As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
A. 
Any person or persons, trusts, firms, or corporations having established ownership of the property involved and applying for the installation of waterworks utilities of any kind.
B. 
Any owner requesting the installation of waterworks utilities of any kind in public ways or in private property.
BOARD
The Board of Water and Sewer Commissioners duly elected by the voters of the Town and solely responsible in all matters relating to the Water Department and the water supply system, in accordance with applicable Town and state laws.
DEPARTMENT
The Water Department acting through its Superintendent and its authorized personnel as the agency responsible to the Board for the operation, maintenance and extension of the water system and collection of all revenue due.
A. 
Throughout these regulations, it shall be implied that all the powers, rights and duties attributed to the Department shall have been delegated to the Department by the Board as governing authority. The Department, in the person of its Superintendent, shall be responsible for the interpretation and enforcement of these regulations.
B. 
In cases where disputes arise between the Department and property owners relative to the interpretation of these regulations, the Board, acting within the framework of its powers under the laws, shall act as a board of appeals for the property owners and shall constitute the final authority in such disputes.
ENGINEER
The consulting engineers and their authorized agents employed by the Board to plan and supervise the construction of waterworks utilities.
OWNER
The responsible legal property owner or owners of land abutting ways or streets containing waterworks utilities or in which it is proposed to install waterworks utilities, or the responsible legal property owner or owners of private land in which it is proposed to install waterworks utilities.
WATER MAIN PIPE
All piping and appurtenances installed in public and private ways and in easements for the purposes of providing an available supply for the abutting property owners, for fire hydrant service or for reinforcement and efficient operation of the water system.
WATER SERVICE CONNECTION
All piping and appurtenances installed from the street water main to the meter.
WATERWORKS UTILITIES OR FACILITIES
All water main pipes, service connections, hydrants, valves, meters and appurtenances required to provide satisfactory service from the Town system to the water meters of the individual takers.
Except as otherwise determined by law, the Department as authorized by the Board reserves the right to refuse any application for waterworks utilities if it deems it in the best interest of the Town of Marblehead. The Department will reserve its judgment on the approval of installations between December 1 and April 1 and when ground conditions are unfavorable.
If the Department is requested to change or relocate piping, meters, or any other waterworks facilities, including hydrants, for the convenience of property owners and not as a necessity for the Department, the work of relocation shall be approved by the Department and at the expense of the property owners requesting such relocation. Such requests must be made in writing to the Board for consideration. Relocations required as being beneficial or necessary for the water system and initiated and constructed by the Department shall be paid for out of authorized Department funds.
A. 
Damage to waterworks facilities will be investigated and those responsible will be prosecuted to the full extent of the law. It is requested that all persons, upon noting any damage to waterworks facilities, whether willful or accidental or through oversight or neglect, shall immediately report such damage to the Department in order that steps can be taken to prevent further damage to private and public property and limit the cost of repairs. Tampering with and attempting to bypass meters shall be considered an act subject to action by the Department.
B. 
In particular, persons damaging hydrants shall immediately report such damage and shall be subject to costs for repairs.
A. 
Except in case of fire, no person shall open any hydrant without Department permission.
B. 
Requests for new or additional hydrants by property owners in streets containing water mains shall be made in writing to the Board. Such requests shall be considered on the basis of need and benefit to the system, and, if approved, the Department will install such hydrants when funds are available.
C. 
Requests for relocation of hydrants shall be made in writing to the Board, and, if approved, the Department will make the necessary changes at the applicant's expense.
D. 
In all cases, however, the Department reserves the right to determine the final location of all fire hydrants and will make such determination in cooperation with the Chief of the Fire Department. Where possible, hydrants will be located near property boundary lines.
A. 
All petitions, applications or requests for the installation, relocation, connection, disconnection or removal of waterworks utilities must be from the property owner or owners involved or their authorized agents. The Department will not act upon the request or petition of a tenant or other occupant except for emergency repairs. In particular, the Department will not connect or disconnect service connections or meters or turn water on or off upon request by a tenant.
B. 
The property owner shall also be held responsible for all damage occurring to waterworks utilities on his property or resulting from his actions or those of his tenants and shall also be responsible for payment of all water bills and charges as they become due.
A. 
Nonpayment of bills. The Department reserves the right to shut off any supply or service for disregard of these regulations and nonpayment of charges or bills when due. If a service is shut off by the Department for disregard of rules or nonpayment of bills or charges, there will be a twenty-dollar fee to restore service following submission of a new request and approval by the Department.
B. 
Repairs. The Department reserves the right at any time, without notice, to shut off the water in its mains for the purpose of making repairs, tests, or extensions or for other necessary purposes. All persons having boilers or other appliances on their premises which depend on pressure in the pipes to keep them supplied with water are hereby cautioned against damage from these sources and are required to provide, at their own expense, suitable safety appliances to protect themselves against such damage. It is expressly stipulated that the Department shall not be liable for any damages resulting from water having been shut off either through accident or necessity.
C. 
Notice of shutoff. When it becomes necessary in the opinion of the Department to shut off water in any area of the Town, either because of an emergency or for planned purposes of repair, the Department will endeavor to give timely notice to as many of the consumers affected as time and the character of repairs or accident will permit, but the failure to give such notice will not render the Department responsible or liable for any damage or inconvenience that may result from shutting off water or any coincident conditions.
The Department shall not be held responsible or liable for damages or inconveniences resulting from any of the following reasons:
A. 
Shutting off supplies or services as detailed in § 268-8.
B. 
Interruption of supply for emergency or planned repairs, tests and extensions.
C. 
Collapsed boilers resulting from any condition herein listed.
D. 
Failure of the supply at its source or curtailment of the use of water because of shortage of supply.
E. 
Subnormal or abnormal pressures caused by accident or any of the conditions herein listed.
F. 
Dirty water, either from the source of supply or caused by accident to the system, repairs or operation of the gate and hydrant system.
G. 
Leaks, damage or defects in the consumer's system which become evident coincident with any of the conditions herein listed.
H. 
Failure of the specified minimum-sized service connection, or service connections of any larger size, to provide sufficient water for the consumer's requirements.
I. 
Contamination of the water supply.
J. 
Broken, frozen or otherwise damaged services located between the curb stop and the consumer or on private property.
The Department reserves the right to restrict the use of water at any time and in any manner if it deems it necessary to do so in the public interest. In particular, the use of water for swimming pools, air conditioning and sprinkling systems shall be subject to control or restriction by the Department in any manner and degree determined as necessary by the Board.
In event of a public emergency in which the safety of the water supply is endangered by contamination or other reasons, the Board of Water and Sewer Commissioners in conjunction with the Board of Health, the Police Department and other governmental bodies will take all steps required to protect the public. Such steps may include the shutting off of all parts of the supply system, emergency treatment of water, rationing and disbursement of water to the public, and the issuance, distribution and enforcement of all information and regulations relative to the water supply as the nature of the emergency may require.
The Board reserves the right to change or amend these rules and regulations, application forms, rate schedules and charges from time to time as occasion requires.