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Ordinance No. 509-08 - Superseded \.: \.. L, ORDINANCE NO. 509-08 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR PRIVATE FIRE PROTECTION BY AMENDING ADMINISTRATIVE CODE SECTION 3.1.49 (B) AND SUPERSEDING ORDINANCE NO. 497-06 Be it enacted by the Board of Directors of the South Tahoe Public Utility District, County ofEI Dorado, State of California, as follows: SECTION I - POLICY AND PURPOSE The purpose of this Ordinance is to adopt certain amendments to the Administrative Code regarding water capacity charges for private fire protection. SECTION II - FINDINGS The Board of Directors ofthe South Tahoe Public Utility District, EI Dorado County, State of California, makes the following findings: A. The South Tahoe Public Utility District's ("District") water system was designed to provide water at pressures appropriate for residential use. Many areas within the District's distribution system were constructed by private water companies and have been acquired by the District since its formation. Accordingly, there are areas within the District's distribution system where water pressure is lower than desirable for fire suppreSSIOn purposes. B. In recent years, to serve the public interest, the District has increased the size of replacement water lines in an effort to provide water at pressures sufficient for fire suppression purposes. The District's efforts in this regard are ongoing. C. The adoption of the 2001 edition ofthe California Fire Code by the local fire department jurisdictions, requiring residential fire sprinkler systems due to reduced flows from the nearest fire hydrant became effective on February 1,2006. D. Residential fire sprinkler systems are hydraulically designed, with adequate fire flows ensured based on assumptions as to water pressure. A reduction in pressure, all other things held constant, reduces flow. In areas oflow water pressure, the diameter of a fire sprinkler line connection to the water main must be increased to overcome the friction loss of smaller diameter lines. When a water distribution system cannot achieve the requisite pressure, a fire sprinkler system may be required that would not have been required had there been higher water pressure in the water distribution system, or a larger-sized fire line may be required than would have otherwise been required had there been higher water pressure in the water distribution system. \., ~ '-' E. In areas where a sprinkler system is required or a larger fire line is required solely because oflow flows due to low water pressure, a sprinkler system or upsized line should not use any more water than would have been used through properly- sized facilities, were pressures sufficient to deliver the flows required by the sprinkler system. F. As, in situations oflow water pressure, no additional water capacity will be necessary to serve the additional or upsized fire line, the District desires to amend the Administrative Code to waive water capacity charges for private fire protection service when the lack of requested flow from the nearest fire hydrant due to low water pressure is the sole reason for the requirement a fire sprinkler system or an upsized fire service line. G. The Board of Directors has determined that it is in the best interest ofthe District and the community to allow for these changes to the Administrative Code. SECTION III - AMENDMENT OF ADMINISTRATIVE CODE The following section of the Administrative Code shall be amended to read as follows: 3.1.49 (b) Private Fire Protection Service. There shall be no water capacity charge for providing private fire protection service when the requirement for a fire service connection is based solely upon the lack of requested flow from the nearest fire hydrant. If a fire service connection is required due to the square footage of the structure, the water capacity charge for private fire protection will be based on a fire connection with a water system of pressure sufficient for fire suppression purposes. SECTION IV - SEVERABILITY If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance and its implementing rules and regulations is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or the Administrative Code. The Board of Directors declares and determines that it would have passed section, subsection, subdivision, paragraph, sentence, clause or phrase thereof of this Ordinance and its implementing rules and regulations and the Administrative Code irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. SECTION V - EFFECTIVE DATE This Ordinance Amending Administrative Code Section 3 .1.49 (b) is retroactive to February 1, 2006. Ordinance No. 509-08 Water Capacity Charges for Private Fire Protection Page 2 '" \., ~ PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 5th day of June, 2008 by the following vote: AYES: Directors Mosbacher, Rise, Schafer NOES: None ABSENT: Directors Jones, Claudio )?t ary ou Mosbacher, President South Tahoe Public Utility District ATTEST: Kathy Sharp Ordinance No. 509-08 Water Capacity Charges for Private Fire Protection Page 3