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Ord 070-93 6/15/1993 Ordinance No. Io-7,r AN ORDINANCE AMENDING APPENDIX B, ARTICLE I, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS; ADOPTING THE STANDARD PLUMBING CODE, 1991 EDITION, AS REVISED IN 1992- 1993, WITH CERTAIN AMENDMENTS AND DELETIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The publication entitled "Standard Plumbing Code", 1991 edition, as revised in 1992-1993, a copy of which authenticated by the signature of City Clerk, is on file in the City Clerk's office, is hereby adopted as the Wichita Falls Plumbing Code as fully as if copied at length herein and the "Standard Plumbing Code, " 1988 Edition, as revised in 1989, is hereby repealed in its entirety. SECTION 2 . The following amendments and deletions are made in the "Standard Plumbing Code" as adopted herein: (1) Amend Subsection 102. 5 to read as follows: "102 . 5 Unsafe Plumbing. (a) All plumbing installations, regardless of type, which are unsanitary or which constitute a hazard to human life, health or welfare, or which admit storm or groundwater to the sanitary sewer, are hereby declared illegal, and shall be abated by repair and rehabilitation, or by demolition or by replacement. Any plumbing systems on vacant lots or lots with buildings being moved or taken down must be disconnected at the public sewer as recommended by the plumbing inspector. (b) Wherever the existence of any faulty installations are brought to the attention of the plumbing inspector, he shall notify in writing, by certified mail, the property owner and all other persons having an interest in said property as shown by the City's tax roll, that the property contains a plumbing installation which is illegal as defined in Subsection (a) . The notification shall state that the owner must rehabilitate, demolish or repair such faulty installation. The notice shall state that the owner shall be given such reasonable time, not exceeding ten (10) days, or as may be necessary to complete the work or act required by the notice provided for herein. (c) If the illegal plumbing installation has not been abated after the ten (10) days have elapsed, the plumbing inspector may cause water service to be property containing the illegal plumbing installation to be discontinued. " (2) Section 105 is hereby amended in its entirety to read as follows: "105. Board of Adjustments and Appeals. Page 1R of 3n Pages Agenda Item No. T 105. 1. Board Established; Composition. The Plumbing and Mechanical Board of Adjustments and Appeals has been established by Ordinance No. 15-89 and same is hereby incorporated in this Code as follows: The Board shall consist of nine (9) members. Such Board shall be composed of: One (1) Master Plumber One (1) Journeyman Plumber Two (2) Air Conditioning Contractors One (1) Mechanical Engineer One (1) Mechanical Contractor One (1) Lone Star Gas Company Representative One (1) Representative from Home Building Industry One (1) Member at large with no direct financial interest in the construction industry 105.2 . Terms of Members. Members shall serve two (2) year staggered terms. Terms shall expire on December 31, but each member shall continue to serve until his or her successor is appointed. No member shall serve more than four (4) consecutive terms. 105. 3 . Election of Chairman and Co-Chairman; Duration. The Board Chairman and Co-Chairman shall be separately selected by a majority vote of the Board. The Chairman and Co-Chairman shall serve in such capacity for the duration of their appointed term. 105.4. Appeals. The Board is authorized to reverse or modify a refusal, order, or disallowance of the Plumbing and Mechanical Inspector, or vary the application of any provision of the Plumbing Code or Mechanical Code, when properly appealed by any aggrieved party. Appeal to the Board shall be allowed upon the following conditions: 1. Whenever the Plumbing and Mechanical Inspector shall reject or refuse to approve the manner of installation proposed to be followed or materials to be used, 2 . Or, when it is claimed that the provisions of the Plumbing Code or Mechanical Code do not apply, 3 . Or, that an equally good or more desirable form of construction can be employed in a specific case, 4. Or, when it is claimed that the true intent and meaning of the Code or any of the regulations thereunder have been misconstrued or wrongly interpreted. 5. Notice of appeal shall be in writing upon forms provided by the Plumbing and Mechanical Inspector and such appeal shall be filed Pager of 30 Pages Agenda Item No. • within thirty (30) days after the decision is rendered by the Plumbing and Mechanical Inspector or his designee. 105.5. Decisions of the Board. 105.5. 1. Variances. A variance of the application of the Plumbing Code or Mechanical Code may be granted by the Board when, in its opinion, the enforcement of thereof would do a manifest injustice, and would be contrary to the spirit and purpose of the Plumbing Code or Mechanical Code or public interest, or when in its opinion, the interpretation of the Plumbing and Mechanical Inspector should be modified or reversed. 105.5.2 . Decision are Final. A decision of the Board to vary the application of any provision of the Mechanical Code or Plumbing Code or to modify an order of the PLumbing and Mechanical Inspector shall specify in what manner such variation or modification is made, the conditions upon which it is made and reasons therefore. Every decision of the Board shall be final, subject, however, to such remedy as an aggrieved party might have at law or in equity. It shall be in writing and shall indicate the vote upon decision. 105.5. 3 . Recommendations. In addition to acting on appeals, the Board shall, from time to time, as may be necessary, submit recommendations to the City Council for the adoption of new codes or ordinances. 105. 6. Quorum. Five (5) members of the Board shall constitute a quorum. In varying any application of the provisions of the Plumbing Code or the Mechanical Code, or in modifying an order of the Plumbing and Mechanical Inspector, affirmative votes of the majority present, but not less than five (5) affirmative votes, shall be required. 105.7. Conflict of interest. A Board member shall not act in any case in which he or she has a personal interest. 105.8. Absence of Board Members. Continued absence of any member from regular meetings of the Board shall, at the discretion of the City Council, render any member liable to immediate removal from office. 105.9. Records. The Plumbing and Mechanical Inspector or his designee shall act as secretary of the Board and shall make a detailed record for all Board proceedings, which shall set forth the reasons for its decisions, the vote of each member, and any failure of a member to vote. Such written Paget() of 30 Pages Agenda Item No. • record, so taken in form of Board Minutes, shall be reviewed and approved by the Board at the next regularly scheduled meeting. Such approved minutes, along with any decisions of the Board, shall be submitted to the City Council for acceptance. 105. 10. Procedure. The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code. The Board shall meet at regular intervals, to be determined by the Chairman, or in any event, the Board shall meet within 10 days after notice of appeal has been received. Every decision shall be promptly filed in writing in the office of the Mechanical Official and shall be open to public inspection. A certified copy shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the Mechanical Official for two (2) weeks after filing. 105. 11. Decisions. The Plumbing and Mechanical Board of Adjustments and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. If a decision of the Plumbing and Mechanical Board of Adjustments and Appeals reverses or modifies a refusal, order, or disallowance of the Mechanical Official, or varies the application of any provision of this Code, the Mechanical Official shall immediately take action in accordance with the decision. " (3) Section 107 is hereby admended to read as follows: "107. Enforcement, Legal Procedure and Penalties. It shall be the duty of the Building & Code Administrator or his designee to enforce this ordinance. Any person, firm, corporation or agent who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provision of the ordinance shall be guilty of a misdemeanor offense punishable by the fine not less than Fifty ($50. 00) Dollars nor to exceed Five Hundred ($500.00) Dollars. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and each day that the violation is maintained shall constitute a separate offense. The application of such penalty shall not be held to prevent the enforced removal of prohibited conditions. " (4) There shall be added Section 108, which shall read as follows: "108. Licensing and Bonding of Plumbers. 108. License required. (a) It shall be unlawful for any person, firm, corporation or agent to engage in the practice of plumbing in Wichita Falls without first securing from the State of Texas a proper license issued by the State Board of Plumbing Examiners at Austin, Texas, pursuant to The Plumbing License Law, Vernon's Ann. Civ. Stat. , Art. 6243-101, as it may be amended from time to time. Page 21 of 30 Pages Agenda Item No. (b) It shall be unlawful for any person, firm, corporation or agent to represent themselves as a registered and licensed plumber of any class set out in this code, or to use falsely the words, plumbing contractor, journeyman plumber, or plumber, or words of similar import or meaning on signs, cards, stationary, or by other misleading manner whatsoever within the City of Wichita Falls, unless said person, firm, corporation or agent is, in fact, registered and holds a valid license within the meaning of the words used and as provided in this code. (c) No person, firm, corporation or agent shall be able to apply or pay for any inspection fee, permit fee, excavation fee or tap fee without presentation of the proper bond and a valid state master plumber's license. " (5) There shall be added a Subsection 108.2 , which shall read as follows: "108.2 . Registration required. Any person, company, firm, partnership or corporation desiring to engage in the business of plumbing within the corporate limits of the City of Wichita Falls, Texas, shall register with the City of Wichita Falls, in the plumbing inspector's office, the correct name, address and telephone number under which they will be doing business. " (6) There shall be added a Subsection 108. 3 , which shall read as follows: "108.3 . Bond Requirements. (a) All persons, firms, corporations, or agents before engaging in the plumbing business, shall execute and deliver to the City of Wichita Falls a surety bond in the sum of Two Thousand ($2,000.00) Dollars, payable to the City of Wichita Falls and executed by a company authorized to do business in the State of Texas. All bonds shall meet the requirements stated herein. (b) Bonds shall be conditioned that all plumbing work shall be done so that it complies with all the provisions and requirements of this ordinance and other ordinances of the City relating to plumbing. The bonds shall be further conditioned that the City of Wichita Falls will be fully indemnified against all loss and damage resulting from or in any way growing out of any negligence of the principal, their agents or employees. All bonds shall contain the further provision that the principal will restore, or cause to be restored, in the same manner as before any portion of any street or alley that was in any way disturbed for the purpose of making any connection with any water, sewer or gas pipe in the City. (c) The bond shall be for the use and benefit of the City and any person having a cause of action arising out of the plumbing work done, by reason of failure to comply with the plumbing regulations of the City by the principal. Once the plumbing inspector has disapproved the work, the inspection shall notify the principal of the changes necessary for compliance. Any failure or refusal by the principal to Page 22 of 30 Pages Agenda Item No. rectify the work so as to make it comply, then after three (3) days from the time notice was given, it shall be the duty of the sureties on the bond to make the required changes. In default of the principal or the sureties on the bond performing the same, the owner or the City for the owner's benefit, may have recourse against the principal and sureties on the bond. (d) All bonds shall run the calendar year and be renewed on January 1, and no plumbing work shall be done and no permits issued to any contracting plumber unless they have a bond in force for the ensuing year. " (7) There shall be added a Subsection 108.4, which shall read as follows: "108.4. Homeowner's Permit. A plumbing permit may be issued to a homeowner to do plumbing work provided that the person applying for the permit resides at the address to which the permit is issued and they are solely responsible for the completion of that work and work must be in compliance with State and City codes. " (8) There shall be added a Section 109, which shall read as follows: "109. Lettering of Equipment. No person, firm, corporation or partnership shall operate plumbing trucks of any kind in the City of Wichita Falls without the person's or firm's name painted in a prominent place on such equipment. " (9) There shall be added Section 110, which shall read as follows: "110. Licensing and Bonding of Irrigators. 110. 1. License Required. (a) It shall be unlawful for any person, firm, corporation or agent, who are not licensed plumbers, to engage in the practice of irrigation installation in Wichita Falls without first securing from the State of Texas a proper license issued by the State Board of Irrigators at Austin, Texas, pursuant to The Licensed Irrigators Act, Vernon's Ann. Civ. Stat. , Art. 8751, as it may be amended from time to time. (b) It shall be unlawful for any person, firm, corporation or agent to represent themselves as a registered and licensed irrigator or to use falsely the words irrigator or licensed irrigator, or words of similar import or meaning on signs cards, stationery, or by other misleading manner whatsoever within the City of Wichita Falls, unless said person, firm or corporation is, in fact, registered and holds a valid license within the meaning of the words used and as provided in this code. Pagae 23of 30 Pages Agenda Item No. (c) No person, firm, corporation or agent shall be able to apply or pay for any inspection fee, permit fee, excavation fee or tap fee without presentation of the proper bond and a valid state irrigator's license. (10) There shall be added Subsection 110.2 , which shall read as follows: "110.2 . Registration Required. Any person, company, firm, partnership or corporation desiring to engage in the business of irrigation installation within the corporate limits of the City of Wichita Falls, Texas, and is not a licensed plumber of any class set out in this code, shall register with the City of Wichita Falls, in the plumbing inspector's office, the correct name, address and telephone number under which they will be doing business. (11) There shall be added Subsection 110. 3, which shall read as follows: "110. 3 . Bond Requirements. (a) All persons, firms or corporations, before engaging in the irrigation installation business, shall execute and deliver to the City of Wichita falls, a surety bond in the sum of Two Thousand ($2, 000. 00) Dollars, payable to the City of Wichita Falls and executed by a company authorized to do business in the State of Texas. All bonds shall meet the requirements stated herein. (b) Bonds shall be conditioned that all irrigation installation work shall be done so that it complies with all the provisions and requirements of this ordinance and other ordinances of the City relating to plumbing. The bonds shall be further conditioned that the City of Wichita Falls will be fully indemnified against all loss and damage resulting from or in any way growing out of any negligence of the principal, their agents or employees. All bonds shall contain the further provision that the principal will restore, or cause to be restored, in the same manner as before, any portion of any street or alley that was in any way disturbed for the purpose of making any connection with any water, sewer or gas pipe in the City. (c) The bond shall be for the use and benefit of the City and any person having a cause of action arising out of the irrigation installation work done, by reason of failure to comply with plumbing regulations of the City by the principal. Once the plumbing inspector has disapproved the work, the inspector shall notify the principal of the changes necessary for compliance. Any failure or refusal by the principal to certify the work so as to make it comply, then after three (3) days from the time notice was given, it shall be the duty of the sureties on the bond to make the required changes. In default of the principal or the sureties on the bond performing the same, the owner or the City for the owner's benefit, may have recourse against the principal and sureties on the bond. (d) All bonds shall run the calendar year and be renewed on January 1, and no irrigation work shall be done and no permits issued Page 24of 30 Pages Agenda Item No. to any contracting irrigator unless they have a bond in force for the ensuing year. " (12) Section 414 is hereby amended to read as follows: "414. Individual or Private Sewage Disposal System. within three hundred 300 When a public sewer is not available ( ) feet of the property line, sewage and drainage piping may be connected to an individual sewage disposal system found to be adequate and approved by the plumbing inspector. " (13) Section 417 is deleted in its entirety. (14) Subsection 504.8 is deleted in its entirety. (15) Subsection 704.2 .4 is amended to read as follows: "In addition to the upstream cleanout and the cleanout of the junction of the building drain and building sewer, cleanouts shall be located along the horizontal piping so that: 1. Pipes having less than 3 inch nominal diameter cleanouts shall not be located at more than 50 ft. intervals. 2 . Pipes having 3 inch nominal diameter or more cleanouts shall not be located at more than 100 ft. intervals. " (16) Subsection 704.4 is amended to read as follows: "704 .4. Direction of Flow Cleanouts shall be installed to permit cleaning in the direction of flow. Two-way cleanout fittings shall be used in horizontal lines. " (17) Table 901.2 .2 is deleted in its entirety. (18) Subsection 914 . 1. 1 is hereby amended to read as follows: "914. 1. 1. Floor drains may be installed in all public toilet rooms, etc. (see definition of Public or Public Use in Chapter 2) at the discretion of the design engineer or the Plumbing Official. When floor drains are installed in the above mentioned rooms, the floor drains shall be not less than 3 inches. " (19) Subsection 914. 1. 3 is deleted. (20) Section 917 is amended to read as follows: "917. Garbage Can Washers. separately se trapped. The receptacle can washers shall p y tra ed pp tacle p receiving the was from garbage cans shall be provided with a removal basket or strainer to prevent discharge of large particles into the Page25 of 30 Pages Agenda Item No. • building drainage system. Any water supply connection shall be protected against backflow by an air gap or a backflow prevention device. Drain line shall run through the grease trap so that it is free from storm or ground water. " (21) Subsection 1103 . 1. 1 is deleted. (22) Subsection 1204. 3 . 3 is amended to read as follows: "1204.3 . 3 Lawn sprinklers and Irrigation Piping System. Lawn sprinkler systems and irrigation piping systems shall be equiped with an approved backflow preventer to protect against contamination of the potable water system. The following devices shall be acceptable: 1. A double check type backflow preventer equipped with two ball valves and four (4) test cocks, must be testable. It shall have a non- corrosive body and parts. 2. All protective devcies shall be installled in an accessible location to allow for inspection and maintenance and to isolate the sprinkler system from all other piping in the system. " (23) There shall be added a Subsection 1204.7, which shall read as follows: "1204 .7. Approval, Testing and Certification of Testers. (a) Approval and testing. (1) Approval of devices. All devices used for the prevention of backflow or back siphonage shall meet the requirements of Table 500. Devices installed in a potable water supply for protection against backflow shall be maintained in an operable condition by the property owner or other person having control of such devices. The City of Wichita Falls Inspection Department shall require periodic testing of such devices, and when found to be inoperative or defective, shall require that they be repaired or replaced. (2) Testing of backflow prevention devices. All backflow prevention devices shall be tested in accordance with manufacturer's recommended performance standards. Testing shall be conducted at the time of installation; at the time of repair or relocation of such device; and at the completion of 5 years of service. (3) Approval of testers. All tests or repairs of backflow prevention devices shall be conducted by a person who has been certified by the City of Wichita Falls in accordance with Subsection (b) of this section or certified by another approved agency. Page 26 of 30 Pages Agenda Item No. • (4) Records of tests required. All tests required by this ordinance shall be recorded on forms provided by the City of Wichita Falls Inspection Department. These forms shall be completed by the tester and submitted to the City Inspection Department as part of a permanent record. The consumer, property owner, or person having control of such devices shall be responsible for insuring that all necessary repairs and annual tests of devices are initiated. The tester shall be responsible for the initial testing of any device that they have installed or for any device that they have repaired and for the completion and submittal of required test forms. Any consumer, property owner, or tester who shall fail to provide tests or records, as required by this section, shall be in violation of this ordinance and shall be subject to the penalties as set forth in Section 106.4 of the Plumbing Code. (5) All costs, including installation, repair and testing of devices shall be borne by the consumer. Advisory assistance may be requested at any time from the City of Wichita Falls Inspection Department without charge. (b) Certification of testers. (1) Certification of backflow tester required. No person may test and certify backflow preventers unless that person has completed an approved certification course given by the City of Wichita Falls or other approved agency. At the completion of such certification course or upon presentation of satisfactory proof of completion of another approved course, a certificate of completion will be issued. This certification shall carry with it the right to test and certify backflow prevention devices. (2) Certification classification. (a) General certification - A Master or Journeyman Plumber Licensed by the State of Texas and qualified to test and certify all type and makes of backflow preventers. The fee of this certification is Twenty-Five Dollars ($25.00) . (b) Limited certification - A State Licensed Lawn Irrigator qualified to test and certify devices used in lawn irrigation only, or a maintenance person qualified to test and certify devices used in buildings or premises for which he is employed as a maintenance person. The fee for this certification is Twenty-Five Dollars ($25. 00) . (c) Certification shall be renewed by the 1st of each year. After two years of non renewal, certification will be cancelled and retesting is required. " (24) Subsection 1209. 1 is hereby amended to read as follows: Page 27 of 30 Pages Agenda Item No. • "1209. 1. Water Supply Control. An accessible stop and drain ball valve shall be installed outside, near the entrance of the water service pipe to the building. The top and drain shall be full port bronze 1/4 turn ball valve, 400 WOG (non shock) 125 PSI saturated steam. The valve shall have manual drain cock for draining when valve is in the off position. It shall be located and accessible in a valve box with a readily removable access cover which extends to grade level. The stop and drain valve shall have bottom loaded pressure retaining stems and virgin TFE (teflon) seats. Each valve must be tested by air and water pressure in the opened and closed positions under water. The valve must conform to Federal Specifications WWV, 35B Type 11 Class A Style III. The ball valve shall be installed in a standard type valve box for easy access. " (25) Subsection 1210. 1. 1 is amended to read as follows: "1210. 1. 1. Above Ground - Materials for water-distribution pipes and tubing shall be brass, copper water tube minimum type M, stainless steel water tube minimum Grad H, cast iron pressure pipe, or galvanized steel, all to be installed with approved fittings; except that changes in direction in copper tube (ASTM B 88) may be made with bends having a radius of not less than four diameters of the tube, providing that such bends are made by use of forming equipment which does not deform or create a loss in cross-sectional area of the tube. " (26) Subsection 1210. 1.2 is amended to read as follows: "1210. 1.2 . Under Ground - Inaccessible water distribution piping under slabs shall be copper water tube minimum type L, brass, cast iron pressure pipe, all to be installed with approved fittings or bends. " (27) Subsection 1210. 1.5 is added to read as follows: "Polybutylene (PB) shall be used according to manufacturer's recommendations when used underground, outside the slab or in accessible locations. " (28) Subsection 1214.4 is deleted. (29) Table 1305. 1 is amended to delete footnote two (2) . (30) Table 1305.2 is amended to delete footnote two (2) . (31) Subsection 1413 .2 is amended in its entirety to read as follows: "When fixtures other than water closets, floor drains, washer machine or condensate drains discharge downstream from a water closet, each fixture connecting shall be individually vented except as provided in Section 1414 . 1. " Page 28 of 30 Pages Agenda Item No. • (32) Subsection 1504. 3 is deleted. (33) Section 1507 is deleted in its entirety. (34) Appendix A is adopted. (35) Appendix B is adopted. (36) Appendix endix C is adopted. (37) Appendix D is adopted. (38) Section D105 is hereby amended in its entirety to read as follows: ""D105. The Cross-Connection, Backflow and Back-Siphonage Control Board. (a) The Wichita Falls Backflow and Back-Siphonage Control Board, hereinafter referred to as "the Board" shall be composed of the following: All members of the Plumbing and Mechanical Board of Adjustments and Appeals, one member from the Public Utilities Department, one member from the Health Department, and one member from the Legal Department. (b) The Board shall select annually a chairman from among its members. The Board shall hold at least four regular meetings each year and any additional meetings as the chairman deems necessary. All hearings shall be held before not less than a majority of the Board. (c) In addition to the other duties set forth in this Section, the Board is vested with the authority to decide appeals from any decision, ruling or determination of the plumbing inspector or health officer concerning control of cross-connections, backflow or back- siphonage. (d) Any person, firm or corporation seeking a variance from the provisions of this Section or any person taking exception to it and who is uniquely affected by any decision, ruling, requirement, rule, regulation or order of the plumbing inspector or the health officer concerning the control of cross-connections, backflow or back- siphonage, may appeal to the Board as established by this Section. All appeals must be made within fifteen (15) days after receiving notice of any decision, ruling, requirement, rule, regulation, or order by filing a written notice of appeal directly to the Board, specifying the grounds thereof and the relief requested. The appeal will act as a stay of the decision, ruling, requirement, rule, regulation or order in question until the Board has taken final action on the appeal, except when the plumbing inspector or health officer has deemed that the installation constitutes a hazard to human life, health, or welfare or which admit storm or groundwater to the sanitary sewer as provided by Subsection 102 . 4 . The Board, not less than thirty (30) days after the date of filing an appeal, shall set a date for the hearing and shall give notice by registered mail to the interested parties. Page 29 of 30 Pages Agenda Item No. • (e) Hearings before the Board shall be conducted in the following manner: (1) The Chairman of the Board shall act as the hearing examiner to conduct any hearings. (2) Any person making an appeal who is uniquely affected by the action of the plumbing inspector or health officer may appear in person, by agent, or attorney and present evidence pertinent to the questions and issues involved and may examine and cross-examine witnesses. (3) All testimony shall be under oath and recorded. The Board is authorized to have all the testimony transcribed and a transcript of such testimony, if transcribed, shall be made available to any party in the hearing upon payment of a fee, which shall not exceed the cost of transcribing such testimony. (4) After giving due consideration to all evidence presented, the Board shall issue and enter a final order or make a final determination as it deems appropriate, and shall immediately notify the respondent, in writing, by certified mail. Any order or determination must be approved by at least a majority of the members of the Board. (5) Upon failure of the Board to enter a final order or determination within sixty (60) days after the final argument of any hearing, the respondent shall be entitled to infer such failure to act as a finding favorable to the respondent. " (39) Appendix E is adopted. (40) Appendix F is adopted. (41) Appendix G is adopted. (42) Appendix K is adopted. �/� PASSED AND APPROVED THIS THE DAY OF t! ° 1993. M A Y O R dif e%." ATTEST: J �� ',ti-/rad--,9 CITY CLERK ' Page 30 of30 Pages Agenda Item No. l .�-. _ .. _ _ - a _.l f'4J 1. • � 'I 3tat Ili l ii tor. j i��7w rr ► .0,,,,',%'tii''' " ,: ITY iit i Y. 1 S 1 u ;le 5 1,; i , �7 ill ' CHAPTER 372. WATER SAVING PERFORMANCE r1 ' ;1-1,;,,,, , this STANDARDS 11 r3 fol- `1 '�` ' Section �'` , 372.001. Definitions. ` ti 372.002. Water Saving Performance Standards. '; f 1;,-=init. 372.003. Labeling Requirements. 1 � 1,, 372.004. Administrative Penalty. F?x 061. 372.005. Civil Penalty; Injunction. �i i,1;"--;4„,, p `? �,r " T , Acts 1991, 72nd Leg, 1st C.S., ch. 3, § 1.047 renumbered Chapter ti, ` C.A. 421 of the Health and Safety Code, as added by Acts 1991, 72nd Leg., !`I ,i ch. 293, § 2, which consisted of§§ 421.001 to 421.005, as Chapter 372 ; ill h § 372.001. Definitions E,+l' In this chapter: {l` ` 1 .t (1) "Board" means the Texas Natural Resource Conservation Commis- ; sion. (2) "Commissioner" means the executive director of the Texas Natural f t,t r Resource Conservation Commission. i i Y "` (3) "Department" means the Texas Natural Resource Conservation Corn- i_i' i. mission. # i ` ` ` (4) "Plumbing fixture" means a sink faucet, lavatory faucet, faucet aera- # i ' tor, shower head, urinal, toilet, flush valve toilet, or drinking water foun- , tain. T t (5) "Toilet" means a toilet or water closet except a wall-mounted toilet k't;G that employs a flushometer or flush valve. 4 ,. , . f Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Sept. 1, 1991. Renumbered from § 421.001 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.047,eff.Aug. 12, 1991. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.048, eff. Aug. 12, 1991. Historical and Statutory Notes ,, Section 1.047 of Acts 1991, 72nd Leg., 1st Chapter 372, Health and Safety Code; Sections �k.a C.S., ch. 3, provides: 421.001-421.005, Health and Safety Code, as ''1,/ "Chapter 421, Health and Safety Code, as added by that Act, are renumbered as Sections , ' added by S.B. No. 587, Acts of the 72nd Legis- 372.001-372.005, Health and Safety Code; and 1' ' lature,Regular Session, 1991,is renumbered as appropriate cross-references are changed." -,"V: § 372.002. Water Saving Performance Standards l (a) A person may not sell, offer for sale, distribute, or import into this state a plumbing fixture for use in this state unless: t (1) the plumbing fixture meets the water saving performance standards provided by Subsection (b); and (2) the plumbing fixture is listed by the department under Subsection (c). r=` (b) The water saving performance standards for a plumbing fixture are i t j those established by the American National Standards Institute or the follow- 1 1 � ing standards, whichever are more restrictive: ' r 'i I' � 77 i i ', Ilir, 11 it '; § 372.002 SANITATION AND ENVIRONMENTAL QUTi le5 WATER Ch. 372 *( _ � (2) a faucet or a faucet aerator, maximum flow may the fiat (1) for a sink or lavatory ressure of 60 pounds per not exceed 2.2 gallons of water per minute at a p this sec square inch when tested according to testing procedures adopted by the (3) -. board; and re 2) for a shower head, maximum flow may not exceed er square inch ,. and water per minute at a constant Procedures adopted by the board; Added by when tested according to testing p § 421.00? a urinal and the associated flush valve, if any, maximum flow tested for when(3) flushing one gallon n of water per g e of S vera d not exceed an average ed by the board; n its ado t y ei re uirem P Sections ance s according to the hydraulic performance q "Sec. 1. (4) for a toilet, maximum flow may not exceed the hydraulic c perfo gmance t. lish Ovate: of water per flushing when tested according to Y requirements adopted by the board; sink and I ing water toil (5) for a wall-mounted toilet that employs a flushometer or flush valve, or other., to establ, maximum flow may not exceed an average the American gallons ational Standards washing flushing or the flow rate established by sprinkler s Institute for ultra-low flush toilets, whichever is lower; and sion con Sumer in (6) a drinking water fountain must be self-closing. sion. It `' requiren (c) The board shall make and maintain a current list of plumbing fixtures against the manufacturer or importer to meet the supplier, • that are certified to the board by To have the "sec. water saving performance standards established by Subsection (b). shall er, plumbing fixture included on the list, a manufacturerhordi porter must ?, water ad su ply to the department, in the form prescribed by P fished b F:. �- identification and the performance s specifications determine the laccuragyf of the The department may test a listed fixture r . manufacturer's or importer's certification and shall remove from the list a • § 372 • fixture the board finds to be inaccurately certified. (a) (d) The department may assess against a manufacturer ine the accuracy of the a plui reasonable fee for an inspection of a product manufacturer's or importer's certificatione administratiotn of determined ber.the and board to cover the expenses incurred in th • fee received by the department under this ubt and may used only deposited in the k (b) state treasury to the credit of the department fixtur administration of this chapter. riate and Lures (e) The board and the department shall, to the extent approp sabes practical employ the standards designated American National Standards by norm P (c) the American National Standards Institute in determining chapters evaluating performance standards or testing procedures or in s'' 1 to: wash (f) This section does not app y (1) a plumbing fixture that has been ordered by or is in the inventory entory f a Pr( ( ) P building contractor or a wholesaler or retailer of plumbing do January 1, 1992; 78 • r1, ." .1111 11 1 ft 9 i } , 141' , '11 i ils,4 011 I.LITY ;,tL WATER SAVING PERFORMANCE STANDARDS §372.003 Title 5 Ch. 372 { ,i j V'' , ` ' may i ` (2) a fixture, such as a safety shower or aspirator faucet, that, because of ,,I fifflk,,a is per , the fixture's specialized function, cannot meet the standards provided by !i i A -7 'y the f t, this section; ;l i q .' k (3) a fixture originally installed before January 1, 1992, that is removed ; � :k us of and reinstalled in the same building on or after that date; or ti inch (4) a fixture imported only for use at the importer's domicile. �i r ,' ` Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Jan. 1, 1992. Renumbered from # `� may - § 421.002 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.047, eff. Aug. 12, 1991. ested , t card; Historical and Statutory Notes 1 ,, Sections 1, 3 and 4 of the 1991 Act provide: as added by this Act, to take effect on January j Ilons 1, 1992. anee " • 1. The purpose of this Act is to estab- t a t ; lish water saving performance standards for "(b) The Texas Board of Health shall pro- 14 ` , sink and lavatory faucets,shower heads,drink- pose, on or before September 1, 1992, rules i t , ' • ing water fountains, urinals, toilets, and flush necessary to implement the labeling require- I ` ': alve, valve toilets that are manufactured, imported, ments as provided by Chapter 421, Health and 14 ` per or otherwise supplied for sale in the state and Safety Code, as added by this Act, and shall arils to establish labeling requirements for clothes- adopt rules necessary to implement the label- :£ 1 washing and dish-washing machines • and lawn ing requirements as provided by that chapter fi 1 sprinklers to supply a consumer with informa- to take effect on March 1, 1993. tion concerning water usage to assist the con- , " Sumer in making an informed purchasing deci- "Sec. 4. (a) Except as provided by Subset- f a Sion. It is the intent of the legislature that the lions (b) and (c) of this section, this Act takes ureS . �' requirements of this Act be enforced primarily effect September 1, 1991. r+ C: the against manufacturers, importers, and major "(b) Subsection (a), Section 421.002, Health 4;1 .ve a suppliers of plumbing fixtures." and Safety Code, as added by this Act, takes , "Sec. 3. (a) The Texas Board of Health effect January 1, 1992. 1 , nust shall adopt rules necessary to implement the "(c) Subsections(a)and(b),Section 421.003, ' ' the 4 ' water saving performance standards estab- Health and Safety Code, as added by this Act, t ure. >`} lished by Chapter 421, Health and Safety Code, take effect March 1, 1993." the r` .' st a ' r § 372.003. Labeling Requirements Text of subsec. (a) effective March 1, 1993 i3. a the (a) A person may not sell, offer for sale, distribute, or import into this state - a plumbing fixture unless the plumbing fixture, including each component of '' the 1, a toilet, flush valve toilet, or urinal, and the associated packaging are marked . A and labeled in accordance with the rules adopted by the board. , the Text of subsec. (b) effective March 1, 1993 the (b) The board shall adopt rules for the marking or labeling of plumbing (;` fixtures. The rules must require information concerning water-saving mea- , and sures to be included in required marks or labels. In developing marking or '4",..f q P g g ,, by labeling requirements, the board shall consider the technological and eco- ing nomical feasibility of a mark or label. i ' ` .(c) The board by rule shall prohibit the sale, offering for sale, distribution, P'• or importation into this state of a new commercial or residential clothes Ohl washing machine, dish-washing machine, or lawn sprinkler unless: qt,• ; •fa q (1) the manufacturer has furnished to the department, in the form f •• + , �., on prescribed by the department, the identification and performance specifica It , tions of the device; and ,,,ii ' r. , 79 . ? . 1/t.'' - l 11: u § 372.003 SANITATION AND ENVIRONMENTAL QUALITY Title 5 (2) the clothes-washing or dish-washing machine or lawn sprinkler is labeled in accordance with rules adopted by the board with a statement that describes the device's water use characteristics. t; (d) Rules adopted or amended under this section shall be developed by the t- board in conjunction with a technical advisory panel of designated represent- E: atives of the Texas Water Development Board, the Texas State Board of Plumbing Examiners, and the Texas Natural Resource Conservation ,= servatio nC Commis- sion. t (e) This section shall not apply to those clothes-washing or dish-washing Pl:' machines that are subject to and in compliance with the labeling require- ments of the National Appliance Energy Conservation Act of 1987, Public Law 100-12.' Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Sept. 1, 1991. Renumbered from A° § 421.003 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.047, eff.Aug. 12, 1991. Amended j'` by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.049, eff. Aug. 12, 1991. 142 U.S.C.A. § 6293. 4 Historical and Statutory Notes ' Sections 1, 3 and 4 of the Acts 1991, 72nd as added by this Act, to take effect on January -` Leg., ch. 293 provide: 1, 1992. •,. "Sec. 1. The purpose of this Act is to estab- .,, lish water saving performance standards for „(b) The Texas Board of Health shall pro- sink and lavatory faucets,shower heads,drink- pose, on or before September 1, 1992, rules ing water fountains, urinals, toilets, and flush necessary to implement the labeling require- '; valve toilets that are manufactured, imported, a fets as provided by Chapter 421, Health and ?r or otherwise supplied for sale in the state and Safety Code, as added by this Act, and shall to establish labeling requirements for clothes- adopt rules necessary to implement the label- washing and dish-washing machines and lawn 'ng requirements as provided by that chapter " sprinklers to supply a consumer with informa- tion concerning water usage to assist the con- "Sec. 4. sumer in making an informed purchasing deci- tions (b) and(c) of this s provided ton, this Actu takes sion. It is the intent of the legislature that the effect September 1, 1991. requirements of this Act be enforced primarily s against manufacturers, importers, and major "(b) Subsection (a), Section 421.002, Health it suppliers of plumbing fixtures." and Safety Code, as added by this Act, takes - "Sec. 3. (a) The Texas Board of Health effect January 1, 1992. shall adopt rules necessary to implement the "(c) Subsections(a)and(b),Section 421.003, t water saving performance standards estab- Health and Safety Code, as added by this Act, fl'` lished by Chapter 421, Health and Safety Code, take effect March I, 1993." § 372.004. Administrative Penalty _ 1 Y C (a) A person who violates this chapter or a rule adopted under this chapter - shall be assessed an administrative penalty in an amount not to exceed $5,000 for each violation and for each day of a continuing violation. r t i (b) A person against whom an administrative penalty is assessed is entitled r i to notice and a hearing on the assessment of the penalty, as provided by rule r of the board. ' (c) Not later than the 30th day after the date on which the commissioner's ' order assessing the administrative penalty is final, the person assessed shall ```' 80 4,� n • l r 1" St - ., 1t_ litlififi, ', ,111:I �. ` , QUALITY WATER SAVING PERFORMANCE STANDARDS § 372.005 1, j f' Title 5 Ch. 372 I ,, ' n rinkler is pay the full amount of the penalty or file a petition for judicial review. If the } a ment that ' f::; person seeks judicial review, the person shall send the amount of the penalty : , i a:�'•. t� Ill f,: 1 ',, to the commissioner for placement in escrow or post with the commissioner a S , ed by the '°�_` . bond in a form approved by the commissioner for the amount of the penalty, 1,1 ,;„..,, ', -epresent- the bond to be effective until judicial review of the order is final. A person 1 1 ; board of who fails to comply with this subsection waives judicial review. , }� Commis- r ; E ''F` , _. (d) The commissioner may request enforcement by the attorney general if st --- the person assessed the penalty fails to comply with this section. i ltd P P Y P Y washing ;.' { require- (e) Judicial review of the order assessing the penalty is under Section 19, '',h:,',;'-'-',':' i1 blic Law Administrative Procedure and Texas Register Act (Article 6252-13a, Vernon s �" Texas Civil Statutes). s red from (f) An administrative penalty collected under this section shall be deposited t . , emended in the state treasury to the credit of the general revenue fund. '`,1 Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Sept. 1, 1991. Renumbered from t "" h.; § 421.004 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.047, eff. Aug. 12, 1991. z t `` § 372.005. Civil Penalty; Injunction F' , Sr January z (a) A person who violates this chapter or a rule adopted under this chapter i _ hall - '`~ is subject to a civil penalty not to exceed $5,000 for each violation and each it ' 92, rules day of a continuing violation. r:',1 require- 2alth and .4 -„ (b) If it appears that a person has violated, is violating, or is threatening to rid shall violate this chapter or a rule adopted under this chapter, the department, a he label- county, or a municipality may bring a civil action in a district court in Travis chapter County, the county in which the defendant resides, or the county where the i '= violation occurred, is occurring, or is threatened for: r Subsec- ct takes (1) injunctive relief to restrain the person from continuing the violation or threat of violation; t,takes k (2) the assessment of a civil penalty for a violation; or I r ,, ¢ (3) both injunctive relief and a civil penalty. t 321.003, i his Act, , (c) The department is an indispensable party in a suit brought by a county 1 x: or municipality under this section. (d) A district court shall grant injunctive relief, assess a civil penalty, or ` 1 • 1' both, as warranted by the facts, if the court finds that the person has violated `Fie apter or is violating this chapter or a rule adopted under this chapter. ' 1, . t' +. 5,000 (e) In a suit to enjoin a violation of this chapter or a rule adopted under ' ';,1 i this chapter, the court shall grant the state, department, county, or municipal- .t f: !Of;ity, without bond or other undertaking, any-injunction that the facts warrant, titled including a temporary restraining order, temporary injunction, or permanent j',1 tk , , tl rule injunction. t 1 (f) A civil penalty recovered in a suit brought by a county or municipality ; i ,ti - ner's under this section shall be divided equally between the state and the county or shall q Y Y j 1��4 municipality that first brought the suit. The state's share of any civil penalty i€ I.' 81 ,f z 111 1 )• § t r i, +1 a. § 372.005 SANITATION AND ENVIRONMENTAL QUALITY Title 5 shall be deposited in the state treasury to the credit of the general revenue fund. (g) At the request of the department, the attorney general shall bring and conduct a suit in the name of the state for injunctive relief, to recover a civil `` penalty, or both. Added by Acts 1991, 72nd Leg., ch. 293, § 2, eff. Sept. 1, 1991. Renumbered from § 421.005 by Acts 1991, 72nd Leg., 1st C.S., ch. 3, § 1.047, eff. Aug. 12, 1991. [Chapters 373 to 380 reserved for expansion] a" • • ;fr ' S ,'f. 82 1` Ad 523399 • Affidavit of Publication ORDINANCE NO.65-93 ORDINANCE CLOSING HEAR- " THE STATE OF TEXAS ING AND FINDING CERTAIN BUILDINGS AND/OR STRUC- COUNTY OF WICHITA TURES TO BE DANGEROUS: COMMANDING PROPERTY OWNERS TO REPAIR OR DE- Here) MOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN 9 t h ,� U I Y d Of THIRTY(30)DAYS OF THE DATE On this day OF THIS ORDINANCES AND DECLARING AN EMERGENCY 1993 ORDINANCE NO.66-93 ORDINANCE WAIVING APPEN- A,D. personally appeared before me, the undersigned authority DIX A, SUBDIVISIONS SECTION 9(B)(2)(a)OF THE CODE OF Dance Ming bookkeeper ORDINANCES WITH RESPECT TO PLACING CURB AND GUTTER ON THE EAST SIDE OF FM1634, for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ADJACENT TO THE WEST LINE OF LOT 13, UNIT 34, WICHITA VALLEY FARMS Times/Record News, a newspaper published at Wichita Falls in Wichita County, ORDINANCE NO.67-93 ORDINANCE WAIVING SEC- Texas, and upon being duly sworn by me, on oath states that the attached TION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO advertisement is a true and correct copy of advertising published PLACING A SIDEWALK ALONG THE WEST LINE OF LOT 13,UNIT in one (.1) issues thereof on the following dates: 34,WICHITA VALLEY FARMS ORDINANCE NO.68-93 AN ORDINANCE AMENDING J U I Y 59 1993 ORDINANCE 160-83 ADOPTING THE STANDARD MECHANICAL CODE, 1991 EDITION, AS RE- VISED IN 1992 & 1993, WITH T '� CERTAIN AMENDMENTS AND DELETIONS. �J ORDINANCE INANCE O.69-93 Bookkeeper for Times Publishing Company AN ORDINANCE AMENDING APPENDIX B,ARTICLE II,PLUMB of Wichita Falls ING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF WICHITA FALLS;ADOPTING THE STANDARD GAS CODE, 1991 EDITION,AS REVISED IN 1992& )SAL) Subscribed and sworn to before me this the day and year first above written. 1993 WITH CERTAIN AMEND- MENTS AND DELETIONS ORDINANCE NO.70-93 1 r c AN ORDINANCE AMENDING /(/� _ - fir, APPENDIX B,ARTICLE I,PLUMB- . � y t ���-^���`---[[[�� ING CODE, OF THE CODE OF 1,L v y ORDINANCES OF THE CITY OF WICHITA FALLS;ADOPTING THE ,,,,A;,.,y STANDARD PLUMBING CODE, �-ra• 1991 EDITION, AS REVISED IN ,,,7 OF ,'.. 1992-1993, WITH REVISED mac,..„1 s.1—i;” :,p• AMENDMENTS AND DELETIONS. ORDINANCE NO.71-93 "a la,.-^•m- .K;,,,,.-..,;+ ORDINANCE WAIVING APPEN- DIX A,SUBDIVISIONS SECTION ORDINANCE NO.75-93 9(B)(2) (a)OF THE CODE OF AN ORDINANCE OF THE CITY ORDINANCES WITH RESPECT TO COUNCIL OF THE CITY OF PLACING CURB AND GUTTER WICHITA FALLS AMENDING ON THE EAST SIDE OF HUNT- SECTION 29-44 OF THE CODE WEST LINE, ADJACENT TO THE OF ORDINANCES OF THE CITY WEST UNE OF LOT 1, BLOCK 1, OF WICHITA FALLS TO ALLOW U- MOORS SUBDIVISION,WICHITA TURNS UNLESS PROHIBITED; COUNTY,TEXAS REPLEALING ALL ORDINANCES ORDINANCE NO.72-93 OR PARTS OF ORDINANCES IN ORDINANCE WAIVING APPEN- CONFLICT HEREWITH; PROVID- DIX A,SUBDIVISIONS SECTION ING A SAVINGS CLAUSE;FIND- 9 (g)(2)(a)OF THE CODE OR ING AND DETERMINING THAT ORDINANCES WITH RESPECT TO THE MEETING AT WHICH THIS PLACING CURB AND GUTTER ORDINANCE WAS PASSED WAS ON THE EAST SIDE OF HUNT- INGTON LANE, ADJACENT TO OPEN TO THE PUBLIC AS RE- QUIRED BY LAW; PROVIDING THE WEST UNE OF LOT 1,BLOCK FOR PUBLICATION; AND 1, WEST JOHN THOMAS AD PROVIDING FOR AN EFFECTIVE DITION DATE. ORDINANCE NO.73-93 ORDINANCE N0.76-93 • ORDINANCE WAIVING SEC- AN ORDINANCE OF THE CITY TION 27-29 OF THE CODE OF ORDINANCES WITH RESPECT TO COUNCIL OF THE CITY OF WICHITA FALLS AMENDING OR - THE CSOUTH LINEN OF SIDEWALK DINANCE NO.21-93 TO DELETE BLOCK 72,FAITH VILLAGE,UNIT FROM SUCH ORDINANCE THE STRUCTURES LOCATED AT 1111 II TAYLOR, LOT 10, BLOCK 37, ORDINANCE 74-93 FLORAL HEIGHTS ADDITION; ORDINANCE WAIVING APPEN- FINDING AND DETERMINING DIX A SUBDIVISIONS SECTION THAT THE MEETING AT WHICH 9(B)(2) (a)OF THE CODE OF THIS ORDINANCE WAS PASSED ORDINANCES WITH RESPECT TO WAS OPEN TO THE PUBUC AS PLACING CURB AND GUTTER REQUIRED BY LAW. ON THE WEST SIDE OF WELL- INGTON LANE, ADJACENT TO THE EAST LINE OF LOT 2,BLOCK �; 2 5 1,WESTRIDGE ESTATES , ORDINANCE NO.75-93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AMENDING SECTION 29-44 OF THE CODE OF ORDINANCES OF THE CITY .-__.._.�...��w•I IAW 11_