Water Works Bylaw No. 3549, 2024 (Water Utility Management Bylaw) — full text, Prince Rupert, British Columbia

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City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 1 of 12 CITY OF PRINCE RUPERT WATER WORKS BYLAW NO. 3549, 2024 A BYLAW TO REGULATE THE PROVISION AND USE OF THE WATER WORKS OF THE CITY The Council of the City of Prince Rupert in open meeting enacts as follows: PART 1 - INTERPRETATION Title 1.1. This Bylaw may be cited as "Water Utility Management Bylaw, No. 3549, 2024". Definitions 1.2. In this Bylaw: "actual cost" means all charges incurred by the City with respect to the work performed, including, but not limited to invoiced costs for wages, overhead, equipment, materials, contracted services and other miscellaneous charges and including, where applicable, the cost of using City employees and equipment charged at the hourly rates specified in Schedule "A" of this Bylaw, plus a 15% administration fee. "applicant" means an owner making application for a service connection. "Asset Management Reserve Fee" means a surcharge collected to repair and replace the service infrastructure assets for present and future needs of the system. "Building Inspector" means the Building Inspector of the City and the Building Inspector's duly authorized representatives. "capable of connection" means that a parcel of land abuts a street, lane, public right-of-way or easement upon or under which there is a water main having a minimum calculated static pressure of 170 kPa and the parcel of land is not already served by a service connection. "City" means the City of Prince Rupert. "consumer" means a person to whom water is supplied by the City. "Council" means the Municipal Council of the City. "cross-connection" means a connection whereby the water works are connected, directly or indirectly, to a device or source that may result in backflow or contaminants entering into plumbing connected to the water works, including bypass arrangements, jumper connections, removable sections, swivel or changeover devices and any other temporary or permanent connecting arrangements. "curb stop" means a shut-off valve installed by the City on a service connection, with a protective housing to the ground surface and located on the main side of a property line. "distribution system" means all mains and appurtenances thereto, including fire hydrants, pumping stations, reservoirs, pressure reducing stations, meters and service connections installed within a highway, municipal right-of-way or easement or on municipal property. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 2 of 12 "employee" includes management personnel of the City. "Engineer" means the Director of Operations of the City, or any person appointed by the Council to serve in that capacity, and the Director of Operations' duly authorized representatives. "Financial Administrator" means the Chief Financial Officer of the City, or any person appointed by the Council to serve in that capacity, and the Chief Financial Officer's duly authorized representatives. "Fire Chief" means the Fire Chief of the City and the Fire Chief's duly authorized representative. "fire hydrant" means a device equipped with special threaded connections to supply water for fire protection purposes that is installed by the City within a highway, municipal right-of-way or easement or on municipal property and connected to a water main. "fire protection system" includes: a) an automatic sprinkler system; b) a fire main loop with hydrant; c) a connected hose standpipe located inside or outside of a building; d) fire protection monitors; and e) any other equipment used solely for emergency fire protection and suppression and approved by the Fire Chief. "improvements" means enhancements made on municipal property, including, but not limited to, retaining walls, landscaping, driveways, sidewalks and walkways. "main" means a pipe, including valves, fittings and other appurtenances thereto other than a service connection or water service and includes a pumping station, a water treatment plant or a reservoir. "meter" means a device owned and supplied by the City used to measure and indicate the volume of water passing through the device, including remote reading accessories. "owner" has the same meaning as in the Community Charter and includes an owner's agent. "person" means a natural person, an association, a partnership or a corporation, acting in its own capacity or through a servant, agent or employee. "service connection" means a pipe and the valves, protective boxes, connections, and all other material necessary and used to connect a water main to a curb stop. "water service" means a pipe and all valves, connections and taps connecting a curb stop to a house or other building, including the tail nut of the curb stop, regardless of the side of a property line on which it falls. "water works" means the entire water works system of the City, including the distribution system, reservoirs, intakes and water treatment plant. Interpretation 1.3. If any portion of this Bylaw is held to be invalid or illegal, that portion is severed from this Bylaw, and the remaining portion is to be read and construed as separate and distinct from the severed portion. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 3 of 12 Schedules 1.4. The schedules attached to this Bylaw form part of this Bylaw and any fee or charge described in a schedule is hereby imposed under this Bylaw. PART 2 - SERVICE CONNECTIONS General 2.1. The owner of a parcel of land capable of connection that contains a building or structure must connect the water system of each building or structure to the water works by means of a service connection. Connection Application 2.2. An owner may apply to establish one or more service connections to the owner's parcel of land by completing the form prescribed by the Engineer and paying the applicable fees or charges in Schedule "A" of this Bylaw. 2.3. If establishment of a service connection is practicable, the Engineer shall construct a service connection to the applicant's parcel of land. 2.4. If establishment of a service connection is not practicable, the Engineer shall notify the applicant and the City shall refund any charges or fees paid by the applicant. 2.5. No person other than an employee may construct a service connection, except with the prior written consent of the Engineer. Individual Connections 2.6. A service connection is not to serve, directly or indirectly, more than one parcel. 2.7. Where two or more buildings are situate on a parcel of land and the parcel is capable of being subdivided such that at least one building would be situate on each resulting parcel, each building is to have a separate service connection. Connection Location 2.8. Where possible, the City shall construct a service connection at a location requested by the applicant. Where the applicant's preferred location is not practicable due to conflict with existing improvements or utilities, the Engineer shall determine the location of the service connection. Compulsory Service Connections 2.9. Where the City has scheduled installation of surface improvements on a street during a current budget year, the Engineer shall construct a service connection to each parcel of land abutting the street capable of connection, whether or not a building or structure exists on the parcel of land, and shall charge the owner the same fees that would be chargeable under section 2.2 of this Bylaw if the owner applied for the service connection, such amount payable on demand. Size of Connection 2.10. The minimum inside diameter of a new service connection is twenty-five (25) millimetres. In all cases, the diameter of a new service connection is subject to approval by the Engineer and the Engineer may limit the diameter of a new service connection if the Engineer determines that it exceeds the available capacity of the water works. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 4 of 12 Materials and Workmanship 2.11. All service connections shall be constructed in accordance with the current Master Municipal Construction Documents standards. Depth of Bury 2.12. The minimum depth of bury of a service connection below finished ground elevation is ninety (90) centimetres unless the Engineer authorizes otherwise. Additional or Larger Service Connection Costs 2.13. The applicant shall pay the actual cost, including any applicable inspection fees, for constructing any additional service connection or increasing the size of a service connection to comply with the Engineer's requirements. Fire Protection Connection 2.14. Where an owner applies to establish a service connection solely to supply water to a fire protection system, the owner shall pay the actual cost of constructing the service connection. The Engineer may permit the service connection to be unmetered. Use of Fire Hydrant 2.15. The owner or occupier of a parcel of land may apply to use a fire hydrant for a temporary purpose and shall pay the applicable fees or charges in Schedule "A" of this Bylaw. PART 3 - WATER SERVICES General 3.1. Individual water services are not to have a cross-connection. Standard and approval 3.2. The owner shall construct a water service in accordance with the B.C. Plumbing Code and at the owner's expense. The owner shall not connect the water service to the service connection without the Engineer's approval. 3.3. The owner shall not cover any part of the water service or the service connection until the Building Inspector inspects the water service and its connection to the service connection. Occupancy Permits 3.4. Including for the purpose of ensuring a supply of potable water, the Building Inspector may withhold an occupancy permit until the water service has been inspected and connected to the service connection. PART 4 - METERS Application and Installation 4.1. The owner of a parcel of land that: a) is in an industrial, commercial, or institutional zone and contains a building; or b) contains four or more dwelling units within a single building shall: i. install a water meter in a location approved by the Engineer, which except in exceptional circumstances, shall be outside the building and not within a driveway; City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 5 of 12 ii. install a strainer, locking bypass and isolation valves; and iii. pay the water meter installation fee specified in Schedule "A" of this Bylaw. 4.2. Despite the requirements under section 4.1 of this Bylaw, the Engineer may require the owner of a parcel of land install a water meter if a use on the parcel consumes an inordinate amount of water. 4.3. Every service connection is to have a water meter that is of a type and size determined by the Engineer and installed in accordance with the specifications prescribed by the Engineer. Fees and Costs 4.4. The owner shall pay the applicable monthly meter rental fee and rate for metered water used set out in Schedule "A" of this Bylaw. 4.5. The City may charge the owner the cost of repairing or replacing a meter if the need to repair or replace the meter is the result of conduct by the owner that contravenes section 10.4 or another provision of this Bylaw. Meter Accuracy 4.6. An owner may request, in writing, that the City verify the accuracy of the record of a water meter and shall pay the applicable fee in Schedule "A" of this Bylaw, upon receipt of which, the City shall remove and test the water meter at the owner's expense. PART 5 - MAINTENANCE Owner Obligations 5.1. The owner shall maintain the water service from the curb stop complete to the building or structure for which connection is provided. The owner shall at all times maintain the curb stop in an accessible condition. Where the owner has not maintained the curb stop in an accessible condition, the owner bears all costs of the City to acquire access to the curb stop for any reason. In the absence of a curb stop, the owner shall maintain the water service from the property line to the building or structure for which connection is provided. 5.2. Where an owner suspects there to be a defect in the service connection or water service, the owner shall immediately notify the City and the Engineer shall, as soon as practicable, operate the curb stop and determine whether the defect exists in the water service or in the service connection. If the defect exists in the water service, the owner shall pay the call out fee specified in Schedule "A" of this Bylaw and repair the defect at the owner's expense within ten (10) days. If the defect exists in the service connection, the City shall repair the defect at the City's expense. 5.3. Where the owner refuses or neglects to repair a defect within ten (10) days, the Engineer may repair the defect at the owner's expense and the City shall charge the owner the cost thereof. PART 6 - USE OF WATER SYSTEM Backflow Prevention 6.4. The Engineer may require a consumer to install a backflow prevention device where the Engineer determines that backflow or back pressure may result in a health hazard or nuisance. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 6 of 12 6.5. Unless otherwise authorized by the Engineer, the backflow prevention device is to be a reduced pressure backflow preventer. 6.6. A backflow prevention device is mandatory for all of the following buildings, structures and facilities: (a) facilities with more than one service connection or an alternative source of water; (b) buildings that are over three storeys tall or that use a pump to elevate water; (c) buildings containing a use other than a single-family dwelling or duplex; (d) facilities with irrigation or sprinkler systems; (e) facilities utilizing radioactive materials; (f) facilities closed to public inspection; (g) sand, gravel, concrete and asphalt plants; (h) sewage facilities; (i) waterfront facilities; and (j) any other facility the Engineer determines may pose a hazard to the water supply. 6.7. A consumer shall cause a qualified inspector to inspect and certify the backflow prevention device annually. Turn-on and Shut-off 6.8. An owner may request that the City operate the owner's curb stop to turn on or shut off the owner's supply of water and shall pay the applicable fees in Schedule "A" of this Bylaw, upon receipt of which, the City shall operate the curb stop at the City's convenience. Abandonment 6.9. Where an owner wishes to permanently remove a water service serving their land, the owner shall make an application to the Engineer and pay the applicable fees in Schedule "A" of this Bylaw. Water Use Restriction 6.10. In the event of a water supply shortage for any reason, the Engineer may issue a notice prohibiting, restricting or limiting the use of water by one or more consumers. Notice is sufficient if it is delivered in writing, broadcast by a local radio or television station or advertised in two consecutive issues of a newspaper. 6.11. No person shall use or consume water in contravention of the terms of a notice issued under section 6.10 of this Bylaw. Termination of Water Supply for Non-Payment 6.12. The Engineer may order that supply of water to a consumer be terminated and shall provide at least thirty (30) days' notice, in writing, to the consumer, where the consumer fails to pay rates fees, charges or rents when due. Termination of Water Supply for Noncompliance 6.13. The Engineer may order that supply of water to a consumer be terminated and shall provide at least fourteen (14) days' notice, in writing, to the consumer, where the consumer: City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 7 of 12 (a) violates one of more of the provisions of this Bylaw; (b) fails to maintain a water service in good condition and without any leaks; (d) fails to install a water meter; or (e) fails to install a backflow prevention device or to cause a qualified inspector to inspect and certify the backflow prevention device annually. 6.14. A consumer who receives notice in respect of an order that supply of water to the consumer be terminated under section 6.13 of this Bylaw may, within fourteen (14) days of receipt of that notice, request an opportunity to make representations to Council, in which case the Engineer shall not make the order unless, having heard the consumer, or the consumer having failed to make representations after requesting to do so, Council directs the Engineer to make the order. 6.15. Notwithstanding sections 6.13 and 6.14 of this Bylaw, the Engineer may order that supply of water to a consumer be terminated immediately, with notice provided at time of termination, where the Engineer determines that continuing the supply of water will result in significant loss of water or a potential hazard to the public. PART 7 - CHARGES Rates 7.1. The owner or occupier of a parcel of land shall pay the applicable water rates and user rates in Schedule "A" of this Bylaw. 7.2. Rates apply as of the date the City turns on the supply of water and cease to apply on the date the City shuts off the supply of water. Outstanding Fees and Charges Added to Taxes 7.3. All fees, charges, rents and rates, including charges for works or repairs undertaken by the City due to an owner or occupier's failure to carry out necessary works or repairs, not paid on or before the thirty-first (31st) day of December in any year are subject to the late fee in Schedule "A" of this Bylaw and are deemed to be taxes in arrears in respect of the parcel(s) of land concerned, such amounts to be recovered, with interest, in the same manner as ordinary municipal taxes upon land in accordance with the Community Charter and Local Government Act. PART 8 - ACCESS AND INSPECTION General 8.1. The Engineer, Building Inspector and an employee authorized by the Engineer or Building Inspector may, at all reasonable times and in accordance with section 16 of the Community Charter, enter onto any land to ascertain compliance with this Bylaw and any order, direction or notice given under this Bylaw. Water Meters 8.2. The owner or occupier of a parcel of land supplied with water from the water works and on which a meter is located shall at all times maintain convenient access to the meter for reading, repair and removal. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 8 of 12 Private Hydrants 8.3 An owner may request that the City inspect and maintain a private hydrant that: a) is located on the owner's parcel; b) is located outside of a building; c) conforms to City standards as determined by the Engineer; and d) is used solely for fire protection and suppression purposes to the same standard as the City applies to fire hydrants; and if the City, at the discretion of the Engineer, agrees to inspect and maintain the private hydrant then the owner shall pay the applicable annual fees in Schedule "A" of this Bylaw, upon receipt of which, the City shall inspect and maintain the fire hydrant at the City's convenience. PART 9 - LIABILITY General 9.1. The City is not liable for injury or damage to a person or property arising or occurring from the use of water from the water works. 9.2. The City does not guarantee that water it supplies is free of any impurity that could affect a manufacturing process. Failure of Water Supply 9.3. The City is not liable for failure of the water supply as a consequence of an accident or damage to the water works, excessive pressure or lack of pressure or temporary stoppage on account of alterations or repairs, whether the failure arises from the negligence of an employee or any other person or from natural deterioration or obsolescence of the water works or otherwise. Improvements 9.4. The City is not liable for damage or destruction of an improvement that impedes access to the distribution system. The City shall not replace or compensate for damage or destruction of an improvement by an employee installing, maintaining, repairing or replacing a service connection or main. PART 10 - OFFENCES General 10.1. A person who contravenes a provision of this Bylaw, or who causes, suffers, or permits any act or thing to be done in contravention of a provision of this Bylaw, or who neglects or refrains from doing anything required to be done by a provision of this Bylaw or who fails to comply with an order, direction or notice given under this Bylaw commits an offence and is liable on conviction to a fine not exceeding FIFTY THOUSAND DOLLARS ($50,000.00). 10.2. Where an offence under this Bylaw is of a continuing nature, each day that the offence continues or is permitted to exist constitutes a separate offence. 10.3. Nothing in sections 10.1 and 10.2 of this Bylaw affects any other right or remedy of the City in respect of a violation of a provision of this Bylaw. City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 9 of 12 Tampering 10.4. No person shall connect to the water works or in any way tamper with, operate, remove or make any alteration to a fire hydrant, meter, curb stop, valve, pumping station, reservoir, inspection chamber or other fixture or appurtenance connected with the water works, except with the prior written consent of the Engineer, such consent to be provided only in exceptional circumstances. 10.5. No person shall, without lawful excuse, break, damage, destroy, uncover, deface, mar or tamper with a part of the water works. PART 11 - ADMINISTRATION Reference to Other Bylaws or Enactments 11.1. Reference to any bylaw or enactment is a reference to that bylaw or enactment as consolidated, revised, amended, re-enacted or replaced unless otherwise expressly provided. Notice 11.2. Where the Engineer is required to give notice, notice is sufficiently given if it is sent to the owner by mail, left with the owner or deposited in the mailbox at the owner's residence or place of business. Commencement 11.3. This Bylaw comes into force on adoption. 11.4. Despite section 11.3 and Schedule "A" of this Bylaw, during 2024 the fees set out in Schedule "A" of Water Utility Management Bylaw No. 3401, 2016 are deemed to apply to this Bylaw notwithstanding the repeal of Water Utility Management Bylaw No. 3401, 2016. Repeal 11.5. Water Utility Management Bylaw No. 3401, 2016 is repealed. READ A FIRST TIME this ____ day of _____________, 2024. READ A SECOND TIME this this ____ day of _____________, 2024. READ A THIRD TIME this _____ day of ____________, 2024 READ A FOURHT & FINAL TIME this _____day of _____________, 2024. _______________________________ Mayor _______________________________ Corporate Officer 25th November 25th November 25th November 9th December This Bylaw was adopted by Council. To view the signed original, contact City Hall Administration at (250) 627 0934 or email [email protected] City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 10 of 12 SCHEDULE "A" Water Works Bylaw No. 3549, 2024 FEES AND CHARGES The fees, rates, and charges listed in items 1 through 6 of this Schedule include a 2% Asset Management Reserve Fee. 2024 2025 2026 2027 2028 1. Water Meter Rentals- Billed Monthly Up to and including 19 mm $9.46 $9.89 $10.34 $10.86 $14.55 25 mm $14.64 $15.30 $15.99 $16.79 $22.50 38 mm $23.64 $24.70 $25.81 $27.10 $36.31 50 mm $29.05 $30.36 $31.73 $33.32 $44.65 75 mm $88.82 $92.82 $97.00 $101.85 $136.48 100 mm $134.30 $140.34 $146.66 $153.99 $206.35 150 mm $257.68 $269.28 $281.40 $295.47 $395.93 200 mm $315.41 $329.60 $344.43 $361.65 $484.61 2. Meter Reading Charges Each call after the first one of each month if access has not been provided. $64.00 $67.00 $70.00 $74.00 $99.00 3. Metered Rates - Billed Monthly Water consumption up to 2,800 cubic metres -per cubic metre $1.10 $1.15 $1.20 $1.26 $1.69 Water consumption in excess of 2,800 cubic metres -per cubic metre $0.80 $0.84 $0.87 $0.92 $1.23 4. Minimum Meter Charges - Billed Monthly Minimum charge to any metered customer $50.65 $52.93 $55.31 $58.08 $77.83 Restaurants & Liquor Establishment will be a minimum charge of $73.17 $76.46 $79.90 $83.90 $112.43 Except for hotels/motels, which will pay a minimum charge of $84.43 $88.23 $92.20 $96.81 $129.73 5. Residential Water Rates - Billed Annually Residential House Per Dwelling $562.87 $588.20 $614.67 $645.40 $864.84 6. User Rates Non Metered - Billed Quarterly Residential Building with single Owner/Strata for greater than 20 Dwellings - per dwelling $140.72 $147.05 $153.67 $161.35 $216.21 City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 11 of 12 Apartment Building - per unit $208.26 $217.63 $227.42 $238.79 $319.98 Bank $481.81 $503.49 $526.15 $552.46 $740.30 Business Under 10 employees $386.12 $403.50 $421.66 $442.74 $593.27 Business Over 10 employees $481.81 $503.49 $526.15 $552.46 $740.30 Church/Religious Meeting Place $200.38 $209.40 $218.82 $229.76 $307.88 Day Care Centre $481.81 $503.49 $526.15 $552.46 $740.30 Licenced Premises $1,053.69 $1,101.11 $1,150.66 $1,208.19 $1,618.97 Multi family dwelling, greater than 3 units - per unit $208.26 $217.63 $227.42 $238.79 $319.98 7. Water Service Connection Fees Residential (One) 1 inch service (or actual cost if actual cost is lower than this fee) $4,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00 Non-Residential service actual cost actual cost actual cost actual cost actual cost 8. Inspection Fees In addition to the connection fees, a separate inspection fee will be levied for each connection. $277.00 $289.00 $302.00 $317.00 $425.00 9. Water On and Off Fees During regular working hours (8:00 AM to 4:00 PM Monday to Friday except Staturory holidays) and regular working days $53.00 $53.00 $55.00 $58.00 $78.00 Outside regular working hours - per occurrence. $300.00 $314.00 $328.00 $344.00 $461.00 10. Actual Cost Hourly Rates Clerical & First Aid Attendant $96.00 $96.00 These hourly rates are subject to change annually, starting 2026, based in part on Collective Agreement Bargaining. Engineering Technologist $94.00 $94.00 Equipment Operator I $91.00 $91.00 Equipment Operator II $103.00 $103.00 Foreman $106.00 $106.00 Labourer $91.00 $91.00 Mechanic/Welder $118.00 $118.00 Utility Foreman $113.00 $113.00 Other $91.00 $91.00 City Vehicles and Equipment The hourly rental rate for the vehicle or equipment as specified in the current year's Blue Book Rental Rate Guide as published by BC Road Builders and Heavy Construction Association in partnership with the Ministry of Transportation 11. Abandonment Fees Abandon service to water main actual cost actual cost actual cost actual cost actual cost 12. Hydrants City of Prince Rupert Water Works Bylaw No. 3549, 2024 Page 12 of 12 Use of the Fire Hydrant - first day $376.00 $393.00 $411.00 $432.00 $579.00 For each additional day $159.00 $166.00 $173.00 $182.00 $244.00 Private Fire Hydrant Maintenance $656.00 $686.00 $717.00 $753.00 $1,009.00 13. Meter Testing Charges Owner requested additional testing actual cost actual cost actual cost actual cost actual cost 14. Other Work Any work carried out by the City at the request of an owner and with the approval of the Engineer in relation to the service connection and not otherwise provided in this Schedule "A", such as relocating or altering existing services, installing a different type of equipment, device or service box, raising a manhole, or other modifications to City utilities on or near the owner's parcel of land shall be charged to the owner at actual costs. 15. Billing and Early Payment Reward Accounts paid in full by the due date on the Billing Statement may be entitled to receive a ten percent (10%) reduction. Any payments received after the close of business day at Prince Rupert City Hall on the due date are not eligible for the discount. Payments made at a Financial Institution must be received by the City on or before the applicable due dates in order for the customer to qualify for the discount. Non receipt of the utility bill will not be recognized as a valid excuse for failure to pay the rates when due. 16. Unpaid Fees and Charges Any amounts imposed under this Schedule remaining unpaid on the thirty-first (31st) day of December in any year shall be deemed to be taxes in arrears in respect of the parcels of land concerned and such sums shall be recovered with interest, in the same manner as ordinary municipal taxes upon land in accordance with the applicable provisions of the Community Charter and Local Government Act.