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THE CORPORATION
OF THE TOWNSHIP
OF STIRLING-RAWDON
BY-LAW No. 947-13
ENTITLED a by-law respecting water works in the Township of Stirling-Rawdon.
WHEREAS Section 11 of The Municipal Act, R.S.O. 2001, c. 25, as amendedauthorizes
Council to pass by--lawsto regulate PublicUtilities includinga public water system and to
regulate the supply, distributionand use of the water, including the restricting of certain
types of uses in order to preserve adequate supplies for essential purposes including
domestic use and ?re?ghting purposes, and to prevent the practice of frauds upon the
Township with the water so supplied.
AND WHEREAS The Corporation of the Township of Stirling-Rawdon(the "Township")
owns, operates, through a contract
with the Ontario Clean Water Agency and maintains the
Stirling Water System Facility;
AND WHEREAS it is deemed desirable and expedient to pass a by--law respecting said
Water works owned and operated by or for the Township to ensure that there is a continued
supply of water to those persons to whom water is supplied from such water works.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
STIRLING-RAWDONHEREBY ENACTS AS FOLLOWS:
1. De?nitions:
1.1
"Applicant"shall mean a land or property owner or agent acting on behalf of a
land or property owner.
1.2
"Council" shall mean the Council of the Corporation of the Township of Stirling-
Rawdon.
1.3
"Of?cer" shall mean any person designated by the Corporation of the Township
of Stirling-Rawdonas By--lawEnforcement Of?cer and shall includebut not be
limited to the following: Public Works Operator In Charge, Public Works
Manager. etc.
1.4 "Ontario Clean Water Agency" (OCWA) shall mean the agency under contract
with the Township and designated as the Overall ResponsibleOperator for the
municipal Waterworks.
1.5
"Overall Responsible Operator" (0R0)
shall mean a licensed operator under
contract with the Township to administer and operate the municipal waterworks
system in accordancewith all municipal, provincial and federal legislation.
1.6 "Public Works Manager" shall mean the Public Works Manager of the Township
of Stirling-Rawdon and/or designate.
1.7 "Stirling Water
System Facility" shall mean the well building located at 93
Elizabeth
Street, four (4) municipal wells, treatment
facilities, distribution mains
and water
storage facility in the former Village of Stirling.
1.8
"Township" shall mean The Corporation of the Township of Stirling--Rawdon.
1.9 "Treasurer" shall mean the Treasurer of the Corporation of the Township of
Stirling-Rawdon.
1.10 "Waterworks" shall mean all water treatment, distribution, storage and pumping
systems now or in the future owned and operated by or for the Township and
located in Ward 2, former Village of Stirling.
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By-law No. 947-13
2.
Authority
2.1 Council shall be the authority responsible for the operation of the Water Works,
including the setting of rates, the engaging of employees, the payment
of accounts
and all other things necessary for the successful operation of the Water Works.
3.
Requirement to Connect
3.1
3.2
3.3
The owner
or occupant of every lot or parcel of land which is built upon that
derives an immediate bene?t from the construction of a watermain along the
street abutting such lot or parcel of land shall, within six months of the Township
giving notice, connect the lot or parcel to the watermain at the owner's expense.
The owner shall pay all costs for constructing laterals and connections to the
watermains and such work shall be done in accordancewith the provisions of this
by-law.
No cross connection between any other water supply system and the Water
Works shall be permitted.
4. Application for Water Service
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
Water service will be introduced into buildings or lots and water will be turned
on for premises where services have already been installed only upon the written
request of the OWner
thereof or his duly authorized agent in writing.
In every case in which there is a change of ownership of premises supplied with
water, the new owner shall notify the Township of the change of ownership.
An application for the supply of water shall be made on a form to be provided by
the Township and the applicant shall furnish such informationas Council shall
request.
The owner of the land shall agree to pay for the water supplied on such basis as
Council may determine.
A Water Service Permit for water servicesand connections to watermains
including upgrades to an existing water service, if changing size and/or location,
shall be secured from the Public Works Manager or designate under the advice of
the 0R0 before any work is undertaken and all work shall be carried out strictly
in accordance with such terms and conditions as maybe set out in the permit
application.
All applicable fees associated with the application for a water service, such as
servicepermit fees, inspection fees and deposits, or any other fees set by Council
by resolution from time to time must be paid prior to the installation.The water
servicepermit fee and the inspection fee are non-refundable.
The applicant shall be responsible for any costs associated with inspections by
Township employees or designate.
No work may be done on eitherthe installation or the repair of watermains and
services without the approval of the Township.
The receipt of an approved water permit does not eliminatethe applicant's
responsibilities for any other applicable permits or authorizations.
5. Installation of Water Services
5.1 Where a service pipe enters the building a "stop and drain cock" shall be placed
immediately inside the cellar or basement wall, so that there is a ready means of
closing off the water in order to carry out repairs to the service pipes inside the
building.
Said "stop and drain cock" is also a convenient means of closing off
the water
in the building when the building is vacant
thereby protecting the
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
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By--lawNo. 947-13
pipes and ?ttings against frost during the winter months.
The service pipe shall be laid dOWn from the watermain to the curb stop by
the Township or by a contractor
approved by the Township. The service
pipe ?om the curb stop to the building shall be laid by a contractor
hired by
the owner.
Where a new water connection is permitted along a trunk watermain and water
pressure exceeds 100 psi, the owner will be responsible for obtaining apressure
reducing valve. The owner will be responsible for the installationand mainten-
ance as per manufacturer's recommendations, which will be provided with the
pressure reducing valve.
'
The Owner shall pay on demand all costs for laying a service pipe from the
watermain, for constructing water services and connecting to the watermain and
for all other expenses necessary
or incurred to serve an applicant or property,
and if not so paid, may be collected inthe same manner as water rates.
All new services and /or replacements in whole or in part, of existing services
shall be constructed in such manner, size and material and grade and with such
appurtenances
as the Public Works Manager or designate under the advice of the
ORO shall require, and no such services shall under any circumstances be
closed or back?lled
until examined, tested and approved in writing by the
Superintendent or designate. In the situation where the applicant wishes to
connect to a service previously provided to the property line, and the service is
no longer as per current Township standards, the Township will be responsible
to upgrade the service ?'om the watermain as per current speci?cations at the
direction of the Public Works Manager under the advice of the 0R0.
Testing where required shall be at the expense of the permit applicant.
All plumbing and pipe work on private property shall be installed in accordance
with Part 7, (Plumbing) of the Ontario Building Code, the Ontario Provincial
Standard Speci?cations and Township standards. Should there be con?icts
between standards and codes, the direction of the CBO shall be ?nal.
Bedding material and location of pipes shall be in accordance with standards
established by the Public Works Manager.
The Public Works
Manager and 0R0
or designate shall, from time to time,
during the progress of the laying and construction of all services, inspect the
same, and may revoke the permit and order the work of construction to be
stopped if the work done or the material used is not as required by him/her and
by this by--law.
5.10No person shall damage or injure any services connecting with any watermain.
6. Maintenanceby Township
6.1
6.2
6.3
No person shall injure, break or remove any portion of any valve, curb stop,
hydrant, meter, back?ow
prevention units or any part of any waterrnain or
obstruct the ?ow of water in any part of the system, unless approved in writing
by the Public Works Manager
under the advice of the ORO
or designate.
All watermains and services connected thereto ?om the main up to and
including the connection and shut-off valve at the street-line shall be repaired
and kept in order at the expense of the Township.
Where a water service on private property
isjointly owned and such service
requires servicing and/or repairs, the Township may a?er giving adequate notice
to the owners by personal delivery or by registered mail, repair the service(s)
and levy the cost on the taxes of the owners of the service(s).
Maintenance
By Consumers
7.1
7.2
7.3
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By--lawNo. 947-13
Every person taking water must at his own expense keep his service pipe or pipes,
from the curb stop to the interior face of the outer wall of the building and all
appliances and ?xtures connected therewith, in good order and condition.
Any damage or leak or other maintenanceof the service pipes ?om the curb stop
to the building shall be forthwith repaired by the owner or occupant of the
building to the satisfaction of the Township, and in default of his so doing,
whether noti?ed or not the Towuship may enter upon the land where the service
pipe is and repair the same and charge the cost thereof to the owner or occupant of
the premises and the same may be collectedin the same manner as water rates.
Should the said pipes, appliances and ?xtures get out of repair and not be
forthwith repaired it shall be lawful for the Township to refuse to continuethe
supply of water until such repairs have been affected.
8. Inspections
8.1
8.2
8.3
8.4
Water pipes, ?ttings, etc. must be inspected, tested and approved by an authorized
agent of the Township before regular water service commences.
The of?cers or employees of the Township shall be at all times entitled to enter
any premises for the purpose of examining pipes, connections and ?xtures which
are used in connection with the water service. The location of a meter, once
installed to the approval of the Township, shall not be changed by any person
except with the written consent
of the Township.
All service pipes and connections shall be inspected by an authorized of?cer or
employee of the Towuship prior to back?llirrg and when back-?lled such service
pipes and connections shall be properly protected from frost at the expense of the
owner of the property
for which such services are supplied and shall be so
protected from all damage whether by frost or otherwise and the owner of each
building shall be responsible for the due protection of such service pipes, and in
the case of leakage such owner shall be responsible for the loss occasioned by
such leak and the charge for such water so leaking shall be determinedby the
Public Works Manager and the cost thereof shall be paid by the owner forthwith
upon demand and such owner shall be responsible for all damage arising from
such leakage.
Inspection of water service to new buildings will be performed by the Township
Building Department, whereas inspection of water service to existingbuildings
will be performed by the Township Public Works Department. All inspections
will require written approval before work is continued.
9. New Connections through Development or Extension of Services
9.1
9.2
9.3
All mains and services which are laid or installed in public streets shall become
the property of the Township.
Where mains and services are installedby a developer, all the works shallbe
supervised by the Township and legal agreements
will be required prior to the
commencement
of the installationstating that the Township will become the
owners of the installationon their completion. The Township requires
detailed drawings of the proposed
work and construction
shall not proceed
until the drawings are approved by the Township's Public Works Manager/
Engineer or designate and a Ministry of Environment certi?cate of approval
is issued.
All new watermains are to be disinfected as per the Ministry of Environment
Procedure for disinfection of Drinking Water in Ontario, as amended,and the
disinfection procedure must produce acceptable bacteriologicalresults as per
Ontario Regulation 170/03,as amended.The Township must be satis?ed that
the water meets provincial drinking water bacteriologicalrequirements before
allowing connection to existing water distribution systems.
9.4 New service connections to existing watermains shall be made by the Township
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By--lawNo. 947-13
or an approved contractor and all applicable fees for the connection such as
service permit fees, inspection fees,and deposits, or any other fees as set by
Council by resolution from time to time must be paid prior to the installation.
10. Water
Shut Off Notices
10.1
10.2
If a watermain shutdown is necessary in order to conduct work under articles 4,
6, and/or 8 of this by-law and where line consumers will be affected, the
applicant for the work will be responsible for notifying all affected consumers of
a potential loss of water supply in a format approved in writing by the Public
Works Manager. The notice must be clearly printed, with the date of shutdown,
duration and contact number for any questions, and delivered 24 hours in
advance minimum to all affected properties.
Water shut downs will only be allowed with the PublicWorks Manager's approval
under the advice of the 0R0.
11. Meters, Back?ow
Preventers, Pressure Reducing Valves and Service Fixtures
11.1
11.2
11.3
11.4
11.5
11.6
11.7
11.8
The requirement for a back ?ow prevention device on new buildings shall be as
per the latest editions of the Ontario Building Code and Guide for Plumbing. In
addition, a back?ow
prevention device,is required for all new commercial,
industrial or institutionalpremises. This shall exclude domestichot water heaters
as a source of over pressure over?ow.
Those devices must be regularly
maintained at the cost of the owner and maintenance records available for
inspection by Township employees, as required.
Contractor's installation includes the installation of the water meter, pre-wiring
of meter remote, back?ow
preventer
(where applicable) and pressure reducing
valve (where applicable).
The location of the remote receptacle assembly will be based on the following
considerations:
11.3.1Proximity to the meter and telephone line;
11.3.2Location where the cable entry hole can be drilledwithin the
proximity of the meter installation;
11.33 Location of other meters (electric and gas);
11.3.4Reasonable customer preferences; and
11.3.5Ability to read multiple meters from a common location.
Water meters shall be purchased through the Township for new construction at
a fee as set from time to time by resolution of Council shall be collected by the
Township.
Back?ow
preventers
shall be purchased through the Township or by the owner
for new construction. Back?ow
preventers
purchased by the owner shall be
approved by the Township.
All meters, meter remotes, pressure reducingvalves and back?ow
preventers
shall be accessible to the of?cers of the Township at all times and shall not be
covered except where permission or authority had been given in writing by an
authorized employee of the Township.
In the event that a meter, meter remote, pressure reducing valve or back?ow
preventer
is not accessible, it shall be made accessible at the cost of the property
owner.
Every separate building supplied with water, with the exception of private
garages attached to any residence, shall be furnished with a separate
service and
meter/remote, and in the case of duplex houses and other buildings with more
11.9
11.10
11.11
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By--lawNo. 947-13
than a single family unit there shall be a separate service and meter/remote for
each single family unit.
Similarly, each unit within a multiple commercial and industrialbuilding must
be ?nnished with a separate meter, remote and back?ow
preventer.
Every property owner shall be liable for the safety and care of the water meter
and all other service equipment placed on his property,
and will be charged for
all damage thereto, whether occasionedby frost, hot water, blows or injury from
any other cause, and for the loss of the meter or other service equipment if the
same be removed ?om his premises without the consent of the Township
whether stolen or otherwise, and the cost of every such meter or other equip-
ment, or of repairing or replacing the same, shall be payable to the Township on
demand and in default of payment, the Township may, in addition to all other
remedies which it may have by law collect same, and until paid all such charges
shall be and remain a lien upon the lands in respect to which they were incurred.
Every property
owner shall be responsible for the installationof a new meter or
other service equipment, including service pipes when damages, as detailed in
clause 11.10 of this by--law,occur.
11.12No person, except an officer or employee of the Township, shall be permitted to
open, or in any way howsoever, tamper with any water meter, remote, service,
curb stop or with the seals placed thereon, or do any manner of thing which may
interfere with the proper registration of the quantity of water passing through
such service or meter nor should any person change,tamper with or otherwise
interfere with the water without any notice, shut off the water from such
buildings, or premises, without the express consent
of the Township.
1113 In case any premises be le? vacant
or without heat, the property owner or
occupant thereof shall give notice to the Township and any occupant
or property
owner who leaves his premises vacant, without heat, without notice to the
Towuship shall be subject to the penalties of these conditions.
11.14When such building is left vacant, with or without notice, the Township may
turn off the water, and such water shall not be again turned on until the
Township, in its discretion, shall consider it advisable.
11.15 Ownership of the meter will vest in the Township.
12.Water
12.1
122
12.3
12.4
for Building Purposes
An application for water use during construction shall be made on the prescribed
form to the Township Building Department at the time of procuring a building
permit.
The charge for such supply of water shall be based upon a rate for a reasonable
quantity of water
as determinedby Council by resolution from time to time and
subject to such penalties for waste or extravagance
as the Council may elect and
such a charge shall be paid to the Treasurer.
Water for building purposes shall only be taken from completed andTownship
approved
water
service
to the site.
The termination
at the service
must
not allow
any back?ow
conditions into the distribution system and be controlled by a
suitable valve.
The Township can revoke this supply at any time if abused, and no re?ind will
be provided.
13.Turning on Water
13.1No person other than a Public Works Department employee or designate
employed by the Township shall be permitted to turn on or shut off water by
means of the street shut-OE?om any premises. This will be strictly enforced and
anyone who contravenes
will be charged under Section 22 of this By--Jaw.
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By--lawNo. 947-13
13.2A diagram showing the installed service, as constructed, must be submittedby
the applicant using schedule C of this by--lawafter the installationhas been
completed and before the Township turns on the Water.
14. Use of Water
14.1It shall not be law?rl to use the supply of water for hydraulic elevators or motors,
water driven appliances, whether operated wholly or in part by water, or for air
conditioning except where a special agreement has been entered into with
Council.
14.2Council may at any time restrict the hours when water may be used for, including
but not limited to, watering or sprinkling, by hose or pipe connections, lawns,
gardens, grass plots, boulevards or grounds of any description, car washing and
?lling of pools.
15.Hydrants
15.1
No person shall at any time open or use water from any public hydrant except
a licensed water distribution operator employed by the Township. The
members of the Fire Department under the direction of an officer shall be
considered as licensed operators
for the purpose of opening hydrants only.
15.2 The Fire Department will advisethe Public Works Manager in writing before the
end of the next working day if any hydrant has been operated by the Fire
Department.
16. Shut Off
16.1 That a fee of $125.00 per time in excess of two times per year, be charged to the
consumer to shut-off water during normal working hours.
16.2 That a fee of $125.00 per time be charged to the consumer to shut-off water after
normal working hours (i.e. after 3:30 pm. daily and on weekends and holidays).
16.3 Council shall have the right to shut off water from the premise of any person
guilty of a breach or non-compliance with this by--lawor because of waste,
breakage or defects in the pipes or ?xtures and not turn on the water again until
the penalty or ?ne imposed has been paid and/or until satisfactory evidence is
received that the necessary repairs have been made.
17. No Liability for Non-Supply
17.1 Council agrees to use reasonable diligence in providing a regular and
uninterrupted supply of water consistently meeting quality and standards as
de?ned in the Provincial Drinking Water Regulation, O.Reg. 170/03,as
amended, but does not guarantee
a constant supply or pressure, and will not be
liable in damages to the consumer or third parties for any results arising from
the failure of the water supply quantity or any ?uctuations
thereof.
18.Water Supply Interruptions
18.1 Subject to the notice requirements set out in sections 9, 20 and 21 of this by--
law, the water
supply may be interrupted for cleaning and/or repairing mains
or pipes, or for effecting repairs to the machinery, pumps or any part of the
Water Works.
182 The Township will not be liable in case of damage to boilers, ?ttings or other
property
by reason of any such shutoff of the water.
18.3 All steam and hot water plants, or installations shall be ?tted with all
necessary appliances as may be requisite for the purpose of safeguarding such
plants and installations, and the property
in connection therewith, in case of
any such shut-off.
» 8 -
By--lawNo. 947-13
19. Meter Chambers
19.1
19.2
19.3
19.4
Wherethe Township deems the construction of a frost-proof chamber(s) is
necessary
to house Township's water meter(s), it shallgive notice in writing
accordingly mailed to the consumer by registered mail and the consumer shall
forthwith provide a drained ?'ost--proofchamber(s). The plans and speci?cations
of which shall be subject to the approval of the Township.
The cost of providing and maintaining such a frost-proof chamber(s) readily
accessible at all times shall be at the expense of the consumer.
The water
meter
or meters shall be provided by and remain the property
of the
Township but shall be at the risk of the consumer.
The consumer assumes the
cost of the water
meter purchase.
The Township shall be entitled to shut off all water services without ?nther notice
at the expiry of six months from the date of the aforesaid written notice to the
consumer, whether received by the consumer or not, unless an approved frost-
proof chamber or chamber(s)has (have)been provided by that date and shutting
off water
shall not preclude any and all other remedies
20. Access
20.1 The authorizedof?cers, employees and agents of the Township shall, when
carrying out Township business, have, at all reasonable hours, ?ee and
unimpeded access to the buildings and premises of a consumer for the purpose of
installing, examining, repairing or moving meters, readers, seals,pipes and other
material and appliances and for the inspection of all consumer appliances,
services and pipes and to remain as long as may be necessary to carry out the
requirements of this by--lawand to determine Whether or not the provisions
thereof are being fully observed.
21. Heavy Consumption
21.1
21.2
21.3
21.4
When, in the opinion of the Township, the quantity of water consumed or likely
to be consumed in a relatively short time by any consumer is such as to require
special facilities, the Township shall give notice in writing, accordingly mailed to
the consumer by registered mail and the consumer shall forthwith provide a
private overhead or underground reservoir of a capacity which in the opinion of
the Township is suf?cient to supply the consumer's short time requirements. In
areas susceptible to low pressure, a booster pump will be required at the
consumer's expense.
Plans and speci?cations of such reservoir and all piping thereofand connections thereto
shall be subject to the approval of the Tovmship in addition to such other approval as
may be required.
The cost of providing and maintaining such reservoir and all piping and
connections thereto shall be at the expense of the consumer.
The Township shall be entitled to shut o?' all water without further notice at the
expiry of six months from the date of the aforesaid written notice to the consumer
whether such notice was received by the consumer or not unless an approved
reservoir has been provided by that date and shuttingoff water shall not preclude
any and all other remediesavailable to the Township by by--lawor statute.
22. Restrictions on Use of Water
22.1
22.2
In the case of an emergency
or any condition requiring repairs to any municipal
sewer or water system, the TOWnshipmay shut off or restrict the supply of water
to a property.
Before shutting o?' or restricting the supply of water, the Township shall, except
in the case of an emergency:
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By-law No. 947-13
2.2.1
by personal service or by registered mail, serve the owners and occupants
of the
property as shown on the last retumed assessment
roll of the Township 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 obtainedbefore that date; or
22.2.2ensure that a copy of the notice describedin clause22.2.1 is securely attached to
the property in a conspicuous place.
2.3 If the Township has shut off or restricted the supplyof water under Section 22.1
the Township shall restore the supply of water as soon as practicable after the
repairs have been completed.
2.4 When a water
shortage problem exists or is expected, Council may prohibit
the use of water
for lawn and garden watering purposes,
car washing, pool
?lling or the taking of water from all or any of the Water Works for other than
domestic use by the OWner
or occupant of the land to which the water is
supplied, or for ?re?ghting purposes.
23. Penalty
24.
25.
26.
23.1 Any person who contravenes
this by--lawis guilty of an offence and upon
conviction is liable to such ?ne or penalty as may be recoverable pursuant
to the
provisions of the Provincial Offences Act R.S.O. 1990, chapter P. 33 as
amended.
23.2 In the event any Court of competent jurisdiction should adjudge that any section
or sections of this by--lawmay not be valid for any reason, such section or
sections shall be deemed to be severable ?'om the remainder of the by-law and
the remainder of the by--lawshall stand and be enforceable to the same extent as
if the offending section or sectionshad not been includedtherein.
By-law Con?icts
24.1 That by-law no. 320-03 and by--lawno. 886-12 be hereby repealed.
24.2 In the event of any con?ict between the provisions of this and any other by-
law, the provisions of this by--lawprevail.
Short Title
25.1 This By--lawmay be referred to as the "Water Works By--law".
Effective Date
26.1 This by-law shall come into force and take effect upon its passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
4
DAY OF JM
,2013.
AY
W
Dé?i'Y
- CLERK