A by-law respecting the prevention of Backflow into the Municipal Drinking Water System of The Regional Municipality of Peel.
WHEREAS, the Region operates the Municipal Drinking Water System pursuant to the Ontario Safe Drinking Water Act, 2002, S.O. 2002, c. 32
AND WHEREAS, section 11 of the Municipal Act, 2001,S.O. 2001, c. 25, provides that the Region has exclusive authority within its geographical boundaries to pass by-laws respecting the production, treatment, storage and distribution of water;
AND WHEREAS, section 8(1) of the Municipal Act, 2001 provides that section 11 shall be interpreted broadly so as to confer broad authority on municipalities to enable them to govern their affairs as they consider appropriate and to enhance their ability to respond to municipal issues;
AND WHEREAS, Cross-Connection of another water system to, and Backflow from a plumbing system into, the Region of Peel's Municipal Drinking Water System could threaten the integrity of the water in the Region of Peel Municipal Drinking Water System and could prevent such water from meeting the requirements of the prescribed drinking water standards;
NOW THEREFORE, the Council of the Regional Municipality of Peel enacts as follows:
"Authorized Functions List" means the list of the classes of Persons and their associated qualifications together with the functions they are authorized to perform attached as Schedule "A" to this By-law;
"Backflow" means the flowing back of, or reversal of the normal direction of flow of water or any other substance, into the Municipal Drinking Water System;
"Backflow Prevention Device" means a testable device approved by the Region that is connected to a Drinking Water System or to Plumbing for the purpose of Backflow prevention;
"Backflow Prevention Device Report" means a report completed by a Qualified Person on a form as approved by the Commissioner, containing the details and findings of quality control and assurance tests performed Backflow Prevention Device;
"Building" shall have the same meaning as set out in the Building Code Act;
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and any successor thereto, and all current Ontario Regulations made under the authority of such Act;
"Certificate of Compliance" means a document completed by a Qualified Person, in a form as approved by the Commissioner, and containing the opinion of the Qualified Person as to whether or not an Owner is in compliance with this By-law;
"Commissioner" means the Commissioner of Public Works of the Region of Peel;
"Cross-Connection" means any actual or potential connection between a Potable Water supply or system and any source of pollution or contamination and 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;
"Cross-Connection Survey" means an investigation of a Drinking Water System or of Plumbing to determine the presence or absence of any existing or potential Cross-Connections and to evaluate the need for ;
"Cross-Connection Survey Report" means a report completed by a Qualified Person on a form as approved by the Commissioner, containing the details and findings of a Cross-Connection Survey;
"CSA Standards" means the CSA International Standards B64.10,Manual for the Selection and Installation of Backflow Preventers, as amended and B64.10.1, Manual for the Maintenance and Field Testing of Backflow Preventers, as amended or equivalent standards as published by the CSA;
"Drinking Water" has the same meaning as provided for by the Safe Drinking Water Act, 2002, as amended;
"Drinking Water System" means a system of works, excluding plumbing, that is established for the purpose of providing users of the system with drinking water and that includes,
- any thing used for the collection, production, treatment, storage, supply or distribution of water;
- any thing related to the management of residue from the treatment process or the management of the discharge of a substance into the natural environment from the treatment system; and
- a well or intake that serves as the source or entry point of raw water supply for the system;
"Enforcement Officer" means any person employed to enforce Regional by-laws as designated in the Region's By-law 48-2014, as amended or replaced from time-to-time, and also known as a "By-Law Enforcement Officer"
"Land" means any real property situated in the Region of Peel and includes buildings and structures;
"Low-Risk Land" means real property:
- that contains no Buildings other than residential Buildings of three or fewer storeys in building height and having a building area not exceeding 600 m2; and
- that is not subject to any condition or circumstance which, in the opinion of the Commissioner, may be hazardous or detrimental to the Municipal Drinking Water System;
"Minor Hazard" means any type of Cross-Connection or potential Cross-Connection that involves a substance that constitutes only a nuisance and that results, or could result, in a reduction in only the aesthetic qualities of the water. This category includes those connections listed as Minor Hazards in the CSA Standards and any other connections as determined from time to time by the Commissioner;
"Moderate Hazard" means any type of Cross-Connection or potential Cross-Connection that has a low probability of becoming a Severe Hazard. This category includes, but is not limited to, connections involving water where the aesthetic qualities of water have been, or could be, reduced and, under certain conditions, can create a danger to health. This category includes those connections listed as Moderate Hazards in the CSA Standards and any other connections as determined from time to time by the Commissioner;
"Municipal Drinking Water System" means the Drinking Water System, or part of a Drinking Water System, owned by the Region, as defined by the Safe Drinking Water Act, 2002;
"Owner" means the registered owner of any real property situated in the Region of Peel that is connected to the Municipal Drinking Water System, save and except for Low-Risk Land;
"Person" means an individual or a corporation;
"Plumbing" means a system of works,
- that comprise a "water system" for the purposes of the definition of "plumbing" in subsection 1 (1) of the Building Code Act, 1992, other than equipment installed in plumbing to treat water; and
- that are connected to a Drinking Water System.
"Premise Isolation" means isolation of the water located within Land from the Region of Peel's Municipal Drinking Water System;
"Qualified Person" means a Person authorized to undertake a task or duty pursuant to the Authorized Functions List;
"Region" or "Region of Peel" means the incorporated municipality known as The Regional Municipality of Peel or the geographical area whose inhabitants are incorporated, as the context requires;
"Severe Hazard" means any type of Cross-Connection or potential Cross-Connection involving water that has additives or substances that, under any concentration, can create a danger to health. This category includes those connections listed as Severe Hazards in the CSA Standards and any other connections as determined from time to time by the Commissioner;
"Source Isolation" means isolation, from any Potable Water system, of the water located within or having flowed through a source or potential source of contamination, including a device, machine, water system or the like, on Land;
"Water Meter" means a device supplied and owned by the Region that measures the flow and quantity of Drinking Water that passes through it.
"Zone Isolation" means isolation of the water located on Land, from any Potable Water system located on such Land.
Read three times and passed in open Council this 9th day of February, 2017.
1 Required to be under the direction of a professional engineer.
2 Required to be employed by a licenced plumbing contractor or licenced fire sprinkler contractor.
3 Required to be employed by a licenced plumbing contractor and under the direct supervision of a journeyman lumber or master plumber.
A by-law to regulate the municipal drinking water system in the Regional Municipality of Peel
Short form wording
Provision creating or defining offence
|1.||Failure to submit a completed Cross Connection Survey Report||s. 2||$250|
|2.||Failure to submit a Certificate of Compliance||s. 6||$250|
|4.||Failure to ensure installation of a Backflow Prevention Device||s. 8||$500|
|5.||Failure to maintain a Backflow Prevention Device in good repair||s. 12||$400|
|6.||Failure to submit a Backflow Prevention Device Report||s. 13||$250|
|7.||Unauthorized removal of a Backflow Prevention Device||s. 18||$500|
|8.||Unauthorized performance under Authorized Functions List||s. 21||$500|