Tampa City Code § 26-66 Title.
Sec. 26-66. - Title.
This article shall be known and may be cited as the "City of Tampa Water Ordinance."
(Ord. No. 89-253, § 2(58-61), 9-28-89)
WATER
Tampa City Code ch. 26, art. II
in effectTampa City Code § 26-67 Definitions.
Sec. 26-67. - Definitions.
For the purpose of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:
Air gap separation means the unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the flood level rim of the receptacle. The air gap separation shall be at least double the diameter of the supply pipe measured vertically above the top rim of the vessel, and in no case shall the gap be less than one (1) inch.
Approved backflow prevention device means a device that has been approved by the department and has been shown to meet the design and performance standards of the American Society of Sanitary Engineers (A.S.S.E.) and/or American Water Works Association (A.W.W.A.).
Available means that a functioning reclaimed water distribution main is located adjacent to the boundary of the property to be serviced.
Auxiliary water system means any water supply on or available to the premises other than the department's approved public potable water supply. The auxiliary supply may include water from another public water supply or any natural source such as a well, spring, river, stream, etc.
Backflow means the flow of any foreign liquids, gases or substances into the distributing pipelines of a potable supply of water. Backflow may occur under two (2) conditions: pressure greater than atmosphere and pressure that is subatmospheric.
Certified backflow prevention device technician means a person who has proven competency to the satisfaction of the department. Each person who is certified to make competent tests or to repair, overhaul and make reports on backflow prevention devices shall be conversant with applicable laws, rules and regulations, have had at least two (2) years of experience under a licensed plumber or have other qualifications which in the opinion of the department are equivalent and shall have attended and successfully completed the University of Florida Training, Research and Education for Environmental Occupations (TREEO) Certification Program for Backflow Prevention Device Testers or other programs acceptable to the department.
Connection fee means a one-time fee to be paid by the owner, tenant or occupant of each premises for each service connection to the waterworks system of the city, payable prior to the connection, whether such connection is metered or unmetered. Such fees apply for connections to either existing or proposed mains.
Cross-connection means any physical arrangement whereby a public potable water supply is connected, directly or indirectly, with any other water supply system, including but not limited to, wells, reclaimed water supply system, sewer drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage or other waste, or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public potable water supply or reclaimed water supply as the result of backflow.
Degree of hazard means the potential harm that may result from cross-connections within a water-using facility and is based upon the type and toxicity of a potential contaminant.
Department means the water department of the city.
Director means the director of the water department who shall be responsible for the management of the affairs of such Department.
Distribution facilities means distribution pipelines, including meters and related appurtenances.
Fire protection system means any service, public or private, used exclusively for the purpose of having water ready for the extinguishment of fire, usually sprinkler systems, hose rack systems or hydrant systems, metered and unmetered, connected to or independent of the waterworks system.
Irrigation system means a permanent underground watering system equipped with surface, subsurface or overhead emitters.
Low-volume irrigation is 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 requirement of the plant being irrigated and designed to allow that water to be placed with a high degree of efficiency within the root zone of the plant; it provides for the irrigation of plants with one (1) hose, fitted with a self-canceling or automatic shutoff nozzle, attended by one (1) person.
Point of delivery means the discharge end of the department's metering facility.
Reclaimed water means water that has been produced through treatment at the Howard F. Curren Advanced Wastewater Treatment Plant.
Reclaimed water delivery point means the discharge end of the city's reclaimed water meter.
Reclaimed water distribution pipeline means the pipeline used to supply reclaimed water to service pipelines.
Reclaimed water service area means that area or areas that have been provided with reclaimed water distribution pipelines, and includes distribution facilities; pipelines; meters and related appurtenances.
Reclaimed water service pipeline means the pipeline for reclaimed water from the reclaimed distribution pipeline to the meter.
Reuse means the deliberate application of reclaimed water.
Setback distance means the measured distances between the wetted site area subject to land application of reclaimed water and surface waters, potable water wells, and outdoor eating establishments, as required by state law.
Waterworks system means any plant, reservoir, meter, pipeline system, well, facility or property used or useful or having the present capacity for future use in connection with the obtaining, treatment and distribution of potable water and, without limiting the generality of the foregoing, shall include all necessary appurtenances and equipment, including all property, rights, easements and franchises necessary or convenient for the operation thereof, owned and operated by the city through its water department.
(Ord. No. 89-253, § 2(58-62), 9-28-89; Ord. No. 90-148, § 9, 5-24-90; Ord. No. 2004-119, § 4, 5-6-04)
Tampa City Code § 26-68 Water pressure not guaranteed; right of city to turn off water; fee for restoration of water; liability of city for damage due to low pressure; liability of city for damage and/or loss due to use of reclaimed water.
Sec. 26-68. - Water pressure not guaranteed; right of city to turn off water; fee for restoration of water; liability of city for damage due to low pressure; liability of city for damage and/or loss due to use of reclaimed water.
(a) The city does not guarantee an uninterrupted supply of water or water at any particular pressure for any purpose. The department shall have the right to shut off the water at any time for the purpose of making repairs or extensions or for other purposes incidental to the public water supply and will not be responsible for any damage resulting from such acts.
(b) The department shall have the right to turn off water service at the main for the protection of the city or the customer in cases where a private water system has been installed or a building has been burned or razed or where the customer has been found to be using water illegally and to assess the regular schedule of fees for restoration of service.
(c) The department shall have the right to turn off the water service at the service connection immediately should a suspected health hazard be present within the customer's water-using facilities which may pose a threat to the quality of the public potable water supply.
(d) The department shall not be responsible for any damage which results from the act of a customer leaving a valve open.
(e) The city guarantees no certain water pressure and, in no case, shall be in any way liable or responsible to any person whatsoever in case of fire for any damage that may result from any alleged insufficiency of such fire protection, either from want of pressure or volume, accessibility or from any other cause.
(f) The city shall not be responsible for any damages and/or losses which results from the act of a customer using reclaimed water.
(Ord. No. 89-253, § 2(58-63), 9-28-89; Ord. No. 2004-243, § 1, 10-14-04)
Tampa City Code § 26-69 City not responsible for water or reclaimed water loss from leaks on private property.
Sec. 26-69. - City not responsible for water or reclaimed water loss from leaks on private property.
The city shall not be responsible for any loss of water or reclaimed water from leaks or otherwise on the private property of a customer and shall be under no obligation to make monetary adjustment for such leaks.
(Ord. No. 89-253, § 2(58-64), 9-28-89; Ord. No. 2004-119, § 4, 5-6-04)
Tampa City Code § 26-70 Protection of department's equipment and property.
Sec. 26-70. - Protection of department's equipment and property.
It is unlawful for any person to maliciously, willfully or negligently break, damage, destroy, deface, tamper with, commit a trespass to, interfere with or remove any portion of the waterworks system and/or for any person to turn off or turn on water at the curb stop, the corporation stop, valve or hydrant, to molest or disconnect or park any vehicle over or place any other obstruction upon or in any manner interfere with the reading, maintenance or operation of any water meter, connection, main or other equipment of the waterworks system.
(Ord. No. 89-253, § 2(58-65), 9-28-89)
Tampa City Code § 26-71 Customer furnishing water to another person.
Sec. 26-71. - Customer furnishing water to another person.
No person shall furnish water from his own premises to any other person by extending pipes to the premises of another person without first obtaining written permission from the department.
(Ord. No. 89-253, § 2(58-66), 9-28-89; Ord. No. 90-148, § 10, 5-24-90)
Tampa City Code § 26-72 Illegal connections.
Sec. 26-72. - Illegal connections.
The city has the right to discontinue service in cases where an illegal connection is found and to assess an average water bill for a period of up to twenty-four (24) months when it has been established that the customer has been receiving water service without payment for same.
(Ord. No. 89-253, § 2(58-67), 9-28-89)
Tampa City Code § 26-73 Entering into or upon waters, banks or bed of the Hillsborough River within certain distance of water department dam prohibited.
Sec. 26-73. - Entering into or upon waters, banks or bed of the Hillsborough River within certain distance of water department dam prohibited.
It is unlawful for any person to enter, by any means for any purpose, into or upon the waters, banks or bed of the Hillsborough River within one hundred fifty (150) yards or an area marked by buoys, signs or other means, upstream or downstream from the city water department dam, as the same is now located across the river at 30th Street; provided, this section shall not apply to any person authorized by the city while actually inspecting, tending or working upon the dam.
(Ord. No. 89-253, § 2(58-68), 9-28-89)
Tampa City Code § 26-74 Application for water commitment, connection or service; execution of service commitment considered contract between customer and city.
Sec. 26-74. - Application for water commitment, connection or service; execution of service commitment considered contract between customer and city.
(a) All persons requesting water commitment, connection or service shall make application setting forth the information required by the department. The order, sequence and prerequisites for making applications for service shall be as designated by the official.
(b) The application will be reviewed by the department to determine the adequacy of existing facilities and what, if any, new facilities may be required.
(c) If found physically and financially feasible to provide service, the department will notify the applicant of the determination and issue a commitment for water service. The applicant thereupon, before the commencement of any work on the project, shall install, at the applicant's expense, approved backflow prevention devices, if applicable, and shall pay to the department the appropriate charges and shall comply with any and all applicable conditions of the commitment. If not physically and financially feasible to provide such service, the department will so notify the applicant and advise what changes must be made to make it feasible. If the changes or adjustments are established, the department will issue a conditional commitment for water service. The applicant thereupon, before the commencement of any work on the project, shall satisfy all conditions set forth in the conditional commitment for water service, including the installation, at applicant's expense, of approved backflow prevention devices, if applicable, and payment of the appropriate charges.
(d) All commitments shall bind the customer and their successors to all conditions of the commitment and will require the applicant and applicant successors to comply with all the rules and regulations as prescribed and fixed hereunder or as hereafter adopted.
(e) If the parcel for which water service is requested does not abut a dedicated public right-of-way, water service will be located within the closest public right-of-way and the owner shall provide the department with evidence of a recorded easement(s) creating a corridor to extend the privately owned and maintained piping from said parcel to dedicated public right-of-way. Said easement(s) shall be by and between the relevant parcel owners and their successors and assigns. Said easement(s) shall be recorded prior to water service commitment issuance.
(Ord. No. 89-253, § 2(58-69), 9-28-89; Ord. No. 90-148, § 11, 5-24-90; Ord. No. 2020-1, § 2, 1-9-2020)
Tampa City Code § 26-75 Termination of contract for water service by customer.
Sec. 26-75. - Termination of contract for water service by customer.
Any customer for water service may terminate his contract for such service at any time by giving notice in writing to the utility accounting division at its office in the city hall and by paying all amounts due for services up to the date of receipt by the city of such notice; but in case notice is not given or the bills due for services not paid, then he shall continue to be liable for water consumed thereafter and for the minimum monthly rate or charge in case no water is consumed, even though he may vacate the premises or they may be occupied by other parties who fail to make application for service and sign a contract. The division will not accept any notice as binding unless same is made in writing. Persons giving verbal notice either at the city hall office of the utility accounting division or by telephone do so at their own risk.
(Ord. No. 89-253, § 2(58-70), 9-28-89)
Tampa City Code § 26-76 Separate connection required.
Sec. 26-76. - Separate connection required.
There shall be a separate service connection for each premises unless determined otherwise herein. Fire service connections may serve more than one (1) premises if approved by the director and the fire marshal. Approved backflow prevention devices shall be installed at each service connection where two (2) or more metered services supply internal water distribution systems that are connected together.
Water facilities downstream of a master meter service may be combined into common piping whether they be for domestic, irrigation, and/or fire protection purposes provided: a) all other department requirements are met and b) approved by the director or his/her designee.
(Ord. No. 89-253, § 2(58-71), 9-28-89; Ord. No. 90-148, § 12, 5-24-90; Ord. No. 93-148, § 1, 9-23-93; Ord. No. 2020-1, § 3, 1-9-2020)
Tampa City Code § 26-77 Cross-connection control.
Sec. 26-77. - Cross-connection control.
The city hereby incorporates by reference those portions of Chapter 62-555, Florida Administrative Code, revised by the state department of environmental protection and as applicable to the implementation of the cross connection control program implemented by the city.
(1) If a customer has a private supply of water, or is supplied with reclaimed water, the city shall have the right to refuse service to the customer where the pipes containing city potable water are cross-connected to private supplies or reclaimed water supplies.
(2) It is unlawful for any person to connect or cause to be connected to the city potable water pipes, by any means whatsoever, other pipes containing water or other substances from an individual or public supply other than potable water furnished by the city, unless he has fully complied with the rules and regulations for backflow prevention as set out in this chapter and has been approved for such connections by the department.
(3) If any person, as the owner of the property, shall have upon the property a supply of water other than the supply of water furnished by the department and also have upon such property a water supply furnished by the department, the owner shall have and is hereby required to have a dual system of pipes upon the property, one (1) system of pipes being for water supplied by the department and the other system of pipes being for the supply of water from the private supply. It shall be unlawful for the two (2) systems to be connected together in any manner except as set forth in succeeding sections of this chapter.
(Ord. No. 89-253, § 2(58-72), 9-28-89; Ord. No. 2016-176, § 8, 11-17-2016)
Tampa City Code § 26-78 Cross-connection control—Location and construction of tanks into which city water is discharged.
Sec. 26-78. - Cross-connection control—Location and construction of tanks into which city water is discharged.
(a) Tanks into which water furnished by the department is discharged shall be required to be at such distance below the discharge pipes so that the water in such tanks can at no time rise to a level as to come in contact with the discharge pipes.
(b) The installation shall be constructed in a manner to ensure that the outlet of the discharge pipes shall be a minimum of six (6) inches or a distance of two (2) times the diameter of the discharge pipe, whichever is greater, above the maximum possible height of the water in the tanks; and the pipes shall be so arranged in conjunction with the discharge of water into the tanks so as to create an atmospheric gap to prevent any possible siphonage or siphoning effect. It shall be unlawful to construct, erect or fill the pipes or tanks otherwise than as herein prescribed.
(Ord. No. 89-253, § 2(58-73), 9-28-89; Ord. No. 2016-176, § 9, 11-17-2016)
Tampa City Code § 26-79 Reserved.
Tampa City Code § 26-80 Cross-connection control—Notice to owner to disconnect; noncompliance with notice.
Sec. 26-80. - Cross-connection control—Notice to owner to disconnect; noncompliance with notice.
(a) Where cross-connections are found to exist, the owner, his agent, occupant or tenant shall be notified in writing to disconnect the same within the time limit established by the department. Maximum time limits for elimination or neutralization of a cross-connection are based upon the degree of hazard and shall be as follows:
(1) Cross-connection remedied through:
a. Elimination;
b. An air gap or overflow modification;
c. A reduced pressure principle backflow preventer or double check value assembly for sizes three-quarter inch through two (2) inches; and
d. Pressure vacuum breakers and atmospheric vacuum breakers, all sizes;
up to thirty (30) days.
(2) Cross-connections remedied by reduced pressure principle backflow preventers or double check value assemblies for sizes two and one-half (2½) inches and larger, up to sixty (60) days.
(3) Cross-connections with wells or other auxiliary supplies of water, up to three (3) days.
(b) If such requirements are not complied with, the department shall discontinue water service to or upon the property by turning off water at the point of connection. Before service can be restored or water supplied from the point of delivery, the cross-connection on the property shall be eliminated or neutralized against backflow, and the owner, his agent, occupant or tenant shall be required to pay the prescribed fee to the city for turning on water at the point of connection.
(Ord. No. 89-253, § 2(58-75), 9-28-89; Ord. No. 2016-176, § 11, 11-17-2016)
Tampa City Code § 26-81 Same—Prohibited except as otherwise provided; property owner held responsible for violation.
Sec. 26-81. - Same—Prohibited except as otherwise provided; property owner held responsible for violation.
It is unlawful for any person, owner, agent or tenant to make or allow others to make a cross-connection of potable water pipes with any other, public or private, on the property, and the owner of such property shall be held responsible for the violation thereof.
(Ord. No. 89-253, § 2(58-76), 9-28-89; Ord. No. 2004-119, § 4, 5-6-04; Ord. No. 2016-176, § 12, 11-17-2016)
Tampa City Code § 26-82 Same—Backflow devices—Revocation of right to test.
Sec. 26-82. - Same—Backflow devices—Revocation of right to test.
Any person who has received in writing from the official permission to test backflow prevention devices either at the person's place of business or at facilities at large supplied by the city water supply system may have his right to test backflow prevention devices revoked by the official if sufficient evidence or testimony warrants such revocation. Grounds for revocation include incompetence and the willful violation of sections within this chapter or applicable plumbing codes. Prior to revocation, the technician shall receive written notification by certified mail of the department's intent and will be given time to present evidence in defense at a hearing before the official. The official shall have the right of final decision and shall notify the technician of the decision by certified mail.
(Ord. No. 89-253, § 2(58-77), 9-28-89; Ord. No. 2016-176, § 13, 11-17-2016)
Tampa City Code § 26-83 Same—Control of backflow.
Sec. 26-83. - Same—Control of backflow.
(a) Approved backflow prevention devices shall be installed on the service connection to any premises that the department has identified as having a potential for backflow. Table 62-555.360-2 shall be used as minimum requirement. Such devices and installations shall be subject to inspection and approval by the department. Facilities that usually require a backflow prevention device at the service connection are, but are not limited to, the following auxiliary water systems; used water and industrial fluid systems; beverage bottling plants and breweries; public and private structures over thirty-six (36) feet in height requiring water; canneries; plants for manufacturing, processing, compounding, or treating chemicals; dairies; cold storage plants; film laboratories; fire systems; hospitals, medical buildings, doctors' offices, veterinarians' offices, sanitariums, morgues, mortuaries, nursing and convalescent homes and clinics; irrigation systems; laundries and dye work; metal manufacturing; cleaning, processing and fabricating plants; oil and gas production, storage or transmission facilities; paper and paper product plants; facilities handling radioactive materials or substances; natural or synthetic rubber plants; schools and colleges with laboratories; steam generating facilities; stormwater pumping stations, wastewater pumping stations, wastewater treatment plants; wharf facilities and other waterfront maritime industries.
(b) Notwithstanding, the preceding paragraph, any premises, regardless of the nature or character of the facility, which is connected both to potable water supplies and reclaimed water supplies, shall have the potable water supply protected by an approved backflow prevention device.
(c) Existing service connections shall be evaluated to determine if backflow prevention device is required under following circumstances:
(1) Whenever the property connects to reclaimed water service;
(2) Whenever auxiliary water system is discovered;
(3) Whenever cross-connection is discovered; or
(4) Whenever it undergoes alteration under a building permit.
(Ord. No. 89-253, § 2(58-78), 9-28-89; Ord. No. 2004-119, § 4, 5-6-04; Ord. No. 2016-176, § 14, 11-17-2016)
Tampa City Code § 26-84 Same—Backflow prevention device installation.
Sec. 26-84. - Same—Backflow prevention device installation.
(a) Backflow prevention devices installed by the city as a result of the single family residential premises being connected to the city's reclaimed water system shall be owned, tested and maintained by the city. Backflow prevention devices installed by the city for residential irrigation water service connections activated prior to May 2014 shall be owned, tested and maintained by the city. All existing backflow prevention devices connected to fire protection systems and owned, tested, and maintained by the city as of August 23, 2018 shall remain the responsibility of the city. All other backflow prevention devices will be owned, tested and maintained by the customer, including those facilities owned by the city as of August 23, 2018 that require replacement or alteration due to activities authorized pursuant to a building permit.
(b) The following information shall be forwarded to the department by the customer or installer within five (5) days after the installation of all reduced pressure principle backflow preventers (RP), double check valve assemblies (DCVA) and pressure vacuum breakers (PVB):
(1) Service address where device is located;
(2) Owner;
(3) Description of device's location;
(4) Date of installation;
(5) Type of device;
(6) Manufacturer;
(7) Model number; and
(8) Serial number.
(Ord. No. 89-253, § 2(58-79), 9-28-89; Ord. No. 93-148, § 2, 9-23-93; Ord. No. 2004-119, § 4, 5-6-04; Ord. No. 2016-176, § 15, 11-17-2016; Ord. No. 2018-128, § 2, 8-23-2018)
Tampa City Code § 26-85 Same—Backflow prevention device testing and repair.
Sec. 26-85. - Same—Backflow prevention device testing and repair.
(a) All reduced pressure principle backflow preventers, double check valve assemblies and pressure vacuum breakers shall be tested at the time of installation and afterwards at a minimum frequency of once per year by a certified backflow prevention device technician. Certified test results shall be forwarded to the department within seven (7) calendar days following the completion of the testing procedure. The department may require more frequent testing should the operating history of the device dictate.
(b) All repairs for backflow prevention devices which are required to be tested shall be conducted by certified backflow prevention device technicians or other persons approved by the department to make such repairs.
(Ord. No. 89-253, § 2(58-80), 9-28-89; Ord. No. 2016-176, § 16, 11-17-2016)
Tampa City Code § 26-86 Same—Backflow prevention device noncompliance of installation, testing or repair.
Sec. 26-86. - Same—Backflow prevention device noncompliance of installation, testing or repair.
(a) Customers responsible for installation, testing and repair of backflow prevention devices will be given time to install, test and repair them as specified in the cross-connection manual. Failure to comply with the time limits for installation, testing, and repair of devices may result in discontinuance of water service and constitute a violation of this chapter until compliance is achieved.
(b) If such requirements are not complied with, the department shall discontinue water service to or upon the property by turning off water at the point of connection. Before service can be restored or water supplied from the point of delivery, the cross-connection on the property may be eliminated or neutralized against backflow, and the owner, his agent, occupant or tenant may be required to pay the prescribed fee to the city for turning on water at the point of connection.
(Ord. No. 89-253, § 2(58-81), 9-28-89; Ord. No. 2004-119, § 4, 5-6-04; Ord. No. 2016-176, § 17, 11-17-2016; Ord. No. 2018-128, § 3, 8-23-2018)
Tampa City Code § 26-87 Meters—Installation inside and outside city.
Sec. 26-87. - Meters—Installation inside and outside city.
(a) The department has the right to install meters on any and all service pipes within and without the present corporate limits of the city and to charge and collect from the customer the cost of installing or setting such meters, such installation charge to be based upon size of meter and appurtenances thereto.
(b) All meters so installed shall be and remain the property of the city and shall be maintained and kept by the department in repair from damage caused by normal wear and tear without cost to the customer.
(c) In order to install meters and necessary appurtenances on a customer's property to provide requested water service to the customer, it shall be necessary for the customer in consideration therefor to grant the department permission to install the facilities on the customer's property in a location the department deems appropriate.
(d) The department is responsible for repair and maintenance of facilities up to and including the meter installation. The customer is responsible for all repairs on his side of the meter installation.
(e) When it is necessary for the owner of a premises to meter water flow from a private water system thereon for wastewater billing purposes, he may apply to the department for the installation of a meter, at his cost and subject to the provisions of subsections (a), (b) and (c) of this section.
(f) When a customer requests a meter solely for irrigation purposes, that connection shall be made to the city's reclaimed water system if that service is available.
(g) All installations of new irrigation systems shall connect to the city's reclaimed water system if that service is available.
(Ord. No. 89-253, § 2(58-82), 9-28-89; Ord. No. 90-148, § 13, 5-24-90; Ord. No. 2004-119, § 4, 5-6-04)
Tampa City Code § 26-88 Same—Accessibility to customer meter installations.
Sec. 26-88. - Same—Accessibility to customer meter installations.
The customer shall maintain free and easy access to his meter installation at all times for servicing and reading by authorized city personnel. Such installations shall not be obstructed by plantings, fencing, walls or other structures, and the department may assess the customer all costs for their removal.
(Ord. No. 89-253, § 2(58-83), 9-28-89)
Tampa City Code § 26-89 Private water mains; placing under streets.
Sec. 26-89. - Private water mains; placing under streets.
It is unlawful for any person to install water mains within any public street, intersection or right-of-way for the purpose of conveying water from any privately owned water system without first obtaining permission from the department and the department of public works.
(Ord. No. 89-253, § 2(58-84), 9-28-89)
Tampa City Code § 26-90 Distribution mains.
Sec. 26-90. - Distribution mains.
(a) Before any distribution mains will be laid by the department for the purpose of supplying water to a tract or parcel of land which either is platted of record or which is proposed to be platted of record and to be developed or redeveloped for any purposes, the owner of the tract or parcel of land to be served shall make application for the installation of the necessary distribution mains to be laid to and inside the tract or parcel of land to be served, setting forth the information as required in this chapter.
(b) Such application will be checked by the department which will make or require the customer to provide a layout of the project showing the exact location and size of mains. The department will make an estimate of the cost of materials and labor, including overhead for installing such main, and will make a determination of the physical and financial feasibility of the project. If found physically and financially feasible, the department will issue a commitment for water service, and the applicant shall pay to the department the appropriate fees based on the peak flow rates required for standard service and fire flow rate requirements for fire protection service to be connected to the system.
(c) If, in its determination of the physical and financial feasibility of the city to serve a tract or parcel of land, the department determines the water distribution main improvements required to serve the project that is the subject of an application will have excess capacity available to serve the water distribution main requirements of other undeveloped or redeveloped property beyond the boundaries of the project that is the subject of the application, the department shall prepare and provide a written aid-in-construction contribution policy governing the physical and financial feasibility of financing the required water distribution mains and the prorata contribution requirement of present and future applications requesting water commitments or service to be served by the required water distribution mains. Such aid-in-construction contribution policy shall describe the water distribution mains required to be constructed and identify the geographic service area to be served by such mains; provide an estimate of the cost of materials and labor, including overhead, for installing such mains; may incorporate an annual cost escalator to be annually applied in the adjustment of the initial cost estimate; determine the physical and financial feasibility of the construction of the mains; and calculate an equivalent residential unit cost for the mains to be constructed based upon the number of equivalent residential units ("ERUs") contained in the application and the projected number of ERUs to be created by the development of the remaining unconnected parcels of property within the service area. Based upon the determinations, descriptions and calculations and the physical and financial feasibility determination of the required water mains contained in the aid-in-construction contribution policy, an applicant requesting water commitment, connection or service within the defined service area, shall pay to the department a water main contribution fee based upon the number of ERUs contained in the project and the ERU contribution rate calculated in the aid-in-construction contribution policy in addition to the appropriate fees described in subsection (b) of this section. The provisions of subsection (d) of this section shall be fully applicable to an applicant whose main distribution requirement is governed by the aid-in-construction contribution policy established in this subsection and the application shall be submitted under and pursuant to the conditions established and procedure provided for the receipt and approval of an application requesting a water commitment, connection or service provided in section 26-74.
(d) If the department approves the application, issues the commitment and collects the fees, it will, within a reasonable time thereafter, commence work on the project, either with city forces or by contract. Such mains and appurtenance thereto shall be the sole property of the city and shall constitute a part of the water distribution system of the city. Under certain circumstances the department may determine that the water main contribution fee or connection fees are not adequate to justify the construction needed to provide service. In these cases, the applicant will be advised of the additional contribution in aid of construction that will be necessary to be paid before construction can begin. The applicant shall then advise the department whether or not he proposes to proceed with the connection.
(e) The water main contribution fee calculated pursuant to subsection (c) of this section and all other appropriate fees described in subsection (b) of this section shall be paid as follows: fifty (50) percent shall be paid within thirty (30) days from the date of conditional letter of commitment for service; and the remainder at the time of the water connection to the city water system.
(Ord. No. 89-253, § 2(58-85), 9-28-89; Ord. No. 90-148, § 14, 5-24-90; Ord. No. 2007-106, § 1, 5-4-06; Ord. No. 2013-39, § 2, 4-4-2013)
Tampa City Code § 26-91 City may extend mains at its own cost.
Sec. 26-91. - City may extend mains at its own cost.
Nothing herein contained shall be construed as prohibiting the further extension of water mains by the department and the defraying of all or any part of the cost thereof out of funds specifically appropriated therefor in the annual budget of the city and available therefor or out of the proceeds of bonds in the issuance of which such extensions were specifically authorized.
(Ord. No. 89-253, § 2(58-86), 9-28-89)
Tampa City Code § 26-92 Installation of mains both within and outside the city limits.
Sec. 26-92. - Installation of mains both within and outside the city limits.
Provisions of this article apply to extensions of water mains both within and outside the corporate limits of the city.
(Ord. No. 89-253, § 2(58-87), 9-28-89)
Tampa City Code § 26-93 Use of fire hydrants for other than firefighting purposes.
Sec. 26-93. - Use of fire hydrants for other than firefighting purposes.
The operation of fire hydrants by other than authorized personnel is prohibited. The department may permit the use of water from a fire hydrant for construction or other purposes provided the customer shall properly apply for and the department attach a hydrant meter, backflow prevention device and a hand-operated valve. Only department employees or other authorized city employees may operate the hydrant to provide water to the meter. The necessary fees for the installation of the hydrant meter must have been paid in advance. The prevailing rates for water provided through the meter are billed in the usual way.
(Ord. No. 89-253, § 2(58-88), 9-28-89)
Tampa City Code § 26-94 Private fire protection systems generally.
Sec. 26-94. - Private fire protection systems generally.
(a) Fire protection systems may be installed on private property by the owner thereof at his own cost, provided the same shall be done under the supervision and subject to the inspection of and in accordance with the requirements of the department, and the maintenance of such systems shall be at the cost and expense of the owner of the property. Annual fees for such systems shall be paid, and, if not, the same shall be disconnected from the waterworks system of the department.
(b) No fixtures whatsoever, other than those used for extinguishing fires, may be connected to the fire protection system unless the corresponding service connection is fully metered by the department. Should a fire protection system be suspected of providing water for uses other than fighting fires, the department shall require the owner of such system to pay to the department the cost of installing an approved water meter to monitor the possible use of water for other than fighting fires from such fire protection system. Such water meter will be established as a regular account, subject to all rules, regulations and appropriate water rates of this chapter.
(Ord. No. 89-253, § 2(58-89), 9-28-89; Ord. No. 2020-1, § 4, 1-9-2020)
Tampa City Code § 26-95 Connection of fire protection systems; systems with private fire hydrants.
Sec. 26-95. - Connection of fire protection systems; systems with private fire hydrants.
Fire protection systems connected to water mains of the department shall contain an approved detector check valve to detect possible leakage or unauthorized use of water for other than fighting fires from the fire protection system. If the periodic reading by the city of the backflow preventer indicates that water is being used from the fire protection system for uses other than fighting fires or if the system shows excessive leakage, the owner shall pay to the department the cost of installing an approved water meter, and the meter shall be established as a regular account, subject to all rules, regulations and appropriate water rates of this chapter. All hydrants shall be painted colors specified by the department.
(Ord. No. 89-253, § 2(58-90), 9-28-89)
Tampa City Code § 26-96 Requirements for fire hydrants.
Sec. 26-96. - Requirements for fire hydrants.
(a) Before any distribution mains shall be installed by the department or authorized by the department to be installed, such facilities shall include the necessary number of fire hydrants and fire hydrant appurtenances of a size, type and spacing as specified by the department.
(b) Before any new commercial or industrial service is connected to an existing water main, such facilities shall include the necessary number of fire hydrants and fire hydrant appurtenances of a size, type and spacing as specified by the department.
(c) The cost of such hydrants, distribution mains as needed to install fire hydrants and appurtenances may be assessed to the customer.
(Ord. No. 89-253, § 2(58-91), 9-28-89; Ord. No. 2020-1, § 5, 1-9-2020)
Tampa City Code § 26-97 Water conservation.
Sec. 26-97. - Water conservation.
(a) Application. The provisions of this section shall apply to all water sources as provided herein and all users as defined herein engaged in irrigation, including those not subject to permitting pursuant to Chapter 40D-2 of the Florida Administrative Code (F.A.C.), Water Use Permits within City of Tampa limits. This also includes, but is not limited to, customers of the City of Tampa Waterworks System and Reclaimed Waterworks System, within the corporate limits of the city and to customers outside the corporate limits of the city, to the extent permitted by law, including any inter-local agreement or contract.
(b) Definitions. Except as defined hereunder, the definitions found in Chapter 40D-21, F.A.C., Water Shortage Plan, and Chapter 40D-22, F.A.C., Year-Round Water Conservation Measures, amended, are hereby adopted and made applicable to this section:
Director means the Director of the City of Tampa Water Department.
District means the Southwest Florida Water Management District.
Manager means the individual designated by the director to enforce the provisions of this section.
Landscape means a section of ground adorned or improved by flowering plants (whether annual or perennial), vines, shrubs, palms, trees, ferns, ornamental grasses and groundcover other than lawn.
Lawn means a plot of Turfgrass, usually tended or mowed, surrounding homes, commercial or industrial buildings, government or other non-commercial buildings, parks, recreational areas, cemeteries, and public or private rights-of-way and medians, but excludes athletic play areas, whether such areas are free-standing or within a park or other setting.
Micro-irrigation means any irrigation device that distributes water near or within the root zone through equipment and devices that apply less than thirty (30) gallons per hour per emitter. Examples of micro-irrigation devices include drip, line source, microspray, microsprinkler, bubbler and similar types of soaker hoses. The term also includes water use in mist houses and similar establishments for plant propagation and production, but excludes any form of turf irrigation other than in a sod production ("turf farming") setting.
User means property owner of record.
Water or water resource means any and all water on or beneath the surface of the ground or in the atmosphere, including natural or artificial water courses, lakes, ponds, or diffused surface water and water percolating, standing, or flowing beneath the surface of the ground, as well as all coastal waters within the jurisdiction of the state.
(c) Water use restrictions. The following provisions shall be observed, followed and enforced in the city:
(1) Low volume irrigation and low volume hand watering of new and established landscaping shall not be restricted. Hand watering of lawn areas shall be with a hose fitted with an automatic shut-off nozzle and is restricted to the designated days and times for that address.
(2) The use of reclaimed water for irrigation is not restricted; however, its use must not be wasteful and unnecessary.
(3) Irrigation of established lawns and landscaping shall be permitted as follows:
a. At addresses ending in 0 or 1, on Mondays;
b. At addresses ending in 2 or 3 on Tuesdays;
c. At addresses ending in 4 or 5 on Wednesdays;
d. At addresses ending in 6 or 7 on Thursdays;
e. At addresses ending in 8 or 9 on Fridays;
f. At locations with no address and locations with mixed addresses, on Fridays.
(4) All irrigation is prohibited from 8:00 a.m. to 6:00 p.m. unless otherwise provided herein.
(5) Irrigation for the purpose of chemigation, fertigation or watering-in of applied fertilizers, insecticides, fungicides and herbicides where such watering-in is required by the manufacturer, or by federal, state or local law or by applicable best management practices shall not be restricted when applied by a licensed professional who is in the business of such application for remuneration, with two (2) exceptions when associated with lawn or landscape.
a. In the absence of specific alternative instructions from the manufacturer, such watering-in shall be limited to one (1) application of one-quarter (¼) inch within twenty-four (24) hours of the application; and
b. Such watering-in shall be accomplished during allowable watering hours unless a professional applicator has posted a temporary sign containing the date of application and date(s) of needed watering-in activity provided written instructions listing the chemicals used and states that the watering-in must occur immediately rather than during allowable watering hours.
c. Watering-in of such products applied by someone other than a licensed professional as herein specified shall be restricted to the designated days and times for that address.
(6) User shall curtail irrigation when rain has occurred within the last 24 hours.
(7) All other water use restrictions, not included in subsections (c)(1), (c)(2), (c)(3), (c)(4), (c)(5) and (c)(6) above, contained within Chapter 40D-22, F.A.C., Year-Round Water Conservation Measures, and Chapter 40D-21, F.A.C. Water Shortage Plan, and any Southwest Florida Water Management District Water Shortage Order(s) that may be in effect for the City of Tampa, are adopted and incorporated by reference.
(8) Any water use restrictions subsequently adopted and imposed by the District which are more stringent than those referenced in this section, except with regard to the use of reclaimed water, shall supersede such restrictions herein and shall be incorporated as part of this section and enforceable by the city.
(9) Properties which cannot meet the conditions of this section, due to any of the following conditions:
a. Properties which have irrigation systems with one (1) or more irrigation zones which water multiple addresses at the same time;
b. Two (2) or more properties which share a common source of water which, due to source limitations (e.g. a single well), cannot meet the irrigation requirements of all properties served by this source within the day/hours specified by this section; and
c. Properties of five (5) or more irrigable acres which, because of the amount of irrigated area, cannot efficiently irrigate all zones within the days/hours specified in this section;
shall develop and submit to the manager for review and approval, alternative irrigation schedules, which allow no additional watering days or times as that provided by the restrictions herein. Such schedules shall be comprised of, at a minimum, a site map depicting all irrigation zones and a written description of the days upon which each zone may be operated. Each zone may be operated no more frequently than once per week. All irrigation is prohibited between 8:00 a.m. to [and] 6:00 p.m. Persons responsible for the control of such irrigation systems shall maintain said plan and shall submit such plan to the manager. Such plan must be dated and signed by the person responsible for the control of the irrigation system.
(10) All individual users and groups of users of water located within the city shall fully comply with all restrictions or other conservation measures enforced by the city.
(11) Users of the water resource may request relief from the applicable provisions of this section or any applicable City Code, ordinance, rules or regulations by filing a petition for variance with the city from subsections (c)(1), (c)(2), (c)(3), (c)(4), (c)(5) and (c)(6) herein.
(12) The rules, regulations, and orders promulgated from time to time by the District which are more stringent than the provisions of this section are hereby adopted by reference and made part hereof and shall be subject to the same enforcement and penalty provisions of this section. In the case of the more stringent rules, a petition for variance shall be filed with the District.
(13) The Director shall have the authority to promulgate rules and regulations pertaining to water use restrictions not less restrictive than those promulgated by the District or with the provisions of Chapter 40D-21, F.A.C., and/or Chapter 40D-22, F.A.C. as now or hereafter amended. Any user who violates such rules or regulations or who refuses to comply with a directive from an officer enforcing such rules and regulations shall be deemed to have violated this section.
(d) Variances from water use restrictions.
(1) General. These provisions shall apply to petitions for variances filed with the city.
(2) Criteria for issuance. No petition for variance shall be granted unless the petitioner affirmatively demonstrates that one (1) or more of the following circumstances exists:
a. The variance is essential to protect public health or safety;
b. Compliance with this section will require measures which, because their extent or cost impose undue hardship, cannot be accomplished within the anticipated duration of the shortage or will not ensure equitable distribution;
c. Alternative restrictions, which achieve the same level of demand reduction as the restrictions from which a variance is sought, are available and are binding and enforceable.
(3) Petitions for variance. The petition shall contain the following:
a. The petitioner's name, address and telephone number;
b. The specific section of the Code, ordinance, rules or regulations from which the petitioner is requesting relief;
c. A detailed statement of the facts which the petitioner believes demonstrates that the request qualifies for a variance, which may include reports by qualified technical experts;
d. A description of the relief desired;
e. The period of time for which the variance is sought, including the reasons and facts in support thereof;
f. The damage or harm resulting or which may result to petitioner from compliance with the Code, ordinance, rules or regulations;
g. The restrictions which petitioner can meet and the date when petitioner can comply with such restrictions;
h. A short-term water use reduction plan, describing any and all alternative reductions implemented in lieu of the restrictions for which variance is sought, if applicable;
i. The steps the petitioner is taking to meet the Code, ordinance, rules, regulations or specific restrictions from which the variance is sought and when compliance will be achieved; and
j. Any other information the petitioner believes is material.
(4) Review. Any person who wishes to have the decision of the director regarding the decision on a petition for a variance from Tampa from the provisions of subsections (c)(1), (c)(2), (c)(3), (c)(4) and (c)(5), and (c)(6) herein reviewed, shall file a request to review the Director's official decision in accordance with section 1-19 of the City Code.
(e) Enforcement of water use restrictions.
(1) A violation of this section is a municipal infraction punishable by a maximum civil penalty not to exceed five hundred dollars ($500.00) and shall be enforced under the City of Tampa Supplemental Enforcement Procedures Ordinance (chapter 23.5 of this Code). Each and every violation of this section shall constitute a separate offense.
(2) Mandatory court appearances are required for third and subsequent violations of this section; except if a user has not violated the provisions stated in this section for three (3) consecutive years from the date of the previous violation, the next violation will be considered that user's first offense. The citation shall clearly inform the user of the mandatory court appearance. Users required to appear in court do not have the option of paying the penalty instead of appearing in court.
(3) In addition, the city may enforce this section by any action at law and in equity, including actions for injunctive relief and, if the city prevails in any such action, the city shall be entitled to its costs and reasonable attorneys' fees.
(4) The Director shall have all powers, duties and responsibilities to administer and enforce all provisions of this section and shall be deemed to be an officer for the purpose of enforcing the provisions of this section under authority provided in chapter 2 of this Code. Any action to be taken by the Director pursuant to the enforcement of any section herein shall be considered cumulative and in addition to penalties and to other remedies provided elsewhere by ordinance or law.
(f) Water conservation fund. To the extent permitted by law, all funds collected from penalties paid for violations of this section shall be remitted to Tampa's Director of Revenue and Finance and deposited in the water department's water conservation fund. All monies in the water conservation fund shall be used only for water conservation and water resources education activities of the water department.
(g) Protection from penalties. Users complying with this section shall not be penalized, by fine, lien or any other form, for the presence of unwatered or dry-appearing turfgrass on their property by the city or any other entity.
(Ord. No. 89-253, § 2(58-92), 9-28-89; Ord. No. 90-99, § 1, 4-12-90; Ord. No. 90-148, § 15, 5-24-90; Ord. No. 93-148, § 3, 9-23-93; Ord. No. 2002-264, § 2, 12-5-02; Ord. No. 2003-316, § 2, 11-20-03; Ord. No. 2006-104, §§ 1—4, 5-4-06; Ord. No. 2009-48, §§ 1—6, 3-19-09; Ord. No. 2009-57, §§ 1—6, 4-2-09; Ord. No. 2009-81, §§ 1—7, 5-28-09; Ord. No. 2010-12, §§ 1—5, 2-4-10; Ord. No. 2024-77, § 2, 8-1-2024)
Tampa City Code § 26-98 Reserved.
Tampa City Code § 26-99 Mandatory private water connection in the aquifer storage and recovery area; certain water discount stipends; connections and meters as pre-mitigation for existing private wells within the aquifer storage and recovery area; post-mitigation of affected connections for existing irrigation well owners within the aquifer storage and recovery area.
Sec. 26-99. - Mandatory private water connection in the aquifer storage and recovery area; certain water discount stipends; connections and meters as pre-mitigation for existing private wells within the aquifer storage and recovery area; post-mitigation of affected connections for existing irrigation well owners within the aquifer storage and recovery area.
(a) Purpose. The purpose of this section is to protect the public health, safety and welfare of customers within the City of Tampa's potable water service area by assuring that the city can provide water of sufficient quantity and superior quality in an environmentally acceptable manner and to ensure that everyone whose well may be influenced by the aquifer storage and recovery program (ASR) is provided access to municipal water. The specific reasons set forth in the above recital clauses are hereby incorporated by reference into this ordinance.
The ASR area of influence covers the approximate geographic area bordered on the north by Waters Avenue, on the south by Martin Luther King, Jr. Boulevard, on the east by Florida Avenue and on the west by Himes Avenue.
This section may be cited as the ASR ordinance.
(b) Definitions. For the purposes of this section, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:
Aquifer means a geologic formation, group of formations, or a part of a formation capable of yielding a significant amount of groundwater to wells, springs or surface water.
Aquifer storage and recovery (ASR) means the process where water is pumped through wells into an aquifer for storage and then later withdrawn for use.
Aquifer storage and recovery area of influence means that hydrologic area surrounding the ASR wellfield that may be affected by the operation of the ASR wells. This area of influence is composed of two zones:
(1) The zone of probable influence; and
(2) The zone of possible influence.
The ASR area of influence covers the approximate geographic area bordered on the north by Waters Avenue, on the south by Martin Luther King, Jr. Boulevard, on the east by Florida Avenue and on the west by Himes Avenue. The specific geographic areas of zones of possible and probable influence are shown in Exhibit A, attached hereto and incorporated herein by reference.
ASR zone of probable influence means that area where the operation of ASR makes it highly likely that a five foot drawdown or greater may occur and impact the use of private or irrigation wells.
ASR zone of possible influence lies outside the zone of probable influence and means that area where a private or irrigation well may be impacted by the operation of ASR. Drawdown may occur but is minimal. The outer boundaries of this zone are the boundaries of the ASR area of influence.
Irrigation well means those wells that supply water solely for irrigation purposes.
Mitigation means the remedy that is offered certain well owners for unavoidable impacts to their well or wells.
Non-permitted well means any well that has been constructed without a water use or consumptive use permit issued by a regulatory agency, or has been granted a permit for well construction only.
Permitted well means a well that has been issued a consumptive use permit or a water use permit from a regulatory agency. This includes but is not limited to those permits issued by the Southwest Florida Water Management District or the Department of Environmental Protection.
Potable water means water suitable for drinking that has been treated by a system that is regulated by the Safe Drinking Water Act.
Private well means a well that supplies water for consumptive use. These uses may include, but are not limited to, one or more of the following: household, business, industrial or irrigation. A well that supplies water solely for irrigation purposes shall not be classified as a private well.
Safe Drinking Water Act means the federal regulations, including the regulations and parameters as they may be amended from time to time, which set the quality standards for potable water.
Service area means the area that is served potable water by the City of Tampa Water Department. This area encompasses those customers within the City of Tampa city limits as well as customers in certain unincorporated areas of Hillsborough County. This area may be amended from time to time by amendment to the city and county interlocal service agreement.
(c) Private wells.
(1) Owners of private wells, which lie within an ASR zone of probable influence, shall be required to connect to the city's potable water system within thirty (30) days of written notification by the water department.
(2) Owners of private wells which lie within an ASR zone of possible influence shall be connected as soon as possible after the water department receives notification from the customer that their private well has been impacted.
(3) The water department shall provide for connection of customers to the system including the connection fees and costs for connection to the city's system.
(4) The water department shall issue a one time credit of three hundred dollars ($300.00) to discount water costs.
(5) Use of the well for private purposes is permitted provided there is compliance with applicable city, county and state plumbing codes.
(6) Should a private well be impacted by the operation of ASR, the above subsections (1) through (4) shall be the only mitigation provided by the city.
(7) The private wells governed by this subsection must be in existence prior to February 1, 2001 to receive the benefits provided in this section. The city will connect owners of impacted private wells constructed after this date to the city's system provided the owner of the property that wishes to be connected incurs all costs of connection.
(d) Non-permitted irrigation wells.
(1) Owners of existing non-permitted irrigation wells, which lie within an ASR zone of probable influence shall be provided an irrigation meter and connection to the city's water system as soon as possible after the water department receives notification that the well has been impacted.
(2) The water department shall provide for connection of customers to the system including the connection fees and costs for connection to the city's system.
(3) Non-permitted irrigation wells may continue to be used.
(4) The above subsections (1) and (2) shall be the only mitigation provided by the City of Tampa for those non-permitted irrigation wells impacted by the operation of ASR.
(5) The irrigation wells governed by this subsection must be in existence prior to February 1, 2001 to receive the benefits provided in this section. The city will connect owners of impacted irrigation wells constructed after this date to the city's system provided the owner of the property that wishes to be connected incurs all costs of connection.
(e) Permitted wells.
(1) Only those well owners which as of February 1, 2001 hold an existing water use permit from a state regulatory agency governing such permits shall be mitigated by a one-time construction and deepening of the well to the same size and equal or better standards as the current well. The city will evaluate and investigate permitted wells and provide mitigation in advance if necessary which does not exceed the above provisions.
(2) The wells governed by this subsection must be in existence prior to February 1, 2001 to receive the benefits provided in this section. The city will connect owners of impacted wells constructed after this date to the city's system provided the owner of the property that wishes to be connected incurs all costs of connection.
(f) New wells prohibited in the ASR area of influence. No new private or irrigation wells shall be drilled in an ASR area of influence.
(Ord. No. 2001-60, §§ 1—6, 3-1-01)
Tampa City Code § 26-100 Water facility ownership.
Sec. 26-100. - Water facility ownership.
This section applies to water facilities constructed as a result of a utility service application received after the effective date of this section.
(a) Water facilities to be owned and maintained by the department shall be sited in public right-of-way or as close as practicable to public right-of-way as determined by the director or his/her designee. The city shall only accept operation and maintenance of developer installed water facilities upon complete compliance of all department requirements. Such acceptance shall be acknowledged by the department in writing to the developer.
(b) Water facilities downstream of said water services/laterals shall be privately owned and maintained. It is the parcel owner's responsibility to ensure privately owned water facilities comply with federal, state, and local regulatory requirements including but not limited to consecutive water supplier requirements.
(Ord. No. 2020-1, § 6, 1-9-2020)
Source: City of Tampa, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/tampa/codes/code_of_ordinances?nodeId=COOR_CH26UT_ARTIIWAFetched: 10/28/2026