Chapter 13.10
REGULATIONS RELATING TO PUBLIC WATER SYSTEMS
Sections:
13.10.030 Building permits and plats.
13.10.045 New installation procedures.
13.10.050 Financial responsibility for water mains.
13.10.060 Fire hydrant location.
13.10.070 Mains and service lines.
13.10.100 Construction standards.
13.10.150 Inspection required.
13.10.160 Approval not deemed acceptance.
13.10.010 Definitions.
For the purpose of this chapter certain words and terms used herein are defined as set forth below. Unless the natural construction of the word indicates otherwise, all words used in the present tense include the future tense; all words in the plural include the singular number; and all words in the singular number include the plural number.
A. “BIMC” is the Bainbridge Island Municipal Code.
B. “DCSS” is the current version of the city of Bainbridge Island design and construction standards and specifications as promulgated by the public works department.
C. “Fire marshal” is the designated member of the Bainbridge Island fire department or their authorized agent responsible for implementation of BIMC Title 20.
D. “Fire department” means the Bainbridge Island fire department.
E. “Fire flow” means water flow required for fire protection purposes.
F. “Flush-type hydrant” means a hydrant installed entirely below grade.
G. “Private hydrant” means a fire hydrant so situated and maintained on private property which provides water with limitations as to use by the fire and public works department as set forth in BIMC 13.10.080.
H. “Public hydrant” means a fire hydrant so situated and maintained on public right-of-way or public easements and owned by the city of Bainbridge Island, or other water purveyor, which provides water without restriction as to use by the fire and public works departments.
I. “Public water supply system” means any system providing water for human consumption as defined in Chapters 246-290 and 246-291 WAC. This definition also includes similar terms such as “water system,” “public water system,” and “public water supply.”
J. “Public works department” means the public works department of the city of Bainbridge Island.
K. “Single-family residential area” is as set forth in BIMC Title 18.
L. “Water purveyor” or “purveyor” is any entity operating a public water system for the supply of potable water for domestic uses under the regulations and authority of the Washington State Department of Health through Chapter 246-290 or 246-291 WAC. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 2003-22 § 17, 2003; Ord. 85-03 § 1, 1985)
13.10.020 Applicability.
This chapter shall apply to all public water supply systems now existing or constructed in the future, where fire flow is provided or is required by Chapter 20.04 BIMC. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)
13.10.030 Building permits and plats.
A. Fire hydrants, water mains, and appurtenances shall be installed as required by this chapter as a condition of approval of short plats, subdivisions, planned unit developments, and mobile home parks.
B. No building permits shall be issued for erection of any building or structure until adequate provision is made to assure that the provisions of this chapter will be met, including financial responsibility, provided, this section shall not apply to the reconstruction, repair, rebuilding or remodeling of a single-family dwelling. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)
13.10.040 Variance.
In specific cases, a variance from the terms but within the spirit of this chapter as will not be contrary to the public interest may be granted by the hearing examiner upon written application of the property owner or developer, or their agent as set out in BIMC 2.16.020 and 2.16.120, within 30 days of the notification to comply with this chapter. In determining to grant a variance from the terms of this chapter, including consideration of reasonable alternatives, the hearing examiner shall be guided by the following standards and criteria:
A. Special conditions and circumstances exist which are peculiar to the property or structure such as size, shape, topography or location and that strict enforcement of the provisions of this chapter would deprive the property owner of rights commonly enjoyed by other properties similarly situated.
B. The special conditions and circumstances are not primarily the result of the actions of the applicant, such as structure design necessitating greater fire protection, especially as it may relate to commercial and multiple residential property development.
C. Unnecessary hardships and practical difficulties which make it difficult to carry out the provisions of this chapter.
D. Granting of the application, or providing alternatives to this chapter, will not be materially detrimental to the public health, safety, morals or welfare, or injurious to the property or improvement in the vicinity of the applicant’s property with particular emphasis on fire protection.
E. The variance is necessary to make possible the reasonable development of the property. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)
13.10.045 New installation procedures.
All water system components newly installed or replaced shall meet the following requirements:
A. All proposed expansion, improvements, or replacements of water system components, on city owned or operated public water systems, shall be submitted to the public works department for review and approval, in accordance with Chapter 13.32 BIMC, and to the fire department, in accordance with BIMC 20.04.090, prior to construction of said improvements. The public works department, at its sole discretion, may waive this requirement where the expansion, improvement, or replacement is considered de minimis and adequate conditions to protect the public interest can be imposed through other mechanisms such as the issuance of a right-of-way permit in conformance with Chapter 15.12 BIMC.
B. All proposed expansion, improvements, or replacements of water system components, on non-city owned and operated public water systems, shall comply with the water purveyor’s requirements and applicable requirements of Chapter 20.04 BIMC, and shall provide documentation of such at the time of application for land use or building permits.
C. In areas already platted, installation of operational hydrants and water mains may be required in accordance with this chapter prior to the beginning of building construction. In such case, an application as noted in subsection A of this section or documentation as noted in subsection B of this section shall be required.
D. Building construction shall not commence until the requirements of subsection A or B of this section have been completed in accordance with the provisions of this and all other applicable chapters of this code and the applicable section of the DCSS or applicable design standards. When water mains and hydrants are to be installed by the developer, such facilities and access roadways serving same shall be installed and made serviceable prior to and during the time of construction. No building shall be occupied until hydrants and mains for its protection are placed in service and accepted by the purveyor.
E. With respect to commercial, industrial and/or multifamily construction only, no conventional or stick construction shall be permitted to start until all hydrants required for such improvements are placed in service and tested by the fire department. At the sole discretion of the fire marshal, this condition may be waived or modified as a condition of any permit for construction issued by the city. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 89-14 § 1, 1989; Ord. 85-03 § 1, 1985)
13.10.050 Financial responsibility for water mains.
A. The installation of water mains to properties not previously served shall be at the benefited property owner’s or developer’s expense and in accordance with Chapter 13.32 BIMC.
B. Oversized water mains required for special use demands shall be installed at the developer’s or property owner’s expense in accordance with Chapter 13.32 BIMC.
C. If the water mains installed pursuant to subsections A and B of this section provide service or benefits to properties other than those owned by the water main installer, such installer may receive latecomer reimbursement from the owners of such properties in accordance with Chapter 13.32 BIMC.
D. If the city requires a developer to install water mains larger than the minimum size required by the DCSS or the demands of the developer’s property, whichever is larger, then the developer may be entitled to oversizing reimbursement in accordance with BIMC 13.18.030.
E. When the city requires a developer to extend a water main along or through property in accordance with BIMC 13.18.010, the developer shall not be required to install fire hydrants outside of the developer’s property. However, the developer shall be required to install tees in the water main extension at appropriate intervals to facilitate the future installation of fire hydrants. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 2002-02 § 2, 2002: Ord. 86-05 §§ 1, 2, 1986; Ord. 85-03 § 1, 1985).
13.10.060 Fire hydrant location.
The city of Bainbridge Island has adopted, with amendments, the International Fire Code in BIMC Title 20. The installation of fire hydrants and related water system infrastructure for fire protection shall conform to BIMC Title 20 and the current version of the Bainbridge Island design and construction standards and specifications as promulgated by the public works department. In addition to the requirements referenced here, the following conditions shall apply to the installation of fire hydrants within the city of Bainbridge Island:
A. Where potable water mains are extended along streets where hydrants are not currently needed, but where future need for the protection of structures exists, hydrants shall be provided at spacing not to exceed 1,000 feet. In cases where a system does not provide fire protection, spacing of valves and appurtenances related to isolation and line flushing shall be done in accordance with the purveyor’s design and construction standards.
B. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant, or appurtenance installed for flushing purposes, without disruption of water service. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 2008-23 § 1, 2008: Ord. 89-14 §§ 2, 3, 1989; Ord. 85-03 § 1, 1985)
13.10.065 Fire flow.
Minimum fire flow requirements shall be as adopted in Chapter 20.04 BIMC. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 2008-23 § 2, 2008: Ord. 2007-17 § 5, 2007: Ord. 2004-14 § 6, 2004: Ord. 98-30 § 3, 1998; Ord. 85-03 § 1, 1985)
13.10.070 Mains and service lines.
A. All public hydrants in single-family residential zoned areas shall be supplied by not less than six-inch circulating water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight inches circulating water mains. Dead-end water mains supplying fire hydrants must be at least six inches in diameter per subsection C of this section. Mains 50 feet long or longer shall be no less than six inches in diameter and shall not have a flow velocity greater than 10 feet per second during fire flow conditions.
B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be designed as a water main. The provisions of this section shall apply without exception and regardless of the size of the service main.
C. All water mains serving or intended to serve fire protection systems installed or replaced in the city of Bainbridge Island hereinafter shall have a minimum diameter of six inches in conformance with WAC 246-290-230 or 246-291-210.
D. Provisions shall be made wherever appropriate in any project for looping all dead-end or temporarily dead-end mains. A minimum 20-foot easement shall be required, in addition to a temporary 10-foot construction easement on each side of the permanent easement. Construction plans must be approved by the city engineer prior to the commencement of construction.
E. The minimum water main easement width shall be 20 feet in width. No permanent structures shall be built in the water main easement area.
F. Separation between water mains and other utilities shall conform with the other utility’s standards and the Pipeline Separation Design and Installation Reference Guide (Publication No. 06-10-029 or as amended or replaced) promulgated by the Washington State Department of Ecology.
G. Water main extensions will be required when the property does not front on a water main or when the existing water main is not adequate for the increased use proposed.
H. Due to the complexities of many water mains and their interface with other underground structures, all water main construction shall be staked to insure placement within designated easements. Any deviation from this requirement shall be approved by the city engineer.
I. Every effort shall be made to incorporate looped water mains into a project. In cases where it is not possible to loop a new main installation, a minimum of a two-inch blow-off shall be required at all line ends.
J. All hook-ups to fire hydrants for temporary water for whatever purpose shall be approved by the public works department, shall be metered, and will require a temporary hydrant valve. In addition, double check valves may also be required if a potential for contamination exists. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 94-29 §§ 13, 14, 1995; Ord. 85-03 § 1, 1985)
13.10.080 Private hydrants.
The installation of private hydrants as defined herein shall meet the requirements for public hydrants and shall be located in accordance with this chapter to provide adequate fire protection. The fire and public works departments shall have the right to go upon the premises and to use the private hydrant for testing, flushing and public emergency uses. When private hydrants are proposed, prior to project acceptance, the responsible party shall record a covenant in a form acceptable to the city stipulating inspection, maintenance, repair, and other conditions necessary and incumbent on the owner to assure continued operation and availability of the fire hydrant for public safety use in perpetuity. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 2008-23 § 3, 2008: Ord. 85-03 § 1, 1985)
13.10.090 Flush-type hydrants.
Repealed by Ord. 2021-02. (Ord. 85-03 § 1, 1985)
13.10.100 Construction standards.
Construction shall be completed in accordance with approved plans and specifications. For city owned and operated public water systems, in addition to the approved plans and specifications, construction shall comply with the DCSS. (Ord. 2021-02 § 1 (Exh. A), 2021)
13.10.110 Street grade and hydrant clearance.
Repealed by Ord. 94-29. (Ord. 85-03 § 1, 1985)
13.10.120 Surrounding vegetation prohibited.
Repealed by Ord. 2021-02. (Ord. 2016-13 § 1, 2016: Ord. 2008-23 § 4, 2008: Ord. 85-03 § 1, 1985)
13.10.130 Occupancy of building.
Repealed by Ord. 2021-02. (Ord. 85-03 § 1, 1985)
13.10.140 Unlawful conduct.
Repealed by Ord. 2021-02. (Ord. 85-03 § 1, 1985)
13.10.150 Inspection required.
All improvements shall be subject to inspection by a duly authorized representative of the city, both during the course of construction and after construction is complete. The inspector shall have the authority to determine whether or not materials of construction, methods of construction and workmanship comply with working drawings and specifications. The contractor shall provide for reasonable tests and proof of quality of materials as requested by the inspector. The inspector may require that work be suspended for due cause. For purposes of this section, “due cause” includes adverse weather conditions, poor workmanship, the use of questionable materials or methods of construction, and nonadherence to specifications and drawings. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)
13.10.160 Approval not deemed acceptance.
Approval by the inspector shall not be deemed acceptance of the improvement by the city. Acceptance shall be only by action of the Bainbridge Island city council. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)
13.10.170 Penalties.
Any person violating any provision or term of this chapter shall, upon conviction thereof, be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 2021-02 § 1 (Exh. A), 2021; Ord. 85-03 § 1, 1985)