[HISTORY: Adopted by the Board of Trustees of the Village
of Baldwinsville 1-17-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 338,
Water, adopted 3-16-1987 by L.L. No. 5-1987, as amended.
The following rules and regulations are adopted by the Board
of Trustees of the Village of Baldwinsville, New York, and every person
who shall be supplied or whose property shall be supplied with water
from the Village of Baldwinsville shall subscribe to said rules.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Trustees of the Village of Baldwinsville.
The owner of the premises.
Reduced pressure zone backflow prevention device designed
to protect the municipal water supply from contaminants.
The Village of Baldwinsville, New York.
The Clerk of the Village of Baldwinsville, New York, or his
deputy.
That portion of the government of the Village of Baldwinsville,
New York, relating to the Village waterworks.
A.
The tapping of water mains connecting the service or supply pipe
or any alteration or addition to the same or of any plumbing fixtures
will not be allowed until a permit, as herein provided, shall have
been obtained. All such work shall be done under the direction of
the Board of Trustees or the Superintendent of the Water Department.
B.
Inside the Village the charge for a water tap permit shall be in
the amount of the cost incurred by the Village for equipment, materials
and labor at the then-current union rate and/or the costs incurred
by the Village for contracted services for such work. Outside the
Village the water tap permit fee shall be for equipment, materials
and labor at the rate set by resolution of the Village Board of Trustees
at the annual organizational meeting, or at any other duly called
and held meeting of said Board, and/or the costs incurred by the Village
for contracted services for such work. The required number and the
sizes of water service(s) shall be determined by the Superintendent
of Public Works. All water permit fees shall be paid by the builder
before any building permit is issued. The tap fees in a new development,
where the developer provides all labor, equipment and material, a
permit, tap-in and inspections fee equal to the amount adopted by
the Village Board, and from time to time may be amended by Board resolution,
shall be paid by the builder on each individual lot at the time a
building permit is issued.
C.
All service pipes shall have a minimum cover of 4 1/2 feet.
No service pipes shall be less in size than 3/4 inch inside diameter.
United States government specification Type K soft-tempered copper
tubing shall be used on 3/4 inch and one-inch services. Galvanized
wrought-iron pipe of Type K copper tubing shall be used on 1 1/2
and two-inch services. All services larger than two inches in diameter
shall be cast-iron pipe, of quality equal to American Water Works
Association standard specifications and of weight suitable for service
under a pressure of 150 pounds per square inch.
D.
All curb cocks or valve boxes are owned and controlled by the Village
of Baldwinsville.
E.
All commercial water connections, including multifamily dwellings,
shall be provided with an RPZ backflow preventer. Installation shall
be installed by a licensed master plumber in accordance with the New
York State Uniform Code, the Onondaga County Health Department, and
the Onondaga County Department of Water Environment Protection. The
installation shall be designed and verified by a licensed professional
engineer. The installation of an RPZ shall be required for all new
construction, changes of use or occupant, and for all alterations.
No plumber shall leave the curb cock open or turn on the water
in the premises after making any new connections with the street mains
or after making any new extensions or attachments in the premises.
Water will be turned on by an employee of the Water Department after
receipt by it of the permits, properly endorsed by the plumber, together
with the plumber's returns, and upon payment in advance of all
expenses in making connections at the curb.
In all places where steam boilers or hot-water tanks are supplied
with water from the Village waterworks, the owner or consumer must
see that the consumer places a suitable safety valve, vacuum valve
or proper safety device to prevent damages from collapse or explosions
when the water is shut off. The Village of Baldwinsville and the officers
and employees shall not be liable for any damages resulting from the
sudden shutting off of water from any steam boiler and other fixtures
deriving its supply from the Village waterworks, but it is intended
that suitable notice of such shutting off of water shall be given
to the consumers when practicable.
The Village of Baldwinsville shall not be liable for any damages
which may result to consumers by reason of shutting off water mains
or services for any purpose whatever, even when notice is not given,
and no deductions will be made in consequence thereof. The charge
for turning on any water service after it has been shut off for any
purpose shall be a fee as set by resolution of the Board of Trustees.
All leaks in service pipes in the street and in and upon all
premises supplied must be promptly repaired by the owner or occupant,
and, in case of failure to make prompt repairs, the water will be
shut off until necessary repairs are made.
Permission will not be granted to supply two or more buildings
from a single tap, except that in all cases separate and distinct
shutoff cocks for each building or premises shall be provided, located
at the curb as in the case of other supply from mains, or if located
on the premises, a perpetual right-of-way must be granted to the Board
of Trustees, its employees and the Water Department, by owner of the
premises.
Any person wishing to discontinue the use of water must give
notice thereof at the office of the Village Clerk on or before February
1, May 1, August 1 and November 1. Otherwise, the water rental for
any quarter will be due and payable.
No person or persons are permitted to open any fireplug or hydrant
or to draw water, except officers and employees of the Village while
conducting authorized Village business, with the exception of emergency
use by Fire Department personnel and use by individuals who obtain
a hydrant permit. In no event will an inexperienced or incompetent
person be permitted to manipulate or control any hydrant in any manner.
Tampering or illegal use of any fire hydrant shall be punishable by
a fine not exceeding $250 or imprisonment for not more than 15 days,
or both.
Standpipes or other pipes for automatic suppression of fires
in buildings, which fixtures are only intended for such use, may be
permitted to be attached to the water main. Applications for such
permits, accompanied by a plan of the proposed pipe system, must be
submitted to the Board of Trustees for approval. No additional fixtures
shall be made in any system without the approval of the Board of Trustees.
All such pipes must be provided with a suitable valve outside of the
building, under the exclusive control of the Trustees. All rates for
water supplied to automatic sprinklers or hydrants for fire protection
shall be approved by the Board of Trustees, and the Board may require
the owner or consumer to place meters on such pipes, at the expense
of the owner, the meters to be placed on all pipes leading from the
automatic sprinkler system through which water may be drawn. The owner
of the premises where pipes are in service for fire protection only
shall maintain such service pipes their entire length from the street
main into the premises. He shall be responsible for any damages that
may be caused by a leak or by the breakage or bursting of such pipes,
unless such damage has been caused by some fault of the Village or
its employees. Annual fire service line rates are set forth as follows:
|
Size of Pipe (inches)
|
Rate
|
|---|---|
|
4
|
$125
|
|
6
|
$275
|
|
8
|
$450
|
|
10
|
$650
|
No person or persons, except the Board of Trustees or those
acting with its permission or under its direction, shall open or close
any valve or gate in the main or molest or interfere with the same
in any manner.
The Village reserves the right to limit the amount of water
furnished to any consumer should circumstances warrant such action,
although no limit may be stated in the application or permit for use.
The Village may entirely shut off the water supply used for the following,
but not limited to manufacturing purposes: for furnishing power, for
washing automobiles, for watering crops, for filling swimming pools
or for lawn sprinkling, at any time, by giving reasonable notice to
the consumer of intention to do so.
A.
The Village reserves the right to order a meter to be placed on any
service pipe whenever it is deemed expedient to do so and thereafter
to charge meter rates for water used.
B.
Responsibility for meters.
(1)
All meters up to one inch in size upon installation become the property of the Village of Baldwinsville, and the Village shall be responsible for any replacement or repair except as cited in § 338-15 of this chapter.
(2)
All meters over one inch in size are to be provided by and will be
owned by the property owner. All repairs, replacements, accuracy tests
and calibration are the responsibility of the property owner.
C.
All water passing through a meter will be charged for, whether for
water used or wasted.
D.
Any additional meters must be obtained at the Village Clerk's
office at a charge equal to the Village's annual meter bid price
for the size meter desired.
E.
Where a meter is used, it shall be placed to cover all the fixtures
and must be in a position where it can be conveniently read.
F.
A stop and waste cock must be placed inside the building between
the wall and the meter.
G.
All meters will meet the Village of Baldwinsville meter standards
and must be approved for use by the Superintendent of Public Works
prior to installation.
H.
Upon request, the Village will conduct an in-field accuracy test
of any residential meter up to one inch in size, free of charge. In
the event that the customer requests more extensive testing, the Water
Department will remove the meter from the premises to conduct the
requested test and will reinstall the meter subsequent to said testing.
There shall be a fee, as set by resolution of the Board of Trustees,
for said testing and reinstallation.
I.
For meters over one inch in size, there shall be an annual accuracy
test performed, at the expense of the property owner. The results
of said test shall be provided to the Superintendent of Public Works
and shall be acceptable to Water Department standards. Meters not
meeting standards are to be replaced or repaired at the property owner's
expense, within 60 days of notification of failure to meet acceptable
standards. Failure to make said repairs or replacements may result
in termination of water service and shall be subject to a fine of
$250 per month or portion thereof until said standards are met. All
accuracy tests are to be performed by a tester approved by the Superintendent
of Public Works.
Any damage which said meter may sustain resulting from carelessness
of the owner, his agent or tenant, or from neglect of either of them
to properly secure and protect the same, including any damage that
may result from allowing said meter to become frozen or to be injured
by hot water, shall be paid to the Village Clerk by the owner of the
premises, whether the meter is owned by him or by the Village. In
case such payment is not made, the meter may be shut off from said
premises without notice and will not be turned on again until all
charges are paid.
The owner and tenant shall provide ready and convenient access
to the meter so that it may be frequently read and examined by the
employees of the Village. Where a remote reading device is deemed
necessary by the Department of Public Works, such device shall be
placed in a convenient location so that it may be read by the Department
of Public Works. Any new residential or commercial construction shall
include wiring for the operation of the remote reading devices. Said
wiring shall be installed by the property owner at his own expense.
Said installation will meet the specifications of the Village of Baldwinsville.
Upon request for water service, the Village will direct the location
of the remote reading device on the exterior of the proposed building.
All builders shall provide a twelve-by-twelve-by-one-half-inch plywood-backed
area, or other approved means of securing of the remote reading device,
on the exterior of any new building.
No meter shall be set or removed or disturbed without a permit
from the Water Department or Village Engineer. The Village of Baldwinsville
is not liable for damage to piping which may occur during meter installations.
Prior to any meter installation, the Village of Baldwinsville Water
Department will assess the strength of piping proposed for the meter
installation. In the event that it is determined that piping is not
adequate for the meter installation, the property owner will be required
to make all necessary repairs or replacements of piping or valves
at his own expense within 20 days of notice given by the Village of
Baldwinsville to the property owner of such repairs or replacements.
Failure to make said repairs may result in termination of water service
by the Village.
The owner of any premises which is supplied with water shall
be chargeable for water supplied, for expense of repairs of service
meters, fixtures and all other appliances connected with such water
service, and for damages to the same, and for fines imposed for violation
of any rule of the Board of Trustees by such owner or by any occupant.
If said sum cannot for any reason be collected from said owner or
from the occupants of the premises, the water shall be turned off
for such nonpayment, and no application for water service for such
premises shall be granted, notwithstanding that the premises may have
changed hands, until such charges have been paid in full. In the event
that water service is to be reestablished at times other than 7:00
a.m. through 3:00 p.m., Monday through Friday, excluding holidays,
an additional charge, as set by resolution of the Board of Trustees,
shall be levied.
For any connection to a hydrant, other than use by officers
and employees of the Village while conducting authorized Village business
and emergency use by the Fire Department, a permit shall first be
obtained at the office of the Village Clerk. For water supplied within
the Village, there shall be a charge as set by resolution of the Board
of Trustees for labor and materials, plus the applicable water rates.
For water used outside the Village, there shall be a labor and materials
charge as set by resolution of the Board of Trustees plus applicable
water rates for water used outside the Village. The charge for such
permit as set by resolution of the Board of Trustees and shall be
paid at the time of issue. Water use and any other charges shall be
paid upon return of the meter. Three working days' notice is
required for bulk water use. The Village shall not be responsible
for any damage that may be caused as a result of said hydrant use.
All bills for water furnished at schedule rates shall be paid
quarterly by billing area (ward) at the office of the Village Clerk.
Bills are due on the first of the month and there shall be a 5% penalty
added to bills received after the 25th of the month, except when the
25th falls on a nonbusiness day, when the penalty shall be assessed
on bills paid after the next working day. The date of the postmark
on mailed bills shall determine the date paid. If any meter is out
of order and fails to register, the consumer shall be charged at the
average daily consumption as shown by the meter or register when in
working order.
The Village of Baldwinsville may enforce collection of delinquent
water bills as provided in law. A 5% penalty shall be added to the
amount of a delinquent water bill for each quarter of a year, or part
thereof, that said amount is delinquent.
The Village reserves the right to modify or change these rules
as may be seen best to regulate the water supply.
Meter rates for within the Village, for outside the Village
and for water districts outside the Village shall be stated in a Schedule
of Meter Rates to be established, approved and amended from time to
time by resolution of the Board of Trustees of the Village of Baldwinsville.
In all cases of apartment houses, blocks or other property where
water is supplied thereto, each said apartment, or separate portions
of said property, shall have a meter; and, in lieu of a meter in any
such place, the Water Department may require the payment of the minimum
rate established for water service, in the same manner and to the
same effect as if such apartment or part of said property was a separate
house.
A.
It shall be unlawful for the owner of property or user of Village
water, or both, to introduce or permit the introduction of pollution
or contamination of any kind into the Village water supply system.
Whenever cross-connection of another water supply into the Village
system is found which presents the possibility of contamination or
pollution, the water supply to such premises and/or other premises
from which the cross-connection is made shall be discontinued immediately
until the cross-connection is eliminated or the condition remedied.
The Superintendent of the Water Department may permit or require a
backflow preventer of a pattern and design which the New York State
Department of Health approves as reasonably adequate to prevent contamination,
if the Superintendent determines that a complete physical separation
from the Village water system is not practical or necessary or that
adequate inspection for cross-connection cannot readily be made or
that such backflow preventer is necessary because of existing or possible
backflow resulting from special condition, use or equipment.
B.
Any corrective measure, disconnection, inspections or change on private
property shall be at the sole expense of the person in control of
such property. Any charges required in the Village system outside
the property or between the meter and the supply line or distribution
system and any charges for cutoff or disconnection shall be added
to the charges for water against the premises necessitating such expenditure.
C.
All plans and installations shall be reviewed by the Superintendent.
D.
All backflow devices shall be inspected and tested annually, at the
expense of the property owner, with all test and inspection results
forwarded to the Superintendent.
E.
Failure to comply with any cross-connection regulations shall result
in termination of water service to the affected property.
The Village Water Department will undertake the thawing of frozen
service pipes on the Village portion of the service lateral (water
main to curb stop).
All water sales outside the Village corporate limits shall be
approved by the Village Board of Trustees. All water service outside
the Village shall be entered into in accordance with the codes, rules
and regulations of the New York State Department of Health, Bureau
of Public Water Supply and Division of Audit and Control.
Areas served by hydrants which are connected to Village-owned
mains and are outside the Village of Baldwinsville shall be assessed
a hydrant rental fee as set by resolution of the Board of Trustees
per year for each hydrant. Said assessment fee will be charged to
the appropriate fire district.
A.
Any person violating any provision of this chapter shall be liable
to the Village for any and all losses, damages, and expenses incurred
by the Village or for which the Village may be held liable as a result
of said violation.
B.
Any person who shall violate any provision of this chapter, other
than the provisions requiring payment of water bills or other charges,
shall be guilty of an offense and, upon conviction, shall be subject
to a fine of not more than $250 or to imprisonment for a period of
not more than 15 days, or both. Each day in which any violation shall
continue shall be deemed a separate offense.
C.
Nothing contained herein shall prevent the Village or Water Department,
either alone or in conjunction with the foregoing penalties, from
maintaining an action or proceeding in the name of the Village or
Department in any court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of any provision of
this chapter.
