RULES AND REGULATIONS

OF THE

CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT

WATER DEPARTMENT

Adopted May 10, 1984

Revised April 12, 1994

INDEX

PAGE

ARTICLE 1 - DEFINITIONS

1. Consumer 1

2. Main 1

3. Service 1

4. Contractor and Developers 1

ARTICLE 2 - GENERAL PROVISIONS

1. Application for Water Service-New and Renewal 1

2. Responsibility for Charges 2

3. Unusual Conditions 2

4. Water Department to have Free Access to Premises 2

5. Fires 2

6. Conditions Under Which Service is Furnished 2

7. No Liability for Interruption of Service 3

8. No Liability for Dirty Water 3

9. No Liability for Collapsed Boiler, Etc. 3

10. No Liability for Shutting Off Water Without Notice 3

12. Violation of Regulations 3

ARTICLE 3 - CHARGES

1. Date of Consumer’s Liability to Pay 4

2. Collection of Water and Service Charges 4

3. Charges for Turning On or Off Water 4

4. No Business with Delinquents 4

5. Claims for Adjustments on Bills 4

6. All Metered Water to be Paid For 4

7. When Meter is Out of Order 4

8. No Right to Furnish Water to Other Premises 5

9. Water From Non-Metered Source 5

PAGE

ARTICLE 4 - WATER METERS

1. Meter Installation 5

2. Consumer to Pay for Meter Repairs 5

3. Meter Size and Type 5

4. Water Department’s Right to Change Meters 5

5. Check Valves 6

6. Repairing Meters 6

7. Access to the Meter 6

8. Testing Meters by Request 6

9. Metering 6

ARTICLE 5 - WATER SERVICE

1. Materials and Installation 7

2. Water Waste 7

3. Right to Repair Service Pipes 7

4. Size of Service Pipe 7

5. Requests for Turning On and Shutting Off Water 7

6. Availability of Water Service 8

7. Service Pipe Trenches 8

8. Right to Restrict the Use of Water 8

9. Cross Connections 8

ARTICLE 6 - WATER MAINS AND APPURTENANCES

1. Materials and Installation 8

2. Pipe Size 8

3. Fire Hydrants Spacing 9

4. Use of Fire Hydrants 9

5. Cost of Water Mains 9

6. Need of Water Mains 9

7. Applications for Water Mains 9

RULES AND REGULATIONS

OF THE

CENTERVILLE-OSTERVILLE-MARSTONS MILLS WATER DEPARTMENT

The following Rules and Regulations are a part of the contract with every person who takes water, and governs the relations between the Water Department and its consumers, Contractors/Developers and other persons who install or tie into the Water System. These Rules and Regulations are subject to, and not to conflict with, all Massachusetts General laws and all laws and regulations of the Federal Government.

ARTICLE 1 - DEFINITIONS

1. Consumer:

The term “Consumer” shall mean the individual, firm, or corporation whose name the Water Department has on its books as the party who applied for water service, or any individual, firm, or corporation who, in fact, uses the water service of the Centerville-Osterville-Marstons Mills Water Department.

2. Main:

A “Main” is the supply pipe from which all service connections are made.

3. Service:

A “Service” pipe is the pipe running from the water main to include a curb stop and a curb box at the property line, a shutoff valve, meter and meter connection usually inside the cellar.

4. Contractor and Developers:

Contractors and Developers shall mean an individual, firm, or corporation who installs water mains, water services, and their appurtenances.

ARTICLE 2 - GENERAL PROVISIONS

1. Application for Water Service – New and Renewal:

All applications for the installation of Town Water shall be made at the Office of the Water Department by the owner of the property or by the person to be charged thereof, or by his authorized agent. All applications must contain the full information requested and must be accompanied by required fees.

2. Responsibility for Charges:

Consumers of water will be charged with and held responsible for all water passing through their service pipe until such time as they shall notify the Water Department at its office in writing that they no longer desire the use of water. In case of the sale of the property such notice shall give the name of the new owner. Water bills and all other charges for service will remain the responsibility of the present owner of record at the time payment is due. Failure to receive bills and/or transfer ownership will not constitute a reason for any adjustments.

3. Unusual Conditions:

Owners of property desiring any unusual construction, alteration, or attachments connected with the water supply must submit plans and specifications for the same to the Superintendent of the Water Department for his determination as to whether the same are permissible. The Superintendent will determine the terms, charges, and conditions under which their use will be allowed.

4. Water Department to Have Free Access to Premises:

No alterations shall be made in any of the pies or fixtures inserted by the Water Department except by its employees who shall have free access at all times to the premises supplied to ascertain the quantity or quality of water used and the manner of its use. When such access has been refused, the water will be shut off. No person shall tamper with a water meter or said person/persons shall be subject to a fine as set forth in the General Laws of the Commonwealth of Massachusetts.

5. Fires:

Whenever a fire occurs within the Fire District, it is the duty of all consumers to discontinue, as far as practical, all use of water.

6. Conditions Under Which Service is Furnished:

The Water Department does not guarantee constant pressure nor uninterrupted service. It does not assure the consumer either a full volume of water or the required pressure per square inch necessary to effectively operate any appliances and/or fixtures. The above is subject to all the variable conditions that may take place in the use of water from the Water Department mains.

7. No Liability for Interruption of Service:

No customer shall be entitled to damages, or have payment refunded, for any interruption of supply occasioned either by accident to any portion of the works, or by the stoppage or shortage of supply due to causes beyond the control of the Water Department, such as excessive drought, excessive use of and waste of water by other consumers, or by leaks or defects in the pipes or appliances owned by him or other consumers.

8. No Liability for Dirty Water:

The Water Department will not be responsible for damages caused by dirty water resulting from the opening or closing of any gate for repairs, the use of any hydrant, or the breaking of pipes.

9. No Liability for Consumer’s Pipes:

The Water Department assumes no liability for conditions which exist in consumer’s pipes and cause trouble coincident to or following the repairs of any main pipe, service pipe, meter, or any other appliance belonging to the Water Department.

10. No Liability for Collapsed Boiler, Etc.:

The Water Department reserves the right at any time, without notice, to shut off the water in the mains for the purpose of making repairs, extensions, or for other necessary purposes. Persons having boilers or other appliances on their premises, depending on the pressure in the pipes to keep them supplied with water, are hereby cautioned danger from these sources, and are required to provide, at their own expense, suitable safety appliances to protect themselves against such danger. In any event, it is expressively stipulated that the Water Department will not be liable for any damages resulting from water having been cut off, either through accident or necessity.

11. No Liability for Shutting Off Water Without Notice:

When it becomes necessary to shut off the water from any section of the District because of an accident or for the purpose of alteration or repairs, the Water Department will endeavor to give timely notice to as many of customers affected. The Water Department, as time and extent of the repairs or the accident will permit and so far as practicable, will use its best efforts to prevent inconvenience and damage arising from such cause. Inability to give such notice will not render the Water Department responsible or liable for any damages that may be incurred from the shutting off water or any coincident circumstances.

12. Violations of Regulations:

Any violation of these Rules and Regulations may result in the Superintendent ordering the shutting off of the water to the violator’s premises. When the water has been shut off for violation of the Rules and Regulation or their offense, it will not be turned on again until the Water Department is satisfied that there will not be further cause of complaint, and charges have been paid to cover the cost of shutting off and turning on the water.

ARTICLE 3 - CHARGES

1. Date of Consumer’s Liability to Pay:

A minimum charge will be assessed for water service from the date the water is turned on whether or not the water is used.

2. Collection of Water and Service Charges:

Water bills are due and payable within thirty (30) days of issue. All water bills are outstanding after a one hundred and twenty (120) day period will be subject to immediate water service termination with shut off costs assessed to the consumer. Water service bills for labor and material must be paid before the meter will be installed. All bills outstanding after a thirty (30) day period will be assessed interest at the rate of 14% annually.

3. Charges for Turning On or Off Water:

A charge will be made for turning on and shutting off water.

4. No Business with Delinquents:

No person who owes an overdue water bill shall be entitled to the further use of water at the same time or any other premises until such bills are paid for in full, together with all costs that have been assessed.

5. Claims for Adjustments on Bills:

All claims for adjustments of bills shall be made within thirty (30) days of issuance of said bill in writing to the Board of Water Commissioners.

6. All Metered Water to be Paid For:

All water passing through the meter must be paid for whether used or wasted. No adjustments will be considered for water that is wasted beyond the water meter.

7. When Meter is Out of Order:

If a meter becomes out of order or fails to register, the consumer will be charged at the average daily consumption as shown by the meter when in order, for the corresponding period of two years preceding.

8. No Right to Furnish Water to Other Premises:

A consumer of water by meter may use it for any and all purposes on his own premises, but will not be permitted to supply the premises of another person, except in special emergencies and then only with the approval of the Water Department.

9. Water from Non-Metered Source:

All water supplied by the Water Department for any purpose shall be drawn from a metered service.

ARTICLE 4 - WATER METERS

1. Meter Installation:

All meters shall be installed by an employee of the Water Department, and shall not be moved or disturbed except by same. All meters shall be sealed or pinned at the time of installation.

2. Consumer to Pay for Meter Repairs:

All repairs or damages to meters from freezing, hot water, or external causes shall be charged to the consumer. No sale or transfer of title of property within the Fire District shall preempt the Water Department in the collection of any balance due for meter repairs.

3. Meter Size and Type:

The proper size, type, and kind of water meter required for any given service shall be as approved by the Water Superintendent. All meters installed shall be approved by the Department. The Water Department shall install 5/8” water meter unless requested otherwise by the consumer.

4. Water Department’s Right to Change Meters:

If, in the opinion of the Water Superintendent, a meter does not fit the condition of the service installation, the Water Department has the right to change such meter. Such change shall be made in accordance with current regulations and paid for by the consumer.

5. Check Valves:

The Water Department shall install an approved check valve on the property side of every water meter for the safety of the water system. Such check valves shall be installed at the expense of the consumer and shall not be removed or disturbed by any person.

6. Repairing Meters:

The Water Department will have the right to remove, repair, or replace any meter at any time it sees fit. Meters shall be repaired and replaced from time to time as deemed necessary in order to keep the accuracy of all meters updated.

7. Access to the Meter:

It shall be the duty of all consumers to see that meters on service connections wherever located shall be readily accessible at all times to the Water Department. Failure to remove any obstruction which prevents access to the meter within three (3) days after being notified by the Water Department will cause the water to be shut off from the premises and it will not be turned on until all obstructions are removed, all regulations are complied with, and all expenses for shutting off and turning on the water are paid.

8. Testing Meters by Request:

The accuracy of the meter on any premises will be tested by the Water Department upon request of the owner. If, on such test the meter is found to be accurate, the meter shall be reinstalled and the consumer shall be billed the cost of the testing. If, however, the test roves that the meter is not accurate, a new meter or reconstructed meter shall be installed and an adjustment in the water bill shall take place based on the average use of the last two years of consumption.

9. Metering:

A. Residential Multi-Family Condominiums, Apartments, Trade Shops, Etc:

(1) Al residential, multi-family condominiums, apartments, trade shops, and similar units shall be metered separately. All meters shall be sized and installed in accordance with the latest AWWA standards.

B. Variance:

(1) The Board of Water Commissioners shall upon application consider a variance from the provisions of sub-section A relating to the number of meters to be installed at a new service installation.

ARTICLE 5 - WATER SERVICE

1. Materials and Installation:

All materials to be used in conjunction with any and all water services and the installation of same shall be in strict accord with the “Specifications for the Installation of Water Services” as published by the Water Department, copies of which are available in the Water Department office. All water services shall be installed by the Water Department employees or the bid Contractor. All costs of material and labor involved in the installation of a water service shall be paid for by the consumer or his authorized contractor before the meter is installed. All necessary applications, fees, and plans shall be submitted to the Department, and within ten (10) days a working drawing and an invoice will be mailed to the applicant, and upon full payment the installation will be scheduled.

2. Water Waste:

Consumers must keep their water pipes and fixtures in good repair and protect from frost at their own expense, and they will be responsible for any damage resulting from their failure to do so. They shall prevent any waste of water.

3. Right to Repair Service Pipes:

All service pipes between the street line and the water meter may be repaired or re-installed by the Water Department when deemed necessary for the protection of the supply or the giving of satisfactory water service and the cost of same charged to the consumer.

4. Size of Service Pipe:

Water pipe size shall be determined by the Water Superintendent. It is common practice of this department that all service pipe installed shall be one (1) inch pipe unless otherwise specified.

5. Requests for Turning On and Shutting Off Water:

Requests for “turning on” or “shutting off” a water service shall be made five (5) working days in advance except in the case of an emergency. A charge will be made for each such service. Water Department personnel only shall open or close curb cocks. Access to any and all water meters is necessary in order to accomplish a turn-on or turn-off. This service shall be done during normal working hours of the Water Department.

6. Availability of Water Service:

Installation of water services beyond the end of an existing water main will not be allowed. The water main must be extended including necessary hydrants and appurtenances to the furthest limit of the applicant’s property. Water mains shall be “looped” when required by the Superintendent. Availability of water service must be verified with the Water Superintendent before any work can proceed.

7. Service Pipe Trenches:

Service pipes shall not be placed within five (5) feet of other utilities or twenty (20) feet of any part of a septic system. The Water Department will not be responsible for damage to other utilities installed within five (5) feet of a water service pipe.

8. Right to Restrict the Use of Water:

The Board of Water Commissioners has the right to restrict the use of water during dry seasons or under any other emergency conditions.

9. Cross Connections:

No other source of water shall be connected to any piping supplied by the Water Department. A fine of $500.00 may be charged for any violations. Refer to the Cross Connection Ordinance as approved by the Board of Water Commissioners on August 9, 1988.

ARTICLE 6 - WATER MAINS AND APPURTENANCES

1. Materials and Installation:

All materials to be used in conjunction with any and all water mains and the installation of same shall be in strict accord with the “Specifications for Water Main Installation” as published by the Water Department, copies of which are available at the Water Department office. All water mains and appurtenances shall be installed by the Water Department employees or a Contractor who has been approved by the Water Department Superintendent.

2. Pipe Size:

All water mains shall be sized by the Water Department Superintendent in conjunction with the Master Plan of the distribution system set forth by Whitman & Howard, Inc. Minimum size water mains within the system shall be eight (8) inch. Six (6) inch pipe shall be allowed for fire service piping only.

3. Fire Hydrant Spacing:

Fire hydrants shall be spaced at a distance of 500’ in residential zoned areas and 300’ in commercial and business zones areas. All measurements shall be taken along the traveled way whether public or private. The measurement shall begin at the closest existing hydrant. An additional fire hydrant shall be placed at the dead end of all water mains.

4. Use of Fire Hydrants:

The use of all fire hydrants is restricted to members of the Fire Department of the Centerville-Osterville-Marstons Mills Fire District and to the employees of the Water Department.

5. Cost of Water Mains:

In private subdivisions, commercial or business complexes, and all other areas not serviced by Town Water, the developer shall be responsible for all costs with regard to water main installation.

In existing subdivisions, water mains shall be installed under the Betterment Sections of the Massachusetts General laws, Chapter 40, Section 42G, 42H, and 42I. All betterment projects shall be in strict accord with the “Betterment Policy” as published and adopted by the Board of Water Commissioners.

6. Need of Water Mains:

All subdivision lots shall have a water main installed to cover every foot of lot frontage on all streets if town water is to become available. Commercial, business, condominium, multi-family and the like shall be reviewed by the Water Superintendent and the Fire Chief on an individual basis, but shall still be governed by theses Rules and Regulations.

7. Applications for Water Mains:

An application for water main installation shall be completed by the developer and submitted to the Water Department for review and approval before any work can proceed. All applications must contain the full information requested.