N.Y. Comp. Codes R. & Regs. tit. 21 § 10085.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 10085.13 - Water meters

(a) Installation of meters. In all cases, the water board reserves the right to place a meter upon any premises. The owner, user or tenant, or agent thereof of the premises must provide a suitable place wherein to place the meter. After the meter is so attached, any damage which such meter may sustain, resulting from the tortious conduct of such owner, user, tenant or agent to properly secure and protect the same, as well as any damage which may result from allowing such meter to become frozen or to be injured by hot water or steam settling back from a boiler, shall be paid to the water board on demand. In case payment is not so made, the water shall be shut off and not turned on until all charges are paid. The water board may sue and collect of the owner, user tenant or agent thereof the amount of such damages in civil action. All persons are forbidden to tamper with, knowingly render inaccurate, interfere with or disconnect a water meter from any service after it has been attached to any premises. All meters shall be furnished by the water board and remain the property of the water board. All references to meters shall include the meter, wires and connections thereto.

(b) Complaints on meters. In all cases where a complaint is received about meter and a service call to the premises where the meter is located is required, the person making the complaint shall make arrangements for access to the meter by department personnel at a definite time and date. In the event that department personnel are unable to gain access to the meter at the time and on the date specified, such person shall be liable for the real cost incurred by the water board and the city for such service call. In case payment is not so made, the water shall be shut off and not turned on until all charges are paid. The charge referred to herein shall be made for each time city personnel are unable to gain access to a meter after receiving a complaint and making an appointment to inspect the meter at the premises in which the meter is located.

(c) Entry to premises. The commissioner reserves the right to enter, at any reasonable time, and with reasonable notice, any premises where a water meter is installed, for the purpose of reading, testing, examining, repairing, removing, replacing or modifying such meter and its appurtenances when, in the opinion of the commissioner, such action is necessary.

(d) Meters.

(1) All premises shall be equipped with a water meter to measure all water consumption, unless the commissioner determines that the placement of a meter in a dwelling or structure is impracticable or impossible.

(2) No meter will be furnished to any consumer for any purpose except at the minimum rates per meter as provided in the board schedule of rates.

(3) If a meter fails at any time to register or inaccurately measures the quantity of water consumed, then such quantity shall be determined and the charge will be made based on the average quantity registered during such preceding period of time prior to the date of failure as the commissioner may determine.

(4) In the event it becomes impossible or impractical to obtain a current reading of any meter, for any reason, then the quantity of water consumed during such time shall be determined, and the charge will be made based on the average quantity registered during such preceding period of time prior to the date of impossibility or impracticability as the commissioner may determine.

(5) No deduction may be made from the invoices on account of leakage.

(6) All defects in meters must be reported to the department for repair or correction.

(7) All meters must at all times be accessible to the employees of the department for examination and inspection.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 10085.13