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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 35-152 RAIN SENSING DEVICES AND FREEZE GAUGES.
   (a)   Any commercial or industrial customer class irrigation system installed within the city on or after June 1, 2006 must be equipped with properly working rain and freeze sensors.
   (b)   Any commercial or industrial customer class irrigation system installed before June 1, 2006 may not be operated after June 1, 2007 without being equipped with properly working rain and freeze sensors.
   (c)   The potable water supply to lawn irrigation system shall be protected against backflow in accordance with the city’s backflow and cross-connection control program, city code §§ 12.5-525 through 12.5-599. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of § 12.5-532.
   (d)   Any residential customer class irrigation system installed within the city on or after June 1, 2007 must be equipped with properly working rain and freeze sensors.
   (e)   It shall be unlawful for any person to knowingly or recklessly install, operate or cause or permit the installation of or the operation of, an irrigation system in violation of subsections (a) through (d) above on premises owned, leased or managed by that person.
(Ord. 17901, § 1, passed 12-4-2007)
§ 35-154 ESSENTIAL SERVICES.
   The governmental use of water for essential services such as police, fire and emergency services which are necessary to preserve or protect the health, safety and welfare of the citizens of Fort Worth are exempt from any and all restrictions or mandates set forth in this article.
(Ord. 17901, § 1, passed 12-4-2007)
§ 35-155 ADMINISTRATIVE FEE.
   The director or the director’s designee may assess an administrative fee, in addition to any criminal penalty assessed for a violation of this article as described below. Each day that a violation occurs shall constitute a separate violation.
   (a)   In-ground irrigation systems violations.
      (1)   The director may install a locking device on a double check valve to the irrigation system found to be operating in violation of this article and shall assess an administrative fee as approved by city council.
      (2)   Notice shall be left on the premises to advise the owner/operator that the double check valve to the irrigation system has been turned off.
      (3)   Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person that the irrigation system has been turned off and locked. The notice shall also state the amount of the assessed administrative fee and shall advise the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
   (b)   Violations for systems without double-check valves or in-ground irrigations systems.
      (1)   The director shall leave notice on the premises to advise the owner/operator that the person was in violation of watering restrictions and may assess an administrative fee as approved by city council.
      (2)   Notice shall also be sent by United States postal service to the person recorded as the city’s water customer notifying that person of the assessment of administrative fees and advising the person of the procedures for payment of the fees and the procedure to request a hearing to contest the assessment of the administrative remedy.
   (c)   Locking device. It shall be unlawful for any person to tamper with, cause damage to or remove a locking device placed on a check value by the director or the director’s representative.
(Ord. 17901, § 1, passed 12-4-2007)
§ 35-156 PROCEDURES FOR PAYING ADMINISTRATIVE FEES OR REQUESTING A HEARING ON THE FEES.
   (a)   A person assessed an administrative fee who wishes to re-establish service to the irrigation system is required to make payment of the assessed fee.
   (b)   A person may request a hearing to protest the assessment of an administrative fee. To request a hearing, the water customer must make the request in person to the water department within 15 business days from the date on the written notice of violation. If a locking device was installed it shall remain in place until the conclusion of the hearing and payment of any required fee.
   (c)   The director or his or her designee shall act as the hearing officer. The director shall evaluate all information offered by the petitioner at the hearing. The petitioner making the request for a hearing shall bear the burden of proof to show by a preponderance of the evidence, why the administrative fee should not be assessed. The hearing officer will provide a decision at the time of the hearing or within three business days following the conclusion of the hearing.
   (d)   Payment of any fees assessed at the hearing must be made within seven business days of the decision from the hearing. Any fees not paid within this time limit shall be added to the customer’s next water bill.
   (e)   A person may elect to pay the administrative fee without requesting a hearing. Any fees not paid within 15 business days from the date of the written notice shall be added to the person’s next water bill.
(Ord. 17901, § 1, passed 12-4-2007)
§ 35-157 RE-ESTABLISHMENT OF SERVICE TO DOUBLE CHECK VALVES THAT HAVE BEEN LOCKED OFF.
   The locking device will be removed by the director or his or her designee within three working days after payment is received from customer.
(Ord. 17901, § 1, passed 12-4-2007)
ARTICLE VII: INSTALLATION AND MAINTENANCE OF IRRIGATION SYSTEMS
§ 35-158 DEFINITIONS.
   In this article:
   AIR GAP. A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel.
   ALTER (ALTERATION). Any modification of an existing irrigation system where 20% or more of the original system is altered; and/or when additional zones are added to the existing system.
   AUTOMATIC CONTROLLER. A solid state timer capable of operating valve stations to set the days, time of day and length of time water is applied.
   BACKFLOW PREVENTION. The mechanical prevention of the flow in the direction opposite to the normal flow; or the introduction of any foreign liquids, gases or substances into the public water system.
   BACKFLOW PREVENTION ASSEMBLY. An approved assembly to counteract backpressure or prevent backsiphonage. This assembly must appear on the list of approved assemblies issued by the City of Fort Worth water department.
   COMPLETION OF IRRIGATION SYSTEM INSTALLATION. The time 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.
   CROSS-CONNECTION. Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system or any other assembly which contains, or may contain, contaminated water, domestic sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be CROSS- CONNECTIONS.
   DESIGN. 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.
   DESIGN PRESSURE. 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. 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. Any device that is contained within an irrigation system and that is used to apply water including, but not limited to, spray and rotary sprinkler heads, and drip irrigation emitters.
   EMPLOYED. 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.
   IRRIGATION INSPECTOR. A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor as required under Tex. Administrative Code Title 30, Chapter 30.
   IRRIGATION PLAN. 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. Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply.
   IRRIGATION SYSTEM. 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 Tex. Agricultural Code § 251.002.
   IRRIGATION TECHNICIAN. 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 as required under Tex. Administrative Code Title 30, Chapter 30.
   IRRIGATION ZONE. 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.
   IRRIGATOR. 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, required to be licensed under Tex. Administrative Code Title 30, Chapter 30.
   LANDSCAPE IRRIGATION. The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf.
   LICENSE. An occupational license that is issued by the Texas commission on environmental quality under Tex. Administrative Code Title 30, Chapter 30.
   MAINLINE. A pipe within an irrigation system that delivers water from the water source to the individual zone valves.
   MASTER VALVE. A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline.
   MATCHED PRECIPITATION RATE. The condition in which all sprinkler heads within an irrigation zone apply water at the same rate.
   NEW INSTALLATION. An irrigation system installed at a location where one did not previously exist.
   POTABLE WATER. Water that is suitable for human consumption.
   RECLAIMED WATER. Reclaimed water that is collected through a publicly owned treatment works and is under the direct control of the city wastewater treatment plants or a wastewater treatment plant with which the city contracts, and that has been treated to a quality that meets or exceeds Chapter 210 requirements of Tex. Administrative Code Title 30.
   SUPERVISION. 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.
   ZONE FLOW. 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. An automatic valve that controls a single zone of a landscape irrigation system.
(Ord. 18444-01-2009, § 1, passed 1-13-2009)
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