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52

ARTICLE II. - WATER

Part of the Code of Ordinances of East Providence, RI.

Local law · 2,200 sections

The text

Footnotes:

--- (2) --- Charter reference— Certain rules and regulations to be filed with city clerk, § 13-2; responsibility of department of public works relative to water supply system, § 6-3.

DIVISION 1. - GENERALLY#

Sec. 17-16. - Adequate supply of water.#

Every dwelling house, tenement house or other occupied building shall have an adequate supply of drinkable water at one or more accessible points.

(Rev. Ords. 1987, § 17-16)

Sec. 17-17. - Filling wells and cisterns.#

Whenever, in the opinion of the city council, the use of any well or cistern is dangerous to health, the use of such well or cistern shall be discontinued and such well or cistern shall be filled with ashes, sand or gravel or shall have a suitable stone or iron cover cemented down.

(Rev. Ords. 1987, § 17-17)

Sec. 17-18. - Rates, rules and regulations—Adopted.#

The city council hereby adopts and ratifies the latest rates, rules and regulations as established by the director of public works as the rates, rules and regulations of the water division of the city and such rules and regulations are on file and available in the city offices.

(Rev. Ords. 1987, § 17-18)

Sec. 17-19. - Same—Amendments.#

The rates, rules and regulations of the water division of the city adopted and ratified by the city council are hereby amended as follows:

Section 1. Bills rendered monthly, quarterly or semi-annually. Amended to read as follows: "Water bills are rendered to the owner of the property supplied. Large industrial, manufacturing, and commercial accounts are billed monthly, all others are billed quarterly."

Section 2. Meters. Amended by adding thereto the following: "Remote reading water meters. All meters installed on new services shall be the remote reading type equipped with outside registers for remote reading from an outside receptacle. The outside receptacle shall be securely attached to the exterior of the house or building and connected to the outside register by a cable. The cost of the entire assembly will be included in the price of the meter. The applicant shall arrange with their contractor to install the outside register and the cable in a location approved by the water division. Actual connections of the cable to the outside register shall be performed by the employees of the water division."

Section 2. Meters. Subsection entitled "meter testing" is amended to read as follows: "Every water meter is carefully tested before it is first installed, and before it is reset after being removed for repairs or other purposes. Periodic tests for duty of each meter will also be made as often as the water division may deem necessary. Should a property owner at any time question the accuracy of the meter on his service, it may be tested (preferably in his presence) after the division receives the request in writing. A deposit of $25.00 will be required before the meter is disconnected. Should the test show that the meter has been overregistering in excess of 1.5 percent, the deposit will be refunded. If the test is within this limit or registers in favor of the consumer, the deposit will be retained by the division to cover the cost of removal and test."

Section 3. Service pipes (general). Amended by changing the subsection entitled, "Connection charge for service pipes," to read as follows: "Service pipes are installed by the water division from the distribution main in the street up to and including the curb stop just inside the curbline. In the case of service lines six inches or larger, the installation will terminate just inside the curbline with no curb stop. The charge for this installation will be at the following rates, and must be paid for in advance. Size of Pipe Cost of Installation

¾-inch $1,675.00 (includes meter)

1-inch $1,770.00 (includes meter)

2-inch $2,525.00 (includes meter)

6-inch and 8-inch $3,500.00 plus cost of tapping sleeve and valve (no meter)

The above service pipe charge is a connection charge and is made irrespective of the length of service pipe or the location of the main pipe.

Additional costs such as road sawcutting, police detail work and work necessary to comply with state road cut permits will be billed as required by the job."

Section 3. Service pipes (general). Subsection entitled "material for service pipes" is amended to read as follows: "All service pipes three-fourths inch in diameter to and including two inches in diameter shall be type "K" extra heavy, soft temper, cold drawn, seamless, deoxidized copper tubing, having a minimum ultimate tensile strength of not less than 30,000 pounds per square inch. For service pipes three-fourths inch in diameter to and including two inches, the water division may also allow polyethylene tubing type 3408 high-density polyethylene of 200 psi pressure rating. PE tubing shall be of copper pipe size and shall meet ASTM specifications for D3350.

"Service pipes four inches in diameter and above shall be Class 52 ductile iron pipe, manufactured in accordance with American Water Works Association Specification AWWAC151-65."

Section 5. Financing extensions. Amended to read as follows: "Whenever any such water main shall be constructed, an assessment shall be made upon all lots abutting upon that portion of the street in which such water main shall be located and at a rate not exceeding $8.00 for each front foot of such lots upon such streets, plus a charge, to the applicant only, for rock excavation, at the rate of $20.00 per cubic yard of rock actually required to be removed to make the extension; and provided also, that the assessment shall apply to the front feet on the street where the water main is first constructed, and the first 80 feet on the side street shall be exempt from assessment, if thereafter, a main shall be constructed on such side street. Rock excavation will be measured, as the main extension progresses, and all ledge and boulders, in excess of one-half cubic yard will be subject to the $20.00 per cubic yard charge. Upon completion of the main extension, the applicant will be notified of such charge for rock excavation and shall pay such charge, in full, before the main extension will be placed in service. In the event that any estate is situated between two streets, where water mains are constructed, the assessment shall apply to the front feet on the street where the water main is first constructed, and 80 percent of the footage on the side street shall be exempt from assessment."

(Rev. Ords. 1987, § 17-19; Ch. 272, § I, 8-19-03)

Secs. 17-20—17-35. - Reserved.#

DIVISION 2. - RATES AND CHARGES#

Sec. 17-36. - Water rates.#

(a)

The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $5.03 per 100 cubic feet, until May 16, 2021. Effective May 17, 2021, for all consumers, the water rate shall be $5.33 per 100 cubic feet. For subsequent years, the effective rate shall be modified as follows:

Effective October 15, 2022, the rate per 100 cubic feet will increase to $5.65.

Effective October 15, 2023, the rate per 100 cubic feet will increase to $5.99.

Effective October 15, 2024, the rate per 100 cubic feet will increase to $6.35.

Effective October 15, 2025, the rate per 100 cubic feet will increase to $6.73.

At the end of each fiscal year, an analysis will be performed to determine if revenues are consistent with projections. Prior to the end of fiscal year 2023-2024, a rate study will be performed to determine if a modification is required for subsequent years.

(b)

All additional charges to the city from the Providence water supply board, the state or any other authorized agency shall be added to the city billing for water charges to its customers in the first billing period following the imposition of any such additional charges.

(c)

Effective May 17, 2021, the annual fixed meter charge portion of the water charge shall be as follows:

Meter Size Fixed Charge (Existing) Fixed Charge Effective May 17, 2021 Fixed Charge Effective November 1, 2022 Fixed Charge Effective November 1, 2023 Fixed Charge Effective November 1, 2024 Fixed Charge Effective November 1, 2025

⅝" $85.00 $90.10 $95.51 $101.24 $107.31 $113.75

¾" $127.50 $135.15 $143.26 $151.86 $160.97 $170.63

1" $212.50 $225.25 $238.77 $253.10 $268.29 $284.39

1½" $425.00 $450.50 $477.53 $506.18 $536.55 $568.74

2" $680.00 $720.80 $764.05 $809.89 $858.48 $909.99

3" $1,360.00 $1,441.60 $1,528.10 $1,619.79 $1,716.98 $1,820.00

4" $2,125.00 $2,252.50 $2,387.65 $2,530.91 $2,682.76 $2,843.73

6" $4,250.00 $4,505.00 $4,775.30 $5,061.82 $5,365.53 $5,687.46

8" $6,800.00 $7,208.00 $7,640.48 $8,098.91 $8,584.84 $9,099.93

Such fee shall be prorated quarterly or monthly for customers who are billed on a quarterly or monthly basis.

(d)

Any amount unpaid on the due date, after a seven calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

(Rev. Ords. 1987, § 17-36; Ch. 144, § I, 10-23-00; Ch. 270, § I, 8-19-03; Ch. 368, § I, 11-1-05; Ch. 469, § I, 11-5-08; Ch. 602, § II, 5-6-14; Ch. 669, §§ I, II, 5-2-17; Ch. 687, § I, 11-21-17; Ch. 798, § I, 4-20-21)

Sec. 17-37. - Water service fees.#

Fees for service charges for the following services performed by the water department are hereby fixed as follows: (1)

Installation of water meter .....$50.00

(2)

Testing water meter under existing regulations or when requested by customer: .....

a.

1-inch and smaller .....No charge

b.

1.5-inch and larger .....Actual cost

(3)

Turning off or turning on water after working hours at request of customer (non-emergency): Actual labor cost

(4)

Turning on water after customer pays delinquent bill .....25.00

(5)

Shut off charge (for nonpayment) .....50.00

(6)

Fire protection service sprinkler or private hydrant: .....

a.

Six-inch pipe serviced to property, annual .....225.00

b.

Eight-inch pipe services to property, annual .....300.00

c.

Two-inch pipe serviced to property, annual .....100.00

d.

Sprinkler system on domestic service .....100.00

(7)

Fire flow test .....100.00

(8)

Final reading and closing statement .....25.00

(9)

Frozen meter: Actual repair cost

(10)

Bacteria sample—New water main disinfection .....40.00

(Rev. Ords. 1987, § 17-37; Ch. 273, § I, 8-19-03; Ch. 687, § II, 11-21-17)

Sec. 17-38. - Water shutoff hardships.#

The city administration shall be charged with establishing a water service shutoff policy pursuant to the following conditions; (1)

Those seeking relief from water shutoffs due to financial or medical hardships will appeal to the city's administrative process for relief. Medical hardship is defined as a medical condition of a customer or member of the customer's household in which the cessation of water service would create a health hazard. Medical documentation of the condition must be presented to substantiate the hardship. Financial hardship is defined as a death, disability or incapacity of the customer or a member of the customer's household that causes a substantial impact on the income of a customer or customer's household. Financial documentation of the loss must be presented to substantiate the hardship.

(2)

Appeals of the city administration decision regarding a "water shutoff" for medical or financial hardships may be appealed to the city council sitting as the claims committee within 7 days of the city administration's decision. Appeals must be heard within 21 days upon receipt by the city.

(3)

Upon the filing of a hardship request with the city administration by a customer, the customer's shutoff shall be stayed until the matter is heard and decided by the City Council. Should a hardship not be granted, the customer shall have five (5) business days to pay prior to shutoff.

(4)

Any substantive changes to the administration's shut-off policy shall be transmitted to the city council and entered into the record. The new policy shall not take effect for thirty days after transmittal and shall be posted on the city's website.

(Ch. 687, § III, 11-21-17)

Secs. 17-39—17-50. - Reserved.#

DIVISION 3. - WATER CONSERVATION#

Sec. 17-51. - Establishment; approval of mayor.#

Whenever the director of public works shall declare that an emergency exists relative to the adequacy of the supply of water for public use and consumption and such declaration of emergency shall be acknowledged and confirmed by the mayor, the director of public works shall be empowered to establish such rules and regulations restricting the use of water as in his judgment the circumstances may require, provided that before such rules and regulations shall be enforced, they must be approved by the mayor.

(Rev. Ords. 1987, § 17-51; Ch. 877, § I, 6-6-23)

Sec. 17-52. - When lawful and enforceable.#

Upon the approval of the rules and regulations established pursuant to section 17-51 by the mayor, they shall become lawful and enforceable as though the city council has enacted such restrictions.

(Rev. Ords. 1987, § 17-52; Ch. 877, § I, 6-6-23)

Sec. 17-53. - Duration.#

The rules and regulations established pursuant to section 17-51 shall continue in force until such time as the director of public works and the mayor declare the existence of the emergency to have been terminated.

(Rev. Ords. 1987, § 17-53; Ch. 877, § I, 6-6-23)

Sec. 17-54. - Publication.#

Whenever an emergency has been declared to exist under sections 17-51 through 17-53, such emergency rules and regulations shall be advertised forthwith at least once in a daily newspaper published in the city, and at the termination of the emergency, notice of such termination shall be advertised in such newspapers in like manner.

(Rev. Ords. 1987, § 17-54)

Sec. 17-55. - Violation of rules and regulations.#

Any person who violates any one of the rules or regulations restricting the use of water during emergencies and is convicted of such violation shall be fined.

(Rev. Ords. 1987, § 17-55)

Sec. 17-56. - Enforcement; service of summons upon violation.#

The director of public works or his agent shall be the enforcing officer and is hereby authorized to issue summons to be served upon any violator of the rules and regulations established pursuant to section 17-51 requesting such person to appear before the district court of the seventh judicial district.

(Rev. Ords. 1987, § 17-56)

DIVISION 4. - CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROGRAM#

Sec. 17-57. - Definitions.#

Approved. Accepted by the department as meeting an applicable specification stated or cited in this regulation, or as suitable for the proposed purpose.

Auxiliary water supply. Any water supply, on or available, to the premises other than the purveyor's approved public water supply.

Backflow. The flow of water or other liquids, mixtures or substances, under positive or reduced pressure in the distribution pipes of a potable water supply from any source other than its intended source.

Backflow preventer. A device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced pressure principle device, double check valve assembly, pressure vacuum breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual check, double check with intermediate atmospheric vent, and barometric loop. (1)

Air gap. A physical separation sufficient to prevent backflow between the free flowing discharge end of the potable water system and any other system. Physically defined as a distance equal to twice the diameter of the supply side pipe diameter but never less than one inch.

(2)

Atmospheric vacuum breaker. A device which prevents backsiphonage by creating an atmospheric vent when there is either a negative pressure or sub-atmospheric pressure in a water system.

(3)

Barometric loop. A fabricated piping arrangement rising at least 35 feet at its upmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage.

(4)

Double check valve assembly. An assembly of two independently operating spring loaded check valves with tightly closing shut off valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.

(5)

Double check valve with intermediate atmospheric vent. A device having two spring loaded check valves separated by an atmospheric vent chamber.

(6)

Hose bibb vacuum breaker. A device which is permanently attached to a hose bibb and which acts as an atmospheric vacuum breaker.

(7)

Pressure vacuum breaker. A device containing one or two independently operated spring loaded check valves and an independently operated spring loaded air inlet valve located on the discharge side of the check(s). Device includes tightly closing shut-off valves on each side of the check valves and properly located test cocks for the testing of the check valve(s).

(8)

Reduced Pressure Principle Backflow Preventer. An assembly consisting of two independently operating approved check valves with an automatically operating differential relief valve located between the two check valves, tightly closing shut-off valves on each side of the check valves plus properly located test cocks for the testing of the check valves and the relief valve.

(9)

Residential dual check. An assembly of two spring loaded, independently operating check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device.

Backpressure. A condition in which the owners' system pressure is greater than the suppliers' system pressure.

Backsiphonage. The flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply system from any source other than its intended source caused by the sudden reduction of pressure in the potable water supply system.

Containment. A method of backflow prevention which requires a backflow preventer at the water service entrance.

Contaminant. A substance that will impair the quality of the water to a degree that it creates a serious health hazard to the public.

Cross-connection. Any actual or potential connection between the public water supply and a source of contamination or pollution.

Department. The City of East Providence department of public works, water utilities division.

Fixture isolation. A method of backflow prevention in which a backflow preventer is located to correct a cross connection at an in-plant location rather than at a water service entrance.

Owner. Any person who has legal title to, or license to operate or habitat in, a property upon which a cross-connection inspection is to be made or upon which a cross-connection is present.

Person. Any individual, partnership, company, public, or private corporation, political subdivision or agency, or any other legal entity.

Permit. A document issued by the department which allows the use of a backflow preventer.

Pollutant. A foreign substance, that if permitted to get into the public water system, will degrade its quality so as to constitute a moderate hazard, or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health but which does adversely and unreasonably effect such water for domestic use.

Water service entrance. That point in the owners' water system beyond the sanitary control of the department, generally considered to be the outlet end of the water meter and always before any unprotected branch.

(Ch. 356, § I, 9-20-05)

Sec. 17-58. - Purpose.#

(a)

To protect the public potable water supply served by the city from the possibility of contamination or pollution by isolating within its customers internal distribution system, such contaminants or pollutants which could backflow or back-siphon into the public water system.

(b)

To promote the elimination of control of existing cross connections, actual or potential, between its customers in-plant potable water system, and non-potable systems.

(c)

To provide for the maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connection.

(Ch. 356, § I, 9-20-05)

Sec. 17-59. - Administration.#

(a)

The department of public works, water utilities division will operate a cross-connection control program, to include the keeping of necessary records, which fulfills the requirements of these regulations as approved.

(b)

The owner shall allow his property to be inspected for possible cross-connections and shall follow the provisions of these regulations.

(c)

If the department requires that the public supply be protected by containment, the owner shall be responsible for water quality beyond the outlet end of the containment device and should utilize fixture outlet protection for that purpose.

(Ch. 356, § I, 9-20-05)

Sec. 17-60. - Requirements.#

(a)

Department.

(1)

For all new construction or plumbing improvements and/or modifications which require a plumbing permit, the department will review plans submitted for evaluation in order to determine the type of backflow preventer that will be required. In any case, a minimum of a dual check valve will be required for all new construction and for any plumbing modifications. The department may require an on-site evaluation before the permit is issued.

(2)

For premises existing prior to the start of this program, the department reserves the right to perform evaluations and inspections of plans and/or premises and inform the owner by letter of any corrective action deemed necessary, the method of achieving the correction, and the time allowed for the correction to be made. Ordinarily, 90 days will be allowed, however, this time period may be shortened depending upon the degree of hazard involved and the history of the device(s) in question.

(3)

The department will not allow any cross-connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested in accordance with these regulations to insure satisfactory operation.

(4)

The department shall inform the owner, in writing, of any failure to comply by the time of the first re-inspection. The department will allow an additional 15 days for the correction. In the event the owner fails to comply with the necessary correction by the time of the second re-inspection, the department will inform the owner by letter that the water service to the owner's premises will be shut off within a period not to exceed five days. In the event that the owner informs the department of extenuating circumstances as to why the installation has not been made, a time extension may be granted.

(5)

If the department determines at any time that a serious threat to the public health exists, the water service will be shut off immediately.

(6)

The department shall have on file, a list of private contractors who are certified backflow device testers. All charges for these tests will be paid by the owner of the building or property.

(b)

Owner.

(1)

The owner shall be responsible for the elimination or protection of all cross-connections on his premises.

(2)

The owner, after having been informed in writing by the department, shall at his/her expense install, maintain, and test or have tested any and all backflow preventers on the premises.

(3)

The owner shall at his/her expense correct any malfunction of any backflow preventer which is revealed by periodic testing. The department reserves the right to require replacement of any backflow preventer that it deems unrepairable or otherwise unfit in order to provide service and operation.

(4)

The owner shall not install a by-pass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operations for testing of the device(s) must supply an additional device on a bypass in order to allow testing to take place.

(5)

The owner shall immediately inform the department of any proposed or modified cross-connections and also any existing cross-connections of which the owner is aware but has not been found by the department.

(6)

The owner shall install backflow preventers in a manner and location approved by the department.

(7)

The owner shall install only backflow preventers approved by and in accordance with the requirements of the department.

(8)

In the event the owner installs plumbing to provide potable water for domestic purposes which is on the department's side of the backflow preventer, such plumbing must have its own backflow preventer installed.

(9)

The owner shall be responsible for the payment of all fees for permits, testing and retesting in the case that the device fails to operate correctly and second and subsequent re-inspection for non-compliance with the department's requirements.

(10)

Effective the date of the acceptance of this cross connection control program, all new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. Installation of this residential dual check device on a retrofit basis on existing service shall be done upon the issuance of a plumbing permit for any plumbing improvements or modifications.

(11)

The owner must be aware that installation of an approved backflow prevention device results in a potential closed plumbing system within his/her facility or residence. As such, provisions may have to be made by the owner to provide for thermal expansion within the closed loop system, i.e., the installation of thermal expansion devices. The city shall not be held liable for plumbing failures associated with faulty or inappropriate installations.

(12)

In accordance with the Rhode Island State Building Code, Plumbing Code Regulations, "The owner or the owner's designated agent shall be responsible for the safe and sanitary maintenance of the plumbing system in any building or structure at all times."

(Ch. 356, § I, 9-20-05)

Sec. 17-61. - Devices.#

(a)

Backflow preventers. All installed backflow preventers shall conform to the latest revision of the American Water Works Association (AWWA) Standard C506, the latest revision of the applicable standard of the American Society of Sanitary Engineering (ASSE) or the latest revision of the Foundation for Cross-Connection Control and Hydraulic Research of the University of Southern California standards.

(b)

Strainers. All new retrofit installations of reduced pressure principle devices and double check valve backflow preventers shall include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may "stir up" debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.

(c)

Existing in-use backflow prevention devices. Any existing backflow preventer shall be allowed by the department to continue in service unless it has been determined by a certified tester that the device is no longer effective or will result in an unreasonable risk to the public health. In the case of a residential installation converting to a business establishment, an existing backflow preventer must be upgraded to a reduced pressure principle device, or a reduced pressure principle device must be installed in the event that no backflow device was present.

(Ch. 356, § I, 9-20-05)

Sec. 17-62. - Periodic testing.#

(a)

Reduced pressure principle backflow devices shall be tested and inspected at least annually.

(b)

Periodic testing shall be performed by a certified tester. This testing will be done at the owner's expense.

(c)

Any backflow preventer which fails during a periodic test will be repaired or replaced. When repairs are necessary, upon completion of the repair the device will be re-tested at the owner's expense to insure correct operation. High hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 30 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner insuring that uninterrupted water service during testing or repair of devices if and when the owner desires such continuity of service.

(d)

Backflow prevention devices may be tested more frequently than specified in (a) above, in cases where there is a history of test failures and the department feels that due to the degree of hazard involved, additional testing is warranted

(Ch. 356, § I, 9-20-05)

Secs. 17-63—17-75. - Reserved.#