Water Utility By-law — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot c1e9f74ee73a · verified 2026-06-05 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

! BE IT RESOLVED THAT the following be and the same is hereby adopted and enacted as a by-law of the Town of Mahone Bay when and If the same has received the approval of the Minister of Municipal Affairs, and that the Iown Clerk be and he 1s hereby instructed to forward the same to the Minister and request his approval hereol. BY-LAW NO. 4.5 ## A BY-TAM RESPOTLER DOWN'S Ihis by-law shall be known as and may Short fitle - 1.1 be cited as the "water Utility By-law" and the Town may aot as provided herein on behall of the water utillty of the lown herelnafter referred to as the "Water Utility", - 1.2 Ihia by-law shall be read and construed as subject in all respects to the provisions of the Public Utillties Act any orders and regulations made thereunder and the Rules and Regulations of the Water Utility, as now or from time to time hereunder amended and in case of conflict the provisions of the Public Utilities Act, any orders and regulations made thereunder, and the Rules and Regulations of the water utility, as so amended, shall prevali.  Public Utilities Act · - 2.1 The water supply treatment and dis- Reaponelbility for Water tribution system of the Water Utility (herein- Utility after the "Water System"), the management. maintalning, working. and extension thereof, the officials employed In connection therewith, and the operationa of the water utility, shall be under the supervision of the Water Committee (hereinafter the "Committee") subject to the general direction and control of Counoil. - 3.1 The Council may appoint an engineer Superintendent and shall annually appoint a superintendent of the Water Syetem (hereinafter the "Superintendent") who shall hold office for one year or until his succesaor is appointed or until he 1s removed by a vote of the Council. - 3.2 The Superintendent shall be sworn Io be sworn before the Mayor, Stipendlary Magistrate or Town Clerk, to the faithful performance of his dutles and he shall, It required, give such security as the Council may direct and receive such remuneration as the Council may by regolution appoint.  · ..i. 3.3 The Superintendent shall be under the direction of the Committee, and shall perform such duties and carry out such orders as shall be assigned and made from time to time by the Council and the Committee. 3.4 Subject to the direction of the Committee, the Superintendent shall have supervision of the Water System, and shall see that the same is maintained and in good repair and working order; that all by-laws, orders, regulations & job descriptions relating to them are duly observed and enforced; that all contracts in connection with it are complied with; that the hydrants and valves are at all times kept In a thoroughly effective and serviceable condition; and shall be vigilant and detect abuses and shall report the same to the chairman of the Committee. Records of meter installation & Inspection, hydrant Installation inspecting and system flushing be main- tained by the superintendent. 4.1 The by-laws of the Town in relation to the Water Utility and the Rules and Regulations of the Water Utility approved by the Board of Commissioners of Public Utilities shall be considered a part of the contract with any person taking and using water, and the fact of taking water shall be considered as expressing assent on the part of the person taking water to be bound thereby. Duties Responsibil ities By-laws part of contract  - 5.1 Application for the Laying of service pipes shall be made in writing at the lown Olerk's office, and the applications will only be received from the owner of the premises 1n respect of which such applications are made, exoept under apeolal ciroumatances; avery application shall be in the form of Schedule A, which form shall be signed by the applicant. Application for the turning on or Off of water shall be made in writing to the lown Clerk's office by the owner of the premises, or water customer. Application for gervices - =6.1 Rates and charges for the supply of water and regulationa concerning the supply of water shall be in accordarce with those as approved from time to time by the Nova scotia Board Of Commissioners of Public Utilities (hereinafter the "Boardt).' Rate subject to P.U.Br '. - 6.2 Persons making appllcationa for the use of the water lor any premiaes, where required, shall at the time of application deposit with the water Utility a sum equal to the greater of $25, or the estimated charges Payment  : for water nervice for a period ol six months. Ihls deposit shall be held by the water Utility as collateral security for the payment of its bills, but 1a not to be considered as a payment on account thereof. When the customer ceases to use the service and discharges all his 1labllity to the water Utility in respect of the service, the deposit shall be returned to him, with intereat thereon at the rate preacribed by the Utility Rules and Regulatione. turning on and oft 7.1 In any case where the water shall have Coat of been turned off from any premiage by reason of the non-payment of the rates or barges, the water shall not again be turned on to such premises until, in addition to the rate or charges due, the peraon or persona in default shall have paid the further sum prescribed by the Rules and Regulations of the Water Utility to cover the cost of auch turning pfI and on oi. the water. 8.1 Where meters are not installed or to be installed, applicants shall give a full and true statement of the size and description of their premises, the purpose for which the water Application for service  : ... will be used, the number and description of tape or other fixtures and all other Information that may be necessary to make a correct estimate of the rates or charges to be made against them. 8.2 Subject to the subdivision regulations Laying Service and by-laws of the Iown and any agreement Pipes entered into with a subdivider or developer by the lown on behalf of the water Utillty, upon applications being made, an aforesaid, the Town on behalf of the water Utility will lay all service pipes for the supply of premises, with the exceptions herelnafter mentioned, from the main to the curb atop land such ourb stop shall be not more than one foot outside the property ownera line) free of coat to the applicant but special arrangement muat be made with the Committee in the winter season. The Water Utility may Install the service line from the street connection to the premises at the cost of the water austomer. 8.3 The Superintendent will in every case determine the size of the pipe to be used in supplying any premises, and alao the poaltion Size and location  : In the street in which It is to be lala, and the main pipe will not be tapped for a larger connection stop than two inches. - 8.4 The lown on behalf of the water Utility will lay only one service pipe for the supply of any single house or premises, free of charge, and any person dealring more than one service for the supply of hia premises will be charged with the cost of the extra service. - 8.5 Subjeot to the aubdiviaion regulationa and by-lawa of the Town, i tha Rules and Regulatlons of the water Utility, and any agreement entered into by the Town with a subdivider or developer, no work of any kind connected with the water service, either for the laying of new or the repair of old service, will be pormitted to be done within the limits of any atreet by other than the employees of the Town, and the Council retaina the right through the Superintendent of directing all mattera in connection with the work upon the premises 0 f water takers. One Service Direction of Work  - 8.6 The onus shall Ile upon the water customer to show that the pipe laid within his premises 1a in accordance with the requirements of the lown and the Rules and Regulations of the water Utillty and, unless auch be shown to the satisfaction of the Superintendent in charge of the work, no connection shall be made with the street pipe. - 8.7 A11 service pipes upon the premised of pipes of water customers shall be lald to a depth of not Less than four feet below the level of the surrounding ground and they shall be properly protected against aettlement.. - 8.8 The material employed in the construcMaterial tion of service pipes shall be brass or copper to be used or other material approved by the Conmittee. - 8.9 No two premises aupplied with water shall be dependent upon one service pipe beyond the street I1ne, but each separate and distinct tenement or premises shall be supplied through a separate pipe provided with proper curb stops or other means of cutting off the water.. Separate pipes. - 9.1 Prompt notice shall be given in Changes In Fixtures writing at the Town Clerk's office, and written  permiasion must be obtained therefrom, before any change or addition is made to the number or description of fixtures using water on any premises not serviced by a water meter. 10.1 Between the curb stop and cellar stop and within the building all persons shall keep their service pipes and other fixtures In good order and repalr, and proteoted from frost at thair own risk and expense. Repair · 10.2 In case of leake or improper pipes or fixtures on any premises the engineer of Superintendent shall have authority on behalf of the Water Utility to cut off the water supply by shutting the ourb stop off or by detaching the service pipe from the main, and before the water is again turned on the pipes and. fixtures shall be repaired or' altered as required, and the coat of detaching and reattaching, or turning off and on the water, shall be paid by the person or persons acoupying the premises and the person supplied from that service pipe shall have no claim againat the Town or ita water Utility by reason of such Leaks cutting off of the water, and generally the engineer or Superintendent or other officer shall have authority to cut off the supply of water at any point when necessary.  11.1 All hose connections must have the valves by which water 1s turned on and off insido the bullding from which the hoae projeata. Hose Connections 12.1 Any person or persone about to vacate any premiees that have been supplied with water from the water system, or who ia or are desirous of discontinuing the use thereof, must give ten days' notice thereof in writing at the Town Olerk's office before such vacating or discontinuing, otherwise such person or persons shall be held liable for the charges thereafter accruing for water used from the water system on the premises and for all damages including the cost of the waste of water that may be occasioned by reason of such notice not having bean given. 13.1 No person or persons shall make or allow to be made any connection whatsoever with any part of the water system or with any water piping on private property without written permission from the water ayatem Diaconneotions Permiasion connection Superintendent.  14.1 No person or persons shall obstruct the access to any fire hydrant, valves, stopcock, or any other fixture connected with the water system by placing on or near them any earth, brick, stones, timber or other material, or otherwise obstruct the same, nor shall permit his, her or their employee so to do; and the Water Committee, engineer or Superintendent or other employee of the lown shall have the power to remove such obstruction at the expense of the offending party. No obatruction 15.1 Except in cases of emergency, no person being inmate, occupant or tenant of any premises supplied with water from the water system shall vend, sell or disposa of the water therefrom or give away or permit the same to be carried or taken away or allow the same to be used for the benefit of any other person or persons whataoever. No sale of. water 16.1 There shall be no unnecessary waste of water either to prevent freezing or for any other cause. Waste  ## COLLECTION OF RATES - 17.1 The water rates shall be rated and - charged againat the customer supplied with water. Rated against Property - 17.2 The rates may be collected from the customer by action at the suit of the own on behalf of the Water Utility as lor a debt due the water Utility. Collection of rates - 18.1 When a water rate or any installment thereof 1s not paid within thirty days after the date rendered, the committee on behalf of the Water Utility may cause the water supply to be shut off from the premisea upon which the rates and charges have not been paid until the rates and charges and all cost connected therewith and fully paid; and notwithstanding that the water has been turned off from the said property the customer shall still be liable for rates and charges. - 19.1 The Committee reserves the right to decline to connect with plumbing which has not been done in a proper manner or which Water turned off Defective Pipes  .... has not been examined and approved by the Superintendent; and whenever the Super112tendent reports that the water pipes or apparatus In, on or about any premisea or private property are in a bad condition or 1n improper or dangerous position or Insufficiently protected from frost, the Committee may turn off the water Izom. the premises so reported upon and may decline to furnish water thereto until the pipes and apparatus are put in a satisfactory condition. 20.1 The Committee reserves the right in case of flre or of an alarm of fire of In case of making repaira or constructing new work or putting in and repairing service plpes of the water Utility or doing any other necessary thing in connection with the water system, to ahut off the water and keep it shut off as long as may be necessary. 21.1 The Committee reserves the right to control the times at which places of business wash windows or adjoining sidewalka Right to shut off Washing Windows and the times at which all customera sprinkle lawns.  22.1 The Superintendent and any policeInspection man shall be allowed access at all reagonable times to the premises supplied with water to Inspect the service pipes and faucets, batha, water closets and all other apparatus for the use and supply of water on the premises. 23.1 No person except the superintendent or such person or persons as the Council or Committee may appoint for the purpose, shall at any time open any publio hydrant or fire plug connected with the water system, or let off or uae any water therefrom nor turn any valve in the main or branch water pipe or any curb stop, nor place or deposit any dixt or material whatever in any valve or curb stop, nor injure, damage or destroy or in any way interfere or medale with any building, machinery, hydrant, valve pipe, apparatus, tools or any other thing or work connected with the water system. Opening Hydrants ·  24.1 No person shall interfere with, damage or destroy any property belonging to the water system. No Interference 25.1 No person shall bathe or fish in the waters of the water system's supply lake or reservoir, nor shall place or deposit in the waters or on the watershed area of the aupply lake any substance or thing which could spoil, adulterato or render impure the water therein, or to interfere with and interrup the water therein, or to interfere with and Interrupt the supply of water to the Water Utility or Its customers. Bathing or fishing 26.1 Any person who violates any' clause, provision, requirement or duty of this by-law shall, be gullty of an offence and liable upon conviction to a penalty not exceeding Iwo Hundred Fifty Dollars ($250.00) for each offense, and in default of payment thereol to impriaonment for a period not to exceed one month. Penalty - 27.1 All former Water Works By-laws of the Town are hereby repealed and this by-law aubstituted therefor. Repeal ·  ## SCHEDULE A TOWN OF MAHONE BAY WATER AND SEWER DEPARTMENTS Application No. Application is hereby made by.. -orancoon fOl permission to install ... ... - - ... at the promises on aide of.. ... Street between. - Street and - - Street Owner.. - Occupant Type of Building Bullder..... .... Plumber All work to be done as provided by the By-laws of the Town of Mahone Bay as affecting the above departments. The fee or deposit of - accompanies this application. ... Signature of Owner Dated this .......ooday of ..... .19.. New water Service' "New Sewer Connection' "Renewal of Water Service" "Addition to Plumbing" Permit No.. Date .-.. - -granted 19...   This is los cordily that dhe Porcoin By-Law Respecting the Town's Water Utility, Number \_ Is a true copy uf " by low pirated by He Commit of the Town of Mahone Bay at a duly "ide matiny: hold on ll: twenty-sixth day of August, 1280 ..... TOWN COME 1..!..l id. Midure: Nig, lhls twenty-third day ef deptember, 1980   -