R309. Environmental Quality, Drinking Water.

R309-305. Cross-Connection Control and Backflow Prevention Certification.

R309-305-1. Purpose.

(1) Under Section R309-105-12, the Drinking Water Board has adopted certain cross-connection control and backflow prevention requirements for public water systems. That rule includes certain training, examination, and certification requirements for persons involved in cross-connection control and backflow prevention programs.

(2) The purpose of this rule is to:

(a) establish standards and procedures for the training, examination, and certification of persons engaged in the following:

(i) administration of cross-connection control programs for public water systems;

(ii) testing of backflow prevention assemblies; and

(iii) instruction, examination monitoring, and proctoring for backflow prevention assembly tester certification;

(b) establish certification fee requirements; and

R309-305-2. Authority.

This rule is promulgated by the Drinking Water Board as authorized by Title 19, Chapter 4, Safe Drinking Water Act, Subsection 19-4-104(4)(a), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

R309-305-3. Definitions.

(1) Definitions for certain terms used in this rule are given in Rule R309-110.

(2) In addition to terms defined in Rule R309-110:

(a) "Accredited agency" means a third-party organization that provides written and performance examinations for backflow prevention assembly tester certification.

(b) "Backflow prevention assembly tester" means a person certified under this rule to perform testing of backflow prevention assemblies.

(c) "Backflow proctor" means a person certified to act as a proctor or exam monitor for backflow prevention assembly tester written and performance certification examinations.

(d) "Cross-connection control program administrator" means a person certified under this rule to administer a cross-connection control program for a public drinking water system.

(e) "Performance examination" means a closed-book, hands-on demonstration of an applicant's ability to conduct an accurate field test of backflow assemblies.

(f) "Written examination" means a closed-book examination for record to determine the competency and ability of an applicant to understand the requirements.

R309-305-4. Field Test Procedures; Test Gauges; Adoption of New or Revised Standards.

(1) The field test procedures published by the Manual of Cross-Connection Control, Tenth Edition, published by the University of Southern California's Foundation for Cross-Connection Control and Hydraulic Research, are approved and adopted.

(2) Test gauges shall comply with ASSE 1064.

R309-305-5. Cross-Connection Control and Backflow Prevention Certifications, Approvals, Accreditation, and Procedures.

(1) This rule authorizes the director to issue two types of certifications to qualified persons engaged in cross-connection control or backflow prevention for public water systems:

(a) cross-connection control program administrator; and

(b) backflow prevention assembly tester.

(2) This rule authorizes the director to approve persons to provide training courses for cross-connection control program administrators and backflow prevention assembly testers.

(3) This rule authorizes the director to approve third-party organizations as accredited agencies to perform examinations for backflow prevention assembly tester certification and cross-connection control program administrators.

(4) Program accreditation and certification are available to any qualified individuals and organizations. Accreditation is available regardless of the number of certifications to be issued by an applicant. Accreditation is not conditioned on the number of certifications issued, agency size, or membership in any association. However, accreditation is contingent upon meeting qualifications and adherence to standards applicable to Utah.

(5) To obtain certification, approval, or accreditation under this rule, whether for initial certification, accreditation, or other approval or renewal or recertification, a person must submit a complete application to the director and must include all information required by the director. The director may require additional information be submitted prior to making a decision on an application.

(6) In the director's sole discretion, upon application and for good cause, the director may waive examination of applicants holding a valid certificate or license issued in compliance with other state certification plans having equivalent standards. Reciprocity determinations shall be in writing and shall have the same effective dates as any other accreditation decision described in this rule.

(7) To verify compliance with accreditation, the director, or persons authorized by the director may, with or without notifying a certifier, conduct onsite or in-class audits, and reviews of the training and testing programs.

(8) The director's decision to issue or deny an application for certification, approval, or accreditation under this rule shall be deemed a permit order under Section 19-1-301.5. The director may seek public comment on proposed actions under this rule by posting notice on the division's website. The procedures for judicial review of the director's actions under this rule shall be under Section 19-1-301.5.

R309-305-6. Cross-Connection Control Program Administrator Certification Requirements; Renewal.

(1) Only persons holding a valid cross-connection control program administrator certificate from the director are authorized to perform cross-connection control program administrator functions within the scope of Section R309-105-12.

(2) A person holding a valid cross-connection control program administrator certificate has authority and responsibility to perform program administrator functions within the scope of Section R309-105-12 and the public water system's programs.

(3) A cross-connection control program administrator certificate does not authorize a person to perform the following functions relating to backflow prevention assemblies:

(a) test, maintain, or repair the backflow prevention assembly to legally document the operational status of the assembly; or

(b) perform a test for record demonstrating compliance of the backflow prevention assembly with required standards.

(4) To obtain a cross-connection control program administrator certificate, a person shall demonstrate that the applicant has:

(a) submit a complete application;

(b) complete a certification course approved by the director;

(d) pay the required fee.

(5) A cross-connection control program administrator certificate issued by the director is valid for the period established by the director. To maintain certification, the certificate holder must submit a complete renewal application in accordance with the established renewal timeframe.

(a) A person who has been issued a program administrator certificate may renew the certificate by filing an application with the division demonstrating that the applicant has:

(i) completed a minimum of 0.6 Continuing Education Units per year in the field of cross-connection control and approved by the division; and

(ii) paid the required fee.

(b) A person who has filed a timely renewal application, and has paid the applicable fee, may continue to perform the functions of a cross-connection control program administrator until the time the director takes action on the renewal application.

(c) A person whose cross-connection control program administrator certificate has lapsed may no longer perform the functions of a program administrator, without approval by the director.

(6) There is no limit to the number of times a person who previously received a program administrator certificate may apply for renewal of that certificate, except that if a person's certificate has lapsed for a period of more than one year, the person shall complete an approved training course and examination, unless otherwise determined by the director.

R309-305-7. Backflow Prevention Assembly Tester Certification, Recertification, and Duties.

(1) Only persons holding a valid backflow prevention assembly tester certificate from the director are authorized to perform backflow prevention assembly testing.

(2) To obtain a backflow prevention assembly tester certificate, a person shall:

(a) submit a complete application;

(b) complete a certification course approved by the director;

(c) pass written and performance examinations provided by the division or an accredited agency, as described in Subsection R309-305-8(2), and has met all other applicable requirements; and

(d) pay the required fee.

(3) A backflow prevention assembly tester certificate issued by the director is valid for the period of three years from the date of issuance, whereupon the certificate lapses. A person whose backflow prevention assembly tester certificate has lapsed may no longer perform the functions of a backflow prevention assembly tester, including testing, or maintaining a backflow prevention assembly to legally document the operational status of the assembly.

(4) A person who has been issued a backflow prevention assembly tester certificate may recertify by demonstrating that:

(a) the person has submitted a complete application;

(b) the person has passed written and performance examinations provided by the division or an accredited agency and has met all other applicable requirements; and

(5) A certification shall be valid for three years from the date of issuance, or until the expiration date set by the accredited agency, whichever comes first.

(6) There is no limit to the number of times a person who previously received a backflow prevention assembly tester certificate may apply for recertification.

(7) A person with a valid backflow prevention assembly tester certificate may not change the design, material, or operational characteristics of the assembly during any repair or maintenance.

(8) A person with a valid backflow prevention assembly tester certificate shall:

(a) ensure that only acceptable and approved procedures are used for testing;

(b) notify the division, local health department, and the appropriate public water system of any backflow incident as soon as possible, but in no event longer than eight hours after discovery;

(c) notify the appropriate public water system of any defective or failing backflow prevention assembly within five days after discovery;

(d) report backflow prevention assembly test results to the owner of assembly, appropriate public water system within 30 days, and keep a copy for record;

(e) include, on the test report form, any materials or replacement parts used to repair or to perform maintenance on a backflow prevention assembly;

(f) ensure that the quality of a replacement part is equal to or greater than the quality of the part originally supplied within the backflow prevention assembly and is supplied only by the assembly manufacturer or the manufacturer's agent;

(g) perform each test and be responsible for the competency and accuracy of testing and reporting;

(h) ensure that backflow prevention assembly tester certification is current;

(i) have reasonable access to, and be trained and competent in the use of every tool, gauge, and other device necessary to properly test a backflow prevention assembly; and

(j) be responsible for any additional training, certification, or licensure as may be required to perform the functions of a backflow tester certification.

R309-305-8. Training Programs, Accredited Agencies, and Proctors for Backflow Prevention Assembly Tester Examinations.

(1) Training programs, accredited agencies, and test proctors shall have adequate expertise and qualifications, as determined by the director, in relation to:

(a) Title 15A, Chapter 3, Part 3, Statewide Amendments to International Plumbing Code; and

(b) field test procedures and other standards adopted by the Board.

(2) To qualify as a certified backflow prevention assembly tester, the applicant shall pass all written examinations and successfully demonstrate competence and ability in a performance examination administered by an accredited agency, as compared to all applicable standards, for:

(a) a pressure vacuum breaker assembly;

(b) a spill resistant pressure vacuum breaker assembly;

(d) a reduced pressure principal backflow prevention assembly.

(3) Any person may apply to the director for approval to provide training under this rule.

(a) The director's approval of a person to provide training under this rule shall be effective until terminated by the director.

(b) The director may consult with the cross-connection control advisory committee regarding any application for approval to provide training.

(c) The director may take into account the efficacy of the existing training programs and the need and desirability for having multiple persons providing training under this rule.

(4) Any organization may apply to the director for approval as an accredited agency for certification testing.

(a) The director's acceptance of an organization to serve as an accredited agency shall be effective until terminated by the director.

(b) The director may take into account the efficacy of the existing testing program and the need and desirability for having multiple accredited agencies providing testing under this rule.

(c) In evaluating an application for approval as an accredited agency, the director shall consult with the cross-connection control advisory committee.

(d) The director may solicit public comments on an application for approval as an accredited agency.

(5) A proctor for backflow prevention assembly tester certification shall maintain a current proctor certificate issued by the affiliated accredited agency.

(6) To avoid potential conflicts of interest, or the appearance of a conflict of interest, a person providing training to an applicant under this rule may not also serve as a proctor for backflow prevention assembly tester certification for the same applicant.

R309-305-9. Certification Suspension and Revocation.

(1) The director may revoke, suspend, or decline to renew a cross-connection control program administrator certificate, a backflow prevention assembly tester, approved training providers, or accredited agencies for good cause as may be warranted to protect the public health if the person fails to implement timely corrective actions when requested. Examples of valid reasons for certification revocation, suspension, or renewal denial include:

(a) acting in disregard for public health or safety;

(b) engaging in activities beyond the scope of certification;

(d) failing to provide timely and adequate notice as may be required;

(e) installing or repairing a backflow prevention assembly that is not certified; or

(f) implementing a change in the design, material, or operational characteristics of a certified backflow prevention assembly thereby invalidating the backflow prevention assembly certification.

(2) The director may authorize division staff to investigate unprofessional or unacceptable conduct under Title R309.

(3) Before taking action, the director may consult with the cross-connection control advisory committee.

(4) The director shall take appropriate actions in response to the findings of any investigation.

R309-305-10. Cross-Connection Control Advisory Committee

(1) The director may establish a cross-connection control advisory committee consisting of persons from various backgrounds with professional, academic, and vocational experience in the fields of backflow prevention, cross-connection control, backflow prevention assembly testing, training, and certification to assist in the management of the division's backflow prevention and cross-connection control program.

(2) The advisory committee may:

(a) advise the director concerning the training, examination, and certification of persons engaged in cross-connection control and backflow prevention for public water systems;

(b) review, audit, and provide recommendations relating to certification training courses;

(d) provide the director with recommendations regarding industry standards relating to the division's backflow prevention and cross-connection control program.

(3) As requested by the director, the advisory committee may conduct public meetings and solicit and evaluate public comments regarding the division's backflow prevention and cross-connection control program.

R309-305-11. Program Fees.

(1) The division's backflow prevention and cross-connection control program shall be funded by fees. All fees collected under this rule shall be used in connection with the division's program.

(2) Applicants for certification as cross-connection control program administrators and backflow prevention assembly testers, or certification renewal and recertification shall pay application fees as a condition for division review and approval of the applications.

(3) The division's program fees shall be as set forth in the department's approved fee schedule.

KEY: drinking water, cross-connection control, backflow prevention assembly tester

Date of Last Change: November 19, 2025

Notice of Continuation: February 10, 2025

Authorizing, and Implemented or Interpreted Law: 19-4-104(4)(a); 63G-3