The West Virginia Public Service Commission staff has filed proposed rules for public water utilities to operate and maintain fire hydrants under a new state law allowing utilities to increase rates to comply with standards to be set by the PSC.
PSC staff members filed the proposed rules Monday for PSC approval. The rules were crafted by a commission-appointed task force formed in March that included water utilities and the commission’s Consumer Advocate Division representing residential ratepayers.
The rules proposed after West Virginia Legislature passage of House Bill 5617 in March apply to all regulated public water utilities that own, operate or maintain public fire hydrants. The proposed rules are open for a 30-day comment period. More information on the rules is at bit.ly/PSChydrantrules.
HB 5617 authorized the PSC to establish rules for the testing and maintenance of fire hydrants owned by water utilities.
HB 5617 was a response to what PSC staff members found was a widespread failure among water utilities throughout the state to inspect, test and maintain fire hydrants.
“[I]t is an unacceptable situation which must be corrected,†warned a PSC staff memorandum filed with the agency in January.
The rules, if approved by the PSC, give utilities 12 months to finish what is to be the first of annual inspections of all public fire hydrants. Utilities would have 60 months to complete flow testing on all public fire hydrants, with flow tests to continue on a five-year basis. Utilities also would have to mark, or color-code, each public fire hydrant per the rules within 30 days of finishing required flow testing.
Utilities would have to compile and maintain a complete record for each public fire hydrant on their system and update hydrant records at least annually following each hydrant inspection, or more often if required by flow testing, maintenance, damage, repair, removal or replacement.
Each water utility would have to have a “comprehensive,†written program detailing the inspection, flow testing, marking and maintenance of public fire hydrants.
Hydrant master records would be required and have to provide the location of the hydrant, with GPS coordinates of each hydrant and a photo of each hydrant included. Annual hydrant inspection reports would have to provide all necessary information to verify that the hydrant was inspected fully.
Spokespeople for West Virginia American Water and the Morgantown Utility Board welcomed the rules Tuesday.
“We believe the rules are a reasonable compromise among all parties and have already begun successfully complying with the anticipated regulations,†West Virginia American Water spokesman Bradley Harris said in an email.
Morgantown Utility Board spokesman Chris Dale said the PSC ruling will have little impact on his utility’s practices, noting that it partners with the Morgantown Fire Department to conduct annual tests of fire hydrants within Morgantown city limits.
The only differences for the utility are that it will conduct full flow testing of fire hydrants outside city limits every five years and color-code hydrants in accordance with the ruling, Dale said.
West Virginia American Water faced scrutiny in May 2023 when ÂÒÂ×ÄÚÉä firefighters reported insufficient flow at three hydrants on the West Side during a house fire. The company said in a news release that month the three hydrants were rendered out of service after an investigation with the ÂÒÂ×ÄÚÉä Fire Department.
A Kanawha County school board member whose house burned in the fire sued West Virginia American in Kanawha County Circuit Court, also in May 2023. Ric Cavender’s unresolved lawsuit has alleged gross negligence and breach of contract, saying that Cavender lost not only his home but his personal belongings and family dog Duke in the fire.
The PSC staff had recommended amending state code to address hydrant inspection and testing, finding that state rules and regulations don’t require annual inspection or periodic flow testing in accordance with national standards.
HB 5617 allows the PSC to issue rules on the inspection and testing of hydrants per National Fire Protection Association and American Water Works Association standards.
Based on responses from 256 water utilities to a PSC-approved questionnaire circulated among utilities last year, the PSC staff found that only two-thirds of hydrants are inspected every year and stressed that all hydrants should be inspected annually. PSC staff members reported that 11% of hydrants statewide are older than 50 years, the age at which the staff determined hydrants should be replaced.
Just 68% of utilities regularly flow test hydrants, something staff members said should be performed on all hydrants.
CLICK HERE to follow the ÂÒÂ×ÄÚÉä Gazette-Mail and receive
