HomeMy WebLinkAboutINS-13-067 - Amendment - Backflow Cross Connection Prevention
REPORT TO:Community & Infrastructure Services Committee
DATE OF MEETING:
September 9, 2013
SUBMITTED BY: Pauline Houston, Deputy CAO, Infrastructure Services, x
4646
PREPARED BY:
Angela Mick, P.Eng. Utilities Water Engineer, X 4408
WARD(S) INVOLVED:
All
DATE OF REPORT:
July 23, 2013
REPORT NO.: INS-13-067
SUBJECT: Amendment to the Backflow and Cross Connection
Prevention Chapter 902 of the Municipal Code
RECOMMENDATION:
THAT the proposed draft By-law attached to report INS-13-067 as Appendix ‘A’, to amend
Backflow and Cross Connection Prevention in Chapter 902 of the Municipal Code (By-law
88-100), be adopted.
BACKGROUND:
In 2002 the City of Kitchener passed the Backflow and Cross Connection Prevention By-law to
protect the municipal potable water system from potentially being contaminated by possible
cross-connections. Cross connections are any actual or potential connections between a
potable water supply or system and any source of pollution or contamination through a
connecting arrangement where backflow may occur. The By-law has been updated due to the
following:
General review of the By-law due to the age (>10 years)
Transfer of the program from the Building Department to Kitchener Utilities in 2007
Removal of internal building survey component
Need for hydrant specific language to prevent unauthorized connections
REPORT:
Proposed changes are outlined as follows:
Transfer of the Program
In June 2007 the responsibility of the program was transferred from Building Department to
Kitchener Utilities. The amendment changes references from the Chief Building Official to the
position within Kitchener Utilities who enforces the program – Cross Connection Control
Specialist.
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Removal of Survey Requirement
The intent of By-law was to protect the municipal system from potential sources of
contamination. An internal survey is a review of the potable water system or systems located
within a building to determine if any cross connection existed. The internal survey component
was removed since it did not pertain to protection of the municipal system through premise
isolation (isolation of the water in the building from the City’s water supply); rather it referred to
potential cross-connections within the building. New Buildings must not have internal cross
connections (covered under the Building Code), however existing buildings fall under the By-law
requirements for premise isolation only.
Addition of Municipal Fire Hydrants Article
Unauthorized connections to municipal hydrants present a serious potential contamination
concern as well as theft of water. Although unauthorized connections have never been allowed
in the past, it has been difficult to enforce without a By-law. The draft By-law specifically outlines
that “no person except for City employees….shall make use of municipal hydrants without
written permission from the Utilities Engineer”. The draft By-law also allows for fines as a
means of discouraging future unauthorized connections (up to $10,000).
Addition of Private Fire Hydrants Article
Similarly to the Municipal Hydrants, private hydrants are to be kept in good working order.
Private hydrants are not to be used without the permission of the Utilities Engineer, unless for
servicing, maintenance or testing.
Minor Changes
Updated definitions
Clarification that lawn sprinkler systems require backflow prevention
Remove allowance for dual check valve, which are not testable, to testable devices
Removal of requirement to tag and clarification that annual tests are required to be
submitted
Removal of requirement for an Order from the Chief Building Official – water can be
shutoff if there is a potential contamination condition, until the condition is eliminated
Maximum fine increased to $10,000 from $5,000
Authorized function list simplified for easier understanding
Enforcement
Generally speaking, staff foresee 2 scenarios where enforcement will come into play:
1. Utilities staff take the lead on an investigation relating to someone who has accessed a
fire hydrant without proper authority. In this case they will contact By-law Enforcement
staff as needed to assist with initiating a form of legal action;
2. By-law Enforcement staff are called to immediately respond to a situation where
someone is actively engaging in unauthorized use of a hydrant. In this scenario, the
officer will take the lead on enforcement based on his/her observations at the time.
Under either scenario, it is difficult at this time to accurately predict the impact that this new by-
law violation may have on existing service levels over time. Having said this, an immediate and
significant impact is not predicted. Such impact will be monitored and, should a significant
impact on service levels be experienced, staff will report to Council accordingly.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The Backflow and Cross Connection Prevention By-law relates to the Foundation Plan –
Efficient and Effective Government – Asset Management, Dependable Services by providing
safe drinking water.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
None
ACKNOWLEDGED BY:
Pauline Houston, Deputy CAO, Infrastructure Services Department
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BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 902 of The City of
Kitchener Municipal Code with respect to Backflow and Cross
Connection Prevention.)
WHEREAS it is deemed expedient to amend Chapter 902 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Sections 902.2.9 and 902.2.19 are hereby deleted in their entirety.
2.Section 902.2.12 is hereby deleted.
3. Article 1 is hereby amended by inserting the following definitions thereto and
renumbering all definitions accordingly:
“applicable buildings” means existing industrial, commercial, institutional and
multi-residential buildings and structures, except buildings of residential
occupancies within the scope of Part 9 of the Building Code.
“CSA Standard” means the document entitled CAN/CSA-B64.10-11/CAN/CSA-
B64.10.1-11 – Selection and Installation of Backflow Preventers Maintenance
and Field Testing of Backflow Preventers and amendments published by the
Canadian Standards Association, or any successor thereof.
“Cross Connection Control Specialist” means the Cross Connection Control
Specialist of the City.
“Kitchener Utilities” means the Kitchener Utilities Division of the City.
“municipal hydrant” means a fire hydrant that is installed on municipal property as
part of a system of fire protection.
“NFPA 25 Standard” means the document entitled NFPA 25: Standard for the
Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems
and amendments published by the National Fire Protection Association, or any
successor thereof.
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“officer” means the Cross Connection Control Specialist, and any municipal law
enforcement officer or by-law enforcement officer of the City.
“private hydrant” means a fire hydrant that is installed on property other than
municipal property as part of a system of fire protection for that property.
“Utilities Engineer” means the Utilities Engineer of the City.
4. Chapter 902 is hereby amended by deleting “Chief Building Official” wherever it
occurs and substituting “Cross Connection Control Specialist” therefor.
5. Section 902.3.1 is hereby deleted in its entirety and the following is substituted
therefor:
“902.3.1
This Chapter applies to applicable buildings and to all lawn irrigation systems
including systems appurtenant to residential occupancies under Part 9 of the
Building Code.”
6. Section 902.3.4 is hereby deleted in its entirety and the following is substituted
therefor:
“902.3.4
In addition to Section 902.3.3 and in accordance with all other provisions of this
Chapter, every owner of a property to which this Chapter applies shall ensure
that a backflow prevention device is installed in respect of premise isolation for all
lawn irrigation systems and applicable buildings.”
7. Article 4 is hereby deleted in its entirety and the following is substituted therefor:
“902.4.1
Every owner shall ensure that every backflow prevention device required for
premise isolation on its property is a testable device and is the proper device to
be used pursuant to the provisions of this Chapter.
902.4.2
Backflow prevention devices for premise, source or zone isolation shall be
determined using the CSA Standard or, when the type of cross connection is not
identified in the CSA Standard, shall be determined by the Cross Connection
Control Specialist.
902.4.3
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Despite any provision of the CSA Standard, a dual check valve device shall not
be used for premise isolation.”
8. Section 902.6.5 is hereby deleted in its entirety and the following is substituted
therefor:
“902.6.5
Every person who tests a backflow prevention device shall:
(a) within fourteen days of carrying out such test and at least once annually
provide a legible test report to the Cross Connection Control Specialist in
respect of such test; and
(b) upon finding that such device is malfunctioning or is otherwise not in proper
working order, immediately notify the owner of the premises and the Cross
Connection Control Specialist of such condition.”
9. Section 902.7.1 is hereby deleted in its entirety and the following is substituted
therefor:
“902.7.1
Any officer may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether or not this Chapter is being complied
with. Entry to any place actually being used as a dwelling unit shall be subject to
the requirements of the Municipal Act, 2001.”
10. The title for Section 902.7.2 is hereby deleted in its entirety and the following title
is substituted therefor:
“Non-compliance – notice – water shut off”
11. Section 902.7.2 is hereby deleted in its entirety and the following is substituted
therefor:
“902.7.2
Where the City finds that a condition exists on any property that may allow
contamination of the City’s water supply or the contamination of any other
potable water system on such property, including any residential building or
structure, the Cross Connection Control Specialist may:
(a) cause the water supply to the property or any portion thereof to be shut off
until the condition is eliminated; or
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(b) notify Kitchener Utilities which may cause the water supply to the property or
any portion thereof to be shut off until the condition is eliminated.”
12. Section 902.7.3 is hereby amended by deleting “1992” and substituting “2006”
therefor.
13. Section 902.9.1 is hereby amended by deleting Five Thousand Dollars
($5,000.00)” and substituting “Ten Thousand Dollars ($10,000.00)” therefor.
14. Chapter 902 is hereby amended by adding the following new Articles after Article
7 and renumbering the subsequent Articles accordingly:
“Article 8 Municipal Fire Hydrants
902.8.1
No person except for City employees, acting within the scope of their duties, shall
make use of municipal hydrants without written permission from the Utilities
Engineer.
902.8.2
All unauthorized attachments found on municipal hydrants may be confiscated by
the Cross Connection Control Specialist.
Article 9 Private Fire Hydrants
902.9.1
The owner of property that has a private hydrant shall ensure that the hydrant is
maintained in good working condition at all times and that inspection, servicing
and testing of the hydrant is carried out by a person qualified to perform these
services and in accordance with the NFPA Standard.
902.9.2
Except as set out herein, no person shall make use of a private hydrant unless
for servicing, maintenance or testing purposes. Private hydrants are not to be
used as a water supply unless the Utilities Engineer has approved such use and
any conditions placed on the use by the Utilities Engineer are complied with.
902.9.3
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All private hydrants shall conform to City hydrant standards, with the exception of
the paint colours. The hydrants may not be painted with a yellow body as this is
the colour that identifies municipal hydrants.
902.9.4
All unauthorized attachments found on private hydrants may be confiscated by
the Cross Connection Control Specialist.
902.9.5
The owner of a private hydrant shall not less than once each year have all
components of the hydrant inspection, services and tested to NFPA 25 Standard
and shall provide proof of compliance with this requirement within 72 hours of a
request from the Cross Connection Specialist.”
15. Schedule “A” is hereby deleted and the attached Schedule “A” is substituted
therefor.
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2013.
_____________________________________
Mayor
_____________________________________
Clerk
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Schedule “A” – Authorized Functions List
Item Authorized ProfessionalCertified LicensedJourneyman ApprenticeFire Sprinkler Lawn Irrigation
FunctionEngineer with EngineeringMasterPlumber with Plumber with Fitter with System
tester’s licence TechnologistPlumber with tester’s licence tester’s licence tester’s licence Installer with
with tester’s contractor’s(B)(C)tester’s licence
licence and tester’s
(A) licence
carry out cross-
1connectionyes yes yes yes no no no
survey
install, relocate,
or replace
2no no yes yes yes no no
backflow
preventer
repair backflow
3yes yes yes yes yes no no
preventer
test backflow
4yes yes yes yes yes no yes
preventer
complete items
1, 2, 3 and 4 in
5relation to fire yes yes yes yes yes yes no
protection
systems
complete items
3 and 4 in
6yes yes yes yes yes no no
relation to lawn
sprinkler
A. Required to be under the direction of a professional engineer.
B. Required to be employed by a licensed plumbing contractor or licensed fire sprinkler contractor
C. Required to be employed by a licensed plumbing contractor and under the direct supervision of a journeyman plumber or master plumber
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