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2016-100 Regulate Municipal Water Systems & Repeal By-Law No. 2009-082The Corporation of the Township of Oro-Medonte By-law No. 2016-100 A By-law to regulate Municipal Water Systems within the Township of Oro- Medonte and to Repeal By-law No. 2009-082 (Municipal Water Supply) Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass By-laws respecting matters related to water production, treatment, storage and distribution; And Whereas Section 79 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that if a municipality has the consent of an Owner or occupant to connect a public utility to a part of a building and other parts of the building belonging to different Owners, or are in possession of different occupants, the municipality may, at reasonable times, without consent, enter on their land and install, construct and maintain pipes, wires, equipment, machinery, and other works necessary to make the connection; And Whereas Section 80 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may, at reasonable times, enter on land to which it supplies a public utility; And Whereas the Ontario Building Code and the Safe Drinking Water Act authorize the Township of Oro-Medonte to enact By-laws to protect the drinking water supply; And Whereas the Council of The Corporation of the Township of Oro-Medonte deems it desirable and necessary to pass a By-law to regulate the Municipal Water systems within the Township; Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows: 1. That Appendix "A" attached hereto, form part of this By-law. 2. That this By-law may be cited as the "Municipal Water Supply By-law" 3. That By-law No. 2009-082 be hereby repealed in its entirety. 4. And that this By-law shall come into force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this 22nd day of June, 2016. The Corporation of the Township of Oro-Medonte Mayor, H.S. Clek, J.' D,e7jlas Irwin Appendix "A" to By-law No. 2016-100 for the Corporation of the Township of Oro-Medonte 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "Building" shall mean a structure supplied with municipal water by the Township of Oro-Medonte. "Council" shall mean the Council of The Corporation of the Township of Oro-Medonte. "Cross Connection" shall mean any temporary, permanent or potential water connection that may allow backflow of contaminants, pollutants, infectious agents, other material or substance that will change the water quality in the water distribution system and includes without limitation, swivel or changeover devices, removable sections, jumper connections and bypass arrangements. "Director" shall mean the Director of Transportation and Environmental Services of the Township of Oro-Medonte and/or his designate. "Drinking Water System" has the same meaning as in subsection 2(1) of the Safe Drinking Water Act. "External Use of Water" shall mean the use of water for any purpose outside the walls of any building located at a municipal address. "Inspection" shall mean an audit; physical, visual or other examination; survey; test; or inquiry. "In-service" shall mean those parts of the water distribution system that have been approved by the Operating Authority for the provision of potable water and in which potable water is available for use. "Land" shall mean all real property, including buildings or any part of any building and all structures, machinery and fixtures erected or placed upon, in, over, under or affixed to land and in the case of utility service providers and the Township, all buildings or any part of any building erected or placed upon, in, over, under or affixed to land but shall not include machinery whether fixed or not, nor the foundation on which it rests, works structures other than buildings, substructures, poles, towers, lines, nor any of the things exempted from taxation, nor to any easement or the right, use or occupation or other interest in land not owned by utility service providers or the Township. "Live Tap" shall mean a connection to the water distribution system that is in-service and in which isolation of a part or portion of the water distribution system cannot be undertaken. "Municipal Water Supply" shall mean the water supplied from a Municipal Water System. "Occupant" shall mean a lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise. "Operating Authority" shall mean the Township. "Other Charges" shall mean those charges related to repairs, installations, services rendered, or other expenses, exclusive of charges included in water rates, frontage charges payable by the consumer as provided for in this By-law or as Directed by Council. "Owner" shall mean any person, including a corporation, who is the registered owner of the property under consideration including a trustee in whom land is vested, a committee of the estate of a mentally incompetent person, an executor, and administrator or a guardian. The obligations of the Owner under this By-law may not be transferred to a party which is not an Owner. "Officer" shall mean a Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, Engineering Inspector or any other duly appointed person. "Person" shall mean an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or any agent or employee thereof. "Potable Water" shall mean water that is fit for human consumption. "Temporary Water Service" shall mean a pipe installed from the water distribution system by the Township and for a specified temporary period of time; a pipe installed with the permission of the Operating Authority for construction purposes. "Township" shall mean The Corporation of the Township of Oro-Medonte. "Water Distribution System" shall mean the part of the municipal drinking water system that is used in the distribution, storage or supply of water up to and including the water shut-off valve, and is not part of a treatment system. "Water Meter" shall mean a device supplied by the Township to measure the quantity or rate of water flowing through a pipe that is used to supply a building. "Water Service" shall mean the portion of a water service pipe from the property line to the water meter location, or for a fire service to the inside of the exterior wall of a structure. "Water Shut-off Valve/Water Valve" shall mean the valve on the water service owned and used by the Township to shut-off or turn on the water supply from the municipal distribution system. 2.0 General Provisions 2.1 This By-law shall apply to all Municipal Water Systems located within the geographical boundaries of the Township. 2.2 No person shall lay, or cause to be laid, any pipe or main to communicate with any pipe or main of the Municipal Water System, or in any way obtain or use the Municipal Water System without the consent of the Township. 2.3 No person or building or other place supplied with water from the Municipal Water System shall improperly waste water or, without the consent of the Director, lend, sell or dispose of water, give water away, permit water to be taken or carried away, use or apply water to the use or benefit of another, or to any use and benefit other than the person's own, or increase the supply of water. This shall include the furnishing of water form one building connected to the Municipal Water System, to another building. 2.4 The Township does not guarantee the continuous supply, quality, or pressure of water from the Municipal Water System. The Township is not liable for damage caused by the breaking of any services pipe or attachment, or for shutting off water to repair or to tap mains, if reasonable notice of the intention to shut-off the water is given. The Township is not liable for damage caused by emergency water main breaks or service breaks or attachments for shutting water off to repair an emergency situation. No notice of intention to shut water off is required during emergency repair activities. 2.5 In the case of an emergency, which may impair the supply or quality of water, the Director may shut-off the Municipal Water Supply and take such remedial action as may be necessary. Such remedial action may include limiting or stopping the supply of water in any area or restricting the use of water for any specific purpose. 3.0 Establishing or Altering a Water Service 3.1 Every new residence constructed on a property located within a Municipal Water System shall be connected. An application for connection to the Municipal Water System shall be filed prior to the issuance of a building permit and shall be accompanied by the connection fee as set out in the Fees and Charges By-law, as amended. 3.2 The Township reserves the right to refuse any application for connection to the Municipal Water System if the existing system is at capacity, or where excess capacity has been allocated to other properties within the Municipal Water System. 3.3 Every building connected, or to be connected, to the Municipal Water System shall install the connection, as per the Township Engineering Standards. 3.4 The Owner shall notify the Township prior to the installation, repair, renewal, removal, plugging, capping or disconnection of a water service. 3.5 The Owner shall submit the appropriate forms, required drawings and supporting information and pay the stipulated fees or charges to the satisfaction of the Township. The Operating Authority may impose any condition that is deemed advisable and appropriate to ensure the integrity and safety of the water distribution system and the provision of potable water. Any conditions imposed will be identified in writing and said conditions shall be complied with. The installation or disconnection shall not commence until all required information and payments have been received. 3.6 Extensions of and connections to the Municipal Water System shall only be permitted where they conform to Official Plans. 3.7 New water service connections and water service installations made in association with Township capital works shall be subject to all requirements of this By-law and fees and charges set out in applicable By-laws. 3.8 As part of a watermain rehabilitation project the Township shall renew water service stubs on public property at its expense and to its specifications when: • Piping is deemed by the Operating Authority to be beyond repair • The existing pipe material is lead and supplies a single detached residence • The replacement public water service is the same diameter Replacement piping shall conform to Township Engineering Standards. If the Owner requests a large size, the Owner shall pay the difference in material and labour costs. 3.9 All water service pipes connected to the Municipal Water System that require a live tap shall only be installed by the Operating Authority. 3.10 All water service pipes and appurtenances installed must be inspected by the Township. The Township shall be, at all times, entitled to enter any premises for the purpose of examining connections and fixtures which are used in connection with the Municipal Water System. 3.11 When an Owner temporarily discontinues the use of a water service, the Owner shall pay the charge as indicated in the Fees and Charges By-law for disconnecting the water meter from the water distribution system. 3.12 When an Owner permanently discontinues the use of a water service the water service pipe must be disconnected at the watermain, the watermain plugged or capped and the curb box and rod removed at the Owner's expense. All work must be inspected by the Township and the Owner shall pay for such work and inspection. 3.13 No Owner or occupant shall use or cause to be used any type of open loop water system as part of any heating, air conditioning or refrigeration equipment. No owner or occupant shall connect to any part of the water system any hydraulic motor, elevator or other type of appliance what operates in whole or in part using potable water. 4.0 Cross Connections/Backflow Prevention 4.1 No person shall connect, cause to be connected or allow to remain connected to the plumbing system within a building or water 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 plumbing system within a building or water distribution system. The means for protection from contamination (i.e. cross connection control and/or backflow prevention devices) shall be in accordance with the requirements of the Ontario Building Code Act, 1992, as amended. 4.2 If a condition is found to exist which is contrary to Section 4.1 of this By-law, the Operating Authority shall carry out an inspection and shall issue an order to obtain compliance. If an order is not complied the Operating Authority may then shut-off the water service. 4.3 All backflow prevention devices shall be inspected and tested at the expense of the Owner, upon installation, and thereafter annually by approved personnel to ensure that the device is in good working condition. A record card shall be displayed on the cross connection control device on which the tester shall record the address, location, type, manufacturer, serial number and size of device, test date, tester's initials, name and license number. 4.4 If the results of the test referred to in Section 4.3 shows that the cross connection control is not in good working condition, the Owner shall provide written confirmation of the failure to the Township within 24 hours and make repairs or replace the device within four (4) days of the date of the test. 4.5 No personal shall without the prior written approval of the Township remove any cross connection control or backflow prevention devices installed as a requirement of provincial legislation or by order. 5.0 Inspection and Access to Property 5.1 The Operating Authority or any person designated by the Township may, at reasonable times enter onto any land on which the Township supplies drinking water for the following purposes: • To install, inspect, repair, alter or disconnect the service pipe or wire, machinery, equipment and other works used to supply drinking water to the building or land; To inspect, install, repair, replace or alter a water meter; To determine if this By-law, an order, or condition to any permit is being complied with. 5.2 The Township may shut-off or reduce the supply of water to any building or land for the purpose of carrying out an installation, inspection, repair disconnection or any other work. If the Township has shut-off water or restricted supply the Township shall restore service as soon as practicable upon completion of the required work. 5.3 If an Owner discontinues the use of the water supply or the Township lawfully decides to cease the supplying of water to any building or land, the Township may enter the premise to shut-off the water, remove any property of the Township and/or determine whether the supply of water is being lawfully used. 5.4 All costs incurred by the Township to perform work required by this By-law shall be charged to the Owner of the property. Where such work is performed and unpaid, the amount outstanding shall be collected in the like manner as taxes. Furthermore, the Township shall not be held responsible for the cost of any restoration. 6.0 Water Meters 6.1 Where applicable, water drawn from the water distribution systems, except water used for firefighting purposes, or water use authorized by the Operating Authority, shall pass through the water meter supplied by the Township for use upon such premises. 6.2 The placement of water meters is at the sole discretion of the Operating Authority. All water meters provided by the Township shall be installed to conform to Township specifications. The location of the water meter shall not be changed by any person except with the consent of the Operating Authority. 6.3 The Owner shall pay the water service charges as indicated in the Fees and Charges By-law, as amended. The water meter shall remain the exclusive property of the Township and may be removed or replaced as and when the Township sees fit. 6.4 Charges for all measured water consumption, as well as any work or services performed by the Operating Authority will be determined by the Operating Authority as indicated in the Fees and Charges By-law, as amended. Work performed on the water distribution system that requires an Owner or occupant to flush their plumbing system within the building to remove dirt or cloudiness shall not be exempt in part or whole from any measure water consumption and applicable rates and charges. 6.5 The Township and persons authorized by the Township shall be allowed access to the premises and be provided free and clear access to the water meter at all reasonable times for the purpose of reading. Where such access is not provided by the Owner within 14 days upon notification, the Township may, at its discretion shut-off the supply of water until such time as access to the meter is provided. 6.6 The Owner shall supply, install and be responsible for maintaining in good working order the inlet valve to the water meter, the outlet and bypass valve for all water meters and shall ensure that such valving is accessible. 6.7 Any leaks that develop at the water meter or its couplings must be reported immediately to the Operating Authority. The Township is not liable for damage caused by such leaks. 6.8 No person, other than persons authorized by the Operating Authority shall be permitted to open, tamper with the water meter or seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of water passing through such water meter. Should any person change, tamper or otherwise interfere, in any way whatsoever, with any water meter, the Operating Authority may shut-off the water from such building and the water shall not be turned on again without the express consent of the Operating Authority. 6.9 If, for any cause, any water meter is found to not be working properly, then the amount of water to be charge for shall be estimated on the average reading for previous periods when the water meter was working properly. 6.10 When the water meter is equipped with a remote read unit and a discrepancy occurs between the reading at the water meter and the reading on the remote device, the Township will consider the reading at the water meter to be correct and will adjust and correct the Owner's account accordingly. 7.0 Operation and Maintenance of the Water Distribution System 7.1 The water service stub shall be maintained by the Township at the Township's expense. All pipes, valves, fittings and other equipment between the watermain and the streetline shall remain the property of the Township. 7.2 Any and all defects, including the breaking of a water service and meter pit shall be repaired by the Owner of the property being serviced. Should the Township become aware of any such defect, and upon written notice to the owner, the said defect is not repaired within seven (7) days of the date of the notification or within such times as the Operating Authority may deem necessary, then the Township may turn off the water supply to the property. 7.3 No person, other than persons authorized by the Operating Authority shall be permitted to operate the water shut-off valve to any premises. Furthermore, all water shut-off valves must be left clear and accessible at all times. 7.4 All water service to and including the water meter shall be properly protected from frost and any other damage at the expense and risk of the Owner of the property being serviced. The Owner shall be responsible for the water loss occasioned by a leak in the water service and the charge for such water loss shall paid by the Owner. The Township shall not be held responsible for any damages arising from such leak. 7.5 When any premises is left vacant or without heat it is the Owner's responsibility to shut-off the water supply from within the premises and to drain the piping therein. The Owner shall request that the Operating Authority have the water shut-off valve turned off to stop the water supply. The valve will be turned on only at the Owner's request. The Owner shall pay for this service at the rates as indicated in the Fees and Charges By-law, as amended. 7.6 When any premises left vacant, unattended or without heat, where the water supply has not been shut-off, suffers damage to it and its contents from a leaking or burst water pipe, the Owner or Occupant shall have no claim against the Township. 7.7 Thawing out frozen water service stubs shall be the Township's responsibility. Thawing out a frozen water service 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 property, all such assistance 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. 7.8 The Township agrees to 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 is not liable for damages to the Owner or Occupant caused by the breaking of any water service pipe or attachment, or for the shutting off of water to repair or rehabilitate watermains or to tap watermains. Where planned work on the distribution system is contemplated the Operating Authority will make reasonable effort to provide notice to the lands affected of the intention to shut-off the water, save and except for emergency shut downs. 7.9 No person, other than those authorized by the Operating Authority shall open or close a water valve in the public water distribution system, or remove, tamper with or in any way interfere, break, damage, destroy, deface or tamper with any water shut-off valve, water meter, structure, watermain or water service in the water distribution system, nor tap off or make any connection to a watermain. 7.10 The Operating Authority shall be responsible for the operation and maintenance of all Municipal Water Systems, including required testing, servicing, and the removal of snow from around all hydrants, as deemed necessary. 8.0 External Use of Water 8.1 During the period from May 15 to September 15, the external use of water is permitted as follows: • On even calendar dates for those municipal addresses ending with numbers 0, 2, 4, 6 & 8 • On odd calendar dates for those municipal addresses ending with numbers 1, 3, 5, 7 & 9 • Only between the hours of 7:00 pm and 11:00 pm on the day permitted for the external use of water 8.2 The Operating Authority, in its absolute discretion, is authorized to impose at any time any other water use regulation which it deems advisable to further limit the external use of water. The authority shall include, but is not limited to, the right to further limit the hours of external water use on permitted days and to ban completely the external use of water at any time. Notice of additional water use regulation shall be given by the Operating Authority by publishing in local media or the Internet. 8.3 Exemptions to Section 8.1 may be considered at the sole discretion of the Director for new sod, grass seed or hydro seeded areas for a maximum fourteen (14) consecutive days. 9.0 Fire Hydrants 9.1 No person, except for Township personnel, or volunteer firefighters authorized by the Township Fire Chief, or those authorized under the Safe Drinking Water Act, 2002, are permitted to operate a fire hydrant. 9.2 No person shall paint fire hydrants or tamper with the colour scheme of fire hydrants except with the permission of the Operating Authority. 9.3 No person shall obstruct the free access to any fire hydrant or plant or place, or cause or permit to be planted or placed, vegetation or other objects within a 4 meter corridor between the hydrant and the curb or roadway shoulder nor within a 1.5 metre radius beside or behind a hydrant except with the prior written authorization of the Operating Authority. 9.4 Except for water used for firefighting and those operations authorized by the Operating Authority, any use of Township fire hydrants for water supply is prohibited. 10.0 Prohibitions 10.1 No person shall contravene any provision of this By-law or any order or notice issued pursuant to this By-law. 10.2 No person shall let off or discharge water so that the water runs waste or useless out of the works. 10.3 No person shall improperly waste the water or, without the consent of the Township, lend, sell, or dispose of the water, give it away, permit it to be taken or carried away, use or apply it to the use or benefit of another, or to any use and benefit other than his own or increase the supply of water agreed for. 10.4 No person shall without lawful authority open or close any valve or hydrant, or obstruct the free access to any hydrant, stopcock, valve, chamber or pipe by placing on it any building material, rubbish or other obstruction. 10.5 No person shall alter any water 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. 10.6 No person shall lay or cause to be laid any pipe or watermain to connect with any pipe or watermain of the water distribution system, or in any way obtain or use the water without the consent of the Township. 10.7 No person shall use or permit the use of water externally except in accordance with the regulations set out in this By-law or any other regulation imposed by the Operating Authority. 11.0 Orders 11.1 If after inspection, an Officer is satisfied that a contravention of this By-law has occurred, the Officer shall notify the registered owner of the land of the particulars with a "Notice of Contravention" and/or an "Order to Comply" pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, at the same time and provide all occupants with a copy of the notice and such order shall contain: 11.1.1 the municipal address and the legal description of the land; 11.1.2 reasonable particulars of the contravention; 11.1.3 the period of time within which there must be compliance. 11.2 The Officer, by a written Notice of Contravention and/or an Order to Comply pursuant to subsections 444(1) and 445(1) of the Municipal Act, 2001, as amended, may require any person who has not complied with the provisions of this By-law, or where any authorization for works has been issued on mistaken, false or misleading information: 11.2.1 to cease all work; 11.2.2 to restore/repair any damages caused; 11.2.3 to do all work necessary to eliminate any hazards resulting from the work that has occurred. 11.2.4 to be responsible for all cost associated with the remedial work. In the event the cost to repair damages is not paid, the Township will apply the balance owing to the municipal tax roll. 12.0 Offences 12.1 Every person who hinders or obstructs, or attempts to hinder or obstruct, any Officer exercising a power or performing a duty pursuant to this By-law is guilty of an offence as provided in section 426 of the Municipal Act, 2001. 12.2 Every Person who contravenes the provisions of the By-law is guilty of an offence and liable upon conviction to a penalty as set out in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 12.3 The conviction of an offender upon the breach of any provisions of this By-law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision. Section 442 of the Municipal Act, 2001, S.O. 2001, c.25, as amended from time to time, shall further apply to any continued or repeated breach of this By-law. 13.0 Severability 13.1 If any court of competent jurisdiction finds that any of the provisions of this By- law are ultra vires the jurisdiction of Council, or are invalid for any reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the By-law, which shall remain in full force and effect. 14.0 Miscellaneous 14.1 If any provision of this By-law is inconsistent with the Municipal Act, the Safe Drinking Water Act, or any other Act, the provisions of the applicable Act shall prevail. 14.2 Where the context permits, words importing the singular also include more than one persons, parties or things of the same kind. Where the context permits, words importing the masculine gender also include female as well as male.