[HISTORY: Adopted by the Town Board of the
Town of Henrietta as indicated in article histories. Amendments noted
where applicable.]
[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.
APPLICANT
CONSUMER
MAIN or WATER MAIN
OWNER
PLUMBER
SERVICE or SERVICE PIPE
TOWN BOARD
WATER DISTRICT
WATER METER
Definitions. As used in these rules and regulations,
the words and phrases listed below shall be hereby defined to have
the following meanings:
Any person or corporation making a request, in writing, for
service to be rendered or furnished by the Henrietta Water District.
The person or corporation legally responsible for payment
of charges for water or other facilities and services furnished by
the Henrietta Water District.
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.
The person or corporation owning the property to be served,
or the authorized agent of such persons or corporations.
A plumber who is properly licensed and registered in the
Town of Henrietta.
A water service pipe supplying water from a street main to
an individual property.
The Town Board of the Town of Henrietta, Monroe County, New
York, or its duly authorized representative.
The Henrietta Water District and all extensions, Town of
Henrietta, Monroe County, New York.
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.
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:
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; 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
up to a maximum amount of $1,000.