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HomeMy WebLinkAboutOrdinance 18444-01-2009Ordinance ilia. 18444-01-2009 AN ORDINANCE Ai4IENDING CHAPTER 35, "WATER AND SEWERS", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY ADDING ARTICLE VII, "INSTALLATION AND MAINTENANCE OF IRRIGATION SYSTEIMS"; SECTIONS 35-158 THROUGH 35-170; SECTION 35- 158 "DEFINITIONS"; SECTION 35-159 °`LICENSE REQUIRED"; SEC'PION 35-160 "PEI2i~IIT REQUIRED"; SECTION 35-161 "WATER CONSERVATION"; SEC'PION 35-162 "IRRIGATION PLAN AND AS BUILT DESIGN: 4IINI14IUA1 STANDARDS"; SECTION 35-163 "DESIGN AND INSTALLATION: MINIMUM REQUIREMENTS"; SECTION 35-164 "COMPLETION OF IRRICATION SYSTEM INSTALLATION"; SECTION 35-t65 "C[TY INSPECTION REQUIRED"; SECTION 35-166 "'MAINTENANCE, ALTERATION, REPAIR OR SERVICE OF IRRIGATION SYSTEMS°'; SECTION 35-167 "RECLAIMED WATER; OTHER WATER SUPPLY SOURCES"; SECTION 35-168 "ADVERTISEMENT REQUIREMENTS"; SECTION 35-164 "CONTRACTS"; SECTION 35-170 "FEES"; PROVIDLNG THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; :iND PROVIDING; AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort ~k`etrth }tas determinui that water conservation and envirornnental protection are important issues and concerns affecting the city; and WHEREAS, properly-utstalled irrigation systems will conserve water, help avoid wasteful use, zmd improve the overall quality of }ife fm' the citizens of Fort yfiorth; and WHF.RE;~S, during the ?(lt!? leg~is}ative session, the Texas t egislature adoptc~e1 House 13111 1 Ci56: and t~"HEREAS, Ffe±usc Bilt 1~5f aknen<ied C'hapter4[)} ~kfthe "iexas Luca( Government C"code tc? requkrc a city with a population of 2{?,©t}f} or inure to rcgttlate the installation of irrigation Systi;m4 wkthto the cC)rpc+ratC', i(in11~ c7~ the e1tY <t'{ w'('}} a4 t}ll". Ckt4 ~S {'Yt3"riY~r7"IttSrla~ jUl'19d1Ctitkll_ di nti} 4~'"III•:I21:AS r11sr Frovi,l{~,.=, },creitt :tk°~ necc-xary tc+ promote. atacl }?r°c5'cc: t?te ttca#Eh ~.t}'ety. ~u;d W'elt:.tk"c', (tt ttYe p:»°1~~7+: }?}' tr4'Stl7kg<tik tirhati c.?'t~ 3t"{"7nitke.kt t}7at I'~ pt"t!tVS:ft'~"C'. {r} t~1e ti,k(4''S cvaicr supply and pr{>vkdc~ an en}tancc~ qua}ity of hfe for the ctiizerts of the City oT }~ort 1~~okih. Irrt~;k ~ o: t ~rcliosa=~;e l ~RF7V.=11 NOW THEREFORE SF, IT ORDAINF,D BY THE CITY COI7NCIL OF THE CITY OF FORT WORTH, TEXAS: SF,CTION I. Part TI of the C{~)de of the City of fort Worth, Texas (1986), as amended, Chapter 35, "yUater and Sewers", Article VII, is hereby added to the City Cade to read and be as follows: ARTICLE VII. Installation and Maintenance of Irrigatinn Systems. SECTION 35-158. Definitions. In this Article: Air Gap means a complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open ornon-pressure recei~~ng vessel. Alter (Alteration} means any modification of an existing Irrigation System where twenty-percent {20°fo} or more of the original system is altered andlor when addirional ranes are added to the existing system. Automatic Controller means a solid state timer capable of operating valve stations to set the days, time of day, and length of time water is applied. Backfiow Prevention means the mechanical prevention of the flow in the direction opposite to the normal flow; or the introduction of any foreign liquids, gases, or substances into the public water system. Backflo'ty Pre~tention Assembly means aa5 approved assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved asselnbIies issued by the City of Fort l~rorth 1~Tater Department. Completion of Irrigation System Installation means the time when the landscape irrigation system has been installed, all minimum standards met, all tests perfom5ed, and the irrigator is satisfied that the ¢t^stetn is of?crating correctlp. ~..ro%5-connection m StiS a t ['}n4 SiC 3t ara a8[2f?4tttcY}t ?yli6.*'£ c.. p?t)iat'l~ L>ra:el' w~ '}ixiV 2S actually c?r pore!?ta:tlly connnctcd )~ stir arty nt)n potable, water s~ *te !n~ usctl ~~<!tcr svstett5 or dtl_\117dr4't4 at.G',Z tiFlppl4, 4C4\tS, dt'::tn7 tt)r3tl`uit, 31§`In1CI:EI1~ ~7Lt{ryl, S~.t)rEf:?c Ct',Sl'r~'o ir. p1t1213}SSnF? tixturc, ~wasnp cooler.. air conditi«nirtg ctnit, fire protection wcstcm, or any ot'r[er rtsscml?Iu which Contains. t)r Intn~ contain, contaminated ~)-ater, domestic sc~~a4~e, or rsthcr liquid e?! unknown e)r unsafe quality which may be cal?able ta(`inrpa[-ti g conttmaination to tl5e publ: a=a#er stag nt as a result oflaackllt?iv. I3y-pa{s au-ratSge~Ittc[ats, ~Funpcr cont5ectic>ns aemo~°abl~ 4cctio.?s, sws")+eI or c.h_tnk~t.34'.S ;„:CSC'I?lCSS.t.r:St~o+`rter~;ptSrct;"}'f+t!As.?5ti°sEZt+.~ZCs':R77LS!Esrgtt)3,?{3ter•ri ttlxw,<.,.. tS'r (',i[[;i7f1 t;~h'[itdl<tiiCC 4v RHi-` tti r1I., of which, backflow may occur are considered to be cross connections. Design means the act of determining the various elements of a landscape irrigation system that will urclude, but not be limited ta, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics ealeulafrons. identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. Design Pressure tncans the pressure that is required frar an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessar}= at an emission device to the total ofall pressure losses accumulated from an emission device to the water source. Doable Check Valve means an assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve 13ackflow Prevention Assembly. Emissinn Device means any device that is contained within an irrigation system and that is used to apply water including, but not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. Employed means engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. Irrigation Inspector means a person. who inspecis irrigation systems and performs other enforcement duties for a municipality or water district as an etnplayee or as a contractor as required under Title 3p, Texas Administrative Code, Chapter 30. Irrigation Plan means scaled draw°ing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation ofthe irrigation system. Irrigation Services means selling, do signing; installing„ maintaining, altering, repairin~~, servicing, permittin~,t, 1?roviding consulting services regarding, or c«nneciong an irrigation system to a urstter spply. - Irrigation s+vstetn ~ ~c~ tas ar as~etnblr tit cornponcrat palls t3ztu is pcrmanentlt nrstalled tier (he e wnt.resllc cl ciictrilautso„ and Conservation of water #t5 i~rtgate any type cif landscape tCgetat;on in any location, and; or to reda~ec dust or cotltrot cri?soaz. Ihis tcrin does riot include a s}:stem that is used ran cn' by eta a`~7cccitttral operation as defzned by "f'esas Agricultural Code, yy"?Sl.{)t12. Irtt:.ax"#tf£#n Ik'ehnxc~an #P`F'i:~ s4 *~,:ry<?f t4 i., 4;;t tRv ' :,;%, r4 '.z:74:! a i~"+r'''-rt > 3xwL.a,~~: t t.. t~~.~" jiti ''i#~ irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in tar to a private ar public, raw ar potable water supply sy=stem or any ssrater supply as required under Title 30, Texas Administrative Cade, Chapter 30. Irrigation Zone means a subdivision of an irrigation system with a matched precipitation rate based on plant material t}ape {such as turf; shrubs, or trees}, snicroclimate factors (such as sun,`shade ratio), topographic features {such as slope) and sail conditions (such as sand, loam, clay, or combination) or far hydrological control. Irrigator means a person who sells, designs, offers ecrosultations regarding, installs, maintains, alters, repairs, sen~ices or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any seater supply, require~rl to be licensed under 'Title 30, Texas Administrarive Code, Chapter 30. Landscape Irrigation means the science of applying the necessary amount of water to promote or sustain health}~ growth of plant material or turf License means an occupational license that is issued by the Texas Commission on Environmental Quality under 'T'itle 30, Texas Administrative Code, Chapter 30. '.Mainline means a pipe within an irrigation system that delivers water from the water sour<;e to the individual zone valves. Master Value means a remote control valve located after the baekflow prevention deg=ice that controls the flow of water to the irrigation system mainline. Mafched Precipitation Rate means the condition in which all sprinkler heads within an irrigation zone apply water at the same rate. Ne~s~ Installation means an irrigation system installed at a location where one did not previously exist. Potable Water means water that is suitable foe human consumption. Reclaimed Water means reclaimed water that is collected tl2rough a publicly owned trc aknent works and is under the direct control of the City wastewater treatment plants ar a ~vastc water treatment plant 4vith which the c ity ectni7xrcts, attd that. hsY<s been treated to a quality chat meets ar :xcceds Chapter 210 requirements r,>f"T'~tic ~fl etl'thc Texas r\danittistrative Cod... ;Jnl}t;r4'ISIt)n SS2t`a17fi the {)YY_fTtC-jal? a\L.I qty?..}rt and d7I'eetfan ~"#`~ a lEtf,,.iSG'iS trl'1g#It(}r tt.'}t{) lw f"ullilsing his c±r her prafssi~~nal r`~ape>tY~il?ility to the client attd;t~r emplityer to eornplYatts:t~, lvitlt local tar state rcgtsirementw. Also a licensed installer w•ctrking under dYC d}rectic7ai «l <I licensed irrigator or be<__=i.ming :Fanuury 1. 21t{l{t, an irrigation teclmic:iaa~ ctho is warkint_= under the dtr€ coon oi'a licensed irrigator to install, maintain.: alter, repair or service an irrigattcm st slcYjt. trrt~i4Clt?ie C.):tYtSii I;.CP 4'R3ti tti'tt. Zone Flow means a measurement, in gallons per minute or gallons per hour, of the actual flaw of water through a zane valve, calculated by individually opening each zone valve and obtaining a valid rending after the pressure has stabilized. her design purposes, the zone flaw is the total flaw of all nozzles in the zone at a specific pressure. 'Lane Valve means an automatic valve that eantxols a single zone of a landscape irrigation system. SECTION 35-159. License Required. (a) Any person who connects an Irrigation System to the water supply within the City or the City's extraterritorial jurisdiction (ETJ} an or after January 1, 2809, except as specified below, or Alters an Irrigation System to the water supply as defined herein, must hold a valid License, (b) A property owner is not required to possess a License if the praperty awner is performing irrigation work in a building or on a premises owned ar occupied by that person as the person's home. A property owner who installs an Irrigation System must comply with the 1Vfinimum Design Standards as described in Title 30, of the Texas Administrative Cade, Chapter 3~4 and Section 12.5-163. (c} A persc'm commits an offense if a person cotmects an Irrigation System to the water supply µrithin the City or the ET.I on ar after January I, 2404 or Alters an Irrigation System to the water supply as defined herein without a valid License pursuant to this Section. SECTION 35-160, Permit Kequired, (a) Any person installing or Altering an Irrigation System writhin the City or its ETJ, unless otherwise exempted below, shall first abtain a permit from the City's Planning and Development Department. (b) A person shall be exempt from obtaining a permit prior tri installing or Altering an Irrigation. System if such trrigatitm System is: (1 j an on-site se>iage disposal system, as defined by Section 3(16.002. ] Iealth arzd SaEev 4~ode: or (?} used d)n )sr bJ an agricL;]tur<a? operation <~s detitred 174 S,ctia?? ?`?l.tt{)_> aftlte'I`ex~?s Agrletllt;.tl';' C,a<lc a, Et 171a'w' bc; angel?ded; a:' t *} CC?i?nC:Ctct+ t<) a grt5t73:;dtiti titer t'.'e.Fl used b1` the prc)pertt d?w'ner ,.5r t{amt';St?w tESV. {Cl A. perSO7? eanitnriti an t)flen:;e 1 f tk pers()7a m51alIS or A.Iters an li'rl £,atii?n ~,'STetn tt;ltl?7.t? the City or its 1-:7~7, unless atl?erwisc exempted, 4~~ithot~t a permit from the Citjr. FrrE~.afrc?i~ C:)r~;ir,~tr.~:€ SECTIOIti 33-161. Water Conservation. All Irrigation Systems shall be designed, installed, maintained, Alterc;d, repaired, serviced, and operated in a manner that shall prevent the caste of water, promotes the most efficient use. of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. SECTIOL\ 35-162. Irrigation Plan and As-Snip Tlesign: '.`Ylinimum Standards. {a) An Irrigator shall prepare an Irrigation Plan as described in subsection {d}, for each site prior to installation or Alteration of an Irrigation System. An easily available paper or electronic copy of the Irrigation Plan must be on site at all times during such installation of the Irrigation System. (b) During the installation or Alteration of the Irrigation System, variances from the original plan are allowable if noted in red on the Irrigation Plan, and provided that the change(s) does not: (l }diminish the operational integrity of the Irrigation System; nor {2) violate any requirement of this Article VII. {c) The Irrigation Plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the Irrigation plan. (d} All Irrigation Plans must be drawn to scale. The plan shall include the following information: (1) the irrigator's seal, signature, and date of signing; {2) all major physical features and the boundaries of the areas to be watered: (3~ a \'orth arrow; {4) a legend; {S}the lone T'loc~ measurement for each lane: (6) location and type of each Automatic Controller and sensor (such tt rain. moisture, wind flow, car freeze scatsorsl: (?1 It}catrc)n. tcpc:, and sEZC of eaclx: ( 'S.} ih atE:I` i{')[...ri:l'. *.:I.1C i°1 :3k. R.LIt ttt}t S.inlti't~ °.St a S?t'.~. t:'.Z' P31 f::C#'.i22tiI I~i)'tl Ell, Sj SJt (I3I13acittlsESi Pre~~entiottrlsscmbl=': {t'j 4~atcr ~missio€~ dc4'ice, including., btrt not limited tc, spray he-arts. rester}> s~rinikler heads. yaick-a~ttlrle rs, h[lbb"ters, drip, ormicro-sprays; {I?) ~ ate €, inclrtditEg but nett limited to, ~onc ~alVes. master Valves, anc( isolation ~'a$l e4: ft t l}cc~:•S.[rU s }.? 'fr.:'S' i.;.?='#1;r`f.'Y€n`, ;:#}d tai i;aa'iola {:»'[itc~t.t~e ('t2 ftFI~:AL. {F) main line and lateral piping. (8) the scale used; and (9} the Design Pressure. (e) An Irrigator commits an offense if the Irrigator fails to provide an Irrigation Plan for the Inigation System that person installed or caused to be installed as required herein. SECTION 35-163. Design and Installation: i`rlinimum Requirements. Any person who installs or Alters an Irrigation System {{~tr w=ho causes such installation ar Alteration) shall oomply with the follaw~ng minimum requirements: (a) Manuf"acturer's Specifications A person shall not install nor cause to be installed. aT1 Irrigation System which requires the use of any component, including the water meter. in a u=ay which exceeds the manufacturer's published performance limitations Yar the component. (b) S acin . (1}The maximum spacing between emission devices shall not exceed the manufacturer's published radius or spacing of the devices}. 'The radius or spacing shall be determined by the manufacturer's published speoificatians for a specific emission device at a specific operating pressure. {2) New or Altered Irrigation Systems shall nett utilize above-ground spray emission devices in landscapes: (i) that are less than 60 inches (which shall not include the impervious surfaces in either length or width} and (ii) which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. Qualifying areas less than 60 inches may= be irrigated utilizing subsurface ar drip irrigation, pressure compensating tubing, or be designed without irrigation. Ifpop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprhlkler heads must direct flaw away from any adjacent surface and shall not be installed Glaser than four inches from a hardscape, such as, but not limited to, a building foundation, fence„ concrete, asphalt, pavers, or stones set with mortar. (3) Narrow paved walkways, jagging paths, golf Dart paths or other small areas located in cemete€'Tes, parks, golfcourses or other public areas may be exempted from. this requirement if the r-t€naff dras'n~; inlet a larldseaped area. (ti.} ~~ aTt.C I?t a.~r'+c3rt.. I~;TTeA4`~1()fl Dc', t'?L'C.~, mttit hi' 1':1>za}lG`Cl C? t}ITl:1`}#.ft. z4t Ilkt'. IT?.initT3'ttn'. e;1li.: nt?t.. ab€)ve the nia'tii?T2uTll >;pt7illiil'I' lit;itit prCtiSllre ati ptsltilSlled bt` tlle, tlTantitat'tilre!' Ior the noz~ae and 1Teat1 spachTg ti'Tat is ttsc€I. 'vlcthods t€, tellievt ine av'atcr lx'essurc rc.ltrrements rncltTde, ltut are n€,t limitccl to, fiow cantrt*l valics- a presaur`e regt€latrar, o€' pressure ec?Tnpensating spray heads. td} lylptf:g_ l't ~'„ilr>, m l^ T',8t?{?n. 44'Stt".dTiw must b~' dc,, gtti:d t3E'~ z 1 wtdllt.tt Ski =.13:11. tTiC.. {'i}41' x)`,. 1 ~i 4i `.E'. vl ~. T17Ct xrt, ytz #eE?!;:5{-s. t..l ix ~. c~t.€ ~;`~}~ a,s.~f. g~ , p ..ex L i. +e s. r l4.i'?~,.s" i4.'~r ~ttfrt':€€ ~.°{l{.tA tY }S'' t V[itAlStfti4l. r~ E, {PVC:) pipe. {e) Irrigation hones. Irrigation Systems shall have separate Zones based Qn plant material type, microclimate factors, topographic features, soil conditions, and hydrolagieal requirements. (f} Matched recipitation rate Zones must be designed and installed so that all of the Emission Devices in that Zone irrigate at the same precipitation rate. (g} SFrav. Irrigation Systems shall not spray water over surfaces made oi~'concrete, asphalt, brick, wood, stones set with mortar, or any other impen ious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. (h) Fourxdatians. If the Brigation Plan includes a foundation wafering system, a separate station shall be dedicated for drip irrigation. (i) Master valve. A flow control master valve shall be installed ou the discharge side of the Backflow Prevention Assembly on all new installations. (j) Check salves Check valves are required where elevation differences may result in low head drainage. Check valves may be located at the sprinkler heads} or on the lateral line. (k) Pop-u heads Fop-up heads shall be installed at grade Level and operated to extend above all landscape turfgrass_ (1} PVC pike primer solvent. All new Irrigation Systems that are installed using PG%C pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the City's Plumbing Code, as it may be amended. (m) Automatic Controllers. All new Irrigation Systems must include an Automatic Controller capable of providing the fallowing features: (1} iYlultiple irrigation programs with at least three start times per program, (2} Limiting the irrigation frequency to once every seven da}=s and once every 14 days; and (3) A water budgetin~> feature. (n} U erational rain as mt}sttYre ai]d liec,~c shut-cuff"devicves czr other technc7lo~r.:111 new iruto!n€Ttic.]IIy con#rntled I3• rtatiott Systerx?s mu4! intzludc opeeatozYal scaxsc>rzs or o!hUr Tet'ItxrCtl+~e4 t1a.`-'syL"ni°.l ti' ?n17 173t C.tT rniC1'S":rpt €?peTFf trop C}t tt c. li;"t£?ertl€f13 ~'r Vtte.3li iiir.Ci"3n®~. pl'C7ods ikI i3'ei'.7fII~L', 1Vt'~..ttl;eT at2Sl Lt]o3;]nS2'e or rastka#I Yn. actixrttanCt' ti'itll C~3t1' ~ z:SdC". y. ,. , l rtcre rne. rani or rn<~z~,uzz'e shut-otf'technoio~;y must 1`i tn5ta3led according t€a the znanrzfaiaure3's ptiblrshcd recc!nmendattons. IZep~rrs c)r Alterations tt] existir2g autc].'xratic ~rigation Systems fbat require replaccn]ezxt of an e3Eisting ci]ntrollsr must include. an opcratic?nal sensor or t?tlrez' tcehnologr~ clesitzne€l to inhibit or i3]terrupi l3pf'.I'i#Tt{.7n t3l Yh~. sr'd?#],a31o35 4\~`$iE".n] dLl.~''31?~ p{'.}'3{Jtls C?f lrt'iuT'i' Lbi%t-hl`i' 3dlil n3t71`+r!lr- t'78' Car;e;~tii]~t C'YS~torra]ce' t::ttt2Ff~Ai. {off Isolation valve. 11.11 Irrigation Systems must include an isolation valve between the water meter and the Baekflow Prevention Assembly. (p) Depth coverage ofpintn~. Piping in all Irrigation Systems must be installed according to the manufacturer's published speaifieati<>ns for depth coverage ofpiping. {l} If the manufacturer has not published specifications far depth coverage ofpiping, the piping must be installed to provide minimum depth coverage of six inches of select backfilL between the top of the pipe and the nattu-al grade of the topsail. All portions of the Irrigation System that fail to meet this standard must be noted on the Irrigation Plan. If the area being irrigated has rock at a depth of six inches or less, select backhll may be momzded over the pipe. ''_Ylounding must be noted on the Irrigation Flan and discussed with the Irrigation System owner or owner's representative to address any safety issues, {2) If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil. (3} All trenches and hales created during installation of an Irrigation System must be backfilled and compacted to the original grade. (q) Wirine Irritation S :stems. (1) Underground electrical wiring used to connect an Automatic Controller to any electrical component of the Irrigation System must be listed by "Underwriters Laboratories" as acceptable for burial underground. (2) Electrical wiring that connects an}~ electrical components of an Irrigation System must be sized according to the manufacturer's recommendation. (3} Electrical wire splices which mac be exposed to moisture must be waterproof as certified by the wire splice manufacturer. {4} Underground electrical wiring that cotmects an Automatic Controller to any electrical component of the Irrigation System must be buried with a minimum of six inches of select backfill. (r) No Potable [.'se. 41'ater contained. tit=ithin the piping ctf an Irri~aatirm St=stem shall be deemed to Ise non-1YC?table. ~> drinking or domestic tivater usage, such as. but not limited to. Eitlint scvitumtng pools c+r decorative lount4tins, shall be connected to an Irrigation. System, if t ho';e bob is cony voted io to hr}«atton ~~Stet,Y ta?r ~c putlx?,<r oI pri~ttdnty~ ~(I t~J~'lerrz nia7 lY<Ati,r t~+ aC!"t ar e. 1, t.b,~, fl^±(, ,r~b lTlt ~E C*.,.. tCYSidrlc tl 1153n~? a tIYt7.;I{ :.fFetpter 1GC`Y «? a qui k couple F~YSta?led r+ ~ coycrcat pttrplc z alyc boy ~d the ~osc bib <~tcl any hoses vcrnncctt a to tltc bob must I>< tabelccl "nYnt notable, t~otsaft for drituvtng." An isolation valve must be irtstttl'[ecl upstream ot`a quick ccSupler e«nttccting a ix+se bih it+ an h•riaation System. t,'1 ~' z?t_M1rl-r. r1 ~'-tl rle irrr37nl,' ",2t!)t ~'* 'r'.ni t¢lcd .,n .1.t4 intz.t S,dw iii oni; Ett?Ckl'=i£.' t`.Isei~k 1~ Y~i. u'L". ... ti'H':!}~;dTio77 l)FCiiClfl71 {'t' C itltFt~ASv (t} F3ackflow. A Backflow Prevention Assembly shall be installed and used in compliance with Section I2. `i, Article `v', Division 3, Cross Connection Coratr-ol. {u) Effective January 1, 2010, a Licensed Irrigator shall i} be on-site at all times while the Landscape Irrigation System is being installed; or shall ensure that a Licensed Irrigation Tecluueian is on-site to Supervise the installation of the Irrigation System. (v} A person eamrnits an offense if a person who installs, allows or causes to be installed an Irrigation System which does not meet the minimum design requirements described in this Section. SECTION 35-164. Review of the Irrigation System »y t3wner. Upon completion of the Irrigation System installation or Aheration, the Irrigator or Irrigation Technician who provided Supervision for the on=site installation shall complete the following: (a} The Irrigator or Irrigation 'lechnician shall perform a final walk-through inspection with the Irrigation System's owner or the owner`s representative. The walk-through shall include a review ai' the those items on the maintenance checklist as described in subsection {b}. (b} The items on the maintenance checklist required in subsection (a) shall include: (I}the Irrigator's name; license number, company name, telephone number; (2) the location of the water meter, isolation vah=e, Backflow Prevention Assembly, sprinkler heads, drip or pressure compensating tubing irrigarion, rain or moisture and freeze shut-off device; (3}the Irrigation Plan: (4} the manufacturer's manual for the Automatic Controller; {5} a seasonal (spring, summer, fall, winter) watering schedule based on either currentfreal time evapotranspiration or monthly historical reference evapotranspiration (historical ET} data: month]} effective rainfall estimates, plant landscape coef&cient factors, and site falctors; (6} a list of components, such as the nozr[e, or pump filters, and other such components that recluirc maintenance and the recommended Erc{luency F'or the serviee_ and (7} the Ii~llowing statement, '"1`his hrrigation System. has been installed in accordance with. all applicable state and local laws, c}rdinances, rules, regulatie>ns ar orders. Ihave te--stud the svstcnl and. deierxnned than it has htxen installed according t{4 she L rigatu~a71?lan ~tn43 is t9ri'~t'°.4.1$ t1i~~ S*,t'.;:t iq?r t>l~ ?I?JSi L'tf2C-ti. Ftt .1x71'=='.1G:i'xCaY7 ikt c4 "rLtc1:' i:t tlll-, t}f':'se." le; 1mtC IrrilTZitt~S i7I' Irakgatr{'axl. t el`l>.ktlcxan sh4~tll t7 bta,T1 the S14 nattcre oI Ihi 1CrkgattFan r>1~StetYk'S xtwner or awlier's rcl~reserrtativc eta tl~e iuaintent¢nee checklist w~hiclx evidences that a 7caik-through by the tuo parties 4vas pcrtxrtned and included a rcvievv of those itctns in tb) abut e. I1"the Irrigation 5vstem's ov4ner or otit'ner's representati k'e is unwilling or 'tlabie tt~ S3g[: tlC ~n~tt?~t''.7k1>le% L`IFe{'l4h~t, tI€e 1rSSy~~<i?£7t' ttC li k31;k1t3C5T. 1 S',{~IEtSSCt is a11t311 ikdJCc' i?... tzY7x"~ ~.iak.I klatE, k't° :Y.4 I.k itE'. ~~ t:.,'3t t ."t~; 4,4-.,.t?.o S~ 4a r1P .`.'fx f's ~: ;rw 4 hZy4kA(''Fx k1 L~{i`.1ik4t' t:;Rltl t~f\t, representative's signature line. {d) The Irrigator or the Irrigati<m Technician shalt proeide the Irrigation System o~,vner or owner's representative the signed t}riginal maintenance checklist and a copy of the Irrigation Plan. {e} The Irrigator or Irrigation Technician shall permanently affix the Irrigator's name, license number, company name, telephone number to each Automatic Controller installed by the Znigator or Irrigation Technician. The information must be waterproof. (f) In the event that the Irrigation System owner or owner representative is a residential home builder, then a copy of the Irrigation Plan indicating the actual instatlatian of the system and corresponding maintenance checklist must be placed within ar attached to the Automatic Controller when such home is sold. A signed statement from the nevi owner and the residential home builder, or builder's representative, stating they have received and transferred, respectively, a copy of the irrigation Plan and maintenance checklist must be provided to the City's Water Department within 30 days ofthe transfer to the new owner. (g} A person commits an offense if that person fails to comply with the ternzs of this Section. SECTION 35-165. City Inspection Required. (a) Upon Completion of the Irrigation System Installation ar Alteration, and after review of the Irrigation System by the owner as provided for in Section 35-166 (a) through (~, the Irrigator or Irrigation Technician, or property owner shall request an inspection of the Irrigation System by the City's Water Department. Such Irrigation System shall not be used without the City's completed inspection and approval that such Irrigation System complies with Article VII. (b} A person commits an offense if that person uses, atlows to be used or causes to be used an Irrigation System tit.hich has not passed the City's inspection and has not received the City~s approval. for its use. SECTIOi' 35-166. IYIaintenaoce, Alteration, Repair, or Service of Irrigation Ss~stems. (a} Alt Irrigator is responsible for alt work that the h-F igat{>r perl`ortns during the instatlarolt. malili:enant,,:, ttvFdtFaYF, rep+u r, tlr SC Yiee af.~:IYF Irrl~.'atta s ~F;4tem. (, 1'1 ~I= tl`eFT%iFC'~ artcl iYs11Cti ~. i's:ate.:l durl.FF.;; th<. InalntiiFFlnC'e, tliCerct",Fan„ rS'.paSr, C}r se('Z'tC' {li a7t irri cati{zF, 5~~sterzt must he Fct;t{nect to tlFe {3rigi~al oracle 41 i#h cY?miFacted select backlilt bt- the [m«atar wIt{} CaCI~ ed such ca'{}rk to ot'~ Lir. rc} C'cttor%tt I'L"{'` pipe prizncr s{,Ic'.vnk 1Fnist I?e used em alt pipes and Iittings used in tht it F.tte:t:''+..c„ il'ftC`.I 2tFUn., ra'p=.t~S. cb3 Si.':14ty`x S>f atE 1"! rga":;Fitt ~t'Stem EC? }tC4Urtl`s.di4'i'. S~'t#..h i?te 4 y~~.'~ I:*7 S'tS ``~.i1~-'. ~~ }C.C,: sn:°1.~ [ ti °l'.. lit okd`3'E+3C`s:i. C°t~RF'1'tiAI.. {d} When maintenance, repair or sen~ice oEan Irrigation System wolves excavation work at the water meter or Backflow Prevention Assembly, an isolation valve shall be installed if an isolation valve is not present. {e) A person commits an offense i f that perf`orn3s or causes to be performed any maintenance, Alteration, repaix or service of an Irrigation System in violation of the Section. {f} The City shall not bear any responsibility to the owner of an Irrigation System to modify or upgrade the Irrigation if the City exposes the Mainline during maintenance of the City's water system. SECTION 35-167, Reclaimed Water; Other Water Supply Sources {a) Reclaimed Water may be utilized in the Irrigation Systems if: {l) there is an written agreement between the City and the ownertaperator of the Irrigation System; (2) the user complies with Chapter 210 of Title 30 of the Texas Administrative Code, titled "L'se of Reclaimed Water": (3) there is no direct contact with edible crops, unless the crop is pasteurized before constamption; {4) the Irrigation System does not spray water across property lines that do not belong to the Irrigation System's owner; (5) the Irrigation System is installed using purple components; (6) the domestic Potable Water line is connected using an Air Gap or a reduced pressure principle backflow prevention device, in accordance with Title 3C1, Texas Administrative Code, Section 29O.g7(i); {7) a minimum ofan eight inch by eight inch sign, in English and Spanish, is prominent}y posted on,'in the area that is being irrigated, that reads, "RECLAIMEl7 GVA'LER - I)(~ tlnT L)RI~~K" and "AQUA DE RECL;PEI2ACi(3N - NO L3IiBER": and {8) the I3ackflaw Prevention on the Reclaimed tiL'ater supply line complies with. the Cihr Cade requirements and. other applicable laws. {b} A person may not use or connect any alter?alive tivater supply sources, such as but not limited to ~'ay aster or harvested rain eater wikhout the prior wriaen approval oftlre City's ~L ater Ilirector. (r~t -`~ }Yei:'so3". i",S3!?3?t2 itC dnd £?ftti..7S~, .f that pi,:rS£7t3 tt^+.'4 cl'." CaX3vt'4 tS} 17c e1seCl ltecia!tnf'tl ~ dteL car auv other source or sup{?1} isf ca ator tai s iolation cat t}2ts St°ction. SF.'{:"1'10? ~S-Ir7tt. •~d~ei•tisetner~t Requirements. {a) Al! tichcles used in the pelf<3ro3ai3ce of h-rigati~kn installation, mtinie natz3c~, alteration.. repast, Cif 4t'.r1"det tnlFSt daspla~= t}t(" lT?`SgatOr"S l7Ct`nSf' ntFltf l?i'r in thy. 2£lrtn of 'I.1 '" xt, ti t ~=s3:~r {*~ts 2 -° t` ~)r ~t t?t ~ ~ ~: •• i .'+ ~. _ ___. .~ 1 .._C x. :.. r; x'rs 4,. tca..t .~, tIa ad£'~.z=_,~t`, t5S' hti-t~3 yd.lr.' i?s eats. :£.hCl+w, ~ r:s~tic•t{3r,3t~tar<e (:ttltFttiAt. (b) All forms of written and electronic advertisements for Irrigation Services must display the Irrigator's license number in the form of"'LI __". any fr~rm of advertisement, including business cards, and estimates which displays an entity's ar individuaYs name other than that of the Irrigator must also display the name ofthe Irrigator and the licensed Irrigator"s license number. (c) Additionally, the name, mailing address, andtelephone mnnber of the TCFQ must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation b~~siness is primarily conducted and Irrigation records are kept. (d} A person commits and offense if that person uses or causes to be used any advertisement in violation of this Section. SFCTIQN 35-164. Contracts. t}n all installations of Irrigation Systems ar maintenance, Alterations, repairs, or service to existing Irrigation Systems, an Irrigator shall present the Irrigation System's owner or owner's representative a written document that identifies the materials furnished in the maintenance, Alteration, repair, or service. If a warranty is provided, the Irrigator must specify the Irrigator's name, business address, and business telephone number{s}, must contain the signature ofthe Irrigation System's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality ('TCEQ), IvIC-178, P.O. Box 130897, Austin, Texas 7871 I-3{187. TCEQ's website is: www.tceq.state.tx.us." SECTION 35-170. Fees. (a} The City Council shall adopt a schedule of fees for reinibursemenT of casts of permitting, inspecting and enforcing Article VII as follows: (1) Fees for issuing Irrigation installation permits; and (2) Fees far monitoring and inspection by the City or its agent; (b) Such fees shall relate solely to the matters covered by this Article VII and are separate from and in addirion to a(] other fees. fines and pens ties assessable by the City. (cl "Che Ice schedule tnav be amended liom time-tc>-time as the City Council deems rea;onabi~ neccssaj'gY. €:'I'tit~I,<1'I'El'N: PIZC~Il'ISIflNS l`his ordinance shall t?e ccanulati~=c of ail proti°isions ot`ordiz~attces tu~ti o!'tbt C.'ode of tla {,xtti~ !~f I'~~~ ~~'~73'Ei3., I t`:{its. ~ ~#8t),f,. ;#. S. ts,.~a e;># ~~. i.'??': ~ r17{: ri: ~~ = sr. p ~. p~~ w 1~ ... y S5n rl?3S e? c{~s3%~?.~,t' £_i~ ;:r} [R12F'I'vr1t, direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions ofsuch ordinances and such Code aae hereby repoaled. SECTION 3. SEtiEI2ABILITY C:LAIiSE It is here6i=declared to he the intention of the CitS~ Council that the phrase, clause, sentence, paragraph or section of this ardinane e are severable and, if any phrase, clause, sentence, paragraph or section c'>f this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTII?N 4. PENALTY CLAUSE Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,OOO.OOj far each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTIt7N i. }ZItHTS AND REAIEI)IES rail rights and remccles of tfle C'it4 of I~eYrt ty'rlrtlY. 1 vfiaS, are exprc ssla saved as to azly :ind. <tj~ v7t?ii3t?+:?";t,'+ t.] lilt'. ~ ~{7t ..K(~zn~y '.1f i'Ye and Y4tt.i:: VS IiY,I""(sS`#ct~ ~k42 C.=2'~., Vr`. 3t'u5 ~?aV"i: cit..r..i=_t4.d <~: ?13~'. time cif the e#fc::.(i~rc tlalte at this ordirltarlcc .nd, as to slzch accllzc~d ~"i:~lattazYs anal .zt] pending litigasian. bath civil and c:ramnal, ullethcr pending in court or rat, under sucfz arclinttnces, srunc 4h,lll a""till Me dil':et tct° 1?V €12lA t~i'd2213fl'ct 1?;.:t. n?at I,c pro `*ct tstti C.t ltntYt final flPS}Pt3SFti{xr, '?t :l!4' Cl?g?;"tS. IP al:U#31.1; i~`t7lzF3Gn' C'RkI''~'At_ SECTION 6. PUBLICATION The Cit4- Secretary of the Citg of Dart tVor[h, Texas, is hereby directed to publish the oaptian of this ardinanez for ttivo (2} days in the official newspaper afthe Cit~~ of Fort Worth„ "Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fart Worth, Texas and by Section 52.013, Texas Local Uovenunent Code. SECTION 7. EFFECTIVE DATE This drdinance shall take effect on the date it is adopted. APPRdVED AS Td FC7Rtvi Alti?D LEGALITY: 1 Assis~nt City Attu e} ADdPTED: January 13 2009 ter:t~nt;(rn ~:)rciatttrtev C°Rltl tN:A l.. e-ry of FO~r wo~rr~, rex~s Mayer and Council Communication ~. .. coun~MiL Ac~r~oN; Approves on ~~~~t2uo~ :- €7rd, N~. ~$ ~~-20fl9 DATE: Tuesday, January 13, 2009 REFERENCE NO.: G-18428 LOG NAME: 80IRRtGATiON SUBJECT: Adopt Ordinance Amending Chapter 35 "Water and Sewers" of the City Code by the Addition of Article VII, "Installation and Maintenance of Irrigation Systems" Sections 35-158 through 35-170 and Adoption of Fees REC4MMENOATION: it is recommended that the City Counaii amend Chapter 35 "Water and Sewers" of the Gify Code by the Addition of Article VII "Installation and Maintenance of Irrigation Systems" as mandated by State Legislation. DISCUSSICtN: __ House Biil 1856, which passed in the last legislative session, requires municipalities serving a population of 20,000 or more customers to adopt a landscape irrigation ordinance with requirements at (east as stringent as the Texas Commission on Environmental Quality's {TCEQj standards for the design, installation and maintenance of landscape irrigation systems found in the Texas Administrative Code Sections 344.84 through 344.65. The Water Department worked with asub-committee of the North Texas Council of Government's Water Resources Council to develop this ordinance that incorporates water conserving components with the new state rules for installing landscape irrigation systems. The regional recommendations are designed to make irrigation systems more efficient by limiting the amount of water that is wasted by poor design and construction practices. This ordinance requires an irrigator to be licensed and permitted by the City prior to installing a new irrigation system and to have an irrigation plan meeting certain requirements. Homeowners must also be permitted prior to installation of a new system. Both irrigators and homeowners must comply with state rules and minimum design and installation requirements. Upon alteration of existing systems affecting at (east 20 percent of the system, a person must also meet these requirements. In order to recover costs associated with issuing a permit far the installation of an irrigation system, and inspection of such systems, the City of Fart Worth Water Department will charge $90.60 for an inspection fee wf7ich includes the backflow fee and $22.00 far each permit application. The $22.0(} fee goes to the Development Department for maintaining the database and associated administrative tasks. The total cost for a permit wilt be $112.00 The fee fdr existing baakflew prevention installations is ;1;53.31 and is ir38".Irtdt: d ~' tl-I E3 :e6°Sf.£.'' fee. ti'r`e :e°'rt 4 k}?". C.tl.trl k'YEiE tr?e iCj Fluoed wf~r' it',e initial e[Ci€~.?*tfi`S"' !r=sp#:°~;.>ron perry?ft. r al a:":X' a~r'~tional "•~ „'?te~~?,bttiriS the fee ri! be. i5c~s t7t~ per ',~i.s,i#rrence. Add+t?anai GfiargP.M of $11.31 varli also apply rt the backfi::w Fs to be re-~r;spected. The total fee far faiitlrP. to pull a t~ermif viii be S2F}•2.`~0 tc incude a $22,Ot; permit application fee, $1?7.33 ir°aigatior7 inspection £ee, ar5d $Ei2.82 bacKttaw ;nspection fee. Any violation of this e?rdirtance is a Class C (vtisdemeanor and subjec# to a fine of not mare than $2,OOO.flO. FISCAL INFORMATIO_ N / CERTIFICATItJN: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUNta CENTERS: TC} FundtAccountCenters FRdM_Fu ndiAccount/Centers CERTIFiCATIC!PiS: Submitted for City Manager's Office by; Originating Department Head.:. Fernando Costa {6122) S. Frank Crumb {8247) Ad_ ditianal Information. Contact;. Micah Reed {8211} ATTACHMENTS 1. 60iRRIGATION Ordinance FINR~.doc (Public)