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1040.11 STANDARD OF ACCURACY.
   Water measuring equipment shall be considered accurate if, when tested, its registration does not exceed two percent more or two percent less than the actual quantity of water passing through it. If the equipment used to measure water volume, record data, and transmit data registers in excess of two percent of the actual quantity of water passing through it, it shall be considered "fast" to that extent. If the equipment registers in excess of two percent less than the actual quantity of water passing through it, it shall be considered "slow" to that extent.
(Ord. 14-01. Passed 10-16-01; Ord. 07-2010. Passed 6-15-10.)
1040.12 BILL ADJUSTMENT.
   If the equipment used to measure water volume, record data, and transmit data has been tested at the request of a consumer and has been determined to register "fast," the City shall credit the consumer with a sum equal to the percent "fast" multiplied by the amount of all bills incurred by such consumer within the two months prior to the test. If the equipment used to measure water volume, record data, and transmit data so tested is determined to register "slow," the Department of Public Works may collect from the consumer a sum equal to the percent "slow" multiplied by the amount of all bills incurred by the consumer for the prior two months. When the Department, on its own initiative, makes a test of the equipment used to measure water volume, record data, and transmit data, it shall be done without cost to the consumer, other than the payment of the amount due to the City for water used by the consumer if the equipment is found to be "slow." If it is found that the equipment used to measure water volume, record data, and transmit data, registers as neither “fast” or “slow”, the consumer is subject to charges as defined in § 1040.09.
(Ord. 14-01. Passed 10-16-01; Ord. 07-2010. Passed 6-15-10.)
1040.13 HYDRANT USE; PERMIT REQUIRED.
   (a)   No person, except an employee of the City in the performance of his duties, shall open or use any fire hydrant, except in a case of emergency, without first obtaining a written permit therefor from the Department of Public Works and paying such fee therefor as may be prescribed.
   (b)   A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 14-01. Passed 10-16-01.)
1040.14 REGULATIONS OF WATER USE.
   (a)   The Director may regulate, limit or prohibit the use of water for any purpose. Such regulations shall restrict less essential water uses to the extent deemed necessary to assure an adequate supply for essential domestic and commercial needs and for fire fighung. No such regulation, limitation or prohibition shall be effective until twenty-four hours after the publication thereof in a newspaper of general circulation in the City. No person shall violate any such rule or regulation.
   (b)   A person who violates this section is responsible for a Class D Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 14-01. Passed 10-16-01.)
1040.15 ADDITIONAL REGULATIONS.
   The Director may make and issue additional rules and regulations concerning the water production facilities and the water distribution system, connection thereto, meter installations and maintenance, connection and meter installation and testing fees, and hydrants and water mains and the appurtenances thereto, not inconsistent herewith. Such rules and regulations shall be effective upon approval by resolution of the City Commission.
(Ord. 14-01. Passed 10-16-01.)
1040.16 INJURY TO SYSTEM OR FACILITIES.
   (a)   No person, shall willfully or carelessly break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the City water distribution system or water production facilities.
   (b)   A person who violates this section is responsible for a Class F Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 14-01. Passed 10-16-01.)
1040.17 CROSS CONNECTIONS.
   (a)   The Water Supply Cross Connection Rules of the State of Michigan’s Primacy Enforcement Agency, being R 325.11401 to R 325.11407 of the Michigan Administrative Code, are hereby adopted by reference.
   (b)   The City of Battle Creek (“City”) shall cause inspections to be made of all commercial and residential properties served by the public water supply where cross connection with the public water supply is deemed possible. The frequency of inspections and reinspections, based on potential health hazards involved, shall be as established by the City and as approved by the State of Michigan’s Primacy Enforcement Agency.
   (c)   City Representatives shall have the right to enter, at a reasonable time, any property served by a connection to the public water supply system of the City for the purpose of inspecting the piping system or systems thereof for cross connections. On request, the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property. The refusal of such information or refusal of access, when requested, shall be deemed evidence of the presence of cross connections.
   (d)   The City is hereby authorized and directed to discontinue water service, after giving reasonable notice to a property owner, to any property wherein a connection in violation of any provision of this chapter exists. The City is authorized to take such other precautionary measures as are deemed necessary to eliminate any danger of contamination of the public water supply system. Water service to such property shall not be restored until the cross connection has been eliminated in compliance with this section.
   (e)   The potable water supply made available on properties served by the public water supply shall be protected from possible contamination as specified by this chapter and by the State Plumbing Code. Any water outlet which could be used for potable or domestic purposes and which is not supplied by the potable system must be labeled in a conspicuous manner as: WATER UNSAFE FOR DRINKING.
   (f)   The owner, lessee or occupant of any property served by a connection to the public water supply system of the City shall have all testable backflow prevention assemblies tested initially upon installation or relocation and after any repair to be sure that the assembly is working properly. Subsequent testing of assemblies shall be on an annual basis as required by the City of Battle Creek and in accordance with the State Plumbing Code and the State of Michigan’s Primacy Enforcement Agency requirements. Residential water customers shall receive a testing notice every 5 years for non- chemically treated lawn irrigation systems. Only individuals that hold an active Backflow Prevention Assembly Tester Certification in accordance with the American Society of Sanitary Engineering (ASSE) Standard 5110 are permitted to test. Tester(s) approved to this standard shall certify the results of their testing.
   (g)   This section does not supersede the state plumbing code but is supplementary to it.
   (h)   A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided Section 202.98.
(Ord. 14-01. Passed 10-16-01; Ord. 03-2017. Passed 4-11-17; Ord. 09-2020. Passed 11-24-20.)
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