Chapter 13.03 GENERAL PROVISIONS

13.03.010 Article purpose.

13.03.020 Short title.

13.03.030 Definitions.

13.03.040 References.

13.03.050 Responsibility for design.

13.03.060 Enforcement.

13.03.070 Civil enforcement.

13.03.080 Identification.

13.03.090 System maps.

13.03.100 Location of records.

13.03.110 Amendment.

13.03.120 Penalty for violation.


13.03.010 Article purpose.

The purpose of this article is to promote good water utility practices, encourage economic and efficient development, protect ground water quality and to establish minimum standards of design, construction and operation of waterworks systems as defined hereafter. The standards are intended to safeguard water customers from injury resulting from structural or sanitary hazards which may arise from inadequacies in the design, construction, maintenance and operation of water systems. This article is intended to cover water systems constructed, replaced, extended or rehabilitated to serve new subdivisions and residential, commercial and industrial developments within the unincorporated area of the county. The standards herein prescribed are intended as minimum standards applicable after adoption and continued full utilization of existing facilities is contemplated. (Ord. 383 § 1, 1974).

13.03.020 Short title.

This article shall be known as and may be cited as the “Water Ordinance.” (Ord. 383 § 2, 1974).

13.03.030 Definitions.

Unless the context otherwise requires, the definitions in this section shall govern the construction of this article.
A. “Board” means the board of supervisors of the county of Madera.
B. “Building code” means Ordinance 367, including the uniform codes incorporated therein codified in Title 14 of this code, including, but not limited to:
1. The Uniform Building Code, 1970 edition, Volume I, including the appendix thereto, all as adopted by the International Conference of Building Officials;
2. The Uniform Mechanical Code, 1970 edition, also known as Uniform Building Code, Volume II, and jointly adopted by the International Association of Plumbing and Mechanical Officials and the International Conference of Building Officials;
3. The Uniform Building Code, 1970 edition, Volume III, Housing, as adopted by the International Conference of Building Officials;
4. The Uniform Plumbing Code, 1970 edition, including the appendices thereto, all as adopted by the International Association of Plumbing and Mechanical Officials; and
5. The National Electrical Code, 1971 edition, as adopted by the National Fire Protection Association.
C. “County” means the county of Madera.
D. “Customer” means any person, firm, association or governmental agency supplied or entitled to be supplied with water service by a water system.
E. “Distribution system” means the network of conduits, used for the delivery of water by the water system to the customer’s service connection.
F. “Main extension” means the extension of water mains beyond the existing facilities, exclusive of service connections.
G. Officers. The words or terms, director of planning, county engineer, health officer and road commissioner imply officials of the county.
H. “Operator of the water system” is the person, firm, association, mutual water company, or corporation installing, operating, repairing and maintaining a water system in the county. Each operator shall obtain for the water system a permit as provided in this article.
I. “Owner” as used in this article means the operator or the person or corporation who owns an interest in the facility or the person or persons who operate and maintain the system.
J. “Person” means any individual, person, firm, partnership, or public or private corporation; “public” shall also imply quasipublic as used herein.
K. “Service connection” means the pipeline or conduit, including valves, or other equipment installed in place, necessary for conducting water from the street or easement water main to the customer’s property line.
L. “Source” means all components of the facilities utilized in the production, treatment, storage, and delivery of water to the distribution system.
M. “Subdivision ordinance” and “zoning ordinance” as used in this article mean the respective ordinances as adopted by the board of supervisors, including all amendments and additions thereto.
N. “Transmission system” means the pipelines from the sources of water supply to the distribution system.
O. “Water mains” means any pipe or conduit laid along or in any highway, road, alley, lane, or walk, and any easement, or within the water system’s property, to be used for the transmission or distribution of water, but not including service connections or laterals.
P. “Water system” means all facilities utilized in the supply of water to two or more persons upon two or more separate parcels of land, including source, transmission and distribution, but not beyond the customer’s service connection. (Ord. 383 §§ 50--65, 1974).

13.03.040 References.

A. “ASA” means the American Standards Association, 70 E. 45th St., New York, New York.
B. “ASTM” means the American Society for Testing Materials 1916 Race St., Philadelphia, Pennsylvania.
C. “AWWA” means the American Waterworks Association 2 Park Ave., New York, New York. (Ord. 383 §§ 400, 401, 402, 1974).

13.03.050 Responsibility for design.

The preparation and/or submission of designs, calculations, plans and specifications in connection with water systems shall be under the direct supervision of a registered civil engineer. (Ord. 383 § 3, 1974).

13.03.060 Enforcement.

The county engineer or the county health officer is authorized to issue a written order to any person violating any of the provisions contained in this article commanding such person to cease and desist in any act governed by the provisions of this article, and the failure or refusal of such person to comply with said order, after service upon him of such order, shall make such person guilty of a misdemeanor punishable as provided herein. (Ord. 383 § 4, 1974).

13.03.070 Civil enforcement.

Any violation of the provisions of this article constitutes a nuisance. The remedy to abate the nuisance shall be according to the nuisance abatement ordinance in Chapter 7.20 of this code. This remedy shall be in addition to any other remedy provided by this article or by law.
In addition to any other remedy provided by law, the water appeals board may authorize the county counsel to file an action in the superior court of the state in and for the county for a writ of mandate to command performance of any violated provision of this article or penalty therefor as prescribed by the court. (Ord. 383 § 5, 1974).

13.03.080 Identification.

Inspectors will be provided with suitable means of identification and shall identify themselves upon request when entering upon the work of any contractor or property owner for any inspection or work required by this article. (Ord. 383 § 6, 1974).

13.03.090 System maps.

The operator of a water system shall have on file at its principal office, drawings, maps or other permanent records for the purpose of aiding in the operation of the water system. The scale of such maps or drawings shall be such that all data recorded thereon shall be clear and legible. These records shall show the following:
A. Location of all principal pumping stations, diversion works, water treatment and filter plants, sources of supply, storage facilities, size, character, and location of all mains and ditches, including valves and gates, gauges, interconnections with other systems and fire hydrants;
B. Location, size and kind of each service pipe;
C. Layout of all principal pumping stations, water treatment and filter plants to show size, location and character of all major equipment, pipelines, connections, valves and other equipment used in connection herewith;
D. The date of construction of all principal items of plant and extensions of main. (Ord. 383 § 7, 1974).

13.03.100 Location of records.

All records required by the provisions of this article, the current water utility certificate and appropriate information on changes and operation of the water system shall be kept on file at the principal office of the operator of the water system or other suitable storage places located within the county. (Ord. 383 § 8, 1974).

13.03.110 Amendment.

Not less than ten days prior to the adoption of any ordinance amending this article the county engineer shall notify in writing all operators of water systems that have filed with said engineer a written request for such notification. (Ord. 383 § 9, 1974).

13.03.120 Penalty for violation.

Every person violating any provision of this article is guilty of a misdemeanor and upon conviction is punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. (Ord. 383 § 11, 1974).