8-3-1: RULES AND REGULATIONS OF WATERWORKS SYSTEM:
The rules and regulations set out in rules 1 through 31 are hereby established for the management, control, and protection of the waterworks system. These rules shall be considered a part of the contract with every person or entity who takes water supplied by the city and every such person or entity agrees by making application for water supplied by the city to be bound thereby.
   Rule 1. Application. All applications for water must be made at the office of the city clerk on the printed form furnished for that purpose. The application must be made and signed by the owner of the property to be served or their agent, designating the street address where water is desired and shall state fully all of the purposes for which the water is required. Service will be furnished to any consumer who fully and truly sets forth all the purposes for which water may be required and who agrees to and conforms with all the rules and regulations governing the service; provided the purposes set forth comply with all the city's rules, and that the system of mains and pipes extends to the point where service is desired, and is adequate to supply the service applied for.
   Rule 2. Change of Use or Service. No person supplied with water from the city mains will be entitled to use it for any other purpose than those stated in the application, or supply in any way other persons or families unless authorized by the city for temporary or emergency services. Should the owner of the premises desire to apply the water for a purpose not stated in the original application, a new application must be made.
   Rule 3. Water Service. When a water application has been granted, the city or its authorized agent will tap the main in accordance with rule 17. All the expense of laying and maintaining the service pipes from the mains to the consumer's premises, including any and all materials, shall be borne by the consumer. The service pipe must be laid as per current approved city engineering standards.
   Rule 4. Separate Connection for Each Premises; Minimum Water Meter Size. Unless specifically authorized by the city, all service lines shall be so arranged that the supply to each separate structure or premises shall be supplied by a separate service line from the city main. No consumer shall be permitted to conduct water lines across lots or through structures to an adjoining structure and/or premises. All service lines shall enter the property at the front or back of the structure nearest the sidewalk.
   Minimum water meter sizes shall be as provided herein, according to the date of construction completion and connection of water service. Meter sizes listed are nominal sizes, not accounting for different diameter end connections. Meters designated "3/4-inch" shall have three-fourths inch (3/4") metering chambers and three-fourths inch (3/4") end connections, and meters designated "5/8-inch by 3/4-inch" shall have five-eighths inch (5/8") metering chambers and three- fourths inch (3/4") end connections.
   Base rate charges will be according to meter size installed. With prior written approval of the city, meters larger than minimum sizes listed may be installed at the option of the property owner.
For construction existing as of May 1, 1999:
   A.   For all structures or properties existing and served as of May 1, 1999, water meter installations shall be sized according to the following criteria:
 
Single-family residence
3/4 inch
Single-family residence w/basement apartment
3/4 inch
Duplex (with single service line)
1 inch
Triplex (with single service line)
1 inch or equal to nominal diameter of existing buried service line where it enters the building, whichever is larger
Fourplex (with single service line)
1 inch or equal to nominal diameter of existing buried service line where it enters the building, whichever is larger
Apartment with 5 or more units (with single service line)
1 1/2 inch or equal to nominal diameter of existing buried service line where it enters the building, whichever is larger
Commercial, institutional and industrial (including churches, cemeteries and schools)
3/4 inch or equal to nominal diameter of existing buried service line where it enters the building, whichever is larger, subject to the approval of the city
 
   B.   Where an existing structure is served by more than one water service line, each service line shall be metered with a separate meter. Meter size shall be equal to the nominal diameter of the existing buried service line, or three-fourths inch (3/4"), whichever is greater. Base rate and varied rate charges shall apply to each water meter. The meter readings for separate meters to the same structure shall not be combined for purposes of measurement or application of the water rate schedule.
   C.   Where an existing structure is served in series with another existing structure, and both structures are owned by one property owner, the two (2) structures may be metered through a common water meter. Charges for water usage measured through the common meter will be billed to the property owner. Meter size for the common meter shall be three-fourths inch (3/4") nominal, minimum, subject to the approval of the city. Upon a change in ownership of any such structures after May 1, 1999, separate water service lines connected directly to the city's main and separate water meters shall be established for each structure at the property owner's expense.
   D.   Where an existing structure is served in series with one or more other existing structures, and the structures are owned by different property owners, each structure shall be metered with separate water meters. Charges for water usage to each structure will be determined by the city based on the arithmetic difference between the individual water meter readings. Charges for water usage to each structure will be billed to the respective property owners. Meter sizes for such structures shall be three-fourths inch (3/4") or equal to the nominal diameter of the existing buried service line arriving at the structure, whichever is greater. Upon a change in ownership of any such structures after May 1, 1999, a separate water service line connected directly to the city's main and a separate water meter shall be established for that structure at the property owner's expense.
   E.   When two (2) or more existing structures are served from a common water service line tap at the main, and the service line branches underground prior to entering any of the structures, separate water meters shall be provided for each structure. Meter sizes for each structure shall be according to the classifications stipulated previously for residential or commercial structures. Upon a change in ownership of any such structures after May 1, 1999, separate water service lines connected directly to the city's main and separate water meters shall be established for each structure at the property owner's expense.
For new construction completed after May 1, 1999:
   F.   1.   For all structures constructed after or to which new water service is extended between May 1, 1999, and July 1, 2004, water meter installations shall be sized according to the following criteria:
 
Single-family residence
3/4 inch
Duplex (including single- family residence with basement apartment)
1 inch for common service line, or separate 5/8 inch x 3/4 inch meters for each unit
Triplex
1 1/2 inch for common service line, or separate 5/8 inch x 3/4 inch meters for each unit
Fourplex (with single service line)
1 1/2 inch for common service line, or separate 5/8 inch x 3/4 inch meters for each unit
Apartment with 5 or more units
Separate 5/8 inch x 3/4 inch meters for each unit (at the option of the city, a single meter of a size determined by the city may be allowed)
Commercial, institutional and irrigation (including churches, cemeteries and schools)
To be determined by the city based on service line size or as stipulated in service agreement
 
      2.   For all structures constructed after or to which new water service is extended after July 1, 2004, water meter installations shall be sized according to the following criteria:
Single-family residence
3/4 inch
Duplex (including single-family residence with basement apartment), triplex, and fourplex
3/4 inch meters for each unit, or a single meter sized according to the number of water supply fixture units in accordance with use of the following calculation:
Total Number Of Water Supply Fixture Units In Entire Building
Meter Size
18 or less
3/4 inch
19-70
1 inch
71 or more
1 1/2 inch
The number of water supply fixture units shall be calculated as follows:
Appliances, Appurtenances, or Fixtures2
Minimum Fixture Branch Pipe Size1,4 (inches)
Number of Water Supply Fixture Units (private)
Bathtub or Combination Bath/Shower (fill)
1/2
4.0
3/4 inch Bathtub Fill Valve
3/4
10.0
Bidet
1/2
1.0
Clothes Washer
1/2
4.0
Dishwasher, domestic
1/2
1.5
Drinking Fountain or Water Cooler
1/2
0.5
Hose Bibb
1/2
2.5
Hose Bibb, each additional6
1/2
1.0
Lavatory
1/2
1.0
Lawn Sprinkler, each head5
-
1.0
Mobile Home, each (minimum)
-
12.0
Sinks
-
-
Bar
1/2
1.0
Duplex (including single-family residence with basement apartment), triplex, and fourplex (Cont’d)
Kitchen, domestic
1/2
1.5
Laundry
1/2
1.5
Service or Mop Basin
1/2
1.5
Shower per head
1/2
2.0
Urinal, 1.0 GPF Flushometer Valve
3/4
3.0
Urinal, greater than 1.0 GPF Flushometer Valve
3/4
4.0
Urinal, flush tank
1/2
2.0
Water Closet, 1.6 GPF Gravity Tank
1/2
2.5
Water Closet, 1.6 GPF Flushometer Tank
1/2
2.5
Water Closet, 1.6 GPF Flushometer Valve
1
5.0
Water Closet, greater than 1.6 GPF Gravity Tank
1/2
3.0
Water Closet, greater than 1.6 GPF Flushometer Valve
1
7.0
Apartment with 5 or more units
Separate ¾ inch meters for each unit
Commercial, institutional, industrial, and irrigation (including churches, cemeteries and schools)
To be determined by city based on service line size or as stipulated in service agreement
For SI units: 1 inch = 25 mm
   1.   Based on currently adopted Uniform Plumbing Code.
Notes:
1.   Size of the cold branch pipe, or both the hot and cold branch pipes.
2.   Appliances, appurtenances, or fixtures not included in this table shall be permitted to be sized by reference to fixtures having a similar flow rate and frequency of use.
3.   The listed fixture unit values represent their total load on the cold water building supply. The separate cold water and hot water fixture unit value for fixtures having both cold and hot water connections shall be permitted to be three-quarters of the listed total value of the fixture.
4.   The listed minimum supply branch pipe sizes for individual fixtures are the nominal (I.D.) pipe size.
5.   For fixtures or supply connections likely to impose continuous flow demands, determine the required flow in gallons per minute (gpm) (L/s) and add it separately to the demand in gpm (L/s) for the distribution system or portions thereof.
6.   Reduced fixture unit loading for additional hose bibbs is to be used where sizing total building demand and for pipe sizing where more than one hose bibb is supplied by a segment of water distribution pipe. The fixture branch to each hose bibb shall be sized by 2.5 fixture units.
 
   G.   Structures constructed or properties to which new service is connected after May 1, 1999, shall be served by separate water service lines from the city's main. Service lines to a structure or property from another structure or property are prohibited.
   H.   Multiple water service lines to a single structure or property are prohibited, unless approval is granted by the city. Dedicated fire protection lines equipped with detector type check valves inside the structure are allowed as separate water service lines connected directly to the city's mains.
   I.   Upon a change in occupancy status for any existing structure after May 1, 1999, whereby the number of individual residences or apartments is altered, the city shall determine the appropriate water meter numbers and sizes for the altered status. Additional metering shall be established at the property owner's expense. Meter sizes shall be according to the classifications stipulated previously for residential or commercial structures.
   J.   The final determination of number of water meters and sizes for mixed residential and commercial structures or properties shall be made by the city.
   Rule 5. Curb Stops and Boxes; Responsibility; Maintenance. A valve or curb stop of an approved pattern (with box) shall be installed by the consumer, at the consumer's own expense, per current approved city engineering standards. No branch connections shall be made to a service line between the main and the entrance valve. When the owner fails to properly maintain the curb stop and box and it becomes necessary for the city to shut off the water, necessary repairs or restoration will be made by the city, or if the service line fails between the city main and the curb shutoff and the owner does not take prompt action for its repair, the city will shut the service line off at the corporation connection to the main, but will not repair or replace the service line. In both of the foregoing instances, a reasonable effort will be made to contact and inform the owner of the action to be taken by the city. The entire cost of time and materials will be charged to the owner. This charge shall be paid before the water service is restored.
   Rule 6. Turning Off Water for Emergency Repairs. The water may be shut off from the mains at any time without notice for emergency repair purposes.
   Rule 7. Turning Off Water for Repairs to System. The city reserves the right at any time to shut the water off for the purpose of making repairs, laying or relaying mains, installing hydrants, or other connections, or for any other needful purpose. Notice will be given to consumers whenever practical prior to shutting off the water.
   Rule 8. Interruptions of Service; City Liability. The city will make reasonable effort to avoid interruptions of service, and when such interruptions occur, shall reestablish service with reasonable diligence. The city shall not be liable to customers or others for failure or interruption of service due to acts of God, governmental regulations, court or governmental orders, acts of the public enemy, strikes or labor disputes, accidents, weather conditions, acts of third parties, droughts, or, without limitation by the foregoing, any other cause beyond the reasonable control of the city. When it is necessary for the city to make repairs to or change its plant, transmission or distribution system, meters or other property, it may, without incurring any liability therefor, suspend services for such periods as may reasonably be necessary. Interruptions of service shall not render the city liable for any pro rata reduction in base rate charges or flat rate surcharges.
   Rule 9. Unnecessary Waste of Water. Water will not be furnished where there are defective or leaking faucets, closets, or other fixtures, and when such may be discovered, and if not repaired after reasonable notice is given, the supply will be shut off by the city until the proper repairs are made. Consumers must prevent the unnecessary waste of water and keep all water outlets closed when not in use. Irrigation must be conducted in a manner so that water is not running down the street. When deemed necessary by the city, it may instruct water users to flow the line to prevent freeze up during inclement weather. The consumer shall ensure adjustment of the stream of discharged water so that a minimum amount of water will be discharged.
   Rule 10. Service Lines; Corrosion or Leaking. Consumers making connections with the water mains are required to adhere to current, approved engineering standards. The city reserves the right, because of apparent corrosion or leaking, to require that any service line that is corroded or leaking be removed and replaced. Such replacement and maintenance of the service line shall be at the consumer's expense.
   Rule 11. Private Hydrants; Irrigation Hydrants Prohibited. No private hydrants shall be located within the street lines or in any place of easy access to the public. Privately owned irrigation hydrants existing and connected to dedicated service lines prior to May 1, 1999, will not be metered. The charge for each irrigation hydrant will be a flat rate monthly surcharge to the property owner. New connection, reconnection, or alteration of connection of irrigation hydrants to any point on a water user's service line upstream of the water meter location is prohibited. After May 1, 1999, new connection or reconnection of irrigation hydrants to any dedicated water service line is prohibited.
   Rule 12. Nonliability of the City for Service Lines and Repairs. The city will not be responsible for service lines and fixtures. Owners must keep service lines and fixtures from the city mains in good working order and properly protected from frost and other dangers at their own expense. The city shall not be responsible for the failure of any service line or fixtures or for any failure in the supply of water. No reductions from the regular rates will be made for any time that service lines or fixtures are out of commission due to frost.
   Rule 13. Restriction of Water Use. The city reserves the right to forbid, limit, or suspend the use of water for irrigation, sprinkling, washing of vehicles, or other similar uses. When it becomes necessary to protect the public health, safety, and general welfare, the mayor may by written executive order, which shall be filed with the city clerk, direct such time or times for irrigating or sprinkling as deemed fit and proper in the best interest of the city. All such executive orders when written and signed by the mayor and on file with the clerk and after giving notice through publication shall have the same force and effect as if set forth in full in this chapter and any violation of such terms of such executive order shall be punishable as a violation of this chapter until such executive order expires or is rescinded by either the mayor or a majority vote of the city council.
   Rule 14. Irrigation - Size. Unless otherwise approved by the city, the inside diameter of hose or pipe used for irrigating or sprinkling lawns or gardens must not exceed three-fourths inch (3/4"). All such hose or pipe when in use must be equipped with standard type water nozzle, spray, or sprinkler attachments.
   Rule 15. Water for Construction Purposes. Contractors, builders, or owners wanting water service for building or other non-potable purposes are required to make application for a permit to the city. The amount to be charged shall be equal to the current varied rate and metered or based upon the quantity of water used or estimated by the city.
   Rule 16. Tapping Water Mains.
   A.   Person Authorized. No person other than an authorized plumber currently licensed by the state of Montana or an authorized agent of the city shall tap, connect with, or make a perforation or opening of any kind in any main or distributing pipe of the city water system. No person is allowed to make a connection with the city main or make a connection in any conduit, pipe, or fixture connecting therewith, or to connect any pipe when it has been disconnected, or to turn water off or on any premises without written permission of the city.
   B.   Permit Required. Any person wanting to tap into the city water system shall apply to the city for a permit to tap to the main or other pipe before laying any service or other water pipe. The permit shall apply to the location at which the main or other pipe is to be tapped. Service pipes, ferrules, curb stop, and other fixtures shall be installed as per current approved city engineering standards and located as per engineering drawings approved by the city.
   C.   Failure To Obtain Permit Declared Unlawful. It shall be unlawful for any person, either as owner, or as an agent or employee of the owner, or as an independent contractor, to tap or connect to any city water main of the city until written application therefor has been approved by the city and an appropriate permit is issued, and all tapping charges paid.
   D.   Permit Fee. Uniform fees for a permit for tapping city water mains shall be collected by the city clerk in the amount of ten dollars ($10.00) and must be paid in advance of any tapping.
   E.   Tapping Charge. Any person desiring to make connection to the water mains of the city must pay for the cost of tapping in advance, the following amounts:
 
Service Tap Sizes Are Nominal Pipe And Corporation Cock Diameters
Tapping Fee
3/4" service tap or 1" service tap to 3/4" meter
$200.00
1" service tap to 1" meter
$350.00
1 1/4" service tap
$500.00
1 1/2" service tap
$750.00
2" service tap
$1,000.00
 
For service lines exceeding two inch (2") nominal diameter, the fee for a two inch (2") service will be charged, plus an additional one thousand dollars ($1,000.00) for each inch over two inch (2") diameter. The one thousand dollar ($1,000.00) per inch charge will be assigned pro rata for fractional nominal pipe sizes.
   F.   Workmanship of Plumbers. Plumbers failing to perform their work according to the established rules, regulations, and current approved city engineering standards, or executing their work unskillfully, or causing damage to the city waterworks, shall be prohibited from making connection with the city mains, by order of the city.
   G.   Backflow Prevention and Cross Connection Control. If the city determines that it is necessary to protect its water system against contamination or pollution resulting from backflow of objectionable materials from the water user's premises or water service, the city may require the installation of backflow prevention devices. The type of device used shall be determined by the city, and the property owner shall pay all costs related to the installation of such device. The property owner shall also be responsible for the maintenance of backflow devices so installed.
   Rule 17. Water Meter Installations.
   A.   Water meter equipment for new construction and initial use, as well as all installation costs shall be borne by the water user. Costs so borne shall include the meter, radio, readout device, connection between the meter and readout device, meter pit if required, and plumbing connections to incorporate the meter into the water user's service line at a point inside the structure, or in a meter pit, if used.
   B.   Water meter equipment and installation costs exclude any underground piping, underground connection, service line extension or relocation costs, or costs of replumbing within the structure needed to comply with city ordinances. Excluded costs shall be borne by the water user, irrespective of the date of structure construction or service connection.
   C.   The cost of water meter installation shall be borne by the water user. All metering equipment and appurtenances, the cost of which is borne by the water user for new construction and initial use, shall meet the city's engineering standards for such materials and installation.
   D.   Installation of water meters shall in all cases be made by the city or a plumber currently licensed by the state of Montana and authorized by the city.
   E.   Acts of meter tampering, are prohibited and will be grounds for discontinuance of service by the city and/or criminal prosecution. The water user shall be responsible for all damage to or loss of the city's water service related property, including the meter and radio, located upon the premises being served unless caused by the negligence of the city.
   F.   Duly authorized employees and agents of the city shall have access at all reasonable hours to the premises of the water user for purposes of installing, reading, testing, removing, or replacing water meters and appurtenances, and for other purposes incidental to the supplying of water service. Only employees or agents of the city are permitted to inspect or handle the city's water service related property.
   Rule 18. Water Meter Location and Installation.
   A.   Water meters and any readout equipment associated therewith shall be and remain the property of the city. Water meters shall be located per current approved city engineering standards.
   B.   Water meter readout devices, the cost of which is borne by the water user, shall be provided for all meters and shall meet the city's standard for such equipment and installation.
   Rule 19. Right of Entry for Inspection by City Employees. The city's agents or other authorized persons shall have free access at reasonable hours to all parts of any structure and premises to which water is provided by the city for the purpose of inspecting the condition of the pipes and fixtures and investigating the manner in which the water is being used.
   Rule 20. Prohibited Acts. The following acts are strictly prohibited:
   A.   To use the city water or permit it to be used for any other purpose than that for which the party has made application.
   B.   To permit water pipes or fixtures to remain in a leaky condition.
   C.   To allow water to run through fixtures when not being used for the purpose intended.
   D.   To open, close, turn, or interfere with, or attach to, or connect with any fire hydrant, stop valve, or curb stop belonging to the city unless prior approval is granted by the city.
   E.   To disturb, meddle with, or damage any pipe, materials, implements, machinery, tools, shutoff boxes, or any other property of the city's waterworks system.
   F.   To deface or injure any structure, dam, reservoir, or other improvement of the city's waterworks system.
   G.   To place any foreign thing or deleterious matter upon the grounds or in the water supply of the city waterworks system.
   H.   For any person to fill any tank or container having a capacity of more than five (5) gallons and used for the transportation of chemicals or solutions of chemicals of any kind whatsoever with water obtained directly from any water source connected with the city water system including, but not limited to, public, private, or domestic standpipes, hydrants, taps, pipes, or hoses, unless the same have been equipped with a backflow preventive device approved and inspected by the city. The foregoing shall not prohibit any person from filling such containers with water obtained directly from the city water system by means of a second or intermediate container, or at water sources in the city specifically designated and approved by the city for the filling of containers used for the transportation of chemicals or solutions of chemicals.
   I.   To provide water service or water conveyance by pipe or hose to another individual, entity, or property, including irrigation use.
   J.   To extend water conveyance facilities across or under a street, alley, public right of way, or property line in order to obtain a rate advantage by taking water service for two (2) or more properties through one source or meter.
   Rule 21. Water Service Line Installation. When permission has been granted to lay water pipes within the street lines, all trenches shall be refilled in a careful manner and thoroughly compacted so as to replace as nearly as possible all material excavated. All surplus materials must be removed when work is completed and any refilling of trenches necessary to maintain the roadway in good condition must be done by the property owner at their expense. All such work must comply with applicable city and state standards.
   Rule 22. Excavations. Excavations within the street lines shall be made in such manner as to impede traffic as little as possible. The public works director may determine and limit the time such excavations are allowed to remain open, and if unnecessarily delayed, shall direct the excavations to a timely completion. Flashing caution lights must be maintained upon all unfinished work at night from sundown to sunrise, and sufficient barricades shall be in place at all times until the work is completed.
   Rule 23. Completion of New Work. In no case shall anyone, after completion and test of new work, leave the water turned on to the premises, but shall in all cases turn the curb stop off before leaving.
   Rule 24. Rule Making Authority; City Inspection of Work and Materials. The city may adopt such rules and regulations as it deems necessary to provide and ensure proper protection and inspection of mains and service lines, and no materials shall be used until the same has been approved, and no lines shall be covered until inspected and approved by the city.
   Rule 25. Owner Responsibility for Payment; Delinquency Shutoff. The water rates shall be charged against the property on which it is furnished to the property owner, legally authorized agent, or tenant, and if for any cause any sums owing therefor become delinquent, the water shall be shut off from the property and in no case turned on again until all such delinquencies have been paid in full. No change of ownership shall affect the application of this rule.
   Rule 26. Books of Accounts; Billing. All accounts for water shall be kept in the name of the owner of the property, their legally authorized agent, the name of tenant. The owner shall ultimately be held responsible for payment of the water rates. Water service charges will be billed on a monthly basis. Payment is due upon receipt of the bill, and will be considered delinquent if not paid within thirty (30) days of billing.
   Rule 27. Shutoff of Water by City; Water Service Line Turn Off/On. On failure to comply with the rules and regulations established as a condition to the use of water, or to pay the water rates or any charge or penalty imposed, in the time and manner herein provided, the water may be shut off until full payment of the amount due is made, together with a fifty dollar ($50.00) reinstatement fee. First time offenders shall have the reinstatement fee waived. Water service line curb stops will only be operated by the city, unless written authorization is granted by the city. There shall be assessed a twenty five dollar ($25.00) fee for turning the water on or off. Water service line turn ons/offs will be made by the city only with twenty four (24) hour advance notice, excluding weekends and holidays, and contingent on prior payment of the twenty five dollar ($25.00) turn off fee.
   Rule 28. Water Main Shutoff. Should the owner or occupant of the premises turn on the water, or cause it to be turned on after it has been shut off at the curb stop, the water will be turned off at the main, with all associated costs borne by the water user, payable before the water is turned back on.
   Rule 29. Discontinuing Service. Should it be desired to discontinue or abandon the use of water, written notice thereof shall be filed at the office of the city clerk. It shall be the responsibility of the owner to disconnect the water service upon discontinuance, abandonment, or nonuse at the point of connection with the public main in such a method acceptable to the city. Should the owner fail to satisfactorily disconnect such service, the city may make such disconnection and charge the owner the actual cost thereof. Rates will be charged until such notice is given and all arrearages paid.
   Rule 30. Interest Assessed On Past Due Accounts. Any unpaid water bill that is more than thirty (30) days past due shall have assessed against it interest at the rate of one and one-half percent (1.5%) per month. Accounts which are ninety (90) days past due may become a lien on the real property and filed with the county recorder. All filing and attorney costs will be included in the amount to be collected from the real property owner.
   Rule 31. Penalty. Any person violating a rule or regulation of the waterworks system shall be deemed guilty of a misdemeanor and may be fined not more than five hundred dollars ($500.00) and have their water turned off. In no case shall the water be turned on again until the fine has been paid and any violation corrected.
(Ord. 216, 5-18-1999; amd. Ord. 232, 6-2-2004; Ord. 278, 12-21-2021)