2008-302s:\our documents\ordinances\08\irrigation ordinance 2009.doc
ORDINANCE NO. ~ ~Q~
AN ORDINANCE CREATING ARTICLE XI OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS; 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 SEVERABILITY CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR A CRIMINAL PENALTY,
CLASS C MISDEMEANOR NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)
FOR VIOLATION OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council of the City of Denton, Texas 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 Denton, Texas; 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 aze 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 Denton, Texas;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Code of Ordinances shall be and hereby is amended by adding
Article XI in Chapter 28 to read as follows:
ARTICLE XI. IRRIGATION SYSTEMS
Sec. 28-441 Definitions.
The following words and terms, when used in this ordinance, have the following
meanings, unless the context cleazly indicates otherwise.
Air gap means a complete physical sepazation between the free flowing dischazge end of
a potable water supply pipeline and an open or non-pressure receiving vessel.
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Atmospheric Vacuum Breaker means 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 opens the air inlet port allowing air to enter and satisfy the
vacuum. Also known as an Atmospheric Vacuum Breaker Back-Siphonage Prevention
Assembly.
Backflow prevention means the mechanical prevention of reverse flow, or back
siphonage, of nonpotable water from an irrigation system into the potable water source.
Backflow prevention assembly means 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.
Completion of irrigation system installation means when the landscape imgation system
has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied
that the system is operating correctly. .
Consulting means the act of providing advice, guidance, review or recommendations
related to landscape irrigation systems.
Cross-connection means 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.
Design means 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, defming 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.
Design pressure means 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.
Double Check Valve means 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.
Emission device means 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 aze not
limited to, spray and rotary sprinkler heads, and drip irrigation emitters.
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Employed means 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 anemployer-employee relationship as defined
by 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 means the spacing of spray or rotary heads equal to the
manufacturer's published radius of the head.
Health hazard means across-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.
Hydraulics means the science of dynamic and static water; the mathematical computation
of determining pressure losses and pressure requirements of an irrigation system.
Impervious surface means a surface that has been compacted or covered with a layer of
material so that it is highly resistant to infiltration by water.
Inspector means a licensed plumbing inspector, water district operator, other
governmental entity, or irrigation inspector who inspects imgation systems and performs other
enforcement duties for a municipality or water district as an employee or as a contractor.
Installer means 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).
Irrigation inspector means 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).
Irrigation plan means 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.
Irrigation services means selling, designing, installing, maintaining, altering, repairing,
servicing, permitting, providing consulting services regarding, or connecting an irrigation system
to a water supply.
Irrigation system means an assembly of component parts that is permanently installed for
the controlled distribution and conservation of water to imgate 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 Texas Agricultural Code, §251.002.
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Irrigation technician means 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).
Irrigation zone means 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
sunshade ratio), topographic features (such as slope) and soil conditions (such as sand, loam,
clay, or combination) or for hydrological control.
Irrigator means 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.
Irrigator-in-Charge means 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 imgation technicians, and installing, selling,
maintaining, altering, repairing, or servicing a landscape irrigation system.
Landscape irrigation means the science of applying the necessary amount of water to
promote or sustain healthy growth of plant material or turf.
License means 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.
Mainline means a pipe within an irrigation system that delivers water from the water
source to the individual zone valves.
Maintenance checklist means 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.
Major maintenance, alteration, repair, or service means any activity that involves
opening to the atmosphere the irrigation main line at any point prior to the discharge side of any
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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.
Master valve means a remote control valve located after the backflow prevention device
that controls the flow of water to the irrigation system mainline.
Matched precipitation rate means the condition in which all sprinkler heads within an
irrigation zone apply water at the same rate.
New installation means an irrigation system installed at a location where one did not
previously exist.
Pass-through contract means 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 imgation system.
Pervious surface means a surface that is existing or covered with a layer of material so
that it will admit the passage, entrance, or infiltration by water.
Potable water means water that is suitable for human consumption.
Pressure Vacuum Breaker means 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.
Reclaimed water means domestic or municipal wastewater which has been treated to a
quality suitable for beneficial use, such as landscape irrigation.
Records of landscape irrigation activities means 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.
Reduced Pressure Principle Backflow Prevention Assembly means 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.
Static water pressure means the pressure of water when it is not moving.
Supervision means the on-the job oversight and direction by 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
irrigator or beginning January 1, 2009, an irrigation technician who is working under the
direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system.
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Water conservation means 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.
Zone flow means 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.
Zone valve means an automatic valve that controls a single zone of a landscape irrigation
system.
Sec. 28-442. Valid License Required.
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 Chapter 1903 of the
Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative
Code and required by Chapter 1301 of the Texas Occupations Code.
Exemptions:
A property owner is not required to be licensed in accordance with Texas Occupations
Code, Title 12, § 1903.002(c)(1) if he or she is performing imgation 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 Texas Occupations Code § 1903.002 for other exemptions to the licensing
requirement.
Sec. 28-443. Permit Required.
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 Building Inspection
Department. Any plan approved for a permit must be in compliance with the requirements of
this chapter.
Exemptions:
(1) An irrigation system that is an on-site sewage disposal system, as defined by Section
355.002, Health and Safety Code; or
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(2) An irrigation system used on or by an agricultural operation as defined by Section
251.002, Agriculture Code; or
(3) An irrigation system connected to a groundwater well used by the property owner for
domestic use.
Sec. 28-444. 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 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 International 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.
(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 i£
(A) the device is installed at a minimum of 12 inches above ground in a
location that will ensure that the assembly will not be 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.
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(C) Backflow prevention devices used in applications designated as health
hazards must be tested upon installation and annually thereafter.
(D) 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.
(E) If an irrigation system is connected to a potable water supply through a
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.
(F) The imgator 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.
Sec. 28-445. Specific Conditions and Cross-Connection Control
(a) Before any chemical is added to an irrigation system connected to the potable water
supply, the imgation system must be connected through a reduced pressure principle backflow
prevention assembly or air gap.
(b) Connection of any additional water source to an irrigation system that is connected to
the potable water supply can only be done if the imgation system is connected to the potable
water supply through areduced-pressure principle backflow prevention assembly or an air gap.
(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 device.
(d) 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:
(1) all imgation 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
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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.
Sec. 28-446. 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. 28-447. Irrigation Plan Design: Minimum Standards.
(a) An irrigator shall prepare an irrigation plan for each site where a new irrigation system
will be installed. The irrigator shall present the plan with an application for permit to the City
Building Inspection Department for a plan review and a permit. A paper copy of the city
approved irrigation plan must be on the job site 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
imgation system, variances from the original plan may be authorized by the licensed irrigator if
the variance from the plan does not:
(1) diminish the operational integrity of the irrigation system;
(2) violate any requirements of this ordinance; and
(3) go unnoted in red on the irrigation plan.
(b) 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 imgated, it must be noted on the imgation
plan.
(c) All imgation plans used for construction must be drawn to scale. The plan must include,
at a minimum, the following information:
(1) the irrigator's seal, signature, and date of signing;
(2) all major physical features and the boundaries of the areas to be watered;
(3) a North arrow;
(4) a legend;
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(5) the zone flow measurement for each zone;
(6) location and type of each:
(A) controller; and
(B) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze);
(7) location, type, and size of each:
(A) water source, such as, but not limited to a water meter and point(s) of
connection;
(B) backflow prevention device;
(C) water emission device, including, but not limited to, spray heads, rotary
sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays;
(D) valve, including but not limited to, zone valves, master valves, and isolation
valves;
(E) pressure regulation component; and
(F) main line and lateral piping.
(8) the scale used; and
(9) the design pressure.
Sec. 28-448. Design and Installation: Minimum Requirements.
(a) 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.
(b) Spacing.
(1) The maximum spacing between emission devices must not exceed the
manufacturer's published radius or spacing of the device(s). The radius or spacing
is determined by referring to the manufacturer's published specifications for a
specific emission device at a specific operating pressure.
(2) 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
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heads aze used in a new imgation system, the sprinkler heads must direct flow
away from any adjacent surface and shall not be installed closer than four inches
from a hazdscape, such as, but not limited to, a building foundation, fence,
concrete, asphalt, pavers, or stones set with mortaz.
(3) Narrow paved walkways, jogging paths, golf cart paths or other small areas
located in cemeteries, parks, golf courses or other public azeas may be exempted
from this requirement if the runoff drains into a landscaped area.
(c) 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.
(d) Piping. Piping in imgation 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.
(e) Irrigation Zones. Irrigation systems shall have sepazate zones based on plant material
type, microclimate factors, topographic features, soil conditions, and hydrological requirements.
(f) 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.
(g) Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick,
wood, stones set with mortaz, or any other impervious material, such as, but not limited to, walls,
fences, sidewalks, streets, etc.
(h) Master valve. When provided, a master valve shall be installed on the dischazge side
of the backflow prevention device on all new installations.
(i) PVC pipe primer solvent. All new irrigation systems that aze installed using PVC pipe
and fittings shall be primed with a colored primer prior to applying the PVC cement in
accordance with the International Plumbing Code (Section 605).
(j) 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 imgation 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.
(k) Isolation valve. All new irrigation systems must include an isolation valve between
the water meter and the backflow prevention device.
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(1) Depth coverage of piping. Piping in all irrigation systems must be installed according
to the manufacturer's published specifications for depth coverage of piping.
(1) 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.
(2) 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 provide a minimum of two inches of select backfill between the top of
the pipe and the natural grade of the topsoil.
(3) All trenches and holes created during installation of an irrigation system must
be backfilled and compacted to the original grade.
(m) Wiring irrigation systems.
(1) 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.
(2) Electrical wiring that connects any electrical components of an imgation
system must be sized according to the manufacturer's recommendation.
(3) Electrical wire splices which may be exposed to moisture must be waterproof
as certified by the wire splice manufacturer.
(4) Underground electrical wiring that connects an automatic controller to any
electrical component of the imgation system must be buried with a minimum of
six inches of select backfill.
(n) Water contained within the piping of an irrigation system is deemed to be non-
potable. 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. If a hose bib (an outdoor
water faucet that has hose threads on the spout) is connected to an irrigation system for the
purpose of providing supplemental water to an area, the hose bib must be installed using a quick
coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any
hoses connected to the bib must be labeled "non potable, not safe for drinking." An isolation
valve must be installed upstream of a quick coupler connecting a hose bib to an imgation
system.
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(o) 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 onsite, the irrigator shall be responsible for ensuring that a licensed
irrigation technician is on-site to supervise the installation of the irrigation system.
Sec. 28-449. 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 four 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 imgator or imgation 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
currentJreal 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
Imgation 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:
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(a) irrigator's name
(b) irrigator's license number
(c) company name
(d) telephone number
(e) dates of warranty period
(4) The irrigation plan indicating the actual installation of the system must be provided to
the irrigation system's owner or owner representative.
Sec. 28-450. Inspections .
(a) The irrigator shall call for an Imgation Rough-in Inspection after the installation of
the irrigation lines, the backflow protection device, the isolation valve, and before the system is
backfilled.
(b) The irrigator shall call for a Final Irrigation Inspection after the imgation system is
completed and ready for service. The final installation shall include, but not be limited to: the
freeze sensor and the rain sensor. The irrigator shall demonstrate each zone of the irrigation
system for the inspector.
Sec. 28-451. Maintenance, Alteration, Repair, or Service of Irrigation Systems.
(a) 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 imgator or business owner is not responsible for the professional negligence of any other
irrigator who subsequently conducts any imgation service on the same irrigation system.
(b) 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.
(c) 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
International Plumbing Code (Section 605).
(d) 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.
Sec. 28-452. Reclaimed Water.
Reclaimed water may be utilized in landscape irrigation systems if:
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(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 imgation 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(1) (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.
Sec. 28-453. Advertisement Requirements.
(a) 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.
(b) All forms of written and electronic advertisements for irrigation services must display
the irrigator's license number in the form of "LI ." 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 imgator's
license number.
(c) 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.
Sec. 28-454. Duties and Responsibilities of City Irrigation Inspectors.
A licensed irrigation inspector shall enforce the ordinance of the City, and shall be
responsible for:
(a) verifying that the appropriate permits have been obtained for an imgation system and
that the irrigator and installer or irrigation technician, if applicable, are licensed;
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(b) inspecting the irrigation system;
(c) determining that the irrigation system complies with the requirements of this chapter;
(d) determining that the appropriate backflow prevention device was installed, tested, and
test results provided to the City;
(e) investigating complaints related to irrigation system installation, maintenance,
alteration, repairs, or service of an irrigation system and advertisement of irrigation
services; and
(f) maintaining records according to this chapter.
Sec. 28-455. Items not covered by this ordinance.
Any item not covered by their ordinance 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. 28-456. Fees.
Prior to the issuance of any building permit required by this article, a fee as established
by the City council and on file in the office of the City secretary shall accompany the application
for such permit, payable to the City, for the issuance of the permit and any inspections to be
made.
Sec. 28-457. 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 the ordinance codified in this chapter is declazed to
be a nuisance.
(b) Any person violating any provision of chapter shall, upon conviction, be fined a sum
not exceeding $2000.00. Each day that a provision of this chapter is violated shall
constitute a sepazate offense. An offense under this chapter is a Class C misdemeanor,
punishable by a fine of up to $2000.00.
(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 the ordinance or to
require specific conduct that is necessary for compliance with the ordinance; and
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(2) Other available relief.
SECTION 2. If any provision of this ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provision or applications,
and to this end the provision of this ordinance are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict with the
provision of this ordinance aze hereby repealed, and all other provisions of the ordinances of the
City or Denton, not in conflict with the provision of this ordinance, shall remain in full force and
effect.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed two thousand dollazs ($2,000.00). Each day that a
provision of this Ordinance is violated shall constitute a separate and distinct offence.
SECTION 5. This ordinance shall become effective January 1, 2008, and the City
Secretary is hereby directed to cause the caption of this ordinance to be published twice in the
Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the ~ day of , 2008
MARK A. BURROUGHS, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: . ~ w < <,.,