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Importance of Local Governments maintaining Backflow Registers. By Tony Purdon. Why is it Important for Local Governments to Maintain Backflow Registers?.
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Importance of Local Governments maintaining Backflow Registers By Tony Purdon
Why is it Important for Local Governments to Maintain Backflow Registers? • Safeguard people from illness, injury or loss (including loss of amenity) due to failure of a backflow device not maintained or registered. • Safeguard public and private infrastructure • Avoid the likelihood of contamination of drinking water within both the water service and the Network Utility Operator’s supply
Queensland Legislations • An appropriate backflow prevention device must be installed if the plumbing on the premises has polluted or could pollute either the water supply in premises or the water service provider’s water service. AS/NZS 3500.1:2003 provides information about the specific backflow prevention devices for particular applications (s. 36 SPDR).
Section 36 Standard Plumbing and Drainage Regulation Installing backflow prevention devices (1) An appropriate backflow prevention device must be installed on premises if pollution of the water supply on the premises or the water service provider’s water service to the premises has been, or could be, caused by the plumbing on the premises. (2) In this section—appropriate backflow prevention device means a backflow prevention device that is specified for the particular circumstances under the applied provisions.
Local governments have the power to require the owner or occupier of premises to install, register, inspect, test, repair or replace a backflow prevention device where the local government reasonably believes plumbing on the premises could pollute either the water supply in premises or the water service provider’s water service to premises (s. 117 PDA). Section 117 of the Plumbing and Drainage Act 2002: • Enforcement notices for backflow prevention devices • Subsection (2) applies if a local government reasonably believes pollution of the water supply in premises or the water service provider’s water service to premises has been, or could be, caused by the plumbing on the premises. • (2) The local government may give written notice to the owner or occupier of the premises to do any of the following— • (a) install a backflow prevention device; • (b) register a backflow prevention device that is required to be registered under the Standard Plumbing and Drainage Regulation; • (c) have a backflow prevention device inspected, tested and if necessary repaired or replaced by a licensee licenced to do the work.
A testable backflow prevention device must not be installed without Local Government Approval (Form 1 - Compliance Assessable) or Notification to Plumbing Industry Council (Notifiable Minor Works – Form 4 process) whichever applicable. Local governments must implement and maintain a program for the registration, maintenance and testing of testable backflow prevention devices installed in their local government area (s. 38 SPDR). A testable backflow prevention device that is not regularly tested and maintained may not provide the protection necessary to prevent contamination of water in the water service provider’s (Network Utility Operator’s)and internal of the premises water supply system. Testable backflow prevention devices (1) A local government must implement and maintain a program for its local government area for the registration, maintenance and testing of testable backflow prevention devices installed in the area. (2) The local government, or an entity authorised by the local government, must keep a register of the testable backflow prevention devices. (3) An owner of an installed testable backflow prevention device must— (a) register the device with the local government or entity; and (b) at least once each year, have the device inspected or tested by a person who is licensed to do the work. Maximum penalty—20 penalty units (i.e. 1 Penalty unit equals $110.00)
(4) A person who inspects or tests a testable backflow prevention device must, within 10 business days after inspecting or testing the device, give the local government written results of the inspection or test in the approved form. Maximum penalty—10 penalty units Who is the Local Government? Local Government, in relation to work performed or to be performed at a facility or premises, means the local government that, under section 89 of the Plumbing and Drainage Act 2002, administers the Standard Plumbing and Drainage Regulation for— (a) the area in which the work is performed, or is to be performed; or (b) the area in which the facility or premises is located. (Definition straight out of the PDA 2002) • Administration of Standard Plumbing and Drainage Regulation • (1) Each local government must administer the Standard Plumbing and Drainage Regulation for its area. • (2) However, if an area within a local government’s area is not under the local government’s control, the entity that has control of the area must administer the Standard Plumbing and Drainage Regulation for the area.
(3) Subsection (4) applies if— • an area within a local government’s area is not under the local government’s control; or (b) an area adjoining a local government’s area is not part of a local government area. (4) The local government may, if asked by the entity that has control of the area, administer the Standard Plumbing and Drainage Regulation for the area. Is the Plumbing Industry Council a Local Government? NO Is the Water Services Providera Local Government? NO (Unless they are administering section 89 of the Standard Plumbing and Drainage Regulation). Is any type of Government agency or a Department is a Local Government? NO
A person who inspects or tests a testable backflow prevention device must give the local government written results of the inspection or test in the approved form (Form 9) within 10 business days after the inspection or testing the device (s. 38(4) SPDR). So what is approved form? http://www.ipiq.org.au/resources/Form9ReportOnInspectionAndTestingOfBackflowPreventionDevicesRegisteredAirGapsAndRegisteredBreakTanks%20IPAD.pdf http://www.hpw.qld.gov.au/aboutus/ReportsPublications/FormsTemplates/Pages/ApprovedPlumbersDrainersForms.aspx
An example of backflow register under 2 parts of Local Government System. • 1st part is creating a license for the testable device or devices which is created under licenses in the Local Government system. The license fee is set out each year with the fees and charges Local Government’s need to apply to recoup costs. Some licenses may have one device registered or may have several devices registered to it. • 2nd part is placing the device on the register. Each device has its own reference number which is recorded on the register and this reference number will tell the history of the device. EG: Owner, Address, License link, Test date, Make & Model, Serial number, location, size, tester & testers test kit used. • Local Governments for example could run a report on the 15th of each month and a letter sent out to the owner of the device or devices due for their annual retest with the owner having 30 days to engage and licensed tester to test and lodge the report with the local authority. Any devices not tested after the due date will have a pre-penalty infringement issued stating the device must be tested within 20 business days or a penalty infringement notice of $330.00 will be issued per device. • Section 38 (3)of SPDR An owner of an installed testable backflow prevention device must— • (a) register the device with the local government or entity; and • (b) at least once each year, have the device inspected or tested by a person who is licensed to do the work. • 3 Penalty Units $330.00
When Local Governments receive the Backflow Test Reports, duties are but not limited to; • The owners details are correct. • The tester has a current backflow endorsement. • The test kit calibration is not out of date. • The report has been completed as per section 2 AS/2845.3:2010. • If Local Governments has any doubts with the report submitted; the report will be investigated and the owner of the device may be asked for the device to be audited.
Local Government Issues Some property owners do not pay the renewal fee; Testers fail to supply a copy of the annual test report to Council for the devices they have tested; Incorrect information supplied on the approved forms; Approved forms are not filled in correctly; Incorrect location of the devices nominated on the approved form; Incorrect information nominated on approved form; e.g. Model/Serial No’s The above leads to significant resources for Local Government’s to ensure property owners bring their devices into full compliance.
Looking into the future • Local Governments and Testers to embrace technology • GPS Location on Forms which could form part of As Constructed Drawings • Smart Phones/Tablets (Form 9’s Available now)