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BY-LAW NUMBER 89 OF 2OL6
OF THE CITY OF SARNIA
"A By-Law to Authorize Backflow Prevention Requirements
within the City of Sarnia"
(Re: Backflow Prevention)
WHEREAS the City of Sarnia wants to prevent backflow, and its
associated contamination, into the Municipal Drinking water System;
AND WHEREAS Section 11 (1) of the Safe Drinking Water Act,
2002, requires every owner and operator of a Municipal Drinking
water system to ensure that all water provided by the municipal
system meets the drinking water quality standards and that the
drinking water system Ís operated in accordance with the safe
Drinking Water Act;
AND WHEREAS Section 11 (2) of the Municipal Act, ZOOL,
provides that a municipality may regulate matters for purposes related
to the health, safety and well-being of the inhabitants of the
municipality;
AND WHEREAS Section 11 (3) of the Municipal Act, 2001
specifically authorizes the passing of by-laws respecting Public
Utilities;
AND WHEREAS section 80 (1) of the Municipal Act, 200L,
provides that a municipality may at reasonable times, enter on land to
which it supplies a public utility to inspect, repair, alter or disconnect
the service pipe or wire, machinery, equipment and other works used
to supply the public utility;
NOW THEREFORE the Council of The Corporation of the City of
Sarnia enacts as follows:
il
1.O SHORT TITLE
This by-law may be cited as the "Backflow Prevention By-Law."
2.O DEFINITIONS
AUTHORIZED FUNcrroNs Lrsr - means a list of functions and the
persons authorized to carry out such functions as set out in Schedule
rB'.
AUXILIARY WATER SUPPLY means any water supply oñ, or
available to, the premises other than the Municipal Drinking water
System supply.
BACKFLOW - means the flowing backward or reversal of the normal
direction of the flow of water.
BAcKFLow PREVENTTON SURVEY - means a survey and inspection
completed by a Tester to identify water service connections present,
the backflow hazards associated, and any protection of backflow
prevention currently installed or required.
BUILDING - as defined in the Building Code.
BUILDING CODE - means the Building Code Act, 1992, S.O. L992,
c.23 as amended and any regulations made under that Act.
CITY - means The Corporation of the City of Sarnia and where an
authority or discretion is conferred upon a City official under this By-
law, means the appropriate official or representative of the City as
designated or appointed under its governing By-laws, resolutions or
policies from time to time.
CITY ENGINEER- means the individual in charge of Engineering or
that person's designate or any person duly authorized to act in that
person's place.
COMPLIANCE NOTICE means a notice prescribed by the City,
identifying deficiencies that shall be corrected.
CORRECTM ACTIONS FORM - means a form issued by the City
with the Compliance Notice, to be completed by the owner and
submitted to the city, notifying the city that the requirements of the
Complíance Notice have been completed,
CONTRACTOR - means a person, partnership, or corporation who
contracts to undertake the execution of work commissioned by the
owner or the City to install or maintain water mains, water services,
hydrants and other appurtenances or devices.
COUNTY - means The Corporation of the County of Lambton.
CROSS-CONNECTION means any temporary, permanent, or
potential water connection between a source o potable water and any
source of pollution or contamination and includes any bypasses,
jumper connection, removable section of pipe, swivel or changeover
and any connecting arrangement through which may allow backftow of
contaminants.
DEVICE - means a backflow preventer that prevents the backflow of
water into the waterworks and/or private water system and is
designed to prevent contamination of potable water.
FIRE PROTECTION SYSTEM - means an assembly of pipes and
fittings that conveys water from the water service pipe to the fire
sprinkler or standpipe outlets.
GOOD WORKING CONDITION - means:
a) free from health hazard
b) free from fire hazard
c) not in poor condition by reason of deterioration, neglect, damage
or defacement
d) able to perform its intended function
e) protected from freezing
HAZARD CLASSIFICATION- as defined in the CAN/CSA - 8,64 10
Standard by the following;
a) MINOR
b) MoDERATE
c) HIGH OR SEVERE
INSPECTION - includes any of the following:
a) an audit
b) physical, visual or other examination
c) survey
d) test or inquiry
IRRIGATION SYSTEM - includes sprinkler heads, piping and other
components that are used primarily to apply water to vegetation.
MUNICIPAL DRINKING WATER SYSTEM - means a drinking water
system within the meaning of subsection 2(1) of the safe Drinking
Water Act, 2002 supplied by the Clty.
MUNICIPAL PLUMBING INSPECTOR - means a person appointed a
Plumbing Inspector by the County or the Cify.
NON-POTABLE WATER - means water that is not meant or approved
for human consumption.
OCCUPIER - means any person or persons of the age of 18 years or
older in possession of a property;
OWNER - means the registered owner or owners of a premises or
their authorized agents;
OWWA - stands for Ontario Water Works Association, a section of the
American Water Works Association (AWWA).
PERSON - includes individuals and corporations.
PLUMBING PERMIT - means an official document issued under the
authority of the County or City giving someone authorization of an
alteration /and or connection to the plumbing of a property.
POTABLE WATER means water that is safe for human
consumption.
PREMISES ISOLATION - means separation of the water supplied to
private properties from the Municipal Drinking Water System, via a
device.
PRMTE WATER SYSTEM - means the portion of the water seruice
pipe located on private property;
REGTSTERED Lrsr oF TEsrERs - means a list of contracfors who
are authorized to perform functions required under the By-law as
indicated on the Authorized Functions List, that are Testers and have
registered with the City Engineer.
SITE PLAN means a graphical plan of a proposed or existing
development illustrating all the features of the development including
dwellings, commercial establishments, roads, and other public or
private infrastructure that has been approved by the city Engineer.
TESTER means a person who is certified by the OWWA, or
equivalent, to test deyr'ce(s,) and who is currently registered in the
OWWA database of Testers.
TEsr rAG - means a tag provided by the city, attached to a device,
indicating that the device is in good working condition as indicated
through the tesf report.
TEsr REPORT - means a report in the form as prescribed by the city
to test a device.
WATER METER - means a device supplied and owned by the City, at
the owner's expense, to measure the quantity or rate of potable water
flowing through a pipe that is used to supply a building.
WATER SERVICE means the pipes and fixtures used for the
purpose of supplying potable water from the Municipal Drinking Water
System to any building or land.
WATERWORKS - means any mechanisms used for the collection,
production, treatment, storage, supply, transmission and distribution
of potable water by the City, up to the water seruíce connection, but
does not include plumbing to which the Building Code applies,
3.O APPLICATION
3,1 Properties - Required
This By-law applies to all properties within the city, except buildings of
only residential occupancy serviced from the Municipal Drinking Water
System through a single water service connection less than 50 mm
diameter.
3.2 City Engineer determined
In addition to and notwithstanding section 3.1 of this By-law, this By-
law applies anywhere the city Engineer determines that a condition
exists in any building or on any property serviced from the Municipal
Drinking water system that may be hazardous or detrimental to the
Municipal Drinking Water System or any private water system.
4.O CROSS CONNECTION REOUIREMENTS
4.1 Cross-connections - prohibited
No person shall connect or permit any piping, fixture, fitting,
container, appliance, equipment, or the like, in a manner which under
any circumstances may allow non-potable water or any other liquid,
chemical, gas or substance to enter the Municipal Drinking Water
System.
4.2 Backflow prevention device - premises isolation
Every owner of property to which 3.1 applies, shall ensure that
premises isolation is in place based on the hazard classification of the
property on every existing, new, or temporary, water seruice supplied
by the Municipal Drinking Water System.
4.3 Guide to Degree of Hazards
The "Classification Guide to Degree of Hazards", attached as Schedule
'A', shafl be used to determine the hazard classification for each
applicable property. When the type of property is not identified in the
Guide, or the property is labeled with more than one degree of
classification, the City Engineer shall determine the hazard
classification on a case by case basis.
4.4 Levels of protection - Premises Isolation
a) Premises with a moderate hazard classification shall be isolated
with a Double Check Valve Assembly device,
b) Premises with a severe hazard classification shall be isolated
with a Reduced Pressure Principal Assembly device.
c) Premises that require protection in accordance with Section 3.2
shall follow what is required as recorded in the CSA 864 10.
4.5 Exceptions to protection
Despite sections 4.3 and 4.4, the city Engineer may require or permit
an alternative device to be used in respect of a unique cross-
connection condition, provided the requirement or permission is in
writing and includes reasons for the exception"
4.6 Existing device
All properties applicable with existing wafer services supplied by the
Municipal Drinking water System that have previously installed a
device shall complete a Backflow Prevention survey and assure
compliance with all requirements of this By-law.
5.O APPLICATION OF THE CSA STANDARD
5.1 In accordance with the CSA Standard
The owner shall ensure all devices are selected, installed, replaced,
and maintained in accordance with this By-law, the Building Code, and
the CAN/CSA - 864 10 Series Standard.
5,2 Conflict of provisions
Whenever the CSA Standard and this By-law are in conflict, the
provisions of this By-law shall prevail.
6.0 SELECTION OF BACKFLOW PREVENTION DEVICE
6.1 Backflow Prevention Survey - when to complete
An owner shall, at their expense, have a survey conducted of the
water service connections for each property owned by completing a
Cify issued Backflow Prevention Survey when any of the following
occur:
a) when requested by the City Engineer;
b) prior to initial installation of a device;
c) every five years after the initial survey;
d) whenever the hazard classification on the property has changed;
e) when ownership of the property has changed; and
f) when circumstances at the property or the equipment has
changed and such change either alters or has the potential to
alter the information contained in the most recent Backflow
Prevention Survey provided to the City.
6.2 Backflow Prevention Survey - who must complete
An owner shall ensure that a Backflow Prevention Suruey is carried out
by a lesfer who is authorized to perform this function, as identified in
the Authorized Functions Årst, attached as schedule'B', and the survey
shall be provided to the cify within thirty (30) calendar days of any of
the events occurring listed in section 6,1.
6.3 Compliance Notice
Following the city's review of the Backflow Prevention survey the
owner shall receive a Compliance Notíce that identifies whether the
city supports recommendations contained in the survey and/or
includes additional or alternative requirements, which shall be
completed.
6.4 Corrective Actions Form
All requirements outlined in the Compliance Notice shall be completed
and recorded on the Corrective Actions Form prescribed by the City
and submitted within the timeframe allotted.
7.O INSTALLATION OF BACKFLOW PREVENTION DEVICE
7.1 Every Tester installing and testing a backflow prevention
device shall ensure that:
a) the device is installed in accordance with manufacturer's
specifications and the CSA - 8,64 10 Series Standard;
b) the device installed is a testable devíce;
c) the device is installed downstream of the water meter as per
manufacturer's instructions, prior to any tapping, or where
circumstances require, in an alternate location that is to the
satisfaction of the City Engineer;
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d) there is compliance with all requirements on the Authorized
Functions List;
e) a test report, provided by the City, is completed for each device
tested and submit it to the City in the format prescribed within
ten (10) business days of the performance of the test; and
f) after each device has passed testing requirements, the Tester
shall complete and affix a fesf fag that is provided by the City, to
the device or immediately adjacent to the device on the piping
connected thereto.
7.2 Every owner shall ensure that:
a) all piping between the water meter and the premises isolation
device has no cross-connections;
b) all piping between the water meter and a premises isolation
device is clearly labeled "no connections permitted"; and
c) every device installed is in good working condition at all times
while the water sentice is in use.
7.3 Accessibility
Every device shall be installed in a location that is readily accessible
for operational, renewal, servicing, maintenance and inspection
purposes without the use of a portable ladder or the necessity of
climbing over or removal of an obstacle; subject to discretion by the
City Engineer.
7.4 Unauthorized removal of a device is prohibited
No person shall remove or permit the removal of a device or part
thereof after it has been installed, unless such removal is permitted by
this By-law.
8.O PLUMBING PERMITS
8.1 Permit required
Every owner required to install a device shall obtain a Plumbing Permit
prior to installation.
4.2 Requirements for Permit - renovation or reconstruction
a) For all newly constructed, renovated or reconstructed properties
that require premises isolation, the owner shall provide a site
plan, drawings and otherwise ensure the water service is
protected v¡a a prem¡ses isolation device and is in compliance
with the CSA - 864 Series Standard. Site plans shall meet all
requirements as outlined in this By-law and any additional
requirements of the City Engineer before a Plumbing Permit is
issued.
b) Plumbing Permits shall not be issued until a Backflow Prevention
Survey has been completed.
8.3 Plumbinglnspection
Every device installed shall be inspected by a Municipal Plumbing
Inspector. The owner or a person authorized to act in their place shall
contact the City or County to request final inspection by the Municípal
Plumbing Inspector,
9.O TESTING OF BACKFLOW DEVICE
9.1 Testing Requirements
Every owner who has a device required under this by-law shall ensure
that the device is inspected and tested at the installation location by a
Tester when first installed and annually thereafter, or immediately
after the device is cleaned, repaired, overhauled, serviced, relocated
or inactive for a period of 90 days or longer.
9.2 Premises Isolation on Uninterrupted services
Properties requiring premises isolation where the water service is
unable to be interrupted for testing and maintenance shall install, in
parallel, a bypass around the device, with the bypass protected also
via a device that is equivalent to allow for annual testing and
maintenance of both devr'ces.
9.3 Tester shall be registered
Every lesfer who tests a device shall register with the City's
Registered List of Testers prior to performing any functions listed on
the Authorized Functions List.
9.4 In accordance with CSA Standard
Every lesfer who registers with the City to perform testing and
maintenance on devices shall carry out such work in accordance with
this By-law, the CSA Standard, and all applicable legislation.
9.5 Device malfunction
Upon finding that a device has failed initial testing, the lester shall
take the device out of service and inspect and a retest shall be
completed immediately after necessary cleaning, repairs and/or
replacements are made.
9.6 Retest
If a device fails the retest the lester shall:
a) Immediately take the device out of service;
b) Immediately replace The device or have the u¡ater seryr'ce shut
off; and
c) Provide written confirmation of the failure to the City Engineer
within forty-eight hours of the retest.
1O.O INSPECTIONS AND ACCESS TO DEVICE
10.1 Notice of inspection
Upon notice the City shall have free access, at all reasonable times to
perform an lnspection on a private water system, including but not
limited to; a water meter, a fire protection system or a device.
tO.2 Notice to conduct work
Upon notice the City shall have free access, at all reasonable times, to
parts of every building or other grounds to which the Municipal
Drinking Water System supplies, to alter, repair, replace, or disconnect
any water service pipe, wire, rod or cross-connection.
1O.3 No notice - Emergency
Notwithstanding sections 10,1 and L0.2, in the case of a perceived
emergency the City shall have free access at any time, without the
requirement to provide notice in order to remove any immediate
threat or hazard to the Municipal drinking Water System.
11.O CONTRAVENTIONS AND WORK ORDERS
11.1 Work Orders for Contravention
Where the City is satisfied that a contravention of this By-law has
occurred, the City may issue a work order requiring the owner or
occupier of the land on which the contravention occurred, to do work
to correct the contravention.
ll.2 Work Orders
The order referred to in subsection 11.1 shall:
a) include reasonable facts of the contravention which identify the
contravention and the location of the property on which the
contravention occurred;
b) indicate the time for complying with the terms and conditions of
the order and give notice that, if the repair or clearance is not
carried out within that time, the City may carry out the work at
the oyvner's expense; and
c) be served or caused to be served to the owner or occupier;
i. by personal service; or
¡¡. by prepaid registered mail sent to the last known address
of the person to whom notice is to be given or to that
person's agent for service.
11.3 Last known address
For the purposes of paragraph 11.2(c) ii., "last known address" of the
owner includes but is not limited to the address provided to the clty
for the payment of property taxes for the property or the address for
service on the title document for the property.
ll.4 Work Order - cost and expense of the owner
a) if the owner or occupier of a property fails to comply with a work
order issued under 11.1 and 11.2 within the prescribed time set
out in the order, the City may cause the property to be brought
into compliance.
b) the City or a person acting on its behalf is not liable to
compensate the owneû occupier or any other person by reason
of anything done by or on behalf of the City in the reasonable
exercise of its powers.
c) the City may recover the costs of doing a matter or thing from
the person directed or required to do it by action or by adding
the costs to the tax roll and collecting them in the same manner
as property taxes as outlined in section 446 of the Municipal Act,
2001.
11.5 In addition to any other provisions
In addition to any other provisions of this By-law, the City may at any
time order an owner, at their expense, to conduct tests, provide
reports and undertake any other reasonable measures required for the
prevention of backflow or of a cross-connection on any water service
connection or private water system
11.6 Damages
without prejudice to any other legal rights of recovery, where a
contravention of this bylaw causes damage or an expense to the city,
the cost may be added to the tax roll of the responsible property, and
such cost shall represent a lien against the land.
12.O PENALTIES
L2.t Fine - for contravention
Every individual who contravenes a provision of this By-law is guilty of
an offence and upon conviction, shall be liable, for every day or part
thereof upon which such offence occurs or continues, to a fine of up to
$5,000 per day for a first offence and to a fine of not more than
$20,000 per day for any subsequent offence.
12.2 Fine - for contravention - corporation
Every corporation who contravenes a provision of thls By-law is guilty
of an offence and upon conviction, shall be liable, for every day or part
thereof upon which such offence occurs or continues, to a fine of up to
$5,000 per day for a first offence and to a fine of not more than
$100,000 per day for any subsequent offence.
12.3 Discontinue use of water
The City may turn off a water service or refuse to turn on a water
service to any property and may discontinue service to any property if
the owner has contravened a provision of this bylaw.
13.O GENERAL PROVISIONS
13.1 References to By-law - recognized as amended, restated
and replaced
References made in this By-law to any statues, regulations, by-laws,
and/or standards shall be recognized to such statues, regulations, by-
laws, and/or standards as amended, restated or replaced from time to
time.
13.2 Section/subsection of By-law made invalid - remainder in
force
Each of the provisions of this by-law is severable and if any provisions
of this by-law, or part thereof, should be declared invalid by any court
of law, for any reason, it is the intention and desire of this Council that
each and every one of the remaining provisions, or parts thereof, shall
remain in full force and effect.
13.3 Headings
The headings are provided for convenience only and do not form part
of the interpretation of this By-Law.
L3.4 Schedules
The following Schedules are attached to and form part of this By-law:
13.4.1. Schedule A - Classification Guide to Degree of
Hazards
t3.4.2. Schedule B - Authorized Functions List
13.5 Effective Date
This By-law shall come into force and take effect on June 20,20t6.
By-Law Read a First, Second and Third time this 2O day of June,
20L6
Anne Marie Gillis
Acting Mayor
/(
Dianne
ould-Brown
Acting City Clerk
Schedule A: Classification Guide to Degree of Hazards
Abattoir (slaughter house)
Severe
Camp site
Moderate
Airport
Moderate
Camp site with RV
hook-ups or dump
station
Severe
Animal feed lot
Moderate
to Severe
Car wash
Severe
Animal stock yard
Moderate
to Severe
Chemical Plant
Severe
Apartment building
(within the scope of Paft 3 of the
Ontario Building Code)
Moderate
Church
Minor to
Moderate
Aquaculture farm
Severe
College
Moderate
Aquarium (public)
Severe
Commercial
premises
Moderate
to Severe
Arena
Moderate
Concrete plant
Severe
Asphalt plant
Severe
Dental office
Moderate
Auto body shop
Dental surgery
facility
Severe
Severe
Auto dealership
Moderate
Dockside marine
facility or marina
(pleasure boat)
Moderate
to Severe
Automotive Plant
Severe
Dry cleaning plant
Severe
Automotive repair shop
Severe
Dry cleaning facility
(no dry cleaning process
on premises)
Moderate
Beverage processing plant
Severe
Duplex housing
with shared service
Minor
Blood clinic
Severe
Dye plant
Severe
Exhibition ground
Severe
Grocer
Moderate
Farm
Moderate
to Severe
Hair salon
Moderate
Film or photo processing
facility
Severe
Hospital
Severe
Fire Protection System
connected to more than
one of the following
different sources of supply:
City water supply
system,
a private water
supply system,
or a source of
non-potable
water
a
Moderate
to Severe
Hotel
Moderate
Moderate
to Severe
Fire station
Moderate
to Severe
Industrial and
Institutional
Fish farm or hatcherv
Severe
Kennel
Moderate
Severe
Food processing plant
Severe
Laboratory
Fuel dispensing facility
Moderate
Laundry (commercial)
Severe
Funeral Home
Moderate
to Severe
Laundry
(commercial, coin-
operated)
Moderate
Garbage transfer facility
Severe
Mall - multi-tenant
Moderate
Golf course
Moderate
to Severe
Manufacturing Plant
(not specified)
Moderate
Meat Packing plant
Severe
Pharmaceutical
manufacturing
facilitv
Severe
Medical clinic
(non-surgical)
Moderate
Plant using
radioactive material
Severe
Medical clinic
(surgical)
Severe
Plastic
manufacturing plant
Severe
Milk processing plant
Severe
Plating shop or
plant
Severe
Severe
Mining facility
Severe
Poultry farm
Mobile home park
Moderate
Power generating
facility
Severe
Mortuary or morgue
Severe
Premises with
access to an
auxiliary water
suoolv
Severe
Motel or Hotel
Moderate
Premises where
access prohibition
or restricted
Severe
Motorcycle repair facility
Severe
Printing Plant
Severe
Multi-service
intercon nected faci lity
Moderate
Pulp andlor paper
plant
Severe
Radiator shop
Severe
Multi-tenant single
serviced facility
Moderate
Nursing Home
Moderate
Recycling facility
Severe
Office Building
Minor to
Moderate
Refinery, petroleum
processing
Severe
Oil Refinery
Severe
Rendering facility
Severe
Paint manufacturing plant
Severe
Research facility
Severe
Petroleum processing or
storage facility
Severe
Residential
premises
(single water service less
than 50 mm diameter
with no moderate or
severe cross-
connections)
Minor
Restaurant
Moderate
University
Moderate
to Severe
School
Moderate
Veterinary clinic
Moderate
to Severe
Severe
Sewage dump station
Severe
Veterinary clinic
(soecial eouipment)
Waste disposal
Severe
Sewage treatment plant
Severe
Severe
Steam boiler plant
Severe
Wastewater facility
Severe
Steel manufacturing plant
Severe
Wastewater pump
station
Storage Warehouse
Moderate
Wastewater
treatment plant
Severe
Severe
Swimming pool facility
Moderate
Water filling station
Moderate
Technical Institute
Minor to
Moderate
Water Park
Townhouse (shared service)
Minor to
Moderate
Water treatment
plant
Severe
Severe
Track-side facilities for
trains
Severe
Water treatment
pump station
Schedule B: Authorized Functions List
Item
Steamf¡tter
w¡th Tesfe¡
Cert¡f¡cat¡on
r'
Irrigation
System
Installer with
Tester
Certification
{
r'
Industrial
Millwright
w¡th Tester
Cert¡ficat¡on
r'
F¡re
protection
system
Sprinkler
fitter with
TesteF
Certif¡cat¡on
r'
r'
r'
Apprentice
Plumber with
Tester
Certification3
r'
r'
r'
r'
tourneyman
Plumber
with Tesfer
Cert¡f¡cat¡on
2
r'
r'
r'
r'
r'
r'
Licensed
Master
Plumber with
contractorrs
license and
w¡th fesfe¡
Cert¡ficat¡on
r'
r'
/
r'
r'
r'
Cert¡f¡ed
Engineering
Technologist
with fesfer
Certificationl
r'
r'
r'
r'
r'
Professional
Êngineer with
Tester
Cert¡f¡cat¡on
r'
r'
r'
r'
r'
Licensed
Water
Operator
employed by
City of Sarnia
w¡th Iesfer
Certificationa
r'
r'
r'
r'
r'
Function
Carry out a
backflow
prevention survey
Install, relocate,
or replace
backflow
prevention device
Repair backflow
prevention device
Test backflow
prevention devices
Complete items 1,
2,3&4in
relation to fire
protect¡on
systems
Complete items 2,
3&4inrelation
to irrigation
systems
Complete items 1,
2,3, & 4 in
relations to
heating and
cooling systems
1.
Required to be under the direction of a Professional Engineer
2.
Required to be employed by a licensed plumbing contractor
3.
Required to be employed by a licensed plumbing contractor under the direct supervision of a journeyman plumber or master plumber
4.
Must be employed with the City of Sarnia under the direction of a Professional Engineer, completing work for the City of Sarnia
5.
Anyone with a Tester's license as per CAN/CSA-864.LO, as amended, is permitted.
CertificationasperCAN/CSA-B64.L0, asahended: pleaserefertothedefinitionforTester r'Authorizedtopeformfunction