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N OF THE TOì,VN OF COBOIJRG
MBER 049_2011
A BY.LAW TO PROVIDE FOR THE REGULATION OF WATER
SUPPLY IN THE TOWN OF COBOURG
WHEREAS pursuant to section 1 1 of the Municipal Act, s.o. 2001
c.25, which provides that a municipality may pass by-laws respecting
services including public utilities;
AND WHEREAS public utirities include a system used to provide
water services for the public;
AND WHEREAS The corporation of the Town of cobourg is a
municipality and owns and operates a water supply and distribution
system;
AND wHERËAs section B(1) of the Municipal Act, zo01 provides
that the powers of a municipality shall be interpreted broadly so as to
confer broad authority on the municipality to enable it to govern its
affairs, as it considers appropriate and to enhance its ability to
respond to municipal issues;
AND V1/HEREAS the council of rhe corporation of the Town of
cobourg wishes to regulate the operation of the water supply and
distribution system and every other matter or thing relatbd to or
connected therewith that it may be necessary or proper to regulate,
in order to secure to the inhabitants of the municipaiity a con-tinued
and abundant supply of potable water and to prevent the practicing
of frauds upon the Town with regard to the water so supplied and for
providing that for a contravention of any such by-law the offender is
guilty of an offence:
AND WHEREAS the councir of rhe corporation of the Town of
cobourg fairly distributes the Monthly consumption charges among
all rown customers; it is in the best interest of all rown õustomers,
that the Town encourages potable water conservation.
Now THEREFORE the Municipal council of the corporation of the
Town of Cobourg enacts as follows:
SHORT TITLE
The short title of this By-Law is the ,,Water By-Law,,.
1"1
Water Conservation By-taw
-*-*
Btrãw No. 04'ö:ãôiì-
2.
DEFINITIONS
2.1 For the purposes of this By-Law, the following definitions shall apply:
"Apartment Building" shall mean a building or part thereof consisting
of three or more dwelling units which have a common entrance from
the street level, and the occupants of which have the right to use in
common, halls and/ or stairs and/ or elevators and yards, but does
not include a boarding or rooming house, bed and breakfast
establishment, motel or hotel.
"AWWA" shall mean the American water works Association.
"Building" shall mean a structure supplied with potable water by the
Town of Cobourg.
"Backflow preventer or prevention device" means a device that
prevents backflow, as further defined in the Ontario Building Code
(O.Res 350/06).
"contractor" shall mean a person, partnership, or corporation who
contracts to undertake the execution of work commissioned by the
property owner or the Town to install or maintain mains, private
mains, water services, hydrants and other appurtenances.
"cross connection" shail mean any temporary, permanent or
potential water connection that may allow backflow of contaminants,
pollutants, infectious agents, other material or substance that will
change the water quality in the waten¡vorks distribution system and
includes swivel or changeover devices, removable sectioñs, jumper
connections and bypass arrangements.
"customer" shall mean any person who enters into a verbal or
written agreement with the Town of cobourg for the supply of
potable water to any property including but not limited to any
dwelling unit serviced by the Cobourg watenruorks distribution
system, located within the Town of cobourg and the Township of
Hamilton.
"Discharge", when used as a verb, includes add, deposit, leak or
emit and, when used as a noun, includes addition, deposit, emission
or leak.
"Dwelling unit" shall mean one or more habitable rooms occupied or
capable of being occupied by an indiv2idual, individuals or family as
an independent and separate housekeeping establishment, with
separate kitchen and sanitary facilities provided for the use of such
individual, individuals or family, with its own private entrance, but
does not include a trailer, singre-wide mobile home or tent.
"External use of water" shail mean the use of water for any purpose
outside the walls of any building or dwelling unit locáted at a
municipal address.
Water Conservation By-law
By-law No. 049-2011
"Fire protection suppression system" shall mean a fixed system
designed to extinguish a fire or substantially reduce the heat rélease
rate of the fire.
"Hydrant" shall mean a valved connection on a water supply system
having one or more outlets and that is used to supply hose ano f¡re
department pumpers with water.
"Larìd" means surface land not enclosed in a building, land covered
by water and all subsoil, or any combination or part thereof.
"Main" shall mean every water pipe, except services and portions of
private mains as herein defined, installed on the public road
allowance or on any other land upon which the Town has obtained
easements.
"Meter" shall mean the water meter supplied and owned by the Town
to measure the quantity of water used by the customer.
"Monthly consumption charge" shall mean a charge based on water
consumption during the billing month.
"NFPA" shall mean the Nationar Fire protection Association.
"operating Authority" means, in respect of a drinking water system,
the person or entity that is given responsibility by the owner ior the
operation, management, maintenance or alteration of the system;
the "operating entity" for the purposes' of this By-Law shall mean
Lakefront utility services lnc acting as an agent orine corporation of
the Town of Cobourg.
"occupant" shall include any ressee, tenant, owner, the agent of a
lessee, tenant or owner, or any person in possession of Jdwelling
unit.
"owner" shall include any person who, or any firm or corporation
that, is the registered owner of the property uñder consideration or
any agent thereof, a person entifled to a limited estate in land, a
trustee in whom land is vested, a committee of the estat" oi u
mentally incompetent person, an executor, an administrator, or a
guardian.
"Person" shall mean an individual, association, partnership,
corporation, municipality, Provincial or Federal agency or any agent
or employee thereof.
"Potable water" shall mean water intended for human consumption,
which is free from pollution, harmful organisms and impurities.
"Plumbing system" shall mean the system of connected piping,
fittings, valves, equipment, fixtures and appurtenances for the
distribution of water after ¡t reaves the water works distribution
Water Conservation By-law
By-law No. 049-2011
system and as such governed by the Buirding code Act, 2001 and
its regulations as may be amended from time to time.
"Property" shall mean any parcel of land including individual dwelling
units located within the Town of cobourg and including the
Township of Hamilton.
"Private main" shall mean a pipe connected to a Town owned water
works distribution system, installed on private property, and from
which more than one service and/or hydrant laterals are connected.
"Town" shall mean the Çorporation of the Town of Cobourg.
"underwriters" shall mean insurance companies or their agents.
"Valve" means an apparatus for the shut off or turn on of water.
"Water" shall mean potable water supplied by the Town.
"Water works distribution system"
appurtenances, the works and the
of the Town of Cobourg for the
means the water mains and
equipment under the jurisdiction
treatment, storage, supply or
3.1
distribution
of water or any part of such
systems.
system but does not include plumbing
"water service" shall mean the pipe and fittings that convey potable
water from a connection on a main or private main to a þlumbing
system.
3.
ADMINISTRATION
The administration of the water works distribution system shall be
under the jurisdiction of Lakefront utirity services lni, acting as the
agent by contract for the Town of Cobourg.
3.2 The administration of accounting, servicing and meter reading for the
water works distribution system shall be shall be under the
jurisdiction of Lakefront Utility Services lnc, acting as the agent by
contract for the Town of Cobourg.
4.
EXTERNAL USE AND WATERING REGULATIONS AND
RESTRICTIONS FOR POTABLE WATER
The Mayor or the Member of council designated to act in his/her
absence, at the recommendation of the oþerating Authority, may
invoke the following restrictions:
No person shall discharge or permit the discharge of water upon
land of municipally even numbered properties at añy time other ti-ran
between the hours of s:00 a.m. and g:00 a.m. and between the
hours of 7:00 p.m. and 10:00 p.m. on even numbered days of the
month for the months of June, July and August.
4.1
4.1.1
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ByJaw No. 049-201 1
4.1-2 No person shall discharge or permit the discharge of water upon
land of municipally odd numbered properties at any time other ti"ran
between the hours of 5:00 a.m. and g:00 a.m. and between the
hours of 7:00 p.m. and 10:00 p.m. on odd numbered days of the
month for the months of June, July and August.
4'2 No person shall wastefully discharge or permit the wasteful discharge
of water directly upon driveways or sidewalks at any time.
4.3 Notwithstanding the provisions in Sections 4.1, during the months of
June, July and August:
4.3.1 An owner or developer may water on newly planted sod for a period
of three (3) hours per day at any time other than between the hours
of 5:00 a.m. and B:00 a.m. and between the hours of z:00 p.m. and
10:00 p.m. during the first seven (7) days afterthe sod is put down,
and
4.3.2 A person may discharge water upon a
vegetables or flowers at any time provided
holding the watering device.
plot of land containing
that they are physically
4.4 Notwithstanding the provisions in sections 4.1, and 4.3, the Mayor
or the Member of Council designated to act in his/her absence may
declare a water supply emergency and further restrict or suspend ail
discharge of water upon land, or any other water use as may be
necessary. At the end of the emergency, the provisions of this By_
Law shall resume.
5.
WASTING OF WATER
5.1 No person shall let off or discharge, or permit the letting off or
discharging, of water so that water runs waste or useless out of the
water works distribution system or hydrants.
5.2 No person shall damage or allow the deterioration of any
appliance, which will result in a waste of water.
5.3 upon detection of leaky valves, improper pipes or imperfect
fixtures, any of which are creating a waste of water in any building,
dwelling or on any lands, the Operating Authority shall notify thã
Consumer regarding the repairs requireã to cease the wastage of
water and, where the necessary repairs are not made within seven
(7) calendar days thereafter, the Operating Authority shall have the
authority to cut off the supply of water by closing tñe Town's curb
Stop or by detaching the water service fróm the ñrain, or by closing
the valve to a single dwelling unit.
5.4 where the conditions of pipes or fixtures may cause a waste of
water or damage to property then, without notice, the operating
Authority shall have the authority to discontinue the supply ät watei
by closing the Town's Curb Sk p or by detaching the watêr service
from the main, or by closing the valve to a single ãwelling unit.
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Bylaw No. 049-201 1
6.1
HYDRANT USE AND MAINTENANCE
No person, except for the certified operators of the operating
Authority shall operate a hydrant, except in an emergency when the
Authorized Personnel of the Town of cobourg Fire Depariment shall
have the right to operate a hydrant.
Any hydrant situated within the road allowance is the property of the
Town and shall be maintained by it; the Town shall maintaiñ Town
owned hydrants located on private property.
No person shall paint hydrants or tamper with the colour scheme of
hydrants except with the permission of the operating Authority.
No person shall obstruct the free access to any hydrant or plant or
place, or cause or permit to be planted or placed, vegetation or other
objects, within a 3 metre corridor between the hydrãnt and the curb
nor within a 1.5 metre radius beside or behind a hydrant except with
the prior written authorization of the operating Authority.
Private hydrants shall be maintained accessible at all times and in
good operating condition by and at the expense of the owner and
shall be tested on a regular basis at the owner's expense and in
accordance with the requirements of the NFPA 291,1141 and 1142
standards and the AWWA manual 31, as amended from time to
time.
6.2
6.3
6.4
6.5
6.6 All private hydrants are the responsibility of the property owner
and must be installed and maintained according to;
6.6.1 the Ontario Fire Code and,
6.6.2 the Ontario Building Code and,
6.6.3 NFPA 24 - lnstallation of Private Fire Service Mains and Their
Appurtenances, as amended from time to time.
6.7 Except for water used for fire fighting and those operations as
authorized by the operating Authority, any other use of a Towns
hydrant is prohibited.
6'8 Any water supplied or made available for any land or building for
purposes of protection of property or persons from f¡ré or for
preventing fires or the spreading of fires shall not be used for any
other purpose.
Water Conservation ByJaw
By-law No. 049-2011
7.1
FIRE PROTECTION SUPPRESSION SYSTEMS
No Person shall draw water or cause or permit water to be drawn
from a private fire protection suppression system, except for fire
protection purposes, or for fire protection related activities.
water supply services for automatic Fire protection suppression
systems or for fire protection of any kind shall be classed as a fire
service. The operating Authority shall be notified and approve of any
testing carried out by or for Underwriters.
7 -3 Connections of any fire service to the water works distribution
system shall be isolated by means of backflow preventers.
7.2
8.3
8.1
8.2
CROSS CONNECTIONS AND BACKFLOW PREVENTION
No person shall connect, cause to be connected, or allow to
remain connected to the water works distribution system any piping,
fixture, fitting, container or appliance, in a manner which unoei any
circumstances, may allow water, waste water, non-potable water, or
any other liquid, chemical or substance to enter the water works
distribution system. The means for "protection from contamination"
shall be in accordance with the requirements of the Ontario Building
Code Act, 2001, as amended from time to time.
Any person authorized by the operating Authority/Town shall be
given free access, at all reasonable times, and upon reasonable
notice given and request made, to all parts of every building or other
building to which any water service is supplied fór the púrpose of
inspecting, or of altering or disconnecting any water service, wire,
rod or cross connection within or without of the building.
where access is not provided, a written notice by the operating
Authority/Town shall be issued allowing fourteen (lq oãys to
provide access. lf access is not provided within this time frurnå, th"
operating Authority/Town ffiay, at its discretion, shut off the ,upfty
of water to the building until such time as the access is provided.
8.4 lf a condition is found to exist which is contrary to section 8.1 of
this By-Law, the operating Authority/Town may carry out
inspection and may issue such order or orders to ine "r"tornul-
may be required to obtain compliance with section g.1 of this
Law.
8.5 lf the customer to whom the Operating Authority/Town has issued
an order, fails to comply with that order, the operating Authority, at
his/her discretion, may:
8.5.1 give notice to the customer to correct the fault, at his/her
expense, within a specified time period and, if the notice is not
complied with, the Operating Authority may then shut off the water
service or services; or
Water Conservation By-law
By-law No. 049-2011
an
AS
By-
8.5.2 without prior notice shut off the water service or services.
8.6 Notwithstanding sections 8.1, 8.4 and B.s of this By-Law, where a
risk of possible contamination of the water works distribution system
exists in the opinion of the operating Authority or an approved
authority, a customer shall, on notice from the operating
Authority/Town, install on their water service a cross connectioñ
control device, approved by the operating Authority, in addition to
any cross connection control devices installed in the customer's
water system at the source of potential contamination.
8.7 The selection, installation, maintenance, and field-testing of backflow
preventers shall be in accordance with CAN/CSA 864.10 standard
(CSA, July 2007). All approved backflow preventers shall be certified
by the CSA or a certification body recognized by the Standards
Council of Canada.
B.B Person(s) responsible for buildings shall retain a certified person to
inspect and test, at the expense of the person(s), to demonstrate
that the backflow prevention device is in good working condition.
such inspection and testing shall be completed priõr to or in
conjunction with the initial Cross-Connection lnspection Report and
within thirteen (13) months of the previous inspection and testing.
All equipment used to test backflow preventers shall be verified õr
calibrated for accuracy, as described in cAN/csA 864.10.
8.9 lf a customer fails to have a cross connection control device tested,
the Operating Authority/Town or approved authority may notify the
customer that the cross connection control device must be tested
within thirty (30) days of the customer receiving the notice. lf the
customer fails to have the device tested within the time allowed, the
Operating Authority may shut off the water service or water services
until the cross connection control device has been tested and
approved as required by section g.g of this By_Law.
8' 10 When the results of a test referred to in section 8.8 of this By-Law
show that a cross connection control device is not in good working
condition, the customer shall make repairs or replacé the device
within four (4) days. lf a customer fails to repair or replace the device
within the time allowed, the operating Authority may shut off the
water service until such repair or replacement has been made.
8.11 No person shall without the permission of the Operating Authority
remove any cross connection control or backflow prevention
devices.
Water Conservation By-law
By-law No. 049-2011
9.
OPERATION OF WATERWORKS
9.1 The Town/Operating Authority agrees to use reasonable diligence in
providing a regular and uninterrupted supply and quality oi potable
water, but does not guarantee a constant service or the
maintenanc-e of unvaried pressure, quantity or chemical composition
or supply of water.
9-2 The Town/Operating Authority is not liable for damages incurred by
the customer caused by the breaking of any water service or
attachment or the shutting off of water or the turning on of water to
repair mains or to tap mains.
9.3 The Town in its own right shall have the sole responsibility, authority,
power and capacity to construct, maintain and operate the
watenryorks and equipment within its boundaries serving the Town of
cobourg, to estabrish whether and the terms -upon which
municipalities or persons outside the Town of cobourg may be
allowed to connect to the said waterworks as consumers, and the
rates to be charged for water delivered to such consumers.
10. WATER AND WASTE WATER RATES AND CHARGES
10-1 Before the initial supply of water or any subsequent reconnection for
any property in the Town, the owner shall make application for the
same, and the owner shall be governed by the requirements of this
By-Law.
10.2 The water consumed by all dwelling units in the Town shall be
charged for.as indicated by the meter for each respective property at
rates, including the base mont rly charges, as per the Town,s *water
Rates" By-Law. Wastewater charges- for all dwelling units in the
Town shall be charged for based on the quantity of wãter consumed
as indicated by the meter for each respective property at rates,
including the base monthly charges, as per il"re iown's ,,water
Rates" By-Law. The Town, by resolution of council, may allow
exemptions from time to time.
10.3 water meters may be read and accounts rendered monthly,
bi-monthly, or on any other basis at the sole discretion of the
operating Authority. The operating Authority may servu o¡ll= upon
the customer at an address s.rpplied by the customer, or bills shall
be deemed to be served upon the said customer, ir tn"y are
delivered or sent by mail to the property/dwelling units'supplied with
water.
10.4 when an account is not paid by due date on the biil, a rate payment
charge as per the Town's "water Rates" By-Law, shail be assessed
to the account and, after that date, an overdue notice shall be sent
reminding the customer of the outstanding account.
Water Conservation By-law
By-law No. 049-2011
10.5 seven (7) days after the overdue notice is sent and, should the
account remain unpaid, the operating Authority may deliver, or
cause to be delivered, a notice of disconnection to the
property/dwelling units supplied or the address supplied by the
customer, advising the customer that unless payment is received
within seven (7) days, service will be disconnected.
10.6 When it has been necessary for a notice of disconnection to be
delivered as set out in section 10.5 of this By-Law, a collection
charge shall be applied to the outstanding account.
10.7 lf a customer at any dwelling unit omits, neglects or refuses to pay
any bill rendered, whether for water service, pipes, service charges
or any other monies to which the Town may be entitled in respect of
the water services to such dwelling unit, the Operating Authority
tay, at its discretion, shut off or reduce the flow of wãter to the
premises and in addition to the amount owing and unpaid, a
disconnection charge as per the Town's "water Raie,, By-Law will be
levied against the delinquent account. All charges ánd amounts
owing may be collected in accordance with the provisions of this By-
Law and all applicable provisions of the Municipal Act, 2OO1as may
be amended from time to time. Every owner of property, even
though the owner is not the occupant of the property ai the time a
water rate charge becomes payable in respect of the þroperty, under
this By-Law, is liable to pay the rate unless it is fiist paid Oy tfre
occupant of the property.
10'B Where it has been necessary to discontinue service as a result of
non-payment, a reconnection charge as per the Town's ,,water
Rates" By-Law shall be levied against the delinquent account, in
addition to the applicable collection charge.
10.9 At the time of a change of occupancy, of the dwelling unit, a change
of occupancy fee as per the Town's "water Rates"-By-Law shall be
levied by the Operating Authority to the new customer to cover the
cost of administration work and the said charge shall be included on
the first billing to the new customer.
10.10 when an owner requires a temporary removal of the water meter
from their dwelling unit, the owner énatt pay a charge for the meter
removal and reinstallation as per the Town's "water Rates" By-law.
10.114 customer shall pay the minimum base monthly charge for
providing and maintaining water supply to, and wastewater collection
for, a property, payabre in accordance with the Town,s,,water Rates,,
By-Law. ln instances when the occupant or owner of a property
terminates their account the occupant or owner shall pay any
subsequent minimum monthly charges as rendered to the owner of
the property.
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ByJaw No. 049-201 1
10.12 All water services shall be installed at the discretion of the Operating
Authority and the owner of the property being serviced shall be
responsible for the actual cost of such installation, except in cases
where property is being developed pursuant to the terms of a
Development Agreement or a Subdivision Agreement with the Town,
in which case they shall be installed pursuant to such Agreement.
10.13 where a customer requires a temporary water suppry, such
customer shall apply to the Operating Authority for a connection to a
hydrant. lf the connection is approved and an agreement signed, the
customer shall pay the applicable charge.
10.14 Fees and charges imposed under this By-Law on a person
constitute a debt of the person to the Town. The Town's Treasurer
may add fees and charges imposed by this By-Law to the tax roll for
the property to which the services were supplied, and may collect
them in the same manner as municipal taxes.
11. WATER METERS
11.1 Except as provided in paragraph 11.2 below, all water used by a
property within the Town of cobourg, except water used for fire
fighting purposes, or water authorized by the Operating Authority, for
construction or other purposes, shall pass through a meter approved
by the Town for use upon such premises, and in addition to
whatever other remedies the Town may have by law in respect to
infringement of this By-Law, the operating Authority may, upon
ascertaining that water has been used which has not passed
through the meter of such premises, forthwith, without notice, shut
off and stop the supply of water.
11-1-2 The Operating Authority may estimate and charge for any water that
has been taken that has not been recorded by meter.
11.2 The owner shall pay:
11-2.1 the base and monthly service charges shown in the Town's "Water
Rates" By-Law, or
11.2.2 such other flat rate charges as are set out in the said Town's "Water
Rates" By-Law, in instances where the Town has determined that a
water meter cannot be installed; or
11.2.3 such surcharges as are set out in the Town's,,water Rates', By-law
for customers who refuse to allow the Operating Authority to install
a water meter; or
11'2-4 three (3) times the average past rate (including an allowance for
consumption) as the Operating Authority determines for customers
who refuse access to the water meter to permit a reading to be
taken.
Water Conservation By-law
By-law No. 049-2011
11.3 The Town may shut off or restrict the supply of water to a property if
the Town requires access to the property to install, replace, repair or
inspect a water meter. Any person authorized by the operating
Authority for that purpose shall be granted free access, at ail
reasonable times and upon notice given as set out in section 11.4 of
this By-Law, to all parts of every building or other dwelling units to
which any water service is supplied for the purpose of inspecting or
repairing, or of altering or disconnecting, within or without the
building, or for placing meters upon any water service or connection
within or without the building as he/she considers expedient and for
that purpose or for the purpose of protecting or regulating the use of
the meter, may set it or alter the position of it.
11.4 Before shutting off or restricting the supply of water, (other than for
Emergencies) the Operating Authority shall:
11'4.1 by personal service, by hand delivered notice or by registered mail,
serve the owners and occupants of the property as shown on the
last returned assessment roll of the municipality with a notice of the
date upon which the Operating Authority intends to shut off or restrict
the supply of water; and
11.4.2 if access to the property is not obtained before that date; post a
copy of the notice described in section 11.4.1 on the property in a
conspicuous place.
11.5 The Operating Authority shall not shut off or restrict the supply of
water unless it has made reasonable efforts to gain access to the
property and has been unable to gain access within seven (7) days
after the later of,
1 1.5.1 the day the last notice, as described in section 11.4.1 of this
By-Law, was personally served;
11.5.2 the day the last notice, as described in section 11.4.1 of this
By-Law, was mailed; and
11.5.3 the day a copy of the notice was attached under section 11.4.2 of
this By-Law.
11.6 lf the operating Authority has shut off or restricted the supply of
water under section 11.3 of this By-Law, the operating Authority
shall restore the supply of water as soon as practiðable after
obtaining access to the property.
11-7 All charges for any of the work and services mentioned in sections
11.3 and 11.6 of this By-Law shall be determined by the water
superintendent and shall be paid in full by the o*n"l. or the
customer, as the case may be.
Water Conservation By-law
By-law No. 049-2011
11.8 Every separate dwelling unit, living unit and separate commercial
space to which water is being supplied shall be furnished with a
single water- meter, suppried by the operating Authority, unless an
exemption from this requirement has been approved by the
Operating Authority.
11.9 All water meters, supplied by the operating Authority, shall be
installed to conform to the operating Authority standãrds.
11.10 Where required by the Operating Authority standards or as deemed
necessary by the operating Authority, the owner shall supply and
install an underground chamber to the satisfaction of the Ciperating
Authority. The underground lockable chamber shall be located on
the private side of the property line immediately adjacent to the road
allowance and shall house an inlet valve, meter and backflow
preventer, if required, and an ouilet valve. The owner shall be
responsible for maintaining the underground chamber.
11.11 The location of a meter shall not be changed by any person except
with the written consent of the operating Âuthority.
11.12 The Town will not suppry, install, inspect or read private water
meters, nor will the Town bill consumption on piivate water meters.
All water flowing to private meters must first pass through the Town,s
meter.
11.13 The Town and persons authorized by the operating Authority for
that purpose shall be allowed access to ine owãtting unií and be
provided free and clear access to the meter where water is being
supplied at all reasonable times for the purpose of reading, at the
discretion of the operating Authority. where such access to the
ar access to a meter is not provided
7) days upon written notification by
Operating Authority ffiay, at its
f water to the dwelling unit until such
time as free and clear access to the water meter is provided.
11'14 Any leaks that may_develop at the water meter or its couplings shall
be reported immediatery to the cperating Authority. The ïouin o,
operating Authority are not liable for damages caused by such
leaks.
11.15 No person, except a person aut
for that purpose, shall be
whatsoever to tamper with an
thereon, or do any manner
proper registration of the quantity of water passing through such
meter and should any person change, tamper with or ot-henvise
interfere, in any way whatsoev
building, the Operating Authori
shut off the water from such b
the water shall not be again tur
Water Conservation By-law
By-law No. 049-2011
or property without the express written consent of the Operating
Authority.
11.161f in the opinion of the Operating Authority, the condition of the water
service and/or valves and of the plumbing system on such piping is
such that the meter cannot be safely removed for the purpose of
testing, replacing, repairing or testing in place without fear of
damage to the water service and valves, the Operating Authority
may require the owner or occupant to make such repairsãs may be
deemed necessary to facilitate the removal or testing of the meter. lf,
upon notification, the owner does not comply with the operating
Authority request, then the water supply to the property may bé
turned off at the shut-off valve during removal, replacement, repair
and testing of the meter and neither the Town nor the Operaiing
Authority shall net be held responsible for any damages to the
owner's property arising from such work.
11.17 lf, for any cause, any meter shall be found te not to be working
properly, then the amount of water to be charged for shall be
estimated on the average reading for the 12 monthi previous, when
the meter was working properly, and the charge for the water for the
period during which the meter was not working properly shall be
based thereon.
11.18 A customer may, upon written application to the operating
Authority, have the water meter at his or her dweiling un-it tested for
accuracy of registration. Every such application shall be
accompanied by a deposit of the fee for testing water meters set out
in the Town's "Water Rates" By-Law.
11.19 All water meters shail be tested in accordance with AWWA
standards, as may be amended from time to time, and procedures,
by a properly accredited test facility as determined by thä Operating
Authority. lf when tested, the meter is found to operate outside of
applicable specifications, the Operating Authority shall estimate the
applicable flow volume underage or excess and a refund or bill shall
be made to the customer as applicable. The time frame used for the
calculation of the estimate shall be limited to the four (4) month
period prior to testing. lf the testing determines that the mèter reads
in excess of the actual flow volume, the customer's deposit for the
test shall be refunded.
11.20 Where the water meter is equipped with a remote read-out unit of
any type and a discrepancy occurs between the reading at the
register of the water meter itself and the reading on the ìead-out
device, the Operating Authority shall consider tñe reading at the
meter to be correct and shall adjust and correct the .r.tor"r,.
account accordingly.
11.20.1 Where the water meter is equipped with a remote read-out unit of
any type, the occupant of the property shall be responsible for
keeping the wire from the meter to the rémote read-out unit in good
repair and working order.
Water Conservation By{aw
By-law No. 049-2011
12. WATER SERVICE PIPES
12-1 Any and all defects to the water service, private main and meter pits,
shall be repaired by the owner of the property being serviced.
Should the Operating Authority become aware oi any slch defect,
and if upon written notification to the owner, the saió defect is not
repaired within seven (7) days of the date of the notification or within
such time as the operating Authority may deem necessary, then the
operating Authority may turn off the water supply to the property. lf
the Operating Authority is ordered to restore ihe-water suppiy, tñen
the Town may repair the defective water service and charg'e the cost
to the owner and collect such cost according to law, anduntil paid,
such cost shall remain a lien on such property, and may also be
collected in the same manner and in the same þriority as táxes. The
Town shall not be held responsible for the cost of restôration.
12.2 No person, other than persons authorized by the Operating Authority
for that purpose shall be permitted to operate the valve tó any curb
stop/shutoff valve.
12.3 All curb stop/shut off valves shall be left clear and accessible at all
times so that the water in the water service and private mains may
be turned off or on as may be found necessary by the operating
Authority.
12.4 All water service extensions to and including the meter and meter pit
shall be properly protected from frost and äny other damage at the
expense and risk of the owner of the property being servióed. The
owner shall be responsible for the water loss occasioñed by a leak in
the water service extension and/or private main and the óharge for
such water loss, shalr be paid by the owner upon demand oy Ûre
Operating Authority and the Operating Authoriiy shall not be held
responsible for any damages arising from such leakage.
12.5 When any dwelling unit is left vacant or without heat, it is the owner,s
responsibility to shut off the water supply from within the dwelling
unit and to drain the piping therein. The owner or occupant may
apply in writing to the Operating Authority to have the shui-off valve
at the street line turned off to stop watei supply. The valve shall be
turned on only at the owner's request and in-the owner's presence.
The owner shall pay for this service at the rate shown in the Town's
"Water Rates" By-Law.
12.6 when any dwelling unit left vacant, unattended or without heat,
where the water supply has not been shut off, suffers damage to it
and its contents from a leaking or burst water pipe, the owner or the
occupant shall have no claim against the Town or operating
Authority' Should the Operating Authority become aware of such
leaking or burst pipes, the Operating Authôrity may turn off the shut-
off valve at the street line and the water supply sÎall not be turned
on until the Operating Authority at its discretion, shall consider it
advisable.
Water Conservation By-law
By-law No. 049-2011
12.7 Thawing out frozen water services shall be the Operating Authority's
responsibility. Thawing out frozen plumbing systems and private
mains shall be the owner's responsibility. where any employee of
the Operating Authority assists the owner in the thawing of frozen
pipes on the owner's property, this shail be at the owner's risk, and
the owner shall have no claim against the Operating Authority or the
Town.
12.7.1 lt shall be the owner's responsibility to provide adequate access to
the owner's plumbing to permit the thawing operation.
12.8 The operating Authority may renew any water service on public
property at its discretion and cost to ensure the adequate supply of
water to the property. This does not include the cost of upgrading
the service size.
12.9 Where a consumer discontinues the use of the water service, or the
Operating Authority discontinues the supply of water service to the
property, the operating Authority ffiay, at all reasonable times, enter
the property in or upon which the consumer was supplied with the
water service, for the purpose of cutting off the supply of the water
service or of making an inspection from time to time to determine
whether the water service has been or is being unlawfully used or for
the purpose of removing there from any fittings, machines,
apparatus, meters, pipes or other things being the property of the
Town in or upon the dwelling unit and may remove the same.
13. PROHIBITIONS UNDER THIS BY.LAW
13-1 No person shall willfully hinder or interrupt, or cause or procure to be
hindered or interrupted, the Town/operating Authority or any of its
officers, contractors, agents, servants or workers, in the eiercise of
any of the power conferred by this By-Law.
13.2 No person shall willfully let off or discharge water so that the water
runs waste or useless out of the works.
13.3 No person shall, being a customer, tenant, or occupant of any
house, building or other prace supplied with water from the
wateruvorks, improperly waste the water or, without the consent of
the operating Authority, lend, seil, or dispose of the water, give it
away, permit it to be taken or carried away, use or apply it to 1-re use
or benefit of another, or to any use and benefit other than their own.
13.4 No person shall, without lawful authority willfully open or close any
valve or hydrant, or obstruct the free access to any hydrânt,
stopcock, valve, chamber or pipe by placing on it any building
material, rubbish or other obstruction.
13.5 No person shall throw or deposit any injurious or offensive matter
into the water or watenruorks or in any way foul the water or commit
any willful damage or injury to the works, pipes or water, or
encourage the same to be done.
Water Conservation By-law
By-law No. 049-2011
13.6 No person shall willfully alter any meter placed upon any service
pipe or connected therewith, within or without any building or other
place, so as to lessen or alter the amount of water registered.
13.7 No person shall lay or cause to be laid any pipe or main to connect
with any pipe or main of the waterworks, or in any way obtain or use
the water without the consent of the operating Authority.
13.8 No person shall use water externally during the months of June, July
and August in any year except in accordance with the regulations
set out in Section 4 of this By-Law.
13.9 No person shall fill with water a tanker or swimming pool or make an
ice surface from an hydrant unless they have obtained prior written
approval by the Operating Authority.
1 3.10 No person shall contravene any provision of this by-law or any
notice issued pursuant to this by-law.
14. ENFORCEMENT
14.1 Any person who contravenes any provision of this By-Law is, upon
conviction, guilty of an offence and is liable to any penalty, fines or
orders as provided for in the provincial offences Act, R.s.o. 1ggo,
c.P.33, as may be amended time to time.
14.2 The court in which the conviction has been entered, and any court of
competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted,
"nO
such order shall be in addition to any other penalty imposed on the
person convicted.
14.3 Every person who, by act, default, neglect or omission occasions
any loss, damage or injury to any water public utility works, or to any
water works distribution system plant, machinery, fitting ol.
appurtenance thereof is liable to the Town therefore.
14.4 Every person who damages or causes or knowingly suffers to be
damaged any water meter, water service, conOù¡t, water fitting and
any related parts belonging to the Town or impairs or knowingty
suffers the same to be altered or impaired, so that the water meter
indicates less than the actual amount of water that passes through it,
is guilty of an offence and on conviction is liable to a fine, to the use
of the Town and for any expenses of repairing or replacing the water
meter, water service, conduit, wire, rod or fitting all of which is
recoverable under the Provincial Offences Act, as may be amended
time to time.
14.5 Every person who removes, destroys, damages, alters or in any way
injures any water service, conduit, wire, rod, pedestal, post, or other
apparatus or thing belonging to the Town is guilty of an offence and
on conviction is liable to a fine, to the use of the Town and is also
Water Conservation By-law
By-law No. 049-2011
liable for all damages occasioned thereby, which are recoverable
under the Provincial Offences Act, as may be amended time to time.
14.6 lf any section, clause or provision of this By-law, is for any reason
declared by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of this By-law as a whole or any part
thereof other than the section, clause or provision so declared to be
invalid and it is hereby declared to be the intention of Council for the
Town that all remaining sections, clauses or provisions of this By-law
shall remain in full force and effect until repealed, notwithstanding
that one or more provisions thereof may have been declared invalid.
15. EFFECTIVE DATE
15'1 This By-law shall come into full force and effect upon the date of its
passing.
RE4'D a first, second and third time and finally passed in Open Council this
1Sth day of August , 2011 .
Municipal
Water Conservation By-law
By-law No. 049-2011