(a) Definitions. In this section, the following words have the meanings indicated.
(1) "Backflow preventer" means a device or means used to prevent the flow of gas, liquids, solids, or other substances into the public water supply.
(2) "Permit holder" means a person or a duly authorized representative of a person who is issued a fire hydrant connection permit under this section.
(3) "Privately-owned meter" means a water meter that is not owned by the County.
(b) Scope. This section does not apply to the Fire Department or to an established Volunteer Fire Department.
(c) Permit for connection to public fire hydrants. A person may not operate, use, or make a connection to a public fire hydrant without a fire hydrant connection permit issued by the Department. To obtain a fire hydrant connection permit, a person shall submit an application on a form provided by the Department and shall pay the permit fee set forth in § 13-5-904. A separate permit application and fee is required for each water meter. A permit may not be issued to a person who has any outstanding violations of this section or who owes any past due fees or charges under this section. Upon approval of an application for a fire hydrant connection permit, the Department shall issue a permit and a Department representative shall place a tag containing the permit number on the water meter approved for use under the permit.
(d) Water meters. If a fire hydrant connection permit is issued, the permit holder shall use only the water meter and backflow preventer approved by the Department in the permit. A permit holder may rent a water meter from the County upon payment of the rental and deposit rates set forth in §§ 13-5-904 and 13-5-905, or may use a privately-owned meter if the meter is inspected and approved by the Department. If the Director determines it is in the best interest of the County, the Department may prohibit the use of privately-owned meters for connection to fire hydrants and may establish a policy under which the County may purchase privately-owned meters to rent to permit holders.
(e) Permit terms. A fire hydrant connection permit shall be valid through December 31 of the calendar year during which it is issued, unless otherwise indicated in the permit. The permit shall contain the terms of connection and shall indicate the fire hydrants to which connection is authorized. A permit holder may not connect to or draw water from a fire hydrant not authorized for connection in the permit. A permit holder shall comply with the terms of this section and the fire hydrant connection permit.
(f) Permit display; backflow prevention device. A person may not make a connection to or draw water from a fire hydrant unless that person possesses a copy of a valid fire hydrant permit and uses a water meter with a tag matching the permit. A person may not make a connection to or draw water from a fire hydrant without using a properly functioning backflow preventer approved by the Department.
(g) Permit for special water agreements. A written agreement between the County and a person applying for a fire hydrant connection permit shall be executed by both parties before a permit is issued for the purpose of providing an ongoing supply of water that the Director determines to be necessary to mitigate an urgent condition caused by the unavailability or inadequacy of the permit applicant's water supply. The agreement shall set forth the reasons for the connection, the location of the hydrant to which connection is to be made, the applicable time frames for connection, the applicable rates and fees, and any terms and conditions as determined by the Director to be necessary to ensure proper use of water from a fire hydrant.
(h) Water usage and billing. Permit holders shall be billed semi-annually or upon return of a rented meter for all water obtained from public fire hydrants at the rate set forth in § 13-5-805(d). A person who obtains water from a public fire hydrant without a fire hydrant connection permit shall be charged for the amount of water estimated by the Department to have been obtained at the rate set forth in § 13-5-805(d).
(i) Mid-year meter reading. By June 30 of each year, a permit holder shall provide the Department with a meter reading for each meter for which a permit is issued. The permit holder shall thereafter be billed for all water usage indicated by the meter reading.
(j) Annual meter reading; meter return and inspection.
(1) By December 31 of each year, a permit holder shall return a water meter rented from the County to the Department for inspection, calibration, and meter reading. The permit holder shall be responsible for the annual inspection fee if the meter was rented for more than one month, any water meter repair fees, and for any water usage not previously billed to the permit holder. The water meter deposit paid by the permit holder shall be applied towards payment of the charges and if a deposit balance remains it shall be returned to the permit holder. If the water meter deposit is less than the charges, the permit holder shall be billed the amount that exceeds the deposit.
(2) By December 31 of each year, a permit holder shall bring all privately-owned meters for which a permit was issued during the year to the Department for inspection, calibration, and meter reading. The permit holder shall be billed the annual inspection fee, any water meter repair fees, and for any water usage not previously billed.
(k) Sanctions; penalties.
(1) If a permit holder fails to use a backflow preventer on a water meter connected to a fire hydrant or if the Department determines a backflow preventer is in disrepair or malfunctioning, all fire hydrant connection permits issued to that permit holder shall be suspended until a backflow preventer is repaired or installed on the water meter and approved by the Department.
(2) If a permit holder fails to provide a meter reading in accordance with subsection (i), or fails to bring a privately-owned meter to the Department or return a rented meter to the Department in accordance with subsection (j):
(i) all fire hydrant connection permits issued to that permit holder shall be revoked and further fire hydrant connection permits may not be issued until the permit holder complies with this section;
(ii) the permit holder shall be charged a penalty of $10 per water meter beginning 30 days after failing to comply with subsection (i) or (j) and for each subsequent 30 day period for which the permit holder fails to comply with subsection (i) or (j), the permit holder shall be charged an additional $10 penalty until the permit holder complies with subsection (i) or (j); and
(iii) the permit holder shall be charged a semi-annual water usage charge beginning 60 days after failing to comply with subsection (i) or (j), in an amount that is the greater of the average of the permit holder's prior semi-annual water usage charges, or $100, for each semi-annual period until the permit holder complies with subsection (i) or (j).
(3) If a permit holder fails to return a rented meter to the County at the end of the permit term in accordance with subsection (j), the full amount of the deposit fee for the water meter shall be forfeited to the County.
(l) Civil fines. It is a Class D civil offense, punishable by a civil fine as provided by § 9-2-101 of this Code, to:
(1) fail to provide a meter reading to the Department by June 30;
(2) fail to provide a meter reading to the Department by December 31;
(3) fail to return a meter rented from the County to the Department by December 31;
(4) fail to bring any privately-owned meter for which a permit was issued during the year to the Department by December 31; or
(5) violate any other provision of this section or the terms of a fire hydrant connection permit.
(m) Private and County fire hydrants. A three foot clear space shall be maintained around a private fire hydrant and a County fire hydrant, measured from the center of the operating nut on the top of the hydrant. Private fire hydrants shall be painted red with black below the bottom flange in accordance with the paint specifications contained in the County's Standard Specifications and Details for Construction.
(1985 Code, Art. 25, § 25-5-107) (Bill No. 63-04; Bill No. 58-12; Bill No. 61-20)