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HomeMy WebLinkAboutItem 08 - Irrigation Code MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER " P'-"' MEETING DATE: FEBRUARY 17, 2009 SUBJECT: AMENDMENTS TO CHAPTER 7 BUILDINGS AND CONSTRUCTION, RELATIVE TO ARTICLE XII, IRRIGATION CODE; AMENDING CHAPTER 25 UTILITIES AND SERVICES, RELATIVE TO ARTICLE V, SECTIONS 25-147 AND 25-148; OF THE GRAPEVINE CODE OF ORDINANCES. RECOMMENDATION: Staff recommends City Council consider the proposed amendments to Chapter 7 Buildings and Construction, relative to Article XII, Irrigation Code, in addition to amending Chapter 25 Utilities and Services, relative to Article V, Sections 25-147, and 25-148, and take any necessary action. BACKGROUND INFORMATION: On June 4, 2008, the Texas Commission on Environmental Quality (TCEQ) adopted rules relative to irrigation systems in response to House Bill 1656, House Bill 4, and Senate Bill 3, 80th Texas Legislature. These rules require municipalities with a population of more than 20,000 to adopt a landscape irrigation program to verify that the design and installation of irrigation systems comply with the provisions contained within the rules. The stated intent of House Bill 1656 was that many irrigation systems were being installed without local permitting or inspection, and that many systems were poorly designed or used excessive amounts of water. The rules adopted by TCEQ address all aspects of landscape irrigation including requirements for specific licensing and conduct for those who design and install irrigation systems, local regulation and inspection backflow and cross connection, specific system design, installation and maintenance, and advertising and warranty. While the City of Grapevine currently has an Irrigation Ordinance in place, it is not as specific as the rules adopted by TCEQ. Therefore, this draft ordinance amends the current requirements to meet those contained within the TCEQ document. Following is a section by section explanation of the changes: ANALYSIS OF SIGNIFICANT AMENDMENTS Section 7-221 Registration and Licensing of Irrigation Contractors Paragraph (a) securing permits by unregistered irrigating contractors declared unlawful is amended to provide wording relative to State License requirements. Previously, this section only addressed registration, and not licensing. February 10,2009(8:37AM) Section 7-222 Compliance with State Law Requirements This is a new section that references the requirement for compliance with State Law and the TCEQ rules. This section adopts Chapter 344 of the Texas Administrative Code by Reference. Adopting this rule by reference eliminates the need to repeat this lengthy document word for word in our Code of Ordinances. Most, if not all, area cities are adopting the State requirements by reference. Section 7-223 Certification of compliance required This is a new section that requires the irrigation contractor to submit to the city, certification that the irrigation system complies with all requirements. The new State rules already require this certification to be submitted to the customer. Section 7-224 and Section 7-225 Lawn and landscape irrigation and water conservation, rain and freeze sensing devices, backflow protection These are new sections in Chapter 7, but use language taken from Chapter 25 Utilities and Services. This allows all requirements for irrigation systems and their use to be placed together for easier reference. Wording was strengthened in Section 7-224, paragraph (c) (1) to make it clear that it is a violation to spray water onto the street, or to allow substantial runoff into the street. Slight revisions were made to the wording in the new Section 7-225, paragraph (d) to reference the most current plumbing code and compliance with State Law. Section 25-147 and Section 25-148 Lawn and landscape irrigation and water conservation, rain and freeze sensing devices, backflow protection As described above, these are existing sections in the Utilities and Services chapter that are being slightly modified. Wording was strengthened in Section 25-147, paragraph (c) (1) to make it clear that it is a violation to spray water onto the street, or to allow substantial runoff into the street. Slight revisions were made to the wording in the new Section 25-148, paragraph (d) to reference the most current plumbing code and compliance with State Law. SW/cc February 12,2009(9:23AM) \\,,AOL ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 7 BUILDINGS AND CONSTRUCTION, ARTICLE XII IRRIGATION CODE; IN ADDITION TO AMENDING CHAPTER 25 UTILITIES AND SERVICES, SECTIONS 25-147 AND 25-148; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas, has recognized the need to regulate the design and installation of irrigation systems; and WHEREAS, the 85th Texas Legislature adopted House Bill 1656 regulating landscape irrigation; and WHEREAS, House Bill 1656, requires any municipality in the State of Texas with a population over 20,000 to enforce the provisions of House Bill 1656, and any related rules adopted by the Texas Commission on Environmental Quality; and WHEREAS, the Texas Commission on Environmental Quality has written rules in response to House Bill 1656, including, but not limited to the regulation of irrigators, irrigation installers, irrigation technicians, irrigation practice, backflow and cross connection control, standards for the design installation and maintenance of landscape irrigation systems; and WHEREAS, the City Council of the City of Grapevine, has determined that the passage of this ordinance is in the best interest of the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 7 Buildings and Construction, Article XII, Irrigation Code is hereby amended by the addition of the following: Section 7-221. Registration and licensing of irrigating contractors paragraph (a) is hereby amended to read as follows: "Section 7-221. Registration and licensing of irrigating contractors. (a) Securing permits by unregistered or unlicensed irrigating contractors declared unlawful. It shall be unlawful for any person, firm or corporation who is not registered by the city as an irrigating contractor to secure permits as provided herein. Each irrigating contractor shall register annually with the city at the beginning of each year prior to doing irrigation work within the city in any current year. The irrigating contractor shall furnish the name or names of persons who are authorized to sign permit applications. It shall be unlawful for any one who is not licensed in accordance with State Law and/or Texas Commission on Environmental Quality rules to secure permits or perform irrigation work not in compliance with Chapter 334 of the Texas Administrative Code. " {Remainder of section unchanged} Addition of new Section 7-222 to read as follows: "Section 7-222. Compliance with State Law required. The standards of conduct and requirements for irrigators, installers, irrigation technicians, irrigation practice, backflow and cross connection control, standards for designing, installing and maintaining landscape irrigation systems shall comply with all Federal, State and local laws regulating same, including but not limited to House Bill 1656 adopted by the 85th Texas Legislature, the Texas Commission on Environmental Quality rules regulating landscape, irrigation, and all city ordinances pertaining to landscape, irrigation, all of which may be amended from time to time. Chapter 344 Landscape Irrigation of the Texas Administrative Code as may be from time to time be amended is hereby adopted by reference as the Irrigation Code for the city. " Addition of new Section 7-223 to read as follows: "Section 7-223. Certification of compliance required. Prior to requesting an inspection of the irrigation system, a signed and sealed statement of compliance on the Irrigation Contractor's letterhead shall be submitted to the city. This certification shall state: This irrigation system has been installed in accordance with all applicable State and Local laws, ordinances, rules, regulations and 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. " ORD. NO. 2 Ask Addition of new Section 7-224 to read as follows: "Section 7-224. Lawn and landscape irrigation and water conservation. Lawn and landscape irrigation restrictions: (a) Irrigation or watering of any lawn or landscape is prohibited between the hours of 10:00 a.m. and 6:00 p.m. at all times throughout the year. (b) Except for hand watering and the use of soaker hoses, a person commits an offense if that person irrigates, waters, or causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased, or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. at any time during the year. (c) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes: (1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that the water is sprayed from sprinkler heads or overflows from the lawn or landscape onto a street or other drainage area; or (2) An irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (d) A person commits an offense if, on premises owned, leased, or managed by that person, he operates a lawn or landscape irrigation system or device that: (1) Has any broken or missing sprinkler head; or (2) Has not been properly maintained in a manner that prevents the waste of water. (e) The city manager or his designee may mandate a two day per week watering schedule based on the following watering zones. (1) Zone "A"--North of the Cottonbelt Railroad Corridor, Tuesday and Friday. (2) Zone "B"--South of the Cottonbelt Railroad Corridor, Wednesday and Saturday. " Addition of new Section 7-225 to read as follows: " Section 7-225. Rain and freeze sensing devices, backflow protection. ORD. NO. 3 (a) Any commercial or industrial customer class irrigation system installed within the city on or after August 1, 2006, must be equipped with rain and freeze sensors. (b) Any commercial or industrial customer class irrigation system installed before August 1, 2006, may not be operated after August 1, 2007, without being equipped with rain and freeze sensors. (c) Any residential customer class irrigation system installed within the city on or after August 1, 2006, must be equipped with rain and freeze sensors. (d) The potable water supply to lawn irrigation systems shall be protected against backflow in accordance with the city's backflow and cross-connection control program. Backflow and cross-connection devices are required to be inspected and tested in accordance with all State Laws and the Plumbing Codes and Ordinances adopted by the city. Testing shall be performed by a Texas Commission on Environmental Quality certified backflow testing agency and test results shall be submitted to the city on forms provided by the city prior to requesting inspection. " Section 3. That Chapter 25 Utilities and Services, Article V, Division 3, is hereby amended by amending subsection 25-147 (c) (1), and by correcting a typographical error to renumber the remainder of the subsection as (d) and (e). "(1) A substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that the water is sprayed from sprinkler heads or overflows from the lawn or landscape onto a street or other drainage area; or " Section 4. That Chapter 25 Utilities and Services, Article V, Division 3, is hereby amended by amending subsection 25-148 heading and subsections (c) and (d) to read as follows: "Section 25-148. Rain and freeze sensing devices, backflow protection. (c) Any residential customer class irrigation system installed within the city on or after August 1, 2006, must be equipped with rain and freeze sensors. (d) The potable water supply to lawn irrigation systems shall be protected against backflow in accordance with the city's backflow and cross-connection control program. Backflow and cross-connection devices are required to be inspected and tested in accordance with all State Laws and the Plumbing Codes and Ordinances adopted by the city. Testing shall be performed by a Texas Commission on Environmental Quality certified backflow testing agency and test results shall be submitted to the city on forms provided by the city prior to requesting inspection. " Section 5. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not ORD. NO. 4 Ark to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 6. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 7. That if any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 17th day of February, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 5