BY-LAW CONCERNING THE USE OF DRINKING WATER. In view of section 19 of the Municipal Powers Act (R.S.Q., chapter C-47.1);

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1 VILLE DE MONTRÉAL BY-LAW BY-LAW CONCERNING THE USE OF DRINKING WATER In view of section 19 of the Municipal Powers Act (R.S.Q., chapter C-47.1); In view of section 369 of the Cities and Towns Act (R.S.Q., chapter C-19); In view of section 84 of the Charter of Ville de Montréal (R.S.Q., chapter C-11.4) and section 80 of schedule C to the Charter; At its meeting of June 17, 2013, city council enacts: CHAPTER I OBJECTIVES, INTERPRETATION AND APPLICATION 1. The object of this by-law is to regulate the use of drinking water so as to preserve the quality and quantity of that resource, namely through measures aiming to reduce its consumption. 2. In this by-law, the following words mean: aqueduct : the system comprised of structures, drinking water conduits, fixtures and devices belonging to the central municipality or to reconstituted municipalities within the urban agglomeration of Montréal and by which drinking water is supplied; automatic sprinkler system : an automatically activated irrigation apparatus that is connected to the aqueduct, including all electronic or underground devices; backflow preventer»: a backflow preventer as defined in the Code; city : Ville de Montréal; Code : Chapter III of the Quebec Construction Code, chapter III Plumbing and Quebec Safety Code, chapter I; manual irrigation : irrigation by means of a hose having a diameter of at most 20 mm, connected to the aqueduct, equipped with a pressure release closure device that is handheld when in use; water meter : an apparatus used to measure the consumption of water from an aqueduct; "water service pipe": a pipe that conveys water from the aqueduct to the inside of a building /1

2 3. This by-law establishes the standards for the use of drinking water from the aqueduct system and applies to city territory. Subject to article 16, this by-law does not limit the use of drinking water for activities related to horticultural production, being all activities that are required for the production of vegetables, fruit, flowers, trees or ornamental shrubs for commercial or institutional purposes, including soil preparation, sowing, maintenance, harvest, storage and marketing. This by-law does not limit the use of water for fire safety purposes. CHAPTER II OUTDOOR AND INDOOR WATER USES SECTION I SUPPLY TO A BUILDING 4. No person may: (1) supply water to a building other than that to which the aqueduct system is meant to supply; (2) use a building s water supply for purposes other than to meet the needs of the building or of its occupants. SECTION II CONTINUOUS USE 5. No person may let aqueduct water run continuously, except: (1) in the case of a water service pipe whose content presents, during intense cold periods, freezing risks; (2) where a temporary water supply is installed, above ground, so as to preserve water quality. SECTION III ENERGY SOURCE 6. No person may use water pressure or flow from the aqueduct as an energy source. SECTION IV PLANT IRRIGATION 7. Manual irrigation of vegetable gardens, gardens, flower boxes, flower stands, flower beds, trees and shrubs is allowed at all times except during rainfall /2

3 8. Irrigation of lawns, hedges, trees, shrubs or other vegetation using a portable sprinkler or a porous hose is permitted from 8 p.m. to 11 p.m. on the following days, except during rainfall: (1) on even dates for occupants of buildings bearing even civic numbers; (2) on odd dates for occupants of buildings bearing odd civic numbers. 9. Irrigation using an automatic sprinkler system in accordance with article 27 of this by-law is authorized only between 3 a.m. and 6 a.m. on the following days: (1) on even dates for occupants of buildings bearing even civic numbers; (2) on odd dates for occupants of buildings bearing odd civic numbers. 10. No person may use irrigation equipment in such a way that water flows on the street or onto neighboring properties. 11. Despite articles 8 and 9 of this by-law, every person may irrigate every day, using a portable sprinkler, a porous hose or an automatic sprinkler system, a new lawn, a new tree or shrub plantation and a new landscaping development, for a period of 15 days following the beginning of sowing, plantation or laying of grass sod. SECTION V POOLS 12. No person may fill a private pool between 6 a.m. and 8 p.m. However, water from the aqueduct may be used for the installation of a new pool, in order to maintain the shape of its structure. Despite the first paragraph, pools may be filled any time between April 1 and May 15. SECTION VI VEHICLES, DRIVEWAYS, SIDEWALKS, STREETS, PATIOS OR EXTERIOR WALLS OF A BUILDING 13. Vehicles may be washed at all times, provided that a wash bucket or a hose equipped with a pressure release closure device is used. 14. Driveways and paved surfaces, sidewalks, patios and exterior building walls may be washed, using a hose having a maximum diameter of 20 mm, only between April 1 and May 15 of every year, or during painting, construction, renovation or landscaping work justifying such use, or where the presence of residue poses a sanitary problem. The hose used for that purpose must be equipped with an automatic closure device. 15. No person may use water from the aqueduct to melt away snow or ice from driveways, lots, patios or sidewalks /3

4 SECTION VII AGRICULTURAL IRRIGATION 16. No person may use water from the aqueduct for the irrigation of agricultural land, unless a water meter is installed on the supply conduit. SECTION VIII PROHIBITED USES 17. The city may, by way of a public notice, prohibit in a specific area and for a specific period, the irrigation of lawns, gardens, flowers, trees, shrubs and other vegetation, the filling of pools, as well as the washing of vehicles or any other outdoor use of water. SECTION IX USE OF FIRE HYDRANTS 18. No person may use a municipal fire hydrant, with the exception of city employees or authorized persons. Where the considered use does not compromise fire safety, the city issues the authorization required under the first paragraph to any person who files a written application describing the intended use for the fire hydrant, as well as the period during which it is to be used and who pays the applicable fee, as the case may be. Such application must include a declaration whereby the applicant releases the city from any liability for damages or claims resulting from the use of the fire hydrant and whereby the applicant takes full responsibility for any damages to the fire hydrant that may occur during the period of use. 19. Any authorized person must: (1) exclusively use the fire hydrant designated by the city; (2) advise the city before the beginning and at the end of the period of use of the fire hydrant; (3) completely open the fire hydrant at the time of use, using a special wrench for that purpose, and adjust the flow using a shut-off valve that must be installed on the hydrant orifice; (4) install a backflow preventer; (5) close the fire hydrant after use, using the special wrench for that purpose; (6) ensure, when the fire hydrant is closed, that it is well drained before replacing the cap on the hydrant orifice; /4

5 (7) ensure water-tightness of connections, so as to avoid waste or spilling onto public or private property. 20. The owner of a private fire hydrant must abide by paragraphs (3) to (7) of article 19 of this by-law when using that fire hydrant 21. When using a fire hydrant, no person may let the water run for any purpose other than that for which the authorization to use the fire hydrant was issued. 22. No person may use a fire hydrant at freezing temperatures, unless it is protected accordingly. CHAPTER III EQUIPMENT REQUIREMENTS SECTION I AIR CONDITIONING, REFRIGERATION, COOLING, HEATING OR BUILDING SERVICE APPARATUSES 23. No person may install, in a building used for residential purposes, an air conditioning, refrigeration, cooling or heating apparatus, a generator unit or any building service apparatus using water from the aqueduct. All apparatuses using water from the aqueduct described in the first paragraph and installed prior to the coming into force of this by-law must be replaced before January 1, 2018, by apparatuses that do not use water from the aqueduct. The prohibition provided in the first paragraph does not apply to apparatuses used solely for emergency purposes or to apparatuses equipped with a recirculation loop or with a water collection system for industrial processing purposes. The recirculation loop must prevent water from the aqueduct from being used continuously. 24. Despite article 23 of this by-law, the city may authorize the installation and use of apparatuses covered therein, provided that: (1) the owner proves that the building s architectural constraints prevent the installation of a system that does not use water from the aqueduct; (2) possible alternatives are prohibited under other by-laws. However, where the conditions on which the authorization referred to in the first paragraph no longer exist, the apparatuses must be replaced in accordance with article 23 of this by-law /5

6 SECTION II DECORATIVE PONDS AND WATER DISPLAYS 25. All ensembles of decorative ponds, whether or not they include water jets or a water fall, as well as fountains, initially filled and refilled using water from the aqueduct, must, where installed on an immovable used for residential purposes, be equipped with a functioning system ensuring water recirculation. Continuous supply of water from the aqueduct is prohibited. 26. Any water display installed on an immovable used for residential purposes must be equipped with a command activation system. Continuous supply of drinking water is prohibited. Non-compliant water displays installed before the coming into force of this by-law must be replaced before January 1, SECTION III AUTOMATIC SPRINKLER SYSTEMS 27. Automatic sprinkler systems supplied by the aqueduct must, where installed on an immovable used for residential purposes, be equipped with: (1) an automatic humidity detector or an automatic switch in case of rainfall, prevent the onset of irrigation cycles when atmospheric precipitations or soil humidity are sufficient; (2) a reduced-pressure backflow preventer to prevent contamination of the aqueduct; (3) an electric valve controlled by an electrical operation device, used for the automatic control of irrigation or irrigation cycles. Such valve must be installed downstream from the backflow preventer; (4) a handle or a knob-valve, accessible from the outside, with a manual shut-off system to be used exclusively in case of equipment failure or malfunction, or for any other reason deemed urgent. However, an automatic sprinkler system installed before the coming into force of this by-law that is incompatible with the requirements of this article may be used, but must be brought to standards, replaced or deactivated before January 1, SECTION IV WORK 28. The city may, in case of default by the owner of a building, in addition to any other recourse under the law, take any action or have any action taken, at the owner s expense, that is required under this by-law in connection with the immovable /6

7 The costs incurred by the city under the first paragraph constitute a prior claim on the immovable concerned, in the same way and with the same rank as the claims referred to in paragraph (5) of section 2651 of the Civil Code of Québec, and are also secured by a legal hypothec on the immovable. CHAPTER IV PENAL PROVISIONS 29. Any person who contravenes this by-law is guilty of an offence and is liable: (1) in the case of an individual: (a) for a first offence, to a fine of $200 to $500; (b) for a second offence, to a fine of $500 to $1,000; (c) for any subsequent offence, to a fine of $1,000 to $2,000; (2) in the case of a corporation: (a) for a first offence, to a fine of $400 to $1,000; (b) for a second offence, to a fine of $1,000 to $2,000; (c) for any subsequent offence, to a fine of $2,000 to $4,000. CHAPTER V MISCELLANEOUS PROVISIONS 30. This by-law repeals all prior provisions that contradict or are less restrictive than those in this by-law, with respect to city territory. Without restricting the scope of the first paragraph, this by-law repeals: (1) articles 73 to 76, 82 to 85, 88, 89 and paragraphs (1), (4), (5) and (6) of article 90 of city By-law concerning the piping of drinking water, wastewater and storm water (R.B.C.M., chapter C-1.1); (2) articles 6, 25, 27 and paragraphs a, b, e, j, k, l, m, n of article 8 by-law 1031 concerning the aqueduct and repealing by-law 72 and its amendments, both of Ville d Anjou; (3) by-law 416 concerning the use of water of L Île-Bizard; (4) articles 4, 6, 8, 9 and paragraphs 10.1, 10.2, 10.3, 10.4 of article 10 of by-law 2059 concerning the management of the aqueduct and its use of La Salle borough; /7

8 (5) by-law 835 concerning the use of water of Ville de Pierrefonds; (6) articles 2, 3, 5 and 9 of by-law 175 controlling the use of water and setting the water tax of Ville de Roxboro; (7) articles 25, 27 and 28 of by-law 944 concerning water distribution and price of Ville de Saint-Laurent; (8) by-law 2084 concerning the outdoor use of water of Ville de Saint-Léonard; (9) articles 6, 8, 10, 11 and paragraphs 12.1, 12.2, 12.3, 12.4 of article 12 of by-law 1120 concerning the management of the aqueduct and its use and imposing a tax or compensation for the use of water of Verdun borough; The public notice relating to this by-law was posted at city hall and published in The Gazette on June 20, /8