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CITY OF PARKSVILLE
BYLAW NO. 1529
CROSS CONNECTION CONTROL BYLAW
WHEREAS pursuant to its powers under sections 8(2), 8(3)(a) and 8(3)(i) of the Community Charter,
Chapter 26 (SBC 2003), the City of Parksville has established a self-regulating utility for water
distribution to supply water to the inhabitants of the City;
AND WHEREAS provisions are required to protect water from contamination resulting from Backflow
through Cross Connections within the Waterworks System and within a premises by the use of
Backflow Preventers;
AND WHEREAS it is desirable that Cross Connections be controlled by regulation:
NOW THEREFORE the Council of the City of Parksville, in open meeting assembled, enacts the
following:
1.
TITLE
This bylaw may be cited as "Cross Connection Control Bylaw, 2016, No. 1529".
2.
DEFINITIONS
In this bylaw:
"Approved Backflow Prevention Assembly" means a Backflow Preventer designed to be tested
and repaired in-line and meet the design and installation criteria of the CSA B64 series and CSA
B64.10 current edition;
"Authorized Agent" means a person, firm or corporation representing the City of Parksville by
written consent;
"Auxiliary Water Supply" means any water available on or to a Premises originating from a
source or system, other than from the City of Parksville Waterworks System;
"Backflow" means flowing back or in reverse of the normal direction of flow;
"Backflow Assembly Test Report" means a report on the form provided by or approved for use
by the City of Parksville which contains pertinent information and test data resulting from a
Backflow assembly test;
Bylaw No. 1529 - Page 2
"Backflow Assembly Tester" means a person holding a valid certificate from the BC Water and
Waste Association (BCWWA) for testing Backflow prevention assemblies;
"Backflow Preventer" means an acceptable device or method in the water system, that is
designed to prevent Backflow and that meets the design and installation criteria requirements
of the CAN/CSA standards B64 series most current edition;
"Bylaw Offence Notice" means a written ticket with or without a fine amount issued by the City
of Parksville to a person who is deemed to be or is in violation of any of the provisions of this
bylaw;
"City" means the City of Parksville;
"Consumer" means any person to whom water is supplied by the City and includes the owner of
the Premises to which water is supplied;
"Contaminant" means any physical, chemical, biological or radiological substance or matter in
water which may render the water non-potable, according to the Province of British Columbia
Drinking Water Protection Act and regulations;
"Cross Connection" means any temporary, permanent or potential water connection between
the potable public water supply and a source of contamination or pollution;
"Cross Connection Control Coordinator" means the Cross Connection Control Coordinator of
the City of Parksville, also known as the utilities technician;
"Cross Connection Control Inspector" means a person holding a valid BCWWA certificate and
approved by the City's chief water operator or Cross Connection Control Coordinator;
"Cross Connection Control Program" means the City of Parksville Cross Connection Control
Program policies, procedures and specifications which provide references, guidelines, bulletins
and amendments relevant to this bylaw;
"Curb Stop" means a water service shutoff valve used to control flow to the Consumer's
Premises. It is located at property line in the water meter box.
"Director" means the Director of Operations for the City and his or her duly authorized
representative;
"Discontinue" means to terminate the arrangement between the City of Parksville and the
Consumer for the supply of water and to shut off, disconnect, or remove the service pipe;
"Double Check Valve Assembly" means an assembly containing two internally-loaded approved
check valves, either spring loaded or internally weighted, installed as a unit between two tightly
closed shut-off valves and four test cocks;
Bylaw No. 1529 - Page 3
"Inspect" means an on-site review of water use, facilities, meters, piping, equipment, operating
conditions and maintenance records for the purpose of evaluating compliance with this bylaw;
"Potable Water" means water that is fit for human consumption as defined in the Drinking
Water Protection Act and regulations;
"Premises" means any real property as defined by the Community Charter;
"Premises Isolation" means the practice of protecting the waterworks from contamination due
to Backflow by the installation of one or more Backflow Preventers downstream of the Service
Connection on the connection pipe conveying water on a Premises and upstream of the first
outlet or connecting water pipe;
"Private Water System" means any privately owned pipe and fittings intended for the delivery
or distribution of water within a Premises and includes any domestic use, irrigation system,
greenhouse and hydroponics system, and any other use of water supplied by the City of
Parksville Waterworks System;
"Reduced Pressure Backflow Preventer" means an assembly containing two independently
acting, internally loaded, approved check valves separated by a reduced pressure zone having
an approved pressure differential relief valve;
"Service" means the supply of water by means of the City's Waterworks System;
"Service Connection" means a pipe and the necessary valves and protective boxes, connections,
meters and any other material necessary and used to connect to the Curb Stop;
"Tag" means a City approved identifier displayed on an Approved Backflow Preventer displaying
name of owner, address of device, purpose of the device, type of device, manufacturer, serial
number, size, test date, and tester's company, initials and license number;
"Temporary Hydrant Use Permit" means a permit issued by the City of Parksville for any person
requesting water from a fire hydrant, stand pipe, or temporary water connection for purposes
other than emergency fire protection;
"Turn Off" means to turn off the water supply by closing a City of Parksville owned valve or
Curb Stop or by any other means approved by the chief water operator;
"Turn On" means to allow flow of water by opening a City of Parksville owned valve or by any
other means approved by the chief water operator;
"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 water meter and/or the
property line to the Private Water System;
Bylaw No. 1529 - Page 4
"Waterworks System" means the pipes connecting the City of Parksville waterworks and all
fittings and valves owned or maintained by the City, to the property line, on any street, lane, or
right-of-way.
3.
CONSUMER RESPONSIBILITIES
The Consumer is responsible to perform and pay for compliance with all matters prescribed by
this bylaw unless the bylaw explicitly states otherwise.
The Consumer shall control every Cross Connection on a Premises in an acceptable manner and
shall maintain every Backflow Preventer in good working order. When it becomes known or
suspected that a Backflow Preventer is not in good working order, whether from inspection or
field test results or other indications, the Consumer shall arrange for the immediate repair or
replacement of the Backflow Preventer.
The purchase, installation, operation, maintenance, field testing, field inspection, repair,
removal or replacement of a Backflow Preventer used to protect the municipal water system
from a property/facility shall be at the sole expense of the Consumer. The Consumer shall be
responsible for ensuring that a tester/installer/inspector is certified by the BC Water and Waste
Association and that the certification is not expired.
The Consumer shall ensure that the test report is submitted to the Cross Connection Control
Coordinator at the City of Parksville within thirty (30) days of testing the device.
The Consumer shall notify the City of Parksville Cross Connection Control Coordinator of any
changes of use of the Premises or facilities; or alteration, addition or removal of any part of the
Private Water System including its appurtenance and fixtures. The Consumer shall install,
upgrade, replace or remove Backflow Preventers to control the changed Cross Connections in
compliance with this bylaw and CSA standard B64.10 (latest version).
The Consumer is responsible for the installation of pressure or air release devices to prevent
pressure fluctuation within the Private Water System due to thermal expansion.
4.
CONTAMINATION
Unless expressly permitted by the Director, no person shall create a Cross Connection by
connecting, causing to be connected, or allowing to remain connected to the City 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.
A Consumer, Backflow Assembly Tester or other person discovering a Cross Connection that is
contaminating or has the potential to contaminate the drinking water in the public drinking
water system shall notify the City immediately.
Bylaw No. 1529 - Page 5
Any and all costs, damages or losses sustained by the City as a result of an incident involving
Backflow originating from a Premises shall be borne by the Consumer, and the Consumer shall
indemnify and hold harmless the City, its agents, employees and officers from and against any
and all claims, demands, losses, costs, damages, actions, suits or proceedings arising out of the
Backflow.
5.
CONDITION OF SERVICE
Service supplied by the City to a Consumer shall only be provided by the City where, in the
opinion of the City, the Waterworks System has been effectively protected from any actual or
potential Cross Connections existing at or within the Consumer's Private Water System.
In the event that a Consumer has more than one Service Connection from different distribution
pressure zones, underground irrigation systems, sprinkler systems, private hydrants, private
wells, or other systems, or when the possibility of contamination of the City water system by
Backflow exists for any reason, the Consumer shall ensure Premises Isolation with approved
Cross Connection Control devices to the current CAN/CSA B64.10 "Manual for the Selection and
Installation of Backflow Prevention Devices" standard. Where a Cross Connection Control
device is required, said device shall be submitted to the City for approval and conform to the
current City Engineering Department Standards and Specifications.
6.
INSPECTIONS
In accordance with section 16 of the Community Charter, employees or officers of the City or
other persons authorized by Council are authorized to:
(a)
Enter onto private property at all reasonable hours in order to access a Private Water
System and carry out inspections and surveys of the Premises to determine the
existence of connections or Cross Connections.
(i)
Any person who shall refuse to allow City employees, officers, or any other
person duly authorized to inspect such house, place or premises, or provide
information as requested, shall be guilty of an infraction of this bylaw and liable
to the penalties thereof.
(b)
Impose minimum standards that must be met and satisfied relating to the type of
Backflow Preventer and the installation and maintenance of same as specified by the
City's Cross Connection Control Program.
(c)
Inspect the type of Backflow Preventer, the installation and state of maintenance and
repair to ensure compliance.
Where an official written Cross Connection inspection is required, the inspection shall only be
conducted by a person with a valid BC Cross Connection Control Inspector certificate.
Bylaw No. 1529 - Page 6
If required by the Cross Connection Control Coordinator, a Cross Connection inspection shall be
completed every five (5) years from the date of the first inspection date.
7.
NOTICE TO CORRECT DEFICIENCIES OR CONTROL OF CROSS CONNECTIONS
If the configuration of any water connection creates a risk of contamination to the Waterworks
System, the Consumer shall install on the Private Water System at the location of the Service
Connection point from the Waterworks System, or other location stipulated by the City, an
Approved Backflow Prevention Assembly, in addition to any Backflow Preventers installed in
the Consumer's Private Water System.
The Consumer shall install a Backflow Preventer, corresponding to the degree of hazard as
established by CAN/CSA B64.10 (most current), as Premises Isolation on the domestic water
service(s) located after the water meter or other location stipulated by the City's chief water
operator or Cross Connection Control Coordinator, for all Premises that receive water service
from the City.
The Consumer must display the Cross Connection Tag on the Approved Backflow Preventer
showing when the Approved Backflow Preventer was last inspected and tested by a Backflow
Assembly Tester.
It is the Consumer's responsibility to ensure the Tag is properly displayed on the Approved
Backflow Preventer. If the Tag is missing, it is at the discretion of the City to:
(a)
ensure the Approved Backflow Preventer is retagged showing the previous approved
test results;
(b)
have the Approved Backflow Preventer retested;
(c)
have the service turned off or discontinued.
Failure of the City to send notice(s) or failure of the Consumer to receive notice(s) shall not
excuse the mandatory duty of the Consumer or other responsible party to comply with this
bylaw and/or the City of Parksville Cross Connection Control Program and all other applicable
bylaws.
Where any condition is found to exist which, in the opinion of the City, may otherwise expose
the Waterworks System to risk of contamination, the City or Authorized Agent shall, at their
discretion, take one or more of the following actions:
(d)
Notify the Consumer to correct the condition or Cross Connection(s) at the expense of
the Consumer within 30 days of notification;
Bylaw No. 1529 - Page 7
(e)
Issue a Bylaw Offence Notice to the Consumer, each day until, in the opinion of the City
of Parksville, the condition is corrected;
(f)
Turn Off or Discontinue service until the condition is corrected;
(g)
Install an Approved Backflow Prevention Assembly at the Service Connection point with
all costs being charged to the Consumer.
Any Consumer whose water has been turned off pursuant to this bylaw shall not have the
water from the City's Waterworks System turned on until all requirements of the City have
been met and the Consumer has paid to the City all costs associated with the Turn Off / Turn On
of Service, and the Consumer's default under this section has been remedied.
8.
TESTING AND MAINTENANCE OF BACKFLOW PREVENTION ASSEMBLIES
The Consumer shall provide to the City within thirty (30) days of initial installation, repair or
relocation of an Approved Backflow Prevention Assembly a City Backflow Assembly Test Report
from a certified Backflow Assembly Tester confirming the following:
(a)
The installation and test date of the Approved Backflow Prevention Assembly;
(b)
The specific location (including address of property and location within the Premises) of
the assembly and what Cross Connection or hazard it is intended to isolate;
(c)
The purpose of the Backflow Preventer;
(d)
The manufacturer, model, size and serial number of the Backflow Preventer;
(e)
The contact information for the individual in charge of the Backflow Preventer (owner),
including full name, mailing address, phone number and/or email, and;
(f)
That it is an Approved Backflow Prevention device selected and installed correctly and in
compliance with the CSA B64.10 standards, and that the device is in proper operating
condition.
Approved Backflow Prevention Assemblies are required to be inspected and tested by a
certified Backflow Assembly Tester, upon installation, after repair and at least once in every
twelve (12) month period or more often if required by the City. The installation, repair and
maintenance of all Cross Connection Control devices are the responsibility of the Consumer
who must ensure the devices are in proper working order.
Where a Consumer fails to have an Approved Backflow Prevention Assembly tested, the City's
utility staff may notify the Consumer that the Backflow Assembly must be tested within five (5)
working days, or within a specified period agreed to by the utility staff. If the Consumer fails to
Bylaw No. 1529 - Page 8
comply with such notice, the City or its Authorized Agent shall Discontinue Service and the
Consumer may be subject to enforcement or penalties listed under the Bylaw Offence Notice.
Where there is a visible or other indication that a Backflow Preventer is malfunctioning, it is the
responsibility of the Consumer to immediately notify the City, and further, to stop using the
Private Water System until the Backflow Preventer is replaced or repaired and retested. This
includes but is not limited to damage from freezing, hot water, fire or neglect.
The Cross Connection Control Coordinator may reject any test report that contains false
information, is completed and signed by a person other than a certified tester, is incomplete,
has not been submitted to the City within the time specified in this bylaw, or is not conducted
in accordance with this bylaw or CSA standard B64.10.
9.
TEMPORARY WATER USE CONNECTION
Except for emergency fire use, no person shall connect, cause to be connected, or allow to
remain connected, any piping, fixture, fitting, container or appliance to a City owned fire
hydrant, stand pipe or any other temporary water connection:
(a)
In a manner which, under any circumstances, may allow Used Water, wastewater or any
liquid or substance of any kind to enter the City Waterworks System; and
(b)
Without using an Approved Backflow Prevention Assembly which has been approved
and installed in accordance with the City Cross Connection Control Program; and
(c)
Without first obtaining a Temporary Hydrant Use Permit.
Any Consumer who violates this section will be refused access to Service through the use of a
fire hydrant or temporary water connection and may be subject to penalties listed under the
Bylaw Offence Notice.
10.
AUXILIARY WATER SUPPLIES
Auxiliary Water Supply piping shall not, under any circumstances, be interconnected to the
drinking water system piping supplied by the Waterworks System.
Where access to an Auxiliary Water Supply is available to a Premises, Premises Isolation shall be
required using a Reduced Pressure Backflow Preventer.
Where access to an Auxiliary Water Supply is available to a single-family residence, the
Premises Isolation requirement may be reduced to a Double Check Valve Assembly if approved
by the City. If a Double Check Valve Assembly is installed in lieu of a Reduced Pressure Backflow
Preventer, a confirmation letter must be provided annually by the Consumer, along with the
Bylaw No. 1529 - Page 9
test report, stating that the two systems have not been interconnected. Noncompliance may
result in a violation penalty listed under the Bylaw Offence Notice.
11.
COMMERCIAL AND AGRICULTURAL IRRIGATION USE AND TURN ON
Where a Cross Connection exists between the City Waterworks System and a Private Water
System, in addition to the general provisions stated in this bylaw, the Consumer shall comply
with the following.
(a)
Prior to commencement of operation of the Private Water System in each irrigation
season the Consumer or any person operating a commercial or agricultural irrigation
system shall have the Approved Backflow Prevention Assembly inspected and tested, at
the Consumer's expense, by a certified Backflow Assembly Tester.
(b)
A Reduced Pressure Backflow Preventer shall be used whenever fertilizers, chemicals, or
any other substance detrimental to health are introduced to a Private Water System.
12.
FEES, PENALTIES, SEVERABILITY
A person who contravenes, violates or fails to comply with any provision of this bylaw, or who
suffers or permits any act or thing to be done in contravention or violation of this bylaw, or who
fails to do anything required by this bylaw, commits an offence and shall be liable, upon
conviction, to a fine of not more than $10,000 and not less than $200, the cost of prosecution
and any other penalty or order imposed pursuant to the Community Charter or the Offence Act
(British Columbia). Each day that an offence against this bylaw continues or exists shall be
deemed to be a separate and distinct offence.
If any section, paragraph or phrase in this bylaw is for any reason held to be invalid by a
decision of a Court of competent jurisdiction, that portion shall be severed and the remainder
of this bylaw shall continue in full force and effect.
Fees for services and inspection are listed under Schedule 'A' of the "City of Parksville Water
Service System Bylaw, 1999, No. 1320".
13.
CONSEQUENTIAL AMENDMENTS
Section 2 of "City of Parksville Water Service System Bylaw, 1999, No. 1320" the definitions of
"Backflow" and "Cross-Connection" be repealed.
Section 27 entitled Cross Connection and Backflow Prevention of the "City of Parksville Water
Service System Bylaw, 1999, No. 1320" is hereby repealed in its entirety.
Bylaw No. 1529 - Page 10
READ A FIRST TIME this 20th day of June, 2016
READ A SECOND TIME this 20th day of June, 2016
READ A THIRD TIME this 20th day of June, 2016
DEPOSITED WITH THE MINISTRY OF HEALTH this 6th day of July, 2016
RECONSIDERED AND FINALLY ADOPTED this 18th day of July, 2016
Original signed by Marc Lefebvre
Original signed by Keeva Kehler
Mayor
Corporate Officer