BYLAW - Regulate Cross Connections Backflow Prevention - 20141216 - 565414THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5645-14
BEING A BY-LAW to regulate
cross connections and
backflow prevention in private
plumbing systems as required
to protect the Town of Aurora
drinking water system from
contamination.
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that The Corporation of the Town of Aurora (the "Town") may pass by-laws
relating to public utilities, including matters affecting water distribution, and for the
purposes related to health, safety and well-being of persons;
AND WHEREAS subsection 11(1) of the Safe Drinking Water Act, 2002, S.O. 2002, c.
32, as amended, requires every owner of a municipal drinking water system to ensure
that all water provided by the system meets the requirements of drinking water quality
standards and that the drinking water system is operated in accordance with the Safe
Drinking Wafer Act, 2002;
AND WHEREAS Part 7 (Plumbing) of the Building Code (as defined in this By-law)
requires potable water systems to be protected from contamination;
AND WHEREAS contamination of the Town's drinking -water system can arise as a
result of a backflow incident from a private plumbing system that is attached to the
Town's municipal drinking -water system and such contamination of the municipal
drinking -water system can have an adverse impact on the health, safety and well-being
of the users of the Town's drinking water;
AND WHEREAS, the Town desires to put mechanisms in place so as not to permit the
discharging of a contaminating substance into the municipal drinking -water system,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
1. DEFINITIONS
1.(1) The following words as set out in this by-law shall have the following meanings:
(a) "Authorized Functions List" means the list of functions and the persons
with the required qualifications authorized to carry out such functions as set
out in Schedule "A" of this by-law;
(b) "auxiliary water supply" means any water source or system, other than the
Town's potable water distribution system, that may be available in a building
or structure on any property;
(c) "backflow" means the flowing back of or reversal of the normal direction of
the flow of water;
(d) "backflow preventer" means a device or a method that prevents backflow
in a water distribution system and includes, but is not limited to, a reduced
pressure principle assembly, a dual check valve and a double check valve;
(e) "building" shall have the same meaning as set out in Building Code Act
and includes anything constructed or built permanently ortemporarily which
is provided with a source of potable water;
(f) "Building Code" means the regulations, as amended from time to time,
made under section 34 of the Building Code Act;
(g) "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c, 23,
as amended or successor thereto;
(h) "cross connection" means any actual or potential connection between a
potable water system and any source of pollution or contamination and
By-law Number 5645-14
Page 2 of 7
includes any by-pass, jumper connection, removable section of pipe, swivel
or changeover device and any other temporary or permanent connecting
arrangement through which backflow may occur;
(i) "Cross Connection Control Survey Report" means a report which shall
include all cross connections identified, the existing method of protecting
those cross connections and corrective measures, recommendations and a
date for which each device will be installed on the Town's prescribed form,
as amended from time to time;
(j) "Cross Connection Control Survey Report Fee" means the prescribed
fee, if any, as set out in the Town's Fees and Charges By-law, as amended
from time to time;
(k) "CSA Standard" means the document entitled B64.10-11/B64.10.1-11 —
'Selection and installation of backflow preventers/Maintenance and field
testing of backflow preventers', as well as any other standards documents
that are applicable to backflow prevention works, installation, testing and
maintenance, published by the Canadian Standards Association, as
amended or any successor thereof;
(1) "Director" means the Director of Infrastructure & Environmental Services
for the Town or any person authorized by the aforesaid to act in his/her
place;
(m) "multi -residential building" means a residential building that consists of
more than one self-contained residential dwelling unit, but does not include
buildings that only consist of residential single -dwelling units that are solely
attached to other residential units on the sidewall (such as semi-detached
homes, townhomes or row houses);
(n) "Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as
amended or successor thereto;
(o) "owner" means any person, firm or corporation having control over property
to which this by-law applies and includes the owner registered on the title of
the property and any occupant of any building or structure on such property;
(p) "person" includes any individual, corporation, partnership, company,
association or party and the heirs, executors, administrators, or other legal
representative of such person to whom the context can apply at law and
shall also include any group of persons comprising a society,
association or other organization and shall include the plural where the
context so requires;
(q) "plumbing system" means a system for water and wastewater not on the
Town's right of ways and waterworks easements, separate from the
municipal potable water system as defined in the Building Code;
(r) "potable water" means water that is safe for human consumption and that
complies with section 10 of the Safe Drinking WaterAct, 2002, S.O.2002, c.
32, as amended or successor thereto;
(s) "Preventer Test Report" means an inspection and testing report of a
backflow preventer containing the make, model, serial number, size, type,
installation date, location and installation address and the test results on the
Town's prescribed form, as amended from time to time;
(t) "Preventer Test Report Fee" means the prescribed fee, if any, as set out in
the Town's Fees and Charges By-law, as amended from time to time;
(u) "Preventer Test Tag" means a tag, containing the make, model, serial
number, size, type, location, installation date and address as well as test
history of a backflow preventer;
(v) "Town" means The Corporation of the Town of Aurora;
(w) "water meter" means an apparatus at a property/building/structure used to
record the amount of water supplied to such property/building/structure by
the Town through the municipal water system.
By-law Number 5645-14 Page 3 of 7
2. APPLICATION OF BY-LAW AND CROSS CONNECTION PROHIBITION
2.(1) This by-law applies to all existing and proposed industrial, commercial,
institutional and multi -residential buildings within the Town, except for buildings of
residential occupancy within the scope of Part 9 of the Building Code.
2.(2) Notwithstanding subsection (1), this by-law applies to any building where a
condition exists, or a condition is created or proposed to be put in place, in a
building or structure that is determined by the Director to be hazardous or
detrimental to the municipal drinking water system based on the risk of
contamination of the municipal drinking water system by such condition.
2.(3) Notwithstanding subsection (1), this by-law applies to any building that has a
connection, or where such a connection is proposed or put in place, to the
municipal drinking water system and also to any auxiliary water supply, lawn
sprinkler or irrigation system, or fire protection system (except for a residential full
flow through fire sprinkler system).
2.(4) No person or owner shall connect, cause to be connected, or allow to remain
connected to the Town's municipal drinking -water system or any other potable
water system any plumbing, piping, fixture, fitting, container, appliance, vehicle,
machine or the like in a manner which may under any circumstance allow water,
waste water or any other liquid, chemical or substance to enter such municipal
drinking -water system or potable water system, except where suitable backflow
prevention is provided in compliance with the provisions of this by-law.
2.(5) No person or owner shall connect, cause to be connected, or allow to remain
connected any auxiliary water supply or private well to a plumbing system which
is supplied by the Town's municipal water system, unless appropriate premise
isolation is provided.
3. CROSS CONNECTION CONTROL SURVEY REQUIREMENT
3.(1) A Cross Connection Control Survey is required to be completed and submitted
along with the Cross Connection Control Survey Report Fee to the Town within
thirty (30) days of:
(a) the Town notifying the owner of an existing building that a survey is
required, based on a risk assessment and prioritization conducted by the
Director of all buildings to which this by-law applies;
(b) a new connection being made to a building to which the by-law applies;
(c) the circumstances or equipment to which a survey applies changing or
being modified that alters, or has the potential to alter, the information
contained in a most recent Cross Connection Control Survey that has
been provided to the Town; or
(d) the use or circumstance of a building changing or being modified in a
manner that increases, or has the potential to increase, the hazard level
for a plumbing system to which the most recent Cross Connection Control
Survey applies.
3.(2) A Cross Connection Control Survey shall be carried out starting from the water
meter to all plumbing in each building linked to such meter.
4. INSTALLATION OF BACKFLOW PREVENTION DEVICES
4.(1) Every person installing a backflow preventer or causing a backflow preventer to
be installed or replaced shall ensure that:
(a) such device is installed in a building structure, unless otherwise directed
by the Director;
(b) where such device is installed in respect of premise isolation, all piping
between the water meter and such device is clearly labelled "no
connection permitted"; and
(c) where such device is installed in respect of individual, area, source or
zone isolation, all piping between the point of contamination or potential
By-law Number 5645-14
Page 4 of 7
contamination and the point at which the device is located is labelled "non -
potable water".
5. PERSONS PERMITTED TO CARRY OUT WORK
5.(1) Only those persons with the required qualifications listed in the Authorized
Functions List, attached as Schedule "A", shall carry out the corresponding
functions set out therein.
5.(2) In addition to required qualifications listed in the Authorized Functions List, the
persons listed in the Authorized Functions List attached as Schedule "A" who are
permitted to perform the Cross Connection Control Surveys or testing of backflow
preventers shall also have and submit proof of the following qualifications in a
form satisfactory to the Town:
(a) a Tester's Certificate issued by the American Water Works Association or
an approved equivalent which has been issued or renewed within five (5)
years prior to date of the submission of a Cross Connection Control
Survey Report or a Preventer Test Report; and
(b) a current calibration certificate for the test equipment issued within the
(12) twelve months prior to the date of submission of a Preventer Test
Report.
6. TESTING OF BACKFLOW PREVENTERS
6.(1) Every owner who has a backflow preventer installed on his or her property shall
ensure that:
(a) such a device is tested when it is first installed and annually thereafter,
unless deemed by the Director to be impossible, or when requested by the
Director, and also when it is cleaned, repaired, overhauled or relocated;
(b) when such device is tested, that a Preventer Test Report of such a test is
completed;
(c) the Preventer Test Report is submitted to the Director within fourteen (14)
days of the test being conducted along with the Preventer Test Report
Fee;
(d) in the event that such a device is malfunctioning or otherwise not in proper
working order, cause the device to be repaired or replaced; and
(e) whenever a device is tested, a test tag is affixed to the device.
6.(2) Every qualified person who tests a backflow preventer shall:
(a) provide a legible Preventer Test Report to the owner of the premises
subject to such a test;
(b) upon completing such test, supply, complete and affix a Preventer Test
Tag to the device or immediately adjacent to the device on the piping
connected thereto; and
(c) upon finding that such device is malfunctioning or otherwise not in proper
working order, immediately notify the owner of the premises subject to
such a test and the Town of such condition.
7. BACKFLOW TEST EQUIPMENT MAINTENANCE
7.(1) Where required by the CSA Standard, all equipment used to test backflow
prevention devices shall be verified and/or calibrated for accuracy. Proof of such
verification and/or calibration shall be presented to the Town upon request and in
conjunction with the submission of Preventer Test Reports.
By-law Number 5645-14
Page 5 of 7
8. GENERAL PROVISIONS
8.(1) Notwithstanding anything this by-law, the Town may at anytime order an owner
to conduct tests, provide reports, including a Cross Connection Control Survey
Report or a Preventer Test Report, and undertake any other measures required
for the prevention of backflow or protection of a cross connection.
8.(2) Reports identified in this by-law shall be submitted to the Infrastructure &
Environmental Services Operations Division within fourteen (14) days of
completion of the related work, or as otherwise specified or directed.
8.(3) The selection, maintenance, and field testing of backflow prevention devices
shall be in accordance with the CSA Standard and the Building Code, or by a
professional engineer using the CSA Standard.
8.(4) An owner shall obtain, or ensure that it is obtained, a building permit pursuant to
the Town's Building By-law in order to install, modify or perform any corrective
action, or to remove a backflow preventer and any related plumbing.
9. CORRECTIVE ACTIONS ON CROSS CONNECTION CONTROL
DEFICIENCIES
9.(1) Every owner shall take corrective actions on any deficiencies or to address any
recommendations identified either on a Cross Connection Control Survey Report
or on a Preventer Test Report for his or her property and provide an updated
report once such actions are carried out.
10. REMOVAL OF BACKFLOW PREVENTION DEVICES PROHIBITED
10.(1) No owner of a building in which a backflow preventer is installed shall cause or
permit the removal of such device, or part thereof, unless such removal is to
replace the device with another device that meets or exceeds the provisions of
this by-law or such removal is due to change of the function of a building or
structure into a category to which this by-law does not apply or that would not
require a backflow preventer and such removal is approved by the Director.
11. ADMINISTRATION AND ENFORCEMENT
11.(1) The Director shall be responsible and is delegated the power to administer and
enforce this by-law, including prescribing the content of any forms or other
documents required under this by-law from time to time.
11.(2) The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
11.(3) All fees and charges pursuant to this by-law may be set by the Town's Council
from time to time and shall be set out in the Town's Fees and Charges By-law.
12. POWER OF ENTRY
12.(1) The Town may, at any reasonable time, enter on any land for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
(a) this by-law;
(b) direction or order made pursuant to this by-law or the Municipal Act;
(c) condition of any permit or licence issued under this by-law; or
(d) an order made under section 431 of the Municipal Act.
12.(2) For the purposes of an inspection under subsection (1), the person conducting
the inspection may:
(a) require the production for inspection of documents or things relevant to the
inspection;
By-law Number 5645-14 Page 6 of 7
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
12.(3) The Town may undertake an inspection pursuant to an order issued under
section 438 of the Municipal Act.
12.(4) The power of entry may be exercised by an employee, officer or agent of the
Town.
12.(5) No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town carrying out
an inspection.
12.(6) No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
13. CONTRAVENTION ORDERS
13.(1) Where the Director or any Town municipal law enforcement officer is satisfied
that a contravention of this by-law has occurred, such person may make an order
requiring the person who contravened the by-law or who caused or permitted the
contravention, or the owner or occupier of the land on which the contravention
occurred, to discontinue the contravening activity and/or to do work to correct the
contravention.
13.(2) Whenever this by-law or an order issued under this by-law directs or requires any
work or thing to be done by any person, in default of it being done by the person
directed or required to do it, such work may be done by the Town or its agents at
that person's expense and the Town may recover all costs and expenses
incurred through a legal action or by recovering such costs in the same manner
as taxes.
13.(3) The Town may, in addition to taking any other steps, shut off the water supply to
a property or any portion of a property if the Director deems that a threat of
contamination exists from such a property that can endanger public health or
safety until such time as the threat of contamination is eliminated.
14. OFFENCES AND PENALTIES
14.(1) Any person who contravenes any provision of this by-law or an order issued
pursuant to this by-law or the Municipal Actor fails to comply with an order issued
pursuant to this by-law or the Municipal Act is guilty of an offence.
14.(2) All contraventions of this by-law or of orders issued by the Town pursuant to this
by-law or the Municipal Act are designated as multiple offences. A multiple
offence is an offence in respect of two (2) or more acts or omissions each of
which separately constitutes an offence and is a contravention of the same
provision of this by-law.
14.(3) Any contravention of this by-law shall be deemed to be a continuing offence for
each day or part of a day that the contravention remains uncorrected or an order
of the Town issued pursuant to this by-law or the Municipal Act is not complied.
14.(4) Every person convicted of an offence under this by-law is liable,
a) on a first conviction, to a fine in an amount of not more than $50,000;
b) on any subsequent conviction, to a fine of not more than $100,000;
By-law Number 5645-14 Page 7 of 7
c) upon conviction for a continuing offence, to a fine of not more than
$10,000 for each day or part of a day that the offence continues, however
the total of the daily fines is not limited to $100,000; and
d) upon conviction for a multiple offence, for each offence included in the
multiple offence, to a fine of not more than $10,000, however the total of
all fines for each included offence is not limited to $100,000.
14.(5) Every person convicted of an offence under this by-law may be liable to a special
fine in the amount of the economic advantage or gain that such a person
obtained from the contravention of this by-law.
15. SEVERABILITY
15.(1) If any provision of this by-law or the application thereof to any person or
circumstance is held to be invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions or applications of this by-law which can
be given effect without the invalid provision or application, and to this end the
provisions of this by-law are severable.
16. SHORT TITLE
16.(1) This by-law shall be known and may be cited as the "Backflow Prevention By-
law".
17. GENERAL
17.(1) Section headings in this by-law are not to be considered part of this by-law and
are included solely for the convenience of reference and are not intended to be
full or accurate descriptions of the sections of this by-law to which they relate.
17.(2) This by-law shall come into full force and effect on the date of final passage
hereof.
READ A FIRST AND SECOND TIME THIS 16t" DAY OF DECEMBER, 2014.
READ A THIRD TIME AND FINALLY PASSED THIS 16t" DAY OF DECEMBER,
2014.
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