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Town of Banff Bylaw 157-2, the Water System Bylaw
Page 1 of 24
TOWN OF BANFF
BYLAW 157-2
Being a Bylaw in the Town of Banff, in the Province of Alberta, to Maintain a
Water System for the Town of Banff
WHEREAS the Municipal Government Act, RSA 2000, Chapter M-26 authorizes a council
to pass bylaws for municipal purposes respecting public utilities; and
WHEREAS the Town of Banff maintains a Water System for the Town of Banff:
NOW THEREFORE the Council of the Town of Banff, in the Province of Alberta,
duly assembled, ENACTS AS FOLLOWS:
1.0 CITATION
1.1
This bylaw may be cited as the Water System Bylaw.
2.0 INTERPRETATION
2.1
In this bylaw, any reference to a named act is a reference to an Act of the Legislature
of Alberta, as amended from time to time.
2.2
Where this bylaw refers to design and/or construction techniques, said techniques
shall be in conformance with the Town of Banff Engineering Design Standards.
3.0 DEFINITIONS
3.1
"Approved Tester" means a Person who meets the specific technical requirements to
test backflow prevention devices, such as a Cross Connection Control Tester
Certificate issued by the American Water Works Association, or approved equivalent.
3.2
"Bleeder" means a valve connected to Water Service or the internal house plumbing
which allows for continuous flow of water to prevent the water from freezing.
3.3
"Business" means the following, whether or not for profit and however organized or
formed, including a co-operative or association of persons:
(a)
a commercial, merchandising or industrial activity or undertaking;
(b)
a profession, trade, occupation, calling or employment, or
(c)
an activity providing goods or services.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 2 of 24
3.4
"Curb Stop" means a water service shut-off valve in a water service connection pipe
located between the water main and the building, used to shut off or turn on the water
supply from the water distribution system to the Premises. Usually located close to the
curb or Property Line near the utility right-of-way. Also referred to as a "stop cock",
"shut-off valve", or "service valve".
3.5
"Development Permit" has the same meaning as in the Town of Banff Land Use
Bylaw.
3.6
"Environmentally Inappropriate" means a use or flow of water that results in a
quantity of water wastage:
(a)
soaking into the ground,
(b)
entering the Town's domestic sewer or storm sewer system, or
(c)
escaping in any manner from the property upon which the use:
i.
or flow of water originates; and
ii.
in excess of the quantity required for a necessary or desirable domestic,
commercial, industrial or public purpose.
3.7
"Lot" means a parcel or part of a parcel described in a certificate of title or lease.
3.8
"Owner" means:
(a)
In respect of unpatented land, the Crown,
(b)
In respect of other land the Person who is registered under the Land Titles Act
as the Owner of the fee simple real estate in the land,
(c)
A Person who is the lessee of Crown land and that Person's successors and
assigns, and
(d)
In respect of any property other than land, the actual Owner, occupant,
operator or Person in lawful possession of the property.
3.9
"Peace Officer" means the following employees of the Town while that person is in
the exercise or discharge of their power or duties:
(a)
a Bylaw Enforcement Officer appointed by the Town pursuant to the Municipal
Government Act;
(b)
a Community Peace Officer appointed pursuant to the Peace Officers Act;
(c)
a member of the Royal Canadian Mounted Police, and
(d)
a park warden appointed under the National Parks Act of Canada.
.
3.10
"Person" includes a corporation and the heirs, executors, administrators or other legal
representative of a person "Premises" means land and buildings on the land.
3.11
"Property Line" means the legal surveyed boundary of a property.
3.12
"Remedial Order" means a written order issued pursuant to Section 545 of the
Municipal Government Act.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 3 of 24
3.13
"Town" means the Corporation of the Town of Banff and, where the context requires,
the land included within the boundaries of the Town of Banff.
3.14
"Town Manager" means a Person appointed as Chief Administrative Officer by Town
Council, or the Person designated by the Town Manager to carry out a particular duty.
3.15
"Town Notice of Offence" means any ticket or tag in a form approved by the Town,
authorized under the Provincial Offenses Procedures Act, issued for any offence in which a
penalty may be paid out of court in lieu of appearing to answer a summons.
3.16
"Water Meter Chamber" means any exterior chamber or pit approved by the Town
Manager for the purpose of containing a water meter and related appurtenances.
3.17
"Water Meter Setting" means the section of the Water Service that includes the meter
and shut-off valves on both sides of the meter.
3.18
"Water Service" means the water line and appurtenances from the Curb Stop to the
building or Premises.
3.19
"Water System" shall mean the infrastructure for providing water services that is
owned and operated by the Town.
4.0 RESPONSIBILITY AND AUTHORITY
4.1
The Town Manager shall:
(a)
have charge of all the various properties and works required for the supply of
the Town and its inhabitants with water, and of the inspection of all buildings
and Premises supplied with water; and
(b)
be responsible for obtaining all licenses, permits and approvals required for
the Water System including all required easements, rights of way and pipeline
and railway crossing authorizations.
4.2
The Town Manager shall be responsible for the maintenance of the Water System.
4.3
Where a Water Service is continued or initiated pursuant to this bylaw, the Town
Manager shall supply water to an Owner's Water Service to the Curb Stop of the Lot.
4.4
When a Water Service is continued or initiated pursuant to this bylaw, the Owner shall
be responsible for:
(a)
providing a connection from the Curb Stop to the Owner's building or
Premises;
(b)
ensuring that the connection is in compliance with this bylaw;
(c)
ensuring that the connection and the remainder of the Water Service comply
with the Safety Codes Act and any regulations passed pursuant to that Act, and
Town of Banff Engineering Design Standards;
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 4 of 24
(d)
ensuring that any permits, inspections or approvals required pursuant to the
Alberta Safety Codes Act, regulations passed pursuant to that Act, any bylaw or
any other applicable legislation have been conducted or obtained and are valid
and subsisting, prior to connection to the Water System; and
(e)
ensuring that such a connection does not interfere with the operation of the
Water System.
4.5
The Owner shall be responsible for all costs resulting from blockage, breakage,
damage, and/or failure of the Water Service.
4.6
The Owner shall be responsible for all costs resulting from a freezing of the Water
Service if the freezing is not a result of an interruption in the supply of water through
the water main.
4.7
Except as provided in this section, the Owner shall be responsible for the condition
of the Curb Stop cap, stem and telescoping box. No Owner shall bend or allow to be
bent, a cap, or bury or allow to buried, a cap with earth, rock, asphalt or concrete. The
actual costs incurred by the Town for the purposes of locating, excavating, cutting and
joining and all other work done to straighten the rod and stem or to raise or lower the
curb box to match existing grade shall be pro-rated between the Town and the Owner
based upon the number of years each party has been responsible for the said
infrastructure. The Town shall be responsible for the percentage of the actual costs
equal to the period of time from January 1, 1990, to July 7, 2010, relative to the total
period of time from January 1, 1990, until the date that the locating and other related
work on the Curb Stop cap, stem and telescoping box are carried out. The Owner
shall be responsible for the remaining percentage of the actual costs so incurred,
regardless of any change in ownership from July 7, 2010, to the date thereafter upon
which the work to locate the Curb Stop cap and related infrastructure is carried
out. Once a Curb Stop by which Water Service is provided to a Lot is located and the
underground valve confirmed to be in working order, the Owner shall thereafter have
full responsibility for repairs and maintenance of the Curb Stop cap, stem and
telescoping box. The Owner must provide complete and unobstructed access to the
Curb Stop.
4.8
In all cases where boilers are supplied with water from the Water System, the Owner
of the boilers must see that a safety valve, vacuum valve or other proper device is
applied to prevent danger from collapse or explosion when the water is shut off from
the street.
4.9
If the Owner refuses or fails to maintain, repair or replace a Water Service as required
by this Bylaw, then the Town may:
(a)
turn off the water supply until the repairs have been made to stop the water
loss;
(b)
estimate the volume of water loss and demand payment from the Owner for
that amount of water estimated to have been lost, which payment shall be due
and payable upon such demand being made; and
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 5 of 24
(c)
authorize employees or agents of the Town to enter upon the land to conduct
the required repairs or replacements, the cost of which shall be payable by the
Owner to the Town upon demand for such payment.
4.10
The Town Manager is authorized to shut off water to any Owner in accordance with
any relevant section of this bylaw provided that notice is given when practical.
4.11
The supply to any Person who has had their water shut off for any reason cited in this
bylaw, shall not be restored until such time as the problem has been corrected to the
satisfaction of the Town Manager and a reinstatement fee, if applicable, has been paid.
4.12
In the event of an emergency the Town Manager may shut off a Water Service without
prior notice.
4.13
Subject to the approval of Council, the Town Manager may enter into an agreement
to supply water to an Owner outside the Town limits.
4.14
The Town shall not be liable for damages or loss suffered by anyone due to the
operation of the Water System, unless shown to be directly due to the gross negligence
of the Town or its employees, and without limiting the generality of the foregoing,
shall not be liable for damages or loss:
(a)
for the settlement of any excavation or trench made for the installation or
repair of any part of the Water System, or any damage or loss resulting from
such settlement;
(b)
caused by the break of any water main, Water Service connection or other pipe;
(c)
caused by the disruption of any supply of water from the Water System when
such disruption is necessary in connection with the repair or maintenance of
the Water System;
(d)
caused by the disruption or cutting off of the water supply in the event of an
emergency; and
(e)
for non-supply of water, whether it be caused by water stoppage, frozen mains,
breakdown of machinery, power interruptions, other mechanical failures or
malfunction, or other causes.
4.15
The Town shall not be responsible for any damage to buildings or property occasioned
by or in the course of the installation, maintenance, repair or disconnection of any
water meter provided that such damage has not been directly caused by the negligence
of the Town or its employees.
4.16
The Town does not guarantee water pressure, continuous supply or direction of water
flow. The Town reserves the right at any and all times, without notice, to change the
operating pressure, to shut off water or to change the direction of flow. Neither the
Town, its officers, employees, nor agents shall be liable for any damage, or other loss,
caused by changes in water pressure, shutting off the water, change in direction of
flow, or by reason of the water containing sediments, deposits, or other foreign matter.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 6 of 24
4.17
In the event of the construction or renovation of a building or a change of use,
intensification of use or demolition on a property which requires a Development
Permit under the Town of Banff Land Use Bylaw, the Owner shall provide sufficient
details to the Town Manager of the existing Water Services to the property, to the
satisfaction of the Town Manager. In the event the Town Manager determines, in their
sole discretion, that there are no existing Water Services, the existing services
do not comply with the Town of Banff Engineering Design Standards, the
existing Water Services are not designed or sufficient to manage the proposed
development or the existing Water Services are in a state of disrepair, the Owner shall,
at their own cost:
(a)
Install a new Water Service designed to manage the proposed
development in accordance with the Town of Banff Engineering Design
Standards; or,
(b)
Modify or repair or replace the existing Water Service to the
satisfaction of the Town Manager.
4.18
A property shall be considered serviced once one connection has been made to
the Water System. Any subsequent installation of connections requested or
necessitated by the demolition, excavation, renovation or other works on the
property shall be paid for in their entirety by the Owner.
5.0
ACCESS TO PROPERTY FOR THE PURPOSES OF WATER SERVICE
5.1
As a condition of the Water Service and as operational needs dictate, employees of the
Town shall have free access to all parts of a property, building or other Premises in
which water is delivered and consumed, at reasonable hours of the day and upon
reasonable notice for the purpose of installation, maintenance, repair, and removal of
the Water Service;
(a)
installation, reading, maintenance, repair and removal of water meter or other
parts of the Water Service;
(b)
inspection of cross connection control devices or other equipment and works
associated with the Water System and Water Service; and
(c)
inspections for compliance with this bylaw.
5.2
No Person shall hinder, interrupt or cause to be hindered any employee of the Town
or its contractors, servants and agents or workers, in the exercise of any of the powers
or duties relating to the Water System as authorized or required in this bylaw.
5.3
In the event that a Person fails or refuses to provide access pursuant to section 5.1,
the supply of water to those Premises may be shut off upon fourteen (14) days' notice.
5.4
A fee may be charged, as set by the Town Manager from time to time, where a Town
employee or agent is required to make an additional visit or visits to a Lot or Premises
for any of the following reasons:
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 7 of 24
(a)
where an Owner refuses access to a Lot or Premises for a Town employee or
agent to install, repair, replace, inspect, test or read a water meter or any other
equipment;
(b)
where a Town employee attends a Lot for a scheduled appointment to perform
any of the functions in section 5.1, and the Owner is not present to provide
access to the Lot; and
(c)
where a Town employee attends a Lot to perform any of the functions set out
in section 5.1 and is unable to proceed based on unsafe conditions or the
inadequacy of access to the Lot.
6.0
WATER SERVICE CONNECTIONS AND DISCONNECTIONS
6.1
Prior to connecting a new Water Service or relocating, replacing, altering or
disconnecting an existing Water Service connection to the Water System, an Owner
must apply to the Town Manager not less than ten (10) business days before the
Water Service is required. The Owner or their authorized agent shall submit a
utilities water service request form provided by the Town for that purpose together
with a fee as specified in Town of Banff Fees and Charges Bylaw. The Owner shall
not proceed with a connection, relocation, replacement, alternation or disconnection
until the utilities water service request is approved by the Town Manager.
6.2
The utilities water service request form shall be supplemented by any plans,
specification, or any other information considered pertinent in the judgment of the
Town. Plans must be reviewed by the Town of Banff engineering department.
6.3
Prior to connecting, altering or disconnecting a Water Service from the Water
System, an Owner shall provide a deposit as specified in the Town of Banff Fees and
Charges Bylaw, refundable upon the Water Service connection meeting the
satisfaction of the Town Manager. The Water Service line shall be left uncovered
until it has been inspected and approved. If no inspection was completed before the
line was covered, the Town shall demand re-excavation for inspection at the cost of
the Owner.
6.4
The Town Manager may at any time specify the required position or require the
relocation, at the Owner's expense, of any water meter, cross connection control
device, pipe, valve, or fitting forming part of the Water System.
6.5
Unless hereinafter provided, no permit for the demolition or removal of a building
shall be issued by the Town, nor shall any Person cause, permit or allow to be
demolished or removed a building connected to the Water System, until application
is made to the Town to terminate the Water Service connection, the Town has been
paid the termination costs provided for in the Town of Banff Fees and Charges
Bylaw, and the Water Service has been disconnected. Notwithstanding the
foregoing, the Town Manager may, in circumstances which he considers appropriate,
permit the Water Service to remain connected to the water main.
6.6
The Owner or their authorized agent shall provide the Town Manager with a site
plan on which the size and location of the required Water Service are shown.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 8 of 24
6.7
If an Owner applies for installation of a Water Service to a property which does not
abut a water main, the Town may refuse the application or approve the application
with conditions.
6.8
No extension of water mains shall be constructed without authorization from the
Town.
6.9
The Water Service shall be run from the water main to the property in the shortest
way possible.
6.10
When any Lot can be served from the street, avenue or lane, the Town Manager may
decide whether the Lot will be serviced with water from the street, avenue or lane.
6.11
Unless otherwise provided for in this bylaw, only one Water Service connection per
Lot shall be permitted.
6.12
For Lots other than single family residential Lots, the Town Manager may authorize
more than one Water Service connection.
6.13
The expenses of installing any Water Service connection to a subdivided Lot, or
portions of the same, shall be borne by the Owner.
6.14
A Lot shall be considered serviced once a connection has been made from the Water
System to the Curb Stop, and this connection has met with the approval of the
Town Manager. A Water Service is considered live when connected to the Premises.
Any further installations requested or necessitated by the demolition, excavation,
renovations or other works shall be paid for in their entirety by the Owner.
6.15
The size of the Water Service shall be in accordance with provincial regulations and
Town of Banff Engineering Design Standards.
6.16
All Premises shall be serviced by a maximum of one service pipe of size sufficient, in
the opinion of the Town Manager, to deliver an adequate supply of water. Where an
application is made for a larger service pipe, or change in the location of an existing
service pipe, a new service pipe will be installed at the cost of the Owner.
6.17
A separate Water Service pipe to be used for fire purposes only may be constructed
by the Owner and at the Owner's cost from the water main to their Premises.
Should the said Water Service pipe not be maintained as required, the same may be
disconnected by order of the Town Manager.
6.18
Water Service connections shall not cross Property Lines between adjacent private
properties except by legally registered easement plans and agreements.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 9 of 24
6.19
There shall be placed, on each Water Service pipe, a Curb Stop at or near the
Property Line, within Town right of way or utility easement, for the purpose of
turning the water supply on or off. Over the Curb Stop there shall be placed a
metallic valve box of design approved by the Town. Curb Stops shall be kept clear of
all obstruction so that ready access may be had to same to shut off the water when
the occasion arises.
6.20
An inside main shut-off valve shall be located immediately inside the outer wall of
the Premises and before the water meter.
6.21
Every Owner shall ensure:
(a)
that all shut-off valves on the Premises are maintained in good mechanical
condition; and
(b)
that all shut-off valves are easily accessible at all times to ensure that such
valves are operable in case of emergency.
6.22
No Person shall in any way utilize or interfere with a Curb Stop or valve of the
Water System without permission of the Town Manager. Whenever water supply
has been turned off at a Curb Stop, no Person shall turn it on again unless
authorized to do so by the Town Manager.
6.23
Persons requiring a continuous and uninterrupted supply, constant pressure or
temperature of water, or having processes or equipment that require particularly clear
or pure water shall, at their own cost, provide such facilities as required to meet the
water quality objectives, provided such facilities are approved by the Town and do
not interfere with the operation of the Water System.
6.24
All Water Service terminations will be carried out at the main unless otherwise
determined by the Town Manager.
7.0
TEMPORARY CONNECTIONS AND DISCONNECTIONS
7.1
Application for temporary Water Service shall be made in writing to the Town
Manager not less than ten (10) working days before the Water Service is required. If,
in the opinion of the Town Manager, a water meter should be installed on the
temporary Water Service, the applicant shall provide a safe and adequate location for
the water meter and shall be responsible for the payment for the use of water as set
out in the Town of Banff Fees and Charges Bylaw.
7.2
Any Owner requesting a temporary disconnect for water shall provide a minimum of
two (2) working days' notice to the Town and shall pay a Water Service fee for such
disconnection and a further Water Service charge for the reconnection, both in the
amounts set out in the Town of Banff Fees and Charges Bylaw of this bylaw.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 10 of 24
8.0
ALTERNATE SOURCES OF WATER
8.1
No Person shall use any source of water to supply water to any residential, commercial,
industrial, or institutional Premises through a plumbing system, other than the Water
System, without written consent of the Town Manager.
8.2
The Town Manager may authorize the use of an alternative source of water subject to
such terms and conditions the Town Manager deems necessary, and notwithstanding
the generality of the foregoing, they may set a limit on the period of time for which an
alternative supply of water may be used.
8.3
No Person who has been granted permission by the Town Manager to use an
alternative source of water shall allow that alternate source of water, or any pipes or
devices connected to such alternate water source, to be connected to the Water
System.
8.4
The Town shall not be responsible for the quality of water obtained from any alternate
source of water.
8.5
Unless authorized by the Town Manager in writing, no Person shall provide or supply
water from one Premises, by pipe or hose or other means either with or without
charge, to any other Premises which could be supplied with water through its own
Water Service connection.
8.6
No Person shall sell or distribute piped water unless specifically licensed to do so by
the Town, unless the sale or distribution of water is by a landlord to a tenant or by a
condo corporation to a member and the charge to the tenant does not exceed the
amount charged by the Town.
9.0
CROSS CONNECTIONS
9.1
No Person shall cause, permit, or allow to remain connected to the Water System any
piping, fixture, fitting, container, or other appliance which may cause water from a
source other than the Water System, or any other harmful deleterious liquid or
substance, to enter the Water System.
9.2
Where the Town Manager believes that a cross connection exists in contravention of
section 9.1 the Town Manager may carry out an inspection:
(a)
upon reasonable notice to the Owner; or
(b)
without notice where the Town Manager believes that an immediate threat of
contamination to the Water System exists.
9.3
Where the Town Manager determines that there exists a cross connection, the Town
shall give notice to the Owner to correct it at their own expense within a specific time
period.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 11 of 24
9.4
Where the Town Manager determines that a cross connection continues to exist in
contravention to section 9.3, the Town Manager may cut off the Water Service to that
Lot or Premises with reasonable notice, and where the Town Manager believes that
such cross connection poses an immediate threat of contamination of the Water
System, he may cut off such Water Service without notice.
10.0 CROSS CONNECTION CONTROL DEVICES
10.1
The Town Manager may, at their discretion, require the installation of a cross
connection control device on any Water Service.
10.2
The design, selection, installation, maintenance and field testing of cross connection
control devices shall comply with the National Plumbing Code of Canada as amended
from time to time.
10.3
In the event that the National Plumbing Code of Canada does not clearly indicate the
method of cross connection control, the method to be used to protect the potable
water supply shall be as specified by the Town Manager.
10.4
All cross connection control devices shall be installed so they are easily accessible for
testing and maintenance.
10.5
No bypass, jumper, or other device shall be installed which may reduce the efficiency
of or circumvent any cross connection control device.
10.6
An air gap separation shall be used wherever practicable, and in preference to any
other method of cross connection control.
10.7
An air gap separation shall be mandatory and may be in addition to a cross connection
control device on the Water Service pipe on sewage handling piping or equipment,
non-potable water systems, and where any lethal substances or conditions may exist.
10.8
Every Owner shall, at their own expense, have any testable cross connection control
devices tested by an Approved Tester as required by the National Plumbing Code of
Canada.
10.9
Where a device fails a test referred to in section 10.8, the Owner shall have the device
repaired or replaced and re-tested within five (5) business days.
10.10 Every Owner shall retain test report records on-site and available to the Town
Manager upon request.
10.11 As a condition of Water Service, the Town Manager may issue an order to an Owner
requiring the installation, testing, or repair of a device and that order may specify a
date and time by which the Owner must comply with the terms of the order.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 12 of 24
10.12 Where an Owner fails to comply with an order issued by the Town Manager pursuant
to subsection 9.11, the Town Manager may shut off the Water Service or services until
the situation has been remedied.
11.0
FIRE HYDRANTS
11.1
Unless authorized by the Town Manager in accordance with this bylaw, no Person
shall:
(a)
open or close any hydrant or hydrant valve;
(b)
connect any device of any kind to a hydrant, including a pipe, hose, fixture or
appliance; or
(c)
use water from a hydrant, regardless of whether that hydrant is located on
private or public property, for any purpose other than fire protection.
11.2
The Town Manager may authorize Town employees or other persons to use hydrants
for the purposes of temporary water supply, street cleaning, flushing sewers, street
repairs, or any other purpose that meets the approval of the Town Manager.
11.3
The Town may authorize the use of a hydrant for the supply of water upon receipt of
a hydrant use permit form provided by the Town for that purpose together with a fee
as specified in the Town of Banff Fees and Charges Bylaw.
11.4
Charges for water to be used in construction activities will be in accordance with the
rates as shown in the Town of Banff Fees and Charges Bylaw and are payable as
determined by the Town Manager.
11.5
The Town Manager may, as a condition for the use of fire hydrants and the use of
water from fire hydrants, require that the water pass through a water meter and cross
connection control device prior to use.
11.6
If a water meter is used pursuant to section 10.5, the Person who has received
authorization to use a hydrant shall obtain a portable water meter and pay the metered
rate for the water used as specified in the Town of Banff Fees and Charges Bylaw. In
no case is the water meter to be left connected to the hydrant when it is not in use.
11.7
A Person who has received authorization to use a hydrant shall provide a refundable
damage deposit in accordance with the Town of Banff Fees and Charges Bylaw, abide
by all provisions in this bylaw and ones specified in the Hydrant Use Permit, use only
the hydrants listed on the permit, dispense water only through the hydrant meter and
cross connection control device provided for that purpose, open and close hydrants
with a key approved by the Town, replace all hydrant caps and otherwise return the
hydrant to its existing condition, report immediately to the Town any damaged or
malfunctioning hydrants, properly use the hydrant meter, return the meter, and pay
for the volume of water used in accordance with the Town of Banff Fees and Charges
Bylaw, prior to the expiration date listed on the permit.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 13 of 24
11.8
No Owner or occupant of a Lot shall allow the access to a hydrant located on or
adjacent to that Lot or Premises to be obstructed in any manner, including the building
or erection of any structure or the accumulation of any building material, rubbish,
snow, or other obstruction.
11.9
No Owner or occupant of a Lot or Premises shall allow anything on the Lot to
interfere with the operation of a hydrant located on or adjacent to that Lot.
11.10 All persons who own property on which a fire hydrant is located or own property
which is adjacent to Town owned property on which a fire hydrant is located:
(a)
shall maintain a 2 m clearance on each side of a fire hydrant and a 1 m clearance
on the side of a fire hydrant farthest from the nearest adjacent street;
(b)
shall not permit anything to be constructed, erected, or placed within the
clearance provided in paragraph (a) of this subsection; and
(c)
shall not permit anything except grass to be planted within the clearance area
set out in subsection (a).
11.11 Any Person who wishes to have a Town-owned fire hydrant relocated may request in
writing to the Town Manager that the hydrant be relocated. If approved, the Person
making the request shall pay in advance the estimated cost determined by the Town
Manager, subject to a refund or additional payment, depending upon the actual cost
when the work has been completed.
11.12 The Town may require that a fire hydrant be installed on private property at the
expense of the Owner of the property. Fire hydrants located on private property must
be approved, installed, used and maintained in accordance with the Alberta Fire Code
and all municipal bylaws.
11.13 Any privately owned hydrant shall not be removed or otherwise made unserviceable
without the written authorization of the Town Manager.
11.14 The Town Manager shall be notified immediately when any privately owned hydrant
is determined to be in a condition that would render it unusable for firefighting
purposes.
11.15 If the Owner fails or refuses to maintain, repair or replace a hydrant located on private
property as required by this bylaw, then the Town may:
(a)
turn off the water supply until the repairs have been made to stop the water
loss;
(b)
estimate the volume of water loss and demand payment from the Owner for
that amount of water estimated to have been lost which payment shall be due
and payable upon such demand being made; and,
(c)
authorize employees or agents of the Town to enter upon the lot to conduct
the required repairs or replacements, the cost of which shall be payable by the
Owner to the Town upon demand for such payment.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 14 of 24
11.16 No Owner or Occupant of a Lot on which a private fire hydrant is situated shall paint
such hydrant or allow such hydrant to be painted any colour except the approved
colour as set out by the Town.
12.0 WATER WASTAGE
12.1 No Owner or Occupant of a Lot shall do or allow any act that results in an
Environmentally Inappropriate use or flow of municipal water.
12.2 Notwithstanding section 12.1, the Town Manager may authorize in writing the
discharge of potable water onto a street or sidewalk for the purpose of:
(a)
health and safety;
(b)
the installation and maintenance of infrastructure, including the flushing of
water mains, hydrant leads and Water Service connections;
(c)
preventing the freezing of water mains, hydrant leads and Water Service
connections;
(d)
conducting water flow tests;
(e)
installation and testing of permanently installed irrigation systems;
(f)
training programs for fire fighters employed by the Town; and
(g)
other purposes as deemed necessary by the Town Manager.
12.3 The Town Manager may at any time make orders restricting the use of water either
throughout the Town or in any particular areas of the Town. The order may specify
that such restricted use of water shall apply during such hours of any day of the week
as may be specified in the order.
13.0 FREEZE PROTECTION
13.1
The Owner shall be responsible for all costs resulting from a freezing of the Water
Service if the freezing is not a result of an interruption in the supply of water through
the water main.
13.2
If required, Water Services shall be insulated in accordance with the Town of Banff
Engineering Design Standards.
13.3
The Owner, at their own expense, may install a freeze protection device. Freeze
protection devices or methods shall be installed or employed in accordance with the
Town of Banff Engineering Design Standards and with approval of the Town
Manager. The Owner will be responsible and shall be liable for any damage which
may result from the improper or negligent operation and maintenance of the freeze
protection device.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 15 of 24
13.4
Free flow Bleeders shall be:
(a)
located on the Owner side of the water meter, unless authorized in writing by
the Town Manager;
(b)
sized not to pass more than 1.5 litres per minute of water;
(c)
indirectly connected to a waste pipe in a manner approved by the Town
Manager; and
(d)
open and accessible for maintenance.
13.5
The use of temporary free flow Bleeders during new building construction may be
authorized by the Town Manager until such time as the permanent freeze protection
device is installed and operating.
13.6
Persons renovating or doing alterations to buildings cannot disconnect a freeze
protection device and put in a free flow Bleeder, unless authorized in writing by the
Town Manager.
13.7
With the written approval of the Town Manager, the use of free flow Bleeders under
emergency conditions may be authorized.
13.8
Any existing free flow Bleeder which passes more than 1.5 litres per minute shall be
corrected within fourteen (14) days after the Owner receives notice from the Town
Manager. After receiving notice, should the required modifications not be completed,
the Town Manager may cause the water supply to be shut off.
13.9
Any thermostatically controlled Bleeder that has been altered, bypassed or modified in
any way shall be corrected within fourteen (14) days after the Owner receives notice
from the Town Manager. After receiving notice, should the required modifications
not be completed, the Town Manager may cause the water supply to be shut off.
14.0 INTERFERENCE WITH WATER SYSTEM
14.1
No Person shall:
(a)
damage, destroy, remove or interfere in any way with any pipe, pipe
connection, valve, or other appurtenance forming part of the Water System;
(b)
interfere in any way or cause any interference with the use of the Water System
by another Owner, and shall not attach any device to any water pipe which
may create noise, a pressure surge, back-flow or contamination of the Water
System;
(c)
use any boosting device on any Water Service unless the use of the boosting
device has been approved by the Town Manager and the device is located on
the downstream side of a water meter or inside main shut-off valve;
(d)
install branch supply lines, outlets or fixtures on the upstream side of a water
meter or master control valve, except for the fire protection purposes
approved by the Town Manager;
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 16 of 24
(e)
install branch supply lines, outlets or fixtures on the upstream side of a
Premises isolating cross connection control device;
(f)
cause, permit, or allow any apparatus, fitting or fixture to be or to remain
connected to the Water System or allow the Water System to be operated in
such a manner as to extract or add heat, cause noise, pressure surges, or other
disturbances which result in annoyance or damage to other consumers of the
utility;
(g)
tamper with, break or remove any seal, lock-out device or lock-out tag installed
by the Town on any valves or flanged outlets on Water Service connections or
water meters; and
(h)
attach or connect any pipe to any other pipe or main of the Water System or
in any other way obtain or use any water thereof without consent of the Town
Manager.
14.2
No Person, except those authorized in writing by the Town Manager, shall enter into
any utility structure whether underground or above ground or any utility compound
whether fenced or not.
14.3
The Town may provide consent to a Person for the operation of a specific valve when
the Person requires such consent to fulfil an agreement to construct or reconstruct
any portion of a water main.
14.4
No Person shall, or direct any Person to, deposit any injurious, noxious or offensive
matter or water contaminant into the water or water utility or in any way foul the water
or commit any contamination to the water or water utility.
14.5
No Person shall, without authority, hinder, disrupt, or cut off the supply of water to
any consumer of the Water System.
15.0 WATER METERS
15.1
Except where otherwise provided in this bylaw, all water supplied pursuant to this
bylaw shall be measured by a water meter including a remote reading device, of a
design and capacity approved by the Town Manager. Such water meters shall be
installed in respect to any and all accounts as provided for in this bylaw.
15.2
The following Water Services shall not require connection to a water meter:
(a)
fire service connections which are not used for any other purpose; and
(b)
such other connections as approved by the Town Manager.
15.3
If the Town Manager becomes aware of any use or flow of water that is not measured
by a water meter of a design and capacity approved by the Town Manager and that
does not fall within a specified exception to the general requirements of water metering
as set forth in section 15.2, the Town Manager may take all necessary steps to stop
that use or flow of water until:
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 17 of 24
(a)
an application for water supply has been made by the Owner in accordance
with the provisions of this bylaw; and
(b)
a water meter has been installed pursuant to the provisions of this bylaw.
15.4
The Town may charge for and recover from the Owner of a Premises the cost of
supplying, installing, relocating or replacing a water meter.
15.5
The Owner of every building shall make provision of a location acceptable to the
Town together with all required plumbing for the installation of a water meter.
15.6
Notwithstanding the payment of any costs, all water meters shall remain the property
of the Town.
15.7
As a condition of Water Service, the Town Manager may:
(a)
determine the size, type and number of water meters to be supplied and
installed in a Premises;
(b)
determine the location that the water meters are to be installed;
(c)
inspect an installation to ensure it meets approved specifications and require
an Owner to remedy any deficiencies;
(d)
in the case of installation of two or more water meters, require their installation
adjacent to each other and as close as possible to the master control valve or
place where the Water Service connection enters the building; and
(e)
require a water meter to be either tested on site or removed for testing by the
Town.
15.8
Where a meter cannot conveniently be placed inside a building, it shall be placed in a
Water Meter Chamber, the location and construction of which shall be discussed with
the Owner or occupant of the Premises and shall be constructed in a manner approved
by the Town Manager at the cost of the Owner.
15.9
Water Meter Chambers shall be kept in good repair by the Owner. If an Owner, after
receiving notice from the Town Manager, neglects to repair or improve their Water
Meter Chamber, then the Town Manager shall cause the necessary repairs to be made
and the Owner shall be liable for the cost of such repairs.
15.10 No Person shall allow water to be turned on until the water meter installation is
approved by the Town Manager.
15.11 Should a water meter or remote reading device, while on the property of the Owner,
be damaged or destroyed, the cost of repairing or replacing the water meter shall be
paid by the Owner. All water meters, regardless of size, shall be sealed by the Town.
15.12 An Owner may install a subsidiary water meter, at their own expense, on the
downstream side of the Town water meter. The Owner shall identify the subsidiary
water meter, and the Town shall not use readings from it to calculate billings.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 18 of 24
15.13 Where building alterations require the removal and re-installation of the remote
reading device the Owner shall obtain approval from the Town for the removal and
re-installation and shall pay all costs associated with same.
15.14 An Owner shall ensure, at their expense, that:
(a)
every Water Service entering the building has a horizontal Water Meter Setting
and that the piping extends not less than 30cm beyond the wall or floor of the
building immediately before the water meter position;
(b)
the Water Meter Setting is positioned as close as possible to the point where
the Water Service enters the building and has a safe and convenient access;
and
(c)
the Water Meter Setting is constructed in accordance with the Town of Banff
Engineering Design Standards.
15.15 No Person shall:
(a)
tamper in any way with a water meter or remote-reading device; or
(b)
open a by-pass valve on a water meter or metering installation except in the
case of an emergency.
15.16 Every Owner shall:
(a)
be responsible for the safe-keeping of any water meter and any remote reading
device that is installed on their Premises;
(b)
notify the Town Manager immediately whenever a water meter is not
operating, if any part of a water meter becomes damaged or broken or if the
seal on a by-pass valve or a water meter is broken; and
(c)
pay the cost of repairing or replacing any water meter or metering facilities
supplied and installed by the Town that may be damaged from any action
within the control of the Owner.
15.17 Where the Town determines that seals on valves, water meters or other appurtenances
have been broken and not reported, the Town shall, in addition to any other penalty,
estimate the quantity of water consumed or obtained, and charge the Owner rates in
accordance with the Town of Banff Fees and Charges Bylaw.
15.18 Every Owner may request that a water meter be tested for accuracy, and the cost of
any such test shall be at the expense of the Town if the water meter is found to be
inaccurate in excess of 3% of actual flow and such test shall be at the Owner's expense
if the water meter is found to be accurate within 3% of actual flow.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 19 of 24
15.19 The Owner of a commercial or industrial building constructed after this bylaw comes
into force or for which a building permit is issued after this bylaw comes into force,
and who has installed a water meter of a size 50mm or larger shall, at their own
expense, provide a valve bypass and a valve within 300mm on either side of the water
meter. The bypass valve shall be sealed by the Town and shall be opened only in case
of emergencies. The Town Manager shall be notified within twenty-four (24) hours
of the seal being broken.
16.0
READING OF WATER METERS
16.1 The Town Manager may:
(a)
require a water meter to be read;
(b)
determine the frequency at which water meters shall be read;
(c)
shut-off the water supply to an Owner who refuses to provide a water meter
reading within three months of a request to provide such water meter readings;
and
(d)
estimate a water meter reading.
16.1
A water meter reading may be estimated by the Town Manager based on either
previous consumption patterns or a daily average consumption for the Premises, if:
(a)
the Town is unable to obtain a water meter reading;
(b)
a water meter fails to properly register the amount of water consumed; or
(c)
water supplied through a water meter has not, for any reason whatsoever,
registered on the water meter.
16.2 If an Owner experiences abnormal water consumption, the Town Manager may adjust
the Owner's bill taking into consideration any or all of the following factors:
(a)
whether the Owner is a residential or general Water Service Owner;
(b)
the cause or nature of the abnormal water consumption;
(c)
any evidence of action taken by the Owner to abate the abnormal
consumption; and
(d)
any other factors the Town Manager deems relevant.
16.3 In the event of a difference in reading between the remote register and the water meter,
the water meter shall be deemed correct.
17.0
WATER ACCOUNTS
17.1
Once a property has been serviced in accordance with this bylaw, an Owner shall open
an account prior to the Town supplying water.
17.2
Where a development and/or building permit has been issued by the Town, each
Owner must ensure an account is open and shall state in detail all purposes for which
water is required.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 20 of 24
17.3
Any Person who receives water supply from the Town is liable to the Town for all
charges associated with that supply of water.
18.0
RATES
18.1
All Owners shall pay for their water consumption as recorded by the water meter,
calculated in accordance with the Town of Banff Fees and Charges Bylaw, and shall
pay all other applicable charges levied pursuant to this bylaw. All accounts for Water
Service shall be due and payable when rendered.
18.2
No reduction in rates will be made in the monthly charge for water supplied to or
made available for use by any Owner because of any interruption due to any cause
whatsoever of the Water Supply.
18.3
If buildings require two or more municipal water meters, the Owner shall be billed
separately for water use through each water meter.
18.4
The Town shall adjust the Owner's account to reflect errors.
18.5
The Town Manager may establish a system for the billing and collecting of the rates,
charges, and fees and in connection with the Water Service including but not limited
to charges for any work done or service or material supplied for the construction,
installation, connection, disconnection or replacement of any part of the Water
System.
18.6
Where water is supplied by the Town through a water meter to an Owner outside the
Town:
(a)
that Owner shall pay to the Town the rates approved in accordance with the
Town of Banff Fees and Charges Bylaw. In default of payment of the rates set
out in the Town of Banff Fees and Charges Bylaw to this bylaw or any amount
due and payable to the Town for anything done, or any amounts payable,
pursuant to this bylaw, the Town Manager may enforce the collection of such
rates or payments by shutting off the water being supplied to the Owner, or
by action in any court of competent jurisdiction, or both; and
(b)
when at any time the Water Service is shut off for non-payment of accounts,
a Water Service charge for reconnection as set out in the Town of Banff Fees
and Charges Bylaw will be charged when the water supply is restarted. Water
Service will not be restarted until the arrears and any applicable charges and
fees are paid.
18.7
Overdue charges may be collected by adding the overdue charges to the tax roll for
the property.
18.8
Accounts shall be deemed to be sufficiently forwarded if they are left on the property
or if they are mailed by ordinary mail to the Owner at the mailing address of the
Owner.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 21 of 24
18.9
Where any Water Service charge is designated by reference to an hourly, daily or weekly
rate, the charge for a lesser period of time shall be calculated on a proportional basis.
19.0 VIOLATIONS AND ENFORCEMENT
19.1
Any Person who contravenes the provisions of this bylaw or the terms of any permit
issued pursuant to this bylaw is guilty of an offence and is liable for the penalty set out
in Schedule A or, if no penalty is specified in Schedule A for the particular offence,
for the penalty in accordance with section 19.13 of this bylaw.
19.2
For the purposes of this bylaw, an act or omission by a lessee is deemed also to be an
act or omission of the Owner of the real property on which the offence occurred.
19.3
When a Business commits an offence under this bylaw, every principal, director,
manager, employee or agent of the Business who authorized the act or omission that
constitutes the offence or assented to or acquiesced or participated in the act or
omission that constitutes the offence is guilty of the offence whether or not the
Business has been prosecuted for the offence.
19.4
In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of each day, or part of a day, on which it continues and a
Person guilty of such an offence is liable to a fine in an amount not less than that
established by this bylaw for each such day.
19.5
When a Person is alleged to have contravened any provision of this bylaw, or the terms
of any permit issued pursuant to this bylaw a Peace Officer may issue a Town Notice
of Offence which shall state:
(a)
The nature of the offence;
(b)
The penalty payable in connection with the offence; and
(c)
The time period within which the penalty must be paid.
19.6
A Town Notice of Offence shall be deemed to be sufficiently served for the purposes
of this bylaw if
(a)
served personally on the accused; or
(b)
mailed by registered post to the address of the registered Owner of the
property concerned, or to the Person concerned.
19.7
Nothing in this bylaw shall prevent any Peace Officer from issuing a ticket requiring a
court appearance of the defendant, pursuant to the provisions of the Provincial Offences
Procedure Act or from laying an information in lieu of issuing a Town Notice of Offence.
19.8
In lieu of prosecution, the Person named in the Town Notice of Offence may elect
voluntarily to make payment to the Town of the penalty amount specified in the Town
Notice of Offence.
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 22 of 24
19.9
If the payment specified in the Town Notice of Offence is not paid in accordance with
the terms of the ticket and in the time required by the ticket, a prosecution may then
be commenced for the alleged contravention of this bylaw.
19.10 Any Person violating any of the provisions of this bylaw shall become liable to the
Town for any expense, loss or damage occasioned to the Town by reason of such
violation.
19.11 Upon the failure by any Person to comply with the provisions of this bylaw, the Town
may proceed in accordance with the Municipal Government Act and perform any
corrective measures required. All costs incurred may be recovered from the Person
specified in the Town Notice of Offence and shall be deemed a debt due to the Town
by the Person specified in the Town Notice of Offence. Debts due may be charged
against the property concerned as a special lien to be recovered in like manner as
property taxes.
19.12 If, in the opinion of the Town Manager, a contravention of this bylaw requires
immediate action, the Town may perform any work necessary to address the
contravention of this bylaw without prior notice and all costs incurred by the Town
will be payable by the Person alleged to have contravened this bylaw.
19.13 Except as otherwise provided in this bylaw, a Person who is guilty of an offence under
this bylaw for which a penalty is not otherwise provided shall, upon summary
conviction before a court of competent jurisdiction, be liable to a fine of not less than
One Hundred Dollars ($100.00) and not more than Two Thousand Five Hundred
Dollars ($2,500.00) or in the event of non-payment of the fine, imprisonment for a
period not exceeding ninety (90) days unless such fine is sooner paid.
19.14 Notwithstanding section 19.13, the imposition of a fine either by issuance of a Town
Notice of Offence or by summary conviction in court shall not relieve any Person so
fined from any liability to pay to the Town any expenses arising from any damage
caused by that Person to Town property.
20.0 REMEDIAL ORDERS
20.1
The Town Manager, or their delegate, is hereby authorized to issue Remedial Orders
pursuant to Section 545 of the Municipal Government Act relating to any contravention
of or the enforcement of this bylaw.
20.2
If the Town Manager finds that a Person is contravening this Bylaw, the Town
Manager may issue a Remedial Order to that Person. The Remedial Order may:
(a)
Direct the Person to cease the offending actions,
(b)
direct the Person to alter the actions which are contributing to the
contravention;
(c)
direct that the Person to take any action or measures necessary to remedy the
contravention of this Bylaw;
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 23 of 24
(d)
state a time within the Person must comply with the Town Manager's
directions and provide proof of compliance to the Town Manager; and
(e)
state that if the Person does not comply with the directions within a specified
time, the Town may take the action or measure at the expense of the Owner.
20.3
A Person who receives a Remedial Order pursuant to this Bylaw may, by written
notice, request Council to review the Remedial Order within 14 days after the date the
order is received in accordance with Sections 547(1)(a) of the Municipal Government Act.
20.4
In accordance with Section 547(2) of the Municipal Government Act, after reviewing the
Remedial Order, Council may confirm, vary, substitute, or cancel the order.
21.0 REPEAL
21.1
Bylaw 157-1, the Banff Water System Bylaw, is hereby repealed.
22.0 ENACTMENT/TRANSITION
22.1
If any clause in this bylaw is found to be invalid, it shall be severed from the remainder
of the bylaw and shall not invalidate the whole bylaw.
22.2
Schedule A forms part of this bylaw.
22.3
This bylaw comes into force when it receives third reading and is signed by the Mayor
and Town Manager or designates.
READ A FIRST TIME this 9th day of May, 2022.
READ A SECOND TIME this 9th day of May, 2022.
READ A THIRD TIME this 9th day of May, 2022.
SIGNED AND PASSED this 9th day of May, 2022.
On Original
Corrie DiManno
Mayor
On Original
Kelly Gibson
Town Manager
Town of Banff Bylaw 157-2, the Water System Bylaw
Page 24 of 24
Section
Description
Amount
5.2
Hinder, interrupt or cause to be hindered any employee of the Town or its
contractors, servants and agents or workers, in the exercise of any of the powers
or duties relating to the Water System as authorized or required in this bylaw.
$1,000
6.1
Connect a new Water Service or relocate, replace, alter or disconnect an existing
Water Service connection to the Water System without approval.
$1,000
6.22
Utilize or interfere with a Curb Stop or valve of the Water System
$250
8.1
Use any source of water to supply water to any residential, commercial, industrial
or institutional Premises through a Plumbing System, other than the Water
System.
$1,000
8.5
Supply water from one Premises, by pipe or hose or other means either with or
without charge, to any other Premises which could be supplied with water
through its own Water Service Connection.
$250
8.6
Sell or distribute piped water unless specifically licensed to do so by the Town,
unless the sale or distribution of water is by a landlord to a tenant or by a condo
corporation to a member and that the charge to the tenant does not exceed the
amount charged by the Town.
$500
10.8
Fail to have any testable cross connection control devices tested by an Approved
Tester as required by the National Plumbing Code of Canada.
$250
10.9
Fail to have a cross connection control device repaired or replaced and re-tested
within 5 business days.
10.10
Fail to retain test report records on-site and available to the Town Manager upon
request.
$250
11.1
Use a fire hydrant without authorization.
$500
11.8/11.9/
11.10
Obstruct, interfere with or fail to provide access to a fire hydrant.
$100
11.13
Remove or make unserviceable a privately owned hydrant.
$500
11.14
Fail to notify Town if privately owned hydrant is unusable.
$500
11.16
Paint a hydrant or allow a hydrant to be painted any colour except the approved
colour as set out by the Town.
$250
12.1
Allow Environmentally Inappropriate use of flow of municipal water.
$100
12.3
Contravene an order restricting the use of water either throughout the Town or
in any particular areas of the Town.
$100
14.1
Interfere with Water System.
$2,500
14.2
Enter into any utility structure.
$2,500
14.5
Hinder, disrupt or cut of supply of water to any consumer.
$250
15.1
Allow use of water from the Town of Banff Water System that is not measure by
a water meter.
$250
15.10
Allow water to be turned on before meter installation is approved.
$250
15.13
Fail to obtain approval for removal and re-installation of remote reading device.
$250
15.15
Tamper with or open a remote reading device.
$500
17.2
Fail to open a water account upon issue of a development and/or building
permit.
$250
Schedule A - SPECIFIED PENALTIES