THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER BY-LAW

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1 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER BY-LAW BEING A BY-LAW TO ENACT RULES AND REGULATIONS FOR THE MAINTENANCE AND OPERATION OF A SYSTEM OF WATER WORKS IN THE MUNICIPALITY OF BLUEWATER WHEREAS the Municipality of Bluewater proposes to construct or has constructed, and operates and maintains a water works system within the Municipality; AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 7, states that the service pipes from the line of a highway to the interior face of the outer wall of the building supplied, together with all branches couplings stopcocks and apparatus placed therein by the corporation are under its control, and if any damage is done to that portion of the service pipe or its fittings, the owner shall forthwith repair the same to the satisfaction of the corporation, and, in default of so doing, whether notified or not, the corporation 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 cost may be collected in the same manner as water rates; AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 8, states that a corporation may regulate the distribution and use of the water in all places where and for all purposes for which it may be required, and fix the prices for the use thereof, and the times of payment, and may erect such number of public hydrants and in such places as it may see fit, and may direct in what manner and for what purposes the same shall be used, and may fix the rate or rent to be paid for the use of the water by hydrants, fireplugs and public buildings. AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 12, empowers the corporation of a local municipality to pass by-laws for regulating the time, manner, extent and nature of the supply by the works, the building or persons to which and to whom the water shall be furnished, the price to be paid therefore, and every other matter or thing related to or connected therewith that it may be necessary or proper to regulate, in order to secure to the inhabitants of the municipality a continued and abundant supply of pure and wholesome water, and to prevent the practicing of frauds upon the corporation with regard to the water so supplied, and for providing that for a contravention of any such by-law the offender is guilty of an offence AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 13, provides for the prohibitions and penalties for any person who commits any act with respect to the water utility not in conformity with the Act; AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 28, empowers the corporation of a local municipality to pass by-laws for the maintenance and management of the works and the conduct of the officers and others employed in connection with them, and may also by by-law or resolution fix the rates or charges for supplying the public utility and the charges to meet the cost of any work or service done or furnished for the purpose of a supply of a public utility, and the rent of or charges for fittings, apparatus, meters or other things leased or furnished to consumers and provide for the collection of such rates, charges and rents, and the times and places when and where they shall be payable, and for allowing prepayment or punctual payment such discounts as may be considered expedient; AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 31 provides that the amount payable to a municipal corporation or to a public utility or hydroelectric commission of a municipality by the owner or occupant of any lands for the public utility supplied to the owner or occupant for use thereon is a lien and charge upon the estate or interest in such land of the person by whom the amount is due, and may be collected by distress upon the goods and chattels of the person and by the sale of the person s estate and interest in the lands and in the case of an amount payable by the owner of lands, the amount is a lien and charge upon the lands in the same manner and to the same extent as municipal taxes upon land;..2

2 Page 2 By-law No AND WHEREAS the Public Utilities Act, R.S.O. 1990, Chapter P.52, Section 50 provides that any person authorized by the corporation 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 public utility is supplied for the purpose of inspecting or repairing, or of altering or disconnecting any service pipe, wire or rod, within or without the building, or for placing meters upon any service pipe or connection within or without the building as he or she considers expedient and 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, for fixing the price to be paid for the use of the meter, and the times when and the manner in which the price shall be payable and for cutting off the supply of the utility and for the removal of any fittings, machines, apparatus, meters, pipes or other things being the property of the corporation; AND WHEREAS the Council of the said Municipality of Bluewater deems it expedient and desirable to make certain rules and regulations for the operation of the said water works system; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE MUNICIPALITY OF BLUEWATER ENACTS AS FOLLOWS: l. In this by-law: (l) "Municipality" and "Corporation" shall mean the Corporation of the Municipality of Bluewater. (2) "Council" shall mean the Municipal Council of the Municipality of Bluewater. (3) "Ministry" shall mean the Ministry of the Environment. (4) "Water Works System" shall mean the works and equipment under the jurisdiction of the Municipality of Bluewater for the support or distribution of water or any part of such system. (5) "Premises" shall mean the property being supplied or to be supplied with water and includes the portion of a multiple occupancy premises separately supplied with water and includes the portion of a multiple occupancy premises separately supplied. (6) "User" shall include, as the context requires, the applicant for water supply, the owner or occupant of the person to whom invoices are sent for water supplied to the affected premises. (7) "Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Municipality with water from the water works system established and situated between the watermain and the limit of the street on which the premises so supplied front or abut: (8) "Private Water Service" shall mean the pipes and fixtures used for the purpose of supplying any premises in the Municipality with water from the water works system and situated between the street line in front of our abutting the premises so supplied and the premises. (9) "Metered User" shall be any applicant for water whose property is zoned AG1,AG2,AG3, AG4 with lot size greater than.5 acres, AG5, ER1, ER2, RC2, RC3, R4,VC1,VC2,I1, DS, and U under the zoning by-law for the Ward of Hay; in the Ward of Bayfield and Stanley, all users will be metered; in the Ward of Hensall and Zurich, all commercial and apartment users will be metered. (10) "Domestic Users" shall be defined as all who use water for normal personal use only...3

3 Page 3 By-law No (11) "Vacant Land" shall mean land on which there is no dwelling or structure permitted by the Zoning By-law for the Ward in which the vacant land is located. 2. Jurisdiction (1) The Council shall appoint, from time to time, a person or persons known as the Water Inspector of the Public Works Department of the Municipality of Bluewater whose duties shall be: (a) (b) (c) (d) To enforce provisions of this by-law. To supervise and inspect all watermains, connections, water services, and private water services installed by private parties in the Municipality. To perform such other duties as may be given to him by the said Council. The Water Inspector shall hold office during the pleasure of the Council. (2) The Huron County Unit shall have jurisdiction for plumbing inspection for all plumbing, including beyond the requirements of this By-law under Ontario Regulation No. 815/ (1) The rules and regulations set out in this By-law shall govern and regulate the operation of any system of water works in the Municipality and shall be considered to form a part of the contract between the Corporation and the owner or occupant of any building for a supply of water by the Municipality to such building, and every such owner or occupant by applying for or accepting a supply of water from the Municipality shall be deemed to have expressed his consent to be bound by the said rules and regulations. 4. Application for Water Connection Permit (l) No person shall make any connection to the Municipality's water works system without first having obtained a permit from the Public Works Department and such permit shall be called a "Water Connection Permit", as follows: (2) All persons desiring a supply of water from the Municipality shall, first, make written application to the Municipality, upon the appropriate form approved by Council, as set out in Schedule "A" to this By-law, showing the purposes for which water is required. Subject to subsection (3) of this section, such application to be signed by the owner of the building to be supplied with water, or by his agent duly authorized in writing. (3) Where the necessary water services and private water services have already been installed, and the cost of such installation fully paid, and the premises for which the supply of water is required is occupied by a tenant, the application for a supply of water to said building may be signed by the occupant of such building. (4) The application for supply of water to each premises shall be accompanied by a payment of $50.00 as fee for inspection of newly installed private water service and initial turning-on of the water supply. (5) Any subsequent inspection(s) required by the Water Inspector to accept the installation of the private water shall be subject to further inspection fee(s) of $25.00 each, payable to the Municipality prior to the turning on of the water. (6) Any services to be disconnected and reconnected for winterizing of residences will be subject to a $50.00 fee payable on the following water bill.

4 Page 4 By-law No Water service connection Any person applying to the Public Works Department for a supply of water after completion of the water works system shall pay to the Public Works Department in advance of installation, the charge set by Council for installing the necessary water service. 6. (1) After the payment referred to in the preceding subsection has been made to the Public Works Department, and approval is received from the Municipality for said connection, the Public Works Department shall arrange to install the necessary water service. (2) Persons making application for the installation of water services other than the ordinary dwelling house services shall, at the time of such application, pay to the Water Department the charge for such water services imposed by Council and, upon the receipt of such sum by the Water Department and approval from the Municipality for said connection, the Water Department shall arrange to install the necessary water services. 7. The Water Inspector shall determine the size of the pipes and fittings to be connected to a watermain, but no water service shall be less than three-quarters of an inch nominal diameter, and shall also determine the position in the street where the water services may be connected to any watermain. 8. (1) Acceptable materials for water service connection pipes up to and including 2" in internal diameter are as follows: Soft Copper - Certified to ASTM Standard B88-88 or B Polyethylene - Series 160 Any equivalent material in accordance with the Ontario Plumbing Code (2) Acceptable materials for water service connection pipes greater than 2" in internal diameter are as follows: Polyethylene - Series 160 Poly Vinyl Chloride - Class 100 Any equivalent material in accordance with the Ontario Plumbing Code Except for cross-linked polyethylene pressure pipe certified to CSA Standard CAN/CSA- B137.5-M89 polyethylene pipe shall not be used above ground. (3) All private water services to be approved water-tight. 9. Water services shall be installed only by persons employed by the Water Inspector or designated by him and approved by the Municipality. 10. (1) Unless the Water Inspector otherwise directs, no water services shall be installed between the first day of December in any year and the first day of April in the following year. (2) Where the Water Inspector is of the opinion that a water service may be safely installed between the first day of December in any year and the first day of April in the following year, he may permit such water service to be installed upon such terms and conditions as he may deem necessary. 11. All water services shall be at least five feet below the finished grade of the street in which such services are laid, and will be properly protected from freezing...5

5 Page 5 By-law No Private Water Services Connections Materials for private water services, outside the owner's premises shall conform to specifications listed in clause 8 above. The pipes and fittings used for private water services shall conform in design and quality to the standard prescribed by the Water Inspector, or in accordance with the Plumbing Code, Ontario Regulation 815/ All private water services shall be laid at least five feet below the finished grade of area through which they are installed, and shall be properly protected from freezing. 14. All plumbing connections at the lot line, to and inside the house shall be installed by a qualified plumber as per the Plumbing Code under the Ontario Water Resources Act, Ontario Regulation 815/84, or a qualified plumbing apprentice as per Regulation 52 of the Revised Regulations of Ontario, 1988 under the Apprenticeship and Tradesmen's Qualification Act. A buried water service cannot be closer than 15' away from any source of pollution (ie. septic tank) unless the pipe is continuous without joints or fittings from the street line to the inside face of the building. 15. Private water services shall be properly laid and graded with a fall to a stop and waste cock placed in the floor in the cellar or basement, or other convenient place so that all pipes within the building may be emptied by opening the faucet at the highest point therein and allowing air to enter the said pipes. In any buildings to which there is no basement, a stop and waste cock shall be placed so that it is protected from frost, and so that the pipes may be conveniently drained. In all commercial premises, as designated by the Water Inspector, sufficient space shall be allowed on the horizontal pipe for the installation of a water meter. 16. Private water service pipes in a building shall consist of only rigid materials and shall be located in the parts thereof best protected from frost. No private water service pipes shall be placed back of the plaster on the outside walls. In buildings where there is no cellar, the pipes shall be carried to or near the centre of the building or to an unexposed part thereof, previous to being carried upward. In all exposed situations, if it is necessary to protect the service pipes and fixtures from freezing, each pipe shall be properly insulated with two inch minimum thickness preformed polystyrene pipe insulation, and surrounded by a box constructed of some non-conductive material. The void spaces within the box shall be packed with a non-conducting material. It shall be the duty of the installer employed by the owner or agent to protect and guarantee from damage by frost all work done by him. 17. Pressure reducing valve(s) and back flow preventers shall be installed on each private water service in location(s) approved by the Water Inspector. 18. Reduced pressure principle back-flow preventors certified to CSA standard B64.4- M88 shall be used between a wet stand pipe containing antifreeze or chemicals and a potable water supply, and back-flow preventors certified to CSA B64-M88 shall be used between a water storage fire prevention system and potable water supply...6

6 Page 6 By-law No The Water Inspector shall be notified by the owner of the premises when the private water service has been laid and is ready for inspection. All works must be left uncovered and convenient for examination until inspected and approved. No water supply shall be turned on until the work is inspected and approved by the Water Inspector. 20. The owner of any property shall maintain in proper order and repair, at his own expense, the private water service and its fixtures and appurtenances. 21. Except where there is a specific agreement with the Municipality: (1) Not more than one building shall be supplied from a single water service and for the purposes of this by-law a semi-detached dwelling shall be deemed a separate dwelling. (2) No person shall permit water supplied to a consumer to be removed from the consumer's premises and used for any use or benefit other than to the consumer. (3) Provided that where a building occupies the frontage of a lot and buildings are located in the rear of the said front building all such buildings may be supplied from one water service provided that all said buildings belong to one owner and such owner pays the water rates for all water supplied to such buildings. 22. In all cases where range or steam boilers are supplied with water, it is understood and agreed that Municipality will not be liable for any damage which may result to any person or premises or equipment caused by the shutting off of the water from any watermain or service pipe for any purpose whatever, even in cases where no notice is given or caused by uneven water pressure. All service pipe connections to boilers shall have dual check valves with intermediate vent backflow preventers to prevent water escaping back into the mains and suitable relief valves to relieve excess pressure. 23. Where the necessary water service and private water service has been completely installed to the satisfaction of the Water Inspector, and in compliance with the rules and regulations set out in this by-law and the payments provided by Subsection (4) of Section 4; by Section 5, and by Subsection (2) of Section 26 of this by-law made to the Water Department, the water to the premises may be turned on by the Water Department. 24. All water supplied through private water services to all domestic users, other than "Metered Users,", shall be charged for at the applicable flat rates fixed from time to time by the Municipality and the owner of the premises will be held liable for all water charges. 25. Metering Facilities All water supplied through private water services to "Metered Users" shall be metered, and the rates charged shall be those fixed from time to time by the Municipality, as provided for under Section 27 and 49 of the "Public Utilities Act", being Chapter 423, R.S.O. 1980, as amended...7

7 Page 7 By-law No (1) All meters shall be furnished by the Municipality and installed by the Water Inspector or his agent. (2) The cost of purchasing and installing meters, shall be prepaid by the Municipality. Meters will remain in the ownership of the Municipality. If the meter is mechanically defective then the cost of repairs shall be paid by the Municipality, but if the meter is damaged by the carelessness or neglect of any person, other than an employee or agent of the Municipality the owner of the premises shall pay to the Municipality the cost of making the necessary repair to such meter. 27. If a meter fails to register, the consumer will be charged for the average consumption for the pertinent period as determined by the Water Department. 28. All water passing through a meter will be charged for whether used or wasted. 29. The owner of premises to be supplied with water agrees to provide convenient and safe space free of charge or rent for the Municipality's meters, pipes, and other appliances on said premises, and further agrees that no one who is not a servant or agent of the Municipality or otherwise lawfully entitled to do so, shall be permitted to remove, inspect or tamper with any of the Municipality's said equipment. 30. (1) The owner or occupant of premises shall provide ready and convenient access to the meter in said premises so that it may be frequently read and examined by the Water Inspector or his agent. (2) Where a meter cannot conveniently be placed inside a building it shall be placed in a meter chamber, the location and construction of which are approved by the Water Inspector and the cost of which is paid for by the applicant. 31. (1) A meter will be removed and tested upon request. If it is found to register correctly or not in excess of three percent in favour of the Municipality, the expense of removing and testing of the meter will be paid by the person requesting such test. (2) If a meter when tested is found to register in excess of three percent in favour of the Municipality, a refund will be made to the consumer of an amount equal to such excess percentage of the water rates paid for the three months prior to the testing of said meter. Provided, however, that no reduction shall be made shall be made which will reduce the water rates for the three months prior to the testing of such meter below the minimum water rates fixed by council. 32. (1) One meter only shall be placed in each building, apartment or other commercial premises in the Municipality, and the plumbing shall be so arranged that all water used on such commercial premises shall pass through such meters and the owner of the premises will be held liable for water charges. (2) Every meter shall be placed in such location as the Water Inspector shall direct. 33. The Municipality may enter into agreements with owners to provide for the installation of water services or meters in any other manner satisfactory to Council...8

8 Page 8 By-law No Billings for "Domestic" (flat rate) services shall be rendered every three months. Billings for "Metered Users" shall be based on three months consumption. If meters are for any reason not read quarterly, an estimate of the previous quarterly consumption will be used for the billing. No charge for water supplied, for any type of service shall be less than the minimum rate fixed for monthly consumption by Council. 35. No reduction shall be made as provided in Section 31 if the owner or occupant of the building has not complied with the provisions of this by-law. 36. When water is supplied to a multiple family dwelling, the account for the water supply shall be charged to the owner or principal occupant of the premises and in case of non-payment, where any such default continues in default for a period of sixty (60) days, the water may be shut off under authority of sub-section 3 of Section 27 of the Public Utilities Act, 1980, as amended, notwithstanding that one or more of the occupants, have paid part or all of the account to such owner or principal occupant. 37. All sums charged for water supplied, or for expenses incurred, by the repair of private water pipe services, meters, fixtures, and all other appliances connected with the water service or for damage to the same shall be charged to the owner of the premises. If for any reasons charges for water rates cannot be collected, from the owner, or the occupant of the premises for a continuous period of sixty (60) days, the water shall be turned off under authority of sub-section 3 of Section 27 of the Public Utilities Act, 1980, as amended on account of non- payment. No application for water supply for such premises shall be approved by the Municipality, notwithstanding that the ownership of the said premises shall have changed, until such sums and other charges have been paid in full to the Municipality. 38. A book shall be kept in the offices of the Municipality, which shall contain the location of premises from which water has been turned off for non-payment of accounts and the sum remaining unpaid; and shall be for the information and protection of person or persons intending to purchase any property, and such person or persons may ascertain at the office whether any accounts appear upon such book. 39. (1) Any person may receive a certificate from the Clerk-Treasurer showing that all accounts or charges against the premises covered by such certificate have been paid or the amount of any charges or account outstanding at the nominal rate. (2) The foregoing shall not be held to prevent the Municipality from resorting to other means or method of collecting said accounts. 40. Water Rates (1) The water rates charged by the Corporation for water supplied through the water services and private water services shall be those set out by Municipal Bylaw. (2) The Council may from time to time change said water rates without notice to any person taking supply of water from the Corporation...9

9 Page 9 By-law No (3) All accounts for water shall be based on the flat rates or the metered rates. The first account shall be based upon the minimum rate for three months, or as it may be from time to time fixed by Council. (4) Payment to the Corporation of accounts for the supply of water shall be made at three month intervals. A five percent (5%) penalty shall be charged on all accounts not paid in full on or before the 21st day of the month in which the bill is issued, if the 21st falls on Saturday, Sunday, or legal holiday, the last discount date shall be the next business day. On each bill there shall be indicated the percentage of the penalty and the last date upon which bills can be paid penalty free. Accounts in default for sixty (60) days may result in the water service being disconnected under authority or subsection 3 of Section 28 of the Public Utilities Act, l980, as amended, and no further water supplied to said premises. (5) A service charge of $50.00 shall be levied for disconnecting and reconnecting any water service and for non-payment of accounts. (6) A consumer, for the purpose of payment and the supply of water, shall be deemed to be the owner of the premises and in the event of tenant or other occupant, the registered owner shall be liable for water rates and charges. 41. (1) Builders requiring water for building purposes shall make a separate application for each building to be erected. Builders shall furnish the Water Inspector with all information required by him and must show a Building Permit for the subject lot. Builders also shall pay to the Public Works Department such special water rates as may from time to time be fixed by the Council. A Water Permit for the use of water for building purposes shall be in force for six months from the date of its issue. (2) There shall be no private water service installed on vacant land unless section 41(1) applies. 42. Equipment may be installed solely for the automatic extinction of fires in buildings with approval of the Council of the Municipality of Bluewater. 43. (1) No person shall make any connection or connections whatsoever to any water service or private water service without the written consent of the Water Inspector first obtained. The owner of the premises on which an unlawful connection has been made shall be responsible for the water rates or charges which would have been payable in addition to being liable for any other penalty provided by by-law or by any Act or Acts of the Legislative Assembly of Ontario or the Parliament of Canada. (2) No person shall under any circumstances connect any faucet, tap, hydrant or appliance of any kind whatsoever to any water service or private water service without the written consent of the Water Inspector. 44. No person supplied with water by the Municipality shall be entitled to use such water for any purpose other than those stated in his or her applications. 45. No person being the owner, occupant, tenant or inmate of any house, building or other premises supplied with water by the Municipality shall rent, sell or dispose of such water or give away or permit the same to be carried away or used or apply such water to the use or benefit of any other person, except by written agreement with the Municipality...10

10 Page 10 By-law No In case of making repairs or constructing new work in connection with the water works system, the Water Inspector or his agent may shut off the water from any consumer without notice, and keep it shut off as long as may be necessary and the Municipality shall not be liable for any damage resulting there from. 47. The Water Inspector, or any person duly authorized by him for the purpose, at all reasonable hours, upon presenting of satisfactory identification, be given free access to all parts of every building to which the water is supplied, for the purpose of inspection and examination of meter, fixtures and pipes of every kind used in connection with the supply of water to or the use of water on such premises. 48. Any consumer wishing to discontinue the use of water supplied from the Municipality's Water Works, must give notice thereof at the Bluewater Municipal Office, on the required forms, or the water rates or charges will be continued until such notice is given or until the water is turned off and water cannot be shut off for more than one year, hence the owner will be charged the annual user rate. 49. (1) Whenever the water has been turned off for nonpayment of the water charges or for purposes of repair or construction or for any other necessary or proper purposes, no person will be permitted to turn it on again who is not duly authorized to do so by the Water Department. (2) Any person who has turned on or caused to be turned on water service that has been shut off for arrears and who has not been duly authorized by the Public Works Department shall be subject to a penalty of $50.00 for each offence. 50. No person or persons except the Water Inspector or those acting under his direction or authority, shall open or close any valve hydrant or gate in the street mains, or molest or interfere with the same in any manner. 51. The Water Inspector when acting in the discharge of his duties under this by-law shall be ex officio constable. 52. (1) Whenever any persons taking a supply of water from the Municipality fails to comply with the provisions of this by-law in any respect, the Water Inspector may, without notice to such persons, turn off the water and the water shall not be turned on again until all the provisions of this by-law are complied with and the sum $50.00 paid to the Water Department to cover the cost of turning the water off and on. (2) Failure to pay water rates as and when the same become due and payable shall be considered to be a failure to comply with the provisions of this by-law. 53. No person shall make or allow to be made connection between the water services or private water services and any cisterns, wells, privies, privy vaults or cesspools. 54. No person shall make or allow to be made connection between the water services or private water services and a private pressure pump. 55. Any installations must have a horizontal piece of pipe to coincide with a length of standard type meter before water service is connected. Such pipe should be located to facilitate future installation of water meters...11

11 Page 11 By-law No If water is supplied to premises on a flat rate and if the premises are occupied by more than a single family, then the rates to be charged in such cases shall be those set out for multiple family dwellings in the Municipal Rate By-law. 57. Any persons in breach of any of the provisions of this by-law is guilty of an offence. 58. The Municipality agrees to use reasonable diligence in providing a regular and uninterrupted service, but does not guarantee a constant water supply or the maintenance of unvaried pressure, and will not be liable for damages to the customer by reason of any failure in respect thereof. 59. The Municipality shall in no way be liable or responsible for loss or damage due to freezing or bursting pipes. 60. This by-law shall go into force on the day of the final passing thereof. 61. This by-law shall replace all other by-laws in the Wards of Bayfield, Hay, Hensall, Stanley and Zurich in regard to the matters contained herein. READ A FIRST AND SECOND TIME THIS 10th DAY OF DECEMBER, READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF DECEMBER, Bill Dowson, Mayor. Janisse Zimmerman, Clerk