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THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE
BY-LAW NO. 12-2011
being a by-law to provide for the regulation of the
Municipal waterworks supply system in the Township
of Southgate and for connected premises
WHEREAS section 8 of the Municipal Act, 2001, c. 25 ["the Act"] provides that a
municipality has the capacity, rights, powers and privileges of a natural person for
the purposes of exercising its authority under the Act.
AND WHEREAS under section 11 of the Act a lower tier municipality, except where
such sphere is assigned to an upper tier municipality, may pass by-laws respecting
matters within the sphere of jurisdiction of Public Utilities, and Public Utilities
includes systems for water production, treatment, storage and distribution that are
used to provide water services for the public.
AND WHEREAS section 9(1) of the Act provides that sections 8 and 11 shall be
interpreted broadly so as to confer broad authority on municipalities to enable them
to govern their affairs as they consider appropriate and to enhance their ability to
respond to municipal issues.
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF SOUTHGATE HEREBY
ENACTS AS FOLLOWS:
Part 1
DEFINITIONS
1.1
Definitions
In this by-law:
"appurtenances" means the machinery, appliances, structures, and other parts of a
main structure that are necessary to allow it to operate as intended but that are not
considered part of the main structure;
"ASSE" means the American Society of Sanitary Engineering;
"AWWA" means the American Water Works Association;
"Authorized Functions List" means the list of functions and the persons authorized
to carry out such functions as set out as Appendix "A" of the By-law;
"auxiliary water supply" means any water source or system, other than the
Township's water supply, that may be available in a building or on any property;
"backflow" means the flowing back of or reversal of the normal direction of flow of
water;
"backflow prevention device" means a device that prevents backflow;
"building" shall have the same meaning as set out in the Building Code Act, as
amended, or any successor thereto;
"bulk water user" shall mean any customer who draws water from a pipe located at
the Township's Bulk Water Stations.
"connection" shall mean that part of the water service from its attachment to the
main to the property limit of premises.
"contractor" shall mean a person, partnership of corporation who contracts to under
the execution of work commissioned by the owner of the Township to install or
maintain mains, service mains, services, hydrants and other appurtenances.
"cross-connection" means any actual or potential connection between a potable
water supply or system and any source of pollution or contamination and includes
any by-pass, jumper connection, removable section of pipe, swivel of changeover
device and any other temporary or permanent connecting arrangement through
which backflow may occur;
"Cross-Connection Survey Form" means the form set out as Appendix "B" of this
By-law;
"CSA Standard" means the document entitled CAN/CSA-B64.10-94 & Amendments
- Manual for the Selection, Installation, Maintenance, and Field Testing of Backflow
Prevention Devices published in 1994 by the Canadian Standards Association, or
any successor thereof;
"customer" shall mean any person who enters into a verbal or written contract with
the Township to take water from the Township or to receive water related services
from the Township.
"developer" shall mean the owner or party specifically named in a Development
Agreement or in a Subdivision Agreement.
"Manager" shall mean the Township's Environmental Services Manager.
"external use of water" shall mean the use of water for any purpose outside the
walls of any building located at a municipal address.
"ICI" shall mean with respect to premises that such premises are zoned or legally
used for Industrial, Commercial or Institutional purposes.
"Installation Guide" means the installation drawings governing the installation of
backflow prevention devices as set out as Appendix "D" of this By-law;
"main" shall mean every water pipe, except water services and portions of private
mains as herein defined, installed on the public road allowance or on any other land
upon which the Township has obtained easements.
"meter" shall mean the water meter supplied and owned by the Township to
measure the quantity of water used by the customer.
"meter pit" shall mean any exterior chamber or pit approved by the engineer for
the purpose of containing a water meter.
"multi-residential" shall mean with respect to premises that such premises are
zoned or legally used for four or more residential dwelling units.
"municipal address" shall mean a building or buildings identified by a number
pursuant to Township of Southgate By-law 82-2006, as amended, or as provided
for in any successor by-law thereto.
"occupant" shall include any lessee, tenant, owner, the agent of a lessee, tenant or
owner, or any person in possession of premises.
"owner" shall include any person who, or that, is the registered owner of premises
when considered in the context of this by-law any such person's legal
representatives or agent.
"plumbing system" shall mean the system of connected piping, fittings, valves,
equipment, fixtures and appurtenances contained in plumbing that begins, is
located and is connected immediately after the meter.
"potable water" means water that is safe for human consumption;
"premises" shall mean any house, tenement, building, lot, block or part of a lot or
block in, through, or past which water services run.
"premise isolation" means isolation of the water located within a building or
structure from the Township's water supply;
"private main" shall mean a pipe connected to a main and installed on private
property and from which more than one service and /or hydrant lateral are or may
be connected provided such connections have been approved by the Manager.
"remote read-out unit" shall mean the device installed at a separate location from
the water meter and used to record the consumption reading of the matter.
"residential domestic" shall mean with respect to premises that such premises are
zoned or legally used for three or fewer residential dwelling units.
"Public Works" or "Environmental Services"
"Selection Guide" means the document Backflow Prevention Device Selection Guide
set out as Appendix "C" of the By-law;
"service extension" shall mean the portion of a water service pipe from the property
line to the meter location, or for a fire service to the exterior wall of a structure, i.e.
an extension of a service stub.
"service stub" shall mean the portion of a water service pipe from a main to the
property line which will always include one control valve.
"shut-off valve" shall mean the valve on the water service or private main owned
and used by the Township to shut off or turn on the water supply from the
Township's waterworks distribution system to any premises.
"single detached residence" shall mean a single dwelling which is freestanding,
separate and detached from other main buildings or main structures, including a
split level dwelling, but does not include a mobile home.
"source isolation" means isolation of the water located within or having flowed
through a source or potential source of contamination within a building or structure
including a device, machine, water system or the like, from any potable water
system;
"structure" means anything constructed or built permanently or temporarily which
is provided with a source of potable water;
"subdivider" shall mean the owner or party specifically named in a Subdivision
Agreement.
"tester" means a person who is licensed as a tester of backflow prevention devices;
"Test Report" means a report in the form set out as Appendix "E" of this By-law;
"Test Tag" means a tag in the form set out as Appendix "F" of this By-law;
"Township" shall mean The Corporation of the Township of Southgate.
"water" shall mean potable water supplied by the Township.
"water connection" shall mean a piped connection to the Township's water
distribution system.
"water distribution system" shall mean mains with connections to feeder mains,
feeder mains within subdivision lands, private mains, services, fire hydrants, and
shut-off valves and all other appurtenances thereto.
"water related services" shall include but not be limited to those items set out
under the heading "Miscellaneous Water Rates and changes" in the Water rates and
charges By-law.
"water service" shall mean the pipe and fittings that convey potable water from a
main or private main to the meter location on premises, or, for a fire service, to the
inside of the exterior wall of a structure.
"waterworks" shall mean any works for the collection, production, treatment,
storage, supply and distribution of water, or any part of any such works, but does
not include plumbing to which the Building Code Act, 1997, or any amendments
thereto apply.
"zone isolation" means the isolation of the water located within an area of a
building or structure from any potable water system located within such building or
structure.
Part 2
Application and Scope of By-law
2.1
Municipally controlled waterworks
This by-law applies to the Township's waterworks and to all premises which are
connected to, or are to be connected to, the Township's waterworks and to the
owner(s) and occupants(s) of such premises.
2.2
Management and operation of waterworks
The Township's waterworks system is managed by the Manager and is operated
and maintained under such person's supervision by Township employees duly
qualified to operate municipal waterworks.
2.3
Collection of accounts for water and sewer usage
The Township may use its own employees for the reading of water meters,
preparation and administration of accounts for water use, and sewage system user
charges which are based on the Township's Water and Wastewater Rates By-law in
effect from time to time.
2.4
Collection of all other fees and charges related to waterworks
The Township establishes various fees for Environmental Services and charges
relating to its waterworks, other than usage charges, as part of the Waterworks
schedules to the Township's Fees and Charges By-law. Such fees and charges shall
be paid at the Township of Southgate.
Part 3
APPLICATION FOR WATER SERVICE
3.1
Water service availability
An owner may apply for a water service if such owner's premises abut a water
main. Where a municipal sanitary sewer system also abuts the premises the owner
shall also apply to connect to such sanitary sewer system. The Township shall not
supply water to the applicant's premises unless the premises have been connected
to the sanitary sewer system where a sanitary sewer system also abuts the
premises.
3.2
Application and payment prior to installation
An owner who wishes a water service shall apply for the same in writing to the
Township on a form approved by the Manager before the service connection is
installed, and shall pay for such connection including applicable frontage,
connection, area-wide water system charges and any other applicable charges at
the rates as indicated in the Waterworks schedules to the Township's Fees and
Charges By-law.
3.3
Installation- payment required
The installation of a water service will not be scheduled or commenced until the
required application has been filed and the required payments have been made.
Part 4
WATER RATES AND CHARGES
4.1
Application for water supply
Before the initial supply of water or any subsequent reconnection to any premises
in the Township, the owner shall make written application for the same, and the
owner shall be governed by the requirements of this by-law.
4.2
Water usage charges
The water consumed on all premises connected to the Township's waterworks shall
be charged for at rates as indicated in the Township's Water and Wastewater Rates
By-law in effect and amended from time to time.
4.3
Meter reading and billing
Water meters may be read and accounts shall be rendered monthly, bi-monthly or
on any other basis at the discretion of the Township. The bill shall be deemed to be
served upon the customer if it is delivered or sent by mail to the premises supplied.
4.4
Late payment charge and overdue notice
When an account is not paid by the due date stated on the bill, a late payment
charge, of one and one-half (1.5%) per month will be assessed to the account. The
Township may at any time thereafter cause an overdue notice to be mailed
reminding the customer of the outstanding account.
4.5
Notice of disconnection
Seven (7) days after an overdue notice is mailed, should the account remain
unpaid, the Manager or designated official will deliver or cause to be delivered to
the service address, a notice of disconnection advising the customer that unless
payment is received within 48 hours, service will be disconnected.
4.6
Non-payment - water shut off - lien
If the customer at any premises omits, neglects or refuses to pay any bill rendered,
whether for a water service, meter, service charge or any other monies to which
the Township may be entitled in respect of water services to such premises, the
Township may, at its discretion, shut off or reduce the flow of the water to the
premises. The Township shall provide reasonable notice of the proposed shut off to
the owners and occupants of premises by personal service or prepaid mail or by
posting the notice on the premises in a conspicuous place. All such charges have
priority lien status, and may be collected in accordance with the Municipal Act,
2001, and may be added to the tax roll against the property in respect of which the
water service was supplied.
4.7
Reconnection - charge
Where it has been necessary to discontinue service as a result of non-payment of
an account, a reconnection charge as indicated in the Waterworks schedules to the
Township's Fees and Charges By-law may be levied against the delinquent
customer's account, in addition to the applicable collection charge.
4.8
Temporary removal & reinstallation of meter - charge
When a customer requests a temporary removal of a water meter from premises,
for any reason, the meter removal and reinstallation charge, as indicated in the
Waterworks schedules to the Township's Fees and Charges By-law may be applied
to such customer's account.
4.9
Change of occupancy - charge
At the time of a change in occupancy of premises connected to the Township's
water distribution system, an administrative charge as indicated in the Waterworks
schedules to the Township's Fees and Charges By-law may be levied by the
Township to new customer to cover the cost of administrative work, and the said
charge will be included on the first billing to the new customer.
4.10 Minimum monthly charge - who payable by
The minimum monthly charge for providing and maintaining water supply to a
property is applicable to all premises connected to the Township's water distribution
system.
4.11 Service installation charge
All water services, except those to lands being developed pursuant to a written
development or subdivision agreement with the Township wherein the main is
installed, may be installed either on the basis of the Waterworks schedules to the
Township's Fees and Charges By-law or on an actual cost incurred basis at the
owner's expense, as determined by the Manager having regard to the conditions of
installation.
4.12 Meter testing charge
A charge for testing the accuracy of a water meter may be charged based upon the
Waterworks schedules to the Township's Fees and Charges By-law.
4.13 Special charges
Where any deviation from prescribed standards requested by an owner is
authorized by the Manager the owner shall be charged the actual costs associated
with the deviation.
Part 5
OPERATION WATERWORKS
5.1
Conditions on water supply
The Township shall use reasonable diligence in providing a regular and
uninterrupted supply and quality of water, but does not guarantee a constant
service or the maintenance of unvaried pressure or quality or supply of water and
shall not be liable for damages to a customer caused by the breaking of any water
service or attachment, or for shutting off of water to repair mains or to tap mains, if
reasonable notice of the intention to shut off the water is given.
5.2
Authority for Water Supply
The Township have the sole responsibility, authority, power and capacity to
construct, maintain and operate all municipally-owned waterworks plant and
equipment within its boundaries serving premises within its jurisdiction, and for
establishing the rates to be charged for water delivered to consumers.
5.3
Unauthorized operation of fire hydrants - offence
No person other than a member of the Township's Fire Department, or a person
authorized by the Manager for that purpose, shall be permitted to open or
otherwise interfere with or operate or take water from any private or Township fire
hydrant.
5.4
Unauthorized operation or interference - offence
No person other than a person authorized by the Manager for that purpose shall
open or close a valve, water meter, structure, watermain or water service in the
water works distribution system.
5.5
Use of water from hydrants
Except for water used for fire fighting, any other use of a fire hydrant for water
supply must be approved by the Manager and shall be subject to the terms and
conditions, and charges imposed by the Manager.
5.6
Improper use of water from fire service - offence
Any water supplied or made available for any premises for purposes of protection of
property or persons from fire or for preventing fires or the spreading of fires shall
not be used for any other purpose.
Part 6
WATER SERVICE PIPES
6.1
Installation - by Township - by contractor
All connections shall be installed by the Township and all water services shall be
installed by contractors engaged by the owner for the purposes of such installation,
except in new land development projects where agreements with the Township
require the developer or subdivided to complete connections. The Manager shall
approve the service required, the size thereof and the point of connection to the
main.
6.2
Installation - to Township specifications - Ontario Building Code
requirements
All water services and private mains located within Township property shall be
constructed, and if applicable replaced, according to the Township's Municipal
Servicing Standards. All water services and private mains located on the private
property shall be installed at a minimum depth of two metres (or the Manager has
approved installation at a lesser depth when combined with an acceptable
installation barrier) and shall be installed and if applicable replaced, in accordance
with the Ontario Building Code as revised from time to time and in accordance with
good engineering practices and shall be approved by the Chief Building Official.
Where the Ontario Building Code is silent the Township's Municipal Servicing
Standards shall prevail.
6.3
Installation inspection by Township
All water services and appurtenances installed including those required to be
installed by a Township Subdivision or Development Agreement, must be inspected
by, and any required testing results shall be approved by the Township as specified
in the Township's Municipal Servicing Standards or applicable regulations. The
charge for inspection and review of testing shall be as specified in the Waterworks
schedules to the Township's Fees and Charges By-law.
6.4
Installation - access for inspection
Any persons authorized or directed by the Manager for inspection of waterworks
shall at all times be entitled to enter any premises for the purposes of examining
pipes, connections and fixtures which are associated with a water service subject to
the provisions of the Municipal Act, 2001, as amended.
6.5
Connections to private main and connected to main at two locations
(looped system)
No person shall make a connection to a private main which is connected to the
Township main at more than one location unless between the point of connection
and the meter no further connections are made. This also applies to commercial
properties that are split in two or a combination of tenants be it commercial &/or
residential mix. One lot is provided one service connection only, unless a second or
multiple connections is requested and approved by the Manager in writing.
6.6
Disconnection of service
When a water service is abandoned or no longer in service and no building permit
has been obtained for a replacement building on the premises the water service
must be disconnected at the main, the main must be plugged, and the curb box
and rod must be removed at the owner's expense. All work must be undertaken by
a person authorized and approved by the Manager and shall be inspected by the
Township. The charge for inspection shall be as specified in the Waterworks
schedules to the Township's Fees and Charges By-law.
6.7
Maintenance of connection - Township
All connections shall be maintained by the Township at the Township's expense.
6.8
Maintenance of service extension and private main - owner
Any and all defects to a private main or to any water service other than a
connection shall be repaired by the owner of the affected premises. In the event
the Township becomes aware of any such defect, and upon the Township providing
written notification thereof to the owner, such owner shall repair the defect within
seven (7) days of the date of the notification or within such longer time as the
Manager permits in writing. If the owner fails to repair the defect within such time
period then the Township may turn off the water supply to the premises. If the
Township is ordered or if the owner asks the Township to restore the water supply,
then the Township may repair the defect and charge the costs incurred by it for the
repairs to the owner and collect such cost according to law.
6.9
Operation of shut-off valve
No person, other than persons authorized by the Manager for the purpose shall be
permitted to operate the shut-off valve or curb stop to any premises.
6.10 Access to shut-off valves
All shut-off valves and curb stops must be left clear and accessible at all times so
that the water in the water service pipe and private mains may be turned off or on
as may be found necessary by the Manager or by persons authorized by him.
6.11 Responsibility for protection, water loss, damage
All parts of a water service, other than the connection, to and including the meter
shall be property protected from frost and from any other damage at the expense
and risk of the owner of the premises being serviced. The owner shall be
responsible for any water loss occasioned by a leak in the water service other than
the connection, and the charge for such water loss shall be determined by the
Manager having regard to the size of the water service, and shall be paid by the
owner upon demand by the Township. The Township shall not be held responsible
for any damages arising from such leakage.
6.12 Responsibility - vacant and unheated premises
It is the owner's responsibility to shut off the water supply within premises and to
drain the piping therein when such premises are left vacant or without heat. The
owner or occupant may apply in writing to the Township to have the shut-off valve
turned off to stop water supply to the premises. The valve will be turned on only at
the owner's requested and in the owner's presence. The owner shall pay for this
service at the rate as indicated in the Waterworks schedules to the Township's Fees
and Charges By-law.
6.13 Responsibility - water damage
When any premises are left vacant, unattended or without heat, where the water
supply has not been shut off, and such premises or its contents suffer damage from
a leaking or burst water pipe, the owner or the occupant shall not have a claim
against the Township. Should the Township become aware of such leaking or burst
pipes, the Township shall turn off the shut-off valve, and the water supply shall be
turned on until the Manager considers it advisable.
6.14 Responsibility for frozen pipes - Township - Owner
Thawing out frozen water connections shall be the Township's responsibility.
Thawing out frozen water services other than connections and any internal
plumbing in premises shall be the owner's responsibility. Where any employee of
the Township assists the owner in the thawing of frozen pipes on the owner's
premises, all such assistance work will be considered to be at the owner's risk and
the owner shall have no claim against the Township by reason of such work.
6.15 Responsibility for Hydrant Maintenance
Any hydrant situated within the road allowance is the property of the Township and
shall be maintained by it; Township-owned hydrants located on private property
shall be maintained by the Township. Hydrants on premises owned and paid for by
any persons other than the Township shall be maintained by such persons through
a written agreement with the Township.
6.16 Responsibility to ensure private reservoir
Every owner of premises requiring an uninterrupted water supply because such
supply is essential for boiler or similar purposes shall provide such premises with
holding tanks or reservoirs to provide an ample supply of water to provide for
situations where the Township deems it necessary to shut off the water supply to
the premises.
6.17 Renewal of service - Township - Owner
The Township shall renew connections on public property at its expense and to its
specifications when:
(a)
such piping is deemed by the Manager to be beyond repair;
(b)
the existing pipe material is lead and supplies a residential domestic
premises provided the owner replaces any other part of the water service other
than the connection the service extension which contains lead before the Township
replaces the connection. Replacement piping shall conform to the specifications of
the Township. Replacement pipe shall be the same size as the existing water
service or the minimum size for the area. If an owner requests a larger size, the
owner shall pay the difference in material cost.
6.18 Access - removal - inspection - fittings
Where a consumer discontinues the use of a water service to premises, or the
Township lawfully refuses to continue any longer to supply water to the premises,
the Manager or person authorized by the Manager may, at all reasonable times,
enter the premises for the purpose of disconnecting the supply of the water and
removing from such premises any fittings, machines, apparatus, meters, pipes or
other things being the property of the Township in or upon the premises, doing no
unnecessary damage.
Part 7
WATER METERS
7.1
Water to be metered -remedy for violation
All water used on premises within the Township, except water used for fire fighting
purposes, or water authorized by the Manager for construction or other purposes,
shall pass through the meter supplied by the Township for use upon such premises,
and in addition to whatever other remedies the Township may have by law in
respect to infringement of this by-law, the Township may, upon ascertaining that
water has been used which has not passed through the meter of such premises,
forthwith, without notice, shut off and stop the supply of water. In the event that
premises do not have a meter installed, the owner must request the installation of
a meter and if the owner of such premises fails to make such a request then such
owner shall pay a flat rate for the use of the water at a rate established from time
to time in the Water Rates and Charges By-law and if the Manager reasonably
determines that the owner or occupant of premises not serviced by a meter is
wasting water then the Manager may shut off or reduce the flow of the water to the
premises. The Township shall provide reasonable notice of the proposed shut off to
the owners and occupants of such premises by personal service or prepaid mail or
by posting the notice on the premises in a conspicuous place.
7.2
Supply - installation- ownership - replacement
Any applicable water service connection charge as indicated in the Water Rates and
Charges By-law before the Township will supply the owner with a meter and the
meter must be installed prior to occupancy of premises. The meter shall remain the
exclusive property of the Township and may be removed as and when the Township
may see fit, upon the same being replaced with another meter.
7.3
Installation - maintenance - repair - access
The Township may shut off or restrict the supply of water to a property if the
Township requires access to the property to install, replace, repair, read or inspect
a water meter. Any person authorized by the Manager for that purposes has free
access, at all reasonable times, and upon notice given as set out in section 7.4 of
this by-law, to all parts of every building or other part of altering or disconnecting,
within or without the building as he/she considers expedient and for that purpose or
for the purpose or for the purpose of protecting or regulating the use of the meter,
may set it or alter the position of it.
7.4
Notice required - access
Before shutting off or restricting the supply of water, except where specifically
authorized elsewhere in this by-law, the Township shall,
(a)
by personal service or by registered mail, serve the owners and
occupants of the premises as shown on the last returned assessment
roll of the municipality with a notice of the date upon which the
Township intends to shut off or restrict the supply of water if access to
the property is not obtained before that date;
(b)
ensure that a copy of the notice described in clause (a) is securely
attached to the premises in a conspicuous place.
7.5
No shut off - reasonable effort - gain access
The Township shall not shut off or restrict the supply of water unless it has made
reasonable efforts to gain access to the premises and has been unable to gain
access within fourteen (14) days after the later of,
(a)
the day the last notice under part (a) section 7.4 of the by-law was
personally served;
(b)
the day the last notice under part (a) of section 7.4 of this by-law was
mailed; and,
(c)
the day a copy of the notice was attached under part (b) of section 7.4
of this by-law.
7.6
Restoration of water supply - as soon as possible
If the Township has shut off or restricted the supply of water under section 7.3 of
this by-law, the Township shall restore the supply of water as soon as practicable
after obtaining access to the property.
7.7
Charges - meters - owner to pay
All charges for any of the work and services mentioned in sections 7.3 and 7.6 of
this by-law will be determined by the Manager as indicated in the Waterworks
schedules to the Township's Fees and Charges By-law and will be paid in full by the
owner or the customer, as the case may be.
7.8
Every building metered - Manager's discretion
Premises to which water is being supplied shall be furnished with a separate water
meter, supplied by the Township except where non-compliance is authorized by the
Manager. Additional water meters, supplied by the Township, may only be installed
at the discretion of the Manager.
7.9
Installation to Township Specifications
All waters meters, supplied by the Township or the property owner for the purpose
of Township metering shall be installed to conform to the specifications of the
Township water metering requirements and installation standards to be adhered to
is attached in "Schedule A" that may change from time to time.
7.10 Meter location - Manager to consent to change
The location of a meter, when once installed to the specifications of the Township,
shall not be changed by any person except with the consent of the Manager.
7.11 Private meters - owner responsible
The Township will not supply, install, inspect or read private water meters, nor will
the Township bill consumption on private water meters. Water supply pipes to
private meters must be connected to the plumbing on premises after the
Township's meter.
7.12 Reading meter -access
The Township and persons authorized by the Manager for that purpose shall be
allowed access to premises and be provided free and clear access to the meter
where water is being supplied at all reasonable times for the purpose of meter
reading and meter inspection. If access to premises, or to a meter, is not provided
by the occupant then the provisions of section 7.3 to 7.5 inclusive.
7.13 Leaks must be reported
Any leaks that may develop at a water meter or its couplings must be reported
immediately to the Township. The Township is not liable for damages caused by
such leaks.
7.14 Interference with meters and the connecting plumbing are not
permitted
No person, except a person authorized by the Manager for that purpose, shall be
permitted to open, or in any way whatsoever to tamper with any water meter and
related meter wiring and ground wiring across the meter and remote reader and
connecting plumbing relating to the meter and appurtenances thereto, or with the
seals placed thereon, or do any manner of thing which may interfere with the
proper registration of the quality of water passing through such meter, and should
any person change, tamper with or otherwise interfere, in any way whatsoever,
with any water meter placed in on any premises, the Manager may forthwith,
without any notice, shut off the water supply to such building or premises, and the
water supply shall not be turned on again to such premises without the express
consent of the Manager.
7.15 Owner responsible to repair piping
If, in the opinion of the Manager, the condition of the water service pipe and/or
valves and of the plumbing system on such piping is such that the meter cannot be
safely removed for the purpose of testing, replacing, repairing or testing in place
without fear of damage to the water service pipe and valves, the Manager may
require the owner or occupant to make such repairs as may be deemed necessary
to facilitate the removal or testing of the meter. If, upon notification, the owner
does not comply with the Manager's request, then the water supply to the property
may be turned off at the shut-off valve during removal, replacement, repair and
testing of the meter and the Township shall not be held responsible for any
damages to the owner's property arising from such work.
7.16 Non-functioning meter - amount of water estimated
If, for any cause, any meter shall be found to not be working properly, then the
amount of water to be charged for shall be estimated on the average reading for
the previous twelve (12) months, when the meter was working properly, or, if
unavailable or proven inaccurate, the amount of water to be charged for shall be
estimated on a daily average when the meter is working properly and the charge
for the water for the period during which the meter was not working properly shall
be based thereon.
7.17 Meter testing for customer - deposit - conditions
Any customer may, upon written application to the Township, have the water meter
at the customer's premises tested for accuracy of registration. Every such
application shall be accompanied by a deposit of the fee for testing water meters as
set out in the Waterworks schedules to the Township's Fees and Charges By-law. If
the meter is found to register correctly, slow or not to exceed five percent (5%) in
favour of the Township when tested at a flow rate of one gallon (4.54 litres) per
minute, the customer's deposit shall be forfeited towards the cost of the test. Any
additional expense of removing and testing of the meter will be paid for in full by
the customer. If the meter is found, when tested to register in excess of five
percent (5%) a refund will be made to the customer equal to such excess
percentage of the amount of the account for the period of four (4) months prior to
such testing of the meter, plus the customer's deposit for the test.
7.18 Meter reading supersedes remote device reading
Where the water meter is equipped with a remote read-out unit of any type and a
discrepancy occurs between the reading at the register of the water meter itself and
the reading on the read-out device, the Township will consider the reading at the
meter to be correct, and will adjust and correct the customer's account accordingly.
7.19 Frozen or tampered with water meters
It is the responsibility of the owner of the property or his assigns including tenant
to ensure that the area around a water meter is properly heated to prevent damage
to the Township meter. If a meter is tampered with, frozen and / or damaged the
Township must be advised as soon as is possible to inspect the meter. The property
owner will be responsible for the replacement cost of any meter tampered with or
frozen and / or damaged at the rates set in the Waterworks schedules to the
Township's Fees and Charges By-law for the new meter and labour installation
costs.
7.20 Meter bypass valves
Any customer requiring bypass valves for uninterrupted use during the period of
servicing of a water meter will require written approval from the Manager. All costs
associated with this installation will be the property owners' responsibility and must
be installed in such a manner that it is secured by a seal & tag placed on the valve
by the municipality.
Part 8
CROSS CONNECTIONS AND BACKFLOW PREVENTION
8.1
Scope of Part 8
All sections of Part 8 of this by-law apply to existing industrial, commercial,
institutional and multi-residential buildings and structures, except buildings of
residential occupancies within the scope of Part 9 of Ontario Regulation 350/06
("the Ontario Building Code").
8.2
Additional scope of Part 8
In addition to and notwithstanding section 8.1, Part 8 of this by-law applies where a
condition exists in any building or structure that may be hazardous or detrimental
to the potable water supply.
8.3
Cross connection prohibited
No person or owner shall connect, cause to be connected, or allow to remain
connected to the Township's waterworks supply or water service or any other
potable water system any piping, fixture, fitting, container, appliance, vehicle,
machine or the like in a manner which may under any circumstance allow water,
waste water or any other liquid, chemical or substance to enter such supply or
system, expect in compliance with the provisions of this Part 8.
8.4
Backflow prevention device - installation
In addition to section 8.3 and in accordance with all other provisions of the Part,
every owner of premises to which the Part applies shall ensure that a backflow
prevention device is installed in respect of premise isolation, source and zone
isolation in every building or structure where a Township waterworks supply or
other potable water exists.
8.5
Auxiliary water supply prohibited
No person or owner shall connect, cause to be connected, or allow to remain
connected to the Township's waterworks supply any auxiliary water supply.
8.6
Authorized persons to perform work
Only the persons listed in the Authorized Functions List attached as Appendix "A" to
this by-law shall carry out the corresponding functions set out in such List.
8.7
Application of CSA Standard
The installation, maintenance and field testing of backflow prevention devices shall
be in accordance with the CSA Standard B 64.10.1 except as otherwise set out in
this Part. Wherever the CSA Standard and this Part are in conflict, the provisions of
this Part shall prevail.
8.8
Completion and submission of surveys
Every owner of a building or structure of a type set out in sections 8.1 and 8.2 of
this Part shall every five years or as otherwise required by the Township, cause to
be carried out a survey of the building or structure with respect to all existing
cross-connections and all existing and required backflow prevention devices and:
(a)
shall ensure that such survey is carried out on a Cross-
Connection Survey Form by a person permitted to do so
pursuant to the Authorized Functions List; and,
(b)
shall ensure that the completed Cross-Connection Survey Form
is provided to the Township within 14 days of the survey being
conducted.
8.9
Backflow prevention devices - testable
Every owner shall ensure that every backflow prevention device required for
premise isolation on his or her premises is a testable device and is the proper
device to be used pursuant to section 8.10 of this Part.
8.10 Determination of appropriate backflow prevention device
Backflow prevention devices for premise, source or zone isolation shall be
determined:
(a)
using the Selection Guide; or
(b)
when the type of cross-connection is not identified in the
Selection Guide, by a professional engineer using the CSA
Standard.
8.11 Township may specify device
Despite section 8.10 of this Part, the Township may require that a particular
backflow prevention device be used in respect of any cross-connection.
8.12 Dual check valve prohibited for premise isolation
Despite section 4.3.4.2(a) of the CSA Standard, a dual check valve device shall not
be used for premise isolation.
8.13 Exception where device installed on equipment by manufacturer
Despite section 8.10 of this Part, where a source isolation backflow prevention
device has been installed by the manufacturer of equipment, the cross-connection
is required to be reviewed to determine if the backflow prevention device meets the
requirements of the Selection Guide. These cross-connections are to be indicated
on the Cross-Connection Survey.
8.14 Installation of backflow prevention devices
Every person installing a backflow prevention device shall ensure that:
(a)
such device is installed in accordance with acceptable
engineering practices and the requirements of the Ontario
Building Code as amended, this Part, the Installation Guide and
the CSA Standard;
(b)
such device is installed in a building or structure:
(c)
such device is located in such a manner so that in the event of
backflow the device prevents contamination of the Township's
waterworks supply and any other potable water system;
(d)
where such device is installed in respect of premise isolation,
such device is located within a maximum of 3.0 metres
downstream of the water meter, except where circumstances
require the device to be installed up stream of the water meter
and such location is to the satisfaction to the Township:
(e)
where such device is installed in respect of premise isolation, all
piping between the water meter and such device is clearly
labeled "no connection permitted";
(f)
where such device is installed in respect of source or zone
isolation, all piping between the point of contamination and the
point at which the device is located is labeled "non-potable
water" in the case of a fire sprinkler system where the source of
water is off the municipal watermains or the internal potable
water service which is preferred must have a backflow
preventer; and
(g)
where such device is installed in a public pool as defined in the
Ontario Building Code as amended, all exposed water piping and
chlorine piping within the water treatment service room shall be
colour coded by means of:
[1]
painting the entire outer surface of the piping, or
[2]
colouring bands at least 25mm (1in) in width that are
spaced along the piping at intervals of not more than
1200mm (4ft 1 in)
[3]
colour coding shall be yellow for chlorine and green for
potable water.
8.15 Obligation to maintain
Every owner of property upon which a backflow prevention device is installed shall
ensure that such device is in proper working order at all times.
8.16 Testing of devices
Every person who tests a backflow prevention device shall carry out such testing in
accordance with this Part and the CSA Standard provided that in addition to the
testing methods set out on section 6 of the CSA Standard, test procedures
established by the ASSE or AWWA for testing backflow prevention devices may be
employed and despite section 6.3.1 of the CSA Standard, every person who tests a
backflow prevention device shall enter the results of such test on a Test Report.
8.17 Submission of test reports to Township - attach test tags
Every person who tests a backflow prevention device shall:
(a)
within 14 days of carrying out such test, provide a legible Test
Report to the Township in respect of such test; and
(b)
upon completing such test, complete and affix a Test Tag to the
device or immediately adjacent to the device in the piping
connected thereto.
8.18 Malfunctions - notice to owner and Township
Every person who tests a backflow prevention device shall upon finding that such
device is malfunctioning or otherwise not in proper working order, immediately
notify the owner of the premises and the Township of such condition.
8.19 Owners testing obligations
Every owner who has one or more backflow prevention devices located on the
owner's premises shall ensure that with respect to each device:
(a)
that it is tested by a tester when it is first installed and annually
thereafter or when requested by the Township and also when it
is cleaned, repaired, overhauled or relocated;
(b)
when such device is tested that a Test Report of such test is
provided to the Township within 14 days of the test being
conducted; and
(c)
in the event that such device is malfunctioning or otherwise not
in proper working order, the device is immediately repaired or
replaced.
8.20 Inspections
The Township may at any reasonable time enter onto the property of any owner to
inspect for compliance with this Part. Where the Township finds that a condition
exists on any property that may allow contamination of the Township's water
supply or the contamination of any other potable water system on such property,
including any residential building or structure, the Township may:
(a)
order the owner to eliminate the condition and in so doing may
prescribe the time period for compliance with such Order; or
(b)
shut off the water supply to the property or any portion thereof
until the condition is eliminated.
8.21 Tests, reports and actions required by Township
In addition to any other provision of this Part, the Township may at any time order
an owner to conduct tests, provide reports and undertake any other measures
required for the prevention of backflow or protection of a cross-connection.
8.22 Extensions of time
Where a test frame is set out in this Part for carrying out any action, the Township
may extend the time for compliance beyond the established time frame provided
such extension is required and is acceptable to the Township.
8.23 Appendices
Appendices "A" through "G" inclusive and the CSA Standard shall form part of this
Part.
8.24 Date of compliance
Installation of Backflow Prevention Devices occurred prior to the date set out below
for the degree of hazard determined with reference to the Selection Guide:
(a)
if the degree of hazard is severe the installation deadline date
was June 1, 2010
(b)
if the degree of hazard is moderate the installation deadline
date was June 1, 2010
Note to Part 8 - not forming part of this By-law
A building permit may be required pursuant to the Building Code Act to
install a backflow prevention device. The provisions of the Act pertaining to such
building permit continue to apply to each installation in addition to the provisions of
Part 8 of this By-law. Permits are required for devices as noted in the Cross-
Connection Survey Form.
Part 9
USE OF WATER
9.1
Regulations - use of water externally
For the purpose of limiting the consumption of water as necessary:
(a)
the external use of water is permitted:
(i) on even calendar dates at all municipal addresses north of
and including Main Street north between 7 pm - 9 pm.
(ii) on odd calendar dates at all municipal addresses south of
and including Main Street south between 7 pm - 9 pm.
(b)
the Manager is authorized to implement at any time any other
regulation which the Managers discretion, the Manager
considers advisable to limit the external use of water and this
authority includes the right to ban completely the external use
of water.
(c)
Notice of the implementation of a water use regulation by the
Manager and the effective date thereof shall be given
immediately in a manner determined by the Manager.
(d)
Upon the announcement of the implementation of a water use
regulation by the engineer, no person shall use water except in
accordance with the provision of such regulation.
9.2
Regulations - prohibited use of water
No person shall use water for the purpose of heating, refrigeration or cooling of
premises or equipment.
9.3
In-ground water irrigation systems
No person shall install an in-ground irrigation system using water supplied by the
Township unless such system has been approved in writing by the Manager and is
equipped with the appropriate backflow prevention device.
Part 10
PROHIBITIONS
10.1 Prohibitions under this by-law
No person shall:
(a)
willfully hinder or interrupt, or cause to be hindered or interrupted, the
Township or any of its officers, employees, contractors or agents in the exercise of
any power or right conferred by this by-law;
(b)
willfully let off or discharge water so that the water runs to waste out
of the waterworks or any plumbing connected thereto;
(c)
being a customer, owner, occupant or inmate of any house, building or
other premises supplied with water from the waterworks, improperly waste the
water supplied by the Township;
(d)
being a customer, owner, occupant or inmate of any house, building or
other premises supplied with water from the waterworks sell or dispose of such
water, give it away, permit it to be taken or carried away, or be used or applied to
the use or benefit of another without the consent of the Township;
(e)
without lawful authority willfully open or close any valve or hydrant, or
obstruct the free access to any hydrant, stopcock, valve, chamber or pipe forming
part of the waterworks by placing on it any building material, rubbish or other
obstruction;
(f)
deposit any injurious or offensive matter into waterworks;
(g)
willfully alter or tamper with any meter placed upon any service pipe
or connected therewith, within or without any building or other place, so as to
lessen or alter the amount of water registered on such meter;
(h)
lay or cause to be laid any pipe or main to connect with any pipe or
main of the waterworks, or in any way obtain or use the water without the written
consent of the Township.
(i)
use water externally except in accordance with the regulations set out
in Part 9 of this by-law.
(j)
connect a private water supply system in any manner to the
Township's waterworks or any plumbing connected to the Township's waterworks.
Part 11
ENFORCEMENT
11.1 Fine - for contravention
Any person who contravenes any provision of this by-law is, upon conviction, guilty
of an offence and is liable to a penalty as provided in the Provincial Offences Act.
11.2 Continuation - repetition - prohibited - by order
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, and such order shall be in addition to any
other penalty imposed on the person convicted.
11.3 Offence -additional -willful damage
Every person who willfully or maliciously damages or causes or knowingly suffers to
be damaged any part or component of the waterworks or a meter belonging to the
Township is guilty of an offence and on conviction is liable to a penalty as provided
in the Provincial Offences Act.
Part 12
DELEGATION BY MANAGER
12.1 Manager may delegate
Any authority or power given to the Manager under this by-law may be delegated
by the Manager to a qualified member of the Township's Water Department.
Part 13
PREVIOUS BY-LAW REPLEALED
13.1 Repeal - previous by-laws
This By-law 12-2011 when placed into force repeals all previous by-laws relating to
these matters of the Public Utilities Commission of the former Village of Dundalk
and all amendments to such by-laws are hereby repealed.
Part 14
SHORT TITLE
14.1 Short Title
The short title of this by-law shall be the Township of Southgate Water By-law.
Part 15
EFFECTIVE DATE
15.1 Effective Date
This By-law comes into force and effect on the day it is passed.
Read a first, second, and third time and finally passed this 16th day of
February, 2011.
_"Brian Milne"____________
"Dave Milliner" ___________
Mayor Brian Milne
Deputy Clerk Dave Milliner
Township of Southgate Water By-law 12-2011
"Schedule A"
Water Meter Specifications for the Township of Southgate:
Water Meter Manufacturer: Neptune Technology Group
Water Meter Model #:
E-coder R 900i
Specifications on the Backflow Prevention Requirements: per Appendix C
Specifications on the Pressure Expansion Tank Requirements:
per 2006 Ontario Building Code Article 7.6.1.16
Specifications on the Shut-off valve installed before the Water Meter:
per 2006 Ontario Building Code Article 7.6.1.3
Installation Inspection of Water Meters installed by Contractors
Water meters and supporting hardware as is specified above and is being installed
by a contractor other than the Township's staff or the direct manufacturer must be
inspected by the Township's Staff upon completion of work for compliance and
tagging with seals. Failure to comply will restrict the supplying of water to the same
property until inspection has been completed.