City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
Every person who shall be supplied with water by the Department of Water and Wastewater must agree to comply and must comply with this chapter, and the same shall constitute a part of the contract existing between such person and the Department of Water and Wastewater.
A. 
Violations.
[Amended 12-27-2010 by Ord. No. 2010-23]
(1) 
Failure to comply with the terms of this chapter shall be a violation as defined by the Penal Law of the State of New York and shall be punishable by a fine not exceeding $1,000 or imprisonment not exceeding 15 days for each day of violation, or by both such fine and imprisonment, or by a penalty of not less than $350 nor more than $1,000 for each day of violation to be recovered by the City in a civil action.
(2) 
A separate offense shall be deemed committed on each day during or on which noncompliance with the terms of this chapter occurs or continues unabated after the time limit set for abatement of the violation.
(3) 
Any person issued a notice of violation pursuant to any provision of this chapter shall be subject to an administrative fee of $50, and such administrative fee shall be charged against the land upon which the notice of violation was issued as a municipal lien or such administrative fee shall be added to the tax rolls as an assessment or levied as a special tax against said property or recovered in a civil suit against the person to which the notice of violation was issued.
B. 
In case any provision of this chapter is not complied with at any premises or the owner of any premises fails to do any matter required to be done by the owner in accordance with this chapter or such owner fails to make any payments of money payable to the City or Department of Water and Wastewater under or in accordance with this chapter or any payment of water rents or rates due to the City or Department of Water and Wastewater for the supply of water, or otherwise with reference to such premises, the Department of Water and Wastewater may shut off the water supply from such premises until such provisions of this chapter are complied with, such matter is done and such payments are made, and when any water supply is so shut off, no advance payment made to the City or Department of Water and Wastewater for the supply of water at such premises or any part of such payment need be refunded by reason of such shutting off of such water supply.
C. 
Further, if any provision of this chapter is not complied with by the property owners and water is not shut off and any such work is done by the Department of Water and Wastewater on any property, to properly take care of the interest of the Department of Water and Wastewater, said Department may bill the owner of such property, and if such bills are not paid, same may become a lien on property and collection made as provided by § 95 of the Second Class Cities Law.
Employees of the Department of Water and Wastewater, upon presentation of their badge, may enter and must be permitted to enter upon any premises where City water is being supplied or upon any premises when application is made for a permit to connect plumbing with the water pipes, for the purpose of inspecting the plumbing and fixtures of the water service and all work in connection with such service.
A. 
Water shall not be allowed to run to prevent freezing in the service pipes or their attachments or for the purpose of flushing soil pipes or sewers or for any other purpose on the premises other than those paid for or indicated in the application for the same and which are allowed by this chapter. Faucets must be kept properly packed and all other fixtures in repair, so as to prevent leaks.
B. 
The Department of Water and Wastewater may shut off the supply of water from the premises for failure to comply with this section and until compliance is had herewith.
No person except an employee of the Department of Water and Wastewater shall open or close or in any way interfere with any valve or gate in any water main, conduit or street pipe.
Any person who has disturbed or displaced a valve box so that the valve stem cannot be reached by a key or who has covered a valve box or a manhole cover of a valve chamber with dirt, paving, planks or other material shall immediately replace the valve box and remove the obstruction.
A. 
Water may be shut off by the Water and Wastewater Department from any service or main for the purpose of making or constructing new work or making repairs in the water system or of enforcement of payment of moneys or charges due to the City or the Water and Wastewater Department for water supply and for other matters in accordance with this chapter. In case of making or constructing new work or in making repairs, the right is reserved to shut off the water from any consumer without notice for as long a period as may be necessary.
B. 
Except as otherwise stated in this chapter, a two-day written notice will be given to the owners of the premises, as shown by the latest assessment rolls of the City, by mail addressed to owner at such premises before the water is shut off for nonpayment or violation of rules. It is understood and agreed, however, that, the Water and Wastewater Department or the City shall not be liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatever, even in cases where no notice is given.
C. 
When the water supply has been shut off for a failure to comply with these rules and regulations, it shall not again be turned on, except by the Water and Wastewater Department, until compliance is made with these rules and regulations in the matter and payment made by the owner of the premises concerned to the City Treasurer or the Water and Wastewater Department of all expenses incurred by said Department in so shutting off such water supply. An additional charge of $200 will be made for shutting off or turning on a water service. All charges must be paid in advance.
[Amended 12-27-2010 by Ord. No. 2010-23]
D. 
Whenever the Water and Wastewater Department is required to shut down a water main in order to facilitate a new connection or for a contractor or plumber to make a repair, a charge of $750 is imposed for the shutting off and turning on of the water main. Such charge shall be paid in advance of the shutdown.
[Amended 12-27-2010 by Ord. No. 2010-23]
The Water and Wastewater Department or its employees or the City shall not be liable for any damage resulting from the sudden shutting off of the supply of water from any steam boiler or from any fixture deriving its supply from the City waterworks.
The City or the Water and Wastewater Department shall not be liable for any damage or loss of any kind, to property or persons, which may arise from or be caused by any change in or increase of water pressure from any cause whatever.
Any plumber wishing to do business in connection with the City waterworks system must file with the Director of the Department of Water and Wastewater a bond in the sum of $5,000, executed by such plumber, with one or more sureties, satisfactory to said Director of the Department of Water and Wastewater, conditioned to indemnify and save harmless the City against and from all damages and losses which may result from the work of said plumber being done carelessly or imperfectly, in such a way that injury or loss results to persons or property thereby or by reason of his failing to comply with all and singular the rules and regulations as they now are or may hereafter be prescribed by the Director of the Department of Water and Wastewater or with any ordinances of the Council in relation to making excavation in public streets or with any provision of the Charter of the City or the laws of second class cities, and if at any time the Water and Wastewater Department shall so require, said plumber shall furnish additional or other sureties to said bond or furnish a new bond. The Water and Wastewater Department may refuse to recognize or to grant permits to any plumber who shall have violated any of the provisions of these rules and regulations. No person shall be deemed a bonded plumber within the meaning of the provisions of these rules and regulations unless he is a duly registered plumber holding a certificate of competency from the Examining Board of Plumbers of the City.
Bonded plumbers will be required to have bonds renewed annually upon their expiration.
The plumber designated and employed by the owner of the premises will be considered the agent of such owner while employed in the execution of the work of introducing water into said premises and, in no case, as the agent of the Water and Wastewater Department; neither will said Water and Wastewater Department or the City be responsible for the acts of such plumber.
All work on connecting the supply pipes and fixtures shall be done only by the employees of the Water and Wastewater Department or by plumbers bonded with the Water and Wastewater Department, as provided hereinafter.
Applications for permits to connect service or supply pipes with either the City mains or curb connections must be made, in writing, at the office of the Water and Wastewater Department by the owner of the premises, or the owner's agent, on blank forms prepared for that purpose, which application shall specify the particular uses for which water is required. The owner or owner's agent must furnish the Water and Wastewater Department with the correct street or lot number as taken from deed, and the water rent in connection with such permits must be paid in advance by the building contractor or owner making application. Water supply connection to the City mains will not be made or tapped by the Water and Wastewater Department without receipt for advance payment of water rents, as shown on the application permit.
Application to the Water and Wastewater Department must be made for any additional plumbing fixtures, whether the service is metered or not, and the water rates for any additional fixture or any desired change in fixtures or use of water shall commence from the time of issuing or granting of permit and must be paid in advance by the owner or agent making application for installing such fixtures. Issuance of a permit for installation of additional plumbing fixtures will not be made without advance payment of revised fixture charges.
Application must be made for a permit, and such permit granted, for any desired change in or discontinuance of the use of any fixture on any water service before any such change or discontinuance is made. The charge for the use of water from the fixtures will continue unchanged until the plumber making such change or discontinuance has returned said permit to the office of the Water and Wastewater Department and certifies that the change or discontinuance has been made. In case of neglect of such plumber to promptly return such permit, he shall pay a fine, for the use of the City, equal to the excess of charges for supply of water over the amount that would be charged if such permit were returned in due time, for water from the fixtures from the time of issuing until the returning of the permit to the Water and Wastewater Department, and all further such permits may be refused to the owner until such fine is paid.
[Amended 12-27-2010 by Ord. No. 2010-23]
No person other than a regular employee of the Water and Wastewater Department shall be permitted to tap with any City main or distribution pipe, and any other person or persons who shall tap or make any connection with any City main or distribution pipe shall be subject to the penalty provisions of § 255-2, and the water will be shut off from such unauthorized tap or connection.
[Amended 12-27-2010 by Ord. No. 2010-23]
No tap or connection with any City main shall be made until there has been paid to the Water and Wastewater Department the sum of $200.
After receiving a permit for the opening of any water service trench which requires the insertion of a tap in the main with which to connect said service, the plumber doing the work shall notify the Water and Wastewater Department, 24 hours in advance, of his desire to have the tap inserted in the water main and shall definitely designate the name of the street and the house or lot number where the tap is to be inserted, the name of the owner or applicant and the hour when the trench will be open and ready for tapping.
A. 
All service connections to premises, including fire service, of larger size than a one-inch tap installed on street mains where approved for use, shall be not less than four inches nominal diameter, of a type, material and size made with standard or patented cut-in fittings and connections as specified and/or approved by the Department of Water and Wastewater.
[Amended 12-27-2010 by Ord. No. 2010-23]
B. 
All such services shall have an approved gate valve installed in the service line adjacent to the street main, which gate valve shall be controlled, inspected and maintained by the Department of Water and Wastewater.
C. 
A permit for a cut-in service connection to the main will be issued upon payment, in advance, of scheduled charges for the connection cut, at rates established by the Department of Water and Wastewater for cutting the street main. All materials other than the street gate box and cover shall be furnished by the owner or contractor and assembled to the main in an approved manner by a bonded plumber. The use of unapproved fittings, gate valves or improper installation at the location shall be cause for cancellation of the permit.
D. 
No estimate of the cost of installation or discontinuance of any connection, other than scheduled charges, under these rules, given by the Department of Water and Wastewater shall be binding upon the Department of Water and Wastewater or the City of Schenectady.
E. 
An annual charge, for inspection and maintenance service, of $150 shall be billed to the owner of the premises of the first days of January, April, July and October of each year for each service connection of four inches and larger, whether such service is active or discontinued, unless the gate valve on the street main is physically removed and the connection to the street main capped or sleeved by the Department of Water and Wastewater to restore the street main substantially to its original condition. Requests for discontinuance of large services shall be made in writing, and costs incurred in the removal of service will be billed to the owner upon completion of street main restoration by the Department of Water and Wastewater. Additional costs, such as defective and worn parts replacement or reconditioning of a service installation to restore the original operability of the connection between the street main and premises, exclusive of service lateral, shall be prepared and billed by the Department of Water and Wastewater to the owner of the premises, notwithstanding change of title transfer of property between the installation date and the date of such repair to the defective connection.
A. 
The service must be Type K soft copper tubing or suitable alternative material as approved by the City, connected with the tap and extending at right angles with the main to the inside of the property line of the land or building served and connected with a curb cock.
B. 
The service on new installations shall be of one-inch minimum diameter.
C. 
Said service shall have an excess of length of not less than 18 inches above the length required to connect to the tap in the main and the curb cock, so as to procure a slack, the greater part of which shall occur near the tap, which slack may be used up in case of any settling of the material used in backfilling the trench without breaking the tap or service. The joints shall be packed compression type. All workmanship connected with said service shall be approved satisfactory to the Department of Water and Wastewater.
D. 
The corporation cock, curb cock and curb box must be procured from the Department of Water and Wastewater, and water will not be turned on for service in which these fittings have been supplied from any other source.
E. 
The service from the curb cock into the premises must be Type K soft copper (ASTM STD B-88-62) or suitable alternative material as approved by the City. The above service shall be of one-inch minimum diameter on new installations.
A. 
Just inside the basement or foundation wall of the building into which the service pipe extends, a stop and waste cock shall be conveniently located and arranged so that the water may be drawn back, and all of the pipes within the building shall be emptied through such stop and waste cock. Said waste cock must be kept open at all times when the service is not in use.
B. 
All of the pipes connected to the service inside the building shall be laid with an inclination toward the point in the basement where the stop and waste cock is located and without any sags or pockets, so that the pipes may be thoroughly emptied when the waste cock is opened.
In all places where steam boilers or hot-water tanks are supplied with water from the City water mains, the owner or consumer must see that the plumber places, and it is hereby required that there be placed, a suitable safety valve or vacuum valve or other proper devices to prevent damages from collapse or explosion when the water is shut off.
In no case, except in that of mills or factories, shall permission be granted to supply two or more premises from a single tap, nor shall there be more than one service supply pipe to any premises without special permission, in writing, from the Director of the Department of Water and Wastewater.
No person shall supply water, in any manner or through any fixtures or devices whatever, to the occupants of neighboring premises of any description except by special written permit from the Department of Water and Wastewater.
Service pipes will be required to be laid so as to be no less than five feet below the surface of the earth at any point outside of the foundation wall of the building into which the service is to be introduced, and in case the final grade of the street or sidewalk has been officially determined and established, then said service pipe shall be laid at a depth of not less than five feet below said established grade at all points, so that, when the street and walk are graded, there shall be not less than a five-foot covering of earth over it at every point.
In no case shall a service pipe be permitted to be laid in the same trench with a sewer, gas, steam, electrical or other conduit.
All curb boxes shall be installed back of the property line.
The Department of Water and Wastewater may require an inspection to be made by an inspector from said Department of each service pipe and trench before any backfilling is done and may refuse to turn on water where backfilling is done before said inspection is made or where the work does not fulfill the requirements of these rules and regulations in every particular.
[Amended 12-27-2010 by Ord. No. 2010-23]
The owner of property into which water is introduced by a service pipe will be required to maintain, in perfect order, at his own cost and expense, said pipe from the corporation cock or street main to his own premises, including all fixtures therein provided for delivering or supplying water for any purpose, and the curb box must be kept in view and the top thereof even with the sidewalk or street grade at all times and in a serviceable condition. In case such service and fixtures are not kept in repair, the water may be shut off from the premises until the requirements of this section are complied with, or the Director of the Department of Water and Wastewater may arrange for the necessary repair to conform to this section and charge the cost thereof to the owner of the property at which this section is violated and collect such cost from the owner of such property and shut off the water from such property until such charges are paid.
In all premises where water from the City mains is now supplied by a system of pipes and fixtures for water service and where the service pipes and fixtures are not of the standard or pattern prescribed in the rules and regulations of the Department of Water and Wastewater or where such fixtures and devices for the prevention of damage to the service or of waste of water, as are prescribed in said rules and regulations, are lacking from said system, the owners of said premises shall, at any time when so required by order of the Department of Water and Wastewater, make such changes in and additions to said system or fixtures for said water service as shall be necessary in order to comply with such rules and regulations, and at their own cost and expense. In case of failure to comply with this section at any premises, the water may be shut off from such premises until this section is complied with.
A. 
Service pipes in buildings shall be located in the parts thereof best protected from frost. In buildings where there are no cellars, the pipes shall be carried to the center of the building or to an unexposed part, previous to being carried upward.
B. 
In all cases where the service pipe passes through areas or basements having windows, gratings or traps open to the weather, the openings shall be closely covered and the windows and doors closed to the outside air during the cold weather. In all exposed situations, the service pipes and fixtures shall be properly wrapped with felt or other nonconducting substance and surrounded by a box packed also with a nonconducting substance, if necessary, to protect said service from freezing. Said protection shall be at the expense of the owner, and in case he neglects to protect his service as aforesaid, the Department of Water and Wastewater may shut off the water. It shall be the duty of the plumber to protect from the frost, in compliance with this section, all work done by him. He will not be released from the responsibility as to this duty by having the owner of the premises or others protect such work for him.
[Amended 12-27-2010 by Ord. No. 2010-23]
A. 
When, for any reason, the use of a service is discontinued, such service shall be shut off at the corporation cock at the main by a licensed and bonded plumber, and any branch abandoned shall be capped and, in case this section has not been complied with, such service may be shut off, and any such branch capped by the Department of Water and Wastewater and all the expense connected therewith shall be borne by the owner and chargeable against the property at which such service was discontinued, regardless of whether or not such owner owned such property at the time that such service was discontinued. If the owner refuses to reimburse the Department of Water and Wastewater for services so rendered, the water may be shut off until payment is made. Any plumber violating this section shall be guilty of a misdemeanor. For service discontinued at the corporation cock, the homeowner will no longer incur water and sewer rent.
B. 
Any consumer desiring to discontinue the use of water must notify the Department of Water and Wastewater and have a licensed and bonded plumber shut the water off at the curb and submit a written certification to the Department of Water and Wastewater that the water has been shut off. No rebate will be made for any period of discontinuance of such use less than six months from the time of turning off the water by the bonded plumber. The fact that different portions of premises can be shut off inside of the same building will not entitle the owner to rebate. For service discontinued at the curb box, the homeowner continues to incur water and sewer rents.
Standpipes or pipes for the automatic suppression of fire in buildings, which fixtures are only intended for such use, may be attached to the water supply. The Director of the Department of Water and Wastewater shall approve all materials for such connection. No charge will be made for the use of water for this purpose. The entire cost and expense of installing the fire service shall be borne by the owner of the premises. Under no conditions shall connection be made with such fire-protection fixtures for the supply of water for any other purpose. Any person making such a connection or any owner using water from fire service fixtures for other than purposes intended shall be guilty of a misdemeanor. There shall be a fee of $150 for any flow test performed by the City pursuant to this section.
The owners of the premises where pipes are in service for fire protection only shall maintain such service pipes their entire length from the street main to the premises, and they shall be responsible for any damage that may be caused by a leak in such pipes or the breaking or bursting of such pipes, unless such damage has been caused through some fault of the Department of Water and Wastewater.
[1]
Editor's Note: Former § 255-36, Consumers desiring to discontinue service, was repealed 12-27-2010 by Ord. No. 2010-23. See now § 255-33B.
On streets where water mains are laid on both sides, property owners shall, upon being notified in writing by the Department of Water and Wastewater within five days, have a new service connection made to the main lying on the side of the street nearest their property and have service from the main on the opposite side of the street disconnected and the corporation cock shut off at the main. Any expense incurred in doing this work must be borne by the property owner.
A. 
Persons outside of the City limits desiring a supply of water through a private main must agree to comply and must comply with the rules and regulations of the Department of Water and Wastewater and pay such rates as are prescribed and legally adopted by the City.
B. 
The City may refuse any applications for water outside the City unless the party or parties are already in an organized water district or unless a new district is formed having officers duly appointed to properly maintain water mains, collect water rents, payable in advance each year, and pay same to the City Treasurer.
C. 
All plumbing work must be done by properly licensed and bonded plumbers.
D. 
The water rent on any new or additional fixtures installed must be paid for in advance, and the permit for the same must be filed with the Department of Water and Wastewater.
E. 
The Department of Water and Wastewater reserves the right, before any outside City connection is made, to require a written agreement. The breach of which shall permit the City to discontinue such outside service and to cancel said agreement.
A. 
Water will be furnished to builders or contractors as such for construction purposes, only upon application to the Department of Water and Wastewater for and receipt of a permit thereof in writing.
B. 
If possible, the estimated amount of the work must be given and payment for such water may be required by the Department of Water and Wastewater to be made in advance, before a permit is granted.
C. 
Where necessary to make temporary connections with fire hydrants. Standard hydrant wrenches and reducing caps supplied by the Department of Water and Wastewater must be used, for which a deposit equal to 110% of the current replacement cost of all equipment supplied must be made, which deposit will be refunded if equipment is returned in good condition.
D. 
Permits under this section shall terminate on November 1 each year and may be revoked at any time by the Director of the Department of Water and Wastewater. Any person who shall be found guilty of using water or making connections with hydrants contrary to the provisions of this section shall be guilty of a misdemeanor.
On all streets where no water mains are laid, permission may be granted by the Department of Water and Wastewater to extend a temporary line to serve such premises from a street having water, with the understanding that the Department of Water and Wastewater shall stand no expense of installing or be responsible in any way for any damage resulting from such installation. It is further agreed that, if City water mains are laid in streets having such temporary lines, the owner or owners must disconnect these lines by shutting off the corporation cock at the main and making new connections on the City main, at no expense to the Department of Water and Wastewater.
A. 
Relocation, removal or addition of fire hydrants at a previously fixed location on an installed street water main, due to changes in property status or land use, may be made by the Department of Water and Wastewater consistent with required fire use and flows in the area. Where such changes are made at property owner's or contractors' request, a minimum service charge of $200 per location shall be billed and paid in advance by the petitioner before the Department of Water and Wastewater will schedule such relocation for completion.
B. 
All street hydrants are under control of the Department of Water and Wastewater. No person shall use a wrench for opening hydrants for any purpose, except the Fire Department, street-cleaning employees of the City of Schenectady or a person holding a written permit signed by the Director of the Department of Water and Wastewater.
C. 
Charges for use.
(1) 
Contractors requiring water for large construction purposes may apply for a hydrant use permit, subject to charges for administration fee, water, connection fittings and maintenance as required for operation and service. Hydrant wrenches and fittings for connections and use shall be of a type specified or furnished with the permit, subject to a deposit charge for materials so furnished and refunded when materials are returned in good condition.
(2) 
Charges shall be as follows:
(a) 
Administrative fee: $200.
(b) 
Minimum water charge for the first 5,000 gallons used: $50.
(c) 
Refundable deposit upon return of material in good condition and payment of any water usage which exceeds 5,000 gallons: $1,000.
[Amended 12-27-2010 by Ord. No. 2010-23]
(d) 
Water usage over 5,000 gallons will be paid for at $5 per 1,000 gallons or portion thereof.
(3) 
Projects performed for the City of Schenectady on City of Schenectady property shall be exempt from any of the charges under this section.
(4) 
This shall become effective immediately.
D. 
Any person found guilty of violating any provisions of this rule or disturbing or defacing any hydrant, or any part thereof, or taking water therefrom under any circumstances whatever shall be punished as provided in § 255-2 hereof and, in addition, shall pay to the City of Schenectady a penalty equal to the amount of damage done to said hydrant or the cost of restoring the same to its proper and original condition.
Any person placing any obstructions that would prevent free access to any fire hydrant shall be liable to a fine of $10 and $5 additional for every two hours such obstruction shall remain after receiving notice thereof and, in default of payment of such fine, to imprisonment of one day for every dollar of such fine remaining unpaid.
No yard hydrant or standpipe will be allowed in any yard or lot, and any such existing hydrant must be abandoned upon notification from the Department of Water and Wastewater.
A. 
Lawn sprinkling with a hose will be allowed only from May 1 to November 1 and not to exceed four hours each day, which hours shall be designated by the Director of the Department of Water and Wastewater. The Director shall designate, from time to time, the hours for such sprinkling by a notice published twice in the official newspaper of the City.
B. 
No person will be allowed to sprinkle premises opposite or adjoining his own nor use the water from the hose attachment or through the hose for any purpose not authorized by the terms agreed upon with the Department of Water and Wastewater.
C. 
The hose used for sprinkling must have an inside diameter not exceeding 3/4 of an inch, and the nozzle shall have an orifice not exceeding 3/16 of an inch, and the use of a leaky or defective hose is prohibited.