Water Distribution & Sale Consolidated Bylaw No. 1326 — full text

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PRICE: $3.00 CITY OF TERRACE CONSOLIDATED FOR CONVENIENCE "TERRACE WATER DISTRIBUTION & SALE BYLAW #1326-1993" (AND AMENDMENTS THERETO UP TO BYLAW #2339-2026) CONSOLIDATED FOR CONVENIENCE All persons making use of this consolidated version of City of Terrace Bylaw No. 1326-1993 are advised that it has no legislative sanction; that the amendments have been embodied for convenience of reference only and that the original bylaw must be consulted for all purposes of interpreting and applying the law. Subsections or sections of the original bylaw and/or amendments which have been repealed have not been included in this consolidation. CITY OF TERRACE CONSOLIDATED FOR CONVENIENCE BYLAW NO. 1326-1993/ 1434-1995/ 1481-1996/ 1483-1996/ 1585-1997/ 1634-1998/ 1692-2000/ 1782-2003/ 1858-2006/ 1879-2007/ 2188-2020 2191-2020/ 2223-2021/ 2247-2022/ 2274-2023/ 2293-2024/ 2324- 2025/ 2339-2026 "A BYLAW OF THE CITY OF TERRACE TO REGULATE THE DISTRIBUTION AND SALE OF WATER AND TO IMPOSE SERVICE INSTALLATION RATES AND MONTHLY RENTAL RATES." WHEREAS Section 640 of the Municipal Act provides that a Council may, by Bylaw, determine the rates, terms, and conditions for the supply of water utility facilities; AND WHEREAS Section 641 of the Municipal Act provides that Council may, by Bylaw, impose charges to defray the cost of connection to the water utility facilities; AND WHEREAS it is deemed desirous to maintain the waterworks utility as a self- liquidating utility; NOW THEREFORE the Council of the City of Terrace in open meeting assembled enacts as follows: 1. DEFINITIONS For the purpose of this Bylaw: Administration Charge Shall mean the administration charge as outlined in City Policy #66. Building Service Shall mean the pipe extending from the property line to the building or point of use. City Shall mean the Corporation of the City of Terrace. Connection Shall mean the act of connecting the building water service pipe to the water lateral. Terrace Water Distribution & Sale - 3 - Bylaw No. 1326-1993 (Consolidated) Director of Engineering Shall mean the person appointed by Council from time to time as the Director of Engineering of the City and shall include such person's duly appointed deputy or assistant. Documentation and Inspection Shall mean field inspections and preparation of all utility drawings and records. Water Lateral Shall mean the pipe extending from the water main to the property line. 2. The City of Terrace shall provide and maintain a municipally owned water system and shall collect, store, distribute, and sell water for domestic, commercial, and light industrial purposes within the Municipality, as required by and for the use of the residents of the Municipality and such of the industrial purposes within the Municipality as can be reasonably provided. 3. (a) The City of Terrace shall provide and maintain such reservoirs, wells, pumps, motors, mains, connections, and other appurtenances as are required for the said purpose of collecting, storing, and distributing the said water. (b) The City of Terrace shall do all things in their power to provide and maintain an adequate supply of water for domestic and industrial use, but shall not be held responsible for damage, or loss resulting from any failure to provide and maintain such adequate supply of water at such times and such conditions as water not being reasonably available. (c) The City of Terrace shall NOT provide water service to any premises existing, or which is being erected, contrary to the provisions of any Bylaw of the City. 4. The cost of providing and maintaining said supply of water and such collection, storage, and distribution as previously outlined in this Bylaw shall be a charge against the Waterworks Revenue Fund of the City and all receipts for the sale of the water or for payment of other charges incident to the distribution of the said water shall be a credit to the Waterworks Revenue Fund of the City. 5. Every applicant for water service shall be entitled to have the said water supply brought to the nearest or most convenient entrance to his property as and when the City can reasonably and economically provide and maintain such supply, except that such entrance shall not be located in a driveway, unless it can not be reasonably located elsewhere. Terrace Water Distribution & Sale - 4 - Bylaw No. 1326-1993 (Consolidated) (a) Where the City of Terrace makes the water connection at the property line, the fees under Schedule "A" shall apply. 6. The City of Terrace shall be responsible for effecting the turn-on or turn-off of the property owner's service pipe to the supply system at the property line, and it shall be deemed to be an offence against this Bylaw where any person other than the City's lawful representative causes the above-said turn-on and turn-off to be made. 7. All requests for water service shall be acted upon at the discretion of the City. 8. The person in charge of the Waterworks or his deputy duly appointed from time to time shall have free access, at proper times of the day and upon reasonable notice being given, to all lands and parts of the buildings in which water is delivered and used. OWNER'S RESPONSIBILITY 9. Before any connection shall be made into any lands, premises, or property in the City, the authorized agent or the owner of the lands, premises, or property shall: (a) Complete and sign an application for Water Service on the form supplied by the City. (b) Pay to the Collector of the City a Water Service fee in the amount specified in "Schedule A Fees" attached hereto and made part of this Bylaw. (c) The property owner shall be responsible for the installation of and the connection at the property line of the building service, and apply for a service inspection, but shall not backfill until approval is granted by the City. (d) The water service fee deposited or charged in accordance with this section does not embrace works within the property of the applicant. Added by (e) No customer or person shall connect, cause to be connected, or allow to #1481-1996 remain connected, any piping, fixture, fitting, container or appliance in a manner which, under any circumstances, may allow water, waste water, or any harmful liquids or substances to enter the City water system. If a condition is found to exist which, in the opinion of the Engineer, is contrary to the aforesaid, the Engineer may either: (i) shut off the service or services, or Terrace Water Distribution & Sale - 5 - Bylaw No. 1326-1993 (Consolidated) (ii) give notice to the customer to correct the fault within 96 hours, or a specified lesser period, and if the customer fails to comply with such notice, the Engineer shall proceed in accordance with (i). The water service pipe shall not be turned on at the curb stop (property line) for occupancy use until the private plumbing system has been approved by the City Building Inspector on behalf of the Engineer or has been inspected for cross connections by the Engineer; this shall not prohibit the use of a water service for construction purposes for a limited time, provided the Engineer is satisfied that adequate provision is made to prevent backflow into the City water system. In addition to the requirements made by the City Building Inspector for the installation of backflow prevention assemblies within the private plumbing system at the source of contamination, a backflow prevention assembly may be required by the Engineer on the water service pipe should inspection on private property be restricted, or should, in the Engineer's opinion, the health hazard imposed on the water system warrant premise isolation. Unless otherwise specified by the Engineer, the requirements for the application and testing of backflow prevention assemblies shall follow those set forth in "ACCEPTED PROCEDURE AND PRACTICE IN CROSS CONNECTION CONTROL MANUAL", and amendment thereof, published by the Pacific Northwest Section, American Water Works Association." Added by (f) (1) Where a cross connection control device has been installed, the #1782-2003 consumer shall: (i) Have all cross connection control devices inspected and tested by personnel approved by the City to determine whether such devices are in good working condition, at the time of installation and thereafter annually, or as required by the City at the sole expense of the consumer; (ii) Submit a report in the form of Schedule C, attached hereto and forming part of this bylaw, within 30 days of the testing date, containing the results of any and all tests performed. (2) When the results of a test referred to in 9(f)(1)(i) of the Bylaw show that a cross connection control device is not in good working condition, the consumer shall, make repairs or replace the device within ninety-six (96) hours. If the consumer fails to comply the City of Terrace may shut off the water service or water services. Terrace Water Distribution & Sale - 6 - Bylaw No. 1326-1993 (Consolidated) (3) If a consumer fails to have a cross connection control device tested, the City may notify the consumer that the cross connection control device must be tested within ninety-six (96) hours of the consumer receiving the notice. (i) If a consumer fails to have a cross connection control device tested the City of Terrace may shut off the water service or water services until the cross connection control device has been tested and approved as required by 9 (f)(1) of this Bylaw. (ii) All annual tests shall be completed and submitted to the City of Terrace by March 1 of each year. 10. All buildings must have their own individual service pipe and said pipe shall be of an approved type of copper pipe or other material approved by regulation (BC Plumbing Code) between the curb stop and the buildings being served. 11. No owner or occupier of property shall sell or serve water to any other building or property than that for which the service connection was given. 12. Every applicant who shall make use of the Municipal Water System shall pay to the Collector of the City, on demand by the City, the sums of money in lawful money of Canada as specified in Schedule "B" attached hereto and forming part of this bylaw. Residential applicants will be billed for the calendar year on the annual property tax invoice and if payment is not made before the due date, there shall be payable a penalty of ten percent (10%) of the outstanding amount. 13. Non-residential applicants will be billed sixty (60) days prior to the payment due date for the quarter. Payment shall be made at the office of the City before closing time on the last working day of the quarter. If payment is not received by the time and due date, a ten percent (10%) penalty shall be charged on the current portion of the invoice. Any rates or fees payable by the owner or occupier, if unpaid on the thirty-first (31st) day of December in any year, shall be added to and form part of the taxes payable in respect of that land and shall be deemed to be taxes in arrears. 14. Every person connected to his own well system shall, upon connection being made to the Municipal Water System disconnect his premises from the said well system and such disconnection shall be a complete cut-off of the pipe serving the premises from the well and not by use of valve or series of valves, and reconnection of such well or other source shall be an offence under this Bylaw. Replaced by Bylaw #1483-1996 Replaced by Bylaw #1483-1996 Terrace Water Distribution & Sale - 7 - Bylaw No. 1326-1993 (Consolidated) 15. Failure to receive mail will not be recognized as a valid excuse for failing to pay water rates when due or to make such necessary alterations or repairs as may be required. TURN ONS AND TURN OFFS 16. (a) All applications for turn-off and turn-on of water shall be made on the Water Control Form. Service to any premises shall be accompanied by a fee of $30.00 each for a turn-off and $30.00 each for a turn-on. (b) Where the turn-off or turn-on is required at times other than normal working hours, the fee shall be twice the regular amount required. (c) Turn-ons and turn-offs, other than where an emergency exists, shall require a minimum of 48 hours notification. (d) Temporary water service shall be provided for premises under construction for a period of ninety (90) days, for a fee of $40.00. Regular water charges shall automatically apply at the end of the ninety-day (90) construction period. RECONNECTIONS 17. The reconnect fee payable under "Schedule A" shall only apply to those service lines reconnected to the original water lateral. 18. Where a property owner states that the connection to be made is a reconnect, the onus shall be upon the property owner to prove previous full payment of the connection fee required at the time of original installation. 19. Where a property owner requests a connection of larger water service line than that which was previously installed and connected, the property owner shall pay the fees outlined under "Schedule A" for the new service line so installed. METERING 20. (a) All commercial buildings shall have a water meter installed when their water service pipe is larger than 25 mm (1") as determined by the current edition of the B.C. Plumbing Code. (b) All commercial/residential mixed use shall have a water meter installed for the commercial portion when their water service pipe is larger than 25mm (1") as determined by the current edition of the B.C. Plumbing Code. If a meter is installed, the water service pipe has to be separated to isolate the residential use. Amended by Bylaw #2274-2023 Amended by Bylaw #2274-2023 Replaced by Bylaw #1434-1995 Terrace Water Distribution & Sale - 8 - Bylaw No. 1326-1993 (Consolidated) 21. All meters installed in accordance with this Bylaw shall be located in a convenient and easily accessible location, to the satisfaction of the Director of Engineering of the City and where such meters are permitted to be in a location that is normally locked, the City shall be supplied, free of charge, a key for the free and uninterrupted access to such location for the purpose of reading and/or maintaining such meters. 22. The property owner of any property being metered shall pay all costs of the required metering provided, however, the City of Terrace shall contribute an amount equal to one-half (1/2) the costs of any meter and such meter shall become part of and owned by the Municipal Waterworks System. 23. (a) The lawful representatives of the City of Terrace shall have the right of free access to any premises metered under this Bylaw for purpose of reading and/or maintaining any such meter. (b) If access to a meter for reading is postponed or curtailed by an owner or tenant, the City will bill the water quantity used based on the highest quarterly usage during the twelve (12) months preceding. (c) If a meter is tampered with or bypassed, the City of Terrace shall charge to the owner or tenant a fee equal to the amount of service charge and repairs, but in no case less than $100.00 (One hundred Dollars) and this charge will be added to the water utility charges. If a meter has been bypassed, the water utility charges will be based on the highest quarterly usage during the twelve (12) months preceding the bypass. PRESSURE REDUCING VALVES 24. All premises served by the Municipal water supply may be required to be served through a pressure reducing valve which is factory set or set with a seal to a pressure of not more than 550 kPa (or 80 pounds per square inch). 25. Existing serviced premises that have no pressure reducing valve prior to final adoption of this Bylaw may be required to have pressure reducing valves installed whenever a reconnection to municipal services is required, and/or whenever a major change or addition to the existing system is required. The cost for this installation will be the responsibility of the property owner. WATERING AND SPRINKLING 26. The Director of Engineering may from time to time place restrictions upon the usage of potable water for purposes other than normal internal domestic use and it shall be deemed to be an offence against this Bylaw where any person contravenes the provisions of the restrictions so imposed. Amended by Bylaw #1434-1995 Terrace Water Distribution & Sale - 9 - Bylaw No. 1326-1993 (Consolidated) TAMPERING 27. No person shall interfere or tamper with any fire hydrant, valve, stopcock, meter, water main, pipe or any other appurtenance which is the property of the Waterworks or interfere with any act or thing being done under authority of the person in charge of the Waterworks in the exercise of the power herein contained. 28. (a) In addition to any other penalty herein described, the City, through its lawful representative is hereby authorized and empowered to cause the disconnection of water service to any building or premises where: (i) There is evidence of tampering with any municipally owned parts of the water system; or where (ii) Any condition of the building plumbing system, the water service pipe or the building sewer is required to be repaired, altered, replaced, or rectified and such condition is not repaired, altered, replaced or rectified. (b) There shall be no claim against the City for any damages arising from the disconnection of water services to any building or premises made under the provisions of this section. PENALTY 29. Every person who offends against any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or violation of any of the provisions of this Bylaw, or neglects to do or refrains from doing anything to be done by this Bylaw or who does any act or thing which violates any of the provisions of this Bylaw shall be deemed to have committed an offence under this Bylaw. 30. Any person guilty of an infraction of this Bylaw shall be liable upon Summary Conviction to a minimum fine of $100.00 (ONE HUNDRED DOLLARS) and a maximum fine not exceeding $500.00 (FIVE HUNDRED DOLLARS). METRIC 31. Metric units are used for all measurements in this Bylaw. The approximate equivalent of those units in Imperial measure (feet, gallons, etc.) may be shown in brackets following each metric measurement, and such bracketed figures are included for convenience only and do not form part of this Bylaw. Terrace Water Distribution & Sale - 10 - Bylaw No. 1326-1993 (Consolidated) Added by Bylaw # 2247-2022 Added by Bylaw # 2247-2022 Added by Bylaw # 2247-2022 BULK WATER 32. Bulk water will be loaded at the City's bulk water loading station located at 5123 Graham Avenue and will not be obtained from any other location along the City's water distribution system. 33. A completed Bulk Water Fill Station Users Agreement is required and must be approved by the Public Works Manager. 34. The times available for loading bulk water and the applicable terms and conditions will be specified in the Bulk Water Fill Station Users Agreement and will be charged at rates set out in Schedule "B". 35. Water rates and service fees established in this Bylaw shall become effective on August 1st, 1993. 36. Terrace Water Distribution and Sale Bylaw No. 1148-1988 and all amendments thereto are hereby repealed. 37. This Bylaw may be cited as "Terrace Water Distribution and Sale Bylaw No. 1326-1993". This Bylaw is consolidated for convenience only. If discrepancies exist between this consolidation and the original bylaws, the original bylaws shall prevail. BYLAW NO. 1326-1993 READ a first time this 12th day of July, 1993. BYLAW NO. 1326-1993 READ a second time this 12th day of July, 1993. BYLAW NO. 1326-1993 READ a third time this 12th day of July, 1993. BYLAW NO. 1326-1993 ADOPTED this 26th day of July, 1993. ORIGINAL SIGNED BY "J. TALSTRA" Mayor ORIGINAL SIGNED BY "E.R. HALLSOR" Clerk-Administrator Terrace Water Distribution & Sale - 11 - Bylaw No. 1326-1993 (Consolidated) SCHEDULE "A" FEES TO TERRACE WATER DISTRIBUTION AND SALE BYLAW NO. 2274 - 2023 INSTALLATION OF A WATER LATERAL: - Basic charge for water service to the property line, COST PLUS including pavement cut and patch: ADMINISRATION CHARGES CONNECTION FEES: (When connected by the City of Terrace) - Water service COST PLUS ADMINISTRATION CHARGES SUBDIVISION LATERAL FEES: - Estimated fees for laterals to be included in Preliminary ESTIMATED Layout Review BY ENGINEERING WINTER CONSTRUCTION: - Any installation or connection done during COST PLUS the period November 1st - March 1st ADMINISTRATION CHARGES RE-CONNECTION: - Documentation & inspection fee will apply (see below) DOCUMENTATION & INSPECTION FEE: - Basic Charge $100.00 - Re-inspection (each as required) $100.00 Replaced by Bylaw #2274-2023 Terrace Water Distribution & Sale - 12 - Bylaw No. 1326-1993 (Consolidated) SCHEDULE "B" TO TERRACE WATER DISTRIBUTION AND SALE BYLAW NO. 2339 - 2026 WATER RATES (per month) These are minimum rates for unmetered premises. Premises that obtain their water supply through a meter will be charged the minimum charges under "CLASS D" below plus any consumption in excess of the minimum calculated under "Class G". Unmetered premises with more than one business or residence will be charged the minimum rate for each use. Commercial/residential mixed will be charged for each use: metered plus residential or unmetered plus residential. CLASS RATE APPLICABLE USE A $148.64 - Laundromats - Laundries - Dry Cleaners - Car Washes B $ 89.02 - Restaurants - Lounges - Beer Parlours - Drive-In Restaurants C $ 43.51 - Boarding Houses - Hotels - Motels - Plus charges under Class C2 or Class E C2 $ 5.18 - per room without cooking facilities D $ 21.72 - Institutional, Commercial and Office Buildings - Premises with Business Licences that are not otherwise classified - Churches E $ 16.35 - Residences - Apartments - Motel rooms with cooking facilities - Mobile Home pads - Trailer rental pads Replaced by Bylaw #2293-2024 #2324-2025 #2339-2026 Terrace Water Distribution & Sale - 13 - Bylaw No. 1326-1993 (Consolidated) CLASS RATE APPLICABLE USE F $ 5.13 - Serviced campsite or RV site (six months minimum charge per year) G $.362/m³ - All buildings which obtain their water supply through a water meter will be charged at $0.362 per m³ for any consumption greater than the minimum charges above. BULK WATER Truck or trailer capacity must be provided and billing will be based on 90% of total capacity for each unit. Tank Size Rate <5 m³ $25.00 per fill up >5 m³ $25.00 for the first 5 m³. All additional cubic meters per fill up will be charged at a rate of $3.00 per cubic meter. Terrace Water Distribution & Sale - 14 - Bylaw No. 1326-1993 (Consolidated) SCHEDULE "C" TO TERRACE WATER DISTRIBUTION AND SALE BYLAW NO. 1326-1993 CROSS CONNECTION CONTROL TESTING & INSPECTION REPORT Added by Bylaw #1782-2003