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Public Notice - Franklin County Water District - 6/26/2014

The Franklin County Water District hereby publishes an amendment to the Rules and Regulations as set out herein.  This notice is to advise the public that breach of this regulation will subject the violator to a penalty as described in the adopted rule.

  The Board of Directors of the Franklin County Water District passed this amendment on June 17, 2014.  Text in italics has been added, text that has been removed has been struck through.
“Contractor Registry” shall have the definition assigned in Section 14.23 below.
14.3 Application Process.
(a) (iv) The name of any contractor or, in the event the Lessee intends to act as its own contractor, any subcontractor who will be performing the work; and
(b) The District shall review the application and, the file for the affected Leased Property, and the Contractor Registry to determine any conditions, prior uncured violations, Lease defaults, contractor defaults, and other relevant factors.
14.6 Except as provided in Section 14.23(c) below, only contractors properly registered on the Contractor Registry and in good standing thereunder shall perform work on District Property that requires a permit pursuant to the terms of this Article. Notwithstanding the foregoing, a Lessee shall be responsible for ensuring that all contractors hired by such Lessee to perform work on District its Leased Property comply with the terms of the District permit as well as all applicable federal, state and local regulations and these Rules pertaining to the construction project. ANY DEVIATION FROM THE TERMS OF AN APPROVED PERMIT IS STRICTLY PROHIBITED WITHOUT THE PRIOR, WRITTEN AUTHORIZATION OF THE DISTRICT.
14.9 Both the holder of a construction permit and the contractor (if applicable) shall ensure that all Improvements, whether they require a permit or not, are located within the applicable boundary lines and setback lines of the applicable Leased Property and otherwise comply with these Rules.
14.10 Upon completion of the permitted construction, improvement improvements or replacement, the Lessee shall promptly notify the District to arrange for a final inspection.
14.10 Final approval of permitted construction projects shall be expressly conditioned upon a (i) satisfactory completion of a final inspection by the District, and (ii) receipt by the District of an As-Built Survey (or such other comparable evidence as the District deems acceptable) showing that the construction, improvement or replacement has been completed in accordance with the terms of the permit and does not encroach on over property lines or any required setback lines.
14.11 The holder of a construction permit is responsible for ensuring NO CONSTRUCTION, IMPROVEMENT OR REPLACEMENT THAT ENCROACHES OVER PROPERTY OR SETBACK LINES, OR IS OTHERWISE NOT IN COMPLIANCE WITH THE TERMS OF THE PERMIT OR THESE RULES, SHALL RECEIVE FINAL APPROVAL FROM THE DISTRICT. Any such noncompliance that all Improvements, including without limitation fences, retaining walls, and driveways, are located within the applicable boundary lines and setback lines. No construction, improvement or replacement which encroaches over boundary lines or setback lines, or is otherwise not in compliance with the terms of the permit, shall receive final approval remains uncorrected after notice from the District and shall constitute a default under these Rules and, the terms of the Lessee’s lease. Failure to correct such noncompliance, and the Contractor Registry (if applicable), and may result in the imposition of a fine an administrative penalty, the forced removal of the noncompliant improvement improvements at Lessee’s sole expense, and termination of Lessee’s leasehold interest, in addition to any other remedies available to District.
14.23 Contractor Registry. The District shall establish and maintain a registry (the “Contractor Registry”) of all contractors who have performed, or desire to perform, work upon District Property, subject to the following provisions:
(a) The Contractor Registry shall contain the following information with respect to each registered contractor:
    .    (i)  Company name
    .    (ii)  Names of all principals, officers and key personnel
    .    (iii)  Mailing address
    .    (iv)  Telephone number
    .    (v)  E-mail address
    .    (vi)  Emergency contact information
    .    (vii)  Current status (i.e., good standing, default, suspension, etc.)
Contractors shall promptly provide the District with updated registration information when changes occur.
(b) Except as provided in Section 14.23(c) below, no contractor shall perform any work on District Property that requires a permit unless such contractor is (i) listed on the Contractor Registry, and (ii) currently in good standing with the District.
(c) Notwithstanding the foregoing requirement, any Lessee shall have the right to act as its own contractor for performing work on its own Leased Property (but no other), provided that (i) no other uncured violations exist with respect to such Lessee or the Leased Property, (ii) such Lessee shall comply in all other respects with these Rules in the performance of such work, (iii) any contractors or subcontractors hired by Lessee must be in good standing and compliance with the provisions of this Section 14.23, and (iv) the District reserves the right to require that certain work on District Property must be performed, reviewed or supervised by a contractor, engineer or architect reasonably acceptable to the District if the District reasonably determines that such work is of a nature or character that performance by the Lessee alone could pose a risk to persons or property or otherwise cause a violation of these Rules.
(d) Any contractor, regardless of past history with the District, shall be eligible for initial registration on the Contractor Registry upon filling out the registration form with complete and accurate information and paying the applicable registration fee.
(e) A contractor’s inclusion on the Contractor Registry shall not imply any endorsement, recommendation, or preferred status with the District, and no contractor shall advertise or hold itself out to the public as receiving any such endorsement, recommendation or preferred status.
(f) In addition to any other rights and remedies available to District hereunder, including without limitation against the applicable Lessee, any violation of the terms of an applicable permit or these Rules by a contractor in the performance of any work on District Property (including, without limitation, the performance of unpermitted work) shall be noted in the Contractor Registry for a period of twelve (12) calendar months. Additionally, the District shall have the right to assess the following penalties for each such violation by a contractor:
(i) First violation: Contractor shall meet with the Manager to discuss the violation and shall receive a written warning in the Contractor Registry.
(ii) Second violation in any 12-month period: Contractor shall pay a $1,000 administrative penalty and shall be immediately suspended from receiving a permit or performing any work on District Property until thirty (30) days from the later of (x) the discovery of the violation by the District, or (y) the expiration or finalization of the contractor’s latest, currently-issued permit.
(iii) Third violation in any 12-month period: Contractor shall pay a $2,500 administrative penalty and shall be immediately suspended from receiving a permit or performing any work on District Property until ninety (90) days from the later of (x) the discovery of the violation by the District, or (y) the expiration or finalization of the contractor’s latest, currently-issued permit.
(iv) Fourth violation in any 12-month period: Contractor shall be immediately suspended from receiving a permit or performing any work on District Property until one (1) year from the later of (x) the discovery of the violation by the District, or (y) the expiration or finalization of the contractor’s latest, currently-issued permit.
A full text of the regulations can be located on the District’s website, www.fcwd.com.