City of Rochester, NH
Strafford County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City of Rochester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and property maintenance — See Ch. 40.
Health and sanitation — See Ch. 94.
Sewers — See Ch. 200.
[Adopted 6-6-1995 as Ch. 17 of the 1995 Code]
[Amended 5-5-1998]
The following rules and regulations, and such regulations as may be hereafter established by the Rochester Department of Public Works, shall be considered a part of the contract with every customer who uses water supplied by the Rochester Department of Public Works and such customer by taking water shall be considered as expressing his/her assent to be bound thereby.
As used in this article, the following words and terms shall have the meaning set forth below:
APPLICATION FOR WATER SERVICE
The form signed by the owner or his/her designated representative to obtain water from the distribution water mains which will become the contract between the Department of Public Works and the applicant.
BUSINESS OFFICE
The Business Office of the City of Rochester, New Hampshire, as represented by its Finance Director, or duly authorized employee.
CITY
The City of Rochester, New Hampshire.
COMMISSIONER
The Commissioner of Public Works or his/her designee. See § 7-18A of the City Code.
[Amended 3-5-2019]
CURB STOP
The shutoff valve located on the water service line from the water main to the structure.
CUSTOMER
The party who has made an application for a water service for the dwelling unit described in the application, or the subdivision supplied with water service by the City of Rochester, or the owner or agent thereof for the property being serviced. This includes any private person, commercial business, corporation, industry or governmental division.
DEPARTMENT OF PUBLIC WORKS
The Department of Public Works of the City of Rochester, New Hampshire, as represented by its Commissioner of Public Works or duly authorized employee or agents.
DISTRIBUTION WATER MAIN
Water mains which are installed or presently located on roadway layouts, rights-of-way, or easements which provide the water for fire protection or water services, including the individual shutoff.
DWELLING UNIT
A single-family home, cottage, mobile home on private property, apartment, condominium or townhouse.
READER
A device installed by the Department of Public Works for remote reading of the quantity of water measured by the water meter.
REPLACEMENT COSTS
Expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the operational life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term "operation and maintenance" includes replacement costs.
[Amended 5-5-1998]
SEWER DEDUCT METER
A device installed and owned by the Department of Public Works for the measurement of water that will not be disposed of in the City sewer system.
UTILITY ADVISORY BOARD
The Utility Advisory Board of the City of Rochester, New Hampshire.
WATER METER
A device installed by the Department of Public Works for the measurement of water quantities to be used as a basis for determining charges for water services.[1]
WATER SERVICE
The pipe extending from the distribution water main to the customer's building or structure.
[1]
Editor's Note: The definition of "water rates and charges" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 260-33, Water Rate and Fee Schedule.
A. 
To the largest extent possible, the City of Rochester is intended to have a fully metered system with outside readers; all residential, commercial and industrial customers shall be metered, unless it is determined by the Commissioner not practical to do so.
B. 
All school buildings, non-City community facilities, hospitals, etc., shall be considered separate services, metered and billed as commercial customers.
C. 
Customers shall be billed in accordance with the provisions of § 260-18 of this article.
D. 
In agreement with any like provision in Chapter 200, Sewers, an elderly exemption, based on existing property tax requirements for such exemptions, shall be instituted.
E. 
For all commercial and industrial customers not presently metered, the installation of a meter will be required. The customer shall pay any costs associated with such installation.
F. 
In the event of a meter or reader failure or when in the opinion of the Business Office or Commissioner a flat rate billing is necessary, each unit of a multi-unit dwelling or mobile home park shall be considered a residential customer. The property owner shall be billed for each dwelling unit even if the property has only one service (i.e., the owner of a ten-unit apartment building shall be billed the residential flat rate times 10).[1]
[1]
Editor's Note: Original § 17.4, Water Service Connection Required, which immediately followed this section, was repealed 10-7-2014.
A. 
All applications for water service or expansions or fire sprinklers must be made at the Public Works Department office on an application form, stating fully and truly the uses to which the water is to be applied. The customer or his/her duly authorized representative must sign such application.
B. 
An estimate of the cost of work to install the service will be prepared by the applicant and verified by the Department of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
A deposit equal to the estimated cost or a payment agreement shall be made with the Business Office before the work is begun. This regulation also applies to repairs on service piping, the setting of new meters, including outside reader, radio read equipment and appurtenances, or the repair of meters already installed if damaged due to the negligence of the owner. All financial obligations involved in such transactions shall be adjusted immediately upon the completion of the work in the interests of all parties involved.
[Amended 3-6-2007]
D. 
Installation charges and other fees on all new services must be paid or a payment agreement made with the Business Office before the water is turned on. This regulation also applies to repairs on service piping, the setting of new meters, including outside reader, radio read equipment and appurtenances, or the repair of meters already installed if damaged due to the negligence of the owner. All financial obligations involved in such transactions shall be adjusted immediately upon the completion of the work in the interests of all parties involved.
[Amended 3-6-2007]
E. 
The Commissioner may waive the deposit for emergency repair purposes.
F. 
The City of Rochester may allow applicants to enter into agreements with the City to pay all costs in equal installments over a period of time. Interest shall accrue on late payments at the same rate charged by the City for overdue property tax bills. Such agreements shall be recorded with the Strafford County Register of Deeds at the expense of the applicant. In the event property is conveyed, all monies owed to the City of Rochester shall be remitted in full.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended 11-14-2006; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The minimum size of service connections and meter installation permitted shall conform to the recommendations of the American Water Works Association.
A. 
The Department of Public Works or its agent shall or developer's or property owner's contractor shall install all new water services.
B. 
The Department of Public Works or its agent shall make necessary repairs to existing services up to the customer's side of the curb stop. The cost incurred for the repair and maintenance of all existing water services from the distribution main up to the customer's side of the curb stop, or to the customer's property line, whichever is further from the distribution main, shall be the responsibility of the Department of Public Works. The cost incurred for the repair and maintenance of existing water services from the customer's side of the curb stop, or from the customer's property line, whichever is closer to the customer's building, shall be the responsibility of the customer, except that the customer shall not be responsible for the cost of the sidewalk or roadway excavation and repair.
C. 
If new services are installed by a developer or property owner, the Department of Public Works must approve all materials, inspect the installation, provide and install the meter, perform the installation of the remote reader, install all wiring and perform testing and sealing of meters. All charges incurred during the work are the responsibility of the developer or property owner.
D. 
If a developer's or property owner's contractor's installation is found to be incorrect it shall be the developer's or property owner's responsibility to have it corrected.
E. 
Annually, before any contractor or company shall install or repair any portion of a water system within the City of Rochester, such contractor or company shall obtain a license from the Department of Public Works authorizing such contractor or company to perform installations of or repairs to such water system. Licenses shall be valid from January 1 through December 31 for any given year, except that in the first year after adoption, said existing licenses shall be prorated. The Commissioner of Public Works shall issue such license only to contractors or companies which demonstrate the ability to perform water installations and repairs in a workmanlike manner, consistent with the standards maintained by the Department of Public Works. All applicants shall be required to submit evidence of general liability insurance. The City Manager shall establish an annual fee for such water installation and repair license that shall be listed in § 260-33, Water Rate and Fee Schedule.
F. 
Any contractor or company installing or repairing any portion of the public water system must receive written authorization from the Department of Public Works and provide a performance bond or escrow account in the name of the City for the total (100%) of the estimated cost of the work.
G. 
The Department of Public Works and its agents shall have an easement 10 feet on each side of the water service for its entire length for the installation or repair of the service.
H. 
The customer shall be charged for all materials and labor associated with the initial installation or subsequent repairs due to negligence of the customer. The Department of Public Works shall do its best to return the easement to its prior condition as a result of installation or repair; however, it will be the customer's responsibility to repair and replace any damaged property within the aforementioned easement.
I. 
When it becomes necessary to thaw a frozen service pipe and it cannot be determined where it is frozen, 1/2 of the cost thereof shall be paid by the customer. The entire cost of thawing a frozen service pipe between the curb stop and the dwelling unit or other structure being served shall be the responsibility of the customer.
J. 
Ordinarily, no new service pipes or extensions of mains will be installed between December 1 and March 31 unless the customer shall defray all extra expenses incurred. An additional minimum charge as listed in § 260-33, Water Rate and Fee Schedule, shall be applied to the customer for road maintenance during these winter conditions if service or extension is allowed.
[Amended 11-14-2006]
A. 
No persons except those duly authorized by the Department of Public Works will tap any water main or connect any service pipes thereto. No unauthorized person shall shut off or turn on the water from any main within the street lines. No person except firefighters shall open any hydrants without the consent of the Department of Public Works. Water taken out of the system without permission will be calculated by the Division of Water Supply Works and the violator will be required to pay the same and, in addition, be subject to a fine for the violation of above provision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Notice of shutoff for repairs to mains or service pipes will be given when practicable.
C. 
No water service pipes shall be laid in the same trench with gas pipes, sewer pipes, or any other facility of a public utility nor within three feet of any open excavation or vault.
D. 
No cross-connection between the public water system and any non-potable supply will be allowed unless properly protected. The Department of Public Works shall inspect any such connection. No connection capable of causing backflow between public water supply and any waste outlet will be permitted.
A. 
All services are to be metered except in unusual cases where the Commissioner determines that it is not practicable. Every owned property shall be metered and equipped with a separate exterior shutoff valve for each meter. Existing City water customers prior to March 1, 2008, will not be required to retrofit existing services to comply with this shutoff valve for each meter requirement. However, new services or any meters not currently being read by the City shall be required to comply with this provision prior to the City taking over responsibility for reading or billing of said meter or customer. A common meter will be provided for rented units or lots. All meters will be maintained by the Department of Public Works, but the customer will be charged for any damage to meters caused by abnormal conditions, i.e., freezing, fire, tampering, etc. The Department of Public Works will set only one meter on any one service, and the owner of the premises shall be liable for the entire amount of water used on the premises irrespective of leases of individual consumers.
[Amended 4-2-2008]
B. 
Meters are installed for measurement of all water supplied to consumer. Customers shall provide a clean, dry, warm, safe and accessible place (always free from debris) for installation of a meter. The location shall be easily accessible by a person in the upright position for reading, maintaining and changing.
C. 
All persons shall avoid unnecessary waste of water. Water shall not be left running to prevent freezing unless required by the Department of Public Works. All customers taking water must keep their own fixtures, and service pipes within their property lines, in good repair, and fully protected from injury by frost, and all such pipes and connections shall conform to the Rochester Plumbing Code.
[Amended 5-5-1998; 4-2-2008]
Upon application and approval by the Department of Public Works, a customer may install a meter to measure water that will not be disposed of in the City's sewer system. The purpose of this meter would be to meter water uses, including but not limited to in-ground sprinkler systems and commercial air-conditioning systems. The cost of this meter inspection of the installation by the City is entirely the responsibility of the customer. The meter will fully meet the requirements of § 260-8 of this chapter except that the sewer deduct meter shall not be required to have a separate exterior shutoff valve.
A. 
All meters shall be kept in repair by the Department of Public Works except when damaged by the customer or by his/her negligence, including freezing. In case of any such damage, the cost of repairs shall be charged to the owner of the premises.
B. 
If the reader is out of repair or fails to register, the customer will be charged at the average daily consumption as shown by the reader when in order or the flat rate structure, whichever is less. Subsequently, if the actual amount of water used is determined to be different than the amount previously estimated, the charge will be on the subsequent billing by the difference between the two.
C. 
If a customer, after being so notified, does not allow access to the Department of Public Works in order to test and/or correct a faulty meter or reader, the customer's subsequent bill will be 1.5 times the average daily consumption as historically shown on the meter.
D. 
No person, except the duly authorized agent of the Department of Public Works, shall be allowed to reset, take off, or repair a meter.
[Amended 5-5-1998]
A. 
Only the Department of Public Works shall replace or remove and test all meters. No meter shall be placed in service or permitted to remain in service if the error of registration exceeds 2% or as established by the latest American Water Works Association (AWWA) meter standards, whichever is less.
B. 
The Department of Public Works may test a meter for accuracy in registration upon complaint of the water consumer. There shall be a minimum service charge for any complaint-driven service call. The minimum service charge shall be as listed in § 260-33, Water Rate and Fee Schedule. Any meter found to be accurate in accordance with this article will not be replaced by the Public Works Department due to a complaint.
C. 
Should the meter in question be found to be within the accuracy limits established by the latest AWWA meter standards, all applicable fees associated with testing shall be paid by the customer. If the meter in question is found to be inaccurate, all fees will be waived.
D. 
The percent of error of registration shall be taken as the average of the error at the intermediate and maximum rates of test flow. Any determination of charges shall be based on this average error.
[Amended 5-5-1998; 4-2-2008]
[Amended 5-5-1998]
Upon completion of adjustment and test of any meter under the provisions of these rules, the Department of Public Works shall affix thereto a suitable seal in such a manner that the adjustment of registration of the meter cannot be tampered with without breaking the seal. Disruption of the seal will be cause for discontinuance of service.
A. 
No customer or his/her agent shall perform a tampering event with regard to a meter without having first received the written consent and authorization of the Commissioner of Public Works and/or his/her designee to take such action. In the event that the Commissioner of Public Works and/or his/her designee shall determine that a customer and/or his/her agent has performed a tampering event with respect to a meter, such customer shall be subject to the following charges:
[Amended 5-5-1998]
(1) 
A charge in an amount based upon the actual water usage metered to such meter prior to the tampering event, if determinable.
(2) 
A charge in an amount based upon twice the estimated water usage for the premises serviced by the meter in question during the preceding billing period(s) or the corresponding billing period(s) during the year immediately preceding such tampering event, whichever is greater.
(3) 
A charge for all costs associated with the repair and/or replacement of such meter.
(4) 
A reconnection fee as listed in § 260-33, Water Rate and Fee Schedule.
B. 
Anything in Subsection A above to the contrary notwithstanding, should a customer or his/her agent, as a result of an emergency or other circumstances beyond his/her control, perform a tampering event with respect to a meter, without having received the prior written consent and authorization of the Commissioner of Public Works, such customer may, upon appeal to the Utility Advisory Board in accordance with the provisions of § 260-19 and within its discretion, be relieved of any or all of the charges listed in Subsection A(1) through (4) above, provided that such customer shall have notified the Department of Public Works, in writing, of the tampering event in question within three business days of the occurrence of such event.
C. 
Any provisions of this section to the contrary notwithstanding, the occurrence of a tampering event without a customer and/or his/her agent having first obtained the written consent and authorization of the Commissioner of the Department of Public Works shall be cause for discontinuance of service to the customer.
D. 
For the purposes of this section, the term "tampering event" shall mean any action which disables, disconnects, bypasses or otherwise tampers with a water meter so as to affect, in any way, the ability of such meter to accurately measure the water being supplied to a customer. Such event shall include, but shall not be limited to, any breaking or other disruption of the seal affixed to a meter pursuant to the provisions of § 260-12 of this chapter.
[Amended 3-6-2007]
All customers shall be required to have an outside reader with radio read capability for their meter. Existing City-maintained meters that were installed prior to November 1, 2004, shall be exempt from the requirement for radio read capability until such time as the radio read program is implemented. The outside reader shall be installed at a place on the premises acceptable to the City and according to the specifications available at the Department of Public Works. The customer shall be responsible for repairs or replacement of damaged outside readers and associated wiring when damage is due to abuse, neglect and/or negligence of the customer. The City shall render a bill for labor, equipment and materials for all such repairs or replacement. The outside reader and appurtenances shall be the property of the City. The customer shall be responsible for providing safe access to City personnel for reading. The customer shall remove potential hazards and nuisances such as snow, ice, vegetation and dogs from the outside reader's access. Exceptions may be granted by the Commissioner of the Department of Public Works, in which case reasonable access shall be granted to Department of Public Works personnel for the purposes of reading and maintenance. If satisfactory access is not provided the City reserves the right to produce an estimated bill.
[Amended 5-5-1998; 3-6-2007]
The Department of Public Works employees or its agents shall be allowed access to the customer's premises between the hours of 8:00 a.m. and 6:00 p.m. for examination of pipes, fixtures, connections, the quality of water used, and the manner of use. In the case of an emergency, no prior notice needs to be given, and, in the event of refusal of entry, water may be shut off with a fee assessed and application can be made to the courts for an appropriate order with all legal costs being charged to the customer.
[1]
Editor's Note: Original § 17.17, Rates, charges and fees, as amended 5-5-1998, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 260-33, Water Rate and Fee Schedule.
[Amended 5-5-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Water rates shall be established periodically by the City Council. Such water rates shall be computed based on the total amount budgeted for the Department of Public Works, Division of Water Supply Works, operations and maintenance, plus any debt service and capital outlays determined by the City Council, and projections of estimated water consumption, number of accounts, and/or other such factors. Water rates shall be recommended to the City Council by the Utility Advisory Board and/or the City Manager and shall be established to provide sufficient revenue to at least pay the expenses of operating and maintaining the water treatment works, transmission and distribution system, and appurtenant facilities.
A. 
Exemption. The City Council may authorize elderly exemptions for users qualifying for property tax exemptions in the City, but such exemptions shall not result in charges lower than those necessary to recover operation and maintenance costs. Only the portion of the water rates that recovers the debt service or capital outlays may be exempted.
B. 
Implementation of new rates. Before new rates and/or fees are effective, there shall be two readings before the City Council. In addition, a public hearing shall be held between the first and the second readings. The public hearing shall be held at least 10 calendar days before the rates are effective.
A. 
Water bills shall be rendered to all customers at least quarterly and may be rendered more frequently at the discretion of the Business Office with the approval of the City Manager.
[Amended 5-5-1998]
B. 
Water bills shall be due and payable upon presentation and shall become delinquent after 30 days after the date of issuance. Interest shall accrue on bills not paid when due at the same rate charged by the City for overdue property tax bills. Seasonal customers will not be eligible for service unless the previous year's bill has been paid in full.
C. 
Checks shall be made payable to the City of Rochester and mailed to the Tax Collector's office in City Hall. When bills are overdue, the customer will be sent a notice. Bills not paid when due become a lien on the property by New Hampshire statute.
D. 
The failure of a customer to receive water bills does not relieve the customer of the responsibility of making prompt payment.
E. 
The Department of Public Works in supplying water, doing work, or furnishing material shall deal with only the customer and the premises, and such customer shall keep the Business Office advised of the address to which bills, notices, and communications may be forwarded. Although the payment for service rate may be assumed by an agent or tenant, the customer of the premises will be held personally responsible for the same. A change in ownership will not relieve the premises from payment of back bills. In case of forfeiture, the water may be shut off and will not be turned on again until all unpaid charges have been settled in full. A water shutoff notice will be delivered to the customer prior to shutoff. (See § 260-20.)
[Amended 5-5-1998]
Users aggrieved of bills rendered under this article have the following rights of appeal:
A. 
Notification. The aggrieved user shall notify the Business Office in writing that said bill is contested before the next payment is due for water service. The notification shall explain why the bill is contested and provide the information necessary to determine the validity of the claim. The Finance Director may require the use of forms to expedite the appeals process.
B. 
Resolution. Upon receipt of a notification under Subsection A, the Finance Director shall submit the claim to the Utility Advisory Board with a recommendation on the validity of the claim. The decision of the Utility Advisory Board shall be final, except that the City Manager shall have the authority to veto or modify any action of the Utility Advisory Board. Aggrieved parties shall be allowed only one appeal per claim.
[Amended 3-5-2019]
C. 
Disposition of appeals. For appeals found to be valid, the date of the billing shall be revised to the date of the Utility Advisory Board's decision. Revised charges shall become due and payable as specified in § 260-18. For appeals not found to be valid, the date of the billing shall be as originally issued, and charges and interest shall be as computed as specified in § 260-18.
A. 
An agreement between the City Finance Director and the customer may be signed, on a form provided in the Business Office, if the customer is unable to satisfy his/her water bill in full at the due date. A water shutoff notice and agreement procedure shall be established by the Finance Director and approved by the City Manager.
[Amended 5-5-1998]
B. 
Unpaid bills of over 30 days shall constitute cause for water shutoff. If on the day of the shutoff the customer pays the outstanding water bill after City personnel arrive at the customer's service to execute the shutoff, the customer will be assessed a minimum service charge. This charge is as listed in § 260-33, Water Rate and Fee Schedule.
[Amended 5-5-1998; 3-5-2019]
Charges for labor and material, including installation costs, shall be billed upon completion of the work which the bill covers. If such bills are not paid within 30 days or a payment agreement made with the Business Office, the water will be shut off or the charges will become a lien on the property, or both. All late payments shall include interest charges. Collection procedures will be taken and any costs will be charged to the customer.
[Amended 5-5-1998; 3-5-2019]
Forty-eight hours' advance notice is normally required for turning on and shutting off water. The requested service will be provided as soon as possible thereafter. All expenses involved will be the responsibility of the customer. Overtime charges at the rate of time and 1/2 will be charged before or after duty hours, with a minimum of a three-hour charge.
[Amended 5-5-1998]
The Department of Public Works does not use its equipment to fill private swimming pools. Private companies must obtain written authority from the Department of Public Works to use water from the water system. Customers desiring an abatement of sewer charges while filling their pools must call the Business Office for instructions prior to filling the pool. There will be no abatement if the Business Office has not been contacted.
On sale or transfer of property, the customer must give notification to the Business Office of such sale or transfer in order that a final meter reading can be taken and proper charges made to the proper owner. A minimum of 24 hours' notice is required. If an apartment building, or other structure, or dwelling unit becomes a condominium, notification must be given to the Business Office in writing. The new owner shall complete a water service application and be responsible for any fees or charges from the Department of Public Works and any private plumber necessary to provide a separate service and meter.
A. 
Should any customer violate any regulations established by the Division of Water Supply Works, or fail to pay rates or other charges when due, his/her supply shall be shut off, or terminated, and it shall not be resumed until causes of complaint are removed and/or all charges paid.
[Amended 5-5-1998; 3-5-2019]
B. 
Any violation of the rules and regulations hereby established or failure on the part of any customer taking water to promptly pay any and all claims of the Department shall be considered sufficient cause for cutting off the water supply of such customer and such supply shall not be turned on again until all such cause of complaint shall have been removed, including any additional work or costs incurred for the turning on of the water.
C. 
Where two or more customers take water through one service pipe, the provision in regard to cutting off the supply shall be applicable to all such customers although one or more of them may be innocent of any cause of offense.
[Amended 5-5-1998]
The Department of Public Works reserves the right to shut off the service temporarily whenever it becomes necessary to make extensions, alterations, or repairs, or to curtail the use of water whenever conditions so require.
[Amended 5-5-1998]
A. 
The Department of Public Works will not be responsible for any damage caused by shutoffs in the mains or service pipes, because of shortage of supply, setting or removing meters, repairs, construction, or for other reasons beyond the control of the Department. Notice of shutoff will be given when practicable; however, nothing in this rule shall be construed as requiring the giving of such notice. The Department of Public Works will not be liable for any damages resulting from leakage escaping from any part of the owner's system.
B. 
All customers having direct pressure hot water tanks or appliances must place proper automatic vacuum and relief valves in the pipe system to prevent any damage to such tanks or appliances should it become necessary to shut off water on the street mains or service pipe. Service will be provided to such direct pressure installations only at the customer's risk and in no case will the Department of Public Works be liable for any damage occasioned thereby.
A. 
Function of the Board. The Utility Advisory Board shall periodically make recommendations to the City Council on the level of water rates to be established under this article, but such recommendations are not binding on the City Council. The Utility Advisory Board shall rule on appeals of user and other charges and fees and perform such other duties that may be assigned by City Council.
[Amended 5-5-1998; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Membership. The Utility Advisory Board shall consist of five members. Such members shall be nominated by the Mayor and appointed by the City Council.
C. 
Term. Members appointed on, or after, June 1, 2013, shall serve a term of three years from the date of appointment.
[Amended 6-4-2013]
D. 
Vacancies. Vacancies on the Utility Advisory Board shall be filled in the same manner that members are appointed under Subsection B. The term of a member appointed to fill a vacancy shall be equal to the remaining term of the member being replaced.
E. 
Administrative actions. The City Manager shall have the authority to veto or modify any action of the Utility Advisory Board.
A. 
Applications for the construction/extension of water mains shall be in the form of a petition addressed to the Commissioner of Public Works in compliance with the rules established by the Department of Public Works.
[Amended 5-5-1998; 5-1-2007]
B. 
The Commissioner may require that an applicant file with the Planning and Development Department such rights-of-way, releases, performance surety, or any other instruments reasonably consistent for any such construction, and the City of Rochester shall be grantee, guaranteed insured, or payee of any such instrument.
[Amended 5-1-2007]
C. 
The applicant shall pay full costs for any such construction of water main and installation and full title to the same shall, upon acceptance by the City Council, be the property of the City of Rochester. All construction of water mains shall be under the direct supervision of the Department of Public Works.
[Amended 9-14-1999; 7-10-2018]
A. 
Purpose. The purpose of this regulation is to ensure the use of water is properly regulated whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity, or failure of equipment or material. The City of Rochester may use reasonable means to protect, preserve, and maintain the public health, safety, and welfare when a water supply shortage exists.
B. 
Authority. The City of Rochester adopts these regulations under its authority to regulate public water systems under RSA 38:26. In accordance with the provisions of RSA 47:17, XV, whenever an emergency exists by reason of a shortage of water due to inadequate supply, limited treatment or distribution capacity or failure of equipment or material, the City Manager is authorized to restrict or prohibit the use of water from the City water system.
C. 
Applicability. The requirements of this section shall apply to all water users with connections receiving water from the City water system, which includes all public water systems owned and operated by the City.
D. 
Definitions. As used in this section, the following terms have the meanings indicated:
PERSON
Any individual, corporation, trust, partnership, joint-stock company, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state or any interstate body, or other entity.
WATER SUPPLY SHORTAGE
A situation when the City's water supply is in jeopardy as evidenced by a state or federal government agency declaring a drought in the area or the water system being unable to, or within 60 days of such written determination becomes unable to, supply the full commercial, domestic and residential needs of the users of the City's water system, including needs for adequate fire protection. A water supply shortage usually occurs due to drought or a major infrastructure failure.
E. 
Water emergency declaration. A water emergency declaration may be issued by the City Manager whenever a supply shortage or other water emergency occurs.
F. 
Water use restrictions. Upon declaration of a water emergency, the City Manager shall implement certain water use restrictions necessary to conserve and maintain adequate reserves of the public water supply. Provided there is a declaration as noted above, the following levels of restriction will apply immediately after the public notification period specified in Subsection H:
(1) 
If a Level 1 water use restriction is issued, then customers are encouraged to refrain from outside water use such as landscape watering and to limit the amount of water used outdoors for other purposes.
(2) 
If a Level 2 water use restriction is issued, then:
(a) 
Any outside water use by odd-numbered addresses is allowed only on odd-numbered days.
(b) 
Any outside water use by even-numbered addresses is allowed only on even-numbered days.
(c) 
Any outside water use shall not occur between the hours of 8:00 a.m. and 5:00 p.m.
(3) 
If a Level 3 water use restriction is issued, then:
(a) 
No outside water use for lawn watering or irrigation. This applies to automatic sprinklers, automatic irrigation systems, and any unattended lawn watering.
(b) 
Filling of any swimming pools greater than 100 gallons' capacity is prohibited.
(c) 
Washing of vehicles, including automobiles, trailers, trucks, etc., by hose is prohibited.
(d) 
Any outside water use shall not occur between the hours of 8:00 a.m. and 5:00 p.m.
(4) 
If a Level 4 water use restriction is issued, then all outside water use is prohibited.
G. 
Exemptions to water use restrictions.
(1) 
Hand irrigation of crops used for food by residents at a residential property, provided a competent person is present using watering equipment with an automatic shut-off device, shall not be restricted.
(2) 
Water to sustain animal life shall not be restricted.
(3) 
Despite the authority granted by Subsection B of this regulation, orders imposing water use restrictions shall not apply to uses that obtain water from sources other than the City water system, unless it can be clearly demonstrated that the use of such water directly affects the City water system.
(4) 
The City Council may issue temporary water use restriction exemption permits for identified properties and locations that have made recent landscaping investments. The exemption period for limited irrigation for new seed, sod, or plugs is up to 45 days from the date of installation, and will be permitted between the hours of 5:00 p.m. and 8:00 a.m. Property owners must demonstrate that area soils have been appropriately prepared and use efficient irrigation best management practices. A watering exemption permit only pertains to newly seeded lawns and will not be issued for over seeding. This exemption does not apply during a Level 4 water use restriction.
H. 
Public notification. Upon declaration of a water emergency by the City Manager, the City shall issue a written emergency notice declaring the emergency and setting forth with particularity a water use restriction that regulates the use of water from the City's water system. The notification, as issued, shall be reissued whenever there are modifications to the water use level restrictions.
(1) 
Publication and/or posting of notice. The written emergency notice shall be published in a newspaper of general circulation in the City of Rochester within 72 hours after the issuance of such notice. In addition, the written emergency notice shall be posted in five prominent places within the City.
(2) 
Immediate threat to public health or safety. Whenever a sudden or unexpected event reduces the availability of water or water pressure as to create an immediate threat to public health or safety, the emergency notice may be issued by any reasonable means, including electronic means.
I. 
Termination notice of a water emergency. Upon a determination by the City that the water emergency no longer exists, the City Manager may terminate the water use restrictions. Public notification of such termination shall be given in accordance with Subsection H(1).
J. 
Appeals of water emergency declaration. Any person aggrieved by a water emergency declaration by the City Manager shall have the right to present the matter to the next regular or special meeting of the City Council or any emergency session of the Council called to discuss the water emergency. The City Council may exempt such aggrieved person, in whole or in part, from the compliance with such water use restrictions upon a showing that compliance with such water use restrictions creates an immediate threat to such person's, or such person's immediate household's, health or safety. A ruling by a majority vote of the City Council with regard to such appeal shall be final and binding. Until and unless the action of the City Manager is modified or revoked by action of the City Council, all water usage shall be bound by the terms of the water use declaration issued by the City Manager.
K. 
Penalties. Any person who, in any manner, directly or indirectly, violates or permits others under his/her custody or control to violate any terms of a duly issued water use restriction shall be guilty of a violation. Each separate day of water use in violation of such emergency notice shall constitute a separate offense and each separate prohibited water use in excess of one on the same day shall constitute a separate offense. In addition to the foregoing penalties, the City of Rochester is authorized to discontinue the furnishing of water where orders and restrictions have been violated on multiple accounts. Such discontinuance shall be made pursuant to RSA 38:31 and may be continued so long as there is evidence that the violations continue. Penalties are determined by each water level restriction as follows:
(1) 
Level 1 water restriction. There are no penalties as this is voluntary.
(2) 
Level 2 and 3 water restrictions.
(a) 
First violation will be issued a warning.
(b) 
Second violation shall be punishable by a fine of one hundred dollars ($100.).
(c) 
Third violation shall be punishable by a fine of one hundred dollars ($100.).
(d) 
Additional violations shall be punishable by a fine of five hundred dollars ($500.) to ten thousand dollars ($10,000.) and discontinuance of water service. A service reactivation fee, as defined by § 260-33B, will be charged before water service is restored.
(3) 
Level 4 water restriction. Each violation shall be punishable by a fine of five hundred dollars ($500.) to ten thousand dollars ($10,000.) and discontinuance of water service. A service reactivation fee, as defined by § 260-33B, will be charged before water service is restored.
A. 
Upon petition by citizens of the City or when deemed necessary or desirable for the protection and well-being of the City, the extension of water mains in accepted roadways may be approved by a vote of the City Council.
[Amended 5-5-1998]
B. 
Where the construction and installation of water mains is to be made in and upon existing streets and roads, and the public good requires it and/or undue hardships would result if cash payment were made, then and in such case the City of Rochester may finance the construction through the issuance of bonds or other financing method and pay the full costs. The proportionate share of each abutter along the line of construction and installation based on the actual cost of construction per running foot or other equitable distribution of cost when petition, application, or late petition is made and granted shall become a lien on such abutting property as real estate taxes until payment of said proportionate share of full costs, including financing, is made.
C. 
Payment may be as follows:
(1) 
The affected party may pay his/her proportionate share in cash for the full amount, at the time the obligation is incurred; or
(2) 
The affected party may enter into an agreement with the City of Rochester that said proportionate share of all costs may be paid in equal installments over a period of time equal to the term of the bond or a lesser period. Such agreement is to be recorded with the Strafford County Register of Deeds at the expense of the affected party. In the event property is conveyed, the new owner(s) will be responsible for all unpaid bills and liens.
A. 
Private fire services may be permitted at the discretion of the Commissioner of Public Works and Fire Chief. All applications for private fire protection services must follow the provisions of § 260-4, Application for service.
[Amended 5-5-1998]
B. 
Fees for private fire hydrants shall be as listed in § 260-33, Water Rate and Fee Schedule.
[Amended 6-26-2007; 6-10-2008; 6-16-2009; 7-5-2011; 11-20-2012; 2-4-2014; 9-15-2015]
A. 
Quarterly water rates.
[Amended 11-1-2016; 2-6-2018]
(1) 
Residential customers without exemption: five dollars and fifty-five cents ($5.55) per 100 cubic feet of water use.
(2) 
Residential customers with exemption: two dollars and forty cents ($2.40).
(3) 
Commercial and industrial customers: five dollars and fifty-five cents ($5.55).
(4) 
Unmetered residential customers:
(a) 
Per quarter per unit without exemption: one hundred forty-eight dollars and fifty-three cents ($148.53).
(b) 
Per quarter per unit with exemption: seventy-four dollars and twenty-five cents ($74.25).
(5) 
Minimum fee:
(a) 
Per quarter per unit without exemption: twenty-one dollars and nine cents ($21.09).
(b) 
Per quarter per unit with exemption: sixteen dollars and ninety-one cents ($16.91).
B. 
Fees.
(1) 
Installation: a minimum of three hundred dollars ($300.) or estimated cost of installation, in advance one hundred dollars ($100.).
(2) 
Installation and repair license: one hundred dollars ($100.) per year.
(3) 
Bad check: twenty-five dollars ($25.) plus all associated fees.
(4) 
Service reactivated following payment when shut off due to nonpayment: sixty dollars ($60.).
(5) 
Service shutoff or turn on by request: thirty dollars ($30.).
(6) 
Temporary service: see installation fees; water charges will be billed accordingly.
(7) 
Private fire protection service: see installation fees.
(8) 
Private fire hydrant service connection: one hundred fifty dollars ($150.) per hydrant per fiscal year. For purposes of this subsection, a private fire hydrant shall mean any fire hydrant located outside the public right-of-way and/or located on property other than that owned by the City of Rochester but which is connected to the public water system. Any private hydrant located behind a water meter on that property shall be exempt from this charge.
(9) 
Swimming pools: fees based on volume used times unit rate.
(10) 
Meter repair or testing: thirty dollars ($30.) per visit plus cost of transportation of meter to testing facility and cost of testing.
(11) 
Meter damage: fifty dollars ($50.).
(12) 
Backflow prevention devices: all costs associated with installation, repair, or inspection paid by owner. Inspection costs shall be not less than minimum service charge.
(13) 
Violations: all costs to correct violation paid by owner.
(14) 
Minimum service charge: thirty dollars ($30.) per visit.
(15) 
Meter tampering charge: a reconnection fee of not less than one hundred dollars ($100.) nor more than five hundred dollars ($500.).
(16) 
Minimum charge for road maintenance between December 1 and March 31: two hundred dollars ($200.).
[Adopted 4-2-2013 (Ch. 18 of the 1995 Code); amended in its entirety 12-3-2013]
A. 
New Hampshire Code of Administrative Rules Part Env-Dw 505 requires that the City of Rochester take appropriate actions to prevent the reverse flow of water previously delivered to customers or the backflow of harmful substances into the public water system. Each public water system serving 1,000 or more persons must have a written cross-connection control program ordinance.
[Amended 3-5-2019]
B. 
Cross-connections between water supplies and non-potable sources of contamination represent one of the most significant threats to health in the water supply industry. This program is designed to accomplish the following:
(1) 
To protect the City of Rochester, New Hampshire, public potable water supply from contamination by isolating, within its customers' internal distribution systems, contaminants that could backflow or backsiphon into the public water system.
(2) 
To promote the elimination or control of existing cross-connections, actual or potential, between the customer's in-plant potable and non-potable water systems by isolating those contaminants that could backflow or backsiphon into the customer's internal distribution system.
(3) 
To provide for the maintenance of a continuing program of cross-connection control that will systematically and effectively prevent the contamination of potable water systems via cross-connections.
(4) 
To supplement the regulations promulgated and revised by the New Hampshire Department of Environmental Services as listed in § 260-36 below.
As used in this article, the following terms shall have the meanings indicated:
AIR GAP (approved for both high- and low-hazard protection)
An unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle. Physically defined as a distance equal to twice the diameter of the supply side pipe but never less than one inch.
APPROVED BACKFLOW PREVENTION DEVICE
A backflow prevention device that has been:
A. 
Manufactured to allow for accurate testing and inspection so as to allow verification of performance; and
B. 
Tested and certified by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research.
APPROVED SOURCE
A source of water utilized by a public water system for distribution to the public for consumption purposes and which is approved by the New Hampshire Department of Environmental Services, Water Division, for said use following a required and/or approved treatment process.
[Amended 3-5-2019]
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.
AUXILIARY WATER SUPPLY
Any water supply on, or available to, a premises other than the City's approved public potable water supply.
[Amended 3-5-2019]
BACKFLOW
The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water supply from any source or sources other than the intended source.
BACKFLOW PREVENTER WITH INTERMEDIATE ATMOSPHERIC VENT
A device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it to the atmosphere. The check valves are force loaded to a normally closed position and the venting means is force loaded to abnormally open position.
BACKFLOW PREVENTION DEVICE
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.
BACKFLOW PREVENTION DEVICE INSPECTOR, CERTIFIED
A person who has proven his/her competency to inspect and test backflow prevention devices by the possession of a valid backflow prevention device certification issued by the New England Water Works Association or other equivalent certification approved by New Hampshire Department of Environmental Services.
BACK PRESSURE
Pressure created by mechanical means or other means causing water, liquids, or other substances to flow or move in a direction opposite of what is intended.
BACKSIPHONAGE
The flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than its intended source, that is caused by negative or reduced pressure in the potable water system.
BAROMETRIC LOOP
A section of pipe rising at least 35 feet at its topmost point above the highest fixture it supplies. It is utilized in water supply systems to protect against backsiphonage (only).
CHECK VALVE
A self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow.
CONTAINMENT PHILOSOPHY
The method and philosophy of backflow prevention which requires a backflow preventer at the service entrance which isolates the customer's facility from the public water supply.
CONTAMINANT
As defined in RSA 485:1-a, II, any physical, chemical, biological or radiological substance or matter in water.
CROSS-CONNECTION
Any actual or potential physical connection or arrangement between two otherwise separate systems, one of which contains potable water and the other of which contains water of unknown or questionable safety and/or steam, chemicals, gases, or other contaminants whereby there may be a flow of an unapproved water or other substance to a potable water system.
CUSTOMER (OWNER)
Any person who has legal title to or license to operate or habitat in a property at which a cross-connection inspection is to be made or at which a cross-connection is present.
DEPARTMENT
The City of Rochester Department of Public Works.
DEVICE UPGRADE
The replacement of an existing backflow prevention device with another appropriate device designed for a higher-hazard duty when the degree of hazard is increased.
DIVISION
Division of Water, New Hampshire Department of Environmental Services.
DOUBLE CHECK VALVE ASSEMBLY or DCA (approved for low-hazard protection only)
An assembly of two independently operating spring-loaded check valves with tightly closing shutoff valves on each side of the check valves, plus properly located test cocks for the testing of each check valve.
FIXTURE ISOLATION PHILOSOPHY
A more complex isolation approach whereby protective devices are placed at individual fixtures within a facility as well as where cross-connections exist at the last free-flowing outlet to ensure occupants of a facility are protected within.
HIGH DEGREE OF HAZARD
A condition where, if a backflow were to occur, the resulting effect on the water supply could cause injury, illness or death if consumed by humans. The foreign substance may be hazardous to humans from a chemical, biological, physical, or radiological standpoint. The effects of the contaminant may result from short- or long-term exposure.
HOSE BIBB VACUUM BREAKER
A device which is attached to a hose bibb and which acts as an atmospheric vacuum breaker.
[Amended 3-5-2019]
LOW DEGREE OF HAZARD
A condition where, if a backflow were to occur, the resulting effect on the water supply would be a change in aesthetic qualities. The foreign substance must be non-toxic and non-hazardous to humans.
PERMIT
A document issued by the Department that allows the use of a backflow preventer.
PERSON
As defined in RSA 485:I-a, XIII, any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.
POTABLE WATER
Water from a source that has been approved by the New Hampshire Department of Environmental Services.
[Amended 3-5-2019]
PREMISES
The industrial, commercial or residential facility or dwelling connected to the public water supply.
[Amended 3-5-2019]
PRESSURE VACUUM BREAKER or PVB (approved for low-hazard protection only)
A device containing one or two independently operating spring-loaded check valves and an independently operating spring-loaded air inlet valve located on the discharge side of the check or checks. The device includes tightly closing shutoff valves on each side of the check valves plus properly located test cocks for the testing of each of the check valve(s).
PUBLIC WATER SYSTEM
As defined by RSA 485:1-a, XV, a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:
A. 
Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
B. 
Obtains all of its water from, but is not owned or operated by, a public water system; and
C. 
Does not sell water to any person.
REDUCED PRESSURE ZONE PRINCIPLE BACKFLOW PREVENTION DEVICE or RPZ (approved for both high- and low-hazard protection)
An assembly consisting of two independently operating approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. These units are located between two tightly closing, resilient-seated shutoff valves as an assembly and equipped with properly located resilient-seated test cocks for the testing of the check valves and the relief valve.
RESIDENTIAL NO. 7 DUAL CHECK
An assembly of two independently operating, spring-loaded check valves without tightly closing shutoff valves and test cocks. Generally employed immediately downstream of the water meter to act as a containment device. This is a non-testable device.
SITE SURVEYS
Initial site surveys of existing commercial and industrial properties are required to determine degree of compliance with the regulations herein. Such activities shall be executed by the Department either using its own resources or contracted resources. Activities shall include on-site surveys of commercial and industrial users of the public water supply which in the judgment of the Department may present risk of cross contamination.
SUPPLIER
Any person who controls, owns, or generally manages a public water supply system.
WATER SERVICE ENTRANCE
The point in the customer's 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.
[Amended 3-5-2019]
WATER TREATMENT CHIEF OPERATOR
The Water Treatment Chief Operator of the City of Rochester, New Hampshire, Water Treatment Facility, Department of Public Works, or his/her designated representative, who is vested with the authority and responsibility for implementation of a cross-connection control program and for enforcement of the provisions of Article I of this chapter and these regulations.
WATER UTILITY
The suppliers of water.
[Amended 3-5-2019]
The authority for this article is derived from the New Hampshire Administrative Rules Part Env-Dw 505, Backflow Prevention, and the City of Rochester public water system rules and regulations, as adopted.
The Department is responsible for protecting the public potable water distribution system from contamination due to the backflow or backsiphon of contaminants through the water service connection.
A. 
The Department will determine if an approved backflow prevention device is required at the City's water service connection to any customer's premises.
B. 
The Department may, directly or through a designated representative, give notice in writing to any such customer to install an approved backflow prevention device at each water service connection to his/her premises.
C. 
The Department will issue permits for all new backflow prevention devices and amended permits for any upgrades to such devices for higher-hazard duty. No permit will be issued by the Department without an application from the owner.
D. 
Permits shall have a duration based upon degree of hazard for the protective device. High-hazard device permits shall have a duration of six months to coincide with semiannual inspection and testing requirements. Low-hazard device permits shall have a duration of 12 months to coincide with annual inspection and testing requirements. All permits shall automatically renew following certification from owner that periodic inspection and testing has been completed on schedule.
E. 
There will be no fees for permits issued.
F. 
Existing commercial and industrial properties at the time of the issuance of this article shall be the subject of site surveys conducted by the Department to determine the need for backflow prevention devices.
G. 
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 per required schedule to ensure satisfactory operation.
H. 
If the Department determines at any time that a serious threat to the public health exists, the water service will be terminated immediately.
I. 
The Department will maintain records to include all applications for backflow prevention devices, installation, inspection and testing certification forms, notices of inspection/test requirement and permits.
J. 
The Department will monitor for permit compliance. Permits shall lapse and become void if inspection and testing are not certified on schedule. A void permit shall constitute grounds for discontinuation of water.
K. 
The Department will inform the owner by letter of any failure to comply with scheduled inspection and testing and resulting permit violation. The Department will allow an additional 14 days past the original due date for completion of inspection and testing and owner certification. In the event that the owner fails to provide the certification within the additional 14 days, the Department will inform the owner, by letter, that the water service to the owner's premises will be terminated. In the event that the owner informs the Department of extenuating circumstances as to why the certification has not been made on schedule, a time extension may be granted by the Department, but in no case will exceed an additional 30 days.
L. 
All new single-family residential water services will be required to install a residential No. 7 dual check device immediately downstream of the water meter.
[Amended 3-5-2019]
M. 
Installation of a residential dual check valve results in a potential closed plumbing system within the residence. As such, provisions shall be made by the owner to provide for thermal expansion within the closed loop system, i.e., the installation of thermal expansion devices and/or pressure relief valves.
N. 
New and retrofit installations of reduced pressure zone principle devices and double check valve backflow preventer include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude 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 flushing and cleaning 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.
[Amended 3-5-2019]
A. 
The owner shall be responsible for the elimination or protection of all cross-connections on his/her premises.
B. 
The owner shall ensure the protection of the water supply within his/her premises by the installation of approved backflow prevention devices, where necessary, or by fixture isolation techniques. All testing, inspection and maintenance shall be the responsibility of the owner. Those devices internal to the facility will not be regulated by the Department.
C. 
The owner, after having been informed by letter from the Department, shall at his/her expense install, maintain, and test, or have tested, any and all backflow preventers on his/her premises.
D. 
On new commercial and industrial installations, the owner or his/her qualified agent supplying the device(s) shall propose the type of backflow preventer, if any, that will be required. The owner shall supply a complete application for the installation of a backflow prevention device and provide it to the Department for permit issuance. The Department shall approve proposed devices.
E. 
The owner shall inform the Department of any proposed or modified cross-connections and also of existing cross-connections of which the owner is aware but may not be known by the Department.
F. 
The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary for testing to take place.
G. 
The owner shall install backflow devices with the minimum requirements as provided herein in a manner approved by the Department or its designee and in accordance with approved plumbing regulations. All new devices shall be tested satisfactorily upon installation.
H. 
The owner shall install only a backflow preventer approved by the Department and the Division.
I. 
Any owner having a private well or other private water source shall not connect ("hard pipe") to the Department's system. The owner may be required to install a backflow preventer at the service entrance if a private water source is maintained, even if it is not cross-connected to the Department's system.
J. 
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.
K. 
The owner shall be responsible for the payment of all fees for device installation or replacement, annual or semiannual device inspection and testing, re-testing in the case that the device fails to operate correctly, and second reinsertions for noncompliance with Department rules and regulations.
L. 
Should a backflow prevention device be required or an upgraded device, whether determined by the Department or otherwise the owner, the owner shall be responsible for submitting an application for such device to the Department.
M. 
There will be no fee for applications submitted.
N. 
Owners shall certify the installation of new or upgraded backflow prevention devices in writing to the Department within 90 days of issuance by the Department of the permit.
O. 
Failure, refusal, or inability on the part of the owner to install the required initial or upgrade device(s) and provide certification to the Department within 90 days shall constitute grounds for discontinuing water service to the premises until such time as the required certification of compliance is received by the Department.
P. 
Owner shall be responsible for providing certification of inspection and testing to the Department within 14 days of regularly scheduled periodic inspection and testing, and retesting following initial test failure if applicable. Failure to submit the certification within 14 days shall void the permit and constitute grounds for discontinuing water service to the premises.
Q. 
The owner shall correct at his/her cost any malfunction of the backflow preventer which is revealed by periodic testing. Corrections that impact the required certification schedule above shall be communicated to the Department at the earliest possible time.
[Amended 3-5-2019]
A. 
Philosophy. The City will administer the program on the theory of containment, the approach of which utilizes a minimum of backflow devices and isolates the customer from the public water supply so that contamination of the public water system does not occur. If he/she so desires, the owner may utilize public health officials or private consultants to assist in the survey of his/her facilities and to assist in the selection of proper fixture isolation devices and the proper installation of these devices.
B. 
The owner shall allow his/her property to be inspected for possible cross-connections and shall follow the provisions of the Department's program and the Division's regulations if a cross-connection is required.
The Department recognizes the threat to the public water system arising from cross-connections. These threats are classified as follows in this section:
A. 
Low hazard. If a backflow were to occur, the resulting effect on the water supply would, at the most, be a change in its aesthetic qualities. The foreign substance(s) must be non-toxic to humans. All threats classified as "low hazard" will require, at a minimum, the installation of an approved double check valve assembly.
B. 
High hazard. If a backflow were to occur, the resulting effect on the water supply could cause illness, injury or death if consumed by humans. The foreign substances may be hazardous to humans from a physical, chemical, biological, and/or radiological standpoint. The effects of the contaminants may result from short- or long-term exposure. All threats classified as "high hazard" will require the installation of approved reduced pressure zone principle backflow prevention devices or air gaps.
[Amended 3-5-2019]
A. 
Where a single- or dual-family residential customer served by the public water supply system has or proposes to install an auxiliary water supply (i.e., well, cistern, spring, etc.), the supplier of the water shall protect the public water supply against backflow by requiring the customer to perform one of the following:
(1) 
Permanently disconnect the auxiliary water supply from any direct connection to the public water supply system. An inspection to determine compliance with this requirement shall be made by the supplier of the water, local Director of Building, Zoning, and Licensing Services, or his/her designee. The frequency of the inspections shall be at the time of the disconnection and at periodic intervals thereafter (i.e., every three to five years).
(2) 
Abandon the auxiliary water supply in a manner acceptable to the water supplier.
B. 
The Department shall not permit a cross-connection within the public water supply system unless it is considered necessary and that it cannot be eliminated.
(1) 
The customer shall install an approved reduced pressure zone (RPZ) device at the public water supply service connection.
(2) 
The customer shall provide the water supplier with backflow prevention device test results per required schedule or the customer's water service from the water provider will be shut off until the data is supplied to the water supplier.
[Amended 3-5-2019]
A. 
Cross-connection permits that are required for backflow prevention devices are obtained from the Department. A permit will be issued for each individual device. There will be no fees for initial permits and subsequent renewals. Permits shall be issued with a duration which coincides with the inspection and testing schedule of the device. High-hazard devices shall have permits with durations of six months; low-hazard devices shall have durations of 12 months. Failure of the owner to provide certification of inspections and testing on the required schedule shall void the permit and constitute grounds for discontinuation of water.
B. 
Amended permits shall be issued for any premises whereby there are any increases in degree of hazard such as to supersede the effectiveness of the present backflow preventer. Owners are responsible for submitting applications for the amended permits.
C. 
The permit shall contain the information required in New Hampshire Administrative Rules Part Env-Dw 505, Backflow Prevention.
D. 
Permits are subject to revocation for cause by the Department and become immediately revoked if the owner should so change the type of cross-connection or degree of hazard associated with the service without proper notification to the Department.
E. 
Fixture isolation devices internal to a facility will not be regulated by the Department and permits are not required.
[Amended 3-5-2019]
Any existing backflow preventer shall be allowed by the Department to continue in service if in good working order unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or result in an unreasonable risk to the public health. Permits for existing devices shall be issued with durations to coincide with the required schedule of inspection and testing. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, an existing backflow preventer must be upgraded to an approved device, or an approved device must be installed in the event that no backflow device is present.
[Amended 3-5-2019]
A. 
Installation requirements. Initial installations, replacements and upgrades shall be performed by an individual with a current backflow prevention device inspector/tester certification from the New England Water Works Association (NEWWA).
B. 
Reduced pressure zone backflow prevention devices.
(1) 
The reduced pressure zone backflow prevention device shall be installed on the owner's side of the water meter on the potable water supply line.
(2) 
For "in-plant" protection, lines for safety showers and lines for eye wash units must be taken off the upstream side of the reduced pressure zone backflow prevention device.
(3) 
The reduced pressure zone backflow prevention device shall be located so as to permit easy access and provide adequate and convenient space for maintenance, inspection, and testing. The device must be protected from freezing, flooding, and mechanical damage.
(4) 
The reduced pressure zone backflow prevention device and shutoff valves must be installed in a horizontal alignment between three and four feet from the floor to the bottom of the device and a minimum of 12 inches from any wall, unless the device is approved by the Department of Public Works or its designee for vertical installations.
(5) 
Tightly closing valves must be installed at each end of the device and must be immediately accessible unless otherwise approved by the Department of Public Works or its designee.
(6) 
A drain is to be provided for a relief valve port. There must be an approved air gap separation between the port and the drain line. To be approved, the air gap must be at least twice the internal diameter of the discharge line, or two inches minimum.
(7) 
Backflow prevention devices are not allowed to be installed below grade or other location that may be prone to unit inundation and/or submergence.
C. 
Double check valve assemblies.
(1) 
The double check valve assembly shall be installed on the owner's side of the water meter on the potable water supply line.
(2) 
For "in-plant" protection, lines for safety showers and lines for eye wash units must be taken off the upstream side of the double check valve assembly.
(3) 
The double check valve assembly shall be located so as to permit easy access and provide adequate and convenient space for maintenance, inspection, and testing. The device must be protected from freezing, flooding, and mechanical damage.
(4) 
The double check valve assembly and shutoff valves must be installed in a horizontal alignment and the top of the double check valve assembly must be between 30 inches and 53 inches from the floor to the bottom of the device and a minimum of 12 inches from any wall, unless the device is approved by the Department of Public Works or its designee.
(5) 
Tightly closing valves must be installed at each end of the device and be immediately accessible unless otherwise approved by the Department of Public Works or its designee.
(6) 
Double check valve assemblies must be provided with suitable connections and appurtenances for testing.
[Amended 3-5-2019]
A. 
Backflow prevention devices shall be inspected and tested at least semiannually for high-hazard applications and at least annually for low-hazard applications. All new devices in new facilities shall be tested for positive operation upon installation. Responsibility for ensuring inspections and testing and providing certification to the Department shall be the owner's. Failure to certify inspections and testing on the required schedule shall void the permit and be grounds for discontinuation of water service.
B. 
Testing and inspection of all devices, to include reduced pressure principle backflow devices, testable double check valve assemblies, and testable pressure vacuum breakers, shall be performed by an individual with a current backflow prevention device inspector/tester certification from the New England Water Works Association (NEWWA).
C. 
Any backflow preventer which fails during a periodic test shall be repaired or replaced. When repairs are necessary, upon completion of the repair, the device shall be re-tested at the owner's expense to ensure correct operation. High-hazard situations shall not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of ensuring that uninterrupted water service during testing and repair of devices is maintained and is strongly recommended when the owner desires such continuity.
D. 
Backflow devices will be tested more frequently than specified in Subsection 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. Cost of the additional testing will be borne by the owner.
E. 
Failure to test a backflow prevention device as required, or failure to repair a device when needed, shall result in immediate termination of the water service.[1]
[1]
Editor's Note: Original § 18.16, Records, and § 18.17, Reports, which immediately followed this section, were repealed 3-5-2019.
A. 
If a provision of this article is found to be in conflict with any provision of a zoning, building, safety or health or other ordinance or code of the City of Rochester, or the State of New Hampshire, or the federal government, existing on or subsequent to the effective date of this article, that provision which in the judgment of the City of Rochester establishes the higher standard of safety and protection shall prevail.
B. 
The invalidity of any section, clause, sentence, or provision of this article shall not affect the validity of any other part of this article that can be given effect without such invalid part or parts.
The provisions of this article with respect to the meaning of technical terms and phrases, the classification of different plumbing devices, the regulations with respect to installing, inspecting, or testing backflow prevention equipment, and other technical matters shall be interpreted and administered by the Department acting in and for the City of Rochester, New Hampshire.
Any party aggrieved by any decision, regulation or provision under this article, as amended, from time to time, shall have the right to appeal said decision to the Department which shall issue a decision within 30 calendar days of the appeal. If said appeal is denied by the Department, then the aggrieved party shall have the right to appeal to the Utility Advisory Board and then to the City Manager.
The City reserves the right to adopt, from time to time, additional rules and regulations as it shall deem necessary and proper relating to control and management of cross-connections, which additional rules and regulations, to the extent appropriate, shall be a part of these regulations. Future changes to this article will be submitted to New Hampshire Department of Environmental Services for approval prior to City adoption.
This article shall be in full force and effect immediately following its passage, as provided by law. The adoption of this article specifically repeals any previously adopted cross-connection ordinance or rules of the City of Rochester, New Hampshire, with regard to cross-connections between water supplies of potable and non-potable systems and/or sources.