807

KAR 5:095. Fire protection service for water utilities.

 

      RELATES

TO: KRS 278.010, 278.012, 278.015, 278.030, 278.040, 278.170(3), 278.280

      STATUTORY

AUTHORITY: KRS 278.040(3), 278.280(1)

      NECESSITY,

FUNCTION, AND CONFORMITY: KRS 278.040(3) authorizes the commission to

promulgate, pursuant to KRS Chapter 13A, reasonable administrative regulations

to implement the provisions of KRS Chapter 278. KRS 278.040(2) grants the

commission exclusive jurisdiction over utility rates and services. KRS 278.012

states that water associations are subject to the commission’s jurisdiction.

KRS 278.015 expressly subjects water districts to commission jurisdiction. KRS

278.030 authorizes utilities to collect fair, just, and reasonable rates for

their services. KRS 278.170(3) provides that a utility may provide free or

reduced rate water service to any city, county, urban-county, fire protection

district or volunteer fire protection district for fighting fires or training

firefighters under a tariff that is approved by the commission and that

requires the water user to provide water usage reports to the utility on a

regular basis. KRS 278.280 authorizes the commission to prescribe rules for the

performance of any service or the furnishing of any commodity of the character

furnished or supplied by the utility. This administrative regulation governs a

utility’s provision of water for fire protection service.

 

      Section

1. Definitions. (1) "Private fire protection service" means water

service to support the operation of a private fire protection system, including

private hydrants, automatic fire sprinkler systems, standpipes, and other

appurtenances that a customer installs to assist in extinguishing fires.

      (2)

"Private fire service line" means a water line that is installed at

the customer’s expense and that extends from a water main to provide private

fire protection service to a single customer, a single multi-unit building or

complex, or a single commercial or industrial development.

 

      Section

2. A utility may enter into a special contract with a customer regarding the

allocation of costs for system improvements necessary for private fire

protection service.

 

      Section

3. A utility shall require a customer requesting private fire protection

service to bear the cost of constructing a private fire service line that runs

from the water utility’s distribution or transmission main through the

customer’s property. The utility shall own and be responsible for the

maintenance, repair, and replacement of the portion of a private fire service

line that extends from the utility’s distribution or transmission main to the

utility’s easement. The customer shall own and be responsible for the

maintenance, repair, and replacement of the remaining portion of the line.

 

      Section

4. A utility shall permit a customer to connect a private fire protection

system to a service line that serves the customer for other purposes, including

domestic consumption, if the connection to the service line for the fire

suppression system is on the customer's side of the customer's metering point.

 

      Section

5. Rates for Private Fire Protection Services. (1) A utility shall not assess a

rate for private fire protection service that includes a component for water

usage unless that component is based upon a customer’s actual usage.

      (2)

A utility shall not assess a separate charge or fee for private fire protection

service if the customer’s private fire protection system is directly connected

to a service line that serves the customer for other purposes.

      (3)

A utility shall assess a rate for service to a fire protection system that is

separately connected to the utility’s distribution system and that does not

receive water service for any other purpose. The rate shall recover, at least,

the cost of:

      (a)

Depreciation and debt service or return on utility investment in the utility

facilities that directly connect the utility’s main to the fire protection

system;

      (b)

Expenses associated with periodic inspections to ensure against unauthorized

use;

      (c)

Expenses associated with meter reading and billing, if a meter is installed for

the fire protection system; and

      (d)

Expenses for maintenance, repairs, and inspection on the utility facilities

that directly connect the utility’s main to the fire protection system.

 

      Section

6. A utility shall require a customer who receives private fire service through

an unmetered connection to report:

      (1)

At least annually, his reasonable estimate of water usage for flushing,

testing, or other purposes and the basis for his estimate; and

      (2)

Within one (1) month after the service’s use to fight a fire, his estimate of

the water usage to fight the fire and the basis for his estimate.

 

      Section

7. (1) As a condition of service, a utility shall require a customer who

connects a private fire protection system to the utility’s facilities, either

directly or indirectly, to install double-acting backflow preventers.

      (2)

A utility shall have access to a customer's premises at all reasonable hours to

inspect the customer's private fire protection system to ensure compliance with

subsection (1) of this section.

 

      Section

8. Fire Sprinkler Systems. (1) A utility shall provide service dedicated solely

to a fire sprinkler system without the use of metering equipment unless good

cause related to the delivery or use of the service exists. If a utility

installs a metered service for a fire sprinkler system, it may assess a fee for

the cost of its installation that includes the cost for service tap, meter, and

meter vault.

      (2)

A utility may require a customer who connects a fire sprinkler system to its

water distribution system to make repairs upon or improvements to his fire

sprinkler system to correct any deficiency, defect or problem noted in any

report of a test or inspection required by 815 KAR 10:060.

      (3)

A utility may require a customer who connects a fire sprinkler system to its

water distribution system to report:

      (a)

The location of the fire sprinkler system;

      (b)

A change in the fire sprinkler system’s operating status;

      (c)

The performance of required maintenance on the fire sprinkler system; and

      (d)

The results of any test or inspection of the fire sprinkler system required by

815 KAR 10:060.

      (4)

A utility providing service that complies with 807 KAR 5:066, Section 5(1),

shall not be required to increase water pressure levels to support fire

sprinkler systems unless the commission finds an increase is reasonable and

necessary.

 

      Section

9. A utility that permits a fire department to withdraw water from its water

distribution system for fire protection and training purposes at no charge or

at reduced rates shall:

      (1)

Require a fire department to submit quarterly reports demonstrating its water

usage for the quarter; and

      (2)

State in its tariff the penalty to be assessed for failure to submit the reports

required by subsection (1) of this section.

 

      Section

10. Deviation. For good cause shown, the commission may permit a deviation from

this administrative regulation. (29 Ky.R. 200; Am. 983; eff. 11-13-02.)