Fort Collins, the Climate Action Plan, Energy Policy and Water Conservation Plan; and WHEREAS, on February 17, 2015, City Council adopted Ordinance No. 012, 2015, which expanded eligibility for OBF program participation to Utilities’ business customers, set the term for new loans at 20 years, and set a range of loan interest rates to be applied pursuant to procedures and standards adopted by the Financial Officer under Section 26-720 of the City Code; and WHEREAS, in 2016, the City transitioned the funding methodology for OBF to a third- party commercial model relying on an outside financing partner; and WHEREAS, the rate of OBF residential customer energy efficiency building upgrades under the third-party commercial loan model has lagged below levels required to achieve City energy and climate policy goals; and WHEREAS, in February 2018, the City was selected as a Champion City as part of the 2018 Bloomberg Philanthropies U.S. Mayors' Challenge competition; and WHEREAS, in conjunction with selection as a Champion City, Bloomberg Philanthropies awarded the City a $100,000 grant to develop a program to improve energy efficiency of low- to moderate-income rental households, which grant amount City Council appropriated under Ordinance No. 082, 2018; and WHEREAS, the Colorado Energy Office also awarded to the City a grant of $200,000 to provide capital for a loan program to improve energy efficiency and renewable energy for Fort Collins households; and WHEREAS, Chapter 26 of the City Code governs the provision of utility services and sets forth definitions of terms used to describe and applicable to conditions for receipt of utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification and to ensure the Code remains a dynamic document capable of -2- responding to issues identified by staff, customers, and citizens and changes in the law regarding the delivery of public utility services; and WHEREAS, Utility Customer Connections staff has identified portions of Chapter 26 of the City Code regarding setting OBF loan interest rates within the range approved by City Council which can be more efficiently executed by allowing adjustments to be set by the Financial Officer pursuant to Section 26-720 of the Code; and WHEREAS, the Financial Officer has established rules and regulations for the administration of OBF with respect to the billing and collection of utility fees and charges, credit and lending standards, and rates and administrative practices pursuant to Section 26-720; of the Code; and WHEREAS, the City Council has determined it is desirable to maintain an appropriate and predictable range of interest rates for OBF loans, while providing flexibility within rate ranges approved by Council for administration of specific loans based on administrative procedures and standards adopted by the Financial Officer, pursuant to Section 26-720 of the Code; and WHEREAS, the City Council has determined, in exercising his or her authority to adopt administrative procedures and standards for OBF loans, the Financial Officer shall adjust OBF loan rates within the range set by Ordinance No. 012, 2015 and based on evaluation of the program’s blended cost of capital and conditions (e.g., grants and any third-party capital); administrative costs of loan implementation; the term of loan products; past realized program participation savings results; the local market’s commercial and residential lending rates; and to otherwise avoid using ratepayer funds to subsidize OBF loan interest rates; and WHEREAS, the City Council has further determined, in exercising his or her authority to adjust OBF loan rates, the Financial Officer shall present updated loan rates to the Council Finance Committee, or another committee designed by City Council, prior to such loan rates going into effect; and WHEREAS, the City Council has also determined it is desirable to enhance incentives and financing options for new OBF loans by applying grants from the Bloomberg Foundation and Colorado Energy Office and providing flexibility in the administration of OBF loans, which will benefit utility ratepayers by expanding access for efficiency upgrades at customer premises and furthering the conservation benefits available to ratepayers through the OBF program, as required by Article XII, Section 6 of the City Charter; and WHEREAS, in light of the foregoing, the City Council has determined the proposed amendments to Chapter 26 of the City Code are necessary and will be beneficial for the ratepayers of the City's utilities and for the efficient administration of the OBF program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and -3- findings contained in the recitals set forth above. Section 2. That Section 26-129(f) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-129. - Schedule D, miscellaneous fees and charges. The following fees and service charges shall be paid by water users, whether inside or outside the City limits: ... (f) The interest rate for water service-related loans shall be no less than two and five tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26-720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer pursuant to Section §26-720. ... Section 3. That Section 26-289 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-289. - Miscellaneous fees and charges. The following is a schedule of miscellaneous fees and charges: Description Basis Amount ... (6) Interest for wastewater service- related loans: 2.5% - 10% per annum; to be set for new loans annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26- 720(b) and as provided reflected in the administrative rules and regulations -4- adopted by the Financial Officer pursuant to § 26-720. ... Section 4. That Section 26-464(q) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-464. - Residential energy service, schedule R. ... (q) Loans. Services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to Section §26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26-720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to Section §26-720. ... Section 5. That Section 26-465(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-465. - Residential demand service, schedule RD. ... (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to Section §26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26-720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for -5- electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to Section §26-720. Section 6. That Section 26-466(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-466. - General service, schedule GS. ... (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to Section §26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26-720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to Section §26-720. Section 7. That Section 26-467(s) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-467. - General service 25, schedule GS25. ... (s) Loans. Special services in the form of loans for electric service-related improvements, conservation measures or efficiency enhancements shall be documented on forms determined by the Utilities Executive Director and the Financial Officer. Any such loans shall be made consistent with the applicable program requirements, credit and risk standards and interest rate provisions as set forth in this Article and in the administrative rules and regulations adopted by the Financial Officer pursuant to Section §26-720. The interest rate for such loans shall be no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent, per annum, with the interest rate for new loans to be set annually, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26-720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer. Obligations for repayment of any such loans are subject to the provisions of Article XII of this Chapter. Loan-related fees for electric service-related loans shall be set annually based on related program costs, in the administrative rules and regulations of the Financial Officer pursuant to Section §26-720. Section 8. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended to read as follows: -6- Sec. 26-712. - Utility bill and account charges authorized; procedures. ... (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount ... Interest rate for utility service- related loans: 2.5% - 10% per annum; to be set annually for new loans, with the rate for new loans issued on or after June 1, 2016 being four percent (4.0%), per annum, to be based on factors set forth in §26- 720(b) and as provided reflected in the administrative rules and regulations adopted by the Financial Officer pursuant to § 26-720 ... ... Section 9. That Section 26-720 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-720. - Administrative rules and regulations. (a) The Financial Officer shall formulate and promulgate rules and regulations for the administration of this Article, not inconsistent with the provisions of this Article with respect to the billing and collection of utility fees and charges, credit and lending standards and rates and administrative practices for utility loan programs, which shall include, but not be limited to, efficiency-related conditions on loans for renewable energy development; extension of utility loans of up to twenty (20) years in total term length, at the option of the borrower, not to exceed the useful life of the funded improvements; and other matters relating to the administration of customer accounts. Said rules and regulations may regulate without limitation, the forms and procedures for giving notice to customers; policies for adjusting billed amounts as necessary to correct errors or for administrative efficiency or to achieve equity; procedures for appeals; and procedures for the documentation of liens. Any rules or regulations promulgated by the Financial Officer hereunder shall be effective upon the Financial Officer's filing of the same with the City Clerk. -7- (b) The Financial Officer shall periodically adjust the interest rate for utility service-related loans at no less than two and five-tenths (2.5) percent and no more than ten (10.0) percent per annum, based on evaluation of the loan program’s blended cost of capital and conditions due to grants and third-party capital; administrative costs of loan implementation; the term of loan products available to utility customers; past realized program participation savings results; regional commercial and residential lending rates; and so as to otherwise avoid subsidizing loan interest rates with utility service revenues. The Financial Officer shall present loan interest rates to a City Council committee prior to such rates going into effect. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 163, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY UTILITY ACCOUNTS, BILLING AND COLLECTION PRACTICES REGARDING NET METERING WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services, and sets forth definitions and terms for applying fees and bill-credits for delivery of specified utility services; and WHEREAS, such provisions require periodic updating and modification for purposes of clarification and to ensure that the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changing technology for and manner of delivering utility services; and WHEREAS, Fort Collins Utilities staff has identified provisions of Chapter 26 of the Code where clarification of the service fee and bill-credit practices for customer solar generation projects are required to better inform customers and align with current utility practices; and WHEREAS, on December 6, 2011, City Council adopted Ordinance No. 166, 2011, enacting a rate structure designed to encourage energy conservation measures toward meeting City Energy Policy and Climate Action Plan goals; and WHEREAS, the adopted rate structure changed to a seasonal tiered rate structure that resulted in a higher rate per kilowatt hour in the summer months, and created a corresponding seasonal adjustment in the net-metering credit calculations in Chapter 26 of the Code; and WHEREAS, on November 6, 2012, City Council adopted Ordinance No. 114, 2012, which funded a specific solar incentive program and effectively created a replacement rate methodology to that previously described in “parallel generation” subsections of Sections 26-464 through 26-469 of the Code (“Rate Sections); and WHEREAS, in subsequent annual rate updates, City Council adopted adjustments to “net metering”, “net metering-community solar projects”, and “renewable resources” portions of the Rate Sections, rendering obsolete “parallel generation” terms in those sections; and WHEREAS, Utilities staff has determined the “parallel generation” subsections in the Rate Sections have been effectively replaced by more specific subsections of the Rate Sections and removal of the “parallel generation” will clarify interpretation and application of the rates and bill-credits associated with net metering, community solar projects, and renewable resources; and -2- WHEREAS, the City Council has determined it is desirable to maintain appropriate utility service billing practices and the recommended clarification of such practices in the City Code, as set forth herein, is in furtherance of the benefits available to utility ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-464(k) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (k) shall be reserved for future use. (k) Parallel generation. Operation or connection of any electric generator in parallel with the utility system is not permitted under this schedule unless authorized by the Utilities Executive Director. See appropriate alternate schedules for this service. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (p) below. Section 3. That Section 26-465(k) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (k) shall be reserved for future use. (k) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the Utility Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System and with the provisions of the Electric Service Standards. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. Section 4. That Section 26-466(l) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (l) shall be reserved for future use. (l) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the Electric Service -3- Standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (q) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. Section 5. That Section 26-467(m) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (m) shall be reserved for future use. (m) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the Electric Service Standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (r) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. Section 6. That Section 26-468(p) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (p) shall be reserved for future use. (p) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the Electric Service Standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority’s Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (u) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. Section 7. That Section 26-469(q) of the Code of the City of Fort Collins is hereby deleted in its entirety and subsection (q) shall be reserved for future use. -4- (q) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the Electric Service Standards and the Utilities Services Interconnection Standards for Generating Facilities Connected to Fort Collins Distribution System. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority’s Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer’s service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 164, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO CLARIFY ACCESS AND METERING CONDITIONS OF UTILITY SERVICES RELATED TO TRANSITION FROM MANUALLY-READ METERS TO ADVANCED METERING INFRASTRUCTURE (AMI) METERS WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services; and WHEREAS, Chapter 26, Articles I, III-VI, and XII, of the City Code set forth conditions for receipt of utility services, including metering and Utility personnel access requirements, as well as definitions and terms for assessing and collecting fees and charges due for delivery of specified utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification, correction of errors and to ensure that the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changing technology for and manner of delivering utility services; and WHEREAS, Fort Collins Utility Customer Connections staff has identified provisions of Chapter 26 of the City Code where clarification of service conditions, remedies for interference with Utility personnel in their performance of official duties, and manually-read metering service fees are required to better inform customers and align with current utility practices; and WHEREAS, on November 8, 2018, the Energy Board reviewed and voted unanimously to recommend approval of proposed revisions to Chapter 26 of the City Code to clarify utility service conditions, remedies for interference with Utility personnel in their performance of official duties, and manually-read metering service fees; and WHEREAS, the City Council has determined it is desirable to maintain appropriate utility service billing, collection practices, and the recommended clarification of such practices in the City Code, as set forth herein, is in furtherance of the benefits available to utility ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-2 of the Code of the City of Fort Collins is hereby amended by addition of a new subsection (c) to read as follows: -2- Sec. 26-2. - Utility users agree to the rules; penalty for breach; manually-read meter retirement. ... (c) Any user whose consumption is monitored by a manually read meter will be permanently transitioned to a standard wirelessly communicating (AMI) meter, capable of being read remotely, and may be required to pay a meter exchange fee, pursuant to § 26-712(b) and as otherwise set forth in administrative policies adopted by the Utilities Executive Director upon the occurrence of any of the following events: (1) Termination of service for non-payment; or (2) Inability of utility personnel to read or collect meter information after reasonable notice to the user, whether such inability results from (i) the structures on or configuration of the customer’s premises; (ii) location of meters; (iii) user’s obstruction of, interference with, or failure to respond to requests from utility personnel for access to meters; or (iv) any other cause not within the utilities’ control. Section 3. That Section 26-98(c) of the Code of the City of Fort Collins is hereby amended by addition of a new subsection (5) to read as follows: Sec. 26-98. - Water meter requirements and installation. ... (c) Water meter installations shall meet the requirements of the utilities standard construction specifications adopted by the Utilities Executive Director. Additionally: ... (5) All new construction will be metered with a standard wirelessly communicating (AMI) meter, capable of being read remotely. ... Section 4. That Section 26-219 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-219. - Inspections; right of access. (a) The Utilities Executive Director may inspect the equipment and facilities of any user at any reasonable time to ascertain compliance with applicable ordinances, rules and regulations. Persons or occupants of premises where wastewater is created or discharged shall allow utility personnel ready access to the premises for the purposes of inspection, sampling, records examination and copying, and performance of any of their duties. The utility shall have the right to set up on the user's property such devices as are necessary to conduct sampling, inspection, compliance-monitoring and/or metering operations, including water communications modules -3- and water meter touchpads. Where a user has security measures in force which would require proper identification and clearance before entry into its premises, the user shall make the necessary arrangements with the security guards so that, upon presentation of suitable identification, utility personnel will be permitted to enter without delay for the purposes of performing their specific responsibilities. While performing the necessary work on private property, utility personnel shall observe all security and safety rules applicable to the premises as established by the user. (b) If a duly authorized representative of the utility is refused admission to a user's premises or any City owned facilities thereon, including communications modules and water meter touchpads, the Utilities Executive Director may discontinue water or wastewater service to the premises until utility representatives have been afforded reasonable access to the premises and private sewer system to accomplish the inspection or sampling. Section 5. That Section 26-396(a) and (b) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-396. - Use of meters required; damage to system prohibited, accuracy of meters. (a) No person shall take electrical energy from the distributing system except through a meter or other measuring device owned and installed by the City without the consent of the electric utility to take such electrical energy. It shall also be unlawful to tamper with, molest or damage in any manner any part of the electrical system. All new construction shall be metered with a standard wirelessly communicating (AMI) meter, capable of being read remotely. (b) It shall be unlawful for the customer or any unauthorized person to tamper with, molest or damage directly or indirectly in any manner any part of the electrical system, or any City owned facilities, including meters. shall not be tampered or interfered with directly or indirectly by the customer or any other unauthorized persons. The customer shall be liable for any damage or loss to the property of the utilities or other persons and injury to utilities employees or other persons resulting from such unauthorized tampering or interference. ... Section 6. That a new Section 26-399 of the Code of the City of Fort Collins is hereby adopted to read as follows: Sec. 26-399. - Inspections; right of access. (a) The Utilities Executive Director may inspect the equipment and facilities of any user at any reasonable time to ascertain compliance with applicable ordinances, rules and regulations. Persons or occupants of premises receiving electric service shall allow utility personnel ready access to the premises for the purposes of inspection, records examination and copying, and performance of any of their duties. The utility shall have the right to set up on the user's property such devices as are necessary to conduct inspection, compliance-monitoring and/or metering operations. Where a user has security measures in force which would require proper identification and clearance before entry into a served premises, the user shall make the security necessary arrangements so that, -4- upon presentation of suitable identification, utility personnel will be permitted to enter without delay for the purposes of performing specific responsibilities. While performing necessary work on private property, utility personnel shall observe all security and safety rules applicable to the premises as established by the user. (b) If a duly authorized representative of the utility is refused admission to a user's premises, or any City owned facilities thereon, including communications modules and meter touchpads, the Utilities Executive Director may discontinue electric service to the premises until utility representatives have been afforded reasonable access to the premises and the building electrical system to accomplish inspection and/or monitoring. Section 7. That Section 26-712(b) of the Code of the City of Fort Collins is hereby amended by the addition of a new fee description to read as follows: Sec. 26-712. - Utility bill and account charges authorized; procedures. ... (b) The following account and miscellaneous fees and charges shall apply to all City utility customers receiving service pursuant to the terms of Chapter 26, whether within or outside of the corporate limits of the City, except as otherwise expressly stated: Fees and Charges Amount Service connection fee for account with one or more metered services (including nonmetered services for the same account) $ 19.65 Customer-initiated rate change (after 90 days of new service) 19.65 Service connection fee for account with only nonmetered services (stormwater, wastewater, wind, flat commercial electric, sprinkler clocks, cable towers and floodlights) 10.00 Service fee to reinstate an $ 10.00 -5- account to the owner/ property manager between tenants Manually read meter exchange fee to replace a remotely-read meter with a manually read meter, based on direct cost plus fifteen (15) percent indirect costs $ 38.00 . . . . . . Other miscellaneous charges will be based on direct cost plus fifteen (15) percent indirect costs. ... Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 165, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTIONS 26-120 AND 26-283 OF THE CODE OF THE CITY OF FORT COLLINS TO AUTHORIZE THE UTILITIES EXECUTIVE DIRECTOR TO WAIVE WATER PLANT INVESTMENT FEES AND SEWERPLANTINVESTMENT FEES IN LIMITED CIRCUMSTANCES WHEREAS, Chapter 26 of the City Code prohibits changes to property served by the City water and wastewater utilities that would significantly affect the nature or quantity of use, including but not limited to a change of use from residential to nonresidential without approval and payment of water plant investment fees (WPIFs) (Section 26-120(c)) or sewer plant investment fees (SPIFs) (Section 26-283(c)); and WHEREAS, Chapter 26 of the City Code does not include provisions that expressly permit the Utilities Executive Director to waive WPIFs or SPIFs in circumstances where a change of use from residential to nonresidential has occurred in the past and no WPIF of SPIF appears to have been charged by the respective utility based on a review of water service permits, sewer connection permits and/or building permits; and WHEREAS, Chapter 26 of the City Code does include provisions that expressly permit the Utilities Executive Director to waive WPIFs and SPIFs in other limited circumstances and contains provisions that might arguably be read to include authority to waive WPIFs and SPIFs but lack clarity; and WHEREAS, staff recommends that the Utilities Executive Director’s authority to grant a waiver be extended to circumstances where a WPIF and/or SPIF has not been charged in connection with a previously known change in use that occurred more than two (2) years before a customer requests a waiver and the failure to charge a WPIF and/or SPIF is likely the result of error or omission on the part of the utility for which the applicant is not culpable; and WHEREAS, the proposed extension of the Utilities Executive Director’s authority to issue such waiver is structured to apply in limited circumstances where the equities warrant the exercise of discretion to waive a WPIF and/or SPIF that may have been due in connection with a past event where such a waiver will not adversely affect the capacity of the utility to serve its customers and other stated requirements are met; and WHEREAS, providing authority for such a limited waiver of WPIF and/or SPIF is in the best interests of the City and benefits utility ratepayers by creating a mechanism to deal fairly with past unpaid amount, the collection or litigation of which may otherwise create additional costs to the utilities. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-120 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-120. - Water plant investment fees. (a) Any applicant desiring to connect to the water utility shall pay the utility a water plant investment fee (WPIF) pursuant to the schedule of fees prescribed by § 26-128 in addition to any other connection fees prescribed herein. Except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution or except as provided in Subsection (f) of this Section, this fee shall be paid in full at the time the water service connection permit is issued. If there is an increase in plant investment fee rates between the time of application for a water service permit and the actual payment of fees, the fee rates in effect at the time of payment shall apply. (b) The WPIF shall be based on and used for growth-related capital expansion costs of water supply, storage, transmission, treatment, distribution and administrative facilities that are reasonably related to the overall cost of and required in providing water services to serve new development. The fee shall vary with the number of dwelling units and the lot area served for residential users and with the size of the water meter for nonresidential users. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially. (c) No user of City water shall make any changes or additions to the property served that would significantly affect the nature or quantity of the use of water without first obtaining a new water service permit from the utility and paying the WPIF based on the new use. Such changes include without limitation the resumption of service by replacement of an abandoned service line, an increase in the size of the water meter, an increase in the number of dwelling units or the lot area to be served and a change from residential to nonresidential use. (d) In the case where an existing service is being changed or replaced, the utility will credit the user an amount equal to the WPIF that would have been charged for the service before the change or addition, but if the credit so determined is less than the amount previously paid for a WPIF, the amount actually paid shall be allowed as the credit. No cash refund shall be paid to any water user whose allowable credit exceeds the new WPIF nor to any water user who obtains permission to decrease demand for service. If the existing service tap is less than three-fourths (¾) inch in diameter, the customer is credited for a three-fourths-inch tap or meter. The credits prescribed by this Subsection are not transferable. They shall apply only to the property served by the existing water service line and only to WPIF's owed to the utility and not to other utility fees or charges. -3- (e) Notwithstanding the provisions of Subsections (a) and (c) of this Section the Utilities Executive Director may waive payment of the WPIF if the Utilities Executive Director determines that the requested connection will not adversely affect the capacity of the water utility to treat and deliver water for its users, and that if at least one of the following sets of requirements applies. Under either set of requirements set forth in Subsections (1) and (2) below, the Utilities Executive Director shall have the authority to discontinue the temporary water service if the capacity of the water utility to treat and deliver water to its users is adversely affected. (1) The applicant is a customer of the water utility and shall only use the water connection as a source of irrigation water for the establishment of new native vegetation. For the purposes of this requirement, native vegetation shall be as defined in the City's Land Use Code or, if native vegetation is no longer defined in the City's Land Use Code, the Utilities Executive Director shall determine whether the vegetation to be irrigated is native vegetation for the purposes of this Subsection (e) following consultation with relevant City departments. The approved period of such connection shall not exceed a period of three (3) consecutive irrigation seasons. The applicant shall physically separate and abandon the water connection from the City's water distribution system at the end of the approved period of such connection and shall, before any such connection is made, escrow funds with the Utility to complete such disconnection and abandonment, with the amount of the funds to be determined by the Utilities Executive Director based on the estimated direct costs to complete such disconnection and abandonment plus fifteen (15) percent for indirect costs. (2) The applicant is a City service area, department or division, or the Poudre Fire Authority, no new physical connection to the City's water system is required, water use under this Subsection (e) would not occur during the period of May 1 through September 30, and the Utilities Executive Director determines that the applicant's water use under this Subsection (e) during such time period is necessary because the applicant's regular water supply has become unavailable during that period and the unavailability of the applicant's regular water supply will result in measurable economic damage to the applicant. (3) The applicant is a customer of the water utility who, after notifying the water utility of a proposed change in use from residential to nonresidential use, was not charged a WPIF by the utility for said change; provided, however, that: a. The customer first requests a waiver of the uncharged WPIF, in writing, more than two (2) years after the change in use was noted on a new water service permit or building permit: and b. The Utilities Executive Director, in writing, finds that and sets forth the reasons why the failure to charge the WPIF by the utility is likely the result of error or omission on the part of the utility for which the customer is not culpable; and -4- c. No waiver shall be authorized in connection with a change in use associated with any other alteration of the service, including the resumption of service by replacement of an abandoned service line, an increase in the size of the water meter, or an increase in the number of dwelling units or the lot area to be served. (f) In circumstances where a user has underpaid a WPIF as a result of a miscalculation of the user's WPIF, and the utility requires the user to pay the utility all or any portion of the difference between the corrected and miscalculated amounts of the WPIF, the Utilities Executive Director may allow the user to pay such amount over time under such reasonable terms and conditions as are approved by the Utilities Executive Director. (g) No person shall knowingly provide the water utility with false, inaccurate or fraudulent information to be relied upon by the utility in calculating a user's WPIF. Section 3. That Section 26-283 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-283. - Sewer plant investment fees (SPIF); basis. (a) An applicant desiring to connect to the wastewater utility shall pay the utility a sewer plant investment fee (SPIF) as prescribed in § 26-284 of this Article in addition to any other connection fee or charge imposed by this Article. Except to the extent that the deferral of all or any portion of such payment has been approved by the City Council by resolution or except as provided in either Subsection (e) or Subsection (g) of this Section, this fee shall be paid in full at the time the sewer connection permit is issued. In the case of an increase in SPIF rates between the time of application for the permit and the applicant's actual payment of sewer connection charges, the rates in effect on the date of payment shall apply. (b) The SPIF shall be based on and used for growth-related capital expansion costs of wastewater collection, transmission, treatment and administrative facilities that are reasonably related to the overall cost of and required in providing wastewater services to serve new development. The fee shall vary with the number of dwelling units for residential users. For nonresidential users, the fee shall be based on: (1) quantity of discharge that may be determined by size of water meter or other means of accurately measuring or calculating flow quantity as approved by the Utilities Executive Director; and (2) the level of wastewater concentration of organic and solid materials. The parameters and rates shall be reviewed by the City Manager annually and fees shall be presented to the City Council for approval no less frequently than biennially. (c) No wastewater utility user shall make any changes or additions to the property served or operations at the property that would significantly affect the nature or quantity of the wastewater discharged and/or cause a change in the category of use without first obtaining the approval of the Utilities Executive Director and paying a SPIF based on the altered service. Such changes include without limitation the replacement of an abandoned service line, an increase in the water -5- or sewer tap size, an increase in the number of dwelling units, a change from residential use to nonresidential use or a modification of production by a nonresidential user. (d) In the case where an existing service is being changed or replaced, the utility will credit the user an amount equal to the SPIF that would have been charged for the service before the change or addition, but if the credit so determined is less than the amount previously paid for a SPIF, the amount actually paid shall be allowed as the credit. No cash refund shall be paid to any user whose allowable credit exceeds the new SPIF, nor to any user who obtains permission to decrease the level of service. The credits prescribed by this Subsection are not transferable. The credits apply only to the property served by the existing private sewer and only to SPIF's owed to the utility and not to other utility fees or charges. (e) Notwithstanding the provisions of Subsections (a) and (c) of this Section, the Utilities Executive Director may waive payment of the SPIF if the Utilities Executive Director determines that sufficient excess wastewater system capacity is available, that the request will not adversely affect the capacity of the utility to treat wastewater for its users, and that the following requirements are satisfied: (1) The applicant is a customer of the wastewater utility who, after notifying the wastewater utility of a proposed change in use from residential to nonresidential use, was not charged a SPIF by the utility in connection for said a change; and a. The customer first requests a waiver of the uncharged SPIF, in writing, more than two (2) years after the change in use was noted on a new water sewer connection permit or building permit: and b. The Utilities Executive Director, in writing, finds that and sets forth the reasons why the failure to charge the SPIF by the utility is likely a result of error or omission on the part of the utility for which the customer is not culpable; and c. the waiver does not involve SPIFs due in connection with a change in use associated with any other alteration of the service, including the replacement of an abandoned service line, an increase in the water or sewer tap size, an increase in the number of dwelling units, or a modification of production by a nonresidential user. (ef) In circumstances where a user has underpaid a SPIF as a result of a miscalculation of the user's SPIF, and the utility requires the user to pay the utility all or any portion of the difference between the corrected and miscalculated amounts of the SPIF, the Utilities Executive Director may allow the user to pay such amount over time under such reasonable terms and conditions as are approved by the Utilities Executive Director. (fg) No person shall knowingly provide the wastewater utility with false, inaccurate or fraudulent information to be relied upon by the utility in calculating a user's SPIF. -6- (gh) If the Utilities Executive Director determines that sufficient excess wastewater system capacity is available, and if a customer requires temporary service for a temporary use or condition not exceeding three (3) years in duration, the Utilities Executive Director may arrange for the provision of temporary wastewater service through a special services agreement in the manner prescribed in § 26-290 of this Article. (1) If the full SPIF due in connection with any such service is not paid prior to connection or deferred as provided in Subsection (a) above, the associated special services agreement shall require the customer to pay a temporary wastewater plant capacity charge each month, which charge shall be one-twelfth ( 1 /12) of eight (8) percent of the calculated SPIF charge, based on BOD, TSS and monthly discharge volume in gallons. These payments will not be credited against any SPIF amount due in connection with service to the customer for any subsequent temporary or permanent use or condition, regardless of whether the permanent use or condition is the same as, or comparable to, the temporary use or condition. (2) The customer shall also be required to pay any and all other service and connection fees or charges associated with the temporary wastewater service as generally imposed by this Article, including, but not limited to, monthly service charges for discharged wastewater. If charges for temporary wastewater service are based upon estimates of the quantity or characteristics of the wastewater discharged and the actual quantity or characteristics are subsequently measured and found to have exceeded the discharge limits for which any fees or charges have been paid, the customer shall be required to pay such additional temporary wastewater plant capacity charges, monthly charges or other charges required in light of the underestimate of discharged flows. (3) Except as set forth herein, all requirements for wastewater discharges in this Article, including, but not limited to, industrial pretreatment and other regulatory requirements, shall apply to temporary wastewater service. Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk -7- Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk