HomeMy WebLinkAboutINS-2025-070 - Ammendments to Municipal Code - Chapter 660, Plumbing and DrainageStaff Report
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Infrastructure Services Department www.kitchener.ca
REPORT TO: Community and Infrastructure Services Committee
DATE OF MEETING: June 16, 2025
SUBMITTED BY: Bu Lam, Director of Sanitary and Stormwater Utilities (SSU), 519-783-
8835
Mike Seiling, Director of Building, 519-783-8252
PREPARED BY: Marko Kasunic, Manager, Maintenance & Operations (SSU), 519-783-
8833
Robert Schipper, Manager of Building, 519-783-8251
WARD(S) INVOLVED: All Wards
DATE OF REPORT: June 2, 2025
REPORT NO.: INS -2025-070
SUBJECT: Amendments to Municipal Code — Chapter 660, Plumbing & Drainage
RECOMMENDATION:
That Chapter 660 of the Corporation of the City of Kitchener Municipal Code regarding
Plumbing and Drainage be repealed and replaced with the updated By-law attached to
report No. INS -2025-070.
REPORT HIGHLIGHTS:
• The purpose of this report is to advise on the need for an update to Municipal Code, Chapter
660, Plumbing & Drainage.
• The current by-law lacks clarity on who is responsible for maintaining private -side sanitary
infrastructure when blockages occur (e.g., from tree roots).
• The update to Municipal Code, Chapter 660, Plumbing & Drainage will clarify the
responsibility of private property owners and/or the City as it pertains to maintenance and
repair of sanitary infrastructure, and will reflect current practices.
• The updated by-law also updates outdated language and removes duplicated sections that
now appear in the Ontario Building Code (OBC) following recent regulatory changes.
• This report supports the delivery of core services.
• There are no financial impacts associated with the recommendations.
BACKGROUND:
A staff review of the City of Kitchener's Municipal Code, Chapter 660, Plumbing & Drainage
identified a number of provisions of the code that were out of date; i.e. regulation changes
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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duplicated within the Ontario Building Code (OBC), as well as sections that required updating
and alignment with current practices.
For clarity, the Chapter 660 - Plumbing & Drainage by-law is specific to water, sanitary and storm
drainage requirements. The Chapter 660 — Plumbing & Drainage by-law does not address final
lot grading drainage, which are addressed through Site Plan and Subdivision processes
administered through Engineering and/or Building.
REPORT:
Sanitary and Stormwater Utilities (SSU) provides services to residents in response to sanitary
blockages, which typically relate to sewage back-ups in residential basements. While the impact
of a sewage back-up may be confined to private -property, it may be the result of a blockage in
either a private -side pipe or from a City -owned pipe. When SSU responds to these types of
service calls, crews will work to clear the blockage and will use a CCTV camera to help determine
the cause of the blockage as well as inspect pipes for defects, both within the privately -owned
and city -owned (i.e., road allowance) portions of the sanitary pipe. CCTV video footage helps
pinpoint the exact location of the defect, which helps determine the responsible party for any
repairs and associated costs.
There are many reasons why a sanitary blockage may occur, including resulting from tree roots
that have entered via cracks or joints in the pipe. Root intrusion is most commonly found in older
pipes, as pipes near the end of their useful service life often begin to degrade and crack. Roots
are commonly mistaken as being the cause of pipe defects (i.e., creating cracks), when in fact,
roots do not create pipe defects but rather penetrate through existing pipe defects.
The current by-law (Municipal Code — Chapter 660, Plumbing & Drainage) indicates that the City
will be responsible for removing blockages and any costs related to tree roots when the tree is
on City property, whereas the private property owner is responsible for any costs involved in
clearing blockages resulting from tree roots where the tree is on private property. The by-law
further states that the property owner is responsible for ensuring their private -side pipe is in good
repair and be responsible for the maintenance and repair costs of the private -side lateral. These
sections of the by-law are contradictory and confusing and do not clearly and consistently assign
responsibility for pipe defects, root intrusion, and/or repair and maintenance costs. The lack of
clarity in the by-law may cause residents to assume that the City is responsible for the cost of
the private -side pipe repair, or result in residents delaying their pipe repairs as they believe the
City will perform maintenance on their private pipe on an ongoing basis.
In consultation with City Arborists, Engineers and Solicitors, as well as aligning to current
practice at the City of Kitchener and similar practices in other municipalities, the proposed
changes to the by-law will simplify language and make private property owners responsible for
repairs and maintenance of private -side sanitary pipes. This distinction clearly assigns
responsibility to private property owners to assume the costs of removing blockages, including
those caused by tree roots entering pipes on private property, as the location of a tree and its
roots has no bearing on the creation of a pipe blockage, but rather it is the state of the pipe (i.e.,
pipe defects) that are the cause of roots entering the pipe. Similarly, the by-law change will
clearly assign responsibility to the City to remove and pay for any blockages caused by tree
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roots or other materials that occur due to a pipe defect on the non -private side (i.e., City road
allowance).
This change to the by-law will improve customer service as updated language in Chapter 660
now clearly defines the responsibilities of private property owners and the City in relation to
blockages in sanitary pipes, including those from tree root intrusion, and reflects current practice.
The Building Division also participated in the review of the existing Municipal Code — Chapter
660, Plumbing & Drainage because many of the requirements therein are also contained in the
Ontario Building Code. This duplication has been removed in the updated by-law, along with
updates to City contact information. A summary of key changes to Chapter 660 of the Municipal
Code is provided in Table 1.
Table 1: Summary of key changes to Chapter 660 — Plumbing and Drainage.
Key Change
New Document
Old Document
Removal of content
Not included
Section 660.2.6 — redundant with
due to duplication
Development processes
(Building Division)
Article 6 — Ventilation — duplication
with OBC
Article 7 — Fixtures Required —
duplication with OBC
Blockages caused
Reference to tree ownership as
Blockages caused by roots from a tree
by tree roots
determinant for cause of
on City property implies City is liable
(SSU)
blockage removed. Clarified
for costs involved in clearing the
language regarding
blockage. The reverse is implied for
responsibility for pipe repairs
blockages caused by roots from a tree
and/or blockage removal based
located on private property. However,
on the location of the pipe
location of tree has no bearing on a
defect.
blockage caused by tree roots. Cause
of blockage is due to defect in pipe
(e.g., cracks, offset joints).
Updates required to
Additional language required:
Included in original by-law; however,
reflect standard
Article 7 — Repair at Owner's
wording was out of date.
provisions of
Expense
regulatory by-laws
Article 8 — Inspection Powers
or existing City
Article 9 - Enforcement
Policies
Article 10 - Administration
(Legal Services
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
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INFORM — This report has been posted to the City's website with the agenda in advance of the
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
• Municipal Code — Chapter 660, Plumbing & Drainage
• Ontario Regulation 163/24 (Building Code) under the Building Code Act, 1992, S.O.
1992, c. 23, and amendments thereto
APPROVED BY:
Denise McGoldrick, GM Infrastructure Services
Justin Readman, GM Development Services
ATTACHMENTS:
Attachment A — Chapter 660 Plumbing and Drainage By -Law (2025)
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OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to repeal and replace Chapter 660 of The City
of Kitchener Municipal Code with respect to Plumbing and
Drainage).
WHEREAS it is deemed expedient to exercise the powers conferred on Council by
Municipal Act, 2001, S.O. 2001, c.25 and the Building Code Act, 1992, S.O. 1992, c. 23;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
Article 1 - Definitions
660.1.1
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" 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" means the Building Code Act, 1992, S.O. 1992, c. 23.
660.1.4
"Chief Building Official" means the Chief Building Official of the City.
660.1.5
"City" means The Corporation of the City of Kitchener.
660.1.6
"Council" means Council of the City.
660.1.7
"Director" means the Director, Sanitary and Stormwater Utilities for the City.
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"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" 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.
660.1.10
"Occupant" shall have the definition set out in section 15.1 of the Building Code Act.
660.1.11
"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" has the meaning that it has in the Building Code Act.
Article 2 — Connections to Sewers
660.2.1
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.
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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
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
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 property line
abutting such street to the closest portion of any building served by the private sewage
disposal system.
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660.2.5
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
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
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
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 the
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
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
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
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
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.
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660.3.2
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
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
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
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, 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
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
the building at the front to the rear building and the whole considered as one building
storm drain.
660.5.4
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.
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Article 6 - Maintenance and Repair
660.6.1
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 easement, owned by
the City.
660.6.2
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 including 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
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
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
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 blockage
removal shall be at the cost of the Owner and any damage caused by such repair or
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
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.
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A
Article 7 — Repair at Owner's Expense
660.7.1
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
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
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
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;
(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
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;
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(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
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
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
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
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
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
This By-law shall be known as the "Plumbing and Drainage By-law".
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660.10.2
It is hereby declared that each and
severable and that, if any provision
invalid by any court, it is the intention
then remaining provisions hereof shal
660.10.3
every of the foregoing sections of this By-law is
of this By-law should for any reason be declared
and desire of Council that each and every of the
I remain in full force and effect.
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
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.
PASSED at the Council Chambers in the City of Kitchener this
of
, A.D. 2025.
a/
Mayor
Clerk
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