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Copyright © 2011: City of St. John's,
St. John's, Newfoundland, Canada
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Pursuant to the powers vested in it under the City of St. John’s Act, RSNL 1990 c.C-17, as amended and all other powers enabling it, the City of St. John’s enacts the following By-Law relating to premises isolation and cross connection control.
BY-LAW
1. This By-Law may be cited as the “St. John’s Premises Isolation By-Law”.
2. In this By-Law:
(a) “qualified person” means a person licensed by the City of St. John’s to carry out the functions and duties specified in Schedule A of this By-Law.
(b) “inspector” means any person designated by Council to administer and enforce this By-Law.
LICENSING
3.(1) A qualified person shall be licensed by the City before carrying out work required by this By-Law within the City.
(2) The application for a license shall include:
(a) name;
(b) business address and location, if different from business address;
(c) proof of Atlantic Canada Water and Wastewater Association training and certification or equivalent from another jurisdiction acceptable to the inspector; and
(d) such other information as may be required by the inspector.
(3) A license issued under this By-Law is not transferrable.
(4) A license shall be valid for a maximum of one year from the date of issue.
(5) All licenses issued under this By-Law shall be for a period of 12 months from the date of issue.
(6) The fee for a license shall be set by council from time to time.
PERMITS
4. (1) A permit is required for all work related to the installation and maintenance of a premises isolation system including, but not limited to, installation, testing, alteration, renewal or repair of premises isolation backflow prevention devices.
(2) A permit shall only be issued to a qualified person who holds a valid license issued under this By-Law.
(3) The application for a permit shall include:
(a) name of the qualified person,
(b) name of the owner of the property at which work is to be carried
out,
(c) location at which work is to be carried out,
(d) description of the work, and
(e) such other information as the inspector may require.
(4) The inspector may refer any application for a permit to such other agencies, jurisdictions or departments for review and approval as he deems necessary or as required by law prior to granting a permit.
(5) The application shall be reviewed by the inspector and if found to be in conformity with this By-Law and all other applicable legislation the inspector may issue a permit for the work proposed upon receipt of the appropriate permit fee, which fee shall be set by council from time to time.
(6) The inspector may, upon granting a permit, impose such conditions as may be necessary to fulfill the requirements of this By-Law. Such conditions or requirements shall be outlined to the applicant in writing prior to, or upon the granting of, the permit.
SCOPE AND APPLICATION
5. (1) This By-Law shall apply to new and existing properties.
(2) Premises isolation backflow prevention devices shall be installed on all water laterals supplying water to a property, except properties with fewer than 3 Dwelling Units or properties with a Home Office.
(3) Properties which are exempt under subsection (2) shall, where they are the result of new construction or have been expanded, ensure sufficient accessible space is identified, allocated and maintained for future installation of a premises isolation backflow prevention device.
PROGRESS OF WORK
6. All work carried out under this By-Law shall be performed under the supervision and direction of a qualified person.
7. (1) Any and all work for which a permit has been issued shall be accessible by the inspector.
(2) Where any work or part thereof is covered it shall be uncovered and made accessible as directed by the inspector at the cost of the permit holder.
8. During any inspection deficiencies that are noted will be listed by the inspector on a Deficiency Notice and a copy of the Deficiency Notice issued to the permit holder and property owner.
9. A copy of the permit shall be kept posted in a conspicuous place at the location of the work for the duration of the work.
10. All permits issued by the inspector under the provisions of this By-Law shall expire six (6) months from the date of issue, unless otherwise noted on the permit.
RESPONSIBILITIES OF PROPERTY OWNER
11. The property owner shall ensure:
(1) that a qualified person determines the level of hazard at their property using an industry standard acceptable to the inspector,
(2) that where the level of hazard at their property cannot be determined with reference to an industry standard acceptable to the inspector that a professional engineer, being a qualified person within the meaning of this By-Law, be retained to determine the level of hazard, provided that final determination of the level of hazard shall be subject to approval by the inspector,
(3) that no unauthorized connection is made to their system that may increase the level of hazard of the property, and
(4) where the use of the property changes, major renovations are carried out at the property or whenever required by the inspector the level of hazard at the property shall be re-determined.
12. The property owner is solely responsible for the purchase, installation, testing, maintenance, repairs and replacement of premises isolation backflow prevention devices.
STANDARDS
13. (1) All premises isolation backflow prevention devices must be CSA approved for the application in which they are to be used and for the orientation in which they are to be installed.
(2) Installation, maintenance and testing of premises isolation backflow prevention devices shall comply with applicable city standards.
(3) Notwithstanding the provisions of subsections (1) and (2) the City may stipulate the type of premises isolation backflow prevention device to be used.
(4) Above ground structures for housing premises isolation backflow prevention devices shall comply with the requirements of ASSE 1060, Class 1 – American Society of Safety Engineers.
LOCATION OF DEVICES
14. (1) For properties without a private hydrant premises isolation backflow prevention devices are to be located inside the structure before any branch or connection and must be installed within the first 3 metres of pipe where the water service enters the structure, unless otherwise approved by the inspector. The location shall be heated and a non-confined space. Separate premises isolation backflow prevention devices are required for domestic and sprinkler/standpipe lines.
(2) For properties with a private hydrant premises isolation backflow prevention devices shall be located at the property line in a heated, above ground, non-confined space structure. The structure shall be located before any branch or connection and within 40 metres of where the lateral crosses the property boundary. Premises isolation backflow prevention devices are required for domestic, hydrant and sprinkler/standpipe lines.
(3) Notwithstanding subsection (2), where appropriate in the opinion of the inspector, the premises isolation backflow prevention devices for a property with a private hydrant may be located inside the structure before any branch or connection and must be installed within the first 3 metres of pipe where the water service enters the structure with the location being heated and a non-confined space. Separate premises isolation backflow prevention devices are required for domestic, hydrant and sprinkler/standpipe lines.
(4) The pipe to which a premises isolation backflow prevention device is attached shall be in a continuous unobstructed space and be accessible by the inspector.
INSTALLATION, INSPECTION, TESTING AND MAINTENANCE
15. Where a premises isolation backflow prevention device is required all laterals are to be fully isolated from the city’s water distribution system.
16. Bypass of, tampering with, interference with or manipulation of a premises isolation backflow prevention device is prohibited.
17. Faulty or inoperable premises isolation backflow prevention devices are to be immediately taken out of service and repaired or replaced in a manner acceptable to the inspector.
18. Installation, inspection, testing, maintenance, repair and replacement of premises isolation backflow prevention devices is to be done by a qualified person in accordance with city standards.
19. The property owner shall provide access to the inspector for the purposes of inspection and testing of the premises isolation backflow prevention device.
20. Premises isolation backflow prevention devices are to be tested upon installation, following maintenance and repair, annually and as required by the inspector and a copy of the test results, together with confirmation that the premises isolation backflow device is functioning correctly, shall be provided to the inspector.
PENALTIES
21. Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for under section 403 of the City of St. John’s Act.
22. In addition to the penalty provided for in section 21, failure to comply with the provisions of this By-Law may result in revocation of licenses and permits issued under this By-Law and/or result in the stopping of the supply of water to the property affected.
23. Notwithstanding any other provision of this By-Law any person who owes outstanding fines to the city for a by-law or regulatory violation for which he has been convicted shall not be entitled to a license or permit issued pursuant to this By-Law until such time as all outstanding fines have been paid and proof of payment, in a form acceptable to the inspector, has been provided to the inspector.
St. John’s Premises Isolation By-Law
Schedule A
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