This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019; Ord. 4309 § 2 (in part), 1991)
A water system plan shall be developed by the City as required by WAC 246-290-100. The plan shall be approved by the Mayor, adopted by the City Council, and administered by the Director.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
Water service is considered available if the property is situated within the water service area defined in the water system plan and is adjacent to the water system; and further provided that:
(a)
The water system has the capacity and facilities to accommodate the additional demand, or the property is part of a water system local improvement district or utility local improvement district and has been assessed for water improvements.
(b)
The connection is consistent with the water system plan.
(c)
The connection is approved and permitted by the City.
(d)
The connection is in compliance with applicable federal, state, and local rules, regulations and codes.
Any customer or potential customer within the water service area and not adjacent to the water system may be connected to the water system subject to meeting the above requirements and establishing a local improvement district, utility local improvement district, or entering into a public utilities construction agreement with the City for system extension and/or improvements of the water system for service to the premises. For the purposes of this section "adjacent" shall mean water extended to and though the frontage or to and through the property to potential adjacent development.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
Property that is outside existing City limits shall be permitted water service only upon entering into an outside utility agreement with the City providing for:
(a)
Granting to the City of Bremerton a limited power of attorney to include owner's consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City of Bremerton;
(b)
Consistency with any proposed extraterritorial comprehensive land use plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and
(c)
Consistency with adopted City ordinances and policies for new development;
(d)
Consistency with the adopted City water system plan and Engineering Design and Construction Standards for new developments.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019; Ord. 4309 § 2 (in part), 1991)
All water mains and appurtenances shall be installed by the City or a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards, and local, state and federal regulations. All water system extensions shall be installed from the existing water main to the proposed development and along the entire frontage of the premises of the development to be served.
No connection shall be made to new water mains until all acceptance documentation has been received and approved by the City. Required documentation includes record drawings, deeds of conveyance, easement(s) and any warranty bond(s).
The City may, at its option, require installation of water mains larger than the minimum sizes specified in the Engineering Design and Construction Standards to provide for adequate future capacity within the water system. The City may authorize the entering into a cost sharing agreement to contribute to the cost for larger mains or other improvements based upon the water system plan.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
Upon completion of a new water main, owners of premises adjacent to or within two hundred fifty (250) feet of the main, who are being supplied with City water service through a private system or have a connection to a private service, shall make application for a new utility service agreement and shall install a separate service connection to the main. Service to the private main shall be discontinued ninety (90) days following completion of the new main.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of adequate pressure, the owner may, at the owner's expense, install a pump or pump system to furnish supply pressure, which shall be approved by the City. The City approval shall be based on the protection of the safety and integrity of the water system and not on the adequacy of the private system's design for its intended use. The auxiliary system shall be separated from the meter box and remain the property of the property owner, who will be solely responsible for its maintenance and operation.
In the event local conditions result in high pressure (exceeding eighty (80) psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall be separated from the meter box and remain the property of the property owner who will be solely responsible for its maintenance and operation.
(Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 4454 § 1 (in part), 1994; Ord. 5376 § 2 (in part), 2019; Ord. 5427 § 7, 2021)
All fire hydrants shall be installed by the City or a licensed contractor in compliance with the Engineering Design and Construction Standards. No person other than properly authorized employees or agents of the City shall operate fire hydrants. Location and configuration shall be reviewed by the local fire marshal and Bremerton Fire Marshal. All fire hydrants situated on private property for public use and to be maintained by the City will require access at all times for operation and maintenance and the dedication of an easement to the City prior to acceptance by the City. All fire hydrants located on private property for private use shall be connected to the utility system by a double check valve assembly or a reduced pressure backflow assembly. Such hydrants shall not be maintained by the City and shall be the sole responsibility of the property owner.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
(a)
Except as provided for in BMC § 18.02.170, all fire service lines shall have separate service lines and separate meters. If the existing service to the property does not meet the correct flow requirement, the cost to install the correct size will be assessed and paid to the City before work is completed.
All new and existing automatic or manual fire sprinkler (wet and combination standpipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter as required on non-metered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system.
(b)
All commercial or industrial sites shall have separate metered service for irrigation if irrigation is part of the approved new development.
(Ord. 4309 § 2 (in part), 1991; Ord. 4958 § 1, 2005; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
(a)
All service connections shall be installed by the City in accordance with the Engineering Design and Construction Standards.
The service connections shall be extended at right angles from the water system to the property line and installed within the right-of-way not to exceed forty (40) feet from the main. The water service line within the public right-of-way shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner.
(b)
Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the water system.
(c)
To service property which does not abut on a public right-of-way in which there is a water main, the City may install a connection to the most appropriate main. This connection shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the property owner's expense.
(d)
Every individual parcel connected to the water system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel. However, these restrictions shall not apply to existing services unless improvements are done to the parcel and the separate service and meter can be installed for twenty-five percent (25%) or less than the total improvement cost of the project or, in the judgment of the Director, such existing connection should be discontinued.
(e)
When a single parcel of land having more than one (1) residential structure served by a single water meter is subdivided, the installation of new water service(s) shall be required for the structures on the newly established lots. The expense for installation of the new service(s) will be to the owner that subdivided the property, and application for the service(s) will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including general facility charges.
(f)
When an existing structure is removed and a new structure is constructed on the same property or parcel, a new utility service agreement is required. Any existing water service line that does not meet current Engineering Design and Construction Standards and requirements shall be flow tested and approved by the Director for reuse. Any existing water service line determined to be substandard must be replaced as directed by the Director at the owner's expense.
(g)
In new and pre-existing water service connections, each and every water meter shall have a shut-off valve on the customer side of the meter. Each water meter not already equipped with a shut-off valve as provided herein, must install a shut-off valve at the owner's expense. A shut-off valve must be installed within ninety (90) days of written notice from the City. Failure to install a shut-off valve within the time required will result in fees and costs for any calls related to temporary shut-off of service.
(h)
In new and pre-existing water service connections where one (1) water service serves more than one (1) premises, each and every building or trailer, when connected to one (1) water meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so that each may be closed without disrupting water service to the remaining units. Each separate water service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner's expense, within ninety (90) days of notice of defect. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient reason to deny any adjustment in the water bill in the event of leakage due to these causes.
(i)
The City may require or allow additional service connections when such additional service connections are in the best interest of the utility.
(Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 4454 § 1 (in part), 1994; Ord. 5376 § 2 (in part), 2019; Ord. 5427 § 9, 2021)
The size of each water service and tap shall be determined in accordance with the latest version of the Uniform Plumbing Code and the American Water Works Association (AWWA) guidance on sizing water service lines and meters, except that standby fire-protection services shall be sized based on fire-flow requirements determined by the Fire Marshal.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019; Ord. 4309 § 2 (in part), 1991)
All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is discontinued, abandoned, or otherwise removed by the City. All meters shall be sized as determined in accordance with the latest version of the Uniform Plumbing Code and the AWWA guidance on sizing water service lines and meters, except that standby fire-protection services shall be sized based on fire-flow requirements determined by the Fire Marshal.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
Service from the water system may be contingent upon the installation of an approved backflow prevention assembly for the protection of the water system from actual or potential cross connections.
The City shall require annual testing and inspection of all backflow assemblies within its system to ensure proper function of assemblies and the level of protection is commensurate with the degree of actual or potential hazard to the water system. The City shall notify property owners in writing thirty (30) days prior to the due date of their annual test/inspection. It shall be the responsibility of the property owner to provide the City a satisfactory test/inspection report completed by a Washington State certified backflow assembly tester within thirty (30) days of written notification.
In the event the City does not receive a satisfactory test report within thirty (30) days of written notification, the City will contact a certified tester to test the assembly, and the cost of the test, any necessary repairs, and an administration fee will be added to the customer's next utility bill. The customer may be assessed additional charges to their bill to cover costs for time, expenses, and other related costs incurred by the City if reasonable access is not granted to the tester to test the assembly.
The City shall inspect backflow assemblies for proper installation and protection commensurate with the degree of hazard, subject to a service fee.
Any actual or potential cross connection, without the appropriate backflow protection, now in existence or hereafter discovered or created, shall be declared a prohibited act and shall be enforced accordingly. The elimination or protection from an actual or potential cross connection shall be in accordance with WAC 246-290-490. Water service shall be discontinued to any property for failure to comply with the provisions of this portion of the code.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5275 § 1, 2015; Ord. 5321 § 2, 2017; Ord. 5376 § 2 (in part), 2019)
The City shall be responsible for the operation, maintenance and repair of the water system under its jurisdiction and located within the public right-of-way, dedicated utility easements, and utility-owned property. The City shall not be responsible for servicing private systems beyond its meters, or for public systems purchasing water under a wholesale contract unless otherwise agreed.
When maintenance, repair, or replacement of the water system is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such conditions shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
The water system of the City of Bremerton shall not be artificially fluoridated; i.e., that fluoride in any chemical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open election.
(Ord. 4647, Added, 02/22/1999; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
The City may restrict the use of the water system through regulation or control of the use whenever an emergency exists affecting the water system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the City will make a reasonable attempt to provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the water system that may be deemed necessary for public health and safety.
The City shall not be held responsible for any damage to private property resulting from interruption, failure of the water system, or failure of the property owner to comply with the provisions of this code.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
It is in the public interest for the City to be prepared with an appropriate response in the event of a water shortage situation to protect the health, welfare, and safety of its users.
(a)
Authority. The Director shall have the authority to declare various stages of water emergencies and to implement the provisions of the Bremerton water shortage contingency plan. The stages of this plan are advisory, voluntary, mandatory restrictions, and emergency curtailment.
(b)
Mandatory Water Restrictions. If mandatory water restrictions are declared, the Director shall issue a public notification of the nature of the restrictions.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
The City shall be responsible for the integrity, safety, and continuity of the water system. As a condition of the utility service agreement the property owner shall grant the City the authority to make inspections at any reasonable time if the City or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect the condition or to perform any duties imposed upon the City by this code, provided the City shall first make reasonable efforts to contact the owner or person responsible for such property.
The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this code, and regulations and procedures adopted hereunder. Any expense incurred by the water utility to abate such condition shall be the responsibility of the owner(s), in accordance to the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any cost in collection.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
The City shall be responsible for all domestic and commercial meters under its jurisdiction.
Where the accuracy of the reading of a water meter is questioned, the meter shall be removed at the customer's request and tested. The test may be performed in the owner's presence if requested. A written test report will be made. If the test discloses an over registration error by more than three percent (3%) in the meter registry, the excess of the consumption on the three (3) previous readings shall be credited to the customer's utility account. In the event that the meter is found to be under registering by more than three percent (3%) in the meter registry, the average loss of consumption of the previous three (3) readings shall be billed to the customer's utility account. For meter tests in excess of one (1) within a twelve (12) month period, the customer shall pay for each additional test.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
When excessive consumption periodically overloads the capacity of a meter supplying service to any premises, the Director shall determine the size of the service pipe from the main and the size of the meter necessary to give proper service without damage to the meter and shall notify the property owner of the requirement for replacement. The replacement of service connection shall be at the expense of the property owner. Failure on the part of the property owner to comply with the requirement within thirty (30) days shall be cause for the termination of water service until such requirement has been met.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019; Ord. 4309 § 2 (in part), 1991)
Any person or owner receiving water service shall not waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use the water for purposes other than those named in the application. Violation shall constitute grounds for the discontinuation of water service. A discontinuance of water service notice will be sent to the customer giving them ten (10) days from the date of the notice to correct the problem or the service will be terminated.
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019; Ord. 4309 § 2 (in part), 1991)
It shall be unlawful for any person to violate the following:
(a)
Tampering. It shall be unlawful for any person, unless duly authorized by the City, to disturb, repair, interfere with, or damage any water source, water main, pipe, machinery, tools, meters, hydrant, or any building, improvement, or other appurtenances belonging to, connected with, or under the control of the City.
(b)
Contamination. It shall be unlawful for any person to contaminate, bathe in, or fish in any water system of the City.
(c)
Water Use During Emergency. It shall be unlawful for any person receiving water from the City to knowingly use water for lawn or garden sprinkling and irrigation purposes on any premises during the progress of a fire or any other emergency condition after notice of such restriction.
(d)
Obstructing Water Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any water meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or other materials; parking or standing vehicles, constructing fences, planting shrubs, or any other obstruction within five (5) feet of any water meter or hydrant.
(e)
Connection to Unauthorized System. It shall be unlawful to connect the water system to any premises or use not authorized through a service application. This includes connecting an adjoining property or building with a garden hose or some other means to bypass the purchase of a meter or service for that property.
(f)
Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City properties posted as restricted property and facility lands without authorization by the Mayor or the Director.
(Ord. 4454 § 1 (in part), 1994; Ord. 4309 § 2 (in part), 1991; Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)
(a)
Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which monetary penalty may be assessed and abatement may be required as provided therein.
(b)
In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC § 1.12.020(2).
(Ord. 5250 § 1 (in part), 2014; Ord. 5376 § 2 (in part), 2019)