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§ 52.45  WASTE OR EXCESSIVE USE OF WATER.
   If a customer on a special purpose un-metered rate is found using water in excess of the contracted for amount, or permits leaks on the premises, or wastes water by allowing hydrants or faucets to run more or less continuously, the utility may require the customer to provide a suitable place for the installation of a water meter and thereafter will supply service in accordance with the applicable metered tariff.
(Ord. G-91-1048, passed 2-4-91)
§ 52.46  NOTIFICATION OF LOAD INCREASE.
   The service and meters supplied by the utility have definite capacities; no substantial addition to the water consuming equipment or appliances connected thereto shall be made except after written notice to a written consent from the utility.
(Ord. G-91-1048, passed 2-4-91)
§ 52.47  RESALE OF WATER.
   The water or service furnished under these rules and regulations is for the use of the customer on the premises. He shall not resell any water or service without the expressed written consent of the utility. Written consent shall be in the form of a clear contract with the utility.
(Ord. G-91-1048, passed 2-4-91)  Penalty, see § 52.99
§ 52.48  PRIVATE FIRE PROTECTION SERVICE.
   (A)   The entire private fire protection service on a customer’s premises shall be subject to inspection and testing by the utility at such times as it is deemed necessary by the utility or other authority having legal interest in such private systems.
   (B)   Before any modifications are made to any private fire protection system or before service is furnished to any new private fire protection system connected to or proposed to be connected to and supplied with water from the utility’s distribution mains, the owner of the private fire protection system or the owner’s contractor shall provide certification in accordance with §§ 52.24 through 52.26 to the utility, that the system has been disinfected, and final plans of such fire protection system shall be filed with and approved by the City Engineer and the Fire Department. The following shall be shown on the final plans:
      (1)   The number of sprinkler heads to be served;
      (2)   The sizes and location of the system’s piping;
      (3)   The sizes and locations of all connections to the utility’s distribution mains;
      (4)   The sizes, locations of all hose connections, reels, and/or cabinets;
      (5)   The sizes and locations of storage tanks connected to the fire system;
      (6)   The outlet sizes and locations of all fire hydrants;
      (7)   The sizes, locations and types of all valves.
   (C)   All fire protection lines within buildings must be installed in such manner that all pipes will be easily accessible for inspection at any time. Underground pipes outside of buildings must be placed and be maintained at a minimum depth of four and one-half feet.
   (D)   No connection with a fire protection system will be permitted to supply water for general purposes unless the connection has been approved by the customer’s fire underwriter and unless the general purpose water is metered. If such a connection is approved, both the fire protection line and the general purpose line shall be separately valved outside the building to be served and proper cross-connection devices provided, all in accordance with the utility’s specifications, thus permitting either line to be turned on or off without affecting the other.
   (E)   A private fire protection system without a tank shall be equipped with an alarm valve and an approved cross-connection backflow protection device, to be located on the main service pipe(s) supplying fire protection to the property. All valving installed as part of the fire system shall protect the utility’s distribution from water “hammer” damage.
   (F)   An un-metered private fire service is furnished for the sole purpose of supplying water for the extinguishment of accidental fires, and the use of water from such a service connection for any other purpose is absolutely forbidden.
   (G)   Hydrants, and other fixtures connected to a private fire service connection may be sealed by the utility, and such seal shall be broken only in case of fire or as specifically permitted by the utility; the customer must immediately notify the utility when any such seal is then broken for any purpose.
   (H)   When a service tap on a utility distribution main provides water for both fire and general purposes to a customer or customers, separate charges will be made for each purpose to each customer by the utility in accordance with the established rules and schedule of rates.
   (I)   A private fire service, at the option of the customer and after approval by customer’s fire underwriter, may be connected to the metered water service. The monthly charges for such combined fire and general purpose uses will be as set out in the established scheduled rates. Any additional investment costs incurred by the utility in such metering must be paid by the customer; maintenance of such meter will be at the water utility’s expense.
   (J)   Whenever a private fire system is to be tested under the regulations of the fire service underwriters, the customer shall notify the utility of such proposed testing, naming the day and the hour of the testing, so that the water utility may have a representative present.
(Ord. G-91-1048, passed 2-4-91)
§ 52.49  LIABILITY FOR INTERRUPTION OF WATER SERVICE.
   The utility shall not be responsible in damages for any failure to supply water service, for interruption of the supply of water, for defective piping on the customer’s premises, or for damages resulting to a customer or to third persons from the use of water or the presence of the utility’s devices on the customer’s premises, unless due to fault, neglect or culpability on the part of the utility.  Neither party shall be liable to the other for any failure or delay in case such failure or delay is caused by strikes, the acts of nature, unavoidable accidents or contingencies beyond its control and is not due to fault, neglect or culpability of its part.
(Ord. G-91-1048, passed 2-4-91)
§ 52.50  PERMANENT DISCONNECTIONS.
   In order to reduce the potential of leakage from the utility’s distribution system, when water service is no longer needed at a given property, the owner of the property shall, at the owner’s expense, employ the utility to disconnect the service line from the utility’s distribution main, for which the owner shall pay the utility the actual cost thereof.
(Ord. G-91-1048, passed 2-4-91)
§ 52.51  CUSTOMER REQUEST TO DISCONTINUE SERVICE.
   (A)   The customer shall notify the utility at least seven working days in advance of the day discontinuance is needed. In the case of termination of a “Fire Protection Service,” the customer’s notice shall be in written form, signed by an authorized agent/representative of the customer. The customer shall remain responsible for all the service used and the billings therefor until service is terminated pursuant to such notice by the customer.
   (B)   (1)   Upon request by a customer of the utility to discontinue service, the utility shall discontinue the service within seven working days of the requested discontinuance date. The customer shall not be liable for any service rendered to such address or location after the expiration of these seven working days.
      (2)   The customer is responsible for providing access to the premises for an actual final reading within the seven day period. Failure to do so will result in the utility rendering a final bill based on an average of previous consumption. No adjustments will be made after the expiration of the seven day period.
   (C)   There will be no abatement of charges in whole or in part by reason of the extended absence of the customer, for any cause unless the utility has been notified to turn off water service.
   (D)   When water service is temporarily discontinued at the request of the customer, a charge of $25 for turning off and on the water service will be made to the customer.
   (E)   The provisions of §§ 52.51 through 52.53 will not apply to any case where a customer has entered into a contract with the utility to take service from the utility for a definite period of time specified or provided for in such contract, and such stipulated time has not expired.
   (F)   (1)   The utility will perform disconnect services only between the hours of 8:00 a.m. and 4:00 p.m., prevailing local time, on normal business days subject to fulfilling the utility’s rules and regulations as may apply.
      (2)   The utility will not disconnect or terminate water services for non-payment on any day on which the utility’s offices are closed to the public, or after 12:00 noon of the day that is immediately preceding any day on which the utility office is not open to the public.
(Ord. G-91-1048, passed 2-4-91)
§ 52.52  DISCONNECTION OF SERVICE; NOTICE; RECONNECTIONS.
   (A)   The utility may disconnect service without request by the customer:
      (1)   When an emergency exists;
      (2)   For any unauthorized use of water;
      (3)   For maintaining an unprotected “Cross- Connection” of a water customer’s piping to any other source of water supply or for permitting any condition to exist on or about the customer’s premises that causes or might cause contamination and/or the pollution of the utility public water supply, or any part thereof;
      (4)   Upon order by any authority having jurisdiction over matters of public water supply;
      (5)   For failure to repair any leak in the service piping or appurtenances between the service connection and the meter, or in any private fire protection system, or other unmetered facilities;
      (6)   For tampering or knowingly permitting tampering with any service pipe, curb stop, service valve, meter or meter seal, or any other appliance or equipment owned by the water utility;
      (7)   For the vacating of a premises, or abandonment of premises;
      (8)   For issuing a bad check or draft to the water utility;
      (9)   For the failure to comply with the terms of a credit agreement;
      (10)   For failure to pay a cash security deposit in accordance with the utility’s rules and regulations and/or date structure;
      (11)   For failure to pay in accordance with the rules, any water billings or other charges in connection with water utility service, other service address, or otherwise, except as noted hereafter;
      (12)   For failure to provide free and non- hazardous access to the premises and meter, appliances and/or other utility-owned equipment for the utility to read meters, make inspections, replacements, relocations of meters, appliances/ equipment;
      (13)   For failure to maintain or cause to be maintained approved meter settings, meter pits or vaults;
      (14)   For the installation of a new meter service pipe and appurtenances or altering or removing existing service pipe and appurtenances, including the meter, without written authority by an authorized agent of the water utility;
      (15)   For waste or excessive use by a customer on a special purpose unmetered rate, in excess of contract.
   (B)   In each case, except those arising under subsections (1), (2), (4), (5), (6), (7), (8), (9), (10), (14), and (15) of this section, the utility will issue written notice of at least five days either mailed to such customer at the address of record, or personally delivered to the customer or person on the water customer’s premises, advising the customer of the reason for the proposed termination of water service and stating that service will be discontinued if the reason continues and is uncorrected.
   (C)   (1)   When water service to the premises has been terminated for any reason, water service will be restored only upon proper application to the utility after conditions of the notice of termination have been properly corrected and inspected by the utility, when all charges due from the customer have been settled, and when arrangements have been made to provide access to the premises during regular working hours of the utility (8:00 a.m. to 4:00 p.m.).  No payments will be accepted by utility personnel in the field.  A $25 charge during regular business hours, and a $40 charge after regular business hours will be due and owing before a reconnection order is issued.  If the termination or restoration of service involves any excavating, the cost of such work shall be borne by the customer.
      (2)   Should the conditions under which service was discontinued not be corrected within 60 days, the utility shall have the right to finalize the customer’s account.  In the absence of a final meter reading, the utility will render a final bill on the average of previous consumption; if arrangements are made within seven working days after or following the date of the final billing, adjustments will be made.  No adjustments will be made after the expiration of the seven day period.
      (3)   If the utility schedules an appointment for reconnection and the customer fails to keep that appointment, an additional service charge will be added for each and every additional service call, plus any applicable hourly charges for utility personnel.
(Ord. G-91-1048, passed 2-4-91)
§ 52.53  PROHIBITED DISCONNECTIONS.
   (A)   Except as otherwise provided, the utility will postpone or cause to be postponed, the disconnection of water service for 30 days, if:  Prior to the disconnection date specified in the notice of disconnection, the customer provides to the utility a medical statement from a licensed physician or public health official which states the disconnection of water service would be a serious and immediate threat to the health or safety of a designated person in the household of the customer.  The postponement or disconnection will be continued far one additional 30 day period upon the furnishing of an additional medical statement.
   (B)   The utility will not disconnect service to the customer:
      (1)   Upon failure to pay for the service rendered at a different meter address, residence or location, if such billing has remained unpaid for less than 45 days;
      (2)   Upon failure to pay for services to a previous occupant of premises to be served, unless the utility has good reason to believe the customer/ applicant is attempting to defraud the water utility by using another name.
(Ord. G-91-1048, passed 2-4-91)
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