[HISTORY: Adopted by the City Council of
the City of Pottsville as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-14-1992 by Ord. No. 446]
No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained from the City of Pottsville (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water using fixtures therein conform to the requirements and standards of § 214-2 of this chapter. The provisions of this chapter shall apply to any such building or structure for which such a building permit is issued, or would otherwise be required to be issued but for such an exemption, on or after April 14, 1992.
A.
Water closets and associated flushing mechanisms.
The water consumption of water closets shall not exceed an average
of 1.6 gallons per flush cycle over a range of test pressures from
20 to 80 pounds per square inch. The fixture shall perform in accordance
with the test requirements of the ANSI A112.19.2M and ANSI A112.19.6M.
B.
Urinals and associated flushing mechanisms. Urinal
water consumption shall not exceed an average of 1.5 gallons per flush
cycle over a range of test pressures from 20 to 80 pounds per square
inch. The fixtures shall perform in accordance with the test requirements
of ANSI A112.19.2M and ANSI A112.19.6M.
C.
Showerheads. Showerhead discharge rates shall not
exceed 3.0 gallons of water per minute over a range of test pressures
from 20 to 80 pounds per square inch. The fixture shall perform in
accordance with the test requirements of ANSI A112.18.1M.
D.
Faucets. Sink and lavatory faucet discharge rates
shall not exceed 3.0 gallons of water per minute over a range of test
pressures from 20 to 80 pounds per square inch. The fixture shall
perform in accordance with the test requirements of ANSI A112.18.1M.
A.
Special purpose equipment. The performance standards of § 214-2 shall not apply to fixtures and fittings such as emergency showers, aspirator faucets and blowout fixtures that, in order to perform a specialized function, cannot meet the specified standards.
B.
Exemptions. Any person(s) may apply to the City of
Pottsville for an exemption to the terms of this chapter, which may
be granted by the City Council upon proof that some other device,
system or procedure will save as much or more water as those set forth
herein or that those set forth herein cannot be complied with without
undue hardship.
The City Council may, from time to time, modify,
add to or remove from the standards and restrictions herein.
[Amended 12-12-1994 by Ord. No. 526]
It shall be a misdemeanor for any person to
use or apply water within the City of Pottsville contrary to or in
violation of the restrictions herein, and upon conviction thereof,
such persons shall be punished by being imprisoned in the county jail
for not more than 90 days or by fine of not more than $600, or by
both such fine and imprisonment.
[Adopted 6-8-2009 by Ord. No. 780]
Unless the context specifically and clearly indicates otherwise,
the meaning of the terms and phrases used in this article shall be
as follows:
Schuylkill County Municipal Authority, a municipal authority
of the Commonwealth of Pennsylvania.
The water service pipe and appurtenances extending from the
main, including the tee or tap in the main, the lateral pipe to a
point at or near the property line, the curb stop or service valve,
and the curb box or valve box.
The extension from the water system of the structure to the
lateral of a main.
The City of Pottsville, Schuylkill County, Pennsylvania,
a municipal corporation of the commonwealth, acting by and through
its Council, or, in appropriate cases, acting by and through its authorized
representatives.
The Commonwealth of Pennsylvania.
That part of the water service pipe extending from the Authority's
service line to the premises, except the water meter.
Any property within this City upon which there is erected
a structure intended for continuous or periodic habitation, occupancy
or use by human beings or animals.
That part of the water system extending from a main to the
curbline or, if there shall be no curbline, to the property line or,
if no such lateral shall be provided, then "lateral" shall mean that
portion of, or place in, a main which is provided for connection of
any building main.
Any pipe or conduit constituting a part of the water system
used or usable for water distribution purposes.
Any person vested with ownership, legal or equitable, sole
or partial, of any improved property.
Any individual, partnership, company, association, society,
trust, corporation, municipality, authority or group or entity.
The provision by the Authority of water as a commodity, of
readiness to serve water for any purposes, and of any services related
thereto.
All facilities; as of any particular time, for supply, transmission
and distribution of water owned and operated by the Authority.
A.
The owner of any improved property which is currently connected to
a main constituting part of the water system; or which becomes connected
to a main constituting part of the public water system at the request
of the property owner any time after the effective date of this article,
or which as of the effective date of this article is unimproved but
subsequently becomes improved and shall abut upon any street in which
there is a main constituting part of the water system, shall connect
such improved property to such main and maintain such connection with
such main and shall use such water system in such manner as the Authority
may require within 45 days after notice to such owner from this City
or the Authority to make such connection, subject, however, to such
rules, regulations, specifications, rates, limitations and restrictions
as shall be established herein or otherwise shall be established by
this City or the Authority from time to time.
B.
The owner of property which is currently or hereafter connected to
the main must use such water system and, after such connection, may
not disconnect from such main or terminate such use.
C.
It shall be unlawful for any owner, lessee, or occupier of any improved
property in the City of Pottsville with an aforementioned connection
to the public water system to employ any means of cross-connecting
any other water source to the public water system, including service
lines and house plumbing served by said services. Private water sources
may continue to be in use by such owner, lessee or occupier so long
as they are not used for domestic purposes or interconnected to the
public water system.
D.
The owner or owners of the aforementioned improved property of § 214-7A shall permit the Authority's designated inspector full and complete access to all water system facilities in each building and in and about all parts of the property for the purposes of inspecting said facilities.
E.
The notice by this City or the Authority to make a connection to a main, referred to in § 214-7A, shall consist of a copy of this article, including any amendments and/or supplements at the time in effect, or a summary hereof, and a written or printed document requiring the connection in accordance with the provisions of this article and specifying that such connection shall be made within 45 days after the date such notice is given or served. Such notice may be given or served at any time after the particular property which previously was unimproved becomes improved or if any appropriate main or lateral is in place that can deliver water to the property. Such notice shall be given to or served upon the owner by personal service or by registered mail to his last known address, or by such other means as shall be permitted by law.
A.
No person shall uncover, shall connect with, shall make any opening
into or shall use, shall alter or shall disturb, in any manner, any
main, lateral or any other part of the water system without first
obtaining a permit, in writing, from the Authority.
B.
Application for a permit required under § 214-8A shall be made by the owner of the improved property served or to be served or by the duly authorized agent of such owner.
C.
No person shall make or shall cause to be made a connection of any
improved property with a main until such person shall have fulfilled
each of the following conditions:
(1)
Such person shall have notified the Authority of the desire and intention
to connect such improved property to a main;
(3)
Such person shall have given the appropriate representative of the
Authority at least 48 hours' notice of the time when such connection
will be made so that the Authority may supervise and inspect or may
cause to be supervised and inspected the work of connection and necessary
testing; and
(4)
If applicable, such person shall have furnished satisfactory evidence
to the appropriate representative of the Authority that any tapping,
connection and/or customer facility fee that may be charged and imposed
by the Authority against the owner of each improved property who connects
such improved property to a main has been paid.
D.
Except as otherwise provided in this Subsection D, each improved property shall be connected separately and independently through a building main. Grouping of more than one improved property on one building main shall not be permitted, except under special circumstances and for good cause shown, but then only after special permission of the Authority, in writing, shall have been secured and only subject to such rules, regulations and conditions as may be prescribed by the Authority.
E.
All costs and expenses of construction of a building main and all
costs and expenses of connection of a building main to a main shall
be borne by the owner of the improved property to be connected; and
such owner shall indemnify and shall save harmless this City and the
Authority from all loss and damage that may be occasioned, directly
or indirectly, as a result of construction of a building main or of
connection of a building main to a main.
F.
A building main shall be connected to a lateral or to a main at the
place designated by the Authority. A smooth, neat joint shall be made
and the connection of a building main shall be made secure and watertight.
G.
If the owner of any improved property located within this City and abutting upon any street in which there is a main constituting part of the water system and by this article required to connect such improved property to the main after 45 days' notice from this City shall fail to connect such improved property, as required in accordance with § 214-7A, this City may enter upon such improved property and may construct such connection and may collect from such Owner the costs and expenses thereof in the manner permitted by law.
A.
Where an improved property, at the time connection to a public water
system is required, or made, shall be served by its own water system,
the existing house water lines shall be broken from the public water
system and may in no way connect to the public water system. The previous
private water source may continue to be used so long as it is not
used for human consumption, domestic purposes or interconnected to
the public water system.
B.
No building main shall be covered until it has been inspected and
approved by the Authority. If any part of a building main is covered
before so being inspected and approved, it shall be uncovered for
inspection at the cost and expense of the owner of the improved property
to be connected.
C.
Every building main of any improved property shall be maintained
in a sanitary and safe operating condition by the owner of such improved
property.
D.
Every excavation for a building main shall be guarded adequately
with barricades and lights to protect all persons from damage and
injury. Any street, sidewalk or other public property disturbed in
the course of installation of a building main shall be restored, at
the cost and expense of the owner of such improved property being
connected, in a manner satisfactory to the Authority and this City.
E.
If any person shall fail or shall refuse, upon receipt of a notice
of this City or the Authority, in writing, to remedy any unsatisfactory
condition with respect to a building main within 60 days of receipt
of such notice, this City or the Authority may refuse to permit such
person to be served by the water system until such unsatisfactory
condition shall have been remedied to the satisfaction of this City
and of the Authority.
A.
Any person who shall violate this article shall be liable, upon summary
conviction for a first offense and upon summary conviction for each
subsequent offense, to a fine of not more then $1,000 together with
costs of prosecution in each case. Each day that a violation shall
continue shall be deemed and shall be taken to be a separate offense
and shall be punishable as such.
B.
Fines and costs imposed under provisions of this article shall be
enforceable and recoverable in the manner at the time provided by
applicable law and shall be payable to this City.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this City.
