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Ordinance No. 535-11ORDINANCE NO. 535-11 AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT REGARDING WATER CAPACITY CHARGES FOR PRIVATE FIRE PROTECTION BY AMENDING SECTION 3.1.49 (B) AND SUPERSEDING ORDINANCE NO. 509-08 BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, as follows: SECTION 1— 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 — DEFINITIONS For the purposes of this Ordinance, the terms used herein are defined as follows: A. The District — The South Tahoe Public Utility District. 0 B. The Board — The Board of Directors of the South Tahoe Public Utility District. C. Administrative Code — The compilation and codification of all of the Administrative, Water, Sewer, Street Lighting and Groundwater Management Plan Ordinances of the District, which establish the authority and the principles for the decisions of the District, and provide the public with guidelines applicable to District operations. D. Fire Marshall — The Fire Marshall of El Dorado County, California or the Fire Marshall of South Lake Tahoe, California. SECTION III — FINDINGS The Board of Directors of the South Tahoe Public Utility District, County of El Dorado, State of California, make the following findings: 1. Local fire districts have implemented changes to their Fire Codes, which effective on January 1, 2011, which require the installation of fire sprinklers in all newly constructed homes and in remodeled homes where the remodeled area constitutes over 50% of the home's square footage. 0 © 2. The local Fire Marshalls will require private fire service connections consistent with the Fire Codes, as amended. 3. The District's current Administrative Code reflects a prior practice pursuant to which private fire service connections were required based on the square footage of construction and the water pressure at nearby fire hydrants. The proposed amendment to the Administrative Code is intended to bring District practices in line with the new Fire Code requirements. 4. Under application of the new Fire Code provisions, the District will assess a capacity charge to a new fire service connection whenever required by the Fire Code. 5. The Board has determined that it is in the best interest of the health and safety of District residents to adopt an ordinance to amend certain provisions of the Administrative Code regarding water capacity charges for private fire protection. SECTION IV — AMEND SECTION 3.1.49 (B) OF THE ADMINISTRATIVE CODE Administrative Code Section 3.1.49 (b) to be amended as follows: 3.1.49 Private Fire Protection Service. (b) If the installation of a fire service connection to a residential structure for fire suppression purposes is required by the Fire Code, the District shall impose a water capacity charge for that service connection in accordance with the schedule set forth in Section 3.1.49 (c). SECTION V — 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 any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid. Ordinance No. 535 -11 Water Capacity Charges for Private Fire Protection C Page 2 c c SECTION VII — EFFECTIVE DATE This Ordinance amending the above referenced sections to the Administrative Code shall take effect thirty days after its passage. PASSED AND ADOPTED the Board of Directors of the South Tahoe Public Utility District at its duly held regular meeting on the 16th day of June, 2011, by the following vote: AYES: Cefalu, Jones, Rise, Schafer NOES: None ABSENT: Mosbacher ATTEST:, Dale Rise, President South Tahoe Public Utility District Kathy Sha lerk of the B and Ordinance No. 535 -11 Water Capacity Charges for Private Fire Protection Page 3