By-Law to Regulate the Provision of Water No. 58 of 1991 (as amended) — full text

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, ... ~ .. : t i BY-LAW NUMBER sa OF 1991 OF THE CITY OF SARNIA-CLEARWATER "A By-Law to Regulate the Provision of Water in the city " WHEREAS the Municipal Act authorizes Council to pass By-Laws to establish and regulate works for the collection, production, treatment, storage, supply and distribution of water within the city; AND WHEREAS it is deemed necessary and desirable to provide for such water works. NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia-Clearwater enacts as follows: 1. In this by-law, "city" means the City of Sarnia-Clearwater, or its successor. 2. All works necessary to the collection, production, treatment, storage, supply and distribution of water shall be under the direction and control of the commissioner of Works. 3. APPLICATION FOR SERVICE Water will be introduced into buildings or premises only upon the signature of the proprietors or authorized agents who shall sign an application for that purpose at the office of the Commissioner of Works. - 2 - 4. COST OF SERVICE (al The expense of constructing private water services shall be borne by the owners thereof. The premises of any person fronting on any street through which city watermains have been laid may be supplied with water upon written application on the appropriate form and prepayment of the estimated cost. The cost shall be the actual cost of constructing the service. For services of any size, the applicant shall deposit with the City Treasurer an amount of money estimated by the commissioner of Works to cover the cost of the installation. After the construction is complete and the actual cost is known, the applicant shall pay any cost in excess of the deposit or the City shall refund the difference, as appropriate. An integral part of every service shall be a valve at or near the property line which shall be under the exclusive control of the Works Department, and will not be operated by any unauthorized person; (b) There will be no charge for city administrative and engineering costs to process the first application for a water service connection from the main to the property line. If, after the necessary arrangements have been made by the City, the applicant decides not to proceed with the - 3 - installation, then for any subsequent application for the same service connection, there will be a charge of $200.00 assessed against the applicant to cover administrative and engineering costs. This charge will be payable in advance and shall be in addition to the actual cost of constructing the service. 5. CONNECTION TO BUILDING The owner shall cause the service pipe to be extended to the water meter at his own expense. For this purpose only, copper pipe of a type approved by the Commissioner of Works shall be used. No service pipe shall be less than three quarter (3/4) of an inch in international diameter. The Commissioner of Works shall decide what size of service is to be used. All service pipes shall be installed so as to have a cover of at least 1.5 metres. 6. WATER METERS (a) All new buildings which become ready for occupancy on or after the 1st day of January, 1990, are required to have water meters and shall pay for same at the rates set out below. All existing buildings within the City shall be entitled to receive a meter at no cost for the meter itself until September I, 1991. Thereafter, any building in existence prior to January 1st, 1990 which has not had a meter installed shall be charged the rates hereinafter set out for the appropriate water meter for the service size indicated: - 4 - 5/8 " $105.00 3/4 " $180.00 1 " $216.00 1 1/2" $470.00 2 " $601. 00. Failure to pay the appropriate fee and/or proceed with installation of the meter subsequent to September 1st, 1991 shall entitle the Commissioner of Works to order the water shut off and left off until such time as the property has been appropriately metered. (b) Meters shall be installed as follows: one meter for each single family dwelling, each dwelling unit of a semi-detached dwelling and each multiple family dwelling. (c) For the purposes of this By-Law: (i) a condominium development shall be deemed to be one building, and shall be served by one water meter; (ii) an industrial or commercial development or site shall be deemed to be one building, and shall be served by one water meter, unless an owner requests, with the approval of the Commissioner of Works, or the Commissioner of Works requires, the installation of more than one water meter, in which case such number of water meters shall be installed as the Commissioner of Works may direct. - 5 - 7. INSPECTION OF SERVICE PIPE The Works Department of the City shall be notified by the owner of the premises when private water service pipe have been laid. No water supply shall be turned on unless the work is inspected and approved by the Plumbing Inspector or other responsible officials. 8. PLUMBING INSPECTION All plumber's work in any building or on any premises, together with all materials used therein, shall be subject to the approval of the Plumbing and Building Inspector. All service pipes lying on private property and plumbing work shall be kept in good condition by the owner and occupant and failure to place or keep these pipes, valves, or other equipment in good condition shall be justification for the Commissioner of Works or his agent to shut off or refuse to turn on the supply of water until satisfactory evidence is presented to show that necessary alterations have been made. 9. SERVICES IN WINTER No service connection shall be laid between the fifteenth day of November and the fifteenth day of April if, in the opinion of the Commissioner of Works, there is danger of frost damage. - 6 - 10. MAINTENANCE OF SERVICE All persons shall keep their service pipes, stop or hydrant cocks, on their own premises and from the line of the street in good repair; and it shall be the duty of all persons to have the same repaired at their own expense upon being notified by the Works authorities. If necessary repairs are not complete at the end of 15 days after written notification, the Commissioner of Works may order water shut off and left off until repairs are completed. 11. PROTECTION FROM FROST All persons taking water shall keep service pipes within their premises including any area way beneath the sidewalk protected from frost and so arranged and provided with stop and waste cocks so as to allow the pipes to be emptied and kept free of water during all periods of dangerous exposure to the actions of frost whether by day or night, and all persons shall be held liable for all damages which may result from their failure to do so and no continuous flow to guard against frosts or for any other purposes will be allowed except in special cases by special agreement as to conditions and rates. In all premises containing meters it shall be the duty of the owner or tenant to protect the meter from damage by frost or hot water backing up and any repairs resulting from such damage shall be at the owner's or tenant's expense. - 7 - 12. OPERATION OF FIRE HYDRANTS, VALVES, ETC. (a) No person shall open or use any fire hydrant, valve, or any other appurtenance belonging to the City, either for building purposes, street sprinkling or other purpose whatsoever. (b) The above provision does not apply to any employee of the City acting in the course of his employment or any contractor performing obligations pursuant to a contract with the city if the Commissioner of Works and the Fire Department have previously been placed on notice of their intention to use or open such hydrant. Notwithstanding the forgoing, in an emergency employees of the Works Department may use or open the hydrant without prior notice to the Fire Department, but shall notify the Fire Department as soon as practicable thereafter. (c) In exceptional circumstances, application may be made to the Commissioner of Works in writing for the opening or use of a fire hydrant, valve or other appurtenance, which permission will be granted solely in the discretion of the Commissioner of Works, and only upon the person applying therefore complying with the following terms and conditions: i) providing any and all information required by the Fire Department in that regard; ii) paying a fee of $25.00 for the opening and use of any fire hydrant valve or other appurtenance; - 8 - iii) paying a charge based upon the amount of water estimated to be used; iv) undertaking to be responsible for repair of any damage caused to the fire hydrant valve or other appurtenance caused by such opening or use, including, if it is deemed to be appropriate, providing a deposit in advance to secure such repair if requested by the Commissioner of Works. 13. ACCESS The duly appointed officers of the Works Department shall be allowed at all reasonable times and hours to enter and inspect the service taps, baths, water closets and apparatus for the supply of water in the houses, stores, etc., where the water has been introduced. 14. COMMENCEMENT OF WATER RATES Service charges and water rates start with installation of service to the street line. In areas where services have previously been installed to the street line, water shall be deemed available and water rates and service charges will start at the beginning of the calendar month following the month in which the building permit is issued. 15. SEPARATE SERVICES Permission will not be granted to supply two or more buildings from a single service except where one building is in the rear of the other and owned by the same owner and then only at the discretion of the Commissioner of Works. - 9 - 16. WATER RATES (al Flat rate shall be due and payable in advance at the office of the Collector of Water Rates, four times a year on the day set out in the respective bills for the said rates which shall be assessed as shown on Schedule "A" attached. (b) The charge to water-takers assessed by meter measurement shall be at the rates established in Schedule "B" hereunto annexed. If the meter is injured or fails properly to register during the quarter, then the premises shall be assessed in proportion to the former charge by meter on an average of the preceding twelve months, or as provided in the tariff set out in Schedule "B". 17. RESPONSIBILITY OF PAYMENT OF RATES Water rates shall be in every case assessed against the owner of the premises in which the water is used. The rates payable by the owner of any lands for water supplied to him shall be a lien and charge upon the estate or interest in such land of the person by whom such amount is due and may be collected by distress upon the goods and chattels of such person and by the sale of his estate and interest on the said lands. 18. PENALTIES In case of non-payment of rates for thirty days after the expiration of the day upon which the same has become due or payable, the Corporation or its duly authorized officers may cut off the supply of water to any house, store, office building or part of building upon which the said rate is due and the water shall not again be turned on except upon payment of: - 10 - (a) The rates and charges due in respect of the said premises; (b) The sum of $15.00 to cover the cost of turning off and on of the water, except that the sum of $50.00 shall be paid to cover the cost of turning off and on the water in the event that the water is turned on in other than regular working hours. This amount is payable before the water is turned on; and (c) Any additional charge which may be incurred in disconnecting the supply or reconnecting the supply or in order to prevent the improper use of water after the same has been so turned off. 19. METHOD OF BILLING 20. (a) Flat rates will be billed quarterly with the option of paying in full at any time. (b) Industrial meters will be billed each month. Commercial meters will be billed quarterly . Domestic meters will be billed half yearly. (c) water rates shall be due and payable on the date set out in the notice sent out, and in the event that such date is not set out in the notice, shall be due and payable at the end of the month, quarter or half year affected by the billing, as the case may be. Unless by special arrangement with the commissioner of Works, not more than one meter shall be placed in anyone building, apartment house or premises and the plumbing shall be so arranged that all water used on such premises shall pass through such meter. - 11 - 21. (a) Where water is supplied by meter the owner or tenant shall provide a ready location and convenient access to the meter so that it may be frequently read and examined by the Works authorities and/or meter readers. (b) Where a meter cannot conveniently be placed inside a building it shall be placed in a meter chamber, the location and construction of which are approved by the Works authorities, and the cost of which will be borne solely by the homeowner. (c) Every meter shall be placed in a location approved by the Works authorities; (d) All water users shall be metered except at the discretion of the Commissioner of Works. 22. CHECKING OF METERS (a) Any meter will be removed and tested upon request of the consumer. If it is found to register correctly, slow, or not to exceed 3% in favour of the City, the expense of removing and testing the meter must be paid by the person requesting that such meter be removed and tested. If a meter, when tested, is found to register in excess of 3% in favour of the City, a refund will be made to the consumer of an amount equal to such excess percentage on the bill for the one (only) quarterly period immediately prior to the testing of said meter; and (b) The city will make periodic inspections or tests of meters on the distributing system and reserves the right to substitute other meters for existing meters owned by the City, or to sUbstitute a City meter for a privately owned meter. - 12 - 23. INTERRUPTION OF SERVICE The Works Department shall provide as continuous and uninterrupted service as practical and where shutting off portions of the system is necessary, warning of the shut off may be given but where necessary in the opinion of the Commissioner of Works, the water may be shut off and kept off as long as is necessary and the City or any City officials shall not be liable for any damage resulting therefrom whether or not notice of the shut off has been given. 24. MAINTENANCE OF FIRE SERVICE Where a special fire service is installed, no other connections will be made to this special service. The owner of the building having the special service will repay the City for any expense incurred for the maintenance or repairs of the fire service from the watermain to the property line. 25. CROSS CONNECTIONS No cross-connections, direct or indirect, between any private or any other water supply and the city water system, shall be made. 26. AIR CONDITIONING No water shall be used for cooling or air conditioning unless through a metered connection. .- 13 - 27. LAWN WATERING From the first day of May to the thirtieth day of September, inclusive of both dates, in each and every year, water shall not be used for lawn or garden watering, irrigation of gardens, filling of swimming pools, washing of vehicles, or any other non-necessary purposes as may be designated by the Commissioner of Works or his designate except as follows: (a) Properties with street numbers ending in 0, 2, 4, 6, and 8 may carry out such activities on the even days of the month from 9 o'clock in the forenoon to 12 o'clock noon, local time, and from 5 o'clock in the afternoon to 10 o'clock in the evening, local time. (b) Properties with street numbers ending in 1, 3, 5, 7, and 9 may carry out such activities on the odd days of the month from 9 o'clock in the forenoon to 12 o'clock noon, local time, and from 5 o'clock in the afternoon to 10 o'clock in the evening, local time. (c) As an alternative to (a) and (b) above, and under no circumstances in addition thereto, properties with automatic sprinkler systems on timers may, with the prior approval of the commissioner of Works or his designate, carry out lawn or garden watering or garden irrigation for a period not to exceed two hours, between the hours of 3 o'clock in the forenoon, local time, and 6 o'clock in the forenoon, local time. - 14 - 28. EMERGENCIES (1) During any emergency period when it appears likely that the demand for consumption of water will reduce the water pressure in the Municipal Water system, thereby threatening the safety and supply of water, the Commissioner of Works or his designate is hereby authorized to reduce any of the periods referred to in section 27 or ban the use of water for any non-necessary purposes as in his discretion appears necessary to prevent water demands from exceeding plant capacity. (2) (a) For the purposes of this By-Law, the words "non-necessary purposes" shall mean lawn or garden watering, irrigation of gardens, filling of swimming pools, and washing of vehicles, and may, in the case of severe emergency as declared by the Commissioner of Works or his designate also include any of the following purposes as the Commissioner of Works or his designate may specify from time to time: (i) Use of Automatic dishwashing machines; (ii) Use of automatic clothing washers; (iii) washing or rinsing of laneways, patios or buildings; (iv) Cleaning windows; or (v) Any other purpose which the Commissioner of Works or his designate deems it necessary to regulate or ban in order to prevent water demands from exceeding plant capacity. - 15 - (b) Notwithstanding section 2(a) above, "non-necessary purposes" shall not include such uses by commercial or industrial establishments as are necessary for the purposes of carrying on their enterprise unless the Commissioner of Works or his designate so specifies. (3) Any person affected by an Order of the Commissioner of Works or his designate under this section may apply to the Commissioner of Works or his designate for special relief from such Order and the Commissioner of Works may refuse such relief or grant it on such terms as, he deems appropriate. 29. USE DURING FIRES During the time that the City Fire Department is fighting a fire, all other water use shall be kept to a minimum. 30. WASTE No person shall waste water, either willfully or by neglect. 31. TAMPERING No person shall alter, tamper with, move, or otherwise interfere with a meter or the flow of water through it. - 16 - 32. PRESUMPTION For the purposes of any prosecution under this By-Law the registered owner as disclosed by the Registry Office shall be presumed to be the person responsible for any breaches of this By-Law, absent proof, on the balance of probabilities, to the contrary. 33. PENALTIES Any person who contravenes any provision of this By-Law is guilty of an offence and shall be subject to the provisions of the Provincial Offences Act. For the purposes of this By-La.", an offence which commences on one calendar day and continues past midnight on the next calendar day shall be deemed to be two offences and so on through successive days. 34. REPEAL By-Law Number 3975 as amended is hereby repealed. By-Laws Number 51F, 209R, 16 of 1957, and 47 of 1987, all as amended, of the former Town of clearwater, are hereby repealed. By-Law Number 33 of 1991 of the amalgamated City is hereby repealed. 35. SHORT TITLE The short title of this By-Law is the "Water By-Law" . - 17 - 36. SUPERCEDES This By-Law supercedes any corresponding By-Law of the former City of Sarnia or the form Town of Clearwater that through inadvertence may not have been repealed. 37. This By-Law comes into force and effect on January 1, 1991. FINALLY PASSED this d<S THday of mA/I. 4.# , 1·991. ;Jd, ((? -, ) ~ Mayor ~ --l:;;t . Clerk SCHEDULE 'A' SCALE OF FLAT WATER RATES The household rate shall be $23.44 per room and the word "room" shall include living rooms only (halls, closets, pantries, cellars and . bathrooms only excepted) . Where a dwelling contains two or more self-contained apartments, the regular rates for a separate dwelling shall apply to each apartment. NATURE OF SERVICE Bath tubs, separate showers automatic water closets, in dwellings, each RATE PER ANNUM $45.64 In no case shall the household flat rates be less than $93.76 per annum, plus rate for bath and toilet, if applicable. All other premises or any of the above to be charged by estimate or by meter at the discretion of the Commissioner of Works of the City of Sarnia-Clearwater. For summer houses, the minimum charge for water will be for a six month period. The waterworks Department is to shut off the line at the end of the occupancy period when notified and if the line is not shut off, the charge is to be made for the full year, except when requests are made for vacancy allowance. Any cultivated property supplied with water with an area larger than 15,000 square feet used as either lawn or garden, will be placed on a meter and the city reserves a right to order the installation of a meter when it is deemed necessary. SCHEDULE 'B' METERED WATER RATES A service charge shall be in accordance with the sizing of the water metering device measuring consumption for the premises and shall be as follows: Size of Meter 5/8" 3/4" I" 1 1/2" 2" 3" 4" 6" 8" 10" Monthly Service Charge $ 5.36 $ 7.58 $ 13.29 $ 26.57 $ 49.11 $ 94.50 $ 147.67 $ 306.97 $ 590.59 $ 978.32 Rate Per Cubic Meter of Water Consumed $ .37 $ .37 $ .37 $ .37 $ .37 $ .37 $ .37 $ .37 $ .37 $ .37 BY-LAW NUMBER ~ OF 1991 OF THE CITY OF SARNIA-CLEARWATER "A By-Law to Regulate the Provision of Water in the City" READINGS: FIRST'~""'S" ~ SECOND. ~«...<5'" I; I' THIRD~M.v"'?5· 1991 THE CORPORATION OF THE OF SARNIA-CLEARWATER Legal Services City Hall Sarnia, Ontario N7T 7N2 CITY (VMG:df)