Chapter 21.12 Water Services


21.12.010 Service to Property Adjacent to Water Main.

(Amended by Ordinance No. 182053, effective August 15, 2008.) Property within the City and adjacent to a City water main may be served subject to the provisions of this Code, and the annual water rate ordinance.
To obtain water service, the service connection must be along the frontage of the property to be served and be adjacent to a public or private street in which there is a public water main. With the exceptions noted in this section, water service shall not be provided by means of an easement. With the approval of the Chief Engineer, water service may be provided from a main within an existing easement. The service must be within the easement and must be readily accessible for maintenance and meter reading. The Chief Engineer may approve of a water service within an easement across a separate parcel of land if the parcel the applicant desires to serve has no frontage along a public right-of-way. The applicant must provide a copy of the recorded easement at the time of application for service.
If application is made for service from a water main less than 6 inches in diameter, the connection shall be deemed temporary unless such main was designated as a permanent main. In any case, such connection shall not entitle the person or premises to have said main replaced with a larger main at City expense. The application for service from a 4 inch main or smaller shall be deemed a waiver of any deficiency of supply, pressure, or any other inadequacy, whether attributable to prior or future connections or extensions. The application shall be deemed a covenant that the applicant will comply with all the provisions of this Title and the rules and regulations of the Bureau.
Property outside the City, but adjacent to a City main, may be served with the approval of the Chief Engineer and the Administrator, subject to all the provisions of this Section and Chapter 21.28 Outside City Services and Wholesale Distributors. This service shall be a special contract service and not provided by the City as a common utility service, as described in Section 21.28.010 "Individual Water Services Outside the City."


21.12.020 Size of Service Connection.

Whenever an application for water service is received, the Administrator or the Chief Engineer shall have authority to reject such application if in the judgment of the Chief Engineer, the service and meter size applied for is expected to be less than or greater than the size necessary for estimated use by the premises of the applicant. In such event, the Administrator or the Chief Engineer shall specify the appropriate size of service line and size and type of meter. The service size as determined by the Chief Engineer shall not be a warranty of sufficiency for pressure or volume of water to be afforded the premises. No service connection less than 3/4-inch in size shall be installed. The installation of any required backflow prevention assembly may cause the pressure and or volume of water to be less than the distribution system is able to supply through a specific service. It is the responsibility of the applicant to demonstrate that he or she has calculated the effect of installing required backflow prevention assemblies.


21.12.030 Application for Installation or Removal of Water Service.

(Amended by Ordinance No. 182053, effective August 15, 2008.) The property owner shall make written application for permits to connect with or disconnect premises from the City water system on forms provided by the Portland Water Bureau in which the applicant shall specify the location and the use for which the service is required, and shall agree to abide by the rules and regulations of the Bureau.
The applicant for all services 1 inch and larger shall submit the water flow requirements at the time of request. Applicants for smaller services shall provide water flow requirements when requested. The applicant for water service to commercial or industrial development shall submit a site utility plan at the time of the request that indicates the size and type of service required and the distance of the service to the nearest property line.
An application for a permit to connect premises with the City water system for service to a new building or structure shall not be accepted for filing unless a building permit has been issued for such building or structure as provided in the building regulations of the City. No permit shall be issued unless the conditions set forth in this Title relating to main extensions have been met, if applicable. Any permit issued to connect premises with the City water main shall not entitle the permittee to a connection to the main until it is laid adjacent to the premises of the owner. Acceptance of fee for the permit shall not waive any of the conditions set forth in this Title nor grant specific right of connection. Any service connection made outside the City limits must receive prior approval of the Portland City Council.


21.12.040 Cancellation of Application for Service.

An applicant may request in writing that an application for service be canceled up to the time that the service is installed. The Bureau will refund the application fee, except for any portion of the fee needed to cover Bureau costs for partial processing of the application or for actual work done on partial installation. The Bureau shall retain costs for any work already performed plus a 15 % fee for handling and overhead as a service charge. A service that has not been installed within 6 months of the date of application, at the direction of the applicant, shall be canceled and the fee less the accrued costs shall be returned to the applicant.


21.12.050 Service Branch Installation and Removal.

Service branches may be installed by the Bureau, or by a developer with the prior written approval of the Administrator or Chief Engineer, when the Administrator or Chief Engineer determines that such installation will benefit the City. See Section 21.16.160 "Service Installation Fees." If an application is not made for service within 5 years of branch installation, the Bureau may disconnect the service branch at the main. If service is requested after 5 years from date of installation, and has not previously been removed, the Water Bureau shall determine the condition of the service branch. The applicant shall pay for the cost of renewal of the service branch, if required.


21.12.060 New Service Where Change in Size or Relocation is Desired.

(Replaced by Ordinance No. 182053, effective August 15, 2008.)

 

A.   When a new smaller or larger sized service is desired at the same property and the Chief Engineer concurs that the requested size is appropriate:

 

1.   For each new larger sized service, an old service will be removed without charge.

 

2.   For a new smaller or same sized service, the charge to remove an old service is provided in the annual rate ordinance.

 

3.   Charges to remove inactivated service branches larger than ¾" are provided in the annual rate ordinance.

 

B.   Charges to install the new services are provided in the annual rate ordinance.

 

C.   If the Bureau has identified a service as being defective, a new service of the same or smaller size may be substituted at no charge to the applicant at the time the defective service is being replaced provided there is written authorization. However, if application for a larger service is received, the applicant will pay the difference between the two sizes, and credit for the System Development Charge (see Section 21.16.170 "System Development Charge") will be applied for cost of the meter for the service being removed as herein provided.

 

D.   If service is relocated or changed in size, proper backflow protection must be installed as outlined in the Code Section 21.04.030 "Backflow Assembly Installation Requirements." The cost of backflow protection shall be the responsibility of the property owner.


21.12.070 Separate Service.

(Amended by Ordinance No. 182053, effective August 15, 2008.) Unless otherwise provided in this section, a separate service shall be required to supply water to each separate parcel of land and to each house or building under separate ownership upon the same parcel. A parcel is considered separate when partitioned by a different ownership, street, or public way.
Unless otherwise provided hereunder, a separate service shall be required for each house or building even if under one ownership and on the same lot or parcel of land. A single service may be provided for multiple units under single ownership. A single service may be approved by the Chief Engineer for multiple units which are individually owned when there is a contract with the Portland Water Bureau specifying who shall be responsible for all water bills and charges. Otherwise, multiple units which are individually owned must have a separate service to each unit.
The Bureau may limit the number of houses or buildings or the area of land under one ownership to be supplied by one service connection or meter.
Two or more houses or buildings under one ownership and on the same lot or parcel of land may be supplied through a single service meter, if approved by the Administrator or Chief Engineer. If the property on which the houses or buildings are located is divided by sale, a separate water service shall be obtained for each ownership prior to the sale.
Not withstanding terms to the contrary in this section, a property owner may request, and the Chief Engineer may authorize, continuation of water service, through existing lines, to the owners of property divided by sale, if the divided parcels will continue to share use of existing water lines and mains, as they did prior to the sale and which were in compliance with the provisions of Title 21 at the time of the sale. Authorization will not be granted if there is a change in size or location of any of the existing water services.
In addition, the party requesting exemption from the standard requirement, described above, must provide the Administrator with a document that has been recorded, the purpose of which is to authorize all users of the common lines and mains to access those lines as necessary, for installation, maintenance and repair of the common system, said rights to run with the land.
The service connection to a parcel of land shall not be used to supply an adjoining parcel of a different owner, or to supply a separate parcel of the same owner for which proper application for service has not been made. When property provided with a service is subdivided, the service connection shall be considered as supplying the parcel of land which it directly enters. See Section 21.12.010 "Service to Property Adjacent to Water Main" for allowed location of water service.


21.12.080 Service to Property Partially Outside City.

Where service is requested for a property partially inside and partially outside of the City limits, service may be provided if the principal structure is on the portion of the property inside the City limits, and within the urban growth boundary of the City. Should other structures be in said portion of the property outside the City, the Bureau may provide service through separate services and meters and shall charge rates in accordance with outside City service. Such services shall be installed at the expense of the owner of the premises.


21.12.090 Permit for Temporary Service.

(Amended by Ordinance Nos. 180120 and 182053, effective August 15, 2008.) The Portland Water Bureau may issue a permit for a temporary water service to a site that has no long-term need of a permanent water service. Use of a temporary service shall not exceed one (1) year from the date of installation if it is a conventional metered service and ninety (90) days if supply is from a fire hydrant. The Portland Water Bureau may grant a one (1) year time extension, for a total maximum term of two (2) years from the date of installation of the conventional metered service for a government agency project which occurs within or adjacent to the City's right-of-way property and requires temporary irrigation service.
The permittee desiring temporary service shall make application to the Portland Water Bureau and shall declare the intended purpose of the service and shall specify the location of the service, the length of time needed, the volume of water required and the peak flow rate anticipated.
If temporary service is allowed, the Portland Water Bureau will install a service at the expense of the permittee, or allow the temporary use of a fire hydrant as a source of supply. If the Water Bureau installs a temporary service, the permittee shall utilize it as if it were a normal permanent service. If supply is from a fire hydrant, the permittee must continuously follow the established rules and regulations governing the use of a fire hydrant, as detailed in Section 21.24.020 "Fire Hydrants", as well as all city, state and federal rules, regulations, and guidelines governing the proper use and disposal of water. The permittee must meter or accurately gauge usage of water from a fire hydrant and report that usage to the Water Bureau. The permittee must not use water from another fire hydrant than specified in the permit without prior written approval of the Water Bureau. The permittee shall use water exclusively for the stated purpose of the permit and shall not allow others to utilize the permit to obtain water for any other purpose.
All temporary water services are required to have a minimum of a double check valve assembly installed for backflow protection. The backflow assembly must be installed at the service connection to the property. All costs associated with backflow prevention assemblies will be the responsibility of the owner or applicant.


21.12.100 Annual Fire Hydrant Permit.

The Water Bureau may, upon application, issue a permit for the use of fire hydrants as a source of water for commercial enterprises or governmental agencies that have continuous need of water at various locations throughout the City. Sufficient need must be shown to preclude obtaining water from a single permanent service. The permittee shall use water exclusively for the stated purpose of the permit and shall not allow others to utilize the permit to obtain water for any other purpose. Annual fire hydrant permits are renewed for the calendar year, beginning in January. The cost for an annual permit not issued in January shall be prorated. The cost for an annual permit is set in the annual water rate ordinance.

The permittee, and all employees who obtain water from fire hydrants, must continuously follow the rules and regulations governing the use of fire hydrants, as detailed in Section 21.24.020 "Fire Hydrants," as well as all city, state and federal rules, regulations, and guidelines governing the proper use and disposal of water. All water trucks used by the permittee must be inspected for proper backflow protection equipment every three (3) years by a Water Bureau Water Quality Inspector.


21.12.110 Installation of Service Pipes from the Main to the Property Line.

(Amended by Ordinance No. 176955, effective October 9, 2002.) The Water Bureau shall perform all work for installation of a water service within the existing public right-of-way or within an easement except as detailed in Section 21.12.130 "Service Maintenance Responsibility." The Chief Engineer and the Administrator may allow a developer to install all or part of a water service in a subdivision currently under construction. No work by others shall occur on a water service if the Water Bureau has accepted the main for operation and maintenance. Installation and maintenance of the water system on private property is regulated by Title 25, Plumbing Regulations, as administered by the Bureau of Development Services. Responsibilities for maintaining the water service are found in Section 21.12.130 "Service and Maintenance Responsibility."


21.12.120 Connections to the Water Service.

(Amended by Ordinance No. 182053, effective August 15, 2008.) No connections to the water service shall be made between the main and the property line if in a public street, or the easement line if in a private street or an easement, unless performed or authorized by the Chief Engineer. No hose connections for domestic use shall be allowed within the public or private street where the hose connections are accessible to the public.


21.12.130 Service and Maintenance Responsibility.

(Amended by Ordinance No. 182053, effective August 15, 2008.) This section clarifies whether it is the responsibility of the Portland Water Bureau or the property owner to maintain, repair, or replace sections of the water supply system. Responsibilities for installation are found in Section 21.12.110 "Installation of Service Pipes from the Main to the Property Line."

 

A.   For domestic and irrigation services:

 

1.   If the connection is 1 inch or smaller, the Bureau is responsible for that section that is through the meter and the angle meter coupling. The property owner is responsible for that portion downstream from the angle meter coupling.

 

2.   If the connection is larger than 1 inch, the Bureau is responsible for that section that is through the meter and the meter valve. The property owner is responsible for that portion downstream from the meter valve.

 

B.   For fire service, the Bureau is responsible for that section that is from the main through a valve between the curb and property line. The property owner is responsible for that portion downstream from the valve between the curb and property line. The property owner is responsible for the repair of any facilities within the public right-of-way that are damaged as a part of his or her maintenance or repair work.

When a service pipe at the proper grade is damaged or destroyed by contractors or others in the performance of street work or where service pipes are damaged by electrolysis, the person, contractor, or company responsible for such damage or destruction shall be billed by the Portland Water Bureau for the cost of repairing or replacing such pipes on the basis of the cost plus overhead, as provided in the finance regulations of Title 5 of the City Code.


21.12.140 Water Pressure at Service.

(Amended by Ordinance Nos. 176955 and 182053, effective August 15, 2008.) The Portland Water Bureau's goal is to provide water pressure to the property line in the range of 40 pounds per square inch (psi) to 110 psi. The State of Oregon Department of Human Services rules dictate that a water service must provide a minimum of 20 psi at the meter. Pumps, elevated reservoirs and tanks and pressure reducing valves are utilized to provide pressure in the range of 40 psi to 110 psi where possible or practical. The Bureau of Development Services, Plumbing Division, through Title 25 of the City Code, regulates pressure on private property and requires a pressure reducing device for on-site domestic water systems that receive water at greater than 80 psi.
If the pressure to the service is within the range of 20 psi to 40 psi, the water user may choose to install a booster pump system on the premises to improve the working of the private plumbing system. The property owner or ratepayer is responsible for the installation, operation and maintenance of any pressure boosting system. The addition of a booster pump will require an appropriate backflow prevention assembly be installed on the water service, on private property, and directly adjacent to the property line, as required by City Code Section 21.12.320.
The Portland Water Bureau does not guarantee that water can be provided continuously at a particular pressure or rate of flow. Varying demands on the system and the requirement to change operations affect the flow and pressure available to the service


21.12.150 Damage through Pipes and Fixtures.

(Amended by Ordinance No. 182053, effective August 15, 2008.) The Portland Water Bureau shall in no case be liable for damages caused by water running from open or faulty fixtures or pipes installed by the property owner.


21.12.160 Bureau Authority to Disconnect a Property Due to Potential Damage to Water System or To Another Property’s Facility.

(Amended by Ordinance No. 182053, effective August 15, 2008.)

 

A.   The Portland Water Bureau may disconnect a property if it determines that the operation, location or configuration of the facilities or the meter used to provide service

 

1.   poses a hazard to the City system or City employees or to the system or facilities of other properties;

 

2.   causes pressure surges; or

 

3.   creates other hazards that are detrimental to operating the City water system or the water system or facilities of another property.

 

B.   If the Bureau determines that such operations present a significant hazard, the property may be disconnected without prior notice. The Bureau will notify the property owner or ratepayer of the disconnection as soon as is reasonably possible and explain the necessity of the action taken. Before the water service is reconnected, the property owner must provide the Bureau assurance that changes have been made that will preclude a recurrence of the hazardous condition.

 

C.   Where a hazard exists, but potential damage is not judged to be imminent, the Bureau shall give the property owner prior notice of the intent to disconnect. The Bureau shall state the reason for the disconnection, and offer an opportunity to be heard on why the operation is not detrimental or hazardous.

 


21.12.170 Use of Private Water and City Water.

Owners of buildings desiring to use both the City water supply and a supply of water other than that furnished by the Bureau may obtain water service only upon the following conditions. An approved backflow prevention assembly must be installed on the service connection to the premises as outlined in the Bureau's "Backflow Assembly Installation Requirements." If water from a supply other than that provided by the Bureau is found without proper backflow protection the City water supply to the premises shall be immediately shut off with or without notice. In case of such discontinuance, service shall not be reestablished until satisfactory proof is furnished that the cross connection, or potential cross connection has been completely and permanently eliminated or that an approved backflow prevention assembly commensurate to the degree of hazard has been installed on the service connection to the premises, and the assembly has been inspected, tested, and registered with the Bureau.


21.12.180 Disconnection of Service When Charges Have Not Been Paid.

(Amended by Ordinance Nos. 179978 and 182053, effective August 15, 2008.) The Bureau may disconnect a water service at the meter when base charges are not paid. If base charges are not paid for a period of one (1) year, the Bureau will consider the service abandoned and may disconnect the service at the main. The Bureau may disconnect a leaking service at the main sooner than 1 year if payment has not been made.


21.12.190 Reactivation of Abandoned Service.

(Amended by Ordinance Nos. 179978, 180120 and 182053, effective August 15, 2008.) A property owner may apply to the Portland Water Bureau to reactivate an abandoned service where the meter has not been removed pursuant to Section 21.12.180 "Disconnection of Service When Charges Have Not Been Paid." Existing pipe and connections may be used if the Bureau determines them to be in sound condition and adequate for the intended use. The Bureau may require installation of a backflow prevention assembly on reactivated services.
The applicant shall pay for replacement of the existing piping and/or connection if the piping and/or connection is unfit for use and base charges have not been continuously paid. The applicant shall pay the full installation fee if the service is desired at a different location than existing or if they desire a service that requires a larger pipe and connection. The applicant must pay the current service activation fee to reinstall a meter on the service.


21.12.200 Leaking or Unused Services.

(Amended by Ordinance No. 182053, effective August 15, 2008.) Where there is a leak within the public right-of-way or within a Water Bureau easement between the main and the meter of a domestic service, or between the main and the valve behind the curb of a fire service, the Bureau shall make all repairs free of charge. However, if the leak is on a service for which the base charge or other charges are not being paid, the Bureau will cut out the service at the main. Where a water service pipe has been disconnected from the main, the owner of the premises previously serviced shall obtain a new permit and pay for a new service connection whenever a water service is desired. Services replaced because of leaks shall be renewed in the same size as the service removed, subject to the provisions which allow a property owner to request a change of service size (see Section 21.12.060 "New Service Where Change in Size or Relocation is Desired.") The Water Bureau may require the installation of an approved backflow prevention assembly when this new service is approved.


21.12.210 Master Metering of More Than One Water Service.

(Amended by Ordinance No. 182053, effective August 15, 2008.) Upon approval by the Chief Engineer, the Portland Water Bureau may permit the master metering of more than one water service. In such case, the owners or occupants of the premises served shall designate one of their number who shall, through written agreement with the Bureau, be responsible for the payment of all water charges and the acceptance of service of all water related notices. This person shall be liable for all water related charges until the agreement is terminated or a written agreement is established with another party. In the event payment for water charges is not made in full when due, the Bureau may terminate the service pursuant to normal procedures, in spite of the tender of partial payment by any other owner or occupant of the premises so served.


21.12.220 Fire Protection Service.

(Amended by Ordinance Nos. 180120 and 182053, effective August 15, 2008.) Water through a fire service shall be used only to extinguish a fire on the inside and the outside of the structure(s) that it serves and to test the fire system. A fire service is specifically not to be used for domestic, maintenance, or irrigation purposes.
The Portland Water Bureau shall install and maintain a meter for a fire service of less than 2 inch. A fire service 2 inch and larger that supplies only a fire system shall be equipped with a detector metering device that is part of the backflow prevention assembly. This assembly shall be installed and maintained by the property owner. In addition, the Bureau shall install and maintain a metering device on a fire service that has private on-site fire hydrants, hose systems or other appurtenances that would allow the unauthorized use of water through the fire system for purposes other than to extinguish a fire. A service that supplies water for multiple needs, such as for domestic use and for fire suppression, shall be fully metered and shall comply with the requirements of Section 21.12.030 "Application for Installation or Removal of Water Service."
Backflow protection which complies with Section 21.12.320 "Contamination of the City Water Supply and Requirements for Backflow Protection" is required on all fire services. All costs associated with providing backflow protection are the responsibility of the property owner.
To avoid unauthorized use of a fire protection system the Bureau will require the owner to install an approved full-flow meter under the following conditions:

 

A.   The existing detector metering device registers use of water for purposes other than to extinguish a fire or to test the system, or;

 

B.   Connections have been added to a system provided with a detector meter or detector double check valve assembly.

 

When full-flow metering is required because of unauthorized use, the Bureau shall charge the property owner or ratepayer for installing the meter, the meter vault, and shall assess a system development charge based on the size of the service. The Bureau policy for additional charges for unauthorized use of water from a fire protection system is established in Section 21.16.200 "Charges for Unauthorized Use of Fire Protection Services."


21.12.230 Permit and Report Required to Do Plumbing Work.

(Amended by Ordinance No. 176955, effective October 9, 2002.) It is unlawful for any plumber or other person to make connections, installations, replacements, extensions, or repairs to any City water service pipe, or to connect one service pipe with another service pipe, or extend a pipe from one building to another building, or to turn water on or off at any premises without having first obtained permission in writing from the Administrator or Chief Engineer. Such changes may require the installation of an approved backflow prevention assembly, as detailed in Section 21.12.320 "Contamination of the City Water Supply and Requirements for Backflow Protection." After the issuance of a permit to a plumber or other person authorized by the plumbing inspector to do plumbing work, the permittee shall make a report in writing to the Plumbing Division of the Bureau of Development Services of all connections, attachments, and extensions made in accordance with the permit within 3 days after completion of work.


21.12.240 Service Location Change.

When the service connection of any premises does not come from the main in front of the premises, the Bureau shall, when a main is laid in front of said premises, after notifying the owner or tenant thereof, provide a service connection to the new main without charge and at the same time, cut the old service connection. The property owner shall be responsible for the building connection to the new service. When services are relocated the Bureau may require installation of backflow protection, as detailed in Section 21.12.320 "Contamination of the City Water Supply and Requirements for Backflow Protection."


21.12.250 Location of Meters Inside City.

(Amended by Ordinance No. 182053, effective August 15, 2008.)

 

A.   Within the City, the water meter shall be located in or adjacent to street area where the Bureau fixes such location, except where a City water main is already located in an easement upon private property. For service within easements the Bureau may allow location of a water meter on or adjacent to such existing line, if necessary easements for the meter installation are offered to and accepted by the City.

 

B.   Unless this requirement is waived in a particular circumstance in the discretion of the Chief Engineer, and except as provided in City Code Section 21.12.260, all water meters must be outside any buildings on the premises and must be safely accessible by Water Bureau staff 24 hours a day for reading, testing, servicing, or replacement.


21.12.260 Water Service in Basements within the Public Right-of-Way.

(Amended by Ordinance No. 182053, effective August 15, 2008.)

 

A.   A metered water service and associated piping and equipment installed within a building's basement that extends into the public right-of-way must be enclosed to prevent damage to the building and it's contents. The owner of the property served, at the owner's expense, shall fabricate and install a waterproof vault that encloses the entire water service from the wall penetration to the backside of the meter assembly and separates it from other premises infrastructure, such as electrical panels, wires, and equipment.

 

B.   If a metered water service and associated piping and equipment installed within a building's basement that extends into the public right-of-way is found to exist without the proper waterproof vault, the Chief Engineer will notify the property owner of the requirements described in this Section. The property owner is responsible for having the vault designed and installed within the time allowed by the Chief Engineer. The Chief Engineer may allow additional time for the installation for extenuating circumstances and may, in his discretion, require a waiver and indemnity as provided in Subsection D. below, in return for the grant of additional time. If the property owner does not have the vault installed within the time allowed by the Chief Engineer, the Chief Engineer will deem that a hazard exists and service to the property may be disconnected as provided in Section 21.12.160.

 

C.   The owner must provide the waterproof vault's design plans for review and acceptance by the Chief Engineer of the Portland Water Bureau. The vault shall be designed and installed according to the Portland Water Bureau requirements so that Portland Water Bureau staff may safely access the meter and associated equipment 24 hours a day and so that the meter and associated equipment can be read, tested, serviced, and removed from the sidewalk area above. The vault shall be designed and installed to support the meter assembly and the full weight of water that may fill the vault. At the owner's expense, the Portland Water Bureau shall furnish a frame and cover for the meter vault, which will be installed by the owner. The vault shall be constructed of material that resists corrosion or be protected by a corrosion resistant coating. The owner shall be responsible for the integrity of the vault and shall maintain it to keep it free of corrosion and in a clean condition. The owner shall provide a penetration through the outside basement wall for installation of the service and shall seal the opening after installation of the pipe. The owner shall seal all openings of the vault except those leading to the sidewalk area.

 

D.   Except in cases of new services, the owner of the property together with affected lessees, if any, as an alternative to compliance with this Section, may execute for the benefit of the City an agreement, in a form satisfactory to the Chief Engineer and City Attorney,

 

1.   waiving any claim for damages for personal injury or property damage against the City and its officers, agents, and employees arising out of non compliance with the requirements of this Section and

 

2.   defending and holding harmless the City and its officers, agents, and employees against any claim by any person for damages for personal injury or property damage arising out of non compliance with the requirements of this Section.


21.12.270 Ownership of Meters.

(Amended by Ordinance Nos. 180120 and 182053, effective August 15, 2008.) All new services will have meters provided and installed by the Bureau; except sewer meters, commercial, domestic and irrigation submeters, and as provided for fire protection in Section 21.12.220 "Fire Protection Service." The cost of the meters plus installation shall be charged to the property owner requesting the new service. The new meters shall be owned by the Bureau. The Bureau shall assume all repair, maintenance, and future replacement responsibilities for the new meters. Where private meters exist, that are used by the Water Bureau for billing purposes, the Bureau shall perform all future repair, maintenance, and replacement work at no charge to the owners. If the private meter is determined to be obsolete, the Bureau shall replace the privately owned meter with a new Bureau-owned meter at no charge to the owner. The Bureau shall assume all responsibility for the cost of future meter repair or replacement. As outside areas are annexed to the City, privately owned meters that are used by the Portland Water Bureau for billing purposes shall be repaired or replaced on an as-needed basis with new Bureau-owned meters at no expense to the owner. All annexed services will be required to meet the backflow protection requirements, as detailed in Section 21.12.320 "Contamination of the City Water Supply and Requirements for Backflow Protection." All costs of adding backflow protection shall be the responsibility of the property owner.


21.12.280 Damaged Meters Owned by the City.

Whenever a meter owned by the City is damaged by hot water or damaged by the carelessness or negligence of the owner or occupant of the premises, or others, the Bureau will repair the meter and charge the bill against the property served or to the person or persons responsible for the damage. The cost of the repairs shall be as prescribed in the annual water rate ordinance.


21.12.290 Meter Area and Access To Be Clear.

Bureau personnel must have access to read and maintain water meters. It is unlawful to block meter access. It is unlawful for any person to store or maintain any goods, merchandise, material, or refuse, or install equipment over, under, or within 6-feet of any water meter, gate valve, or other appliance in use on any water meter connection of the Bureau. It is unlawful to park a motor vehicle over, upon, or in such a manner as to prevent access to any water meter, gate valve, or other appliance in use on any water meter connection of the Bureau regardless of whether such Bureau property is located on public or private property. Whenever it is necessary to enter a building to read the meter or work on the water connections, a safe passageway must be maintained by the occupant of the premises, free and clear of obstructions from the entrance of the building to the meter. Shrubs and landscaping shall not obstruct reading of the meter. Any obstructions may be trimmed or removed by the Bureau, and the owner or occupant and the premises may be charged as prescribed in the finance regulations, Title 5 of the Portland City Code.


21.12.300 Shut Off Because of Defective Installation of Meters.

Whenever water meters inside the City are found by the Bureau to be without adequate support, or with defective plumbing, or without shut-off equipment necessary to permit meter tests by the Bureau, or where through earth movements or subsidence, pipe bends, or connections have become faulty or are not tight, then the Bureau shall notify the owner to remedy the condition within 10 days from the date of notification. Where the notice has been given specifying the repairs or alterations to be done, then if the repairs or alterations are not completed within the time allowed, the water service shall be shut off until the repairs or alterations are completed. The Administrator may allow additional time for completion of repairs or alterations for extenuating circumstances.


21.12.310 Authority for Testing and Repairing Meters.

The Bureau may test and/or repair any meter on services supplied directly or indirectly by the Bureau at any time without application from the property owner and for this purpose may upon notice temporarily shut off the water. If a meter which is larger than 1 inch on City lines requires repairs, the Bureau shall give notice to the property owner or user and immediately place said meter in good working order. If the meter is not repairable due to wear, obsolescence or parts that are not available, the Bureau will replace the meter in accord with Section 21.12.270 "Ownership of Meters."


21.12.320 Contamination of the City Water Supply and Requirements for Backflow Protection.

(Amended by Ordinance Nos. 180120 and 182053, effective August 15, 2008.)

 

A.   Contamination of the City Water Supply. Except as required for operation of the water system, it is unlawful for any person to introduce or permit the introduction of any substance or pollution or contamination of any kind into the City water supply system. As to the reservoir portion of the City water supply system, also see PCC 14A.30.150 Misuse of Reservoirs.

 

B.   Backflow Protection. Property owners or users of City water may be required to install backflow protection in order to protect the water supply system.

 

1.   Authority to Require Backflow Protection. Oregon State Administrative Rules Chapter 333 (OAR 333) require water suppliers to "undertake programs for controlling, and eliminating cross-connections." These programs are for the purpose of preventing pollution and contamination resulting from inadequate backflow protection. These State regulations apply to "Community Water Systems" which include the City of Portland's water system. Through this section the Bureau adopts by reference OAR 333. The Bureau's detailed requirements are found in the document entitled "Backflow Assembly Installation Requirements" and is available from the Bureau. Backflow prevention assemblies are approved for use in Oregon by the State of Oregon (see "Approved Backflow Prevention Assembly List" available from the Bureau and the State of Oregon). As required by OAR 333, the Bureau shall require an approved backflow prevention assembly when the Bureau determines that: a complete physical separation from the City water system is not practicable or necessary; adequate inspection for cross-connection cannot be readily made; or there exists a possibility of backflow contamination resulting from special conditions, use, or equipment. The Bureau may require an approved backflow prevention assembly to be installed for new construction, where buildings or structures are remodeled, or where tenant improvements are made.

 

2.   Requirements for Testing Assemblies and Maintaining Backflow Protection. All assemblies must be tested immediately after installation or if the assembly is moved or repaired. Assemblies must also be tested at least once a year, on a schedule to be determined by the Bureau, or more frequently as determined necessary by the Bureau to provide adequate backflow protection. Tests shall be performed by a tester who is certified by the State of Oregon. Copies of the test results shall be provided to the water user or the owner of the premises and to the Bureau. Backflow prevention assemblies which are not functioning properly shall be repaired promptly and retested or replaced. The water user or owner of the assembly will be responsible for all associated costs of repair, testing and replacement.

 

3.   Authority to Deny or Discontinue Service When Backflow Protection is Inadequate. As required by OAR 333, where the Bureau has reasonable cause to believe that an existing or potential cross connection is located on a user's premises, the Bureau shall deny or discontinue service. The Bureau may also deny or discontinue service to a premise whenever an assembly is found to be malfunctioning or is not being properly maintained, tested, or repaired. Service shall not be provided or reestablished until adequate and approved backflow protection is installed and/or tested, or the cause of the hazard is otherwise eliminated.


21.12.330 Approval and Release of Easements and Real Property

(Added by Ordinance No. 182053; amended by Ordinance No. 185346, effective June 22, 2012.)

 

A.  Easements:  The Chief Engineer has sole authority to approve, accept and amend on  behalf of the City Council easements, permits, rights-of-way, former rights-of-way and related documents needed for the construction and management of the water system of the City of Portland when payment or consideration to the property owner and/or affected party does not exceed the limits set forth in City Charter Section 8-104.  The Chief Engineer has sole authority to release easements, permits, rights-of-way, former rights-of-way and related documents no longer needed for public water system purposes.  For street vacations or non-exclusive Portland Water Bureau easements, such release will not impair the needs of other bureaus or agencies of the City. 

 

B.  Real Property Excluding Easements:  When acting jointly, the Chief Engineer and the Administrator may approve, accept and amend on behalf of the City Council contracts and related documents for real property interests, excluding easements, needed for the construction and management of the water system of the City of Portland when payment or consideration to the property owner and/or affected party does not exceed the limits set forth in City Charter Section 8-104.  The Chief Engineer and the Administrator of the Portland Water Bureau may dispose of other real property interests and related documents no longer needed for public water system purposes. 

 

C.  Lease and License Agreements:  The Administrator may approve, accept, and amend on behalf of the City Council, leases, licenses, permits, or other similar agreements for use by others of Water Bureau property upon such terms and conditions as the Administrator deems to be in the best interest of the City and when approved as to form by the City Attorney.


21.12.340 Identification of Meter Readers and Inspectors.

(Added by Ordinance No. 182053, effective August 15, 2008.) Each employee of the Portland Water Bureau going onto private premises for purposes such as, but not limited to, reading, inspecting, or testing any metering device installed under the provisions of this Title shall wear identification from the Bureau in a conspicuous place upon the exterior of his or her clothing. The identification will be shown upon demand of any owner or person in charge of the premises entered.