Chapter 13.112
WATER USE REGULATIONS*
Sections:
13.112.015 Application approval—Availability of water.
13.112.020 Refusal of service upon use of unsafe or unlawful apparatus.
13.112.030 Inspection of apparatus—Public works department’s right of access.
13.112.040 Refusal of service upon excessive demand by customer.
13.112.050 Right of public works department to terminate service.
13.112.060 Tampering with public water system.
13.112.070 Approval required for abnormal use of water.
13.112.075 Reselling by customers prohibited—Delivery only to customer’s premises permitted.
13.112.090 Equipment and property—Customer’s liability for damage.
13.112.100 Shutoff valve required.
13.112.110 Cross-connections prohibited when.
13.112.120 Nonliability of city for interruption of service.
13.112.130 Wellhead protection.
* Prior ordinance history: Ords. 95-769 and 99-025.
13.112.010 Purpose.
In order to provide for the public health and safety, water service is furnished to customers subject to the general restrictions set out in Sections 13.112.020 through 13.112.130. (Ord. 00-028 § 6 (part), 2000)
13.112.015 Application approval—Availability of water.
Application approval shall be conditional upon the availability of water as determined by the city, and upon the payment in full of systems development charges set forth in this code. (Ord. 00-028 § 6 (part), 2000)
13.112.020 Refusal of service upon use of unsafe or unlawful apparatus.
The public works department may refuse to furnish water or may discontinue service to any premises where apparatus, appliances or equipment using water is dangerous, unsafe or unlawful. (Ord. 00-028 § 6 (part), 2000)
13.112.030 Inspection of apparatus—Public works department’s right of access.
The public works department does not assume liability for inspecting apparatus on the customer’s property. The authorized representative of the public works department shall have access to private premises for the purpose of determining compliance with Section 13.112.020. (Ord. 00-028 § 6 (part), 2000)
13.112.040 Refusal of service upon excessive demand by customer.
The public works department may, in the public interest, refuse to furnish water or may discontinue service where excessive demand by one customer may be detrimental to the service which may be furnished to other customers. (Ord. 00-028 § 6 (part), 2000)
13.112.045 Increase in use.
No person, firm, association or corporation may increase its use of service as stated in the application without giving due notice of such increase. In the event of such increase, the customer will be required to pay the city’s regular rates for such increased service from the date of connection with and use of the same. (Ord. 00-028 § 6 (part), 2000)
13.112.050 Right of public works department to terminate service.
The public works department shall have the right to refuse or to terminate service to any premises to safeguard against fraud or abuse. (Ord. 00-028 § 6 (part), 2000)
13.112.060 Tampering with public water system.
Whenever the public works director, or his designee, has reasonable grounds to believe that a person, firm or corporation is using water from a fire hydrant without authority, or has otherwise tampered with a water meter, connected to the city water system without authority or is taking water without authority in an egregious or repeated manner, the city manager, public works director, or his designee at their discretion, is authorized to initiate code enforcement action per Chapter 20.100 BGMC. (Ord. 16-13 § 2, 2016: Ord. 07-01 § 1, 2007: Ord. 00-028 § 6 (part), 2000)
13.112.070 Approval required for abnormal use of water.
Abnormal use of water for filling swimming pools or for similar purposes shall be subject to prior approval of the public works department with regard to the quantity involved and to the time of taking such water. (Ord. 00-028 § 6 (part), 2000)
13.112.075 Reselling by customers prohibited—Delivery only to customer’s premises permitted.
No customer shall resell water received through his service connection, nor shall such water be delivered to premises other than specified in the application for service. (Ord. 00-028 § 6 (part), 2000)
13.112.090 Equipment and property—Customer’s liability for damage.
The customer shall be liable for any damage to the meter or other equipment or property owned by the public works department which results from an overt or negligent act of the customer, his tenants, agents, employees, contractors or licensees. The public works department shall be reimbursed by the customers for any such damage promptly on presentation of a bill. (Ord. 00-028 § 6 (part), 2000)
13.112.100 Shutoff valve required.
The customer shall install, as close to the meter location as practicable, a suitable shutoff valve in his house connection to the meter that will shut off all service to his premises. (Ord. 00-028 § 6 (part), 2000)
13.112.110 Cross-connections prohibited when.
Regulations of the Washington State Department of Health prohibit cross-connections between the public water supply and unapproved sources. No cross-connections of any type shall be permitted with other sources of supply, or where the circumstances are such that there is danger of backflow of sewer water from unapproved sources or other contaminated liquids through plumbing fixtures, while using or treating equipment, storage tanks and reservoirs, unless prior evidence of compliance with the state plumbing code and approval of the State Health Department are presented.
A. Any and all cross-connections between the city water system and any other water source shall be controlled (or eliminated) under the direction and supervision of the public works director or his/her authorized designee. All such connections shall include backflow prevention assemblies approved by the Clark County health district or the Washington State Department of Health or air-gap separations in lieu thereof. Such installations shall be inspected and tested by a Washington State certified backflow assembly tester (B.A.T.) not less than once each year and may be inspected more often in the discretion of the public works director or his/her designee.
B. Inspections shall be conducted at the user’s expense by a qualified B.A.T. to be approved by the public works director. Results of the inspection and testing shall be certified to the city within thirty days of the date the inspection is ordered and notice given to the user.
C. Persons authorized by the public works director shall have access to any premises where such cross-connection exists or is hereafter installed for the purpose of inspecting said installation. Failure of the user to cooperate in the installation, maintenance, repair, inspection or testing of backflow prevention assemblies shall be subject to termination of water service in addition to any other penalties provided by law.
D. The public works director, and/or his/her designee, shall be guided by Chapter 10, Uniform Plumbing Code, state of Washington, and the current edition of the Cross-Connection Control Manual—Accepted Procedure and Practice, published by the Pacific Northwest Section, American Waterworks Association, or as it may hereafter be amended.
E. The owner and/or user of any property where a cross-connection now or hereafter exists shall be liable to third parties for any and all damages sustained as a result of said cross-connection. This liability shall include indemnification of the city of Battle Ground for any such damages suffered by it, including attorneys’ fees and costs of defense.
F. The minimum backflow protection on an irrigation or any other system shall be a double-check valve assembly (DCVA). Atmospheric vacuum breakers (AVB) shall not be used as the sole backflow preventer in any type of system. Residential hose bibs are excluded. Irrigation systems or any other system with chemical injection of any kind shall have a minimum of a reduced pressure backflow preventer (RPBA) installed. (Ord. 13-07 § 8, 2013: Ord. 07-02 § 1, 2007: Ord. 00-028 § 6 (part), 2000)
13.112.120 Nonliability of city for interruption of service.
The city shall not be liable for damages resulting from interruption of service. Temporary shutdown may be made for the purpose of repairs and improvements. The city shall not be liable for interruptions, shortage or insufficiency of service, or for any loss or damage occasioned thereby, or resulting from accident, act of God, fire, strikes, or other cause beyond its control. (Ord. 00-028 § 6 (part), 2000)
13.112.130 Wellhead protection.
Any person, firm or corporation causing damage to any well, wellhead or related capital facilities belonging to or used by the city of Battle Ground for obtaining or providing of public water shall be liable for any actual damages incurred in repairing such facilities or restoring the public water supply or any replacement thereof. All uses identified by the Washington State Department of Health not to be near an established wellhead are prohibited within a one-hundred-foot radius of such wellhead. (Ord. 00-028 § 6 (part), 2000)