CITY OF ST. CATHARINES BY-LAW NO. 2r05-2ro A By-law to regulate the supply of water and to provide for the maintenance and management of the water distribution system. WHEREAS the City deems it expedient to enact this By-law pursuant to Sections 9 and 11 of the Municipal Act, S.O. 2001, c.25; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF ST. CATHARINES enacts as follows: DEFINITIONS 1. In this By-law the following terms have the following meanings: (a) (b) (c) (d) "backflow prevention device" means a device that prevents backflow; "building" where the context requires, means a part or any part of a building; "City" means The Corporation of the City of SI. Catharines; "City Engineer" means the engineer being the DirectorofTransportation and Environmental Services Department or his designate for The Corporation of the City of SI. Catharines; (e) "cross-connection" means any temporary, permanent or potential connection that may allow the backflow of untreated water, contaminants, pollutants, infectious agents or other substances that may change the water quality in the water distribution system and includes hydrant connections, swivels, change over devices, removable sections, jumper connections and by-pass arrangements; (f) "main" or "mains" means the transmission pipe or pipes from time to time under the control and management of the City which are tapped for water services and includes all valves, fittings and appurtenances but does not include water services nor private water services; (g) "meter" means the meter installed for the purpose of measuring water supplied by the water system and may include the readout device; (h) "meter chamber" means any exterior chamber or pit approved by the City Engineer for the purpose of containing a water meter; (i) Gl "potable water" means water that is safe for human consumption; "private water service" means the pipes and fixtures (exclusive of meter) used for the purpose of supplying water from the water system to any customer and located upon private property beyond the limits of the road allowance;
-2 (k) "Treasurer" means the City Treasurer being the Directorof Financial Management Services Department for The Corporation of the City of SI. Catharines; (I) "Water Distribution System" means any and all buildings, structures, equipment, appurtenances, devices, conduits, underground pipes, above ground pipes, or other works designed for the distribution of potable water; (m) "Water Service" means the pipes and fixtures used for the purpose of supplying water from the water system to any building or land and located in the allowance for any public highway, public street, public lane, public alley or public thoroughfare and extending between the main and the limit of such allowance. APPLICATION FOR PERMIT FOR WATERMAIN EXTENSION, WATER SERVICE, PRIVATE WATERMAIN EXTENSION OR PRIVATE WATER SERVICE 2. No person shall ccnnect or cause or permit to be connected to a City main or a private water service or to a City-owned water service until written application for such connection is made to the City and a permit therefor has been issued by the City. 3. No watermain extension shall be permitted within the urban boundaries until written application for such extension is made to the City and a permit has been issued by the City and all other approvals have been obtained. 4. No watermain extension shall be permitted outside the urban boundaries until written application for such extension is made to the City and a permit has been issued by the city and all other required approvals have been obtained. 5. The application and penmit referred to in Section 2, 3 and 4 shall be in a form acceptable to the City Treasurer. INSTALLATION OF WATER SERVICE OR PRIVATE WATER SERVICE 6. The pipes, fittings, attachments, method of installation, maintenance, use, renovations to and removal of any water service or private water service shall be pursuant to, as required by and in compliance with the applicable legislation.
-3 7. Every water service shall be buried to a minimum depth of 1.7 metres below the finished grade of the highway, street, lane, alley or thoroughfare in which it is laid and every private water service shall be buried a minimum depth of 1.7 metres below the finished grade or any private property traversed by it. 8. Every private water service entering a building which does not contain a cellar shall be carried horizontally beyond the inside face of the exterior wall for a minimum distance of 0.6 metres before being carried upward. 9. No person shall cause or permit two or more buildings fronting on the same street to be supplied from a single water service, except where separate and distinct private water services are extended to each building from the water service with each of such private water services being controlled by a separate shut-off located at a point to be approved by the City Engineer. 10. Where only one of several buildings owned by the same person fronts upon a street with the other or others of such buildings being located in the rear of the firstly mentioned building, or, where a building is or becomes a multiple or semi-detached dwelling, apartment building or building divided into separate units, the following shall apply: (a) in the case of other building or buildings located in the rear as above mentioned, it or they shall not be supplied from a single water service without the written approval of the City Engineer to be given only where both the water service and the private water services are of adequate Size in his opinion and where the person owning such buildings gives such security as the City may require; (b) in the case of any multiple or semi-detached dwelling, apartment building or buildings divided into separate units as above mentioned, the City Engineer shall determine the number and size of water services to be provided. INSTALLATION COSTS 11. (a) All water services from the main to the property line to any building or land shall be installed by the City Engineer or its approved agent at the expense of the Owner. (b) The work to be done by the City in each instance shall consist of excavating the trench, tapping the watermain, supplying and installing the City cock, service, piping from the watermain to the street line, the service stop and post, backfilling the trench and restoration of ground to the original condition or better.
-4 (cl The charge to be paid to the City for the installation of water services of any size shall be in accordance with the Schedule of Rates and Fees as shall be fixed from time to time by by-law or resolution of the City and shall be paid by the Owner to the City Treasurer at the time of making application for such water service. 12. The cost of providing, installing, replacing and renewing each private water service from the property line to the building shall be borne and paid for by the Owner of the building or land supplied by such private water service. No person shall install, replace or renew a private water service until written application for such work is made to the City and a permit therefor has been issued by the City. METERS 13. The City Engineer may require any or all water services to have a meter of a design, size and construction provided by the City Engineer and installed to his satisfaction. 14. The City Engineer shall have the right to seal, inspect and test all meters at any time. 15. The City shall have the right at any time to remove and/or test any meter which is defective in the opinion of the City Engineer, and the City shall have the right to remove and replace the said meter with another meter, the cost of which shall be paid by the City. 16. No person shall tamper, remove or in any way alter a meter or seal. 17. At every building within which a meter must be installed, the Owner shall provide space and access for such meter in a location approved by the City Engineer. The location shall be as close as is practical to the point where the service enters the building, shall be accessible at all times for reading, inspection, maintenance, repair, testing and replacement by the City in accordance with current standards and specifications. The City shall not be responsible for any restoration resulting from access being provided for the installation of a meter. 18. When the location of the meter cannot be provided by the Owner within the building, to the satisfaction of the City Engineer, or when a water service is intended to service more than one building, the water meter shall be installed in a meter chamber. The meter chamber shall be installed as close as is practical to the property line. The location, size, type and construction of
-5 the meter chamber shall be to the satisfaction of the City Engineer and all costs associated with the installation of a meter chamber shall be borne by the Owner. 19. Where water is to be supplied to land on which no building is erected, the meter shall be located in a meter chamber, the location and construction of which shall be subject to the approval of the City Engineer and the cost of which shall be paid by the Owner of such land. 20. The City Engineer shall have the right to require the relocation of any meter which he deems to be improperly or inconveniently located and the cost of such relocation shall be paid by the Owner of the building served by such meter. The City Engineer may also require that a specified meter and readout device be installed outside the building, or to be permitted to connect the water meter to the phone line of the building. The cost of such requirements shall be paid by the Owner. 21. After the date of the passing of this by-law, the City shall bear the cost of supplying the first meter with respect to the first water service, to any building or land together with the cost of installing and repairing the same (but not including the cost of any meter chamber) provided that such meter does not exceed 25 mm (5/8") in size and provided further that where in the opinion of the City Engineer any such meter or any meter owned by the City is damaged after installation, either wilfully or through neglect or carelessness, then the cost of repairing or replacing such damaged meter shall be paid by the Owner of the building andlor land served thereby whether or not such wilful act or such neglect or carelessness be that of such Owner. 22. With respect to meters greater than 25mm (5/8") in size the applicant shall pay such annual rental charges as the City may from time to time fix by by-law or resolution. 23. With respect to meters included or provided for in meter chambers, the applicant shall pay such annual rental charges as the City may from time to time fix by by-law or resolution. 24. No person shall be allowed additional meters unless written approval is first obtained from the City Engineer. In the event an additional meter is approved it shall be owned by the Owner, the Owner shall be solely responsible to maintain and repair the same and shall do so at hislher own expense. The City will not read, test or repair private meters.
-6 25. The City shall remove and test any meter at the written request of the Owner or his agent and such Owner shall pay to the City in advance such amount, being not less than the fee as determined by Council by by-law or resolution from time to time, as a deposit on account of the estimated cost of removing, testing and replacing the meter. If the meter when tested is found to register correctly, slowly or not in excess of 3% in favour of the City, it shall be deemed to measure accurately and the cost of removing, testing and replacing the meter shall be paid by the Owner or his agent requesting the test. If the meter when tested is found to register in excess of 3% in favour of the City, no charge shall be made for the cost of removing, testing and replacing the meter and the City shall authorize a reduction or a refund to the Owner of an amount equal to the additional water rates incurred by reason of such excess percentage for the last preceding quarterly billing period, or for such larger billing period as the City Treasurer may determine. 26. All water passing through a meter shall be charged and paid for at the applicable rates and fees as fixed by by-law or resolution of the City. Should the City determine that water provided has not passed through the meter or that the meter has failed to register, the City shall charge and the Owner shall pay for the water deemed to have been used at a rate determined by by-law or resolution of Council from time to time. 27. No person shall open a by-pass valve without first obtaining the consent of the City Engineer. COMMENCEMENT AND DISCONTINUING OF SERVICE 28. Where a new or replacement water service is installed or where the water has been turned off, no person other than an employee of the City shall turn on the water, regardless of whether the water service is private or City-owned. 29. Notwithstanding Section 28, a duly licensed master plumber upon installing or repairing a private water service may temporarily turn on the water for the purpose of testing his installation or repairs and shall forthwith thereafter shut same off again; or, if the water has been turned on by the City, such plumber may shut off the water and after completing his installation or repairs turn the same on again.
-7 30. In any case provided for in Section 28 and in any case of change in ownership of the premises supplied by a water service, the new Owner or the agent for the Owner, as the case may be, shall make application to the City for a supply of water and may be required to complete the necessary application form. 31. Any person desiring to discontinue the use of water supplied by the City shall give notice of such desire to the City Engineer and may be required to give such notice in writing on a required form, and until such notice is given and the supply is turned off by the City, such person shall continue to be responsible to the City for the payment of all water rates with respect to the service in question. 32. Upon receipt of notice of discontinuance pursuant to Section 31, the City may discontinue the supply of water to the service in question and may remove the meter. 33. Where the City discontinues or shuts off the supply of water pursuant to the provisions of this by-law there sha ll be no charge. However, there shall be a charge for subsequent turning on and the person requesting the turn on shall pay the City such charge as determined by the Rates and Fees By-law or res olution of the City as may be amended from time to time. No minimum charge shall be made during the time the supply of water is discontinued. CROSS-CONNECTION AND BACK FLOW PREVENTION 34. No person shall connect, cause to be connected or allow to remain connected to the distribution system any piping, fixture, fitting, container or appliance in a manner which under any circumstances may allow water, waste water, non-potable water or any other liquid, chemical or substance to enter the distribution system. The means for "protection from contamination" shall be in accordance with the requirements of the Ontario Building Code, as amended from time to time. 35. Any person authorized by the City for that purpose has free access at all reasonable times and upon reasonable notice given and request made, to all parts of every building or other premises to which any water service connection is provided for the purpose of inspecting and repairing, or altering or disconnecting any water service connection or cross-connection within or outside the building.
-8 36. Where access is not provided, a written notice will be issued by the City allowing fourteen days to provide access. If access is not provided within this timeframe, the City may, at its discretion, shut off the supply of water to the premises until such time as access is provided. 37. If a condition is found to exist which is contrary to Section 34 of this by-law, the City shall immediately carry out an inspection and shall issue such Order or Orders to the Owner as may be required to obtain compliance with Section 34 of this by-law. 38. If the Owner to whom the City has issued an Order fails to comply with that Order, the City Engineer, at his discretion, may: (a) give notice to correct the default at the Owner's expense within the specified period, and if the notice is not complied with, the City Engineer may then shut off the water service or services; or (b) carry out or cause to be carried out the corrective work at the Owner's expense; or (c) without prior notice, shut off the water service or services. 39. Notwithstanding Sections, 34, 37 and 38 of this by-law, where in the opinion of the City Engineer a risk of possible contamination of the distribution system exists, an Owner shall, in addition to any cross-connection control device installed in the Owner's water system at the source of potential contamination, on notice from the City, install an approved cross-connection control device on the water service in a location approved by the City Engineer. 40. Cross-connection control or backflow prevention devices, when required by the City, shall be installed in accordance with the Ontario Building Code and "CAN/CSA-B64.1 0-94 Manual for the Selection, Installation, Maintenance and Field Testing of Backflow Prevention Devices", as amended from time to time. 41. All cross-connection control devices shall be inspected and tested, at the expense of the Owner, upon installation and thereafter annually or more often if required by the City. The testing of a cross-connection control device to demonstrate that the device is in good working condition shall only be done by personnel approved by the City to carry out such tests. The Owner shall submit a report on a form approved by the City Engineer for any and all tests performed on a crossconnection control device within seven days of a test and a record card shall be displayed on or adjacent the cross-connection control device on which the tester shall record the address of the premises, the location, type, manufacturer, serial number and size of the device, the test date, the tester's name and the tester's licence number.
-9 42. If an Owner fails to have a cross-connection control device tested the City may notify the Owner that the cross-connection control device must be tested within four days of receiving the notice. If the Owner fails to have the device tested within the time allowed the City Engineer may shut off the water service or services until the cross-connection control device has been tested and approved as required by Section 41 of this by-law. 43. When the result of the test referred to in Section 41 of this by-law show that a crossconnection control device is not in good working condition, the Owner shall make repairs or replace the device within four days. If the Owner fails to repair or replace the device within the time allowed, the City Engineer may shut off the water service or services until such repair or replacement has been completed. 44. No person shall, without permission of the City Engineer, remove any cross-connection control or backflow prevention device installed as a requirement of provincial legislation notwithstanding the fact that the applicable provincial regulation has been repealed. MAINTENANCE OF WATER SERVICE AND OF PRIVATE WATER SERVICE 45. The cost of maintaining and repairing a water service from the main to the property line of the highway shall be borne by the City except where such water service is damaged wilfully or through neglect or carelessness in which case the person causing such damage shall pay for the cost of repairing the same. 46. The Owner of the building into which a private water service is extended, shall at his own expense maintain the private water service (including all its fixtures and appurtenances) in proper working order to the satisfaction of the City Engineer. 47. (al The Owner of any building into which a private water service extends and in which water is supplied to any range or steam boiler, shall take such precautions as may be necessary to prevent damage to the meter from hot water or steam and to prevent water escaping back into the main and shall be responsible to the City for any loss, injury or expense incurred by the City as a result of his failure to do so. The Owner shall be responsible for the maintenance of this precautionary device.
-10 (b) The cost of repairing any damage to a water service box which occurs during the construction of a building or the grading or landscaping of a lot for which building or lot such service box was installed, shall be borne by the person who made application to the City for the installation of the water service. SHUTIING OFF SERVICE 48. The City with or without notice may shut off the supply of water to any private water service for any of the following causes: (a) (b) failure to pay any rate or charge for water supplied; failure to pay any charge with respect to the cost of any work or service done or furnished for the purpose of a supply of water; (c) failure to pay the rent or charges for fittings, apparatus, meters and chambered meters or other things leased or furnished by the City; (d) failure to pay the cost of repairing or replacing a meter damaged through wilful act, carelessness or neglect; (e) (f) (g) (h) failure to pay any cost of charge for installation provided for by this by-law; failure to pay the cost of meter relocation provided for in this by-law; failure to allow a City employee entry to inspect, test, exchange or read the water meter; failure to relocate or make a meter accessible. USE OF WATER 49. No person shall sell, permit to be sold or dispose of water supplied by the City or give the same away or permit the same to be carried or taken away unless written approval is first obtained from the City Engineer. 50. No person other than an employee of The Corporation of the City of SI. Catharines shall open, let off or use any water from a hydrant or any valve or other appurtenance which is the property of the City, except by written authority of the City Engineer. 51. No person shall attach to the main any equipment for the automatic extinction of fires in a building without the approval of the City Engineer and the piping for any such equipment shall
-11 be entirely separate from the piping used for any other purpose in the building and shall be equipped with a shut off valve located outside the building which shut off valve shall be under the exclusive control of the City. 52. No person shall install a stand-pipe for fire protection without the approval of the City Engineer and any such stand-pipe shall be equipped at each hose opening with a valve and shall be sealed as directed by the City Engineer. 53. No person shall break any seal referred to in Section 52 except for the purpose of using water for fire extinction and the person breaking any such seal shall forthwith report the breaking to the City Engineer, who shall cause the same to be re-sealed. 54. No person shall use water from the equipment referred to in either Sections 51 or 52 for any purpose other than the extinction of fire. Exceptions for use may be given by the City Engineer. 55. In the event of the use of the equipment referred to in Section 51 or Section 52, the City may require the installation of a compound meter or a fire line backflow strainer, in which case the cost of installation, rental and maintenance thereof shall be paid for by the Owner of the building serviced by such equipment. 56. The use for lawn and garden sprinkling purposes of water supplied by the City shall be subject to such regulations as may be enacted from time to time by the City. All lawn and garden sprinkling systems which are directly connected to the water lines must be connected after the water meter. 57. (a) No person shall use water supplied by the City in any air-conditioning or refrigeration unit or other equipment for the cooling of air unless such unit or equipment is provided with an evaporative condenser or other device which efficiently conserves, cools and recirculates the water so used. (b) Clause (a) of this Section shall apply to: (i) All air-conditioning units and other equipment for the cooling of air which utilize water in any way which are installed after the passing of the by-law, and have a rating of more than 10 tons of refrigeration capacity; and
-12 (ii) All air-conditioning units and other equipment for the cooling of air which utilizes water in any way which are installed after the passing of the by-law, in or on a single building or more than one connected building where the total rated refrigeration capacity of all such units or equipment in or on single building or more than one connected building where the total rated refrigeration capacity of all such units or equipment in or on such building or buildings is more than 10 tons. 58. No person shall use water for construction purposes for a building, road, sewer, watermain, etc. without paying the fee set out in the Schedule of Rates and Fees as amended by City Council from time to time. RATES 59. Persons required to pay rates and fees as referred to in this By-law shall be required to pay those rates to the City that Council has established pursuant to resolution or by-law for the supply of water and other related services. RESPONSIBILITY AS OWNER 60. The City shall only accept an application for a supply of water from the Owner or his agent and the Owner shall be liable to the City for the payment of all rates in respect of water supplied to the property and for all charges and costs of the City applicable to the supply of water to such property. 61. An Owner of a multiple or semi-detached dwelling, apartment building or building divided into separate units shall not be allowed a separate metered connection to each dwelling, apartment or unit unless specifically approved in writing by the City Engineer who shall have the right to impose whatever conditions he deems appropriate.
-13 GENERAL 62. Any person authorized by the City for that purpose has free access, at all reasonable times, and upon reasonable notice given and request made, to all parts of every building or other premises to which water is supplied by the City, for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, wire or rod, within or outside the building, or for placing meters upon any service pipe or connection within or outside the building as he may deem expedient and for that purpose or for the purpose of protecting or regulating the use of the meter, may set it or alter the position of it, or of any pipe, wire, rod, connection or tap, and may alter or disconnect any service pipe. VIOLATION 63. Compliance with the provisions of this by-law shall be the responsibility of the Owner of the property subject to the applicable water service. 64. Every person who contravenes and is convicted of any contravention of any provision of this by-law shall be liable to penalties as provided for in the Provincial Offences Act or other applicable statute or regulation. 65. In addition to any remedy provided herein, the City shall continue to be entitled to recover from any person who contravenes the provisions of this by-law any applicable rate and fee as determined by by-law or resolution of Council from time to time. 66. No action or proceeding under the provisions of this by-law shall preclude the City from the right and power to exercise any other right or remedy available to it. EFFECTIVE DATE 67. This by-law shall come into force on the date of the passing hereof.
-14 EXISTING BY-LAWS 68. This By-law shall be deemed to supercede and replace By-law No. 2001-411 and amendments thereto. Read a first time this I<t1J.i day of.:)u.1.. y 2005. Read a second time this I<b1li day of SlH-Y 2005. Read a third time and passed this I'&l\{ day of JU~y 2005. AC.TINu CLERK t>~p!'''ty MAYOR