HomeMy WebLinkAbout07 135 Water Hydrant Use By-Law
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THE CORPORATION OF THE MUNICIPALITY OF KlNCARDINE
BY-LAW
NO. 2007 - 135
BEING A BY-LAW TO REGULATE THE USE OF WATER HYDRANTS WITHIN
THE MUNICIPALITY OF KINCARDINE
WHEREAS the Province of Ontario has enacted the Safe Drinking Water Act,
2002, OReg. 170/03 Amended to O.Reg 402/06, to protect human health through
the control and regulation of drinking-water systems and drinking-water testing;
AND WHEREAS Sections 11 (1) and (3) of the Municipal Act, 2001, S.O. 2001, c.
25 as amended gives broad authority to lower-tier municipalities to provide any
service or thing that the municipality considers necessary or desirable for the
public and respecting matters within the sphere of jurisdiction of public utilities -
water production, treatment and storage and water distribution;
AND WHEREAS pursuant to the Ministry of the Environment Safe Drinking Water
Branch 2006/2007 municipal water treatment plant inspection report for the
Kincardine Water Treatment Plant dated January 9, 2007, it was recommended
that the Municipality of Kincardine develop and implement a by-law restricting
access to fire hydrants throughout the Municipality of Kincardine water distribution
systems;
AND WHEREAS pursuant to the said Municipal Act, Section 9 provides that a
municipality has the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act;
AND WHEREAS the Council for The Corporation of the Municipality of Kincardine
deems it expedient to adopt regulations governing the use of water hydrants
within the Municipaiity of Kincardine;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That all fire hydrants located within the Municipality of Kincardine are for
municipal use only and may only be operated by Municipality of Kincardine
Volunteer Firefighters and/or trained Public Works personnel.
2. No person shall:
i) Connect any device whatsoever to any fire hydrant.
il) Operate, alter, change, remove or disconnect, in any manner, any
fire hydrant;
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iv)
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Water Hydrant Use By-law
By-law No. 2007 - 135
Screen or otherwise obstruct by trees, shrubs, bushes, fences or
any other structure that impedes access to the hydrant by the
Municipality of Kincardine Public Works Water Services Department
Employees and/or Kincardine Volunteer Firefighters.
Paint, change the grade or alter in any other way the hydrant or its
surroundings so as to diminish the visibility of the hydrant.
3. That the Municipality of Kincardine may authorize the temporary use of fire
hydrants for private individuals or contractors subject to the foliowing
conditions:
The user must be trained in the proper use of hydrants and use the
necessary equipment and control valves required to operate the
hydrants.
Use of the fire hydrants must be arranged with the Municipality of
Kincardine Water Services Department prior to hookup.
Any hook-up to a hydrant wili require a backfiow preventor and
water meter to protect against contamination of the distribution
system and to accurately determine the amount of water taken.
All items used from the Municipality of Kincardine Water Services
Department will be returned in good working condition after use.
The applicant shall be responsible for any costs of repairs or
damages caused by the incorrect operation of a fire hydrant. The
Public Works Manager shall be authorized to detail the full biliing,
which may include administration, labour, parts and/or other
associated fees.
vi) In the event that a fire hydrant fails to operate properly or will not
shut off drip tight, the user is required to contact the Municipality of
Kincardine Water Services Department.
vii) The individual or contractor agrees to remit payment in accordance
with the fees charged under By-law No. 2007 - 108, the "2007
Consolidated Fees Solid Waste Management, Sanitary Sewer and
Water By-law", or its most current successor.
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That any person who uses a fire hydrant illegally, gives a false declaration,
grossly inaccurate water taking estimate, or engages in any other action
which puts the safety and integrity of the water system at risk, shall
immediately have the above privileges revoked and be guilty of an offence
pursuant to the Provincial Offenses Act for the Province of Ontario and on
conviction be liable to a fine of not more than $5,000.00, exclusive of costs.
5. This by-law shall come into full force and effect upon its final passage.
6. This by-law may be cited as the "Water Hydrant Use By-law".
READ a FIRST and SECOND TIME this 1" day of August, 2007
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Clerk
READ a THIRD TIME and FINALLY PASSED this 1" day of August, 2007.
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