1674-99 Waterworks By-law — full text

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## TOWN OF WINKLER ## WATERWORKS BY-LAW NO. 1474-99 Being a By-law of the Town of Winkler to revise and consolidate certain By-laws relating to the operation and regulations of the Water Utility. - WHEREAS, Section 250 (1), 250 (2), 252 (1) and 252 (2) of the Municipal Act (L.M. 1996 c. 58 - Chap. M 225) provides, in part, that a municipality has the rights and is subject to the liabilities of a corporation and may exercise its powers for municipal purposes in order to own, operate and regulate a water utility including fixing of utility charges and the billing and collection thereof. - NOW THEREFORE be it said it is hereby passed and enacted as a By-law of the Town of Winkler, in Council duly assembled as follows: ## THE TOWN OF WINKLER, in Council assembled, enacts as follows: ## PART 1 ## SHORT TITLE - 1.1 Short Title - This By-law may be cited as the "Water By-law". ## PART 2 ## DEFINITIONS DEFINITIONS - Unless the context otherwise requires, whenever used in this By-law - 2.1 "application" means a contract, expressed or implied, for any of the customary services provided or supplied by, or in connection with the Water Works Utility. - 2.2 "Actual Cost" means the cost determined by the Water Utility and shall include the cost of labour, equipment and material together with applicable overhead charges. - 2.3 "Approved" means approved by the Water Utility in writing. - 2.4 " customary service(s)" means any work or service provided or supplied by the Water Works Utility in the performance of its normal function of a publicly owned and operated water utility. - " American Water Works Association" (AWWA) means a not-for-profit scientific and educational association dedicated to drinking water issues, presently headquartered in 6666 West Quincy Avenue, Denver, Colorado, 80235. - "Backflow Preventer" means an assembly or device which prevents the backflow or substances into the potable water supply and which has the approval of the Canadian Standards Association. - 2.7 "Billing Period" means the time between an actual and/or estimated meter readings. - 2.8 "Town" means the Town of Winkler. - 2.9 "Council" means the Council of the Town of Winkler. - "Cross Connection" means a connection or a potential connection between any part or a potable water system and any other environment containing other substances including gases, liquids and solids, in a manner which under any circumstance, would allow any such substance to enter the potable water system. - 2.11 "Cross Connection Control Tester's Licence" means the licence issued by the Water Utility to the person authorized to install, test or service a backflow preventer - 2.12 "Customer" means a property owner, tenant, occupant or person in charge or control of a premises, using or accepting any of the services provided or supplied by, or in connection with the Water Utility. - 2.13 "Deposit" means the payment in advance of a work or service to be rendered by the Water Utility. As applied to the supply of water, deposit means the payment required to cover the accrued expense incurred by the Water Utility to provide service for a said period. - "Designated Officer" means the Town's Director of Works and Operations or such other person as may be authorized in writing by said Directors of Works and Operations to exercise some or all of the powers vested in him by this By-law. - 2.15 "Fee" means a charge set by Council which may be revised from time to time by Resolution of Council. - 2.16 "Fire Protection Connection" means a water connection that provides water to a sprinkler system either of the wet or dry type, a standpipe, with or without attached hose, a fire hydrant, or any other apparatus of a fire protection system. - "Meter" means a mechanical or electronic instrument used to measure, record and transmit the flow or volume of water and includes the metering unit, register, counter and all interconnecting conduits, wires and other appurtenances. - 2.18 "Multiple Metering" means more than one meter installed by the Water Utility on a single water connection to a premises. - 2.19 "Owner" means a person who is an owner of a freehold estate in the Town and includes a person who is the owner of such an estate jointly with another person, and a person who is registered under The Condominium Act as owner, as defined in that Act, or a unit under that Act. - 2.20 "Person" means any person, firm, partnership, association, corporation, or company and shall also include any agent, worker, servant, or employee of such person, firm, partnership, association, corporation or company. - 2.21 "Premises" means any land or building or both or any part thereof. - 2.22 "Private Watermain" is any watermain installed on private property to serve more than one premises or more than one water connection. - 2.23 "Public Bulk Water Outlet" is a pipe or station established by the Water Utility to enable persons to fill containers and haul water to another location or premises. - 2.24 "Quarter" as a measure of time means approximately three calendar months, or a period of time between two meter reading dates, and may commence on any day of any month. - 2.25 "Regular Water Connection" means any water connection other than a fire protection connection. - 2.26 "Service(s)" means any supply of water, system, plant, works, hydrant, standpipe or equipment, operated or supplied by the Water Utility. - 2.27 "Single Family Residential" means an owner occupied single family dwelling or a duplex unit, one half or which is owner occupied. - 2.28 "Special Water Connection" means a water connection to land not fronting on a street wherein a watermain is constructed. - 2.29 "Standpipe" for fire protection means a riser pipe, normally wet or dry, exclusively for the supply of water to a fire fighting outlet. - 2.30 "Street" means all the lands within the boundaries of street property lines and/or any lane, easement or right-of-way belonging to the Town in which a water pipe may be located - 2.31 "Transportation By-law" means Town Transportation By-law as amended from time to time. - 2.32 "Utility" means any system, works, plant, pipe line, equipment, or service. - 2.33 "Water Connection" means any piping system that is connected to a watermain including any appurtenances at the point of connection to the watermain. - 2.34 "Water & Sewer Permit" means a permit issued by the Water Utility to the person(s) authorized to perform work on regular water connections from the watermain to the Water Utility's meter, fire protection connections from the watermain to the building wall, private watermains, hydrants, watermains and all appurtenances shall be installed, repaired, altered, serviced, disconnected, hydrostatically tested and disinfected. - 2.35 "Water Utility" means the system, works, plant, equipment and service for the supply, treatment, transport, delivery or furnishing of water and when applicable shall extend to and include the office of the Chief Administrative Officer and the management and employees of the Town under the jurisdiction of the Utilities Department for the Town having delegated authority from the said Chief Administrative Officer to administer and enforce this By-law. - 2.36 "Watermain" means any water pipe vested in or under the control of the Water Utility for the distribution of water. - 2.37 "Water Works System" means the Water Works Utility. ## PART 3 ## GENERAL ## 3.1 Administration and Control of Water Utility This By-law shall be administered by the Town's Chief Administrative Officer or such other person as may be authorized by the said Chief Administrative Officer to exercise some or all of the powers vested in him by this By-law. The Chief Administrative Officer shall have the control of the Water Utility of the Town including but not limited to the approval of the design and construction of all watermains, watermain connections and appurtenances and shall take charge of the construction and repairs of same and all matters in connection with the Water Utility of the Town. ## 3.2 Operation of Valves and Hydrants Water Utility valves and hydrants shall be operated by the Town Emergency Response Services and the Water Utility. Operation by any other person without written permission of the Water Utility is forbidden. ## 3.3 Right of Entry With the consent of the owner or occupant, or subject to any provision of the Municipal Act permitting entry without permission, the Water Utility shall have authority to enter upon any premises for the purposes of inspection, observation, measurement, and testing in accordance with the provisions of this By-law. ## 3.4 Not to Furnish Water No customer, except with the written consent of the Water Utility, shall sell water or furnish water to any other person or premises, or permit any other person to take water from said customer's premises except for water obtained from a Public Bulk Water Outlet in accordance with Section 3.11. ## 3.5 Waste of Water Prohibited Except by written permission of the Water Utility, no customer shall allow water to run longer than deemed necessary by the Water Utility through any outlet to prevent freezing or for any other purpose. The Water Utility may turn off the water or take other lawful action to prevent wastage of water. ## 3.6 Running Water Permitted Where freezing has been determined to be on the Town's portion of the water connection, the Water Utility may, in writing, instruct customers to run a limited amount of water to the sewer to prevent freezing of water connections and/or watermains. The customer will be credited by an amount deemed by the Water Utility to offset the cost for additional water consumed in this way. ## 3.7 Frozen Water Connections Where a water connection freezes on the customer's side of the Water Utility's control valve adjacent to the street line, the Water Utility may thaw the water connection and charge the customer the fee as set annually by resolution of Council. Written authority and waiver of liability in favour of the Water Utility are required in advance. The Water Utility may require that a water connection be protected from freezing by methods satisfactory to the Water Utility. Where an existing water connection becomes vulnerable by reason of change in street grade or private property grade, or other act, the party making the change shall be responsible for the cost of protection. ## 3.8 Water Utility May Direct Repair on Private Property The Water Utility may direct that the customer repair a water connection or any of its appurtenances on private property at the customer's cost. When a customer refuses to undertake the repair and the water connection and/or its appurtenances are known by the Water Utility not to be in satisfactory working order, the Water Utility may turn off the water. Where the water account is the responsibility of a tenant and the owner of a premises refuses to undertake a repair the Water Utility may place the water account in the owners name until such time as the Water Utility can confirm the repair. ## 3.9 Failure of Service The Water Utility shall not be liable for loss or damage by reason of low pressure or interruption or failure of water supply for any cause. The Water Utility shall not be liable for loss or damage resulting from supply of water of a quality not suitable for the customer's use. ## 3.10 Pressure Boosting Devices Where a customer requires constant supply pressure within prescribed limits, or a supply pressure exceeding that which exists at the customer's water connection, a boosting pump or other device may be installed by the customer at his expense upon approval of the Water Utility. ## 3.11 Public Bulk Water Outlets Where the Water Utility provides Public Bulk Water Outlets the rate charged for such water shall be set by resolution of Council for Public Bulk Water Outlets. ## 3.12 Water Haul Sanitation Persons drawing water from a Public Bulk Water Outlet within the Town must comply with the requirements of the Water Utility and the regulations of The Public Health Act. Such persons shall on demand provide proof, satisfactory to the Health Department having jurisdiction, that the water tank is in acceptable sanitary condition. ## 3.13 Right to Restrict Use of Water - 1) The Mayor, or such other person as may be authorized in writing, may impose restrictions on water use for lawn irrigation purposes during such time period, specified hours and within identified areas or locations as deemed necessary and expedient from time to time by it, or its designate, as the case may be. - 2) The Provisions of this By-law shall not apply to: 3. hand water of flower beds, shrubs or gardens, and 4. irrigation necessary to maintain the viability of lawns newly sodded or seeded in the same year as the most recent declaration made hereunder. 5. The imposing of restrictions on water use hereunder shall be implemented by a declaration of the Mayor or designated person, and the Mayor or designated person, shall inform the general public by: 6. issuing for immediate release a communiqué to the media announcing the declaration imposing water use restrictions. - 1) forthwith filing at the office of the Chief Administrative Officer of the Town, a signed and dated declaration that water use restrictions are in effect for the time period, specified hours and within areas or locations as more particularly set out herein; and ## PART 4 CONSTRUCTION, MAINTENANCE AND APPROVAL ## 4.1 Approval - No person shall establish, enlarge, install, repair, alter, connect to, disconnect from or abandon that part of any water connection, special water connection, fire protection connection, and private watermain between the point of connection to a watermain and the meter, without first submitting plans and specifications of the proposed works to the Water Utility and receiving its approval and securing such permits as are required. - 2) Such plans and specifications shall be acceptable to the Water Utility. ## 4.2 Interconnection To Other Sources The water supplied by the Water Utility shall be protected from all other sources of water or any substance in accordance with Part 5 of this By-law. ## 4.3 Interconnection of Water Connections Two or more water connections shall not be interconnected without the approval of the Water Utility. If two or more water connections are interconnected, approved devices shall be installed to prevent reverse flow of water from the premises. These devices shall be installed on each water connection. ## 4.4 Issuance of Permit No permit shall be issued under this By-law until - the application has been approved by the Water Utility, and - ii) the applicant has paid the permit fee as set annually by resolution of Council. ## 4.5 New Water Connections - (1) Application - The application shall be supplemented by any plans, specifications or other information as may be required by the Water Utility. - (2) New Water Connection Permit Fee - A permit fee as set annually by Council shall be payable at the time the application is filed. - (3) Single Connections - A single connection to the watermain shall be provided for each new detached building, unless approved by the Water Utility. - (4) Joint Use of a Water Connection - The owners of multiple unit buildings, multiple buildings on one property, multiple storey/multiple family buildings or detached dwellings serviced by one water connection to the Town watermain shall be jointly responsible for the operation, maintenance, repair and abandonment of the water connection. - (5) Restrictions - No water connection shall be constructed under or through an existing building nor shall a building be constructed over an existing water connection unless approved by the Water Utility. - (6) Permits May Be Revoked - All permits given to connect with a watermain, fire protection connection, private watermain or hydrant shall be upon the condition that the Water Utility may at any time revoke the same and the person making such connections or their successor in interest shall have no claim against the Town for damages in consequence of such permission being revoked or annulled - (7) Cost of Installation - The owner of a premises serviced by a water connection is responsible for the cost of installation from the watermain to the customer's premises. - (8) Special Water Connection - Upon application by the owner, the Water Utility may approve special water connections to properties not serviced by a fronting watermain provided that the owner pre-pay the full cost equivalent to the applicable local improvement rate of installing a watermain over the actual frontage of the owner's property or such portion thereof as determined by the Water Utility. Where a special water connection is approved by the Water Utility: - ii) The owner of any premises with a special water connection shall indemnify the Town against any damage, loss or expense incurred by the Town as a result of the construction, existence or removal of the special water connection. - The Town shall not be responsible for paying any cost of installing, maintaining or repairing the said special water connection. - ili) Where the property is located outside the local improvement district the owner shall pay a special sewer/water mill rate levy as approved by Council from time to time chargeable on the quarterly water bill. - If and when the Town constructs a watermain fronting such property, whether as a local improvement or otherwise, the Water Utility may require the owner at his own expense to abandon the special water connection in accordance with this By-law and connect to the Town watermain fronting on the property. - Water Utility's Control Valve Adjacent to the Property Line (Curb Stop) - An approved control valve and approved box shall be provided on all regular water connections adjacent to the property line or unless as approved by the Water Utility. The control valve shall be operated only by employees of the Water Utility and no other person shall tamper or interfere with such control valve. - (10) Customer's Control Valve - A control valve shall be placed within the building as close as practicable to the point at which the water connection enters the building. The customer's control valve shall be upstream of the meter. The customer shall maintain the control valve and ensure that it is accessible and in operable condition at all times. ## 4.6 Maintenance of Regular Water Connection The owner of a premises serviced by a regular water connection is responsible for the cost of maintenance, including replacement except for that portion from and including the Water Utility's control valve to the watermain. ## 4.7 Regulations on Construction All water connections shall be constructed and repaired in accordance with the requirements of this By-law and shall be subject to the inspection and approval of the Water Utility. - 4.8 Liability Insurance - Every person to whom a Water Connection Permit is issued under this By-law shall maintain an insurance certificate naming the Town as an insured party, indemnifying and saving harmless the Town from and against all accidents, suits and damages of whatsoever nature consequent thereupon for or by reason of any opening in any street by said applicant or said applicant's agents or employees for installing, repairing, altering or disconnecting a water connection, or for any other purpose or object whatsoever in the amounts of $1,000,000.00 covering personal injury and $1,000,000.00 covering property damage. ## 4.9 Specifications The installation, repair, alteration or disconnection of water connections, private watermains, watermains, and appurtenances thereto shall be completed in conformance with the requirements of The Manitoba Water Services Board Specifications and shall be to the satisfaction of the Water Utility and shall be in accordance with the following specifications: - (1) Types of Service Pipes - For all permanent construction only approved types of pipe and appurtenances shall be used. 2. Size - The size of water connection necessary to adequately serve the premises shall be approved by the Water Utility and no person shall install a connection other than the approved size. The minimum size permitted for any residential water connection is nineteen millimeters (19mm) inside diameter and for any other water connection twenty-five millimeters (25mm). 3. Depth - A water connection in the street or in private property, unless otherwise approved by the Water Utility, shall be placed with the top of the pipe not less than 2.50 meters below the surface on private property; not less than 2.75 meters and not more than 3.00 meters below the surface of the street unless otherwise authorized by the Water Utility. ## 4.10 Water Connection Permits - (1) No installation, repair, alteration or disconnection of a water connection in a street or in private property or private watermain shall be undertaken until a Water Connection Inspection Permit has been obtained on payment of the fee set annually by resolution of Council. A Water Connection Permit shall be issued only where a qualified Contractor performs the work. - (2) Water Utility May Revoke Permit - The Water Utility may revoke any permit issued if it deems that the person is not satisfactorily performing the work or is not satisfactorily complying with the requirements of this By-law or if the insurance requirements are not being met. - (3) Expiry of Permit - Every Water Connection Permit issued under the provisions of this By-law shall remain in force, for a period of one year from the date of issuance unless extended by the Town. ## 4.11 Inspection Construction or repair of any water connections, or abandonment of any water connection within the street right-of-way or in private property or private watermain, shall be inspected and approved by the Water Utility. The contractor must notify the Water Utility in the morning for inspections required in the afternoon or in the afternoon of the previous day for inspections required in the morning. For inspections after regular working hours including weekends and holidays, an additional fee as set annually by resolution of Council will be assessed. The following conditions will apply to inspections: - 1) No water connection excavation shall be backfilled until the water connection has been inspected and deemed satisfactory to the Water Utility. 2. Every deficiency shall be remedied by the contractor and thereafter shall be re-inspected before backfilling may be commenced. The re-inspection fee as set annually by resolution of Council shall be assessed for each and every re-inspection required. 3. Where repairs to a water connection have required excavation or where an existing water connection is required to be cut off and abandoned, no backfilling of the excavation shall be commenced until the work has been inspected and deemed satisfactory to the Water Utility. 4. iv) All backfilling and compaction shall be in accordance with the requirements of the Water Utility. - No water connection shall be turned on until the Water Utility is satisfied that the water connection conforms to the requirements of the Water Utility: ## 4.12 Abandonment of Water Connection and Private Watermain - (1) Abandonment - When, as determined by the Water Utility, a water connection or a private watermain is no longer required or in use or permissible, prior to issuing a demolition permit, all water connections and private watermains shall be disconnected at the watermain at the cost of the owner of the property served by the connections, subject to Clause 4.12(3) hereof. - (2) Charge to Taxes - Where it is required that a water connection or a private watermain be abandoned and it is not undertaken by the owner of the property served by the connection, the Town may undertake the work, and the cost, if not paid by the owner, may be added to the taxes on the property and collected in the same manner as ordinary municipal taxes. - (3) Abandonment of Water Connection Deposit - Where the owner of the property served by the water connection or private watermain proposes to reuse a water connection, a demolition permit may be issued, subject to the approval of the Water Utility without the required disconnection. The owner shall deposit with the Town a disconnection deposit as set annually by resolution of Council. Such deposit shall be returned to the owner if the water connection is subsequently reused or disconnected by the owner to the satisfaction of the Water Utility. The deposit may be used by the Town to pay the actual cost of disconnection when deemed necessary by the Water Utility. Any surplus remaining shall be returned to the owner and any expenditure in excess of the deposit, if not paid by the owner, may be added to the taxes on such property and collected in the same manner as ordinary municipal rates. Deposits will be returned to the current owner of the property on the date that disconnection is made or the water connection is reused. ## 4.13 Reuse of Water Connections No person shall reuse an existing water connection until having completed an Application For New Water Connection and paid the appropriate fee as set annually by resolution of Council. Water connections shall not be reused unless the owner can demonstrate to the satisfaction of the Water Utility that the water connection is structurally sound and conforms in all respects to the requirements of a new connection. ## 4.14 Plumbing Improvements The Town may direct plumbing or other sanitary improvements to be made in any building or property in accordance with provisions of the Manitoba Plumbing Code. The Town may charge a Plumbing Permit fee as set annually by resolution of Council. ## 4.15 Watermain Control Fee Where Water Utility staff are requested to attend or must attend for purposes of controlling a watermain or water connection for a licensed water contractor or other person that is not the result of defects in the water system, the Water Utility may charge a Watermain Control fee as set annually by resolution of Council. ## 4.16 Town May Make Water Connections and Repairs and Charge to Taxes If a person, having been duly required to connect any premises with a water connection or to make any repairs, reconstruction or replacement thereof or in connection therewith, neglects or refuses so to do, the Water Utility may make such connection or do such repairs, reconstruction or replacement. The cost thereof when certified by the Water Utility, if not paid, shall be added to the taxes on such property and collected in the same manner as ordinary municipal taxes. ## PART 5 BACKFLOW AND CROSS CONNECTION CONTROL ## 5.1 Cross Connections Prohibited No customer shall connect, cause to be connected, or allow to remain connected, any piping, fixture, fitting, container or appliance, in a manner which, under any circumstances, may potentially allow water, non-potable water or any substance to enter the Water Utility. ## 5.2 Backflow Prevention Where the Water Utility has determined a hazard(s) exists, or where the Water Utility does not have access to inspect the premises, the customer shall install a backflow preventer as approved by the Water Utility. ## 5.3 Notice to Correct If a condition is found to exist which is contrary to the aforesaid, the Water Utility shall give notice to the customer to correct the fault at the customer's own expense within a specified time. ## 5.4 Failure to Comply If the customer fails to comply with such notice, the Water Utility may undertake one or more of the following: - Turn off the supply of water. Where the supply of water has been turned off to enforce compliance with this requirement, the Water Utility may charge a service visit fee as set annually by Council where water service is restored to such premises. - її) With the consent of the customer, enter the premises and do the work required to protect the quality of the potable water. The cost incurred by the Water Utility in undertaking this work shall be paid by the customer to the Water Utility. Such cost, if not paid by the customer, may be added to taxes on such property and collected in the same manner as ordinary municipal rates. ## ili) Proceed under Part 12.3 Offenses and Penalties - iv) Notwithstanding the foregoing, where, in the opinion of the Designated Officer, a severe hazard exists, the customer shall install on his water service pipe a cross connection control device approved by the Designated Officer in addition to the cross connection control devices installed on the customer's water piping at the source of potential contamination. ## 5.5 Device Testing The customer shall have all testable backflow preventers tested by a licensed Cross Connection Control Tester. Such test shall be done upon installation, repair, and thereafter annually, or more often if required by the Water Utility to demonstrate that the backflow preventer is in good working condition. The customer shall submit within thirty (30) days a report on such tests on a form approved by the Water Utility. A certificate of compliance acceptable to the Water Utility shall be displayed on or adjacent to the said device. ## 5.6 Repairs If a backflow preventer is not in good working condition, the customer shall make repairs or replace the backflow preventer and notify the Utility in writing within 96 hours, or other specified period, that repairs or replacement is complete and that the device is in good working condition, and if the customer fails to comply, the Water Utility may impose penalties under 5.4 Failure to Comply. ## 5.7 Failure to Test Should a customer fail to have a testable backflow preventer tested, the said backflow preventer shall be deemed defective and the Water Utility may impose penalties under 5.4 Failure to Comply. ## 5.8 No Water Turn On No water connection shall be turned on until the Water Utility is satisfied that the connection conforms to cross connection control. ## 5.9 Cross Connection Control Licensing - (1) Water Utility May Revoke Licence - The Water Utility may revoke any Cross Connection Control Tester's Licence issued if it deems that the person is not satisfactorily performing the work or is not satisfactorily complying with the requirement of this By-law. - (2) Expiry of Licence - Every Cross Connection Control Tester's Licence issued under the provisions of this By-law shall remain in force, until the first day of January next succeeding the issue thereof unless it is revoked. - (3) Licence Fee - No Cross Connection Control Tester's Licence shall be issued by the Water Utility until the applicant has paid the fee as set annually by resolution of Council. ## PART 6 ## 6.1 Rates and Charges Water service charges shall be as determined annually by resolution of Council. Water rates may be subject to Public Utility Board review and are set by a separate By-law establishing water and sewer rates. ## 6.2 Deposits The Water Utility may charge a deposit as required by this By-law. No interest shall accrue or be paid on such deposit. ## i) For the Supply of Water The deposit to be charged for a premises may be based on: a) an estimation of the water to be consumed quarterly, or other period at the said premises. b) or from any other information or source available. ## 6.3 All Water Connections to be Metered A sealed water meter shall be installed on each water connection. A meter may not be required on a fire protection connection. The Water Utility may require sealed detector check valves, approved backflow preventers and /or sealed meters on fire protection connections. ## 6.4 Metering i) For establishing the volume of water consumption, the Town owned and supplied water meter to a maximum size of 20mm shall be used. ii) Where a person requests testing of the Town water meter, a meter test fee, as set annually by resolution of Council, will be charged. If the meter test results show that the water meter was over registering outside of the current specifications of the American Water Works Association, the meter test fee will be refunded. iii) Multiple Metering - Where multiple meters exist the current owner of the premises shall be responsible for: any errors in consumption by individual customers resulting from plumbing connections, damage to meters, loss of meters, or the illegal use of water, or any other reason, and for the payment of overdue water accounts. ## WATER RATES & SERVICE CHARGES ## 6.5 Request for Meter Reading Where a meter reading has been requested, the customer shall be responsible for reading the meter and reporting the reading to the Water Utility. ## 6.6 Access to Water Meter Upon notification by the Water Utility, the customer shall arrange, at least once a year, to have a Water Utility employee read the Water Utility's meters). Where the Water Utility has been denied access to the water meter for the purposes of reading, inspection, installation, or removal, the Water Utility may turn off the water to the premises. ## 6.7 Tampering of Meter Prohibited No person shall alter or damage any water meter or seal placed by the Water Utility upon any water connection, including well and river source connections, so as to alter the amount of water registered, unless authorized in writing by the Water Utility. ## 6.8 Units of Measurement Where meters recording imperial gallons are used, they shall be read to the nearest hundred gallons. ## 6.9 Estimated Billing Where a meter has been removed, or the seal has been broken, or the meter is out of proper working order, or the scheduled reading is not obtained, or where no meter is installed, the Water Utility shall estimate the consumption of water used for any period. The estimate shall be based on the amount of water consumed for any period during the time the meter was working, or from any other information or source available, and such estimate shall be the basis for billing. ## 6.10 Consecutive Estimated Billings Where no actual meter reading has been obtained for two or more consecutive billing periods, the Water Utility may increase the estimate of the consumption billed or turn off the water to the premises. ## 6.11 Water for Construction Purposes Charges for water services required for construction purposes shall be determined by the Designated Officer. ## 6.12 Billing Period(s) The Water Utility may set the billing period to monthly, quarterly or other and may bill for intervening periods. There shall be a service charge based on the meter size for a premises. ## 6.13 Payments All payments of charges and other services may be made at the Water Utility's office, designated agents or financial institutions, if paid not later than the due date on the bill ## 6.14 Overdue Accounts Overdue payments must be made at the Water Utility's office designated on the bill. Overdue accounts may be subject to interest charges as set annually by resolution of Council. ## 6.15 Transfer of Indebtedness Where a customer has terminated the water service contract at a premises and is reapplying for water service at a different location with in the Town, any indebtedness or credits shall be transferred as though there had been no change in premises. The Water Utility may transfer to the water account of a person's principal residence any indebtedness incurred for water service at another premises owned by the customer. ## 6.16 Remedies for Default in Payment Where there is a default in payment of any rates, service charges, or penalties provided for under this By-law, the Town may enforce payment by shutting off the supply of water or by suit at law before any court of competent jurisdiction or by distress and sale of the goods and chattels of the occupant of the property in which such water or service is consumed or used, or of any goods and chattels in the occupant's possession wherever they be found within the Town, such distress and sale to be levied and made in the same manner, so far as may be, as a distress and sale by law on a tenant for rent, and to provide that all such rates and penalties until paid shall be a lien on such property, and that in the case of rates, penalties and charges for water supplied or services rendered in connection with the Water Utility, the same may be added to the taxes on such property and collected in the same manner as ordinary municipal rates. ## 6.17 Service Visit Fee Where Water Utility staff are requested to attend or must attend a customer's premises or other location for purposes of shutting off water for any reason, for providing advice or for any other reason that is not the result of deficiencies or defects in the water works system, the Water Utility may charge a Service Visit fee as set annually by resolution of Council. ## 7.1 Supply and Replacement The Water Utility shall supply and install sealed meters up to 20mm in size and may at its discretion replace the meter. Meters over 20mm in size shall be supplied by the Applicant and shall confirm with the Town standards. ## 7.2 Size The Water Utility shall determine the size of the meters) to be installed on any water connection in any premises. The customer shall supply any information that the Water Utility requires for sizing of meters. ## 7.3 Location and Accessibility The customer shall provide sufficient space as close as possible to the control valve in the building or premises to accommodate a meter in a horizontal position along with any required backflow preventer, strainer, flow straightening device or testing apparatus. The customer must at all times have the meter accessible so that it may be readily and safely examined, read, repaired, removed or replaced by the Water Utility. ## 7.4 No Branch Except on Outlet Side of Meter Except as otherwise provided by this By-law, no branch shall be taken off any regular water connection other than on the outlet side of the meter. ## 7.5 By-pass of Meter A by-pass around the meter shall be provided by and at the expense of the customer on water connections fifty millimeters (50mm) in diameter and larger and the water connection shall be so valved that the meter can be removed for repairs of for testing and water supply to the premises maintained. There shall be a sealable valve on the by-pass which shall be sealed by the Water Utility and the seal shall not be broken except in case of a leak or stoppage in the meter or connections. Any person who breaks or authorizes the breaking of a seal shall notify the Water Utility within six hours. All by-pass installations for connections less than 50mm must be authorized by the Water Utility. ## 7.6 Multiple Metering - Residential In the case of a building containing six (6) or less dwelling units, the Water Utility may, upon request of the owner, provide an individual meter for each dwelling unit, read it and submit a separate account. When such multiple metering is provided, the owner shall: 1) complete an application for each meter and shall file with the Water Utility a plan of the building plumbing; ii) pay the permit fee as set annually by resolution of Council; iii) shall ensure supply of water to each dwelling unit is separate from all other dwelling units. Provide sufficient space at a single location as close as possible to the customer's control valve in the building for the installation of the required bank of meters or provide a customer control valve in each dwelling unit, make provision for the installation of the meter in a horizontal position, where they may be easily read and are readily accessible for removal, repair or replacement; iv) provide unrestricted access by the Water Utility to inspect the portion of plumbing between the customer control valve and the point where the water connection enters the building; v) render the meters readily accessible to Water Utility employees at all reasonable times; ## 7.7 Multiple Metering - Commercial/Industrial In the case of a premises containing a number of units or other subdivision, the Water Utility may, upon request of the owner, provide individual metering for each subdivision, read it and submit a separate account. When such multiple metering is provided, the owner shall: i) complete an application for each meter and shall file with the Water Utility a plan of the building plumbing; il) pay the permit fee as set annually by resolution of Council; ili) provide sufficient space at a single location as close as possible to the customer's control valve in the building for the installation of the required bank of meters in a horizontal position, where they may be easily read and are readily accessible for removal, repair or replacement; iv) provide adequate facilities for proper designation of the subdivision supplied by each meter for billing purposes; v) render the meters readily accessible to Water Utility employees at all reasonable times; vi) or provide an automated meter reading alternative acceptable to the Water Utility. ## 7.8 Private Meters Should any owner wish to charge tenants for water used, the Water Utility may allow private meters to be installed. However, under no circumstances shall an owner charge tenants more than the amount paid to the Water Utility as measured by the Water Utility's meter. The owner shall be responsible for installation, cost and maintenance of the private water meter in accordance with the American Water Works Association standards and specifications for water meters. ## 7.9 Water Utility to be Notified of Failure of Meter In the case of breakage, stoppage or irregularity in a water meter, the customer shall notify the Water Utility immediately upon such condition being discovered. All installation, repair and disconnection of any water meter shall be undertaken only by the Water Utility or its authorized agents. ## 7.10 Protection of Meters from Heat and Cold (1) Heat - A hot water system at any premises shall be so constructed that backflow of hot water will not damage any water meter. Cold - Every customer shall maintain the space where the water connection enters the premises and where any water meter is situated, at a temperature sufficient to prevent the water connection and meter of the Water Utility from being damaged by freezing ## 7.11 Lost or Damaged Meter Should a water meter be lost for any reason or should it be damaged by heat, cold, vandalism, theft or any other act whatsoever, the Water Utility will repair or replace same. The repair or replacement cost shall be paid by the customer in accordance with rates set annually by resolution of Council. ## PART 8 APPLICATION FOR WATER SERVICE ## 8.1 Existing Service A customer requiring service where there is an existing regular water connection shall apply to the Water Utility in writing, in person or by phone and such application upon acceptance by the Water Utility shall form a contract for the service. An initial meter reading shall be provided on the day that the service is commenced. ## 8.2 New Water Service A customer requiring a new regular water connection shall apply on the prescribed form and pay the required fee as set annually by resolution of Council. Acceptance of the application by the Water Utility constitutes a contract. In special instances and for connections over twenty-five millimeters (25mm) in diameter, a set of drawings acceptable to the Water Utility shall be submitted showing the proposed points of connection to the watermain, and internal water lines, with proposed metering and backflow preventers as required. ## 8.3 Multiple Tenants When premises are or will be occupied by two or more tenants, the application for water service shall be made by the owner who shall be responsible for payment of all Water Utility charges. ## 8.4 Subdivision of Premises In the event that single premises are subdivided into multiple premises each having separate title, the owners of each such premises are deemed to be new customers and shall apply to the Water Utility for water service and shall complete such agreements as required by the Water Utility. ## PART 9 INTERRUPTION OR TERMINATION OF WATER SUPPLY ## 9.1 Water Utility May Turn Off Water The Water Utility may turn off the water supply to a premises when necessary to service or protect all or any part of the Water Utility and when practicable will give advance notice to such customer. The Water Utility shall not be liable for loss or damage incurred by reason of low pressure, water quality or interruption of the water supply. ## 9.2 Temporary Water Supply Upon the request of a customer the Water Utility may, where practicable, install and maintain a temporary water supply. The customer shall pay all costs associated with the installation, maintenance and removal of such temporary water supply including water consumed. ## 9.3 Additional Facilities Wherever a more reliable water supply is desired by the customer, the Water Utility may allow in accordance with Part 4, one of the following alternative connections, unless otherwise approved: - i) Two separate connections to separate watermains, or 2. ii) Two separate connections to the same watermain with a main valve between the connections, or 3. ili) One connection to a watermain with main valves on each side of the connection. ## 9.4 Water Turn-Off A customer shall provide a final meter reading and notify the Water Utility immediately when water is no longer required at a premises. ## 9.5 Disposition of Deposit Upon termination of the water service contract the customer shall be rendered a finalized account showing the disposition of the deposit where applicable. ## PART 10 FIRE HYDRANTS ## 10.1 Unauthorized Use Prohibited The use of fire hydrants by other than the Town Emergency Response Services for fire fighting purposes or by the Water Utility for testing and maintenance purposes is strictly prohibited, except for persons authorized by the Water Utility as provided herein. ## 10.2 Permits for Use The Water Utility may allow water to be obtained and volume measured from a fire hydrant where no other supply can reasonably be obtained. A person shall make written application to the Water Utility for a permit for each individual hydrant, prior to the use of any hydrant. At the time of application the applicant shall pay the permit fee as set annually by resolution of Council. Where a water meter is required, the applicant may rent a meter upon payment of the fee as set annually by Council. The applicant shall pay for water used at the rate set by Council. The permittee or employees or agents of said permittee shall have said permit available for inspection each time water is obtained from a hydrant and shall install devices on the hydrant as required by the Water Utility to identify the permittee, permit number, location and other information required by the Water Utility. ## 10.3 Protection Required The permittee shall protect the water meter supplied by the Water Utility and shall provide, install and maintain an approved backflow preventer and valves to the satisfaction of the Water Utility. ## 10.4 Water Utility Controls the Use The Water Utility shall prescribe terms and conditions for the use of hydrants and may revoke a fire hydrant permit at any time. The permittee shall not operate the hydrant valve or the hydrant which is to be operated by the Water Utility only. The permittee will be assessed the costs of any repairs to the hydrant or water system caused by use of such hydrant. ## 10.5 Cold Weather Every person authorized to use fire hydrants for purposes other than fire fighting between the first day of November of any year and the fifteenth day of May of the year next following shall notify the Water Utility immediately of such use. ## 10.6 Fire Hydrant Flow Test Information A qualified person may perform a hydrant flow test for a specific location subject to the approval of the Water Utility. The Water Utility may charge a fee to persons performing tests. ## 10.7 Relocation or Adjustment of Fire Hydrants Where an existing hydrant interferes with an owner's use or proposed use of the premises, the hydrant may be relocated, raised or lowered by the Water Utility or by a qualified contractor having a permit from the Water Utility at the expense of the property owner as approved by the Water Utility. ## 10.8 Private Hydrants One or more fire hydrants may be connected to a fire protection connection when approved by the Water Utility. Connection other than for fire fighting shall be metered and protected in accordance with Part 5. Addition of chemicals for cold weather protection is not allowed. ## 10.9 Obstruction of Hydrants Nothing shall be constructed, erected or planted which interferes or is liable to interfere with the use of a fire hydrant. Sufficient clearance shall be maintained adjacent to every hydrant to permit easy connection of hoses and complete operation of such hydrant from all directions using regular hydrant wrenches and hose spanners. ## PART 11 FIRE PROTECTION CONNECTIONS ## 11.1 Fire Service Connections A fire service connection shall include a direct or indirect pipe line connection to the Water Works Utility watermain for the purpose of providing a supply of water to a sprinkler system, either of the wet or dry type, a standpipe with or without attached hose, and a private fire hydrant or any other apparatus or fire protection system, for the purpose of extinguishing fires in a building or other premises. Connections for public fire protection provided by the Water Works Utility are not included. ## 11.2 Application Any person making application for a fire protection connection or for the reuse of an existing fire protection connection for any premises shall in each case file with the Water Utility a set of plans and specifications sealed by a Professional Engineer licensed to practice in the Province of Manitoba showing the location and size of any buildings, fire hose outlets and standpipes, private fire hydrants, sprinkler heads, valves, backflow preventers, pipes, tanks, pumps and other appurtenances. The application fee for a fire protection connection and the Water Connection Permit Fee as set annually by resolution of Council will be charged. The cost of the installation of such fire protection connection shall be paid entirely by the applicant. ## 11.3 Size The size and point of connection of each fire protection connection shall be approved by the Water Utility and shall depend on the size of the watermain, the available flow or pressure in the watermain and the nature and capacity of the fire protection equipment in the premises to be serviced. Unless otherwise approved, the diameter of the fire protection connection shall not be larger than the diameter of the watermain. Additional protection, where required, shall be provided by an additional fire protection connection. ## 11.4 Control Valves) The control valve for a fire protection connection shall be adjacent to the Water Utility watermain unless otherwise approved. ## 11.5 Regulations for Fire Protection Connections (1) No Other Use - No water shall be drawn from a fire protection connection for any purpose whatsoever except for extinguishing a fire or for the testing of the system by the Water Utility or by a person authorized by the Water Utility, except as provided by Section 11.4(5). May Be Sealed - A valve on a hose outlet or any other appurtenance forming part of a fire protection connection shall be of such a type that it may be sealed by the Water Utility, and whenever any such sealed valve is opened, the customer shall notify the Water Utility within six hours so that the same may be resealed. (3) A closed sprinkler system, both wet or dry, shall be supplied by a separate line direct from the watermain in the street, or by a single combined Fire Stand Pipe and Sprinkler service line. Where a sprinkler system containing less than 9 sprinkler heads is installed to protect against special hazard(s) in an otherwise unsprinklered building, such system may be connected to the regular metered water supply, providing that the water supply is adequate to supply the number of sprinklers. A fire standpipe may be supplied by a separate line direct from the watermain in the street or by a single combined Fire and Domestic service line. In the latter case, the fire standpipe connection shall be made on the watermain side of the water meter. Every fire standpipe service shall be provided at the expense of the owner and shall have an approved detector check valve complete with a detector meter and check valve on the detector meter line. Sprinklers in Existing Premises - An auxiliary fire sprinkler system, in conformance with the Manitoba Plumbing Code, which may be connected to a regular water connection in an existing premises, with the approval of the Water Utility. Capacity of the regular water connection for combined use shall be verified in writing by a Registered Professional Engineer prior to approval of the connection being given. Such sprinkler systems shall be fitted with an approved backflow preventer. (6) Maintenance of Fire Protection Connections - A customer served by a fire protection connection shall: i) maintain in good working order any sprinkler system, standpipe, hydrant or other fire protection apparatus or appurtenance; ii) bear the cost of repairing, renewing, altering or removing any such fire protection connection including the fire protection connection control valve adjacent to the watermain as well as the tee or tapping sleeve, as may be required by the Water Utility. A single family residential dwelling customer shall be responsible for the fire protection connection on private property only; - iii) restore to a condition satisfactory to the Water Utility any street or works contained therein that may be damaged as a result of any work undertaken by the customer or as a result of water leakage from such fire protection connection. - (7) Domestic Use of Fire Protection Connection - Under special circumstances, as approved by the Water Utility, a regular water connection may be connected to a suitably sized fire protection connection provided that: - i) a backflow preventer is installed on the fire protection connection; - ii) the connection of a regular water connection does not negatively impact the performance of any fire sprinkler or standpipe system, including a system's original design criteria and/or water flow requirements; - ili) the customer engages a Registered Professional Engineer, skilled in the appropriate area of work, to assess the impact of connecting a regular water connection to a fire protection connection; - iv) the regular water connection shall be metered Where such a combined fire and regular water connection is installed, all rates, fees and licences required shall be charged as a fire protection connection and the customer shall be responsible for maintenance costs in accordance with Section 11.4(4) ## PART 12 ## 12.1 Enforcement The Water Utility may direct a person to remedy any condition that contravenes or fails to comply with this By-law ## 12.2 Water Utility May Turn Off Supply The Water Utility may turn off the supply of water to any premises: - i) to prevent contamination of the water supply or distribution system; 2. ii) to prevent resale or use of water from another premises; 3. ili) to prevent waste of water or excessive use of water; 4. iv) to eliminate theft of water; - v) to remedy an improper water connection; 6. vi) to enforce the undertaking of repairs to a water connection 7. vii) to enforce payment of a delinquent account; 8. vili) to obtain a meter reading after two or more consecutive estimated readings; 9. ix) to enforce the changing of a non-working meter; - x) to enforce the replacement of the water meter. ## 12.3 Penalties for Offences Any person who - (1) (a) lays or causes to be laid any pipe or main to communicate with any pipe or main of the Town's Water Utility, or in any way obtains or uses any water thereof, without the consent of the Town; 2. (b) willfully or maliciously hinders or interrupts, or causes or procures to be hindered or interrupted, the Town or its servants, agents, contractors, or workmen, or any of them, in the exercise of the powers and authorities granted herein as to water works, plant, or equipment or water supply; or 3. (c) willfully or maliciously lets off or discharges any water so that it runs waste or useless out of the Water Utility; or ## ENFORCEMENT, PENALTIES AND APPEALS (d) throws or deposits any injurious, noisome, or offensive matter into the water or the Town's Water Utility or upon the ice, or in any way fouls them or commits any willful damage or injury to the Town's Water Utility or water, or encourages any of those things to be done; (e) bathes or washes, or cleanses any cloth, wool, leather, skin, or animal, or places any nursance or offensive thing, in any lake, river, pond, source, or fountain from which the water of the Town is obtained and within one mile from the source of supply for the Water Utility; or (f) conveys, casts, throws, or puts, any filth, dirt, dead carcasses, or other noisome or offensive thing in any of the waters mentioned in clause (a) and within the distance therein mentioned from the source of supply; or (g) causes, permits, or suffers, the water of any sink, sewer, or drain to run or to be conveyed into any of the waters mentioned in this clause; or (h) causes any other thing to be done whereby the waters mentioned in clause (a) may in anywise be tainted or fouled; or (i) contravenes or disobeys, or refuses or neglects or causes a person to contravene or disobey or to refuse or to neglect to obey any provision of this By-law, is guilty of an offence and liable to a fine not exceeding $5,000 in the case of a corporation or, in the case of an individual, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or both, and the person is also liable to the Water Utility for any damage done by the person. (2) Where an offense occurs under this By-law and continues for more than one day, the person is guilty of a separate offense for each day it continues. ## 12.4 Appeal Any person who is aggrieved by the requirements of this By-law may file an appeal with the Chief Administrative Officer, subject to the payment of the appropriate fee as set annually by resolution of Council, which appeal shall be heard by the Utilities Committee of the Town whose decision on the matter shall be final and binding. The fee will be refunded if the appeal is successful. ## PART 13 ## 13.1 Repeals All By-laws and By-law amendments passed prior hereto by the Town of Winkler and still in force, relating to the regulation of the Water Utility, shall hereinafter cease to have effect and without limiting the generality of this section, By-law 630/65 and amendments thereto made from time to time, are hereby repealed ## 13.2 Severability If any provision of this By-law is held to be invalid by any court of competent jurisdiction the remaining provisions of this By-law shall not be invalidated. ## 13.3 Effective Date DONE AND PASSED in Council assembled this 25TH day of JAN. A.D. 7000.   Mayor I.V. Anderson Chief Administrative Officer Read a first time this 29Th day of DECEMBER 1999 Read a second time this 29 TH Read a third time this 25™H day of JANUARY 2000 day of DECEMBER 1999 ## REPEALS AND SEVERABILITY  ## UTILITIES PERMIT FEES: | | | 1999 | 2000 | |--------------------------------------------------------------------------|------|---------|-----------| | 1. W & S (preserviced by Town) | | 1100 | 1100 | | 2. W & S (preserviced by Developer) | | 190 | 190 | | 3. Water only, incl. Water meter | - | 190 | 190 | | 4. Sewer only | | | 190 | | 5. Commercial (w/o Water meter) | | 190 | 190 | | 6. Reconnect pre-existing service | - | 190 | 190 | | 7. Fire line protection connection | | -- | 190 | | Disconnection deposit | | -- | 1000 | | 9. Inspection fee | | | | | for after hours, weekends & holidays | | | 45(min) | | 10. Re-inspection fee | | | 25 | | 11. Service visit | | | | | a) operate supply of water (curb stop) | | | | | b) after normal hours | | | | | c) re-install water meter | | | | | d) quality control inspection | 1 II | | | | 12. Thaw frozen water connection | | | | | Thaw frozen water connection after normal hours | | | | | 13. Change of ownership | | 10 | | | 14. Water control fee | | | 50 | | operate valves | | -- | | | 15. Water meter repair a) replace frost plate | | | | | b) replace remote (non warranty) | | | | | c) replace meter (non warranty) d) install new remote | | | | | e) meter check (requested by Owner) | | | | | 16. Hydrant Use Permit (annual) 17. - Bulk water 1000/gal | : | | | | 18. - Fire hose use (100ft) | | | 3 | | 20. Lagoon dumping fee - annual fee | | | | | 19. Plumbing Permit (per fixture) | : | | 500 | | - or per load | | | 20 | | 21. Special sewer/water mill rate - levy outside L.I.D. | : | | 3 mills | | 22. Special Frontage Levy for W & S Max. frontage 150ft x 10 years | | | 3.50/ft | | (Cargill. Eastview. Pembina East from East limit of P1 1289 to Eastview) | | | | | 23. By-law fine for non-compliance | | | | | Water By-law | | 200/day | 1000/5000 | | Sewer By-law 1548-95 | | 200/day | | | 24. By-law appeal | : | - | 100 | ## TOWN OF WINKLER *************************************************************************** ITEM: Utilities Permit Fees & Rates NO. A *************************************************************************** ISSUED: January 2000 REPLACES: March 1999 PAGE 3 *************************************************************************** ## SCHEDULE "C"