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The Corporation of the Town of Essex
Bywlaw Number 1713
Being a By-law to Regulate Cross
Connection Control and Backflow
Prevention
Whereas Sections 1 1 and 19 of the Safe Drinking Water Act, 5.0. 2002, c. 32 (the.N Actj,
requires municipalities to ensure that all water supplied to a user'.s plumbing system
meet the requirements of the prescribed drinking water quality standards and that the
drinking water system is operated in accordance with the Act.,
And Whereas Section 1 1 (2) 6 of the Municipal Act, S.O. 2001, c. 25, as amended from
time to time (the "Municipal Act"), authorizes a municipality to regulate matters for
purposes related to the health, safety and well-being of the residents of the
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Municipality;
And Whereas Section 80 {l) and Section 80 (2) of the Municipal Act authorizes a
municipality, at reasonable times, to enter on land to which it supplies a public utility
to Inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment
and other works used to supply the public utllfty and to shut off or reduce the supply
ofthe public utility to the land for the purposes so described;
And Whereas Section 80 {3) of the Municipal Act authorizes a municipafity to enter on
the land to shut off the supply of the public utility, to remove any property of the
municipality or to determine whether the public utility has been or is being unlawfully
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used;
And Whereas Section 1 5.9 of the Building Code Act S.O. 2009, c. 23, as amended,
allows an inspector to enter upon land and into buildings to determine whether a
building Is unsafe;
And Whereas Section 15.10 of the Building Code Act 5.0. 2009, c. 23, as amended,
allows the Chief Building Official to take any measures necessary to terminate a
dangerous condition within a building;
And Whereas it Is desirable to repeal By-Law 321 being a by-law to provide for
Backflow Prevention and replace with the provisions of this By-law 1713.
NOW THEREFORE the Council of the Corporation of the Town of Essex enacts as
follows:
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1.0 Citation
1.1 This by-law may be cited as the "Backflow Prevention By-law"
2.0 Definitions
2.1
For the purposes of this By-law, the following terms and definitions shall
apply:
"Authorized Functions List" means the list of functions and the persons
authorized to carry out such functions as set out In Appendix A of this By
law;
"auxiliary water supplY' means any water source or system that may be
available in a building or on any property, other than the Town water
supply, including water from any other purveyor's water supply, water
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from any natural source such as a well, lake, river, spring or harbour and
may also include any recycled water or cistern;
"backflow" means the flowing back or reversal of the normal direction of
flow of water;
11backflow prevention device" means a device, certified to the CSA
Standard, that prevents backflow;
11buildlng" shall have the same meaning as set out In the Building Code
Act, 5.0. 2009, c. 23, as amended or any successor thereof;
11Chiel Building Official" means a chief building official or his or her
designate appointed under sections 3 or 4 of the Building Code Act
for the Corporation of the Town of Essex;
11cross connection" means any actual or potential connection between a
potable water supply or system and any source of pollution or
contamination and Includes any by-pass, jumper connection, removable
section of pipe, swivel or changeover device and any other temporary or
permanent connecting arrangement through which backflow may occur;
11Ctoss connection survey form" means the form set out In Appendix B
of this By-law;
"CSA Standard" means the document entitled 864.1 0-07/864.1 0.1-07
Selection and Installation of Backflow Preventers/Malntenance and Field
Testing of Backflow Preventers published by the Canadian Standards
Association, or any successor thereof;
"Director" means the Director, Infrastructure and Development of The
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Corporation of the Town of Essex and includes his or her designate or
successor thereof;
"Good repair" means:
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free from health hazard,
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in good working order,
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not in poor condition by reason of deterioration, neglect or
damage,
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able to perform its intended function, and;
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protected from freezing
~~Inspector" means the Chief Building Official (s) of the Town of Essex and
includes such designates so appointed for the purposes of carrying out
the enforcement of this By-law;
11owner means any person, firm or corporation having control over
property to which this by-law applies and Includes the owner registered
on the title of the property and any occupant of any building or structure
located on such property;
11potable water" means water that Is safe for human consumption;
"'premise isolation" means isolation of the water located within a
building or structure from the Town water supply;
"source isolation" means isolation of the water located within or having
flowed through a source or potential source of contamination within a
building or structure Including a device, machine, water system or the
like, from any potable water system;
"'survey* means a complete review of the water distribution system(s)
located within a building or structure to determine the presence of any
existing backflow prevention devices and/or any cross connections;
.ustructure" means anything constructed or built, either permanently
or temporarily, which Is provided with a source of potable water,
"'tester" means a person who is a certified backflow prevention device
tester who has successfully completed a cross connection course In
backflow prevention testing at an accredited school or college as defined
in the CSA Standard;
11test report" means the digital test report, the printed form of which is
set out in Appendix C of this by-law;
"test tag" means a tag acceptable to the Town containing location,
purpose, installation address and test history or the backflow prevention
device;
"Town" means The Corporation of the Town of Essex and may include,
for the purposes of this by-law, the Director, the Chief Building Official or
their designates;
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"unsafe" means in a condition that could be hazardous to the health
or safety of persons In the normal use of a potable water system or
supply and Includes a device whose testing is overdue;
"untreated water" means any water not subject to the requirements
of the Safe Drinking Water act, and/or water that is not under the direct
control or the water purveyor;
"water meter" means the water meter Installed to record the amount of
water supplied to any building or structure by the Town;
"water purveyor" means any Town owned and operated water
distribution system, and
"zone Isolation" means the isolation of the water within an area of a
building or structure from any potable water system located within
such building or structure.
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3.0 Application and Interpretation
3.1
This by-law applies to existing industrial, commercial, institutional and
multi-residential buildings and structures, except buildings of residential
occupancies as described in Division A, Article 1.1.2.4. of Ontario
Regulation 503/09 (the Ontario Building Code) or any successor thereof.
3.2
In addition to and notwithstanding Section 3.1 of this by-law, this by-law
applies where a condition exists In any building or structure within the
Town that may be hazardous or detrimental to the potable water supply
as determined by the Chief Building Official or the Director.
3.3
In this By-law:
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a)
Words importing the singular number of the masculine gender
only, include more persons, parties or things of the same kind
than one and females as well as males and the converse;
b)
A word interpreted in the singular number has a corresponding
meaning when used In the plural; and
c)
usubsectionu when used without reference to another section,
refers to a subsection contained In the same section in which the
phrase is used.
3.4
It Is declared that if any section, subsection or part or parts thereof be
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declared by any court of law to be invalid, illegal or ultra vires, then such
section, subsection or part or parts thereof shall be deemed to be
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severable and all parts hereof are declared to be separate and
independent and enacted as such.
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4.0 Cross Connection Prohibited
4.1
No person or owner shall connect, cause to be connected, or allow to
remain connected to the Town water supply or any other potable water
system any piping, fixture, fitting, container, appliance, vehicle, machine
or the like in a manner which may under any circumstance allow
untreated water, waste water or any other liquid, chemical or substance
to enter such supply or system, except In compliance with the provisions
of this by-law.
4.2
In addition to Section 4.1 and in accordance with all other provisions of
this by-law, every owner of property to which this by-law applies shall
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ensure that a backflow prevention device is Installed In respect of
premise isolation, source Isolation and zone isolation In every building or
structure where a Town water supply or other potable water supply
exists.
4.3
No person or owner shall connect, cause to be connected, or allow to
remain connected to the Town water supply, any auxiliary water supply
without written approval from the Town.
5.0
Persons Permitted to Carry Out Work
5.1 Only the persons listed in the Authorized Functions List, forming Appendix A of
this by-law, shall carry out the corresponding functions set out in such
Ust.
5.2
Any tester permitted to carry out work. as outlined in the Authorized
Functions List, shall produce, upon request of the Town, a current tester's
certificate.
6.0
Application of CSA Standard
6.1
Except as otherwise set out in this by-law, the selection, installation,
maintenance and field testing of backflow prevention devices shall be in
accordance with the CSA Standard.
6.2
Wherever the CSA Standard and this by-law are in conflict, the provisions
of this by-law shall prevail.
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7.0
Cross Connection Control Survey
7.1
Every owner of a building or structure of a type set out is Section 3.0 of
this by-law shall (at the owner's expense), every flve years or when
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otherwise required by the Town, cause to be carried out a survey of each
of his or her buildings and structures with respect to all existing cross
connections and all existing and required backflow prevention devices
and:
(a) shall ensure that such survey is carried out on a cross connection
control survey form by a person permitted to do so pursuant to the
Authorized Functions List; and
(b) shall ensure that the completed cross connection control survey
form Is complete and submitted to the Town within fourteen days of the
survey being conducted.
7.2
Notwithstanding Section 7.1, the Town reserves the right to designate
one or more qualified employees or engage the services of one or more
qualified persons, firms or agencies who meet the qualifications specified
In Section 5.0, to perform the surveys required in this Section
8.0
Selection of Bacldlow Prevention Devices
8.1
Every owner shall ensure that every backflow prevention device required
for premise isolation, zone isolation or source isolation on his or her
property is the proper device to be used pursuant to this by-law.
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8.2
Backflow prevention devices for premise, source or zone isolation
shall be determined by:
(a) the CSA Standard; or
(b} when the type of cross connection is not Identified in the
CSA. Standard, by the Town.
8.3
Notwithstanding Section 8.2 of this by-law, the Town may require, or
permit a particular backflow prevention device to be used In respect of
any cross connection.
8.4
Notwithstanding Section 8.2 of this by-law, the Town may permit an
existing backflow prevention device if previously approved as long as the
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safety of the water supply is maintained to the satisfaction of the Director
or the Chief Building Official.
8.5
Where a source isolation backflow prevention device has been installed
by the manufacturer of equipment, the cross connection Is required to be
reviewed by the Town to determine if the backflow prevention device
meets the requirements of the CSA Standard.
9.0
Installation of Backflow Prevention Devices
9.1
Every person Installing backflow prevention devices shall ensure that:
(a) such device is installed and maintained in accordance with
acceptable engineering practices, the requirements of this By-law, the
Building Code (Ontario Regulation 403/99), as amended and the CSA
Standard;
(b) such device is installed in such manner so that, in the event of
backflow, the device prevents contamination of the Town water and any
other potable water system;
{c} where such device is installed in respect of premise isolation, such
device Is located within a maximum of 3.0 metres downstream of the
water meter, except where circumstances require the device to be
Installed upstream of the water meter and such location is to the
satisfaction
of the Town;
(d) where such device Is installed In respect of premise isolation, all
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piping between the water meter and such device Is clearly labelled "no
connection permittedu unless otherwise directed by the Town;
(e) where such device is installed in respect of source or zone isolation,
all piping between the point of contamination or potential
contamination and the point at which the device is located Is labelled
"non-potable watet" and no new connections shall be permitted unless
otherwise directed by the Town;
(f) where such device is installed in a public pool as defined in the
Ontario Building Code, all exposed water piping and chlorine piping
within the water treatment service room
shall be colour coded by
means of:
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(I}
painting the entire outer surface of the piping, or
(II)
coloured bands at least 25 mm (l In) In width and spaced along
the piping at intervals of not more than 1 ,200 mm (4ft 1 in);
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(Iii)
colour coding referred to in (i) and (II} shall be yellow for
chlorine and green for potable water.
10.0 Testing of Devices
1 0.1
Every owner who has a testable backflow prevention device located on
his or her property shall ensure that:
(a) such device Is tested by a tester when it is first installed and annually
thereafter or when requested by the Town and also when It is cleaned,
repaired, overhauled or relocated;
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(b) a test report is provided to the Town within fourteen days of the test
being c.onducted;
(c) in the event that the water supply to the device cannot be shut
down In order to facilitate testing, a by-pass shall be Installed around
the device with a suitable backflow prevention device installed In the
by-pass to allow for testing of both devices.
1 0.2
Every person who tests a backflow prevention device shall carry out such
testing In accordance with this by-law and the CSA Standard.
1 0.3
Every person who tests a backflow prevention device shall:
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(a} provide a legible test report to the owner in respect of such test;
(b) upon finding that a backflow prevention device is malfunctioning or
otherwise not in proper working order, Immediately notify the Town
and the owner;
(c) upon completing the test, complete and affix a test tag to the device
or immediately adjacent to the device on the piping connected thereto.
11.0 Inspections
11.1
The Town may, at any reasonable time, enter onto any property, building
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or structure to inspect for compliance with this by-law -
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1 1.2
When carrying out an Inspection pursuant to Section 1 1.0, the Town may:
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(a) require the production for inspection of documents or things
relevant to the inspection;
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{b) inspect and remove documents or things relevant to the inspection
for the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to
the inspection; and
(d) make examination or take tests, samples or photographs necessary
for the purpose of the Inspection.
11 .3
No person shall hinder or obstruct, or attempt to hinder or obstruct an
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inspector in the exercise of a power or performance of duty under this by
law.
12.0 Remedial Works
12.1
As per Section 15 of the Ontario Building Code Act, where the Town finds
that an unsafe condition exists on any lands or within any buildings or
structures that may allow contamination of the 'Town's municipal water
supply or the contamination of any other potable water system on any of
such properties the Chief Building Official may:
{a) issue an Order of Compliance to the owner to eliminate the unsafe
condition and in doing so may prescribe a time period for compliance
with such Order; or
(b) may notify the Director who may without notice Immediately shut
off the water supply to the property or any portion thereof until the
condition is eliminated if the condition is, or potentially is, hazardous to
the health or safety of persons in the normal use of the building,
persons outside the building or persons whose access to the building
has not been reasonably prevented.
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12.2
If the time period for compliance as prescribed in subsection 1 O.l.(b) or
12.1.(a} has passed without compliance, the Director may; shut off the
water supply to the subject lands, buildings or structures or any portion
thereof until the unsafe condition is eliminated.
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13.0 General Provisions
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13.1
Every owner of property upon which a backflow prevention device is
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installed shall ensure that such device is In good repair at all times.
13.2
In addition to any other provision of this by-law, the Town may at any
time order an owner to engage the services of a qualified tester to
conduct tests, provide reports and undertake any other measures
required for the prevention of backflow or the protection of a cross
connection.
14.0 Removal of Backflow Prevention Devices Prohibited
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14.1 No person shall remove a backflow prevention device or part thereof after
It has been installed and no owner of a building or structure In which a
backflow prevention device is installed shall cause or permit the removal of
such device unless prior notice in writing is provided to the Town and such
removal is:
(a) to facilitate the immediate repair of the device and such device Is
replaced immediately after such repair is carried out; or
(b) to immediately replace the device with another device that meets or
exceeds the provisions of the by-law; or
(c) is otherwise permitted by the Town.
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15.0 Offenses
15.1 Every person who contravenes any provision of this by-law is guilty of an
offence and, upon conviction, is liable under any provisions of the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33
16.0
Late Filing Fee
16.1 Every person who does not submit a test report, cross-connection survey
form or tester's certificate within the specified time period as required in
this by-law, will be subject to a late filing fee of $100.00
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17.0 Appendices
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17.1
Appendices A through C inclusive attached hereto and the CSA
Standard are incorporated by reference and shall form of this By-law.
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Now therefore be it resolved that the Council of The Corporation of the Town of
Essex enacts as follows:
1. That By-Law Number 321 and all amendments thereto are hereby repealed and
replaced by this By-Law Number 1703.
2. That this By-Law shall come Into full force and effect upon the final passage
thereof.
Read a first, a second and a third time and finally passed on June 4, 2018.
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Mayor
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Clerk~
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