The State Fire Marshal and DHS Joint Information Bulletin on Cross-Connection Control Requirements

Backflow prevention assemblies tend to reduce the water pressure available on a user's premises, and thus may reduce the level of protection otherwise provided by fire sprinkler systems. Designers need to take this into consideration when designing fire protection systems. In some cases, it may be necessary to install booster pumps, and dependence on pumps in addition to supply system pressure represents an added measure of fire risk. Since requiring backflow prevention invokes both water quality and fire protection issues, the State Fire Marshal and DHS in February, 1994 issued a joint Information Bulletin specifically addressing how H&SC Section 13114.7, which restricts backflow protection equipment requirements for Class 1 and Class 2, is to be administered:

The objective of this bill⁶ is to provide reasonable backflow protection to the domestic water utility without the requirements for installation of redundant assemblies on fire protection systems by either the public water supplier or the local health agencies. Assembly Bill 2503 defines Class 1 and 2 fire systems as they are defined in Section 6.3 of the American Water Works Association Manual: M-14. Further provisions in Section 6.3 state: "Generally, fire protection systems of Classes 1 and 2 will not require backflow protection at the service connection. Pumper connections of automotive fire department equipment to street hydrants are not ordinarily health hazards."

AB 2503 definitions of Classes 1 and 2 fire protection systems are interpreted to refer to those systems which generally and ordinarily would not require an approved backflow prevention assembly at the fire system user connection in order to protect the public water system. However, it is recognized that "special conditions" may exist on the site of a Class 1 or 2 fire sprinkler system such that an actual or potential contamination hazard is present, and consequently the public water supplier would require the installation an approved backflow prevention assembly at the user connection for the fire sprinkler system.

Attachment B lists examples of "special conditions" which may exist. Where such conditions exist or are suspected, the representatives of the public water supplier and the local fire department should investigate and evaluate the premises to determine whether an approved backflow prevention assembly is warranted and should be required at the user connection. If the water supplier and fire agency representatives do not agree on the level of protection, the matter shall then be reviewed with designated representatives of the California Department of Health Services. If agreement is not reached at this level, the State Fire Marshal shall make the final determination as to the level of protection required....

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This updated information is being issued because of concerns regarding the potential hazards associated with backflow of stagnant water into potable water distribution systems from existing connections to Class 1 and 2 fire sprinkler systems not equipped with approved backflow prevention assemblies. The State Fire Marshal and the California Department of Health Services anticipate working with the American Water Works Association to encourage research to evaluate the potential hazards related to the quality of water in fire sprinkler systems and the adequacy and reliability of existing check valves and unapproved backflow prevention assemblies installed on Class 1 and 2 fire sprinkler systems. You will be advised of the findings of that research and of any changes in the law.

The joint Information Bulletin's Attachment B states, "The use of `black pipe' or other materials currently unapproved for potable water systems in the fire sprinkler system does not necessarily constitute `special conditions.'" This statement takes on additional importance in the context of the AWWARF report described below.

Defendants construe the joint Information Bulletin, taken together with the AWWARF report, as strong justification for their policy of requiring approved backflow prevention assemblies be installed without exception at the service connections for all new commercial buildings having Class 1 or Class 2 fire sprinkler systems. On the contrary, the joint Information Bulletin once again calls for the public water supplier (and the local fire department) to investigate and evaluate each new sprinkler-equipped user's arrangements before making a determination. This interpretation, besides being self-evident, is consistent with the theme of the joint Information Bulletin: Installing backflow prevention devices on the supply lines for sprinklered premises involves drawing a balance between water quality protection requirements and fire protection needs. Neither is to be favored to the exclusion of the other.