Except when otherwise indicated by context,
whenever used in these rules and regulations, the following terms
shall have the meanings indicated:
The amount charged to each customer for water services.
The City of Franklin, Merrimack County, New Hampshire.
The pipe running from the main pipe to the edge of the customer's
property.
The fee required for connection to the water system.
The City Council of the City of Franklin, the legislative
and governing body thereof.
Any actual or potential physical connection or arrangement
between two otherwise separate systems, one of which contains potable
water and the other of which contains water of unknown or questionable
safety and/or steam, chemicals, gases or other contaminants whereby
there may be a flow of unapproved water to a water system.
A control valve typically located at the edge of the property
which has access at ground level to turn on or shut off water.
[Added 5-4-2015 by Ord.
No. 10-15]
The Department of Municipal Services of the City of Franklin,
New Hampshire.
The Director of the Department of Municipal Services of the
City of Franklin, New Hampshire, or a duly authorized representative.
A charge on the quarterly water bill to each water customer
having access to City water by means of a service connection typically
known as a "curb stop" or some other form of control valve. The quarterly
availability charge is based on the size of the water meter.
[Added 5-4-2015 by Ord.
No. 10-15]
That part of the water system connecting a water main with
an individual premises through the water meter outlet to it.
That part of the water distribution system located within
public easements or rights-of-way and intended to supply more than
one water connection.
The distribution and supply of potable water throughout the
area served by the water system.
The system for distributing potable water and all appurtenances
of it.
A.
The plans and specifications for any water main to
be constructed at private expense intended for connection to the City
water system shall be submitted to the City for approval prior to
commencement of construction. All construction shall be subject to
any inspection and testing the City may require, and such inspection
and testing shall be at the expense of the owner. No water main shall
be connected to the water system until all required tests have been
successfully completed.
B.
Main pipe extensions shall be sized and approved by
the City or its authorized representative and shall be the property
of the City. The pipe shall be installed as outlined in the City of
Franklin Construction Standards. Installation shall be by the City
or a utility service contractor approved by the City.
C.
Highways and streets in which an extension is to be
made shall have been laid out, lines and grades established, and dedicated
to public use by the City. Subdivisions and site plans shall be approved
by the Franklin Planning Board, with rough grade and line established
prior to main installation.
D.
If developers of land choose to extend the City's
water system to their property(ies), they must perform the installation
of the water main in accordance with the City of Franklin Construction
Standards, latest edition. Inspection of such work shall be provided
by the City, and the cost of said inspection shall be paid by the
developer. The City assumes no liability for damage to persons or
property caused by said water main until final acceptance.
E.
The City may wish to maintain ownership of lines located
on private property. In such cases, the developer is required to supply
an easement to the City in a form acceptable to the City. All costs
associated with such installation, inspection, and easements shall
be borne by the developer.
F.
The City may require mains to be sized and equipped
with such appurtenances as may be needed to accommodate the future
expansion or improvement of the water system. The Council, at its
discretion, may pay for the additional costs of such construction.
A.
Application; connection fees.
(1)
Applications for water service shall be made in writing
to the City of Franklin on such forms as shall be provided by the
City and shall contain an agreement made by the applicant to abide
by and accept all of the provisions of this chapter as conditions
governing the use of the City water supply. Application may be made
by the owner of the property to be served or by a duly authorized
representative of the owner. Before any connection is made to any
City water main, application to the City must be made by the owner
of the premises to be served, and all required fees must be paid.
(2)
Fees.
(a)
Water connection fee. Any new or expanding water
user must pay to the City of Franklin a water connection fee in accordance
with the Municipal Services rate schedule. Connection fees are nontransferable.
(b)
Permit application fee. Applications for permits
shall be accompanied by a nonrefundable permit application fee as
required by the Municipal Services rate schedule.
(c)
Inspection fees. The owner/applicant shall pay
all costs related to inspection of new services, waterline extensions,
etc., in accordance with the Municipal Services rate schedule. The
City may require that inspection services be provided by an outside
engineering firm in the case of new building construction or main
extensions.
B.
Only the City or utility service contractors approved
by the City shall tap any main or private main under the control of
the City or connect any service pipe. No person shall turn on or shut
off the water from any service pipe connected to such water mains
or from any pipe, hydrant, or other premises without permission from
duly authorized agents of the City. The owner of the property to be
served shall complete a service application data form that identifies
the fixtures or units on the property that will use water, together
with the estimated gallon-per-minute rates. After a review of this
data, the City will determine the size of service that may be sufficient
to provide reasonable water service. New commercial and industrial
owners and users taking occupation of existing premises shall be required
to reapply for service and shall be bound by all rules and regulations
governing new installations, if the new ownership results in a change
in the use of the premises.
C.
The service pipe shall be installed according to the
City of Franklin Construction Standards, including any subsequent
revisions thereto. The service pipe from the main to the curb cock
shall be installed by the owner at the owner's expense and maintained
by the City. The City shall also maintain the curb cock. Each customer
will provide and maintain the service pipe from the curb cock to inside
the building.
D.
All materials used for construction of service lines,
up to and including the water meter fittings, shall be approved by
the City.
E.
All fire service pipes in the public right-of-way
shall be furnished, laid and constructed as approved by the City and
at the owner's expense, and all portions of such fire service pipe
which lie within the limits of a public street, alley, or way shall
be and shall remain the property of the City. The City in no manner
guarantees to furnish proper quantities of water through any fire
service, nor does it undertake to guarantee anything relative to that
service, but it will endeavor to maintain a reasonable service. If
the City plans to disrupt fire service for water system improvements,
reasonable notice shall be given to customers prior to construction.
The City assumes no responsibility if damage occurs to property because
of disruptions planned or unforeseen.
F.
Private fire service and fire apparatus connected
therewith may be tested by owners or by insurance inspectors under
the following conditions:
(1)
Minimum forty-eight-hour notice shall be given at
the Municipal Services office and Fire Department and the hour agreed
upon by the Director and Fire Chief or their authorized agent.
(2)
The test shall be conducted in the presence of the
City's agent.
(3)
The cost of the City's work shall be paid by the owner.
A.
All premises using water shall be metered. The size
of the meter shall be determined by the Municipal Services Director
or agent after a review of the information submitted on the service
application data form. In all cases the City shall prescribe the size,
type and make of meter to be installed. The City will employ the methods
of AWWA Manual M22 (Sizing Water Service Lines and Meters) in determining
meter and service sizes. Meters shall be installed by the City, shall
be its property and at all times be under its control.
(1)
The City will furnish and install meters. All meters
shall be the property of the City of Franklin.
(2)
Meter horns, including check valves, shall be installed
on all residential services in compliance with City of Franklin Construction
Standards and installed by the developer's or owner's licensed plumber.
(3)
All backflow preventer devices shall be inspected
and tested by the City prior to water service being provided to the
property.
B.
The size, type and location of the water meters and
meter-reading terminals shall be approved by the Department of Municipal
Services in all cases. All meters shall be placed, whenever possible,
on the inside of the building or structure at the point of entrance
of the service line to the building or structure. The meter reading
terminal shall be placed on the outside of the building being serviced.
The consumer shall provide and maintain a clean, dry and warm space
for service and inspection, wherever practicable. No change shall
be made in the original location of meters or meter-reading terminals
unless approved by the Department of Municipal Services and at the
expense of the consumer. Access to meters, meter-reading terminals
and backflow prevention devices shall be provided to the employees
of the City with reasonable notice to the consumer. All meters installed
after the effective date of these rules shall be remote reading, with
the reading device readily accessible on the exterior of the building.
The customer shall provide a clean, dry, and warm place, always free
from debris, for the installation of the meter. The location shall
be easily accessible by a person in an upright position for reading,
maintaining, and changing. In general, arrangement shall be in accordance
with any directions, either special or general, given by the City
or its duly authorized agent in reference to the security, safety,
or necessary accessibility of the same. Unless approved by the Director
of Municipal Services, a location requiring a confined space entry
is not considered a suitable location. Meters may be located in a
meter pit approved by the City in extreme cases.
C.
Meters and any related bypass valves shall be sealed
by the City, and no one except an authorized employee of the City
may break or injure such seals. No person other than an authorized
employee may change the location of, alter or interfere in any way
with the meter except with permission of the City.
D.
The expense of maintaining or replacing meters once
installed will be borne by the City, except that where replacements,
repairs or adjustments of a meter are made necessary by the act, negligence
or carelessness of the owner or occupant of the premises, the expense
to the City shall be charged and collected from the premises. In case
said owner or occupant fails to pay these charges, the same shall
be added to and become a part of the water bill. In case of injury
to the meter or in case of its stoppage or imperfect operation, it
shall be the responsibility of the owner or occupant of the property
to immediately notify the City.
E.
All water furnished by the City and used on any premises
must pass through the meter. No permanent bypass or connection around
the meter shall be permitted for any meter less than two inches. If
any meter gets out of order or fails to register, the consumer will
be charged at the average consumption rate as shown by the meter over
the period of the preceding four billing periods when the meter was
accurately registering.
F.
The accuracy of the meter on any property will be
tested by the City upon written request of the customer, who shall
pay in advance a fee to cover the cost of the test. If on test the
meter shall be found to register over 5% more water than actually
passes through it, another meter will be substituted for it, and the
test fee will be refunded to the customer. The water bill will be
adjusted in such manner as may be fair and just.
In addition to accepting completely constructed
water mains from private individuals, the City may construct, extend,
enlarge or improve the water system at its own expense or cause all
or part of the cost to be borne by an appropriate special assessment
district.
The water system shall be under the exclusive
control of the City and its employees, and no person other than agents
or employees of the City shall operate, tap, change, obstruct, interfere
with or in any way disturb any portion of it. Fire hydrants may be
opened and used only by agents and employees of the City, which specifically
includes members of the Fire Department. No person shall obstruct
a fire hydrant by placing any permanent object within 15 feet of one.
If it becomes necessary to shut off the water from any section of the City because of an accident or for the purpose of making repairs or extensions, the City will try to give timely notice to the customers affected and, so far as practical, will use its best efforts to prevent inconvenience and damage arising from any such causes. The failure to give such notice shall not render the City liable for damages for inconvenience, injury or loss. The City shall not be liable under any circumstances for a deficiency or failure in the supply of water. The City Manager may restrict or otherwise regulate the use of water from the water system if an emergency arises endangering the health or welfare of the citizens of the City, in accordance with Article I, Water Bans, of this chapter.
Any authorized agent of the City shall have
free access at all reasonable hours to inspect any water connection.
No person shall refuse to admit authorized agents of the City to any
property for such purpose. In case the authorized employee shall be
refused admittance or in any way hindered in making a necessary inspection
or examination, the water may be turned off from such property after
giving 24 hours' notice to the owner or occupant thereof.
A.
No cross-connection is permitted. The construction,
installation and maintenance of a service line is the responsibility
of the consumer and shall be constructed in accordance with the requirements,
City Water Construction Standards, City Building Code, this chapter
and/or the State Plumbing Code, whichever is more stringent. A backflow
prevention device approved by the Department of Municipal Services
shall be installed on all new service lines and at any time the service
line is replaced or when a building permit is issued that includes
plumbing work in accordance with cross-connection control program
of this chapter. The preventer shall be made available for testing,
maintenance and repair at reasonable times. A record of all backflow
preventers shall be maintained by the City and a regular schedule
of testing and maintenance provided. The installation or maintenance
of any cross-connection which would endanger the water supply of the
City is prohibited. Any such cross-connection now existing or hereafter
installed is hereby declared to be a violation of this chapter and
shall be rectified as directed by the Director of Municipal Services
or an authorized representative(s).
B.
Inspections shall be made of all properties served
by the water system where cross-connections with the system are deemed
possible. The frequency of inspections and reinspections shall be
based on potential health hazards involved as established by the City.
C.
Water service will be discontinued after giving notice
to any property where any connection in violation of this section
exists, and other precautionary measures necessary to eliminate any
danger of contamination of the water system may be taken. Water service
to such property shall not be restored until the cross-connection
has been eliminated. Water service to any premises shall be contingent
upon the customer providing cross-connection control in a manner approved
by the Department of Municipal Services. Backflow prevention devices
required to be installed shall be a model approved by the Department
of Municipal Services and the NHDES.
D.
The potable water supply made available within properties
served by the water supply shall be protected from possible contamination
as specified by this section and by the governing plumbing code.
E.
No high-pressure steam boiler shall be directly connected
to the water system. The owner shall make such provisions as may be
required by the City before water may be supplied to property with
such an installation.
The City shall be responsible for the repairs
to all portions of the water system within the public right-of-way
and on private property up to and including the curb stop valve. Where
a curb stop valve is located on private property, it shall be relocated
to the public side of the right-of-way whenever practical. Once installed,
the City shall maintain, calibrate and repair water meters as required
unless the repair is caused by the negligence of the premises owner
or tenant.
A.
Free service. Effective June 1, 1980, no free water
service shall be furnished by the water system to any person, firm
or corporation, public or private, or to any public agency or instrumentality.
The City shall pay for all water used at the rates set forth in these
rules and regulations.
B.
Charges for service connection. The fee for connection
to the water system shall be as set forth by ordinance. The City shall
furnish the meter, and where a meter larger than a five-eights-inch
meter is required, the owner shall pay the difference in the costs
of the two meters. It is the responsibility of the property owner
to incur all costs for the installation of water services.
C.
Charges for water furnished. Charges for water will
be calculated in accordance with the rates contained in City ordinance
(Schedule of Fees and Charges). Bills will be dated and due on the
date shown and normally will be rendered on the first day of the month
following a meter reading. Each bill shall be payable on or before
the 20th day after the billing date. Readings and bills are for water
consumed and services rendered.
D.
Estimated readings. In the event that a meter reading
cannot be obtained when scheduled, an estimated reading shall be used
to compute the water bill. The estimate shall be based on previous
consumption or other information and shall be high enough to ensure
that all water which can be reasonably expected to have been used
is billed.
E.
Delinquent bills. If any charges are not paid within
30 days after the billing date, such unpaid charges shall be subject
to a service charge of 1 1/4% per month, 15% per annum. If the charges
are not paid within 30 days after the billing date thereof, all services
furnished by the system may be discontinued, after the deadline specified
on the delinquent notice which is mailed to the property owner 30
days in advance. A late payment fee of $10 will be assessed to all
water customers to which a delinquent notice is forwarded. Service
discontinued shall not be restored until all charges owed and interest,
penalties and costs incurred have been paid in full.
[Amended 7-7-2014 by Ord. No. 04-15; 9-2-2014 by Ord. No. 06-15; 7-3-2017 by Ord. No. 03-18]
F.
Liens on property. All charges and fees levied pursuant
to these rules and regulations shall be a charge and lien upon the
premises to which water is delivered from the date the same becomes
due until paid, and the owner or current owner, if known, of every
building, premises, lot or house shall be liable for all water delivered
to or taken and used upon his or her premises which lien and liability
may be enforced by the City through action at law or suit to enforce
such lien. (Reference RSA 38:22.)
