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Town of Westerly, RI
Washington County
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Table of Contents
Table of Contents
[Adopted 8-13-1991 by Ch. No. 983 as §§ 16-2 through 16-29 of the 1991 Code (as amended through 8-12-2003 by Ch. No. 1458)]
[Added 3-10-2008 by Ch. No. 1630]
As used herein:
UNIT
A residential or commercial space, in its entirety or portions thereof, if:
A. 
They are used separately; and/or
B. 
They are independently accessed from the outside street or other private or public right-of-way.
All water rents, including the minimum charges, shall be due and payable at the times prescribed at the office of the Department of Public Works. Bills for specific supplies and charges for putting in of service pipes shall be due before the water is turned on. In case of nonpayment of water rents for 30 days after the same are due, the Town may cause a printed demand to be mailed to the owner of the premises where the water is taken, and unless the water rates are paid within 10 days thereafter, the Town shall cut off the supply of water.
[Amended 3-10-2008 by Ch. No. 1630]
The Department of Public Works of the Town is authorized and empowered and it is made its duty to manage, oversee, run and have the care and control of the public waterworks of the Town, for the use and benefit of the Town, and for this purpose, the public waterworks and appurtenances are hereby put under its control and management. It shall be unlawful to operate any Town-owned structures, i.e., curb stops, hydrants, etc.
The Department of Finance shall collect and receive all water rates and bills receivable in favor of the works, and promptly pay the same over to the Town Treasurer. The Town Council shall make all administrative regulations concerning the rates to be charged for water and the time and place of payment.
The Department of Public Works shall keep a full and complete record of all its official proceedings on the premises, which record shall at all times be subject to the inspection and examination of the Town Council or any member thereof. It shall make an annual report to the Town at the time for the making of the other annual reports.
Application for water must be made at the Public Works Department office on the form prescribed by it, and must be signed by the owner of the premises to be supplied, or by his duly authorized agent, and must state the uses for which the service is desired. There shall be no concealment of the purposes for which water is to be used.
A. 
All fire service connections shall be paid for by the property owner. All ordinary service connections laid in the street on existing water mains shall be furnished to the curbline by the Town, providing the property owner pays the appropriate connection, impact, and entry fees to the Finance Department in advance. No new water service shall be installed where one has previously been installed to the property. If a property owner shall desire a larger service connection than the ordinary house service, such owner shall pay to the Town the difference between the cost of such ordinary service connection and the cost of the larger service connection.
[Amended 2-9-2004 by Ord. No. 1475; 3-10-2008 by Ch. No. 1630]
B. 
No physical connection between the Water Department and that of any other supply shall be permitted unless such other water supply is of a safe, sanitary quality approved by the State Department of Health in which such connection is located, or such physical connection includes two gate valves with indicator posts, two check valves of approved design, with drip cock and gauges for testing, all located in a watertight vault, readily accessible for periodic inspection, of the type approved by the American Insurance Association, and where required, a permit for continuance of same has been issued by the State Department of Health.
C. 
The Department of Public Works shall authorize water main extensions that are hydraulically feasible as determined through a hydraulic analysis that may be required through Article V, Water Supply for Fire Protection. The developer, owner, or resident requesting the water main extension shall bear all costs and expenses of such water main extension, including all design costs, construction costs, and oversight costs for extending the water main, water lateral lines, hydrants, and other fixtures. The developer, owner, or resident requesting the water main extension shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of such extension. Any extension proposal which would result in any cost to the Town shall require approval of the Town Council after public hearing.
[Added 2-9-2004 by Ord. No. 1475]
D. 
All new units added to the water system shall be subject to a separate right of entry/application unit fee, with charges identified in the current water rate schedule as adopted by the Town Council.
[Added 3-10-2008 by Ord. No. 1630]
For the protection of consumers, all work must be done by a regularly licensed plumber. The Department of Public Works reserves the right to refuse to connect with plumbing which has not been examined and approved by its authorized agent.
[Amended 3-10-2008 by Ch. No. 1630]
The property owner shall keep the fixtures and service pipes, from the curbline to the building, in good repair and fully protected from frost, and must prevent all waste of water. No person shall allow water to run continuously, either to guard against freezing or for any other purpose, except by written permission from the Director. Failure to adhere to these regulations shall result in discontinuation of water service.
No water user shall be allowed to supply water to any other person or family without a special permit in writing from the Department of Public Works, and if found doing so without such permit, the supply of water will be cut off and the amount already paid forfeited; nor shall any person take or carry away water from any standpipe, hydrant or public fountain without such special permit.
The Town shall not be liable for nor compelled to pay any damages resulting to any consumer from the acts of a public enemy or the elements, or any accident, misfortune, failure or break, or for any interruption of service for any reason.
A. 
The Town shall set and maintain one meter, of suitable size, on each service connection, which meter shall be purchased by the property owner from the Town and so set as to measure all the water passing through such service connection.
B. 
The property owner shall be responsible for all damage to the meter from frost, heat or steam, negligence on his part, or that of his agents, or the occupants of such property.
C. 
All water supplied to adjoining premises owned by the same person and used for the same business shall be charged and billed at the combined rate of all the meters, if more than one meter is used.
D. 
Meters shall be set in places approved by the Superintendent of Utilities, and all changes of location shall be made under his supervision or his agents.
[Amended 3-10-2008 by Ch. No. 1630]
E. 
All water registered by meter shall be charged for.
F. 
If a meter fails to register correctly, the consumer shall be charged at the rate of average daily consumption, as shown by the meter when in proper order.
G. 
All new units shall be separately metered, with charges billed to the property owner of record. If a special circumstance arises where a combined utility system would prohibit the use of separate meters, the Town Manager shall have the authority to waive this requirement under such terms and conditions as he shall determine to be appropriate.
[Added 3-10-2008 by Ch. No. 1630; amended 6-13-2011 by Ch. No. 1752]
H. 
All commercial/multimeter installations to the Westerly Water System shall have a manifold system approved by the Utilities Division which shall be installed at the point of entry of water service to the inside of the dwelling/unit.
[Added 3-10-2008 by Ch. No. 1630]
The Town reserves the right at any time, without notice, to shut off water in any part of its mains, for making extensions, repairs or other purposes, and all persons having boilers on their premises not supplied by tanks or cisterns, but depending upon the pressure in the pipes to keep them supplied, are cautioned against danger of collapse.
In case of commercial misrepresentation, misuse or waste of water, or violation of this article, the Director, or his agent, shall have the right to shut off the water without further notice, and withhold the supply until he shall be satisfied that there will be no further cause of complaint, and the party offending shall have paid all fines imposed, and the sum of $50 for the expense of turning on the water.
[Amended last 8-12-2003 by Ch. No. 1458]
The water rate schedule which is set from time to time is not printed herein but is on file in the Town Clerk's office.
After decreasing the water supply for the purpose of enforcing this article, the water flow shall not be normalized until the amount due, together with a service charge of $25, is paid. In case of nonpayment of water rent, the owner of the premises, whether he is the occupant or not, shall be required to pay the same, and all charges connected therewith, provided he has been duly notified.
[Added 3-22-2010 by Ch. No. 1710]
Notwithstanding any other requirement for payment contained in this article, the Town Manager is authorized to establish guidelines and approve installment payment agreements for all services, impact fees, service connections, meter installations and the like assessable against commercial establishments or multi-unit residential developments containing four units or more for payments not to exceed five years. Any failure to comply with payments in accordance with guidelines established by the Manager and the installment agreement approved by the Manager shall result in termination of water service in accordance with § 251-2.