[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.
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.
[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.
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.
Water services shall be used and furnished only
for the purpose of supplying water for:
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.
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.
[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.
[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:
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Continuous
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Rate:
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(a)
Private fire lines.
Size of Service
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Annual Charge
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Quarterly
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Monthly
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2-inch
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3-inch
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4-inch
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6-inch
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8-inch
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10-inch
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(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.
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.
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.
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.