Do you need a permit for a commercial water feature in Scottsdale?

The section covers "water features for Commercial/Industrial, Non-Residential and Multi-Family Residential developments common areas." It starts with the paperwork: "Any person installing a water feature must provide a water feature plan including plan and profile drawings with dimension details to the City and obtain a permit before commencing construction." The Water Conservation Office must approve the plan first.

Then the limits:

• No mist, no tall spray. "No person shall place into operation after July 1, 2016, any water feature that either sprays water into the air in a fine mist or sprays or drops water into the air in excess of six (6) feet in vertical height from ground level."
• Size. "Water features must not be greater than ten (10) feet in any direction."
• Hours. Operate only during normal business hours, on an automatic timer.
• Water source. Potable water unless the Water Conservation Office approves otherwise. Landscape irrigation water is prohibited, and reclaimed water needs approval.
• No discharge into the right-of-way.
• Siting. Placed where it benefits on-site users, such as courtyards and restaurant seating areas; not visible from a street used by the public; not in parking lots or drive areas; and not visible from another water feature.

And the plumbing: features must be designed to minimize leakage, "Designed and installed with a reduced pressure principle backflow prevention assembly as per the current standard detail," have catch basins that maximize recirculation, wind shut-off valves, and a recirculating pump. A feature using more than 1,000 gallons a day must be separately metered.

• Water feature. The section does not define it. In context it means a fountain, pond, waterfall or similar decorative water display.
• Reduced pressure principle backflow prevention assembly (RP). A testable assembly with two check valves and a relief valve that dumps water if pressure on the supply side drops. It keeps fountain water out of the city system.
• Standard detail. The city's adopted installation drawing for the RP assembly.
• Recirculating. The pump reuses the same water instead of running fresh water through to drain.
• Wind shut-off valve. A control that stops the feature when wind would blow water off site.

Owners, developers and contractors building water features at commercial, industrial, non-residential and multifamily common areas. Three things are excluded: systems that inject or drop water "solely for the purpose of cooling a confined air space" when the Water Conservation Office approves, water parks for people or pets on a timer that runs only when someone is present, and water features located indoors.

This does not apply to a single-family home's backyard fountain; the section's title limits it to the listed developments.

A resort-style apartment courtyard. The design shows a 9 foot runnel with a 3 foot bubbler, on a timer, with an RP on the makeup line. It fits. The landscape architect sends the plan and profile drawings to the Water Conservation Office, then the permit is issued.

A shopping center entry. The owner wants arcing jets visible from the street. Two rules block it: spray over 6 feet, and the siting rule against features visible from the street.

The edge case. A restaurant asks about patio misters to cool diners. As a decorative feature, misting is banned. But the code excludes systems that drop water "solely for the purpose of cooling a confined air space" when approved, so a cooling system for an enclosed patio may qualify with the Water Conservation Office's approval. The answer can flip on purpose and enclosure.

1. 1Sketch the feature to the 10 foot and 6 foot limits before the landscape plan is final.
2. 2Prepare plan and profile drawings with dimensions and submit them for Water Conservation Office approval.
3. 3Show the RP assembly on the plans; Sec. 49-68 requires every backflow assembly to be "shown and specified" and permitted separately.
4. 4Estimate daily use; over 1,000 gallons a day means a separate meter.
5. 5Pull the permit before any construction starts.
6. 6After install, have the RP tested by a certified tester, and keep it on Scottsdale's annual test cycle.

• Myth: a fountain is landscaping, so it needs no water permit. Sec. 49-242 requires a plan and a permit before construction.
• Myth: any backflow device will do. The code calls for a reduced pressure principle assembly to the city's standard detail.
• Myth: misters are fine if they are small. Fine mist is banned regardless of size, unless the confined-space cooling exclusion applies.
• Myth: reclaimed or irrigation water saves money here. Irrigation water is prohibited, and reclaimed water needs Water Conservation Office approval.