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VILLAGE OF TAHSIS
WATER SYSTEM REGULATION BYLAW No. 644, 2021
A Bylaw to Regulate the Connection, Use and Extension of the Municipal Water System
Council of the Village of Tahsis, in open meeting assembled, hereby enacts as follows:
PART A
ADMINISTRATION
1. Title:
This bylaw may be cited for all purposes as the "Water System Regulation Bylaw No.
644,
2021"
2. Administration
The Chief Administrative Officer, Director of Infrastructure and Operations, Municipal Engineer,
Bylaw Enforcement Officer and Building Inspector are appointed by Council to administer this
bylaw.
3. Applicability
This Bylaw must be applicable to all land within the municipal boundaries of the Corporation of
the Village of Tahsis.
4. Definitions
The following definitions apply to this bylaw. The context and meaning of any other terms not
defined herein are to be determined in accordance with the British Columbia Building Code,
2018, this Bylaw, Zoning Bylaw No. 630, 2020 and the Canadian Oxford Dictionary.
"Building Inspector"
means the person appointed by Council to administer and
enforce Building Bylaw No. 525, 2006, other Village bylaws
and the BC Building Code.
"Curb Stop"
"Director"
means a Village-owned valve on a Private Connection that is
typically, although not always, located at or near a property
line.
means the Director of Infrastructure and Operations as
designated by the Chief Administrative Officer to carry out the
duties of this position and includes appointed delegates or
representatives
"Improved Property"
means property on which one or more structures have been
built for residential, business or other purpose.
"MM CD"
"Municipal System"
"Owner"
"Private Connection"
"Service Line"
means the Master Municipal Construction Documents
prepared under the auspices of the Master Municipal
Construction Document Association.
means the system of hydrologic and hydraulic components
which provide potable water supply to users within the
municipality.
means the person registered with the Land Title and Survey
Authority as owner of land or a charge on land or as "Owner"
as defined in the Schedule to the Community Charter (SBC
2003, Ch 26).
means the fittings and appurtenances in the area between the
building that it is served by and where it is linked to the
Municipal System.
means the municipal owned infrastructure that connects the
municipal system to a property for conveying potable water
5. Offences and Penalties
a) Every person who violates any provisions of this Bylaw or who suffers or permits any act
or thing to be done in contravention or in violation of any of the provisions of this
Bylaw, or who neglects to do or refrains from doing anything which violates any of the
provisions of this Bylaw is guilty of an offence against this Bylaw and liable to penalties
hereby imposed.
b) Each day that a violation is permitted to exist must constitute a separate offence.
c) Every person who commits an offence of a continuing nature is liable to a fine not
exceeding $10,000 for each day such offence is continued.
d) Where any person contravenes any provision of this Bylaw and thereby causes damage
to the municipal system, such person shall be liable to the Village for all costs incurred in
making repairs or taking remedial action.
e) If such costs are not paid forthwith after demand, the Village may recover the same by
action in any court of competent jurisdiction.
6. Repeal
The Village ofTahsis Water Regulations and Rates Bylaw No. 581, 2016 and all amendments
thereto is hereby repealed.
PART B
GENERAL PROVISIONS
1. Supply of Water
It is lawful for the Village to supply water to the residents of the Village who can be served by
the municipal system.
2. Purpose of the Municipal System
The water supplied by the municipal system is for normal use and firefighting service.
3. Not Liable for Failure of Municipal System
The Village shall not be liable for the failure of the water supply due to an accident or damage to
the municipal system or for excessive pressure or lack of pressure or any temporary stoppage on
account of alterations or repairs, whether the failure arises from negligence of any person in the
employ of the Village or any other person or through natural deterioration or obsolescence of
the municipal system.
PART C
PRIVATE CONNECTIONS
1. Application for Private Connection
a) The Director is authorized to prescribe the form of application for'
i.
the connection to the municipal system
ii.
to alter and repair a private connection
iii.
to abandon a private connection
iv.
the turning on or turning off of the supply of water to any private connection from
the municipal system
v.
a temporary supply of water from a designated fire hydrant.
b) Prior to connecting with the municipal system, the Owner must:
i.
make application for a connection on the prescribed form; and
ii.
make full payment of fees as prescribed in the applicable fees and charges bylaw
c) If a private connection application is denied, the Owner will be informed with reasons given
and the applicable fee refunded.
d) The private connection will be installed at a location selected by the Owner wherever possible.
If the Director determines the Owner's preferred location is not practicable, the Director will
determine the location of the private connection.
e) No person, other than the Village, its employees or its contractors, and under the direction of
the Director, shall install, alter or remove or cause to be installed, altered or removed, any part
of a private connection without written approval of the Director.
f) For any private connection, the Director will install, at the Owner's expense, a curb stop on
each separate branch of the private connection at the connection to the municipal system.
g) Except where otherwise dictated by this bylaw, the standards for private connection to the
municipal system, and for the repair or alteration of a private connection, shall be as required
by the BC Building Code.
2. Compulsory Private Connection
a) All improved properties must be connected to the municipal system unless granted an
exemption by the Director.
b) The Owner of a property serviced with a service line is responsible for paying all applicable fees
and charges.
3. Abandonment
a) When a building on a lot serviced by the municipal system is demolished or abandoned, the
Director may require the turn off and/or discontinuation of the private connection. The cost
for this work shall be recovered from the Owner.
PART D
USE OF MUNICIPAL SYSTEM
1.
Prohibitions
a) No person must connect or attempt to connect, or allow to be connected, or
allow to remain connected to the municipal system of any property or premises,
otherwise, than in accordance with the provisions of this Bylaw.
b) Unless authorized by this Bylaw or by the Director, in writing, or a person must not:
i)
use, change, tamper, connect to, obstruct, destroy, damage or in any
manner interfere with the municipal system or any part thereof;
ii)
obstruct, at any time or in any manner, the Village access to the
municipal system;
iii)
connect, cause to be connected, or allow to remain connected to the
municipal system any piping, fixture, fitting, container, or appliance
which may cause pressure surges, or any other disturbance which may
result in annoyance to any other customer, damage to any private
connection or to the municipal system;
iv)
permit the introduction of any contaminant or foreign matter whatsoever into
the municipal system.
c) Without first obtaining written approval from the Director, a person must not:
i)
repair or alter, or cause any repairs or alteration to any private
connection that is part of the municipal system;
ii)
open or use any water from a fire hydrant, or a standpipe, or valve
intended forfirefighting purposes; and
iii)
sell, give, or convey water beyond the premises to which the water is
supplied under this Bylaw.
d) The prohibitions under sections Part D(l)(a), (b) & (c) do not apply to:
i)
the employees, agents or contractors of the Village when carrying out
necessary works on the municipal system;
ii)
the use of water for emergency purpose
Auxiliary Water Supplies
No cross connection between an auxiliary water supply and the municipal system is permitted.
3.
Backflow and Cross-Connection Prevention
a) No person shall allow water, wastewater, or any harmful liquid or substance, to enter any
part of the waterworks system, including any water service or any fire hydrant or standpipe.
b) No person shall connect, cause to be connected, or allow to remain connected, any piping
fixture, fitting, container, appliance or cross connection that could cause or allow drinking
water quality, the service, or a private service to become contaminated, degraded or
polluted in anyway.
c) Where the Village believes that a backflow or cross-connection exists in contravention of
this Bylaw, the Village may:
i)
provide written notice to the Owner to correct the condition at the Owner's
expense;
ii)
give notice to remove the piping, fixture, fitting, container, or appliance that is
the source of the condition, within a period specified; or
iii)
require that an approved backflow prevention assembly be installed and
maintained as part of that private connection, at the Owner's expense.
Private Connection Turn-Off
a) The Director may turn off a private connection for unnecessary or wasteful use of water
upon 48 hours written notice.
b) The Director may within 5 calendar days of delivering written notice to the Owner turn off
the private connection for any of the following reasons and, in doing so, the Village shall not
be liable for damages by reason of discontinuing the supply of water:
i.
failure to repair or replace defective pipes, fittings, valves, tanks or appliances as
required
ii.
failure to carry out any work required by this Bylaw or having the applicable permit;
and
iii.
charges imposed pursuant to the applicable fees and charges bylaw are in arrears
Notice Given
Notice in writing required to be given by the Village shall be considered as sufficiently given if
sent by registered mail or hand delivered to the Owner at the address shown on the last revised
Assessment Roll of the Village.
Appeal to Council
An Owner who has received a turn off or disconnection notice under this bylaw may, by written
notice delivered to the Village within 14 days of receipt of the notice of disconnection, request
that Council re-consider the implementation of the notice.
Private Connection Restoration
a)
Where a Private Connection has been turned off or disconnected in accordance with
this Bylaw, such service must not be turned on or reconnected until the Owner has:
i)
paid to the Village outstanding fees or charges owing relating to the provision of
the connection or the supply of water pursuant to the Bylaws of the Village; and
ii)
paid to the Village any additional costs incurred by the Village in order to
prevent improper use of water after the connection was turned off or
disconnected; and
iii)
installed, repaired, rectified any outstanding issues leading to the turn off or
disconnection to the satisfaction of the Director.
b)
The costs incurred in section 6(a) above shall be in addition to and not in substitution for
any fine or other penalty to which the Owner of the premises in question may be
subject pursuant to the provisions in this Bylaw or any other statute or regulation.
9.
Interruption of Service
a)
The Village does not undertake a duty of care to furnish a continuous supply of water, or
a minimum amount of water pressure, to any premises.
b)
The Village may temporarily reduce or discontinue the supply of water to any premises
where necessary for the proper and effective operation, maintenance or repair of the
municipal system.
c)
The Village shall not be liable for the failure of the water supply as a result of any action
or damage to the municipal system or any temporary stoppage of any service on
account of alteration or repairs of the municipal system orforany other reason
whatever, whether such failure arises from the negligence of any person or agent in the
employ of the Village or otherwise.
d)
In the event of failure of the municipal system or stoppage continuing for a period of
more than four hours, the Village may, at the Director's discretion, notify the Owner(s)
of the stoppage or alteration of supply.
Right of Entry to Private Property
a)
Access to private property, at all reasonable times, must be permitted to any person
authorized to administer this Bylaw, to enter into and inspect the private connection.
Where possible, 24 hours' notice shall be given in accordance with the Community
Charter (s. 16).
b)
Any person interfering with or obstructing the entry of the authorized person after that
person has identified himself, must be deemed to be guilty of an infraction of this Bylaw
and is liable to the penalties in this Bylaw.
c)
Any person authorized to administer this Bylaw may remove any material or thing that
obstructs or impedes access to the municipal system and the expense of such removal
must be charged to and paid by the person responsible for the obstruction or the Owner
of the property serviced.
READ a first time this 2nd day of November, 2021
READ a second time this 2nd day of November, 2021
READ a third time this 2nd day of November, 2021
Reconsidered, Finally Passed and Adopted this 16th day of November, 2021
^
MAYOR
CORPORATE OFFICER
I hereby certify that the foregoing is a true and correct copy of the original Bylaw No. 644. 2021 dulv
passed by the Council of the Village ofTahsis on this 16th day of November, 2021.
CORPORATE OFFICER