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§ 51.40 INTERRUPTION OF ELECTRIC SUPPLY/SERVICE.
   (A)   Continuity of supply.
      (1)   Avilla will use reasonable diligence in providing regular and uninterrupted supply of energy; but, if the supply should be interrupted or fail by reason of accidents, emergencies, maintenance requirements, strikes, acts of God, legal process or procedure, Federal, State or Municipal action or interference, extraordinary repair or for any cause whatsoever not within the control of Avilla, Avilla shall not be held liable for damage, and such interruptions or failures shall not invalidate any of the covenants of the contract.
      (2)   Similarly, due to the inherent nature an electric utility, it’s load requirements and protective devices, momentary operations occasionally will cause brief interruptions in electrical supply. Protection against such occurrences, such as unified power supplies, are customer’s responsibility if they so desire to use such devices.
      (3)   In any case of deficiency of supply or any trouble with the electric service, notice shall be given promptly to the office of the Avilla Municipal Electric Department or the Avilla Police Department.
   (B)   Load curtailment.
      (1)   If for any reason, sufficient amounts of electric power, in the judgment of Avilla, are not available to Avilla to meet all existing and reasonably anticipated demands for service or to protect integrity and stability of the system, Avilla reserves the right to restrict, limit or curtail electric service to any of its customers. Under these conditions appeals for voluntary curtailments of loads will be initiated.
      (2)   If supplies of electric power are not sufficient after the above named appeals for voluntary curtailment of load, Avilla reserves the right to order further electric service curtailment either by a priority of service system or interruption of selected circuits. Priority of service will be as follows (the highest priority as Class 1 and the lowest as Class 5):
         (a)   Human health needs, including governmental;
         (b)   Residential and living quarters;
         (c)   Commercial and industrial;
         (d)   Schools, colleges, universities, and other educational institutions;
         (e)   Dispensable users and surplus capacity power.
      (3)   Avilla reserves the right to order electric service curtailment without regard to priority of service when, in its sole judgment, such curtailment is required to forestall imminent and irreparable injury to life, property or the electric system. In the event mandatory curtailment is imposed, selective short-term service interruptions (generally two hours or less) by operation, on a rotational basis, of distribution switching equipment to effect the necessary electric power curtailment.
(Ord. 1406-6-02, passed 6-18-2002)
§ 51.41 RESIDENTIAL SERVICE CLASSIFICATION AND LIMITATIONS.
   (A)   Classification and limitations.
      (1)   Residential service is only applicable for service supplied to what is ordinarily designated and recognized as individual single-family, residential, home or farmhouse use, including apartments, mobile homes and other individual single-family dwelling quarters or units. Where service is supplied through one meter to more than a single-family dwelling unit or living quarters or apartment, see elsewhere under “Multiple Dwelling Units” as to billing and other requirements.
      (2)   The term RESIDENTIAL SERVICE includes service to:
         (a)   The separate dwelling-units in an apartment house, but not the halls, basement or other portions of such building common to more than one such unit.
         (b)   The premises occupied as the living-quarters of five persons or less who unite to establish a common dwelling-place for their own personal comfort and convenience on a cost-sharing basis.
         (c)   The premises owned by a church designated or set-aside and used as the residence of a priest, rabbi, pastor, nun or other clerical/church employee.
         (d)   Private dwellings in which a person residing therein occasionally uses space for the conduct of business.
      (3)   The term RESIDENTIAL SERVICE does not include service to:
         (a)   Premises that are institutional in character including clubs, fraternities, orphanages or group homes;
         (b)   Premises defined as a rooming or boarding house in the Avilla Municipal Code.
         (c)   The space in an apartment or other residential building primarily devoted to a professional or other office, studio or other gainful pursuit.
         (d)   The portion of an apartment house considered common to all occupants, such as halls, basements, and the like.
      (4)   The election made by customer shall continue for a period of 12 months and thereafter until customer shall notify Avilla, in writing, of his election to have the selected classification changed. Each such election subsequent to the initial election shall continue for a 12-month period and thereafter until customer again notifies Avilla in writing, of his election to change his selection of the classification of such service.
      (5)   In borderline cases, in which the principal use of energy will be for residential purposes, but it is desired to utilize a small amount of energy for non-residential purposes, such nonresidential use will be permitted only when the equipment for such use is within the capacity of one 120 volt, 30 ampere branch circuit (or less than 3,000 watts capacity) and the non-residential consumption is less than the residential use on the premises. When the non-residential equipment exceeds the above stated maximum limit the entire nonresidential wiring must be separated from the residential wiring, so that it may be metered separately, and the non-residential load will be billed under the appropriate commercial service rate.
   (B)   Residential heating service. Residential heating service is applicable under Rate Code 16 for house heating service where the house heating service installation conforms to the specifications and conditions hereinafter set forth.
      (1)   All electric space heating equipment shall consist of a permanent installation to be approved by Avilla with maximum connected kVA explicitly stated.
      (2)   The electric heating equipment may consist of either individual room resistance space heating units installed in each room, or reversed cycle refrigeration “heat pump” units, or central “furnace-type” units, not to exceed 25 kVA.
      (3)   The entire heating installation (including heating units, wiring ducts, controls, building insulation, and the like) shall be installed strictly in accordance with Avilla’s Standards available at the Avilla Municipal Electric Department Office. The Standards specify, among other things, that the minimum approved insulation for any electrically heated home shall have a thickness of not less than eight inches for outside ceiling areas and installed with an approved vapor barrier.
      (4)   For concrete slab floor construction next to earth, two inches of effective edge and waterproof perimeter insulation shall be installed, extending not less than 24 inches below the floor slab.
      (5)   Where the home is heated by means of individual resistance heating units (ceiling and baseboard) the temperature of each room shall be controlled by means of individual thermostats installed in each room.
      (6)   Where the home is heated by means of a circulation hot water heating system, using a centrally located electric resistance operated hot water heating unit and if the aggregate rated capacity of the hot water heating unit that can be in operation at any time exceeds 10 kWH with a maximum limit of 25 kWH, the charges as set forth in Rate Code 16 shall apply.
   (C)   Service to multiple dwelling units. Where electrical energy is supplied through one meter and billed to one residential service customer and serving two, but not more than three, separate dwelling units, and when the entire use of the service is for residential purposes, customer shall, by written application to Avilla, elect whether:
      (1)   The service will be classified as residential, in which case, for billing purposes, customer charge of the residential rate shall be multiplied by the number of living quarters served through the meter; or
      (2)   The service shall be classed as non-residential (commercial), in which case, for billing purposes; the applicable non-residential rate shall be applied on the basis of a single customer.
      (3)   This rule has no application to rooming houses, which will be served only under the applicable non-residential service rate.
(Ord. 1406-6-02, passed 6-18-2002)
§ 51.42 NON-RESIDENTIAL OR COMMERCIAL SERVICE CLASSIFICATION AND LIMITATIONS.
   (A)   Three-phase service - minimum installation. Three-phase service will be supplied only where Avilla has the lines available, but no connection will be made for less than five horsepower, nor will the bill be based upon less than four kilowatts.
   (B)   Determination of customer’s demand.
      (1)   The monthly kVA billing demand shall be normally determined by measurement of taking the highest 15 minute integrated, or equivalent thermal kW capacity, and dividing same by the average monthly power factor, as may be determined by a ratcheted kVARh meter, or by the average monthly power factor, as may be determined by Avilla via periodic tests using suitable metering equipment. The monthly kVA billing demand may also be determined by means of other suitable indication or recording metering equipment. All kVA billing demand shall be determined to the nearest whole kVA.
      (2)   The billing demand may be adjusted where highly fluctuating or intermittent loads (such as welding machines, electric furnaces, hoists, cranes, elevator, x-ray equipment, and the like) are in operation by customer. Avilla reserves the right to determine the billing capacity by averaging customer’s total load over a two-minute period.
      (3)   Customer’s demand upon Avilla’s facilities will be determined by permanently installed meters of suitable design. Any demand resulting from unusual conditions, not conducive to practical or accurate metering, will be estimated and added, for billing purposes, to the measured demand.
      (4)   When more than one demand meter is used to determine customer’s demand upon Avilla’s facilities, the kilowatts of demand that are used in computing the bill shall be based upon:
         (a)   The sum of the maximum demands of the several meters, without any consideration of their time of occurrence in the month, when the use of more than one meter is required by customer; or
         (b)   The sum of the simultaneous demands of the several meters, as near as can be reasonably determined, when the use of more than one meter is required by Avilla.
      (5)   The billing demand applicable for all customers shall be based upon the total demand established by customer in the month being considered, but with the further provision that the demand charge shall not be based upon less than 60% of the highest demand established in any of the immediately preceding 11 months, or less than the minimum demand provided for in the applicable rate.
      (6)   The billing demand applicable for service shall be determined as is stated in the rate available for that service.
   (C)   Voltage measurement and billing. All measurements will be made at the voltage stated in the rate, unless it is necessary and practical that Avilla measure at some other voltage. All bills will be computed at the voltage stated in the rate.
(Ord. 1406-6-02, passed 6-18-2002)
§ 51.43 EXCLUSIVITY OF SERVICE.
   No other source of electric light or power supply shall be used by customer on the same installation in conjunction with Avilla’s supply. Exceptions to the above may be made for auxiliary power supply and only through suitable switches to insure that customer’s emergency generation is isolated from Avilla’s lines at all times.
(Ord. 1406-6-02, passed 6-18-2002)
§ 51.44 MODIFICATION OF CONTRACTS OR AGREEMENTS.
   No promise, agreement or representation of any agent of Avilla, made either before or after the signing of the contract, shall be binding upon Avilla, unless the same shall have been incorporated in the contract in writing before the contract is signed and accepted by the proper authority of Avilla.
(Ord. 1406-6-02, passed 6-18-2002)
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