Bakersfield Municipal Code Ch. 14.04 City Domestic Water Service Area

Sections: 14.04.010 Definitions. 14.04.011 Establishment of city domestic water service area. 14.04.020 Description of service. 14.04.030 Application for service. 14.04.040 Contracts. 14.04.050 Reserved. 14.04.060 Reserved. 14.04.070 Reserved. 14.04.080 Reserved. 14.04.090 Reserved. 14.04.100 Reserved. 14.04.110 Reserved.

14.04.130 Reserved. 14.04.140 Reserved. 14.04.150 Reserved. 14.04.160 Reserved. 14.04.170 Reserved. 14.04.180 Reserved. 14.04.190 Reserved. 14.04.200 Reserved. 14.04.210 Reserved. 14.04.220 Reserved. 14.04.230 Reserved. 14.04.240 Service connections, meters and customers’ facilities—Installation. 14.04.250 Service connections, meters and customers’ facilities—Ownership. 14.04.260 Service connections, meters and customers’ facilities—Installation and maintenance responsibility. 14.04.270 Service connections, meters and customers’ facilities—Right of access to customers’ premises. 14.04.280 Service connections, meters and customers’ facilities—Compensation to city’s employees. 14.04.290 Service connections, meters and customers’ facilities—Responsibility for loss or damage. 14.04.300 Service connections, meters and customers’ facilities—Water wastage. 14.04.310 Service connections, meters and customers’ facilities—Customers’ responsibilities precedent to receiving service. 14.04.320 Service connections, meters and customers’ facilities—Ground wire attachments. 14.04.330 Meter tests and adjustment of bills. 14.04.340 Service to separate premises and multiple units—Resale of water.

For the purposes of this chapter, the following words shall have the meanings as set forth in this section:

A. “Applicant” means the person, corporation, partnership or other agency applying for water service.

B. “Business service” means provision of water for use in connection with commercial premises devoted primarily to operations for profit including offices, stores, markets, apartments, hotels, motels, automobile trailer parks or courts, service stations and the like.

C. “City” means the city and department of water, or California Water Service Company, agent.

D. “Customer” means any person, association, corporation, partnership or other agency of record supplied with water service from the city.

E. “Date of presentation” means the date upon which a bill or notice is mailed or delivered by the city to the customer.

F. “Industrial service” means provision of water to industrial premises where the water is used primarily in manufacturing or processing activities.

G. “Irrigation service” means provision of water for commercial agriculture, floracultural or horticultural use and billed under distinct irrigation rates.

H. “Main extensions” means the extension of water distribution mains beyond existing facilities in accordance with the provisions of the rule applicable to main extensions filed as part of these tariff schedules.

I. “Metered service” means service for which the charges are computed on the basis of measured quantities of water.

J. “Premises” means the integral property or area, including improvements thereon, to which water service is, or is to be, provided.

K. “Rates” means the rate or charge for water use.

L. “Residential service” means provision of water for household purposes, including water used on the premises for sprinkling lawns, gardens and shrubbery; washing vehicles; and other similar and customary purposes pertaining to single-family or multiple-family dwelling.

M. “Service connection” means service pipe and meter (where applicable) from the distribution pipeline to the nearest curb or property line adjacent to a dedicated public street or to a public utility easement available for use by the city.

N. “Service pipe” means the connection between the city’s mains and the service connection, including all of the pipe, fittings and valves necessary to make the connection. (Prior code § 1.46.010)

There is established the city domestic water service area, the boundaries and service area of which shall be determined by the council by resolution, which resolution may be amended from time to time. (Ord. 4750 § 2, 2013; Ord. 2997 § 1, 1985)

A. Quantities. The city will endeavor to supply water dependably and safely in adequate quantities to meet the reasonable needs and requirements of customers.

B. Pressures. The city will endeavor to maintain normal operating pressures of not less than forty pounds per square inch nor more than one hundred twenty-five pounds per square inch at the service connection, except that during periods of hourly maximum demand the pressure at the time of peak seasonal loads may not be less than thirty pounds per square inch and that during periods of hourly minimum demand the pressure may not be more than one hundred fifty pounds per square inch. Variations in pressure under normal operation will not exceed fifty percent of the average operating pressure. (The average operating pressure will be determined by computing the arithmetical average of at least twenty-four consecutive hourly pressure readings.)

C. Quality. Whenever furnished for human consumption or for domestic uses, the city will endeavor to provide water that is wholesome, potable, in no way harmful or dangerous to health, and, insofar as practicable, free from objectionable odors, taste, color and turbidity.

D. Nonliability. The city shall not be liable for injury or damage to either persons or property resulting from failure to supply either adequate quantity, quality or pressure of the water supplied pursuant to these rules or pursuant to any contract hereunder. Acceptance of service by any customer shall constitute waiver of such liability. (Ord. 2660 § 2, 1981; prior code § 1.46.020)

A. Application for Service.

1. All persons, corporations, partnerships, agencies or entities of every type or kind shall make an
application for water service on a form provided by the city.

2. The application is merely a written request for service and does not bind the applicant to take service for
a period of time longer than that upon which the rates and minimum charge of the applicable rate schedule
are based; neither does it bind the city to serve, except under reasonable conditions.

B. Individual Liability for Joint Service. Two or more parties who join in one application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single periodic bills.

C. Change in Customer’s Equipment. Customers making any material change in the size, character or extent of the utilizing equipment or operations for which the city is supplying water service shall immediately give the city written notice of the extent and nature of the change.

D. Use of Water Without Application for Service Having Been Made. Any person or firm taking possession of and using water without having made application to the city for service shall be held liable for the full amount of the service rendered.

E. No application for water connection to the city-owned system shall be approved for an unincorporated area, other than the Fairhaven area, after the effective date of the ordinance codified in this section. (Ord. 5103 § 1, 2022; Ord. 5036 § 1, 2020; Ord. 4084 §§ 3, 4, 2002; Ord. 3560 § 1, 1993; Ord. 3504 § 1, 1992; prior code § 1.46.030)

A contract, as a condition precedent to receiving service from the city, will be required under any of the following circumstances:

A. Where required by provisions in a filed rate schedule;

B. When a main extension to be made under the provisions of Sections 14.04.140 through 14.04.230 requires an advance for construction;

C. For temporary service supplied under the provisions of Section 14.04.130;

D. For standby service or service requiring the payment of an availability fee;

E. For any service to be furnished at rates or under conditions other than the rates set by the city;

F. Under any circumstances where a contract would benefit the city and is directed to be prepared by the director of water resources. (Ord. 3504 § 2, 1992; prior code § 1.46.040)

(Ord. 5103 § 2, 2022; Ord. 4564 § 1, 2009; Ord. 2585 § 1, 1980; prior code § 1.46.050)

(Ord. 5103 § 3, 2022; prior code § 1.46.060)

(Ord. 5103 § 4, 2022; prior code § 1.46.070)

(Ord. 5103 § 5, 2022; prior code § 1.46.080)

(Ord. 5103 § 6, 2022; prior code § 1.46.090)

(Ord. 5103 § 7, 2022; Ord. 4564 § 2, 2009; prior code § 1.46.100)

(Ord. 5103 § 8, 2022; Ord. 3939 § 5, 1999; Ord. 3783 § 4, 1997; Ord. 3604 § 1, 1994; prior code § 1.46.110)

A. Monthly Rates and Fees. The city water board, with concurrence of the city council, shall establish monthly rates and fees for water usage. The monthly fee consists of two components: the “readiness to serve fee” which is a flat rate for all customers based on the size of connection and a “quantity unit rates” based on the quantity of water used. A complete schedule of all rates and fees authorized to be charged for water service shall be kept in the city’s local offices where they will be available for public inspection.

B. Availability Fees. Notwithstanding agreements otherwise, the city water board, with concurrence of the city council, shall establish availability fees for water service facilities required to enable development of all areas served by the city water system. Such fees are declared to be necessary to compensate the city for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses, including, but not limited to, costs of acquisition and financing and necessary costs of operation, maintenance, replacement, improvement and extension of the water system.

Each fiscal year, the water department shall submit to the water board a proposed availability fee schedule. The availability fee shall be adjusted annually by the Construction Cost Index defined in Bakersfield Municipal Code Section 15.84.030. Also, the fee schedule shall be further adjusted to reflect all city expenses incurred as set forth in the previous paragraph. The fee shall be adopted by resolution of the city council following a noticed public hearing.

C. All applicants for service where availability fees are to be paid shall sign a domestic water service contract. The required fee must be paid at the first occurrence of either the issuance of a building permit or the recordation of a final map. No final map allowing construction shall be recorded nor any building permit issued prior to payment of proper fees for water service. (Ord. 5103 § 9, 2022; Ord. 4732 § 1, 2013; Ord. 4344 § 1, 2006; Ord. 3504 § 3, 1992; Ord. 2660 § 3, 1981; prior code § 1.46.120)

(Ord. 5104 § 1, 2022; prior code § 1.46.130)

(Ord. 5104 § 2, 2022; prior code § 1.46.140(a)(1))

(Ord. 5104 § 3, 2022; prior code § 1.46.140(a)(2))

(Ord. 5104 § 4, 2022; prior code § 1.46.140(a)(3))

(Ord. 5104 § 5, 2022; prior code § 1.46.140(a)(4))

(Ord. 5104 § 6, 2022; prior code § 1.46.140(a)(5))

(Ord. 5104 § 7, 2022; prior code § 1.46.140(a)(6))

(Ord. 5104 § 8, 2022; prior code § 1.46.140(b)(1))

(Ord. 5104 § 9, 2022; prior code § 1.46.140(b)(2))

(Ord. 5104 § 10, 2022; prior code § 1.46.140(b)(3))

(Ord. 5104 § 11, 2022; prior code § 1.46.140(c))

facilities—Installation.

A. Service Connections.

1. Only contractors duly authorized by the city will be permitted to install a service connection from the
city’s main to the customer’s premises.

B. Meters.

1. Meters, where authorized, will be installed by the city at the customer’s expense, unless otherwise
provided in the rules and schedule of rates.

2. Where a meter and other facilities, including housings and connections, are located on a customer’s
premises, no rent or other charge will be paid by the city therefor.

3. All meters will be sealed by the city at the time of installation, and no seal shall be altered or broken
except by one of its authorized employees or agents.

C. Dual Water Supply—Protective Devices. Whenever there is present upon any customer’s premises a water supply which has not been approved by the Department of Public Health of the state as safe and potable for human use, or the customer is engaged upon the premises in industrial processes using or producing process water or liquid industrial waste or in the handling of sewage or any other dangerous substance, the city may refuse or discontinue service until there has been installed at the expense of the customer upon the customer’s premises a suitable protective device approved by the Department of Public Health to protect against backflow of water from the customer’s premises into the city’s system. Such protective device shall be installed in a manner approved by the city and in a location in which it is readily available to the city for periodic inspection. It shall be the customer’s responsibility at his or her own expense to maintain such protective device in a reliable and safe operating condition at all times.

D. Pumps and Boosters. When a customer receiving service at the city’s main or service connection must by means of a pump of any kind elevate or increase the pressure of the water received, the pump shall not be attached to any pipe directly connected to the city’s main or service pipe. A customer, whose operation requires the use of a quick-opening or quick-closing valve must operate such device from a tank, cistern, sump or other facility which may be served by but not directly connected with the city’s distribution mains or service pipes.

E. Automatic Valves. Quick-closing or quick-opening valves shall not be installed on customer’s pipes which are directly attached to the city’s mains or service pipes. A customer whose operation requires the use of a quick- opening or quick-closing valve must operate such device from a tank, cistern, sump or other facility which may be served by but not directly connected with the city’s distribution mains or service pipes. (Ord. 5104 § 12, 2022; Ord. 4750 § 3, 2013; Ord. 4632 § 1, 2010; Ord. 2660 § 4, 1981; prior code § 1.46.150(a))

facilities—Ownership.

The service connections, meters, and other facilities furnished by the city at the customer’s expense and located wholly or partially upon a customer’s premises are and shall remain the property of the city, which has the right to repair, replace and remove upon discontinuance of service. (Ord. 2660 § 5, 1981; prior code § 1.46.150(b))

facilities—Installation and maintenance responsibility.

The city will not be responsible for the installation and maintenance of the water pipelines beyond the end of the city’s service connection or meter. (Prior code § 1.46.150(c))

access to customers’ premises.

A. The city or its duly authorized agents shall at all reasonable times have the right of ingress to and egress from the customer’s premises for any purpose properly connected with the service of water to the customer.

B. Any inspection work or recommendations made by the city or its agents in connection with plumbing or appliances or any use of water on the customer’s premises, either as a result of a complaint or otherwise, will be made without charge and without assumption of any liability in connection therewith. (Prior code § 1.46.150(d))

facilities—Compensation to city’s employees.

All inspectors, agents and employees of the city are strictly forbidden to demand or accept any personal compensation from a customer for services rendered. (Prior code § 1.46.150(e))

facilities—Responsibility for loss or damage.

A. The city will not be responsible for any loss or damage caused by any negligence or wrongful act of a customer or his authorized representatives in installing, maintaining, operating or using any or all appliances, facilities or equipment for which water service is supplied.

B. The customer will be held responsible for damage to the city’s meters and other property resulting from the use or operating of appliances and facilities on the customer’s premises, including damage caused by steam, hot water, chemicals, etc., or from an act of the customer. (Prior code § 1.46.150(f))

wastage.

Where negligent or wasteful use of water exists on a customer’s premises, the city may discontinue the service if such conditions are not corrected within a reasonable time after giving customer written notice of intent to do so. (Ord. 5104 § 13, 2022; prior code § 1.46.150(g))

facilities—Customers’ responsibilities precedent to receiving service.

The customer, as a condition precedent to receiving service shall:

A. Furnish, install, and maintain in good repair necessary piping and facilities to make the connection from the city’s service connection to the place of consumption;

B. Provide a main valve between the city’s service connection and the point of use;

C. Consult the city prior to installation and secure its approval of the location on the curbline or property line at which connection to the city’s service connection shall be made. (Prior code § 1.46.150(h))

wire attachments.

All persons, firms, or corporations are forbidden to attach any ground wire to any plumbing which is or may be connected to any service connection or main belonging to the city, and the city will hold the customer liable for any damage to its property occasioned by any such ground wire which is now or may hereafter be attached. (Prior code § 1.46.150(i))

A. Tests.

1. Prior to Installation. Every meter will be tested prior to being installed and no meter will be placed in
service if found to register more than two percent fast or slow.

2. On Customer Request. A customer may request a meter test which may be subject to an administrative
fee.

B. Adjustment of Bills for Meter Error.

1. Fast Meters. When, upon test, the average meter error is found to be more than two percent fast, the city
will refund to the customer the amount of the overcharge based on corrected meter readings for the period
the meter was in use but not exceeding three months.

2. Slow Meters.

a. When, upon test, a meter used for commercial (residential and business) service is found to be
registering more than twenty-five percent slow, the city may bill the customer for the amount of the
undercharge based upon corrected meter readings for the period the meter was in service but not
exceeding three months.

b. When, upon test, a meter used for other than commercial service is found to be registering more
than five percent slow, the city may bill the customer for the amount of the undercharge based upon
corrected meter readings for the period the meter was in service but not exceeding three months.

3. Nonregistering Meters. The city may bill the customer for water consumed while the meter was
nonregistering but for a period not exceeding three months at the minimum monthly meter rate, or upon an
estimate of the consumption based upon the customer’s prior use during the same season of the year if
conditions were unchanged, or upon an estimate based upon a reasonable comparison with the use of other
customers during the same period, receiving the same class of service under similar circumstances and
conditions.

4. General. When it is found that the error in a meter is due to some cause, the date of which can be fixed,
the overcharge or the undercharge will be computed back to but not beyond such date. (Ord. 5104 § 14, 2022;
prior code § 1.46.160)

water.

A. Number of Services to Separate Premises. Separate premises under single control or management will be supplied through separate individual service pipes unless the city elects otherwise.

B. Service to Multiple Units on Same Premises. Separate houses, buildings, living or business quarters on the same premises or on adjoining premises, under a single control or management, may be served by either of the following methods:

1. Through separate service pipes to each unit; provided, that the piping system from each service is independent of the others and is not interconnected;

2. Through a single service pipe to supply the entire premises, in which case only one minimum or readiness-to-serve charge will be applied. The responsibility for payment of charges for all service furnished to combined units through a single service pipe, in accordance with this chapter, must be assumed by the applicant.

C. Resale of Water. Except by special agreement with the city, no customer shall resell any of the water received from the city nor shall such water be delivered to premises other than those specified in such customer’s application for service. (Prior code § 1.46.170)