ORDINANCE NO. 429
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOLFFORTH AMENDING THE CITY OF WOLFFORTH CODE OF ORDINANCES CHAPTER THREE, BUILDING REGULATIONS, BY ADDING ARTICLE 3.11, IRRIGATION SYSTEMS, TO ESTABLISH THE MINIMUM STANDARDS FOR INSTALLATION OF IRRIGATION SYSTEMS WITHIN THE CITY LIMITS OF THE CITY; PROVIDING FOR PUBLICATION; AND PROVIDING A REPEAL OF CONFLICTING ORDINANCE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wolfforth has determined that water conservation and environmental protection are important issues and concerns affecting the city;
WHEREAS, properly-installed irrigation systems will conserve water, help avoid wasteful use, and improve the overall quality of life for the citizens of WOLFFORTH;
WHEREAS, the City Council has determined that it is in the best interest of the citizens of Wolfforth that the provisions herein should be adopted to promote and protect the health, safety, and welfare of the public by protecting the City’s water supply.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOLFFORTH, TEXAS, THAT:
Part 1. Enacted.
THAT the City of Wolfforth Code of Ordinances is hereby amended by adding Article 3.11 entitled, “Irrigation Systems” which shall read as follows:
ARTICLE 3.11 IRRIGATION SYSTEMS
Sec. 3.11.001 Valid license required
(a) Any person who connects an irrigation system to the water supply within the City must hold a valid license, as defined by Title 30 Texas Administrative Code Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Title 22 of the Texas Administrative Code Chapter 365 and required by Chapter 1301 of the Texas Occupations Code.
(b) Exemptions: a property owner is not required to be licensed in accordance with Texas Occupations Code Section 1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned and occupied by the person as the person’s home and homestead property. A home or property owner who installs an irrigation system must meet the standards contained in Title 30 Texas Administrative Code Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. The City may at any point adopt more stringent requirements for a home or property owner who installs an irrigation system.
Sec. 3.11.002 Permit required
(a) Any person installing an irrigation system within the territorial limits of the City shall first submit system installation plans and obtain a permit from the public works department of the City. Any plan approved for a permit must be in compliance with the requirements of this chapter.
(1) An irrigation system that is an on-site sewage disposal system, as defined by Health and Safety Code Section 366.002; or
(2) An irrigation system used on or by an agricultural operation as defined by Agriculture Code Section 251.002.
Sec. 3.11.003 Irrigation system design, installation and operation
Within the City and its extraterritorial jurisdiction, all irrigation systems shall be designed, installed, maintained and operated in accordance with Texas Commission on Environmental Quality (TCEQ) rules adopted under Title 30 Texas Administrative Code Chapter 344, rules for landscape irrigation, said rules, as amended, being adopted by reference and incorporated for all purposes herein.
Sec. 3.11.004 Backflow Prevention Methods and Devices
a Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the TCEQ. The backflow prevention device must be approved by the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or any 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.
(b) If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow:
(1) An air gap may be used if:
(A) there is an unobstructed physical separation; and
(B) 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.
(2) Reduced pressure principle backflow prevention assemblies may be used if:
A the assembly is installed with the termination point a minimum of twelve (12) inches above finished grade in a location that will ensure that the assembly will not become submerged; and
(B) drainage is provided for any water that may be discharged through the assembly relief valve.
(3) Pressure vacuum breakers may be used if:
(A) no back-pressure condition will occur; and
(B) the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler.
(4) Atmospheric vacuum breakers may be used if:
(A) no back-pressure will be present;
(B) there are no shutoff valves downstream from the atmospheric vacuum breaker;
(C) the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler;
(D) there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and
(E) 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.
(c) Backflow prevention assemblies used in applications designated as health hazards must be tested upon installation and annually thereafter.
(d) If there are no conditions that present a health hazard, double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and test cocks are used for testing only.
(e) If a double check valve is installed below ground:
(1) test cocks must be plugged, except when the double check valve is being tested;
(2) test cock plugs must be threaded, water-tight, and made of non-ferrous material;
(3) a y-type strainer is installed on the inlet side of the double check valve;
(4) there must be a clearance between any fill material and the bottom of the double check valve to allow space for testing and repair; and
(5) there must be space on the side of the double check valve to test and repair the double check valve.
(6) Double check assemblies must be tested upon installation and every 3 years thereafter.
(f) If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed.
(g) The irrigator shall ensure the backflow prevention device is tested prior to being placed into 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 testing of the backflow prevention assembly.
(h) The City is not responsible for any pressure loss created by the installation of a backflow assembly.
Sec. 3.11.005 Specific Conditions and Cross-Connection Control
a Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap.
b Connection of any auxiliary water supply to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced pressure backflow prevention assembly or an air gap separation.
c Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow assembly.
(d) If an irrigation system is designed or installed on a property that is served by an onsite sewage facility, as defined in Title 30 Texas Administrative Code Chapter 285, then:
(1) all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in Title 30 Texas Administrative Code Section 285.91(10);
(2) any connections using a private or public potable water source that is not the City’s potable 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
(3) any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively.
(e) Quick couplers or hose connections of any type installed within the irrigation system shall require the proper installation of a reduced pressure backflow prevention assembly. The assembly shall be tested upon installation and annually thereafter.
Sec. 3.11.006 Duties and responsibilities of the city plumbing inspectors
A licensed plumbing inspector shall enforce this article and shall be responsible for:
(1) Verifying that the appropriate permits have been obtained for an irrigation system and that the irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed;
(2) Inspecting the irrigation system;
(3) Determining that the irrigation system complies with the requirements of this chapter;
(4) Determining that the appropriate backflow prevention device was installed, tested and test results provided to the city;
(5) Investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and
(6) Maintaining records according to this chapter and submitting them to the City as soon as complete.
Sec. 3.11.007 Items not covered by this article
Any item not covered by this article and required by law shall be governed by the Texas Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code, and any other applicable state statute or Texas Commission on Environmental Quality rule.
Sec. 3.11.008 Fees
Permit fees shall be the equivalent of a minimum plumbing permit fee. Inspection and testing fees shall be the responsibility of the property owner.
Sec. 3.11.009 Enforcement
(a) The City shall have the power to administer and enforce the provisions of this chapter as may be required by governing law. Any person, firm, corporation or agent who shall violate a provision of this code, or fails to comply therewith, or with any of the requirements thereof, is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this article is declared to be a nuisance.
(b) Any person violating any provision of this chapter shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this chapter is violated shall constitute a separate offense. An offense under this chapter is a class C misdemeanor, punishable by a fine of up to $2,000.00.
(c) 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 by law, including, but not limited to the following:
(1) Injunctive relief to prevent specific conduct that violates this article or to require specific conduct that is necessary for compliance with this article; and
(2) Other available relief.
PART 2. Repeal.
All ordinances or part of ordinances in conflict herewith are hereby repealed to the extent of the conflict with this Ordinance.
PART 3. Publication
The City Secretary is authorized and direct to publish the caption and penalty prescribed by this ordinance in accordance with State Law.
PART 4. Severability
If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Wolfforth in adopting and of the Mayor in approving this Ordinance, that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision or regulation, and to this end all provisions of this Ordinance are declared to be severable.
PART 5. Effective Date.
This Ordinance shall be in force and effect from and after its publication.
Passed by the City Council this 4th day of February, 2013.