County Ord 525 Backflow Prevention Devices - Inspection, Maintenance, TestingORDINANCE NO. 525
(AS AMENDED THROUGH 525.5)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING
ORDINANCE NO. 525 REGULATING THE INSPECTION, MAINTENANCE
AND TESTING OF BACKFLOW PREVENTING ASSEMBLIES AND
INCORPORATING BY REFERENCE ORDINANCE NO. 725
The Board of Supervisors of the County of Riverside ordains that paragraph b) is
added to Section 6 of Ordinance No. 525.
Section 1. No person shall inspect, maintain or test water backflow prevention
assemblies as defined and required by Section 7583 et seq. of Title 17 of the California
Code of Regulations, in the unincorporated area of Riverside County unless issued a
Certificate of Competency by the Director of Environmental Health.
Section 2. The Board of Examiners shall consist of five (5) members appointed by
the Board of Supervisors on the recommendation of the Director of Environmental Health.
The membership shall include two (2) representatives from the Department of
Environmental Health two (2) representatives from the domestic water industry, and one
(1) representative from the backflow plumbing industry. The members appointment is for a
three (3) year term, not to exceed a collective period of ten (10) years. A chairperson of
the Board shall be elected annually by the members of the Board. The Board shall meet at
least once in each calendar quarter, unless other meetings are called by the chairperson.
Three members of the Board are considered a quorum.
Section 3. Any person desiring initial certification to qualify to inspect, maintain, and
test water backflow prevention assemblies shall apply to the Director of Environmental
Health on the form provided by the Department of Environmental Health and pay the
current non-refundable fee. The applicant shall demonstrate testing knowledge and
competency to the Board of Examiners by the successful completion of the Director of
Environmental Health approved written examination and physical proficiency test.
Knowledge and competency may be demonstrated by showing proof of current AWWA
Backflow Prevention Assembly General Tester certification should the Board of Backflow
Examiners determine that such certification process demonstrates proficiency equal to or
greater than that demonstrated by the local certification program. Upon successful
completion of the examination and physical test or the showing of proof of said acceptable
AWWA certification, the Director of Environmental Health shall issue a Certificate of
Competency to the successful applicant. All Certificates shall be issued for a period not to
exceed three (3) years.
Section 4. Renewal of a Certificate shall be issued for a period not to exceed three
(3) years. A Certificate may be renewed by the Director of Environmental Health upon
application and payment of a non-refundable recertification fee; providing the Director of
Environmental Health decides the recertifying person remains qualified to inspect,
maintain, and test water backflow prevention devices. Applicants requesting recertification
based on an AWWA testing credential will be issued a certificate having a County
expiration date that coincides with the AWWA expiration.
Ord. 525 — Page 1
Section 5. A written test report shall be provided to the owner of a backflow
prevention assembly certifying the proper operation of the unit whenever a certified tester
installs, tests, or repairs a water backflow prevention assembly. A copy of the written
report shall be kept by the tester of the assembly for a period of not less than three (3)
years from the date of report. The written test report will be made available to the Director
of Environmental Health by the certified tester at any reasonable time during the working
day.
Section 6.
a) The Director of Environmental Health may, in his/her discretion, deny any
application for a certificate whether such application is for an original certificate or
renewal thereof, and may suspend or revoke any certificate if he/she finds that the
applicant or holder has violated any provision of this ordinance.
b) Any certificated person who falsifies inspection, maintenance or test reports, made
pursuant to Title 17 of the California Administrative Code, may have his or her
Certificate of Competency revoked by the Director of Environmental Health and, if
revoked, shall not be considered for recertification for a period of 3 years.
c) Any person whose application has been denied or whose certificate has been
suspended or revoked, may appeal such denial, suspension or revocation by filing
with the Board of Examiners within fifteen (15) days after notice of such denial,
suspension or revocation, a written notice of appeal briefly setting forth the reasons
why the appellant alleges such denial, suspension or revocation is improper. Within
five (5) days of the receipt by the Director of Environmental Health of such notice of
appeal, the Director shall set a hearing date for the appeal and shall give written
notice of the date, time, and place of such hearing to the appellant, and such notice
shall be sent by registered or certified mail, postage prepaid, return receipt
requested. The date of hearing shall not be less than twenty (20) days from the
date of mailing of the notice of the date, time and place of the hearing, and the
hearing shall be conducted not later than forty-five (45) days from the date of
mailing of the notice of denial, suspension of revocation; provided, however, that at
the request of the appellant, the Director may extend the hearing date for a
reasonable period beyond the aforementioned forty-five (45) day limit.
d) The appeal shall be heard by the Board of Examiners which may affirm, modify, or
reverse the denial, suspension or revocation. In conducting the hearing, the Board
of Examiners shall not be limited by the technical rules relating to evidence and
witnesses, as applicable in courts of law. To be admissible, evidence shall be of the
type upon which reasonable persons are accustomed to rely in the conduct of
serious affairs. During the pendency of the appeal, there shall be in effect an
automatic stay of the denial, suspension or revocation; provided, however, that
during said period of pendency the Director of the Department of Environmental
Health may take such action as he/she deems appropriate under this ordinance or
any other provision of law respecting the subject application or certificate or the
prosecution of any violation of this ordinance or any other provision of law. The
decision of the Board of Examiners shall be final.
Ord. 525 — Page 2
Section 7.
A. Any person violating any of the provisions or failing to comply with any of the
mandatory requirements of the ordinances of the county shall be guilty of an
infraction unless the violation is made a misdemeanor by ordinance.
B. Except in cases where a different punishment is prescribed by any ordinance of the
county, any person convicted of a misdemeanor for violation of an ordinance of the
county is punishable by a fine of not more than one thousand dollars ($1,000) or by
imprisonment not to exceed six months, or both such fine and imprisonment.
C. Any person convicted of an infraction for violation of an ordinance of the county is
punishable by a penalty of not more than two hundred fifty dollars ($250.00).
D. Each such person shall be guilty of a separate offense for each and every day
during any portion of which any violation of any provision of the ordinances of the
county is committed, continued or permitted by any such person, and such person
shall be punishable accordingly.
E. The procedures, remedies and penalties for violation of this ordinance and for
recovery of costs related to enforcement are provided for in Ordinance No. 725,
which is incorporated herein by this reference.
Section 8. This Ordinance shall take effect thirty (30) days from the date of its
adoption.
Adopted: 525 10/13/1970 (Eff- 11/12/1970)
Amended: 525.1 12/02/1975 (Eff-01/01/1976)
525.2 Item 12.2 of 04/30/1996 (Eff: 05/30/1996)
525.3 Item 3.2 of 09/17/1996 (Eff: 10/17/1996)
525.4 Item 7.2 of 03/17/1998 (Eff: 04/16/1998)
3/14/00 (Eff: 04/13/2000) (Amended by Ord. 802 — Violation Provisions)
525.5 Item 15.9 of 05/22/2007 (Eff: 06/21/2007)
Ord. 525 — Page 3