§ 11-59. Fire flow tanks and other measures.

(a)

This section shall be applicable to any land development utilizing fire flow tanks and/or other allowed measures.

(b)

Fire flow tanks and other allowed measures including but not limited to ponds and pumps when approved for use by the County Fire Marshal shall be designed by and installed under the supervision of a professional engineer who shall certify to the County that such has been designed and installed so that it meets all applicable state laws and codes.

(c)

Requests by any developer to utilize fire flow tanks or other allowed measures shall be accompanied by a plan prepared by a professional engineer, for the design and long-term maintenance and inspection of said tanks and other measures to be approved by the County Fire Marshal.

(d)

The following definitions are hereby adopted:

(1)

Fire flow tanks are hereby defined as follows: an above or below ground tank made of concrete or composite materials utilized to assist in fire fighting.

(2)

Other allowed measures are hereby defined as follows: including but not limited to holding ponds; dry hydrants; and pumps utilized to assist in fire fighting.

[Subsections (d)(1) and (d)(2) may be individually or collectively referred to as systems.]

(3)

The responsible management entity (RME) is hereby defined as follows: the person, persons, corporation, partnership, or other entity that has the managerial, financial and technical oversight over any system including but not limited to operations and management, permit compliance, record keeping, reporting, customer service, billing and collection and is fully responsible for the long-term cost effective operations in accordance with all applicable regulations and performance requirements.

(e)

An RME shall be designated by the developer and shall comply with all state laws and regulations, the provisions in this section, and any regulations promulgated hereto.

(f)

The RME shall charge a sufficient rate or fee that includes reserves for operation, maintenance, emergencies, and capital improvements.

(g)

The County Fire Marshal is hereby authorized to promulgate rules and regulations, subject to approval by the Quorum Court to further effectuate this section.

(h)

Before any such land development is approved by the Washington County Planning Board, the RME shall provide the following to the Public Utilities Coordinator:

(1)

The name and location of the land development to be served by the system and the type of system that is being utilized; and that such has been approved by the Fire Marshal;

(2)

The number of lots to be served;

(3)

The rate or fee that will be charged to the property owners;

(4)

The amount of reserves that will be built into any rate or fee along with evidence indicating how these reserves are adequate and appropriate to provide long-term sustainable performance and compliance with permits;

(5)

The legal entity that will own and retain the necessary services and the exact name, address and phone number of said entity;

(6)

A copy of the contract to be executed for the maintenance and inspection;

(7)

Plans to enforce and collect the rate or fee to be charged; and

(8)

Any other matter deemed relevant by the Public Utilities Coordinator.

(i)

The RME shall report to the Public Utilities Coordinator, upon request, any matters relevant to the operation including, but not limited to operation and maintenance issues, environmental issues, financial matters, customer service issues, and any other matter deemed relevant by the Public Utilities Coordinator. A bond, letter of credit or other similar instrument in an amount to be determined by the Public Utilities Coordinator shall be posted by the RME to ensure compliance with this section and any regulations promulgated hereto.

The Public Utilities Coordinator is authorized to promulgate additional rules and regulations in coordination with the Fire Marshal to assure compliance with this section and the financial viability of any such systems, subject to approval by the Quorum Court.

(j)

The following provisions shall apply to non-residential large scale developments not charging a fee for operation.

(k)

The RME in such a development shall maintain sufficient sums of money that include reserves for operation, maintenance, emergencies and capital improvements.

(l)

Before any such large scale development is approved by the Planning Board, the RME shall provide the following to the Public Utilities Coordinator:

(1)

The size and location of the land development to be served by the system and the type of system that is being utilized and if such has been approved by the Fire Marshal;

(2)

The square footage of the facility to be served;

(3)

The projected cost of operating and maintaining the system on an annual basis;

(4)

The amount of reserves that will be retained along with evidence of how these reserves will adequately provide for sustainable performance and compliance with permits;

(5)

The legal entity that will own and retain the necessary services and the name, address and telephone number of said entity;

(6)

A copy of the contract to be executed for the maintenance and inspection;

(7)

Any other matter determined relevant by the Public Utilities Coordinator.

(m)

The following provisions shall apply to all land developments: Any system owned, operated and maintained by a volunteer fire department or similar entity approved by the Fire Marshal shall be exempt from the provisions of this section and Ordinance No. 2006-52.

(n)

A violation of this section or any regulation promulgated hereto shall be enforceable by appropriate civil action by the County Judge. Such civil remedy shall include but is not limited to injunctive relief, civil sanctions, and removal of the RME from operating or in any other manner managing said system. Attorney fees and any other costs related to any civil action may also be recovered.

(o)

This section shall be applicable throughout the unincorporated area of the County including the extra-territorial growth area of any incorporated city. This section shall not be applicable in the event any such system is or becomes owned, maintained, or operated by an incorporated city or other approved public entity. In the event that an incorporated city or other approved public entity enacts ordinances or rules and regulations concerning said systems, then the more stringent provisions shall apply.

(Ord. No. 2006-52, Arts. 1—11, 9-14-06; Ord. No. 2006-77, Arts. 1—4, 12-14-06)