HomeMy WebLinkAboutBy-law No. 2013-115 - Amend c902 - Backflow & Cross Connection PreventionBY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Beingi 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 902219 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-
1364.10,1-11 — 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 25-1 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,
IN
"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:
"902.14
In addition to Section 9012.3.3 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:
"902.41
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.
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.
9
902.4.3
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:
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(a) cause the water supply to the property or any portion thereof to be shut off
until the condition is eliminated-, or
(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 deletingi 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.
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.
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.
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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.
All unauthorized attachments found on private hydrants may be confiscated by
the Cross Connection Control Specialist.
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.
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PASSED at the Council Chambers in the City of Kitchener this day
of A.D. 2013.
A" -M—a Mayor
7 C�o,
Clerk
Schedule "A" — Authorized Functions List
Item,
Authorized
Professional
Certified
Licensed
Apprentice
Fire Sprinkler
Lawn Irrigation
Function
Engineer with
Engineering
Master
Plumber with
Plumber with
Fitter with
System
tester's licence
Technologist
Plumberwith
tester's licence
tester's licence
tester's licence
Installerwith
with tester's
contractor's
(B)
(C)
tester's licence
licence
and tester's
(A)
licence
carry o-ji —crass-
.
. . . . .......... .
1
connection
yes
yes
yes
yes
no
no
no
survey
install, relocate,
2
or replace
backflow
no
no
yes
yes
yes
no
no
preventer
3
repair backflow
I preventer
yes
yes
yes
yes
yes
no
no
4
test backflow
preventer
yes
yes
yes
yes
yes
no
yes
complete items
1, 2, 3 and 4 in
5
relation to fire
yes
yes
yes
yes
yes
yes
no
proteofion
I systems
complete items
6 3 and 4 in
relation to lawn yes yes yes yes yes no no
sprinkler
A. Required to be under the direction of a professional engineer.
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 journeymarlplumber or master plumber