By-Law 2015-104 - Regulation of Potable Water

East Gwillimbury, Ontario · adopted 2015-10-20

This is the exact embedded text of the captured official document. Snapshot 2993a6ad0b46 · verified 2026-06-10 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

By-law No. 2015-104 A By-law to provide for the Regulation of Potable Water Supply in the Town of East Gwillimbury WHEREAS Section11 (4) of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the "Act") provides for the non-exclusive assignment of the sphere of Water distribution to upper and lower tier municipalities. AND WHEREAS the Corporation of the Town of East Gwillimbury is a lower tier municipality. AND WHEREAS Section 11 of the Act provides as follows: "Broad authority, lower-tier and upper-tier municipalities 11. (1) A lower-tier municipality and an upper-tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection (4). 2006, c. 32, Sched. A, s. 8. By-laws (2) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting the following matters: 1. Governance structure of the municipality and its local boards. 2. Accountability and transparency of the municipality and its operations and of its local boards and their operations. 3. Financial management of the municipality and its local boards. 4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act. 5. Economic, social and environmental well-being of the municipality. 6. Health, safety and well-being of persons. 7. Services and things that the municipality is authorized to provide under subsection (1). 8. Protection of persons and property, including consumer protection. 2006, c. 32, Sched. A, s. 8. By-laws re: matters within spheres of jurisdiction (3) A lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4), respecting matters within the following spheres of jurisdiction: 1. Highways, including parking and traffic on highways. 2. Transportation systems, other than highways. 3. Waste management. 4. Public utilities. 5. Culture, parks, recreation and heritage. 6. Drainage and flood control, except storm sewers. 7. Structures, including fences and signs. Page 2 of 34 By-law 2015-104 8. Parking, except on highways. 9. Animals. 10. Economic development services. 11. Business licensing. 2006, c. 32, Sched. A, s. 8." AND WHEREAS the Council of the Town of East Gwillimbury wishes to regulate the time, manner, extent and nature of the supply of Water, the Building or person to which and to whom the Water shall be furnished and the price to be paid thereof, and every other matter or thing related to or connected therewith that it may be necessary or proper to regulate, in order to secure to the inhabitants of the municipality a continued supply of Water meeting provincial requirements and to prevent the practicing of frauds upon the Town with regard to the Water supplied and for providing that for a contravention of any such by-law the offender is guilty of an offence. AND WHEREAS the Council of the Town of East Gwillimbury deems it desirable to provide regulations for Backflow Prevention. THEREFORE the Municipal Council of The Corporation of the Town of East Gwillimbury enacts as follows: SHORT TITLE Water By-Law BY-LAW INDEX Part 1 DEFINITIONS Part 2 APPLICATION FOR WATER SERVICE 2.1 Application and payment prior to installation 2.2 Installation - payment required 2.3 Disconnection of service - payment Part 3 WATER RATES AND CHARGES 3.1 Application for Water supply 3.2 Water measured by meters 3.3 Meter reading and billing 3.4 Late payment charge and overdue notice 3.5 Notice of disconnection 3.6 Non-payment - Water shut off - lien 3.7 Reconnection - charge 3.8 Temporary removal and reinstallation of Meter - charge 3.9 Change of occupancy - charge 3.10 Minimum monthly charge - who payable by 3.11 Service installation charge Page 3 of 34 By-law 2015-104 3.12 Tapping of Watermain charges 3.13 Building and Developer frontage charges 3.14 Construction Water charge 3.15 Meter testing charge 3.16 Non-scheduled Meter change out charge Part 4 SECURITY DEPOSITS 4.1 Deposit is security for payment 4.2 Deposit applied as payment 4.3 Non Payment of Security Deposit Part 5 OPERATION OF WATER SYSTEM 5.1 Conditions on Water supply 5.2 Authority for Water supply 5.3 Unauthorized operation of fire hydrants - offence 5.4 Unauthorized operation or interference - offence 5.5 Use of Water from hydrants 5.6 Improper use of Water from fire service - offence 5.7 Bulk Water Stations - sales - offences Part 6 WATER SERVICES 6.1 Installation - by Town - by Contractor 6.2 Installation - to Town specifications - Ont. Build. Code requirements 6.3 Connection to Watermain - prior application 6.4 Installation - alteration - approval by Town 6.5 Installation inspection by Town 6.6 Installation - access for inspection 6.7 Disconnection of service 6.8 Maintenance of Service Stub - Town 6.9 Maintenance of Service Extension and Private Main - Owner 6.10 Operation of Shut-Off Valve 6.11 Access to Shut-Off Valves 6.12 Responsibility for protection, Water loss, damage 6.13 Responsibility - vacant and unheated Premises 6.14 Responsibility - Water damage 6.15 Responsibility for frozen pipes - Town - Owner 6.16 Responsibility for hydrant maintenance - Public 6.17 Responsibility for hydrant maintenance - Private 6.18 Order to Comply - hydrant maintenance 6.19 Failure to Comply - notice - Water shutoff 6.20 Renewal of service - Town - Owner 6.21 Access - removal - inspection - fittings Page 4 of 34 By-law 2015-104 Part 7 WATER METERS 7.1 Water to be metered - remedy for violation 7.2 Supply - installation - ownership - replacement 7.3 Installation - maintenance - repair - access 7.4 Notice required - access 7.5 No shut off - reasonable effort - gain access 7.6 Restoration of Water supply - as soon as practicable 7.7 Charges - meters - Owner to pay 7.8 Every Building metered - Engineer's discretion 7.9 Installation to Town Specifications 7.10 Meter location - Engineer to consent to change 7.11 Private meters - Owner responsible 7.12 Reading Meter - access 7.13 Valve maintenance - responsibility of Owner 7.14 Leaks must be reported 7.15 Interference with Meter not permitted 7.16 Owner responsible to repair piping 7.17 Non-functioning Meter - amount of Water estimated 7.18 Meter testing for Customer - deposit - conditions 7.19 Meter reading supersedes remote device reading Part 8 CROSS CONNECTIONS AND BACKFLOW PREVENTION 8.1 Protection from Contamination 8.2 Inspection for Cross Connections - access 8.3 Access to be provided on written notice 8.4 Order to install control device 8.5 Failure to install - notice - Water shut-off 8.6 Additional device on service 8.7 Installation of Backflow Devices 8.8 Testing of Devices 8.9 Inspections 8.10 Failure to test device - notification - Water shut-off 8.11 Repair - replacement - by Customer 8.12 Removal of device - permission by Town Part 9 USE OF WATER EXTERNALLY Part 10 PROHIBITIONS Page 5 of 34 By-law 2015-104 Part 11 ENFORCEMENT 11.1 Fine - for contravention 11.2 Continuation - repetition - prohibited - by order 11.3 Offence - additional - damage to Waterworks 11.4 Offence - additional - willful damage 11.5 Offence - additional - injuring Waterworks Part 12 PREVIOUS BY-LAW REPEALED Part 13 EFFECTIVE DATE Page 6 of 34 By-law 2015-104 Part 1 DEFINITIONS In this by-law: AWWA: "AWWA" shall mean the American Water Works Association Auxiliary Water Supply: "Auxiliary Water Supply" shall mean any Water source or system other than the Town's direct Water supply that may be available in a Building or on any property, including but not limited to any recycled Water or cistern. Backflow: "Backflow" shall mean the flowing back of or reversal of the normal direction of the flow of Water. Backflow Prevention Device: "Backflow Prevention Device" shall mean a device that prevents Backflow. Building: "Building" shall mean a Structure supplied with Water by the Town of East Gwillimbury and shall have the same meaning as set out in the Ontario Building Code. Bulk Water User: "Bulk Water User" shall mean any Customer who draws Water from the Town's Drinking Water Systems for non-potable usage with the approval of the Town. Contractor: "Contractor" shall mean a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the Owner or the Town to install or maintain Mains, service Mains, services, hydrants, reading Water meters and other Water related appurtenances. Council: An elected body having a legislative function within a limited and delegated jurisdiction within the Town of East Gwillimbury. Cross Connection: "Cross Connection" shall mean any temporary, permanent or potential Water connection that may allow Backflow. This includes, but is not limited to: swivel or changeover devices, removable sections, jumper connections and bypass arrangements. Cross Connection Survey Form: "Cross Connection Survey Form" shall mean the form set out in Appendix A of this By-law. CSA Standard: "CSA Standard" shall mean the document entitled National Standard of Canada - CAN/CSA-B64.11 and Amendments - Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices - Plumbing Products and Materials - A National Standard of Canada published in 1994 by the Canadian Standards Association or any successor thereof Curb Stop: See "Shut-Off Valve" definition. Customer: "Customer" shall mean any person who enters into a verbal or written contract with the Town to take Water from the Town or to receive Water Related Services from the Town. Developer: "Developer" shall mean the Owner or party specifically named in a Development Agreement or in a Subdivision Agreement. Page 7 of 34 By-law 2015-104 Engineer: "Engineer" shall mean the General Manager of Community Infrastructure & Environmental Services for the Town of East Gwillimbury or the General Manager's authorized representative. External Use of Water: "External Use of Water" shall mean the use of Water for any purpose outside the walls of any Building located at a Municipal Address. Hazard (High or Severe): "Hazard (High or Severe)" shall mean any Cross Connection or potential Cross Connection involving any substance that could be a danger to health. Examples shall include hospitals, all establishments involving chemical usage, high hazard uses as defined by the Ontario Building Code and any use where protection is deemed required by the Engineer. Meter: "Meter" shall mean the device supplied and owned by the Town to measure the quantity of Water used by the Customer. Meter Pit: "Meter Pit" shall mean any exterior chamber or pit approved by the Engineer for the purpose of containing a Water Meter. Municipal Address: "Municipal Address" shall mean the civic number assigned to a property, Building or Buildings identified by a number as assigned by the Town of East Gwillimbury. Occupant: "Occupant" shall include any lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a Premises. Ontario Building Code: "Ontario Building Code" shall mean the Ontario Building Code Act, s.o 1992, c.23 and regulations contained within, as amended from time to time. Owner: "Owner" shall include any person who or any firm or corporation that is the registered Owner of the property under consideration or any agent thereof, a person entitled to a limited estate in land, a trustee in whom land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator and a guardian. Plumbing System: "Plumbing System" shall mean the system of connected piping, fittings, valves, equipment, Service Extension, fixtures and appurtenances contained in plumbing that begins at the Curb Stop, excluding the Water Meter. Potable Water: "Potable Water" shall mean Water that is fit for human consumption. Premise Isolation: "Premise Isolation" shall mean isolation of the Water located within a Building or Structure from the Town's Water supply Premises: "Premises" shall mean any house, tenement, Building, block, lot, or part of a lot, or both, in, through, or past which Water Service Pipes run. Private Main: "Private Main" shall mean a Water Service Pipe and/or firemain connected to a Watermain and installed on private property and from which more than one service and/or hydrant lateral are connected. Page 8 of 34 By-law 2015-104 Radio Frequency Unit or RF: "Radio Frequency Unit" or "RF" shall mean the device installed on, or at a separate location from the Water Meter and used to read and transfer the consumption reading of the Meter by way of radio frequency. Remote Read-Out Unit: "Remote Read-Out Unit" shall mean the device installed on, or at a separate location from the Water Meter and used to read and transfer the consumption reading of the Meter. Service Extension: "Service Extension" shall mean the portion of a Water Service Pipe from the property line to the Meter location, or for a firemain to the inside of the exterior wall of a Structure, ie. an extension of a Service Stub. Service Stub: "Service Stub" shall mean the portion of a Water Service Pipe from a Watermain to the property line which will always include a Shut-Off Valve. Shut-Off Valve: "Shut-Off Valve" shall mean the Curb Stop valve on the Water service or Private Main, usually installed on the street line owned and used by the Town to shut off or turn on the Water supply from the Town's Waterworks distribution system to any Premises. Single Detached Residence: "Single Detached Residence" shall mean a single dwelling which is freestanding, separate and detached from other main Buildings or main Structures, including a split level dwelling, but does not include a mobile home. Source Isolation: "Source Isolation" shall mean isolation of the Water located within or having flowed through a source or potential source of contamination within a Building or Structure, including but not limited to a device, machine, Water system or the like, from any Potable Water system. Structure: "Structure" shall mean anything constructed or built permanently or temporarily which is provided with a source of Potable Water. Survey: "Survey" shall mean a complete review of the Potable Water system or systems located within a Building or Structure to determine if any Cross Connection exists. Subdivider: "Subdivider" shall mean the Owner or party specifically named in a Subdivision Agreement. Tester: "Tester" shall mean a person who is a certified Backflow Prevention Device Tester who has successfully completed a Cross Connection course in Backflow Prevention Device testing at an accredited school or college as defined in the CAN/CSA B64.10-94. Test Report: "Test Report" shall mean the document provided as results of testing carried out by the Tester. Test Tag: "Test Tag" shall mean the tag affixed to the Backflow Prevention Device detailing date installed, address of assembly, type of assembly, manufacturer, size, model number serial number and location. The tag must also clearly be labeled "DO NOT REMOVE". Page 9 of 34 By-law 2015-104 Town: "Town" shall mean The Corporation of the Town of East Gwillimbury. Water: "Water" shall mean Potable Water supplied by the Town. Water Distribution System: "Water Distribution System" shall mean Mains with connections to feeder Mains, feeder Mains within subdivision lands, Private Mains, services, fire hydrants, and Shut-Off Valves and all other appurtenances thereto and having the same meaning as Municipal Drinking Water System as defined in the Safe Drinking Water Act. Watermain: "Watermain" shall mean every Water pipe, except services and portions of private Water services and/or firemains as herein defined, installed on the public road allowance or on any other land upon which the Town has obtained easements. Water Rate: Consists of a fixed delivery and variable charge as set by Council from time to time. Water Related Services: "Water Related Services" shall include but not be limited to those items set out in Schedule I in Town of East Gwillimbury By-law 2015-078, Fees & Charges By-law, as amended, or as provided for in any successor by-law there-to. Water Service Pipe: "Water Service Pipe" shall mean the pipe and fittings that convey Potable Water from a connection on a Watermain or Private Main to the Meter location, or, for a firemain, to the inside of the exterior wall of a Structure. Watermain Tap: "Watermain Tap" shall mean the method in which an existing Watermain is cored to accept a new Water service through the installation of a saddle and main cock. Waterworks: "Waterworks" shall mean any works for the distribution of Water, or any part of any such works, but does not include the Plumbing System to which the Ontario Building Code, or any amendments thereto apply. Zone Isolation: "Zone Isolation" shall mean the isolation of the Water located within an area of a Building or Structure from any Potable Water system located within such Building or Structure. Part 2 APPLICATION FOR WATER SERVICE 2.1 Application and payment prior to installation The Owner shall apply to the Town for a Water service and before the service is installed, shall pay the fees set out in the Town's Fees & Charges By-law in effect at that time for Water Service Connection. Upon approval of the Water service, a Building permit is required to construct the portion of the service on private property. 2.2 Installation - payment required The installation of the Water service will not be scheduled or commenced in any way until the Water service connection and the Building permits have been approved and payments have been made. Page 10 of 34 By-law 2015-104 2.3 Disconnection of service - payment When an Owner discontinues the use of a Water service for Water supply to a Premises, the Owner shall pay fees set out in the Town's Fees & Charges By-law in effect at that time for disconnecting the Meter and shutting off the Curb Stop for such service from the Water Distribution System. Part 3 WATER RATES AND CHARGES 3.1 Application for Water supply Before the initial supply of Water or any subsequent reconnection to any Premises in the Town, the Owner shall make application for the same, and the Owner shall be governed by the requirements of this by-law. 3.2 Water measured by Meters The Water consumed on all Premises in the Town shall be charged for as indicated by the Meter on each respective property at the rates the fees set out in the Town's Fees & Charges By-law in effect at that time. 3.3 Meter reading and billing Water meters may be read and accounts be rendered monthly, bi-monthly, quarterly or on any other basis at the discretion of the Town. The bill shall be deemed to be served upon the Customer if it is delivered by hand, sent by mail or electronically to the Premises supplied. 3.4 Late payment charge and overdue notice When an account is not paid by the due date stated on the bill, a late payment charge, as set out in the Town's Fees & Charges By-law in effect at that time, will be assessed to the account and, at the Treasurer's discretion, an overdue notice will be sent by mail reminding the Customer of the outstanding account. 3.5 Notice of disconnection Seven (7) days after the overdue notice is mailed (fourteen (14) days after the due date), should the account remain unpaid, the Engineer will deliver or cause to be delivered to the service address, a notice of disconnection advising the Customer that unless payment is received within 48 hours, service may be disconnected. 3.6 Non-payment - Water shut off - lien If the Customer at any Premises omits, neglects or refuses to pay any bill rendered, whether for Water Service Pipes, Meter, service charge or any other monies to which the Town may be entitled in respect of Water services to such Premises, the Town may, at its discretion, shut off or reduce the domestic flow of the Water to the Premises. The Town shall provide reasonable notice of the proposed shut off to the owners and occupants of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place. Such charges have priority lien status, and may be collected in accordance with the Municipal Act, 2001, and may be added to the tax roll against the property in respect of which the Water service was supplied. Page 11 of 34 By-law 2015-104 3.7 Reconnection - charge Where it has been necessary to discontinue service as a result of non-payment, a reconnection charge as set out in the Town's Fees & Charges By-law in effect at that time, will be levied against the delinquent account, in addition to the applicable collection charge. 3.8 Temporary removal & reinstallation of Meter - charge When the Owner requests a temporary removal of the Water Meter from their Premises, for any reason, the Meter removal and reinstallation charge, as set out in the Town's Fees & Charges By-law in effect at that time will be applied to their account. 3.9 Change of occupancy - charge At the time of a change of occupancy, an administrative charge as set out in the Town's Fees & Charges By-law in effect at that time will be levied by the Town to the new Customer to cover the cost of administrative work, and the said charge will be included on the first billing to the new Customer. 3.10 Fixed delivery charge - who payable by The fixed charge for providing and maintaining Water supply to a property is applicable for every Water Meter owned and read by the Town as set out in the Town's Water & Wastewater Charges By-law in effect at that time. 3.11 Service installation charge All Water Service Pipes, except those to lands being developed under a Town development or subdivision agreement wherein the Watermain is installed, may be installed on an actual cost basis at the Owner's expense, including the Water service connection materials and all related labour costs. 3.12 Tapping of Watermain charges No person, other than persons authorized by the Town Engineer for that purpose may tap a Watermain. A tapping charge shall be payable as set out in the Town's Fees & Charges By-law in effect at that time when a new, replacement, or larger Water service connection is made to the Water Distribution System. 3.13 Building and Developer frontage charges (1) A connection charge shall be payable as set out in the Town's Fees & Charges By-law in effect at that time when a connection is made to the Water Distribution System. (2) Subsection 3.13 (1) does not apply when a connection is made to a Watermain: (a) which has been financed under the provisions of a local improvement; (b) which is the subject of an area rate or special local municipality levy Water by- law; or, (c) for which Development Charges have been imposed under the Development Charges By-law. Page 12 of 34 By-law 2015-104 3.14 Construction Water charge All Water used for construction shall be Bulk Water with the exception of construction Water for the dwelling. The Town will recover the cost of this construction Water by applying a construction Water charge, as set out in the Town's Fees & Charges By-law in effect at that time to the cost of the Owner's Water service. 3.15 Meter testing charge The charge for testing the accuracy of a Water Meter is indicated in the Town's Fees & Charges By-law as amended from time to time and is explained in section 7.19 of Part 7 of this By-law. 3.16 Non-scheduled Meter change out charge If a Customer requests that the Water Meter, and/or the remote read out unit be replaced, and that Water Meter is not within its regular scheduled replacement window the Owner shall pay to the Town a charge as set out in the Town's Fees & Charges By-law in effect at that time. If the Meter is scheduled for replacement no charge shall be applied. 3.17 Moving Within Town - Transfer of Arrears When a residential Customer moves within the Town, any Water arrears are to be transferred to the Customer's new property as set out in the Town's Fees & Charges By-law in effect at that time. The Town may, at its discretion, choose to have the arrears remain with the original property. Part 4 SECURITY DEPOSITS 4.1 Deposit is security for payment Whenever an application is made to the Town for a supply of Water (new account), the Town may, in its discretion, prior to furnishing such supply, require the Customer to make a deposit of such sum of money as it may consider advisable. Each such deposit shall be security for payment for all Water passing through the Meter of the service in respect to which such deposit was made until the Customer shall have notified the Town in writing to discontinue such service. 4.2 Deposit applied as payment Security Deposits (cash) will be applied as payment upon determination of good payment history or closure of an account. 4.3 Non Payment of Security Deposit Non-payment of a security deposit will be subject to the standard collection procedures including disconnection of domestic Water services. Part 5 OPERATION OF WATERWORKS 5.1 Conditions on Water supply The Town agrees to operate its municipal drinking Water systems in accordance with provincial legislation and use reasonable diligence in providing a regular and uninterrupted supply and quality of Water, but does not guarantee a constant service or the maintenance of unvaried pressure or quality or supply of Water and is not liable for damages to the Customer caused by the breaking of any Water Service Pipe or attachment, or for shutting off of Water to repair Mains or to tap Mains. Page 13 of 34 By-law 2015-104 5.2 Authority for Water Supply The Town in its own right shall have the sole responsibility, authority, power and capacity to construct, permit to be constructed, maintain and operate all Waterworks within its boundaries serving the Town of East Gwillimbury, to establish whether and the terms upon which municipalities or persons outside the Town of East Gwillimbury may be allowed to connect to the said Waterworks as consumers, and the rates to be charged for Water delivered to such consumers; and the Town shall have the sole responsibility, authority, power and capacity to construct, maintain and operate all Waterworks plant and equipment in conjunction with these systems, to establish whether and the terms upon which municipalities or persons outside the Town of East Gwillimbury may be allowed to connect to the said Waterworks as consumers, and the rates to be charged for Water delivered to such consumers. 5.3 Unauthorized operation of fire hydrant - offence No person is permitted to operate a fire hydrant, except for authorized Town personnel, in accordance with the Safe Drinking Water Act, 2002. 5.4 Unauthorized operation or interference - offence No person other than a person authorized by the Engineer for that purpose shall open or close a valve in the Water works distribution system, including Private Mains, or remove, tamper with or in any way interfere with any valve, Water Meter, Structure, Watermain, Water service or Curb Stop in the Water works distribution system, including Private Mains. 5.5 Use of Water from hydrants Except for Water used for firefighting, approved Hydrant Permit Applications and Town approved maintenance or operations; any other use of a Town's fire hydrant for Water supply is prohibited. 5.6 Improper use of Water from fire service - offence Any Water supplied or made available for any land or Building for purposes of protection of property or persons from fire or for preventing fires or the spreading of fires shall not be used for any other purpose. 5.7 Bulk Water Stations - sales - offences The Town may provide for the bulk sale of Water by way of metered bulk Water stations to approved Bulk Water Users. a) No person shall use a container which has been used for spraying, mixing or transportation of pesticides, herbicides or any other source of contamination or any other vehicle or container deemed unsuitable by the Engineer for Water filling any of the Town's bulk Water filling stations. b) No person shall fail to maintain an air gap between the filling device, hose or pipe and the top surface of the Water in any container. Part 6 WATER SERVICE PIPES 6.1 Installation - by Town - by Contractor All Water Service Pipes located within the road allowance on Town property shall be installed by the Town or by Contractors engaged by the Town for the purposes of such installation, except in new land development projects where agreements with the Town require the Developer or Subdivider to complete such Page 14 of 34 By-law 2015-104 work. Installation of the Water Service Pipe on private property from the Curb Stop to the Building to be serviced is to be carried out by the property Owner or their Contractor. 6.2 Installation - to Town specifications - Ontario Building Code requirements All Water Service Pipes and Private Mains located within Town property shall be constructed according to the Town's Municipal Servicing Design Criteria and Standard Contract Documents for Municipal Construction Projects (hereinafter called "standard contract documents") and the General Requirements and Design specifications for the Water Distribution System and Standard Drawings of the Town (herein called "specifications") as approved by the Engineer from time to time. All Water Service Pipes and Private Mains located on private property shall be constructed in accordance with the Ontario Building Code as revised from time to time and in accordance with good engineering practices and shall be approved by the Chief Building Official. 6.3 Connection to Watermain - prior application The installation of the Water Service Pipe connection will not be scheduled or commenced in any way until the Customer has met the requirements of this by- law and paid the required fees. 6.4 Installation - alteration - approval by Town For any new Water Service Pipe or Private Main installation, or alteration of existing Water Service Pipes or Private Mains, the Owner must apply for approval from the Town for such work as specified in the Town's standard contract documents and the Town's specifications. All additions, alterations and modification to the Town's municipal drinking Water systems requires a "Drinking Water Works Permit" application. The application must be submitted, reviewed and approved by the Town prior to any work taking place. 6.5 Installation inspection by Town All Water Service Pipes and appurtenances installed, including those required by a Town Subdivision or Development Agreement must be inspected by the Town. Inspections for new developments and for works on Town property are to be carried out by a Municipal Inspector and works on the private side are to be inspected by a Building Official as specified in the Town's standard contract documents and the Town's specifications. 6.6 Installation - access for inspection The Town and persons authorized by the Town for inspection shall be, at all times, entitled to enter any Premises for the purposes of examining Water meters, pipes, connections and fixtures which are used in connection with the Water Service Pipe and/or service Main. 6.7 Disconnection of service The Water Service Pipe must be disconnected by the Town or the Town's Agent at the Watermain, the Watermain plugged, and the curb box and rod removed at the Owner's expense. The charge for such work is set out in the Town's Fees & Charges By-law in effect at that time. 6.8 Maintenance of Service Stub - Town The Water Service Stub shall be maintained by the Town at the Town's expense. Page 15 of 34 By-law 2015-104 6.9 Maintenance of Service Extension and Private Main - Owner Any and all defects to the Water Service Extension, Private Main and Meter Pits, shall be repaired by the Owner of the property being serviced. Should the Town become aware of any such defect, and upon written notification to the Owner, the said defect is not repaired, within seven (7) days of the date of the notification or within such time as the Engineer may deem necessary, then the Town may turn off the domestic Water supply to the property. If the Town is ordered under statutory authority to restore the Water supply, then the Town may repair the defective Water Service Pipe and charge the cost to the Owner and collect such cost according to law, and until paid, such cost shall remain a lien on such property, and may also be collected in the like manner as taxes. The Town shall not be held responsible for the cost of restoration. 6.10 Operation of Shut-Off Valve No person, other than persons authorized by the Engineer for that purpose shall be permitted to operate the Shut-Off Valve to any Premises. 6.11 Access to Shut-Off Valves All Shut-Off Valves must be left clear and accessible at all times so that the Water in the Water Service Pipe and Private Mains may be turned off or on as may be found necessary by the Engineer. 6.12 Responsibility for protection, Water loss, damage All Water Service Extensions to and including the Meter shall be properly protected from frost and any other damage at the expense and risk of the Owner of the property being serviced. The Owner shall be responsible for the Water loss occasioned by a leak in the Water Service Extension and/or Private Main and the charge for such Water loss shall be determined by the Engineer, shall be paid by the Owner upon demand by the Town, and the Town shall not be held responsible for any damages arising from such leakage. 6.13 Responsibility - vacant and unheated Premises (temporary or permanent) When any Premises is left vacant or without heat, it is the Owner's responsibility to shut off the Water supply from within the Premises and to drain the piping therein. The Owner may apply in writing to the Town to have the Shut-Off Valve turned off to stop Water supply. The valve will 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 set out in the Town's Fees & Charges By-law in effect at that time. 6.14 Responsibility - Water damage When any Premises 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. Should the Engineer become aware of such leaking or burst pipes, the Engineer shall turn off the Shut-Off Valve, and the Water supply shall not be turned on until the Engineer, in his/her discretion, shall consider it advisable. Fees to turn Water off and/or on will apply as set out in the Town's Fees & Charges By-law in effect at that time. 6.15 Responsibility for frozen pipes - Town - Owner Thawing frozen Water Service Stubs shall be the Town's responsibility. Thawing frozen Service Extensions and Private Mains shall be the Owner's responsibility. Where any employee of the Town assists the Owner in the thawing of frozen Page 16 of 34 By-law 2015-104 pipes on the Owner's property, all such assistance work will be considered to be at the Owner's risk, and the Owner shall have no claim against the Town by reason of such work. 6.16 Responsibility for Hydrant Maintenance - Public Any hydrant situated within the road allowance is the property of the Town and shall be maintained by the Town. 6.17 Responsibility for Hydrant Maintenance - Private Yard Hydrant Maintenance Fire hydrants or yard hydrants located on private property connected to a service Main connected to the municipal drinking Water system shall be installed and maintained to ensure proper operation by the Owners at their own expense. The Owner shall: a) install as per the Ontario Building Code and maintain said yard hydrants at its sole cost and in accordance with Section 6.6 of the Ontario Fire Code; b) take all necessary steps to ensure that said yard hydrants are not used in any way except for the purpose of fire protection; c) winterize all hydrants annually i.e. the barrel shall be pumped or drained to prevent freezing; d) have hydrants flushed quarterly by a licensed Water operator. Hydrants shall be flushed until a total chlorine residual within 0.2 PPM (total chlorine) compared to the closest sampling site determined by the Water waste/Water Supervisor (or his designate) is achieved. The Supervisor (or his designate) shall be contacted 24 hours before each test begins so that arrangement can be made; e) submit flushing results to the Town quarterly and hydrant maintenance reports annually indicating the results of the above. f) Submit record of volume of Water flushed during maintenance activities and submit to the Town for billing purposes. 6.18 Order to Comply If a condition is found to exist which is contrary to section 6.17 of this by-law, the Engineer shall immediately carry out an inspection and shall issue such order or orders to the Customer as may be required to obtain compliance with section 6.17 of this by-law. 6.19 Failure to comply - notice - Water shut-off If the Customer to whom the Town has issued an order fails to comply with that order, the Engineer, at his/her discretion, may: a) 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 Engineer may then shut off the domestic Water service or services; or b) without prior notice, shut off the Water service or services. 6.20 Renewal of service - Town - Owner The Town shall renew Service Stubs on public property at its expense and to its specifications when piping is deemed by the Engineer to be beyond repair; Page 17 of 34 By-law 2015-104 Part 7 WATER METERS 7.1 Water to be metered - remedy for violation All Water used on Premises connected to Watermains within the Town of East Gwillimbury, except Water used for firefighting purposes, or Water authorized by the Engineer, for construction or other purposes, shall pass through the Meter supplied 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 Town may, upon ascertaining that Water has been used which has not passed through the Meter of such Premises shall be served with a Notice of disconnection and fine as set out in the Town's Fees & Charges By-law in effect at that time. 7.2 Supply - installation - ownership - replacement The Owner shall pay the Water service charge as set out in the Town's Fees & Charges By-law in effect at that time before the Town will supply the Owner with a Meter and the Meter must be installed prior to occupancy of the Building. The Meter shall remain the exclusive property of the Town and may be removed as and when the Town may see fit, upon the same being replaced by another Meter, or for any reason which the Town may, in its discretion, deem sufficient. 7.3 Installation - maintenance - repair - access 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 and the remote read out unit. Any person authorized by the Town for that purpose has free access, at all reasonable times, and upon notice given as set out in section 7.4 of this by-law, to all parts of every Building or other Premises 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 Pipe 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. 7.4 Notice required - access Before shutting off or restricting the supply of Water, the Town shall, a) make reasonable effort to contact the property Owner/tenant by personal service or by registered mail, serve the owners of the property as shown on the last returned assessment roll of the municipality with a notice of the date upon which the Town intends to shut off or restrict the supply of Water if access to the property is not obtained before that date; b) ensure that a copy of the notice described in clause (a) is securely attached to the property in a conspicuous place. In the event of an emergency repair to the drinking Water system, the Town will make reasonable effort to notify property owners/tenants of potential service interruptions however notification may not be possible prior to shut down depending on the severity of the emergency situation. 7.5 No shut off - reasonable effort - gain access The Town shall not shut off or restrict the supply of Water unless it has made reasonable efforts to get access to the property and has been unable to get access within fourteen (14) days after the later of, Page 18 of 34 By-law 2015-104 a) the day the last notice under part (a) of section 7.4 of this by-law was personally served; b) the day the last notice under part (a) of section 7.4 of this by-law was mailed; and c) the day a copy of the notice was attached under part (b) of section 7.4 of this by- law. 7.6 Restoration of Water supply - as soon as practicable If the Town has shut off or restricted the supply of Water under section 7.3 of this by-law, the Town shall restore the supply of Water as soon as practicable after obtaining access to the property. 7.7 Charges - Meters - Owner to pay All charges for any of the work and services mentioned in sections 7.3 and 7.6 of this by-law will be determined by the Engineer as set out in the Town's Fees & Charges By-law in effect at that time and will be paid in full by the Owner or the Customer, as the case may be. Replacement of Water meters that have surpassed their useful service life will be replaced by the Town at its cost in order to ensure both accurate and fair billing. The Meter shall remain the exclusive property of the Town and may be removed as and when the Town may see fit, upon the same being replaced by another Meter, or for any reason which the Town may, in its discretion, deem sufficient. 7.9 Every Building metered - Engineer's discretion For individual properties that were provided with Water meters within a Premises prior to the establishment of this By-Law, the Town will continue to bill such individual properties as if they were individual Premises for Water consumption. 7.10 Installation to Town Specifications All Water meters, supplied by the Town, shall be installed to conform to the specifications of the Town. 7.11 Meter location - Engineer to consent to change The location of a Meter, when once installed to the specifications of the Town, shall not be changed by any person except with the consent of the Engineer. 7.12 Private meters - Owner responsible The Town will not supply, install, inspect or read private Water meters, nor will the Town bill consumption on private Water meters. Water supply pipes to private meters must be connected to the Owner's plumbing after the Town's Meter. 7.13 Reading Meter - access The Town and persons authorized by the Town for that purpose shall be allowed access to the Premises 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 Town. Where such access to the Premises and/or free and clear access to a Meter is not provided by the Occupant within fourteen (14) days upon written notification by the Town, the Owner shall be served with a Notice of disconnection. 7.14 Valve maintenance - responsibility of Owner The Owner shall supply and install an isolation inlet valve prior to, and in series with, the Water Meter. Where the Water Meter is larger than 19 mm diameter the Owner shall be responsible for maintaining in good working order, the isolation Page 19 of 34 By-law 2015-104 inlet valve prior to, and in series with, the Water Meter as well as by-pass valves including Backflow Prevention Devices for all meters. All meters and valves shall remain accessible. 7.15 Leaks must be reported Any leaks that may develop at the Water Meter or its couplings must be reported immediately to the Town. The Town is not liable for damages caused by such leaks. 7.16 Interference with Meter not permitted No person, except a person authorized by the Town for that purpose, shall be permitted to open, or in any way whatsoever to tamper with any Water Meter, or with the seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of Water passing through such Meter, and should any person change, tamper with or otherwise interfere, in any way whatsoever, with any Water Meter placed in any Building, the Owner shall be fined as set out in the Town's Fees & Charges By-law in effect at that time and may be served with a Notice of disconnection. 7.17 Owner responsible to repair piping If, in the opinion of the Engineer, the condition of the Water Service Pipe 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 Pipe and valves, the Engineer may require the Owner or Occupant to make such repairs as may be deemed necessary to facilitate the removal or testing of the Meter. Repair work carried out may require a plumbing permit issued by the Town's Building Department prior to the commencement of the repairs. If upon notification the Owner does not comply with the Engineer's request, then the Owner shall be served with a Notice of disconnection. 7.18 Non-functioning Meter - amount of Water estimated If, for any cause, any Meter shall be found to not be working properly, then the amount of Water to be charged for shall be estimated on the reading for the previous twelve (12) months, when the Meter was working properly.. 7.19 Meter testing for Customer - deposit - conditions Any Customer may, upon written application to the Town, may have the Water Meter unit at his or her Premises tested for accuracy of registration in accordance with the AWWA standard. Every such application shall be accompanied by a deposit of the fee for testing Water meters as set out in the Town's Fees & Charges By-law in effect at that time. If the Meter is found to register correctly, slow or not to exceed three per cent (3%) in favour of the Town when tested at a flow rate of one gallon (4.54 litres) per minute, the Customer's deposit shall be forfeited towards the cost of the test. Any additional expense of removing and testing of the Meter will be paid for in full by the Customer. If the Meter is found, when tested to register in excess of three per cent (3%), a refund will be made to the Customer equal to such excess percentage of the amount of the account for the period of twelve (12) months prior to such testing of the Meter, plus the Customer's deposit for the test. Page 20 of 34 By-law 2015-104 7.20 Meter reading supersedes remote device reading Where the Water Meter 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 readout device, the Town will consider the reading at the Meter to be correct, and will adjust and correct the Customer's account accordingly. Part 8 CROSS CONNECTIONS AND BACKFLOW PREVENTION 8.1 Protection from Contamination - Cross Connection No person shall connect, cause to be connected, or allow to remain connected to the Waterworks distribution system any piping, fixture, fitting, container or appliance, in a manner which under 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. 8.2 Inspection for Cross Connections - access Any person authorized by the Town for the purpose of inspection for Cross Connections has free access, at all reasonable times, and upon reasonable notice given and request made, to all parts of every Building or other Premises to which any Water Service Pipe is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any Water Service Pipe, wire, rod or Cross Connection within or without the Building. 8.3 Access to be provided on written notice Where access is not provided the Owner shall be served with a written notice by the Town allowing seven (7) days to provide access. If access is not granted within the proposed time frame, the Town may, at its discretion, shut off the Water supply to the Premises until such time the access is granted. 8.4 Order to install control device If a condition is found to exist which is contrary to section 8.1 of this by-law, the Town shall immediately carry out an inspection and may issue such order or orders to the Customer as may be required to obtain compliance with section 8.1 of this by-law. 8.5 Failure to install - notice - Water shut-off If the Customer to whom the Town has issued an order fails to comply with that order, the Engineer, at his/her discretion, may: a) 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 Engineer may then shut off the domestic Water service or services; or b) without prior notice, shut off the Water service or services. Page 21 of 34 By-law 2015-104 8.6 Additional device on service Notwithstanding sections 8.1, 8.4 and 8.5 of this by-law, where a risk of possible contamination of the Water works distribution system exists in the opinion of the Engineer or an approved authority, a Customer shall, on notice from the Town, install on his/her Water Service Pipe a Cross Connection control device, approved by the Town, in addition to any Cross Connection control devices installed in the Customer's Water system at the source of potential contamination. 8.7 Installation of Backflow Prevention Devices Every person installing a Backflow Prevention Device shall ensure that Cross Connection control or Backflow Prevention Devices, when required for the level of Hazard as prescribed by the Ontario Building Code and/or the Town, are installed in accordance with the Ontario Building Code, CSA-B64. 0-11 "Definitions, General Requirements, and Test Methods for Vacuum Breakers and Backflow Preventers" and CAN/CSA-B64. 10-11 "Selection and Installation of Backflow Preventers", as amended from time to time. 8.8 Cross Connection Control Survey Report All Owners of a Building or Structure to which this By-law applies shall cause a Cross Connection Control Survey to be undertaken at the Owner's expense. The Cross Connection Control Survey shall be carried out starting at the water meter to the entire Plumbing System in each Building or Structure. A Cross Connection Control Survey shall be completed every five (5) years from the date of the first survey requested or upon change of operation of use of the property or as required by the Town. 8.9 Testing of Devices All Cross Connection control devices shall be inspected and tested at the expense of the Customer or Owner upon installation and thereafter annually by a qualified individual, or more often if required by the Town, to demonstrate that the device is functioning properly and is in good working order. The Owner shall submit a Test Report (see Appendix B of this By-law) of any and all tests performed on a Cross Connection control device within fourteen (14) days of a test, and a Test Tag shall be displayed on or adjacent to the Backflow Prevention Device on which the Tester shall record the address of the Premises, the location, type, manufacturer, serial number and size of the device, test date, Tester's initials, Tester's name (if self-employed) or the name of his or her employer and the Tester's license number. 8.10 Failure to test device - notification - Water shut-off If a Customer fails to have a Cross Connection control device tested, the Town or approved authority may notify the Customer that the Cross Connection control device must be tested within four (4) days of the Customer receiving the notice. If the Customer fails to have the device tested within the time allowed, the Engineer may shut off the Water service or Water services until the Cross Connection control device has been tested and approved as required by section 8.9 of this by-law. 8.11 Repair - replacement - by Customer When the results of a test referred to in section 8.9 of this by-law show that a Cross Connection control device is not in good working condition, the Customer shall make repairs or replace the device within four (4) days. If a Customer fails to repair or replace the device within the time allowed, the Engineer may shut off the Water service until such repair or replacement has been made. Page 22 of 34 By-law 2015-104 8.12 Removal of device - permission by Town No person shall without the permission of the Town remove any Cross Connection control or Backflow Prevention Devices installed as a requirement of provincial legislation notwithstanding the fact that the applicable provincial regulation has been rescinded. PART 9 USE OF WATER EXTERNALLY 9.1 Restrictions - use of Water - June, July and August External Use of Water is enforced under Town of East Gwillimbury By-law 2002- 100 as amended from time to time. Part 10 PROHIBITIONS 10.1 Prohibitions under this by-law No person shall: a) willful hinder or interrupt, or cause or procure to be hindered or interrupted, the corporation or any of its officers, Contractors, agents, servants or workers, in the exercise of any of the power conferred by this by-law; b) willful let off or discharge Water so that the Water runs waste or useless out of the Waterworks; c) being a Customer, tenant, Occupant or inmate of any house, Building or other place supplied with Water from the Waterworks, improperly waste the Water or, without the consent of the Town, lend, sell, or dispose of the Water, give it away, permit it to be taken or carried away, use or apply it to the use or benefit of another, or to any use and benefit other than his own or increase the supply of Water agreed for; d) without lawful authority willful open or close any valve or hydrant, or obstruct the free access to any hydrant, stopcock, valve, chamber or pipe by placing on it any Building material, rubbish or other obstruction; e) willful 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; or f) lay or cause to be laid any pipe or Watermain to connect with any pipe or Watermain of the Waterworks, or in any way obtain or use the Water without the consent of the corporation Part 11 ENFORCEMENT 11.1 Fine - for contravention Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act. 11.2 Continuation - repetition - prohibited - by order 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, and such order shall be in addition to any other penalty imposed on the person convicted. Page 23 of 34 By-law 2015-104 11.3 Offence - additional - damage to Waterworks Every person who, by act, default, neglect or omission occasions any loss, damage or injury to any Water public utility works, or to any Waterworks plant, machinery, fitting or appurtenance thereof is liable to the Town therefore. 11.4 Offence - additional - willful damage Every person who willfully or maliciously damages or causes or knowingly suffers to be damaged any Water Meter, lamp, lustre, Water Service Pipe, conduit, wire, rod or Water fitting belonging to the Town or willfully impairs or knowingly suffers the same to be altered or impaired, so that the Water Meter indicates less than the actual amount of the 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, lamp, lustre, Water Service Pipe, conduit, wire, rod or fitting and double the value of the surplus Water so consumed, all of which is recoverable under the Provincial Offences Act. 11.5 Offence - additional - injuring Waterworks Every person who willfully removes, destroys, damages, fraudulently alters or in any way injures any Water Service Pipe, conduit, wire, rod, pedestal, post, plug, lamp 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 liable for all damages occasioned thereby, which are recoverable under the Provincial Offences Act. Part 12 PREVIOUS BY-LAW REPEALED 12.1 Repeal - previous by-law -By-Law 77-66 By-law 77-66 of the Town of East Gwillimbury and all amendments thereto, are hereby repealed. Part 13 SHORT TITLE 13.1 Short Title The short title of the by-law shall be the Water Use By-Law. Part 14 EFFECTIVE DATE 14.1 Effective Date This by-law comes into force and effect the day it is passed. 14.2 Effective Date - Private Hydrant Flushing and Backflow Prevention Despite subsection 14.1, the Owner of a Building or Structure located on a Property to which this By-law applies and which existed prior to the date referred to in subsection 14.1 shall comply with the provisions of Part 6, subsection 6.17 and Part 8, subsections 8.1 to 8.12 prior to 12 months after the date this By-law comes into force. Page 24 of 34 By-law 2015-104 ENACTED AND PASSED this 20th day of October, 2015. Virginia Hackson, Mayor _______________________________ Fernando Lamanna, Municipal Clerk Page 25 of 34 By-law 2015-104 APPENDIX A - CROSS CONNECTION CONTROL SURVEY REPORT Page 26 of 34 By-law 2015-104 APPENDIX B - BACKFLOW PREVENTER TEST REPORT