The Common Council hereby finds and declares,
as a matter of legislative determination, that substantial volumes
of water used to operate water-cooled refrigeration equipment, at
times of peak demand, place an undue strain upon the City's system
of water supply; and that the uncontrolled, unregulated use of water
as a coolant in commercial refrigeration systems is a waste of a natural
resource; and that, in the best interest of the public, it is expedient
to regulate the use of water for such purposes and to require the
conservation of water and the elimination of unnecessary waste.
Unless otherwise expressly stated, whenever
used in this article, the following words shall have the meanings
given to them by this section:
The owner or lessee of the equipment, who is primarily responsible
for its operation.
The cooling or dehumidification, or both, by equipment connected
to the water system, of space to temperatures which are less than
sixty degrees Fahrenheit (60º F.), including but not limited
to the preservation of food products, process work and maintenance
of storage temperatures.
The period May 1 to October 31 in each year, during which
it is mandatory that a water-conserving device be used.
The nameplate rating of the prime mover.
The total number of horsepower available for use on one (1)
refrigeration system.
All refrigeration units, or combinations thereof, installed
under one (1) ownership or tenancy, the water for which passes through
a common meter, whether or not the units are owned by the property
owner, the tenant or a combination of both.
A cooling tower, spray pond, evaporative condenser or other
equipment by which water is cooled and recirculated, thereby limiting
the use of water from the mains to that amount lost through evaporation.
A regulating valve or similar device, the purpose of which
is to limit the maximum flow of water to a predetermined rate.
It shall be unlawful for any person or corporation
to install, or to operate, commercial refrigeration equipment, using
water from the City mains, without first conforming to the following
regulations:
A.
All customers who desire to install commercial refrigeration
after the effective date of this article are required to obtain approval
of their equipment and a permit therefor in advance from the Department
of Water and Water Supply and are required to give notice of completion
of the installation. Application for such a permit shall not relieve
the customer from his obligation to obtain a building permit from
the Department of Buildings for structural alterations or additions.
Failure to apply for a permit and give notice of completion shall
be considered a violation of this article.
B.
Persons who apply for a refrigeration permit shall
specify the name and address of the applicant; the location of the
premises where the equipment is to be installed; normal use or business
conducted at these premises; and the make and horsepower rating of
the equipment, together with such additional information as may be
required by the Commissioner of Water and Water Supply.
C.
The use of water as a refrigerant, the so-called "direct
watercooling," is prohibited, in any and all refrigeration devices.
D.
All compressor-type or refrigeration units having
rated capacities of ten (10) horsepower or less may be equipped with
water-cooled condensers, using water from the City mains, provided
that not more than one (1) unit of such capacity, or a group of units
of such total capacity, connected either singly, in series, or in
parallel, may be used on one (1) refrigeration system.
E.
All refrigeration units of over ten (10) horsepower
rated capacity, or a group of units in one (1) system totaling over
ten (10) horsepower capacity, must be operated in conjunction with
water-conserving devices during the specified conservation period,
so that water from the City mains shall be used only for makeup and
flushing purposes during that period.
F.
All refrigeration units, other than compressor types,
using water from City mains, operated for refrigeration purposes,
shall be subject to the same regulations as the compressor type.
G.
Water-conserving devices shall be properly designed
so that their operation in conjunction with all equipment connected
thereto shall not use water in excess of the limits herein specified.
Water from mains shall be used for makeup purposes only, except for
seasonal cleaning and flushing. Makeup water connections to a water-conserving
device must be constructed so that there is a physical break between
the City water main and the device, in order that it will be impossible
for water to siphon back in case of low pressure in the City system.
The water level control of the tank or reservoir shall be adjusted
to eliminate waste of water through the overflow.
H.
Any system consisting of a unit of ten (10) horsepower
capacity or less, or a group of units in one (1) system totaling ten
(10) horsepower capacity or less, is prohibited from using water from
the mains in excess of one and five-tenths (1.5) gallons per minute,
per horsepower. Each unit having a capacity of ten (10) horsepower
or less, unless connected to an approved water-conserving device,
shall be equipped with an approved water-regulating device, so adjusted
as to limit the use of water, under maximum summer conditions, to
not more than one and five-tenths (1.5) gallons per minute, per horsepower.
I.
Any system consisting of a unit of over ten (10) horsepower
rated capacity or a group of units totaling over ten (10) horsepower
rated capacity is prohibited from using water from the City mains
in excess of two-tenths (0.2) gallons per minute, per horsepower,
during the conservation period. At all other periods of operation,
such equipment is prohibited from using water from the mains in excess
of one and five-tenths (1.5) gallons per minute, per horsepower.
J.
All installations of ten (10) horsepower and less,
except when connected to a water-conserving device, shall be assessed
an annual demand charge of ten dollars ($10.) for each rated horsepower,
in addition to regular water charges. Each unit of any size connected
to a water-conserving device or units connected to a water-conserving
system shall be assessed an annual demand charge of two dollars ($2.)
for each rated horsepower, in addition to regular water charges. Any
unit or group of units which is connected to a water-conserving device
or water-conserving system for a portion of the year shall be assessed
at the rate of two dollars ($2.) per year per horsepower for that
portion of the year that it is connected to such device, in addition
to regular water charges. Any unit or a group of units that is not
connected to a water-conserving device or water-conserving system
for a portion of the year shall be assessed at the rate of ten dollars
($10.) per year per horsepower for that portion of the year that it
is not connected to such device, in addition to regular water charges.
Demand charges shall begin January 1, 1959.
K.
Demand charges are payable to the Department of Water
and Water Supply and bills shall be rendered September 1, each year.
Demand charges, being in lieu of increased rates, shall be allowed
the same reduction for prompt payment and shall bear the same penalties
for delinquent payment as do charges for excess water, which become
due and payable at the same time.
L.
No installation of a unit or system, which is contrary
to the provisions of this article, may be commenced later than July
1, 1958, or completed later than July 15, 1958.
M.
All units or systems existing prior to the effective
date of this article and contrary thereto must be converted, adjusted
or modified as follows:
N.
The Commissioner of Water and Water Supply and persons
employed by him shall, at all reasonable hours, have free access to
premises supplied with water for commercial refrigeration purposes
to examine the equipment and to ascertain if there is more water being
used than allowed by this article.
Whenever the Commissioner of Water and Water
Supply or the Commissioner of Buildings shall reject or refuse to
approve any application, plan or specifications for or the mode of
construction proposed to be used for the installation of commercial
refrigeration equipment, or when it is claimed that the true meaning
or intent of this article has been misconstrued or improperly interpreted,
or when it is claimed that the provisions of this article do not apply,
any person or corporation aggrieved has a right to a hearing before
the Board of Building and Zoning Appeals. No public advertising shall
be required as a condition precedent to such hearing. The decision
of the Board of Building and Zoning Appeals shall be final.
Any person or corporation violating this article
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be liable to a fine not to exceed fifty dollars ($50.) per day, for
each day of violation. The Commissioner of Water and Water Supply
shall have the authority to discontinue the supply of water wherever
repeated or continuous violations occur. After notice of completion
of the job is given to the City, the contractor or installer shall
be released from any implied responsibility for the operation of the
unit or system.
Nothing in this article shall be construed to
include any type of refrigeration which does not use water from the
City mains.
