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HomeMy WebLinkAbout09-3512 ord213 ORDINANCE AMENDMENT ORDINANCE NO. 09-3512 AN ORDINANCE OF THE CITY OF PLAINVIEW AMENDING THE PLAINVIEW CODE OF ORDINANCES TO CREATE ARTICLE XXVIII OF CHAPTER 20, PLUMBING, IN ORDER TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CORPORATE LIMITS OF THE CITY AND THE EXTRATERRITORIAL JURISDICTION; PROVIDING FOR A CRIMINAL PENALTY, CLASS C MISDEMEANOR NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THE CODE, PER STATE LAW; AMENDING CHAPTER 20, ARTICLE X, PERMITS, FEES, AND INSPECTIONS, SECTION 20-99; AMENDING CHAPTER 20, ARTICLE XII, CONFORMANCE WITH CODE, SECTION 20-131; CHAPTER 20, ARTICLE XII, ADD THE FOLLOWING EXCEPTION, SECTION 603.3.2; SEVERANCE CLAUSE; PROVIDING FOR A CONTINUATION FOR CURRENT LAW; REPEALER; CUMULATIVENESS CLAUSE; CONFLICTS CLAUSE; PENALTY; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE WHEREAS, the City Council of the City of Plainview has determined that water conservation and environmental protection are important issues and concerns affecting the City; and WHEREAS, properly-installed irrigation systems will conserve water, help avoid wasteful use, and improve the overall quality of life for the citizens of the City of Plainview; and WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House Bill 1656; and WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government Code to require a city with a population of 20,000 or more to regulate the installation of irrigation systems within the corporate limits of the city as well as the city's extraterritorial jurisdiction; and WHEREAS, the provisions herein are necessary to promote and protect the health, safety, and welfare of the public by creating an urban environment that is protective of the city's water supply and provides an enhanced quality of life for the citizens of the City of Plainview. NOW, THEREFORE, the City of Plainview Hereby Ordains That: Ordinance No. 09-3512 Irrigation Ordinance Page 1 of 24 214 SECTION I. The Plainview Code of Ordinances shall be and hereby is amended by amending Chapter 20, Plumbing, to add Article XXVIII, at the end to RESERVE Sections 20-334 to 20-344. SECTION II. The Plainview Code of Ordinances shall be and hereby is amended by amending Chapter 20, Plumbing, to add Article XXVIII, to read as follows: Sec. 20-316. Definitions. ARTICLE XXVIII. LANDSCAPE IRRIGATION The following words and terms, when used in this Ordinance, have the following meanings, unless the context clearly indicates otherwise. Air gap _ A complete physical separation between the free flowin discharge end of a op table water supply i eline and an open or non-pressure receiving vessel. Atmospheric Vacuum Breaker = An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage. At the same time it o ens the air inlet >~ allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back-Siphonage Prevention Assembly. Backflow prevention =The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the otable water source. Backflow prevention assembly =Any assembly used to revent backflow into a op table waters sy tem. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. Completion of irrigation system installation _ When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irri ator is satisfied that the s stem is operating correctly. Consulting _ The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. Ordinance No. 09-3512 Irrigation Ordinance Page 2 of 24 215 Cross-connection = An actual or potential connection between a op table water source and an irrigation system that may contain contaminates or pollutants or ~ source of water that has been treated to a lesser degree in the treatment process. Design =The act of determining the various elements of a landscape irrigation system that will include, but not be limited tO~ elements such as collecting site specific information, definin the scope of the rp oject, defining Ip ant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying ~ local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation Ip an. Desi n pressure =The pressure that is required for an emission device to operate properly. Design pressure is calculated ~ adding the operating pressure necessary at an emission device to the total of all pressure lasses accumulated from an emission device to the water source. Double Check Valve _ An assembly that is composed of two independently actin approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with ro erl located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. 11 Emission device = ~ device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, s ra and rotary sprinkler heads, and drip irrigation emitters. Employed !Engaged or hired to rp ovide consulting services or ep rform any activity relatin to the sale, desi n installation, maintenance, alteration, repair, or service to irrigation systems. A_ ep rson is employed if that ep rson is in an employer-employee relationship as defined ~ Internal Revenue Code, 26 United States Code Service, 3212 d based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. Head-to-head spacing = The s acin of spray or rotary heads equal to the manufacturer's published radius of the head. Health hazard _ Across-connection or patentia! cross-connection with an irrigatian system that involves and! substance that may, if introduced into the op table water supply, cause death or illness, spread disease, or have a high probabiiity of causin such effects. Ordinance No. 09-3512 Irrigation Ordinance Page 3 of 24 216 15 Hydraulics =The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation s sy tem. 16 Inspector _ A licensed plumbing inspector, water district operator, other governmental entity, or irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor. 17 Installer = A ep rson who actually connects an irrigation system to a rip vate or public raw or op table water supply system or aim water supply, who is licensed according to Title 301 Texas Administrative Code, Chapter 30. 18 Irrigation inspector = A erson who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. 19 Irrigation plan _ A scaled drawin of a landscape irri. aq tion system which lists required information, the scope of the rp oject, and represents the changes made in the installation of the irrigation s sy tem. 20 Irrigation services = Sellin designing) installing, maintaining, altering, repairing, servicing, permitting,, providing consulting services regarding,. or connecting an irrigation system to a water supply. Irrigation system = An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate type of landscape vegetation in ~ location, and/or to reduce dust or control erosion. This term does not include a system that is used on or ~ an agricultural operation as defined ~ Texas Agricultural Code, 251.002. Irrigation technician _ A_ erson who works under the supervision of a licensed irrigator to install, maintain, alter, re air service or supervise installation of an irrigation s sy tem, including the connection of such system in or to a rip vate or up blic, raw or op table water supply s_ s~ or ~ water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. Irrigation zone = A subdivision of an irrigation system with a matched precipitation rate based on Ip ant material type such as turf, shrubs or trees microclimate factors such as sun/shade ratio topographic features such as sloe and soil conditions such as sand, loam, clay, or combination) or for hydrological control. 24 Irrigator _ A ep rson who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an Ordinance No. 09-3512 Irrigation Ordinance Page 4 of 24 217 irrigation s sy tem, including the connection of such s_ sy tem to a rip vote or up blic, raw or op table water supper system or any water su I and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. 25 Irrigator-in-Charge = The irrigator responsible for all irrigation work performed ~ an exempt business owner, including but not limited to obtaining ermits developing design Ip ans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, alterin repairing1 or servicing a landscape irrigation s sy tem. 26 Landscape irrigation =The science of applying the necessary amount of water to promote or sustain healthy rq owth of Ip ant material or turf. License ~ An occupational license that is issued ~ the Texas Commission on Environmental Quality under Title 30' Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered ~ Title 30, Texas Administrative Code, Chapter 30. Mainline _ A pipe within an irrigation system that delivers water from the water source to the individual zone valves. Maintenance checklist = A document made available to the irrigation system's owner or owner's representative that contains information regarding the operation and maintenance of the irrigation s sy tem, including, but not limited to: checking and repairing the irrigation s sir tem, settin the automatic controller, checking the rain or moisture sensor, cleaning filters, runin rq ass and Ip ants away from irrigation emitters, using and operating the irrigation s sy tem, the precipitation rates of each irrigation zone within the s sy tem, any_ water conservation measures currently in effect from the water purveyor, the name of the water purv~or, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the Ip ant material in each zone based on the soil type and Ip ant material where the system is installed. 30 Major maintenance, alteration, repair, or service _ Awn ~ activity that involves o enin to the atmosphere the irrigation main line at ~ point prior to the discharge side of ~ irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main su ( pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. Master valve _ A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. Matched precipitation rate =The condition in which all sprinkler heads within an irrigation zone apply water at the same rate. Ordinance No. 09-3512 Irrigation Ordinance Page 5 of 24 218 33 New installation _ An irrigation system installed at a location where one did not previously exist. Pass-through contract = A written contract between a contractor or builder and a licensed irri ator or exempt business owner to ep rform ~ or all of the irrigation services relating to an irrigation s sy tem, Potable water =Water that is suitable for human consumption. Pressure Vacuum Breaker _ An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. 37 Reclaimed water -_ Domestic or municipal wastewater which has been treated to a uq alitX suitable for beneficial use, such as landscape irrigation. Records of landscape irrigation activities _ The irrigation Ip ans, contracts, warranty information, invoices, copies of ermits and other documents that relate to the installation, maintenance, alteration, re air or service of a landscape irri aq tion s sy tem' - 39 Reduced Pressure Principle Backflow Prevention Assembly - An assembly containing two independently acting approved check valves to ether with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. Static water pressure =The pressure of water when it is not moving. 4~1 ~ Supervision =The on-the-job oversight and direction k~ a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also, a licensed installer working under the direction of a licensed irri ator or beginning January 1 2009, an irrigation technician who is working under the direction of a licensed irri ator to install, maintain, alter, repair or service an irrigation s sy tem. 42 Water conservation _ The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and a lies the least amount of water that is re uired to maintain healthy individual Ip ant material or turf, reduce dust, and control erosion. Zone flow _ A measurement, in allons der minute or allons der hour, of the actual flow of water through a zone valve, calculated ~ individually opening each zone valve and obtaining a valid readin after the pressure has stabilized. Ordinance No. 09-3512 Irrigation Ordinance Page 6 of 24 219 For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. 44 Zone valve = An automatic valve that controls a sin le zone of a landscape irrigations sy tem. Sec. 20-317. Valid License Required. 1. ~ ep rson who connects an irrigation system to the water supply within the C~ or the City's extraterritorial jurisdiction, commonly referred to as the ETJ, must hold a valid license, as defined ~ Title 30, Texas Administrative Code, Chapter 30 and required ~ Texas Occupations Code, Title 12, Chapter 1903, or as defined k~ Title 22' Texas Administrative Code, Chapter 365 and required by the Texas Occupations Cade, Chapter 1301. 2. All irrigators or irrigation technicians must hold a valid State License, register with the Cjty, may an annual C~ registration fee of Thirty and No/100 Dollars $30.00 and rp ovide either a surety bond in the amount of Ten Thousand and No/100 Dollars ($10,000.00) or General Liability Insurance in the amount of Three Hundred Thousand and No/100 Dollars ($300,000.00). Exemptions: A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, X1903.002( c)(1), if he or she is performing irrigation work in a buildin or on a premises owned or occupied ~ the ep rson as the persons home. A home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter 344, regarding s acin water pressure, spraying water over impervious materials, rain and freeze sensors, backflow prevention, and isolation valves. The C~ may, at ~ point, adopt more stringent requirements for a home or property owner who installs an irrigation s sy tem. See Texas Occupations Code, Title 12, X1903.002, for other exemptions to the licensing requirement. Sec. 20-318. Permit Required. Any ep rson or homeowner installing an irrigation s~rstem within the territorial limits or extraterritorial jurisdiction of the City is required to obtain a ep rmit from the City. ~ plan approved fora ep rmit must be in compliance with the requirements of this Chapter. Exemptions: An irrigation system that is an on-site sewage disposal s sY tem, as defined the Texas Health and Safety Code. Section 355.002: or Ordinance No. 09-3512 Irrigation Ordinance Page 7 of 24 220 An irrigation system used on or by an agricultural operation as defined by the Texas Agriculture Code, Section 251.002; or An irrigation system connected to a groundwater well used by the rp operty owner far domestic use. Sec. 20-319. Backflow Prevention Methods and Devices. 1. Any irrigation system that is connected to the op table water supply must be connected through a backflow prevention method approved ~ the Texas Commission on Environmental Quality TCEQ .The backflow prevention device must be approved the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or the International Plumbing Code; or ~ other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards, or if the approval does not include specific installation information, the manufacturer's current published recommendations. 2. If conditions that resent a health hazard exist, one of the following methods must be used to rp event backflow: A. An air gap may be used if: There is an unobstructed physical separation; and The distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater. B. Reduced pressure principle backflow prevention assemblies may be used if: The device is installed at a minimum of 12 inches above rq ound in a location that will ensure that the assembly will not be submerged; and Drainage is provided for ~ water that may be discharged throu h the assembly relief valve. C. Pressure vacuum breakers may be used if: No back-pressure condition will occur; and The device is installed at a minimum of 12 inches above downstream i in and the hi hest downstream opening. POp_ Ordinance No. 09-3572 Irrigation Ordinance Page 8 of 24 221 up sprinklers are measured from the retracted op sition from the top, of the sprinkler. D. Atmospheric vacuum breakers may be used if: No back-pressure will be resent: There are not shutoff valves downstream from the atmospheric vacuum breaker; The device is installed at a minimum of six inches above downstream i in and the highest downstream opening. Pop-up sprinklers are measured from the retracted osition from the toy of the sprinkler; There is no continuous pressure on the su I side of the atmospheric vacuum breaker for more than 12 hours in ~ 24-hour e~ riod1 and A separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. 3. Backfiow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. 4. If there are no conditions that rp went a health hazard, double check valve backflow prevention assemblies may be used to rp event backflow if the device is tested upon installation and test cocks are used for testin only. 5. If a double check valve is installed below rq ound: A. Test cocks must be plugged, except when the double check valve is being tested; B. Test cock Ip uqs must be threaded, water-tight, and made of non- ferrous material; C. AV type strainer is installed on the inlet side of the double check valve; D. There must be a clearance between any_ fill material and the bottom of the double check valve to allow space for testin and repair; and E. There must be space on the side of the double check valve to test and repair the double check valve. Ordinance No. 09-3512 Irrigation Ordinance Page 9 of 24 222 6. If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, re air or service, the system must be connected to the op table water supply through an approved, rp operly installed backflow prevention method before ~ major maintenance, alteration, re air or service is performed. 7. If an irrigation system is connected to a op table water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the s sy tem, the automatic master valve must be installed on the discharge side of the backflow prevention assembly. 8. The irrigator shall ensure the backflow prevention device is tested ~ a licensed Backflow Prevention Assembly Tester prior to being laced in service and the test results provided to the local water purveyor and the irrigation system's owner or owner's representative within ten business days of testin of the backflow prevention device. Sec. 20-320. Specific Conditions and Cross-Connection Control. 1. Before awn rr chemical is added to an irrigation system connected to the otable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. 2. Connection of ~ additional water source to an irrigation system that is connected to the op table water supply can only be done if the irrigation system is connected to the op table water supply through areduced-pressure principle backflow prevention assembly or an air gap. 3. Irri aq tion system components with chemical additives induced k~ aspiration, infection, or emission system connected to a~rn otable water supply must be connected through a reduced pressure principle backflow device. 4. If an irrigation system is designed or installed on a rp operty that is served by an on-site sewage facility, as defined in Title 30~ Texas Administrative Code, Chapter 285, then: all irrigation piping and valves must meet the separation distances from the on-site sewage facilities system as required fora rivate water line in Title 30, Texas Administrative Code, Section 285.91 X10); connections using a rip vate or public op table water source that is not the city's op table water system must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code. Section 344.50; and Ordinance No. 09-3512 Irrigation Ordinance Page 10 of 24 223 water from the irrigation system that is applied to the surface of the area utilized ~ the on-site sewage facility must be controlled on a separate irrigation zone or zones so as to allow complete control of awn irri ation to that area so that there will not be excess water that would revent the on-site sewa e facilities system from operating effectively. Sec. 20-321. Water Conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this Ordinance. Sec. 20-322. Irrigation Plan Design: Minimum Standards. 1. An irri ator shall rp epare an irrigation plan for each site where a new irrigation system will be installed. A_ paper or electronic copy of the irrigation Ip ans must be on the Lob site at all times during the installation of the irrigation s sy tem. A drawin showing the actual installation of the system is due to each irrigation system owner after al! new irrigation system installations. Further, a co of such plan design should also be submitted to the Buildin Official for review and be Ip aced in a file for ~ further discussion of that particular irrigation s sy tem. Durin the installation of the irrigations s sy tem, variances from the on final plan may be authorized ~ the licensed irri ator if the variance from the plan does not: Diminish the operational integrity of the irrigation s sy tem; Violate any requirements of this Ordinance: and Go unnoted in red on the irrigation Ip an. 2. The irrigation plan must include complete coverage of the area to be irrigated. If a system does not rp ovide complete coverage of the area to be irrigated, it must be noted on the irrigation Ip an. 3. All irrigation Ip ans used for construction must be drawn to scale. The plan must include. at a minimum, the following information: A. The irrigator's seal, signature, and date of si nin B. RI1 major physical features and the boundaries of the areas to be watered; C. A North arrotiv: D. A legend; Ordinance No. 09-3512 Irrigation Ordinance Page 11 of 24 224 E. The zone flow measurement for each zone; F. Location and type of each: ,~ Controller; and Sensor for example, but not limited to,_ rain, moisture, wind, flow, or freeze G. Location, tY~. and size of each: Water source, such as, but not limited to a water meter and oint s of connection; Backflow prevention device; Water emission device, including, but not limited to,. spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, ormicro-sprays; Valve, including but not limited to,. zone valves, master valves, and isolation valves; Pressure regulation component; and Main line and lateral ip ping. H. The scale used; and I. The design pressure. Sec. 20-323. Design and Installation: Minimum Requirements. 1. No irrigation design or installation shall require the use of ~ component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. 2. Spacing. A. The maximum s_pacinq between emission devices must not exceed the manufacturer's published radius ors acin of the devices . The radius or spacing is determined ~ referring to the manufacturer's published specifications for a s ecific emission device at a s ecific operating pressure. Ordinance No. 09-3512 Irrigation Ordinance Page 12 of 24 225 B. New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches, not including the impervious surfaces, in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop_up sprays or rotary sprinkler heads are used in a new irrigation s sy tem, the sprinkler heads must direct flow away from ~ adjacent surface and shall not be installed closer than four inches from a hardscape, including, but not limited to,. a buildin foundation, fence, concrete, asphalt, ap vers, or stones set with mortar. C. Narrow aved walkways, jogging ap ths, golf cart paths or other small areas located in cemeteries, ap rks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area. 3. Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published ~ the manufacturer for the nozzle and head s acin that is used. Methods to achieve the water pressure requirements include, but are not limited to,. flow control valves, a pressure regulator, or pressure compensating spray heads. 4. Pipinq• Pi in in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet der second for polyvin~ chloride P( VC) pipe. 5. Irrigation Zones. Irri_ act tion systems shall have separate zones based on Ip ant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. 6. Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone Irri ate at the same precipitation rate. 7. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or ~ other impervious material, such as. but not limited to. walls, fences. sidewalks. streets, etc. 8. Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. 9. PVC pipe rp imer solvent. All new irrigation s sy terns that are installed usin PVC pipe and fittin s shall be rip med with a ur le rp imer prior to applying the PVC cement in accordance with the International Plumbing Code, Section 605. 10. Rain and freeze sensors. Ordinance No. 09-3512 Irrigation Ordinance Page 13 of 24 226 A. Any commercial, industrial, multi-family, or residential customer class irrigation system installed within the C~ on or after January 1 2009, must be equipped with rain and freeze sensors. B. Repairs to existing automatic irrigation systems that re uire replacement of an existing controller must include a rain and freeze sensor designed to inhibit or interrupt operation of the irrigation system during erp iods of freezing temperatures and rainfall C. All rain and freeze sensors shall be installed according to the manufacturer's published recommendations. 11. Isolation valve. All new irrigation systems must include a lockable isolation valve between the water meter and the backflow prevention device. 12. Depth coverage of i in Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of i in . A. If the manufacturer has not published specifications for depth coverage of ip ping1 the i in must be installed to rp ovide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural rq ade of the to soil. All ortions of the irrigation system that fail to meet this standard must be noted on the irrigation Ian. If the area being irri ated has rock at a depth of six inches or less, select backfill may be mounded over the p'i~e. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address safety issues. B. 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 rp ovide a minimum of two inches of select backfill between the toe of the i e and the natural rq ade of the topsoil. C. All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the origina{ rg ade. 13. Wiring irrigation systems. A. Underground electrical wiring used to connect an automatic controller e to ~ electrical component of the irrigation system must be listed Underwriters Laboratories as acceptable for burial underground. B. Electrical wiring that connects ~ electrical components of an irrigation system must be sized according to the manufacturer's recommendation. Ordinance No. 09-3512 Irrigation Ordinance Page 14 of 24 227 C. Electrical wires Ip ices which may be exposed to moisture must be waterproof as certified ~ the wire splice manufacturer. D. Under rq ound electrical wiring that connects an automatic controller to electrical component of the irrigation system must be buried with a minimum of six inches of select backfill. 14. Water contained within the i in of an irrigation system is deemed to be non- otp able. No drinking or domestic water usage, such as, but not limited to,. filling swimming pools or decorative fountains, shall be connected to an irrigation s s_y tem. If a hose bib an outdoor water faucet that has hose threads on the s out is connected to an irrigation system for the up rpose of providing supplemental water to an area, the hose bib must be installed using quick coupler keY on a quick coupler installed in a covered up rple valve box and the hose bib and ~ hoses connected to the bib must be labeled "non-potable, not safe for drinking." An isolation valve must be installed upstream of a quick cou ler connecting a hose bib to an irrigation s sy tem. 15. Beginning January 1 2010, either a licensed irri ator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irri ator is not onsite, the irri ator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation s sy tem. Sec. 20-324. Completion of Irrigation System Installation. Upon completion of the irrigation s sy tem, the irri ator or irrigation technician who provided supervision for the on-site installation shall be required to complete four items: 1. A final "walk-through" with the irrigation system's owner or the owner's representative to explain the operation of the s sy tem; 2. The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irri aq tion system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irri ator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be fig yen the on final maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained ~ the irrigator. The items on the maintenance checklist shall include, but are not limited to: A. The manufacturer's manual for the automatic controller, if the system is automatic: B. A seasonal s rin ,summer, fall, winter watering schedule based on either current/real time evapotranspiration or monthly historical reference Ordinance No. 09-3512 Irrigation Ordinance Page 15 of 24 228 evapotranspiration historical ETA data, monthly effective rainfall estimates, Ip ant landscape coefficient factors, and site factors; C. A list of components, such as the nozzle, pump filters, and other such components, that require maintenance and the recommended frequency for the service; and D. The statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." 3. A permanent sticker which contains the irrigator's name, license number, company name, telephone number, and the dates of the warranty ep riod shall be affixed to each automatic controller installed ~ the irrigator or the irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the on final maintenance checklist. The information contained on the sticker must be rlp ~nted with waterproof ink. 4. The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative Sec. 20-325. Maintenance, Alteration, Repairs or Service of Irrigation Systems. 1. The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, re air or service of an irrigation system during the warranty ep riod" The irrigator or business owner is not responsible for the professional negligence of ~ other irrigator who subsequently conducts ~ irrigation service on the same irrigation s sy tem. 2. All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation s stem must be returned to the on final rq ade with compacted select backfill. 3. Purple PVC i e rp imer solvent must be used on all i es and fittings used in the maintenance, alteration, repair or service of an irrigation system in accordance with the International Plumbing Code, Section 605. 4. When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, a lockable isolation valve shall be installed, if an isolation valve is not present. A copy of all tests run must be provided to the home owner and the C~ Building Official. Sec. 20-326. Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if: Ordinance No. 09-3512 Irrigation Ordinance Page 16 of 24 229 1. There is no direct contact with edible crops, unless the crop is pasteurized before consumption 2. The irrigation system does not spray water across property fines that do not belong to the irrigation system's owner; 3. The irrigation system is installed using ur le components; 4. The domestic op table water line is connected usin an air chap or a reduced pressure principle backflow prevention device, in accordance with Title 30, Texas Administrative Code, Section 290.47 i ; 5. A minimum of an ei ht inch ~ eight inch sign' in English and Spanish, is prominently op sted on/in the area that is bein irrigated, that reads, "RECLAIMED WATER - DO NOT DRINK" and "AQUA DE RECUPERACION - NO BEBER"; and 6. Backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the Cif water provider. Sec. 20-327. Advertisement Requirements. 1. All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI " in a contrasting color of block letters at least two inches high, on both sides of the vehicle. 2. All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI And form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irri ator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. 3. The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in Ip ain view far the purpose of addressing complaints at the permanent structure where, irrigation business is primarily conducted and irrigation records are kept. Sec. 20-328. Contracts. 1. All contracts to install an irrigation system must be in writing and si ned each p~ and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each paw si ned the agreement, the total agreed rp ice, and must contain the statement, "Irriq_ation in Texas is regulated the Texas Commission on Environmental Q y Ti CEQ)' MC-178, P.O. Box 13087; Ordinance No. 09-3512 Irrigation Ordinance Page 17 of 24 230 Austin, Texas 78711-3087. TCEQ's website is: www: tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. 2. All written estimates, proposals bids, and invoices relating to the installation or repair of an irrigation s stem s must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irri anon in Texas is regulated ~ the Texas Commission on Environmental Quality T( CEQ)' MC- 178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www: tceq.state.tx.us." 3. An individual who agrees ~ contract to rp ovide irrigation services as defined in Title 30, Texas Administrative Code, Section 344.30 shall hold an irrigator license issued under Title 30' Texas Administrative Code, Chapter 30, unless the contract is a pass-through contract as defined in Title 30, Texas Administrative Code, Section 344.1 36 . If apass-through contract includes irrigation services, then the irrigation op rtion of the contract can only be performed k~ a licensed irrigator. If an Irri ator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this Chapter. Apass-through contract must identify ~ name and license number the irrigator that will ep rform the work and must rovide a mechanism for contacting the irri ator or irrigation system warranty work. 4. The contract must include the dates that the warranty is valid. Sec. 20-329. Warranties for Systems. 1. On all installations of new irrigation systems, an irri ator shall resent the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irri ator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall rovide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty ep riod• The warranty must include the irrigator's seal, signature, and date. If the warranty is art of an irri ator's contract, a separate warranty document is not required. 2. An irrigator's written warranty on new irrigation s sy terns must specify the irrigator's name, business address. and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated the Texas Commission on Environmental Quality TCEQ MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www: tceq.state.tx.us." 3. On all maintenance, alterations, re airs or services to existing irrigation systems, an irrigator shall resent the irrigation system's owner or owner's Ordinance No. 09-3512 Irrigation Ordinance Page 18 of 24 231 representative a written document that identifies the materials furnished in the maintenance, alteration, repair: ar service. If a warranty is provided, the irri ator shall abide by the terms. The warranty document must include the irrigator's name and business contact information, Sec. 20-330. Duties and Responsibilities of C~ Irrigation Inspectors. A licensed irrigation inspector shall enforce the ordinances of the City, and shall be responsible for: 1. Verifying that the appropriate ep rmits have been obtained for an irrigation system and that the irri ator and installer or irrigation technician, if applicable, are licensed; 2. Inspecting the irrigations sy tem; 3. Determining that the irrigation system complies with the requirements of this Chapter; ~ i 4. A_ customer service inspection to insure that cross connections do not exist on the property,. which includes the inside and outside hydrants and faucets. 5. Determining that the appropriate backflow prevention device was installed, tested, and test results provided to the City; 6. Investigating complaints related to irrigation system installation, maintenance, alterations, repairs, or services of an irrigation system and advertisement of irrigation services; and 7. Maintaining records according to this Chapter. Sec. 20-331. Items not covered ~ this Ordinance. Any item not covered ~ this Ordinance and required ~ law shall be governed the Texas Occupations Code, the Texas Water Code, Titie 30 of the Texas Administrative Code, and ~ other applicable state statute or Texas Commission on Environmental Quality rule. Sec. 20-332. Matters Not Covered; Fees. The C~ Council may create a schedule of fees for obtaining and renewing an irrigation ep rmit. These fees will be~in amounts sufficient to cover the City's costs in issuin and renewing the ep rmits, including, but not limited to. staff time and other overhead costs. This schedule is included in the Plainview Code of Ordinances, Chapter 20, Article X, Section 20-99, Permit and inspection fees. Ordinance No. 09-3512 Irrigation Ordinance Page 19 of 24 232 Sec. 20-333. Enforcement. 1. The C~i~t rr shall have the power to administer and enforce the provisions of this Chapter as may be required ~ governing law. Any ep rson, firm, corporation, or agent who shall violate a provision of this Chapter, or fails to comply therewith, or with ~ of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any_ violation of ~ provision of this Chapter is declared to be a nuisance. 2. ~ ep rson violating any provision of Chapter shall, upon conviction, be fined a sum not exceeding 2000.00. Each ~ that a provision of this Chapter is violated shall constitute a separate offense. An offense under this Chapter is a Class C misdemeanor, punishable ~ a fine of ~ to 2000.00. 3. Nothing in this Chapter shall be construed as a waiver of the City's right to bring a civil action to enforce the provisions of this Chapter and to seek remedies as allowed ~ law, including, but not limited to the following: A. Injunctive relief to rp events ecific conduct that violates the ordinance or to requires ecific conduct that is necessary for compliance with the ordinance; and B. Other available relief. SECTION III: The Plainview Code of Ordinances, Chapter 20, Article X, Section 20-99, Permits, Fees and Inspections, shall be and hereby is amended to add subsection 14, to read as follows: Sec. 20-99. Permit and inspection fees. Applications for permits either by phone or in person by the contractor must be secured prior to commencement of any work. Contractors may pay in advance or apply for an account to be paid once a month. Contractors will be billed monthly. If an approved contractor fails to pay their accounts within 15 days after the date of the billing statement, no permits can be issued to the contractor until the past due account has been paid in full. Fees are as follows: [TEXT UNCHANGED] 1. through 13. [TEXT UNCHANGED] 14. Minimum ep rmit fee is $90.00 for the first 75 heads lus 0.50 der head thereafter. Ordinance No. 09-3512 Irrigation Ordinance Page 20 of 24 233 SECTION IV: The Plainview Code of Ordinances, Chapter 20, Article XII, GENERAL REGULATIONS, Section 20-131. Conformance with Code, shall be and is hereby amended as follows: Sec. 20-131. Conformance with code. Section 102.3.2 is amended to read as follows: [TEXT UNCHANGED] rloomolJ fn ~nricti+i ito n core-~r-~to nfforico The Enforcement provision of this Chapter shall be set forth in the Plainview Code of Ordinances, Chapter 20, Article XXVIII, Section 20-333. SECTION V: The Plainview Code of Ordinances, Chapter 20, Article XII, GENERAL REGULATIONS, Section 603.3.2, Add the following exception, shall be and is hereby amended as follows: Sec. 603.3.2. Add the following exception: Exception: ~~rl~--~r-r~at~~ h-~rLfln~ni nrn~ior~4nrc ~niith~i it ~ r~hnmic~ . This Section of this Chapter shall be set forth in the Plainview Code of Ordinances, Chapter 20, Article XXVIII. Sections 603.4.6.1 through Section 603.4.6.4 are amended by adding the following to the end of each section: [TEXT UNCHANGED] Double check valve assembly See Plainview Code of Ordinances at Chapter 20. Article XXVIII SECTION VI: The Plainview Code of Ordinances, Chapter 20, Articles V and X, Definitions and Permits, Fees, and Inspections, Sections 20-41 and 20-95, shall be and is hereby repealed as to the following: Sec.20-41. Definitions. , , Ordinance No. 09-3512 Irrigation Ordinance Page 21 of 24 234 Sec. 20-95. Coo+~ ~Foc (~h~n~or i17F Ar+~c of R'I~ I icl~~i-n 'I,~RQ ~ s c~~~at-r ~- vim: o e s ~ s e o , dv°-~~t~{° R i I I n I n 1 /1,yr'~t~l-e--~5~ ~l~-t-l~r~-~ Q~~r-~ O r~ . too. Q~v2-~v-v°2a fig}: SECTION VII: If any provision, section, subsection, sentence, clause or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this Ordinance or the application thereby shall remain in effect, it being the intent of the Plainview City Council of the City of Plainview, Texas in adopting this Ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reasons of unconstitutionality of any other portion or provision. Ordinance No. 09-3512 Irrigation Ordinance Page 22 of 24 235 SECTION VIII: Nothing in this Ordinance shall be constructed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or prior Ordinance. Further, this Ordinance shall not affect any legal right or remedy of any character lost, impaired, or affected by this Ordinance. SECTION IX: All ordinances, parts of ordinances, resolutions, and parts of resolutions in conflict with this Ordinance are hereby repealed to the extent of conflict with this Ordinance. SECTION X: Provisions of this Ordinance are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. SECTION XI: All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict herewith, are hereby amended to conform with the provisions hereof. SECTION XII: A violation of this Ordinance is an offense punishable in accordance with the provisions stated hereinabove in this Ordinance. SECTION XIII: This Ordinance shall be in full force and effect upon its passage and publication as required by law. PASSED AND APPROVED on first reading this 24th day of February, 2009. PASSED AND APPROVED on second reading this 10th day of March, 2009. HN C. ANDE SON, MAYOR Ordinance No. 09-3512 Irrigation Ordinance Page 23 of 24 236 ATTEST: U Be inda Hinojosa, City Sec ary APPROVED AS TO CONTENT: Delwin Derrick, Chief Building Official APPROVED AS TO FORM: Leslie Spear Pea ce, City Attorney Ordinance No. 09-3512 Irrigation Ordinance Page 24 of 24