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The Corporation of the City of Pembroke
By-law Number 2007-23
A By-law to provide for the Administration, Maintenance, Operations and
Regulation of Waterworks
Whereas pursuant to the Public Utilities Act, R.S.O. 1990, c. P.52 and the
amendments thereto, a Corporation of a local municipality may enact a by-law to
provide for the administration, maintenance, operation and regulation of
Waterworks.
Now Therefore the Municipal Council of the Corporation of the City of Pembroke
"the City" enacts as follows:
1.
General
1.1
Definition
a. The term "curb stop" means a water service shut off valve located in a water
service pipe between the water main and the building. This valve is operated
by a valve key and is used to start stop flows in the water service line to a
building.
b. The term "fee" is a fee as outlined in the Schedule of Fees and Service
Charges, as provided by the Treasury Department of the City of Pembroke.
c. The term "occupant" means the person in occupation or having charge,
management or control of any premises, whether on his own account or as
the agent of any person.
1.2
Application
This by-law shall regulate:
a. the design, installation, repair, maintenance, extension and replacement of
all systems of connected piping, fittings, valves, meters and appurtenances
that receive water from a public watermain and convey the water into and
within a building or to a place of use on the property; and
b. the use of water supplied by the City water distribution system.
1.3
Authority
1.3.1 The Operations Committee of the Pembroke City Council shall have general
direction of the Waterworks.
1.3.2 The Treasury Department shall have responsibility for the collection of
revenue derived from the works, the payment of all disbursements connected
therewith, and the supervision of all ledgers of accounts or otherwise.
1.3.3 The Manager of Operations and his agents or his designate shall possess
the authority to exercise the powers conferred by the Public Utilities Act and
he or his authorized agents shall have the authority to enter upon the
premises of all water takers at any reasonable hour to examine or to locate
the service pipes, piping, fittings, valves, fixtures, meters and appurtenances.
Unless the urgency of the situation demands otherwise, reasonable hours
shall be between 8:00 a.m. and 4:00 p.m. In the case where immediate
action is required to protect or to minimize the wastage of water, the
Manager of Operations or his agents may take whatever action is deemed
necessary.
1.3.4 The Operations Department shall receive all applications for the turning off or
the turning on of water and all applications shall be made in writing on a form
prescribed by the City.
2.
Conveyance of Water
2.1
Water within the City's main lines will be under the sole control of the City.
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2.2
Water which leaves the City's main lines will be the homeowner's
responsibility.
3.
Schedule of Rates and Payment of Charges
3.1
Charges for water supplied by the City shall be in accordance with the City of
Pembroke By-law 83-93 and its amendments, which include:
a.
water supplied on a flat-rate basis;
b.
water supplied on a metered-rate basis;
c.
meter rental rates; and,
d.
any penalty, monetary or otherwise, according to the terms and
conditions of the City of Pembroke By-law 83-93 and its amendments.
3.2
In any case, where the water shall have been turned off from any premises
by reason of the non-payment of the charges for water supplied, including
the meter rental charges the water shall not again be turned on to such
premises until, in addition to the charges due, the person or persons in
default shall have paid a further charge, as stated in the City of Pembroke
By-law 83-93 and its amendments, to cover the costs of turning off and
turning on the water.
3.3
The charge for water supplied on a flat-rate basis as per the City of
Pembroke By-law 83-93 and its amendments, shall become due and payable
to the City when the installation of the water service pipe has been
completed from the public watermain to the property line.
3.4
The charge referred to in Section 3.8 of this By-law shall be made in advance
for the period from the date of completion of the installation to the next due
date and the water shall not be turned on to the premises until payment is
received in full.
3.5
Any person or persons vacating any premises for a period in excess of (3)
three months that have been supplied with water from the Waterworks and
who are desirous of discontinuing use thereof will be held responsible for the
payment of applicable charges up to the time when the City receives proper
notice of the request, in writing, in which case an additional charge or the
turning off of the water, as stated in the City of Pembroke By-law 83-93 and
its amendments, shall be paid to the City at the time when the request is
received.
3.6
Notwithstanding Section 3.10 of this By-law, should the owner of a property
decide he wishes to permanently abandon a water service pipe, he shall, in
addition to the charges referred to in Section 3.9, be responsible for all costs
incurred by the City to shut off the water service pipe at the main stop when
the same is deemed necessary by the Manager of Operations or his
designate.
3.7
All water rates shall be payable by owners of all lands and all houses, stores,
offices, buildings, parts of buildings or premises, held, let or occupied as
separate tenements in the said City and supplied with water from the
Waterworks.
3.8
In all cases where the meter indicates that the total minimum meter bill would
be less than the unit water rates, the City shall charge and collect the same
rates as if no meter had been introduced.
3.9
Water takers supplied with water from the City shall not be entitled to notice
of turning off or turning on the water, and the City shall not be liable for any
damages sustained by any person unlawfully turning off or turning on of the
water. Where the supply of water has been cut off pursuant to this By-law,
no person shall have any claim against the City or its agents or officers, by
reason of turning on or cutting off or refusal to turn on the water.
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3.10 Except where herein otherwise provided, water supplied directly to residents
outside the City limits shall be charged as per the City of Pembroke By-law
83-93 and its amendments. The applicants for such water supply to pay the
cost of the service pipes and of the introduction of water. No water shall be
supplied to residents outside the City limits unless written permission is first
obtained from City Council and standards are met regarding installation (ie.
backflow preventers).
3.11 Notwithstanding any of the provisions set out in this By-law, the Council may
on the recommendation of the Manager of Operations or his designate,
require any person or persons supplied with water by the said City to install a
meter. When such meter is so installed, the rates and charges referred to in
the City of Pembroke By-law 83-93 and its amendments, shall apply. Such
meter to be paid for by the property owner, and be the property of the City.
The cost of installing the meter, per the City standards and requirements is to
be paid for by the person(s) or City using the water.
4.
Tampering with or Theft of City Property
4.1
No person shall tamper or interfere with the City Distribution System, nor
shall any person, except as authorized by the Operation Manager or his
designate, connect to or operate any pipe, valve, meter, hydrant, or other
part of the City Distribution System.
4.2
Water from the City's supply shall not be supplied, sold, provided or diverted
to anyone whether or not such person is a customer of the City, without the
written consent of the City.
4.3
A person who contravenes any provision of this By-law is guilty of an offence
and is liable to a fine of not less than $500.00 in addition to all associated
costs, and/or prosecution.
5.
Responsibility of the Corporation
5.1
A water meter is required under the direction of the Manager of Operations or
his designate and under this By-law for the recording of all water taken by the
property owner from the City Water Distribution Systems.
5.2
The City shall supply at a cost to the owner, the required water meter(s),
which shall remain the property of the City.
5.3
Installation of Meters
a.
All requests for water service connections shall be accompanied by a
permit and payment for a water meter of the required size as
determined by the City. The water meter shall be installed by the
applicant and inspected by the City.
b.
Meters shall be installed as follows:
I.
One water meter is required for each single residential unit
service connection.
II.
For the purpose of this By-law, a condominium development
shall be served by one water meter for each private service; an
industrial or commercial development shall be deemed to be
one building and shall be served by one water meter per
service connection.
c.
Multiple residential units shall be served by one meter per private
service.
d.
All residential water meters shall be installed to City standards and
requirements.
e.
All commercial and industrial water meters shall be installed in
accordance with the direction of the Manager of Operations or his
designate, as to size and location.
f.
The entire cost of installing and inspecting the initial water meter shall
be at no cost to the City.
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g.
All water meters shall be owned by the City. All new residential units
must have a water meter installed according to City standards. The
meter installation will be inspected by the City and if the installation
does not comply with City standards, the water supply will be shut off
and will not be turned on again until the meter assembly meets City
standards.
h.
Whenever water meters have been installed for the measurement of
water, the owner or occupant of the premises where such meters have
been or are placed, shall take all reasonable precautions to protect
such meter assembly and its connections from physical or
environmental damage (frost, hot water or other causes). Repairs or
replacement shall be at no cost to the City.
5.4
The City shall maintain water service pipes between the public watermain
and the property line in good repair, if and for so long as the same is deemed
maintainable or repairable by the Manager of Operations or his designate.
5.5
The City assumes no responsibility to undertake any work on private service
connections. Should the City agree to undertake such work, the work shall
be confined to that part of the water supply system outside any and all
buildings or structures, in which case the property owner shall authorize the
work and agree, in writing, to assume all costs. Should the owner fail to fulfill
these requirements and there is, in the City's sole opinion, a threat to other
property or public safety, the City may turn off the water at the owner's
expense.
5.6
The City will, in every case, determine the position in the street in which the
pipe to be used in supplying any premise is to be installed.
6.
Responsibility of the Property Owner
6.1
The owner of each property taking water from a public watermain shall have
total responsibility, including all costs to install, to maintain in good repair and
to protect from frost, the piping, fittings, valves, fixtures and all
appurtenances at the City's sole discretion, from the curb stop to the building
or as located on private property, for the conveyance of water into and within
the building or to a place of use on the private property.
a.
All new water service connections shall be installed with a backflow
preventer in accordance with City standards and specifications, to
include the accurate completion of a Cross Connection/Backflow
Prevention Survey;
b.
All alterations to a water service and/or interior potable water systems
shall include the installation of a backflow preventer to City standards
and specifications;
c.
The backflow preventer shall be of an approved type, subject to the
approval of the City's Operations and Utilities Departments; and,
d.
All costs associated with the installation of the backflow preventer
shall be the responsibility of the property owner.
6.2
It shall be the responsibility of the Property Owner to pay the cost of thawing
a water service if frozen between the curb stop and the building (private
property).
6.3
After the first thawing on City property (per season) and notification is given
to leave the water run to prevent further freezing, the property owner will be
responsible for the cost of all subsequent thawing operations, and the City
will adjust the water rates to accommodate the running water.
6.4
Where a lead water service pipe is in use on the City section of the service,
between the water main and the curb stop, the City will schedule the
replacement of the water service, to City standards. If a lead water service is
discovered on the property owner's section, between the curb stop and the
building, the City will notify the owner, and the owner shall replace the water
service, to City standards, within 6 months of the notification, at the property
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owner's expense. Should the property owner fail to replace the water service
within 6 months of the notification, the City shall turn off the water service
until the lead service has been replaced, to City standards and approval.
6.5
Access to Water Meter Assembly
a.
The owner or occupant shall provide ready and convenient access to
the meter and remote so that it may be frequently read, examined,
maintained, repaired or replaced by authorized City employees or
approved agents.
b.
Every owner or occupant of premises where a water meter is installed
maintained, repaired or replaced shall ensure that the periodic reading
and inspection of such meters by the authorized agents of the City or
other authorized person is facilitated in all reasonable ways. Failure of
the owner or occupant to do so, or to make reasonable arrangements
for such reading or inspections, is in contravention of this By-law.
6.6
Testing of Water Meters
a.
A water meter will be removed and tested upon request, once the
payment of a deposit is received. If it is found to register correctly and
does not exceed one and one-half percent (1.5%) more consumption
when tested, a minimum charge, equal to the deposit, will be made.
All associated expenses shall be at no cost to the City.
b.
If the meter is found, when tested, to register in excess of one and
one-half percent (1.5%) a refund will be made to the consumer equal
to such excess percentage of the amount of the account for the period
from the last meter reading prior to such testing of the meter, plus the
deposit. No such reduction shall be made when the owner or
occupant of the building has not complied with the provisions of this
By-law.
c.
If, in the opinion of the Manger of Operations or his designate, the
condition of the private service pipe is such that the meter cannot be
safely removed without fear of damage to the private service pipes,
the Manager of Operations or his designate may require the owner to
make such repairs as may be deemed necessary to facilitate the
removal of the meter.
d.
The City will make periodic inspections or tests of meters on the
distribution system and reserves the right to substitute other meters
for existing meters owned by the City or to substitute a City-owned
meter for a privately owned meter.
6.7
Maintenance and Repair of Meters
Only authorized employees of the City, or agents duly authorized by the Manager of
Operations or his designate shall disconnect or take apart any meter or branch or in
any manner disturb the seal or any other part of the meter.
6.8
Meter Chambers
a.
Where the Manager of Operations or his designate deems the
construction of a frost-proof chamber or chambers is necessary to
house the water meter or meters, it shall give notice, in writing, mailed
to the consumer, and the owner shall provide a drained frost-proof
chamber or chambers. The plans and specifications shall be subject
to the approval of the Manager of Operations or his designate.
b.
The cost of providing and maintaining such a frost-proof chamber and
all connections thereto, and of keeping the chamber or chambers
readily accessible at all times, shall be at the expense of the owner.
6.9
In the case where a problem occurs on a water service pipe or on the private
piping system located on private property and where the owner or person
having authority over the property resides outside of the City boundaries or is
not immediately available, the Manager of Operations or his authorized agent
may take whatever action is deemed necessary to protect public or private
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properties or to stop the wastage of water, and the City shall not assume any
responsibility for taking such action, even though the property owner or
person having authority over the property may not have been given notice of
the action.
6.10 In the case of new installations or the extension of an existing system, all
work shall satisfy the plumbing requirements of the Ministry of the
Environment, the City Building Inspector and the Manager of Operations or
his authorized representative who shall approve the work prior to the work
being covered.
6.11 Operation and Inspection - Pressure, Supply and Quality
a.
The City does not guarantee pressure, nor continuous supply of water,
nor does it accept responsibility at any time for the maintenance of
pressure on its lines, nor for increases or decreases in pressure. The
City reserves the right at any and all times, without notice, to change
operating water service for the purposes of making repairs,
extensions, alterations or improvements, or for any other reason, and
to increase or reduce pressure at any time. Neither the City, its
officers, employees or agents shall incur any liability of any kind
whatsoever by reason of the cessation in whole or in part of water
pressure or water supply, or changes in operating pressures, or by
reason of the water containing sediments, deposits or other foreign
matter.
b.
Customers depending on a continuous and uninterrupted supply of
water or having processes or equipment that require particularly clear
or pure water shall provide such emergency storage, over-size piping,
pumps, tanks and surge tanks, filters, pressure regulators, check
valves, additional service pipes, or other means for a continuous and
adequate supply of water suitable to their requirements.
6.12 Water Use Restrictions
a.
For the purpose of this Section and Regulations made hereunder,
sprinkling shall be understood to include the distribution of water by
sprinkling or any other means on lawns, gardens, or other outdoor
areas.
b.
City Council may, from time to time, impose restrictions on sprinkling,
or change or revoke such restrictions, and in so doing may make the
restrictions applicable at specified times or on specified days and may
differentiate between classes of customers or areas of the City.
c.
In the event the City deems any portion of the plant of the Waterworks
being disabled or being threatened with disablement, or if 22,730 m3
daily are being supplied, or if for any reason the Manager of
Operations or his designate is of the opinion that the use of the
Waterworks should be curtailed, the City may direct that:
I.
no person in a residential area shall use any lawn sprinkler or
other appliance for sprinkling or watering by pressure or direct
from the City Waterworks, any lawn, boulevard, yard or garden,
or any pavement, sidewalk or roadway.
II.
no person in a commercial, industrial, institutional, open space
or hazard areas shall use any lawn sprinkler or other appliance
for sprinkling or watering by pressure or direct from City
Waterworks any lawn, boulevard, yard or garden, or any
pavement, sidewalk or roadway.
d.
Notice of any water use restrictions may be provided to water
purchasers and the provisions of the restrictions shall apply to said
water purchasers, so as to ensure the safety and security of the
system.
7.
Procedure
7.1
Application
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The owner of the property or his authorized agent shall submit a written application
to the Operations Department on a form prescribed by the City.
7.2
Installation
7.2.1 The property owner shall be responsible for the permit, the installation
and inspection of the new service and all related costs.
7.2.2 The owner of a property shall install and maintain all piping, fixtures,
valves and appurtenances located on his property in proper working
condition and any water, which is wasted due to the lack of proper
installation or maintenance, shall be considered a violation of this By-
law. The Manager of Operations or his designate will inspect the
installation from the property line to the building. Approval will be
denied where the installation has been covered prior to the inspection.
7.2.3 Should a property owner request a water service having a pipe
diameter larger than the standards, the property owner shall bear the
additional costs for pipe and fittings for the section from the watermain
to the property line, as determined and approved by the City.
7.2.4 Should a property owner request more than one (1) water service to
his premises, the property owner shall be responsible for all costs,
including overhead charges, for that section located on the public road
allowance, as determined and approved by the City. Each water
service and installation will be subject to the installation.
7.2.5 Immediately on completion of any plumbing work in connection with
the supply or use of water, the owner of the property shall file, with the
Manager of Operations or his authorized representative, a statement,
in writing, to indicate the completed works.
7.2.6 Restoration of surface within the City Right-of-Way shall be completed
in accordance with the City's specifications, and my contractors pre-
approved by the City.
7.3
Repair/Replacement
7.3.1 City is responsible for keeping in repair the service pipes laid down
from the main pipe to the curb stop.
7.3.2 All property owners shall be responsible to obtain a permit to repair
that section of a water service located from building to curb stop with
the work to be done by an approved contractor, as determined by the
City. The property owner shall be responsible for all costs associated
with this repair.
7.3.3 Where a property owner decides to employ a third party to repair that
section of a water service located from building to curb stop,
a.
the third party must be a qualified contractor per City standards
and requirements;
b.
a Water Service Installation permit must be purchased and
approved;
c.
the City shall not turn on the water supply until such time as the
complete installation has been inspected and approved by the
Manager of Operations or his authorized representative;
d.
work shall be pre-approved by the City of Pembroke
7.4
Location
7.4.1 In the case where the location of the proposed water service pipe, as
indicated by the property owner or his agent, is not to the approval of
the Manager of Operations or his authorized representative, the
property owner must adhere to the terms and conditions of this By-law.
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7.4.2 The property owner or his agent shall assume total responsibility for
maintaining the marker stake at the location approved by the Manager
of Operations or his authorized representative and should this marker
stake be moved or relocated, reinstatement will be made at the
expense of the property owner.
8.
Design, Materials and Specifications
8.1
A water service pipe from the public watermain to the building or place of use
shall be:
a.
not less than 19 mm diameter;
b.
of copper pipe unless otherwise approved by the Manager of
Operations or his designate;
c.
placed to a depth that will provide a minimum cover of 2.2 meters.
d.
provided with a main stop located on the watermain, when directed by
and to a design approved by the Manager of Operations or his
designate;
e.
provided with a curb stop complete with box or chamber located on
the public road allowance adjacent to the property line, with the design
approved by the Manager of Operations or his designate;
f.
of a size and location on the public road allowance approved by the
Manager of Operations or his designate;
g.
on the premises of the water taker, be protected from frost and
provided with adequate protection against settlement or movement
which could cause damage to the piping, fittings, valves or
appurtenances; and
h.
provided with a stop and drain cock attached to every supply pipe, at a
point immediately inside the building to provide for future maintenance
and to provide for the draining of the piping system inside the building.
8.2
When a public watermain is available, each separate house or premise or
each building only when single ownership is maintained, shall be suppled by
a single water service pipe from the public watermain.
8.3
Should the owner of a building wish to sell a part or parts of the building, he
shall, prior to completing the transaction, make satisfactory arrangements
with the City, for the installation of a water service pipe or pipes to supply that
part or parts of the building to be sold.
9.
Prohibitions and Penalties
9.1
Every person who,
a.
willfully hinders or interrupts, or causes to be hindered or interrupted
the City, or any of its officers, contractors, agents, servants or
workmen, in the exercise of any of the powers conferred by this By-
law;
b.
willfully lets off or discharges water so that the water runs waste or
useless out of the Waterworks;
c.
being a tenant, occupant of any house, building or other place
supplied with water from the Waterworks, improperly wastes the water
or, without the consent of the City, lends, sells or diverts the water,
gives it away, permits it to be taken or carried away, uses or applies it
to the use or benefit of another, or to any use and benefit other than
his own or increases the supply of water agreed for;
d.
without lawful authority, willfully opens or closes any hydrant or
obstructs the free access to any hydrant, curb stop, chamber, pipe or
hydrant-chamber, by placing on it any building material, rubbish or
other obstruction;
e.
throws or deposits any injurious or offensive matter into the water or
Waterworks, or upon the ice, if the water is frozen, or in any way fouls
the water or commits any willful damage or injury to the works, pipes,
or water, or encourages the same to be done;
Page 9 of 9
f.
willfully alters any meter placed upon any service pipe or connected
therewith, within or outside of any building or other place, so as to
lessen or alter the amount of water registered;
g.
installs or causes to be installed any pipe or main to communicate with
any pipe or main of the Waterworks, or in any way obtains or uses the
water without the consent of the City; or
h.
willfully ignores any portion or provision of this By-law,
is guilty of an offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c.P.33 and its amendments.
10.
All sections of this By-law shall be deemed to be separate and independent
and the invalidity of any section or provision hereof shall not affect the
remaining sections.
This By-law shall come into full force and effect upon third and final reading
Read a First and Second Time this 3rd day of April 2007.
___________________________
Mayor
___________________________
Chief Administrative Officer/Clerk
Read a Third time and passed this 3rd day of April 2007.
___________________________
Mayor
___________________________
Chief Administrative Officer/Clerk