Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building and development — See Ch. 48.
Drainage — See Ch. 84.
Fire prevention — See Ch. 119.
Plumbing — See Ch. 198.
Sewers — See Ch. 219.
[Adopted 2-5-1986]
A. 
The following rules and regulations adopted by the Town Board of the Town of Henrietta, Monroe County, New York, shall be part of the contract with any person, firm or corporation supplied with water by Henrietta Water District No. 1 and all extensions thereto.
B. 
Each and every person, firm or corporation supplied with water or whose property is supplied with water shall be required to comply with the following requirements.
A. 
General conditions.
(1) 
No person, firm or corporation, unless specifically authorized by the Water District, shall tap, make any attachment or connections with the water main or the water meter or in any way interfere with the same for any purpose whatsoever.
(2) 
The town or Water District shall not be liable for any loss or damage to property or persons which may arise or be caused by any increase or decrease in water pressure or for any damages arising from any impurities in said water.
(3) 
The duly authorized representative of the Water District shall be accorded access to the premises of the consumer at any reasonable time for the purpose of inspecting water pipes or fixtures and reading or repairing water meters.
(4) 
No consumer shall make any arrangements for or permit water to be taken from or through any pipe or supply under the jurisdiction of the Water District for use by any other person. Each of the premises to which water is supplied shall be connected to the water main by a separate service pipe.
B. 
Definitions. As used in these rules and regulations, the words and phrases listed below shall be hereby defined to have the following meanings:
APPLICANT
Any person or corporation making a request, in writing, for service to be rendered or furnished by the Henrietta Water District.
CONSUMER
The person or corporation legally responsible for payment of charges for water or other facilities and services furnished by the Henrietta Water District.
MAIN or WATER MAIN
A water main in a public street, right-of-way or easement and supplying or capable of supplying water to more than one parcel of property.
OWNER
The person or corporation owning the property to be served, or the authorized agent of such persons or corporations.
PLUMBER
A plumber who is properly licensed and registered in the Town of Henrietta.
SERVICE or SERVICE PIPE
A water service pipe supplying water from a street main to an individual property.
TOWN BOARD
The Town Board of the Town of Henrietta, Monroe County, New York, or its duly authorized representative.
WATER DISTRICT
The Henrietta Water District and all extensions, Town of Henrietta, Monroe County, New York.
WATER METER
An instrument (supplied by the town for a fee) for recording the quantity of water used at a property in which water service is provided by the town.
A. 
General rules.
(1) 
No service shall be installed or trench opened or excavation made upon public highways except under the supervision of the Water District and before permits are secured from the public office having jurisdiction to issue the same. All services shall be a minimum of five feet in depth and trenches of sufficient width to allow inspection. Except with special permission of the Water District, all services under pavements must be installed by means of boring equipment; no open cuts will be permitted. Services under pavements must be at least five feet below the top of the pavement. The safety provisions of applicable laws, building and construction codes shall be complied with. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Occupational Safety and Health Act to the extent that such provisions are not in contravention of applicable laws.
(2) 
All water service connections shall conform to the relevant local and/or state plumbing codes.
(3) 
Service pipes from the corporation stop to the curb stop and from the curb stop to the water meter shall be installed and paid for by the owner or applicant at his expense, and all work shall be inspected by a duly authorized agent of the Water District before the pipes are covered. Such service pipes two inches or less in diameter shall be Type K copper and not less than one inch in diameter. Service pipes larger than two inches shall be cement-lined ductile iron pipe or other similar material approved by the Water District. Corporation stops, curb stops, curb boxes and other fittings shall be of the types used in the construction of the water system unless otherwise approved by the Water District. After inspection and acceptance of the service installation, the trench to the curb box shall be backfilled. Backfilling shall be tamped or compacted in an approved manner, if required. Repairs to pavement and other damage to public facilities shall be made by the owner or applicant at his own proper cost and expense.
[Amended 6-20-2001 by L.L. No. 3-2001]
B. 
Residential. The following rules shall apply to individual single-family residential units:
(1) 
The owner shall submit to the Water District the provided application form and required fee. The fee will include all costs incurred by the Water District for tapping the main and providing and connecting the water meter.
(2) 
Water service will be turned on at the request of the owner upon satisfactory completion of all required work by the homeowner's plumber. The Water District will assume the piping and fixtures which the service will supply are in proper order to receive the same. The Water District will not be liable in any event for any accident, breaks or leakage arising in any connection with the supply of water or failure to supply the same.
C. 
Commercial and industrial. The following rules shall apply to commercial and industrial facilities, including multiple-family dwellings:
(1) 
Prior to the Water District providing service, all commercial and industrial developments must satisfy the requirements of this article, Chapter 119, Fire Prevention, and the Town of Henrietta water standards.
(2) 
All cross-connection prevention criteria shall be satisfied as per § 285-13, Cross-connection control.
(3) 
Water service will be turned on at the request of the property owner upon payment of all required fees, receiving all approvals and installation of the water meter.
A. 
Application for water service shall be made in writing to the Water District on the form provided. On acceptance by the Water District, the application shall constitute a contract between the Water District and the applicant obligating the applicant to pay the Water District its established rates and charges and to comply with its rules and regulations.
B. 
Applications will be accepted subject to there being an existing main in a street or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the Water District to extend its mains to service the premises excepting as provided in § 285-14, Main extensions.
C. 
When the application has been filed with the Water District and advance payment made for the charge of tapping the water main and installing the water meter, the Water District will tap the water main and install the water meter. The owner will install the service from the corporation stop to the building shutoff valve and excavate and backfill the trench or provide a boring, if required, suitable for service installation from the corporation stop at the water main to the meter location. The Water District will make a service charge to include tapping the water main, the meter and the inspection of the entire installation. Service charges as established from time to time by the Town Board are on file with the Town Clerk. That portion of the service installation from the water main to the curb stop shall be maintained by and remain under control of the Water District. All charges shall be paid by the owner or the applicant in advance of installation.
D. 
Application of builders, contractors, real estate developers and others for temporary water service will be supplied, provided that it does not interfere with use of water for general purposes. The quantity of water taken for such purposes shall be determined by meter and shall be paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the District for all its expense in connection with providing and removing the necessary temporary service connections.
E. 
No agreement shall be entered into by the Water District with any applicant for service until all charges due from the applicant for water or services at any premises now or heretofore owned or occupied by him which are in arrears shall have been paid.
A. 
Service installation and maintenance. The owner of a parcel of property is responsible for the installation and any necessary replacement of the entire water service pipe supplying water to that parcel from the connection with the street main into the property. The owner is responsible for all necessary repairs of the water service pipe from the curb valve into the property. (The Water District will provide necessary repairs to the service pipe between the connection with the street main and curb stop.) Where there is no curb stop, the property owner is responsible for all repairs from the connection with the street main into the property. The Water District may, by written notification, require a property owner to make necessary repairs to a leaky or defective service, if such repairs are the responsibility of the owner.
B. 
Plumbing work. For work which is the responsibility of the property owner, the owner shall arrange with a private plumber, properly licensed in the Town of Henrietta, for such work to be performed. The owner shall be responsible for all necessary permits to be obtained and all necessary fees paid. The owner shall bear the full cost of such work, including the cost of any necessary street or sidewalk restoration.
C. 
Meters. The property owner is responsible for seeing that the meter installed by the Water District is not removed, illegally bypassed or tampered with and that any bypass valve is not opened, except by the Water District. The owner is responsible for safeguarding the meter and shall be charged for any damage, loss or theft of the meter.
D. 
Water consumption. The owner is responsible for seeing that all water delivered to the property is properly registered on a meter and is paid for. An owner of any parcel of property which is connected to the town's water distribution system shall be deemed to accept water service to the parcel on the terms and conditions specified in the Town Code, state law and all duly promulgated rules and regulations. If the town fails to issue water bills for a period of time, the owner is still liable for water consumed on the premises and shall be responsible for paying all water bills which may subsequently be issued.
A. 
Fire services shall be designed and installed in accordance with the Town of Henrietta standard specifications for water systems and Chapter 119, Fire Prevention, and shall be reviewed by the Fire Marshal.
B. 
All fire services shall be equipped with a detector check valve and bypass meter. Fire service shall be used only for fire protection. If the utilities administrator or appropriate department head determines that it is possible for water to be used for other than fire protection, he may require the property owner to install a mainline meter in the service with cross-connection devices as specified in § 285-13.
A. 
Fire hydrant design and installation shall comply with the Town of Henrietta standard specifications for water distribution systems and requirements of Chapter 119, Fire Prevention. The Fire Marshal shall review and approve all plans for new developments.
B. 
All fire hydrants are under the control of the Water District. No person except an employee of the Water District, a member of a fire department or a person permitted by the Water District in writing (revocable at any time) shall take water from or disturb any fire hydrant.
C. 
No person shall place any obstruction that will prevent free access to any fire hydrant.
D. 
No person, except those authorized by a fire department, shall use any device for opening any hydrant, except a wrench furnished by the Water District for that purpose.
E. 
An application may be made to the Water District for a permit to take water through a fire hydrant. If such a permit is granted, an extension nozzle, meter and wrench will be provided by the Water District to the applicant, and all water taken from the hydrant shall be taken through such nozzle. The nozzle, meter and wrench shall be returned to the Water District upon expiration of the permit. A monthly fee shall be charged for each hydrant permit, and a refundable deposit shall be required for each nozzle, meter and wrench taken. In addition, the applicant shall pay either the minimum hydrant water consumption charge or a metered water consumption charge at the regular metered consumption rate, at the discretion of the Water District.
A. 
General.
(1) 
All water for residential, commercial and industrial purposes shall be metered.
(2) 
All water meters shall be supplied by the Water District. All meters and meter connections shall at all times remain the sole property of the Water District and shall not be interfered with in any respect.
B. 
Installation.
(1) 
All meters shall be furnished and installed by the Water District or a licensed plumber.
(2) 
Wherever possible, meters shall be located in the basement or utility room at the place of entry of the water service to the premises. Such place shall be readily accessible to employees of the District for the purpose of reading the meter, inspection and repair. Meters shall be located so that there are no takeoffs in front of them and shall be adequately protected from freezing. When possible, the water meter and backflow prevention device shall not be placed under or in close proximity to any electrical power box or electrical fixtures.
(3) 
Where a commercial or industrial building is located more than 100 feet from the street, the Water District may require the meter to be housed in a vault outside the building but inside the property line, instead of inside the building. Where the Water District deems that a meter would not be safe and secure if it is located within the building or that access by a meter reader will be difficult, the Water District may require the meter to be installed in a meter vault. Plans for meter vault construction shall be submitted to the Water District for approval prior to construction. Vaults shall be constructed and maintained by and at the expense of the property owner.
(4) 
A bypass around the meter shall be installed by the owner if required by the Water District. The design of the bypass shall be submitted to the Water District for approval prior to installation. The Water District may require a meter to be installed in the bypass by and at the expense of the property owner. If the bypass is used, the Water District shall be notified within 24 hours of opening the bypass valve. No connections shall be made to the bypass.
C. 
Maintenance and testing.
(1) 
All meters will be maintained by and at the expense of the Water District insofar as ordinary wear and tear are concerned, but the consumer will be held responsible for damage due to freezing, hot water or other external causes. In case of damage, the Water District will repair the meter, if necessary, replacing it with another, the total cost of which shall be paid by the consumer or owner.
(2) 
The Water District reserves the right, at all times, to inspect, test, clean, repair, remove and replace any meter at any time and to substitute another meter in its place. In the case of a disputed account involving the question of accuracy of the meter, such meter will be tested by the Water District upon request of the consumer or owner. All complaints about the accuracy of meter registration or water bills on which an overcharge is claimed must be made at the office of the Water District within 15 days after such bill has been received or delivered to the premises of the consumer. The Water District may correct any charge due to a fault in the meter or to incorrect dial reading. Bills on which no complaints have been filed within 15 days after receiving the same or delivery to the premises involved are to be paid as rendered.
(3) 
If a seal on a valve, meter or other fitting is broken, it shall be presumptive evidence that the water consumption has not been properly registered on a meter. If a seal is broken, it shall be resealed by the Water District, and the property owner may be charged a fee for resealing. No fee shall be charged if the seal was broken accidentally and the Water District is notified within 24 hours.
(4) 
The town or Water District shall not be liable for damages to any premises caused by flooding in connection with the removal of any meter.
A. 
Metered.
(1) 
Periodic bills. Periodic bills shall be issued by the town for water consumption on all active services. Each bill for a service other than a fire service shall include a base charge and a consumption charge.
(2) 
Meter readings. Consumption charges shall be based on metered consumption, as determined by periodic meter readings taken by the Water District. Meters will generally be read quarterly.
(3) 
Estimated bills. If a meter reader cannot gain access to the meter for a scheduled reading, an estimated bill may be issued, based on past metered consumption. Estimated bills may be escalated by up to 10% beyond past consumption, to reflect the possibility of leakage. If a valid meter reading is obtained subsequent to the issuance of an estimated bill, the account shall be adjusted as necessary to reflect actual consumption. If no subsequent valid meter reading is obtained, the estimated bills shall stand as originally issued.
B. 
Calculated.
(1) 
Conditions. Water consumption charges may, at the discretion of the Water District, be calculated when any of the following conditions are discovered in accordance with Subsection B(2) of this section:
(a) 
There is no meter.
(b) 
The meter is stopped.
(c) 
The meter is illegally bypassed.
(d) 
A bypass valve is open.
(e) 
A bypass seal is broken.
(f) 
The meter is installed in reverse direction to flow.
(g) 
Any other condition which, in the judgment of the Water District indicates that the meter may not have been functioning properly or that the consumption may not have been accurately registered on the meter.
(2) 
Procedure. The metered consumption on the premises for either a prior or subsequent period of time, at the discretion of the Water District, shall be used as the basis on which to calculate consumption for the period of time for which the above-listed conditions existed. A calculated bill shall be issued covering the period of time for which the above-listed condition existed.
A. 
General. All water charges imposed pursuant to this article of the Town Code shall be a debt and personal obligation of the owner of the parcel of property to which the water was supplied.
B. 
A penalty to 10% of the amount due shall be added to all bills if not received by the due date as printed on the bills, except in such cases as when the postmark is on the due date even though the payment is not received on the actual due date.
C. 
All delinquent bills and penalties unpaid on September 30 of each year shall be added to the Monroe County property tax bill of the property on which the water charge was incurred.
A. 
Conditions. The water supply to a property may be shut off by the Water District when any of the following conditions have not been corrected after notification by the utility administration within 10 days of notification:
(1) 
A leaky or defective service pipe.
(2) 
Improper or deteriorated piping at the water meter.
(3) 
No safe access to the water meter.
(4) 
Refusal to allow access to meter for reading at least once a year.
(5) 
Refusal to allow access to meter for servicing.
B. 
Immediate shutoff. Where a leaky or defective service pipe is causing damage or a hazardous condition, the water may be shut off as soon as the leak is discovered.
C. 
Temporary. The owner of an unoccupied parcel of property may request in writing to the Water District that water service be discontinued. Upon such request and with the cooperation and assistance of the owner, the Water District shall turn off the water at the curb stop and shall take such further steps as may be necessary to assure that no water is supplied to the premises.
D. 
Permanent. Any person requesting permanent water shutoff shall be required to do so in writing to the Water District.
A. 
Town will attempt to thaw. Upon receipt of a request from an owner or occupant of premises with a frozen water service, the Water District shall attempt to thaw frozen service. If the attempt is not successful, the Water District shall direct the owner to make the necessary improvements at his expense to alleviate the freezing problem. If corrections are not made by the owner and the Water District is called beyond the initial visit, the corrections will be made by the Water District and charged to the owner's water bill for all expenses incurred by the Water District. There will be no charge for the initial visit.
B. 
Liability. The town shall bear no liability for defects in the water service prior to or resulting from its freezing, unless the defects were caused directly by the actions of the Water District.
A. 
Policy.
(1) 
In the interest of public health and in accordance with Part 5, New York State Sanitary Code, Subpart 5-1, Public Water Supplies, Section 5-1.31, the Water District will not permit its mains or services to be connected directly or indirectly with potential sources of contamination.
(2) 
The degree of protection shall be commensurate with the degree of hazard. The degree of hazard shall be categorized as being either hazardous, aesthetically objectionable or nonhazardous.
(3) 
Single-family residential units and small stores with simple plumbing systems shall comply with the New York State Uniform Fire Prevention and Building Code applicable to plumbing requirements for internal cross-connection control.
[Amended 6-20-2001 by L.L. No. 3-2001]
(4) 
Nonresidential developments shall employ containment cross-connection control which requires the installation of an acceptable backflow prevention device. Such devices shall be designed by a registered professional engineer of the State of New York and comply with the regulations of the New York State Department of Health.
(5) 
Testing and maintenance records shall be kept by the Water District for each required backflow prevention device.
(6) 
All plans and specifications relating to cross-connection control shall be reviewed and approved by the Water District, Monroe County Department of Health and New York State Department of Health.
(7) 
The Water District reserves the right to inspect any existing facility, at any reasonable time, in order to determine if a hazard exists due to an actual or potential cross-connection between the town water system and any potential source of contamination. Hazardous cross-connections shall be promptly eliminated employing an approved backflow prevention device. All costs of design, installation and maintenance shall be borne by the property owner. If a required backflow preventer is not installed within the period of time set by the Water District based on the degree of hazard and applicable state health laws, the supply of water to the premises may be shut off by the Water District until the installation is completed.
B. 
Cross-connection hazard. The following partial listing indicates types of facilities which are deemed to be especially likely to have cross-connection hazards:
(1) 
Sewage and industrial wastewater treatment facilities.
(2) 
Paper manufacturing or processing and printing plants.
(3) 
Chemical manufacturing or processing plants.
(4) 
Food-processing and meat-packing facilities.
(5) 
Ice manufacturing and commercial refrigeration facilities.
(6) 
Hospitals, medical buildings, laboratories and mortuaries.
(7) 
Metal manufacturing, cleaning and fabricating plants.
(8) 
Film laboratories.
(9) 
Laundries and dry-cleaning establishments.
(10) 
Commercial car washes.
(11) 
Commercial greenhouses and irrigation systems.
(12) 
Boiler systems and internal fire-fighting systems.
(13) 
Auxiliary water systems, such as wells.
C. 
Testing and maintenance.
(1) 
The property owner, at his own expense, shall disassemble and overhaul the backflow prevention devices every five years.
(2) 
The property owner shall submit reports of inspection and testing yearly to the Water District and the Monroe County Department of Health within 30 days of completion, using Form GEN-215, New York State Department of Health Report on Annual Test and Maintenance of Backflow Prevention Device.
(3) 
The initial inspection and test shall be done by the Water District Certified Tester within 45 days of installation. The property owner will be billed for the Water Department's inspection and testing.
(4) 
The Water District shall be notified of all corrective repairs to prevention devices. Tests shall be made after each repair. The property owner shall keep an updated inspection and repair log on the premises.
(5) 
Persons doing the backflow prevention device testing must be trained and competent in this specialized area.
A. 
Application. Builders, contractors or real estate developers proposing water main installations or extensions shall comply with all requirements in the Town of Henrietta water systems standards. The Water District shall not allow the installation of water mains until all plan review and preconstruction requirements are satisfied.
B. 
Size and type. The Water District reserves the right to determine and specify the diameter and type of pipe required to adequately provide the service requested and, subject to the requirements of municipal authorities, its location within or without the limits of a street. The Water District reserves the right to determine the minimum size of any service main.
C. 
Installation. If the builder, contractor or real estate developer shall extend or install mains, he shall provide his own materials at his sole expense. The Water District reserves the right to specify certain valves, hydrants, pipe material and other materials to be used in the project in accordance with the Town of Henrietta water systems standards. All work of such builder, contractor or real estate developer shall be subject to Water District inspection and approval. All installations by a builder, contractor or real estate developer shall be completed in conformity with the approved plans and specifications.
D. 
Easements. In the event that easements or rights-of-way are required for the installation and maintenance of the extensions or subsequent additions thereto, the applicant shall provide the Water District with the required information specified in the Town of Henrietta water systems standards. The Water District shall not permit the applicant to commence construction until easement and right-of-way agreements have been properly executed.
E. 
Title. Title to all main extensions except private water mains, by whomever installed, including all service connections between the main and curb boxes, shall be dedicated to the Water District. The Water District shall have the right to further extend any main installed in and to other streets or premises without repayment or refund to any applicant.
F. 
Maintenance. The Water District, at its own expense, will maintain the mains owned by the Water District used to supply water to its customers.
A. 
General. The Water District undertakes to use reasonable care and diligence to provide a constant supply of water at a reasonable pressure to all consumers but reserves the right, at any time, without notice, to shut off the water in its mains for the purpose of making repairs and/or extensions or for any other purpose, and it is expressly agreed that the Town Board and the Water District shall not be liable for a variation, deficiency or failure in the supply of water or the pressure thereof for any cause whatsoever or for any damage caused thereby or by the breaking or bursting of any main or service pipe or any attachment to the Water District system. All consumers having boilers upon their premises which are dependent upon the pressure in the Water District mains are cautioned against danger of collapse or lack of water, and all such damage shall be borne exclusively by the consumer.
B. 
Nontoxic impurities. The Water District makes no guaranty that its water will be free at all times of rust or other nontoxic impurities. Any property owner or occupant, either residential, commercial or industrial, who requires water of high purity is responsible for the installation and expense of any necessary filters or treatment equipment.
C. 
Shortage. The Water District reserves the right, if need be, in periods of drought or emergency, to restrict the use of water for sprinkling to particular hours determined by the Town Board or to prohibit it entirely. Such rules may include provisions imposing penalties for violation of the rules up to $500 per violation.
Water rates and other Water District fees will be periodically reviewed and fixed by the Town Board as the Board deems necessary.
[Amended 6-20-2001 by L.L. No. 3-2001]
Any violation of these rules and regulations constitutes a misdemeanor and will subject the offender to a fine not exceeding $1,000 or imprisonment for not more than one year, or both, and to prosecution by the proper authorities.