(a) Definitions. For the purposes of this Chapter:
(1) “Contractor” shall mean a licensed vendor that contracts with the Village of East Palestine, Ohio to replace lead and galvanized pipe service lines.
(2) “Department” shall mean the Water Department of the Village of East Palestine, Ohio.
(3) “Dwelling” shall mean a building or structure or part thereof containing one or more dwelling units. This chapter shall also apply to buildings and structures that are not used for residential purposes.
(4) “Dwelling unit” shall mean any room or groups of rooms or any part thereof located within a building and forming a single habitable unit with facilities that are used or designed to be used for living, sleeping, cooking, eating, or bathing.
(5) “Lead safe” shall mean any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.
(6) “Lead service line” shall mean a water line that is not lead-free (including a galvanized pipe that is or has been connected to any lead pipe upstream) and that runs from the water main into the structure or building.
(7) “Occupant” shall mean a person or persons in actual possession of and living in the building or dwelling unit.
(8) “Owner” shall mean any person who has legal title to any dwelling, with or without accompanying actual possession thereof; or, who has equitable title and is either in actual possession or collects rents therefrom; or, who is executor, executrix, trustee, guardian, or receiver of the estate of the owner; or as mortgagee; or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title; or as collector of rents has charge, care, or control of any dwelling or rooming house.
(9) “Village” shall mean the Village of East Palestine, Ohio.
(b) Prohibition of Lead Service Lines. It is hereby established that the existence of lead or galvanized service lines is prohibited within the Village of East Palestine, Ohio.
(c) Exclusion. A property owner may be excluded from the mandatory replacement of its lead service line by providing the East Palestine Water Department, within six months of the effective date of this section, with written proof from a licensed and certified plumber that it does not have a lead service line on its property, and/or that the lead service line was previously removed and replaced.
(d) Property Owner Responsibility to Replace Lead Service Line.
(1) The owner of any dwelling, building, or structure serviced by a lead service line is required to replace the lead service line on their property. The replacement of the lead service line must be completed within six months of the effective date of this section. An extension of time may be granted where the owner can demonstrate, to the East Palestine Water Department designee, that a good faith effort has been made to comply with the ordinance.
(2) The owner of a dwelling, building, or structure shall replace their lead service line by any of the following methods:
A. Signing up for the Lead Service Line Replacement Program offered by the Village of East Palestine, Ohio at the expense of the Village of East Palestine, Ohio water system, and allowing contractors to access their property to conduct the replacement. The Village or Contractor will provide the owner with a Right of Entry form for completion. The Right of Entry fonn will provide the contractor with access to the property to verify the existence of a lead service line, and replacement thereof, if found, or
B. Replacing the lead service line on their own and at their own expense. If an owner selects this option, then replacement must be completed within six months of the effective date of this section. An extension of time may be granted where the owner can demonstrate, to the East Palestine Water Department designee, that a good faith effort has been made to comply with this section. An owner is required to provide the East Palestine Water Department with proof that the lead service line has been replaced. Proof must include at a minimum: (i) a permit issued by the East Palestine Water Department to a licensed plumber authorized to do the work; (ii) an invoice from the contractor who completed the work; (iii) a copy of the estimate along with any report of the work completed; and (iv) an inspection report by the East Palestine Water Department verifying the removal.
(e) Village Responsibility to Replace Lead Service Lines. Notwithstanding the foregoing, if an owner of the dwelling, building, or structure does not sign up for the lead service line replacement program, or does not replace its lead service line within six months of the effective date of this ordinance (or within the time frame provided in an extension) or is inaccessible or otherwise denies access to the property to enable the replacement of the line, then the following procedure shall be followed:
(1) The Village shall secure entrance to the property from the owner or current occupant of the dwelling, building, or structure, and the Village shall incur no liability from the owner. The contractor will provide the owner or occupant with a right of entry form for completion. The right of entry form will provide the contractor with access to the property to verify the existence of a lead service line. The Village shall restore the property to its original condition, or as close as possible to its original condition; and
(2) If access is granted by the occupant of the dwelling, building, or structure, the occupant shall be held harmless and no liability shall incur to the Village or occupant due to the replacement of the lead service line by the Village; and
(3) If access is denied by the current occupant or owner, then the Village shall commence procedures, including filing a court action, to conduct the replacement of the lead service line.
(f) Enforcement. The Village Water Department may shut off water to any property for which access has been denied to replace a lead service line. Village Water Department shall record in property records for such property that it has a lead service line and that access to replace that line was denied.
(g) Phased in Timetable.
(1) This section and all applicable provisions thereof shall be phased in over the course of years. The Village has commenced phase one of the project, which includes the following areas of the Village:
A. West Martin Street, from Brookdale Avenue, west to West Main Street;
B. East Clark Street and West Clark Streets;
C. South Market Street, from Taggart Street to Wood Street, and Garfield Street to Village limits, including Wheathill Mobile Home Park, and Wheathill Reservoir;
D. South Street in its entirety;
E. Koch Street, from Park Avenue to South Street;
F. East Taggart Street, from Market Street to James Street; and
G. Sebring Street.
(3) The provisions of this section shall be currently effective, only as to the areas of the Village included in phase one of the project. As additional phases of the project are commenced, this section shall become fully effective as to the additional areas included in subsequent phases of the project.
(Ord. 2-2023. Passed 2-27-23.)