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HomeMy WebLinkAboutComplete Legislation FRAN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE IV ENTITLED "WATER CONSERVATION ORDINANCE," TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE WATER USAGE IN THE CITY OF MIAMI, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the past eight (8) years, the City of Miami (the "City") has launched a comprehensive and aggressive campaign to clean streets, waterways, brownfields, storm drains, and improve our air and water quality, thus reversing decades of environmental neglect; and WHEREAS, the City is located within the South Florida Water Management District ("SFWMD"), which has reported drought conditions for much of the last several years; and WHEREAS, increasing demand, increasing salt water intrusion, and decreased precipitation threaten to further reduce the region's supply of drinking water; and WHEREAS, potable drinking water is one of the City's most important natural resources, and the City is committed to sustainability and conserving natural resources; and WHEREAS, use of high efficiency plumbing fixtures can reduce water consumption at fixtures as much as fifty percent (50%) compared to existing state building code and can result in significant cost savings to the City's residents and building owners; and WHEREAS, according to the SFWMD, outdoor irrigation accounts for up to 50% of water use in Florida, and 50% of that water may be lost to evaporation; and WHEREAS, Miami -Dade County, Florida has adopted standards requiring the use of high efficiency plumbing fixtures in new construction and is developing requirements for restrictions on landscape irrigation; and City of Miami Page I of 10 Printed On: 5/1/2009 City of Miami City Hall 3500 Pan American Legislation Drive Miami, FL 33133 www.miamigov.com Ordinance File Number: 09-00365 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE IV ENTITLED "WATER CONSERVATION ORDINANCE," TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE WATER USAGE IN THE CITY OF MIAMI, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during the past eight (8) years, the City of Miami (the "City") has launched a comprehensive and aggressive campaign to clean streets, waterways, brownfields, storm drains, and improve our air and water quality, thus reversing decades of environmental neglect; and WHEREAS, the City is located within the South Florida Water Management District ("SFWMD"), which has reported drought conditions for much of the last several years; and WHEREAS, increasing demand, increasing salt water intrusion, and decreased precipitation threaten to further reduce the region's supply of drinking water; and WHEREAS, potable drinking water is one of the City's most important natural resources, and the City is committed to sustainability and conserving natural resources; and WHEREAS, use of high efficiency plumbing fixtures can reduce water consumption at fixtures as much as fifty percent (50%) compared to existing state building code and can result in significant cost savings to the City's residents and building owners; and WHEREAS, according to the SFWMD, outdoor irrigation accounts for up to 50% of water use in Florida, and 50% of that water may be lost to evaporation; and WHEREAS, Miami -Dade County, Florida has adopted standards requiring the use of high efficiency plumbing fixtures in new construction and is developing requirements for restrictions on landscape irrigation; and City of Miami Page I of 10 Printed On: 5/1/2009 File Number: 09-00365 WHEREAS, on April 12, 2007 and September 25, 2008, resolutions of the City Commission have unanimously recommended that the City implement water conservation measures adopted; and WHEREAS, the City wishes to increase water conservation among its residents and building owners; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 22.5, of the Code of the City of Miami, Florida, as amended, entitled "Green Initiatives," is amended in the following particulars: {1 } "CHAPTER 22.5 GREEN INITIATIVES ARTICLE IV. WATER CONSERVATION ORDINANCE Section 22.5-xx Intent The intent of the Water Conservation Ordinance is to establish a water conservation program that serves to protect the quality and quantity of the water resources of the City. The City will cooperate with the South Florida Water Management District and Miami Dade County to promote methods to conserve and reuse this valuable resource for City residents as well as City operations. Section 22.5-xx Definitions Address means the "house number" (a numeric alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the United States Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the United States Postal Service (e.g. the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address it shall be considered "even -numbered". City of Miami Page 2 of 10 Printed On:5/1/2009 File Number.' 09-00365 Athletic recreation area means all golf course fairways, tees. roughs and greens and other athletic play surfaces: including. football, baseball. soccer, polo, tennis and lawn bowling fields. rodeo. equestrian and livestock arenas. Citv means the Citv of Miami Citv Manager means the City Manger or designee District means The South Florida Water Management District (SFWMD). Even Numbered Address means an address ending in the numbers 0, 14, 6, 8 or the letters A -M. or locations with no address. such as rights-of-way. Existing Landscape means any landscaping which has been planted and in the ground for more than sixty (60) days. Irrigation systems mean equipment and devices which deliver water to the landscape being irrigated including, but not limited to, pumping stations, controls. main and submain pipelines, lateral pipelines, emitters, valves, fittings and safety devices. Landscape means all residential. commercial, institutional, industrial or governmental areas which are ornamentally planted including, but not limited to, turf, ground covers, flowers shrubs, trees, sand, mulch, hedges and similar plant materials, lawns, sod, grass, and such other flora, not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and ri ts-of-way excgpt athletic play areas as defined in section 22.5. Landscape Irrigation means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rits-of-wa except athletic play areas as defined in section 22.5. Low Volume Hand Watering means the watering of landscape by one (1) person, with one (1) hose, fitted with a self canceling or automatic shutoff nozzle. Low Volume Irrigation means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water rgquirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. City of Miami Page 3 of 10 Printed On: 5/1/2009 File Number: 09-00365 Micro -Irrigation means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. including methods or concepts such as bubblers. drips, trickles. mists or microsprays. and subsurface irrigation. Nen Landscaping means any landscaping which has been planted and in the ground for sixty (60) days or less. Odd Numbered Address means an address ending in the numbers 1.3. 5, 7. 9, or the letters N -Z. Reclaimed Vater means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C. User means any person, individual, firm, association. organization, partnership, business trust, corporation, company, agent. employee or other legal entity whether natural or artificial, the United States of America, and the State of Florida and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utilitysystems, uses under water use permits issued pursuant to Chapter 40E-2 or 40E-20, F.A.C., or uses from individual wells or pumps. Water Waste means allowing water to be dispersed without any practical purpose; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use; for example, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks and other impervious surfaces; allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system. Water Resource means water on or beneath the surface of the ground including, but not limited to, natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. Sec. 22.5-xx Water Shortage Emergency 1.1: Applicability All customers of Miami -Dade Water and Sewer Department ("NMWASD") or users of ground water and surface water sources for landscape irrigation purposes (this includes precipitation) within the City of Miami limits. 1.2: Water Shortage Guidelines City of Miami Page 4 of 10 Printed On:5/1/2009 File Number 09-00365 A. The Citv hereby adopts the Water Shortage Plan. Rule 40E-21. Florida Administrative Code. as amended. which is herebv adopted and incorporated by reference. B. The declaration of a water shortage or water shortage emergency as defined by the governing board or executive director of the District, within all or anv part of the City. shall invoke the provisions of this Article. Upon such declaration. all water use restrictions or other measures adopted by the District shall be applicable to the Cit or portion thereof and be enforced pursuant to Section 1.3. Any violation of the provisions of Chapter 40E-21. F.A.C. as amended. or any order issued pursuant thereto. shall be a violation of this section. 1.3: Enforcement A. Every code enforcement officer or designee of the City Manager shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Section. 1.4: Penalty A. Violations of the provision of this Article may punished pursuant to Chapter 162, Florida Statutes, as amended and the Code Enforcement Ordinance of the City of the Miami. FL, as amended with a civil infraction. B. Violations of any provision of this section shall be subject to Chapter 2 Article 10 of the City Code and to the following penalties: a. First violation: Seventy -Five (575.00) fine. Second and subsequent violations: Fine not to exceed Five Hundred Dollars (5500. b. Each day in violation of this section shall constitute a separate offense. For purposes of this article, no person shall be found to have committed a repeat violation of the provisions of this article that occurred during_a prior water shortage or water shortage emer ency which is no longer in effect. C. The provisions of this article are not the exclusive remedy or means for enforcement of the Code of the City and do not precluded any other remedies available by law. Section 22.5-xx: Year -Round Water Conservation 2.1: Intent A. To assist in reducing overall per capita water use in the Citv in accordance with the goals established by MDWASD. a. To reduce landscape irrigation and irrigation -related Water Waste by residents and other entities that receive water from MDWASD as well as water from other ground water and surface water sources for landscape irrigation. City of Miami Page 5 of 10 Printed On: 51112009 File Number. 09-00365 B. To reduce Water Waste: i.e.. overwaterinQ. inefficient watering. 2.2: Year -Round Watering Restrictions These restrictions apply to all properties within the City of Miami. A. Irrigation is allowed two (2) days a week. on the following schedule: 1. Landscape Irrigation of Existing Landscaping shall be prohibited between the hours of 10 am and 4 am. 2. Residents and businesses with an Odd Numbered Properties - Landscape Irrigation is permitted on Wednesdays and Saturdays only. 3. Residents and businesses with Even- Numbered Properties - Landscape Irrigation is permitted on Thursdays and Sundays. B. Irrigation of New Landscaping shall comply with the following provisions: 1. Irrigation of New Landscaping shall be prohibited between the hours of 10 am and 4 pm daily, except as otherwise provided herein. 2. On the day the New Landscaping is installed, the New Landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately priior to the installation of the New Landscaping is also allowable without regard to the normal allowable watering days and times. 3. The sixty (60) day period begins the day the New Landscaping is installed. The New Landscaping shall be installed within a reasonable time from the date of purchase which may be demonstrated with a dated receipt or invoice. 4. Irrigation of New Landscaping_ which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday and/or Sunday. 5. Irrigation of New Landscaping which has been in place for thirty-one (31 to sixty (60) days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday. 6. Irrigation of the New Landscaping is limited to areas containing the New Landscaping only. An entire zone of an irrigation system shall onlybbe utilized for landscape irrigation under this paragraph if the zone in Question is for an area that contains at least fifty percent (50%) New Landscaping. If a zone contains less than fifty percent (50%) New Landscaping, or if the New Landscaping is in an area that will not ically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this paragraph. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the New Landscaping. C. Landscape Irrigation systems may be operated during restricted days and/or times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape Irrigation systems may routinely be City of Miami Page 6 of 10 Printed On:5/1/2009 File Number 09-00365 operated for such purposes no more than once per week. and the run time for anv one test should not exceed ten (10) minutes per zone. D. Landscape Irritation for the purpose of water -in fertilizers. insecticides. pesticides. fungicides and herbicides. where such watering -in is recommended by the manufacturer. or be federal. state or local law, or best management practices. shall be allowed under the following conditions: 1. Such watering -in shall be limited to one application unless the need for more than one (1) application is stated in the directions for application specified by the manufacturer. and 2. Such watering -in shall be accomplished during normally allowable watering days and times set forth in paragraphs 22.5-2.2(A) and 22.5- 2.2(B) unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering in activity. E. Any plant material may be watered using low volume irrigation. micro - irrigation, low-volume hand watering methods. and rain barrels. cisterns. or other rain harvesting devices without regard to the watering days or times allowed pursuant to this section. F. The following shall be exempt from the requirements of 22.5-2.2(A), (B), and 1. Low-volume irrigation systems and hand -watering including but not limited to the use of a hose with a self -canceling or closing nozzle. 2. Irrigation with treated wastewater effluent, reclaimed water in accordance with federal, State and local water reuse quality standards, or the use of saltwater. 3. Irrigation of landscaping for purposes of watering in fungicides, insecticides and herbicides, where watering is required by the manufacturer or by federal, State or local laws. This exemption shall apply only to licensed pest control applicators and shall be limited to the minimum amount specified by the manufacturer's recommendations for the products applied. 4. The operation of irrigation systems for installation, cleaning, repairs, and maintenance purposes by a licensed irrigation contractor or the property owner(s). Each irrigation zone may be tested no more than once a week by the property owners and more frequently by a licensed irri ag tion contractor. However, such testing shall be limited to the minimum necessary to maintain efficient operation of the system. 5. Irrigation of new lawns and landscaping between 11:00 a.m. and 12:01 p.m. daily for a period of thirty (30) days or until the lawn or landscaping is considered established, whichever period is shorter. G. Enforcement. Every code enforcement officer or designee of the City Manager shall, in connection with all other duties imposed by law, diligently enforce the provisions of this section. H. Penalties. Violations of any provision of this section shall be subject to Chapter 2 Article 10 of the City Code and to the following penalties: City of Miami Page 7 of 10 Printed On:51112009 File Number: 09-00365 1. First violation: Seventy -Five (875.00) fine. Second and subsequent violations: Fine not to exceed Five Hundred Dollars (8500.00). 2. Each day in violation of this section shall constitute a separate offense. 3. The provisions of this article are not the exclusive remedy or means for enforcement of the Code of the City and do not precluded anv other remedies available by law. Section 22.5-xx Requirements for Plumbing Fixtures 3.1 Intent A. To require reduced flow rates and consumption for plumbing fixtures. fixture fittings, and appliances installed within the City. Such high efficiency plumbing fixtures, fixture fittings, and appliances shall comply with the specifications below or with the United States. Environmental Protection Agency (EPA) WaterSense Program, where applicable. 3.2 Requirements for Plumbing Fixtures A. The City herebypts Section 8-31(A) of the Code of Miami -Dade County, Florida, which consists of the following local technical amendments to Table 604.4 of Chapter 6 (Plumbing) of the Florida Building Code. 604.4 Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures and fixture fittings shall be in accordance with Table 604.4. Permit applications for new residential and commercial structures shall include high efficiency plumbing fixtures, fixture fittings and appliances as provided in Table 604.4. Such high efficiengy plumbing fixtures, fixture fittings and appliances shall comply with the specifications in Table 604.4 or have received the U.S. Environmental Protection Agency (EPA) WaterSense Label. Exceptions: 1. Blowout design water closets having a maximum water consumption of 3.5 gallons (13 L) per flushing cycle. 2. Vegetable spray 3. Clinical sinks having a maximum water consumption of 4.5 gallons (17 L) per flushing cycle. 4. Service sinks. 5. Emergency showers. City of Miami Page 8 of 10 Printed On:511/2009 File Number., 09-00365 TABLE 604.4 MAXIMUM FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES AND FIXTURE FITTINGS PLUA- fBING FIXTURE OR FIXTURE FITTING ALAXIAIUINI FLOW RATE N OR QUATITYe Lavatory private 1.5 gpm at 60 psi Lavatorv. public. (metering) 0.25 gallon per metering cycle { Lavatory, public (other than metering) ; 0.5 mat 60 si ? p } I Shower head (a) 1.5 qpm at 80 psi Sink faucet j 1.5 gpm at 60 psi { Urinal Waterless or 0.5 gallon per flushing cycle Water closet } 1.28 gallons per flushing cycle (effective 1.28 gppf for dual flush systems) Dishwasher (residential) 6.5 gallons per cycle or less (Enemy Star/Water Sense Certified) (c1 Dishwasher (commercial) Less than 1.2 gallons per rack for fill and dump machines and less than 0.9 gallons per rack for all other types of machines Dishwasher (under the counter 1.0 gallon or less per rack for higli- machines) temperature machines and 1.7 gallons per rack for low temperature machines. Washing_ machine Water factor of 8 or lower (Energy Star/Water Sense Certified) (c) gpm:algL lons per minute psi: pounds per square inch For SI: 1 gallon=; 3.785 L 1 gallon per minute = 3.785 L/m 1 pound per square inch = 6.895 kPa. (a) A handheld shower spray is a showerhead. (b) Consumption tolerances shall be determined from referenced standards. (c) Water factor in gallons per cycle per cubic foot. B. The City hereby adopts Section 8-31(B) of the Code of Miami -Dade County, Florida, which consists of the following local technical amendments to Table P2903.2a of Chapter 29 (Residential) of the Florida Building Code. P2903.2a Maximum flow and water consumption. The maximum water consumption flow rates and quantities for all plumbing fixtures, fixture fittings and appliances shall be in accordance with Table P2903.2a. Permit applications for new residential structures shall include high efficiency_ plumbing fixtures, City of Miami Page 9 of 10 Printed On: 5/1 /2009 File Number 09-00365 fixture fittings and appliances as provided in Table P2903.2a. Such high efficiency plumbing fixtures, fixture fittings and appliances shall comply with the specifications in Table P2903.2a or have received the U.S. Enviromnental Protection AQencv (EPA) WaterSense Label. TABLE P2903.2a MAX NlU1%1 FLOW RATES AND CONSUMPTION FOR PLUMBING FIXTURES, FIXTURE FITTINGS AND APPLIANCES Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 121 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote fl) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 10 of 10 Printed On:511/2009 PLUNIBINTG FIXTURE OR FIXTURE PLUMBING FIXTURE OR FITTING FIXTURE FITTING NIAXJA1UM FLOW RATE Lavatory faucet 1.5 gpm at 60 psi Shower head (a) 1.5 gpm at 80 psi Sink faucet 1.5 gpm at 60 psi 1.28 gallons per flushing (gpf) cycle (effective Water closet 1.28 gpf for dual flush systems) Dishwasher (residential) 6.5 gallons per cycle or less (Energy Star/Water Sense Certified) (c) Water factor of 8 or lower (Energy Star/Water Washing machine Sense Certified) (c) Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 121 APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY ..Footnote fl) Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 10 of 10 Printed On:511/2009