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Ordinance No. 02-31 CITY OF TIGARD, OREGON ORDINANCE NO. 02-,�1 AN ORDINANCE AMENDING CHAPTER 12.10 WATER SYSTEMS RULES AND REGULATIONS OF THE TIGARD MUNICIPAL CODE WHEREAS, Chapter 12.10 of the Tigard Municipal Code establishes the rules and regulations for the Water system; and WHERAS, there are code sections relating to operational procedures and practices which no longer apply that need to be deleted; and WHEREAS, changes are needed to Chapter 12.10 of the TMC to clarify roles and responsibilities of water customers; and WHEREAS,code provisions need to align with current business practices that have evolved over time. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Coucil does hereby amend Chapter 12.10 of the Tigard Municipal Code as shown in the attached Exhibit"A". SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. PASSED: By l,lt 10a'I I fy� vote of all Council members present after being read by number and title only, this2�day of 2002. Catherine Wheatley, City Re rder APPROVED: By Tigard City Council this day of -Q - %�, ,2002. dAA A,4 At 1� Ja es E. GrR ,Ma o Approved as to form: i" City Attorney Date ORDINANCE No. 02- Page 1 Exhibit A TIGARD MUNICIPAL CODE Chapter 12.10 WATER SYSTEM RULES 12.10.300 Findings And Declaration Of A AND REGULATIONS. Water Emergency. 12.10.310 Levels Of Prohibition. Sections: 12.10.320 Enforcement. 12.10.330 Penalties. 12.10.010 Application For Service. 12.10.340 Water Shut-Off. 12.10.020 Use Of Water. 12.10.350 Definition. 12.10.030 Service Size. 12.10.040 Separate Connection. 12.10.010 Application For Service. 12.10.045 Master Metering 12.10.050 Furnishing Water. No service will be supplied or water 12.10.060 Private Service Pipes. furnished to any premises without customer first 12.10.070 Credit For Water Leaks. requesting service with the City. e*eept ttpen 12.10.080 Jurisdiction. 12.10.090 Waste-Plumbing-Inspection. (9fd. 93-34) 12.10.100 Physical Connections With Other Water Supplies Or 12.10.020 Use Of Water. Systems. 12.10.110 Cross Connection Control Water will be furnished for ordinary Program. domestic, business and community purposes, and 12.10.120 Payment-Delinquency. fire protection only. No water will be furnished (Repealed By Ord.96-02). for the direct operation of steam boilers, 12.10.130 Water Rates. machinery or golf courses, except on an 12.10.140 Discontinuance Of Service. interruptible basis, and the City will assume no 12.10.150 Interrupted Service-Changes responsibility therein. (Ord. 93-34) In Pressure. 12.10.160 Service Connection 12.10.030 Service Size. Maintenance. 12.10.170 Main Extensions. AStafiderdSe vVith 5/9L-* 12.10.180 Limitation On The Use Of 34' meter-, will be-installea�� ,e Water. 12.10.190 Temporary Or Transient Service. 12.10.200 Construction Water. ret ie—seiyiees. The—siize—of metershall � 12.10.210 Meter Out-Of-Order-Test. detefmined by the City ffianagefiient. The Gity 12.10.220 Fire Hydrants. shall pfesefibe the f+ufnber- of: buildings to be 12.10.230 Fire Hydrant-Temporary Use. ser-,Led—€rem ene fiictef afid stteh detefmiiiatiaii 12.10.240 Illegal Use Of Fire Hydrant Or shall be fiiial No eustoFflei-sh shall Meter. any Family,business, institution, of pfemises ethef 12.10.250 Amendments-Special Rules- , Contracts. 12.10.260 Grievances. etisteffief to supply othefs thfough eustenier's 12.10.270 The Public Works Director And etion in hieh event stieh ettsteffie Authorized Representatives. 12.10.280 Power To Grant Variances. €'er eeeh additienal etisterner se supplied. Sieh 12-10-1 SE/Code Update: 12101 TIGARD MUNICIPAL CODE peffflit may be revoked and sepafate sem'iee Upon the application for new water service, and payment of all charges. the City will install a service connection and meter of such size and location as approved by the Public Works Department. Meter and water service piping shall be sized as using the fixture count method as described in the State of Oregon Uniform Plumbing Code. The minimum size of any meter, which connects to the city water system, shall be five-eigths/three-fourths inch. In new subdivisions, the City may allow the installation of water mains, valves, hydrants and water services by the developer as a part of improvements,as described in this chapter. 12-10-2 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.040 Separate Connection. areas not now served by the City will be made at the expense of those persons requesting service. A separate service connection will be Such extensions will be made by the City or by required for each dwelling, apartment or motel, those expressly authorized by the City. All place of business, and institution. All outlying applications for line extensions to provide new buildings and premises used as a part of such service are subject to review by the City Council. dwelling place or business or institution may be Consideration will be given to the City's ability to served from such connection, as well as all serve and to eligibility for annexation to the City buildings on such premises operated under the one of the property to be served. The City may management. City shall prescribe the number of contract with other governmental entities for the buildings to be served from one meter and such provision of water. The terms of service will be determination shall be final. No ettsteme f Shall defined by agreement and consistent with the business, insfitetien terms of this Chapter. (Ord. 93-34) other- thaft these eeetipied by that 12.10.060 Wivate Serviee Pipes. Service Pipe Standard and thfatigh ettsteffief's sefviee eafifteefien in whieh Maintenance. (Ord. 93 34) E)fdef by the eustemef. Pipes must be laid 24 inehes deep,pr-evided with a step andwaste valve- 12.10.045 Master Metering. kind f .,t be so leeated, .,1.af:e,7 afld installed .. The City may permit the master metering of net te—interfere with of endanger the meter. All more than one water service. The owner shall . designate the person who will be responsible for 93334) the payment of all water charges and will accent Service pipes of all sizes, within or without service of all water related notices. If any the premises, whether for domestic, commercial, payment is not made in full when due, the Citv or fire protection purposes, must be materials, may terminate service even if partial payment is quality, class, and size as specified by the state tendered by other occupants of the premises. plumbing code or regulations of the City. The service pipe within the premises and 12.10.050 Furnishing Water. throughout its entire length to the water meter or to the property line if the water meter is set behind The City shall not be obligated to furnish and the property line. must be kept in repair and install, at its expense, system facilities for all protected from freezing at the expense of the property within the City. The City shall, so far as customer, lessee. or agent, who shall be reasonable and practicable and within its financial responsible for all damages resulting from leaks means, however, provide adequate source of or breaks. supply, necessary primary feeder mains, storage 12.10.070 Credit For Water Leaks. facilities and other improvements necessary to make water service generally available to all areas When a water leak occurs on the customer's within the City. Extensions to furnish water to side of the water meter resulting in an unusually 12-10-3 SE/Code Update: 12101 TIGARD MUNICIPAL CODE high water bill, customers may apply for a credit. building permit and where pressures may become The credit is limited to the difference between the high on 5/8" x 3/4" and I" meters, a pressure average wholesale cost of water multiplied by the regulator may be installed at the meter by the City number of water units estimated to have leaked, to control varying pressures. (On meters 1 1/2" and the tidal amount of the water bill less normal and larger, customer is responsible for installing a usage. The average wholesale cost of water is the pressure regulator.) The City will not be per unit average cost of water as established by responsible for damage from varying pressures. the Intergovernmental Water Board at the The Public Works Director or authorized person beginning of each fiscal year. The application to may inspect pipes and plumbing at proper times. the City for the credit must be in writing and must (Ord. 93-34) include proof of the leak being fixed within 10 days of discovery of the leak. 12.10.100 Physical Connections With Other Water Supplies Or Any applications for credits greater than this Systems. code section allows will be considered by the Intergovernmental Water Board. (Ord. 96-39; Neither cross connections nor physical Ord- 96-0?; Ord 93-34) connections of any kind shall he made to any other water supply, whether private or public, 12.10.080 Jurisdiction of Water System. without the written consent and approval of the City Council, and the written approval of the All etiefts eters fflainsand Oregon State Board of Health. (Included in this category are all pipe lines, appurtenances and exeept the pipes beyend the ffietef, are the facilities of the City system and all pipes, appurtenances, pumps, tanks, storage reservoirs, eefitfol NE) person eche f than the D..h'". "'efks- facilities, equipment, appliances, etc., of other r.:..eete_ or ..thef:i; ed pefsaft shall install any systems whether located within or on public or sef-,4ee, fflake any extension, Wfn the wpAef eft e private property, or the premises of a water off, er—athefwise tamper- inteffere .,�e customer.) ter of the systeffi. (Ofd. 93 3 n The operation and repair of the City's water The City's Public Works Director or other system, including wipes, valves, pumps. authorized representative shall have the right, at reservoirs, fixtures, etc. is the complete all reasonable times, to enter upon private responsibility of the City's Public Works property to inspect the premises of customers for Department No plumber contractor. or other physical connections with other water supplies. person will be allowed to connect to or operate However, before entering upon private property, anypart of the City's water system up to and the Public Works Director or other authorized including the water meter. representative shall obtain the consent of an 12.10.090 Waste-Plumbing-Inspection. occupant or a warrant of the Municipal Court authorizing entry for the purpose of inspection. Water will not be furnished to premises Any such connection shall be removed by the where it is allowed to run or waste to prevent customer within ten days after written notice to freezing or through defective plumbing or remove is given by the City. If not removed otherwise. Plumbing should be of high test and within the time specified, the City may remove or first class and in conformance with the discontinue any connection which it may have for appropriate codes of the jurisdiction issuing the servicing the property. 12-10-4 SE/Code Update: 12101 TIGARD MUNICIPAL CODE Rules,Ch. 333-61.070). No search warrant shall be issued until an affidavit has been filed with the Municipal Court C. It shall be the objective of the City to showing probable cause for the inspection by protect the potable water system from stating the purpose and extent of the proposed contamination or pollution due to cross inspection citing this Chapter as the basis for the connections. Water service to any premises shall inspection whether it is an inspection instituted by be contingent upon the customer providing cross complaint or other specific or general information connection control in a manner approved by the concerning physical connections with water City. Backflow devices required to be installed supply systems violations. shall be a model approved by the Oregon State Health Division. No person shall interfere with or attempt to prevent the Public Works Director or other D. Authorized employees of the City with authorized representative from entering upon proper identification shall have free access at private premises and inspecting the property when reasonable hours of the day to those parts of a an emergency exists or the Public Works Director premise or within buildings to which water is or authorized representative exhibits a warrant supplied. Water service may be refused or authorizing entry. (Ord. 93-34) terminated to any premise for failure to allow necessary inspections. 12.10.110 Cross Connection Control Program. E. These requirements must be strictly observed as a matter of public health and to The purpose of this section is to protect the prevent any possible contamination of the water water supply of the City from contamination or system. (Ord. 93-34) pollution from potential cross connections; and to assure that approved backflow devices are tested 12.10.120 Payment-Delinquency. annually as follows: (Repealed by Ord.96-02). A. The installation or maintenance of any (Repealed by Ord. 96-02, Ord. 96-02; Ord. 93-34) cross connection which would endanger the water supply of the City is prohibited. Any such cross 12.10.130 Water Rates. connection now existing or hereafter installed is hereby declared unlawful and shall be rectified as All rates, fees and charges shall be set by directed by the City or its authorized resolution of the Tigard City Council. (Ofd. 9-3- representative(s). 34) B. The control or elimination of cross 12.10.140 Temporary Discontinuance Of connections shall be in accordance with the Service. regulations of Oregon State Health Division. The TemporaQ� iscontinuance of service for 30 policies, procedures, and criteria for determining days or more will occur without charge appropriate levels of protection shall be in upeft when the customer notifies the City of date accordance with the Accepted Procedure and of intent. time period of discontinuance Practice in Cross Connection Control Manual, appheatiefl, without ehafg , and provided all bills Amer. Water Works Association, Pacific are paid. (Ord. 93-34) Northwest Section, current edition (OR Admin. 12-10-5 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.150 Interrupted Service-Changes and supefvisien, and 9-0,; In Pressure. esrrn ti ffl to st th a tegethe with eh 18%-, , , The water may be shut off at any time for for- eh faEtift extetisietis : „a, repairs or other necessary work with or without notice. Conditions may cause a variation of the B. Designed by Others, histalled by t4e pressure. The City will not be responsible for any damage caused by interruption of service or varying pressure. When service is interrupted, hot When design of SUF11,t—ft -Of water faucets should be kept closed to prevent installation of impr- ements is per-fiHmed by backflow of hot water or steam. (Ord. 93-34) , subjeet to ap __1 City, and installed by the City, a shall hp, psid 12.10.160 Service Connection of 10° of adfflinistfafien, inspeetions, ,atef lass, Maintenance. ° The City will maintain all standard service 12-4, shall be dep sitted the City when connections in good repair without expense to the customers. Each customer is required to use reasonable care and diligence to protect the water E. Designed and Installed by Others. meter and meter box from loss or damage by freezing, hot water, traffic hazards, and other When design or supervision of causes, in default of which, such customer shall installation of improvements is performed by pay to the City the firll amount of the resulting licensed engineers, and installation is performed damage. and paid for by others, subject to approval by the City, a fee in accordance with the Fees and Each customer is required to maintain Charges Schedule shall be imposed. vegetation and other obstruction free zone of a minimum of two feet around the meter box. Clear . access to the meter shall be from the street side in a direct path to the water meter. Failure to Size of such extensions, type of pipe, maintain the area will result in City personnel location, gate valves, fixtures, fire hydrants and clearing the area to meet the City's meter reading other fittings shall be under City specifications and maintenance needs. Customer will be and subject to City approval, and such mains shall charged d any related expenses of the Ci1y in be laid from the end of the existing main to the far clearing the area. City shall have no liability for end of the property to be served. No lines or trimming or maintaining vegetation in order to laterals shall be laid until the estimated cost read meters. (Ord. 93-34) thereof, as hereinabove set forth, shall have been deposited with the City. All such extensions of 12.10.170 Main Extensions. mains and laterals, and installation of fire hydrants shall be the sole property of the City,without right A. Designed and installed by the C4t�- of immediate refund on the part of the person or persons paying for such extension or on the part "ll ,..,t,..,sief.s e f maifi„ and i t,..als ,. of any person or persons whomsoever. No "...1 iiistalled by the City,, shall be paid- extension of main will be permitted, accepted or ° served by the City unless such line be at least a 6- 12-10-6 SE/Code Update: 12101 TIGARD MUNICIPAL CODE inch diameter pipe. Short extensions, such as cul- de-sacs, can be of small diameter upon approval of the City. When a person is required to pay the cost of extending a water main adjacent to property other than that person's own so that water service for domestic use is provided for such other property without further extension of the water main, the City shall require the owner of the other property, prior to providing water service to that property, to refund to the person required to pay the cost of extending the water main, a pro rate portion of the cost of extension. The right to require such refund shall not continue for more than 10 years after the date of installation of the extension of the water main. The amount to be refunded shall be determined by the City and such determination shall be final. Each construction contractor shall be approved by the City's Public Works Director prior to installing pipe lines, pumps, etc. Those installations made by private contractors will be thoroughly inspected and approved by the City to ensure compliance with plans and specifications. Back-filling of trenches prior to City approval is unauthorized. If water main extension is necessary to serve an existing single family dwelling and the main size required by the City is larger than a 6" The expense of the installation across the front of their property, plus the cost of the meter will be with the developer or owner requesting the extension. The developer or owner requesting the construction project shall be liable for any added cost due to design difficulties. Applicant(s) will agree to be bound by and comply with the City's main extension policy and rules and regulations and any subsequent revisions or amendments to same which may be made from time to time. (Ord. 93-34) 12-10-7 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.180 Limitation On The Use Of 12.10.210 Meter Out-of-Order-Test. Water. If a meter shall fail to measure accurately, the A. Limitation on the use of water as to bill shall be the average for the same periods in hours,purpose, or manner may be prescribed from prior years. Tests will be made periodically time to time by order of the Public Works without charge to the customer. A customer may Director, based on a finding that the limitation is demand a test upon payment of a charge for such reasonable given the available and projected water test. The rates, fees and charges for this test shall supply and demand. Any order under this section be set by resolution of the City Council. (Ord. 93- shall be reviewed by City Council at its next 34) session following issuance of the order. The City Council may affirm,withdraw or amend the order. i240.220 Fire Hydim B. The Public Works Director, the City ity —Fife hydrants ,N,ill be iiistalled by the G or the City Council may call for voluntary reductions in water use, including, but estimated eest ef the hydrant, fittinlgs, not limited to, voluntary rotational watering plans. installation,plus 1001%for overhead- (Ord. 01-15 §1, Ord. 93-34) 12.10.190 Temporary Or Transient 12.10.230 Fire Hydrant-Temporary Use. Service. Any person who desires to use a fire hydrant Temporary or transient service for for temporary water supply mast obtain construction work will be rendered upon deposit permission of the City. The charge for temporary in advance of connection charge and one month's use shall be set by resolution of the City Council. estimated water bill, and payment on the first of Customer is responsible for repair and/or each month of all accrued charges. Upon replacement of damaged meter. (Ord. 93-34) discontinuance of service, refund will be made for all connection materials usable by the City at their 12.10.240 Illegal Use Of Fire Hydrant Or depreciated value, less the cost of removal and all Meter. charges due. No temporary service shall be installed for any residence or building where The peiialty fef eentieefieft Connection to a permanent service connection may later be fire hydrant or meter without proper authority is a installed. (Ord. 93-34) $100 fkie` Class 1 civil infraction. (Ord. 93-34) 12.10.200 Construction Water. 12.10.250 Amendments- Special Rules- Contracts. Rates, fees and charges for water used via a permanent meter installation for construction The City may at any time amend, change or purposes shall be set by resolution of the City modify any rule, rate or charge, or make any Council. The charges shall be billed at special rule, rate or contract, and all water service completion of construction, but shall not exceed a is subject to such power. (Ord. 93-34) period of 6 months, unless authorized by the City. (Ord. 93-34) 12-10-8 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 12.10.260 Grievances. failure or any other event, the City Council may declare a water emergency and require that water Any grievance as to service or complaints usage must be curtailed. The declaration shall shall be made to the Public Works Director, who include the effective date, the reason for the shall attempt to resolve the problem. Any declaration and the level of prohibition declared. unresolved grievances as to service or complaints The City Council may include an estimated time shalt be reported and will be considered by the for review or revocation of the declaration. (Ord. Intergovernmental Water Board at the Board's 01-15 §2) next meeting. (Ord. 93-34) 12.10.310 Levels Of Prohibition. 12.10.270 The Public Works Director And Authorized Representatives. A. Level I — Limited. The following activities or actions are prohibited under a Level I The Public Works Director or an authorized declaration: representative are not authorized to make any changes in these rules, rates, or regulations. (Ord. 1. Watering, sprinkling or irrigating 93-34) lawn, grass or turf; exceptions: 12.10.280 Power To Grant Variances. (a) New lawn, grass or turf that has been seeded or sodded 90 A. Except when prohibited by subsection B days prior to declaration of a of this section, upon application, the water shortage may be watered Intergovernmental Water Board may grant as necessary until established; variances from the water system rules and regulations enacted by the City of Tigard when it (b) High-use athletic fields that finds that: 1) strict application of the rules and are used for organized play; regulations create undue economic hardship for the applicant with no significant benefit to the (c) If the Level I declaration so water system; 2) the variance requested has no provides, a mandatory material adverse effect upon the water system and rotational watering plan may it is consistent with established policies of the be imposed rather than an Tigard City Council. absolute prohibition on watering. B. The Intergovernmental Water Board may not grant variances relating to annexation of 2. Watering, sprinkling or irrigating property, fire protection requirements, cross- flowers, plants, shrubbery, ground connection requirements, fees, rates and charges. cover, crops, vegetation or trees (Ord. 93-34) except from 6:00 p.m.to 10:00 a.m. 12.10.300 Findings and Declaration of a 3. Washing, wetting down or Water Emergency. sweeping with water, sidewalks, walkways, driveways, parking lots, Upon finding that the municipal water supply open ground or other hard surfaced is incapable of providing an adequate water areas; exceptions: supply for normal usage due to a drought, system 12-10-9 SE/Code Update: 12101 TIGARD MUNICIPAL CODE (a) Where there is a and streams, unless the water is demonstratable need in order recirculated through the decorative to meet public health and water feature. Water features that safety requirements, such as: do not include continuous or to alleviate immediate fire or constant inflowing water are not sanitation hazards; for dust included. control to meet air quality requirements mandated by the 6. Wasting water by leaving Oregon Department of unattended hoses running. Environmental Quality; 7. Water line testing and flushing in (b) Power washing of buildings, connection with construction roofs and homes prior to projects; exception: painting, repair, remodeling or reconstruction, and not solely (a) Testing and flushing of critical for aesthetic purposes. water facilities. 4. Washing trucks, cars, trailers, 8. Other actions that the City Council tractors and other land vehicles or determines should be restricted, boats or other water-borne vehicles, consistent with a Level I situation, except by commercial including any restriction or establishments or fleet washing curtailment imposed on the City by facilities which recycle or reuse the water suppliers or applicable law, water in their washing processes or regulation or order. by bucket and hose with a shut-off mechanism; exception: B. Level II — Moderate. The following activities or actions are prohibited under (a) Where the health, safety and a Level II declaration: welfare of the public is contingent upon frequent 1. Actions and activities prohibited in vehicle cleaning, such as: to a Level I situation. clean garbage trucks and vehicles that transport food 2. Watering of any lawn, grass or turf, and other perishables, or regardless of age or usage. otherwise required by law. Owners/operators of these 3. Watering, sprinkling or irrigating vehicles are encouraged to flowers, plants, shrubbery, utilize establishments that groundcover, crops, vegetation or recycle or reuse the water in trees. their washing process. 4. Washing of vehicles other than in 5. Cleaning, filling or maintaining establishments that recycle. decorative water features,natural or manmade, including, but not 5. Power washing of buildings, limited to, fountains, lakes, ponds regardless of purpose, is prohibited. 12-10-10 SE/Code Update: 12101 TIGARD MUNICIPAL CODE 6. Any additional actions that the City 12.10.330 Penalties. Council determines should be restricted consistent with a Level I1 A. First Violation—Warning letter. situation. B. Second Violation of the same type — C. Level III — Severe. In addition to the Class 3 infraction $50. restrictions imposed under Level I and Level Il, the City Council may impose C. Third violation of the same type—Class any other restriction on water use or 2 infraction$100. activities that may require the need for water supplies, consistent with the City D. Fourth and subsequent violations of the water supply contracts. Activities that same type — Class 1 infraction $250. may require the need for water supplies (Ord. 01-15 §5) include fireworks displays and other events that create a risk of fire. In 12.10.340 Water Shut-Off. imposing a Level III restriction, the City Council shall consider any restriction After the third violation of a curtailment recommended by the Public Works restriction, the Public Works Director may order Director or by any Fire District serving that the water service to the location where the the City. (Ord. 01-15 §3) violation has occurred shall be shut-off or reduced. A shut-off notice shall be posted on the 12.10.320 Enforcement. property at least 48 hours prior to the scheduled shut-off or reduction. The shut-off notice shall A. Warning. The City shall send a letter of specify the reasons for the shut-off or reduction. warning for each violation of a Any person wishing to avoid a shut-off must curtailment restriction if no previous provide the Public Works Director with evidence letter of warning has been sent to the that the shut-off will create a health or safety risk. person responsible for the violation. All shut-offs imposed under this section shall be The letter of warning shall specify the temporary, not to exceed thirty (30) days, violation, may require compliance provided the applicable charges are paid prior to measures and shall be served upon the reconnection. The reconnection charge and, if person responsible for the violation. applicable, the meter disconnection charge Service may be in person, by office or imposed under Section 12.03.030 shall be paid substitute service or by certified or before the reconnection. (Ord. 0 1-15 §6) registered mail,return receipt requested. 12.10.350 Definition. B. Civil Infraction. After the person responsible for the violation has As used in Sections 12.10.180 through received a warning letter, any 12.10.350: subsequent violation shall be treated as a civil infraction under Chapter 1.16. "Rotational watering plan" means a plan for (Ord. 01-15 §4) watering lawns and/or gardens on specific days or at specific times and not on other days or times. A rotational watering plan may be voluntary or mandatory. (Ord. 01-15 §7) ■ 12-10-11 SE/Code Update: 12101