NEW RESIDENTIAL SPRINKLER SYSTEM LAW

February, 2009

During the 2007 Texas State Legislative session, House Bill 1656 was adopted and signed into law by the Governor.

This bill rewrites the State Code for Landscape Irrigation.  In this issue, we will attempt to share the highlights that affect our Community and the Industry.  The intent of the new law was necessary to promote the health, safety, and welfare of the public by creating an urban environment that is protective of the City’s water supply and provides an enhanced quality of life for the citizens of the City of El Paso and surrounding Communities. Previous to this law the State enforced all irrigation provisions.  Now the City has the responsibility to enforce the law.  This will be evident through increased permit requirements and possible patrols/complaint investigations.

This is a new ordinance that will be adopted by the City Council and will become effective January 1, 2009.  The new Code will include both Commercial and Residential Irrigation Systems (sprinkler systems).  Including self installed systems.  This Law requires all installations, modifications, repairs and/or alterations to be accomplished by a Licensed Irrigator/Technician.

Knowing there would be an increased need for enforcement, the WTIA immediately contacted and met with the Assistant City Manager in regard to enforcement of the new law.  The City Manager agreed that enforcement would be crucial to the protection of our potable water resources.  She committed the Building Service Director, Victor Torrez to assist the WTIA by allowing the association to brief his Inspectors on Irrigation Enforcement.  This briefing was conducted by members of the association on February 9, 2009.  The Association is currently awaiting a scheduled date to also brief/educate the environmental Code Enforcement Officers within the City. 

The area that affects Property Owners that have an existing sprinkler system installed are the Backflow prevention devices.  These devices will be required to meet the standards of the new code when major service is needed.  Major service is recognized as opening a mainline or replacing an irrigation control valve and any modification.  The backflow preventer will require an initial test to be conducted by a certified backflow tester.  The test documents will be forwarded to the EPWU (El Paso Water Utilities).  An annual test may be required by the EPWU in the future.

In the case that the potable water (drinking quality water) becomes contaminated, the Texas Commission on Environmental Quality (TCEQ) will conduct a survey of the affected area and can fine property owners up to $10,000 for an improper connection to the potable water supply.  Hiring a licensed/qualified Irrigator will insure the property owner’s system meets code requirements, and protects them from this liability.

Please feel free to call or e-mail us if you have any questions.

UPDATE:

During the last quarter of 2008, The West Texas Irrigation Association has been involved in the creation of the new City of El Paso’s Residential Irrigation Ordinance.  Several members were present during the Public Meetings referencing the creation of the New Ordinance.  We soon found out there was going to be minimal input from the local Irrigation Industry.  The entire Ordinance was literally force fed to the community because of the State House Bill passed last year.  We the industry (state wide) failed to correct many aspects of this legislation prior to the vote.  It was early September 2009 before the State released the documents required for local Municipalities with a required effective date of January 1, 2009. Therefore, the new ordinance is as written and was voted into El Paso Ordinance on January 6, 2009.