§ 44-312. Minimum acceptable operating practices for public drinking water systems.

(a)

Section 290.46(i) Plumbing ordinance. Public water systems must adopt an adequate plumbing ordinance, regulations, or service agreement with provisions for proper enforcement to insure that neither cross-connections nor other unacceptable plumbing practices are permitted. See section 290.47(b) of this title (relating to Appendices). Should sanitary control of the distribution system not reside with the purveyor, the entity retaining sanitary control shall be responsible for establishing and enforcing adequate regulations in this regard. The use of pipes and pipe fittings that contain more than 8.0 percent lead or solders and flux that contain more than 0.2 percent lead is prohibited for installation or repair of any public water supply and for installation or repair of any plumbing in a residential or nonresidential facility providing water for human consumption and connected to a public drinking water supply system. This requirement may be waived for lead joints that are necessary for repairs to cast iron pipe.

(b)

Section 290.46(j) Customer service inspections. A customer service inspection certificate shall be completed prior to providing continuous water service to new construction, on any existing service either when the water purveyor has reason to believe that cross-connections or other potential contamination hazards exist, or after any material improvement, correction, or addition to the private water distribution facilities. Any customer service inspection certificate form which varies from the format found in section 290.47(d) of this title (relating to Customer Service Inspection Certificate) must be approved by the executive director prior to being placed in use.

(c)

Persons authorized to conduct inspection. Individuals with the following credentials shall be recognized as capable of conducting a customer service inspection certification:

(1)

Plumbing inspectors and water supply protection specialists licensed by the state board of plumbing examiners.

(2)

Customer service inspectors who have completed a commission-approved course, passed an examination administered by the executive director, and hold current professional certification or endorsement as a customer service inspector.

(d)

Discovery and elimination of health hazard. As potential contaminant hazards are discovered, they shall be promptly eliminated to prevent possible contamination of the water supplied by the public water system. The existence of a health hazard, as identified in section 44-313, shall be considered sufficient grounds for immediate termination of water service. Service can be restored only when the health hazard no longer exists, or until the health hazard has been isolated from the public water system in accordance with section 44-311(1) (relating to Water Distribution).

(e)

Customer service inspection. These customer service inspection requirements are not considered acceptable substitutes for and shall not apply to the sanitary control requirements stated in 30 Tex. Admin. Code § 290.102(a)(5) (relating to Definitions).

(f)

Examination of private water distribution facilities; restrictions. A customer service inspection is an examination of the private water distribution facilities for the purpose of providing or denying water service. This inspection is limited to the identification and prevention of cross connections, potential contaminant hazards, and illegal lead materials. The customer service inspector has no authority or obligation beyond the scope of the commission's regulations. A customer service inspection is not a plumbing inspection as defined and regulated by the state board of plumbing examiners (TSBPE). A customer service inspector is not permitted to perform plumbing inspections. State statutes and state board of plumbing examiners (TSBPE) adopted rules require that state board of plumbing examiners (TSBPE) licensed plumbing inspectors perform plumbing inspections of all new plumbing and alterations or additions to existing plumbing within the municipal limits of all cities, towns, and villages which have passed an ordinance adopting one of the plumbing codes recognized by state board of plumbing examiners (TSBPE). Such entities may stipulate that the customer service inspection be performed by the plumbing inspector as a part of the more comprehensive plumbing inspection. Where such entities permit customer service inspectors to perform customer service inspections, the customer service inspector shall report any violations immediately to the local entity's plumbing inspection department.

(Ord. No. 07-48, § 2(exh. A(290.46)), 11-19-2007)