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HomeMy WebLinkAboutOrdinance No. 2009-02 (Title: An ordinance adopting standards for the installation of irrigation systems.) ORDINANCE NO. 2009-02 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY AMENDING SECTIONS 14-253 AND 14-254 OF CHAPTER 14, ARTICLE IV "PLUMBING CODE" TO ADOPT STANDARDS FOR THE INSTALLATION OF IRRIGATION SYSTEMS; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING THAT PERMITS FOR CONNECTIONS TO THE POTABLE WATER SOURCE, WATER METER AND THE INSTALLATION OF BACKFLOW PREVENTION DEVICES ON IRRIGATION SYSTEMS SHALL BE ISSUED ONLY TO QUALIFIED PERSONS LICENSED BY THE STATE OF TEXAS; AND ESTABLISHING A PENALTY OF AN AMOUNT NOT TO EXCEED $500.00 FOR VIOLATION OF ANY i PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. I WHEREAS, pursuant to Chapter 401, Local Government Code, as amended during the 80th Legislative Session, municipalities having populations of 20,000 or more are required'to adopt certain standards regarding the installation of irrigation systems; and WHEREAS, the City Council deems it necessary and appropriate to approve certain amendments to the City's Code of Ordinances to comply with the mandates of Chapter 401, Local Government Code, as amended by the 80`h Legislature; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY FRIENDSWOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. Article IV "Plumbing Code" of Chapter 14 of the Code of Ordinances of the City of Friendswood, Texas, which adopted the International Plumbing Code, 2003 Edition, together with certain amendments thereto, is hereby further amended as set forth below. Woids being deleted are indicated by brackets and strike throughs, as follows: "[deleted]." Words being added are indicated by underline, as follows: "underline." Additions to words or phrases underscored in the existing ordinance text are indicated by a double underline, as follows: "ordinances." i Chapter 14 Buildings and Building Regulations, Article IV "Plumbing Code" is hereby amended by amending section 14-253 and section 14-254 to read and provide as follows: "ARTICLE IV. PLUMBING CODE Sec. 14-253. Amendments. The 2003 Edition of the International Plumbing Code, as adopted in section 14-253 above, is hereby amended as follows: Section 101.1. Section 101.1 is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Plumbing Code of the City of Friendswood, Texas,hereinafter sometimes referred to as "this code." Section 106.6.2. Section 106.6.2 is hereby amended to read as follows: 106.6.2 Fee schedule. The fees for permits required hereunder shall be in accordance with the schedule of fees as established from time to time by the city council,and as more fully set forth in appendix D to the Friendswood City Code. Section 106.6.3. Section 106.6.3 is hereby amended to read as follows: 106.6.3.Fee refunds.The code official shall authorize the refunding of fees where the full amount of any fee paid hereunder was erroneously paid or collected. Section 109.2. Section 109.2 is hereby amended to read as follows: 109.2 Membership of the board of appeals. The board shall be appointed by the city council of the city and the qualifications of members of the board, and the terms for which such members shall serve, shall be as determined by the city council. The city council may remove any member of the board at any time, with or without cause, regardless of whether such member has been appointed for a definite or an indefinite term. Section 305.6.1. Section 305.6.1 is hereby amended to read as follows: 305.6.1. Sewer depth. Building sewers, which connect to private sewage disposal systems, shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade. Section 904.1. Section 904.1.is hereby amended to read as follows: 904.1. Roof extension. All open vent pipes that extend through a roof shall be terminated at least six inches above the roof, except that where a roof is to be used for any purpose other tlIan weather protection,the vent extensions shall be run at least seven feet(2,134 mm)above the roof. f. Section 608.16.5 Section 608.16.5 is hereby amended to read as follows: A. Irrigation systems shall be installed in accordance with this Section and other applicable rules and regulations of the city. Ord 2009-02 2 i B. Irrigation system design drawings shall be prepared by a master plumber whose license number shall appear on the drawings, or by a Texas Professional Engineer, a licensed irrigation installer, or a licensed Landscape Architect. The latter three (3) professionals shall seal, sign and date their drawings. C. It shall be unlawful for any person for hire to install all or any part of an irrigation system within the City unless that person holds a master plumber license issued by the Texas State Board of Plumbing Examiners or a valid installer's license issued by the Texas Commission on Environmental Ouality ("TCEO"), in accordance with Section 1903.251, Texas Occupations Code, now or as hereafter amended. A The owner of the property on which an irrigation system is to be installed may install all of the irrigation system with the exception of the connection to the potable water source, the water meter and the required backflow prevention device, each of which must be installed and appropriately connected by a qualified person as noted in Subsection C above. E. It sball be unlawful for any person to install all or any portion of an irrigation system without having first received a permit therefor from the City. An irrigation installation permit for the installation of the connection to the potable water source, the water meter and the required backflow prevention device shall not be issued to any person who is not a qualified person as noted in Subsection C above. i F. The City shall have no obligation to maintain or protect, or to repair or replace, all or any part of an irrigation system, existing or future, that is located within a public right-of-way or easement, that is damaged or destroyed, or required to be removed, incident to or as:a result of roadway and/or utility or drainage construction, maintenance or operation. j G. Exemptions to the above permit requirements are: (1) syste I s associated with on-site sewage disposal systems; (2) irrigation systems used on or by an agriculture operation; or (3) irrigation systems connected to a groundwater well used for domestic purposes. Sec. 14-254. Penalty for violation of article. Ord 2009-02 3 Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined pursuant to section 1-14. , except that a violation of Section 608.16.5 shall be subiect to a fine in an amount not to exceed $500.00.7 Section 3. Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction,shall be fined in an amount not to exceed$500. Section 4. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED and APPROVED on first reading this the 23rd day of February,2009. PASSED, APPROVED, and ADOPTED on second and final reading this the 23rd day of March,2009. i David J.H. Smith Mayor ATTEST: F FRifto >i O S� O 1 D oAris McKenzie, TRM u p City Secretary Ord 2009-02 4 E (%i