by MOSES LEOS III
In the story, we incorrectly reported maximum water pressure defined in State Bill 1086 as 20 pounds per square foot. The correct terminology should have been 20 pounds per square inch. We apologize for the oversight.
Painting fire hydrants black is a tactic investor-owned water utilities, such as Monarch Utilities, use to indicate to fire departments that there may not be adequate water pressure flow for fire suppression.
Monarch’s hydrants in the north-eastern section of Kyle, and a portion of Buda, are black. Residents in Kyle’s Amberwood and Indian Paintbrush neighborhoods in particular have long worried about the ability of those hydrants to provide enough water pressure to put out fires.
Thanks to the Texas Senate, the state has a new law requiring companies like Monarch to maintain adequate water pressure flow on hydrants in a city’s extraterritorial jurisdiction (ETJ).
As a result, Monarch Utilities will paint their black hydrants red, but not until after Sept. 1. That’s when Senate Bill 1086, signed into law June 14, goes into effect.
But before Monarch codes its hydrants red, the firm must wait for cities to adopt ordinances to regulate what they deem is adequate water flow. SB 1086 calls for sufficient water flow not to exceed 250 gallons per minute over a two-hour period and water pressure not to exceed 20 pounds per square foot.
Once cities establish those recommendations, utility districts such as Monarch will paint the hydrants red, indicating they have sufficient water flow.
According to Chuck Profilet, vice president of the SouthWest Water Company, the parent company of Monarch Utilities, the reason the hydrants are black is because of liability concerns.
“Many city fire departments have sovereign immunity. Basically, a person cannot sue the fire department if they are hurt as they are performing their services,” Profilet said. “Utility districts are not afforded sovereign immunity. The state does not provide protection to companies.”
In November 2012, Monarch sought liability exemption through a Memorandum of Understanding (MOU) with Hays County Emergency Services District (ESD) No. 5, which covers parts of Kyle and Buda. However, the MOU was struck down, as the utility district aimed to force ESD 5 to pay for damages to Monarch’s equipment during firefighting activities and testing.
The end result was the hydrants remained black.
Monarch maintained water flow was adequate to the Amberwood and Indian Paintbrush areas in northeast Kyle, as the company went through an engineering study to prove the hydrants had sufficient flow to fight fires.
A Monarch spokesperson said the utility district will soon test hydrants in the Green Pastures and Rolling Hills subdivision for water flow. They hope to complete testing before September.
Safety was the primary concern in areas in the Monarch Utility District. Thus began the crusade from Rep. Jason Issac (R-District 45), Senator Donna Campbell (R-District 25) and former District 45 Rep. Patrick Rose (D) to create a state-mandated system to force utilities to color-code hydrants.
When the new bill goes into effect, investor-owned utility companies will have to paint their hydrants red, but they will also have freedom from liability when it comes to hydrant flow.
Under SB 1086, the ESD and the utility district must enter a written MOU, where the ESD must test the hydrants and provide for other relevant issues pertaining to the use of the water and maintenance of the fire hydrants.
Investor owned utilities also are not required to build, improve or retrofit existing fire hydrants.
The measure will affect Monarch hydrants north of Goforth Road and east of 2001. According to Profilet, Monarch will focus its attention on areas with existing fire flows.
“We are excited to work with Senator Donna Campbell and her staff and fully support the bill,” Profilet said. “We are happy for Representative Isaac to have worked with stakeholders, as well as customers, cities and the utility companies.”
Text of the bill:
A utility is not liable for a hydrant’s or metal flush valve’s inability to provide adequate water supply in a fire emergency. This subsection does not waive a municipality’s immunity under Subchapter I, Chapter 271, Local Government Code, or any other law and does not create any liability on the part of a municipality or utility under a joint enterprise theory of liability.
The new law is a big step for homeowners in the area.
“Homeowners will now be able to see a reduction in insurance rates as this will help lower the ISO PPC Rating,” Buda and Kyle Fire Chief Clay Huckaby said in an email. “Previously, the “black” hydrants were not counted toward ISO credit because Water Companies viewed the black hydrants as a flushing valve and not a fire hydrant.”
For ESD chiefs like Huckaby, the law now gives them peace of mind.
“This is great news for Buda and Kyle Fire Departments,” Huckaby said. “This will allow hydrants that are currently painted black and placed out of service by water companies for firefighting use to now be painted red and utilized for fire attack purposes.”
Sovereign immunity:
A legal principle making governmental bodies and employees immune from being sued in their own courts without governmental consent.
To read the text of the full bill, visit:
ftp://ftp.legis.state.tx.us/bills/83R/billtext/html/senate_bills/SB01000_SB01099/SB01086E.htm
