[HISTORY: Adopted by the Board of Trustees of the Village of Saranac Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-22-1987 by L.L. No. 4-1987 (Ch. 66 of the 1965 Code)]
This article shall be known and may be cited as the "Water Use and Services Law," and the provisions of this article shall be considered a part of all contracts for the supply and use of water between the Village of Saranac Lake, Inc., and water users.
[Amended 3-13-1995 by L.L. No. 1-1995]
As used in this article, the following words and terms shall have the meanings respectively ascribed to them below:
AMERICAN WATER WORKS ASSOCIATION (AWWA) STANDARDS
Requirements and guidelines for design, installation, performance, and manufacturing of products used in the water industry as promulgated and periodically revised by the American Water Works Association and approved by the American National Standards Institute (ANSI).
[Added 5-2013 by L.L. No. 2-2013]
APPROVED
Accepted for use in connection with water services by the Village Manager, Superintendent, Plumbing Inspector or their agents.
COPPER PIPE
Seamless copper tubing having uniform thickness. The minimum thickness allowed shall be underground Type K.
COPPER PIPE FITTINGS
Bronze or brass flared or compression fittings especially adapted for copper pipe. There shall be electrical continuity from one side of each fitting to the other side.
DEPARTMENT
The Department of Public Works of the Village of Saranac Lake.
DUCTILE IRON PIPE
Standard bell and spigot Class 51 or 52 concrete-lined pipe with Tyton or mechanical joints. Joining of such pipe shall be made with continuity strap or lead-tipped gasket or copper wedge. Where copper wedges are used, there shall be a minimum of three wedges for each joint.
INSPECTOR
The Superintendent or a person from the Department having such authority as may be conferred upon him by the Superintendent and/or the duly appointed Plumbing Inspector of the Village of Saranac Lake.
NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE (UNIFORM CODE)
The New York State Uniform Fire Prevention and Building Code promulgated pursuant to § 377 of Article 18 of NYS Executive Law.
[Added 5-2013 by L.L. No. 2-2013]
OWNER
A person, firm or corporation owning or leasing property and who takes or desires to take water from the mains owned by the Village of Saranac Lake, either directly or indirectly.
PLUMBER
A licensed plumber or other person carrying on business as a plumber who, through training and experience, has acquired the requisite skill and knowledge necessary for the proper installation of plumbing. The Village Board retains the authority to reinstate the requirement for the licensing of all plumbers if it is deemed necessary.
SERVICE LINE
Any line capable of taking water from the street mains owned by the Village of Saranac Lake.
STREET MAIN
A water main owned by the Village of Saranac Lake and supplying or capable of supplying water to one or more consumers.
SUPERINTENDENT
The Superintendent of the Department of Public Works of the Village of Saranac Lake.
WATER SERVICE
The service pipe and all required appurtenances from the street main to the stopcock or valve inside the building or residence to which water from the street main is being or proposed to be furnished.
A. 
Permits.
(1) 
Except in emergency situations, a permit must be obtained from the Village at least 24 hours before:
(a) 
Any water service shall be laid, enlarged, repaired or discontinued.
(b) 
Any street or road shall be opened.
(c) 
Any digging or excavation shall be commenced on public or private property for the purpose of laying, enlarging repairing or discontinuing water service.
(2) 
In emergency situations, the Village may issue a permit less than 24 hours prior to the commencement of any work on water service, including the opening of the street or digging and excavation of public or private property for the purpose of working on water service.
(3) 
Applications for permits shall be made on forms furnished by the Village and shall:
(a) 
State the name of the owner of the property where work is to be performed.
(b) 
State the location of the property where work is to be performed.
(c) 
State the date and time that work on the water service will be commenced.
(d) 
State the date and time that work on the water service will be ready for inspection.
(e) 
State the name and address of the plumber who will do the work.
(f) 
Include general plans and specifications detailing the work which will be performed.
(g) 
State the name and address of insurance company and policy limits.
(h) 
Be signed by the owner or his designated agent.
(4) 
Permits will be issued to the plumbers designated in the application, and such plumbers shall be considered agents of the owners during the progress of the work.
(5) 
No permits shall be issued until a permit fee shall have been paid by or on behalf of the owner. The amount of the fee shall be determined and set annually by resolution of the Board of Trustees. The permit and fee for the opening of the street or road shall be governed by Chapter 243, Article II, of the Village Code.
B. 
The contractor shall covenant and agree to indemnify and hold harmless the owner and the Village of Saranac Lake, Inc., their agents, servants and employees from and against any and all claims for injuries or damages to persons or property of whatsoever kind or character, whether real or asserted, arising out of the work to be performed hereunder. The contractor hereby assumes all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or asserted, occurring during the time the work is being performed and arising out of the performance of the same.
C. 
Neither the contractor nor any subcontractor shall commence work under the permit until all insurance required under this section has been secured and such insurance has been approved by the Village of Saranac Lake.
(1) 
Compensation insurance. The contractor shall take out and maintain workers' compensation insurance for all of his employees at the work site, and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide worker's compensation insurance for all of the latter's employees.
(2) 
Comprehensive general liability insurance. The contractor shall take out and maintain such comprehensive general liability insurance as shall protect him and any subcontractor performing work covered by the permit from claims for damages or personal injury, including accidental death, as well as from claims for property damage which may arise from operation under this permit, whether such operation be by himself or by anyone directly or indirectly employed by either of them. Minimum limits required shall be as follows:
(a) 
Comprehensive general liability (including premises-operations; independent contractors' protective; products and completed operations; broad form property damage):
[1] 
Bodily injury: $100,000 each occurrence; $100,000 aggregate, products and completed operations.
[2] 
Property damage: $100,000 each occurrence: $100,000 aggregate.
[3] 
Products and completed operations insurance shall be maintained for a minimum period of one year, and the contractor shall continue to provide evidence of such coverage to the Village on an annual basis.
[4] 
Property damage liability insurance shall include coverage for the following hazards:
[a] 
X (explosion).
[b] 
C (collapse).
[c] 
U (underground).
[5] 
Contractual liability (hold-harmless coverage):
[a] 
Bodily injury: $100,000 each occurrence.
[b] 
Property damage: $100,000 each occurrence; $100,000 aggregate.
[6] 
Personal injury, with employment exclusion deleted: $100,000 aggregate.
(b) 
Comprehensive automobile liability (owned, nonowned, hired):
[1] 
Bodily injury: $100,000 each person; $100,000 each accident.
[2] 
Property damage: $100,000 each occurrence.
D. 
The contractor shall guarantee the work provided for under the permit for a period of one year from the date of final acceptance of the work.
E. 
The contractor shall at all times keep the work site free from accumulations of waste materials or rubbish caused by his employees at work, and at the completion of the work shall remove all rubbish from and around the worksite.
F. 
Design and installation of water services in the Village of Saranac Lake shall be in conformance with the requirements of this article, AWWA Standards, or the Uniform Code. When requirements of this article are in conflict with AWWA Standards, the Superintendent of the Department of Public Works shall determine which requirements or standards shall be used. The Superintendent shall not approve any installation or waive any requirement in conflict with any state or federal requirement or regulation, including the Uniform Code.
[Added 5-2013 by L.L. No. 2-2013]
A. 
Notice must be given to the Inspector when any service or plumbing for which a permit has been issued is ready for inspection, and the plumber doing the work shall furnish all of the necessary assistance or appliance therefor.
B. 
The plumber shall remove or repair any defective material or labor when so ordered by the Inspector.
C. 
Under no circumstances can any plumber or any of the employees doing the work of plumbing act as the agent or representative of the Village.
[Amended 3-13-1995 by L.L. No. 1-1995]
A. 
The charges for use of Village water by residents, nonresidents and water districts shall be established annually by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Village Clerk.
B. 
An owner of property shall be responsible for the payment of all unpaid usage charges, expenses, fees, rents, fines, penalties and interest which may accrue from or be imposed upon such owner or his/her tenants or occupants for water use, service or otherwise, and all such unpaid amounts shall be a lien upon the real property to which said water service shall have been rendered.
C. 
All legal fees and expenses incurred by the Village to collect delinquent usage charges, fines, penalties, interest and the like shall constitute added usage charges which shall be paid by the owner of the property in the same manner as usage charges and such fees and expenses shall be a lien upon the real property to which water service shall have been rendered.
A. 
All bills shall be rendered annually for the period of June 1 through May 31 of each fiscal year, with payments in full on or before July 31 of that fiscal year.
B. 
On request, payments shall be allowed in no more than four equal installments, with the final installment to be made no later than January 31 of the fiscal year.
C. 
An interest charge of 1 1/2% per month shall be charged to any and all unpaid balance, including all installment payments remaining after July 31, until said balance is paid in full, including all interest incurred thereon to the date of payment.
A. 
Water may be shutoff from the premises without notice if bills are not paid within 30 days of the scheduled dates listed in § 288-6. The shutoff of water shall not in any way limit or restrict other rights which the Village may have under the Village Code or the laws of the State of New York.
B. 
When the water is shut off for nonpayment of bills or for violations of the rules, the same will not be turned on again until all bills are paid, including the expense of shutting off and turning on the water, the fee for which shall be established annually by resolution of the Village Board of Trustees.
Water services shall be used and furnished only for the purpose of supplying water for:
A. 
Ordinary consumption.
B. 
Use in heating, refrigeration and air-conditioning units and systems as hereinafter provided.
C. 
The purpose of supplying water for fire protection as hereinafter provided.
No person or persons, other than members of the Department of Public Works or the Fire Department, shall:
A. 
Open or close any valve, gate or hydrant on the street main.
B. 
Tamper or interfere with any valve, gate or hydrant in any manner.
C. 
Cover or conceal any curb box, gate, valve or hydrant.
A. 
No one, except the Department of Public Works, shall tap or cause to be tapped any water main, either private or Village-owned, through which Village water passes.
B. 
No connection to any water service line shall be made without the express permission and consent of the Village, and any permitted connection shall be made in accordance with the provisions of this article.
C. 
No tap or connection for water service shall be made until a permit shall have been obtained pursuant to § 288-3 of this article and the tapping fee is paid.
D. 
No excavation shall commence until after a permit is issued in accordance with § 288-3 of this article and notification of intention to excavate has been given to the Public Works Department at least one workday prior, and Dig Safe NY two full days in advance, excluding weekends and holidays, to the commencement of any such excavation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Only one tap shall be made for each service line, and the fees for tapping shall be established annually by resolution of the Village Board of Trustees.
F. 
All new taps shall be a minimum of 12 inches from any other tap.
A. 
No street, sidewalk or public property shall be opened by any person for the purpose of making a connection with the water main or for the laying of water service lines or fixtures unless such persons shall have obtained a permit in compliance with § 288-3 of this article and the Public Works Department shall have been given at least one workday's notice prior to the start of any work.
B. 
Water service shall, wherever possible, be laid in a straight line from the street main to the building or private property to be serviced by such line and at right angles to the street main.
C. 
Unless otherwise approved by the Village, water service lines shall be laid at least five feet below the surface of the ground and protected from frost or damage.
D. 
Each water service line shall supply water to only one residence, building or parcel of taxable real property.
E. 
Curb boxes shall be placed on the private property line and maintained at grade, and any curb box projecting above or below grade shall be corrected to grade level by the property owner at his/her expense.
F. 
In the event that the private property line or building is located more than 25 feet from the corporation stop, the Village may require a curb stop and curb box to be installed immediately after the corporation stop in addition to the curb box and curb stop at the property line or building.
G. 
Water service lines from the street main to the curb box and also from the curb box to the stopcock or valve inside the building wall shall be as follows:
(1) 
For lines two inches or less in diameter, the pipe shall be pure, seamless, soft-tempered Type K copper of at least 3/4 of an inch, with copper pipe fittings as defined in § 288-2.
(2) 
For lines larger than two inches in diameter, the pipe shall be ductile iron pipe as defined in § 288-2, with Tyton or mechanical joints, and such pipe shall be connected to the main by a tapping sleeve and valve.
H. 
Water service between the main and curb box shall be of a single continuous piece, and no connections or joints shall be allowed under Village streets.
I. 
All fittings used in laying the water service pipe shall provide electrical continuity from one side of the fitting to the other.
J. 
The responsibility for the costs and expenses of installation, maintenance and repair of water service lines shall be as provided in § 288-20 of this article.
[Added 4-17-2001 by L.L. No. 1-2001]
Corporation stops shall be tapped on the side of the water main except in special circumstances, and the service line shall be looped to prevent settlement and movement.
A. 
No trenches or excavations shall be cut or made until after a permit is issued in accordance with § 288-3 of this article.
B. 
All trenches and excavations shall conform to and comply with the following:
(1) 
They shall be made in open cut, and no tunneling shall be allowed except upon written authorization by the Superintendent.
(2) 
They shall be of sufficient widths throughout their entire lengths to permit proper workmanship and proper inspection.
(3) 
Blacktop, asphalt, concrete and all other surfaces of streets, roads and sidewalks shall be cut with a jack-hammer or saw so that the edges are cut clean and straight.
(4) 
Where the depth of the service line or street main is known, no digging by machinery shall be allowed within one foot of the line or main, and hand digging only shall be done.
(5) 
Where the depth of the service line is not known, excavation by machinery shall be allowed, provided that it is done in a cautious and reasonable manner, and hand digging shall be done as designated by the Superintendent or his duly authorized agent.
(6) 
Such other additional requirements as the Superintendent shall direct.
(7) 
Excavated material may be used to backfill the trench only upon approval of the Superintendent or his duly authorized agent.
C. 
Bridges, barricades, flags, signs and signal lights shall be supplied and maintained by the contractor for the safety and convenience of the public and shall be identifiable as to the contractor. The Superintendent may order such additional precautions taken as, in his opinion, are necessary and reasonable in order to ensure public health, safety and welfare.
A. 
No water main or branch line for water supply shall be constructed within the service area of the Village water system until a permit shall have been obtained from the Village in compliance with § 288-3 of this article and the Public Works Department shall have been given at least one workday's notice prior to the start of any work.
B. 
Water mains and branch lines shall be constructed of ductile iron pipe as defined in § 288-2, with proper blowoff valves. Dead ends shall be prohibited unless approved, in writing, by the Village Manager.
C. 
Four-inch pipe shall be the minimum size acceptable for lines having a total length of 500 feet or less.
D. 
Six-inch pipe shall be the minimum size acceptable for lines having a total length in excess of 500 feet.
E. 
Joints shall be rubber O-ring (Tyton or equal) or mechanical-joint.
F. 
Fittings shall be at least Class 250 cast-iron mechanical-joint.
G. 
Valves shall be Mueller resilient seat, or equal, and shall open counterclockwise.
H. 
Excavation and laying of pipe.
(1) 
The trench bottom shall be hand-trimmed to provide the pipe with a full-length bearing, or the pipe may be supported by blocking, consisting of four blocks to a length of pipe and fine earth or gravel compacted under the pipe.
(2) 
Where the bottom of the trench at subgrade is found to be unstable, all unstable material shall be removed to the width and depth ordered by the Village, and before the pipe is laid the subgrade shall be made by refilling with gravel or crushed stone in layers that shall have been thoroughly compacted so as to provide a uniform and continuous bearing and support for the pipe.
(3) 
Rock shall be excavated to a depth of six inches below subgrade and refilled with thoroughly compacted gravel.
(4) 
The pipe shall be laid directly upon the trench bottom or upon the blocks, and concrete thrust blocking shall be provided at plugs. Ts, bends and at other locations designated by the Village.
(5) 
At the end of each day's work, the pipe shall be sealed with a suitable pipe cap to prevent the entrance of foreign material into the pipeline.
(6) 
The pipe shall be disinfected prior to use in accordance with the methods prescribed by the latest revised edition of American Water Works Association Standard C-600.
(7) 
Prior to use, the line shall be tested for pressure and leakage in accordance with the method prescribed by the latest revised edition of American Water Works Association Standard C-601.
I. 
The contractor shall furnish a maintenance bond in a sum equal to the amount of the contract, and said bond shall have a term of one year and shall insure the Village or the owner against defects in the work performed under the contract.
J. 
Before any water main or branch line will be accepted by the Village and before the Village will furnish water to any water district or nonresident user, the following requirements shall be met:
(1) 
The Village shall be provided with a map showing the location and specifications of all valves, hydrants, water mains, branch lines, corporation stops, service lines and curb boxes, and said map shall be certified by a New York State licensed engineer.
(2) 
The Village shall be provided with certified copies of any and all governmental approvals of the work, including but not limited to the approval of the New York State Health Department.
(3) 
The water mains and branch lines shall in all respects conform to the provisions of this section.
(4) 
The owner and contractor shall furnish a written guaranty provided that the owner and contractor:
(a) 
Guarantee the work, materials and installation against any defects for a period of one year following the date of acceptance of the work by the Village.
(b) 
Agree to repair or replace, without delay, at their own expense, any failure or defect in such work and any and all other direct or indirect damages caused by such failure or defect for a period of one year following the date of acceptance of work by the Village.
A. 
All steam boilers, heating systems and hot-water tanks which are supplied with water from the Village water system shall contain a suitable safety valve, vacuum valve, backflow preventer or other like device to prevent damage from collapse, explosion or burnout due to a loss of water supply.
B. 
Where the chance of contamination of the water supply exists through backflow or backsiphonage, an American Water Works Association approved reduced-pressure backflow preventer shall be installed at the expense the property owner.
A. 
As soon as a water service line, water main or branch line has been inspected and accepted by the Village, the trench shall be backfilled as follows:
(1) 
All backfill material shall be free from large stones, frozen lumps and/or organic material with no boulders or rock pieces larger than four inches in volume.
(2) 
Backfill shall be placed by hand around the pipe or line and to a height of 12 inches above the top of the pipe or line, and such backfill shall be mechanically compacted.
(3) 
The remainder of the trench shall be backfilled in layers not exceeding 12 inches, with each layer to be mechanically compacted.
B. 
If the backfilling in a trench settles, the Village may notify the owner to make repairs immediately, and upon his/her failure to do so, the Village may cause repairs to be made, with the costs of such repairs to be charged against the owner, and the same shall be a lien upon the real property. In case of an emergency, the Village may cause repairs to be made in the first instance without notice, and the costs of such repairs shall be charged to the owner, and the same shall be a lien upon the real property.
C. 
If a trench or other excavation in a public street is left open or incompletely backfilled or if rubbish or surface material is not removed within 24 hours, the Village may cause the work to be done without notice, and the cost of such work shall be charged against the owner, and the same shall be a lien upon his property.
A. 
The street surface of each trench must be restored to its original condition as evidenced by the adjoining surface.
B. 
In replacing pavement over trenches, the existing pavement shall be removed at the edges of the trench for a sufficient distance to give the replaced portion a bearing of at least six inches on undisturbed subbase.
C. 
If not performed by the Village, restoration of the street surface shall be performed in accordance with the specifications of the Village, and all such precautions and measures shall be taken as are necessary to thoroughly bond the new surface to the old. The expense of restoration shall be that of the owner.
A. 
The Village Manager, or any employee of the Village designated by the Village Manager, may at any reasonable time enter the premises of any water user for the purposes of:
(1) 
Examining the pipes and fixtures.
(2) 
Ascertaining the quantity of water used and/or the manner of its use.
(3) 
Terminating water service by the physical disconnection of the service line in all cases where the service line does not have an individual shutoff valve or stopcock.
B. 
The Manager and other duly authorized employees of the Village bearing proper credentials and identification shall be permitted to enter all private properties through which the Village holds a duly negotiated easement for the purposes of but not limited to inspection, observation, measurement, sampling, repair and maintenance of any portion of the water works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
A. 
All sections of this article shall apply to water users whose property is not within the corporate limits of Saranac Lake, and the fees for permits and charges for water usage shall be set by the Village Board and enforced by discontinuance of water service and/or civil action.
B. 
Any person desiring to use Village water whose residence is not within the corporate limits of the Village of Saranac Lake or in a duly authorized water district must petition the Board of Trustees of the Village of Saranac Lake for permission to connect a private service line to the Village main or the nearest source of Village water.
C. 
There shall be a control valve on all mains, branch lines and water service lines outside the Village located on the corporation line, and the Village shall have the right to discontinue water service to any outside user whenever an emergency arises, when the Village water supply is so depleted so as to allow the Village to supply water only to the Village residents and in cases of violation of this article.
D. 
All expenses and costs of installation, maintenance and repair for water mains, branch lines and water service lines outside of the Village limits shall be borne by the owner or owners thereof or the water district, as the case may be.
[Amended 3-13-1995 by L.L. No. 1-1995; 4-17-2001 by L.L. No. 1-2001]
A. 
Liability for water service lines, including but not limited to the costs and expenses of installation, repair, replacement and damages, shall be as follows:
(1) 
The Village shall be responsible for the initial installation of a new water service line from the street main to the curb box, and for the installation of the curb box, and the cost and expense therefor shall be paid by the owner of the property to be serviced by said water service line based upon rates established by the Village;
(2) 
The responsibility for the cost and expense to repair and maintain the water service line from the street main to the curb box, or if there is no curb box to the private property line, shall be that of the Village;
(3) 
The responsibility for the cost and expense to repair and maintain curb boxes shall be that of the Village;
(4) 
The cost and expense for the installation, repair and maintenance of water service lines from the curb box, or if there is no curb box then from the private property line, to the building or structure serviced by such water service line shall be that of the owner of the property/structure serviced by such line.
B. 
Water service lines from the curb box, or if there is no curb box from the private property line, to the building/structure serviced by such lines shall be repaired within 48 hours, and if such repairs are not made then the Village may discontinue water service until such time as all repairs have been completed to the satisfaction of the Village.
A. 
The Village shall not be liable to any person for any damage or loss of any kind or nature to person or property which may arise from or be caused by any change, diminution in or increase of the water pressure from any cause whatsoever or by the cessation or termination of water service.
B. 
When performing the necessary work on private properties referred to in § 288-18 above, the Manager or duly authorized employees of the Village shall observe all safety rules applicable to the premises, and the owner shall be held harmless for injury or death to the Village employees, and the Village shall indemnify the owner against loss or damage to its property by Village employees and against liability claims and demands for personal injury or property damage asserted against the owner, except as such may be caused by negligence or failure of the owner to maintain safe conditions.
A. 
Where water mains, branch lines or water service lines are horizontally parallel to sewer mains or sewer laterals, there shall be a minimum horizontal distance of 10 feet.
B. 
Where water mains, branch lines or water service lines pass over or under sewer mains or laterals, a minimum of 18 inches' vertical separation shall be maintained where possible.
A. 
It shall be unlawful for any owner or person to install or operate heating, refrigeration or air-conditioning equipment and systems unless such equipment and systems are equipped with water-conserving devices by which water is heated or cooled and recirculated so as to limit the use of water from the water main to the amount of water lost through evaporation and the initial filling of the system.
B. 
No water-conserving device shall be used in any heating, refrigeration or air-conditioning system which allows more than 5% of the total water capacity of the heating, refrigeration or air-conditioning system to be lost annually through evaporation.
C. 
Notwithstanding the provisions of Subsection A of this section, refrigeration or air-conditioning equipment less than three compressor-motor horsepower, not using recirculated water, shall be allowed, provided that such equipment is equipped with an automatic water-supply regulating device limiting the flow of water in relation to the condenser temperature-reduction requirements of the equipment.
D. 
Each direct water connection to a refrigerating or air-conditioning unit using water for cooling purposes shall be equipped with a water meter and a check valve to limit the flow of water when the system is not in operation.
E. 
Any person or owner who desires to install heating, refrigerating or air-conditioning equipment or systems requiring the use of water services must obtain approval of said installation from the Village. Applications for approval shall be in writing and must contain:
(1) 
The name of the owner.
(2) 
The location of the premises where the system or equipment will be installed.
(3) 
The name of the person installing the same.
(4) 
The dates of commencement and completion of the work.
(5) 
General plans and specifications detailing the work and the system and equipment to be installed.
(6) 
The signature of the owner or his designated agent.
F. 
Upon completion of the installation of the system or equipment, the owner shall give notice of completion of said installation to the Village Manager, at which time an authorized representative of the Village shall make an inspection of said installation to ensure compliance with the provisions of this article.
G. 
The Village Manager and other duly authorized representatives of the Village shall at all reasonable hours be admitted to any premises using water for heating, refrigeration and air conditioning for the purpose of inspecting the system or systems therein and to ensure compliance with this article.
H. 
Whenever any violation of this article is found, the Village Manager or his duly authorized agent shall serve a written notice of violation upon the owner, and the Village Manager or his duly authorized agent shall have the authority to order discontinuance of the supply of water from the Village main for so long as the violation shall continue.
I. 
Any heating, refrigeration or air-conditioning equipment or system installed prior to the effective date of this article which does not comply with the provisions of this article shall be converted or modified to comply with the provisions of the chapter at such time as repair and/or modifications are necessary to the equipment or system.
A. 
Water services supplying water for fire-protection purposes shall be furnished to an owner only upon the owner's submission of a proper application for such service and the issuance of the permit by the Village.
B. 
Applications for permits shall be made on forms furnished by the Village and shall contain the following:
(1) 
The name of the owner of the property where work is to be performed.
(2) 
The location of the property where work is to be performed.
(3) 
The date and time that work on the fire-protection service will be commenced.
(4) 
The date and time that work on the fire-protection service will be ready for inspection.
(5) 
The name and address of the plumber or contractor who will do the work.
(6) 
General plans and specifications detailing the work which will be performed.
(7) 
The signature of the owner or his designated agent.
C. 
No permit will be issued where the size of the service exceeds the size of the street main.
D. 
No change shall be made in any particular from a plan of work as shown in the plans filed with the application without the written consent and permission of the Village.
E. 
Gate valves shall be placed at the curb or at the street main, or at both such locations, as may be required by the Village. A detector check of a type approved by the National Board of Fire Underwriters, with a two inch by pass and controlling valves, shall be installed on the service, and the Village may require the installation of a meter on the bypass.
F. 
All installations of water service for fire protection shall be made in accordance with the NFPA 13 Standards for Installation, using the most recent edition.
A. 
Each hydrant shall have two two-and-one-half-inch hose connections and one six-inch steamer connection. Hydrants shall have flanged ends to which can be bolted a six-inch flanged end mechanical-joint valve, mechanical-joint end or pipe.
B. 
Each hydrant shall be installed so that the hydrant has a poured-concrete thrust block and/or is securely rodded to the water main. Rods shall be a minimum of 5/8 inch threaded.
C. 
Hydrants shall be set so that the bury mark is at finished grade. In the event that extensions are needed, they will be of proper length to bring the hydrant to normal elevation.
D. 
A valve shall be set so that the hydrant may be shut off for repairs without shutting off any water main or service line.
E. 
Provisions will be made at the time of installation for the proper draining of the barrel when the hydrant is shut down.
[Amended 3-13-1995 by L.L. No. 1-1995; 9-8-2014 by L.L. No. 18-2014]
A. 
Installation of meters; charges.
(1) 
No premises shall be supplied with water from the municipal water works system until a meter is installed on the water service pipe and a radio transmitter reading device is installed on the exterior of the building being served.
(2) 
The Village Water Department may exempt a user from the requirement to install a meter when the water is being supplied for a private fire protection service. In that circumstance, the Village may charge the user a flat annual fee for the private fire protection water line.
Character of Service:
Continuous
Rate:
_____
(a) 
Private fire lines.
Size of Service
Annual Charge
Quarterly
Monthly
2-inch
3-inch
4-inch
6-inch
8-inch
10-inch
(b) 
Private fire hydrant (per hydrant):
(c) 
Infrastructure Investment Charge (per hydrant):
Minimum Charge: None
(d) 
In certain circumstances, the Water Department may supply water from the Village water works system to user(s) without the installation of a water meter. Such exemption from the meter requirement may be allowed when the respective user is willing to pay an annual fee to the Village for the installation and maintenance of a private fire suppression water line. The fee rate for such private line shall be set and/or amended from time to time by the Village Board of Trustees. This exemption from the meter requirement shall be effective regardless of which statutory authorization in the Code was utilized for the meter installation.
(e) 
Terms of payment. Net cash on presentation of bill. Bills may be rendered quarterly or monthly.
(f) 
Terms. From the date of commencement of service, pursuant to application, until 30 days' written notice is given prior to the date set for discontinuance by the Water Department in accordance with provisions of this schedule water service.
(g) 
Special provision. The foregoing rates for private fire protection service are based on unmetered service. Water for fire extinguishment purposes and limited testing requirements shall be provided at no extra charge. However, if, in the opinion of the Water Department, the installation of a fire line meter is required, the customer shall install said meter at his/her own expense. The entire meter installation shall be constructed and installed according to the specifications of the Water Department. There shall be no side/branch connections to said fire service line other than those for fire protection service.
(3) 
This section shall take effect immediately upon filing with the New York State Secretary of State as required by law.
B. 
The Village shall supply water meter devices, accessories and components for new customers. The cost of furnishing and installing each water meter and related accessories shall be paid for as part of the tapping permit fees for the subject premises.
C. 
All meters, registers, generators, vaults, interface devices, wires, cables, and appurtenances used in connection with the municipal water works system shall be supplied by the Village. Installation of the devices and components shall be accomplished in accordance with policies established by the-Superintendent of Public Works. The devices and components related to the metering system set forth above shall be owned, operated and maintained by the Village. The Village will not be responsible for maintenance of valves and/or service pipes attached to the metering devices or components.
D. 
The Village will be responsible for maintaining the water meter and accessories in good working order. Flow measurement accuracy and precision will be governed by applicable AWWA/ANSI standards. The property owner, occupant or tenant where the meter is installed is responsible and shall be held liable for any damage and attendant costs resulting from freezing, tampering, vandalism, etc., to the meter. The cost of repair, replacement, and/or adjustment of the meter shall be paid by the property owner, occupant, or tenant as soon as a bill is presented. The amount shall be a lien against the premises in which the meter is located to the same extent and with the same effect as delinquent water charges as provided for in § 288-5 of the Village Water Code.
E. 
Water meters shall be installed in a location that is easily accessible. The installation of the meter shall ensure that all domestic supplies, are measured. Actual size, location and installation of the meter and accessories shall be approved by the Superintendent of Public Works. No enclosures, cabinets, walls, etc., shall be erected that will obstruct or interfere with the reading, servicing, testing or replacement of the water meter. Property owners, occupants, or tenants constructing such obstructions around or near the water meters shall remove, remodel or relocate the obstruction to provide proper accessibility within 10 days of receiving notice from the Village. Failure to provide reasonable accessibility for maintenance, servicing, testing, repair or replacement of water meters shall be cause for water service termination and water shut off. Water service will be restored only after proper access to the water meter has been obtained to the satisfaction of the Superintendent of Public Works.
F. 
Water meters and/or radio transmitter reading devices shall be read for the purposes of billing on a frequency determined by the Board of Trusties. Authorized representatives of the Village shall be allowed to enter buildings and/or premises at reasonable hours to make meter readings. In the event water meter readings cannot be obtained consistent with the established billing schedule, the Treasurer or their appointee shall prepare estimated bills, based on historical usage data during similar billing periods from the preceding year(s).
G. 
The water meter installed on the water service is the meter of record and shall govern all bill calculations. The water meter register reading prevails over all other devices and readings. The radio transmitter readings will be used for convenience in obtaining readings. It is the responsibility of the water customer, property owner, occupant or tenant to periodically verify agreement between the water meter reading(s) and the radio transmitter reading(s). Any discrepancy between the meter readings and the radio transmitter readings shall be immediately reported to the Village. Whenever a difference in readings exists, the water meter register reading will be used to determine consumption and to calculate the water bill.
H. 
Whenever any water meter fails to properly measure, record and register water passing through the meter, the customer shall be charged at the rate of consumption consistent with historical usage data during similar billing periods from preceding years. If no historical data exists, the Treasurer or their appointee shall estimate the amount of water consumed during the period of meter failure. It shall be the responsibility of the water customer to pay for the amount of water consumption estimated by the Finance Director.
I. 
Water meters shall be tested and replaced on a frequency determined by the Superintendent of Public Works. Normal repairs and replacement of meters shall be made by the Village at no cost to the property owner, occupant, or tenant. Costs of repair or replacement of meters necessitated as a result of freezing, neglect, carelessness or other improper conditions shall be charged against and collected from the water customer.
J. 
The Superintendent of Public Works or authorized representative shall be allowed access during all reasonable hours to all water meters for the purpose of testing meters for accuracy. All water meters shall be tested at the discretion of the Superintendent of Public Works and in accordance with the manufacturers' suggested testing schedules. Additional testing may be required whenever erroneous or erratic meter readings are registered or when mechanical defects are observed. There shall be no charge for routine testing of water meters or for testing done at the Village's initiative. Any water meter shall also be tested upon a customer's complaint or request. Prior to the test, the customer shall agree in writing to pay testing fees if the meter is certified to be within 3% of being accurate. There shall be no testing fee if the water meter is certified as not being within 3% of being accurate. In such cases, the meter shall either be replaced with a properly certified meter or repaired so that the meter is within 3% of being accurate. Fees for testing meters at a customer's request and found to be within 3% of being accurate shall not exceed the charges in the contract for these services approved by the Board of Trustees. All testing charges for water meters shall be added to the water bill on a billing frequency approved by the Treasurer or tier appointee. If such charges and fees are not paid within 20 days from billing, penalties shall be added in accordance with the applicable Code provisions.
In all cases where the established rates do not provide for special and extraordinary use of water, the Board of Trustees may make such rates as, in its judgment, shall be fair.
[Amended 4-17-2001 by L.L. No. 1-2001]
In addition to any other fees and charges provided by law, the Board of Trustees shall establish annually, by resolution, a schedule of rates and fees to be charged pursuant to this article, including but not limited to tapping fees, initial installation of water service lines and/or curb boxes and/or valves, turning on and shutting off of water service inspections, permits, and applications. All such rates, fees and charges shall be paid in advance to the Village.
A. 
The Village may terminate or shut off the water service to any user, either inside or outside the Village, under any of the following circumstances:
(1) 
During the course of extending, maintaining, repairing, replacing or inspecting the Village water system.
(2) 
Whenever it may be found necessary to protect and conserve the Village water supply.
(3) 
For nonpayment of a bill, including interest and other charges, within 30 days of notice.
(4) 
Whenever any user of Village water service disconnects, shuts off, tampers with, interferes with or obstructs Village water service to any other user without the written permission of the Village Manager.
(5) 
For any violation of this article.
B. 
The Village may limit the use of water in cases of emergency or whenever it may be necessary to protect and conserve the Village water supply.
A. 
If any building is razed, moved or abandoned, it will be the responsibility of the owner or the authority which requires such razing, moving or abandonment to obtain a permit to demolish or remove the building at least 24 hours in advance. All water service lines are to be disconnected from the Village mains unless they are to be reused for new construction on said premises. Old water services may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of the Village Water Code.
B. 
Whenever service through a water service line is discontinued permanently, the tap in the main shall be closed, and the service pipe shall be disconnected at the tap. All expense incident to the permanent discontinuance of a water service shall be the responsibility of the owner.
A. 
Any person found to be violating any of the provisions of this article shall, in addition to such other penalties as may be provided within said article, be served by the Village with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in § 288-31A shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $250 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
All local laws and parts of local laws inconsistent herewith are hereby repealed.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The purpose of this article is to safeguard potable water supplies from potential contamination by preventing back flow from a water user's system into the public water system. It is the intent of this article to recognize that there are varying degrees of hazard and to apply the principal that the degrees of protection should be commensurate with the degrees of hazard. Further, it is the intent of the New York, to comply with the requirements of New York State Sanitary Code, Part 5, § 5-1.31, which said section mandates the requirement that the supplier of water protect their water system in accordance with procedures acceptable to the Commissioner of Health. These mandated requirements are as set forth in the Cross Connection Control Manual published by the New York State Department of Health (NYSDOH) and to that extent, the terms, conditions and provisions of the New York State Sanitary Code, Part 5, § 5-1.31, and the Cross Connection Control Manual are incorporated in this article by reference as if more fully stated.
As used in this article, the following terms shall have the meanings indicated:
AIR GAP SEPARATION
A physical break between a supply pipe and a receiving vessel. The air gap shall be at least double the diameter of the supply pipe, measured vertically above the top rim of the vessel, in no case less than one inch.
APPROVED CHECK VALVE
A check valve that seats readily and completely. It must be carefully machined to have free moving parts and assured water tightness. The face of the closure element and valve seat must be bronze, composition, or other noncorrodible material which will seat tightly under all prevailing conditions of field use. Pins and bushings shall be of bronze and other noncorrodible, nonsticking material, machined for easy dependable operation. The closure element shall be internally weighted or otherwise internally equipped to promote rapid and positive closure in all sizes where this feature is obtainable.
APPROVED DOUBLE CHECK VALVE ASSEMBLY
Two single independently acting check valves, including tightly closing shutoff valves located at each end of the assembly and suitable test connections. This device must be approved as a complete assembly.
APPROVED REDUCED PRESSURE ZONE DEVICE
A minimum of two independently acting check valves together with automatically operated pressure differential relief valve located between the two check valves. In case of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the checks at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test cocks. This device must also be approved as a complete assembly.
APPROVED WATER SUPPLY
Any water supply approved by the New York State Department of Health.
AUXILIARY SUPPLY
Any water supply on or available to the premises other than the approved public water supply.
CERTIFIED BACK FLOW PREVENTION DEVICE TESTER
An individual who has successfully completed a New York State Department of Health approved course in the testing of back flow prevention devices and has been issued a certificate by the New York State Department of Health.
CROSS CONNECTIONS
Any unprotected connection between any part of a water system used or intended to be used as a supply of water for drinking purposes in a source or systems containing water or substance that is not or cannot be approved as equally safe, wholesome and potable for human consumption.
VACUUM BREAKER — PRESSURE TYPE AND NONPRESSURE TYPE
A vacuum breaker which can only be used for internal plumbing control and, therefore, not acceptable as a containment device.
WATER SUPERVISOR
The consumer or a person on the premises charged with the responsibility of complete knowledge and understanding of the water supply piping within the premises and for maintaining the consumer's water system free from cross connections and other sanitary defects, as required by this article and all other required regulations and laws.
A. 
Where protection is required. The water system shall be required to maintain a degree of protection commensurate with the degree of hazard regardless of whether the hazard is immediate or potential. To that extent, the Cross Connection Control Manual published by NYSDOH shall be used, as a guide, to determine where protection is required. It shall be the responsibility of the water used to provide and maintain such required protection devices, and such devices shall be of a type acceptable to the New York State Department of Health.
B. 
Type of protection. The protective device required shall depend on the degree of hazard as tabulated below:
(1) 
At the service connection to any premises where there is an auxiliary water supply handled in a separate piping system with no known cross connection, the public water supply shall be protected by an approved reduced pressure zone device.
(2) 
At the service connection to any premises on which a substance that would be objectionable (but not necessarily hazardous to health if introduced into the public water supply) is handled so as to constitute a cross connection, the public water supply shall be protected by an approved double check valve assembly.
(3) 
At the service connection to any premises on which a substance of unusual toxic concentration or danger to health is or may be handled; but not under pressure, the public water supply shall be protected by an air gap separation or an approved reduced pressure zone back flow prevention device. If an air gap is installed, it shall be located as close as practical to the water meter, and all piping between the water meter and receiving tanks shall be entirely visible. A reduced pressure zone device when installed shall be located as close as possible to the property line.
(4) 
At the service connection to any premises on which any material dangerous to health, or toxic substance and toxic concentration, is or may be handled under pressure, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practical to the water meter, and any piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot reasonably be met, the public water supply shall be protected with an approved reduced pressure zone back flow prevention device and it shall be located as close as possible to the property line.
(5) 
At the service connection to any sewage treatment plant or sewage pumping station, the public water supply shall be protected by an air gap separation. The air gap shall be located as close as practicable to the water meter and all piping between the water meter and receiving tanks shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected by an approved reduced pressure zone back flow prevention device and it shall be located as close as possible to the property line.
C. 
Frequency of inspection of protective devices. It shall be the duty of the water user on any premises on account of which back flow protective devices are installed, to have competent inspections made at least once a year, or more often in instances where successive inspections indicate repeated failure. Devices shall be repaired, overhauled or replaced at the expense of the water user whenever they are found to be defective. These tests shall be performed by a qualified back flow prevention device tester and all test results will be provided to the water user within 72 hours after the test is made. Records of such tests, repairs and overhaul shall also be kept and made available to the water user, water supplier and the local health department upon request.
A. 
No water service connection to any premises shall be installed or maintained by the water user, unless the water supply is protected as required by this article and such other applicable local, state and federal laws, rules and regulations.
B. 
If any facility served by a water system denies a Water Department person access to their premises for the purposes of determining if protection to the public water system is necessary, then the maximum protection condition shall be imposed with the requirement that the number of devices shall equal the number of service lines.
C. 
The following penalties shall be applicable for a violation of this article:
(1) 
Failure to install the appropriate back flow prevention device within a prescribed time frame after first notice: $250.
(2) 
Failure to install the appropriate back flow prevention device within prescribed time frames after second notice: termination of service.
(3) 
Failure to at least annually test the back flow prevention device: $300 and/or termination of water service.
(4) 
Failure to replace or repair a back flow prevention device as required: $1,000 and/or termination of water service.