HomeMy WebLinkAbout031067 ORD - 02/14/2017 Ordinance amending Section 14-281, 14-231, 14-291, and 55-37 of the
City's Code of Ordinances to amend the City's adopted International
Plumbing, Building and Residential Codes, authorize the City to
inspect, install, repair, and/or replace backflow assemblies and place
the cost of said work on customer utility bills, amend other
requirements related to the provision of water to reduce the chance of
contamination of the City's water supply, and providing for penalties,
publication, severance, and an effective date
Whereas, by Ordinance No. 030847, the City of Corpus Christi adopted the 2015
International Plumbing Code, the 2015 International Building Code, and the 2015
International Residential Code, on May 17, 2016, each as modified by said ordinance and
are referred to herein as the City Plumbing Code, the City Building Code and the City
Residential Code;
Whereas, Texas Local Government Code Section 552.001 (b) provides that a
municipality may operate a utility system inside or outside the municipal boundaries and
may regulate the system in a manner that protects the interests of the municipalities;
Whereas, the City Plumbing Code, the City Building Code and the City Residential Code
contain requirements for the installation and testing of backflow prevention devices for
the protection of the municipal water supply;
Now therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
Section 1. That Corpus Christi Code of Ordinances, Chapter 14, Development Services,
Article II City of Corpus Christi Technical Construction, Division 7 Plumbing Code, Section
14-281, subsections (11)and (13) be amended to read as follows.
Sec. 14-281.-Plumbing code.
"With the following additions, deletions and revisions, the International Plumbing
Code, 2015 Edition (including Appendix B Rates of Rainfall for Various Cities, Appendix
C Structural Safety, Appendix D Degree Day and Design Temperatures, Appendix E
Sizing of Water Piping (see International Plumbing Code Section 101.2, 2015 Edition)),
as published by the International Code Council, a copy of which, authenticated by the
signatures of the mayor and city secretary, made public record by this section, and on file
in the city secretary's office, is incorporated by reference and adopted as the Plumbing
Code for the City of Corpus Christi:
(11) Section 312.10 of the International Plumbing Code is revised to read as
follows:
312.10 Inspection and testing of backflow prevention assemblies. Inspection and
testing shall comply with Section 312.10.1.
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031067
INDEXED
312.10.1 Inspection and Testing. Residential irrigation backflow prevention
assemblies shall be tested at time of installation, immediately after repairs, and
at least once every three years. Reduced pressure principle backflow preventer
assemblies, double check-valve assemblies, pressure vacuum breaker
assemblies, reduced pressure detector fire protection backflow prevention
assemblies, double check detector fire protection backflow prevention
assemblies, and spill proof vacuum breakers that are not part of a residential
irrigation system shall be tested at the time of installation, immediately after
repairs or relocation and at least annually. All testing and certification shall be
performed by a state-licensed Backflow Prevention Assembly Tester. The
Backflow Prevention Assembly Tester must file an original copy of the initial test
certification and each annual certification with the building official within ten (10)
days of the testing. The testing procedure shall be performed in accordance with
one (1) of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE
5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1.
(13) Section 608.1 of the International Plumbing Code is amended by adding
new subsections 608.1.1 and revised subsection 608.1.2 to read as follows:
608.1.2 Failure to report test result. Upon the failure of the utility customer to
report the result of the required test and certification of the backflow prevention
device, the City Manager, or designee, may authorize the backflow prevention
device to be tested and repaired with all associated charges to be placed on the
customer's utility bill, and may also authorize the stoppage of the supply of water
to the service address. The water may not be restored, except upon provision of
the report of the required test and certification that the backflow prevention device
is operating in accordance with specifications."
Section 2. That Corpus Christi Code of Ordinances, Chapter 14, Development Services,
Article II City of Corpus Christi Technical Construction, Division 2 — Building Code and
Existing Building Code, Section 14-231, subsection (7) regarding Governmental Property
and regarding Industrial Work be revised to read as follows.
"Sec. 14-231. - Building code.
With the following additions, deletions and revisions, the International Building Code,
2015 Edition, as published by the International Code Council, a copy of which,
authenticated by the signatures of the mayor and city secretary, made public record by
this section, and on file in the city secretary's office, is incorporated by reference and
adopted as the Building Code for the City of Corpus Christi:
(7) Section 105.2 of the International Building Code and Section R105.1 of the
International Residential Code are amended by adding new subsections for Government
Property and Industrial Work to read as follows:
Governmental Property:
1. No permit is required within and on the premises within the control and
supervision of the state or federal government and where the installations will
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be a part of the facilities operated, maintained, and controlled by the state or
federal government.
2. When city inspections are not provided, all connections to the city water
system must be equipped with backflow prevention devices in accordance
with city codes. The backflow prevention devices must be tested and certified
to be operating within specifications by a State-licensed backflow prevention
assembly tester with test results reported upon initial installation and at least
annually thereafter to the City Manager or designee.
a. The water superintendent and the building official will determine the type
of backflow prevention device necessary to prevent backflow and back
siphonage.
b. To assure the connection, the building official has the right to inspect any
installations connected to the city water system to the point of the valves
or safety devices, and failure to install, test or timely provide test results,
or maintain in good operating condition the device authorizes the city to
refuse to connect or authorize the city to disconnect the installation
connection from the city water supply system. In addition, the city may
authorize the backflow prevention device be tested, repaired and/or
replaced with all associated charges to be charged to the customer's
utility bill.
Industrial Work:
1. A permit is not required and no inspections will be performed by the city
relating to the construction, assembly, disassembly, reassembly,
modification, alteration, or improvement of an industrial facility or industrial
processing unit if:
a. The industrial facility or industrial processing unit occupies a site of 20 or
more contiguous acres.
b. The industrial facility or industrial processing unit is inaccessible to the
general public.
c. The construction, assembly, disassembly, reassembly, modification,
alteration, or improvement of the industrial facility or industrial processing
unit is under the observation and direct supervision of a licensed
professional engineer. The industrial facility or industrial processing unit
is used to manufacture, compound, package, process, refine, sort, test,
and treat raw materials and other processed materials into finished or
intermediate products.
d. The industrial facility or industrial processing unit may store materials that
will be used in or produced by the manufacturing, compounding,
packaging, processing, refining, sorting, testing, and treatment
processes.
2. In order to qualify for an industrial exemption under this subparagraph, a
professional engineer licensed in the State of Texas must certify at the
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beginning of each calendar year that all construction, assembly,
disassembly, reassembly, modification, alteration, or improvement of the
industrial facility or industrial processing unit during the previous year
complied with the technical construction codes.
a. The affidavit must contain sufficient information that the industrial facility
or industrial processing unit is entitled to the exemption requested.
b. The affidavit must affirm that all construction, assembly, disassembly,
reassembly, modification, alteration, or improvement of the industrial
facility or industrial processing unit during the previous year were
performed under the direct supervision of a professional engineer
licensed in the State of Texas. The affidavit must be accompanied by a
site plan of a scale sufficient to delineate the industrial facility or
processing unit in relation to any surrounding buildings or structures. Any
connections to the city's water or wastewater systems must be shown on
the site plan.
c. The affidavit must be on a form provided by the building official.
d. The licensed professional engineer who completes, signs, and seals the
affidavit must certify that all improvements meet the intent or spirit of the
city's technical construction codes and life safety criteria for the
occupancy as outlined in Chapter 13 of the Code of Ordinances of the
city.
3. Any building or structure, which is not principally used in the manufacturing,
compounding, packaging, processing, refining, sorting, testing, and
treatment processes, is not exempt, and permits and inspections are required
for any construction, modification, alteration, or improvement to the building
or structure.
4. All connections between an industrial facility or industrial processing unit and
the city's water system must be equipped with backflow prevention devices,
which will prevent backflow and back siphonage.
a. All reduced pressure backflow preventers, pressure type vacuum
breakers, and double check valve assemblies must be inspected and
certified to be operating within specifications on an annual basis by a
State-licensed backflow prevention assembly tester to the building official
with test results to be reported annually to the City Manager or designee.
b. The inspections operations City have has the right to inspect any
connections to the city's water system, including any valves and backflow
prevention devices.
c. If the owner or operator of an industrial facility or industrial processing
unit fails to install, test or timely provide backflow test results, or maintain
valves and backflow prevention devices in good operating condition, the
city may refuse to connect the industrial facility or industrial processing
unit to, or disconnect the facility or unit from, the city's water supply
system. In addition, the City may authorize the backflow prevention
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device be tested, repaired and/or replaced with all associated charges to
be charged to the customer's utility bill.
5. Nothing in this section may be construed to waive or exempt industrial sites
from the provisions of any other provision of the Code of Ordinances or any
other ordinance of the city.
Agricultural Uses:
1. Permits and inspections are not required for installations, alterations,
additions, changes, or repairs within the scope of this code to any structure,
which is being used exclusively in connection with the ranching or agricultural
use of any tract of land of ten (10) acres or more in area within the city at the
time of annexation as long as the entire premises being used for agricultural
or ranching purposes at the time of annexation is not converted to any other
use.
2. Any agricultural building or structure used for residential occupancy or
connected to utility services may not be exempt under this section from the
requirements for permits and inspections.
Section 3. That Corpus Christi Code of Ordinances, Chapter 14, Development Services,
Article II City of Corpus Christi Technical Construction, Division 8 Residential Code,
Section 14-291, subsection (12) be revised to read as follows.
"Sec. 14-291. - Residential construction code.
With the following additions, deletions and revisions, the International Residential
Code for One- and Two-Family Dwellings, 2015 Edition (including Appendix E,
Manufactured Housing Used as Dwellings, Appendix H, Patio Covers, Appendix J
Existing Building and Structures, (see International Residential Code Section R102.5,
2015 Edition)), as published by the International Code Council, a copy of which,
authenticated by the signatures of the Mayor and City Secretary of the City of Corpus
Christi, made public record by this section, and on file in the city secretary's office, is
incorporated by reference and adopted as the Residential Construction Code for the City
of Corpus Christi:
(12)Section P2503.8 of the International Residential Code is amended by adding new
subsections P2503.8.1, P2503.8.2 and P2503.8.3 to read as follows:
P2503.8.1 Testing and certification of backflow devices. The owner of any
reduced pressure principle backflow preventer, double check-valve assembly
backflow preventer, double-detector check-valve assembly backflow preventer,
or pressure-type vacuum breaker assembly backflow preventer must have the
backflow device tested and certificated by a Backflow Prevention Assembly
Tester before a backflow preventer is placed in service and annually thereafter
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to ensure its proper operation. The Backflow Prevention Assembly Tester must
file a copy of the initial and each annual certification with the building official within
ten (10) days of the testing.
P2503.8.2 Failure to report test result. Upon the failure of the utility customer to
report the result of the required test of the backflow prevention device, the City
Manager, or designee, may authorize the backflow prevention device be tested,
repaired and/or replaced with all associated charges to be charged to the
customer's utility bill, and may also authorize the stoppage of the supply of water
to the service address. The water may not be restored, except upon provision of
the report of the required test and certification that the backflow prevention device
is operating within specifications.
P2503.8.3 Testing. Residential irrigation backflow prevention assemblies shall be
tested at least-once every three (3) years by a Backflow Prevention Assembly
Tester and reported to the City Manager or designee. Reduced pressure principle
backflow preventers, double check valve assemblies, double-detector check
valve assemblies and pressure vacuum breaker assemblies that are not part of
a residential irrigation system shall be tested by a Backflow Prevention Assembly
Tester at the time of installation, immediately after repairs or relocation and at
least annually with test results reported to the City Manager or designee. Upon
the failure of the utility customer to report the result of the required test of the
backflow prevention device, the City Manager, or designee, may authorize the
backflow prevention device be tested, repaired and/or replaced with all
associated charges to be charged to the customer's utility bill, and may also
authorize the stoppage of the supply of water to the service address. The water
may not be restored, except upon provision of the report of the required passing
test.
Section 4. Chapter 55, Utilities, of the Code of Ordinances of the City of Corpus Christi,
Texas, Section 55-37 is amended to read as follows:
Sec. 55-37. Reserved. Procedures for installation, testing, repair, and
replacement of backflow prevention devices and associated billing
(a) The City Plumbing Code, City Building Code, City Residential Code, and State laws
and regulations establish requirements for installation and testing of backflow prevention
devices for protection of the municipal water supply. The utility customer is responsible
to install and maintain the required backflow prevention device in accordance with said
Code and regulations and as further provided in this section. For purposes of this section,
the City Plumbing Code, the City Building Code, and the City Residential Code refer to
said codes as adopted by City Ordinance 030847, as amended from time to time.
(b) Backflow prevention devices must be tested as required by Corpus Christi Code by a
State-licensed backflow prevention assembly tester to be certified to be operating in
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accordance with applicable standards, with the test results to be provided to the City
Manager or designee.
(c) The City may inspect, install, repair and/or replace the backflow prevention device
required by this section, adopted codes, state or federal laws or regulations to protect the
City's water supply from potential contamination. The City may also contract with an entity
to perform any of the aforementioned activities.
(d) If a test result is delinquent or shows a failing backflow prevention device, the City is
authorized to repair and/or replace or contract for the repair and/or replacement of the
backflow prevention device and may also authorize the disconnection of water service to
the property. If the City performs the installation, testing, repair and/or replacement, then
the charge for the installation, testing, repair and/or replacement of the backflow
prevention device will be charged to the utility customer receiving utility service at the
property.
(e) A utility customer may authorize the City to inspect, install, repair, and/or replace a
backflow prevention device, regardless of delinquency or failure thereof.A utility customer
may further be presumed by the City to have issued said authorization after the City
issues the utility customer a notice of said customer's rights and gives the utility customer
30 days to object to such presumed authorization.
(f) The provisions of this section shall apply to the provision of water provided to
customers, other than wholesale customers, inside and outside the City limits unless
otherwise contradicted in a written contract to supply water to said outside City limits
customer.
Section 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by City Charter of the City of Corpus Christi.
Section 6. The regulations adopted by this ordinance are found and determined to be
necessary for the protection of the City's water supply as authorized by Texas Local
Government Code Section 552.001.
Section 7. Penalties for violation of this Ordinance are established in Section 14-207 of
the Corpus Christi City Code of Ordinances which provides for a fine of up to $2,000.00
per day.
Section 8. It is hereby declared to be the intention of the City that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if
any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such declaration shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would not have been acted
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by the City without the incorporation into this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
Section 9. This ordinance takes effect on publication.
That the foregoing orOtgafrnpe was r ad for the first time and passed to its second
reading on this the O 'Jay of , 2017, by the following vote:
BarrIVIceomeri \I a Oaiirk.,4 Ben Molina L 1
Rudy Garza L./ Lucy Rubio t
Paulette Guajardo 'f 0 Greg Smith IL ..'
__dial 1.....,_
Michael Hunter I. ! ,! Carolyn Vaughn
Joe McComb 1
That the fegoing ordinance was read for the second time and passed finally on this
the---� ay of L.&A , & % , 2017, by the following vote:
---4—
Q O :en Molina
Rudy Garza NC Lucy Rubio L ,
Paulette Guajardo _ly Greg Smith i 4 f
Michael Hunter ,
�` Carolyn Vaughn
Joe McComb , 1°
I
LLI '
PASSED AND APPROVED, this the T day of i , 2017.
/—
ATTEST:
pJo., ,
,e,-.6-0ti- � �,� Qiiikktviw) UC r
4 --
Rebecca Huerta hM-)
C - - - + Mayor P-o 1 Z
EFFECTIVE DATE
8
_21.41".. t) 4 ° 67
1
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad # 1489470
PO #
Before me, the undersigned, a Notary Public,this day personally came C--). LU toJ o _ , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S) NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 02/20/17 Mon
CC-Internet - caller.com 02/20/17 Mon
LEGAL SALES REPRESENTATIVE
(-1-40U-4-41‘ 20 L 1 I certify that the attached document is a trueOn this_day of ,
and exact copy made by publisher.
(11L- L
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
My Notary ID#124864183
rcGV," '
Ex
p,res March 19 2020
Caller-Times Monday,February 20,2017 3E
Legals
NOTICE OF PASSAGE OF
ORDINANCE(S)
4tNO. 031067, Ordinance
amending Section 14-281,
14-231, 14-291, and 55-37
of the City's Code of Ordi-
nances to amend the City's
adopted International
Plumbing, Building and Res-
idential Codes, authorize
the City to inspect, install,
repair,and replace backflow
assemblies and place the
cost of said work on custom-
er utility bills, amend other
requirements related to the
provision of water to reduce
the chance of contamination
of the City's water supply,
and providing for penalties,
publication, severance,
and an effective date. The
effective date is February
14,2017.This ordinance was
passed and approved on
second reading by the Cor-
pus Christi City Council on
February 14,2017.
/s/Rebecca Huerta
City Secretary