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Corporation of the Town of Newmarket
By-law Number 2017-49
A By-law to Regulate Water Meters.
A By-law to enact rules and regulations for the installation, repair, maintenance,
and access to Water Meters and related appurtenances within the serviced area
of The Corporation of the Town of Newmarket.
WHEREAS The Corporation of the Town of Newmarket (hereinafter referred to
as the "Town") is a lower-tier municipality within the Regional Municipality of York
in the Province of Ontario;
AND WHEREAS subsection 11 (3) of the Municipal Act, 2001, S.O. 2001 c. 25,
as amended (the "Municipal Act"), states that the Town may pass by-laws
respecting public utilities including systems that distribute Drinking Water to the
public;
AND WHEREAS the Town has certain responsibilities for the distribution of
Drinking Water within the jurisdiction of the Town of Newmarket;
AND WHEREAS the Town is deemed to be the "water purveyor" as defined in
subsection 1.4.1.2(1)(b) of the Ontario Building Code;
AND WHEREAS Part 7 of the Ontario Building Code, as amended, authorizes a
municipality to regulate the connection of individual water services to a municipal
potable water works;
AND WHEREAS subsection 7.6.1 :3 (5) of the Ontario Building Code states that
where the water supply is to be metered, the installation of the meter, including
the piping that is part of the meter installation and the valving arrangement for the
meter installation, shall be according to the water purveyor's requirements;
AND WHEREAS subsection 80(1) of the Municipal Act, 2001, S.O. c. 25, states
that a municipality may, at reasonable times, enter on land to which it supplies a
public utility,
(a) to inspect, repair, alter or disconnect the service pipe or wire,
machinery, equipment and other works used to supply the public utility; or
(b) to inspect, install, repair, replace or alter a public utility meter.
AND WHEREAS subsection 391 (1) of the Municipal Act, 2001, S.O. c. 25, states
that a municipality may pass by-laws imposing fees or charges on persons for
services or activities provided or done by or on behalf of it;
AND WHEREAS subsection 398(1) of the Municipal Act, 2001, S.O. c. 25, states
that fees and charges imposed by a municipality on a person constitute a debt of
the person to the municipality;
AND WHEREAS subsection 398(2) of the Municipal Act, 2001, S.O. c. 25, states
that a municipality may add fees and charges to the tax roll of the property to
which the public utility is supplied and collect them in the same manner as
municipal taxes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF NEWMARKET HEREBY ENACTS AS FOLLOWS:
1.0 - Definitions
For the purpose of this By-law, the following definitions and interpretations shall
govern:
"Account" means the record of Water consumption and all fees and charges
relating to a Property;
"Advanced Metering Infrastructure (AMI)" means all aspects related to collection,
transmission, storage and monitoring of consumption, diagnostic and status data.
from metering devices by an automatic two-way metering infrastructure including
the related equipment, software and hardware as may be adopted by the Town
for the purposes of billing, data analyzing and remote utility management;
"Applicable Law" means any applicable federal, provincial or municipal laws,
statutes, by-laws, rules, regulations, orders, directives and codes including the
Ontario Building Code and Fire Code as may be amended from time to time;
"Applicant" means any Person who makes an application under this By-law;
"AWWA Standards" means the standards adopted by the American Water Works
Association, as amended from time to time;
"Back Charges" means additional charges made by the Town to correct
deficiencies in an Account, and it may refer to stopped Water Meter, illegal
connections, Water Meter in by-pass, tampered Water Meter, open by-pass
valve, Water Meter Reversal, incorrect Water Meter conversion multiplier, non
sewer charges, and other applicable situations which may cause the Town to
lose water sale revenue because of improper use of Water and Waterworks
System;
"Backflow" means the flowing back of or reversal of the normal direction of flow of
water, as defined by the Ontario Building Code, as amended;
"Backflow Preventer" means a device that prevents Backflow in a water
distribution system, as defined by the Ontario Building Code;
"Building" means as defined by subsection 1 (1) of the Building Code Act;
"Business Day" means any working day, Monday to Friday inclusive, but
excludes public holidays as defined in Part I of the Employment Standards Act,
2000, S.O. c.41;
"Consumer" means any or all of the Owner, Occupier, builder or developer of
Property which is serviced by, connected to or uses the Municipal Drinking Water
System;
"Continuing Offence" means a Person can be charged with a separate offence
for each day on which the offence was committed or continued;
"Council" means the Council of The Corporation of the Town of Newmarket;
"Drinking Water" means as defined by subsection 2(1) of the Safe Drinking Water
Act.
"Dwelling" means "Dwelling Unit" as defined by subsection 1.4.1.2 of the Ontario
Building Code;
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"Fees and Charges By-law" means a Town by-law to impose fees or charges for
services or activities provided or done by the Town, as may be amended from
time to time;
"ICI" means industrial, commercial and institutional;
"Infill home" means the use of land within a built-up area for further housing
development, especially as part of a community redevelopment or growth
management program or as part of smart growth;
"Irrigation System" means fixed equipment, which includes sprinkler heads,
piping and other components that are used primarily to apply Water to
vegetation;
"Municipal Drinking Water System" means municipal drinking-water system as
defined by subsection 2(1) of the Safe Drinking Water Act;
"Occupancy Certificate" means a document issued by the Town certifying a
buildjng's compliance with Ontario Building Code and other applicable laws, and
indicating it to be in a condition suitable for occupancy;
"Occupier" means a Person residing on or in a Property; a Person entitled to the
possession of the Property if there is no other Person residing on or in the
Property; and a tenant or leaseholder; and, where that Person is a corporation,
shall include the officers, directors and shareholders of that corporation. An
Occupier includes an occupant;
"Ontario Building Code" means 0. Reg. 350/06, of the Building Code Act, 1992,
S.O. 1992, c.23, as amended (the "Building Code Act") or any successor thereof;
"Ontario Fire Code" means 0. Reg. 388/97 of the Fire Protection and Prevention
Act, 1997, S.O. c.4, as amended or any successor thereof;
"Order" includes Notice, Work Order, Order to Comply, Order to Discontinue
"Owner" means a Person who has any right, title, estate, or interest in a
Property, other than that of only an occupant and, where that Person is a
corporation, shall include the officers, directors and shareholders of that
corporation, and shall include any Person with authority or power over or control
of that Property on the behalf of an Owner. An Owner includes a developer;
"Person" means an individual, sole proprietorship, partnership, municipality,
unincorporated association, unincorporated organization, corporation, ·trustee,
heir, executor, administrator or other legal representative, Owner and Occupier of
a Property, and includes an agent or employee of any of them;
"Plumbing" means a drainage system, a venting system and a water system or
parts thereof as defined in subsection 1 (1) of the Building Code Act;
"Private Fire Service Main" means pipes, fittings and appurtenances from the
Water Service Connection conveying water for fire protection or suppression only
to all points in a fire protection or suppression system;
"Private Meter" means a Water Meter which is not owned, serviced or maintained
by the Town;
"Private Water Service Pipe" means the pipe and fittings which convey Water
from the Water Service Connection to a Water Meter, ,or to the point where the
pipe and fittings connected to the Water Service Connection enters a Building or
structure if there is no Water Meter;
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"Private Water System" means an assembly of pipes, fittings, valves and
appurtenances that convey Water from the Private Water Service Pipe to Water
supply outlets, fixtures, Plumbing appliances, devices, and appurtenances and all
other points downstream of the Street Line or downstream of the point where the
Private Water Service Pipe enters a Building or structure if there is no Water
Meter;
"Property" means a house, Building, structure, or any part of a house, Building,
structure, lot or part of a lot which has a unique municipal address, adjacent to
the Municipal Drinking Water System;
"Remote Readout Unit" means any device which is used to record or transmit the
meter register reading of a Water Meter whether or not it is installed at a
separate location from the Water Meter but does not include the Water Meter
register;
"Renovated Building" means any Building or structure where the Plumbing or
piping around or adjacent to a Water Meter is changed or altered after the Water
Meter is installed;
"Road Allowance" means any right of way for the purpose of a road dedicated to
the Town or Regional Municipality of York;
"Sprinkler Meter" means any Water Meter which is installed separately for the
purpose of metering water used by irrigation systems;
"Street Line" means the boundary of a Property adjoining a Road Allowance;
"Tax Assessment Roll" means public record of the assessed value of property in
a taxing jurisdiction;
"Temporary Water Supply Connection" means a water supply pipe which is
installed for a specific short term purpose;
"Town" means The Corporation of the Town of Newmarket and includes its
employees, municipal law enforcement officers and agents;
"Town Standards and Specifications" means the Town's current Material
Specifications for Watermains and Appurtenances, Engineering Design Criteria
and Standard Drawings, Standarq Construction Specifications and Drawings for
Sewers and Watermains, as may be amended from time to time or any other
document replacing same;
"Water" means Drinking Water;
"Water Meter" means the meter read, serviced, maintained or supplied by the
Town to measure the quantity of Water consumed at, in or upon a Property;
"Water Meter Chamber" means the underground structure housing a Water
Meter which is located within three (3) metres of the Street Line of the Owner's
Prope.rty;
"Water Meter Replacement Program" means an annual capital program
implemented by the Town of Newmarket to replace water meters at or near the
end of their lifespan of approximately 20 years. This proactive annual program
reduces maintenance costs, risks of water leaks at the meter and provides
accurate measurement of water consumption by end users.
"Water Rates" means the rates set out in the Fees and Charges By-law;
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"Water Service Box" means the vertical pipe and cap installed over the Water
Shut off Valve and stem on the Water Service Connection;
"Water Service Connection" means the pipes, fittings and appurtenances used
for the purpose of supplying any Property in the Town of Newmarket with Water
from the Municipal Drinking Water System and situated between the Street Line
and the watermain;
"Water Shut off Valve" means the valve on the Water Service Connection located
at property line, owned and used by the Town to shut off or turn on the Water
supply from the Municipal Drinking Water System to any Properties;
"Waterworks System" means the Municipal Drinking Water System which is
owned and operated by the Town licensed pursuant to the Safe Drinking Water
Act;
"Waterworks User Fees" means waterworks fees, charges and rates as set out in
the Fees and Charges By-law, except Water Rates;
"Work" means all activities related to Water Meter inspection, reading, testing,
repair, maintenance, alteration, disconnection, removal, replacement, relocation,
sealing, and all miscellan~ous work.
2.0 - Application of By-law
2.1
This By-law shall apply to:
(a) Every Person using or drawing Water from the Waterworks System;
(b) The Owner or Occupier of every Property upon which Water is used,
unless the Water being used is not supplied by the Waterworks System;
and
(c) All Properties with a connection to the Waterworks System whether
metered or not, wh~ther the connection is permanent or temporary.
3.0 - Water Use and Receipt of Water
3.1
No Person shall sell or dispose, or permit the sale or disposal of Water
without the prior written permission of the Town·.
3.2
No Person shall obtain Water, without making an application to the Town
and paying the appropriate charges, fees or rates for it, unless they have
the prior written approval of the Town.
4.0 - Water Meter
4.1
No Person, except authorized Town personnel acting in the course of their
duties, or authorized agents or contractors expressly acting within the
scope of their contract, shall use or permit the use of Water that has not
passed through a Water Meter.
4.2
All Owners shall have a Water Meter installed and in use at the Owner's
Property where such Property is supplied with Water by the Town
4.3
Notwithstanding subsections 4.1 and 4.2 of this by-law the following shall
not apply:
(a) Water is used by the Town for firefighting;
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(b) Water is used by Consumers at a Property serviced by the Town on a
flat rate water charge as of the date of the coming into force of this By-law;
(c) Water is used for construction approved by the Town; or
(d) The use of un-metered Water is otherwise permitted by this By-law.
4.4
All Water Service Connections to the Municipal Drinking Water System
are required to be metered. Any Owner in a residential unit who does not
have a Water Meter installed shall pay the Town a flat-rate water charge
as set out in the Fees and Charges By-law.
4.5
Any existing Property serviced by the Municipal Drinking Water System,
on a flat-rate water charge, is required to have a new Water Meter
installed within one (1) year from the day the flat rate charges started or
the enactment of this By-law, whichever is earlier.
4.6
If two or more Water Service Connections supply Water to a Property,
each Water Service Connection shall be separately metered.
5.0 - Installation of Residential Water Meter
5.1
All Water Meter installed must be inspected and sealed by the Town prior
to turning on the supply of Water.
5.2
It is the responsibility of the Owner/Occupier to arrange with their own
plumber/contractor the installation of the water meter.
. 5.3
The Town reserves the right to shut off the supply of water if the Property
does not have a Water Meter once an Occupancy Certificate has been
issued.
5.4
Notwithstanding the issuance of an Occupancy Certificate, no Person
shall occupy or permit occupancy of any Buildings or part thereof for which
the Occupancy Certificate was issued prior to the installation of the Water
Meter. In the event that a Building or part thereof is occupied contrary to
the above, the Owner shall pay the Town a flat-rate water charge as set
out in the Fees and Charges By-law from the time of issuance of
Occupancy Certificate to the time of new Water Meter installation. In the
case of Infill Home, the Town will issue the Water Meter, as the Town
considers appropriate, in which event the Owner shall pay to the Town the
cost of the new Water Meter outlined in the Fees and Charges By-law.
5.5
In the case of Infill Home:
(a) The Town shall send a Notice to the Owner/Occupier advising the
Owner/Occupier to submit a Water Meter Application and schedule the
inspection and sealing of a new Water Meter with the Town within thirty
(30) days upon receipt of such Notice;
(b) The Notice may be served:
(i) personally upon the Owner or Occupier.
(ii) mailed by regular mail to the last known address of the owner
according to the current assessment rolls.
iii) the owner shall pay to the town the full cost of the installation a
new Water Meter plus overhead and applicable tax;
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5.6
In the case of a Property subject to meter replacement or installation in
accordance with the Town's meter maintenance program or AMI program,
the Town may install such Water Meter, conduit and wire for Remote
Readout Unit and AMI equipment at no expense to the Owner.
6.1
The Owner or his authorized agents shall install a Water Meter in
accordance with this By-law on his Property in a secure and accessible
location within five (5) Business Days prior to occupancy.
6.2
The Owner or his authorized agents shall install the Plumbing and
appurtenances related to the Water Meter, including conduit for wiring as
per the Town Standards and Specifications at the sole expense of the
Owner.
6.3
Notwithstanding any other provisions of this By-law, the wire and the
Remote Readout Unit or AMI equipment shall be installed by the Town
prior to the Owner's occupancy of a new or Renovated Building or part
thereof.
6.4
Except as otherwise provided for in this By-law, the Water supply to a
Property will not be turned on until the Town has inspected and sealed the
Water Meter installed at the Property as set out in this By-law.
6.5
In the event that Water supply to a Property has been turned on prior to
the Town inspection and sealing of the Water Meter at the Property, the
Town reserves the right to shut off the supply of Water to the Property.
6.6
To allow for proper flow of Water or maintenance of equipment or both,
the Town may require an Owner to install the proper valving arrangement
in respect of the supply of Water to the Property in accordance with the
Town Standards and Specifications at the sole expense of the Owner.
6.7
In the case of a Property subject to meter replacement or installation in
accordance with the Town's meter maintenance program or AMI program,
the Town may install such Water Meter, conduit and wire for Remote
Readout Unit and AMI equipment at no expense to the Owner.
7.0 - Supply of Water Meter
7.1
All Water Meters, including Remote Readout Unit and AMI equipment, that
register Water supplied and' billed by the Town or authorized agents, are
owned by the Town. For the Town's billing purpose, Water Meter for new
development shall be supplied by the Town at the Owner's cost, as per
the Town Standards and Specifications.
8.0 -Application for Water Meter
8.1
This section only applies to Infill Home and ICI Water Meter application.
An Owner/Applicant shall submit a Water Meter application on the
prescribed form to the Town for a new or Renovated Building, or for
changing Water Meter size in an existing Building.
8.2
For ICI Water Meter application only, the Owner/Applicant shall provide
the Town with calculated peak flow rate, to be supplied and certified by a
professional engineer, to pass through the Water Service Connection,
type of business, and number of occupants or employees.
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8.3
The Owner/Applicant shall be responsible for the completeness and
accuracy of all information furnished with the application, and shall sign
the application.
8.4
The application fee shall be at the sole expense of the Owner and paid at
the time of submission of application.
8.5
All applicable Water Meter fees and charges in the amounts as set out in
the Fees and Charges By-law must be received prior to the application
being processed.
9.0 - Size of Water Meter
9.1
For ICI, the water service and meter size shall be determined by the
Consulting Engineer based upon the flow rate and water demand,
9.2
In the case where the Owner/Applicant of an existing ICI facility wishes to
downsize their existing meter, a Consulting Engineer must confirm in
writing that the reduced size meets the minimum flow requirements.
9.3
Unless approved by the Town, the size of residential Water Meter shall not
be in excess of twenty-five (2?) mm (one (1) inch) in diameter.
10.0 - Water Meter Loss or Damage
10.1 Every Owner shall be responsible for Water Meter lost or damaged by the
carelessness or neglect of any Person other than the Town, including
damage from freezing.
10.2 The Owner shall pay the Town the cost of making the necessary repair or
replacement to such Water Meter.
11.0 - Notification by Owner
11.1 The Owner shall immediately notify the Town that the Property is ready for
the installation of a Water Meter and inspection where a Water Meter is
required to be installed.
12.0 - Provision for Installation of a Water Meter
12.1 The Owner shall ensure that provision is made in the piping system of all
existing, new and Renovated Buildings or structures for the installation of
a Water Meter of the same diameter as the Private Water Service Pipe in
accordance with the Town's Standards and Specifications.
13.0 - Water Meter By-pass Piping
13.1 The Owner shall install by-pass piping for Water Meter sizes greater than
twenty-five (25) mm (one (1) inch) in diameter, and maintain same in good
working order as per the Town's Standards and Specifications at the sole
cost of the Owner.
13.2 The Town shall seal the by-pass valve, in the closed position upon
notification of its installation by the Owner.
13.3 Where the by-pass pipe or valves of a Property are not in accordance with
the Town Standards and Specifications, the Town may order the Owner:
(a) To install a new or replace the Water Meter by-pass pipe or valves at
the sole expense of the Owner; or
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(b) To remove any defective pipe or valves and install a new pipe or
valves.
13.4 An Owner shall comply with an order made under this By-law regarding
by-pass piping within thirty (30) days from receipt of the order from the
Town.
13.5
If an Owner fails to:
(a) Supply, install or maintain the by-pass pipe and valves in proper
working order in accordance with subsection 13.1; or
(b) Comply with an order of the Town made pursuant to this By-law within
the time required,
13.6 The Town may supply, install, repair, replace or otherwise maintain the by
-pass pipe and valves, as the Town considers appropriate, in which event
the Owner shall pay to the Town the full cost of the work and the
inspection fee for each attendance at the Property, including the cost
incurred by the Town to perform the inspection plus overhead and
applicable tax.
14 - Water Meter Chamber
14.1
If the Town is of the opinion that a Water Meter cannot be conveniently
located inside a Building or structure in accordance with the Town
Standards and Specifications or where the Town does not have access to
the Water Meter, the Town may require the Water Meter to be installed in
a Water Meter Chamber constructed by the Owner or his authorized
agents in accordance with the Town Standards and Specifications, at the
sole expense of the Owner.
14.2
Pursuant to subsection 14.1, the Water Meter Chamber shall be placed in
a location approved by the Town, prior to construction.
14.3
No Person shall obstruct or permit the obstruction of a Water Meter
Chamber and associated valves.
14.4
No Person shall place shrubs, trees, or other landscaping within one and
one half (1.5) metres (4.9 feet) of the outer perimeter of a Water Meter
Chamber.
14.5 The Owner shall keep all landscaping on his Property, cut back and clear
of a Water Meter Chamber and the access to the Water Meter Chamber.
14.6 To facilitate the reading of a Water Meter, the Town may require the
Owner to:
(a) Prepare the Water Meter Chamber cover for the installation of a
chamber cover type Remote Readout Unit in accordance with the Town
Standards and Specifications at the sole expense of the Owner.
14.7
If the Town determines a chamber cover type Remote Readout Unit
device is not appropriate for a location, the Town may:
(a) Determine the appropriate type and location of the Remote Readout
Unit and the Owner shall install such unit at the sole expense of the
Owner according to the Town Standards and Specifications.
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(b) Require the Owner to install a mounting post and plate to
accomm_odate the Remote Readout Unit at the sole expense of the
Owner.
15.0 - Water Meter Inspection and Sealing
15.1
Every Water Meter on a Property shall be inspected and sealed by the
Town at or about the time of installation or relocation.
16.0 - Water Meter Access
16.1 The Owner or Occupier shall, within the time set out in the Town notice,
permit the Town to have free, clear and unobstructed access to the Water
Meter. The Water Meter is to be installed in or on that Property where it is
convenient for the Town to inspect, test, read, repair, maintain, alter,
disconnect, remove, replace or seal a Water Meter which has been
installed. The location of a Water Meter shall be accessible without the
use of a portable ladder or the necessity of climbing over or removal of an
obstacle.
16.2 When requested by the Town, an Owner or Occupier, as the case may be,
shall remove any insulation or other material from, on or around a Water
Meter in order to provide the Town with full, unobstructed access to the
Water Meter. Any replacement of such material shall be done by the
Owner at his sole expense in accordance with the Town Standards and
Specifications and all Applicable Law.
16.3
If the Owner does not carry out the work as required by the Town within
thirty (30) days from receipt of the order from the Town, then the Town
reserves the right to remove any insulation or other material blocking the
Water Meter and all necessary work. The Town shall not be liable for any
loss or damage to the Owner's Property or loss or damage otherwise
suffered by the Owner arising from such work.
16.4 The 'Owner shall pay all costs incurred by the Town as a result of the
Owner failing to remove the insulation or other material blocking the Water
Meter. The Owner shall also pay the inspection fee, if any, for each
attendance at the Property by the Town, including the cost incurred by the
Town to perform ·the inspection plus overhead and applicable tax. ,
16.5 As part of an inspection, the Town shall at all times be permitted to take
photographs, including digital images, of any Plumbing, Water Meter,
Private Meter, by-pass pipe and valves, inlet and outlet valves, Backflow
Preventer, Private Water System, Private Water Service Pipe, Private Fire
Service Main or Water Meter Chamber.
16.6 Water Meter_ shall be placed in such location as per the Town Standards
and Specifications.
16.7 The Owner or the Occupier shall, within the time set out in the Town
notice, permit the Town to inspect the Private Water Service Pipe, Private
Water System, Private Fire Service Main, or the inlet, outlet, flushing,
drainage and by-pass valves on piping adjacent to or around the Water
Meter.
16.8 The Owner or the Occupier with a Water Meter not equipped with Remote
Readout Unit, within the time set out in the Town notice, shall permit the
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Town to have free, clear and unobstructed access to the Water Meter for
visual Water Meter reading a minimum of two (2) times per calendar year.
17.0 - Water Meter Interference Prohibited
17.1
No Person, except authorized by the Town, shall reverse, tamper, un-seal,
or alter a Water Meter in any way which may interfere with the proper
registration of the quantity of Water that passes through a Water Meter or
ought to pass through a Water Meter.
17.2
No Person, except authorized by the Town, shall permit, perform or cause
to permit or to have performed tampering, un-sealing, reversal, and
alteration of a Water Meter in any way which may interfere with the proper
registration of the quantity of Water that passes through a Water Meter or
ought to pass through a Water Meter.
17.3
No Person shall connect any pipes or other appurtenances to direct flow
from a Private Water Service Pipe upstream of a Water Meter or the by
pass pipe and valves.
17.4
If the Town determines that a seal on a by-pass and/or a Water Meter has
been tampered with or is broken, then the Town will reset the by-pass
valves in the closed position and re-seal the Water Meter.
18.0 - Maintenance of Water Meter Appurtenances and Piping
18.1 The Owner shall ensure that all valves are fitted with proper handles and
that all valves to, from and around the Water Meter are installed and
properly maintained in accordance with the Town Standards and
Specifications.
18.2 The Owner shall maintain all Plumbing including all piping, fittings and
valves to and from and around a Water Meter in good working order and
shall replace and repair them as necessary in accordance with the Town
Standards and Specifications. The Owner is not responsible for
I
maintaining the Water Meter and/or the associated strainer.
18.3
If the Town determines that the condition of a Private Water Service Pipe,
Private Fire Service Main, or Private Water System or valves on piping
adjacent to the Water Meter is such that the Water Meter cannot be
properly or conveniently tested, calibrated or repaired in place or removed
for the purpose of testing, replacing or repairing, the Owner shall, at his
sole expense, repair or, if necessary, replace the Private Water Service
Pipe, Private Fire Service Main, or Private Water System or valves, as the
case may be, to enable the Town to test, calibrate, repair or remove the
Water Meter.
18.4 Where the Town makes the determination in accordance with subsection
18.3, the Town may issue an order to the Owner to repair or replace the
Private Water Service Pipe or Private Water System or valves, as the
case may be, within thirty (30) days from the receipt of such order, at the
sole expense of the Owner. The Owner shall obtain a building permit from
the Town prior to the repair or replacement of the Private Water Service
Pipe or Private Water System.
18.5
If the Owner or his authorized agents does not carry out the work as
required in an order under subsection 18.4 the Town reserves the right to
carry out the work and shut off the Water supply to the Property during the
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removal, replacement, repair, testing and calibration of the Water Meter.
The Town is not liable for any loss or damage to the Owner's Property or
loss or damage otherwise suffered by the Owner arising from such work or
the shut off of the Water supply.
18.6 The Owner shall pay all costs incurred by the Town for carrying out the
work as required under subsection 18.5, as a result of the Owner failing to
make the necessary repair or replacement. The Owner shall also pay the
inspection fee for each attendance at the Property made by the Town,
including the cost incurred by the Town to perform the inspection plus
overhead and applicable tax.
19.0 - Maintenance of Chambers
19.1 This section applies to all chambers including Water Meter Chambers and
chambers for Sprinkler Meters if installed.
19.2 The Owner shall be responsible for maintaining, repairing and replacing
any chamber, and for keeping it in a safe condition.
19.3 The Owner shall remove and dispose of all solid and liquid debris, waste
and other materials which are non-essential to the proper functioning of
the Water Meter or Sprinkler Meter and which may be hazardous, toxic,
combustible or explosive. in nature, both inside and above a chamber. The
removal and disposal of such material is subject to all Applicable Law.
19.4 At the request by a Town notice and within the time set out in the Town
notice, the Owner shall provide the Town, with access to any chamber, to
permit the Town to inspect, maintain, repair, replace or read the Water
Meter or Sprinkler Meter.
19.5
Pursuant to subsection 19.4 the Owner shall ensure that all solid and
liquid material is removed from the chamber to allow access. If the Owner
is unable to remove material from the chamber, within the time set out in
the notice, the Owner shall notify the Town no less than forty-eight (48)
hours before the scheduled inspection or other purpose for which the
access is required. In addition, the Owner shall at the same time, advise
the Town of a date and time, no more than five (5) Business Days later,
when access will be provided.
19.6
If the Owner fails to provide the Town with access to a chamber in
accordance with subsection 19.4, or the required notice in subsection
19.5, the Owner shall pay the inspection fee for each subsequent
attendance at the Property made by the Town, including the cost incurred
by the Town to perform the inspection plus overhead and applicable tax.
20.0 -Water Meter Accuracy
20.1
Under this By-law, the testing, flow rates and procedures used to
determine Water Meter (all types and sizes) accuracy will be in
accordance with the current AWWA Standards.
20.2
The Owner, upon written application to the Town, on the prescribed form,
may have the Water Meter at his Property tested by the Town to
determine if the Water Meter is over-registering. The Owner shall pay to
the Town the fee as set out in the Fees and Charges By-law for such
testing.
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20.3
If a Water Meter is found to be over-registering in excess of one and one
half percent (1.5%) in favour of the Town, the Town shall credit the
Owner's Account with an amount based on the percent average of the 3
tests performed (high, medium and low) over and above the 100%
accuracy. Such credit adjustment shall cover the period in which the billing
first increased and for a period of no more than twenty-four (24) months.
20.4
In the event the accuracy test indicates over-registering by the Water
Meter in an amount less than or equal to one and one half percent (1.5%)
then no credit shall be applied to the Owner's Account. In addition, the
Owner shall pay to the Town all expenses incurred by the Town in
removing, replacing, flow monitoring or testing the Water Meter, as set out
in the Fee By-law.
20.5
Positive displacement or electromagnetic type Water Meters up to and
including fifty (50) mm (two (2) inches) in diameter shall be removed by
the Town and tested at an off-site location specified by the Town.
Compound, turbine, electromagnetic and fire service Water Meters equal
and greater than fifty (50) mm (two (2) inches) in diameter shall, at the
Town's sole discretion, be tested either on site or at an off-site location
specified by the Town.
20.6
If a Water Meter fails to register, the Town will Back Charge the Owner a
water consumption fee based on previous year consumption as
determined by the Town for a period during which the Water Meter failed
to register but no more than twenty-four (24) months.
21.0 - Relocation of the Water Meter
21.1
No Person shall. relocate a Water Meter on a Property without the written
consent of the Town, once the Water Meter is installed to the satisfaction
of the Town.
21.2
No Person shall disconnect a Water Meter for maintenance or repair
without the written consent of the Town.
21.3
The Owner/Applicant may make an application, on the prescribed form to
the Town, to relocate a Water Meter on a Property. The Owner/Applicant
shall pay all costs associated with any relocation of the Water Meter as set
out in the Fees and Charges By-law, if approved by the Town.
21.4
The Town shall not approve the application for Water Meter relocation if:
(a) The application is incomplete;
(b) The prescribed fee is not paid; or
(c) The proposed relocation is not in accordance with the Town Standards_
and Specifications with respect to the location of the Water Meter or
otherwise.
21.5 The Town may require the relocation of an installed Water Meter at the
sole cost of the Owner if its location is not in compliance with the Town
Standards and Specifications.
21.6
All Water Meter relocation work and material shall conform to the Town
Standards and Specifications and comply with the requirements of the
Ontario Building Code.
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21.7
If the Owner or his authorized agents does not carry out the work as
required by the Town under subsection 21.5, then the Town reserves the
right to carry out the Water Meter relocation and all necessary work. The
Town shall not be liable for any loss or damage to the Owner's Property or
loss or damage otherwise suffered by the Owner arising from such work.
21.8
The Owner shall pay all costs incurred by the Town as a result of the
Owner failing to relocate the Water Meter under subsection 21.5. The
Owner shall also pay the inspection fee for each attendance at the
Property made by the Town, including the cost incurred by the Town to
perform the inspection plus overhead and applicable tax.
22.0 - Water Meter Leaks
22.1
The Owner or Occupier shall immediately notify the Town if any leaks
develop at the Water Meter or its couplings.
22.2
The Town will repair the leaks at the Water Meter or its couplings with no
charge to the Owner. The Town shall not be liable for any damage or loss
to the Owner's Property as a result of any such leaks at the Water Meter
or its couplings.
23 - Water Meter Replacement
23.1
A Water Meter will be scheduled for replacement when approaching the
-end of its lifecycle under the Town's annual Water Meter replacement
program.
23.2
The Town shall send a Notice to the Owner/Occupier advising the
Owner/Occupier to schedule and replace the water meter with the Town or
a Town authorized third party agent within thirty (30) days pursuant to the
Water Meter Replacement Program.
23.3
Where an Owner/Occupier fails to comply with the Town's Notices, the
Town shall serve on the Owner/Occupier an Order to schedule and
replace the water meter with the Town or a Town authorized third party
agent.
23.4
The Notice or Order may be served:
(a) Personally upon the Owner or Occupier.
(b) Mailed by regular mail to the last known address of the owner
according to the current assessment rolls.
23.5
It is an offence when,
(a) Owner/Occupier, fails to comply with an Order to schedule and replace
the water meter with the Town or a Town authorized third party agent.
(b) An Owner/Occupier, fails to comply with an Order to allow the Town
access to replace the water meter scheduled for replacement under the
Town's Water Meter Replacement Program.
24.0 - Sprinkler Meter
24.1
The Owner or Occupier with a Sprinkler Meter shall pay the Town the Turn
Water ON/OFF fee as set out in the Fees and Charges By-law, for each
attendance at the Property as requested by the Owner or Occupier.
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25.0 - Building Demolition
25.1
No Person shall demolish a Building until the final Water Meter reading is
obtained and the Water Meter and Remote Readout Unit are recovered by
the Town.
25.2
The Owner who has received a permit to demolish a Property shall notify
the Town in writing minimum five (5) Business Days in advance of the
date on which the Water supply to the Property is no longer required. The
Owner shall also make an appointment with the Town to.take a final Water
Meter reading, remove the Water Meter and the Remote Readout Unit
from the Property and turn off the Water supply at the Water Shut Off
Valve.
25.3
The Owner shall pay the Town the Water Meter removal cost as set out in
the Fees and Charges By-law.
25.4
The Owner or his authorized agents shall be present at the Property when
the final Water Meter reading is taken, the Water Meter is removed and
the Water supply is turned off.
25.5
In the event an Owner or his authorized agents fails to attend at the
Property and provide access to the Town at the appointment time set
under this By-law, the Owner shall pay the Town the missed appointment
fee as set out in the Fees and Charges By-law.
25.6
In the event an Owner fails to provide access to a Property prior to the
demolition of a Building or structure on the Property, in accordance with
this By-law, the Owner shall pay to the Town an amount equal to the cost
of a new Water Meter and Remote Readout Unit of the same type and
size in accordance with the fees and charges set out in the Fees and
Charges By-law. The Owner shall also pay the amount of Water
consumption, from the last Water Meter reading date to the date of
disconnection of the Private Water Service Pipe or Water Service
Connection from the Municipal Drinking Water System, as estimated by
the Town.
25.7
If the Town determines that it is not necessary to recover a Water Meter
from a Property to be demolished, then the Town will notify the Owner in
writing after receipt of the notice from the Owner to demolish a Building or
structure. Upon receipt of the notice from the Town and after the
disconnection of the Private Water Service Pipe or Water Service
Connection from the Municipal Drinking Water System, the Owner or his
authorized agents may proceed with the demolition of the Building. In such
case, the Owner shall be responsible for the removal and disposal of the
Water Meter.
26.0 - Take Water from Fire Hydrant
26.1
No Person, except authorized by the Town, shall operate or take Water
from any Town hydrant unless such Person is the holder of a hydrant
permit issued under this By-law.
27.0 - Fire Hydrant Permits
27.1
A Person may make an application on a form provided by the Town for a
temporary supply of Water from a fire hydrant. The Applicant shall pay in
advance the charges, as set out in the Fees and Charges By-law for the
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use of the fire hydrant and the rental fee for a hydrant meter and a
Backflow Preventer.
27.2 Once an application has been approved for a temporary supply of Water
from a fire hydrant, the Town will provide and install a Backflow Preventer,
a valve ·and a temporary Water Meter on the fire hydrant. The supplied
Backflow Preventer, valve and temporary Water Meter shall not be
removed or tampered with. Water will only be supplied through the Water
Meter. Connection to the fire hydrant and taking of Water from the hydrant
except through the temporary Water Meter is not permitted.
27.3
The Applicant shall provide a security deposit as set out in the Fees and
Charges By-law to ensure the safe return and proper working condition of
any Backflow Preventer, temporary Water Meter or valve supplied by the
Town and payment for Water consumption registered on the Water Meter.
27.4
The Town may, by issuing a hydrant permit, authorize the use of a
specified Town hydrant for a specified time and under specified
conditions, including the supervision of such use by the Town. A hydrant
permit may, at the discretion of the Town, be suspended for any length of
time.
28.0 - By-Law Wording
28.1
Unless the context requires otherwise, a word importing the singular
number is used in this By-law, such word shall include the plural and vice
versa, and word importing gender shall include all genders. The
grammatical changes required to make the provisions of this By-law apply
to individuals (male or female), sole proprietorships, partnerships,
unincorporated associations, unincorporated organizations, corporations,
trustees, heirs, executors, administrators and other legal representatives
where the context so requires shall be assumed as though in each case
fully expressed.
29.0 - Administration and Enforcement
29.1
The Town shall be responsible for reading Water Meters and for the
accounting, billing and collection of Waterworks User Fees and Water
Rates charged in accordance with the Fees and Charges By-law.
29.2
The Water Rates, Waterworks User Fees and Back Charges shall be
charged in accordance with the Fees and Charges By-law.
29.3
Consumers shall pay Water Rates on the basis of their consumption of
Water billed in accordance with the Water Rates as set out in the Fees
and Charges By-law.
30.0 - Powers of Entry
30.1 The Town may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with:
(a) The provisions of this By-law;
(b) An order issued under this By-law; or
(c) An order made under section 431 of the Municipal Act.
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30.2
Pursuant to Section 435 of the Municipal Act, the Town's power of entry
may be exercised by an employee, officer or agent of the Town, or by a
member of the York Regional Police Service, as well as by any person
under his direction.
30.3
When entering a property under this By-law, the person exercising the
power of entry:
(a) Shall provide identification to any person requesting identification
during the course of the entry;
(b) May be accompanied by a person or persons under his direction; and
(c) Shall not enter or remain in any room or place actually used as a
dwelling unless at least one of the conditions set out in section 437 of the
Municipal Act is met.
30.4
The Town may, in accordance with the requirements of this By-law, enter
upon a Property to which Water is supplied by the Town to undertake,
among other things:
(a) To read, inspect, install, repair, replace, maintain or alter or remove a
Water Meter;
(b) To shut off or reduce the supply of Water.
30.5
Service of an order shall be posted at the site of the address of the Owner
shown on the most current tax assessment roll or delivered through
regular mail to the address of the Owner shown on the most current "Tax
Assessment Roll". Where service is made by regular mail, it shall be
deemed to have been received by the Owner on the fifth Business Day
after the date of mailing.
30.6
Wherever this By-law directs or requires any work or thing to be done, in
default of it being done by the Person directed to do it, such work may be
done by the Town at the expense of the Person. Under this By-law
pursuant to subsection 398 (2) of the Municipal Act, the Town may recover
all expenses incurred in doing the work by action or by adding the costs to
the tax roll and collecting them in the same manner as taxes, and any
unpaid outstanding fines will also be added to the tax roll and be collected
in the same manner as taxes.
30.7
No Person shall hinder or obstruct, or attempt to hinder or obstruct an
employee, officer, agent or contractor of the Town or other Person so
authorized by the Town who is performing a duty or exercising a power
under this By-law pursuant to section 426 of the Municipal Act.
30.8
When the Town has provided advance notice to exercise a power of entry
in accordance with the requirements of this By-law and the Owner or
Occupier, within the time set out in the Town notice, has not provided
access, the Owner will be charged a "missed appointment or service
refusal" fee as set out in the Fees and Charges By-law to compensate the
Town for costs incurred in attempting access and for each subsequent
attempt.
31.0 - Penalty Provisions
31.1
Every Person who contravenes a provision of this By-law, including an
order issued under this by-law is guilty of an offence.
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31.2
Any person who is in contravention of any provision of this By-law, or who
fails to comply with an order issued under this By-law.shall be deemed to
be committing a continuing offence for each day or part of a day that the
contravention remains uncorrected
31.3
If any order has been issued under this By-law, and the order has not
been complied with, the contravention of the order shall be deemed to be
a continuing offence for each day or part of a day that the order is not
complied with.
31.4 Any person who is guilty of an offence under this By-law, and upon
conviction shall be subject to the following penalties as established
pursuant to the Municipal Act:
(a) Upon first conviction, the minimum fine shall be Three Hundred Dollars
($300.00) and the maximum fine shall be Fifty Thousand Dollars
($50,000.00)
(b) Upon a second or subsequent conviction for the same offence a fine
shall be a minimum of Four Hundred Dollars ($400.00) and the maximum
fine shall be One Hundred Thousand Dollars ($100,000.00)
(c) Upon conviction for a continuing offence, the minimum fine shall be
One Hundred Dollars ($100.00) and the maximum fine shall be Ten
Thousand Dollars ($10,000.00) for each day or part of the day that the
offence continues. The total of the daily fines may exceed One Hundred
Thousand Dollars ($100,000.00)."
31.5
For the purposes of this By-law, "multiple offences" means an offence in
respect of two (2) or more acts or omissions each of which separately
constitutes an offence and is a contravention of a provision of this By-law.
31.6
For purposes of this By-law, an offence is a second or subsequent offence
if the act giving rise to the offence occurred after a conviction had been
entered at an earlier date for the same offence.
31.7 Where a person is convicted of an offence under this by-law, the court in
which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or
repetition of the offence by the person convicted.
32.0 - Proceeds of Fines
32.1
Pursuant to subsection 433 (1) of the Munidpal Act, where a Person has
been convicted of any offence under this By-law, every fine imposed for a
contravention of this By-law belongs to the Town.
33.0 - Special Fines
33.1
In addition to any other fine, every Person who gains an economic
advantage or economic ·gain from contravening this By-law, shall be liable
to a special fine in an amount equal to the fair market value of the
economic advantage or economic gain so obtained from such
contravention. A special fine may exceed One Hundred Thousand Dollars
($100,000.00).
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34.0 - Unpaid Fines
34.1
Pursuant to Subsection 441.1 of the Municipal Act, 2001, S.O. 2001, c. 25,
the treasurer of a municipality may add any part of a fine for a commission
of a provincial offence that is in default under section 69 of the Provincial
Offences Act to the tax roll for any property in the local municipality of
which all of the owners are responsible for paying the fine and collect it in
the same manner as taxes.
35.0 - General By-Law Enforcement Powers/Order to Discontinue Activity
35.1
Pursuant to section 444 of the Municipal Act, the Town may make an
order requiring any Person, who contravened this By-law or who caused
or permitted the contravention or the Owner or Occupier of the land on
which the contravention occurred to discontinue the contravening activity.
36.0 - Work Order
36.1
Pursuant to section 445 of the Municipal Act, the Town may make an
order requiring any Person, who contravened this By-law or who caused
or permitted the contravention or the Owner or Occupier of the land on
which the contravention occurred to do work to correct the contravention.
37.0 - Obstruction
37.1
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this By-law.
38.0 - Notice
38.1
Where an order is issued by the Town, the Person is in receipt of the order
on the date it is posted in a conspicuous place at the subject Property.
The Person is deemed to be in receipt of the order, if the order is delivered
personally or posted by mail five (5) Business Days at the last known
. address provided to the Town. If no address for the Person has been
provided, then the Town will send the notice by mail to the Property
address identified on the tax rolls.
39.0-
Fees
39.1 Any fees and administrative costs associated with this By-law are non
refundable and are either indicated in the Town's Fees and Charges By
law, as amended, or in this By-law.
40.0 - General Provisions
40.1
Where a timeframe is set out in this By-law for carrying out any action, the
Town may extend the time for compliance beyond the established
timeframe provided such extension is acceptable to the Town.
40.2
The AWWA Standards referred to herein shall form part of this By-law.
41.0 - Severability
41.1
Notwithstanding that any section, or any part or parts thereof, of this By
law may be found by any court of law to be invalid, unenforceable or
beyond the power of the Council to enact, it is the intention of Council that
such section, or part or parts thereof shall b_e deemed to be severable,
and all other sections of this By-law, or parts thereof, are separate and
i·ndependent there from and enacted as such.
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42.0 - Repeal
42.1 All By-laws of the Town previously providing for installation, inspection,
repair, maintenance, and access to Water Meters and related
appurtenances are hereby repealed.
43.0 - Interpretation
43.1 The provisions of Part VI of the Legislation Act, 2006, S.O.2006 c.21,
Schedule F, shall apply to this By-!aw.
44.0 - Short Title
44.1 This By-law shall be known as the "Water Meter By-law".
45.0 - Effective Date
45.1 This By-law comes into force on the day it is passed.
Enacted this 2nd day of October, 2017.
~ en: Mayor
Lisa Lyoir7Town Clerk
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