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Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
Canada
Province du Québec
Municipalité de Portage-du-Fort
BY-LAW 001-2018
AMENDMENT TO BY-LAW 301
POTABLE WATER
WHEREAS
all municipalities have to adopt a by-law on use for potable water in
order to reach the objectives that the Strategy of Quebec economy of
drinking water is to reduce the intake by 20% of drinking water per
person the whole of Quebec and to reduce the total of broken water
lines in the system at a maximum of 20% of distributed water;
WHEREAS
it is the interest of the municipality to establish mechanisms to assure
the citizens have an appropriate supply of drinking water and to allow
to reach the objectives of the Strategy of Quebec of economy of
drinking water;
WHEREAS
a notice of motion was given at the regular session of May 2 2018 by
Councillor Debra Greenshields;
THEREFORE
it is moved by Debra Greenshields and unanimously accepted that
the by-law 001-2018 be adopted;
1.
OBJECTIVES OF THE BY-LAW
The present by-law has as objective to supervise the use of drinking water in order to
preserve the quality and quantity of resources.
2.
DEFINITION OF TERMS
« Automatic sprinkling » indicated any apparatus of sprinkling, linked up with the aqueduct,
operated automatically, including the electronic or underground apparatuses.
« Fees» any cost of repairs or damages occurred.
« Manual sprinkling » indicates sprinkling with hoses linked up with the aqueduct, equipped
with a hand held nozzle during the period of use.
« Meter » or « water meter » indicated an apparatus serving for measuring the consumption
of water.
« House » means any building intended to lodge human beings, understanding, between
others, single family houses and multifamily houses, buildings with accommodation.
« Building» indicates the ground, buildings and improvements.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
« Accommodation » indicates a suite serving or intended to serve of residence of one or
several persons, and which included in general sanitations as well as installations to
prepare and use meals as well as to sleep.
« Lot » indicates land identified and delimited on a plan of land register, made and
deposited in accordance with requirements of the Civil Code.
« Municipality » indicates the Municipality of Portage-du-Fort.
« Person » every natural person or morality, association or society, as well as every heir,
successor-heir or other lawful representative.
« Owner » indicates, in addition to the legitimate owner, the occupant, the user, the renter,
or tenant.
« Shut-off valve » indicates a device, installed by the Municipality outside a building on the
service connection that serves to interrupt the water supply to this building.
« Internal piping » indicates the piping installed inside a building, starting at the indoor valve.
« Indoor valve » indicates an implement installed inside a building and serving for
interrupting the water supply to this building.
3.
SCOPE OF APPLICATION
This by-law sets the regulations for the use of drinking water from the municipal distribution
system and applies to the entire territory of the Municipality.
The current by-law is not intended to limit the use of drinking water for horticultural
production which represent any and all the activities requested for the production of
vegetables, fruits, flowers, trees or or ornamental bushes, for commercial or institutional
aims, consisting of the preparation of the soil, seedling, maintenance, the crop, storage and
marketing.
4.
ENFORCEMENT RESPONSIBILITIES
The application of this regulation is the responsibility of the Municipality of Portage-du-Fort.
5.
GENERAL AUTHORITY OF THE MUNICIPALITY
5.1
Prevention of the performance of duties
Whoever prevents an employee of the Municipality or another person in his service from
conducting repair work, readings or inspections, who disrupts or bothers such employee in
exercising his authority or who damages in any way the waterworks system, equipment or
components, interferes with or disrupts the operation of the drinking water distribution
system, related components of equipment, damages the aforementioned equipment as a
result of their actions is in violation of this by-law and is liable to the penalties prescribed in
this by-law.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
5.2
Access Rights
Employees specifically designated by the Municipality have the right to enter a property, at
any reasonable hours, in order to carry out repairs, take a reading or determine whether or
not the provisions of the current by-law have been respected. They must receive all the
collaboration needed to provide them access. These employees have to have on them and
display, when they are requested there, an identification document issued by the
Municipality. Moreover, these employees have access to the indoor valves inside the
building; only these employees may remove or attach the shut-off valve.
5.3
Turning off the water supply
The authorized municipal employees have the right to close the shut off valve in the network
of distribution without the Municipality being responsible for any damage resulting from
these breaks; the employees must however have to inform, by every reasonable effort to
warn the consumers affected, except in the case of an emergency.
Only the water technician has the authority to shut off or turn on the water valve. Failure to
fill in a request will result in a penalty, starting at $100.00.
5.4
Water pressure and flow
Whatever type of connection, the Municipality does not guarantee continuous service or a
pre-determined pressure or flow rate; no one can refuse to pay their account in part or in full
for reasons of insufficient water supply, despite the cause.
Should the Municipality deem it opportune, it may require the owner to install a manometer
pressure regulator when the pressure exceeds 525kPa (76 psi), and this regulator must be
maintained in good operating condition. The Municipality is not responsible for any damage
caused by pressure that is too low or too high.
The Municipality is not responsible for any loss or damage resulting from an interruption in
supply, or insufficient supply of water, if the cause is an accident, a fire, a strike, a riot, a war
or by any other cause over which it has no control. Moreover, the Municipality may take the
necessary measure to restrict water consumption if stocks become insufficient. In such
cases, the Municipality may provide water, with preference given to buildings it considers
priorities before making provision to private owners connected to the drinking water system.
Nobody can use water provided by the local network of aqueduct to feed or fill reservoirs,
refrigerators or other apparatuses using water, for working needs of building or for transport,
except for local employees who use the water of ends of networks (beforehand identified)
which must be purged.
5.5
Request for plans
The Municipality may request one or more interior plumbing plans for buildings, or request
details on the operation of devices that use water from the municipal drinking water
distribution system.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
6.
USE OF FACILITIES AND EQUIPMENT OF WATER
6.1
Code of plumbing
The design and execution of all work on a plumbing system, implemented after the entry
into force of this by-law, must comply with the latest versions of the Québec Building Code,
Chapter III - Plumbing, and Québec Safety Code, Chapter I - Plumbing.
6.2
Air conditioning, cooling and compressors
As of the date of the coming info force of the current by-law, the installation of any type of
air conditioning or cooling system that uses drinking water is prohibited. Any air
conditioning or cooling system that uses drinking water and that was installed prior to the
coming into force of this by-law must be replaced before January 1, 2017, by a system that
does not use drinking water.
Despite the first paragraph of this article, it is permitted to use air conditioning or cooling
systems when connect to a water recirculation loop on which routine maintenance is
performed.
As of the date of the coming into force of the current by-law, the installation of any type of
compressors that use drinking water is prohibited. Any compressors using drinking water
and that was installed prior to the coming into force of this by-law, must be replaced, before
January 1, 217, by a system that does not uses drinking water.
Despite the third paragraph of this article, compressors equipped with a water recirculation
loop are allowed, providing they are regularly maintained.
6.3
Use of fire hydrants and water main valves in the municipal system
Only municipal employees authorized to do so can use fire hydrants. Anyone else cannot
open, close, handle or operate a fire hydrant or a valve on the supply line to a hydrant
without first obtaining permission from the Municipality.
The opening and closing of fire hydrants shall be in accordance with NFPA standards.
6.4
Replacement, relocation, and disconnection of a service connection
Before any service connection is disconnected, relocated or replaced, the municipality must
be notified. A permit must be obtained from the Municipality, and the applicant must pay all
costs associated with the work.
The same applies to a service connection for an automatic sprinkler system.
6.5
Defect in supply pipe
As soon as an occupant of a building becomes aware of any unusual noise, or of any sort of
irregularity in the service connection for the water supply, they must immediately notify the
Municipality. In a case where the defect is on a private piping, located between the shut off
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
valve and the meter, or between the shut off valve and the building, if there is no meter, the
Municipality then notified the owner to make the repair within 15 days.
6.6
Piping and equipment located inside and outside of a building
A plumbing installation, in a building or in a facility intended for public use, must be
maintained in good condition in terms of operation, safety and cleanliness.
6.7
Hook-ups
a) Hooking up the piping from a dwelling unit or a building supplied with water from the
municipal drinking water distribution system to another dwelling unit or building located
on another lot is prohibited.
b) An owner or occupant of a dwelling unit or a building supplied with water from the
municipal drinking water distribution system is prohibited from providing this water to
other dwelling units or buildings, or from drawing off water other than for use in the
dwelling unit or building.
c) It is prohibited to install any private system to the municipal drinking water distribution
system or a plumbing system served by the municipal water distribution system.
d) Despite the last two paragraphs of this article, it is possible for any owner of a building
to provide water to other buildings on the same lot, such as a shed or a garage. A
permit must be obtained from the Municipality, and the applicant must pay all costs
associated with the work.
6.8
Automatic flush urinals equipped with a purge tank, connections
The installation of auto-flush urinals equipped with a purge tank that uses drinking water is
prohibited. All auto-flush urinals equipped with a purge tank that uses drinking water
installed prior to the coming into force of this by-law must be replaced prior to January 1,
2017, with a manual flush of a motion detector flush unit.
7.
INDOOR AND OUTDOOR USE
7.1
Tank filling
Anyone wishing to fill a water tank from the Municipality's drinking water distribution system
must first obtain approval from the Municipality. The tank is to be filled from a location
designated by the municipality, and in compliance with the rules prescribed by the
municipality and according to the tariff in effect. Moreover, a backflow prevention device
must be used to eliminate any possibility of backflow or siphoning.
7.2
Lawn and garden watering
Manual watering of a garden, a vegetable plot, a flower box, a planter, a flowerbed, a tree or
a shrub, using a hose fitted with an automatic shut-off device, is permitted at all times
except on Mondays, by a hand held device (nozzle).
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
7.2.1 Watering timetable
The watering of lawns, hedges, trees, shrubs and other plants by hands-free sprinkling is
permitted between the hours of 8pm and 11pm only, on the following days:
a) for an occupant of a dwelling of which the civic address is an even number on every
Tuesdays, Thursdays and Saturdays;
b) for an occupant of a dwelling of which the civic address is an uneven number on every
Wednesdays, Fridays and Sundays.
c) No watering of any kind is permitted on Mondays.
For automatic watering systems, watering from 3am to 6am on Sundays, Tuesdays and
Thursdays only.
7.2.2 Automatic Watering Systems
An automatic watering system must be fitted with the following devices:
a) an automatic humidity sensor or an automatic shut-off device in case of rain, to
suspend watering operations when precipitation suffices or when the humidity level in
the soil is sufficient;
b) a reduced pressure backflow prevention device to prevent any contamination of the
drinking water distribution system;
c) a wheel handle or gate valve for manual shut-off exclusively for breaks, poor functioning
or any other urgent situation. The handle or gate valve must be accessible from
outside.
However, an automatic watering system, installed prior to the coming into force of this by-
law and incompatible with the requirements of this section, may be used, but must be
upgraded, replaced or removed from service before January1, 2017.
7.2.3 New lawn and new development
Notwithstanding article7.2 and 7.2.1, it is permitted to water every day at the hours in the
article 7.2.1, a new lawn ,newly planted trees or shrubs or new environmental development
for a period of 15 days according to the beginning of jobs of sowing, planting or installation
of turf in places upon approval of from the Municipality.
In the case of the installation of turf strips, watering is permitted at all times during the first
day of installation.
The owners who water a new lawn, a new planting of trees or bushes or a new
environmental development during this period have to produce the proof of purchase of
vegetables or seeds concerned at the request of a person responsible for the application of
the present by-law.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
7.2.4 Surface drainage
It is forbidden for anyone to deliberately use a watering device in such a way that the water
runs onto the street or onto neighbouring properties. However, a certain amount of
tolerance is granted to take into account wind effect.
7.3
Pool and Spa
The filling of a swimming pool is forbidden from 6am to 8pm. Nevertheless, it is allowed,
after approval by the municipality, to use the water of the aqueduct on the occasion of the
assembling of a new swimming pool to support the form of structure with the observation of
the date and times stipulated in article 7.2.1.
It is forbidden to fill swimming pools or spas on Mondays, in a manual or mechanical
manner.
7.4
Vehicles, car driveways, sidewalks, streets, patios or exterior walls of a building
The washing of vehicles is permitted at all times on condition that a bucket or a hose fitted
with an automatic shut-off device is used.
The washing of driveways, sidewalks, patios and exterior walls of a building is permitted
from April 1 to May 15 each year only, or during painting, construction, renovation or
landscaping work that justifies the cleaning of driveways, cars, sidewalks, patios and
exterior walls of a building.
It is strictly prohibited, at all times, to use drinking water to melt snow or ice on driveways,
grounds, patios or sidewalks.
In spite of the last paragraph of this article do not apply to the local watering of the ice rink
when this one is used at the entertaining end, following the approval of the Municipality.
7.5
Carwash
All car washes that use water from the municipal water distribution system must be
equipped with a functioning recuperation, recycling and recirculation system for the water
used to wash vehicles.
The owner or operator of a car wash must be in compliance with the preceding paragraph
by January 1, 2017 or a meter will be installed and the tariff in effect will apply.
It is strictly forbidden to use drinking water constantly for washing vehicles, unless a water
meter is installed on the behaviour of supply and the Municipality allows it.
7.6
Landscape basins, fountains, waterfalls
Any water features or ponds, whether or not they include fountains or waterfalls, that are
filled initially and then refilled from the municipal water distribution system, must be
equipped with a functioning system to recirculate the water. A continuous stream of
drinking water to feed the features is prohibited.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
7.7
Water Games
Any water games must be provided with an activated release system (launching on call
system). A continuous stream of drinking water to feed the feature is prohibited.
7.8
Continuous draining
Allowing water to run continuously is prohibited, except if the person has an application of
the present by-law that allows it expressly, and in certain cases individuals only and to be
approved by the Mayor or Director General.
7.9
Agricultural irrigation
It is strictly forbidden to use drinking water for agricultural irrigation, unless a water meter is
installed on the supply line and the Municipality has authorized it. The water tariff in effect
will apply.
7.10
Energy Source
Using the water pressure or flow from the drinking water distribution system as an energy
source or to run a machine of any sort is prohibited.
7.11
Watering Ban
The municipality may, due to drought conditions, a major break in the municipal water
supply pipes or equipment, by means of a public notice, prohibit any person from watering a
lawn, tree or shrub, filling a swimming pool, washing a car or using water outdoors, for
whatever reason, in a given sector and for a given period of time. However, this prohibition
does not apply to the manual watering of vegetable plots or plants grown for food, in the
ground and in pots, gardens, flowers and other planting.
In the case of new lawns, newly planted trees and shrubs and the filling of new swimming
pools, authorization may be obtained from the Mayor or Director General if weather
conditions or water supply are favorable.
8.
COSTS, VIOLATIONS AND FINES
8.1
Prohibitions
It is prohibited to modify installations, damage seals or impair the functioning of any devices
or accessories provided or required by the Municipality, to contaminate the water in the
water supply system or reservoirs or to knowingly mislead the Municipality about the
quantity of water supplied by the distribution system; offenders run the risk of prosecution
accordingly.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
8.2
Cost of retrofit work
If an owner request that their water main be rebuilt or replaced with a larger diameter unit,
or requires a deeper installation into the ground, the cost of such work shall be paid by the
said owner, who is required, prior to commencement of work, to obtain a permit and deposit
the estimated amount following the Municipality's approval. The actual final cost and fees
will be adjusted upon completion of the work.
8.3
Notices
For any notice or complaint concerning one or more items in the current by-law, the
consumer or his authorized representative may notify in writing or by email, the municipality
for any issue to do with water distribution and supply, and should contact the municipality for
any issued regarding the billing of water.
8.4
Fines
Anyone contravening a provision in the current by-law is committing an offence and is liable:
a) in the case of an individual (natural person) :
- A fine of $100 for a first offense;
- A fine for $300 for a second offense;
- A fine of $500 for a subsequent offense.
b) In the case of a corporate entity :
- A fine of $200 for a first offense;
- A fine of $600 for a second offense;
- A fine of $1,000 for a subsequent offense.
In all cases, fees are added to the fine. In the case of a continuous offense, the violator is
deemed to commit a violation for as many days as the violation is actually committed.
The provisions in the Code of Penal Procedure apply for all legal actions taken under the
current by-law.
8.5
Issuance of statements of offence
The person responsible for the implementation of this by-law is authorized to issue a
statement of offence relating to any violation of the current by-law.
8.6
Order
Where a court issues a sentence for an offence for which the object is contrary to the
standards of this by-law, the court may, in addition to the fine and the fees stated in article
8.4, order that such an offence be, in the timeframe it sets, eliminated by the faulty party
and that, if the violator complies within the set timeframe, the offence may be rescinded by
the conduct of appropriate work by the municipality and charged to the violator.
Municipalité de Portage-du-Fort - Règlement municipal sur l'eau potable
9.
COMING INTO FORCE
This by-law shall come into force according to the law.
DATE D'ENTRÉE EN VIGUEUR :
________________________
________________________
Lynne Cameron
Lisa Dagenais
Mairesse
Directrice Générale
No. Resolution adopted:
117-2018
Date of notice of motion:
May 2, 2018
Date of publication:
August 30, 2018
Effective Date:
August 27, 2018