Ordinance No. 2024-29 Backflow Testing (Approved 111224)4884-3023-8930, v. 1
ORDINANCE NO. 2024-29
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to amending Title 13, Chapter 13.20 of the Bainbridge
Island Municipal Code (BIMC) to adopt new regulations requiring
City water utility customers to participate in a mandatory backflow
device inspection and testing program
WHEREAS, the City of Bainbridge Island (the “City”) Municipal Code contains Title 13
Public Services and Chapter 13.20 Backflow Prevention; and
WHEREAS, the Washington Administrative Code requires the City to develop and
implement a cross-connection control program that meets the requirements of WAC 246-290-
490 and the City may establish a more stringent program to protect the City’s public water
system; and
WHEREAS, the City as the Purveyor shall develop and implement procedures to ensure
approved backflow preventors relied upon to protect the City’s public water system are inspected
and/or tested on an annual basis; and
WHEREAS, the City desires to require water utility customers to participate in a
mandatory backflow inspection and testing program that will result in the preservation of staff
resources managing the program; and
WHEREAS, other municipalities in the State of Washington have similar mandatory
inspection and testing programs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Bainbridge Island Municipal Code Sections 13.20.060 through 13.20.080 are
herby amended to read as follows:
13.20.060 Abatement of unlawful cross-connections and installation of backflow prevention
devices – Procedures.
Cross-connections declared in this chapter to be unlawful, whether presently existing or
hereinafter installed, and/or services requiring backflow prevention devices and/or unlawful use
or operation of a private water supply system served by the city public water supply are public
nuisances, and, in addition to any other provisions of this code or the ordinances of the city of
Bainbridge Island on abatement of public nuisances, shall be subject to abatement in accordance
with the following procedure:
A. In the event that the city engineer or his designee determines that a nuisance as herein
provided does exist, written notice shall be sent to the person in whose name the water service is
established under the records of the city of Bainbridge Island, or alternatively, a copy of such
written notice shall be posted on the premises served.
4884-3023-8930, v. 1
B.The notice shall provide that the nuisance described herein shall be corrected within 30 days
of the date the notice is mailed or posted on the premises.
C.In the event the nuisance is not abated within the prescribed time, water service to the
premises shall be discontinued.
D.In the event that the nuisance, in the opinion of the city engineer, or his designated
representative, presents an immediate danger of contamination to the public water supply,
service from the city water supply system to the premises may be terminated without prior
notice; provided, however, notice will be posted on the premises in the manner heretofore
provided at the time the service is terminated. (Ord. 85-21 § 1, 1985)
13.20.060 Installation and Testing of Backflow Preventers.
The City shall require all customers with a backflow preventor to participate in the City’s testing
program. The water customer, at the customer’s expense, shall have all approved backflow
preventers installed, inspected, and tested in accordance with this chapter and as required by
standards established by the City. All backflow preventers shall be annually inspected and tested
by the City or by a Washington State Certified Backflow Assembly Tester (BAT) retained by the
City. All customers with backflow preventers shall, as a condition of receiving continued water
service, provide reasonable access to the BAT for the annual inspection and test. The direct cost
to test the assembly shall be added to the customer’s monthly water bill and paid by the
customer.
13.20.060 13.20.070 Abatement of unlawful cross-connections and installation of backflow
prevention devices – Procedures.
Cross-connections declared in this chapter to be unlawful, whether presently existing or
hereinafter installed, and/or services requiring backflow prevention devices and/or unlawful use
or operation of a private water supply system served by the city public water supply are public
nuisances, and, in addition to any other provisions of this code or the ordinances of the city of
Bainbridge Island on abatement of public nuisances, shall be subject to abatement in accordance
with the following procedure:
A.In the event that the city engineer or his designee determines that a nuisance as herein
provided does exist, written notice shall be sent to the person in whose name the water service is
established under the records of the city of Bainbridge Island, or alternatively, a copy of such
written notice shall be posted on the premises served.
B.The notice shall provide that the nuisance described herein shall be corrected within 30 days
of the date the notice is mailed or posted on the premises.
C.In the event the nuisance is not abated within the prescribed time, water service to the
premises shall be discontinued.
4884-3023-8930, v. 1
D.In the event that the nuisance, in the opinion of the city engineer, or his designated
representative, presents an immediate danger of contamination to the public water supply,
service from the city water supply system to the premises may be terminated without prior
notice; provided, however, notice will be posted on the premises in the manner heretofore
provided at the time the service is terminated. (Ord. 85-21 § 1, 1985)
13.20.070 13.20.080 Penalties.
In addition to the remedies set forth herein, any person found guilty of violating any of the
provisions of this chapter shall be subject to the penalties as set forth in BIMC 1.24.010. (Ord.
85-21 § 1, 1985)
Section 2. Severability. If any one or more section, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
Section 3. Effective Date. This ordinance shall take effect on and be in force
on January 1, 2025, after its passage, approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 12th day of November 2024.
APPROVED BY THE MAYOR this 12th day of November 2024.
Joe Deets, Mayor
ATTEST/AUTHENTICATED:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: November 8, 2024
PASSED BY THE CITY COUNCIL: November 12, 2024
PUBLISHED: November 15, 2024
EFFECTIVE DATE: January 1, 2025
ORDINANCE NO. 2024-29