Village of Lancaster, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lancaster 3-9-1964 as Article IV of the Plumbing Code (Ch. 150 of the 1976 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 104.
Excavations — See Ch. 139.
Plumbing — See Ch. 244.
Sewers — See Ch. 263.

§ 335-1 Compliance with rules required.

[Amended 6-29-1976 by L.L. No. 11-1976]
The following rules shall be considered a part of the contract with every person who takes water supplied by the Lancaster Water Works, and every such person taking the water shall be considered as having expressed his consent to be bound thereby. Whenever any one of the rules is violated, as in the case of misrepresentation on the part of the applicant or nonpayment of rents when due, the right is reserved to cut off the water without notice, and the water shall not be turned on again until all unpaid rents and charges are paid, together with a charge as provided in Chapter 144, Fees of the Code of the Village of Lancaster, for turning the same on again. In case the violation of any rule is discovered previous to turning on the water, then the water shall not be turned on for said premises until the rules are fully complied with.

§ 335-2 Responsibility for and care of meters.

[Amended 9-8-1980 by L.L. No. 12-1980]
A. 
All water will be delivered through meters. Such meters shall be purchased from the Village of Lancaster by consumers and shall be maintained through the Village of Lancaster.
B. 
External reading devices, if any, to be used in conjunction with any water meter must be purchased and maintained through the Village of Lancaster.
C. 
Meters and/or external reading devices shall be placed in an upright position, accessible for reading and/or removal, and in no case and under no circumstances shall any consumer or other person change, alter or interfere with said meter or external reading device or the dials thereof.
D. 
If the meter and/or external reading device is found to be out of order or fails to register, the consumer will be charged at the average rate of consumption, as shown by the meter when in order.
E. 
Consumers must properly protect meters and external reading devices from injury or damage.
F. 
Upon the failure of the owner and/or occupant of any premises subject to any charges pursuant to this section for the installation, maintenance and/or repair of any water meter and/or external reading device to pay to the Village of Lancaster, the amount of said charges within 10 days after receiving a statement of said charges from the Village of Lancaster, the balance of such charges, together with interest, shall be added to the tax roll of the Village of Lancaster and shall become a lien against said premises in the same manner as regular Village property taxes and shall be subject to penalties and subsequent collection by the Village of Lancaster in the same manner as any other delinquent real property tax would be collected.

§ 335-3 Application for water supply.

[Amended 6-29-1976 by L.L. No. 11-1976]
All applications for the introduction or supply of water into any premises or for the extension of any pipe for the conveyance of water must be made to the Village Treasurer by the owner or by a licensed plumber, as the authorized agent of the owner, of the premises. Such application shall be accompanied by application fees in accordance with the schedule as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.

§ 335-4 Supervision and responsibility for work.

A. 
The installation of water service pipes up to the main line and all connections and plumbing therefrom to the street line must be done by or under the supervision of a plumber, licensed according to the Village Plumbing Code regulating plumbers,[1] and under the inspection of the Board or its authorized agent; and a written permit therefor, signed by the Treasurer must be obtained in each case before any of said work is commenced.
[1]
Editor's Note: See Ch. 244, Plumbing.
B. 
In doing the work of introducing the water into any premises or making any additions or changes in plumbing work, the plumber is to be considered as agent of the owner and not in any sense as the agent of the Village; and the Village will not be responsible for his acts. All plumbing work must be done at the sole risk of the person having the same done or the plumber.
C. 
No liability shall be attached to the Village Board or the Village of Lancaster for the incorrect location of any water main.

§ 335-5 Specifications.

A. 
On all new work, water service pipe from the main in the street to the water meter must be of the so-called "Type K" heavy copper tubing, not less than 3/4 inch in diameter. When replacing water service pipe between the main in the street and the curb shut-off, so-called "Type K" heavy copper tubing must be used.
B. 
All corporation cocks, curb cocks and adapters shall be of the type approved for use with Type K copper tubing. Curb cocks shall be of the inverted key type. Corporation cocks must be provided with Mueller thread.
C. 
Type L. M. and DWV copper pipe and fittings may be used for storm and sanitary drainage, wastes and vents, but limited to areas above ground. The use of hard temper copper pipe may be permitted for wastes and vents underground. Type K copper pipe and fittings will not be limited.
[Added 11-22-1971]
D. 
Limited use of hubless cast-iron soil pipe and fittings may be used for storm and sanitary drainage, wastes and vents in two-story family dwellings and commercial and institutional buildings, provided weight-bearing points are installed in accordance with good practice and manufacturer's standards. Such no-hub cast-iron soil pipe and fittings shall be connected by using a one-piece neoprene gasket and stainless steel shield and retaining clamps. The retaining clamps shall be tightened to a minimum of five foot-pounds by the use of a preset torque tool. Such no-hub-type installation shall pass the water test for adequate seal and strength at all joints. Plumbing plans using no-hub cast-iron joints for buildings, three stories or more shall be approved by the Plumbing Board prior to the granting of a plumbing permit.
[Added 11-22-1971]
E. 
The use of molded neoprene compression gaskets for joining the hub end and spigot end of cast-iron soil pipe also may be accepted as an alternate to the lead-oakum caulked joint. This compression-type gasketing system shall meet all interim standards, ASTM applicable specifications and manufacturer's and good practice recommendations for installations. Neoprene compression gasket assemblies shall pass water seal and strength of joint test and other physical test as required by standard specifications.
[Added 11-22-1971]
F. 
The use of polyvinyl chloride, known hereafter as PVC, pipe and fittings shall be approved but limited to applications of drainage, waste and vents, DWV, for family units not exceeding two stories in height, provided there is no stack height exceeding 38 feet. This PVC pipe shall not be installed under concrete slabs or buried underground. The pipe and fittings shall bear the National Sanitation Foundation seal and shall be manufactured from Type 1, Grade 1 polyvinyl chloride material and limited to I.P.S. Schedule 40 and heavier. The materials shall be classified as self-extinguishing when tested in accordance with ASTM - D635 and ASTM - E-84. The pipe shall meet the requirements of commercial standard CS - 272-65 or ASTM - 02665-68.
[Added 11-22-1971]
G. 
Cement cleaner. The solvent cement should conform to the requirements of ASTM - 02564 or CS - 272-65 or their latest revisions.
[Added 11-22-1971]
H. 
These PVC installations shall be made in conformity with applicable standards, including the recommendations for the use of plastic piping for DWV systems in Technical Report No. 3 of New York State Building Construction Code.[1] Installation of PVC shall follow the manufacturing industry's good practice recommendations regarding assembly and seal of joints, adequate support for pipe and fittings and the use of solvents and cements with proper precaution for health and fire safety.
[Added 11-22-1971]
[1]
Editor's Note: See Ch. 104, Building Construction.
I. 
PVC installation shall pass a water test for adequate seal and strength of all joints where required by the Plumbing Inspector.
[Added 11-22-1971]

§ 335-6 Introduction of water from main to premises.

A. 
All of the expenses attending the introduction of water from the main to the premises must be paid by the applicant. There shall be no tapping of the main or connection made therewith except by the Village or its authorized agent, nor without a permit from the Board stating the size of the tap and pipes and location; and the person doing such work shall report in writing to the Board the number and size of all taps inserted by him, the length and size of service pipe laid and the precise location of each tap, stopcock, box and pipe. There shall be a stopcock and box connected with the service pipe running into any house, placed inside of the curbline of the street, and a stopcock at the main and a stop- and wastecock placed just inside the building so that the water may be turned off from the whole house by either stopcock, without closing the others. The pipes must be so arranged that all the water can be drawn from them from the wastecock to prevent freezing or for other purposes. The size and kind of taps, service pipes, stopcocks, wastecocks, boxes and private hydrants shall be determined by the Board.
B. 
All service pipes must be laid 4 1/2 feet below the surface of the ground. No fixture or device of any description for the use of water shall be attached to the service pipe between the main and the meter, but all water used must first pass through the meter. By any violation of this rule a penalty as provided in § 150-20 will be incurred and the water shall be shut off at the curb cock until such changes have been made as will render its violation impossible.
[Amended 6-29-1976 by L.L. No. 8-1976]

§ 335-7 Inspection of apparatus; turning on of water.

All apparatus for the use of water shall be subject to the inspection and approval of the Board as to pattern, material and workmanship. No person, except an authorized agent of the Village, shall turn the water on for any plumbing, whether a new or old supply, except that it may be turned on by the plumber to test the work, to be turned off immediately after the test is made. Water will not be turned on for any building until any excessive amount of water used for building purposes, if any has so been used, has been paid for.

§ 335-8 Supply to others prohibited.

No owner or tenant of any premises supplied with the water by the Village will be allowed to supply water to other persons or families. If found so doing the supply will be stopped and the amount paid, forfeited. Except where special permission is granted by the Board, each consumer must be supplied by an independent service pipe from the main.

§ 335-9 Repair of leaks.

[Amended 5-13-1974]
A. 
All leaks on service pipes from the street main to the meter and in and upon all premises supplied with water by the Village of Lancaster must be promptly repaired by the owner or occupant within 48 hours after said owner or occupant knew or should have known of the existence of said leak or after the owner or occupant of the premises in question has been mailed written notification of said leak.
B. 
Upon failure of the owner or occupant of the premises in question to take action which the Village of Lancaster Water Department or its agent feels is necessary to repair any said leak, the Village of Lancaster Water Department and or its agent, as may be authorized from time to time by the Board of Trustees of the Village of Lancaster, shall be entitled to:
(1) 
Repair the leaking service and levy a charge against the owner and/or occupant of the premises in question, which said owner and/or occupant shall be considered as jointly and/or severally liable for the cost of all equipment, labor and material necessary for the completion of said repairs.
(2) 
In the case of abandoned, burned or otherwise unoccupied buildings or structures which are being furnished water by the Village of Lancaster and in which leaks on service pipes, as set forth above, are discovered, the Village of Lancaster Water Department and/or its agent shall be authorized to shut off the water service at the main and to levy a charge for this or any other necessary service against the premises involved, which said charge shall reflect the retail cost of any or all necessary equipment, labor or materials required to satisfactorily terminate the leak in question.
C. 
In all the above-mentioned instances, in addition to any charge to be levied against the premises for the cost of equipment, labor and materials necessary to terminate the leak, the premises shall also be charged at the prevailing rate for the water lost as a result of said leak from the date on which the owner and/or occupant knew or should have known of the existence of said leak.
D. 
Upon the failure of the owner and/or occupant of any premises subject to charges pursuant to this section, to pay to the Village of Lancaster the amount of said charges within 10 days after receiving a statement for said charges from the Village of Lancaster, the balance of said charges, together with interest, shall be added to the tax roll of the Village of Lancaster and shall become a lien against said premises in the same manner as regular Village property taxes and shall be subject to penalties and subsequent collection by the Village of Lancaster in the same manner as any other delinquent real property tax could be collected by said Village.
E. 
The provisions of this section shall be in addition to any restrictions and/or limitations imposed by the Plumbing Code[1] of the Village of Lancaster, as said code was adopted on March 9, 1964, or any subsequent amendments or modifications thereto.
[1]
Editor's Note: See Ch. 244, Plumbing.

§ 335-10 Vacating properties.

[Amended 6-29-1976 by L.L. No. 11-1976]
Consumers closing or vacating their premises must give notice, at the office of the Treasurer, that the water must be shut off, or they will be held responsible for the water bill until such notice is given. A charge as provided in Chapter 144, Fees, of the Code of the Village of Lancaster will be made for turning the water on again.

§ 335-11 Payment of water bills.

[Amended 6-29-1976 by L.L. No. 11-1976; 8-25-1986 by L.L. No. 3-1986; 1-25-1988 by L.L. No. 3-1988; 12-27-1993 by L.L. No. 4-1993]
All water bills shall be paid at the office of the Treasurer. Billing shall be bimonthly. A penalty of 10% shall be added to each bill for which payment has not been received at the office of the Treasurer on or before the 20th day of the billing month. When bills are not paid within 30 days after the billing date, the water may be shut off for the premises without notice and not be turned on until all payments due are paid. The fee as provided in Chapter 144, Fees, will be charged for turning the water on again.

§ 335-12 Water rate districts.

[Amended 6-29-1976 by L.L. No. 8-1976; 12-27-1993 by L.L. No. 4-1993]
The Village shall be divided into two districts for the collection of water rates. Boundaries of these districts shall be kept on file in the office of the Village Clerk.

§ 335-13 Access to premises.

The Trustees, personally, or any person delegated by them for the purpose shall at all reasonable hours have free access to all parts of premises to which water is delivered, for the purpose of inspection, examination of fixtures, etc., and all persons using water must, at all times, frankly and without concealment, answer all questions put to them relating to its consumption.

§ 335-14 Injury to works.

Any person or persons, other than those authorized by the Board of Trustees of the Village of Lancaster, who shall open or take water from any fire hydrant or who shall maliciously or willfully injure or destroy any fire hydrant or other property in connection with the waterworks system will be prosecuted to the full extent of the law.

§ 335-15 Rates.

[Amended 8-11-1969; 2-23-1970; 3-25-1974; 6-29-1976 by L.L. No. 11-1976]
Rates for water metered services within and outside of the Village of Lancaster shall be as provided in Chapter 144, Fees, of the Code of the Village of Lancaster.

§ 335-16 Meter seals.

[Amended 6-29-1976 by L.L. No. 8-1976]
All persons are forbidden to interfere with or disconnect a water meter from any service; and where a meter is sealed by an officer or employee of the Village, the seals shall not be broken for any purpose or use except by a licensed plumber when an emergency exists. In this case, the plumber shall notify the Department of Public Works within 10 hours or have his license revoked. The owner of the premises or the tenant or any other person so offending shall be subject to the penalties provided in § 335-20.

§ 335-17 Curb boxes.

A. 
All connections shall be provided with an inverted key stopcock which shall be covered with a cast-iron box extending up to the grade of the sidewalk, the cover to have the word "water" thereon.
B. 
The curb box shall be kept in good condition by the owner of the premises, and the stopcock shall be accessible at all times in the event of trouble with the service pipe.

§ 335-18 Changing rules; liability for water failure.

The Board reserves the right to change the rules and regulations and the rates for the use of water, from time to time, to modify them in special cases; to make special rates or contracts in all proper cases; to shut off water for alterations, extensions and repairs; and to stop and restrict the supply of water whenever it may be found necessary. The Village shall not be liable under any circumstances for a deficiency or failure in the supply of water, whether occasioned by the shutting off of the water to make repairs or connections or for any cause whatever.

§ 335-19 Conflict of provisions.

A. 
In addition to the provisions of this chapter, the Plumbing Standards of the State Building Code, as outlined in Bulletin No. 23, Minimum Requirements for Plumbing recommended by the Department of Health, State of New York,[1] shall remain in full force and effect.
[1]
Editor's Note: See Ch. 104, Building Construction Administration.
B. 
In the event of any conflict between this chapter and the Plumbing Standards of the State Building Code as outlined in said Bulletin No. 23, the terms, conditions and requirements, which are the most restrictive, shall take precedence and apply.

§ 335-20 Penalties for offenses.

[Added 6-29-1976 by L.L. No. 10-1976]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, Penalties for Offenses, of the Code of the Village of Lancaster.