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The Municipal Corporation of the
Town of Fort Erie
By-law No. 66-2016
________________________________________________________________
Being a By-law to Regulate the Management of a
System of Water Works in the Town of Fort Erie
and to Repeal By-law No. 199-04
Whereas By-law No. 199-04 passed by the Municipal Council of the Town of Fort Erie on October
25, 2004, regulates the management of a system of water works in the Town of Fort Erie; and
Whereas Report No. IS-15-2016 was considered at the Council-in-Committee Meeting held on
May 16, 2016, and subsequently authorized and approved by Council, to revise and update By-law
No. 199-04, including publication of notice of the proposed Water Works By-law; and
Whereas it is deemed necessary for the development and control of the Water Works, that up-
dated regulations for the management of the system of Water Works in the Town of Fort Erie, be
approved and that By-law No. 199-04 be repealed;
Now therefore the Municipal Council of The Corporation of theTown of Fort Erie enacts as follows:
1.
That the regulations for the management of the Town of Fort Erie's system of water works
attached as Schedule "A", and the set fines attached as Schedule "B", forming part of this
by-law, are established, authorized and approved.
2.
That in the event of a conflict between the provisions of this by-law and the provisions of
any other by-law, the provisions of this by-law shall prevail.
3.
That the short title of this by-law is "The Water Works By-law".
4.
That By-law No. 199-04 is repealed.
5.
That the Clerk of the Town is authorized to effect any minor modifications, corrections or
omissions, solely of an administrative, numerical, grammatical, semantical or descriptive
nature to this by-law or its schedules after the passage of this by-law.
Read a first, second and third time and finally passed this 20th day of June, 2016.
Mayor
Clerk
I, Laura Bubanko, the Clerk, of The Corporation of the Town of Fort Erie certifies the foregoing to be a true copy of By-law
No. 66-2016 of the said Town. Given under my hand and the seal of the said Corporation, this day of , 20
______________________________________________________
Schedule 'A' to By-Law No. 66-2016
Page 1 of 26
TABLE OF CONTENTS
Part I - DEFINITIONS ................................................................................................................ 2
Part II - SYSTEM ADMINISTRATION ....................................................................................... 5
GENERAL .............................................................................................................................. 5
ADMINISTRATIVE RESPONSIBILITIES ................................................................................ 5
OBJECTIVES ......................................................................................................................... 5
Part III - WATER SERVICE CONNECTIONS ............................................................................ 7
3.1
APPLICATION FOR SERVICE .................................................................................... 7
3.2
INSTALLATION SPECIFICATIONS ............................................................................. 8
3.3
COMMENCEMENT OR DISCONTINUANCE OF SERVICE .......................................10
3.4
SHUTTING OFF SUPPLY OF WATER .......................................................................10
3.5
RESPONSIBILITY OF OWNER ..................................................................................11
3.6
RESPONSIBILITY OF OWNERS OF PRIVATE PLUMBING SYSTEMS, NON-
MUNICIPAL DRINKING WATER SYSTEMS AND PRIVATE HYDRANTS ............................12
3.7
CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION .......................13
3.8
TERMINATION AND BLANKING OF SERVICES .......................................................16
3.9
INSPECTIONS ...........................................................................................................16
3.10 FAILURE TO PERMIT ACCESS TO BUILDING OR PREMISES .................................17
Part IV - RESTRICTIONS.........................................................................................................17
4.1
GENERAL RESTRICTIONS .......................................................................................17
4.2
WATER USE RESTRICTIONS ...................................................................................18
4.3
SUPPLY OF WATER FOR CONSTRUCTION PURPOSES .......................................18
4.4
SUPPLY OF WATER FOR OTHER TEMPORARY PURPOSES ................................18
4.5
TEMPORARY USE OF FIRE HYDRANTS FOR OTHER THAN FIRE PURPOSES ...19
4.6
THAWING OF FROZEN PRIVATE PIPES AND HYDRANTS .....................................19
Part V - WATER METERS .......................................................................................................19
GENERAL .............................................................................................................................20
Part VI - FIRE USE ..................................................................................................................22
GENERAL .............................................................................................................................22
PART VII - PROHIBITIONS, ENFORCEMENT AND PENALTIES ............................................23
7.1
PROHIBITIONS ..........................................................................................................23
7.2
ENFORCEMENT ........................................................................................................25
7.3
RECOVERY OF REVENUE LOSSES.........................................................................26
Schedule 'A' to By-Law No. 66-2016
Page 2 of 26
PART I - DEFINITIONS
1.
For the purpose of this By-law:
1.1
"Agent" means a person authorized by the Town to provide services on behalf of
the Town.
1.2
"appurtenances" mean the apparatus or equipment that is a pertinent accessory
to the Water Works system, including but not limited to municipal water laterals
and their components, or to a private plumbing system, or to a fire protection
system.
1.3
"blank or blanking" means the temporary or permanent decommissioning of a
pipe by means of plugging, capping, or other method approved by the Engineer.
1.4
"building" means any structure, consisting of walls and a roof, including a trailer,
which:
(i)
is located on a parcel of land having frontage on a public highway and/or
the Water Works system, and
(ii)
1. contains, or is required by by-law, regulation or statute to contain any
permanent sleeping, eating or food preparation facilities; or
2. contains or is required by by-law, regulation or statute to contain any
washing or toilet or cleaning facilities; or
3. is connected, or is required by by-law, regulation or statute to be
connected, to a water supply system, or Water Works; or
4. is a source of sewage; or
5. is habitable.
1.5
"Chief Building Official" means the Chief Building Official of the Town
appointed by the Municipal Council of the Town pursuant to the Building Code
Act, 1992, S.O. 1992, c.23, as amended or replaced, and includes his or her
designate.
1.6
"connect" (connects, makes a connection, connected) means to install a water
service connection, including laterals and lateral appurtenances.
1.7
"cross connection" means any temporary, permanent or potential connection to
the Water Works that could allow backflow or back siphonage into the Water
Works of untreated water contaminants, pollutants, injurious chemicals,
infectious agents or other substances that may alter the quality and/or safety of
the potable water supply, and includes hydrant connections, swivels or
changeover devices, removable sections, jumper connections and by-pass
arrangements.
1.8
"curb stop" means a Town valve installed in the water service connection and
accessible for operation from the surface of the ground for the purpose of
interrupting flow through the water service connection, normally installed at or
near the property line.
Schedule 'A' to By-Law No. 66-2016
Page 3 of 26
1.9
"dwelling" means a building, room or physical structure that is actually being
occupied and used as a residence or live-in accommodation.
1.10 "Engineer" means the Director, Infrastructure Services of the Town from time to
time, or the holder of the office exercising the functions performed by the said
Director, and includes his or her designate.
1.11 "Fire Chief" means the Fire Chief appointed by the Municipal Council of the
Town pursuant to the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4,
as amended or replaced, and includes his or designate.
1.12 "fire water meter" means a meter designed to measure the quantity of water
used by a fire protection service or system.
1.13 "fire protection service or system" means a system of pipes and
appurtenances designed to deliver a water supply for the purposes of fire
suppression.
1.14 "Inspector" means and includes the Engineer, Chief Building Official, and Fire
Chief, and any other Town employee or Agent assigned by any one of them with
responsibility for administering and enforcing this By-law.
1.15 "meter chamber" means an accessible in-ground structure located remote from
any building or premises and solely used for containing and protecting any water
meter, backflow prevention device and appurtenances associated piping and
apparatus installed to serve that property.
1.16 "municipal fire hydrant" means a hydrant owned by the Town.
1.17 "municipal standards" means standards, guidelines, specifications and
drawings relating to watermain construction and maintenance, and operation of
the Water Works, which are approved by the Town from time to time.
1.18 "municipal water lateral(s)" means the pipes and appurtenances of the Water
Works located within the right-of-way and situated between the watermain and
the property line or up to and including the curb stop, if it is located outside the
right-of-way.
1.19 "non-municipal drinking water system" means a drinking water system as
defined by the Safe Drinking Water Act, 2002, S.O. 2002, c.32, as amended or
replaced from time to time.
1.20 "Owner" means the registered owner of a property, the person in charge of a
property, a lessee, a mortgagee in possession, and a person acting as the
owner's authorized agent.
1.21 "person" means a human being, association, firm, partnership, corporation,
agent or trustee, and the heirs, executors or other legal representatives of a
person at law.
1.22 "premises" means a building or property abutting on a right-of-way through
which a water service connection is laid.
1.23 "private fire hydrant" means a hydrant owned by a person other than the Town.
Schedule 'A' to By-Law No. 66-2016
Page 4 of 26
1.24 "private water lateral" means the water pipes and appurtenances located
between the property line or curb stop and a water meter. If a water meter is
located in a meter chamber, the private water lateral includes any water service
pipe from the water meter to the interior face of the outer wall of the building
being served.
1.25 "private plumbing system" means a privately owned network of water supply
pipelines, including valves and appurtenances, supplied with water by the Town
and:
(i)
servicing two or more units, and/or
(ii)
contains one or more private hydrants, and/or
(iii)
does not include non-municipal drinking water systems.
1.26 "rates" means those rates, levies, rents or charges for the supply and/or use of
water established by by-law by the Town from time to time.
1.27 "Regional watermain" means a pipe transmitting water under the jurisdiction of
the Regional Municipality of Niagara and includes all associated appurtenances,
exclusive of the water service connection.
1.28 "right-of-way" means a public highway, lane or easement in which a watermain
is located.
1.28 "Town" means The Corporation of the Town of Fort Erie.
1.29 "Treasurer" means the Director, Corporate Services of the Town from time to
time or the holder of the office exercising the functions performed by the said
Director, and includes his or her designate.
1.30 "unit" means residential, commercial, or industrial premises, which is separated
or is capable of being separated, from any other premises recorded on the last
revised assessment roll of the Town.
1.31 "urban boundary" means the limits of the urban areas designated in the
Town's Official Plan.
1.32 "water" means potable water supplied by the Town through the Town's Water
Works..
1.33 "water consumption" means the amount of water consumed or used by an
Owner as determined through metering or estimates approved by the Engineer
and/or the Treasurer, as applicable.
1.34 "watermain" means a watermain that supplies water to water service
connections and hydrants.
1.35 "water meter" means the mechanical device installed under the provisions of
this By-law for the purpose of measuring the quantity of water supplied by the
Town to any building or premises in which such meter is installed and may
include the meter body, mechanism, associated pipe, valve and wires, and any
appurtenances apparatus attached thereto.
1.36 "water service connection" means a municipal water lateral or a private water
lateral or connection to a private plumbing system, including a water meter.
Schedule 'A' to By-Law No. 66-2016
Page 5 of 26
1.37 "Water Works" means and includes without limitation any and all buildings,
structures, equipment, appurtenances, devices, conduits, underground pipelines,
municipal water laterals, outlets, and related installations and other works so
designed for the distribution of water.
PART II - SYSTEM ADMINISTRATION
GENERAL
2.1
This By-law applies to the construction, management, operation and
maintenance of the Water Works under the jurisdiction of the Town.
2.2
Water Service Areas covered under this By-law are identified in the Infrastructure
Master Plans.
2.3
The Town and/or Owner shall manage and maintain the Water Works in
accordance with the provisions of this By-law and the provisions of all relevant
statutes, regulations, policies as amended or replaced from time to time.
ADMINISTRATIVE RESPONSIBILITIES
2.4
Administrative Responsibilities are as follows:
2.4.1 The Engineer is responsible for administration and operation,
maintenance and repair, of the Water Works in accordance with this By-
law and with all applicable statutes, regulations, policies and by-laws
adopted from time to time by the Town.
2.4.2 The Chief Building Official is responsible for the enforcement of the
Building Code and the issuance of any plumbing permits related to the
construction, maintenance or operation of any part of the buildings and
facilities served by the Town's Water Works systems and Sewer Works
systems, and for the inspection of work done under the plumbing permits.
2.4.3 The Fire Chief is responsible for the administration and operation of fire
suppression services utilizing the fire suppression water supplied by the
Water Works and in particular the use of municipal or private fire hydrants.
2.4.4 The Treasurer is responsible for the administration of the water and
wastewater billing and collection activities in accordance with this By-law
and with applicable statutes, regulations and policies, and by-laws passed
by the Town from time to time.
OBJECTIVES
Schedule 'A' to By-Law No. 66-2016
Page 6 of 26
2.5
The following objectives shall be sought in managing and operating the Water
Works:
2.5.1 The Town is committed to the operation, management and maintenance
of the Water Works through adherence to the Town's Quality
Management System and supporting Operational Plan in conjunction with
the conditions of its Municipal Drinking Water Licence and Drinking Water
Works Permit;
2.5.2 The Town does not guarantee the supply or quantity of water, and failure
to supply water shall not be construed as neglect on the part of the Town.
The Town shall at no time be held liable for an inadequate supply of water
or by reason of the Town restricting the supply of water or for refusing the
supply of water;
2.5.3 The rules and regulations set out in this By-law shall govern and regulate
the management of the Water Works owned by the Town and shall be
considered to form an integral part of the supply and service contract
between the Town and any Owner for a supply of water by the Town.
Every such Owner by applying for and accepting the supply of water from
the municipal Water Works, shall be deemed to have expressed his/her
consent to be bound by the said rules and regulations;
2.5.4 Recommendations contained in the latest revision of the Water Master
Plan as adopted by the Town by by-law should be implemented as
appropriate, subject to resource limitations through the annual budgeting
process;
2.5.5 The following criteria, listed in order of importance, shall be considered
when determining and/or evaluating the priorities of capital projects for the
Water Works:
(i)
Deficiencies due to water quality, pursuant to regulatory
requirements (e.g. microbiological requirements, chlorine residual
maintenance);
(ii)
Deficiencies due to water/aesthetics as per regulatory requirements
(e.g. taste, odour, colour);
(iii)
Deficiencies due to physical defects and conditions (e.g. frequency
of repair, leakage rate, repair cost history, material condition, utility
location);
(iv)
Deficiencies due to inadequate supply (e.g. poor pressure and/or
volume for fire protection and/or domestic or industrial/commercial
supply);
(v)
Deficiencies in supporting development opportunities (e.g. unable
to extend Owner base);
Schedule 'A' to By-Law No. 66-2016
Page 7 of 26
(vi)
Deficiencies due to non-looping (e.g. no alternate supply, fire
protection, chlorine residual, maintenance, aesthetics); and
(vii)
Deficiencies in associated municipal infrastructure (e.g. road,
sanitary sewer, storm sewer deficiencies.
2.5.6 Initiative should be developed and implemented to reduce water losses
through water audit and water loss balance exercises as identified in
industry best practices.
PART III - WATER SERVICE CONNECTIONS
3.1
APPLICATION FOR SERVICE
3.1.1 Every Owner requesting the Town to install and construct water service
connections shall complete and submit an application to the Infrastructure
Services Department, together with the fees and charges established by
the Town by by-law from time to time.
3.1.2 Every Owner wishing to contract with a qualified contractor to install and
construct a water service connection shall complete and submit an
application to the Infrastructure Services Department together with a non-
refundable inspection fee established by the Town by by-law from time to
time.
3.1.3 Upon approval of the application by the Infrastructure Services
Department, a permit shall be issued to the Owner, and the Owner shall
comply with the permit conditions as contained therein.
3.1.4 The Owner shall pay all applicable fees and charges for the supply and
installation of the municipal or private water connection, its replacement or
disconnection, established by the Town by by-law from time to time, in
advance of the said supply and installation, replacement or disconnection.
3.1.5 The Engineer must first approve the size of any pipes and fittings to be
connected to a watermain before any such connection occurs, and at the
same time, shall further determine the location in the right-of-way where
the water service connection may be connected to the watermain.
3.1.6 No pipe shall be connected to or provided from the Water Works without
the prior approval in writing from the Engineer. No pipe shall be replaced,
relocated, disconnected or removed from the Water Works without the
prior approval in writing from the Engineer. All water service connections
to the Water Works and all replacements, relocations, disconnections or
removals from the Water Works require prior approval through written
application and the issuance of a permit therefor by the Town.
Schedule 'A' to By-Law No. 66-2016
Page 8 of 26
3.1.7 A building, premises or facility must be on property defined as having
frontage or flankage on a Town owned watermain in order to be issued a
permit to connect to the Water Works.
3.1.8 No extension of an existing watermain within established urban
boundaries shall be made unless the annual revenue to be derived from
Owners benefiting from such an extension shall amount to at least ten
percent (10%) of the total installation cost of such extension, unless
funded under local improvement provisions, or unless it is in the best
interests of the Town as determined by Council to make such extension.
3.1.9 Every property with building(s) or premises fronting on the Water Works
shall be connected to the system with only one water service connection.
3.1.10 Once a water service connection has been installed, and connected to the
Water Works, the water service connection shall not be disconnected from
the Water Works without the permission of the Engineer.
3.2
INSTALLATION SPECIFICATIONS
3.2.1 Municipal water laterals shall consist of a watermain stop connection, the
water lateral pipe, and a curb stop at the property line fitted with a curb box
and stainless steel shut-off rod. The municipal curb stop valve is not
provided for nor intended to guarantee water service termination to
facilitate seasonal building closure.
3.2.2 Municipal water laterals for a single water service connection shall be a
minimum 20mm diameter type "k" soft copper conforming to all applicable
standards and regulations.
3.2.3 All pipes, fittings, attachments, method of installation, maintenance, use,
repair, renovations to and removal of any private water lateral shall be in
compliance with the Building Code and this By-law.
3.2.4 In selecting the diameter of a water service connection, the following
factors shall be considered by the Owner:
(i) sizing requirements of the Building Code;
(ii) total length of water service which will be required to reach
the building or premises;
(iii) elevation of the building relative to the watermain;
(iv) available head (pressure) in watermain;
(v) loss of head (pressure) resulting from the pipe material, pipe
length, fittings and/or water meter; and
Schedule 'A' to By-Law No. 66-2016
Page 9 of 26
(vi) required head (pressure) at point of water usage.
3.2.5 Watermain stops and curb stops shall be manufactured to AWWA C800
standards or equivalent.
3.2.6 All municipal water laterals shall be installed by the Town or its Agent at
the expense of the Owner, as set out in Section 3.1, or by the Owner's
agent with written approval from the Town.
3.2.7 The work to be done by the Town or its Agent or by the Owner's agent, in
the provision of a water service connection shall include the review of the
sizing of the service, the excavation of the trench, the tapping of the
watermain, the supply and installation of the municipal water lateral to the
property line, including watermain stop and curb stop, the backfilling of the
trench and restoration of the worksite surface.
3.2.8 The Town shall be responsible for the cost of maintaining municipal water
laterals and for keeping the same in good repair.
3.2.9 Private water laterals from the curb stop shall be provided and maintained
by and at the expense of the Owner.
3.2.10 No water pipe connection shall be made to a private water lateral or a
private plumbing system connection other than on the outlet side of a
Town water meter.
3.2.11 Every municipal water lateral shall have a minimum depth of cover of 1.7
metres, unless otherwise approved by the Engineer.
3.2.12 Every private water lateral shall have a minimum cover of 1.7 metres or
shall be protected to the satisfaction of the Chief Building Official.
3.2.13 The installation of private water laterals, water service connections, private
plumbing systems and private fire hydrants and municipal fire hydrants
shall be inspected and tested by the Town before backfilling commences.
All materials used in the supply and installation of water service
connections shall be in accordance with Town standards and must be as
approved by the Engineer.
3.2.14 Private water laterals 100mm and greater shall not be put into service until
they have been commissioned and inspected by the Town, and the Town
has completed its final inspection and acceptance. Commissioning of
these laterals shall be pursuant to the provisions of Town standards. Town
staff shall complete these works with all costs to be the responsibility of
the Owner.
Schedule 'A' to By-Law No. 66-2016
Page 10 of 26
3.3
COMMENCEMENT OR DISCONTINUANCE OF SERVICE
3.3.1 Where a new or replacement water service connection is installed or
where the Town has shut off the supply of water to an existing water
service connection, no person other than an employee or Agent of the
Town so authorized by the Engineer shall turn on the supply of water.
3.3.2 Permission to occupy any building will not be granted until such time as a
water meter is installed for the building if such is required under this By-
law and the water meter shall be operational to the satisfaction of the
Chief Building Official or the Engineer.
3.3.3 If first authorized by the Engineer, a duly qualified and licenced plumber
may, notwithstanding Subsection 3.3.1, may temporarily turn on a supply
of water to test any water service connection installation or repair, and
upon completion of the test, immediately shut off the supply of water. If the
existing water service connection is operating, a duly qualified and
licenced plumber, when making repairs, may temporarily shut off the
supply of water, and upon completion of the repairs, shall immediately
resume the supply of water.
3.4
SHUTTING OFF SUPPLY OF WATER
3.4.1 The Town may shut off the supply of water for any of the following causes:
(i)
default in payment of any rate, fee or charge for water supplied;
(ii)
default in payment of any charge with respect to the cost of any
work or service done or furnished for the purpose of the supply of
water;
(iii)
default in payment of any rental of or charges for fittings, apparatus,
meters or any such equipment leased or furnished to the Owner by
the Town;
(iv)
default in payment of any sewage service rates or charges imposed
on the Owner of any land which is based on the water rates or
charges applicable in respect of such land;
(v)
failure to provide access to the property or premises as provided
under this By-law;
(vi)
as a result of any contravention of any provisions of this By-law;
(vii)
failure to pay a set fine as specified under Part VII of this By-law;
(viii)
where a faulty water service connection is believed to exist which
will result in the undue waste of water, or where such fault could
result in property damage;
Schedule 'A' to By-Law No. 66-2016
Page 11 of 26
(ix)
where work has commenced prior to obtaining a required building
permit, at the discretion of the Chief Building Official; and
(x)
at the request of the Owner.
3.4.2 Where the Town has caused a water service connection believed to be
defective to be shut off, such water service connection shall not be
restored until the Town has been satisfied that no such defect exists or
that any defect therein has been properly rectified.
3.4.3 In an instance wherein water supply has been terminated due to
outstanding arrears and where the Town has been requested to turn on
the supply of water to a private water lateral, the Town shall not tum on
such supply of water until the Owner has paid the applicable fees
established by the Town by by-law, from time to time and any outstanding
arrears, or has made satisfactory arrangements for payment as approved
by the Treasurer.
3.4.4 Where a water service connection has been shut off for any reason, the
water service connection shall not be reactivated unless the Owner is
present in the building or premises to ensure no damage results during the
reactivation of the water service connection.
3.4.5 Turn on and turn off fees as established by by-law from time to time will be
applied to the water account in recovery of costs for providing the service.
3.5
RESPONSIBILITY OF OWNER
3.5.1 Every Owner shall, at their expense, keep the private water lateral and
water meter in good order and condition and adequately protected from
freezing.
3.5.2 The entire cost of providing, installing, replacing and renewing,
maintaining and repairing each private water lateral shall be the
responsibility of and be paid for by the Owner.
3.5.3 Notwithstanding the provisions of Section 3.4.1 (viii), should a leakage
occur and waste of water be detected on the private water lateral, the
Owner shall complete repairs of the said leakage at his/her own expense
after being notified by the Town of the leak.. In the event of non-
compliance with this provision by the Owner, the Town may undertake to
discontinue the water supply until the necessary repairs have been made
by the Owner. All repairs are to be inspected by the Town prior to backfill.
3.5.4 Any Owner who takes or consumes water, or permits to be taken or
consumed water, or who experiences the loss of water from their water
service connection or private plumbing system that has not passed
Schedule 'A' to By-Law No. 66-2016
Page 12 of 26
through and been registered by a Town water meter, shall report the
taking, consumption or loss of water to the Town.
3.5.5 Any person duly authorized by the Town may at all reasonable times, and
upon giving reasonable notice to the Owner, shall be allowed access to a
building, other than a dwelling, and land for the purpose of inspecting,
repairing, altering, disconnecting or installing water meters, curb stops,
fixtures, pipes and appurtenances of every kind used in connection with
the supply of water to and for the use of water in such building or within
such land.
3.5.6 Every Owner shall be responsible for advising the Treasurer of any
change in the water service account information including changes to the
Owner's address, billing address, and telephone number, or selected
method of account payment.
3.5.7 Only the Owner, or Owner's agent, may request water meter verification,
final water meter reading, water supply shut-off or water supply turn-on.
Such requests shall be made in writing attention to the Treasurer, in a
form specified by the Treasurer.
3.6
RESPONSIBILITY OF OWNERS OF PRIVATE PLUMBING SYSTEMS,
NON- MUNICIPAL DRINKING WATER SYSTEMS AND PRIVATE HYDRANTS
3.6.1 Every Owner of a private plumbing system, non-municipal drinking water
system or a private fire hydrant shall cause such system or such hydrant
to be inspected annually by a duly qualified and licenced plumber or a
more specialized trades person approved by the Engineer, and such
approved plumber trades person shall provide a report in writing to the
Engineer on or before the last weekday of October in each and every
year, in a form satisfactory to the Engineer, certifying that the following
items have been satisfactorily addressed or conducted, namely:
(i)
a Fire Code and preventative maintenance inspection,
(ii)
hydrant flows and pressure testing ascertained,
(iii)
hydrant adjustment and lubrication,
(iv)
valve cleaning, adjustment and lubrication,
(v)
flushing in conjunction with engineered flushing of the distribution
system of the Town,
(vi)
leak detection investigation,
(vii)
maintenance work that is required,
(viii)
any physical indication of a deteriorated water quality,
(ix)
confirmation that the inspection included all pipelines, valves,
hydrants and other appurtenances comprising the private plumbing
system or non-municipal drinking water system , and
Schedule 'A' to By-Law No. 66-2016
Page 13 of 26
(x)
assurance of hydrant visibility and accessibility free of obstructions
pursuant to Subsection 4.1.3.
3.6.2 The report required pursuant to Subsection 3.6.1 of this By-law shall be in
a form or format previously approved by the Engineer.
3.6.3 Prior to being approved by the Engineer pursuant to Subsection 3.6.1 of
this By-law, the plumber or trades person must first provide evidence of
bonding and insurance covering all relevant associated risks that may be
involved in conducting any inspections pursuant to the provisions of
Subsection 3.6.1 of this By-law, and shall name the Town as an additional
insured.
3.6.4 A plumber or trades person conducting an inspection pursuant to the
provisions of Subsection 3.6.1 of this By-law shall first provide three (3)
working days written notification to the Engineer and the Fire Chief, prior
to flow testing or flushing any private fire hydrant or other hydrant, and
shall provide a minimum of 24 hours written notification to potentially
affected water users in the area prior to flow testing or flushing any private
fire hydrant or other hydrant or fire suppression system.
3.6.5 The Engineer shall have authority to establish detailed administrative and
operational regulations and procedures with regard to any inspection
which may be conducted under the provisions of Subsection 3.6.1 of this
By-law, and may make amendments from time to time, provided they are
consistent with the provisions of this By-law, including Subsection 3.6.1
thereof.
3.6.6 At the request in writing of the Owner, subject to available resources, and
at the discretion of the Engineer, the inspection of private water systems
and hydrants and the reporting of same may be carried out by the Town,
at the Owner's expense on a cost recovery basis.
3.7
CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION
3.7.1 Cross connections shall not be permitted to the Water Works unless
approved in advance by the Engineer.
3.7.2 If a condition is found to exist which is contrary to Subsection 3.7.1 of this
By-law, the Engineer or Chief Building Official as applicable, shall
immediately carry out an inspection and shall issue such order or orders to
the Owner as may be required to obtain compliance with Subsection 3.7.1
of this By-law and the Building Code.
3.7.3 If the Owner to whom the Engineer or Chief Building Official as applicable
has issued an order fails to comply with that order, the Engineer or Chief
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Building Official as applicable, at his/her discretion, based on the threat
posed to water safety and quality, may:
(i)
give notice to the Owner 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 water service or services;
or
(ii)
without prior notice, shut off the water service or services and/or
otherwise isolate the fault from the Water Works; and/or
(iii)
carry out or cause to be carried out the corrective work at the
Owner's expense.
3.7.4 Notwithstanding Subsections 3.7.1, 3.7.2 and 3.7.3 of this By-law, where a
risk of possible contamination of the Water Works exists in the opinion of
the Engineer or Chief Building Official, an Owner shall, upon notice by the
Town:
(i)
complete a comprehensive cross connection control survey of all
connections within the private plumbing works. The survey is to be
completed by a person holding valid certification to complete these
works approved by the Engineer or Chief Building Official. The
results of the survey are to be documented on a Town approved
form. Upon review of the completed survey form by the Engineer or
Chief Building Official, the Owner will as directed, and at their
expense, install on his/her private water lateral, a backflow
prevention or cross connection control device, that has been
identified within the survey as an approved device in addressing the
hazard. Device installation will provide entire premise isolation. The
requirement for premises isolation protection is in addition to any
backflow prevention control devices, or cross connection control
device, installed in the Owner's portion of the water service system,
at the source of potential contamination; and
(ii)
in the event there is a change in ownership or a change in use or
zoning of a building or premises, a new survey is required to
determine whether:
a. The premise isolation device continues to adequately
address previously identified hazards, and/or
b. The device requires upgrade or change, and/or
c. The device may be removed if the results of the new survey,
as reviewed and approved by the Engineer or Chief Building
Official, has identified the building or premises change has
eliminated any potential hazard.
3.7.5 When water is temporarily supplied for construction purposes under
Subsection 4.3 or for other temporary purposes pursuant to Subsection
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4.4, or when water is temporarily supplied from a private or municipal fire
hydrant under Subsection 4.5, a backflow prevention device and
secondary shut-off valve acceptable to the Engineer shall first be
provided.
3.7.6 The Engineer may require that a private plumbing system or non-
municipal drinking water system be isolated from the Town's water
distribution system by means of a backflow prevention device, approved
by the Engineer.
3.7.7 Cross connection control or backflow prevention devices, when required
by the Town, shall be installed in accordance with all applicable standards,
statutes and regulations, as amended or replaced from time to time.
3.7.8 All cross connection control devices and backflow prevention devices shall
be inspected and tested at the expense of the Owner, upon installation,
and thereafter annually, or more often if required by the Town, by
personnel approved by the Town to carry out such tests, to demonstrate
that the device is in good working condition. The Owner shall submit a
report on the Town's form as approved by the Engineer for any or all tests
performed on the backflow prevention device or a cross connection control
device within seven (7) days of a test, and a record card shall be
displayed on or adjacent to the device on which the tester shall record the
address of the premises, the location, type, manufacturer, serial number
and size of the device, the test date, the tester's initials, the tester's name
(if self-employed) or the name of his/her employer and the tester's licence
number.
3.7.9 If an Owner fails to have a backflow prevention device or a cross
connection control device tested, the Town, or its Agent, may notify the
Owner that the device must be tested upon the Owner receiving the
notice. If the Owner fails to have the device tested within the time
allowed, the Engineer, upon the provision of reasonable notice, may shut
off the water service or water services until the device has been tested
and approved as required by subsection 3.7.8 of this By-law.
3.7.10 When the results of a test referred to in Subsection 3.7.8 of this By-law
show that a backflow prevention device or a cross connection control
device is not in good working condition, the Owner shall make repairs or
replace the device. If an Owner fails to repair or replace the device within
the time allowed, the Engineer, upon the provision of reasonable notice,
may shut off the water service connection until such repair or replacement
has been made to the satisfaction of the Engineer.
3.7.11 No person shall remove any installed cross connection control or backflow
prevention device, unless the Town first grants permission for such
removal in writing.
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3.7.12 Any person authorized by the Town has free access, at all reasonable
times upon giving reasonable, to all parts of every building, other than a
dwelling, or the premises where any water service connection is
provided, for the purpose of inspecting, or repairing, or altering or
disconnecting a backflow prevention device or a cross connection device,
including associated pipe and fittings
3.8
TERMINATION AND BLANKING OF SERVICES
3.8.1 The Owner of a private water lateral or private water service connection
shall provide written notification to the Town when use of the water service
connection is to be disconnected and blanked, and the Owner shall pay to
the Town a disconnection fee as established by the Town by by-law from
time to time. The service disconnection and blanking will be at the
immediate downstream connection at the curb stop and must be inspected
and approved by the Town prior to backfill.
3.8.2 Any Owner requiring the discontinuation of a private water lateral or a
private water service connection and the removal of the Town water meter
for the purpose of demolition, or for any other reason, shall excavate,
backfill and reinstate the excavation so that the Town or its Agent may
blank the water service connection. Prior to demolition and the release of
any deposit, the water meter shall be returned to the Town.
3.8.3 Disconnected private water laterals or private water service connection
shall not be reconnected unless the Owner reapplies for water service
connection in accordance with Section 3.1 and pays the applicable fees
established by the Town by by-law from time to time.
3.8.4 The base rate component of the account billing as established by the
Town by by-law from time to time will remain in effect despite the
discontinuation or blanking of the water service connection, unless
otherwise approved by the Engineer and Treasurer.
3.9
INSPECTIONS
3.9.1 If any Owner of a private plumbing system, non-municipal drinking water
system or private fire hydrant, fails to comply with the requirements
of this By-law or contravenes the provisions of this By-law, the
Engineer and/or Fire Chief and/or Chief Building Official may
conduct any inspection permitted by the provisions of this By-law, the
Ontario Building Code, Fire Code or the Municipal Act, 2001, and may
issue an Order to the Owner to remedy the non-compliance. Failing
compliance, the Town may take any corrective action deemed
necessary.
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3.9.2 Any costs incurred by the Town in effecting any corrective action, shall
be payable to the Town by such Owner, and the Town may, in its sole
discretion, recover such costs by action or by adding the costs to the tax
roll and collecting them in the same manner as property taxes.
3.10 FAILURE TO PERMIT ACCESS TO BUILDING OR PREMISES
Should any Owner of a private plumbing system, non-municipal drinking
water system or private fire hydrant, refuse entry to a building, other than a
dwelling, or land by any authorized officer, inspector, employee or Agent of
the Town for the purposes of any inspection under the provisions of this By-
law or the Building Code, Fire Code, or the Municipal Act, 2001, the Town
may, in its sole discretion exercised by the Engineer, and on the provision of
seven (7) days notice, discontinue the water supply to the Owner, until the
required inspection has been conducted to the satisfaction of the Engineer.
PART IV - RESTRICTIONS
4.1
GENERAL RESTRICTIONS
4.1.1 Notwithstanding Subsection 3.3.1, no person shall:
(i) open or close or cause or permit to be opened or closed any valve in the
Water Works , non-municipal drinking water system, or a private plumbing
system, or remove, tamper with or in any way interfere or cause or permit
to be removed, tampered or interfered with, any valve, water meter, private
or municipal fire hydrant structure, watermain, water lateral in the Water
Works, non-municipal drinking water system or private plumbing system,
unless prior written permission has first been granted by the Engineer or
Fire Chief;
(ii) conceal, interfere with, construct or maintain anything or cause or permit to
be concealed, interfered with, constructed or maintained anything, that has
the effect of concealing or interfering with access to a municipal or private
fire hydrant, or to a valve or private valve; and
(iii) obstruct any municipal fire hydrant or private fire hydrant. All municipal fire
hydrants and private fire hydrants shall be kept completely cleared of all
vegetation and obstructions, including snow accumulations within 1.5
metres from the outside edge of the hydrant. The hydrant shall be visible
for a distance of 3.0 metres from any point from within the public or private
road allowance.
4.1.2 No person shall draw water or cause or permit water to be drawn from a
private fire protection system, except for fire protection purposes or for fire
protection related activities, except as approved by the Engineer or Fire
Chief.
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4.1.3 The Engineer may, upon reasonable notice, discontinue or restrict the
water supply for the Water Works at any time for the purpose of cleaning,
maintaining, repairing, replacing or connecting watermains and laterals.
4.1.4 The Engineer or Fire Chief may, without notice, temporarily discontinue
the water supply to any building or units where, in his or her opinion,
continuation thereof may be dangerous or cause damage to persons or
property.
4.1.5 The Town shall not be responsible in case of damage to boilers, heating
systems, cooling systems, machinery, fittings, other property or products
dependant on water supply, or injury to persons by reason of any
discontinuation of the water supply pursuant to Subsections 4.1.3 and
4.1.4.
4.2
WATER USE RESTRICTIONS
4.2.1 At the discretion of Council, water restrictions may be imposed by
resolution prohibiting any person to use in any manner whatsoever the
water supplied by the Water Works upon streets, sidewalks, driveways,
lawns, gardens, yards or grounds of any description or kind, except
between those dates and/or hours as set out in the resolution.
4.2.2 At the discretion of Council, water restrictions may be imposed by
resolution on the industrial, commercial and/or institutional use of water
supplied by the Water Works.
4.3
SUPPLY OF WATER FOR CONSTRUCTION PURPOSES
4.3.1 Any person requiring water for construction purposes shall make an
application to the Town as part of the building permit application and shall
furnish all required information, and shall pay to the Town the required fee
established by the Town by by-law from time to time. Such persons will
only be permitted to take water from specific sources for temporary use
and in a manner specified by the Engineer, and as may be altered from
time to time by the Engineer.
4.4
SUPPLY OF WATER FOR OTHER TEMPORARY PURPOSES
4.4.1 Any person requiring water for temporary short term commercial, social,
cultural or festival purposes shall make application to the Town and shall
furnish all information required by the Engineer to assess the temporary
water supply requirement.
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4.4.2 The Engineer shall specify the specific source or sources of temporary
water supply and the manner by which water shall be supplied and
discharged.
4.4.3 Temporary water supply consumption shall be metered if possible, or
otherwise estimated, and the water and sewer services billed at the rates
established by the Town by by-law from time to time.
4.4.4 Any and all approved temporary water supply connections shall include an
appropriate backflow prevention device with a current test certificate.
4.5
TEMPORARY USE OF FIRE HYDRANTS FOR OTHER THAN FIRE
PURPOSES
4.5.1 Municipal and private fire hydrants shall not be used for municipal
purposes such as street flushing or street sweeping. Water for such
purposes is available at the Town's bulk water filling stations.
4.5.2 With the exception of the use provided for in Subsection 4.3, any water
taken from a municipal or private fire hydrant shall be metered, unless
otherwise approved by the Engineer in writing. Upon payment of the
required fees by the applicant and issuance of a permit, the Town shall
supply and install all equipment including valves, water meter, meter
locking device, and backflow prevention device. The applicant is liable for
all damages. The fees payable shall include the permit application fee,
installation and removal costs and fee, and deposit fee.
4.5.3 The Town may cancel the permit for the temporary use of a municipal or
private fire hydrant at any time if the use of the fire hydrant interferes with
fire protection or supply of water to other Owners or the permit holder
breaches the permit conditions.
4.6
THAWING OF FROZEN PRIVATE PIPES AND HYDRANTS
4.6.1 No person shall undertake the thawing of any watermain, or pipe or
municipal water lateral, valve or municipal fire hydrant of the Water Works,
except with the prior approval and direction of the Engineer.
4.6.2 The thawing of frozen private water laterals, private watermains, and
private hydrants shall be undertaken only on the prior approval and at the
direction of the Engineer, to the Town's water meter, or to the first tap in
the building where a meter pit is used.
PART V - WATER METERS
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GENERAL
5.1
All water supplied by the Town, except for the purposes set out in Subsections
4.3, 4.4, and 4.5 and fire protection, shall pass through a water meter approved
by the Town. The cost of providing the water meter shall be paid by the Owner
at the time the building permit is issued at the fee established by the Town by by-
law from time to time. Water meters shall be installed by a duly qualified and
licenced plumber at the Owner's expense.
5.2
Except as permitted by Subsections 4.3, 4.4 and 4.5, where an Owner has a
water service connection and has not caused a water meter to be installed as
required by the Town, the Owner will be given a written notice to install a water
meter.
5.3
Where an Owner does not cause a water meter to be installed after being given
notice, the Town may cause the supply of water to be shut off until a water meter
is installed.
5.4
To the extent practical, water supply for agricultural, golf course, and race track
uses and other similar irrigation or watering uses, which is not returned to the
sewer, should be separated from the associated domestic or sanitary use,
separately metered, and the Owner billed as a "water only Owner", subject to the
approval of both the Engineer and Treasurer. The domestic potable water or
sanitary usage shall be maintained as a separate metered service and the Owner
billed as a "water and sewer Owner" for that service. The fees and charges shall
be as established by the Town by by-law from time to time.
5.5
At every building within which a water meter must be installed, the Owner shall
provide space and access for such water meter in a location approved by the
Town. The location shall be as close as is practical to the point where the
service enters the building, shall be accessible at all times for reading,
inspection, maintenance, repair, testing, modification and replacement by the
Town in accordance with current standards and specifications. The Town shall
not be responsible for any restoration resulting from access being provided for
the installation of water meters.
5.6
When the location of the water meter cannot be provided by the Owner within the
building to the satisfaction of the Town, the water meter shall be installed in a
meter chamber, the location and construction of which shall be approved by the
Town shall be installed at the Owner's expense.
5.7
Where private water laterals exceed 20 metres or services more than one
building or premises, water usage source, a private plumbing system or private
hydrant, the water meter shall be installed in a meter chamber at or near the
property line, which shall be installed at the Owner's expense, except as
otherwise approved in writing by the Engineer.
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5.8
No water meter or meter chamber shall be installed unless the Town has first
approved the size, type and make of the meter, the manner of its installation, and
all matters relating to the required piping and other appurtenances associated
therewith.
5.9
No water meter by-pass shall be installed unless otherwise approved in writing
by the Engineer. All water meter by-passes shall be shut off by a valve and the
valve sealed. The use of an authorized water meter by-pass must be approved
in advance, in writing, by the Engineer, Fire Chief or Chief Building Official, as
applicable.
5.10 The Town shall assume ownership and maintenance of all water meters installed
to the satisfaction of the Town. If a water meter is mechanically defective, the
cost of water meter repairs shall be borne by the Town. If the water meter is
damaged by freezing or carelessness, wilful acts, or neglect of any person other
than an employee or Agent of the Town, the Owner shall pay to the Town the
cost of making any necessary repair or replacement to such water meter. All
such costs shall be paid directly to the Town, and if not so paid, the Town may
recover such costs by action or by adding the costs to the tax roll and collecting
them in the same manner as property taxes.
5.11 The Owner will be charged for all water registered on a water meter. If a water
meter fails to register properly, the Owner will be charged for the average
consumption for the pertinent period as determined by the Town on the basis of
prior consumption records. Where no prior reliable records are available, usage
shall be monitored for a representative period of time determined by the Town,
and the charges established based on usage during that period.
5.12 A water meter will be removed and tested by the Town upon the request of the
Owner, subject to payment of a deposit in the amount established by the Town
by by-law from time to time. If the water meter is tested and found to register
correctly or less than three percent (3%) at average flow rates in favour of the
Town, the deposit shall be forfeited.
5.13 If a water meter when tested is found to register in excess of three percent (3%)
at average flow rates in favour of the Town, the water meter will be replaced or
repaired at the Town's expense. The deposit will be refunded and a credit
applied to the Owner's water account for the excess consumption billed. The
Town will use the following formula to the advantage of the Owner for a three (3)
month period only:
The consumption is to be averaged for such period of failure on the basis of
consumption for the three (3) months preceding such failure, or on the basis
of consumption during the same three (3) months of the preceding year, or on
consumption during the three (3) months following the time when such water
meter or meters have been replaced in proper and efficient working order,
whichever is lowest.
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5.14 When a request is made by an Owner for the relocation of a water meter or the
downsizing or upsizing of a water meter, the relocation or changeover shall be
subject to approval by the Engineer, and the cost of such shall be at the sole
expense of the Owner.
When a request is made by the Town for the relocation of a water meter or the
downsizing or upsizing of a water meter, the relocation or changeover shall be at
the sole expense of the Town.
5.15 Upon notice by the Town, an Owner shall provide access to a building, other than
a dwelling, and land, to the Engineer and/or a person designated by the Town for
the purpose of inspecting, reading, maintaining, repairing, modifying or replacing
a water meter and associated meter reading apparatus.
5.16 The Town shall have the right to seal any water meter and associated by-pass
and no person shall break or damage any seal attached to any water meter or
by-pass. If any such seal has become broken or damaged from any cause, the
Owner shall forthwith report the breakage or damage to the Engineer who shall
cause the same to be resealed.
PART VI - FIRE USE
GENERAL
6.1
No person shall open or operate any fire hydrant or valve or any other
appurtenance of the Water Works except an authorized employee of the Town
during performance of his/her duty.
6.2
No person shall in any way interfere with, obstruct, conceal or prevent access in
any way to any municipal or private fire hydrant, valve, water meter or
appurtenance.
6.3
All fire hydrants, including private fire hydrants, shall be maintained in
compliance with the provisions of this By-law and the requirements of the Fire
Code.
6.4
No person shall take water from an un-metered water service installed for the
purposes of fire protection, except for fire protection or preauthorized system
testing, without the authorization of the Fire Chief or Engineer.
6.5
No person shall attach any equipment for fire protection in a building to the Water
Works system without the prior written approval of the Town. The piping for any
such equipment shall be entirely separate from the piping used for any other
purpose in the building and shall be equipped with a shut off valve located inside
the building which shall be sealed and under the exclusive control of the Town.
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All building fire protection sprinkler systems shall be equipped with an approved
detector assembly backflow prevention device.
6.6
No person shall break any seal attached to any equipment or appurtenances for
fire protection except for the purpose of using water for fire extinction. Any
occupant of the building in which such seal has been broken shall forthwith report
the breakage to the Engineer who shall cause the same to be resealed.
6.7
The Town may require the installation of a separate water meter or fire water
meter on a fire line, in which case, the cost of the supply, installation and
maintenance thereof shall be borne solely by the Owner of the building being
serviced by such equipment. The main supply of water may be discontinued until
the required water meter is installed on the fire line to the satisfaction of the
Engineer.
6.8
All private fire hydrants shall be fitted with an anti-tampering device as approved
by the Engineer.
PART VII - PROHIBITIONS, ENFORCEMENT AND PENALTIES
7.1
PROHIBITIONS
Without limiting the generality of the foregoing, the following are expressly prohibited:
No person shall:
(i) cause or permit the depositing of any injurious, noxious or offensive material or
substance into the water or onto the water surface, and or cause or permit any
willful damage to the Water Works;
(ii) cause or permit the willful removal, destruction, damage or fraudulent
alteration of any watermain, water service connection, appurtenance or
apparatus or thing belonging to the Water Works;
(iii) cause or permit the willful destruction, damage to, tampering with or removal
of a water meter or associated apparatus;
(iv) construct a private water lateral, private distribution system or install a private
hydrant without a permit;
(v) fail to provide access for the purposes of inspecting for compliance,
maintenance, repair, modification or replacement of a water meter, valve,
backflow prevention device, hydrant, private plumbing system or private hydrant
system;
(vi) hinder or obstruct an Inspector from carrying out an inspection of lands or
work for the Town specified in an Order issued hereunder;
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(vii) fail to inspect or maintain a private plumbing system, non-municipal drinking
water system or private hydrant or fail to provide an annual inspection report;
(viii) cause or permit the willful or negligent discharge of water from the Water
Works;
(ix) cause or permit the use of a fire hydrant or private fire hydrant without lawful
authority;
(x) cause or permit the altering of the approved colour scheme of any fire
hydrant;
(xi)
cause or permit the manipulation of any valve of the Water Works or
private distribution system;
(xii)
cause or permit an obstruction to any hydrant, valve, water meter, or
meter chamber of the Water Works, private water lateral or private distribution
system;
(xiii)
cause or permit a pipe to be connected to any pipe of the Water Works
without a permit;
(xiv) fail to request an inspection of a private water lateral or private plumbing
system, or private hydrant installation;
(xv) cause or permit the connection of a private water lateral, private plumbing
system non-municipal drinking water system or private hydrant to the Water
Works prior to commissioning and inspection of same;
(xvi) cause or permit the connection to a private water lateral or private
distribution system other than on the outlet side of a water meter;
(xvii) cause or permit, without approval, the removal of water from the Water
Works that has not being registered through a Town water meter, or fail to report
the taking and/or consumption of water from the Water Works without Town
approval;
(xviii) cause or permit the installation of a water meter by-pass capable of
altering the amount of water registered;
(xix) cause or permit the tampering with any seal placed upon a water meter,
valve or by-pass;
(xx)
fail to obtain a water connection permit as set out in Section 3.1 of this By-
law;
(xxi) except as authorized by this By-law, fail to provide a location to
install a water meter in conformance with the Town's Standards;
(xxii) fail to adequately protect the water meter from damage, including, but not
limited to, freezing;
(xxiii) cause or permit the backfilling of a private water lateral trench, private
plumbing system trench, Town or private hydrant connection trench without prior
approval;
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(xxiv) cause or permit the interference with a private water lateral or a private
water distribution system without the approval of the Engineer;
(xxv) fail to provide written notification that a private water lateral, private
water distribution system connection, or private hydrant connection, has been
disconnected;
(xxvi) cause or permit to be blanked, any private water lateral, private
distribution system connection or private hydrant connection, without prior
Town approval;
(xxvii) fail to provide excavation, backfill and reinstatement to enable the
blanking of a private water lateral, or a private distribution system connection or a
private hydrant connection, as required by this By-law;
(xxviii) cause or permit to have or install a cross-connection;
(xxvix) cause or permit the operation of any Town fire hydrant or private fire
hydrant without an approved cut-off valve and backflow prevention devices;
(xxx) fail to obey the water use restrictions imposed by Council or the Engineer;
(xxxi) cause or permit the thawing operations of any section or part of the Water
Works, or to private lateral or private distribution systems, or any hydrants,
without the prior approval of the Engineer;
(xxxii) fail to repair a leak in a private water lateral as directed in an Order.
7.2
ENFORCEMENT
7.2.1 An Inspector shall enforce the provisions of this By-law and is authorized to
enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not this By-law is being complied with.
7.2.2 Where an Owner fails to comply with any provision of this By-law, an Order
may be issued to the Owner requiring compliance. The Order will give
reasonable particulars of the contravention adequate to identify the
contravention and the location of the land on which the contravention
occurred, the date by which there must be compliance with the Order, and
notice that if the Order is not complied with within that time, the Town may
carry out the Order at the Owner's expense.
7.2.3 An Order may be personally delivered or served by Registered mail or
posted on the property. Where an Order is mailed, the Order shall be
deemed delivered on the earlier of receipt of the Order by the addressee
or on the fifth day following the date of mailing, whether actually received
or not.
7.2.4 Where an Order has been issued and compliance has not been achieved
within the required time period set out in the Order, the Town may, through
its employees or agents or persons acting on its behalf, enter upon the
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land to take the steps required to effect compliance, and all costs may be
recovered by action or by adding the costs to the tax roll and collected
from the Owner in the same manner as property taxes.
7.2.5 No person shall hinder or obstruct an Inspector employed to enforce this
By-law, from carrying out an inspection of lands, nor shall any person
obstruct any employee or Agent authorized to carry out work for the Town
specified in an Order issued hereunder.
7.2.6 Every person who contravenes any provision of this By-law, is guilty of an
offence and upon conviction is liable to the penalties prescribed under the
Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.
7.2.7 Every person who contravenes any provision of Section 7.1 of this By-law
is guilty of an offence and is liable to the set fine(s) established in
Schedule "B" annexed hereto.
7.2.8 The set fine(s) established in Schedule "B" shall come into force and effect
upon receipt of the Judge's Order from the Ministry of the Attorney
General.
7.3
RECOVERY OF REVENUE LOSSES
7.3.1 The Town shall be entitled to recover from the Owner any loss of water or
sewer revenues which have resulted from any violation of the provisions of
this By-law in accordance with the Town's Water and Wastewater
Collection Policy, as amended or replaced from time to time.
Schedule 'B' to By-law No. 66-2016
Part I Provincial Offences Act
Offences and Set Fines Under the Corporation of the Town of Fort
Erie By-law 66-2016
ITEM
OFFENCE (1)
SECTION (2)
FINE
(3)
1
Cause or permit the depositing of any noxious material in to the
Water Works
s. 7.1 (i)
$500
2
Cause or permit damage to the Water Works
s. 7.1 (ii)
$500
3
Cause or permit damage to a water meter
s. 7.1 (iii)
$500
4
Construct a private water lateral or install private hydrant no
permit
s. 7.1 (iv)
$400
5
Fail to provide access for inspection of work
s. 7.1 (v)
$400
6
Hinder or obstruct an officer in the execution of his duty
s. 7.1 (vi)
$300
7
Fail to maintain a private plumbing system
s. 7.1 (vii)
$200
8
Fail to provide an annual inspection report
s. 7.1 (vii)
$500
9
Cause or permit the negligent discharge of water
s. 7.1 (viii)
$400
10
Cause or permit the use of a fire hydrant without lawful authority. s. 7.1 (ix)
$300
11
Cause or permit the altering the colour of a fire hydrant
s. 7.1 (x)
$100
12
Cause or permit the alteration of a water valve in the system
s. 7.1 (xi)
$200
13
Cause or permit obstruction of a hydrant, valve, water meter, or
meter chamber
s. 7.1 (xii)
$300
14
Cause or permit a pipe to be connected to the water works
without a permit
s. 7.1 (xiii)
$200
15
Fail to request an inspection of private water lateral, plumbing
system or private hydrant
s. 7.1 (xiv)
$500
16
Cause or permit connection of a private lateral, plumbing,
drinking water system or private hydrant prior to commissioning
and inspection
s. 7.1 (xv)
$500
17
Cause or permit the connection of a private water lateral or
private distribution system to other than the outside of a water
meter
s. 7.1 (xvi)
$100
18
Cause or permit the removal of water that has not been
registered through a water meter
s.7.1 (xvii)
$400
19
Cause or permit the installation of a water meter by-pass
s.7.1 (xviii)
$400
Schedule 'B' to By-law No. 66-2016
20
Cause or permit the tampering of a seal placed on a water
meter, valve or by pass.
s. 7.1 (xix)
$300
21
Failed to obtain a water connection permit
s. 7.1 (xx)
$300
22
Fail to provide a location to install a water meter
s. 7.1 (xxi)
$500
23
Fail to protect water meter from damage
s. 7.1 (xxii)
$200
24
Cause or permit backfilling of a trench without approval
s. 7.1 (xxiii)
$400
25
Cause or permit interference with a private water lateral or
private water distribution system without approval
s. 7.1 (xxiv)
$500
26
Fail to provide notification that a private water lateral, water
distribution system, or private hydrant has been disconnected
s. 7.1 (xxv)
$500
27
Cause or permit the blanking of a private water lateral, private
distribution connection, or private hydrant without approval.
s. 7.1 (xxvii)
$500
28
Fail to provide backfilling to enable the blanking of a private
water lateral, private distribution connection or private hydrant
connection
s. 7.1 (xxvii)
$500
29
Cause or permit the installation of a cross connection
s. 7.1 (xxviii)
$500
30
Cause or permit the operation of a fire hydrant without an
approved cut off valve or backflow preventer
s. 7.1 (xxvix)
$400
31
Fail to comply with water restrictions imposed by Council or the
Engineer
s. 7.1 (xxx)
$500
32
Cause or permit the thawing operation of the Water Works or
private water works without prior approval
s. 7.1 (xxxi)
$400
33
Fail to repair a leak in a private water lateral as directed
s. 7.1 (xxxii)
$300