A. 
No unauthorized person shall uncover, make any connection with or opening into, use, alter, or disturb any public water main or appurtenance thereof without first obtaining written approval from the DPW. Any person proposing a new water connection to a public or private water main or any person proposing a substantial change in the quantity or use of an existing water connection shall file a written application for the connection or change with the DPW prior to making the proposed change or connection. Water use is authorized only for the use and quantity described in the application.
B. 
In order to obtain approval to construct or change the size or location of a water service pipe connecting to a public water main, the owner shall submit an application. An application shall be supplemented by permits, plans, specifications or such other information as the City may require, including, but not limited to, building site plans approved by the DPW. Approval of an application shall be subject to the public water system capacity in the public water main as determined by the DPW. Any application issued shall be void and invalid unless the work authorized by it shall have been commenced within 180 days after issuance; however, for cause shown and upon written request by the owner, an extension may be granted by the DPW. The duration of a time extension shall be determined by DPW on a case-by-case basis.
C. 
No work of installing or repairing water connections or any customer plumbing and appurtenances that are under the jurisdiction of the DPW, shall commence unless the approval to do so is issued by the DPW and is at the site of the work, in the hands of the plumber or contractor doing the work. All work shall be completed within the time limitations stated in the approval, which shall be established by the DPW at the time that the approval is issued. If not so completed, a new approval shall be obtained by the owner to validate continuance of the work. One copy of the approval shall be available for inspection at all times at the site of the work.
D. 
The owner shall be responsible, at its expense, for fulfilling all City requirements for licensing, bonding, permitting, submitting applications, installing the water service pipe and appurtenances, tapping (greater than two-inch diameter) and making connection to the public water main designated by the City, and cutting and capping any water service pipe and appurtenances to be discontinued. Only the City shall turn on the water service. The service will not be turned on until the installation has been inspected and a water meter has been installed in accordance with these water regulations.
No person supplied with water shall use the water for purposes other than those stated in their application. No person supplied with water shall supply another building with water without authorization from the DPW. No person shall take water from a service line prior to the water meter. No person shall supply water to a pool or other facility not directly connected to the customer's plumbing without the written authorization of the DPW. No unauthorized person shall operate or use water from a fire hydrant.
An approval shall be valid only for the use and quantity described in the application. Any change in use of the building or any substantial increase in the quantity shall be considered a change in use. The owner of the building shall make application for a new approval for any change of use classification and shall pay the appropriate fee. When the size of a water service is either increased or decreased, the service to be discontinued must be removed, or if approved, cut and capped at the main in accordance with City specifications.
All costs, fees, and expenses incident to submission of an application and work authorized pursuant to such application, including but not limited to design, legal, construction, connection, and inspection of a water service pipe shall be borne by the owner. The owner shall indemnify the City of Framingham from any loss or damage that directly or indirectly may result from the installation of the building service connection. Flat fees for all new service connections to the public water system will be established by the Director and must be paid prior to installation. An approval and inspection fee shall be paid to the City at the time the application for approval under this section is filed.
Existing water services may be used at the discretion of the DPW for connection of new buildings to the Framingham water system only if they are found by the DPW, after examination and testing, to meet these water regulations.
The size, alignment, construction materials, trench excavation and backfill methods, pipe placement, jointing, and testing methods used in the construction and installation of a building water service or water extension shall conform to the current City of Framingham construction standards, to the building code and the plumbing code, and to all other applicable requirements of the City of Framingham and the Commonwealth of Massachusetts. In the absence of specific code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM International, AWWA, and WEF shall apply. All connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved in writing by the Director before installation.
Prior to construction, the applicant shall obtain any necessary City permits; comply with Dig-Safe, and local, state, and federal trench excavation safety requirements. The applicant for the approval or the contractor engaged in the construction work shall notify the DPW a minimum of 48 hours in advance of when work is to be performed. The installation of water connections shall be made under the observation of the DPW or the DPW's duly authorized representative. No work shall be backfilled by the contractor without the authorization of the DPW.
All excavations for water construction shall conform to applicable local, state, and federal codes and regulations and be adequately guarded with barricades, lights, and by other means as necessary to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner consistent with applicable regulations and to the satisfaction of the DPW.
A. 
The repair of the water service line shall be the responsibility of the owner and all costs of the repairs will be borne by the owner. The total cost of the repair or replacement of the service line shall be borne by the owner, including all necessary permit and application fees. In the interests of public safety, repair of the service line may be made by the DPW or by a contractor approved by the DPW. The costs of these repairs will be assessed to the owner.
B. 
Whenever, in the opinion of the DPW, the age, condition or size of a service pipe is such as to make it impracticable to maintain service through the pipe, the owner shall be advised that they must repair or replace the service pipe. The Director may limit the methods of repairs to privately owned building services within five years of the date of reparation to the public way. The owner may be required to select repair methods that will not disturb or otherwise modify the public way surface.
When water service has been discontinued for a period of one year or more and no commitment has been provided by the owner as to possible future use, the DPW may, at its sole discretion, consider the water service to be abandoned and may disconnect the water service pipe from the public water main at the owner's expense. If any building is razed, the owner, at their expense, must disconnect the water service from the public water main and all work must be done in accordance with these water regulations. Before a building or structure is demolished, the owner shall obtain approval from the DPW for the removal or cutting and capping all water, sewer and fire pipes. The City at its sole discretion may require the owner to submit a site plan. The owner shall perform the removal or cutting and capping of all water, sewer, and fire pipes and the City shall inspect the work to ensure that the services are removed or properly cut and capped in accordance with City specifications prior to backfilling. The owner is responsible for all costs incurred in this process. All demolition shall be subject to Chapter 284, Historic Preservation, Article II, Demolition Delay, of the City Code.
A. 
The property owner shall own that portion of a water service pipe located on the owner's property with the exception of City owned meters and couplings. Where a building, foundation wall, retaining wall, stairs, areaway or other subterranean structure is located on the property line, such ownership shall continue to a distance of 18 inches beyond the property line. For services greater than two-inch diameter, the property owner shall own the service extending from the property to the public water main up to and including the control valve at the main.
B. 
Water service pipes within a public way or a private way open to public travel shall be constructed in accordance with the City's construction standards and applicable local, state, and federal codes and regulations. No fire pipe shall be tapped to provide a domestic water service pipe.
A. 
The City requires a single water service pipe and a master meter for multiple unit premises. A separate service and meter shall be required for each premises of different address or ownership. When water is supplied to more than one dwelling unit through a single service, a single meter shall be installed to record water usage for the whole supply furnished through the service. If secondary or auxiliary meters are desired by the owner for showing subdivision of the water supply, they shall be furnished, installed, maintained and read by the owner. Separate billing will not be provided by the DPW. No singularly owned dwelling unit or building shall have more than one water service without the approval of the DPW.
B. 
Services to multifamily dwellings and condominiums. Each unit of a multifamily dwelling or condominium whose individual units share common sidewalls but are singularly owned throughout the material extents from foundation to roof shall be provided with a separate water service. Units of multifamily dwellings or condominiums that are singularly owned but share a common foundation/footprint may share a common water service.
A. 
For residential and nonresidential buildings, the City shall furnish and install, at the property owner's expense, meters, automated meters, automated reading devices or other appurtenances, up to and including two inches in size, along with the necessary bushings and couplings to attach to the plumbing. All new meters over two inches diameter shall be furnished and installed by the property owner at their expense. The size of the meter required shall be subject to the approval of the City. All water meters shall remain the property of the DPW, and the DPW shall have access to and control over the water meters. No unauthorized person shall remove, repair, or replace the water meter. The DPW shall determine the type of meter to be used.
B. 
The property owner shall provide and maintain a clean, dry, warm and readily accessible environment for the water meter. The property owner shall provide valves on both sides of the meter, to facilitate removal of the meter by the DPW for testing without requiring the buried exterior valve to be operated, and without draining the property owner's interior water piping system.
C. 
The primary purpose of meter installation is to provide a method for determination of water system usage. Meters shall be installed in a manner which best reflects the demands placed on the system by the user in combination with limits of property rights and ownership. In general a single meter will reflect a single building and/or property unless the water system configuration or limitations on the site require installation of more than one meter.
D. 
At any normal rate of flow, as specified by AWWA standards, a new meter shall register not less than 98.5% and not more than 101.5% of the water that actually passes through it. A used meter shall register not less than 97% and not more than 103% of the water that actually passes through it.
E. 
All meters furnished and installed by the City and all existing meters shall be the property of the City. The City may refuse to take ownership of a meter which is improperly installed by others or which is the wrong type or size for the premises in question. Where a meter is improperly installed by others or is the wrong type or size, the property owner shall be required to furnish a meter approved by the City prior to the commencement or resumption of water service. The City has the right to change the size of the meter without charge to the property owner. However, all costs and expenses associated with the installation of a meter outside of normal business hours shall be borne by the property owner.
A. 
Prior to installation of the meter, the property owner shall at its expense complete the plumbing so that the premises is ready for meter installation. If plumbing work is necessary to make the premises meter-ready, the City will provide plumbing specifications to enable the owner to prepare the premises for meter installation. The plumbing shall be completed by the property owner in a manner that permits installation of the meter closest to the point of entry of the water service pipe. All meters over two inches and automatic reading devices shall originally be installed by the property owner at its expense and inspected by the City. At the DPWs discretion, the DPW may, at its expense, replace such meters and automatic reading devices. All meters and meter installations shall conform to the City's construction standards and all applicable local, state, and federal codes and regulations and comply with these water regulations. Meters three inches in size and larger shall be the turbine or compound type as determined by the City and shall be installed with a strainer of the same manufacturer and with a one-inch tap for meter testing by the City. All meters shall be installed horizontally.
B. 
All meters shall be installed within a property owner's building as close to the public water supply main as possible in an ample and suitable space free from exposure to freezing unless otherwise directed by the City. This space shall at all times be unobstructed and accessible to the City for reading, testing, inspection, and maintenance purposes. The installation of a meter in a pit shall be at the sole discretion of the City.
No person shall repair, remove, replace, bypass, tamper with or prevent a meter or reading device from registering water usage, and such acts shall be subject to the penalties stated in Massachusetts General Laws c. 165, § 11 and to such other penalties as the City may adopt under these water regulations.
The City, at its sole discretion, may require the master metering of more than one water service. In such case, the property owner(s) of the premises served shall be responsible for payment of all water charges, all costs and expenses incident to the installation of the master meter and the acceptance of all related notices.
A. 
The City maintains an annual meter installation and maintenance program. Upon notification that a meter is broken or missing, the City will install a new meter, provided that the premises is meter-ready. The replacement of a frozen meter, a meter that is lost in service, or any appurtenant meter reading devices damaged or lost in service, shall be at the owner's expense. If plumbing work is necessary to make the premises meter-ready, the City will provide plumbing specifications to enable the owner to prepare the premises for meter installation.
B. 
The City may subject all meters to periodic tests. The City may at any time test, repair or replace any meter at its option and expense. An owner may request that the City test their meter. Such tests shall be performed at the expense of the owner.
A. 
Any use of water from an unmetered hydrant for purposes other than extinguishing fires is strictly prohibited. Hydrant use for any other purpose shall only occur pursuant to an approval obtained from the DPW. After issuance of the approval, a hydrant meter and a backflow preventer for the proper operation of the hydrant shall be provided upon payment of a deposit in an amount established by the DPW. The approval must be attached to the meter at all times during use. The failure to comply with the terms as set forth on the hydrant approval or the unauthorized use of water from a hydrant are violations of these water regulations which can result in the imposition of a fine in accordance with Article VIII of these water regulations.
B. 
Prior to use, the owner of a private hydrant must obtain an approval to use the hydrant and meter from the DPW unless the hydrant is master metered.
A. 
The portion of a water service pipe on private property, or the portion not owned by the City, shall at all times be kept by the owner in good repair, free of leaks and protected from frost and corrosion. If the City determines that any private piping does not conform to applicable state and federal law, codes and regulations, the City may require an owner, at its expense, to expose the piping for inspection by the City. The City may require the owner, at its expense, to replace or repair the piping in accordance with applicable regulations. In the case where the portion of the water service pipe owned by the City is damaged by neglect or carelessness of the owner of the premises served, or any plumber, contractor, occupant or other person acting on behalf of the owner of the premises, all necessary repairs shall be made by the City at the owner's expense. Such costs will be assessed to the owner.
B. 
If the City determines that there is a leak in the owner's portion of the water service pipe, the City shall so notify the owner with a written notice, and the owner shall be responsible for obtaining all applicable local, state, and federal permits and having the leak repaired within 14 days, unless otherwise directed by the DPW, and the work inspected by the City to ensure compliance with these water regulations. The City, in accordance with these water regulations, may shut off such a leaking water service pipe.
C. 
The owner is responsible for thawing, at its expense, a frozen water service pipe on the owner's portion of the water service pipe.
A. 
Shutoff and resumption.
(1) 
The City may shut off water service without notice in order to perform urgent or emergency work on a public water main or a water service pipe. At the owner's request, the City may shut off water service to a premises in order for the owner to make repairs, or for temporary vacancy.
(2) 
Only the City may turn on the water service. If necessary, the City may turn on a water service without notice after performing work on a public water main or a water service pipe. If an owner requests the City to shut off water service, then the City will turn on the water service only after a subsequent request by the owner. After inspection of a newly installed metered water service pipe, and upon request by the owner, the City shall turn on the water service. The resumption of a water service by anyone other than the City is a violation of these water regulations and can result in the imposition of fines in accordance with these water regulations.
B. 
Discontinuance.
(1) 
An owner may discontinue the owner's water service to a building by notifying the City, in writing, at least three working days in advance of the date on which water service is to be discontinued. Upon notification by the City to the owner that the service is to be discontinued, the City shall shut-off the water service. When water service has been discontinued for a period of one year or more, the City may, at its sole discretion, require the owner to cut and cap, at the owner's expense, the water service pipe(s) from the public water main.
(2) 
If water service has been discontinued for less than one year, the service shall be resumed only by the City at the request of the owner. Where water service has been discontinued for one year, the water service will be resumed only after the owner submits an application for water service pursuant to § 558-4.1 of these water regulations.
(3) 
Pursuant to all applicable state laws, water service may be discontinued by the City for nonpayment of any bill, including late payment charges, based on one or more of the following conditions:
(a) 
The customer has not paid their bill in full within 60 days from the date the bill was due.
(b) 
Not less than 60 days from the date the bill is due, the City has provided the customer with written notice by certified mail of its intention to discontinue water service including the reason for the proposed discontinuance, the facts on which the decision was based, and the proposed date of discontinuance. The notice shall be postmarked at least 14 days in advance of the proposed discontinuation date for residential customers or, in the case of nonresidential customers, at least seven days in advance of the proposed discontinuation date.
(c) 
Prior to the date notice of discontinuation is mailed by the City, it has not received payment in full or been advised by the customer's physician that a medical emergency exists at the location or would result from the discontinuation.
(4) 
If service has been discontinued, the DPW shall restore service promptly upon the customer's request when the cause of discontinuation has been removed, or if notice of a medical emergency is provided as noted in § 558-4.21B(3)(c). The customer will be required to pay the special service fee for water turn-on as required by the DPW.
C. 
Termination.
(1) 
The DPW shall not terminate any water service without first giving advance written notice by certified mail to the customer of the basis for the proposed termination, the facts on which the decision was based, the proposed date of termination which shall not be sooner than 30 days from the date of the notice, and the right of the customer to request a conference with the Director to present evidence in opposition of the termination. The request for a conference shall be made in writing by the customer within seven days of receipt of the notice.
(2) 
If a conference is requested by the customer, the Director shall provide written notice of the date, time and location of the conference and shall review the evidence submitted by the customer and shall reverse, annul, uphold or modify the decision of the DPW. The decision of the Director shall be in writing, shall explain the reasons for the decision, shall set forth the date and time when water supply will be terminated and shall clearly set forth what the customer can do to prevent termination. This decision shall be final.
(3) 
The Director shall inform the Board of Health, Inspectional Services and the Fire Chief of any final decision to terminate service. If in the opinion of either, the termination of service would cause an unreasonable risk to the public health or safety; either may order any modification or reversal of the Director's final order to protect the public health and safety.
(4) 
Before terminating the water service to a building, the Director shall inquire of the Inspectional Services Division or Board of Health whether the building is residential and if so whether it is occupied by persons other than the customer.
(5) 
Before termination of water service, the Director shall provide notice by certified mail to the customer and to the occupants who are not the customer of record. The notice shall include the following:
(a) 
The basis for the termination of water service.
(b) 
If payment for water service has not been received by the City, the amount then due and payable for water service.
(c) 
The date on which water service will terminate.
(d) 
The right of the occupants of the building to pay the amount due or such reasonable portion thereof in installments as may be determined and thereby avoid termination of water service.
(e) 
Notice concerning the rights of occupants under applicable law including MGL c. 186, § 14, and the State Sanitary Code.
(6) 
A copy of the notice shall be given to the Board of Health which shall take all reasonable steps to enforce the provisions of law applicable to the customer of record.
(7) 
When water service to any premises has been terminated for any reason, it will be resumed by the City only after the conditions, circumstances or practices that caused the water service termination are corrected and upon full payment. If water service has been off for one year the water service will be resumed only after the owner submits an application for water service pursuant to § 558-4.1 of these water regulations.
A. 
Pursuant to MGL c. 258, § 10, the City shall not be responsible for any damage resulting from the shutoff or subsequent resumption of water, including but not limited to bursting or collapse of boilers supplied by direct pressure; damage by debris in dirty water; the breaking of any pipes, fixtures, control valves or fire pipe gates; stoppage or interruption of water supply. The City shall also have no responsibility for any consequential damages (including, but not limited to, food or housing costs) incurred by an owner, customer, or user as a result of the shutoff or subsequent resumption of water.
B. 
No user shall utilize any apparatus or device or use water in such a way that could or does adversely affect a public water main, appurtenance, or water service pipe. The user shall be liable for any damage to public water mains, appurtenances or water service pipes or property resulting from a violation of these water regulations.
Pursuant to MGL c. 258, § 10, an owner or user shall indemnify and hold harmless the City for any damages or civil liabilities the City may sustain or be required to pay in consequence of an injury or property damage resulting from the owner's or user's violation of these water regulations. The owner shall indemnify the City from and shall reimburse the City for any loss or damage directly or indirectly caused to the City's water and sewer facilities by the installation of any privately owned portion of a water service pipe, combined service, fire pipe or other plumbing.
In acting under these water regulations, the City shall be deemed to be performing an essential public function. The City shall not be liable for any loss or damage as a result of the performance of such public function as provided by MGL c. 258, § 10.