A. 
This chapter sets forth uniform requirements for all consumers of the domestic, potable water distribution system for the City of Fitchburg and enables the City to comply with all applicable state and federal laws required by the Clean Water Act of 1977, the Safe Drinking Water Act (SDWA) and the Surface Water Treatment Rule (SWTR) (40 CFR Part 141).
B. 
The objectives of this chapter are to:
(1) 
Provide for equitable distribution and treatment of the municipal water system.
(2) 
Enable the City to comply with all local, state and federal regulations pertaining to drinking water.
C. 
This chapter provides for the regulation for the Department of Public Works Division of Water Supply through contracts with every person who takes/purchases water and governs the relations between the Water Division and its customer and contractor/developers who install water systems to the set fees for the equitable distribution of costs set by the City of Fitchburg resulting from the program established herein.
A. 
Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows:
ABUTTER
One whose property abuts, is contiguous to or joins at the border or boundary of a public right-of-way in which a main pipe is to be or has been installed.
BACKFLOW
The flow of water or other liquids, mixtures or substances into the Water Division's service or main pipes from any source other than the intended source.
BACKFLOW PREVENTION DEVICE
A Water-Division-approved device which operates as a check valve on the service pipe to prevent any material from being forced or drawn into the Water Division's service or main pipe and thereby contaminating the potable water supply.
BYPASS
The pipe extended around the meter from and to the service pipe through which the Water Division may provide water to the customer while the meter is out of service.
CITY
City of Fitchburg.
COMMISSIONER
The Commissioner of Public Works for the City of Fitchburg.
CORPORATION STOP
The valve located at the service main which only the Water Division may use to turn on or shut off service to the premises.
CROSS CONNECTION
Any actual or potential physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other which contains material of unknown or questionable safety, including water containing any physical, chemical, biological or radiological substance or matter.
CURB STOP
The valve located at or adjacent to the customer's property line, which the Water Division alone may use to turn on or shut off service to the premises.
CUSTOMER
Any individual, partnership, firm, association, corporation, city government or governmental division owning property to which the Water Division supplies water service.
CUSTOMER UNIT
The premises or occupancy or the part thereof to which meter rates shown herein shall be separately applied.
DEPARTMENT OF ENVIRONMENTAL PROTECTION or DEP
The Massachusetts Department of Environmental Protection.
DEPUTY COMMISSIONER
Deputy Commissioner of Water Supply for the City of Fitchburg.
EASEMENTS
A right-of-way the City has been granted and/or purchased for the transmission of its water distribution system.
ENVIRONMENTAL PROTECTION AGENCY
The United States Environmental Protection Agency or, where appropriate, the Regional Water Management Division Director or other duly authorized official of said agency.
FRONTAGE
The number of feet measuring that portion of a petitioner's premises which abuts the public right-of-way in which the main pipe is to be installed. Where a petitioner's premises is a corner lot, frontage shall mean the average of that portion of the premises which abuts the public right-of-way in which the main pipe is to be installed and those portions which abut public rights-of-way in which the main pipe is not to be installed.
JOBBING
Any special service rendered by the Water Division other than the rendering of basic water service.
MAIN PIPE
The supply pipe from which service connections are made to supply domestic water to customers.
METER
A device to be used for the measuring of the quantity of water supplied to the customer.
NONACCESSIBLE FRONTAGE
The number of feet that portion of the public right-of-way which, as determined by the Water Division in its sole discretion, is not accessible for water service due to excessive ledge, elevation, high-water table, service area, public ownership or other circumstance.
OUTSIDE READER
The device placed by the Water Division on the outside surface of the customer's premises permitting the Water Division to determine water consumption based on a meter reading without entering the premises.
PETITIONER
Any person, partnership, firm, association, corporation or agent thereof requesting main and/or service pipe extension for purposes of residential, commercial, industrial or other business service or for purposes of service to one or more residential units.
POTABLE WATER SUPPLY
Water supplied from a source which has been approved for human consumption by the Massachusetts Department of Environmental Protection.
PREMISES
The customer's property or building(s) thereon to which service is provided.
PRIVATE FIRE PROTECTION
Private water service, including fire sprinklers, hose lines and hydrants, connected to or served by the water distribution system to provide water for extinguishing purposes.
PRIVATE METERS
Additional non-Water-Division-owned meters monitoring separate service to a portion of the customer's premises.
REGULAR WORKING HOURS
The hours, Monday through Friday, excluding holidays, during which time the Water Division is normally open for business. (7:00 a.m. to 3:00 p.m.).
[Amended 11-16-1999 by Ord. No. 443-99]
RESIDENTIAL PETITIONER
Any person, partnership, firm, association, corporation or agent thereof requesting main pipe extension for purposes of residential service to not more than three residential units.
SERVICE PIPE
The pipe running from the main pipe to the customer's property.
SHUT OFF
The valve owned and maintained by the customer, located within the customer's premises or on his or her property, which may be used to turn on or shut off service to the premises.
[Amended 6-3-2014 by Ord. No. 100-2014]
SPECIFICATIONS
Hardware and installation specifications used for installing water mains.
[Amended 11-16-1999 by Ord. No. 443-99]
USER
The customer or person authorized by the Water Division to draw service from the Water Distribution System.
WATER DIVISION
The Fitchburg Department of Public Works, Division of Water Supply, located at 718 Main Street, City Hall, Fitchburg, Massachusetts, 01420.
ZONES
Groupings of multiple sprinkler heads which provide water to one area of a customer's lawn at a time.
B. 
Word usage. "Shall" is mandatory; "may" is permissive.
C. 
Interpretation. In the construction of this chapter, the use of the masculine gender shall include the feminine, and the singular shall include the plural where context so indicates.
A. 
The City of Fitchburg assumes no liability for the conditions which exist in consumer's pipes and which cause trouble coincident to or following the repairs of any main pipe or service pipe, meter or other appurtenances belonging to the Water Division.
B. 
The City does not guarantee constant pressure nor uninterrupted service and does not assure the consumer either a full volume of water or the required pressure per square inch to effectively operate hydraulic elevators, sprinkler systems or other appliances, the same being subject to all the variable conditions that may take place in the use of water from the City mains.
C. 
No consumer shall be entitled to damage or to have payment refunded for any interruption of supply occasioned either by accident to any portion of the works or by shutting off for the purpose of additions or repairs to the works or by the stoppage or shortage of supply due to causes beyond the control of the Water Division, such as excessive drought, fire-fighting requirements, excessive use of and waste of water by other consumers or by leaks or defects in the pipes or appurtenances owned by consumers or the Water Division.
D. 
The City is not responsible for damages caused by dirty water resulting from the opening or closing of any gate valve, the use of fire hydrants, the breaking of any pipe, deficiencies in pressure, volume, supply of water or any other situation that may result in a discoloration of the water.
E. 
The Water Division reserves the right at any time, without notice, to shut off the water in the mains for purposes of making repairs, extensions or for any other necessary purposes. Persons having boilers or other appliances on their premises that depend on pressure in the pipes to keep them supplied with water are hereby cautioned against danger from these sources and are required to provide, at their own expense, suitable safety appliances to protect themselves against such danger.
F. 
The Water Division will endeavor to give due notice to as many of the consumers affected as time and character of the work permit when it is necessary to shut off the supply from any section of the system to make repairs or changes or because of broken mains and will, as far as practical, use every effort to prevent damage or inconvenience; but failure to give such notice will not involve the Water Division in any responsibility or liability for damage arising from any subsequent actions or conditions.
G. 
The Commissioner, with City Council approval, has the right to change the water rates and charges to establish special rates when, in his or her judgment, the interests of the City of Fitchburg are best served by doing so.
[Amended 6-3-2014 by Ord. No. 100-2014]