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Town of Fort Frances
By-law No. 06/16
(Being a by-law to provide for the Regulation of the Sewer System in the Town
of Fort Frances)
Municipal Act, 2001, R.S.O. 2001, c. 25, Subsections 10(1) and 10(2): the Ontario Water Resources Act,
R.S.O. 1990, c. 40, Sections 30(1), 44, 92: and the Environmental Protection Act Sections 2, 14(2) and
Regulation 309.
WHEREAS on January 25, 2016 Council approved a recommendation from the
Operations and Facilities Executive Committee to enact this by-law.
NOW THEREFORE Council for the Corporation of the Town of Fort Frances
HEREBY ENACTS AS FOLLOWS:
BY-LAW INDEX
Part 1
DEFINITIONS
1.1
Authorized Representative of the Owner or Operator
1.2
Application
1.3
Building
1.4
Building, Principle use
1.5
Building, Ancillary/Accessory use
1.6
Building Drain
1.7
Building Sewer
1.8
Chief Building Official
1.9
Clean out
1.10
Combined Sewer
1.11
Connection Inspection
1.12
Construction
1.13
Contractor
1.14
Corporation
1.15
Customer
1.16
Dampproofing
1.17
Deposit
1.18
Developer
1.19
Development
1.20
Duplex Dwelling
1.21
Engineer
1.22
Home Industry/Occupation
1.23
Inspector
1.24
ICI
1.25
Land
1.26
Main
1.27
Municipal Address
1.28
Municipality
1.29
Occupant
1.30
Owner
1.31
Person
1.32
Plumbing Code
1.33
Plumbing System
1.34
Premises
1.35
Private Drain Connection (P.D.C.)
1.36
Private Main
TOWN OF FORT FRANCES Page 2 of 23
By-Law No. 06/16
1.37
Property
1.38
Property Owner
1.39
Public Sewage Works
1.40
Sanitary Sewage
1.41
Sanitary Sewer
1.42
Schedule of Fees
1.43
Semi-detached Dwelling
1.44
Septage
1.45
Serviceability
1.46
Service Lateral
1.47
Sewer Service
1.48
Sewage Works
1.49
Single-detached Dwelling
1.50
Storm Sewer
1.51
Storm Water
1.52
Storm Water Retention System
1.53
Sub Divider
1.54
Termination of Service
1.55
Town
1.56
Waterproofing
Part 2
ADMINISTRATION
2.1
Administration of By-law
2.2
Application - payment prior to installation
2.3
Application - existing service - connection - inspection
2.4
Application - termination of service - building demolition - permanent/temporary
2.5
Application - each property
2.6
Blockage - tree roots - liability
2.7
Cost of service - owner
2.8
Cost - deposit - User Fee By-law
2.9
Cost of termination/connection inspection - owner
2.10
Decision to be final
2.11
Development - agreement
2.12
Development - property - servicing requirements - costs
2.13
Discontinuance of service - payment
2.14
Entry onto private property
2.15
Entry into dwelling - exception
2.16
Frozen service - thawing - application
2.17
Maintenance responsibility - owner - building sewer
2.18
Maintenance responsibility - owner - service lateral - charges
2.19
Maintenance responsibility - service lateral - building sewer - charges
2.20
Ownership change - notice
2.21
One service - per premises
2.22
Purchasing of property - arrears outstanding
2.23
Private drain connection - requirements
2.24
Private drain connections - serving dwelling units
2.25
Purchasing of property - serviced with sewer - future development - payment
2.26
Random Inspection - vacancies - Town
2.27
Sewer rate - single tenant - responsibility
2.28
Sewer rate - multiple tenants - responsibility
2.29
Sewer rate - ICI - responsibility
2.30
Sewer Fees or Charges - Unoccupied or Vacant Residential Properties
2.31
Sewer Fees or Charges - Unoccupied or Vacant Multi-residential Unit(s)
2.32
Sewer Fees or Charges - Unoccupied or Vacant Mobile Trailer(s)
2.33
Sewer Usage - Vacant Multi-residential Unit(s) or Vacant Mobile Trailer(s)
TOWN OF FORT FRANCES Page 3 of 23
By-Law No. 06/16
Part 3
SEWER RATES AND CHARGES
3.1
Application for sewer service
3.2
Application - termination of service
3.3
Billing - flat rate
3.4
Billing - metered customers
3.5
Collection - charge
3.6
Cost - outstanding - completion
3.7
Deposit - prior to installation
3.8
Frozen service - thawing charge
3.9
Non-payment - water turn off - lien
3.10
Notice of arrears - outstanding account - late payment charge
3.11
Notice of arrears - served
3.12
Notice of disconnection
3.13
Reconnection - charge - non-payment
3.14
Service installation charges
3.15
Unpaid bills - interest
Part 4
DEPOSITS
4.1
Deposit - security for payment
4.2
Deposit - applied as payment
Part 5
PROHIBITIONS AND DISCHARGES TO STORM SEWERS
5.1
Authority - Town
5.2
Cleanout - existing
5.3
Connection to sewers - every building - having plumbing fixtures
5.4
Manholes
5.5
Sanitary sewer - location - restricted
5.6
Private system - limitations
5.7
Private system - where prohibited
5.8
Private system - discontinuance
5.9
Operation or interference - unauthorized - offence
5.10
Pipes - maintained
Part 6
SEWER SERVICE CONSTRUCTION
6.1
Connection to main - prior application
6.2
Installation - access for inspection
6.3
Installation - alteration - approval by Town
6.4
Installation - by Town - by Contractor
6.5
Installation - inspection by Town
6.6
Installation to Town specifications - Ont. Build. Code requirements - Building Permit
6.7
Maintenance of service lateral - Town
6.8
Renewal of service lateral - Town - Owner
6.9
Responsibility for frozen pipes - Town - Owner
6.10
Responsibility for manhole maintenance - Town - Private
6.11
Termination of service - building demolition - permanent/temporary
6.12
Termination (temporary)/connection of service - inspection
TOWN OF FORT FRANCES Page 4 of 23
By-Law No. 06/16
Part 7
PROHIBITIONS AND DISCHARGES TO PUBLIC SEWAGE WORKS
7.1
Prohibited discharges - sanitary sewer
7.2
Prohibited discharges - sanitary sewer - ground source heat pump
7.3
Prohibited discharges - storm sewers
7.4
Prohibited discharges - storm sewers - ground source heat pump
7.5
Prohibited discharges - sanitary sewer - storm sewer - general
7.6
Prohibited discharges - roof water/ground water - sanitary sewer
7.7
Prohibited discharges - alterations to prevent
7.8
Plumbing system to be sealed
Part 8
DEVELOPMENT REQUIREMENTS - STORM SEWER
8.1
Undertaking a development
8.2
Alternate methods of storm water management
8.3
Development requiring site plan approval
8.4
Discharge of foundation drain (weeping tile) flows
8.5
Gravity connections
8.6
New plans of subdivision
8.7
Regulations when sump pumps are discharged to ground surface
8.8
Requirements for foundation drain (weeping tile) flows
8.9
Roof water downspouts
8.10
Roof water downspouts - no discharge to side yard - damage to adjoining property
8.11
Roof water downspouts - no connection to foundation drains
8.12
Roof water downspouts - discharge distance from exterior walls
8.13
Storm private drain connections
8.14
Weeping tile discharge
Part 9
COMMERCIAL, INSTITUTIONS AND INDUSTRIAL PREMISES
9.1
Billing
9.2
Charge - lien on land - collected as taxes
9.3
Default of duty - expense recovery by Town
9.4
Grease, oil, sand and dirt interceptors and screening devices
9.5
Manhole - accessible at all times
9.6
Manhole - alternative installed and maintained
9.7
Manhole - failure to install and maintain - prohibited
9.8
Manhole - other design construction and maintenance
9.9
Monitoring devices - reports required by Engineering
9.10
Monitoring devices - failure to provide reports
9.11
Screening devices installed and maintained
Part 10
CHARGES FOR SERVICES PROVIDED
10.1
Rates/Charges - applicable taxes
10.2
Payment due upon completion of work
10.3
Separation of mutual service lateral/building sewer
10.4
Services provided by the Town Engineer - repair, replacement, installation - single
detached, semi-detached, duplex dwellings - charge
10.5
Warranty
10.6
Work undertaken by the Town - limited
TOWN OF FORT FRANCES Page 5 of 23
By-Law No. 06/16
Part 11
MISCELLANEOUS
11.1
Failure to comply
11.2
Offences
Part 12
ENFORCEMENT AND PENALITIES
12.1
Administration - enforcement fine - for contravention
12.2
Penalty - for contravention
12.3
Fines - for contravention
12.4
Fines - for contravention - corporation
12.5
Continuation - repetition - prohibited - by order
Part 13
REPEALING
13.1
Previous by-laws repealed
Part 14
EFFECTIVE DATE
14.1 By-law effective date
Part 15
APPENDIX
Illustration of Sewage System.
TOWN OF FORT FRANCES Page 6 of 23
By-Law No. 06/16
SHORT TITLE
SEWER BY-LAW
Part 1
DEFINITIONS
Definitions in this by-law:
1.1
Authorized Representative of the Owner or Operator - defined
"authorized representative of the owner or operator" shall mean;
a)
In the case of the owner or operator is a corporation, a person having signing
authority to bind the corporation: or
b)
In the case of the owner or operator being a partner or proprietorship, a
participating partner having signing authority to bind the partnership or the
person being the proprietor, respectively: or
c)
A duly authorized representative of the individual designated above if such
representative is responsible for facilities from which the sewage discharge
originates.
1.2
Application - defined
"application" shall mean a contract, expressed or implied, for any of the customary
services provided or supplied by, or in conjunction with this the Sewer System
Management By-law.
1.3
Building - defined
"building" shall mean any building, structure or premises, whether for principal use or
accessory use as defined in Sections 1.4 and 1.5.
1.4
Building, Principal Use - defined
"building, principal use" shall mean any building in which is carried on the principal purpose
for which the property is used and shall include a barn or silo used in conjunction with a farm.
1.5
Building, Ancillary/Accessory Use - defined
"building, ancillary/accessory use" shall mean any building or structure, which is incidental,
subordinate and exclusively devoted to and located on the same property as the principal use
building.
1.6
Building Drain - defined
"building drain" shall mean the lowest horizontal piping, including any vertical offset, that
conducts sewage, clear water waste or storm water by gravity to a building sewer.
1.7
Building Sewer - defined
"building sewer" shall mean the portion of a sewer service pipe from the property line to the location
one (1) metre outside of the exterior wall of a structure, i.e. an extension of a service lateral.
1.8
Chief Building Official - defined
"chief building official" shall mean the person appointed by Council pursuant to the Building
Code Act or any employee of the Town who acts at the direction of the Chief Building Official in
the enforcement of this by-law.
1.9
Clean out - defined
"clean out" shall mean a device that has a removable cap and is incorporated into a drainpipe
to permit the insertion of a steel sewer rod pipe cleaning apparatus.
1.10 Combined Sewer - defined
"combined sewer" shall mean a sewer intended to function simultaneously as a storm sewer
and a sanitary sewer.
1.11 Connection Inspection - defined
"connection inspection" shall mean an examination and/or evaluation of a connection
performed by visual, closed circuit television or other means to ensure conformity to all
applicable statutes, by-laws and regulations.
1.12 Construction - defined
"construction" shall include new construction, reconstruction, improvements, extension,
alteration, replacement and repairs.
1.13 Contractor - defined
"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, lateral lines, services, hydrants and other appurtenances.
TOWN OF FORT FRANCES Page 7 of 23
By-Law No. 06/16
1.14 Corporation - defined
"corporation" shall mean the Corporation of the Town of Fort Frances, its officers or
employees.
1.15 Customer - defined
"customer" shall mean any person who enters into a verbal or written contract with the
Town to take sewage or to receive sewage related services from the Town.
1.16 Dampproofing - defined
"dampproofing" is a process that involves using a coating on the exterior side of a
structure to stop the transference or wicking of ground moisture through a
basement/foundation wall. Dampproofing is not intended to keep all water and moisture
out, but rather its goal is to retard moisture infiltration and slow water penetration.
1.17 Deposit - defined
"deposit" means the payment in lawful tender of Canada in advance of the work or
service to be rendered by the Town of Fort Frances.
1.18 Developer - defined
"developer" shall mean the owner or party specifically named or identified as the
developer in a Development Agreement or in a Subdivision Agreement.
1.19 Development - defined
"development" shall mean the construction, erection or planning of one or more buildings
or structures on land or the making of an addition or alteration to a building or structure
or a subdivision of land into lots that has the effect of increasing the size or usability
thereof, and includes the laying out and establishment of a commercial parking lot.
1.20 Duplex Dwelling - defined
"duplex dwelling" shall mean the whole of a dwelling other than a converted dwelling that
is divided horizontally/vertically into two separate dwelling units, each of which has an
independent entrance either directly from the outside or through a common vestibule.
1.21 Engineer - defined
"Engineer" shall mean the Town's Engineer or any person acting by his or her authority
for the Town of Fort Frances.
1.22 Home Industry/Occupation - defined
"home industry/occupation" shall mean any occupation accessory to, and carried on by at
the occupant of, a single-detached dwelling and for which a municipal business license is
required.
1.23 Inspector - defined
"inspector" shall mean any person authorized by the Engineer to act on his or her behalf for purposes
of inspection.
1.24 ICI - defined
"ICI" shall mean Industrial, Commercial and Institutional.
1.25 Land - defined
"land" shall mean the land in the Town of Fort Frances and includes any estate, term, easement, right
or interest in, to, over or affecting land.
1.26 Main - defined
"main" shall mean every sewer pipe, except lateral services and portions of private mains as herein
defined, installed on the public road allowance or on any other land to which the Town has the legal
interest through title or registered easements.
1.27 Municipal Address - defined
"municipal address" shall mean the combination of the number assigned and name of the
street on which a property is located and to identify a building or buildings on a particular
property within the Town of Fort Frances.
1.28 Municipality - defined
"municipality" shall mean The Corporation of the Town of Fort Frances.
1.29 Occupant - defined
"occupant" shall include any lessee, tenant, owner, the agent of a lessee, tenant or owner, or
any person in possession of or occupier of a property.
1.30 Owner - defined
"owner" shall mean 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 or a legal guardian.
TOWN OF FORT FRANCES Page 8 of 23
By-Law No. 06/16
1.31 Person - defined
"person" shall mean an individual, association, partnership, corporation, municipality, provincial or
federal agency or agent or employee thereof and includes an occupant or owner.
1.32 Plumbing Code - defined
"plumbing code" shall mean the regulations respecting plumbing from time to time in force under Part
7 of Ontario Regulation 350/06, the Ontario Building Code, or any Regulation passed in amendment
thereof or substitution therefore.
1.33 Plumbing System - defined
"plumbing system" shall mean the system of connected piping, fittings, valves, equipment, fixtures and
appurtenances contained in plumbing that begins, is located and is connected immediately within
private property.
1.34 Premises - defined
"premises" means property (land or real estate) conveyed by a deed. Where the context so requires,
"premises" shall mean any house, tenement, building, lot, or part of a lot, or both, in, through, or past
which sewer service pipes run.
1.35 Private Drain Connection (PDC) - defined
"private drain connection (PDC)" shall mean that portion of the Town sewage works which joins a
building sewer to a service lateral and which is upon lands that are either owned by the Town or
subject to an easement registered in the Land Registrar's Office in favour of the Town.
1.36 Private Main - defined
"private main" shall mean a pipe connected to a main and installed on private property and from
which more than one service is connected.
1.37 Property - defined
"property" means a building or structure or part of a building or structure and includes the lands and
premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory
buildings, outbuildings, fences and erections thereon whether heretofore or hereafter erected and
included vacant property.
1.38 Property Owner - defined
"property owner" shall mean the property owner as shown on the last revised assessment roll of the
Corporation of the Town of Fort Frances.
1.39 Public Sewage Works - defined
"public sewage works" shall mean any works for the collection, transmission, treatment and
disposal of storm water and sanitary sewage or any part of such works but does not include
plumbing to which the latest edition of the Building Code Act applies.
1.40 Sanitary Sewage - defined
"sanitary sewage" shall mean human and industrial waste and septic waste but does not include
storm water.
1.41 Sanitary Sewer - defined
"sanitary sewer" shall mean any part of the public sewage works for the collection, transmission,
treatment or disposal of domestic, commercial, institutional and industrial sewage or any
combination thereof.
1.42 Schedule of Fees - defined
"schedule of fees" shall mean the schedule of user fees as amended from time to time and adopted
by by-law passed by Council for the Town of Fort Frances.
1.43 Semi-detached Dwelling - defined
"semi-detached dwelling" shall mean one of a pair of two attached single dwellings with a
common masonry wall dividing the pair of single dwellings vertically, each of which has an
independent entrance either directly from the outside or though a common vestibule.
1.44 Septage - defined
"septage" shall mean all matter, liquid and solid that is pumped out of septic tanks and holding
tanks. Such tanks may be used in residential, commercial or industrial properties, which are
not connected to the Town's sewerage system. Where septage is transported by truck for
disposal at a Hauled Liquid Waste Facility, it shall be considered Hauled Liquid Waste.
1.45 Serviceability - defined
"serviceability" shall mean the capability of a component, pipe, and sewer to perform the
function for which it was intended.
1.46 Service Lateral - defined
"service lateral" shall mean the portion of a sewer service pipe from a main to the property line.
1.47 Sewer Service - defined
"sewer service" shall include both sanitary sewer and storm sewer services.
TOWN OF FORT FRANCES Page 9 of 23
By-Law No. 06/16
1.48 Sewage Works - defined
"sewage works" shall mean all sewers, sewage systems, sewage pumping stations, sewage
treatment plants and other works of the Town of Fort Frances. The collection, acceptance,
transmission, treatment and disposal of liquid-borne wastes of storm water sewage and sanitary
sewage.
1.49 Single-detached Dwelling - defined
"single-detached dwelling" shall mean a single dwelling used for human habitation, which is
free standing, separate and detached from other main buildings or main structures including a
split level dwelling but does not include a mobile home.
1.50 Storm Sewer - defined
"storm sewer" shall mean a sewer, open channel, ditch or depression for the purpose of which
is to carry storm water and the collection and transmission of the uncontaminated water, storm
water and drainage from land or from a watercourse or any combination thereof.
1.51 Storm Water - defined
"storm water" shall mean water from rainfall or other natural precipitation or from the melting of
snow or ice, swimming pool drain water, water carried in underground drains, foundation drain
flows and ground water but does not include sanitary sewage or septage.
1.52 Storm Water Retention System - defined
"storm water retention system" shall mean a system, which has been designed and constructed
under the supervision of a professional engineer to control the rate at which storm water is
emptied into the sewage works.
1.53 Sub Divider - defined
"sub divider" shall mean the owner or party specifically named or identified as a sub-divider in a
Subdivision Agreement.
1.54 Termination of Service - defined
"termination of service" shall mean the discontinuation of use of a sewer service to supply the
transmission and disposal from a premise, either on a permanent or temporary basis.
1.55 Town - defined
"Town" shall mean The Corporation of the Town of Fort Frances.
1.56 Waterproofing - defined
"waterproofing" is designed to stop water infiltration through a structure. Waterproofing
materials have the ability to bridge cracks that develop over time due to their elastic,
flexible nature and the thickness of the applied coating. Waterproofing materials also are
designed to withstand hydrostatic pressures against the waterproofed surface.
Part 2
ADMINISTRATION - GENERAL PURPOSE
2.1
Administration of By-law
This by-law shall be administered by both the Engineer and the Chief Building Official.
2.2
Application - payment prior to installation
An application for sewer service, sanitary and/or storm from the Town shall be completed
on the standard forms provided by the Town and any required deposit shall be paid to
the Town by the owner or their authorized agent before any work is commenced on the
installation of the sewer service.
2.3
Application - existing service - connection - inspection
Where an existing service is required to be connected (private drain connection) to any
property, such service(s) is to be inspected by the Town. The owner or their authorized
agent shall make appropriate application to the Town.
2.4
Application - termination of service - building demolition - permanent/temporary
In the event of the demolition of any building or buildings on a premise serviced with a sewer
service, the appropriate application is to be made to the Town for termination of such sewer
service. The service shall be terminated
a)
where the existing sewer service will not or cannot be used or where no building
requiring a sewer service is planned, the service is to be permanently
terminated.
b)
where the existing sewer service will or can be used, or where a building requiring a
sewer service is planned for construction within a specific period of time, the service is to
be temporarily terminated.
If in the opinion of the Engineer, circumstances exist where it is not reasonable or practical to
permanently terminate the service, it shall be terminated temporarily.
2.5
Application - each property
Separate applications are required for each property serviced.
TOWN OF FORT FRANCES Page 10 of 23
By-Law No. 06/16
2.6
Blockage - tree roots - liability
Where a sewer service blockage is caused by tree roots and the tree is located on Town property,
the Town may assume liability for costs involved in clearing such blockage. Where the tree is
located on private property and causes the blockage of a sewer service then the Owner of the
property shall be liable for all of the cost involved in clearing the blockage. The Engineer shall be
the sole judge of the location of the problem and as to whether or not the Owner is to be charged
with any of the cost.
2.7
Cost of service - owner
The entire cost of the sewer service from the main to the property line shall be borne by the Owner
of the premises.
2.8
Cost - deposit - User Fee By-law
The costs and deposits referred to in Sections 2.2 and 2.7 are payable in the amounts provided in
the Town's User Fee By-law in effect at the date of the application.
2.9
Cost of termination/connection inspection - owner
The costs associated with the termination of services, whether permanent or temporary and for
connection inspections shall be borne by the Owner of the premises. The cost of locating the
private drain connection for reconnection is the responsibility of the Owner.
2.10 Decision to be final
All decisions made by the Engineer or the Chief Building Official with respect to any requirements
set out in this by-law shall be final and binding.
2.11 Development - agreement
In case of land development where the land will be serviced with municipal sewer, the developer
shall enter into an agreement with the Town. Plans and specifications will be prepared by a
professional engineer, licensed with the province of Ontario and approved by the Engineer prior to
any work commencing.
2.12 Development - property - servicing requirements - costs
In case of land development, whether under agreement or not and there is no municipal sewer
(sanitary or storm) fronting the property, the developer shall extend the municipal sewer completely
across the frontage being developed. All costs associated with the installation of the municipal
services shall be the responsibility of the developer.
2.13 Discontinuance of service - payment
The Owner shall notify the Town immediately when the use of a sewer service for the collection of
sewage from the premises is no longer required. The Town shall decide whether the service is to
be terminated on a permanent or temporary basis for the charges provided in this by-law unless
prior application for sewer service is received.
2.14 Entry onto private property
For the purpose of the administration of this by-law, the Engineer, any consultant engaged by the
Corporation of the Town of Fort Frances and directed by the Engineer, and any person appointed
by the Council to carry out inspection in respect of discharges prohibited or regulated by this by-law
and directed by the Engineer may, upon production of identification enter in or upon land or
premises, except land or premises being used as a dwelling unit, at any time without a warrant and
carry out such inspections and take such tests and samples as are necessary for the purpose of the
inspections.
2.15 Entry into dwelling - exception
Except under the authority of a search warrant issued under section 158 of the Provincial Offences
Act, R.S.O. 1990, c. P. 33, as amended, for the purposes of enforcing this by-law, no person shall
enter any place or room actually used as a dwelling without requesting and obtaining the consent of
the occupier (being at least 18 years of age), first having informed the occupier that the right of entry
may be refused and entry made only under the authority of a search warrant.
2.16 Frozen service - thawing - application
Thawing of a frozen sewer service between the building and main may be carried out by the Town's
Public Works personnel providing that application for such is made on the Town's standard forms.
The property Owners will be charged per hour (one hour minimum charge) for the appropriate
equipment and manpower as established in the Town's User Fee By-law.
2.17 Maintenance responsibility - owner - building sewer
The maintenance, renewal or removal of that portion of the building sewer between the property line
and the premises shall be the responsibility of the Owner.
2.18 Maintenance responsibility - owner - service lateral - charges
The Owner is responsible for the condition and maintenance of the service lateral servicing property
under their ownership. All work upon such lateral shall be done exclusively by the Town at the
request and expense of the Owner.
TOWN OF FORT FRANCES Page 11 of 23
By-Law No. 06/16
2.19 Maintenance responsibility - service lateral - building sewer - charges
When authorized by the property Owner the Town will perform maintenance work with respect to
cleaning of the service lateral and/or building sewer only. The Owner or Authorized representative
of the Owner shall give the Town written authorization to perform such work by executing the
appropriate Work Requisition form. The charge for maintenance services shall be determined as
follows:
a)
A minimum service charge as outlined in the current Town's User Fee By-law
will be charged to the Owner for maintenance services.
b)
Where it is determined by the Town that the location of the obstruction is on the Owner's
property all charges incurred, less the minimum service charge shall be paid by the
Owner.
c)
Where it is determined by the Town that the location of the obstruction is on the Town's
property. This only applies to normal service laterals, property line to main (normally
approximately ten (10) metres or thirty-three (33) feet) and not those made under special
agreement with the Town. The Town may assume all costs for maintenance services to
clear the blockage, except for the minimum service charge.
d)
Where it is discovered that the service obstruction is the direct result of a person(s)
discharging or depositing items, i.e. female hygiene products, paper towels, etc. other
than those deemed normal every day usage, regardless of the location of the obstruction
(Owner's or Town's property), the Owner shall be responsible for the costs of the work
done to clear the obstruction.
2.20 Ownership change - notice
Upon change in ownership of premises supplied with a sewer service by the Town, the new Owner
shall notify the Town of the change.
2.21 One service - per premises
Except as stated herein, in no case shall piping of one building be connected to the piping of
another. Pursuant to Ontario Building Code, Article 7.1.5.4, sentences (1), No premises shall
be provided with more than one sewer service, except that where a principle use building is
serviced, and ancillary/accessory building may be serviced by the same sewer service
provided that:
a)
both building are on the same property,
b)
the services are registered on title to the lands with the local authority,
c)
a formal agreement is reached with all interested parties and,
d)
permission is granted by the Engineer.
2.22 Purchasing of property - arrears outstanding
It shall be the responsibility of any person purchasing property to which, sewer is supplied by the
Town, to cause a search to be made of records for utility arrears outstanding against the property
prior to completion of purchase and to obtain from the Town a certificate of such arrears.
2.23 Private Drain Connection - requirements
No person shall join or permit to be joined a building sewer to a service lateral:
a)
until an application, under section 2.3 is filed with the Town and:
b)
until an inspection by the Town employees has been carried out to confirm all
work performed is in conformity to all applicable statutes, by-laws and
regulations, and;
c)
until a television inspection has been carried out by Town employees to verify
its serviceability and been deemed to be adequate for use and an approved
connection can be made; [Note: where the connection is not approved for use
the Owner shall renew the service lateral, as described in Section 6.8 of this by-
law]; and
d)
until all payments required by this by-law have been paid.
2.24 Private drain connections - serving dwelling units
If a single detached dwelling or a semi-detached dwelling is served by a sanitary sewage service
lateral, such dwelling shall have an individual building sewer and private drain connection.
This section does not apply to existing residential dwelling units, which share a private drain
connection.
2.25 Purchasing of property - serviced with sewer service - future development - payment
It shall be the responsibility of any person purchasing property to which sewer service is supplied by
the Town for future development, to cause a search of records for the service information prior to
completion of purchase. Where properties are serviced as such, the person purchasing such
property shall be required to make application for such sewer service and make payment as
outlined in the Town's User Fee by-law in effect at the time.
2.26 Random Inspection - Vacancies - Town
Once property owners of vacant unit(s) listed under sections 2.28 & 2.29 complete a credit
adjustment form or report, the Town may conduct random inspections of these unit(s) to ensure that
they are vacant and are not using sewer services. If the Town becomes aware that a vacant unit(s)
TOWN OF FORT FRANCES Page 12 of 23
By-Law No. 06/16
is occupied or the property owner is using sewer services in a vacant unit(s), the property owner
shall be charged with an offence under this by-law and the applicable fees for sewer services will be
charged back to the date the credit adjustment form or report became effective.
2.27 Sewer rate - single tenant - responsibility
Where a building is used or occupied by a tenant in a residential zone whose application for a
supply of sewer services to such building is accepted by the Town, the owner of the premises shall
be liable to the Town for the payment of all rates in respect of sewer services supplied to the
building.
2.28 Sewer rate - multiple tenants - responsibility
Where a building is used or occupied by:
a)
an owner and one or more tenants: or
b)
two or more tenants each residing in separate dwelling units,
In a residential zone, it is the responsibility of the owner to make application for sewer service
to such building and the owner shall be liable to the Town for the payment of all rates in respect
of sewer supplied to such building.
2.29 Sewer rate - ICI - responsibility
Where a building is used or occupied by an owner and/or tenant in an ICI zone and a sanitary or
storm sewer service is supplied, the Town shall accept an application for sewer service to such
building from the owner and the owner shall be liable to the Town for the payment of all rates in
respect of the sewer service supplied to such building.
2.30 Sewer Fees or Charges - Unoccupied or Vacant Residential Properties
A residential property owner may qualify for an adjustment to applicable fees for sewer services, if
the water curb stop valve is placed in the "off" position in accordance with the terms and conditions
outlined in the current Water System Management By-law 06/03, as amended and the sewer is not
in use. Also the property owner is required to complete a credit adjustment form in accordance with
timelines and guidelines as established by the Town of Fort Frances Utilities Department.
2.31 Sewer Fees or Charges - Unoccupied or Vacant Multi-residential Unit(s)
A multi-residential property owner with unoccupied or vacant multi-residential unit(s) may qualify for
an adjustment to applicable fees for sewer services, if the property owner completes a credit
adjustment form in accordance with timelines and guidelines as established by the Town of Fort
Frances Utilities Department.
2.32 Sewer Fees or Charges - Unoccupied or Vacant Mobile Home Trailer(s)
This clause addresses mobile home trailer(s) located within a mobile home trailer park, exclusive of
Recreational Vehicle (RV) campgrounds. A mobile home trailer park property owner with vacant
trailer(s) may qualify for an adjustment to applicable fees for sewer services, if the property owner
completes a credit adjustment to applicable fees for sewer services and, if the property owner
completes a credit adjustment report in accordance with timelines and guidelines as established by
the Town of Fort Frances Utilities Department.
2.33 Sewer Usage - Vacant Multi-residential Unit(s) or Vacant Mobile Trailer(s)
Under no circumstances will applicable fees for sewer services be adjusted where vacant multi-
residential unit(s) or vacant mobile home trailer(s) listed under clauses 2.31 or 2.32 are either:
a)
using water, and/or
b)
bleeding water in order to prevent their water service line from freezing.
Part 3
SEWER RATES AND CHARGES
3.1
Application for sewer service
Before the initial supply of a sewer service, private drain connection 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
Application - termination of service
Before the termination of a sewer service, whether temporary or permanent, the owner shall
make application for the same on the appropriate forms and the owner shall be governed by
the requirements of this by-law.
3.3
Billing - flat rate
Customers shall be billed bi-monthly for sewer services at the rates outlined in accordance with
the current Town's User Fee by-law.
3.4
Billing - metered customers
Customers shall be billed bi-monthly for sewer at the rates outlined in accordance with the
current Town's User Fee By-law.
TOWN OF FORT FRANCES Page 13 of 23
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3.5
Collection - charge
When it has been necessary for a "notice of disconnection" to be delivered as set out in Section 3.9
of this part of the by-law, a collection charge shall be applied to the outstanding account. Where two
(2) consecutive billings have resulted in the need for such notice of disconnection to be delivered as
described herein, then a collection charge shall be applied for each occurrence. The rates for
collection charges are outlined in the current Town of Fort Frances Collections Policy.
3.6
Cost - outstanding - completion
The applicant shall pay the remaining portion of the actual cost of installation within thirty (30)
days from the date of billing for such installation.
3.7
Deposit - prior to installation
A deposit, as set out in the current Town's User Fee by-law, shall be made prior to installation
of the service.
3.8
Frozen service - thawing charge
Costs of the thawing of frozen sewer service lateral, private drain connections or building sewer
service are set forth in accordance with the current Town's User Fee by-law.
3.9
Non-payment - water turn off - lien
If the customer at any premises omits, neglects or refuses to pay any bills rendered, whether for
sewer service installations, meter, service charges or any other monies to which the Town may be
entitled in respect of sewer services to such premises, such charges shall remain as a lien on the
property where they have been incurred by the owner of the property and may be collected in
accordance with the procedures permitted by Section 398(2) of the Municipal Act, 2001.
3.10 Notice of arrears - outstanding account - late payment charge
When an account is not paid by the due date stated on the bill, a late payment charge, as outlined
in accordance with the Town's Collection Policy will be assessed to the account. On second billing,
with one full bi-monthly in arrears, a notice of arrears will be served reminding the customer of the
outstanding account and advising of further action.
3.11 Notice of arrears - served
The notice of arrears shall be served personally (hand delivered) or by "Registered Mail" to the
premises or the last known property owner to which the service had been supplied.
3.12 Notice of disconnection
On third billing, with two full bi-monthly billings in arrears should the account remain unpaid, a water
disconnection notice will be issued. The Engineer will deliver or cause to be delivered to the
serviced address, advising the customer that unless payment is received, in full within ten (10) days
the water supply will be discontinued.
3.13 Reconnection - charge - non-payment
Where it has been necessary to discontinue service as a result of "non-payment", a
reconnection charge as shown in current Town's User Fee by-law will be levied against the
delinquent account, in addition to the applicable collection charge.
3.14 Service installation charges
The Engineer, upon application for such sewer service shall prepare an estimate of the service
installation costs.
3.15 Unpaid bills - interest
Unpaid bills, after thirty (30) days, shall have a 1.25 per cent interest charge added per month
and each month thereafter until paid in full.
Part 4
DEPOSITS
4.1
Deposit - security for payment
Whenever an application is made to the Town for a private drain connection, the Town will
require the customer to make a deposit of such a sum of money, as it may consider advisable
or as specified within this by-law. Each such deposit shall be security for payment for all
services required in respect to which the deposit was made. In the case of discontinuance of
service the customer is to notify the Town in writing. All requests will be in writing on the
applicable forms for services required.
4.2
Deposit - applied as payment
Where a deposit has been made pursuant to Section 4.1 of this by-law, and the private drain
connection supplied to the customer has not been paid for on demand as may be provided by
the Town's by-laws and regulations, then the deposit, or as much of it as shall be necessary,
shall be applied in payment for such service and said service shall be discontinued until further
monies have been paid to the Town sufficient to again bring up the deposit to the amount
required.
TOWN OF FORT FRANCES Page 14 of 23
By-Law No. 06/16
Part 5
SEWER SYSTEM - OPERATION - USE
5.1
Authority - Town
The Town in its own right shall have the sole responsibility, authority, power and capacity to
construct, maintain and operate all sewer works, plant and equipment within its boundaries
serving the Town and to establish whether the terms upon which municipalities or persons
outside its boundaries may be allowed to connect to the said sewer works as consumers and to
establish the rates to be charged for use by such consumers.
5.2
Cleanout - existing
Where cleanouts exist on the property line the property owner shall keep them in good repair
and free from leaks, damage and disrepair.
5.3
Connection to sewers - every building - having plumbing fixtures
Every building in which plumbing fixtures are installed shall have a connection to a public sewer
or private sewage disposal system by the most direct line from the building to the public sewer
unless approved otherwise by the Engineer.
5.4
Manholes
No person except the Engineer or person authorized by the Engineer shall be permitted to
interfere with the operation of the sewer system manholes.
5.5
Sanitary sewer - location - restricted
Unless otherwise approved by the Chief Building Official no sanitary sewer shall pass under
any residential building other than the building it serves and the entire plumbing system of
every building or premises shall be separate from and independent of that of every other
building or premises and shall have an independent connection with a public sewer.
5.6
Private system - limitations
No person shall construct or maintain any private system of disposal of excremental matter or
sewage except upon permission by the Engineer. Application for permission shall be
accompanied by a detailed description of the system and its location on the premises.
5.7
Private system - where prohibited
No private system of disposal of sewage shall be allowed to exist on lands abutting streets
which have sewage facilities or upon those premises which, by reason of their situation, may
connect to existing sewers where a public sewer exists and all such private systems of disposal
are hereby declared as a nuisance within the meaning of the Health Protection and Promotion
Act.
5.8
Private system - discontinuance
Where the Chief Building Official or the Engineer is satisfied upon due examination of a
building that the connection to the sewers of the municipality is disconnected, the same must
be made within thirty (30) days after written notice thereof has been given to the lessee, owner
or occupant of such premises and the existing private system of disposal shall be cleaned,
filled, removed or destroyed within a period of ten (10) days after the connection has been
made to the sewerage system.
5.9
Operation or interference - unauthorized - offence
No person except the Engineer shall open or close any manhole, or valves within the sewer
system, remove, tamper with or in any way interfere with any operation of valves or structures
within the sewer works collection system.
5.10 Pipes - maintained
All persons supplied with a sewer service by the Town shall keep pipes, private drain
connections, valves, fixtures and other appurtenances on their property of premises in good
repair.
Part 6
SEWER SERVICE CONSTRUCTION
6.1
Connection to main - prior application
The installation of the service lateral will not be scheduled or commenced in any way until the
customer has met the requirements of this by-law.
6.2
Installation - access for inspection
The Town or persons authorized by the Town for inspection shall at all times, be entitled to
enter any premises for the purposes of examining pipes, connections and fixtures which are
used in connection of the sewer service pipe and/or service main.
6.3
Installation - alteration - approval by Town
For any new service lateral or private main installation or alteration of existing service lateral or
private main, the owner must apply for approval from the Town.
TOWN OF FORT FRANCES Page 15 of 23
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6.4
Installation - by Town - by Contractor
All sewer services between the sewer main and the property line shall be installed by the Town
or by contractors engaged by the Town for the purposes of such installation or as specified in
new land development projects where agreement with the Town and the developer or sub-
divider to complete such work.
6.5
Installation - Inspection by Town
The Town must inspect all sewage works and appurtenances installed including those required
under a Subdivision or Development Agreement. The charge for inspection is to be at an hourly
wage charge plus a vehicle or as specified in the Subdivision or Development Agreement.
6.6
Installation to Town specifications - Ontario Building Code requirements - Building
Permit
All sewage works and private mains located within the Town limits shall be inspected by and
constructed according to Town specifications as approved by the Engineer from time to time.
All sewage work plans 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 prior to
backfilling. Where the Ontario Building Code is silent the Town's specifications shall be applied
and shall prevail. All such private mains and building services located on private property
require a building permit for installation.
6.7
Maintenance of service lateral - Town
The Town of Fort Frances at its expense shall maintain
the service lateral.
6.8
Renewal of service lateral - Building Permit - Town - Owner
Upon issuance of a building permit for new construction, reconstruction or as determined
necessary by the Chief Building Official or Engineer, the Town shall renew service lateral on
public property at the Owner's expense if in the opinion of the Engineer one of the following
exists:
a) piping beyond repair (structurally); or
b) existing pipe material is of substandard material; or
c) serviceability is deemed unacceptable.
Replacement piping shall conform to the specifications of the Town and shall be the same size
as existing or the minimum size as specified in the Ontario Building Code. If the owner
requests a larger size, the owner shall pay the difference in material costs. The Owner shall
make application as per Section 2.2 of this by-law.
6.9
Responsibility for frozen pipes - Town - Owner
Thawing out frozen service laterals shall be the Town's responsibility. Thawing out frozen
building service and private mains shall be the Owner's responsibility. Where any employee of
the Town assists the Owner in the thawing of frozen pipes in the Owner's property, all such
work will be at the Owner's expense as outlined in accordance with the current Town's User
Fee By-law. The Owner shall have no claim against the Town by reason of such work.
6.10 Responsibility for Manhole Maintenance - Town - Private
Any manhole situated within the road allowance is the property of the Town and shall be
maintained by the Town. Manholes privately owned and paid for by any persons, other than the
Town shall be maintained by qualified persons or the Town through a written agreement.
6.11 Termination of sewer service - building demolition - permanent/temporary
In the event of the demolition of any building or buildings on a premise serviced with sewer, the
appropriate application is to be made to the Town and the existing sewer service is to be
terminated as follows:
a) where a sewer service pipe is to be permanently terminated, the service pipe is to be
disconnected at the sewer main, the sewer service is to be plugged and the existing
cleanout is to be removed from the property line. This work shall be carried out by the
Town at the expense of the Owner.
b) where the sewer service pipe is to be temporarily terminated, the Owner or
Authorized Representative of the Owner or their Contractor shall dig at the property
line, expose and plug the service with an appropriate plug/cap.
Should the Owner or Authorized Representative of the Owner or their Contractor damage any
portion of the Town's infrastructure while performing this work he/she must notify the Town
immediately. The repair/replacement of the infrastructure shall be completed by the Town at
the expense of the Owner.
6.12 Termination (temporary)/connection of service - inspection
Where a sewer service connection (private drain connection) is required to be temporarily
terminated or connected to a premise, such service shall be dug by the Owner or Authorized
Representative of the Owner or their Contractor at the property line and the sewer service
inspected. The Town shall require forty-eight (48) hours notice prior to any work being done.
TOWN OF FORT FRANCES Page 16 of 23
By-Law No. 06/16
Temporary termination:
The Engineer shall inspect the termination of such service to ensure that all particulars outlined
in Section 6.11 of this by-law are met.
Connection of service:
The service shall be inspected in accordance with Section 2.23 of this by-law. Connections to
existing services are to be inspected by the Town prior to backfilling at the applicable
inspection rates as set forth in the current Town's User Fee by-law.
If the service does not meet present standards or by-law requirements or is in a poor
state of repair, the Owner shall make application for a new service as described in
Section 2.2 of this by-law.
The owner/applicant shall be liable for all the costs of locating the sewer service
connection upon application for reconnection.
Part 7
PROHIBITIONS AND DISCHARGES TO PUBLIC SEWAGE WORKS
7.1
Prohibited discharges - sanitary sewer
No person shall permit storm water sewage, surface or subsurface drainage from his or her
property to be discharged into a sanitary sewer.
7.2
Prohibited discharges - sanitary sewer - ground surface heat pump
No person shall permit water discharged from a ground source heat pump system located on
his or her property to discharge into a sanitary sewer.
7.3
Prohibited discharges - storm sewers
No person shall permit sanitary sewage from his or her property to be discharged into a storm
sewer.
7.4
Prohibited discharges - storm sewers - ground source heat pump
No person shall permit water from a ground source heat pump system located on his or her
property to be discharged into a storm sewer.
7.5
Prohibited discharges - sanitary sewer - storm sewer - general
No person shall permit the discharge or deposit or cause or permit the discharge or deposit of
matter of any kind into or in land drainage works, private branch drains or connections to any
sanitary sewer or combined sewer:
a) matter of any type at any temperature or in any quantity, which may be or may
become a health or safety hazard to a sewage works employee, or which may
become harmful to sewage works, or which may cause the sewage works effluent to
contravene any requirement by or under the Ontario Water Resources Act or the
Environmental Protection Act (Ontario), or which may cause the sludge from sewage
works to fail to meet the criteria relating to contaminants for spreading the sludge on
agricultural lands under Ontario's Guidelines for Sewage Sludge Utilization on
Agricultural Lands (as revised from time to time) unless the person has been advised
in writing by the operator of the sewage treatment works will never be used on
agricultural lands, or which may interfere with the proper operation of a sewage
works, or which is or may result in a hazard to any person, animal, property or
vegetation and;
b) without limiting the generality of the foregoing, any of the following:
i. solid or viscous substances in quantities or of such size as to be capable of
causing obstruction to the flow in a sewer, including but not limited to
bones, cinders, sand, mud, straw, shaving, metal, glass, rags, feathers, tar,
plastics, wood, unground garbage, animal guts, female hygiene products,
paper towels or tissues, paunch manure, and whole blood
ii. sewage that may cause an offensive odour to emanate from a sewage
works, and without limiting the generality of the foregoing, sewage
containing hydrogen sulphide, carbon disulphide, other reduced sulphur
compounds, amines or ammonia in such quantity that may cause an
offensive odour
iii. except in the case of discharge into a combined sewer, stormwater, water
from drainage of roofs or of land, water from a watercourse or
uncontaminated water
iv. water other than stormwater that has originated from a source separate
from the water distribution system of the municipality
7.6
Prohibited discharges - roof water/ground water - sanitary sewer
No person shall permit the drainage of building roof water into the sanitary sewer. Any system
of drainage works, including foundation weeping tile sump pump discharge, or building roof
water into the sanitary sewer is prohibited. The Corporation may enter any property at
reasonable times as may be arranged with the property owner, occupant or their
representative, as outlined in Sections 2.14 & 2.15 to determine the system of drainage works
TOWN OF FORT FRANCES Page 17 of 23
By-Law No. 06/16
for drainage of building roof water or foundation weeping tile sump pump discharge into the
sanitary sewer:
a) In the event the Corporation is denied, prevented or is refused access to any
property for the purposes of this by-law, written notice shall be hand delivered
or sent by prepaid registered mail to the property owner directing that if the
Corporation is not allowed to make its determination within forty-eight hours of
the delivery of the notice, any and all sewer and water services to the property
shall be discontinued until such determination is permitted. Sewer and water
services shall not be reinstated until these costs, including prepayment of costs
of reinstatement of services, have been paid in full together with the
Corporation completing its determination.
b) Where the Corporation determines that any property is draining building roof
water and/or ground water from a foundation weeping tile sump pump system
and discharging it into the sanitary sewer or has a system of drainage works for
draining of building roof water into the sanitary sewer;
The Corporation shall send by registered mail to the property owner, notice to
reconstruct the drainage system to cease and desist drainage of building roof water
into the sanitary sewer:
(i) The property owner may make application, within six months of the
date of the notice, for an extension of not more than one year from the
end of the notice.
c) In the event the property owner has failed to reconstruct the drainage system to
cease and desist drainage of building roof water and/or foundation weeping tile
sump pump discharge into the sanitary sewer as per the notice, the Corporation
may, without further notice;
(i) Seek prosecution for contravention of the by-law, and/or,
(ii) Discontinue any and all sewer and water services to the property until
such reconstruction is completed. Sewer and water services shall not
be reinstated until these costs, including prepayment of costs of
reinstatement of service have been paid in full together with the
completion of the reconstruction works.
d) Corporation costs for discontinuance of sewer and water services, if unpaid by
the property owner within ten (10) days of billing shall be added to the
Collector's Roll of the Corporation and collected in the same manner as taxes in
accordance with the Town's Collection Policy.
The above clauses shall not apply where pre-existing (prior to August 12, 1985) weeping
tile connections only are connected to a sanitary sewer service except in the event of
demolition and reconstruction of a building whereupon the above clauses shall be in
affect.
7.7
Prohibited discharges - alterations to prevent
No person shall refuse to alter, relay or repair every plumbing or drain system upon his or her
lands to ensure that:
a) no storm water sewage from their property is discharged into a sanitary sewer and;
b) no sanitary sewage is discharged into a storm sewer.
7.8
Plumbing systems to be sealed
In the case where a property owner wishes to undertake new construction, addition, partial or
whole demolition, alteration or renewal of foundation dampproofing or waterproofing or other
works as determined by the Chief Building Official or Engineer, a building permit is to be
obtained by the property owner or authorized agent and the building sewer servicing the
plumbing system must be sealed against the entry of all foundation drain water.
Part 8
DEVELOPMENT REQUIREMENTS STORM SEWER
8.1
Undertaking a development
Every person shall provide for the discharge of storm water sewage into a storm sewer for all
developments other than single-detached, semi-detached or duplex dwelling units. For single-
detached semi-detached or duplex dwelling units, every person shall provide for the discharge
of storm water sewage in accordance with Sections 8.2 to 8.12.
8.2
Alternate methods of storm water management
Where in the opinion of the Engineer there is no storm sewer accessible or the accessible
storm sewer does not have the capacity to accept additional flow. The person undertaking the
development shall provide a dry well or storm water retention system, which is certified by a
Professional Engineer to the satisfaction of the Engineer.
a) Where, as determined by the Engineer, there is an acceptable storm sewer abutting
the property at an acceptable elevation, the owner may direct the discharge from the
weeping tile sump pump to a properly installed connection. The Town of Fort
Frances Operations & Facilities Division at the expense of the property owner will
complete the installation of the required service from the storm sewer main to the
property line. The applicable forms are to be completed before arrangements for the
TOWN OF FORT FRANCES Page 18 of 23
By-Law No. 06/16
installation is made. The rates for the installation of this service are as provided in the
current Town's User Fee by-law.
b) Where as determined by the Engineer, there is no acceptable storm sewer or open
ditch abutting the property, the property owner may make application annually for
permission to direct the discharge from the weeping tile sump pump to the sanitary
sewer between October 15 and March 31 each year. Approval by the Engineer, of
the application is required before any connection to the sanitary sewer is made. The
property owner shall terminate the connection of the discharge from the weeping tile
sump pump to the sanitary sewer and redirect the discharge to the outdoors by
March 31 or as directed by the Engineer.
In special circumstances, the Engineer may grant permission to a property owner to deviate
from the foregoing required timelines.
No property owner shall permit the discharge from the weeping tile sump pump to the surface
of any municipal roads during winter months.
8.3
Development requiring site plan approval
For all new site plan approvals, all existing connections of foundation drains (weeping tile) shall
be removed and no new connection of foundation drains shall be allowed to the sanitary sewer
system unless approved by the Engineer.
8.4
Discharge of foundation drain (weeping tile) flows
Every person shall discharge all foundation drain (weeping tile) flows from a building in
accordance with this by-law.
8.5
Gravity connections
No gravity connection of foundation drains (weeping tile) will be allowed to the storm sewer
system unless the system has the capacity to provide for such connections and is approved by
the Engineer.
8.6
New plans of subdivision
Where ever possible no person shall create a lot that does not have a storm sewer adjacent to
it and, in subdivisions where the subdivision agreement has been approved by Council no
person shall create a lot that does not have a storm private drain connection, except where a
geotechnical engineer certifies that foundation drains (weeping tile) are not required.
8.7
When sump pumps are discharged to ground surface
For all new subdivisions, where the subdivision agreement is approved by Council where ever
possible sump pumps shall discharge foundation drain (weeping tile) flows into a storm sewer.
Where a sump pump discharges foundation drain (weeping tile) flows to the ground surface,
the following shall apply:
a) if a problem related to a lot, caused by the discharge of the sump pump to the ground
surface occurs prior to the Town's assumption of the street fronting that lot, the
developer will be required to redirect the sump pump discharge to the storm sewer
via a storm private drain connection at no cost to the Town;
b) prior to the assumption of a street by the Town, the developer will be required to
engage a geotechnical engineer to certify that the soil and ground water conditions
on any vacant lot or lots are such that a direct connection to a storm sewer will not be
required. If such certification cannot be provided, the developer shall be required to
install a storm private drain connection to serve each affected lot, at no cost to the
Town;
c) prior to the assumption of a street by the Town, should the discharge of a sump
pump on any lot adjacent to a vacant lot be required, because of unsuitable or
unfavourable soil and ground water conditions, to be connected directly to the storm
sewer, the developer shall install storm private drain connections to all vacant lots as
directed by the Engineer, at no cost to the Town.
8.8
Requirements for foundation drain (weeping tile) flows
The foundation drain (weeping tile) flows from a building shall be discharged in the following
manner:
a) via a sump pump to the ground surface, provided that the discharge to the ground
surface does not create continually wet ground conditions and/or do not create any
adverse effect upon municipal sidewalks and roads or upon adjacent properties; or
b) via a sump pump to a storm sewer; or
c) via a sump pump to a dry well system, provided that appropriate soil testing is
completed to establish the suitability of using a dry well system, and that the dry well
system is designed and certified by a qualified Ontario Professional Engineer; or
d) by gravity water flow to the storm sewer, if capacity and availability, as determined by
the Engineer, exists in the storm sewer; and
e) in subdivisions where the subdivision agreements are approved by Council,
notwithstanding the requirements of clauses 8.8 (a) to (d) inclusive, sump pump
discharges shall be connected to storm building sewers, which shall be connected to
storm private drain connections.
TOWN OF FORT FRANCES Page 19 of 23
By-Law No. 06/16
Except in cases where a recommendation is made by a geotechnical engineer, on a site-
specific basis that foundation drains are not required due to the nature of the soils.
8.9
Roof water downspouts
No person shall connect a roof water downspout to the sanitary private drain connection.
8.10 Roof water downspouts - no discharge to side yard - damage to adjoining property
No person shall direct a roof water downspout towards a side yard in such a manner as to
cause damage or any other adverse affect to adjoining property.
8.11 Roof water downspouts - no connection to foundation drains
No person shall connect a roof water downspout to the foundation drains.
8.12 Roof water downspouts - discharge distance from exterior walls
Every person shall extend all roof water downspout so that the water flow discharges from the
downspout a minimum distance of 1.22m (4') from the exterior walls of a building.
8.13 Storm private drain connections
For every residential lot that is created or infill development which comes forward by variance
through the Committee of Adjustment, where a storm sewer exists or where in the opinion of
the Engineer it can be extended, every person shall provide a storm private drain connection to
serve the building, and sump pump discharges from the building shall be connected to the
storm building sewer, which shall be connected to the storm private drain connection, except as
approved otherwise by the Engineer.
8.14 Weeping tile discharge (temporary)
No person shall redirect weeping tile discharge into the sanitary sewer system unless approved
by the Engineer and the appropriate forms are completed. This will allow the occupant to
temporarily redirect the weeping tile discharge from the outdoors to the sanitary sewer system
between October 15 and March 31.
Part 9
COMMERCIAL, INSTITUTIONS & INDUSTRIAL PREMISES
9.1
Billing
All billing shall be accordance with the current Town's User Fee by-law.
9.2
Charge - lien on land - collected as taxes
Any charge based on the rates set out in the current Town's User Fee by-law imposed upon
any owner or occupant of land has priority lien status and may be added to the tax roll against
the property in respect of which the sewer service was supplied.
a) if any charge or any part thereof remains unpaid after its due date, the Tax
Administrator, upon notice to the owner or occupant of the amount due, the person
by whom it is due, shall add the same to the tax roll.
b) if an amount is added to the tax roll in respect of a property under this section, that
amount, including interest;
(i)
may be collected in the same manner as taxes on the property;
(ii)
may be recovered with costs as a debt due to the municipality from the
assessed owner of the property at the time the charge was added to the
tax roll and from any subsequent owner of the property or any part of it;
(iii)
is a special lien on the property in the same manner as taxes under
subsection 349(3) of the Municipal Act, 2001; and
(iv)
may include cancellation price under Part XI of the Municipal Act, 2001 in
the same manner, as are taxes on the property.
9.3
Default of duty - expense recovery by Town
Where the owner or occupant of commercial, institutional or industrial premises does not install
or maintain each manhole device or facility required under this by-law, such installation or
maintain each manhole device or facility required under this by-law, such installation or
maintenance may be done at the direction of the Engineer at the expense of the owner or
occupant and the Municipality may recover the costs incurred in doing such work by action or
by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.
9.4
Grease, oil, sand and dirt interceptors and screening devices
The Engineer may require the owner or occupant of commercial, institutional or industrial
premises with one or more connections to the public sewage works to install and maintain in
good repair in each connection, a suitable device to prevent the entry of grease, oil, sand and
dirt into the public sewage works.
9.5
Manhole - accessible at all times
A person required to install a manhole, device or facility shall ensure such manhole, device or
facility is accessible at all times for the purposes of observing, sampling and measuring the flow
of sewage therein.
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By-Law No. 06/16
9.6
Manhole - alternative installed and maintained
The Engineer may require the owner or occupant of commercial, institutional or industrial
premises with one or more connections to the public sewage works to install and maintain in
good repair in each connection a suitable manhole having a diameter of not less than 1.2
metres to allow observation, sampling and measurement of the flow therein. Provided that
where installation of a manhole is not possible, an alternative device or facility may be
substituted with the approval of the Engineer.
9.7
Manhole - failure to install and maintain - prohibited
No person shall fail to install or maintain in good repair a manhole, device or facility that meets
the standards of this by-law upon being required to do so by the Engineer.
9.8
Manhole - other design construction and maintenance
Every manhole, device or facility installed as required by this by-law shall be designed and
constructed in accordance with good engineering practice to the satisfaction of the Engineer
and shall be constructed and maintained on the land of the owner or occupant of the premises,
at the owner's expense.
9.9
Monitoring devices - reporting requirements
The owner or occupant of commercial, institutional or industrial premises shall, at the discretion
of the Engineer, install devices to monitor discharges, and if required to do such installation,
shall submit regular reports regarding such discharges to the Engineer.
9.10 Monitoring devices - failure to provide reports
No person shall fail to install a device to monitor discharges or fail to submit regular reports
regarding such discharges when required to do so by the Engineer.
9.11 Screening devices installed and maintained
No person shall fail to install or maintain a suitable device to prevent the entry of grease, oil,
sand and dirt into the public sewage upon being required to do so by the Engineer.
Part 10
CHARGES FOR SERVICES PROVIDED
10.1 Rates/charges - applicable taxes
All rates/charges outlined in the current Town's User Fee by-law are exclusive of applicable
taxes which are payable by the owner in addition to the charges for services rendered.
10.2 Payment due upon completion of work
The cost of installation, replacement or repair as described within this by-law shall be due and
payable in advance of the commencement of the work as a fee or charge under Part XII of the
Municipal Act, 2001 as amended. At the property owner's request the fee may be added to the
property owner's tax roll over a ten (10) year period with the addition of an appropriate
financing charge as determined by the Town's Treasurer, under the authority of subsection 398
(2) of the Municipal Act, 2001, as amended.
10.3 Separation of mutual service lateral/building sewer
Where a mutual service lateral/building sewer serves two or more properties where at least one
facility is a single detached, semi-detached or duplex dwelling and separation of the mutual
service lateral is desired, the installation of the new sewer service shall be completed by the
Town at the expense of the Owner as outlined in the Town's User Fee By-law.
10.4 Services provided by the Engineer - repair, replacement, installation - single detached,
semi-detached, duplex dwellings - charge
The fees and charges as set out in the Town's User Fee by-law are imposed on owners of
single detached, semi-detached of duplex dwelling for the following services or activities
provided by the Engineer.
a) New service lateral - construction of sewer - sanitary: The installation of a new
sanitary sewer lateral in conjunction with a Town construction project that involves
the construction of a sanitary sewer main:
b) New service lateral - construction of sewer - storm: The installation of a new storm
sewer lateral in conjunction with a Town construction project that involves the
construction of a storm sewer main;
c) Existing service lateral - replacement - construction of sewer - sanitary: The
replacement of an existing sanitary sewer lateral to the property line in conjunction
with a Town construction project that involves the construction of a sanitary sewer
main;
d) Existing service lateral - replacement - construction of sewer - storm: The
replacement of an existing storm sewer service lateral to the property line in
conjunction with a Town construction project that involves the construction of a storm
sewer main;
e) Repair or replace existing service lateral - excavation: The repair or replacement of
an existing service lateral in conjunction with a Town construction project with
excavation below the road structure where the service lateral is within the excavated
area but that does not involve the construction of a sewer main; and
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By-Law No. 06/16
f)
Repair or replace existing service lateral - no construction: The repair or replacement
of an existing service lateral do not apply.
10.5 Warranty
Notwithstanding any provision of this by-law, where it is demonstrated by the owner through a
closed circuit television inspection, in accordance with the Town's requirements and to the
Town's satisfaction, that there is a failure in his/her service lateral which has been installed,
replaced or repaired by the Town, due to faulty workmanship or materials within thirty (30)
years of the date of the last installation, repair or replacement. There shall be no charge for any
work done by the Town to correct the faulty workmanship or materials.
10.6 Work undertaken by the Town - limited
Subject to 10.4, the Engineer shall not undertake:
a) the repair or replacement of a private drain connection serving a property that is not
single detached, semi-detached or a duplex dwelling: or
b) the installation of new private drain connection for any property
c) the responsibility and costs for such works in this subsection shall be borne by the
property owner.
d) Despite 10.6 (a) the Engineer may undertake the following for any property for the
applicable fee:
(i)
the repair or replacement of a private drain connection where the work is
done in conjunction with Town main sewer construction project or
applicable Town construction project under authority of the Municipal
Act, 2001: and
(ii)
the installation of a new private drain connection if the work is done in
conjunction with Town main sewer construction project under authority of
the Municipal Act, 2001.
Part 11
MISCELLANEOUS
11.1 Failure to comply
The following shall apply;
a) where sanitary sewage or storm water sewage is discharged from a building in
contravention of the by-law, the owner shall forthwith perform all necessary work to
comply with the requirements of this by-law;
b) where any building sewer or private drain connection is required to be sealed under
this by-law, the owner shall forthwith perform all necessary work to comply with the
requirements of this by-law; and
c) where any building sewer, private drain connection, plumbing system or drainage
system is required to be altered, relayed or repaired under this by-law, the owner
shall forthwith perform all necessary work to comply with the requirements of this by-
law.
11.2 Offences
Every person who contravenes this by-law is guilty of an offence.
Part 12
ENFORCEMENT AND PENALITIES
12.1 Administration - enforcement - for contravention
The provisions of this by-law are to be enforced by both the Chief Building Official and/or the By-
Law Enforcement Officers, as Council for the Town of Fort Frances appoints them from time to
time.
12.2 Penalty for contravention
Any person who contravenes any provision of this by-law is, upon conviction, guilty of an
offence and is liable to a penalty as provided in the Provincial Offences Act.
12.3 Fines for contravention
Any person other than a corporation who contravenes any section of this by-law is guilty of an
offence and upon conviction is liable for a fine of not more $5,000.00 for a first offence and not
more than $25,000.00 for each subsequent offence.
12.4 Fines for contravention - corporation
Notwithstanding any other provision of this by-law, a corporation upon conviction of a
contravention of this by-law is liable for a fine of not more that $50,000.00 for a first offence and
not more than $100,000.00 for each of any subsequent offences.
12.5 Contravention - repetition - prohibited - by order
The court in which the conviction has been entered, and any court of competent jurisdiction
thereafter, may make and 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.
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By-Law No. 06/16
Part 13
REPEALING
13.1 By-law - previous - repealed
By-laws No.6/92, 27/85, 62/88 and all amendments thereto are hereby repealed.
Part 14
EFFECTIVE DATE
14.1 By-law effective date
This by-law comes into force and effect on January 25, 2016.
READ THREE TIMES and finally passed in open Council this 25th day of January 2016.
Original signed by R. Avis
______________________________
R. Avis, Mayor
Original signed by E. Slomke
______________________________
E. Slomke, Clerk
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By-Law No. 06/16
Part 14
APPENDIX