Chapter 13.02
WATER SERVICE – RULES AND REGULATIONS1

Sections:

13.02.010    Definitions.

13.02.020    Exercise of police power.

13.02.030    Water service applications – Generally.

13.02.040    Water service application – Form.

13.02.050    Installation after payment of fees and application filing.

13.02.060    New and re-installed service regulations.

13.02.070    Meters – Required.

13.02.080    Meters – Installation.

13.02.090    Meters – Specifications.

13.02.100    Meters – Right of access.

13.02.110    Meters – Installation required before service provided.

13.02.120    Meters – Inspection.

13.02.130    Right of entry to read meters.

13.02.160    Wasting water unlawful – Inspections – Notification of defective equipment.

13.02.170    Pipe installation – Owner’s responsibility.

13.02.180    Water pipe maintenance.

13.02.190    Water main condemnation – Notice.

13.02.195    Repealed.

13.02.200    Public establishments required to be connected.

13.02.210    Restrictions in time of water shortage.

13.02.220    Turning on water after it is shut off.

13.02.230    Rates and charges.

13.02.240    Adjustment of excessive bills caused by defective equipment.

13.02.250    Supplying water to additional families – Restricted.

13.02.260    Littering or swimming in reservoir prohibited.

13.02.270    Interfering with water system.

13.02.280    Interfering with water department property.

13.02.290    Permission required to connect with city mains.

13.02.300    Cross-connections prohibited.

13.02.310    Extensions and additions – Standards.

13.02.320    Extensions and additions – Cost payment.

13.02.330    Extensions and additions – Contract with property owner.

13.02.340    Fire damage – City not liable.

13.02.350    Damage from broken pipes – City not liable.

13.02.360    Water shutoff without notice for repairs.

13.02.370    Violation – Penalty.

13.02.010 Definitions.

The following words used in this chapter shall have the following meaning except when a different meaning is clearly intended:

A. “Building and/or residence” means any structure which is designed for human occupancy and has one or more sinks and/or showers, and/or bathing facilities, and/or laundry facilities, and/or toilets, or which receives water from the city.

B. “City” means the city of Gig Harbor, Washington.

C. “Clerk” means the city clerk-treasurer of the city of Gig Harbor.

D. “Connection charges” means the charges imposed by the city for connecting any water service line to a public water main of the city.

E. “Council” means the duly elected city council of the city.

F. “Hookup charge” means a charge established by ordinance to offset the cost of constructing or paying for already constructed additional storage as the need arises to keep up with the needs of new connections.

G. “Multiple residence building” means a dwelling containing more than one family and having a kitchen and a bath for each family.

H. “Public water main of the city” means any portion of the water mains or lines owned or operated by the city.

I. “Shall” is mandatory. “May” is permissive.

J. “Superintendent” means the water superintendent appointed by the mayor to perform the tasks listed in this chapter.

K. “Water connection permit” means the permit issued by the city to allow the connection of a water service line to a public water main.

L. “Water service” means the furnishing of water through the public water mains to customers connected with water service lines.

M. “Water service lines” are lines connected to the public water mains through a water meter serving water to property. Such water service lines from the meter to the property, building or structure being served shall not be the property of the city.

N. “Water service rates” means the monthly charges imposed by the city for the use or consumption of water from the municipal water utility of the city. (Ord. 369 § 1, 1981).

13.02.020 Exercise of police power.

This chapter is declared to be an exercise of the police power of the state and the city to promote the public health, safety, and welfare of the residents and property owners of the city and to protect the water system of the city, and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 369 § 2, 1981).

13.02.030 Water service applications – Generally.

A. Application Required. Any person owning property located within the city limits desiring to have such premises connected with the water supply of the city shall make application at the office of the city clerk on the printed forms furnished for that purpose. Every such application shall be made by the owner of the property to be furnished water service or by his/her authorized agent.

B. Conditions of Water Service. The applicant must state fully the purposes for which the water is required. The applicant must agree to conform to the regulations and rules concerning the use of water as they may be established from time to time and further agree that the city shall have the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates and charges, or for any other reason, and that the city shall not be responsible for any damage caused by the breaking, bursting or collapsing of any boiler, pipes or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water.

C. Director To Issue Water Availability Certificate. The city director of operations shall determine whether or not the city has adequate water before issuing a water availability certificate to the applicant by requiring compliance with the city’s concurrency regulations. If a property owner has made application for a CRC (certificate of reserved capacity) under the concurrency management code (Chapter 19.10 GHMC), and a CRC issues, the property owner must immediately make application for water service as required herein, but the director of operations’ issuance of a CRC shall serve the same purpose as a water availability certificate, as long as a hook-up is requested and all fees are paid prior to expiration. Water availability certificates shall expire within three years of issuance. (Ord. 907 § 2, 2002; Ord. 854 § 1, 2000; Ord. 369 § 3, 1981).

13.02.040 Water service application – Form.

Application for the use of water shall be substantially in the following form:

CITY OF GIG HARBOR

WATER SERVICE APPLICATION

Date: ____________

Application is hereby made by the undersigned property owner for water service in the following amount: ________________ at the following location: ______________ _______________________, Gig Harbor, Washington, for the following purposes: ____________________________________, for which I agree to pay in advance the following estimated charges, the exact charges shall be paid as established by City Resolution, and will be determined at the time a water availability certificate issues and be payable immediately upon completion of the installation:

Engineering Fees:     

Water Main Extension:     

Fire Hydrant Installation:     

Street Repair:     

Tap-In Charges:     

Water Service Connection Charge:     

(Metering Charges):     

TOTAL:    $

I further agree that all rates and charges for water service to the above property shall be paid in accordance with the now-existing ordinances and regulations of the City, or any ordinances and regulations passed hereafter.

I understand that the City will use all reasonable effort to maintain uninterrupted service, but reserves the right to shut off the water at any time without notice for repairs, expansions, nonpayment of rates or any other reason and assumes no liability for any damage as a result of interruption of service from any cause whatsoever.

I understand that if the City issues a water availability certificate to me, such certificate shall be subject to all ordinances and regulations of the city, as they now exist or may hereafter be amended, and that such certificate expires within three (3) years from the date of issuance, if I do not pay the required fees and request an actual hook-up or connection to the below-identified individual parcel of property within this time period, a water availability certificate may be revoked.

(Ord. 907 § 3, 2002; Ord. 854 § 2, 2000; Ord. 369 § 4, 1981).

13.02.050 Installation after payment of fees and application filing.

After the applicant has paid the proper fees and a deposit to cover all estimated hookup charges, and having filled out and filed the water service application, the superintendent shall cause the proper taps, valves and meters to be installed to bring the water service to that person’s property at such location as the applicant shall designate, subject to GHMC 13.02.060. (Ord. 369 § 4, 1981).

13.02.060 New and re-installed service regulations.

All new water service connections and all water service connections and all water service which is re-installed or reconnected after disconnection shall be subject to the requirements:

A. Tap Size Determination. The superintendent may determine the size of tap to be inserted into any water main and the size of service pipe under any application or permit, provided that no service shall be less than three-quarters inch in diameter.

B. 1. Pipe Installation. When a permit has been obtained for the installation of water, the superintendent, if there is a city water main abutting the property, shall cause to be installed a service pipe from the main to the property line, including a stopcock, meter and meter box, which connections thereafter shall be maintained by and kept within the exclusive control of the city.

2. The council may, at its discretion, order the extension or renewal of mains by the use of local improvement districts or utility local improvement districts as provided by law, and the water department may pay the same, whatever part is deemed equitable, as determined by the council. (Ord. 369 § 5, 1981).

13.02.070 Meters – Required.

At the time each premises is connected to the water system of the city, or, if already connected, within two months of the effective date of the ordinance codified in this chapter, there shall be installed by the city a meter or meters of the type approved and supplied by the superintendent at the point or points of intake of the water supply for that premises approved by the superintendent. (Ord. 369 § 6, 1981).

13.02.080 Meters – Installation.

The installation of the meter shall be done under the supervision of the superintendent or his representative at a location approved by him. (Ord. 369 § 6, 1981).

13.02.090 Meters – Specifications.

Meters required to be installed shall be of a uniform type and shall be acquired by the city from the suppliers thereof. Such meters shall be installed by the city, and the ownership of such meters shall remain in the city. The city will perform the ordinary and usual maintenance on such meters and may replace them from time to time. The property owner shall be responsible for the replacement or repair cost of the meter in the event it is destroyed or damaged beyond normal wear and tear by any cause other than the fault of the city. The city shall bill the cost of any such repair or replacement to the property owner and, if it is not paid, the unpaid charge or cost shall be certified and filed as a lien in the manner provided by law or otherwise collected as other water charges in the manner provided by law and ordinance. (Ord. 369 § 6, 1981).

13.02.100 Meters – Right of access.

The superintendent or his representative shall have access at all reasonable hours to the meters so installed for the purpose of inspecting, maintaining, repairing, replacing and reading them. (Ord. 369 § 6, 1981).

13.02.110 Meters – Installation required before service provided.

No building or structure shall be furnished water service after June 19, 1974, unless each such building or structure has a meter installed pursuant to this chapter. (Ord. 369 § 6, 1981).

13.02.120 Meters – Inspection.

When any consumer whose water service is metered makes a complaint that the bill for any past time has been excessive, the water department will, upon request, have such meter re-read and the service inspected for leaks. (Ord. 369 § 9, 1981).

13.02.130 Right of entry to read meters.

Officers and employees of the city water department shall be entitled at proper hours of the day to enter upon property to which water is supplied under this chapter, and it is unlawful for any owner or any occupant of the premises supplied with city water to fail, neglect or refuse to give free access to such premises for such purpose. (Ord. 369 § 10(a), 1981).

13.02.160 Wasting water unlawful – Inspections – Notification of defective equipment.

It is unlawful for any person to waste water by knowingly or wilfully neglecting to repair any breaks, leakage, or other defective equipment or by failure to shut off any tap thereby wasting water on premises within their control. Persons so notified of defective equipment by a representative of the city shall repair same within 24 hours. Failure to do so shall be a violation of this chapter. The city shall have the authority to terminate that person’s water service immediately until the leakage or wastage is corrected. At reasonable times of the day, the city shall have the right for its authorized representative to enter the premises for the purpose of ascertaining whether or not water is being wasted excessively. Failure to grant permission to enter for this determination shall subject that person to have water service suspended. (Ord. 369 § 10(d), 1981).

13.02.170 Pipe installation – Owner’s responsibility.

The property owners shall at their own expense install all pipes and connections from the stopcock and/or meter placed by the water department to serve their respective premises. All such pipes must be provided with stop and waste cocks protected from frost and accessible to the customer so that such pipes may be drained to prevent damage by freezing and so the water may be shut off for repairs to service pipes. A charge of $3.00 shall be made where it becomes necessary for any employee of the water department to shut off or turn on water for repair of broken pipes or for installing stop and waste cocks. (Ord. 369 § 10(e), 1981).

13.02.180 Water pipe maintenance.

The water department shall maintain all water pipes upon city-owned property up to and including the water meter; provided, that the city shall not be required to renew or replace water mains placed outside the corporate limits of the city. No mains in existence at the time of the annexation of an area to the city shall be renewed or replaced by the city without a resolution of the council to do so. Water mains outside the city or in existence at the time of annexation may be maintained by the water department until such time as the city shall condemn the same. (Ord. 369 § 10(f), 1981).

13.02.190 Water main condemnation – Notice.

In the event a water main is condemned, notice shall be sent to the customers on such main that the main is condemned, and service to those customers will be terminated unless the property owners furnished water through such main replace it with a main meeting specifications of the city within 90 days of such notice, unless an earlier termination is required by the condition of the main. If the superintendent determines that the property should be served from an alternate city water main, the property owner shall be fully responsible for making that extension according to city specifications. (Ord. 369 § 10(f), 1981).

13.02.195 Private fire protection service.

Repealed by Ord. 899. (Ord. 583 § 2, 1990).

13.02.200 Public establishments required to be connected.

To safeguard the health of the inhabitants of the city, all premises in which there is conducted a restaurant, tavern, hotel, motel, auto court, or cabins, roominghouse, apartment house, store or other types of establishment catering to the public shall be connected with the water system of the city. (Ord. 369 § 10(g), 1981).

13.02.210 Restrictions in time of water shortage.

The city may make regulations in time of water shortage. The city reserves the right in case of shortage of water, or for any other cause, to make any order regulating or forbidding the use of water for irrigation and sprinkling. (Ord. 369 § 10(h), 1981).

13.02.220 Turning on water after it is shut off.

It is unlawful for the owner or occupant of the premises to turn on the water, or suffer or cause it to be turned on, after it has been shut off or locked at the curbcock by the city. A charge of $25.00 shall be made to turn the water back on. (Ord. 899 § 2, 2002; amended during 9/89 supplement; Ord. 369 § 10(i), 1981).

13.02.230 Rates and charges.

The rates for water service charges, hookup charges, meter and new installation shall be designated by separate ordinances to be enacted by the council specifically for this purpose. (Ord. 369 § 7, 1981).

13.02.240 Adjustment of excessive bills caused by defective equipment.

When excessive registration is caused by broken or leaking water service pipes within or abutting upon the premises without the knowledge of the customer, an adjustment shall be made upon written application for one two-month billing period only during the yearly period and after repairs have been made. The basis for adjustment shall be the normal consumption under similar operating conditions. (Ord. 369 § 10(j), 1981).

13.02.250 Supplying water to additional families – Restricted.

It is unlawful for any person whose premises are supplied with water to furnish water to additional families or premises unless he first makes application in writing to do so, in the same manner as an original application for the installation of water service. The approval of the council shall be mandatory before water shall be so supplied indirectly to any person or premises. (Ord. 369 § 8(a), 1981).

13.02.260 Littering or swimming in reservoir prohibited.

It is unlawful for any person to bathe in or throw any substance into any reservoir or storage area, or place any foreign substance upon any grounds belonging to, connected with or under the control of the water department of the city. (Ord. 369 § 8(b), 1981).

13.02.270 Interfering with water system.

It is unlawful for any person, firm or corporation to open, close or interfere with, or attempt to, or connect with any fire hydrant, stop valve or stopcock, belonging to the city water department unless authorized by the superintendent, but this section shall not apply to members of the county fire department while acting in such capacity. (Ord. 369 § 8(k), 1981).

13.02.280 Interfering with water department property.

It is unlawful for any person unless duly authorized by the superintendent to disturb, interfere with, or damage any water main, water pipe, machinery, tool, meter or any other appliances, buildings, improvements, flowers, vines, bushes or trees belonging to, connected with, or under the control of the water department of the city. (Ord. 369 § 8(k), 1981).

13.02.290 Permission required to connect with city mains.

No plumber or other person will be allowed to make connections with the city mains or any fixtures connected therewith without the permission of the superintendent. (Ord. 369 § 10(d), 1981).

13.02.300 Cross-connections prohibited.

Cross-connections between the water systems of the city and any other source of water supply are prohibited, and it is unlawful for any person to make such cross-connection, or permit the same to be made with any premises over which he has the control. (Ord. 369 § 10(d), 1981).

13.02.310 Extensions and additions – Standards.

Additions, betterments and extensions to the existing water system of the city shall be made in accordance with plans submitted by the city engineer and approved by the council. (Ord. 369 § 11, 1981).

13.02.320 Extensions and additions – Cost payment.

The cost of making additions, betterments and extensions to the existing water system shall be paid from such sources and by such means as the council from time to time decides, in accordance with the laws of the state and the city as the same now exist, or as may hereafter be amended. (Ord. 369 § 11(a), 1981).

13.02.330 Extensions and additions – Contract with property owner.

In the discretion of the council, a property owner who has or will install a main extension at his own expense, and who qualifies under the terms of the “Municipal Water and Sewer Facilities Act,” being Chapter 261 of the Laws of 1959 (RCW Chapter 35.91), as it may be amended, for reimbursement, may be given a contract in accordance with that chapter, but in no event shall its term of reimbursement exceed 15 years. In the event the city agrees to enter into such a contract, the person to whom such contract is granted shall pay to the city and city’s out-of-pocket legal, administrative and engineering expense incurred in framing such contract. (Ord. 369 § 11(b), 1981).

13.02.340 Fire damage – City not liable.

The city shall not be liable or responsible for any losses by fire by reason of any lack of supply of water or water pressure at the time of fire alarms or at any other time. (Ord. 369 § 12(a), 1981).

13.02.350 Damage from broken pipes – City not liable.

A. The city shall not be responsible for any damage that might be caused by freezing, leaking or broken pipes.

B. The city shall not be responsible for any damage caused by the breaking, bursting or collapsing of any boilers, pipes, fixtures, or water heating appliance caused by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off or interruption of water or pressure increase. Every person using water shall be responsible to see that the proper safety valves and/or regulators are placed on the plumbing on his or her premises in such a way as to provide protection for his or her plumbing devices and property from over or under pressure. (Ord. 369 § 12(b), 1981).

13.02.360 Water shutoff without notice for repairs.

The city reserves the right to shut off the water from the mains at any time without notice for repairs, extensions or other necessary purposes, without liability for damage, and persons having boilers, hot water heating apparatus and any appliance or thing supplied by direct pressure from the main are cautioned against danger. (Ord. 369 § 12(c), 1981).

13.02.370 Violation – Penalty.

Violation of any portion of this chapter is an infraction and subject to a penalty of $500.00 as provided in GHMC 1.16.010D and for any costs incurred by the city relative to any violation or as otherwise provided in this chapter. (Ord. 460 § 19, 1985; Ord. 369 § 13, 1981).


1

Prior legislation: Ord. 195 as amended by 333.