(A) Private fire service.
(1) Establishing and maintaining service.
(a) Private fire service for the purpose of supplying water to be used for the extinguishment of fire shall be installed only after submission of the required information, and approval by the town. Private fire service may require approval by the local fire authorities having jurisdiction of the premises to be served by such service at the town's discretion.
(b) Private fire service will not be approved unless there is suitable water volume and pressure available in the main abutting the premises to be supplied by such service.
(c) The town shall approve the size and location of any new connection made to a main for private fire service. The customer shall at its expense install the connection from the main and the town service line from the curb or customer's property line to the customer's premises. The town shall at its expense maintain or replace the connection from the main and the town service line to the curb or customer's property line.
(d) Private fire service shall be furnished through a town service line guarded by an approved fire line meter or detector device. The detector device shall be furnished and installed by the customer at the customer's expense. The fire line meter or detector device shall be located at a point approved by the town. The detector device shall be maintained by and at the expense of the customer subject to the inspection and approval of the town. The by-pass meter used with the detector device or the fire line meter, if installed, shall be furnished, installed and maintained by the town at its expense. Private fire service is subject to all the requirements of § 53.10.
(e) If required by the local fire authorities having jurisdiction of the premises, a gate valve with post indicator controlling the entire supply shall be placed at the curb or property line of the street in which the main is located or at such other point as may be approved by the town and shall be furnished, installed and maintained by and at the expense of the customer and, unless otherwise approved by the town, the valve shall be installed in a valve pit or vault which shall also be furnished, installed and maintained by and at the expense of the customer.
(f) After the commencement of private fire service, the customer must obtain in advance the approval of the town for any change, alteration or addition to the fixtures, openings and uses specified in the agreement.
(g) Private fire hydrants shall not be painted the color adopted by the town for public fire hydrants, and shall be painted a color acceptable to the local fire authorities.
(2) Service provided and limitations of liability.
(a) The private fire service customer shall be entitled to receive, but only at times of fire on the premises, such supply of water as shall then be available from the town's main and no other or greater supply except as otherwise provide herein. The town shall not be considered in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to protect any customers, persons or property against loss or damage by fire and it shall have no liability on account of any injury to property or persons by reason of fire, water used for the extinguishment of fire, or failure of water supply or pressure during a fire.
(b) Notwithstanding the approval by the town, the customer shall be solely responsible for the design, adequacy, function and maintenance of its private fire service system.
(c) Private fire service includes only the water used for the extinguishment of fires and necessary for the testing of the fire service facilities on the premises. Unauthorized use of water for purposes other than those specified will subject the customer to termination of private fire service, and the town may charge a disconnection and reconnection fee as set forth in the town's Rate Schedules and charges for the unauthorized water.
(d) Water service for a customer's private fire system may be discontinued for the reasons set forth in § 53.04, for failure to notify the town promptly in case its seals on valves, fittings, or hydrants are broken, and/or loss of water due to improper maintenance of its system. In addition to termination of service, the town may charge a disconnection and reconnection fee as set forth in this chapter and charges for the lost water.
(3) Protection of water supply.
(a) No pipe or fixtures connected with a private fire system served by the town shall be connected with pipes or fixtures supplied with water from any other source.
(b) Unless otherwise approved by the town, customer service lines for private fire service shall be distinct and separate from the customer service lines used for general water service.
(c) Nothing that could be a contaminant to the public water supply shall be permitted in the customer's private fire service system.
(d) Private fire services are also subject to all applicable requirements of § 53.10.
(4) Charges.
(a) Charges for private fire service shall be made in accordance with the Rate Schedules.
(b) Where one customer service line is used for both general water service and private fire service, separate charges will be made for each type of use.
(c) Water service for a customer's private fire system may be discontinued for failure to pay in accordance with § 53.04.
(5) Testing and inspection.
(a) The customer's private fire system shall be subject to the inspection, testing and acceptance by the town before commencement of service, and at such times thereafter as may be deemed necessary or appropriate by the town.
(b) Whenever a private fire system is proposed to be tested by the customer, the customer shall notify the town at least two business days in advance of such proposed test, requesting approval of the day and hour when the test is to be made, so that the town's system will not be adversely affected, and further so that, if desired, the town may have an inspector present during the test.
(6) Hydrants. Hydrants and other fixtures connected with a private fire system may be sealed by the town, and any such seal may be broken only in case of fire or as specifically permitted by the town for testing or other approved purposes, and the customer shall immediately notify the town of the breaking of any such seal.
(B) Public fire service.
(1) Hydrants.
(a) In cases where public fire service charges are directly billed to a governmental unit, the governmental unit shall have the right, upon passage of a proper ordinance or resolution by the legally constituted authority of such governmental unit, to order the installation of additional public fire hydrants on existing mains six inches or larger in internal diameter at the town's cost and expense, provided that the flows from such mains, as determined by the town, are adequate to provide the required fire flows. In cases where public fire service charges are not directly billed to a governmental unit, additional public fire hydrants shall be installed on existing mains as aforesaid at the request of a governmental unit only when the governmental unit or another party pays for the cost of constructing and installing the new hydrants, unless otherwise agreed by the town.
(c) Public fire hydrants shall be maintained by the town.
(d) Relocation costs for public hydrants shall be paid by the town unless moved at the governmental unit's request.
(e) Public fire hydrants shall be painted the color established by the town.
(2) Service provided and limitation of liability.
(a) The use of public fire hydrants shall be restricted to the taking of water for the extinguishing of fires, and water shall not be taken from any public fire hydrant for construction purposes, sprinkling streets, flushing trenches, sewers or gutters or for any other use, unless specifically authorized by the town as to the time, location and use and billed in accordance with the Rate Schedules.
(b) No person, except for the legitimate purpose of extinguishing fires, shall open any public fire hydrant without consent of the town.
(c) Any person opening a public fire hydrant shall remain in the immediate vicinity and in control of the hydrant during the time the hydrant is open, and shall close the hydrant immediately after its use is no longer required. Any governmental unit, and others who may be specifically authorized by the town to operate public fire hydrants, shall notify the town as soon as possible after any hydrant has been opened.
(d) The town shall have no responsibility or liability for any damage or injury caused by persons operating public fire hydrants. Any unauthorized person or governmental unit whose representatives or employees cause damage to a public fire hydrant while opening or operating the hydrant shall be responsible for the cost of repairing the hydrant.
(e) The town shall not be considered in any manner an insurer of property or persons, or to have undertaken to extinguish fire or to protect any customer, persons or property against loss or damage by fire and it shall have no liability on account of any injury to property or persons by reason of fire, water used for the extinguishment of fire, or failure of water supply or pressure during a fire.
(3) Charges. Charges for public fire service shall be made in accordance with Rate Schedules and Indiana law.
(Ord. 2012-9, passed 11-5-12)