When can Tempe shut off a business's water over backflow? City Code 33-109

Section 33-109 allows discontinuing service for three conditions: a required assembly "is not installed, tested and maintained"; a backflow prevention assembly "has been removed or bypassed"; or "a cross-connection exists on the premises." It adds that service "will not be restored until such conditions or defects are corrected." The same section says the City "may also terminate a user's service upon twenty (20) days' notice in writing in non-emergency." That sentence is not tied to backflow by its wording, but it sits in the backflow article.

Section 33-108 backs it with entry. The user's system "must be open for inspection at all reasonable times, and in all emergencies" to the department's representatives. When a cross-connection or other hazard "becomes known the department may deny or immediately discontinue service to the premises by providing a physical break in the service line until the user has corrected the condition."

Section 33-110 has two parts. In (a), "If the department determines that a user's backflow prevention assembly does not meet current standards, the user shall retrofit the assembly so that it will meet current standards." In (b), when the Public Works Director or a representative determines a water service "poses an actual or potential threat to the physical properties of the water system or potability of the public water system," an assembly complying with the article "shall be installed."

Section 33-111 says violations may be enforced as under Chapter 12, Article VI, Division 4, that the Public Works Director may develop an enforcement response plan and penalty policy for Council approval, and that "Any violation of this article shall constitute a misdemeanor." Remedies "are not exclusive," and "Each day's noncompliance constitutes a new violation."

• Cross-connection. Section 33-102 defines it as a physical connection between two otherwise separate piping systems, one with potable water and one with nonpotable water or industrial fluids, through which backflow may occur.
• Backflow prevention assembly. An assembly designed to prevent the reversal of normal flow caused by backpressure or backsiphonage.
• Retrofit. Replacing or upgrading the assembly so that it meets current standards. The article does not define "current standards" in 33-110; the department decides.
• User. The code uses it for the customer. The city's program page sends test letters to "the user paying for the water service."

Water customers whose premises are required to have an assembly (33-105 lists the premises), plus any premises the department finds poses a threat under 33-110(b). The program page says test letters go to the user paying for the water service.

It does not apply to a single family residence used solely for residential purposes under the state rule the city's FAQ describes, though the FAQ says residences used for other purposes, and commercial and industrial customers, must install and maintain assemblies.

A restaurant misses its test date. The program page says an initial test notice goes out 45 days before the due date and an overdue notice follows if the test is not completed and posted. The city "may initiate enforcement action up to and including termination of water service" if it is still not done by the date in the overdue notice.

A theft. A brass assembly is stolen from the front of a shopping center. "Removed" is on the 33-109 list. The city's page says the assembly must be replaced in a timely manner with the same type, and that a plumbing permit is required if it is replaced or relocated. See the stolen assembly page.

The edge case: the working assembly that fails the standard. An older assembly is installed, tested every year and passing. The department decides it does not meet current standards. That is a 33-110(a) retrofit order, not a 33-109 shutoff condition, but ignoring the order is a violation under 33-111 and each day counts.

A cross-connection found on inspection. A hose from a process tank is linked to a potable line. Section 33-108 lets the department deny or immediately discontinue service with a physical break in the line until it is corrected.

1. 1Find the date on the test notice or the compliance notice. The city's FAQ says a backflow assembly must be in compliance within 45 days of the initial compliance notification, unless other arrangements are made.
2. 2Hire a certified tester from the city's list. Reports are entered through the city's tester site or sent to backflow@tempe.gov.
3. 3If the assembly fails, repair or replace it and have a certified tester retest and submit the results. A permit applies if it is replaced or relocated.
4. 4If you cannot make the date, call Environmental Services at 480-350-2678 before it passes. The FAQ says to contact them immediately to make special arrangements.
5. 5If service has been discontinued, correct the condition. Under 33-109 service is not restored until it is.

• Waiting for the shutoff to call. The city's FAQ says to contact Environmental Services immediately if a deadline cannot be met.
• Believing a passing test ends the matter. Section 33-110(a) separately requires retrofit when the department finds an assembly no longer meets current standards.
• Expecting the letter to go to the building owner. The city sends test letters to the user paying for the water service.
• Treating the shutoff as the only penalty. Under 33-111 a violation is a misdemeanor and each day is a new violation.

The city's code text governs; this page explains it.