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Bylaw No. 2665-2017

Waterworks Regulations Bylaw, 2017

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2914-2019 . Last amended May 27, 2019

Contents
 1 Citation
 2 Interpretation
 3 Application for service and connection fees
 4 Engineer to determine size and location of pipes
 5 All Works to be carried out by City employees
 6 Removal of Service
 7 Water pressure
 8 No Person to interfere with Service
 9 Access to premises by City employees for inspection
 10 48-hour notice to repair leaks or defects
 11 Right to refuse or discontinue water supply
 12 Use of water from hydrants or standpipes
 13 Destruction or obstruction of hydrants, etc.
 14 All Services to be metered
 15 Water User rates
 16 Payment for metered Service
 17 Leak adjustments
 18 Testing of meters
 20 Tampering with or damage of meters
 21 City to maintain meters
 22 Water rates to form charge on land
 23 Accounts payable to Collector
 24 No rebates or refunds
 25 Fee for reconnection of Service
 26 Discontinuation of water Services
 27 No Person to turn on discontinued Service
 28 Fire Service
 29 Cross connection
 30 City not liable for failure of water supply
 31 Water service connections for properties outside the Urban Development Boundary
 32 Water restrictions
 33 Once-Through Cooling systems
 34 Notice of discontinuation of Service
 35 City not obligated to supply water
 36 Car washes
 37 Water features
 38 Individual water meters
 39 Offence and penalties
 40 Repeal
Schedule "A"
Schedule "B"

The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

Citation

1   Bylaw No. 2665-2017 may be cited as "Waterworks Regulations Bylaw, 2017".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw.

(b) Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Community Charter, SBC, 2003, Local Government Act, RSBC, 2015, and Interpretation Act, RSBC, 1996, or as the context and circumstances may require.

(c) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.

(d) Words in the singular include the plural and gender specific terms include both genders and corporations.

(e) Headings in this Bylaw are for convenience only and must not be construed as defining, or in any way limiting the scope or intent of this Bylaw.

(f) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Application for service and connection fees

3   (1) Every Parcel, potential Parcel or Premise receiving water from the City will be supplied with water by means of a separate and independent connection to the Works.

(2) Subject to Subsections (4) and  (5) , where a Person is required under the City's Building Bylaw, 2016, to obtain a permit for work that includes the installation or renewal of a Service connection, the Person must apply to the Engineer, providing particulars such as the location of the Parcel, the intended water use, the required size, capacity and location of the Service pipe and Meter, and any other information in such detail and form as may be deemed appropriate by the Engineer, and, at the time of such Application, the Person must pay the connection fee, as set out in the City's Fees and Charges Bylaw, 2006.

(3) Where owners of a bare land strata or townhouse complex with an existing bulk Meter wish to have each unit individually metered, an Application must be submitted to the Engineer. If, in the opinion of the Engineer, it is feasible to install individual Meters, all costs associated with the installation will be the responsibility of the Owners. All individual Meters must be installed in a Meter pit at a location that is readily accessible to City staff. The Owner may hire a contractor to install the Meter pit and setter, and purchase a Meter from the City, as set out in the City's Fees and Charges Bylaw, 2006. Purchase of the Meter includes installation and programming of the Meter and endpoint. Once the contractor has completed installation of the pit and Meter setter to the satisfaction of City staff, the Meter and endpoint are the property of the City.

(4) Where, in the opinion of the Engineer, a Person is required by the City's Development Bylaw, 2011 to provide or remove Service connections in relation to a subdivision or development, the connection and disconnection fees, as set out in the City's Fees and Charges Bylaw, 2006, do not apply and that Person must pay the actual cost of providing or removing the Service connections including, but not limited to, all direct and indirect costs and expenses of designing, constructing, and installing or removing the Service connections, in accordance with the requirements of the City's Development Bylaw, 2011.

(5) Where:

(a) a Parcel has no water source or receives water from a well or a source other than the Services;

(b) a Person wishes to connect the Parcel to the Service;

(c) no approval of a subdivision of the Parcel is required under the Land Title Act, RSBC, 1996, or the Strata Property Act, SBC, 1998; and

(d) no work permit is required under the City's Building Bylaw, 2016, to install or renew such Service connection;

the Person may apply to the Engineer for the connection, by providing in writing to the Engineer the particulars of the requested connection, such as the civic address and legal description of the Parcel, the intended water uses(s), the required size, capacity and location of the Service pipe and Meter, and any other information in such detail and form as may be deemed appropriate by the Engineer. Full payment of the connection fee, as set out in the City's Fees and Charges Bylaw, 2006, is required, at the time of Application, excluding where the Person applies for a Payment Plan due to affordability, in which case the Engineer may approve the request if the Application complies with Subsection (7) .

(6) Where the Engineer assesses that financial hardship warrants repayment of Service connection fee through a Payment Plan, the following criteria will apply:

(a) the maximum term over which the Service connection fees can be amortized is five (5) years;

(b) the annual payment amount will be incorporated on the property tax notice;

(c) a charge on title will be secured until payment is complete;

(d) late payment will be subject to a late payment fee at the same rate as set out for late payment of property taxes; and

(e) the interest rate charged will be equivalent to the overnight rate earned on the City's general bank account at the time of Application.

(7) For the purposes of Subsection (6) , where an Applicant establishes financial hardship warranting a Payment Plan, together with the Application required under Subsection (5) , a statutory declaration, sworn before a commissioner for oaths, containing the following:

(a) evidence that the household net annual income for the Applicant is less than the Statistics Canada Low Income Cut-Off;

(b) evidence of the annual net income for each resident of the Applicant's household who is 19 years of age or older, by way of attachment of a Canadian Revenue Agency Notice of Assessment to the statutory declaration, for each resident of the Applicant's household who is 19 years of age or older, as an appendix to the statutory declaration;

(c) attachment of a federal GST credit or BC Low Income Climate Action Tax Credit Notice listing the names of any children included on the Application, as an appendix to the statutory declaration;

(d) evidence that the Applicant has resided in Abbotsford for at least one (1) year, and has owned or occupied the residence, in respect of which the Application is made, for at least three (3) months;

(e) confirmation that the Applicant's City utility and property tax accounts are paid in full at the time of the Application;

(f) confirmation of the execution and delivery by the Applicant of a Service Agreement with the City for a Service connection, where the Service connection comprises the pipe, tap, valves, meter and appurtenances located from the City's utility main to the Parcel in respect of which the Application is made;

(g) confirmation that the Applicant has secured all permits and approvals required under City enactments in respect of the construction and installation of Works and Services on the subject Parcel; and

(h) a statement that swearing a false statutory declaration is an offence under this Bylaw.

(8) No Person may knowingly provide false or misleading information to the Engineer in relation to an Application under this Bylaw.

(9) Upon receipt of an Application for Service and payment of the connection fee, as set out in the City's Fees and Charges Bylaw, 2006, the Engineer may cause a Service to be provided and laid down from the Works to the Applicant's Parcel as scheduling permits.

(10) The connection charges do not include any extra costs incurred during the installation of a Service due to the presence of rock or other unusual ground conditions. Should extra costs be incurred, they will be invoiced to the Applicant after the installation of the Service is completed, as set out in the City's Fees and Charges Bylaw, 2006.

(11) For connections larger than 25 mm (1") in size or longer than 25 metres, the Engineer shall prepare an estimate of the work, and the Applicant shall pay the total actual cost of installation of the connection, including direct and indirect costs, as set out in the City's Fees and Charges Bylaw, 2006. Payment of the connection costs must be made upon receipt of invoice from the City, and where such costs remain unpaid, they will form a charge against the Premises and may be recovered from the Owner of the Premises in the same manner and by the same means as unpaid property taxes.

(12) Where the Owner or occupier installed the Service connection, as part of the servicing requirements, the charge for the supply, delivery and installation of a Meter sized up to, and including 50 mm (2"), and the supply and delivery only of a Meter sized larger than 50 mm (2") will be payable as set out in the City's Fees and Charges Bylaw, 2006.

(13) Where the Engineer determines that it is practical and convenient to do so, he may, upon request, cause a Service to be laid in any route other than the shortest route from the Works to the Parcel, provided that all direct and indirect costs incurred by the City, as set out in the City's Fees and Charges Bylaw, 2006, must be paid by the Person requesting such route.

(14) If a Person is required under the City's Building Bylaw, 2016, to obtain a permit for work that:

(a) includes the installation, replacement, modification or relocation of a Service connection under this Bylaw; or

(b) in the opinion of the Building Inspector, could result in interference with, damage to, or loss of a Service or any part thereof provided under this Bylaw.

the Person must:

(c) apply to the Engineering and Regional Utilities Department to arrange for an inspection of Services by City Works staff pursuant to this Bylaw;

(d) pay the water inspection fee, as set out in the City's Fees and Charges Bylaw, 2006; and

(e) deposit with the City a security deposit for each Service connection as City's Fees and Charges Bylaw, 2006.

(15) Subject to Subsection (14) , a security deposit provided under Subsection (14) (e) will be returned to the Person who provided it, following an inspection under Subsection (14) (c) , where the inspecting staff member has indicated in writing that he is satisfied that:

(a) any work carried out under the building permit has not resulted in interference with, loss of or damage to any existing Service or Works for which the City would incur costs or expenses for remediation; and

(b) that Services included under the permit have been installed, replaced, modified or relocated in a manner consistent with this Bylaw.

(16) The City may draw upon all or any part of a deposit provided under Subsection (14) (e) to recover any costs or expenses incurred for repairing, replacing, modifying, reinstalling or relocating its Works or a Service where such remedy is necessitated by interference, loss or damage resulting from work or actions undertaken or carried out by a Person other than City staff or contractors retained by the City. Any amount of the deposit not used for these purposes will be refunded, in accordance with Subsection (15) . Any City costs, or expenses, exceeding the deposit amount will be invoiced to the Owner, as set out in the City’s Fees and Charges Bylaw, 2006. Any amount owing and unpaid 30 days after the date noted on the invoice becomes a debt owing to the City.

(17) Despite any other remedies the City may have at law for collecting fees and debts, any fees and charges owing under this Section that remain owing and unpaid as of December 31st may be recovered in the same manner as for property taxes in arrears.

(18) Reconsideration of a decision by Council:

(a) The Person who is subject to a decision of the Engineer is entitled to have Council reconsider the matter.

(b) Without limiting Paragraph (a) , a decision by the Engineer, denying an Application, may be reconsidered by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

Engineer to determine size and location of pipes

4   (1) The Engineer will determine the size of the pipe to be used in providing Service from the Works to any Parcel, as well as the position in the street in which the pipe is to be laid.

(2) In the event that Service may be provided from either of two (2) mains forming part of the Works, the Engineer will determine to which main the Service will be connected.

All Works to be carried out by City employees

5   (1) No Person, except an employee of the City, may undertake work of any kind upon, under or within City highways or City rights-of-way with respect to the construction, installation, repair or removal of a Service, without the written authorization of the Engineer.

(2) No Person may make any connection to Works without the written authorization of the Engineer.

Removal of Service

6   (1) Where:

(a) a Person is required under the City's Building Bylaw, 2016, to obtain a demolition permit; and

(b) the building or structure to be demolished includes a Service that was installed 20 or more years prior to the date on which the City receives the demolition permit;

the Person must apply to the City either:

(c) to have the Service permanently disconnected and removed at the time of demolition; or

(d) for a building permit under the City's Building Bylaw, 2016, to construct a new building or structure, in which case the Engineer will inspect the existing Service and determine whether the Service, or any of its components, will be:

(i) temporarily disconnected; or

(ii) permanently disconnected, removed and replaced; and

the Person must pay the applicable fees, as set out in the City's Fees and Charges Bylaw, 2006.

(2) The fees payable under Subsection 6 (1) (d) will not exceed the charge payable for a permanent disconnection plus any connection charges.

Water pressure

7   (1) The City will not be liable for any loss, injury or damage to Persons or property, which may result from either excessive pressure or lack of pressure.

(2) The Owner is responsible for the maintenance, repair or replacement of the pressure relief valve and the pressure reducing valve, whether the valves are located within the Premises, or within a chamber located elsewhere on the Parcel.

(3) Where any Premises experiences low water pressure, Owners must, at their expense, install and maintain a pressure booster system.

(4) Plans and specifications for the pressure booster system must be approved by the Engineer before installation; and, within two (2) days of completion of the system, the Owner must notify the Engineer in writing, who will inspect the system.

(5) No Person may operate a pressure booster system until such time as the Engineer has given approval in writing for such operation.

No Person to interfere with Service

8   No Person may in any manner interfere with, or make any addition or alteration to or about a Service or the Works in any street, or turn on or off any City valve without permission, in writing, of the Engineer.

Access to premises by City employees for inspection

9   (1) Every Person must, at all reasonable times, allow, suffer and permit the Engineer, or anyone authorized by him for such purpose (either generally or in any particular instance), to enter into and upon the Premises where Service is provided for the purpose of:

(a) inspecting the Service and the water pipes, connections, fixtures, taps, Meters, and any other apparatus used in connection with the Service; and

(b) Meter maintenance and replacement.

(2) Meters will be supplied and placed into position by employees of the City. Meters and all other materials provided by the City are, and will remain, the property of the City, which has sole authority to maintain, repair or replace the Meters or other materials.

48-hour notice to repair leaks or defects

10   (1) Where the City suspects there is a leak on private property, the Engineer will notify the Owner. Within 48 hours of receiving such notice, the Owner must investigate and make or cause to be made all necessary repairs or alterations to the satisfaction of the Engineer.

(2) Where an Owner fails to make the necessary repairs within the48 hours allowed, or where the condition of the pipes, connections, fixtures, taps, and any other apparatus or indicators may cause a waste of water or damage to property, the Engineer may cause the Service to be temporarily disconnected, without notice, by closing the shut-off valve or by detaching the Service at the main.

(3) The City will not reconnect Service to the Premises until all necessary repairs or alterations have been completed to the satisfaction of the Engineer, and all applicable charges payable to the City, as set out in the City's Fees and Charges Bylaw, 2006, are paid.

(4) No Person will have any claim, and no action lies and no proceeding may be brought against the City, its elected officials, officers or employees for damages, either direct or indirect, arising from the temporary disconnection of the Service, or for any loss or damage to property, which may result from such temporary disconnection.

Right to refuse or discontinue water supply

11   (1) The Engineer may reduce the quantity of water supplied to, or temporarily or permanently discontinue the Service to any or all Premises wherea person violates any of the provisions of this Bylaw or it is determined that it is in the public interest for health and safety reasons.

(2) Nothing contained in this Bylaw may be construed so as to impose any obligation on the City to provide a continuous supply of water for all purposes to any Person receiving the Service, and the City accepts no liability for reductions, interruptions, or other temporary or permanent interference with the provision of Service.

Use of water from hydrants or standpipes

12   (1) No Person, except employees of the City in the course of their employment, may open any hydrant, standpipe or valve, or use water therefrom, without first obtaining a hydrant use permit. Where a hydrant use permit has been issued, the City reserves the right to terminate such permit and the use of the hydrant, standpipe or valve, at any time, for any reason, without liability for damages of any kind which may arise as a result of such termination.

(2) Every Person wishing to obtain a hydrant use permit must complete an Application in the form prescribed by the City and pay:

(a) the non-refundable hydrant use charges, as set out in the City's Fees and Charges Bylaw, 2006; and

(b) the applicable Water Rates as set out in the City's Fees and Charges Bylaw, 2006, of this Bylaw for the full volume of water used, as registered by the attached water Meter.

Where an extension to the duration of the hydrant use permit is required, Application must be made before 4:00 p.m. of the permit expiry date and the applicable non-refundable extension charge, as set out in the City's Fees and Charges Bylaw, 2006.

(3) Persons issued a hydrant use permit must coordinate their requirements with the City's Engineering and Regional Utilities Department, which must supply and install a back water valve, and turn on and off the applicable hydrant. Permit holders must supply their own hoses. Any unauthorized valves or other equipment attached to the hydrant will be confiscated and will become the property of the City. Permit holders are responsible for any costs incurred due to damage of the hydrant or adapter.

(4) Where the Engineering and Regional Utilities Department is required to provide Service in respect of a hydrant use permit after normal business hours, the permit holder must pay the afterhours Service Charge, as set out in the City's Fees and Charges Bylaw, 2006.

Destruction or obstruction of hydrants, etc.

13   (1) No Person may destroy, damage, or in any manner interfere with any hydrant, standpipe, Meter box, Meter or other fixture or any property of the Works. Any Person causing the damage will be responsible for the costs of repairing the damage.

(2) No Person may obstruct at any time or in any manner, the access to any hydrant, valve, shut-off valve, Meter box, Meter or other fixture connected with the Works, and must promptly remove any such obstruction upon the order of the Engineer. The area surrounding a hydrant must be kept clear of any obstruction for a one-meter radius.

(3) Should any Person fail to remove an obstruction when ordered to do so by the Engineer, or otherwise obstruct access to any hydrant, standpipe, Meter box, Meter or other fixture of the Works by placing thereon, or in the vicinity thereof, any brick, stone, timber, plantings or other material, the Engineer may cause such obstruction to be removed at the expense of the Person causing the obstruction.

All Services to be metered

14   (1) Every Service provided by the City must be metered.

(2) The Meter must be installed in a Meter box at the property line, as specified by the City's Development Bylaw, 2011, or as otherwise directed by the Engineer.

Water User rates

15   (1) The Owner of every Parcel of real property to which a Service connection has been made, must pay the applicable user rate, as set out in the City's Fees and Charges Bylaw, 2006.

(2) Water User fees will be included in a bi-monthly utility bill for the property and are payable by the Owner by the due date.

(3) The City has no obligation to provide a Service connection to any Parcel of real property until all rates and charges due and owing under this Bylaw, in connection with that property, are paid in full to the City.

Payment for metered Service

16   Subject to Section 17 , every Person having a Metered Service must pay for the full volume of water as registered by the Meter, as set out in the City's Fees and Charges Bylaw, 2006.

Leak adjustments

17   (1) All properties, located in the residential, commercial, industrial, institutional and agricultural zones, as set out in the City's Zoning Bylaw, 2014, are eligible for a one-time water leak adjustments providing they meet the criteria set out in this Bylaw.

(2) Eligible water leak adjustments will only be considered where the leak is:

(a) due to malfunctioning internal plumbing fixtures, including but not limited to toilets, taps, hot water tank; or

(b) in the water Service line between the water Meter and the building or mechanical room.

(3) Where there is a change in the ownership after a leak adjustment is processed, the new Owner will qualify for a one-time only adjustment regardless of any past consideration.

(4) In situations where an Owner has attempted to identify an unusual increase in consumption where the cost of the water far exceeds normal use, excluding irrigation, the one-time leak adjustment can be applied, and adjusted as a leak, in accordance with this Bylaw.

(5) The adjustment period for the leak is limited to the two (2) highest billing periods. Consumption during that period will be adjusted based on the average consumption of the previous twelve months (six billing periods) before the leak started.

(6) The Engineer may make an adjustment to a utility bill in the case of water use caused by a leak, taking into consideration, the cause of the water loss, the opportunity of the Owner to detect the leak, the possibility of Owner negligence or fault in the connection with the leak and the following criteria are met:

(a) both the utility account and tax account must be in good standing with no fees or penalties owing;

(b) all leaks have been repaired and the Service is no longer leaking; and

(c) submission of:

(i) a completed leak adjustment Application form signed by an Owner;

(ii) the Leak Adjustment Application Fee, as set out in the City's Fees and Charges Bylaw, 2006; and

(iii) proof of repair in the form of a copy of an invoice for the cost of the repair; and/or supporting documentation in the form of photos, an explanation of the cause of the leak, and details of the repair/remediation work are required.

(A) For minor repairs, including but not limited to a toilet flapper, the Owner can perform the repair themselves and provide a receipt for the replacement part(s); or

(B) For major repairs, including but not limited to repair or replacement of the Service line, an invoice(s) for parts and labour will be required; and

in cases where a property occupant or Owner has been notified of a potential leak, either by letter or receipt or a higher than normal utility bill indicating the possibility of a leak, the leak must be repaired within 30 days of receipt of such notice.

Testing of meters

18   (1) If a Person questions the accuracy of the record of a water Meter, , the City may have the Meter re-read and the Service inspected for leaks. If, in the opinion of the Engineer, the reading is not abnormal, or leaks or reading errors are not found, and the Person insists upon further investigation, the Person must pay a water consumption complaint investigation charge as set out in the City's Fees and Charges Bylaw, 2006, for each subsequent visit to the site. If any reading errors, as prescribed in Section 17 , are found during subsequent visits, the aforementioned charge will be refunded and adjustments made to the Person's utility bill.

(2) If no reading errors are found, and the Person requests that the Meter be tested, the Engineer must cause the Meter to be tested by independent lab, , and the Person must deposit with the City the testing charge, as set out in the City's Fees and Charges Bylaw, 2006.

(3) If the test discloses an error in registering the quantity of water passing through the Meter of over 5% in favor of the City, the water consumption complaint investigation charge and deposit for testing will be refunded to the Person, a properly operating Meter installed, and the Person's account for Service adjusted accordingly.

(4) If the test shows an accurate measurement of water, or shows an error in favor of the Person, the water consumption complaint investigation charge and deposit for testing will be retained by the City. Where the actual cost of the test exceeds the water consumption complaint investigation charge deposited with the City, the Person must pay the difference between the actual cost of the test and the amount of the aforementioned charge.

Tampering with or damage of meters

20   (1) An Owner must protect, from freezing, hot water, fire and any other cause of damage that is within the Owner's control, any Meter that is located on and that serves the Premises and will indemnify and pay the City the cost to repair or replace the Meter and such cost will form a charge against the Premises and may be recovered from the Owner of the Premises in the same manner and by the same means as unpaid taxes.

(2) If a Meter, whether installed on the Premises or within a City right-of-way, is tampered with, destroyed, damaged, stolen or otherwise removed, the Owner is responsible to pay the City the pro-rated cost of water used during the period when the Meter was tampered with, destroyed, damaged, stolen or otherwise removed, calculated on the basis of the average Meter readings for the two previous billing periods, and such costs will form a charge against the Premises and may be recovered from the Owner of the Premises in the same manner and by the same means as unpaid taxes.

City to maintain meters

21   The City will maintain and repair all City-owned water Meters and, if a Meter is rendered unserviceable through normal wear and tear, it will be repaired or replaced by the City.

Water rates to form charge on land

22   The rates and charges, as set out in the City's Fees and Charges Bylaw, 2006, are hereby imposed and levied for water supplied or ready to be supplied by the City and for the provision of the Service and other water related services. All such rates and charges which are imposed for work done or services provided to lands or improvements will form a charge on those lands which may be recovered from the Owner of the lands in the same manner and by the same means as unpaid taxes.

Accounts payable to Collector

23   All accounts for Service, water charges, and rates, as prescribed by this Bylaw, will be due and payable at the office of the Collector, Abbotsford City Hall, 32315 South Fraser Way, Abbotsford, British Columbia.

No rebates or refunds

24   No rebate, refund or credit, whatsoever of any rates or charges paid, or payable under this Bylaw, will be made, except as expressly provided in this Bylaw.

Fee for reconnection of Service

25   When Service has been disconnected from a Premises:

(a) at the request of a Person, in accordance with Section 26 ;

(b) for non-payment of rates or charges; or

(c) for violation of any of the provisions of this Bylaw;

any Person requesting reconnection of Service to the Premises must pay a reconnection fee, as set out in the City's Fees and Charges Bylaw, 2006, as well as all arrears of rate, rent or charges owing by that Person under this Bylaw.

Discontinuation of water Services

26   Persons who request that Service to their Premises be discontinued, must notify the City in writing at least five (5) working days before the Service is to be discontinued, and pay the Discontinuation of Services charge, as set out in the City's Fees and Charges Bylaw, 2006.

No Person to turn on discontinued Service

27   No Person, other than an employee of the City, may reconnect or turn on any Service, which has been disconnected or turned off by the City.

Fire Service

28   (1) Where a Fire Service is installed, all water used for purposes other than supplying a dedicated hydrant service water main in a City right-of-way must be metered by a tattle tale Meter located at the backflow prevention valve.

(2) The cost of all Meters, gate valves, piping, chambers and installation of that equipment will be borne by the Owner or occupier of the Premises, or the Person installing the Fire Service.

(3) If it is discovered that water on a dedicated Fire Service is being used for purposes other than firefighting, the Engineer may discontinue such Fire Service until a Meter has been installed at the expense of the Owner or occupier of the Premises or Person installing the Fire Service.

(4) Fire hydrants on private property are to be maintained by the Owner or occupier of the private property, and each fire hydrant must be serviced annually by a certified technician. Proof of this Service, in the form of a written certification by the certified technician that the hydrant has been serviced within the current year, must be presented to the City on or before June 1st of each year.

(5) If a certificate of Service is not presented by June 1st, the City will service the hydrant and the Owner or occupier must pay to the City the fire hydrant Service charge, as set out in the City's Fees and Charges Bylaw, 2006.

Cross connection

29   (1) No Person may connect, cause to be connected, or allow to remain connected to the Works, any piping, fixture, fitting, container or appliance in any manner which under any circumstances could allow water, waste water or any harmful liquid or substance to enter the City's water supply system or source of water supply. It is the responsibility of the Owner to advise the City if such a condition exists, such as noted above, and to take appropriate action to discontinue this connection or contact the Engineer to take necessary action as noted in Section 32 (2) .

(2) Where any piping, fixture, fitting, container or appliance is connected to the Works contrary to Subsection (1) , or where the Engineer determines that a condition exists which could result in water, waste water or any harmful liquid or substance entering the City's water supply system or source of water supply, the Engineer may:

(a) cause the Service to be shut off; or

(b) give notice to the Owner of the Premises or the Person being served to remedy the condition to the satisfaction of the Engineer within 96 hours of such notice, or such lesser period of time as may be specified, failing which the Engineer may cause the Service to be shut off.

(3) For the purpose of remedying a condition under Subsection (2) , the Engineer may allow a Backflow Prevention Assembly to be installed on the water piping at the source of potential contamination, or on the pipe used in providing Service to the Premises, either on private or City property.

(4) Where in the opinion of the Engineer, there is a risk that water, waste water or any harmful liquid or substance could enter the City's water supply system or source of water supply, the Engineer may, as a condition of providing Service to any Premises, require the installation of Backflow Prevention Assembly both on the pipe used in serving the Premises and on the water piping at the source of the potential contamination.

(5) Every Backflow Prevention Assembly installed on a Service will be tested by a Backflow Prevention Assembly Tester-Certified upon installation, and annually, or more often if required by the Engineer; and, within 30 days of such test, the Owner of the Premises or Person being provided with the Service must deliver to the City Engineer a report prepared by the Backflow Prevention Assembly Tester-Certified, in a form acceptable to the Engineer, describing the condition of the Backflow Prevention Assembly.

(6) Where an Owner of Premises or a Person being provided with Service fails to deliver the report referred to in Subsection (5) annually, or otherwise as required by Subsection (5) , or where a report referred to in Subsection (5) provides that a Backflow Prevention Assembly is not in proper working condition, upon notice from the Engineer, the Owner of the Premises or the Person being provided with the Service must, as the circumstances require:

(a) deliver the missing or omitted report to the Engineer no later than seven (7) days after the date of the Engineer’s notice; or

(b) cause the Backflow Prevention Assembly to be repaired or replaced within 96 hours, or such lesser period as may be specified by the Engineer, and deliver to the Engineer a report prepared by a Backflow Prevention Assembly Tester-Certified, in a form acceptable to the Engineer, certifying that the Backflow Prevention Assembly has been repaired or replaced and is now in proper working condition.

(7) If an Owner of Premises or a Person being provided with Service fails to comply with the requirements of either Subsection (6) (a) or  (b) , as the case may be, the Engineer may, without further notice, cause the Service to the Premises to be shut off.

City not liable for failure of water supply

30   The City will not be liable to any Person for the failure of the water supply including, but not limited to, a failure to provide adequate or any Service, excessive pressure or lack of pressure, temporary reductions or stoppages in the water supply, whether caused by alterations, repairs, accident or damage to the Works or by any other reason whatsoever, and whether such failure arises from the negligence of any Person in the employ of the City, or other Person whomsoever, or through natural deterioration or obsolescence of the Works, or otherwise.

Water service connections for properties outside the Urban Development Boundary

31   (1) Water Service connections must not be used within the City for open field crop irrigation.

(2) Water Service connections, including for the purpose of filling sprayer tanks, must not exceed 25 mm in diameter.

(3) Each rural parcel serviced by the City must not have more than one Water Service connection.

(4) Despite subsection (2) , the Engineer may approve an application for a Water Service connection larger than 25 mm 1 inch in diameter for a Parcel zoned Industrial, Commercial or Institutional and outside of the Urban Development Boundary if the Engineer determines that the water system has adequate water supply for the proposed service size.

(5) Despite subsection (3) but subject to subsection (6) , the Engineer may consider an Application for a Second Service in respect of a property that has physical barriers, including steep ravines or watercourses, preventing connection of multiple buildings to the Water Service.

(6) The sum of flows provided by a Second Service permitted under subsection (5) must not exceed the capacity of a single 25 mm 1 inch Water Service connection.

(7) Water Service connections must not be provided to parcels with improvements with an aggregate value of less than $10 000 unless a building permit has been issued in respect of improvements that would result in a greater aggregate value.

(8) The Engineer must

(a) review each Application under this section to determine whether a proposed Water Service meets the requirements of this section, and

(b) advise the Applicant of any prohibition or size restriction determined to apply under this section.

B/L 2914-2019

Water restrictions

32   (1) The Engineer may, for the purpose of reducing water demands, issue an order to stop, suspend, or regulate the hours/days for outdoor discretionary water use, in the form of Stage 1, Stage 2, Stage 3 or Stage 4 restrictions, as set out in Schedule "B", and will publish a notice of such restrictions.

(2) Pursuant to Subsection (1) , where the Engineer issues an order under Stage 3 or Stage 4:

(a) notice of the Engineer's order must be provided to Council at its next scheduled meeting; and

(b) Council may, by resolution, confirm, vary or rescind the order.

(3) No Person may allow water to run to waste, whether willfully or by permitting pipes, taps, toilets, irrigation systems or other means of distributing or storing water to run or leak and remain unrepaired.

(4) Every Person who:

(a) uses water in contravention of the water restrictions, as set out in Schedule "B", or an order, issued by the Engineer for Stages 1, 2, 3 or 4; or

(b) allows water to run to waste, as set out in Subsection (3) ;

commits an offence under this Bylaw; and, in addition to any other penalties which may be imposed, the City may cause Service to the Person's property to be shut off, until such time as the contravention is remedied and the Person has, where applicable, paid the Reconnection Fee, as set out in the City's Fees and Charges Bylaw, 2006.

(5) Sprinkling Permit

(a) A Person who has installed a new lawn, either by placing sod or turf, or by seeding, or who has installed new landscaping on a substantial part of the outdoor portion of a Premises may apply to the Engineer for a Sprinkling permit authorizing the Person to water the new lawn and new landscaping on a daily basis, mornings only (between the hours of 6:00 a.m. and 8:00 a.m.), when Stage 1 and 2 restrictions are in force, at times set out in Schedule "B", at the Premises described in the permit, and during the period of the permit. A Sprinkling permit does not exempt the holder from Stage 3 or Stage 4 restrictions, as set out in Schedule "B".

(b) The Engineer, upon being satisfied that an Applicant qualifies, may issue a Sprinkling permit to the Applicant upon payment of the Sprinkling permit fee, as set out in the City's Fees and Charges Bylaw, 2006.

(c) All Sprinkling permits issued must be affixed to a post facing the street affronting the Premises, beside the principal driveway so that it is visible from the street. All Sprinkling permits issued will expire, and be of no force or effect, 14 days after the date of issue.

Once-Through Cooling systems

33   (a) No Person may install or allow the installation of any Once-Through Cooling Equipment connected to the Works, in any residential, industrial, commercial or institutional construction, development, retrofitting or restoration project; and

(b) Air conditioners that use water as a cooling agent and then discharge the water to waste must not be connected to, or obtain water from, the Works. Only air conditioners, which recirculate water and maintain it in a closed system, may use City supplied water for their operation.

Notice of discontinuation of Service

34   Where the City intends to discontinue Service to Premises because of unpaid taxes or fees or non-compliance with the rules and requirements of this Bylaw relating to the provision of Service:

(a) the City will provide reasonable notice of such discontinuance to the Owner and to all occupiers of the Premises; and

(b) all Persons who are affected by a discontinuation of Service because of non-compliance with the rules and requirements of this Bylaw, will be given an opportunity to make representations to Council in accordance with the City's Appeal Procedure Bylaw, 2016.

City not obligated to supply water

35   (1) Nothing in this Bylaw will obligate the City to supply water to any Person if the cost to the City of laying the supply mains to provide Service to the Premises or Parcel of such Person would, in the opinion of the Engineer, be excessive.

(2) The City may agree to supply water and provide Service in such circumstances where the Person requesting Service pays to the City the actual cost incurred by the City in installing the supply mains to their Premises.

(3) Every Person may appeal the decision of the Engineer to the Council.

(4) Notwithstanding and in addition to the provisions of Subsection (1) , the City will not be obligated in any way to extend Service beyond existing water utility boundaries, or boundaries, which may hereafter be established within the City.

Car washes

36   (a) No Person may conduct an outdoor carwash, or other similar events, for any fundraising or charity purposes, using City supplied water.

(b) No Person may operate, or cause the operation of, a commercial car wash on or from any Premises, unless the wash and rinse water used in that operation is recycled on site and not discharged into the City sewer system.

Water features

37   No Water Feature using City supplied water on any Premises may operate, unless the water in that operation is recycled on site and does not discharge into the City sewer system.

Individual water meters

38   Each unit within a bare land strata development or a townhouse development must have an individual water Meter located outdoors in a Meter pit. Apartment style condominiums must have a bulk Meter supplying the entire site.

Offence and penalties

39   Notwithstanding the offence and penalties as provided under the Community Charter or Local Government Act, the following will apply:

(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;

(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;

(c) a Person who:

(i) contravenes, violates or fails to comply with any provision of this Bylaw;

(ii) suffers or allows any act or thing to be done in contravention or violation of this Bylaw; or

(iii) fails or neglects to do anything required to be done under this Bylaw,

is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and

(d) each day such infraction is caused, or allowed to continue, constitutes a separate offence.

Repeal

40   Bylaw 2053-2011, cited as "Waterworks Rates and Regulations Bylaw, 2011", and all amendments, are hereby repealed.

READ A FIRST TIME on May 8, 2017 READ A SECOND TIME on May 8, 2017 READ A THIRD TIME on May 8, 2017 ADOPTED on May 10, 2017

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"Applicant" means the Owner making the Application.

"Application" means a request for one (1) of the following:

(a) Hydrant Use permit;

(b) Bulk Water Filling Station Permit;

(c) Leak Adjustment;

(d) Meter Installation;

(e) Payment Plan;

(f) Second Service;

(g) Sprinkling permit;

(h) Water connection; or

(i) Water reconnection.

"Backflow Prevention Assembly" means a backflow preventer that is designed to be in-line tested and repaired, and to meet the head loss and flow requirements of the water supply system. The "assembly consists of the backflow prevention unit, two resilient seated shutoff valves, and test cock(s);

"Certified Backflow Prevention Assembly Tester-" means a person certified by the British Columbia Water & Waste Association or holds a certificate deemed equivalent by the British Columbia Water & Waste Association.

"Building Inspector" has the same meaning as set out in the City's Building Bylaw, 2016.

"City" means the City of Abbotsford.

"Collector" means the designated City officer appointed by Council and assigned responsibility as collector of taxes for the City, or such other person as Council may, by resolution, designate.

"Council" means the City Council of the City of Abbotsford.

"Discharge" means to directly or indirectly introduce a Substance into sewer or Wastewater Treatment System by spilling, disposing, abandoning, depositing, leaking, seeping, pouring, draining, emptying, or by any other means.

"Enactment" means any applicable act, regulation, bylaw, order or authorization, by a federal, provincial, regional or municipal government or their authorized representatives.

"Engineer" means the General Manager, Engineering and Regional Utilities of the City of Abbotsford or any person authorized by the General Manager, Engineering and Regional Utilities to act on his behalf to administer or enforce the provisions of this Bylaw.

"Engineering and Regional Utilities Department" means the City of Abbotsford's Engineering and Regional Utilities Department.

"Finance and Corporate Services Department" means the City of Abbotsford's Finance and Corporate Services Department.

"Fire Service" means a Service installed to supply water for firefighting purposes.

"Fixture" means a connected regulator to control the distribution of water on the property.

"Meter" means the water Meter, endpoint, antenna or cables connecting these items, or any future add-ons, including, but not limited to, remotely actuated shut off valves or acoustic leak detectors.

"Metered Service" means a Service with a water meter or other measuring device attached for determining the quantity of water used or supplied.

"Once-Through Cooling Equipment" means cooling, air conditioning or refrigeration systems in buildings, building systems and equipment, which rely upon the temperature of the water for cooling purposes and deliver water to a drain or other discharge facility without having recycled that water, but does not include emergency back-up once-through cooling systems.

"Owner" has the same meaning assigned to it under the Community Charter and includes the authorized agent of the owner.

"Parcel" means a lot, block or other area in which land is held or into which it is subdivided.

"Payment Plan" means the details and conditions of re-payment of the connection charges by the Applicant to the City, as determined by the Engineer.

"Person" means an individual, firm, company, association, society, partnership, corporation, local government, institution or other similar organization, agency or group as the context requires.

"Premises" means any land or building or both or any part thereof.

"Service" means the supply of water from the Works to any Person and includes all pipes, taps, valves, connections, Meters and other appurtenances necessary to or actually used for the purpose of such supply.

"Service Connection" means the point of connection between the City water system and the system used by a customer of the City water system to obtain water from that system.

"Service Agreement" means an agreement between the Applicant and the City for a Service Connection.

"Sewer" means all pipes, conduits, drains, and other equipment and facilities, owned or otherwise under the control or jurisdiction of the City for collecting, pumping and transporting Wastewater either to a Wastewater Treatment system, or otherwise, and includes, but is not limited to, all such pipes, conduits, drains and other equipment and facilities which connect with those of the City, and includes a Storm Sewer and Sanitary Sewer.

"Substance" includes and solid, liquid or gas.

"User" means any person who uses or intends to use the City water system.

"Waste" means any Substance that is, or is intended to be, discharged or discarded, directly or indirectly, to a Sewer.

"Water" means water that may come from either ground or surface water sources and has entered the City water system,

"Water Features" include fountains, pools, ponds, cascades, waterfalls, and streams.

"Watercourse" means

(a) a river, stream, creek, waterway, lagoon, lake, spring, swamp, marsh or other natural body of water; or

(b) a canal, ditch, reservoir, or other man-made surface feature; whether it contains or conveys Water continuously or intermittently.

"Works" means any of the waterworks systems of the City.

Schedule "B"

Stages of Water Restrictions

Stage 1:

1   (1) No Person may carry out sprinkling of lawns using hose connected sprinklers, soaker hoses or automatic in-ground sprinklers between May 1 and September 30 each year, except in accordance with the following restrictions:

(a) properties with even-numbered City street addresses may only carry out sprinkling on Wednesdays and Saturdays, between the hours of 6:00 a.m. and 8:00 a.m.; and

(b) properties with odd-numbered City street addresses may only carry out sprinkling on Thursdays and Sundays, between the hours of 6:00 a.m. and 8:00 a.m..

(2) Despite Subsection (1) , but subject to an Engineer's order under Sections 3 or  4 :

(a) garden irrigation, watering of flowers, shrubs, trees and vegetables may be carried out using a hand-held wand, a hose equipped with a spring-loaded shut off device or a sprinkler;

(b) vehicle or boat washing, preferably on grass or gravel, areas may be carried out using a hand-held wand or a hose equipped with a spring-loaded shut off device;

(c) where a lawn was newly seeded or sodded, a Person may obtain a Sprinkling permit from the Engineering and Regional Utilities Department to carry out sprinkling of the new lawn between the hours of 6:00 a.m. and 8:00 a.m. daily for a two (2) week period, upon payment of the Sprinkling permit fees, as set out in the City's Fees and Charges Bylaw, 2006; and.

(d) all hoses must be equipped with spring-loaded shut-off devices.

Stage 2:

2   (1) No Person may carry out sprinkling of lawns using hose connected sprinklers, soaker hoses or automatic in-ground sprinklers between May 1 and September 30 each year, except in accordance with the following restrictions:

(a) properties with even-numbered City street addresses may only carry out sprinkling on Saturdays, between the hours of 6:00 a.m. and 8:00 a.m.; and

(b) properties with odd-numbered City street addresses may only carry out sprinkling on Sundays, between the hours of 6:00 a.m. and 8:00 a.m.

(2) Despite Subsection (1) but subject to an Engineer's order under Sections 3 or  4 :

(a) garden irrigation, watering of flowers, shrubs and vegetables may be carried out using a hand-held wand, a hose equipped with a spring-loaded shut off device or a sprinkler;

(b) vehicle or boat washing, preferably on grass or gravel areas, may be carried out using a hand-held wand or a hose equipped with a spring-loaded shut off device;

(c) where a lawn was newly seeded or sodded, a Person may obtain a Sprinkling permit from the Engineering and Regional Utilities Department to carry out sprinkling of the new lawn between the hours of 6:00 a.m. and 8:00 a.m. daily for a two (2) week period, upon payment of the Sprinkling permit fee, as set out in the City's Fees and Charges Bylaw, 2006;

(d) all hoses must be equipped with spring-loaded shut-off devices;

(e) golf courses using City water for irrigation must reduce fairway watering to two (2) days per week;

(f) washing or watering down artificial turf and tracks is prohibited, except for health and safety; and

(g) only water play parks with user activated switches are permitted.

Stage 3:

3   (1) The Engineer is authorized to issue an order prohibiting all lawn sprinkling and imposing other restrictions on water use when:

(a) the Dickson Lake Drought Management Plan Criteria is not met; or

(b) the Maclure Reservoir recharge fails to achieve a level of 3.75 metres by 5:00 a.m. on two (2) consecutive days.

(2) Where the Engineer issues an order under Subsection (1) , every Person must comply with all water use restrictions specified in the Engineer's order for the time period specified in the order and, without limiting the generality of the foregoing, the following water use restrictions will apply:

(a) lawn sprinkling of any kind is prohibited;

(b) permits for sprinkling of newly seeded or sodded lawns will not be issued;

(c) hoses must be equipped with spring loaded shut-off devices;

(d) use of fountains and Water Features must be discontinued;

(e) garden irrigation, watering of trees, flowers, shrubs and vegetables may be carried out using a hand-held wand, a hose equipped with a spring-loaded shut off device, micro/drip irrigation, or a soaker hose;

(f) vehicle or boat washing is prohibited, except mirrors and license plates;

(g) all car washes that do not have recirculation systems are prohibited;

(h) commercial flower & vegetable farms must limit use to minimal levels;

(i) golf courses are prohibited to use City water for watering fairways;

(j) hydrant flushing is prohibited, except for health and safety;

(k) washing or watering down artificial turf and tracks is prohibited, except for health and safety; and

(l) only water play parks with user activated switches are permitted.

(3) The Engineer is further authorized to issue an order imposing such water use restrictions as the Engineer considers necessary where, because of special circumstances or conditions, such restrictions are necessary to ensure that adequate Service will be maintained throughout the City.

Stage 4:

4   The Engineer is authorized to issue an order imposing such water use restrictions as the Engineer considers necessary where, because of special circumstances or conditions, such restrictions are necessary to ensure that adequate Service will be maintained throughout the City.

School and community use sports fields:

5   (1) School and community use sports fields may be watered only between the hours of 11 pm to 8 am; and in accordance with the following schedule:

(a) during time periods described in Sections 1 and  2 , sand-based fields may be watered daily and soil-based on alternate days; and

(b) for the duration of an order described in Section 3 , sand-based fields may be watered on alternate days and soil-based twice a week.

(2) Despite Subsection (1) , but subject to an order of the Engineer, described in Section 4 , school and community use sports fields may be watered at any time, if any of the following conditions apply:

(a) the field has been constructed or installed within the past 12 months;

(b) the field is at the time of watering undergoing renovation or repair but only in the areas that are being renovated or repaired;

(c) the community sports field is located at Bateman, Delair, Ellwood or Mill Lake Parks; or

(d) the field is irrigated with water that is not from the City water system.