[HISTORY: Adopted by the Board of Trustees of the Village of Manchester as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-1978 by L.L. No. 1-1978 (Ch. 96, Art. I, of the 1980 Code)]
These rules, regulations and rates shall be a part of the contract with any person, firm or corporation which is supplied with water or whose property is supplied with water by the Village of Manchester, and every such person, firm or corporation taking water or whose property is supplied with water shall be bound thereby.
All applications for the use of water must be made in writing on a form which will be provided and shall be left with the Clerk of the Village of Manchester for processing, together with the cost of installation. Each application shall be subscribed by the owner or owners of the premises for which the use of water is sought, which shall import a covenant and agreement on the part of the ownership of the premises to be bound by and to comply with in all respects the provisions of these rules and regulations and any amendments thereof and to pay the rates and charges herein established, which schedule of rates and charges is hereby made a part of these rules and regulations and any subsequent amendments thereof and changes therein.
The Village of Manchester will endeavor to use reasonable care and diligence to provide at all times an adequate supply of water at adequate pressure but assumes no liability for the failure to do so. The right is reserved to shut off the water temporarily for the purpose of making repairs, changes, tests or improvements to the water system and to control water use and consumption in an emergency or when there is insufficient water available. In case of a shutdown, reasonable efforts will be made to notify consumers, but no liability will be assumed for failure or inability so to do. Consumers are cautioned to make adequate provisions against collapse and drainage to their boilers because of lack of pressure. All house and other boilers shall be fitted with a suitable check value to prevent accidents from collapse or damage in case the water is suddenly drawn off from the water mains or pipes.
No person or persons except duly authorized officials and employees of the Village of Manchester shall do any work or operate the water mains, valves, hydrants, meters, curb boxes or services of the water system, except in the case of hydrants, members of an organized fire department or fire company may operate them in the performance of their duties, or for directed drill.
A. 
Fees and/or charges of the Code of the Village of Manchester shall remain as established until such time as the Board of Trustees of the Village of Manchester shall, by resolution from time to time, change such fees and/or charges.
[Amended 8-5-1985 by L.L. No. 8-1985]
B. 
The necessary labor and materials for completing the installation from the curb box to the meter shall be furnished and paid for by the applicant for water service. Service pipes shall not be less than 3/4 inch and must be copper tubing, Type K, with swedged joints only, and be placed at least 4 1/2 feet below the surface. The installation and materials must be approved by a duly authorized official or employee of the Village of Manchester before the trench is backfilled. If any defects in the workmanship or materials are found or if the consumer's service pipe has not been installed in accordance with the specifications or requirements herein provided, water service will not be turned on until such defects have been remedied, and if water service has been turned on before discovery of such defects, the service may be turned off until the defects are remedied.
C. 
Service connections will be made within a reasonable time after the filing and approval of the application for service, but the Village of Manchester reserves the right to make service connections only during the period from April 1 to November 1 in any calendar year.
The Village of Manchester shall at all times remain the owner of all equipment from the water main to the property line or curb stop and curb box, and this equipment shall be maintained by the Village of Manchester and may be removed or changed by it at any time.
A. 
Meters shall be installed in all water services.
B. 
Meters will be furnished and set in position by the Village of Manchester and rented to the owner of the premises, but title to all meters so furnished shall remain in the Village of Manchester. A rental charge in accordance with the scheduled rates and charges as herein established will be charged, except that where the water service pipe is larger than one inch, the meter must be paid for and owned by the water consumer, and such meter must be approved by the Board of Trustees of the Village of Manchester.
C. 
Whenever a meter is to be installed, a suitable place must be provided by the owner of the premises and must be in a place free from frost, accessible at all times and properly safeguarded. If it is impossible to place the meter where it will be free from frost, a suitable boxing must be built and the meter packed to prevent freezing at the expense of the property owner.
D. 
No person except a duly authorized official, employee or agent of the Village of Manchester shall open, change, tamper with or otherwise disturb any water meter lawfully connected with the Village water system.
E. 
The cost of repairing any damage which may be sustained to a meter resulting from carelessness of the owner, tenant, agent or employee or occupant of the premises, or from neglect of either or any of them properly to protect such meter, as well as any damage which may result from allowing such meter to become frozen, burned, injured or damaged by hot water or steam, shall be paid to the Village of Manchester on demand.
F. 
Whenever an owner of a premises shall fail to comply or shall fail to procure compliance by a tenant or other occupant of the premises with the provisions of this section, the Village of Manchester, in addition to all other penalties provided, may discontinue supplying water to the premises, without notice, and may, in addition, provide, at the expense of the owner, a meter vault and meter at the curbline or other convenient location between the water main and the buildings on the said premises.
A. 
A separate application must be made, and a separate water meter must be installed for each premises, and the owner of each premises shall be required to pay a separate and full scale of water rates and meter rental for each separate use of water on his premises, a separate use being service supplied for:
(1) 
A single dwelling occupied by members of a single family or household sharing common bathing, washing and sanitary facilities;
(2) 
Any separate dwelling unit in a single structure occupied by a single family or household sharing common bathing, washing and sanitary facilities, to the exclusion of other occupants of the same structure; or
(3) 
Any portion of any premises occupied by a separate business or other enterprise, using and maintaining any water facilities to the practical exclusion of any other occupant of the same premises.
B. 
Where a property owner or consumer, in order to comply with the foregoing provisions of this section, will be put to undue expense or hardship in changing and installing new piping or equipment, the Board of Trustees may waive compliance as to separate meters, but the owner of such property will be required in any event to pay a quarterly minimum bill which shall be the minimum quarterly charge established and fixed by § 274-14 of this article for a single unit or dwelling times the number of users determined by the foregoing provisions of this section.
C. 
No connection shall be made to any service for the benefit of any other residence, family, business or establishment, nor shall any submetering of water be allowed. At no time shall there be any physical connection between a water system or source of supply on the premises and the water system of the Village of Manchester, or any pipe carrying water from the Village system, nor shall there be any connection or taps between the meter and the water main.[1]
[1]
Editor's Note: Original § 96-9, Frozen pipes, of the 1980 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The Village of Manchester will not be liable for any damage from leakage of service pipes, fixtures or equipment in or upon the premises of any consumer of water. The Village of Manchester reserves the right to shut off water service in the event any owner or consumer fails, neglects or refuses to promptly repair the service pipe, if a leak develops between the curb box and the meter, and service will not be restored until the service pipe is repaired to the satisfaction of the Village of Manchester.
A member of the Board of Trustees of the Village of Manchester and any official or employee of the Village of Manchester may at any time enter any building or upon any premises where water service is furnished by the Village of Manchester for the purpose of making any examination of the pipes, fixtures, equipment or meter.
In the event a meter becomes out of order, requiring that same be removed for repairs or adjustment, the consumer will be charged the estimated amount of water used.
A. 
Any consumer making complaint as to the correctness of a meter and claiming to be overcharged may apply in writing to the Village Clerk within 10 days after the bill is rendered and deposit the sum of $20 and request the meter be tested. If the meter is found to be correct or to underregister the amount of water, such deposit will be retained by the Village of Manchester in payment of the testing charge. Should the meter be found to overregister the amount of water, the deposit will be returned and proper correction made to the bill for the quarter the bill covers only. The Village Clerk or water cashier are each authorized to correct any bill so shown to be incorrect due to an incorrect reading of the meter or to a fault in the meter, but for no other reason.
[Amended 11-18-1980 by L.L. No. 18-1980; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
If no written application and payment of the testing charge is made as herein provided for within 10 days after a bill is rendered and mailed, the bill must be paid as rendered. Failure to receive a bill for water service and any charges in connection therewith shall not be deemed a sufficient reason for not paying the same within 20 days after the end of each quarter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Charges for water supplied in each quarter year shall be due and payable on the first day of February, May, August and November in each year for the preceding quarter and shall be payable in full without discount or reduction of any kind. There shall be added to any charges remaining unpaid after the 20th day of each February, May, August and November a penalty of 10% of the amount due and unpaid. If such bill is not paid, they will be relevied and added to the tax roll. Water customers outside the Village shall have their water service cut off without notice, and thereafter service will not be restored unless and until all charges and penalties are paid in full and, in addition, a fee of $20 be paid. In the event that the 20th day of the month is a Sunday or legal holiday, the quarterly bill may be paid on the next business day without penalty.
[Amended 8-5-1985 by L.L. No. 9-1985]
Fees and/or charges of the Code of the Village of Manchester shall remain as established until such time as the Board of Trustees of the Village of Manchester shall, by resolution from time to time, change such fees and/or charges.
A. 
The Village of Manchester reserves the right to refuse to supply water service to any applicant or consumer unless such service is to be furnished to a permanent residence or dwelling, including trailers erected on a permanent foundation and with toilet facilities connected with a septic tank and drainage facilities approved by the Board of Trustees or Health Officer of the Village of Manchester.
B. 
The Board of Trustees reserves the right to make a flat charge of $5 to be added to the regular quarterly bill if a consumer fails, neglects or refuses to provide or arrange for access to the meter during the regular hours of employment of the Village employees for the purpose of reading or inspecting the same after written notice to the consumer, addressed to the premises in question, notifying the consumer of the date and time when said meter will be read or inspected.
[Added 1-18-1982 by L.L. No. 2-1982]
A. 
No pipe or fixtures connected with the mains of the Village shall also be connected with pipes or fixtures supplied with water from any other sources unless specifically approved by the Department of Health of the State of New York.
B. 
A potable water supply system shall be designed, installed and maintained in such manner as to prevent contamination from nonpotable liquids, solids or gasses from being introduced into the potable water supply through cross-connections or any other piping connections to the system.
C. 
Cross-connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable safety are prohibited, except when and where, as approved by the authority having jurisdiction, suitable protective devices, such as the reduced-pressure-zone backflow preventer or an equal, are installed, tested and maintained to insure proper operation on a continuing basis.
D. 
Interconnection between two or more public water supplies shall be permitted only with the approval of the health authority having jurisdiction.
E. 
Cross-connections between an individual water supply and a potable public supply shall not be made unless specifically approved by the health authority having jurisdiction.
F. 
Potable water connections to boilers shall be made through an air gap or provided with an approved backflow preventer. A backflow preventer is a device to prevent backflow. Backflow is the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable supply of water from any source or sources other than its intended source.
G. 
Connection to the potable water supply system for the following is prohibited in the absence of protection against backflow and backsiphonage:
(1) 
Bidets.
(2) 
Operating, dissection, embalming and mortuary tables or similar equipment. In such installation, the hose used for the water supply shall terminate at least 12 inches away from every point of the table or attachments.
(3) 
Pumps for nonpotable water, chemicals or other substances. Priming connections may be made only through an air gap.
(4) 
Building drainage, sewer or vent systems.
(5) 
Any other fixture of similar hazard.
H. 
A potable water system shall be protected against backflow and back siphonage by providing and maintaining at each outlet either:
(1) 
An airgap between the potable water outlet and the flood level rim of the fixture it supplies or between the outlet and any other source of contamination; or
(2) 
A backflow preventer, a device or means to prevent backflow or backsiphonage, the latter being backflow resulting from negative pressures in the distributing pipes of a potable water supply.
I. 
Except for a potable water provided for a refrigerator condenser or cooling jacket is entirely outside the piping or tank containing a toxic refrigerant, the inlet connection shall be provided with an approved check valve, which is a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow. Also adjacent to and at the outlet side of the check valve, an approved pressure-relief valve set to relieve at five pounds per square inch above the maximum water pressure at the point of installation shall be provided if the refrigeration units contain more than 20 pounds of refrigerants. In addition to the foregoing, vacuum breakers and reduced-pressure-principle backflow preventers shall be installed where necessary.
[Added 1-18-1982 by L.L. No. 2-1982]
A. 
The Village will supply the meters, together with the necessary valves, at the expense of the builder for each property according to the rate schedule. A separate meter must be installed for each residential unit, including separate dwelling units in mobile home parks and multiple dwellings.
B. 
There will be an initial meter charge which will consist of the price of the meter, the reader and accessories. All meters shall remain the property of the property owner and shall be kept in working order at the expense of the property owner.
[Adopted 11-18-1980 by L.L. No. 19-1980 (Ch. 96, Art. II, of the 1980 Code)]
The following definitions shall apply to the provisions of this article:
WATER EMERGENCY
Any unusual situation resulting from natural or unnatural causes which causes a shortage or the imminent danger of a shortage in the water supply or water reserves of the municipal or public water supply system so as to endanger the health, safety or resources of the residents of this municipality by reason of the lack of water supply or water pressure for fire emergencies, for cooking and for basic sanitary purposes.
When, in the judgment of the Board of Trustees, after consulting with the appropriate governing board or officials of a municipal or public water supply system, a water emergency as defined herein is determined to exist, said Board of Trustees shall forthwith proclaim in writing the existence of such a water emergency.
After the declaration of a water emergency by the Board of Trustees, the Board of Trustees may order the cessation of use of water from the municipal or public water supply system except for cooking, for necessary sanitary purposes and for fire or other emergencies for which water is needed. Pursuant to such declaration, the Board of Trustees may order the cessation of the use of the municipal or public water supply for the washing of cars, the watering of lawns, the filling of swimming pools and for all other purposes which are deemed to be nonessential and not necessary for the public health, safety and welfare. In the alternative, the Board of Trustees may adopt regulations which will promote conservation of water by limiting the nonessential use of the municipal or public water supply at certain hours and on certain days, according to schedules to be established by the Board of Trustees.
The Board of Trustees is hereby empowered to issue and enforce such other orders and regulations as may be necessary to implement and carry out the purposes of this article and to protect the health, safety and resources of the residents of this municipality.
All regulations and orders authorized by this article and adopted pursuant to this article by the Board of Trustees shall be promulgated by posting copies of such orders and regulations on the official bulletin board of the Village of Manchester and in such other public places as the Board of Trustees may deem appropriate and by publishing a copy of such orders and regulations once each week in an official newspaper of the Village during the existence of such water emergency situations.
Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Manchester.