Long Beach Municipal Code Ch. 15.40 Gas Regulations

Footnotes:

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Note— Prior ordinance history: Ord. C-5644.

For purposes of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth herein are defined as follows:

1. "Active or open account" means an account for which a customer has signed and is being billed for gas service.

2. "Applicant" means any person requesting gas service, service installation, main extensions, or any other service performed by the utility, or its authorized agent.

3. "Utility services officer" means the billing and collections officer of the City of Long Beach.

4. "Billing period" means the time interval between two (2) consecutive meter readings which are taken for billing purposes.

5. "City" means the City of Long Beach, California.

6. "Commercial Services Bureau" means the Commercial Services Bureau of the Department of Financial Management of the City.

7. "Cost" means the actual cost to the utility, including all labor, material, supplies, equipment and miscellaneous items, together with any applicable indirect and general charges, plus the cost for general administrative overhead, in accordance with the account practices of the utility.

8. "CPUC" means the California Public Utilities Commission.

9. "Customer" means a person in whose name service is rendered as evidenced by the signature on the application, contract, or agreement for service, or in the absence of a signed instrument, by the receipt and payment of bills for such service regularly issued in such person's name regardless of the identity of the actual user of such service.

10. "Date of presentation" means the date upon which a bill or notice is mailed, or personally delivered by the gas utility or its representative, to the customer.

11. "Facilities charge" means the charge payable by the applicant for the installation of gas system facilities in a new subdivision or other parcel.

12. "Gas service" means the availability of gas to a premises through the facilities of the utility and any gas supplied through such facilities.

13. "Gas supply system" includes the works and auxiliaries for collection, storage, and distribution of gas from the source of supply to the point of connection with the customer's facilities.

14. "Inactive or closed account" means an account which is not signed for and has no current customer. The account remains in the billing system, and can be reactivated upon application.

15. "Main" means a gas pipeline located in streets, highways, public ways, thoroughfares, or private rights-of-way, and which is used to serve the gas utility customer.

16. "Meter service charge" means that portion of the charge for gas service which is a fixed amount related to the rate category served and unrelated to the quantity of gas registered on the gas meter.

17. "Person" means any individual partnership, corporation, agency or other organization.

18. "Premises" means all real property, buildings and appurtenances occupied by an owner, lessee, or tenant as a dwelling or as a business, commerical or industrial enterprise upon an integral parcel of land undivided by a public thoroughfare.

19. "Pro-rata charge" means a charge payable by the applicant for the installation of gas system facilities from a main eligible to main prolongation charge refund.

20. "Quantitative charge" means a charge, based on current gas rate schedules, for the amount gas registered on the gas meter serving the premises.

21. "Reconnection" means the same as service restoration.

22. "Regular service connection" means a facility for the delivery of gas to a permanent location for domestic, commercial or industrial use. It consists of the pipe valves, fittings, meter and other equipment by means of which the utility conducts gas from its distribution main to the point of the customer's connection.

23. "Service" means the same as "gas service," unless the context indicates otherwise.

24. "Service connection charge" means the charge payable by the applicant for the installation of a regular or temporary service connection.

25. "Service restoration" means reestablishment of gas service after discontinuance of service for any reason.

26. "Temporary service" means gas service for construction work or other uses as deemed feasible by the utility, such that service is required for only a limited time.

27. "Utility" means the gas utility of the City.

28. "Utility users tax" means a tax imposed by the general City government on a utility service user.

(Ord. C-7019 §§ 1, 2, 1992; Ord. C-5713 § 1 (part), 1981: prior code § 7461.1)

A. Application. Each prospective customer shall make application for the service desired. Application for service does not in itself bind the gas utility to serve the applicant, except under reasonable conditions, and in accordance with the applicable rate schedule.

B. Shortage of gas supply and interruptions of delivery. The gas utility shall exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of gas to the customer, and to avoid any shortage or interruption or insufficiency of supply, or any loss or damage occasioned thereby. The gas utility is not responsible for any loss or damage if the same is caused by unavoidable accident, act of God, fire, earthquake, strikes, riots, war or any other cause not within its control.

Whenever the gas utility shall find it necessary for the purpose of making repairs or improvements to its system, it may suspend temporarily the delivery of gas, and notwithstanding any provision of this ordinance to the contrary, at its discretion, give such reasonable notice thereof as circumstances may permit to the affected customers. The making of such repairs or improvements shall be completed as rapidly as practicable and at such times as will cause the least inconvenience to the customers.

C. Use of Gas Without Application for Service. Any person who takes possession of a premises where the gas supply has been shut off by the gas utility and uses gas without making proper application for gas service shall be responsible for all charges for the gas service.

When a person takes possession of any premises and finds the gas supply to be turned on, he shall notify the gas utility of such findings and make application for gas service within three (3) working days of his occupancy of the premises. If the person fails to notify the gas utility he will be held liable for all charges for gas services rendered.

In either event, the amount of such charges shall be determined by the gas utility, either by meter readings or on the basis of the estimated consumption for the time gas was used.

In the event the consumer or other person turns on the gas supply by opening the meter stop or a sealed valve, that person shall be held liable for all charges which result from the gas utility's efforts to stop the unauthorized use of gas.

If the premises served are unoccupied, the owner of the property shall be billed for gas used without application, and held responsible for payment of the bill, unless it appears a person other than the owner used the gas service, in which case the user shall be billed. If the owner is unable to identify the user, it shall be presumed that the owner was the user.

When the gas utility finds that gas is being used without proper application for service or service connection, the service may be discontinued, or disconnected, without notice.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.2)

A. Each applicant for gas service is required to establish applicant's credit to the satisfaction of the gas utility. Applicant's credit will be deemed established for all classes of service:

1. If the applicant makes a cash deposit to secure the payment of any bills for service;

2. If the applicant furnishes another type of security satisfactory to the gas utility or furnishes a satisfactory bond approved as to form by the City Attorney, for the payment of bills for gas service; or

3. If the applicant's credit responsibility is satisfactory to the gas utility.

B. An applicant who has been a customer of the gas utility, and whose service has been discontinued for failure to pay bills for gas service, may be required to reestablish credit by making a cash deposit.

(Ord. C-5713 § 1 (part), 1981: prior code 7461.3)

Whenever deposits are required to establish or reestablish credit, the following regulations shall apply:

A. Amount of Deposit. The amount of deposit to establish or reestablish credit is two (2) times the estimated average monthly billing, but in no case shall the amount be less than thirty-five dollars ($35.00).

B. Application of Deposits. Cash deposits shall be applied toward the payment of any gas bills whenever the customer has made satisfactory payment of gas utility bills for a period of one (1) year. Other types of security posted with the gas utility pursuant to Subsection A of this Section shall be returned to the customer, whenever the customer has made satisfactory payment of gas utility bills for a period of one (1) year.

C. Forfeiture of Cash Deposits. The balance of all cash deposits shall be forfeited if unclaimed by the customer within two (2) years from the date service is discontinued, provided proper notice has been sent to the customer at the last known address.

(Ord. C-7019 § 3, 1992; Ord. C-5713 § 1 (part), 1981: prior code § 7461.4)

A. When. Gas service may be discontinued or refused to any premises at which the customer may be receiving gas for any of the following named causes and under regulations as follows:

1. Nonpayment of Bills. Nonpayment of a bill in the following situations: Seven (7) calendar days after presentation of a shut-off notice. A customer's service may be discontinued if a bill for gas service furnished at a previous location is not paid within seven (7) calendar days after presentation of a shut-off notice.

2. Unsafe Apparatus. If any part of the customer's service, appliances or apparatus shall at any time be deemed unsafe, or if the utilization of gas by means thereof shall be prohibited or forbidden under the authority of any law, ordinance or regulation, or until the customer shall restore such part of the service, appliances or apparatus in good and safe condition and comply with all laws, ordinances and regulations applicable thereto.

The City does not assume the duty of inspecting the customer's services, appliances or apparatus or any part thereof, and assumes no liability therefor.

In the event that the customer finds the gas service or connections to be defective, he shall immediately notify the gas utility to this effect.

3. Noncompliance with Gas Utility Regulations. If the customer shall fail to comply with any of the provisions pertinent to gas meter location, piping, fixtures and appliances within five (5) days after notice. This notice may be dispensed with in the event of a dangerous condition on a customer's premises, or in case a customer is utilizing the service in such a manner as to be dangerous for occupants of the premises, thus requiring immediate discontinuance of service.

4. Abuse or Fraud. If the customer has received gas service at any premises supplied by the gas utility during a service period for which the bill is delinquent, or has made application by using any name or alias other than his true name, or otherwise has given false information in obtaining service for himself or another, and the bill for such service is delinquent.

5. Unsatisfactory Credit. If the customer's credit is deemed unsatisfactory because of insufficient or incorrect credit information, or a failure to make a deposit when a deposit is required.

B. Customer's Request.

1. A customer may have his service discontinued by notifying the gas utility at least three (3) working days in advance of the desired date of discontinuance, in which event he may be required to pay all charges until the date of discontinuance. In the event such notice is not given, such customer shall remain liable for all charges for service prior to discontinuance thereof, whether or not such customer is the actual user of such service. The utility will endeavor to effect the discontinuation on the requested date, however, three (3) working days will be given to complete the order.

C. Rules and Regulations. The City Manager, with the approval of the City Council by resolution, shall adopt, amend or repeal and the City Manager shall enforce rules and regulations for termination of gas service. Such rules and regulations shall establish the procedure for termination of gas service in accordance with the Public Utility Regulatory Policies Act of 1978 and the U.S. Department of Energy guidelines issued pursuant thereto.

(Ord. C-7019 § 4, 1992; Ord. C-5713 § 1 (part) 1981: prior code § 7461.5)

The following reconnection charges shall be collected in advance of service restoration:

A. If a meter has been turned off for any reason set out in this Code or to protect against perpetration of fraud or if service was discontinued at the request of the consumer because of changed operating conditions, the minimum charge will apply as given in the schedule of fees and charges.

B. It may become necessary to remove and reset a meter or otherwise alter a service facility to protect against abuse or fraud, or for any other reason set out in this Code. The estimated cost of the work is shown in the schedule of fees and charges.

(Ord. C-5713, § 1 (part), 1981: prior code § 7461.6)

A. Payment Upon Presentation. Bills for gas service shall be rendered according to estimated usage or actual usage on the meter at regular intervals, and are due and payable upon presentation.

B. Responsibility. Removal bills, special bills, bills rendered on vacation premises, or bills rendered to persons discontinuing the service, shall be paid upon presentation. Bills for connection or reconnection of service, and deposit payments for reestablishment of credit, as required by the provisions of this Chapter and State law, must be paid before service will be connected or reconnected.

Two (2) or more adult persons receiving service in the same residence shall be jointly and severally liable for bills of service, deposits, reconnection charges, and related service charges, whether or not the City received a joint application, and shall be billed by means of a single periodic bill, mailed to the person on the application designated to receive the bill.

Service may be discontinued or denied at a premises where bills for service provided to a prior customer are still outstanding if it is determined by the City that the prior customer still resides at the same premises or that it can be shown that the new and prior customers occupied the premises during the period the bills were incurred.

C. The City may disconnect or refuse service to an applicant if the acts of the applicant or conditions upon the premises indicate that false, incomplete, or inaccurate information was provided to the City.

When bills are delinquent, or an applicant has prior delinquent bills, the utility may demand that the full amount of both delinquent and current bills be paid in full.

(ORD-05-0004 § 1, 2005: Ord. C-5713 § 1 (part), 1981: prior code § 7461.7)

Unless expressly prohibited by any other law applicable to the City, money paid to the City by any person for gas service may be refunded to that person if it is determined by the General Manager of the gas utility that the refund is appropriate due to a billing error made by the City. The refund may be made by direct payment to the person or by a credit on that person's bill for gas service.

The conditions and time limitations for refunds in Chapter 3.48 of this Code apply to the refund of gas utility charges.

(ORD-06-0011 § 7, 2006: Ord. C-6713 § 1, 1990)

All pipelines, meters, regulators, appliances, fixtures and other apparatus shall be installed and replaced under the following regulations, except as otherwise specified:

A. Meters, appliances, etc. All service pipe, meter set assemblies and related apparatus installed by the utility, upon or across any property or premises, for the purpose of delivering gas to consumers, shall remain the property of the City, and may be repaired, replaced or removed by the gas utility at any time.

The owner or occupant of any property or premises where such installation has been made shall exercise reasonable care to prevent the service pipes, meter set assemblies and other related apparatus of the City from being damaged, destroyed or obstructed; and, in case any defect therein or damage thereto shall be discovered, he or she shall promptly notify the gas utility thereof.

B. Meter Installation and Location. All meter set assemblies and related apparatus shall be installed by the utility and the owner of the property or premises shall provide a suitable and accessible location for same in accordance with applicable State and local building codes, and accessible at all times to properly authorized employees or representatives of the City.

No customer or owner shall construct any building, building addition, room or other obstruction over or around an existing meter location, or service line, or otherwise impair the accessibility at some later date, without first obtaining the approval of the City.

If a compartment is provided for housing the meter set assembly, related apparatus or any part thereof, it shall be used and occupied only and exclusively by and for such equipment.

C. Multiple Meter Installation and Location. In all buildings or locations where separate meters are required for purposes of individual gas accounting or in cases where separate meters are installed to better facilitate the operation of customers' appliances, all meters shall be located at a central accessible point, or as prescribed by the gas utility, and all house gas line inlets shall be properly identified, as prescribed by the gas utility.

No additional meter or meters shall be installed at any location with existing meter or meter set assembly in the event such existing meter or meter set assembly is installed contrary to any provision of this Chapter or other applicable ordinances or laws.

The individual house lines connected to the outlet of the meters in all locations where two (2) or more meters are installed to service different customers in the same building or groups of buildings shall not be so tied together or interconnected in such manner as to permit or cause a back pressure on any of the other meters that are installed to service other customers located on the same property.

D. Replacement of Meters. In the event of the replacement at the request of a customer of any meter for any reason other than as provided for in Section 5.40.100, a charge shall be based upon the schedule of fees and charges shall be levied. Replacement of meters on account of changes in tenants, customers, or gas consumption shall be made without cost.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.8)

A. Meters will be read as nearly as possible at regular intervals; however, the City may also estimate the customer's utility usage for billing purposes on the basis of customer information including, but not limited to, the physical condition of the metering equipment, available meter readings, records of historical use, records of common usage by similar customers, and the general characteristics of the customer's past and present utility load and operation.

B. Standard delivery pressure shall be approximately one-fourth pound per square inch gauge pressure under normal operating conditions. Applications for pressure in excess of this amount may be approved by the gas utility. The gas utility reserves the right to vary, limit or reduce the amount of excess pressure supplied to a customer at any time and accepts no responsibility for any loss occasioned thereby. Except in cases of emergency or under conditions not within the control of the gas utility, reasonable notice will be given to customers of contemplated changes in delivery pressure.

C. Volumes of gas recorded by displacement meters measuring gas at pressures in excess of standard delivery pressure shall be corrected on the basis of data issued by the Southern California Meter Association, as revised from time to time and currently in effect at time of delivery.

D. Volumes of gas measured by orifice meters will be computed on the basis of the procedures set forth in the American Gas Association "Report No. 3" as revised from time to time and currently in effect at time of delivery.

E. Bills for services shall be rendered at regular intervals of time approximately one (1) month, commonly called "monthly", except in those cases where the gas utility shall prescribe another billing interval.

F. Reading of separate meters not combined. For the purpose of determining charges for gas consumption, all meters upon the customer's premises shall be considered separately, and the readings thereof shall not be combined; provided, however, the gas utility may, for operating purposes, install more than one (1) meter where the service falls under but one (1) rate schedule, in which event the reading of the meters shall be combined for the purpose of determining charges for gas consumption.

(ORD-05-0004 §§ 2, 3, 2005; Ord. C-7019 §§ 5, 6, 1992; Ord. C-5713 § 1 (part), 1981; prior code § 7461.9)

A. All meters shall be tested prior to their installation into service, and no meter shall be placed in service or be allowed to remain in service following any test which has an error in excess of two (2) per centum under conditions of normal operation. Meters removed from service shall be randomly tested at the reasonable discretion of the gas utility.

B. Any customer may, upon not less than five (5) days' notice to the gas utility, require a test of his or her meter. When a customer requests a meter test within five (5) years after date of installation or change of the meter, a deposit to cover the cost of the test shall be required. The amount of this deposit shall be in accordance with that given in the schedule of fees and charges. The amount so deposited plus the amount of the overcharge computed in accordance with Section 5.40.110 shall be returned to the customer if the meter is found, upon test, to register more than two (2) per centum fast under conditions of normal operation.

C. A customer shall have the right to require the test to be conducted in his presence or in the presence of an expert or other representative appointed by him/her.

D. Within a reasonable time after completion of the test, a report giving the name of the customer requesting the test, the location of the premises where the meter had been installed, the number of the meter, the date of removal, the date tested, and the result of the test shall be supplied to the customer, by the gas utility.

(ORD-15-0021, § 1, 2015; Ord. C-5713 § 1 (part), 1981; prior code § 7461.10)

Whenever a meter which has been in service is tested and such meter is found to be more than two (2) per centum fast, a refund to the customer or a credit to his/her account will be made of the overcharge, based on the corrected meter readings for the period, not to exceed six (6) months, for which the meter was in use. If it can be shown that the registration error was due to some cause certain, the approximate date of which can be established, the overcharge shall be computed back to, but not beyond, such time. In either case no refund or credit will be made wherein the overcharge is less than one dollar ($1.00) to any one (1) account. If a meter, upon test as herein provided, is found not to register, or to register more than twenty-five (25) per centum slow under conditions of normal operation, a bill for the undercharge may be rendered to the customer. The undercharge shall be based on the estimated volume of gas consumed for the period immediately preceding the replacement of the meter, not to exceed six (6) months. If it can be shown that the registration error was due to some cause certain, the approximate date of which can be established, the undercharge shall be computed back to, but not beyond, such time.

(Ord. C-7019 § 7, 1992; Ord. C-5713 § 1 (part), 1981; prior code § 7461.11)

Any notice to a customer may be given by written notice, either delivered personally to the customer or enclosed in a sealed envelope and deposited in the United States Mail in the City, postage prepaid, addressed to the customer at the customer's address specified in the customer's application for service of gas, or in the customer's contract in case such customer has a contract for gas service, or at such address as may be subsequently given therefor by the customer to the gas utility.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.12)

All gas pipeline extensions shall be installed under the following regulations:

A. General requirements.

1. When an applicant requests that the gas utility extend a gas pipeline, applicant shall, prior to the commencement of any work, pay all fees applicable to the estimated footage of such extension in accordance with the schedule of fees and charges.

2. If the actual footage of the gas pipeline extension differs from the estimated footage, then the fees due under the schedule of fees and charges shall be adjusted accordingly, and excess fees shall be refunded to the applicant without interest or applicant shall promptly pay any additional fees, as applicable.

3. If the gas pipeline extension project is cancelled, then the gas utility shall refund to the applicant those fees, without interest, which do not cover costs actually incurred by the gas utility prior to the cancellation.

4. The right to a refund of any fees paid pursuant to this Section shall not be assigned except upon the prior written consent of the gas utility, and the gas utility may refuse to refund any such fees to an assignee of the applicant where such consent to the assignment thereof was not first obtained.

5. If an applicant's pipeline extension project is rescheduled or delayed, the gas utility shall have the right to revise its fee estimate based on the most current schedule of fees and charges.

6. All work on gas pipelines shall be by the gas utility or by a contractor approved and qualified by the gas utility, and such work shall be in accordance with gas utility standards and specifications.

7. The gas utility, at its own cost and expense, shall safely operate and maintain the gas pipeline.

8. All gas pipelines and appurtenances on public or private property installed under this Section, up to and including the meter set assembly, shall be the property of the City, and may be repaired, replaced or removed by the gas utility at any time.

B. Technical requirements.

1. The gas utility shall, except in very unusual cases, extend its gas pipelines only in public highways, streets or alleys. Such pipelines shall be installed along the most practical route from a point of service selected by the gas utility to a point directly opposite the meter locations satisfactory to the gas utility to service the applicant. Gas pipelines shall be installed upon private property only in the most unusual cases and if the terms and provisions of the right-of-way agreement and the cost of the right-of-way are satisfactory to the gas utility.

2. The gas utility shall design the most practical route on public streets from an existing pipeline to where the new pipeline will be most useful to the applicant.

3. The gas utility shall, at the applicant's expense, design, furnish and install a pipeline of suitable capacity, extending from a gas main to the meter location of the premises to be served. The applicant shall furnish on the premises to be served an accessible meter location satisfactory to the gas utility. The gas utility reserves the right to choose the point on the premises where service will be provided.

4. Whenever an application is made for gas service to premises that have been resubdivided from that shown in the original subdivider's plat and it is found necessary to install a pipeline in addition to that which would have been required to serve the premises as originally platted, the gas utility shall, at the applicant's expense, install and maintain the individual pipeline required to serve such premises.

5. Whenever an application is made for gas service at a location not in conformance with this Section and an individual pipeline extension is required in excess of that originally installed or planned to serve the premises, the gas utility may at its option install the additional pipeline provided the applicant shall advance the entire cost of such additional pipeline.

6. Stub services, i.e., services laid in public streets extending from the main to a point without a meter assembly, shall be installed at the sole and absolute discretion of the gas utility.

7. In the event an applicant for gas service to a premises, to which the gas utility already has and maintains an adequate stub serving such premises, locates buildings, concrete pavement or other improvements in such a manner as to render the use of such stub service impossible, the gas utility shall require the applicant to pay the fee for installing additional service from the main to the meter of the premises to be served.

8. Branch services, i.e., services which extend from another service to applicant's meter or meters, shall be installed only at the sole and absolute discretion of the gas utility.

9. The gas utility shall not, except in very unusual cases, install, extend, renew or replace any gas pipeline which is located under any portion of a building. No person shall, except in very unusual cases, erect, construct, place, replace, build or rebuild any building over a pipeline through which gas can flow. In very unusual cases, a pipeline may be installed under a building provided such pipeline is enclosed within a gas-tight metal casing installed at the expense of the applicant and approved by the gas utility in its sole and absolute discretion. If the pipeline enclosed within a casing or the casing needs to be repaired the cost of such repair will be borne by the applicant.

10. In case it shall be necessary to extend a pipeline across private property other than the property of the applicant, the applicant shall first secure and furnish, without cost to City, the meter location and the rights-of-way necessary for such pipeline satisfactory to the gas utility. If rights-of-way are satisfactory to the gas utility, the gas utility shall extend a pipeline to the meter location of the applicant in accordance with this Section. In the event such rights-of-way shall in any instance be revoked, the gas utility may discontinue the supply of gas without obligation or liability. When the extension of pipeline is made in the manner above provided and subsequent to the date service is first rendered to the customer, the gas utility installs in a public street a distribution main pipeline from which service can be rendered to the customer, the customer shall thereafter take service from the distribution main pipeline.

11. When meter, or meters, have been installed in locations which are not in conformance with the requirements of this Section and any applicable ordinances of the City because of new construction, alterations or additions upon the premises, the gas utility may require the owner or customer to relocate the house piping connection or connections in such a manner as to permit the receiving of gas at an accessible meter location that does conform to the requirements of this Section and any applicable ordinances of the City. The gas utility reserves the right to relocate the pipeline at the customer's expense and provide facilities for the service of gas at any location on the premises to be served that it so desires, and where more than one (1) adequate gas service exists on a premises, the gas utility shall have the right to continue or discontinue whichever service it chooses.

12. The customer and owner shall exercise reasonable care and cooperation in furnishing and maintaining an adequate space or location for the installation, renewal, repair or replacement of the gas pipeline.

13. When performing work on customer's premises the gas utility will at all times exercise reasonable care to protect customer or owner's property from unnecessary damage or destruction. However, the gas utility assumes no responsibility for the replacement or repair of any surfacing or other improvements broken, damaged or destroyed in the due course of installing or relocating gas pipeline or other gas facilities located on customer's premises when such installation or relocation work is being done on the request or application of the owner or customer or when changes in the gas facilities are made necessary due to new construction, alterations or additions upon the premises. The gas utility may at its option replace any surfacing broken or damaged on customer's premises in the due course of repairing, replacing or relocating the gas pipeline or other gas facilities due to deterioration, leakage, stoppage or any other natural cause. The gas utility assumes no responsibility for future inspection or maintenance of any surfacing repairs or replacements which it may make on customer's premises and therefore accepts no liability.

14. All pipe beyond the outlet connections of the meter, master meter, or bank of meters, shall be maintained by applicant, customer and the owner of the premises, and the gas utility shall not be responsible for any loss of gas or any loss or damage whatsoever caused by or arising out of, or in connection with pipe or equipment installed beyond the outlet of the gas utility's meter, master meter or bank of meters.

15. If an applicant requests relocation of a pipeline for purposes benefiting the applicant, then the costs for removal and relocation will be the responsibility of the applicant.

(ORD-09-0012, § 1, 2009; Ord. C-5713 § 1 (part), 1981; prior code § 7461.13)

Editor's note— ORD-09-0012, § 2, adopted Apr. 21, 2009, repealed § 15.40.140, which pertained to "service extension-generally" and derived from Prior code § 7461.14; and Ord. C-5713 § 1 (part), 1981.

Editor's note— ORD-09-0012, § 3, adopted Apr. 21, 2009, repealed § 15.40.150, which pertained to "stub service" and derived from Prior code § 7461.15; and Ord. C-5713 § 1 (part), 1981.

In the event property of the gas utility is damaged as the result of negligence or any unlawful act or omission on the part of any person, or property owner, such person causing such damage or the property owner shall pay to the gas utility all costs incurred in restoring or replacing such property including, but not limited to loss of service, supplies and labor costs.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.16)

Temporary service, as herein considered, refers to service to circuses, bazaars, fairs, temporary restaurants, construction works and enterprises of a temporary nature. The gas utility may, at its option furnish temporary service under the following conditions:

A. The applicant for such temporary service shall pay to the gas utility, in advance or otherwise as the gas utility may elect, the net cost of installing and removing any facilities necessary in connection with the furnishing of such service by the gas utility.

B. Each applicant for temporary service shall deposit with the gas utility a sum of money equal to the estimated amount of the bill for such service, or to otherwise secure, in a manner satisfactory to the gas utility, the payment of any bills which may accrue by reason of such service so furnished or supplied.

C. Nothing herein shall be construed as limiting or in any way affecting the right of the gas utility to collect of the customer any other or additional sum of money which may become due and payable from the customer by reason of the temporary service furnished, or to be furnished, hereunder.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.17)

Where the gas utility has adequate service facilities to supply separate premises, such separate premises, even though owned by the same customer, shall not be supplied with its gas through one and the same meter without approval of the gas utility.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.18)

The City shall at all times have the right of ingress to and egress from the customer's premises at all reasonable hours for any purpose reasonably connected with the furnishing of gas and the exercise of any and all rights secured to it by law.

Any person who wilfully and unlawfully prevents or causes to prevent the City from exercising its rights of ingress to and egress from the customer's premises, as set forth above, shall be guilty of a misdemeanor.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.19)

The customer shall bear all risk and expense and shall be responsible to install and keep in good and safe condition, all piping and equipment required beyond the gas utility's meter for receiving gas from the gas utility, and for utilizing such gas including all necessary protective appliances, and the gas utility shall not be responsible for any loss or damage occasioned or caused by negligence, want of proper care, or wrongful act of the customer or customer's agents, employees, or licensees on the part of the customer installing, maintaining, using, operating, or interfering with any such regulators, service pipes, gas mains, appliances, fixtures or apparatus.

(Ord. C-5713 § 1 (part), 1981; prior code § 7461.20)

Only duly authorized employees or agents of the gas utility shall be authorized, permitted or allowed to connect the customer's service to or disconnect the same from the gas utility's gas mains; and such connection or disconnection shall be deemed to include, but without excluding other means or methods of connection or disconnection, the turning on or off of any valve so as to permit the flow or passage or to stop the flow or passage of gas through any meter or into the house lines, fixtures and consumption outlets on customer's premises or elsewhere, except only in case of emergency such as fire, earthquake or other similar occurrences. Cost of reinstallation or remedial work made necessary by unauthorized additions, modifications or removals shall be paid for by the customer.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.21)

In the event that the customer shall make any material change either in the number or character of the gas appliances installed upon his premises to be supplied with gas by the gas utility, the customer shall within thirty (30) days of installation of these appliances give the gas utility written notice of this fact.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.22)

No person shall wilfully break, dig up, obstruct, tamper with or injure any meter, regulator, service pipe, or other pipe or main, appliances, fixtures or other apparatus used in connection with conducting, serving or measuring of gas, and no person shall wilfully, with intent to injure or defraud, make use of, or use any pipe or conduit in connection with any main, service pipe or other pipe or conduit owned, installed or controlled by the utility under any of the provisions of this Chapter or any other ordinance of the City, for the purpose of conducting or supplying gas, in such manner as to supply gas to or permit the consumption of gas by or at any burner or outlet by or at which gas is consumed or is otherwise used or wasted, without passing through any meter provided for measuring and registering the quantity of gas passing through such pipe, tube or conduit, or wilfully act in any other manner so as to evade or cause the evasion of payment therefor; and no person, with like intent, shall tamper with, injure or alter any gas meter or regulator or obstruct its action.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.23)

The gas utility shall not furnish service to gas apparatus or appliances, the operation of which will be detrimental to the gas service being furnished to customers in the immediate vicinity or supplied from the same distribution system. The gas utility shall refuse to continue furnishing gas to any customer who uses an air blast apparatus without a check valve to prevent the possible return of air into the main, or who uses burners containing devices which may put a vacuum on the meter or gas system, or who uses gas at an unreasonably high rate during peak hours, or who, after being notified to discontinue the use of gas, shall continue to use the same.

(Ord. C-5713 § 1 (part), 1981: prior code § 7461.24)

No person except the City or any of its departments or divisions shall be authorized to do any of the following without a written permit contract, or franchise specifically authorizing same from the City:

A. To erect, construct, operate or maintain or use any natural gas pipeline, plant, meter, system, gasworks, or gas distribution system or facility within the City in order to sell, transport or distribute or provide nonmunicipal natural gas or gas transportation to any natural gas user, transporter, or consumer within the City;

B. To interconnect any building, structure or facility of any kind to any natural gas pipeline or system of the City;

C. To acquire any natural gas pipeline, plant, meter, system, gaswork, or gas distribution system or facility within the City in order to sell, transport or distribute or provide nonmunicipal natural gas or gas transportation to any natural gas user, transporter, or consumer within the City.

(Ord. C-7019 § 8, 1992)