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SUMMARY:
The Waterworks Regulatory Bylaw is a bylaw to regulate the waterworks system in the City of
Nelson.
This bylaw is a "consolidated" version and includes amendments up to the date listed in the bylaw
heading. It is placed on the Internet for convenience only, is not the official or legal version, and
should not be used in place of certified copies which can be obtained through the Administration
office at City Hall. Plans pictures, other graphics or text in the legal version may be missing or
altered in this electronic version.
The Corporation of the City of Nelson
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
THE CORPORATION OF THE CITY OF NELSON
Waterworks Regulatory Bylaw No. 3293, 2015
Revised May 4, 2020
Consolidated for convenience to include Bylaw No. 3342, 3495
BEING A BYLAW TO REGULATE THE WATERWORKS SYSTEM IN THE CITY OF
NELSON
_______________________________________________________________________________
Table of Contents
Page No.
1.
Part 1 - Interpretation
3
2.
Part 2 - Establishment of Water Service
6
3.
Part 3 - Operation of Water Service
9
4.
Part 4 - Water Meters
11
5.
Part 5 - Water Quality Protection
13
6.
Part 6 - Rates and Charges
15
7.
Part 7 - Responsibilities of the Persons Using Service
16
8.
Part 8 - Water Use Restriction Stages
18
9.
Part 9 - Enforcement and Penalties
17
10.
Part 9 - General
18
11.
Part 10 - Severability
19
12.
Part 11 - Citation
20
13.
Part 12 - Effective Date
20
Schedule "A" - Annual Levy, Discounts and Penalties
21
Schedule "B" - Outdoor Water Use Restriction
22
The Corporation of the City of Nelson
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
THE CORPORATION OF THE CITY OF NELSON
Waterworks Regulations and Rates Bylaw No. 3293, 2015
WHEREAS the Local Government Act, R.S.B.C. 1996, Chapter 323, the Community
Charter, S.B.C. 2003, Chapter 26 and all other applicable legislation provide that
Council may by bylaw, establish a municipal water service within the jurisdiction of the
City of Nelson;
AND WHEREAS the Council of the City deems it appropriate to repeal and replace
Waterworks Regulations and Rates Bylaw No. 1500 (and all amendments thereto) in
its entirety;
NOW THEREFORE, the Council of the City in an open meeting assembled enacts as
follows:
PART 1: INTERPRETATION
1.1
Definitions
In this Bylaw, the following terms have the following meanings:
(a) "Backflow" means the flow of water or other substances back in to any
plumbing system connected to the Waterworks System;
(b) "Building Code" means the means the Provincial building code and
other regulations enacted under section 692 (1) of the Local Government
Act
(c) "Business Day" means a day other than Saturday, Sunday or a statutory
holiday in the Province of British Columbia;
(d) "Bylaw Enforcement Officer" means:
i.
a Member;
ii. a municipal constable, special municipal constable, officer and the
chief constable appointed to the Nelson Police Department
pursuant to the Police Act;
iii. a local assistant to the fire commissioner pursuant to the Fire
Services Act; and
iv. a person appointed by Council as a licensing inspector, building
inspector or animal control officer;
(e) "Bylaw Notice" means a ticket issued under the Bylaw Notice
Enforcement Bylaw;
(f) "City Manager" means the person appointed by Council as the Chief
Administrative Officer of the City or the Deputy, Assistant City Manager
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
or Acting City Manager appointed or designated to act on his or her
behalf;
(g) "City Engineer" means the person appointed to manage and oversee
the day-to-day operation of the Waterworks System and, along with other
City staff, to administer this Bylaw;
(h) "City" and "City of Nelson" means The Corporation of the City of Nelson
(i) "Contaminant" means any substance or matter in water which may
render the water unfit for human consumption in accordance with
guidelines and regulations of the Province of British Columbia;
(j) "Consumer" means any person, company or corporation who is the
owner or agent for the owner of any premises to which water is supplied
or made available from the Waterworks System, any person who is the
occupier of such premises or any person who is actually using water
supplied to such premises;
(k) "Council" means the duly elected Council for the Corporation of the City
of Nelson
(l) "Cross Connection" means any device or connection to which the
Waterworks System is connected, directly or indirectly, which may result
in Backflow or Contaminants entering into any plumbing connection to
the Waterworks System including bypass arrangements, jumper
connections, removable sections, swivel or changeover devices, or any
other temporary or permanent connecting mechanism;
(m) "Curb Stop" means the City-owned shut-off valve on a Service
Connection, with or without a protective housing to the ground surface,
located on a City roadway or statutory right of way or within an easement
at or near the Property being serviced by Waterworks System;
(n) "Dwelling Unit" means one or more habitable rooms when such a room
or rooms together are used or intended to be used as a residence, and
does not include tourist accommodation;
(o) "Fees and Charges Bylaw" means the City's Fees and Charges Bylaw,
including all amendments and replacements thereto;
(p) "Fire Hydrant" means a device equipped with special threaded
connections installed by the City within a roadway highway, statutory
right of way, easement or on City property and connected to a Water
Main to supply water for fire protection purposes;
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
(q) "Fire Protection" means all aspects of fire safety, prevention,
firefighting, planning, training, suppression, investigation and the
protection of life and property including, but not limited to, rescue
operations and administering first aid;
(r) "Fire Protection Use" means the use of the Waterworks System
exclusively for the purposes of providing a standby water service for fire
protection;
i. "Fire Service" means any connection, pipe or device using water
from the Waterworks System only for Fire Protection Use;
(s) "Household" means
i. A person;
ii. Two or more persons related by blood, marriage or adoption;
iii. A group of not more than five persons, including boarders, who are
not related by blood, marriage or adoptions; or
iv. Unrelated people living together with related people, provided that
the number of unrelated people does not exceed 3 persons.
(t) "Hydrant Use Permit" means a permit issued for use of a Fire Hydrant
for purposes other than fire protection and suppression;
(u) "Metered Service" means a service having attached thereto a Water
Meter or other measuring device for determining the quantity of water
used by such service;
(v) "Private Service" means pipes and other appurtenances on private
property not installed or owned by the City and used to convey water
from the Waterworks System to the private Property;
(w) "Property" means any lot, block, or other area in which lands situated in
the City of Nelson are subdivided;
(x) "Rate" means the sum of money to be paid by a Customer for the
quantity of water supplied or made available by the Waterworks System;
(y) "Regular Working Hours" means the time from 7:00 am to 3:00 pm on
each and every day that is a Business Day;
(z) "Restrictions Stage" means restriction on water use as specified in
Schedule "B" of this bylaw. *BL3342 - Insertion of new definition.
(aa) "Service Connection" means the City-owned connecting pipe from the
Waterworks System to the boundary of private Property, and includes all
related pipes, Curb Stop, valves and other appurtenances;
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
(bb) "Service" means and includes the supply of water from the Waterworks
System to any Consumer and includes all pipes, taps, valves, fittings,
connections, meters and other appurtenances and things necessary to or
actually used for the purpose of such supply;
(cc) "Water Main" means the City-owned pipe including valves, fittings and
other appurtenances other than a Service Connection, situated adjacent
to or nearby Property being serviced by the Waterworks System;
(dd) "Water Meter" means a City-owned device used to measure and indicate
the volume of water passing through the device and includes all
associated remote reading accessories;
(ee) "Water Meter Pit" means a chamber constructed underground, which is
used to install a Water Meter;
(ff)
"Water Meter Setting" means the plumbing, including pipes, strainers,
valves and couplers that comprise the exact opening in to which a Water
Meter can be installed; and
(gg) "Waterworks System" means the entire network of pipes, pumps, water
treatment facilities, reservoirs, valves, hydrants and all other
appurtenances or facilities that make up the City's waterworks and
distribution system.
1.2
Number and Gender
Wherever the singular or masculine is used in the Bylaw the name shall be
deemed to include the plural or the feminine or the body politic or corporate,
and also their respective heirs, executors, administrators, successors and
assigns.
PART 2: ESTABLISHMENT OF WATER SERVICE
Operation of the City Waterworks System
2.1
To the extent that the City has not already established the service of water
supply, the City hereby establishes the service of supplying water to the City
through the Waterworks System and operating, constructing, maintaining and
regulating the Waterworks System.
2.2
The City Engineer is authorized to administer and oversee the day-to- day
operations of the Waterworks System and to administer and enforce this
bylaw.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
Application for Service Connection
2.3
A property owner must make application to the City to install a Service
Connection to the Waterworks System in the form prescribed for that purpose
by the City, which application shall contain the applicant's provision of the
following:
(a) a full and correct statement of the size and description of the premises, the
purpose for which water is required and all other pertinent information that
the City may require to determine the rates chargeable or the amount of
water to be supplied;
(b) an agreement to pay the City for all water supplied at such rates as may be
from time to time in force;
(c) a covenant that the applicant will protect and save harmless the City from
all claims, demands, costs and charges of whatsoever kind, arising out of
or in any manner connected to the applicant's use of the Waterworks
System for the supply of water;
(d) a covenant that the applicant will comply with all requirements of this
Bylaw; and
(e) a confirmation that a building permit or a plumbing permit has been
obtained from the City.
2.4
At the time of making the application referred to in section 2.3, the Property
owner shall pay the connection fee, as set out in the Fees and Charges Bylaw
2.5
After completion of the installation of the Service Connection, the actual cost of
the installation shall be determined by the City Engineer and any variation of
more than 10% or $500.00, whichever is greater, from the fee paid under
section 2.4 shall be refunded by or become payable to the City, as the case
may be.
2.6
No person shall connect or attempt to connect, or allow to be connected, or
allow to remain connected to the Waterworks System any Property or
premises otherwise than in accordance with the provisions of this Bylaw.
Construction of Service Connection
2.7
After a Property owner's application for a Service Connection has been
approved by the City Engineer, confirmation that a building permit or a
plumbing permit has been obtained from the City, and payment of the
installation fee has been received by the City, the City shall, in the case of an
application for water Service to a premises that abuts a roadway in which a
Water Main is located, install the Service Connection to the Property line.
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2.8
In the case of an application for water service to a premises that does not abut
a roadway in which a Water Main is located, the applicant must pay the actual
cost for the installation of a Service Connection to the Waterworks Systems, as
determined by the City Engineer, and the applicant must, prior to such
connection, pay a deposit in an amount equal to the estimate for Service
Connection and installation of a Water Meter, with any balance owing to be
paid by the applicant upon completion of the connection and installation works.
2.9
A connection to the Waterworks System will not be made until all required
connection charges and any other related costs have been paid in full.
2.10
No person shall construct a Service Connection other than an employee of the
City, unless the written consent of the City Engineer is first obtained.
2.11
No Service Connection shall be permitted to any premises supplied with water
from any other source without the prior written consent of the City Engineer.
2.12 Each Property shall have no more than one Service Connection including all of
the land shown on a strata plan. A Property owner may make application for
more than one Service Connection to the City Engineer and must pay the
application fee in the amount set out in the Fees and Charges Bylaw.
2.13
Where possible the Service Connection will be located at the location
requested by the applicant. In the event the applicant's preferred location is
not practicable due to the existence of installed surface improvements or is in
conflict with installed underground utilities, the City Engineer may designate
an alternate location of the Service Connection.
Construction of Private Service
2.14
No person shall connect to a Service Connection or any part of the Waterworks
Systems for any purpose whatsoever without prior written consent of the City
Engineer.
2.15
A Property owner is responsible, at their sole cost and expense, for the
installation of a Private Service.
2.16
Private Service pipes shall be laid at a depth of not less than 4 feet/1.22 meters
below the ground surface, or such greater depth as may be determined by the
City Engineer, and must be laid in a manner to protect against frost.
2.17
Private Service pipes that cross under or near excavations must be properly
protected from settlement.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
2.18
Each Private Service pipe shall be installed with a shut off valve and waste tap,
approved for use by the City, located within the premises on the Property that is
to be serviced by the Waterworks System.
2.19
Each Private Service providing service to a residential or commercial building
containing more than one cold water tap service and used by one or more
persons that is serviced by a Water Main with a static pressure of 60 pounds
per square inch or greater shall be installed with a pressure relief valve
approved for use by the City Engineer.
2.20
All plumbing installations connecting the Waterworks System to premises on
the Property to be serviced by the Waterworks System shall be installed in
accordance with the BC Plumbing Code, as may be amended from time to
time.
PART 3: OPERATION OF WATER SERVICE
Maintenance of Private Service
3.1
Every Property owner shall keep maintained, at the Property owner's sole
expense, the Private Service and all pipes, shut-off valves and other fixtures
on the Property in good working order and repair. In the event any leakage,
defect or imperfections in the Service Connection or Private Service are
observed or known to a Consumer, the Consumer shall immediately notify
the City. If the defect is determined to be located in the Private Service, the
City shall notify the Property owner and the Property owner shall, within 48
hours of receiving such notice, effect repairs to the Private Service.
3.2
In the event the Property owner refuses or neglects to carry out repairs within
the specified time, the City may cause to have repair work performed at the
expense of the Property owner, and the City shall charge the Property owner
the cost thereof.
Access to Curb Stop
3.3
The Property owner shall, at all times, maintain the Curb Stop in an
accessible condition and where the Curb Stop has not been made
accessible, the costs for access shall be borne by the Property owner.
Turn On and Shut Off of Service
3.4
A Property owner may apply to the City to have the supply of water from the
Service turned on or shut off. Applications for turning on or shutting off the
Service shall be made in writing in a form prescribed by the City and not less
than 24 hours before the turn on or shut off is required.
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3.5
The Property owner shall be liable for the full amount of the water Rates and
charges for the Service up to the time the Service is shut off.
3.6
Every Property owner must, prior to commencing any demolition work on
Property that is serviced by the Service, apply to the City Engineer for
discontinuance of the Service and pay the fees set out in the Fees and
Charges Bylaw.
Charges for Turn On or Shut Off of Service
3.7
A Property owner making an application to have the Service turned on or shut
off during Regular Working Hours shall pay the charges set out in the Fees and
Charges Bylaw for each turn on or shut off of the Service performed during
Regular Working Hours.
3.8
A Property owner making an application to have the Service turned on or shut
off outside of Regular Working Hours shall pay the applicable charges set out
in the Fees and Charges Bylaw for each turn on or shut off of the Service
performed outside Regular Working Hours.
Service Shut Off by City
3.9
The City Engineer may shut off the Service to any Property for any of the
following reasons:
(a) application made for turning off the Service;
(b) shortage of water;
(c) maintaining, repairing, renovating, replacing, disinfecting or otherwise
operating the Waterworks System;
(d) non-payment of water Rates and charges;
(e) the period of time for the Temporary Use has expired;
(f) an emergency threatens the safety of the Waterworks System or the
public;
(g) where the condition of the Private Service is causing a wastage of water or
creating a risk of public safety or Property damage;
(h) noncompliance with any provision of this Bylaw.
3.10
The Property owner shall be liable for the full amount of the water Rates and
charges for the Service up to the time the Service is shut off.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
Notice for Water Service Shut Off
3.11
Where the Service is to be shut off for reason of non-compliance with any
provision of this Bylaw, the person affected will have an opportunity to make
representations to Council in respect of such non-compliance.
3.12
Where the Service is to be shut off for reason of a shortage of water supply
the City will provide at least 7 calendar days' notice
3.13
Where the Service is to be shut off for maintenance, repair, renovation,
replacement, disinfection or other operation of the Waterworks System, the City
will provide at least 2 Business Days' notice for scheduled work, but no notice
may be given for emergencies where public safety or Property damage is at
risk.
3.14
The City may provide notice by means of posting notice on the Property,
providing notice on an invoice for a Customer's account, mailing notice to the
Property, mailing notice to the Property owner's last known address set out on
the assessment roll or publishing notice in a local newspaper.
3.15
The City is not responsible for notice failing to reach a Property owner or other
Consumer of the Service prior to the Service being shut off.
3.16
Notwithstanding any other provision of this Bylaw, no notice may be given for
emergencies where public safety or Property damage is at risk.
*BL3342- Deletion of Sections 3.17 and 3.18
PART 4: WATER METERS
Requirement of Water Meters
4.1
The City may require that a Property install a Water Meter in accordance with
this Bylaw.
4.2
Every new application for a Service Connection for Property where the use will
be for institutional, commercial or industrial purposes must install a Water
Meter.
4.3
If a Property owner fails or neglects to install a Water Meter when required to
do so, the City may at its discretion compel the installation and use of a Water
Meter by imposing a restriction or suspension of the Service until installation
requirements have been met.
4.4
Where a Property is required to convert from a non-metered Service to a
metered Service and, as a result requires upgrades or conversions to its
existing plumbing that are cost prohibitive to the Property owner, the owner
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
may make an application to the City for an extension in the time within which
the Property is required to make the conversion and Council may grant an
extension of not more than 1 year from the date the metered Service is
required to be installed.
Installation of Water Meters
4.5
The City is responsible for the installation of a Water Meter, Water Meter
Setting and Water Meter Pit at the owner's expense.
4.6
Every Water Meter Setting and Water Meter Pit shall be installed in accordance
with the BC Plumbing Code.
4.7
No drain valve, water bypass, branch line or any other type of fixture through
which water may be taken shall be located upstream of a Water Meter.
4.8
The City Engineer may determine and specify the type and size of Water Meter
for each type of Property and use, having consideration for the City Engineer's
estimate of water consumption and other factors related to use of the Service
and location and operation of the Water Meter.
Ownership and Maintenance of Water Meters
4.9
All Water Meters and Water Meter Pits shall be provided by the City and remain
the property of the City.
4.10
The City has the authority to inspect, maintain, repair, replace and read Water
Meters.
4.11
A Property owner must, at all reasonable times, provide adequate, convenient
and unobstructed access to the City for inspecting, maintaining, repairing,
replacing and reading the Water Meter.
Location of Water Meters
4.12
Water Meters must be located in a building as close as possible to the entrance
point of the Private Service into the building and in a location where it can be
easily accessed and read unless otherwise approved by the City Engineer.
4.13
If a Water Meter is not located in a building, the owner of the Property must
house the Water Meter in a Water Meter Pit in a location approved by the City
Engineer.
Protection and Damage to Water Meter
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
4.14
A Property owner must provide adequate protection for the Water Meter
against freezing, heat and other severe conditions that might damage the
Water Meter.
4.15
If a Water Meter installed on a Property is destroyed, lost or damaged in any
way, the Property owner shall pay the costs of repairs to or replacement of the
Water Meter.
4.16
If any breakage, stoppage or other irregularity in a Water Meter is observed by
or known to a Property owner, the Property owner shall notify the City
immediately.
Removal of Water Meter
4.17
No person shall remove or in any way disturb a Water Meter except under
direction of the City Engineer.
4.18
Upon removal of a Water Meter, the Water Meter shall be returned to the City.
Water Meter Testing
4.19
If a Property owner questions the accuracy of the record of a Water Meter, the
Property owner may make a written request to the City and upon payment of
the applicable fee set out in the Fees and Charges Bylaw the City will
undertake a test of the Water Meter.
4.20
If the test performed under section 4.18 discloses an error in favor of the
Property owner, the Customer's account will be adjusted by the amount of the
inaccuracy for a period not exceeding 6 months and the amount of the fee so
paid under section 4.18.
PART 5: WATER QUALITY PROTECTION
Cross Connections
5.1
No person shall connect; cause to be connected or allow to remain connected
any pipe, fixture, fitting, container, appliance or Cross Connection, in a manner
which, under any circumstances, could cause or allow any part of the
Waterworks System to become contaminated.
5.2
A Property owner must, at all reasonable times, provide adequate, convenient
and unobstructed access to the City for the purpose of inspecting the Private
Service and any plumbing system and fixtures on the Property to identify any
Cross Connections.
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5.3
If the City Engineer determines that a connection or a Cross Connection exists
in the Private Service which has the potential of contaminating the Waterworks
System, the City Engineer may give written notice to the Property owner to
correct the connection or Cross Connection or install a Backflow Preventer at
the expense of the Property owner within a specified time period.
5.4
Where the City Engineer determines that a connection or Cross Connection
prohibited by this Bylaw is an immediate risk to the Waterworks System or any
person, or if the Property owner fails to correct any connection or Cross
Connection as required by this Bylaw, the City Engineer may order and
undertake the disconnection of Service to the Property, at the Property owner's
expense, without further notice and keep the Service disconnected until such
time as the risk is removed or the connection or Cross Connection is corrected,
as the case may be.
Hydrant Use
5.5
No person shall obstruct access to, open, interfere or tamper with any Fire
Hydrant without the prior written approval of the City Engineer.
5.6
Any hydrant used for purposes other than fire protection or suppression
requires a Hydrant Use Permit in the form prescribed by the City for that
purpose and a fee paid in the amount set out in the Fees and Charges Bylaw.
5.7
The City Engineer, in issuing a Hydrant Use Permit may impose terms and
conditions regarding the use of the hydrant comprising:
(a) the location of the hydrant that may be used;
(b) the type of hydrant that may be used;
(c) the dates and times when the hydrant may be used; and
(d) precautions to be taken in connecting to and using the hydrant.
5.8
No person shall operate any hydrant or use water drawn from any hydrant
pursuant to a Hydrant Use Permit otherwise than in accordance with the terms
and conditions of the Hydrant Use Permit.
5.9
At any time the City Engineer may cancel or suspend a Hydrant Use Permit
issued pursuant to this Bylaw:
(a) if the City Engineer considers that the use of the hydrant may result in a
risk to the Waterworks System; or
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(b) if the holder of the Hydrant Use Permit fails to comply with the provisions of
this Bylaw or the terms and conditions of the Hydrant Use Permit.
PART 6: RATES AND CHARGES
Non-metered Service
6.1
Every owner of Property which is not billed as a metered Service shall pay to
the City the applicable flat Rate and charges, set out in the Fees and Charges
Bylaw.
Metered Service
6.2
Every owner of Property which has a metered Service installed for the purpose
of billing shall pay for water consumption at the rates set out in the Fees and
Charges Bylaw, and pay the rental rates for the Water Meter specified in the
Fees and Charges Bylaw.
6.3
If a Water Meter installed on a Property stops, fails to record usage properly or
otherwise becomes out of order, the Property owner shall be charged for water
use based on the average water consumption over the six month period
preceding the month in which the Water Meter was last found to be functioning
properly.
Billing Dates
6.4
All flat Rates payable for non-metered service and all charges payable for
water consumption for metered service shall be levied annually as set out in
Schedule A of this Bylaw.
Billing Start Date for New Connections
6.5
For all new connections, the effective date for billing of Rates and charges shall
be the first day of the month following the month in which the City's building
official has permitted occupancy to the premises.
Credit to Customer
6.6
Where a Customer changes from a non-metered Service rate to a metered
Service rate, the City will apply a credit to the Customer's account for the
balance of the unexpired period of time on a pro-rated basis of the non-metered
rate.
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Temporary Use
6.7
Upon application to the City a connection to the Waterworks System may be
permitted solely for Temporary Use for a specified period of time determined by
the City Engineer.
6.8
The applicant for a Temporary Use must pay to the City the Rates and charges
for Temporary Use as set out in the Fees and Charges Bylaw.
6.9
Any person who applies to the City to turn on Service for Temporary Use shall
provide to the City:
(a) confirmation that a building permit or a plumbing permit has been obtained
from the City; and
(b) any other information the City Engineer may reasonably require.
6.10
Pipes for Temporary Use shall not be larger than 2 inches/50.8 mm in
diameter.
Penalties for Late Payment
6.11
Where any amount owing for a quarterly installment remains unpaid after 30
days from the deadline for such payment, the City shall provide the Property
owner notice of such non-payment. Penalties shall be applied as set out in
Schedule A.
6.12
Discounts shall be applied as set out in Schedule A.
Taxes in Arrears
6.13
All fees, Rates and charges required to be paid under this Bylaw that are not
paid on or before the 31st day of December in any years shall be deemed to be
taxes in arrears in respect of the Property served by the Waterworks System
and such sum shall be recoverable as taxes under the Community Charter
(BC).
PART 7: RESPONSIBILITIES OF THE PERSONS USING SERVICE
General Prohibitions
7.1
No person shall, without a permit from the City:
(a) willingly allow the wastage of water supplied to a Property by the
Waterworks System whether through imperfection or leakages in the
Service Connection, plumbing fixtures or otherwise;
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(b) use water for purposes other than those for which water is supplied to a
Property;
(c) use water through a Fire Service for any use other than a Fire Protection
Use; or
(d) install or permit the use of automatic flush urinal systems, booster pumps,
quick-closing valves, siphons, standpipes, non-recirculating air conditions
and refrigeration or water-cooled compressors in any building or structure
connected to the Service;
Tampering With the Waterworks System
7.2
No person shall make any connection to the Waterworks System or in any
way tamper with, operate, remove, or make any alteration to any Fire
Hydrant, Water Meter, Curb Stop, valve, pumping station, reservoir, chamber
or other fixture or appurtenance connected with the Waterworks System
without the prior written consent of the City Engineer.
Liability
7.3
It is a condition of the supply of water that;
(a) In the event that the supply of water to any Customer shall fail, whether
from natural causes or accident or from any other causes whatsoever,
the City shall not be liable for damage by reason of such failure.
(b) The City shall not be liable for any injury or damage to any person or
property arising or occurring from the use of water from the Waterworks
System.
(c) The City does not guarantee that water supplied by the Waterworks
System is free of any impurity that would affect a manufacturing process.
B.C. Plumbing Code
7.4
A Private Service shall be installed in accordance with the B.C. Plumbing
Code and shall be constructed by and at the expense of the owner. Supply
of any fittings required to join the Service Connection to the Private Service
shall be the Property owner's responsibility.
Service to be Protected from Freezing
7.5
Every Customer shall keep their Private Service and other fixtures located
within their Property in good order and repair and protected from freezing
and damage, all at their own expense.
The Corporation of the City of Nelson
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
7.6
If, in the opinion of the City Engineer, a Private Service is damaged by
freezing, it shall be the sole responsibility of the Property owner to thaw the
Private Service and carry out whatsoever repairs are required, at the owner's
expense, to repair the Private Service. The Property owner shall be fully
responsible for any damage caused by the thawing methods utilized by the
owner in effecting such repairs. If the Property owner's inaction or negligent
action in thawing the Private Service causes the Service Connection to
become frozen, the owner shall pay the cost of thawing the Service
Connection.
*BL3342 - Insert new section 8 and renumber Parts 8-12 to be 9-13
PART 8: WATER USE RESTRICTION STAGES
8.1
Every Consumer shall comply with water restrictions imposed by the City in
accordance with Schedule B of this bylaw.
8.2
The City may at such times and for such length of time as the City Engineer
considers necessary or advisable due to water shortage declare that the City
has activated a Restrictions Stage 1 through 3 as contained in Schedule B of
this bylaw.
8.3
The water use restriction "Normal", as described in Schedule "B" of this
Bylaw is the default water restriction in place at all times, unless a water use
Restrictions Stage is declared and activated in accordance with this bylaw.
8.4
If the City makes a declaration under section 8.3, the Restrictions Stage
described in the declaration comes into force twenty-four (24) hours after the
City makes a public announcement of the declaration.
8.5
When a Restriction Stage comes into force under this section, any
Restriction Stage that had been in force, if any, ceases to be in force.
PART 9: ENFORCEMENT AND PENALTIES
Offence
9.1
A person who:
a.
contravenes or fails to comply with this Bylaw;
b.
permits, suffers or allows any act or thing to be done in contravention
of this Bylaw;
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
c.
fails to carry out an order made under this Bylaw; or
d.
fails or neglects to do anything required under a Permit
commits an offence and each day such an offence continues or is permitted
to continue will constitute a separate offence.
9.2
On being found guilty of an offence under this Bylaw, a person will be liable
to pay a fine of up to $10,000 or to imprisonment for a term not exceeding six
months or to both such fine and imprisonment and in default of payment of
the fine to imprisonment for a additional term not exceeding six months under
the Offence Act.
Designation of Bylaw and Bylaw Enforcement Officers
9.3
This Bylaw is designated under section 264 of the Community Charter as a
bylaw that may be enforced by means of a Bylaw Notice.
9.4
Without limiting the enforcement options under section 8.1, a person who
commits an offence under this Bylaw will be liable to a penalty established
under the Bylaw Notice Enforcement Bylaw.
9.5
Bylaw Enforcement Officers are designated to enforce this Bylaw by means
of a Bylaw Notice under section 264 of the Community Charter.
9.6
No person may obstruct a Bylaw Enforcement Officer in the fulfillment of his
or her duties under this Bylaw.
PART 10: GENERAL
Severability
10.1
If any part, section, sub-section, clause or sub-clause of this Bylaw is, for any
reason, held to be invalid by the decision of a court of competent jurisdiction,
such decision does not affect the validity of the remaining portions of this
Bylaw.
Notice
10.2
Any notice required to be given under this Bylaw shall sufficiently be given if in
writing and delivered by hand or sent by prepaid registered mail at the Property
owner's last known address set out on the assessment roll.
Repeal and Replacement
10.3 The Waterworks Regulations and Rates Bylaw No. 1500 and all
amendments thereto are hereby repealed.
The Corporation of the City of Nelson
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
PART 11: SEVERABILITY
11.1 If any part, sub-section or phrase of this Bylaw is held to be invalid by a court
of competent jurisdiction, the invalid portion shall be severed and the
remainder of the Bylaw shall be deemed to have been enacted without the
invalid portion.
PART 12: CITATION
12.1 This Bylaw may be cited as "The Corporation of the City of Nelson
Waterworks Regulatory Bylaw No. 3293, 2015".
PART 13: EFFECTIVE DATE
13.1 This Bylaw comes into force and effect upon its adoption.
READ A FIRST TIME the 14th day of September, 2015
READ A SECOND TIME the 14th day of September, 2015
READ A THIRD TIME the 14th day of September, 2015
FINALLY PASSED AND ADOPTED the 5th day of October, 2015
Deb Kozak________
Mayor
Frances Long_______
Corporate Officer
CERTIFIED A TRUE AND CORRECT COPY OF THE
"Corporation of the City of Nelson Waterworks
Regulation and Rates Bylaw No. 3293, 2015"
Frances Long
Director of Corporate Services
The Corporation of the City of Nelson
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
SCHEDULE A to
Waterworks Regulations and Rates Bylaw No. 3293, 2015 (Amended by BL 3495)
A. ANNUAL LEVY OF FLAT (Non-Metered) RATES AND CHARGES
(Quarterly Instalments Permitted)
All flat rates of water charges shall be levied annually in total sum, but shall
be deemed to be due and payable in equal quarterly installments, due by the
last normal working day of the respective quarter (for the purposes of the
bylaw "last normal working day" shall mean the last day of the quarter in
which City Hall offices are open):
QUARTERLY PERIODS:
RESPECTIVE DUE DATES:
(1) January 1st to March 31st
Last normal working day of
March (current year)
(2) April 1st to June 30th
Last normal working day of
June (current year)
(3) July 1st to September 30th
Last normal working day of
September (current
year)
(4) October 1st to December 31st
Last normal working day of
December (current
year)
B. LEVY OF METERED RATES AND CHARGES
All metered rates of water charges shall be billed four (4) times per calendar
year in accordance with the registered consumption in the meter reader's
records and shall be deemed to be due and payable 30 days following the
invoice date (the "Due Date").
C. DISCOUNT ALLOWED
A discount of 10% shall be applied to the early payment of the annual gross
water rates and charges of Flat Rate (non-metered) and Metered Accounts
on or before May 15 for the year 2020.
Commencing January 1, 2021, a discount of 10% shall be applied to the
early payment of the annual gross water rates and charges of Flat Rate (non-
metered) and Metered Accounts on or before March 15.
D. PENALTIES AND LATE PAYMENTS
Flat Rate (non-metered) Accounts
A 10% penalty shall be applied to any quarterly installment unpaid by the last
working day of the respective quarter.
Metered Accounts
A 10% penalty shall be applied to any invoice balance outstanding after the
Due Date.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
SCHEDULE B to
Waterworks Regulations and Rates Bylaw No. 3293, 2015 (Amended by BL 3342)
OUTDOOR WATER USE RESTRICTIONS STAGES
Normal - Every Second Day Lawn Watering
(1) Normal conditions,
a) no person shall use a sprinkler or irrigation system to water a
lawn growing on a property with
(i)
an even numbered address, except on even numbered
days of the month between the hours of 4:00 a.m. to 9:00
a.m. and 7:00 p.m. to 10:00 p.m.; and,
(ii)
an odd numbered address, except on odd numbered
days of the month between the hours of 4:00 a.m., to
9:00 a.m. and 7:00 p.m. to 10:00 p.m.
b) a person may
(i)
water trees, shrubs, flowers and vegetables on any day
with a sprinkler during the prescribed hours for Normal
lawn watering and on any day at any time if watering is
done by hand-held container or a hose equipped with a
shut-off nozzle;
(ii)
use micro-irrigation or drip-irrigation systems to water
trees, shrubs, flowers and vegetables at any time on any
day; and,
(iii)
wash a vehicle with water using a hand held container or
hose equipped with a shut-off nozzle and at commercial
car washes.
Stage 1 - Two Days Per Week Lawn Watering
(1) During Stage 1,
a) no person shall use a sprinkler or irrigation system to water a
lawn growing on a property with
(i)
an even numbered address, except on Wednesdays and
Saturdays between the hours of 4:00 a.m. to 9:00 a.m.
and 7:00 p.m. to 10:00 p.m.; and,
(ii)
an odd numbered address, except on Thursdays and
Sundays between the hours of 4:00 a.m. to 9:00 a.m. and
7:00 p.m. to 10:00 p.m.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
SCHEDULE B to
Waterworks Regulations and Rates Bylaw No. 3293, 2015
b) a person may
(iii)
water trees, shrubs, flowers and vegetables on any day with
a sprinkler during the prescribed hours for Stage 1 lawn
watering and on any day at any time if watering is done by
hand-held container or a hose equipped with a shut-off
nozzle;
(iv)
use micro -irrigation or drip-irrigation systems to water trees,
shrubs, flowers and vegetables at any time on any day; and,
(v)
wash a vehicle with water using a hand held container or
hose equipped with a shut-off nozzle and at commercial car
washes.
Stage 2 - One Day Per Week Lawn Watering
(1) During Stage 2,
a) no person shall use a sprinkler or irrigation system to water a
lawn growing on a property with
(i)
an even numbered address, except on Wednesdays between the
hours of 4:00 a.m. to 9:00 a.m. and 7:00 p.m. to 10:00 p.m.; and,
(ii) an odd numbered address, except on Thursdays between the
hours of 4:00 a.m. to 9:00 a.m. and 7:00 p.m. to 10:00 p.m.
b) no person shall use water to wash sidewalks, driveways or
parking lots, exterior windows or exterior building surfaces, except
as necessary for applying a product such as paint, preservative
and stucco, preparing a surface prior to paving or repointing
bricks, or if required by law to comply with health or safety
regulations.
c) a person may
(i)
water trees, shrubs, flowers and vegetables on any day with a
sprinkler during the prescribed hours for Stage 2 lawn watering
and on any day at any time if watering is done by hand-held
container or a hose equipped with a shut-off nozzle;
(ii) use micro-irrigation or drip-irrigation systems to water trees,
shrubs, flowers and vegetables at any time on any day; and
(iii) wash a vehicle with water using a hand held container or hose
equipped with a shut-off nozzle and at commercial car washes.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
SCHEDULE B to
Waterworks Regulations and Rates Bylaw No. 3293, 2015
Stage 3 -- No Lawn Watering
(1) During Stage 3,
a) no person shall
(i)
water a lawn or boulevard;
(ii)
fill a swimming pool, hot tub or garden pond;
(iii)
fill or operate a decorative fountain or pond; or,
(iv)
wash a vehicle with water
(v)
use water to wash sidewalks, driveways or parking lots,
exterior windows or exterior building surfaces, except as
necessary for applying a product such as paint,
preservative and stucco, preparing a surface prior to
paving or repointing bricks, or if required by law to
comply with health or safety regulations.
b) a person may
(i)
water trees, shrubs, flowers and vegetables on any day
between the hours of 4:00 a.m. to 9:00 a.m. and 7:00
p.m. to 10:00 p.m. if watering is done by hand-held
container or a hose equipped with a shut- off nozzle;
(ii)
use micro-irrigation or drip-irrigation systems to water
trees, shrubs, flowers and vegetables on any day
between the hours of 4:00 a.m. to 9:00 a.m. and 7:00
p.m. to 10:00 p.m.;
(iii)
wash a vehicle at commercial car washes.
PERMITS
1. A person who has installed a new lawn, either newly seeded or new sod,
may apply to the City of Nelson for a permit, which will allow the new lawn
to be sprinkled outside of watering days, but within restricted hours. This
permit shall be conspicuously displayed at the premises for which it was
issued.
2. New sod may be sprinkled for 21 days after installation, and newly seeded
lawn may be watered until growth is established or for 49 days after
installation, whichever is less, provided a permit pursuant to Section 1 has
been issued for the premises at which the new lawn has been installed.
3. Permits will not be issued or be valid during Stage 2 or 3 restrictions.
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Waterworks Regulations and Rates Bylaw No. 3293, 2015
SCHEDULE B to
Waterworks Regulations and Rates Bylaw No. 3293, 2015
EXEMPTIONS AND SPECIAL CASES
1. Exempted Users
The provisions of the watering restrictions shall not apply to persons who
own, operate or carry on the following operations or activities that rely on
the steady supply and use of water:
(a) nurseries;
(b) farms;
(c) orchards.
2. Newly Planted Trees and Shrubs
A person may during:
(a) Normal, Stage 1, or Stage 2 watering restrictions, water new trees
and shrubs during installation and for the following 24 hours, and
after that 24 hour period, watering must comply with the Stage 1, 2,
or 3 watering restrictions as applicable;
(b) Stage 3 watering restrictions, water new trees and shrubs between
the hours of 4:00 a.m. to 9:00 a.m. and 7:00 p.m. to 10:00 p.m. only
by hand-held container or hose equipped with a shut-off nozzle
during installation and for the following 24 hours, and after that 24
hour period, watering must comply with the Stage 3 watering
restrictions as applicable.
3. Public Authorities
Public authorities may during:
(a) Normal conditions, water lawns, boulevards and playing fields on
any day at any time;
(b) Stages 1 and 2, water lawns, boulevards and playing fields at any
time, but no more often than every second day.