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ORD 2009-03 - Amend Code of Ordinances Title 9 [10-21-2008]ORDINANCE NO. 2009-03 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 9 "BUILDINGS AND BUILDING REGULATIONS" TO THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, SETTING FORTH CERTAIN PROVISIONS FOR IRRIGATION SYSTEMS INSTALLERS; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES OR RULES IN CONFLICT WITH THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 80th Legislative Session of the State of Texas passed legislation amending Chapter 401 of the Local Government Code requiring cities with populations of 20,000 or more to adopt a landscape irrigation ordinance meeting certain minimum requirements; and WHEREAS, the City's existing ordinances address certain of the requirements of the new legislation, but certain other provisions must now be adopted to fully comply with the new legislation NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Title 9 "Buildings and Building Regulations" of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended to change Section 9.02.07 "International Plumbing Code," subsection 9. b) 3) to read as follows: Plumbing work done by a licensed irrigator or licensed installer when working and licensed by the Texas Commission on Environmental Quality (TCEQ). Licensed irrigators or installers shall register annually with the City of Huntsville prior to permitting and performing irrigation work, see "Schedule of fees." Licensed irrigators and installers must make application to the building official and obtain a permit prior to the installation of an irrigation system within the city limits of Huntsville and the extraterritorial jurisdiction of the City of Huntsville. Standards and specifications for the design, installation and operation of an irrigation system must be in accordance with Texas Commission on Environmental Quality rules and the International Plumbing Code. This section does not apply to (i) an on -site sewage disposal system, as defined by Texas Health and Safety Code 366.002 or its successor, (ii) an irrigation system used on or by an agricultural operation as defined by Texas Agriculture Code section 251.002 or its successor or (iii) an irrigation system connected to a groundwater well used by the property owner for domestic use. SECTION 2: Title 9 "Buildings and Building Regulations" of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended to change Section 9.02.08 "International Gas Code," subsection (10) B.3. to read as follows: Plumbing work done by a licensed irrigator or licensed installer when working and licensed by the Texas Commission on Environmental Quality (TCEQ). 0 SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof. SECTION 4: All ordinances, parts of ordinances, rules and regulations in conflict with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. SECTION 5: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 21st DAY OF October 2008. ATTEST: qw&- Stepp ie Brim, City Secretary APPROVED AS TO FORM: r� Thomas A. Leeper, City Attorney CITY OF HUNTSVILLE, TEXAS J. Turner, Mayor APPENDIX: Blackline version showing proposed changes to existing language: 9.02.07 "International Plumbing Code" 9. b) 3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed tinder the Weensed iffigateFs yet noiele 9751 V.T.G S amended by the Texas Commission on Environmental Quality (TCEQ). Licensed irrigators or installers shall register annually with the City of Huntsville prior to permitting and performing irrigation work, see "Schedule of fees" [see4ie n 9.02.121. Licensed irrigators and installers must make application to the building official and obtain a permit prior to the installation of an irrigation system within the city limits of Huntsville and the extraterritorial jurisdiction of the City of Huntsville Standards and specifications for the design installation and operation of an irrigation system must be in accordance with Texas Commission on Environmental Quality rules and the International Plumbing Code This section does not apply to (1) an on -site sewage disposal system as defined by Texas Health and Safety Code 366.002 or its successor, (2) an irrigation system used on or by an agricultural operation as defined by Texas Agriculture Code section 251.002 or its successor and (3) an irrigation system connected to a groundwater well used by the Vroperty owner for domestic use. 9.02.08 "International Gas Code" (10) B. 3. Plumbing work done by a licensed irrigator or licensed installer when working and licensed under the r . e ed iffigators Aet,,A.Aiele 8751 > v -r r c as RM@Bdk-.d by the Texas Commission on Environmental Quality (TCEQ).