 
 Definitions Chapter I Chapter II: 201-208 Chapter II: 209-217 Chapter III: 301-318 Chapter III: 319-324 Chapter IV Chapter V   
CHAPTER II: 209-217 Water Service to Consumers
Sec. 2-209 Conservation Measures and Interruption of Water Supply 1. The Department will exercise reasonable diligence to deliver water to the consumer and avoid shortages or interruptions in service, but will not be liable for any interruption, shortage, insufficiency of supply, or any loss or damage occasioned thereby. 2. Whenever, in the Department's opinion, special conservation measures are advisable in order to forestall water shortages the Department may restrict the use of water by any means or method of control. 3. The Department reserves the right at any and all times to shut off water from the mains without notice for the purpose of making repairs, extensions, alterations, or other reason. Consumers dependent upon a continuous supply of water shall provide emergency water storage and any check valves or other devices necessary for the protection of plumbing or fixtures against failure of pressure or supply of water in the Department's mains. Repairs or improvements will be pursued as rapidly as practicable and, insofar as practicable, at such times as will cause the least inconvenience to the consumer. 4. The Department will not be liable or responsible for any damage to person or property caused by spigots, faucets, valves and other equipment that may be open when water is turned on at the meter, either when turned on originally or when turned on after a temporary shutdown. 5. The Department shall restrict the serving of drinking water to any customer unless expressly requested at any restaurant, hotel, cafe, cafeteria, or other place where food is sold, served or offered for sale. These restrictions shall not apply to catered groups of 25 people or more. Failure to comply with these requirements may result in the imposition of a fifty dollars ($50.00) special assessment for each violation, or in the discontinuation of water service and/or penalties as authorized in Section 2-205, 2b, and Section 5-501 of these Rules and Regulations. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 597, 1991] Sec. 2-210 Pressure Conditions When the pressure of the Department's supply is higher than that for which individual fixtures are designed, the consumer shall protect such fixtures by installing and maintaining pressure reducing and relief valves. The Department will not be liable for damage due to pressure conditions caused by or arising out of the failure or defective condition of such pressure regulators and relief valves or for damage that may occur through the installation, maintenance, or use of such equipment. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976] Sec. 2-211 Damage to Department's Property 1. Any damage to water mains, service connections, valves, fire hydrants, or other property of the Department shall be paid for by the person, persons or legal entity responsible for the damage. 2. The consumer shall be liable for any damage to a meter or other equipment or property of the Department caused by the consumer or his tenants, agents, employees, contractors, licensees or permittees, and the Department shall be promptly reimbursed by the consumer for any such damage upon presentation of a bill therefor. In the event settlement for such damage is not promptly made, the Department reserves the right to discontinue water service to such premises. 3. When a meter is found to have been damaged by hot water or steam emanating from the premises served, the consumer shall pay all costs required to repair the meter. 4. No obstruction shall be placed on or around any water meter, fire hydrant, or valve so as to render it inaccessible. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976] Sec. 2-212 Ingress To and Egress From Consumer's Premises Any officer or employee of the Department shall have the right of ingress to and egress from the consumer's premises at all reasonable hours, and at any hour during an emergency, for any purpose reasonably connected with the furnishing of water or other Departmental service and the exercise of any and all rights secured to the Department by law or these Rules and Regulations. In case any such officer or employee is refused admittance to any premises, or, being admitted, shall be hindered or prevented from carrying out his duties, the Department may cause the water service to be turned off at said premises five business days after written notice is given the consumer. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976] Sec. 2-213 Cross-Connection Control and Backflow Prevention 1. Prohibition of Certain Connections and Installations. In order to provide proper sanitary protection to the Department's water supply, and to comply with the applicable statutes, rules and regulations of the United States Environmental Protection Agency and of the State Department of Health, as presently adopted and from time to time amended, no cross-connections with other water supplies, or other physical connections, shall exist, or be installed, located, maintained or operated, which could permit backflow of contaminated water from the consumer's premises into the Department's water supply system, except as provided below: a. Cross-Connections with Other Water Supplies. Existing water supplies which are in active use and cross-connected to the Department's system will be allowed only under the following conditions: (1) Where such water supplies are regularly analyzed by the Department, or other agencies satisfactory to the Department, meet the requirements of the State's Safe Drinking Water Regulations and have no cross-connections which could permit backflow of contaminated water into those water supplies. (2) Where such water supplies do not meet the requirements of (1) above, are not normally under pressure, and are maintained solely for fire fighting purposes, and, where adequate protection against backflow to the Department's water system is provided by mechanical means, or other methods or devices, satisfactory to the Department. b. Other Physical Connections. Other physical connections may be permitted if, in the judgment of the Department, adequate protection can be provided the water supply of the Department against backflow by the installation of mechanical, or other methods or devices, approved by the Department, and installed, maintained and operated by the consumer in a manner satisfactory to the Department at all times; provided, however, that the Department may require the consumer to eliminate or rearrange designated plumbing or piping connections or fixtures, or to install a backflow device at the meter or other location, subject to the approval of the Department, whenever (1) the consumer is engaged in the handling of dangerous or corrosive liquids or industrial or process waters, highly contaminated water or sewage, or is engaged in the medical or dental treatment of persons who might have diseases transmittable by water; or, whenever (2) in the judgment of the Department there exists a danger of backflow into the Department's mains because of the possibility of unauthorized connections being created through noncompliance or inadvertence by reason of the complexity of the system or systems; or, because of failure by the consumer to provide adequately qualified personnel and supervision for maintenance and extension of the consumer's piping system or systems; or, for any other reason or cause deemed sufficient in the Department's discretion. 2. Separate Pressure System. The Department will require the installation of mechanical, or other methods or devices, on the consumer's side of the meter to prevent backflow whenever the consumer maintains a separate pressure system or a separate storage facility; or, in any way increases the pressures of the water within his premises above the pressure furnished by the Department; or, has such equipment or arrangement of piping, storage or industrial methods or processes as might under certain conditions raise the pressure of the water within his premises above the pressure of the water in the mains of the Department. Plans for all such installations must be approved by the Department. 3. Location of Protective Devices. Any device installed for the prevention of backflow as may be required under these Rules and Regulations, shall unless the Department approves otherwise in writing, be located above ground, and in such location as to be safe from flooding or submergence in water or other liquids, properly protected from external damage, freely accessible, and with adequate working room for testing and repairing. All such devices shall be tested at least once annually, and as often as required by the Department in those instances where successive tests indicate repeated failure. Repairs, replacement of parts, etc., shall be made whenever deemed necessary by the Department at the expense of the consumer. Making annual tests shall be the responsibility of the consumer, and shall be performed only by the consumer or such other qualified person or persons as may be acceptable to the Department. Records of all tests shall be made on forms prescribed by the Department, and a copy of each such record shall be promptly furnished to the Department. Failure of the consumer to make the proper tests and submission of records may, at the discretion of the Department, result in the Department's making the tests, needed repairs, and replacements, and charging the costs thereof to the consumer. 4. Conformance with Laws and Ordinances. The several conditions relative to installation and maintenance of cross-connections and other physical connections referred to in this Section shall be subject to the changing requirements of State and Federal health and environmental statutes, rules, regulations or other authority, and of the City and County of Honolulu Building Code. 5. Discontinuance of Water Service for Noncompliance. Failure on the part of the consumer to comply with the Department's requirements relative to cross-connections and backflow prevention will be sufficient reason for discontinuing water service until such time as the Department is satisfied the requirements have been met. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 472, 1979] 1. Fire service will be furnished as a public service only where adequate provision is made to prevent diversion of water through such service for other purposes. The fire connection shall be paid for by the consumer. After the water is turned on, the Department assumes no liability for loss or damage of any kind whatsoever that may occur to the premises served, as a consequence of fluctuation in pressure or any other cause. 2. No charge will be made for water used through such service for fire protection purposes, but any water lost through leakage or used in violation of the conditions contained herein shall be paid for by the consumer at the regular schedule of water rates and charges. The Department may disconnect and remove the said service if water is used for other than fire protection purposes or if leaks are not corrected. Whenever such disconnection is in effect, the Department shall not be in any way liable for loss or damage sustained due to the disconnection of service. A ten-day written notice of the Department's proposed disconnection with reasons therefore will be given to the consumer before disconnection is effected by the Department. 3. Service charges will be in accordance with rates established by the Department. 4. All fire services will be metered by a detector meter of a type approved by the Department. All services shall become the property of the Department after installation. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976; am BWS Res. No. 472, 1979] 1. Use of Fire Hydrant. Any use of a fire hydrant, or tampering therewith, or the taking of water therefrom for purposes other than fire protection by persons other than authorized employees of the Fire Department or the Department is prohibited, except upon prior application to the Department. 2. Damage to Hydrant or Property. Any damage to fire hydrants, and the consequent resulting loss or damage to property, or any injury to persons arising from or out of the damage to fire hydrants shall be paid for by the person or legal entity responsible for the damage. 3. Change in Hydrant Location. The Department will, if it approves the request for a change in location of a hydrant, change such location, provided, the cost of all labor, material, equipment and all other charges are paid by the person requesting such change. 4. Maintenance of Private Hydrants. The consumer shall, at his own expense, test periodically and maintain in good and safe working condition all private hydrants under his control and not under the jurisdiction of the Department. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976] Unless specifically agreed upon, the consumer shall not resell any water received by him from the Department. [Eff 5/10/76; am, renum and comp BWS Res. No. 427, 1976] Sec. 2-217 Elevation Agreement 1. Where pressure conditions permit, two or more residential units may be constructed on an existing lot which is located above the service limit. The meter serving the lot shall be located within the service limit of the system. The water system within the lot, if required, shall provide for fire protection in accordance with the requirements of the Fire Department. 2. Where pressure conditions within the distributing main adjacent to the lots above the service limit is less than 40 psi, the existing vacant lots may be serviced provided only one single-family home is constructed on the lot. For existing lots that are located along the water main between a reservoir and the service limit, a maximum of two (2) single-family homes will be allowed. 3. Where pressure conditions permit, subdivisions served by a private water system will be permitted above the service limit. The master meter serving the private water system shall be located within the service limit of the system. As a condition of providing water service to subdivisions above the service limit with private water systems, the Department will require the formation of an Association, which shall be organized and managed so that it substantially conforms with the requirements of Section 514A-83.6 Hawaii Revised Statutes. The Association shall name the Department as an additional insured in its general liability insurance policy and shall be financially responsible for the operation and maintenance of the private water system. 4. Where the floor elevation of a unit is less than 70 feet below the spillway elevation of the reservoir, a receiving tank with air gap, in accordance with the Department's requirements, and a pump shall be installed. The consumer shall permit the Department to inspect the installation for compliance with departmental requirements. 5. The prospective consumers or associations shall enter into an agreement with the Department agreeing to accept such water service as the system is able to provide and to hold the Department harmless for all claims due to any inadequacy of water supply. The Department will record the agreement at the Bureau of Conveyances. [Eff 9/5/1979; BWS Res. No. 472, 1979; am and renum BWS Res. No. 530, 1985; am BWS Res. No. 591, 1991; am and renum BWS Res. No. 610, 1992] |
