HomeMy WebLinkAboutChapter 660 - Plumbing and DrainageKITCHENER 660.1 JULY 2025
PROPERTY MAINTENANCE
CHAPTER 660
PLUMBING and DRAINAGE
ARTICLE 1
Definitions
660.1.1 Term - Definition
660.1.2 Building Code - defined
660.1.3 Building Code Act – defined
660.1.4 Chief Building Official - defined
660.1.5 City - defined
660.1.6 Council - defined
660.1.7 Director - defined
660.1.8 Manager - defined
660.1.9 Officer - defined
660.1.10 Occupant - defined
660.1.11 Owner - defined
660.1.12 Plumbing - defined
ARTICLE 2
Connections to Sewers
660.2.1 Every Person - Connection - Building Permit
660.2.2 Every Owner – Connection - Plumbing Fixtures
660.2.3 Private system - Limitations
660.2.4 Private System - Where Prohibited
660.2.5 Private system - Discontinuance
660.2.6 Interior Lot - Exception
660.2.7 Old Building Sewers - Connection to New Plumbing
660.2.8 Relocation - Of Building - Considered Re-Erection
660.2.9 Improper Connections - Prohibited
660.2.10 Sanitary Sewer - Location - Restricted
ARTICLE 3
Interceptors
660.3.1 Oil - Where Required
660.3.2 Sand - Grit - Where Required
ARTICLE 4
Subsoil Drainage
660.4.1 Discharge - Into Sanitary System - Prohibited
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660.4.2 Tile - Connection to Sanitary System - Prohibited
ARTICLE 5
Storm Sewers, Storm Drains, and Rainwater Leaders
660.5.1 Storm Sewers - Location - Restricted
660.5.2 Special Cases - Terrace - Semi-Detached
660.5.3 Interior Lot - Exception
660.5.4 Old Building Sewers - Connection to New Plumbing
ARTICLE 6
Maintenance and Repair
660.6.1 Duty Of Owner
660.6.2 Duty Of Owner - Remove Blockages
660.6.3 Lateral Sanitary Sewer - Within Road Allowance
660.6.4 Blockage - By Tree Roots - Liability
660.6.5 Costs - Maintenance and Repair
660.6.6 Agreements - With Owners - Maintenance and Repair
ARTICLE 7
Repair at Owner’s Expense
660.7.1 Directed or Required - Maintenance and Repair
660.7.2 Entry Upon Land – Reasonable Time
660.7.3 Payment – Costs - Maintenance and Repair
ARTICLE 8
Inspection Powers
660.8.1 Entry on Land – Authorized Inspection
660.8.2 Inspection - Requirements
660.8.3 Ability - Inspect Underground Services
660.8.4 Inspection - Dwelling Unit - Compliance
ARTICLE 9
Enforcement
660.9.1 Fine - For Contravention
660.9.2 Conviction- Of an Offence
660.9.3 Fines - Recovery
ARTICLE 10
Administration
660.10.1 By-law Ti tle
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660.10.2 Declaration
660.10.3 By-law Repealed
660.10.4 Municipal Code - Chapter 660
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ARTICLE 1
Definitions
660.1.1 Term - Definition
In this By-law any term not defined herein shall have the meaning set out in the Building
Code Act or the Building Code unless a contrary intention is apparent or such definition
would be inconsistent with the context of this by-law.
660.1.2 Building Code - defined
“Building Code” means Ontario Regulation 163/24 (Building Code) under the Building
Code Act, 1992, S.O. 1992, c. 23 and shall include any successor regulation.
660.1.3 Building Code Act – defined
“Building Code Act” means the Building Code Act, 1992, S.O. 1992, c. 23.
660.1.4 Chief Building Official - defined
“Chief Building Official” means the Chief Building Official of the City.
660.1.5 City - defined
“City” means The Corporation of the City of Kitchener.
660.1.6 Council - defined
“Council” means Council of the City.
660.1.7 Director - defined
“Director” means the Director, Sanitary and Stormwater Utilities for the City.
660.1.8 Manager - defined
“Manager” shall mean the City’s Manager of Maintenance and Operations (Sanitary and
Stormwater), and a delegate or representative of the Manager. For the purpose of Article
6 (Maintenance and Repair), “Manager” shall also include a contractor hired by the City
to perform work required by this By-law.
660.1.9 Officer - defined
“Officer” means the Chief Building Official, the City’s Director, Sanitary and Stormwater
Utilities, and shall include any employee of the City under the direction of or delegate of
such individuals.
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660.1.10 Occupant - defined
“Occupant” shall have the definition set out in section 15.1 of the Building Code Act.
660.1.11 Owner - defined
“Owner” shall have the definition set out in section 15.1 of the Building Code Act and shall
also include a “building owner” as defined by the Building Code Act.
660.1.12 Plumbing - defined
“Plumbing” has the meaning that it has in the Building Code Act.
ARTICLE 2
Connections to Sewers
660.2.1 Every Person - Connection - Building Permit
Every person connecting or disconnecting from a public sanitary sewer or making any
changes to a private sewage disposal system, shall obtain a building permit prior to
commencing such work.
660.2.2 Every Owner – Connection - Plumbing Fixtures
Every Owner shall ensure that every building in which plumbing fixtures are installed shall
have a connection to a public sanitary sewer or a private sewage disposal system.
660.2.3 Private system - Limitations
No person shall construct and no Owner shall permit construction or allow to remain any
private sewage disposal system except under authority of a building permit.
660.2.4 Private System - Where Prohibited
Every Owner shall ensure that no private sewage disposal system shall be allowed to
exist on lands abutting a street which has sewage facilities where a public sanitary sewer
is accessible within 45.72 metres (150 feet) measured from any point on the prope rty line
abutting such street to the closest portion of any building served by the private sewage
disposal system.
660.2.5 Private system - Discontinuance
Where the Chief Building Official or the Director is satisfied upon due examination of a
building that connection may be had within 45.72 metres (150 feet) to the sewers of the
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City, the Owner, at the Owner’s expense, must arrange for connection to the sewer within
thirty days of receiving a written notice to do so.
660.2.6 Interior Lot - Exception
Where one building is separate and located to the rear of another building on an interior
lot and no other sewer connection is available, a building permit shall be obtained to
extend the plumbing system of the building at the front to the rear building and the whole
considered as one building sewer.
660.2.7 Old Building Sewers - Connection to New Plumbing
Every Owner shall ensure that old building sewers are only used in connection with new
buildings or new plumbing under authority of a building permit when they are found on
examination and test by the Chief Building Official to conform in all respects to t he
requirements covering new sewers as prescribed by the Building Code and in the
regulations made pursuant to the Ontario Water Resources Act R.S.O. 1990, c. O. 40 and
the requirements of this By-law.
660.2.8 Relocation - Of Building - Considered Re-Erection
A relocation of a building shall be considered a re-erection of such building and the
plumbing system therein shall be subject to the provisions of the Building Code and to
regulations made pursuant to the Ontario Water Resources Act R.S.O. 1990, c. O. 40 and
the requirements of this By-law. A building permit is required for the plumbing system
when any building is relocated.
660.2.9 Improper Connections - Prohibited
No person shall connect or cause to be connected the plumbing system of any building,
lot, premises, or establishment otherwise than with that portion of the public sanitary
sewer system intended for it as shown by the records in the office of the Director.
660.2.10 Sanitary Sewer - Location - Restricted
Unless otherwise approved by the Chief Building Official, every Owner shall ensure that
no sanitary sewer passes under any building other than the building it serves and the
entire sanitary sewer system of every building or premises shall be separate from and
independent of that of every other building or premises and shall have an independent
connection with a public sanitary sewer.
ARTICLE 3
Interceptors
660.3.1 Oil - Where Required
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Every Owner and occupant shall ensure that oil or grease interceptors are cleaned as
frequently as necessary to prevent the buildup of grease and additionally shall be cleaned
no less than once every six months.
660.3.2 Sand - Grit - Where Required
Every Owner and occupant shall ensure that a sand or grit interceptor has a capacity
sufficient to retain the grit and sand reaching the interceptor during any ten hour period.
ARTICLE 4
Subsoil Drainage
660.4.1 Discharge - Into Sanitary System - Prohibited
No person shall cause or permit the discharge of any storm water including surface water,
ground water, rain runoff, subsoil drainage from footings or foundation walls, water from
open excavations or other surface or subsurface drainage into the sanitary sewer system
of the City.
660.4.2 Tile - Connection to Sanitary System - Prohibited
No person shall connect to the sanitary sewer system of the City any agricultural tile or
weeping tile placed to provide subsoil drainage for footings or foundation walls.
ARTICLE 5
Storm Sewers, Storm Drains, and Rainwater Leaders
660.5.1 Storm Sewers - Location - Restricted
Unless otherwise approved by the Chief Building Official, every Owner shall ensure that
no storm sewer passes under any building other than the building it serves and the entire
storm drainage system of every building or premises shall be separate from and
independent of that of every other building or premises and shall have an independent
connection with a public storm sewer.
660.5.2 Special Cases - Terrace - Semi-Detached
Special cases, such as a terrace or a semi-detached residential building, shall be referred
to the Chief Building Official who shall decide whether a separate storm sewer system
shall be installed or otherwise.
660.5.3 Interior Lot - Exception
Where one building is separated from and located to the rear of another building on an
interior lot and no other storm sewer connection is available, the consent of the Chief
Building Official and a building permit shall be obtained to extend the drainage system of
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the building at the front to the rear building and the whole considered as one building
storm drain.
660.5.4 Old Building Sewers - Connection to New Plumbing
No Owner or Occupant shall use an old building storm sewer in connection with new
buildings unless under authority of a building permit where they are found on examination
and test by the Chief Building Official to conform in all respects with this By -law.
ARTICLE 6
Maintenance and Repair
660.6.1 Duty Of Owner
Every Owner shall keep in good repair and be responsible for all maintenance and repair
costs pertaining to the lateral sanitary sewer, water connection, or storm drain connection
on their own property up to the road allowance, or other property or easemen t, owned by
the City.
660.6.2 Duty Of Owner - Remove Blockages
Every Owner shall also be responsible for and shall remove blockages caused by objects
and any other matter or liquid placed in the sewer or drain of the Owner’s property by
occupants or users of the lateral sanitary sewer or storm drain connection includi ng the
portion within the road allowance, or other property or easement, of the City. Any
blockage on City property shall only be cleared by a licensed plumber.
660.6.3 Lateral Sanitary Sewer - Within Road Allowance
Except for the blockages referred to in section 660.6.2, the City will be responsible for
maintenance and repair costs for the portion of lateral sanitary sewer or storm drain
connections within road allowances, or other property or easements, of the City.
660.6.4 Blockage - By Tree Roots - Liability
Regardless of the location of the tree from which the roots originate from, where there is
a defect in a lateral sanitary sewer, or storm drain connection pipe which results in root
intrusion causing a blockage, it is the Owner of the land where the defect in the pipe is
located that is responsible to repair the connection at their cost.
660.6.5 Costs - Maintenance and Repair
When an Owner or Occupant effects or causes any repair to any lateral sanitary sewer,
water connection, or storm drain, or any removal of a sanitary sewer or storm drain
blockage as required in this Article, all costs associated with such repair or blockag e
removal shall be at the cost of the Owner and any damage caused by such repair or
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blockage removal on property of the City shall also be at the expense of the Owner or
Occupant. In the event the City should undertake any work on private property, the Owner
of the land where the work was performed is responsible to reimburse the City in
accordance with annual user fees approved by Council from time to time.
660.6.6 Agreements - With Owners - Maintenance and Repair
The Manager is hereby authorized to execute agreements approved by the City Solicitor
with the owners of lands and premises for the purpose of cleaning, flushing, and repairing
clogged sewers and drains as required by this By-law. The Manager shall make the usual
probes and examination to determine the location and cause of any sewer or drain
blockage under this By-law.
ARTICLE 7
Repair at Owner’s Expense
660.7.1 Directed or Required - Maintenance and Repair
Where a person is directed or required to do a thing pursuant to this By -law, including
without limitation the repair or unclogging of a person’s sewer or drain, and fails to do
such thing, the matter or thing may be done by the Manager at the person’s expense.
660.7.2 Entry Upon Land – Reasonable Time
For the purposes of this Article, the City including its agents, representatives, and
contractors, may enter upon land at any reasonable time.
660.7.3 Payment – Costs - Maintenance and Repair
The Owner shall pay all applicable fees and charges for the above repairs as may be
prescribed by Council from time to time. Such fees and charges constitute a debt of the
Owner to the municipality and the City may recover the costs of doing a matter or thing
under this By-law from the person directed or required to do it by action or by adding such
fees and charges, to the tax roll for the property to which the service was supplied and
may collect them in the same manner as municipal taxes.
ARTICLE 8
Inspection Powers
660.8.1 Entry on Land – Authorized Inspection
In addition to any inspection authority contained in the Building Code Act, an Officer and
any agent or representative of the City may enter on land at any reasonable time for the
purpose of:
a) carrying out an inspection to determine whether this By-law is being complied with;
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b) inspecting the discharge of any matter into the sewage system of the City or into
any other sewage system the contents of which ultimately empty into the municipal
sewage system and may conduct tests and take samples for this purpose; and
c) inspecting the discharge of any matter into a land drainage system of any person
and may conduct tests and remove samples for this purpose.
660.8.2 Inspection - Requirements
For the purposes of an inspection pursuant to this By -law, an Officer, or any agent or
representative of the City may:
a) require the production for inspection of documents or things relevant to the
inspection;
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.
660.8.3 Ability - Inspect Underground Services
The ability of an officer, agent, or representative of the City to make examinations or take
tests shall include the ability to inspect underground services including by use of closed
circuit television cameras on private property to determine compliance with this By-law.
660.8.4 Inspection - Dwelling Unit - Compliance
Notwithstanding sections 660.8.1, 660.8.2, and 660.8.3, inspections of a room or place
actually being used as a dwelling unit shall comply with the applicable requirements of
the Municipal Act, 2001 and/or section 16 of the Building Code Act.
ARTICLE 9
Enforcement
660.9.1 Fine - For Contravention
Every person, other than a corporation, who contravenes any provision of this By -law or
fails to comply with a requirement thereof and every director or officer of a corporation
who concurs in such contravention or failure to comply is guilty of an offence and is liable,
upon conviction, to a fine of not more than fifty thousand dollars ($50,000) for a first
offence and to a fine of not more than one hundred thousand dollars ($100,000) for each
subsequent offence.
660.9.2 Conviction- Of an Offence
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If a corporation is convicted of an offence, the maximum penalty that may be imposed
upon the corporation is five hundred thousand dollars ($500,0000) for a first offence and
one million, five hundred thousand dollars ($1,500,000) for a subsequent offence and not
as provided in section 660.9.1.
660.9.3 Fines - Recovery
The fines amounts set out in this Article are exclusive of costs and are recoverable under
the Provincial Offences Act, R.S.O., 1990, c. P.33.
ARTICLE 10
Administration
660.10.1 By-law Ti tle
This By-law shall be known as the “Plumbing and Drainage By-law”.
660.10.2 Declaration
It is hereby declared that each and every of the foregoing sections of this By -law is
severable and that, if any provision of this By-law should for any reason be declared
invalid by any court, it is the intention and desire of Council that each and every of the
then remaining provisions hereof shall remain in full force and effect.
660.10.3 By-law Repealed
By-law 87-320, section 1 of by-law 88-191, section 5 of by-law 88-228, by-law 93-141,
sections 16-26 of by-law 95-168, sections 8-10 of by-law 97-140, sections 15-22 of by-
law 2001-224, section 3 of by-law 2007-166, and sections 24-25 of by-law 2011-047 and
the contents of the previous Chapter 660 are hereby repealed.
660.10.4 Municipal Code - Chapter 660
The Clerk of the City is hereby directed to make this By-law a part of The City of Kitchener
Municipal Code by adding it to the Concordance and arranging and numbering it as
Chapter 660 so as to fit within the scheme of the Code.
By-law 87-320, 23 November, 1987; By-law 88-191, 12 September, 1988; By-law 88-228,
24 October, 1988; By-law 93-141, 12 July, 1993; By-law 95-168, 14 November, 1995; By-
law 97-140, 15 September, 1997; By-law 2001-224, 26 November, 2001; By-law 2007-
166, 17 September, 2007; By-law 2011-047, 28 March, 2011; By-law 2025-082, 23 June,
2025.