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Pierson officials debate who pays after freeze damages commercial backflow devices
Summary
After RCM Utilities replaced 13 commercial backflow preventers that froze, council discussed whether the town or business owners are responsible under conflicting ordinance language, and staff said it will clarify the code and notify commercial customers of annual certification requirements.
Council reviewed recent work by RCM Utilities to replace 13 commercial backflow prevention devices that froze over winter and considered how the town should bill property owners for the labor and device replacement.
Staff said an older ordinance in Chapter 12 required the town to install backflow devices for industrial and commercial customers at the time of adoption, while newer Chapter 14 municipal water-code language places installation and maintenance responsibility on the customer. Town attorney Scott Simpson and council members said they will determine which ordinance controls (most recent ordinance usually prevails) and consider sending notices to commercial customers about required annual certification and proof of inspection.
Staff provided a sample billing calculation: if labor for the lump-sum replacement is divided among 13 businesses, labor-only amounts to roughly $1.97 per business when total labor is spread across the 13, and a combined labor-and-device example in the packet resulted in an $800.40 figure (transcript numbers quoted as presented by staff). Council discussed enforcement options including requiring proof of annual inspection as part of business-license renewal or pursuing remedies such as service suspension for noncompliance. Staff will research ordinances, historical practice, and approaches used by comparable jurisdictions and return with a proposal for an ordinance amendment and notification plan.
