The International Plumbing Code, 2021 edition, and appendixes thereto, and subsequent amendments and additions, is hereby adopted by reference as though it were copied herein word for word except for the local amendments provided for in section 3.02.202.
(Ordinance 2874 adopted 10/22/18; Ordinance
3116 adopted 10/23/2023)
The International Plumbing Code is amended to provide the following:
(1)
No
person shall install, nor shall any landowner or person in control
of real property within the city, install a lawn sprinkler or irrigation
piping system, as that term is defined or used in the International
Plumbing Code, without first applying for and obtaining a permit for
its installation. No person, landowner or person in control of real
property shall install a faucet or hose bib attached to a lawn sprinkler
system or irrigation piping system when such system is attached to
a water meter which allows water usage without charge for sanitary
sewer service. It shall be unlawful for any person to install, use
or maintain a lawn sprinkler or irrigation piping system for any purpose
other than the irrigation of vegetation when such system is attached
to a separate water meter which allows water usage free of sanitary
sewer usage fees.
(Ordinance 2874 adopted 10/22/18; Ordinance
3116 adopted 10/23/2023)
(a)
Air gas.
Atmospheric vacuum breaker.
Backflow prevention.
Backflow prevention assembly.
Completion of irrigation system installation.
Consulting.
Cross connection.
Design.
Design pressure.
Double check valve.
Emission device.
Employed.
Head-to-head spacing.
Health hazard.
Hydraulics.
Inspector.
Installer.
Irrigation inspector.
Irrigation plan.
Irrigation services.
Irrigation system.
Irrigation technician.
Irrigation zone.
Irrigator.
Irrigator-in-charge.
Landscape irrigation.
License.
Mainline.
Maintenance checklist.
Major maintenance, alteration, repair, or service.
Master valve.
Matched precipitation rate.
New installation.
Pass-through contract.
Potable water.
Pressure vacuum breaker.
Reclaimed water.
Records of landscape irrigation activities.
Reduced pressure principle backflow prevention assembly.
Static water pressure.
Supervision.
Water conservation.
Zone flow.
Zone valve.
Definitions.
The following words and terms, when
used in this division, have the following meanings, unless the context
clearly indicates otherwise:
A complete physical separation between the free-flowing discharge
end of a potable water supply pipeline and an open or nonpressure
receiving vessel.
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 backsiphonage.
At the same time it opens the air inlet port allowing air to enter
and satisfy the vacuum. Also known as an "atmospheric vacuum breaker
backsiphonage prevention assembly."
The mechanical prevention of reverse flow, or backsiphonage,
of nonpotable water from an irrigation system into the potable water
source.
Includes any assembly used to prevent backflow into a potable
water system. The type of assembly used is based on the existing or
potential degree of health hazard and backflow condition.
When the landscape irrigation system has been installed,
all minimum standards met, all tests performed, and the irrigator
is satisfied that the system is operating correctly.
The act of providing advice, guidance, review or recommendations
related to landscape irrigation systems.
An actual or potential connection between a potable water
source and an irrigation system that may contain contaminates or pollutants
or any source of water that has been treated to a lesser degree in
the treatment process.
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, defining the scope of
the project, defining plant watering needs, selecting and laying out
emission devices, locating system components, conducting hydraulics
calculations, identifying any local regulatory requirements, or scheduling
irrigation work at a site. Completion of the various components will
result in an irrigation plan.
The pressure that is required for an emission device to operate
properly. Design pressure is calculated by adding the operating pressure
necessary at an emission device to the total of all pressure losses
accumulated from an emission device to the water source.
Includes 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 backflow prevention assembly."
Any 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, spray and rotary sprinkler
heads, and drip irrigation emitters.
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. A person is
employed if that person is in an employer-employee relationship as
defined by Internal Revenue Code, 26 USC 3212(d) based on the behavioral
control, financial control, and the type of relationship involved
in performing employment related tasks.
Includes the spacing of spray or rotary heads equal to the
manufacturer's published radius of the head.
A cross connection or potential cross connection with an
irrigation system that involves any substance that may, if introduced
into the potable water supply, cause death or illness, spread disease,
or have a high probability of causing such effects.
The science of dynamic and static water; the mathematical
computation of determining pressure losses and pressure requirements
of an irrigation system.
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.
A person who actually connects an irrigation system to a
private or public raw or potable water supply system or any water
supply, who is licensed according to title 30, Texas Administrative
Code, chapter 30 (relating to occupational licenses and registrations).
A person 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 (relating to occupational licenses
and registrations).
A scaled drawing of a landscape irrigation system which lists
required information, the scope of the project, and represents the
changes made in the installation of the irrigation system.
Includes the selling, designing, installing, maintaining,
altering, repairing, servicing, permitting, providing consulting services
regarding, or connecting an irrigation system to a water supply.
An assembly of component parts that is permanently installed
for the controlled distribution and conservation of water to irrigate
any type of landscape vegetation in any location, and/or to reduce
dust or control erosion. This term does not include a system that
is used on or by an agricultural operation as defined by V.T.C.A.,
Agricultural Code § 251.002.
A person who works under the supervision of a licensed irrigator
to install, maintain, alter, repair, service or supervise installation
of an irrigation system, including the connection of such system in
or to a private or public, raw or potable water supply system or any
water supply, and who is required to be licensed under title 30, Texas
Administrative Code, chapter 30 (relating to occupational licenses
and registrations).
Includes a subdivision of an irrigation system with a matched
precipitation rate based on plant material type (such as turf, shrubs,
or trees), microclimate factors (such as sun/shade ratio), topographic
features (such as slope) and soil conditions (such as sand, loam,
clay, or combination) or for hydrological control.
A person who sells, designs, offers consultations regarding,
installs, maintains, alters, repairs, services 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 water
supply, and who is required to be licensed under title 30, Texas Administrative
Code, chapter 30.
The irrigator responsible for all irrigation work performed
by an exempt business owner, including, but not limited to obtaining
permits, developing design plans, supervising the work of other irrigators
or irrigation technicians, and installing, selling, maintaining, altering,
repairing, or servicing a landscape irrigation system.
The science of applying the necessary amount of water to
promote or sustain healthy growth of plant material or turf.
An occupational license that is issued by 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 by title 30, Texas Administrative Code,
chapter 30.
A pipe within an irrigation system that delivers water from
the water source to the individual zone valves.
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 system, including,
but not limited to: checking and repairing the irrigation system,
setting the automatic controller, checking the rain or moisture sensor,
cleaning filters, pruning grass and plants away from irrigation emitters,
using and operating the irrigation system, the precipitation rates
of each irrigation zone within the system, any water conservation
measures currently in effect from the water purveyor, the name of
the water purveyor, a suggested seasonal or monthly watering schedule
based on current evapotranspiration data for the geographic region,
and the minimum water requirements for the plant material in each
zone based on the soil type and plant material where the system is
installed.
Any activity that involves opening to the atmosphere the
irrigation main line at any point prior to the discharge side of any
irrigation zone control valve. This includes, but is not limited to,
repairing or connecting into a main supply pipe, replacing a zone
control valve, or repairing a zone control valve in a manner that
opens the system to the atmosphere.
A remote control valve located after the backflow prevention
device that controls the flow of water to the irrigation system mainline.
The condition in which all sprinkler heads within an irrigation
zone apply water at the same rate.
An irrigation system installed at a location where one did
not previously exist.
A written contract between a contractor or builder and a
licensed irrigator or exempt business owner to perform part or all
of the irrigation services relating to an irrigation system.
Water that is suitable for human consumption.
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 backsiphonage prevention assembly."
Domestic or municipal wastewater which has been treated to
a quality suitable for beneficial use, such as landscape irrigation.
The irrigation plans, contracts, warranty information, invoices,
copies of permits, and other documents that relate to the installation,
maintenance, alteration, repair, or service of a landscape irrigation
system.
An assembly containing two independently acting approved
check valves together with a hydraulically operating mechanically
independent pressure differential relief valve located between the
two check valves and below the first check valve.
The pressure of water when it is not moving.
The on-the-job oversight and direction by a licensed irrigator
who is fulfilling his 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 irrigator or,
beginning January 1, 2009, an irrigation technician who is working
under the direction of a license irrigator to install, maintain, alter,
repair or service an irrigation system.
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 applies the least amount of water
that is required to maintain healthy individual plant material or
turf, reduce dust, and control erosion.
A measurement, in gallons per minute or gallons per hour,
of the actual flow of water through a zone valve, calculated by individually
opening each zone valve and obtaining a valid reading after the pressure
has stabilized. For design purposes, the zone flow is the total flow
of all nozzles in the zone at a specific pressure.
An automatic valve that controls a single zone of a landscape
irrigation system.
(b)
Valid license required.
(1)
Any person who connects an irrigation system to the water supply
within the city or the city's extraterritorial jurisdiction,
commonly referred to as the ETJ, must hold a valid license, as defined
by title 30, Texas Administrative Code, chapter 30 and required by
V.T.C.A., Occupations Code chapter 1903, or as defined by chapter
365, title 22 of the Texas Administrative Code and required by V.T.C.A.,
Occupations Code chapter 1301.
(2)
Exemptions: A property owner is not required to be licensed
in accordance with V.T.C.A., Occupations Code § 1903.002(c)(1)
if he is performing irrigation work in a building or on a premises
owned or occupied by the person as the person's 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 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. See V.T.C.A., Occupations Code § 1903.002
for other exemptions to the licensing requirement.
(c)
Permit required.
(1)
Any person installing an irrigation system within the territorial
limits or extraterritorial jurisdiction of the city is required to
obtain a permit from the city. Any plan approved for a permit must
be in compliance with the requirements of this division.
(2)
Exemptions:
(A)
An irrigation system that is an on-site sewage disposal system,
as defined by V.T.C.A., Health and Safety Code § 355.002;
(B)
An irrigation system used on or by an agricultural operation
as defined by V.T.C.A., Agriculture Code § 251.002; or
(C)
An irrigation system connected to a groundwater well used by
the property owner for domestic use.
(d)
Backflow prevention methods and devices.
(1)
Any irrigation system that is connected to the potable water
supply must be connected through a backflow prevention method approved
by the Texas Commission on Environmental Quality (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 the Uniform Plumbing
Code; 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.
(2)
If conditions that present a health hazard exist, one of the
following methods must be used to prevent backflow:
(A)
An air gap may be used if:
(B)
Reduced pressure principle backflow prevention assemblies may
be used if:
(D)
Atmospheric vacuum breakers may be used if:
(i)
No back-pressure will be present;
(ii)
There are no shutoff valves downstream from the
atmospheric vacuum breaker;
(iii)
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;
(iv)
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
(v)
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)
Backflow prevention devices used in applications designated
as health hazards must be tested upon installation and annually thereafter.
(4)
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.
(A)
If a double check valve is installed below ground:
(i)
Test cocks must be plugged, except when the double
check valve is being tested;
(ii)
Test cock plugs must be threaded, watertight,
and made of non-ferrous material;
(iii)
A y-type strainer is installed on the inlet side
of the double check valve;
(iv)
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
(v)
There must be space on the side of the double check
valve to test and repair the double check valve.
(5)
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.
(6)
If an irrigation system is connected to a potable water supply
through a double check valve, pressure vacuum breaker, or reduced
pressure principle backflow assembly and includes an automatic master
valve on the system, the automatic master valve must be installed
on the discharge side of the backflow prevention assembly.
(7)
The irrigator shall ensure the backflow prevention device is
tested by a licensed backflow prevention assembly tester prior to
being placed 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 testing of the backflow
prevention device.
(e)
Specific conditions and cross-connection control.
(1)
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.
(2)
Connection of any additional water source 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 principle backflow prevention assembly or an air
gap.
(3)
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 device.
(4)
If an irrigation system is designed or installed on a property
that is served by an on-site sewage facility, as defined in title
30, Texas Administrative Code, chapter 285, then:
(A)
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);
(B)
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
(C)
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.
(f)
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 subsection of this section.
(g)
Irrigation plan design; minimum standards.
(1)
An irrigator shall prepare an irrigation plan for each site
where a new irrigation system will be installed. A paper or electronic
copy of the irrigation plan must be on the jobsite at all times during
the installation of the irrigation system. A drawing showing the actual
installation of the system is due to each irrigation system owner
after all new irrigation system installations. During the installation
of the irrigation system, variances from the original plan may be
authorized by the licensed irrigator if the variance from the plan
does not:
(2)
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.
(3)
All irrigation plans 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 signing;
(B)
All major physical features and the boundaries of the areas
to be watered;
(C)
A north arrow;
(D)
A legend;
(E)
The zone flow measurement for each zone;
(G)
Location, type, and size of each:
(i)
Water source, such as, but not limited to a water
meter and point(s) of connection;
(ii)
Backflow prevention device;
(iii)
Water emission device, including, but not limited
to, spray heads, rotary sprinkler heads, quick-couplers, bubblers,
drip, or micro-sprays;
(iv)
Valve, including but not limited to, zone valves,
master valves, and isolation valves;
(v)
Pressure regulation component; and
(vi)
Main line and lateral piping;
(H)
The scale used areas from heads showing head-to-head coverage
(added so plan can show all coverage areas, per TCEQ rules); and
(I)
The design pressure.
(h)
Design and installation: minimum requirements.
(1)
No irrigation design or installation shall require the use of
any component, including the water meter, in a way which exceeds the
manufacturer's published performance limitations for the component.
(2)
Spacing.
(A)
The maximum spacing between emission devices must not exceed
the manufacturer's published radius or spacing of the devices.
The radius or spacing is determined by referring to the manufacturer's
published specifications for a specific emission device at a specific
operating pressure.
(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 system, the sprinkler heads must direct flow away
from any adjacent surface and shall not be installed closer than (4)
inches from a hardscape, such as, but not limited to, a building foundation,
fence, concrete, asphalt, pavers, or stones set with mortar.
(C)
Narrow paved walkways, jogging paths, golf cart paths or other
small areas located in cemeteries, parks, 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 by the manufacturer for the nozzle and head
spacing 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)
Piping.
Piping 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 per second for polyvinyl chloride (PVC) pipe.
(5)
Irrigation zones.
Irrigation systems shall have
separate zones based on plant 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 irrigate
at the same precipitation rate.
(7)
No-spray surface.
Irrigation systems shall not
spray water over surfaces made of concrete, asphalt, brick, wood,
stones set with mortar, or any 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 primer solvent.
All new irrigation systems
that are installed using PVC pipe and fittings shall be primed with
a colored primer prior to applying the PVC cement in accordance with
the Uniform Plumbing Code (section 316) or the International Plumbing
Code (section 605).
(10)
Rain or moisture shut-off devices or other technology.
All new automatically controlled irrigation systems must include
sensors or other technology designed to inhibit or interrupt operation
of the irrigation system during periods of moisture or rainfall. Rain
or moisture shut-off technology must be installed according to the
manufacturer's published recommendations. Repairs to existing
automatic irrigation systems that require replacement of an existing
controller must include a sensor or other technology designed to inhibit
or interrupt operation of the irrigation system during periods of
moisture or rainfall.
(11)
Isolation valve.
All new irrigation systems must
include an isolation valve between the water meter and the backflow
prevention device.
(12)
Depth coverage of piping.
Piping in all irrigation
systems must be installed according to the manufacturer's published
specifications for depth coverage of piping.
(A)
If the manufacturer has not published specifications
for depth coverage of piping, the piping must be installed to provide
minimum depth coverage of six inches of select backfill, between the
top of the pipe and the natural grade of the topsoil. 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 backfill may be mounded over the
pipe. Mounding must be noted on the irrigation plan and discussed
with the irrigation system owner or owner's representative to
address any safety issues.
(B)
If a utility, manmade 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.
(C)
All trenches and holes created during installation
of an irrigation system must be backfilled and compacted to the original
grade.
(13)
Wiring irrigation systems.
(A)
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.
(B)
Electrical wiring that connects any electrical
components of an irrigation system must be sized according to the
manufacturer's recommendation.
(C)
Electrical wire splices which may be exposed to
moisture must be waterproof as certified by the wire splice manufacturer.
(D)
Underground electrical wiring that connects an
automatic controller to any electrical component of the irrigation
system must be buried with a minimum of six inches of select backfill.
(14)
Nonpotable water.
Water contained within the piping
of an irrigation system is deemed to be nonpotable. No drinking or
domestic water usage, such as, but not limited to, filling swimming
pools or decorative fountains, shall be connected to an irrigation
system.
(15)
Irrigation technician.
Beginning January 1, 2010,
either a licensed irrigator or a licensed irrigation technician shall
be on-site at all times while the landscape irrigation system is being
installed. When an irrigator is not on site, the irrigator shall be
responsible for ensuring that a licensed irrigation technician is
on site to supervise the installation of the irrigation system.
(i)
Completion of irrigation system installation.
Upon completion of the irrigation system, the irrigator or irrigation
technician who provided supervision for the on-site installation shall
be required to complete three items:
(1)
A final "walk through" with the irrigation system's owner
or the owner's representative to explain the operation of the
system;
(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 irrigation system's owner or owner's
representative is unwilling or unable to sign the maintenance checklist,
the irrigator 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 given the original maintenance checklist and a duplicate copy of
the maintenance checklist shall be maintained by 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 (spring, summer, fall, winter) watering schedule
based on either current/real time evapotranspiration or monthly historical
reference evapotranspiration (historical ET) data, monthly effective
rainfall estimates, plant landscape coefficient factors, and site
factors;
(C)
A list of components, such as the nozzle, or 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 period shall be affixed to each automatic controller installed
by the irrigator or irrigation technician. If the irrigation system
is manual, the sticker shall be affixed to the original maintenance
checklist. The information contained on the sticker must be printed
with waterproof ink and include the irrigation plan indicating the
actual installation of the system must be provided to the irrigation
system's owner or owner's representative.
(j)
Maintenance, alteration, repair, or service of irrigation systems.
(1)
The licensed irrigator is responsible for all work that the
irrigator performed during the maintenance, alteration, repair, or
service of an irrigation system during the warranty period. The irrigator
or business owner is not responsible for the professional negligence
of any other irrigator who subsequently conducts any irrigation service
on the same irrigation system.
(2)
All trenches and holes created during the maintenance, alteration,
repair, or service of an irrigation system must be returned to the
original grade with compacted select backfill.
(3)
Colored PVC pipe primer solvent must be used on all pipes and
fittings used in the maintenance, alteration, repair, or service of
an irrigation system in accordance with the Uniform Plumbing Code
(section 316) or 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, an isolation valve shall be installed, if an isolation valve
is not present.
(k)
Reclaimed water (not utilized by all cities; optional).
Reclaimed water may be utilized in landscape irrigation systems
if:
(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 lines
that do not belong to the irrigation system's owner;
(3)
The irrigation system is installed using purple components;
(4)
The domestic potable water line is connected using an air gap
or a reduced pressure principle backflow prevention device, in accordance
with title 30, Texas Administrative Code, section 290.47(i) (relating
to appendices);
(5)
A minimum of an eight-inch by eight-inch sign, in English and
Spanish, is prominently posted on/in the area that is being irrigated,
that reads: "RECLAIMED WATER — DO NOT DRINK" and "AGUA DE RECUPERACION
- NO BEBER"; and
(6)
Backflow prevention on the reclaimed water supply line shall
be in accordance with the regulations of the city's water provider.
(l)
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 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. Any form
of advertisement, including business cards, and estimates which displays
an entity's or individual's name other than that of the
licensed irrigator 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 plain
view for the purpose of addressing complaints at the permanent structure
where irrigation business is primarily conducted and irrigation records
are kept.
(m)
Contracts.
(1)
All contracts to install an irrigation system must be in writing
and signed by each party and must specify the irrigator's name,
license number, business address, current business telephone numbers,
the date that each party signed the agreement, the total agreed price,
and must contain the statement: "Irrigation in Texas is regulated
by 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." 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 systems must include
the irrigator's name, license number, business address, current
business telephone numbers, and the statement: "Irrigation in Texas
is regulated by 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)
An individual who agrees by contract to provide irrigation services
as defined in title 30, Texas Administrative Code, section 344.30
(relating to license required) shall hold an irrigator license issued
under title 30, Texas Administrative Code, chapter 30 (relating to
occupational licenses and registrations) unless the contract is a
pass-through contract as defined in title 30, Texas Administrative
Code, section 344.1(36) (relating to definitions). If a pass-through
contract includes irrigation services, then the irrigation portion
of the contract can only be performed by a licensed irrigator. If
an irrigator installs a system pursuant to a pass-through contract,
the irrigator shall still be responsible for providing the irrigation
system's owner or 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. A pass-through contract must identify
by name and license number the irrigator that will perform the work
and must provide a mechanism for contacting the irrigator for irrigation
system warranty work.
(4)
The contract must include the dates that the warranty is valid.
(n)
Warranties for systems.
(1)
On all installations of new irrigation systems, an irrigator
shall present 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 irrigator 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 provide the irrigation system's
owner or the owner's representative with applicable information
regarding the manufacturer's warranty period. The warranty must
include the irrigator's seal, signature, and date. If the warranty
is part of an irrigator's contract, a separate warranty document
is not required.
(2)
An irrigator's written warranty on new irrigation systems
must specify the irrigator's name, business address, and business
telephone numbers, 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
by 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, 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 shall abide by the
terms. The warranty document must include the irrigator's name
and business contact information.
(o)
Duties and responsibilities of city irrigation inspectors.
A licensed irrigation inspector shall enforce the ordinance
of the city, and shall be responsible for:
(1)
Verifying that the appropriate permits have been obtained for
an 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 section;
(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 section.
(p)
Items not covered by this section.
Any item not
covered by their section 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.
(q)
Fees.
The city council may create a schedule of
fees for obtaining and renewing an irrigation permit. These fees will
be in amounts sufficient to cover the city's costs in issuing
and renewing the permits, including, but not limited to, staff time
and other overhead costs.
(r)
Enforcement.
(1)
The city shall have the power to administer and enforce the
provisions of this division 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 the ordinance codified in
this division is declared to be a nuisance.
(2)
Any person violating any provision of this division shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that
a provision of this division is violated shall constitute a separate
offense. An offense under this division is a class C misdemeanor,
punishable by a fine of up to $2,000.00.
(3)
Nothing in this division shall be construed as a waiver of the
city's right to bring a civil action to enforce the provisions
of this division and to seek remedies as allowed by law, including,
but not limited to the following:
(Ordinance 3135 adopted 4/8/2024)
