[HISTORY: Adopted by the City of Rochester as indicated in
article histories. Amendments noted where applicable.]
[Adopted 6-6-1995 as
Ch. 17 of the 1995 Code; amended in its entirety 3-7-2023]
The following rules and regulations, and such regulations as
may be hereafter established by the Rochester Department of Public
Works, shall be considered a part of the contract with every customer
who uses water supplied by the Rochester Department of Public Works
and such customer by taking water shall be considered as expressing
their assent to be bound thereby.
As used in this article, the following words and terms shall
have the meaning set forth below:
An unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water
to a tank, plumbing fixture, or other device and the flood level rim
of the receptacle. Physically defined as a distance equal to twice
the diameter of the supply side pipe but never less than one inch.
The American Water Works Association (AWWA) is an international,
nonprofit, scientific and educational society dedicated to providing
total water solutions assuring the effective management of water.
Founded in 1881, the AWWA has developed the industry standards that
govern the operations of community tap water providers and is the
largest organization of water supply professionals in the world.
The form signed by the customer to obtain water service at
the premises and/or dwelling unit from the City distribution water
mains which will become the contract between the Department of Public
Works and the customer.
A backflow prevention device that:
Has been manufactured to allow for accurate testing and inspection
so as to allow verification of performance; and,
Has been tested and certified by the University of Southern
California, Foundation for Cross-Connection Control and Hydraulic
Research; and,
Has a test procedure approved by the New England Water Works
Association; and,;
Has been reviewed and approved by the Department.
A source of water utilized by a public water system for distribution
to the public for consumption purposes and which is approved by the
New Hampshire Department of Environmental Services, Water Division,
for said use following a required and/or approved treatment process.
A device which prevents backsiphonage by creating an atmospheric
vent when there is either a negative pressure or sub-atmospheric pressure
in a water system.
Any water supply on, or available to, a premises other than
the City's approved public potable water supply.
Pressure created by mechanical means or other means causing
water, liquids, or other substances to flow or move in a direction
opposite of what is intended.
The flow of water or other liquids, mixtures, or substances
into the distribution pipes of a potable water supply from any source
or sources other than the intended source.
An aboveground structure used to shelter, isolate, and protect
a backflow prevention device from the environment for those connections
and devices installed to protect against a high degree of hazard.
A device having two independently operating check valves
separated by an intermediate chamber with a means for automatically
venting it to the atmosphere. The check valves are force loaded to
a normally closed position and the venting means is force loaded to
abnormally open position.
A device or means designed to prevent backflow or backsiphonage[1]. Most commonly categorized as including air gap, reduced
pressure principle device, double check valve assembly, pressure vacuum
breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential
dual check, double check with intermediate atmospheric vent, and barometric
loop.
A person who has proven their competency to inspect and test
backflow prevention devices by the possession of a valid backflow
prevention device certification issued by the New England Water Works
Association or other equivalent certification approved by New Hampshire
Department of Environmental Services.
The flow of water or other liquids, mixtures, or substances
into the distribution pipes of a potable water system from any source
other than its intended source, that is caused by negative or reduced
pressure in the potable water system.
A section of pipe rising at least 35 feet at its topmost
point above the highest fixture it supplies. It is utilized in water
supply systems to protect against backsiphonage (only).
The Business Office of the City of Rochester, New Hampshire,
as represented by its Finance Director, or duly authorized employee.
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.
The City of Rochester, New Hampshire.
A condex is a condominium, where two different individuals
own each side and have shared rights to common areas.
A public water system that buys or otherwise receives some
or all of its finished water from one or more wholesale systems. Delivery
may be through a direct connection or through the distribution system
of one or more consecutive systems.
The method and philosophy of backflow prevention which requires
a backflow preventer at the service entrance which isolates the customer's
facility from the public water supply.
As defined in RSA 485:1-a, II, any physical, chemical, biological
or radiological substance or matter in water.
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 an unapproved water or other substance to a
potable water system.
The shutoff valve located on the water service line that
operates the connection of the water service from the water main to
the premises. Curb stops are accessible for operation from outdoors
and generally located near the municipal-private property line or
right of way. Curb stops are considered by the Department to be the
point of sanitary control between the premises and the Public Water
System.
The owner or duly authorized representative of the owner
who made an application for a water service for a premises and/or
dwelling unit described in the application, or the subdivision supplied
with water service by the City of Rochester. This includes any private
person, commercial business, corporation, industry or governmental
division.
For the purposes of cross-connection compliance, any owner
or person with legal right to operate or reside in a premises at which
a cross-connection inspection is to be made or at which a cross-connection
is present.
The Department of Public Works ("Department") of the City
of Rochester, New Hampshire, as represented by its Commissioner of
Public Works or duly authorized employee or agents, including the
Water Division.
A backflow prevention device primarily utilized in fire line
installations. Its purpose is to protect the potable water supply
line from possible contamination, back pressure or pollution from
the fire system. It may also detect any water use in the fire line
due to fire line leakage or deliberate water theft.
The replacement of an existing backflow prevention device
with another appropriate device designed for a higher-hazard duty
when the degree of hazard is increased.
Water mains which are installed or presently located on roadway
layouts, rights-of-way, or easements which provide the water for fire
protection or domestic water services, including the individual shutoff.
Division of Water, New Hampshire Department of Environmental
Services.
A potable water which is suitable for uses, including but
not limited to, drinking, gardening and other household uses, municipal
uses and farmstead uses, including water used in the washing or hydrocooling
of farm products destined for human consumption on the farm, for sale
on the fresh food market or for delivery to a processing plant for
canning, freezing or other type of preparation prior to marketing.
An assembly of two independently operating spring-loaded
check valves with tightly closing shutoff valves on each side of the
check valves, plus properly located test cocks for the testing of
each check valve.
A duplex is a two-family dwelling owned by one person typically
having two separate entrances.
A building including a single-family home unit, cottage,
mobile home, apartment, condominium or townhouse or other structure
containing one or more residential units located on a premises served
by public water. This definition applies to multiple dwelling units
and mixed-use residential units that may exist in larger structures.
A professional fire protection engineer registered in the
state of New Hampshire.
A water service pipe that is used to convey public water
to be used for firefighting and/or fire suppression.
An isolation approach whereby protective devices are placed
at individual fixtures within a facility as well as where cross-connections
exist at the last free-flowing outlet to ensure occupants of a facility
are protected within.
The right to conduct business as a utility pursuant to RSA
374:22 and RSA 374:26.
A condition where, if a backflow were to occur, the resulting
effect on the water supply could cause injury, illness or death if
consumed by humans. The foreign substance may be hazardous to humans
from a chemical, biological, physical, or radiological standpoint.
The effects of the contaminant may result from short-term or long-term
exposure.
A device which is attached to a hose bibb, and which acts
as an atmospheric vacuum breaker.
A condition where, if a backflow were to occur, the resulting
effect on the water supply would be a change in aesthetic qualities.
The foreign substance must be nontoxic and nonhazardous to humans.
A meter device used for billing purposes to measure consumption
of water serving more than one structure or a group of structures.
See the definition of vault below.
A building or portion thereof containing three or more residential units with separate cooking and toilet facilities for each dwelling on one individual lot. See City of Rochester Zoning Code § 275-2.2.
The National Fire Protection Association is a nonprofit organization
that establishes codes and standards designed to minimize the risk
and effects of fire by establishing criteria for building, processing,
design, service, and installations.
The New England Water Works Association (NEWWA) is a nonprofit
member organization incorporated in Massachusetts serving drinking
water professionals throughout New England dedicated to serving those
professionals working in the water in drinking water profession. Founded
in 1882, NEWWA is an affiliated organization of the New England Water
Works Association, Inc. and New England Section of the American Water
Works Association (AWWA).
A physical building unit that receives public water in which
occupants are present to receive such public water but not for dwelling
or residential purposes. Such structures typically include commercial,
industrial, institutional, or mixed purposes and may have multiple
spaces for mixed purposes (nonresidential).
A person who holds legal title or rights to real property
or a premises.
A document issued by the Department that authorizes a use
or action impacting the water distribution system; including, but
not limited to, the use of backflow prevention devices, cross-connections,
service connections and/or water use exemptions.
As defined in RSA 485:I-a, XIII, any individual, partnership,
company, public or private corporation, political subdivision or agency
of the state, department, agency or instrumentality of the United
States, or any other legal entity.
Post indicator valves (PIV) provide a means to operate a
buried or otherwise inaccessible nonrising stem (NRS) gate valve including
NRS gate valve; NRS gate valve with post flange; outside stem and
voke (OS&Y) gate valves; vertical post indicator; wall post indicator;
supervisory switches and flange packs.
Water meant for human consumption from a source that has
been approved by the New Hampshire Department of Environmental Services.
All municipal water is produced and conveyed to premises as potable
water.
A parcel of real estate or portion of land which may include
multiple parcels located within the City, including any improvements
or structures therein (including dwelling unit structures, nondwelling
unit structures and/or other improvements), which is determined by
the City to be a single user for the purposes of receiving, using
and paying for water from a water service connected to the public
water supply.
A device containing one or two independently operating spring-loaded
check valves and an independently operating spring-loaded air inlet
valve located on the discharge side of the check or checks. The device
includes tightly closing shutoff valves on each side of the check
valves plus properly located test cocks for the testing of each of
the check valve(s).
A water piping system and appurtenances such as hydrants
and valves that may convey public water but is owned and maintained
by a private entity and is on the customer's side of the point
of sanitary control, commonly delineated by the curb stop or other
control device.
Any fire hydrant located outside the public right-of-way
and/or located on property not owned by the City, but which is connected
to the public water system and installed and maintained by an owner(s)
for the purpose of providing private fire protection/suppression.
A water main that is not owned or maintained by the City
but that conveys public water to customers through private service
lines and is owned and maintained by a private entity.
The portion of the water service line providing domestic
and, in some cases, both domestic and fire water service to the customer
running either from: (a) the connection to the public service line
at the curb stop on public ways to the termination with the plumbing
system within the premises; or (b) from the connection to the public
water main on private ways or through private property which is the
responsibility of the customer to maintain.
A registered professional engineer in the state of New Hampshire.
Such an engineer shall have professional competency in civil or mechanical
specialties as they pertain to this chapter.
Potable water or water provided for public fire protection
supplied by the City's public water system and made available
to its customers through the City's distribution system, the
distribution system of any City franchises, private distribution systems,
community water systems, or other source of potable water produced
by any consecutive public water systems under the City's drinking
water regulatory responsibility.
The water main owned or maintained by the City, any of its
franchises or consecutive water systems, under its regulatory responsibility
that qualifies as part of the public water system. The water main
must supply water to one or more customers for water consumption and/or
public fire protection. A public water main includes a water main
installed in a public way, publicly owned easements (whether recorded
or by prescription), installed in private ways open to public travel,
or mains that may cross private properties.
The portion of the water service line providing domestic
and, in some cases, both domestic and fire water service to the premises
running from the connection at the City distribution main to and including
the curb stop on public ways or to and including a curb stop or other
containment valve for a private water service connection on private
ways or private property, which is the responsibility of the City
to maintain.
As defined by RSA 485:1-a, XV, a system for the provision
to the public of piped water for human consumption, if such system
has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year.
Such term includes any collection, treatment, storage, and distribution
facilities under control of the operator of such system and used primarily
in connection with such system, and any collection or pretreatment
storage facilities not under such control which are used primarily
in connection with such system. Any water system which meets all of
the following conditions is not a public water system:
A device installed by the Department of Public Works for
remote reading of the quantity of water consumed and measured by the
water meter.
An assembly consisting of two independently operating approved
check valves together with a hydraulically operating, mechanically
independent pressure differential relief valve located between the
two check valves and below the first check valve. These units are
located between two tightly closing, resilient-seated shutoff valves
as an assembly and equipped with properly located resilient-seated
test cocks for the testing of the check valves and the relief valve.
Expenditures for obtaining and installing equipment, accessories,
or appurtenances which are necessary during the operational life of
the treatment works to maintain the capacity and performance for which
such works were designed and constructed. The term "operation and
maintenance" includes replacement costs.
A device, designed for backpressure and back-siphonage protection
for residential dwellings only, which incorporates two independently
operating, spring-loaded check valves without tightly closing shutoff
valves and test cocks, generally employed immediately downstream of
the water meter to act as a containment device. This is a nontestable
device which meets or exceeds the ANSI/ASSE Standard 1024 for dual
check valve-type backflow preventers.
A gate or valve located on a water main, or water service
line used to isolate flows to and from a device such as a meter, backflow
device, fire protection or structure. Service or shut off valves may
be located on service lines to premises located on private property
and must be accessible for access and operation by the Department.
A device installed and owned by the Department of Public
Works for the measurement of water that will not be disposed of in
the City sewer system.
A detached dwelling which contains exactly one residential unit (except for accessory apartments, where permitted); is not attached to any other dwelling or residential unit; and occupies its own individual lot on which there is no other dwelling or principal use. See City of Rochester Zoning Code § 275-2.2.
Initial site surveys of existing commercial and industrial
properties are required to determine degree of compliance with the
regulations herein. Such activities shall be executed by the Department
either using its own resources or contracted resources. Activities
shall include on-site surveys of commercial and industrial users of
the public water supply which in the judgment of the Department may
present risk of cross contamination.
A privately owned and read water meter used for measuring
water consumption for dwelling units connected after a meter pit or
public meter.
Any person who controls, owns, or generally manages a public
water supply system.
Any unauthorized action which disables, disconnects, bypasses,
or otherwise inhibits or prevents the water meter from operating or
registering, to affect, in any way, the ability of such meter to accurately
measure the water being supplied to a customer. Tampering shall also
mean to affect any unauthorized use or modification to City water
infrastructure.
A building which contains exactly two residential units; is not attached to any other dwelling or dwelling unit; and occupies its own individual lot on which there is no other dwelling or principal use. -See City of Rochester Zoning Code § 275-2.2.
The Utility Advisory Board of the City of Rochester, New
Hampshire.
An underground, water-proofed chamber or structure used to
house or protect meters, backflow devices, valves, and or pumps connected
to a public or private water system. This definition shall apply to
and include the term meter pits which are structures defined above
to protect, control, and access the meter device.
The water main shall mean the piping and associated valves,
hydrants, and appurtenances for the purpose of supplying water to
one or more customers or premises for potable water consumption or
for public fire protection.
A device installed by the Department of Public Works for
the measurement of water quantities to be used as a basis for determining
charges for water services.
The water pipe extending from City distribution water main
from the City, a franchise or consecutive system to the building or
structure located on the customer's premises. Such water service
is further delineated by a public water service and a private water
service.
The point in the customer's water system beyond the
sanitary control of the Department; generally considered to be the
outlet end of the water meter and always before any unprotected branch.
A situation when the City's water supply is in jeopardy
as evidenced by a state or federal government agency declaring a drought
in the area or the water system being unable to, or within 60 days
of such written determination becomes unable to, supply the full commercial,
domestic, and residential needs of the users of the City's water
system, including needs for adequate fire protection. A water supply
shortage usually occurs due to drought or a major infrastructure failure.
The Water System Superintendent of the City of Rochester, New Hampshire, Water System Treatment Facility, Department of Public Works, or their designated representative, who is vested with the authority and responsibility for implementation of a cross-connection control program and for enforcement of the provisions of Article I of this chapter and these regulations.
The suppliers of water.
[1]
As defined by Env-Dw 103.06 and consistent with Env-Dw 505.03.
A.Â
In its administration of its drinking water program, the City will
implement the best practices of the American Water Works Association
(AWWA), other drinking water trade organizations, and the standards
of the State of New Hampshire and U.S. Environmental Protection Agency
to the fullest extent.
B.Â
To the largest extent possible, the City of Rochester intends to have a fully metered system with outside and/or remote readers; all residential, commercial, institutional and industrial customers shall be metered on a per-premises basis, unless it is determined by the Department not practical to do so or unless otherwise required by RSA 205-A:6. In general, the City requires a single water meter for a premises with one structure served by a single service pipe and requires a master meter on a single service line that serves a premises with multiple dwellings and/or nondwelling structures. In general, a separate service and water meter shall be required for each premises of different ownership which abuts a public way. See § 260-4I for requirements for services and meters for premises on private ways or drives. The City shall determine the water service pipe connections for duplexes, condexes, and/or condominiums. However, there shall be no separate services for vertical condominiums, that is, condominiums substantially within the same footprint.
C.Â
All school buildings, non-City community facilities, hospitals, etc.,
shall be considered separate services, metered and billed as commercial
customers.
E.Â
In agreement with any like provision in Chapter 200, Sewers, an elderly exemption, based on existing property tax requirements for such exemptions, shall be instituted.
F.Â
For all customers that are not presently metered, the installation
of a water meter shall be required, unless determined by the Department
as not practical to do so. The customer shall pay any costs associated
with such initial installation of the water meter, including all necessary
fittings and appurtenances thereto.
G.Â
In the event of a meter or reader failure or when in the opinion
of the Department a flat rate billing is necessary, the owner or customer
shall be billed for the sum of each dwelling unit even if the property
has only one service [(e.g., the owner of a ten-unit apartment building
shall be billed the residential flat rate times ten (10)].
A.Â
All applications for water service or expansions or fire sprinklers
shall be made at the Department of Public Works office, or via an
application form, at the City's website, stating fully and truly
the uses to which the water is to be applied. The customer or their
duly authorized representative shall sign such application. The Department
shall have final authority and approval for all water service and
infrastructure connections.
B.Â
An estimate of the cost of work to install the service will be prepared
by the applicant and reviewed by the Department of Public Works. Any
costs incurred by the applicant prior to submission of the application
or in preparation of the application shall be borne solely by the
applicant.
C.Â
A deposit equal to the estimated cost or a payment agreement shall
be made by the Applicant with the Department before the work is begun.
This regulation also applies to repairs of service piping, the installation
of new meters, including outside reader, radio read equipment and
appurtenances, or the repair of meters already installed if damaged
due to the negligence of the owner.
D.Â
Installation charges and other fees on all new services shall be paid by the applicant or a payment agreement made with the Department before the water is turned on. This regulation also applies to repairs on service piping, the installation of new meters, including outside reader, radio read equipment and appurtenances, or the repair of meters already installed if damaged due to the negligence of the owner. All financial obligations involved in such transactions shall be adjusted immediately upon the completion of the work in the interests of all parties involved. The Applicant must also pay water development connection fees, if applicable, as set forth in Chapter 260A.
E.Â
The Department may waive the deposit for emergency repair purposes.
F.Â
The City may allow applicants to enter into agreements with the City
to pay all costs in equal installments over a period of time. Interest
shall accrue on late payments at the same rate charged by the City
for overdue property tax bills. Such agreements shall be recorded
with the Strafford County Register of Deeds at the expense of the
applicant. In the event property is conveyed, all monies owed to the
City shall be remitted in full.
G.Â
Applications for service shall be furnished with existing and projected
water flow and pressure requirements data. Such data shall be furnished
for all domestic and fire needs as applicable. Applicants are responsible
for any field verifications such as flow and pressure tests. Such
tests shall be under the direction of a registered professional engineer
and/or a registered professional fire protection engineer. Department
of Public Works forces may be available to assist in such investigations
by operating City infrastructure under the direction of a professional
engineer and/or fire protection engineer, however, the applicant's
registered professional shall be responsible for the gathering, preparation,
interpretation, or presentation of any data.
H.Â
A fire protection engineer may be required to design fire suppression
systems, per the most current best practices of the National Fire
Protection Association. Supporting plans and calculations shall be
submitted to the Rochester Fire Department and the Department of Public
Works.
I.Â
Premises with multiple dwelling structures and/or non-dwelling structures
of differing ownership which are located on private roads or private
drives shall receive public water via a singular, shared private service.
All piping and infrastructure on the owner's customer's
side of the curb stop shall be the responsibility of the owner(s)/customer(s).
In certain cases, the Department may approve the installation of multiple
individual water meters in lieu of a master meter in a singular vault
or backflow enclosure.
The minimum size of service connections and meter installation
permitted shall conform to the recommendations of the American Water
Works Association.
A.Â
All new water services may only be installed by the Department of
Public Works, or by an owner's agent or contractor approved by
the Department. All new water services shall be installed per the
specifications of Department. There shall be established a singular,
private water service and account for each premises for which public
water is supplied. Exceptions are subject to the approval of the Department.
All piping, vaults or meter pits, enclosures, valves, backflow prevention
devices and individual services lines in sum from the curb stop to
customer's plumbing shall be considered a private water service,
the maintenance and operation of which are the responsibility of the
customer.
B.Â
Premises with structures such as dwelling unit structures and/or
nondwelling unit structures:
(1)Â
Shall have the curb stop or other approved containment valve in a
location as determined by the Department. A vault or meter pit may
be required by the Department. If required, such vault or meter pit
shall be generally located on the customer's property in the
immediate vicinity of the property line closest to the curb stop or
other approved containment valve in a location approved by the Department.
Such vault or meter pit shall contain the meter, shutoff valve and
if determined by the Department, a backflow prevention device whereupon
the type of backflow prevention device may require a backflow enclosure
in lieu of a vault. Per law, such high-hazard devices cannot be installed
below ground level. Meter reading equipment shall be immediately adjacent
to such vault or meter pit or enclosure. Vaults or meter pits and
enclosures and their contents shall be subject to the specifications
of the Department. Cost of vaults or meter pits, enclosures and any
contents are the responsibility of the customer. Vaults or meter pits
and enclosures shall be maintained by the customer in adequate operating
condition to protect contents and their operation and shall be free
of standing water. Depending upon facility use, water needs and application
of metering, and as determined by the City, City meters may be required
internally. Costs to provide and maintain non-City submeters if desired
by a customer are at the customer's cost. Each structure on each
premises which receives public water shall have an individual, exterior,
accessible service with an approved shutoff valve which may be operated
by the City in emergency situations to completely isolate individual
structures or piping systems from the public water supply or otherwise
from other discreet structures or piping systems. In cases where a
dwelling unit structure or non-dwelling unit structure may contain
individual, unique customer accounts or piping systems, the same is
required. This requirement is in addition to local plumbing requirements
for individual, interior isolation valves for individual dwelling,
commercial, industrial, or institutional units within such structures.
C.Â
Premises with one single-family dwelling unit structure and duplexes
or condexes with a water service length less than 150 feet:
(1)Â
Shall have the curb stop in a location determined by the Department.
A residential dual check backflow prevention device and meter shall
be installed within the dwelling unit in accordance with the Plumbing
Code. In cases where there is or may be a potential backflow of high
degree of hazard, a testable backflow device for such high hazard
applications shall be installed in the dwelling unit. The separate
living quarters of duplexes and condexes shall generally be serviced
and metered separately. Exceptions will be considered at the Department's
discretion.
D.Â
Premises with one single-family dwelling unit structure and duplexes
or condexes with a water service length greater than 150 feet:
(1)Â
Shall have the curb stop in a location determined by the Department.
An approved vault or meter pit which shall contain the meter, shutoff
valve and required residential dual check backflow prevention device
shall be generally located on the customer's property in the
immediate vicinity of the property line closest to the curb stop in
a location approved by the Department. In cases where there is or
may be a potential backflow of low degree of hazard, a testable backflow
device for such low-hazard applications shall be installed in the
vault. In cases where there is or may be a potential backflow of high
degree of hazard, a testable backflow device for such high hazard
applications shall be installed in the dwelling unit. Meter reading
equipment shall be immediately adjacent to such vault. Vaults or meter
pits and their contents shall be subject to the specifications of
the Department. Cost of vaults and any contents is the responsibility
of the customer. Vaults or meter pits shall be maintained by the customer
in adequate operating condition to protect contents and their operation
and shall be free of standing water. If approved by the Department,
such vaults or meter pits may be designed to service multiple single-family
dwellings with water service lengths greater than 150 feet. The separate
living quarters of duplexes and condexes shall generally be serviced
and metered separately. Exceptions will be considered at the Department's
discretion.
E.Â
Premises with multiple manufactured homes:
(1)Â
Shall have the curb stop in a location as determined by the Department.
A vault or meter pit may be required by the Department. If required,
such vault or meter pit shall be generally located on the customer's
property in the immediate vicinity of the property line closest to
the curb stop in a location approved by the Department. Such vault
or meter pit shall contain the meter, shutoff valve and if determined
by the Department, a backflow prevention device whereupon the type
of backflow prevention device may require a backflow enclosure in
lieu of a vault. Meter reading equipment shall be immediately adjacent
to such vault or meter pit or enclosure. Vaults and enclosures and
their contents shall be subject to the specifications of the Department.
Cost of vaults or meter pits, enclosures and any contents are the
responsibility of the customer. Vaults or meter pits and enclosures
shall be maintained by the customer in adequate operating condition
to protect contents and their operation and shall be free of standing
water. Only those manufactured homes complying with the requirements
of RSA 205-A:6 shall be read separately by the City, and costs to
install, maintain, and upgrade such submeters shall be borne by the
customer. All others will be read at the master meter in the vault
or meter pit.
F.Â
Fire water services requirements:
(1)Â
In general, fire water services shall be services from the water
main to the premises which are separate from private water services
from the water main. In some cases, such as long service runs, vaulted
or meter pit services and a singular private water service may supply
both domestic and fire water, at the discretion of the Department.
In such cases domestic water and fire water shall be separated on
premises by individual, exterior service/shutoff valves. The best
practices of AWWA and NFPA shall be implemented to ensure simultaneous
drinking water quality and fire protection supply. A testable backflow
prevention device is required for fire suppression systems. Detector
assemblies and/or post indicator valves may be required on fire water
services.
G.Â
Exceptions:
(1)Â
Requirements in Subsections A through G provide a consistent, uniform approach to establish water service with best management practices. It is recognized that modifications of or exceptions to the above requirements may be considered by the Department in unique circumstances. Such considerations and determinations are solely the right of the Department.
H.Â
The Department of Public Works or its agent will make necessary repairs
to public water service lines. The cost incurred for the repair and
maintenance of private water service lines, including leaking service
lines, shall be the responsibility of the owner or customer, except
that the owner or customer shall not be responsible for the cost of
the sidewalk or roadway excavation and repair.
I.Â
If new services are installed by an owner, its agent, developer or
contractor, the Department of Public Works must approve all materials,
inspect the installation, provide and install the meter (including
necessary fittings and appurtenances thereto), perform the installation
of the remote meter reader, install all wiring, and perform testing
and sealing of meters. All charges incurred by the Department during
this work are the responsibility of the owner, its agent, developer,
or contractor. The installation cost for new service lines, to include
all components including public and private services as defined, shall
be borne by the owner or customer.
J.Â
If an installation performed by an owner/customer, their agent, developer,
or contractor is found to be incorrect it shall be the owner's/customer's
responsibility to have it corrected.
K.Â
Annually, before any contractor shall install, tie-into or repair any portion of a water system within the City, such contractor shall obtain a license from the Department of Public Works authorizing such contractor to perform installations of or repairs to such water system. Licenses shall be valid from January 1 through December 31 for any given year. The Department of Public Works shall issue such license only to qualified contractors which demonstrate the ability to perform water installations and repairs in a workmanlike manner, consistent with the standards maintained by the Department of Public Works and possessing proper equipment. All applicants shall be required to submit evidence of general liability insurance. Developers and companies which are not qualified contractors shall not be eligible to obtain licensing. The City Manager shall establish an annual fee for such water installation and repair license that shall be listed in § 260-34, Water Rate and Fee Schedule.
L.Â
Any contractor or company installing, tying-into or repairing any
portion of the public water system shall receive written authorization
from the Department of Public Works and if determined by the Department,
provide a performance bond or escrow account in the name of the City
for the total 100% of the estimated cost of the work.
M.Â
The Department may revoke the license of any contractor which has
performed work below the Department's standards. Time period
of revocation is solely at the discretion of the Department and may
be permanent.
N.Â
The Department of Public Works and its agents shall have a perpetual
easement 10 feet on each side of the water service for its entire
length for the installation or repair of the service. This easement
is contiguous along all public and private portions to include exterior
service and isolation valves, and interior isolation valves to multifamily
and commercial, industrial, and institutional structures.
O.Â
The customer shall be charged for all materials and labor associated
with the initial installation or subsequent repairs by the City due
to negligence of the customer. The Department of Public Works shall
use a reasonable standard of care to return private property to its
prior condition; however, it will be the customer's responsibility
to repair and replace any damaged property.
P.Â
When it becomes necessary to thaw a frozen service pipe, if it cannot
be determined whether it is frozen on the public or private portion,
1/2 of the cost thereof shall be paid by the customer. The entire
cost of thawing a frozen service pipe on the private portion of service
shall be the responsibility of the customer.
Q.Â
No new service pipes or extensions of mains will be installed between December 1 and March 31 unless authorized by the Department of Public Works, and customer shall be responsible for any and all extra expenses incurred as a result of the new service or main extension. An additional minimum charge as listed in § 260-34, Water Rate and Fee Schedule, shall be applied to the customer for road maintenance during these winter conditions if service or extension is allowed.
A.Â
No persons except those duly authorized by the Department of Public
Works shall tap any water main or connect any service pipes thereto,
shut off or turn on the water from any main, or tamper with any City
water infrastructure. No person except firefighters shall open any
hydrants, including private hydrants that are not behind the customer's
meter, without the consent of the Department of Public Works. Water
taken out of the system without permission will be calculated by the
Department of Public works and the violator will be required to pay
the same and, in addition, may be subject to a fine for the violation
of above provision.
B.Â
No water service pipes shall be laid in the same trench with gas
pipes, sewer pipes, or any other facility of a public utility nor
within three feet of any open excavation or vault.
C.Â
No cross-connection between the public water system and any non-potable
supply will be permitted. No connection capable of causing backflow
between public water supply and nonpublic water supply shall be permitted.
A.Â
All services are to be metered except in unusual cases where the
Department determines that it is not practicable. Every premises served
by the public water system shall have one customer account consisting
of an individually metered water service and equipped with a separate
curb stop for each meter, and, when applicable, appropriate cross-connection
protection unless otherwise determined by the Department of Public
Works. Submeters for individual dwelling units on the premises may
be operated by the owner but shall not be read by the City for billing,
nor maintained/required by the City unless they comply with RSA 205-A:6.
New services or any meters not currently being read by the City shall
be required to comply with this provision prior to the City taking
responsibility for reading or billing of said meter. A master meter
shall be provided for all new multi-unit dwelling structures or developments
by the developer at the cost of the owner.
B.Â
All meters are owned and maintained by the Department of Public Works,
but the customer will be charged for any damage to meters (including
necessary fittings and appurtenances thereto) caused by abnormal conditions,
e.g., freezing, fire, tampering, etc. The Department of Public Works
will typically install up to a two-inch meter per service, and sewer
deduct meters. The owner of the premises shall be liable for the entire
amount of water used on the premises irrespective of any leases or
presence of submeters for individual consumers. The City shall directly
read, maintain, and repair only those submeters for developments in
compliance with RSA 205-A:6.
C.Â
Meters are installed for measurement of all water supplied to customer.
Customers shall provide a clean, dry, warm, safe, sanitary, and accessible
place (always free from debris) for installation, - maintenance, and
repair of a meter. The location shall be easily accessible by a person
in the upright position for reading, maintaining, and changing.
D.Â
All persons shall avoid unnecessary waste of water. Water shall not
be left running to prevent freezing unless required or authorized
by the Department of Public Works. All customers taking water shall
keep their own fixtures, and service pipes within their property lines,
in good repair, and fully protected from injury by frost, and all
such pipes and connections shall conform to City standards. To encourage
the conservation of water, all water-cooled air conditioning and refrigeration
equipment with a total installed cooling capacity in excess of three
tons shall include a water conserving device that limits the actual
water used for cooling to 10% of the usual amount required for service
to the premises without use of the equipment.
Upon application and approval by the Department of Public Works, a customer may have installed by the City a sewer deduct meter to measure water that will not be disposed of in the City's sewer system. The purpose of this meter is to meter water uses, including, but not limited to, irrigation, in-ground sprinkler systems, swimming pool filling, and commercial air-conditioning systems. Customer shall be responsible for the cost of inspection and installation of the sewer deduct meter. The meter shall fully meet the requirements of § 260-8 of this chapter except that the sewer deduct meter shall not be required to have a separate exterior shutoff valve.
A.Â
All meters shall be maintained and repaired by the Department of
Public Works except when damaged or tampered with by the customer
or by their negligence, including freezing. In case of any such damage,
the cost of repairs to the meter (including necessary fittings and
appurtenances thereto) shall be charged to the owner of the premises.
B.Â
If the reader is out of repair or fails to register, the customer
will be charged at the average daily consumption as shown by the reader
when in order or the flat rate structure, whichever is less. Subsequently,
if the actual amount of water used is determined to be different than
the amount previously estimated, the charge for the difference between
the average daily use and actual use will be included as a charge
on the subsequent billing.
C.Â
If a customer, after being so notified, does not allow timely access
to the Department of Public Works in order to test and/or correct
a faulty meter or reader, the customer's subsequent bill will
be 1.5 times the average daily consumption as historically shown on
the meter.
D.Â
No person, except the duly authorized agent of the Department of
Public Works, shall be allowed to reset, take off, or repair a meter.
Tampering with the meter may result in fines and termination of water
service.
A.Â
Only the Department of Public Works shall replace or remove and test
all meters. No meter shall be placed in service or permitted to remain
in service if the error of registration exceeds 2% or as established
by the latest American Water Works Association (AWWA) meter standards,
whichever is less.
B.Â
The Department of Public Works may test a meter for accuracy in registration upon complaint of the customer. There shall be a minimum service charge for any complaint-driven service call. The minimum service charge shall be as listed in § 260-34, Water Rate and Fee Schedule. Any meter found to be accurate in accordance with this article will not be replaced by the Public Works Department due to a complaint.
C.Â
Should the meter in question be found to be within the accuracy limits set forth in § 260-11A, all applicable fees associated with testing shall be paid by the customer. If the meter in question is found to be inaccurate, all fees will be waived.
D.Â
The percent of error of registration shall be taken as the average
of the error at the intermediate and maximum rates of test flow. Any
determination of charges shall be based on this average error.
Upon completion of adjustment and test of any meter under the
provisions of these rules, the Department of Public Works shall affix
thereto a suitable seal in such a manner that the adjustment of registration
of the meter cannot be tampered with without breaking the seal. Disruption
of the seal will be cause for discontinuance of service.
A.Â
No customer or person shall move, alter, or otherwise tamper with
a meter. No person may move or alter a meter without having first
received the written consent and authorization of the Department of
Public Works. In the event that the Department of Public Works determines
that a customer or person tampered with a meter, such customer or
person shall be subject to the following charges:
(1)Â
A charge in an amount based upon the actual water usage metered to
such meter prior to tampering, if determinable and if not, a best
reasonable estimate.
(2)Â
A charge in an amount equal to twice the billed usage for the premises
serviced by the meter equal to the usage for the same billing period
for the prior year.
(3)Â
A charge for all costs associated with the repair and/or replacement
of such meter.
B.Â
Anything in Subsection A above to the contrary notwithstanding, should a customer as a result of an emergency or other circumstances beyond their control, move or alter a meter, without having received the prior written consent and authorization of the Department of Public Works, such customer may, upon appeal to the Utility Advisory Board in accordance with the provisions of § 260-19 and within its discretion, be relieved of any or all of the charges listed in Subsection A(1) through (4) above, provided that such customer shall have notified the Department of Public Works, in writing, of the movement or alteration in question within three business days of the occurrence of such tampering.
C.Â
Any provisions of this section to the contrary notwithstanding, tampering
may be cause for discontinuance of service to the customer.
D.Â
For the purposes of this section, the term "tampering" shall mean any unauthorized action which disables, disconnects, bypasses, or otherwise inhibits or prevents the water meter from operating or registering, so as to affect, in any way, the ability of such meter to accurately measure the water being supplied to a customer. Such tampering shall include, but shall not be limited to, any breaking or other disruption of the seal affixed to a meter pursuant to the provisions of § 260-12 of this chapter.
All customers shall be required to have an outside reader with
radio read capability for their meter installed at the premises. The
outside reader shall be installed at a place on the premises acceptable
to the City and according to the specifications available at the Department
of Public Works. The customer shall be responsible for repairs or
replacement of damaged outside readers and associated wiring when
damage is due to abuse, neglect and/or negligence of the customer.
The City shall render a bill for labor, equipment, and materials for
all such repairs or replacement. The outside reader and appurtenances
shall be the property of the City. The customer shall be responsible
for providing safe access to City personnel for reading. The customer
shall remove potential hazards and nuisances such as snow, ice, vegetation,
and dogs from the outside reader's access. Reasonable access
shall be granted to Department of Public Works personnel for the purposes
of reading and maintenance. If satisfactory access is not provided
the City reserves the right to produce an estimated bill.
The Department of Public Works employees or its agents shall
be allowed access to the customer's premises between the hours
of 8:00 a.m. and 6:00 p.m. for examination of pipes, fixtures, connections,
the quantity of water used, and the manner of use. In the case of
an emergency, no prior notice needs to be given, and, in the event
of refusal of entry, water may be shut off with a fee assessed and
application can be made to the courts for an appropriate order with
all legal costs being charged to the customer.
Water rates shall be established periodically by the City Council.
Such water rates shall be computed based on the total amount budgeted
for the Department of Public Works for any operations and maintenance
costs, plus any debt service and capital outlays determined by the
City Council, and projections of estimated water consumption, number
of accounts, and/or other such factors. Water rates shall be recommended
to the City Council by the Utility Advisory Board and/or the City
Manager and shall be established to provide sufficient revenue to
at least pay the expenses of operating and maintaining the water treatment
works, transmission and distribution system, and appurtenant facilities.
A.Â
Exemption. The City Council may authorize elderly exemptions for
users qualifying for property tax exemptions in the City, but such
exemptions shall not result in charges lower than those necessary
to recover operation and maintenance costs. Only the portion of the
water rates that recovers the debt service or capital outlays may
be exempted.
B.Â
Implementation of new rates. Before new rates and/or fees are effective,
there shall be two readings before the City Council. In addition,
a public hearing shall be held between the first and the second readings.
The public hearing shall be held at least 10 calendar days before
the rates are effective.
A.Â
Water bills shall be rendered to all customers at least quarterly
and may be rendered more frequently at the discretion of the Business
Office with the approval of the City Manager.
B.Â
Water bills shall be due and payable upon presentation and shall
become delinquent after 30 days after the date of issuance. Interest
shall accrue on bills not paid when due at the same rate charged by
the City for overdue property tax bills. Seasonal customers will not
be eligible for service unless the previous year's bill has been
paid in full.
C.Â
Checks shall be made payable to the City of Rochester and mailed
to the Tax Collector's office or paid online. When bills are
overdue, the customer will be sent a notice. Bills not paid when due
become a lien on the property by New Hampshire statute.
D.Â
The failure of a customer to receive water bills does not relieve
the customer of the responsibility of making prompt payment.
E.Â
The Department of Public Works in supplying water, doing work, or furnishing material shall interact only with the customer or their duly authorized representative. Said customer shall keep the Department advised of the address to which bills, notices, and communications may be forwarded. Although the payment for service rate may be assumed by an agent or tenant, the customer of the premises shall be held personally responsible for the same. A change in ownership shall not relieve the premises from payment of back bills. In case of forfeiture, the water may be shut off and will not be turned on again until all unpaid charges have been settled in full. A water shutoff notice will be delivered to the customer prior to shutoff (see § 260-20).
Users aggrieved of bills rendered under this article have the
following rights of appeal:
A.Â
Notification. The aggrieved customer shall notify the Business Office
in writing that said bill is contested before the next bill for water
service is issued. The notification shall explain why the bill is
contested and provide the information necessary to determine the validity
of the claim. The Finance Director may require the use of forms to
expedite the appeals process.
B.Â
Resolution. Upon receipt of a notification under Subsection A, the Finance Director shall submit the claim to the Utility Advisory Board with a recommendation on the validity of the claim. The decision of the Utility Advisory Board shall be final, except that the City Manager shall have the authority to veto or modify any action of the Utility Advisory Board. Aggrieved parties shall be allowed only one appeal per claim.
C.Â
Disposition of appeals. For appeals found to be valid, the date of the billing will be revised to the date of the Utility Advisory Board's decision. Revised charges will become due and payable as specified in § 260-18. For appeals not found to be valid, the date of the billing will be as originally issued, and charges and interest will be as computed as specified in § 260-18.
A.Â
An agreement between the City Finance Director and the customer may
be signed on a form provided by the Department or online at the City's
website if the customer is unable to satisfy their water bill in full
at the due date. A water shutoff notice and agreement procedure shall
be established by the Finance Director and approved by the City Manager.
B.Â
Bills unpaid more than 30 days after the due date shall constitute cause for termination of water service or shutoff. If on the day of the shutoff the customer pays the outstanding water bill after City personnel arrive at the customer's service to execute the shutoff, the customer will be assessed a minimum service charge. This charge is as listed in § 260-34, Water Rate and Fee Schedule.
Charges for labor and material, including installation costs,
shall be billed upon completion of the work which the bill covers.
If such bills are not paid within 30 days or a payment agreement made
with the Department, the water will be shut off and unpaid charges
will become a lien on the property. All late payments will include
interest charges. Collection procedures will be taken, and any costs
will be charged to the customer.
Forty-eight hours' advance notice is normally required
for turning on and shutting off water for work performed by the Department
of Public Works, except in the case of emergency, consistent with
Env-Dw 503.9. The requested service will be provided as soon as possible
thereafter except in cases of termination for nonpayment. Fourteen
days advanced notice will be provided to the customer for termination
of service for unpaid charges. All expenses involved for the shut-off
at either a customer's request or for nonpayment will be the
responsibility of the customer. Overtime charges at the rate of time
and 1/2 will be charged before or after duty hours, with a minimum
of a three-hour charge.
The Department of Public Works does not use its equipment to
fill private swimming pools. Private companies shall obtain written
authority from the Department of Public Works to use water from the
water system. Customers desiring an abatement of sewer charges while
filling their pools must contact the Department for instructions prior
to filling the pool. There will be no abatement if the Department
has not been contacted.
Any construction, irrigation, swimming pool, or other bulk water
hauler shall contact the Department to arrange access to designated
City bulk water station(s) where metering and backflow prevention
can be ensured. Any such hauler's use of hydrants or any other
water source other than the designated station(s) shall constitute
a tampering violation and hauler shall be responsible to compensate
the City for all water released and all applicable fines. The Department
will estimate such quantities for charges.
On sale or transfer of property, the customer must give notification
to the Business Office of such sale or transfer in order that a final
meter reading can be taken, and proper charges made to the proper
owner. A minimum of 24 hours' notice is required. If an existing
apartment building or other multiunit dwelling unit or premises is
converted to a condominium, the owner shall provide written notification
to the Department. The new owner shall complete a water service application
and be responsible for any fees or charges from the Department of
Public Works and any private plumber necessary to provide a separate
service and meter.
A.Â
Should any Customer violate any regulations established by the Department
or fail to pay rates or other charges when due, their supply may be
shut off, or terminated, and it shall not be resumed until causes
of a complaint or noncompliance are removed and/or all charges paid.
B.Â
Any violation of the rules and regulations hereby established or
failure on the part of any customer receiving water to promptly pay
any and all charges due to the Department shall be considered sufficient
cause for termination of water service of such customer and such service
shall not be turned on again until all such breach shall have been
removed, including any additional work or costs incurred for the turning
on of the water.
C.Â
Where two or more customers take water through one service pipe,
the provision in regards to termination of service or supply shall
be applicable to all such customers although one or more of them may
be innocent of any cause of offense.
The Department of Public Works reserves the right to shut off
the service temporarily whenever it becomes necessary to make extensions,
alterations, or repairs, or to curtail the use of water whenever conditions
so require without prior notice. The Department of Public Works will
make best efforts to provide advanced notice to customers when practicable.
A.Â
The Department of Public Works will not be responsible for any damage
caused by shutoffs in the mains or service pipes, because of shortage
of supply, installing or removing meters, repairs, construction, or
for other reasons beyond the control of the Department. Notice of
shutoff will be given when practicable; however, nothing in this rule
shall be construed as requiring the giving of such notice. The Department
of Public Works will not be liable for any damages resulting from
leakage escaping from any part of the owner's system.
B.Â
All customers having direct pressure hot water tanks or appliances
should place proper automatic vacuum and relief valves in the pipe
system to prevent any damage to such tanks or appliances should it
become necessary to shut off water on the street mains or service
pipe. Service will be provided to such direct pressure installations
only at the customer's risk and in no case will the Department
of Public Works be liable for any damage occasioned thereby.
A.Â
Purpose. The purpose of this regulation is to ensure the use of water
is properly regulated whenever an emergency exists by reason of a
shortage of water due to inadequate supply, limited treatment or distribution
capacity, or failure of equipment or material. The City of Rochester
may use reasonable means to protect, preserve, and maintain the public
health, safety, and welfare when a water supply shortage exists.
B.Â
Authority. The City of Rochester adopts these regulations under its
authority to regulate public water systems under RSA 38:26. In accordance
with the provisions of RSA 47:17, XV, whenever an emergency exists
by reason of a shortage of water due to inadequate supply, limited
treatment or distribution capacity or failure of equipment or material,
the City Manager is authorized to restrict or prohibit the use of
water from the City water system.
C.Â
Applicability. The requirements of this section shall apply to all
water users with connections receiving water from the City's
public water system, including any connections with consecutive water
systems.
E.Â
Water emergency declaration. A water emergency declaration may be
issued by the City Manager whenever a supply shortage or other water
emergency occurs.
F.Â
Water use restrictions. Upon declaration of a water emergency, the City Manager shall implement certain water use restrictions necessary to conserve and maintain adequate reserves of the public water supply. Provided there is a declaration as noted above, the following levels of restriction will apply immediately after the public notification period specified in Subsection H:
(1)Â
If a Level 1 water use restriction is issued, then customers are
encouraged to refrain from outside water use such as landscape watering
and to limit the amount of water used outdoors for other purposes.
(2)Â
If a Level 2 water use restriction is issued, then:
(3)Â
If a Level 3 water use restriction is issued, then:
(a)Â
No outside water uses for lawn watering or irrigation. This
applies to automatic sprinklers, automatic irrigation systems, and
any unattended lawn watering.
(b)Â
Filling of any swimming pools or containers greater than 100
gallons' capacity is prohibited.
(c)Â
Washing of vehicles, including automobiles, trailers, trucks,
etc., by hose is prohibited.
(d)Â
Any outside water use shall not occur between the hours of 8:00
a.m. and 5:00 p.m.
(4)Â
If a Level 4 water use restriction is issued, then all outside water
use is prohibited.
G.Â
Exemptions to water use restrictions.
(1)Â
Hand irrigation of crops used for food by residents at a residential
property, provided a competent person is present using watering equipment
with an automatic shut-off device, shall not be restricted.
(2)Â
Water to sustain animal life shall not be restricted.
(3)Â
Despite the authority granted by Subsection B of this regulation, orders imposing water use restrictions shall not apply to uses that obtain water from sources other than the City water system, unless it can be clearly demonstrated that the use of such water directly affects the City water system.
(4)Â
The City Council may issue temporary water use restriction exemption
permits for identified properties and locations that have made recent
landscaping investments. The exemption period for limited irrigation
for new seed, sod, or plugs is up to 45 days from the date of installation
and will be permitted between the hours of 5:00 p.m. and 8:00 a.m.
Property owners must demonstrate that area soils have been appropriately
prepared and use efficient irrigation best management practices. A
watering exemption permit only pertains to newly seeded lawns and
will not be issued for over seeding. This exemption does not apply
during a Level 4 water use restriction.
H.Â
Public notification. Upon declaration of a water emergency by the
City Manager, the City shall issue a written emergency notice declaring
the emergency and setting forth with particularity a water use restriction
that regulates the use of water from the City's water system.
The notification, as issued, shall be reissued whenever there are
modifications to the water use level restrictions.
(1)Â
Publication and/or posting of notice. The written emergency notice
shall be published in a newspaper of general circulation in the City
of Rochester within 72 hours after the issuance of such notice. In
addition, the written emergency notice shall be posted in five prominent
places within the City and on the City website.
(2)Â
Immediate threat to public health or safety. Whenever a sudden or
unexpected event reduces the availability of water or water pressure
as to create an immediate threat to public health or safety, the emergency
notice may be issued by any reasonable means, including electronic
means.
I.Â
Termination notice of a water emergency. Upon a determination by the City that the water emergency no longer exists, the City Manager may terminate the water use restrictions. Public notification of such termination shall be given in accordance with Subsection H(1).
J.Â
Appeals of water emergency declaration. Any person aggrieved by a
water emergency declaration by the City Manager shall have the right
to present the matter to the next regular or special meeting of the
City Council or any emergency session of the Council called to discuss
the water emergency. The City Council may exempt such aggrieved person,
in whole or in part, from the compliance with such water use restrictions
upon a showing that compliance with such water use restrictions creates
an immediate threat to such person, or such person's immediate
household's, health or safety. A ruling by a majority vote of
the City Council with regards to such appeal shall be final and binding.
Until and unless the action of the City Manager is modified or revoked
by action of the City Council, all water usage shall be bound by the
terms of the water use declaration issued by the City Manager.
K.Â
Penalties. Any person who, in any manner, directly or indirectly,
violates or permits others under their custody or control to violate
any terms of a duly issued water use restriction shall be guilty of
a violation. Each separate day of water use in violation of such emergency
notice shall constitute a separate offense and each separate prohibited
water use in excess of one on the same day shall constitute a separate
offense. In addition to the foregoing penalties, the City of Rochester
is authorized to discontinue the furnishing of water where orders
and restrictions have been violated on multiple accounts. Such discontinuance
shall be made pursuant to RSA 38:31 and may be continued so long as
there is evidence that the violations continue. Penalties are determined
by each water level restriction as follows:
A.Â
Function of the Board. The Utility Advisory Board shall periodically
make recommendations to the City Council on the level of water rates
to be established under this article, but such recommendations are
not binding on the City Council. The Utility Advisory Board shall
rule on appeals of user and other charges and fees and perform such
other duties that may be assigned by City Council.
B.Â
Membership. The Utility Advisory Board shall consist of five members.
Such members shall be nominated by the Mayor and appointed by the
City Council.
C.Â
Term. Members appointed on, or after, June 1, 2013, shall serve a
term of three years from the date of appointment.
D.Â
Vacancies. Vacancies on the Utility Advisory Board shall be filled in the same manner that members are appointed under Subsection B. The term of a member appointed to fill a vacancy shall be equal to the remaining term of the member being replaced.
E.Â
Administrative actions. The City Manager shall have the authority
to veto or modify any action of the Utility Advisory Board.
A.Â
Applications for the construction/extension of water mains that are
intended to be accepted by the City as City-owned mains shall be in
the form of a petition addressed to the Department of Public Works
in compliance with the rules established by the Department of Public
Works.
B.Â
The Department of Public Works may require that an applicant file
a site plan with the Planning and Development Department such rights-of-way,
easements, releases, performance surety, or any other instruments
reasonably consistent for any such construction, and the City of Rochester
shall be grantee, guaranteed insured, or payee of any such instrument.
C.Â
Construction or extension of any such water mains shall be per City
standards.
D.Â
The applicant shall pay full costs for any such construction of water
main and installation and full title to the same shall, upon acceptance
by the City Council, be the property of the City of Rochester. All
construction of water mains shall be under the direct supervision
of the Department of Public Works.
E.Â
The City will not normally accept water mains that are constructed
or extended appurtenant to roadways where such roadways are not intended
to be accepted by the City. Such mains will be considered by the City
to be private services and all required maintenance the responsibility
of the owner. Owner maintenance and operation of such mains shall
be subject to the directives of the Department to ensure water quality.
F.Â
Construction or extension of private water mains or private distribution
systems beneath private property shall meet the specifications of
the Department and owner maintenance and operation of such mains shall
be subject to the directives of the Department to ensure water quality.
A.Â
Upon petition by citizens of the City or when deemed necessary or
desirable for the protection and well-being of the City, the extension
of water mains in accepted roadways may be approved by a vote of the
City Council in accordance with City Ordinance § 223.
B.Â
Where the construction and installation of water mains is to be made
in and upon existing streets and roads, and the public good requires
it and/or undue hardships would result if cash payment were made,
then and in such case the City of Rochester may finance the construction
through the issuance of bonds or other financing method and pay the
full costs. The proportionate share of each abutter along the line
of construction and installation based on the actual cost of construction
per running foot or other equitable distribution of cost when petition,
application, or late petition is made and granted shall become a lien
on such abutting property as real estate taxes until payment of said
proportionate share of full costs, including financing, is made.
C.Â
Payment may be as follows:
(1)Â
The affected party may pay their proportionate share in cash for
the full amount, at the time the obligation is incurred; or
(2)Â
The affected party may enter into an agreement with the City of Rochester
that said proportionate share of all costs may be paid in equal installments
over a period of time equal to the term of the bond or a lesser period.
Such agreement is to be recorded with the Strafford County Register
of Deeds at the expense of the affected party. In the event property
is conveyed, the new owner(s) will be responsible for all unpaid bills
and liens.
A.Â
Private fire services may be permitted at the discretion of the Department of Public Works and Fire Chief. All applications for private fire protection services must follow the provisions of § 260-4. Application for service.
C.Â
Private fire hydrants shall typically be set on the customer's side of the meter so that all use is recorded and billed. In cases where private fire hydrants are before the customer's meter any such use of a private fire hydrant for nonfire service flows must utilize a fire hydrant meter authorized and provided by the Department to measure said flows. The customer or user shall be responsible for all water utilized and measured by said hydrant meter pursuant to the rates set forth in § 260-34.
A.Â
B.Â
Fees.
(1)Â
Meter installation: a minimum of $300 or estimated cost of installation,
in advance $100.
(2)Â
Installation and repair license: $100 per year.
(3)Â
Bad check: $25 plus all associated fees.
(4)Â
Service reactivated following payment when shut off due to nonpayment:
$60.
(5)Â
Service shutoff or turn on by request: $30.
(6)Â
Temporary service: see installation fees; water charges will be billed
accordingly.
(7)Â
Private fire protection service: see installation fees.
(8)Â
Private fire hydrant service connection: $150 per hydrant per fiscal
year. For purposes of this subsection, a private fire hydrant shall
mean any fire hydrant located outside the public right-of-way and/or
located on property other than that is not owned by the City of Rochester,
but which is connected to the public water system. Any private hydrant
located behind a water meter on that property shall be exempt from
this charge.
(9)Â
Service connection permit fee: $50.
(10)Â
Swimming pools: fees based on volume used times unit rate.
(11)Â
Meter repair or testing: $30 per visit plus cost of transportation
of meter to testing facility and cost of testing.
(12)Â
Meter damage: $50.
(13)Â
Backflow prevention devices: all costs associated with installation,
repair, or inspection paid by owner. Inspection costs shall be not
less than minimum service charge.
(14)Â
Violations: all costs to correct violation paid by owner.
(15)Â
Minimum service charge: $30 per visit.
(16)Â
Meter tampering charge: a reconnection fee of not less than
$100 nor more than $500.
(17)Â
Minimum charge for road maintenance between December 1 and March
31: $200.
[Adopted 4-2-2013 (Ch.
18 of the 1995 Code); amended in its entirety 12-3-2013; 3-7-2023]
A.Â
New Hampshire Code of Administrative Rules Part Env-Dw 505 requires
that the City of Rochester take appropriate actions to prevent the
reverse flow of water previously delivered to customers or the backflow
of harmful substances into the public water system. Each public water
system serving 1,000 or more persons must have a written cross-connection
control program ordinance.
B.Â
Cross-connections between water supplies and nonpotable sources of
contamination represent one of the most significant threats to health
in the water supply industry. This program is designed to accomplish
the following:
(1)Â
To protect the City of Rochester, New Hampshire, public water supply
from contamination by isolating, within its customers' internal
distribution systems, contaminants that could backflow or backsiphon
into the public water system.
(2)Â
To promote the elimination or control of existing cross-connections,
actual or potential, between the customer's in-plant potable
and nonpotable water systems by isolating those contaminants that
could backflow or backsiphon into the customer's internal distribution
system.
(3)Â
To provide for the maintenance of a continuing program of cross-connection
control that will systematically and effectively prevent the contamination
of potable water systems via cross-connections.
The authority for this article is derived from the New Hampshire
Administrative Rules Part Env-Dw 505, Backflow Prevention, and the
City of Rochester public water system rules and regulations, as adopted.
The Department is responsible for protecting the public potable
water distribution system from contamination due to the backflow or
backsiphon of contaminants through the water service connection.
A.Â
The Department will determine if an approved backflow prevention
device is required at the City's water service connection to
any customer's premises.
B.Â
The Department may, directly or through a designated representative,
give notice in writing to any such customer to install an approved
backflow prevention device at each water service connection to their
premises.
C.Â
The Department will issue permits for all new backflow prevention
devices and amended permits for any upgrades to such devices for higher-hazard
duty. No permit will be issued by the Department without an application
from the owner.
D.Â
Permits shall have a duration based upon degree of hazard for the
protective device. High-hazard device permits shall have a duration
of six months to coincide with semiannual inspection and testing requirements.
Low-hazard device permits shall have a duration of 12 months to coincide
with annual inspection and testing requirements. All permits shall
automatically renew following certification from owner that periodic
inspection and testing has been completed on schedule.
E.Â
There will be no fees for permits issued.
F.Â
Existing commercial and industrial properties at the time of the
issuance of this article shall be the subject of site surveys conducted
by the Department to determine the need for backflow prevention devices.
Department shall conduct site surveys in accordance with Env-Dw 505.
G.Â
The Department will not allow any cross-connection to remain unless
it is protected by an approved backflow prevention device for which
a permit has been issued and which will be regularly tested and inspected
per required schedule to ensure satisfactory operation.
H.Â
If the Department determines at any time that a threat to the public
health exists, the water service will be terminated immediately.
I.Â
The Department will maintain records to include all applications
for backflow prevention devices, installation, inspection and testing
certification forms, notices of inspection/test requirement and permits.
J.Â
The Department will monitor for permit compliance. Permits shall
lapse and become void if inspection and testing are not certified
on schedule. A void permit shall constitute grounds for discontinuation
of water.
K.Â
The Department will inform the owner by letter of any failure to
comply with scheduled inspection and testing and resulting permit
violation. The Department will allow an additional 14 days past the
original due date for completion of inspection and testing and owner
certification. In the event that the owner fails to provide the certification
within the additional 14 days, the Department will inform the owner,
by letter, that the water service to the owner's premises will
be terminated. In the event that the owner informs the Department
of extenuating circumstances as to why the certification has not been
made on schedule, a time extension may be granted by the Department,
but in no case will exceed an additional 30 days.
L.Â
All new single-family residential water services, as well as substantive
remodeling of residential properties that require meter changes and/or
plumbing permits, will be required to install a residential dual check
device immediately downstream of the water meter.
M.Â
Installation of a residential dual check valve results in a potential
closed plumbing system within the residence. As such, provisions shall
be made by the owner to provide for thermal expansion within the closed
loop system, i.e., the installation of thermal expansion devices and/or
pressure relief valves.
N.Â
New and retrofit installations of reduced pressure zone principle
devices and double check valve backflow preventer shall include the
installation of strainers located immediately upstream of the backflow
device. The installation of strainers will preclude fouling of backflow
devices due to both foreseen and unforeseen circumstances occurring
to the water supply system such as water main repairs, water main
breaks, fires, periodic flushing, and cleaning of mains, etc. These
occurrences may stir up debris within the water main that will cause
fouling of backflow devices installed without the benefit of strainers.
A.Â
The owner shall be responsible for the elimination or protection
of all cross-connections on their premises.
B.Â
The owner shall ensure the protection of the public water supply
within their premises by the installation of approved backflow prevention
devices, where necessary, or by fixture isolation techniques to comply
with the City's containment philosophy and NH state regulations.
All testing, inspection and maintenance shall be the responsibility
of the owner. Those devices internal to the facility will not be regulated
by the Department; however, any isolation devices required to be installed
by the Department shall be regulated by the Department.
C.Â
The owner, after having been informed by letter from the Department,
shall at their expense install, maintain, and test, or have tested,
any and all backflow preventers on their premises.
D.Â
On new commercial and industrial installations, the owner or their
qualified agent supplying the device(s) shall propose the type of
backflow preventer, if any, that will be required. The owner shall
supply a complete application for the installation of a backflow prevention
device and provide it to the Department for permit issuance. The Department
shall approve proposed devices.
E.Â
The owner shall inform the Department of any proposed or modified
cross-connections and of existing cross-connections which the owner
is aware but may not be known by the Department.
F.Â
The owner shall not install a bypass around any backflow preventer
unless there is a backflow preventer of the same type on the bypass.
Owners who wish to continue operations during testing of the device(s)
shall supply additional devices for an operational by-pass.
G.Â
The owner shall install backflow devices with the minimum requirements
as provided herein in a manner approved by the Department or its designee
and in accordance with approved plumbing regulations. All new devices
shall be tested satisfactorily upon installation.
H.Â
The owner shall install only a backflow preventer approved by the
Department and the Division.
I.Â
The owner shall be responsible for the payment of all fees for device
installation or replacement, annual or semiannual device inspection
and testing, re-testing in the case that the device fails to operate
correctly, and second reinsertions for noncompliance with Department
rules and regulations.
J.Â
Should a backflow prevention device be required or an upgraded device,
whether determined by the Department or otherwise the owner, the owner
shall be responsible for submitting an application for such device
to the Department.
K.Â
There will be no fee for applications submitted.
L.Â
Owners shall certify the installation of new or upgraded backflow
prevention devices in writing to the Department within 30 days of
issuance by the Department of the permit.
M.Â
Failure, refusal, or inability on the part of the owner to install
the required initial or upgrade device(s) and provide certification
to the Department within 30 days shall constitute grounds for discontinuing
water service to the premises until such time as the required certification
of compliance is received by the Department.
N.Â
Owner shall be responsible for providing certification of inspection
and testing to the Department within 14 days of regularly scheduled
periodic inspection and testing, and retesting following initial test
failure if applicable. Failure to submit the certification within
14 days shall void the permit and constitute grounds for discontinuing
water service to the premises.
O.Â
The owner shall correct at their cost any malfunction of the backflow
preventer which is revealed by periodic testing. Corrections that
impact the required certification schedule above shall be communicated
to the Department at the earliest possible time.
A.Â
Philosophy. The City will administer the program on the theory of
containment, the approach of which utilizes a minimum of backflow
devices and isolates the customer from the public water supply so
that contamination of the public water system does not occur. If he/she
so desires, the owner may utilize public health officials or private
consultants to assist in the survey of their facilities and to assist
in the selection of proper fixture isolation devices and the proper
installation of these devices.
B.Â
The owner shall allow their property to be inspected for possible
cross-connections and shall follow the provisions of the Department's
program and the Division's regulations if a cross-connection
is required.
The Department recognizes the threat to the public water system
arising from cross-connections. These threats are classified as follows
in this section:
A.Â
Low hazard. If a backflow were to occur, the resulting effect on
the water supply would, at the most, be a change in its aesthetic
qualities. The foreign substance(s) must be nontoxic to humans. All
threats classified as "low hazard" will require, at a minimum, the
installation of an approved double check valve assembly.
B.Â
High hazard. If a backflow were to occur, the resulting effect on
the water supply could cause illness, injury or death if consumed
by humans. The foreign substances may be hazardous to humans from
a physical, chemical, biological, and/or radiological standpoint.
The effects of the contaminants may result from short- or long-term
exposure. All threats classified as "high hazard" will require the
installation of approved reduced pressure zone principle backflow
prevention devices air gaps or other high hazard device approved by
the Department.
A.Â
Any owner having a private well or other private water source shall
not cross-connect ("hard pipe") to the Department's system. The
owner may be required to install a testable high hazard backflow prevention
device at the service entrance to the public water system if a private
water source is maintained, even if it is not cross-connected to the
Department's system.
(1)Â
The owner has the option to abandon or discontinue the auxiliary
water supply in a manner acceptable to the Water Division of the Department
in lieu of installation of a backflow prevention device.
B.Â
The Department shall not permit a cross-connection within the public
water system unless it is considered necessary and that it cannot
be eliminated.
(1)Â
The customer shall provide the Department with backflow prevention
device test results per required schedule or the customer's water
service from the water provider will be shut off until the data is
supplied to the Department and approved.
A.Â
Cross-connection permits that are required for backflow prevention
devices are obtained from the Department. A permit will be issued
for each individual device. There will be no fees for initial permits
and subsequent renewals. Permits shall be issued with a duration which
coincides with the inspection and testing schedule of the device.
High-hazard devices shall have permits with durations of six months;
low-hazard devices shall have durations of 12 months. Failure of the
owner to provide certification of inspections and testing on the required
schedule shall void the permit and constitute grounds for discontinuation
of water.
B.Â
Amended permits shall be issued for any premises whereby there are
any increases in degree of hazard such as to supersede the effectiveness
of the present backflow preventer. Owners are responsible for submitting
applications for the amended permits.
C.Â
The permit shall contain the information required in New Hampshire
Administrative Rules Part Env-Dw 505, Backflow Prevention.
D.Â
Permits are subject to revocation for cause by the Department and
become immediately revoked if the owner should so change the type
of cross-connection or degree of hazard associated with the service
without proper notification to the Department.
E.Â
Fixture isolation devices internal to a facility will not be regulated
by the Department and permits are not required.
Any existing backflow preventer shall be allowed by the Department
to continue in service if in good working order unless the degree
of hazard is such as to supersede the effectiveness of the present
backflow preventer or result in an unreasonable risk to the public
health. Permits for existing devices shall be issued with durations
to coincide with the required schedule of inspection and testing.
Where the degree of hazard has increased, as in the case of a residential
installation converting to a business establishment, an existing backflow
preventer must be upgraded to an approved device, or an approved device
must be installed in the event that no backflow device is present.
A.Â
Installation requirements. Initial installations, replacements and
upgrades shall be performed by an individual with a current backflow
prevention device inspector/tester certification from the New England
Water Works Association (NEWWA) and in accordance with Department
of Public Works requirements and New Hampshire statutes.
B.Â
Reduced pressure zone backflow prevention devices.
(1)Â
The reduced pressure zone backflow prevention device shall be installed
on the owner's side of the water meter on the potable water supply
line.
(2)Â
For "in-plant" protection, lines for safety showers and lines for
eye wash units must be taken off the upstream side of the reduced
pressure zone backflow prevention device.
(3)Â
The reduced pressure zone backflow prevention device shall be located
to permit easy access and provide adequate and convenient space for
maintenance, inspection, and testing. The device must be protected
from freezing, flooding, and mechanical damage.
(4)Â
The reduced pressure zone backflow prevention device and shutoff
valves must be installed in a horizontal alignment between three and
four feet from the floor to the bottom of the device and a minimum
of 12 inches from any wall, unless the device is approved by the Department
of Public Works or its designee for vertical installations.
(5)Â
Tightly closing valves must be installed at each end of the device
and must be immediately accessible unless otherwise approved by the
Department of Public Works or its designee.
(6)Â
A drain is to be provided for a relief valve port. There must be
an approved air gap separation between the port and the drain line.
To be approved, the air gap must be at least twice the internal diameter
of the discharge line, or two inches minimum.
(7)Â
Backflow prevention devices are not allowed to be installed below
grade or other location that may be prone to unit inundation and/or
submergence.
C.Â
Double check valve assemblies.
(1)Â
The double check valve assembly shall be installed on the owner's
side of the water meter on the potable water supply line.
(2)Â
For "in-plant" protection, lines for safety showers and lines for
eye wash units must be taken off the upstream side of the double check
valve assembly.
(3)Â
The double check valve assembly shall be located so as to permit
easy access and provide adequate and convenient space for maintenance,
inspection, and testing. The device must be protected from freezing,
flooding, and mechanical damage.
(4)Â
The double check valve assembly and shutoff valves must be installed
in a horizontal alignment and the top of the double check valve assembly
must be between 30 inches and 53 inches from the floor to the bottom
of the device and a minimum of 12 inches from any wall, unless the
device is approved by the Department of Public Works or its designee.
(5)Â
Tightly closing valves must be installed at each end of the device
and be immediately accessible unless otherwise approved by the Department
of Public Works or its designee.
(6)Â
Double check valve assemblies must be provided with suitable connections
and appurtenances for testing.
A.Â
Backflow prevention devices shall be inspected and tested at least
semiannually for high-hazard applications and at least annually for
low-hazard applications. All new devices in new facilities shall be
tested for positive operation upon installation. Responsibility for
ensuring inspections and testing and providing certification to the
Department shall be the owner's. Failure to certify inspections
and testing on the required schedule shall void the permit and be
grounds for discontinuation of water service.
B.Â
Testing and inspection of all devices, to include reduced pressure
principle backflow devices, testable double check valve assemblies,
and testable pressure vacuum breakers, shall be performed by an individual
with a current backflow prevention device inspector/tester certification
from the New England Water Works Association (NEWWA).
C.Â
Any backflow preventer which fails during a periodic test shall be
repaired or replaced. When repairs are necessary, upon completion
of the repair, the device shall be re-tested at the owner's expense
to ensure correct operation. High-hazard situations shall not be allowed
to continue unprotected if the backflow preventer fails the test and
cannot be repaired immediately. The owner is responsible for spare
parts, repair tools, or a replacement device. Parallel installation
of two devices is an effective means of ensuring that uninterrupted
water service during testing and repair of devices is maintained and
is strongly recommended when the owner desires such continuity.
D.Â
Backflow devices will be tested more frequently than specified in Subsection A above in cases where there is a history of test failures and the Department feels that, due to the degree of hazard involved, additional testing is warranted. Cost of the additional testing will be borne by the owner.
E.Â
Failure to test a backflow prevention device as required, or failure
to repair a device when needed, may result in immediate, temporary
termination of the water service until the device is tested or repaired
as directed by the Department.
A.Â
If a provision of this article is found to be in conflict with any
provision of a zoning, building, safety or health or other ordinance
or code of the City of Rochester, or the State of New Hampshire, or
the federal government, existing on or subsequent to the effective
date of this article, that provision which in the judgment of the
City of Rochester establishes the higher standard of safety and protection
shall prevail.
B.Â
The invalidity of any section, clause, sentence, or provision of
this article shall not affect the validity of any other part of this
article that can be given effect without such invalid part or parts.
The provisions of this article with respect to the meaning of
technical terms and phrases, the classification of different plumbing
devices, the regulations with respect to installing, inspecting, or
testing backflow prevention equipment, and other technical matters
shall be interpreted and administered by the Department acting in
and for the City of Rochester, New Hampshire.
Any party aggrieved by any decision, regulation, or provision
under this article, as amended, from time to time, shall have the
right to appeal said decision to the Department which shall issue
a decision within 30 calendar days of the appeal. If said appeal is
denied by the Department, then the aggrieved party shall have the
right to appeal to the Utility Advisory Board and then to the City
Manager.
The City reserves the right to adopt, from time to time, additional
rules, and regulations as it shall deem necessary and proper relating
to control and management of cross-connections, which additional rules
and regulations, to the extent appropriate, shall be a part of these
regulations. Future changes to this article will be submitted to New
Hampshire Department of Environmental Services for approval prior
to City adoption.
This article shall be in full force and effect immediately following
its passage, as provided by law. The adoption of this article specifically
repeals any previously adopted cross-connection ordinance or rules
of the City of Rochester, New Hampshire, with regard to cross-connections
between water supplies of potable and nonpotable systems and/or sources.
