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"CROSS CONNECTION CONTROL BYLAW 2018 NO. 7249"
Consolidated Version
2019-MAR-04
Includes Amendment: 7249.01
Bylaw No. 7249 - Consolidated Version
Page 2
City of Nanaimo
BYLAW NO. 7249
A BYLAW RESPECTING CROSS CONNECTION CONTROL
WHEREAS the Council of the City of Nanaimo may by bylaw operate and maintain a
Municipal Water System Cross Connection Control Program.
THEREFORE BE IT RESOLVED that the Council of the City of Nanaimo in open
meeting assembled, hereby ENACTS AS FOLLOWS:
1.
Title
This Bylaw may be cited as "Cross Connection Control Bylaw 2018 No. 7249"
2.
Definitions
2.1
In this Bylaw:
"Approved Backflow Prevention
Assembly"
means a backflow preventer that is designed to be
tested and repaired in-line and to meet the design and
testing criteria requirements of the CSA standards
B64 Series (most current editions) or a device that is
designed as part of a water meter and approved by
the Director of Engineering and Public Works;
"Authorized Agent"
includes a Person representing the City of Nanaimo
by written consent;
"Auxiliary Water Supply"
means any water available on or to a premises
originating from a source or system, other than that
from the City of Nanaimo Waterworks System;
"Backflow"
means the reverse direction from normal direction of
flow of water or Used Water, as a result of back-
siphonage or backpressure;
"Backflow Assembly Test Report" means a form provided by or approved for use by the
City of Nanaimo to be used when testing an approved
backflow prevention assembly to record all pertinent
information and test data;
Bylaw No. 7249 - Consolidated Version
Page 3
"Backflow Assembly Tester"
means a person holding a valid certificate from the
American Water Works Association, British Columbia
Section for testing backflow prevention assemblies
and approved by Director of Engineering and Public
Works;
Backflow Preventer"
means a mechanical apparatus installed in a water
system that prevents backflow of contaminants into
the potable water system and to meet the design and
installation criteria requirements of the CAN/CSA
standards B64 Series most current editions, or a
device that is designed as part of a water meter and
approved by the City of Nanaimo;
"Cross Connection"
means any actual or potential physical connection
whereby the potable water system is or would be
connected, directly or indirectly, with any non- potable
or unapproved private water supply system, sewer,
drain, conduit, well, pool, storage reservoir, plumbing
fixture, or any other device which contains, or may
contain, non-potable or contaminated water, liquid,
gases, sewage, or other waste, of unknown or unsafe
quality which may be capable of imparting a pollutant
or contaminant into the potable water system as a
result of backflow;
"CSA"
is the abbreviation for the Canadian Standards
Association;
Director of Engineering and
Public Works"
means the person duly appointed as such from time
to time by Council or pursuant to duly delegated
authority and includes any person appointed or
designated by the Director of Engineering and Public
Works to act on his or her behalf;
"Discontinue"
means to terminate the arrangement between the City
of Nanaimo and the Owner for the supply of water and
to Shut Off the service, disconnect, or remove it;
Bylaw No. 7249 - Consolidated Version
Page 4
"Hydrant or Temporary Use
Permit"
means the approval process and documents issued
by the City of Nanaimo for any Person requesting
water from a fire hydrant, stand pipe, or temporary
water connection for purposes other than emergency
fire protection;
"Inspect"
means an on-site review by the City of Nanaimo of the
premises water use, meters,
piping, equipment,
operating conditions and maintenance records for the
purpose of evaluating conformity with the terms and
conditions of this Bylaw;
"Non-potable water"
means water that does not meet Health Canada's
Guidelines for Canadian Drinking Water Quality;
"Non-potable water system"
means an assembly of pipes, fittings, valves, and
appurtenance that collects and distributes non-
potable water;
"Occupant"
means any person who is the lessee or occupier of any
premises to which water is supplied from the City of
Nanaimo Waterworks System;
"Owner"
means the registered owner, or the person named as
the registered owner on the tax roll by reason of
agreement for sales of any lands and premises to
whom the City of Nanaimo supplies water;
"Person"
shall, in addition to its ordinary meaning, include a firm
or partnership, company or corporation. In addition,
throughout this Bylaw where the context requires, the
singular shall be held to mean and to include the plural
and the masculine, the feminine or body corporate;
"Potable Water"
Means water that meets Health Canada's Guidelines
for Canadian Drinking Water Quality;
"Premises"
means any real property and buildings on it;
Bylaw No. 7249 - Consolidated Version
Page 5
"Premise Isolation"
means a Backflow Preventer for protection provided at
the entrance to a building or property;
"Private Water System"
means any privately owned pipe and fittings intended
for the delivery or distribution of water within Premises
or to a property;
"Service"
means the supply of water from the Waterworks
System to any person;
"Service Connection Point"
means the point of physical connection between the
Waterworks System and a Private Water System;
"Turn Off"
means to turn off the water supply by closing a City of
Nanaimo owned valve or curb stop or by any other
means approved by the City;
"Turn On"
means to allow the flow of water by opening a City of
Nanaimo owned valve or by any other means
approved by the City;
"Used Water"
means any Potable Water which is no longer in the
water distribution system including Potable Water that
has moved downstream or past the
Service
Connection Point (water meter) and/or the property
line to the Private Water System;
"Waterworks System"
means the water distribution system owned by City of
Nanaimo.
2.2
Standards referenced in this Bylaw shall be the most recent release of the
applicable standard in effect from time to time.
3.
Water Supply and Pressure
3.1
The City of Nanaimo does not
(a)
warrant or guarantee water pressure or the continuous supply of
water, or
(b)
accept responsibility at any time for the maintenance of pressure in
its water mains or for increases or decreases in pressure.
Bylaw No. 7249 - Consolidated Version
Page 6
3.2
The City of Nanaimo is authorized, without notice, to change operating
water pressure and to Turn Off the water supply for the purposes of making
repairs, extensions, alterations or improvements, or for any other reason.
3.3
The City of Nanaimo does not warrant or represent that the water in the
Waterworks System will not, from time to time, contain sediments, deposits,
or other foreign matter.
3.4
Where steam or hot water boilers or other equipment is fed with water by
pressure directly from the Waterworks System, the City of Nanaimo shall not
be liable for any injury or damage which may result from such pressure or
from lack of such pressure or any injury or damage resulting from the
improper installation of a Backflow Preventer.
4.
Inspection
4.1
Without limiting the right of entry of the City under section 16(6) of the
Community Charter, as a condition of Service to property the employees or
Authorized Agents of the City Public Works Department, and Bylaw
Enforcement Officers of the City of Nanaimo, are authorized, pursuant to and
subject to section 16 of the Community Charter to enter on property subject to
this Bylaw to:
4.1.1. access the private water system located on private property at all
reasonable hours in order to inspect the Premises to determine the
existence of conditions, connections or Cross Connections that
contravene this Bylaw.
4.1.2. Impose minimum standards that must be met and satisfied relating to
the type and method of Backflow prevention;
4.1.3. Inspect the type of Backflow Preventer, the installation and state of
maintenance and repair of same;
5.
Condition of Service
5.1
Service supplied by the City of Nanaimo to a Premises or property shall only
be provided where, in the opinion of the City of Nanaimo, the Waterworks System
has been and remains effectively protected from any actual or potential Cross
Connections existing at or within a Private Water System.
5.2
The City of Nanaimo shall not provide water nor Turn On a water valve to provide
Service to the occupants of any newly renovated, constructed or reconstructed
Premises until the Private Water System in such Premises has been protected
from Cross Connections and in conformance with the CSA B64.10 or has been
approved by the Director of Engineering and Public Works.
Bylaw No. 7249 - Consolidated Version
Page 7
6.
Cross Connection Prohibited
Subject to the provisions of this Bylaw:
6.1
No Person shall create a Cross Connection by connecting, causing to be
connected, or allowing to remain connected to the City of Nanaimo Waterworks
System, any device, piping, fixture, fitting, container, appliance or any other
chattel or thing which may under any circumstances allow non-potable water,
Used Water, wastewater or any chemical, liquid, gas or other substance to enter
the Waterworks System.
6.2
A person who creates an illegal Cross Connection shall be liable for all costs
associated with the work undertaken by the City or its agent to restore the
Waterworks System. (Bylaw 7249.01)
7.
Regulations
7.1
If the Director of Engineering and Public Works determines that the
configuration of any water connection creates a risk of contamination to the
Waterworks System, he or she may require the Owner or Occupant, at their
sole expense, to install or cause to be installed a Backflow Preventer on the
Private Water System where the Service Connection Point enters the building
and downstream of the water meter, or in another location approved by the
City of Nanaimo.
7.2
Where any condition is found to exist which the Director of Engineering and
Public Works determines may expose the Waterworks System to risk of
contamination, the Director of Engineering and Public Works is authorized to
take one or more of the following actions:
7.2.1. give notice to the Owner or Occupant to correct the condition or Cross
Connection(s) at the sole expense of the Owner or Occupant within 30
days or a specified time period as indicated in a notice issued by the
City of Nanaimo; or
7.2.2. Turn Off or Discontinue Service until the condition or Cross Connection
is corrected.
7.3
A Person to whom a notice under section 7.2.1 applies must eliminate or control
the condition or Cross Connection giving rise to the notice by installing a
Backflow Preventer, conforming to the CAN/CSA B64.10
7.4
Neither the failure to send or deliver a notice, nor the failure to receive a
notice, relieves an Owner or Occupant from the regulations or requirements
of this Bylaw.
7.5
Any Owner or Occupant whose Service has been Turned Off or Discontinued
pursuant to this Bylaw is not entitled to a restoration of Service until all
requirements of this Bylaw or an order or requirement under this Bylaw have
been met and the Owner or Occupant has paid to the City of Nanaimo all costs
Bylaw No. 7249 - Consolidated Version
Page 8
associated with the Turn Off / Turn On of Service.
8.
Testing, Maintenance and Repair of Backflow Prevention Assemblies
8.1
The Owner or Occupant or Backflow Assembly Tester, shall provide, to the City
of Nanaimo within thirty (30) days of initial installation, repair or relocation of an
Approved Backflow Prevention Assembly, a City of Nanaimo Backflow Assembly
Test Report, completed by a Backflow Assembly Tester confirming the following:
(Bylaw 7249.01)
8.1.1. the installation and test date of the Approved Backflow Prevention
Assembly;
8.1.2. the specific location of the Approved Backflow Prevention Assembly
and what Cross Connection or hazard it is intended to isolate;
8.1.3. the manufacturer, model, size and serial number of the Backflow
Preventer installed; and
8.1.4. that it is an Approved Backflow Prevention Assembly, installed
correctly and in proper operating condition.
8.2
An Owner or Occupant must inspect and test the Approved Backflow Prevention
assembly, at the sole expense of the Owner or Occupant, using a Backflow
Assembly Tester, upon installation, after repair and at least once in every
consecutive twelve (12) month period thereafter.
8.3
Where an Owner or Occupant fails to have an approved Backflow Preventer
tested, the City of Nanaimo is authorized to notify the Owner or Occupant that
the Backflow Preventer must be tested within 30 days or a specified time period
indicated in a notice issued by the City of Nanaimo.
8.4
Any Person that removes a Backflow Preventer from a plumbing system must
obtain prior written consent of the Director of Engineering and Public Works.
Prior written consent is not required when a Backflow Preventer is removed
and is immediately replaced with an equivalent Backflow Preventer and
provided details are submitted to the City on a test report.
8.5
Where an Approved Backflow Prevention Assembly fails to function as designed
or does not meet the test criteria set forth by the CAN/CSA B64.10.1 "Manual
for Maintenance and Field Testing of Backflow Preventers" an Owner or
Occupant must repair the Backflow Preventer and then retest it 30 days or
otherwise in a notice issued by the City of Nanaimo.
8.6
Despite section 8.2, the Director of Engineering and Public Works may require
more frequent testing of a Backflow Preventer where he or she determines this
is necessary to protect the Waterworks System.
Bylaw No. 7249 - Consolidated Version
Page 9
9.
Temporary Water Use Connection
9.1
No Person shall connect, cause to be connected, or allow to remain connected,
any piping, fixture, fitting, container or appliance to a fire hydrant, stand pipe or
any other temporary water connection:
9.1.1. in a manner which, under any circumstances, may allow Used Water,
Non- Potable water, wastewater or any liquid or substance of any kind to
enter the City of Nanaimo Waterworks System;
9.1.2. without using an Approved Backflow Prevention Assembly which has
been approved and installed in accordance with the City of Nanaimo
Cross Connection Control Program; and
9.1.3. without first obtaining a Hydrant or Temporary Water Use Permit.
9.2 In addition to any other penalties that may be applicable under this Bylaw, any
Person who contravenes this section may be refused access to Service through
the use of a fire hydrant or temporary water connection.
10.
Auxiliary and Non-Potable Water Supplies
10.1. An Owner or Occupant of a premise that contains or has access to an Auxiliary
Water Supply or system must ensure premises isolation of such facility with
a Backflow Preventer corresponding to the degree of hazard as stipulated in the
CSA B64.10.
10.2. There shall be no direct connection between a non-potable Auxiliary Water
System and any other Potable Water system unless otherwise approved by the
Director of Engineering and Public Works.
10.3. All piping, exposed standpipes, fittings, valves and outlets for non-potable water
systems must be permanently identified and marked in conformance with the
CSA B128.1 "Design and Installation of Non-Potable Water Systems".
11.
Commercial and Agricultural Irrigation Use
11.1
Where a Cross Connection exists between the City of Nanaimo Waterworks
System and a Private Water System, in addition to the general provisions
stated in this Bylaw, the Owner or Occupant shall also comply with the
following:
11.1.1. All agricultural use properties shall be subject to premise isolation with
a Backflow Preventer corresponding to the degree of hazard as
stipulated in the CSA B64.10.
11.1.2. Prior to commencement of operation of the Private Water System in
each irrigation season, the Owner or Occupant or any Person operating
a commercial or agricultural irrigation system must cause the Approved
Backflow Prevention Assembly to be inspected and tested, at the
Bylaw No. 7249 - Consolidated Version
Page 10
Owner's or Occupant's expense, by a Backflow Assembly Tester, in
accordance with section 8.2 of this Bylaw.
11.1.3. An Owner of property must install and use an approved reduced
pressure principal backflow assembly whenever fertilizers, chemicals
or any other substance detrimental to health are introduced into an
irrigation piping system.
12.
Penalty
(Bylaw 7249.01)
12.1
Every person who violates any of the provisions of this Bylaw, or who causes,
suffers or permits any act or thing to be done in contravention or in violation of any
of the provisions of this Bylaw, or who neglects or refrains from doing anything
required to be done by any of the provisions of this Bylaw, or who carries out or
who suffers, causes or permits to be carried out any development in a manner
prohibited by or contrary to any of the provisions of this Bylaw, or who fails to
comply with any order, direction or notice given under this Bylaw in addition to any
other penalties provided for in this Bylaw, shall be liable on summary conviction to
a fine not exceeding Ten Thousand Dollars ($10,000.00), or to imprisonment of
not more than six (6) months, or both; or if an information is laid by means of a
Municipal Ticket Information in accordance with the procedure set out in Part 8,
Division 3 of the Community Charter, a fine as stipulated in Schedule "A" this
Bylaw; or if the Local Government Bylaw Notice Enforcement Act applies, and a
Bylaw Notice is laid in accordance with that Act, a penalty in accordance with Bylaw
Notice Enforcement Bylaw 2012 No. 7159, Schedule "A". (Bylaw 7249.01)
12.2
Each day the Offence against this Bylaw continues or exists shall be deemed to
be a separate and distinct offence. (Bylaw 7249.01)
13.
Schedules
(Bylaw 7249.01)
13.1
Council authorizes that Schedule "A" may be omitted and established by
resolution where the schedule can be more conveniently contained in a
resolution. (Bylaw 7249.01)
Bylaw No. 7249
(Bylaw No. 7249.01)
Schedule "A"
Fine Schedule
SECTION
DESCRIPTION OF OFFENCE
PENALTY
6.1
Allow Entry of Non-Potable Water or other
Substances into the Waterworks System
$200.00
7.3
Fail to Install Approved Backflow Preventer
$500.00
8.1
Fail to Provide a Backflow Assembly Test
Report
$200.00
8.2
Fail to Inspect and Test Approved Backflow
Preventer
$200.00
8.4
Remove Backflow Preventer without
Consent
$200.00
8.5
Fail to Repair Non-Functioning Backflow
Preventer
$200.00
9.1.2
Fail to Install a Backflow Preventer on a
Temporary Connection
$200.00
9.1.3
Install Temporary Water Connection Without
Permit
$200.00
10.1
Fail to Provide Premises Isolation with
Backflow Preventer
$500.00
10.2
Connect Non-Potable and Potable Water
Systems Without Approval
$500.00
10.3
Fail to Permanently Mark Apparatus For
Non-Potable Water System
$500.00
11.1.3
Fail to Install or Use Approved Reduced
Pressure Principal Backflow
$500.00