Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
278.010,
278.012,
278.015,
278.030,
278.040,
278.170(3),
278.280
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 un-metered 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 doubleacting
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; 983;
eff. 11-13-2002; Crt eff. 3-27-2019.
STATUTORY AUTHORITY:
KRS
278.040(3),
278.280(1)
