HomeMy WebLinkAboutBy-law No. 2001-088 By-law No.2001-88
CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2001-88
A BY-LAW REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND
DRAINS, PRIVATE SEWAGE DISPOSAL, THE INSTALLATION AND
CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS
AND WASTES INTO THE PUBLIC SEWER SYSTEM, AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF;
WHEREAS the Corporation of the Municipality of Bayham (the "Municipality") proposes to
provide sewage service to the communities of Vienna, Straffordville, and Eden within the
Municipality by means of a public sanitary sewer system;
AND WHEREAS Subsection 75(3) of the Ontario Water Resources Act, RSO 1999, Chapter
0.40, as amended, provides that, subject to the approval of the Lieutenant Governor in Council,
the Minister of Housing may make regulations regulating and controlling the location,
construction, repair, renewal or alteration of plumbing, and the material to be used in the
construction thereof, and requiring municipalities to carry out such inspections with respect to
plumbing as may be prescribed;
AND WHEREAS Section 77 of the said Act provides that where a municipality undertakes,
under the regulations made under Section 75 to inspect plumbing,the municipality may pass by-
laws providing for such inspections and for appointing one or more inspectors for such purpose;
for charging fees for such inspections and fixing the amounts of such fees; for requiring the
production of plans and fixing the amount of such fees,and for the issuing of permits, all as more
particularly set out in the said Section 77;
AND WHEREAS Part 7 (Plumbing) of the Ontario Building Code (the "Plumbing Code")made
pursuant to the Building Code Act, 1992, Chapter 23, requires every municipality to carry out
such inspections;
AND WHEREAS Paragraph 83 of Section 210 of the Municipal Act,RSO 1999, Chapter M.45,
as amended, provides that by-laws may be passed by the Councils of local municipalities for
making any other regulations for sewage or drainage that may be deemed necessary for sanitary
purposes;
AND WHEREAS paragraph 87 of the said Section 210 provides that by-laws may be passed by
the councils of local municipalities for charging a fee for the inspection of plumbing, sewers,
septic tanks, cesspools, water closets, earth closets, privies and privy vaults where, under this or
any other Act,approval or a certificate of compliance or such inspection is required;
AND WHEREAS the council of the Municipality deems it expedient and desirable to enact a by-
law to regulate disposal of sewage and other wastes within the Municipality.
NOW THEREFORE,THE COUNCIL OF THE MUNICIPALITY ENACTS AS FOLLOWS:
1. DEFINITIONS
In this by-law:
(a) BUILDING SEWER means that part of the drainage piping outside a building or
other structure, that connects a building drain to the main sewer and that
commences at a point 1 m (3 ft. 3 in.) from the outer face of the wall of the
building or other structure and terminates at the property line.
(b) CBO means the Chief Building Official for the Municipality of Bayham.
(c) INSPECTOR means the Inspector of plumbing and sewage works of the
Municipality as appointed by Council of the Municipality from time to time.
(d) OPERATOR means the operator of the Municipal Sewage Works.
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(e) PERSON means and includes any individual firm, company, association,
partnership, society, incorporated company, or group, and wherever the singular
is used herein it shall also be construed as including the plural.
(f) PUBLIC SEWER means that section of the sewer considered to be the main
sewer that conducts sewage and which is owned and controlled by the
Municipality.
(g) SANITARY SEWER means a sewer which carries sewage and to which storm,
surface and ground waters are not intentionally admitted.
(h) SEWAGE does not include storm, surface and ground water.
(i) SEWAGE WORKS means all facilities for collecting, pumping, treating and
disposing of sewage.
(j) SEWER means a pipe or conduit for carrying sewage.
(k) SEWER SERVICE CONNECTION means the publicly owned sewer from the
building sewer to the public sewer or other place of disposal.
(I) TREASURER means the Treasurer of the Municipality.
2. JURISDICTION
(a) The person or persons appointed by Council of the Municipality shall inspect the
installation of all building sewers from the building to the property line, and the
connection of the building sewer to the sewer service connection, and further,
shall not permit any illegal connections to be made to the public sewer as set out
in this by-law.
(b) After construction and installation of the building sewer from the building to the
sewer service connection to the public sewer, the owner shall be responsible for
the satisfactory operation, cleaning, repairing, replacement and maintenance of
the connection from the property line to the building.
(c) The provisions of this by-law with respect to construction of sewer service
connections from public sewer to property line shall not apply for eighteen
months after the date of substantial completion of the sewage works as
established by the Certificate of Substantial Performance where the connections
from the public sewer to the property line are made at the time the public sewers
are constructed and installed on the road allowance.
(d) The rules and regulations set out in this by-law shall govern and regulate the
operation of any system of sewage works owned by the Municipality and shall be
considered to form a part of the agreement between the Municipality and the
owner or occupant of any building in the Municipality for provision of sewage
service to such building and every such owner or occupant of any building in the
Municipality for provision of sewage service to such building and every such
owner or occupant by applying for and receiving sewage service from the
Municipality shall be deemed to have expressed his consent to be bound by the
said rules and regulations.
3. APPLICATIONS FOR PERMITS
No person shall make any connection into the Municipality's sewer service connection or
the public sewer without first having obtained a permit from the CBO and such permit
shall be called"Sewer Service Connection Permit", as follows:
(a) Application shall be made, in writing, to the CBO on the form prescribed, which
application shall contain the name of the owner of the lot, the present state of
construction (if a new building), a plan of the lot showing the point at the street
line at which the connection is to be made,the date for the proposed work to be
done, the type of waste to be disposed from the sewer and the name of the
contractor undertaking the work.
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(b) Upon receipt of a properly completed application from the owner, or his
authorized representative, the CBO shall issue a permit for the connection to be
made and deliver a copy of the application and of the permit to the applicant.
(c) Unless a different period is provided for on the permit, every permit shall expire
3 months after it is issued.
4. PERMIT FEES
The following fees are to be paid for a Sewer Service Connection Permit at the time the
permit is issued:
(a) The fee to be paid to the Municipality shall be fifty dollars ($50.00) and shall
accompany the application for the provision of sewage service to each premise as
a fee for inspection of the newly-installed building sewer and connection to the
sewer service connection. Such application fee shall be waived for connections
to the sanitary sewer system located in Vienna, Straffordville, and Eden for the
initial nine month connection period after completion of those sanitary sewer
works.
5. BUILDING SEWERS AND CONNECTIONS
No connection shall be made directly or indirectly to the public sewer, except as follows:
(a) Each dwelling must have a separate building sewer, except with written approval
of the Municipality, where one building stands at the rear of another or on an
interior lot and no private sewer or building sewer is available nor can be
constructed to the rear building through an adjoining alley, courtyard or driveway
in which case the building sewer from the front building may be extended to the
rear building.
(b) An inspection tee and cleanout shall be installed in the building sewer at the
street line.
(c) All connections from the public sewer or the sewer service connection to the
building shall be of a 4-inch (100 mm) minimum diameter and made of pipe
certified under the Plumbing code for use as sewage pipe.
(d) All connections to be approved by the Inspector as water-tight.
(e) No connection shall be made to a Municipal public sewer or sewer service
connection until a permit has been issued for a sewer service connection in
accordance with this by-law and no said connection shall be completed except
after the approval of the Inspector.
(f) i) All labour and material necessary for the connection of a sewer service
connection, from the main sewer to the property line, shall be supplied
and paid for by the owner of the structure which is to be provided with
sewage service where no such sewer service connection exists. All
labour and materials necessary for the said connection, from the main
sewer to the property line, shall be paid for in advance of the installation
by a lump sum charge as set out by the Municipality where the
Municipality is requested by the property owner to provide the necessary
work and material for said connection. Upon payment, the property
owner shall be entitled to such installation by the Inspector or a person
designated by him, subject to the Municipality's approval.
ii) All labour and material necessary for the connection of the building
sewer from the property line internally, shall be supplied and paid for by
the owner, and the owner shall indemnify the Municipality for any loss
or damage that may occur in the said construction to any third person or
to the Municipality's street, public sewer, watermain, storm sewer or
other utilities or property.
iii) The owner of any building may request the Municipality to install the
necessary building sewer at the time of the sewer service connection for
the same building is being installed,and the Inspector may, if he deems it
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expedient, install such building sewer upon the owner prepaying to the
Municipality the estimated cost of installation of such building sewer.
iv) In the event the actual cost of the installation of such building sewer
exceeds the amount prepaid to the Municipality, the person applying for
such installation shall forthwith,after the completion of such installation,
pay to the Municipality the balance of such cost.
v) Nothing in this section shall relieve the owner from the obligation of
maintaining such building sewer in accordance with the provisions of
this by-law.
vi) A clean-out shall be installed in the building drain as near as practical to
the inner face of the wall through which the drain passes or other
approved clean-out shall be provided. A clean-out shall also be installed
at the property line connection and brought to within six inches of
surface level. The clean-out shall be capped with a metal plate or other
device to the satisfaction of the CBO to permit locates. Every clean-out
shall comply with the Plumbing Code.
(g) A connection shall be made to the public sewer system in compliance with this
by-law, and any septic tanks, cesspools, and similar private sewage disposal
facilities shall be cleaned and filled, removed or destroyed within a period of
thirty(30)days after the connection has been made to the public sewer system.
(h) No person shall cause or permit the discharge of any storm water, including
surface water, groundwater, rain runoff, foundation drain or other subsurface
drainage including any unpolluted cooling water or unpolluted industrial process
water into the sewage Works of the Municipality.
(i) For any construction commencing after the date of passing this by-law, the
building sewer from the building to the Municipality's sewer service connection
shall be connected to the building at an elevation below the foundation footings
where existing grade will permit. No building sewer shall be laid parallel to any
bearing wall within three (3) feet of any bearing wall. The building sewer shall
be laid at sufficient depth to afford protection from frost and at uniform grade
and in straight alignment,wherever possible.
(j) All excavations required for the installation of a building sewer shall be by open
trench unless otherwise approved by the Inspector. All pipes shall be installed
according to the Plumbing Code and no back-fill shall be placed until the work
has been inspected to ensure compliance.All connections and joints shall be gas-
tight and water-tight and all joints shall be made with approved joining materials.
(k) All connections of the sewer service connections into the public sewer shall be
made at a "Y" branch, if such branch is available at a suitable location. If the
public sewer is twelve inches in diameter or less, and no properly located "Y"
branch is available an approved fitting shall be installed in the public sewer at the
location specified by the Superintendent or Inspector. Where the public sewer is
greater than twelve inches in diameter, and no properly located "Y" branch is
available, a neat hole shall be cut into the public sewer to receive the sewer
service connection, with entry in the downstream direction at an angle of about
forty-five degrees. A forty-five degree fitting shall be used to make such
connection, with the spigot end cut so as not to extend past the inner surface of
the public sewer. The invert of the sewer service connection at the point of
connection shall be at a springline or at a higher elevation. A smooth, neat joint
shall be made, and the connection made secure and water-tight. Special fittings
approved by the Inspector shall be used for the connection.
(1) The applicant for the sewer service connection permit shall give at least 48 hours
notice to the Inspector when the building sewer is ready for inspection and
connection to the sewer service connection. The connection shall be made under
the supervision of the Inspector or his representative.
(m) All excavations for building sewer installations shall be adequately guarded with
barricades and lights so as to protect the public from hazard. Streets, sidewalks,
parkways and other public property disturbed in the course of the work shall be
restored in a manner satisfactory to the Municipality.
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(n) Only 45-degree elbows or bends shall be used in the building sewer where an
elbow is required and in no event shall a 90-degree angle be permitted.
6. GENERAL
(a) No person shall maliciously, willfully or negligently break, damage, destroy,
deface or tamper with any structure, appurtenance or equipment which is a part
of the Municipality's sewage system.
(b) The Inspector and other duly authorized employees of the Municipality or the
Agency bearing the proper credentials and identification shall be permitted to
enter upon all properties for the purpose of inspection, observation,
measurement,sampling and testing, in accordance with the provisions of this by-
law.
7. PENALTIES
(a) Any person found guilty of an offence under the provisions of this by-law shall
be subject to a penalty of an amount not exceeding five thousand dollars
($5,000.00) for each offence, exclusive of costs, which penalty shall be
recoverable under the provisions of the Provincial Offences Act.
(b) If any building sewer or any connection to a sewer service connection or public
sewer is made by an owner or his authorized representative, contrary to the
provisions of this by-law,the owner shall repair such defective work or material
within ten (10) days after receipt of notice from the Inspector or Municipality
requiring him to do so and, if the owner fails to repair such work, the
Municipality may repair the work, including the right to enter upon the lands, and
the cost of such repairs shall be added to the tax roll for the property and
collected in the same manner as other municipal taxes.
8. SEVERABILITY
It is the declared intention of the Council of the Municipality that any section or part of a
section of this by-law which may subsequently be held to be invalid shall be severable
from the remainder of the by-law and shall not be deemed to have persuaded or
influenced the Council to pass the remainder of the by-law.
9. ENACTMENT
This by-law shall be in full force and effect on the day of third reading and final passing
thereof.
READ A FIRST AND SECOND TIME on this 4th day of October, 2001.
READ A THIRD TIME AND FINALLY PASSED on this 4th day of October, 2001.
Ma or
Y
Clerk
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