HomeMy WebLinkAbout1230A By-law to provide for the payment of a fee for the inspection of plumbing and sewers.
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AND WHII~EAS by paragraph 83a of Section 38g {1) of The Alunicipal Act, the Council
of this i~unicipality is authorized to pass by-law for charging fees for such
inspections,
NOf~J TI-TEREFORE it is enacted by the Pdunicipal Council of the Corporation of the
'/or/ti/sp~P of C',~ARKE as a by-law of the said Corporation as follows:-
1. This Bylaw shall apply to any Group A system, any Group B system and any
Group C syste.~, as defined in Ontario Regulation 261/52 or amendnents thereto or
any regulation made in substitution therefor, situate in this Municipality.
2. This By-law shall not apply to
(a) repair or replacement of a valve, faucet or fixture, or
(b) work in
(i) repairing a leak, or
iii) forcing out a stoppage
3. In this By-law
(a) "Plumbing" includes the pipes, fittings, fixtures, traps, drains, and
appliances for conveying water or sewage or other liquid wastes, as the case
may be, to, in or from, a building and the premises contiguous thereto under
the control of the same occupier.
(b ) 11Inspectort4 means an inspector appointed or authorized by the
Northumberland-Durham Health Unit under The Public Health Act to enforce
within this Municipality the provisions of Ontario Regulation 261/52 or
amendments thereto or any regulation made in substitution therefor.
(c) "Treasurer" includes any person authorized to act on behalf of the
Treasurer.
!~. Any person who intends by himself or through others to construct, repair, renew
or alter any plumbing shall before the commencement of suc~a construction, repair,
renewal, or alteration pay ~( fee:RSf ~ ,. for'the inspection of such construction,
repair, renewal or alteration by the inspector, as required by the said Regulations.
5. The fee may be paid by the owner or occupier of premises for whom the work is
to be done or by the person who intends to do the work or cause it to be done.
Payment by one of such persons shall relieve the other or others from responsibility
for payment.
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6. The fee shall be paid to the Treasurer who shall prepare in triplicate a
written acknowledgment of payment thereof showing the name of the person intending
to do the work, the name of the owner and of the occupant of the premises, the
address or location of the premises, and the date on which it is intended that
the work shall be commenced. The acknowledgment shall be signed by the Treasurer
and by the person paying the fee.
7. The Treasurer shall deliver one copy of the acknowledgment to the person
paying the fee and shall forthwith deliver, or send by mail the second copy of
the acknowledgment to the inspector and shall retain the third copy of the
acknowledgment in his records.
g. The Treasurer shall forthwith pay the fee into the general funds of this
NIunicipality and ahall from time to time on demand pay out of such funds to the
Nortriumberland-Durham Health Unit such sums as may lawfully be demanded in respect
of the cost of inspections of such work in this NTunicipality, pursuant to section
20 (1) of The Public Health Act.
9, lyothing in this By-law shall relieve any person from any responsibility
imposed by the said Regulations for notifying the inspector when the work is ready
for inspection.
Read a first time the
:~ day of
19.,~~
Read a second time the
day of
Read a third time and passed in open Council the
19....
day of ~ ~ ` 19 ..~ .~
(Mayo or Reeve
(Seal)
Clerk
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Nb~!'~I~i~ER~i}}~-.~ALTH
SC~UIE Cff' FFES
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June, 1953 ../
FOR PLUMBING INSP~CTICl~TS ~ r !,
Residence
Duplex and
1'dultiple apartments
Factories and Schools
Combined apartment and
store or business
Store or Business
a
k c i "~
t
X3.00 plus 50~ a f:i xture `~.. ,. ~ , ~- << ` ^ ~ ~~
j.~,
Sv3.00 Por first suite, v~2.00 for each
addi ti onal suite, plus 50~ A fixture .
w5.00 plus 50~ a fixture
X3.00 for apartment, X2.00 for store and
for each additional apartment, plus
50~ a fixture
$x3.00 plus 50¢ a fixture
Fixtures added to existing system
or plumbing repaired, renewed or "
altered
w2.00 plus 50¢ a fixture
Septic Tanks
w3.00
Above to include one interim and one final inspection
Additional inspections to be X1.00
Change from septic tank to
municipal sewer
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X2.00
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,,~ ~ Northumberland-Durham Health Unit,
Cobourg, Ontario,
May 30, 1953.
To Clerks and Reeves of the iviunicipalities in the United Counties:
Dear Sirs : PLUP:~ING & SF?ERS RFCxUL~TTONS
I have been instructed by the Board of Health of the Northumberland-Durham
Health Unit to advise you that the Regulations under the Public Health Act respecting
Plumbing and Sewers came into force on ~4ay 6th, 1953.
Regulations under the Public Health Act respecting Health Units, R.S.O. 1950,
Chapter 306, provide that the board of health of a health unit shall perform the same
duties as a local board of health, and that the board of health shall, with the
approval of the Minister, appoint such personnel as the ~'linister may require to perform
such duties as the Board and the l"inister may assign,
The power of the council of a local municipality to appoint health workers is
confined to appointing a Medical Officer of Health and such sanitary inspectors as the
municipal bo~~rd may require (Public Health ~-~et section 33 (1) ). It follows that
where there is a health unit, since the municipal local board does not exist and
therefore cannot require any appointments, the municipal councils cannot appoint
personnel to perform duties under the 11.ct or Regulations.
These Regulations respecting Plumbing and Sewers apply where what are called
"Group A Systems", "Group B Systems" and "Group C Systems" exist.
Clause 1 (.36) A Group A system is a water-supply system conveying potable water
supplied to tha premises from a community source. (e.g. municipal
waterworks).
Clause 1 (.37) A Group B system is a drainage system which either
(a) discharges into a municipal sewerage system, or
(b) is in a locality in which no municipal sewerage system is available,
but has a population density of three or more people an acre
according to the last revised assessment roll.
Clause 1 (.38) A Group C system is a plumbing system in a public-access building
(A public-access building is defined by Reg. 1 (.57)).
Clause 4 (2) of the new Regulations prohibits putting into use a
Group A, B, or C system, which has been constructed, repaired, renewed or altered
(with minor excc;ptions) until the work ilas been inspected and found to conform to
the Regulations. Clause 4 (L,.) requires an inspector to inspect the work within 'J days
after being notified in writing that the work is ready for inspection. By Clause 1 (.44)
49Inspectorp' is a person appointed or authorized under the Act to enforce the new
Regulations.
~~s you probably know, there is provision in the Public Health Act, Section 20 (1)
whereby the Treasurer of the municipality shall pay upon demand the costs of services,
such as these inspections, performed under the direction of the board,
Provision has been made by a new clause, 83 (a) under Section 3gg (1) of the
~~Iunicipal Act, (in effect as of Hpril 2, 1953) for the charging of a fee by the council
of the local municipality for inspections. By charging such a fee, the municipality
may obtain a revenue to cover the cost of the inspections. A draft form of such a
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by-law is now under preparation, and will be forwarded in the future for presentation
to the councils and for their necessary action.
UVith reference to the definition of a Group B system, you will note that
l• (37) (b) states ".. is in a locality in which no municipal sewerage system is
available, but has a population density of three or more people an acre according
to the last revised assissment roll". It would appear that for the purpose of the
administration of this ~~ct, such areas will have to be defined. This will be
discussed with you by a member of our staff in the near future.
It is drawn to your attention that the provisions of the Regulations in no
way prevent an individual from installing his own plumbing. However, it is required
that the plumbing installed by riim conform to the requirements of the Regulations
in the areas where these regulations apply.
For your information, authority is given under Section 413 (9) of the ~2unicipal
tact for the municipality to license, regulate and govern plumbing contractors,
plumbers, master plumbers and journeyman plumbers.
There is considerable administration and organization to be done, and I ask
for the co-operation of every member of your council to assist the Board of Health
and the R7edical Officer of Health to adriinister the se Regulations so that every one
may benefit from their provisions, as is the intention.
Attached is a summary of pertinent legislation for the information of the
council members. ae would welcome any questions or comrrients about these new
Regulations.
Yours truly,
Enc.
charlotte TuI. Horner, B.~1., 19I.D., D.P.H.
I~dedical Officer of Health
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Northumberland-Durham Health Unit,
Cobourg, Ontario,
June 30, 1953
To Clerks and Reeves of the
Municipalities of the United C ounti es
PLUMBING AND S~EGdERS REGULATIONS
Doerr Sirs:
Reference is made to a letter dated May 30, 1953, regarding the
Plumbing and Sewers Regulations, which was sent to Clerks. and Reeves of the
muni ci pali ties of the United Counties .
I am enclosing a copy of a by-law, which has been drafted by the
Solicitor for the Northumberland-Durham Health Unit, to provide for the payment
of a fee for the inspection of plumbing ap.d sewers. A motion which was passed
by the Board of Health of the Northumberland-Durham Health Unit at a meeting on
June 3, 1953 reads as follows: "THAT the proposed by-law as submitted by
Mr. Ryan re ~'lumbing and Sewers Regulations be approved, and copies forwarded
to the municipalities for the necessary action.
This by-law is a suggested one, and drafted for your convenience and.
assistance, and may be altered by your Council as deemed necessary, Authority
for passing such a by-law is a recent enactment under The r~iunicipal Act,
Section 388 (1), paragraph 83A.
It would be appreciated if you would present this by-law to your municipal
council at an early date, for their discussion and necessary action.
It may be pointed out that, as mentioned in the letter regarding the
Plumbing and Securers Regulations which has been sent to you the Board of Health
has authority under section 20 (1) of the Ptiablic Health Act, R.S.O. 1950,
Chapter 306, to collect the fees for such inspections from the municipality,
and that this by-law is intended to enable the muhicipality to recover these
expenses from the individuals who are receiving the inspections.
For your guidance, I am also enclosing the schedule of fees which was
adopted by motion of the Board of Health at a meeting held on June 17, 1953•
This will be the Health Unit charge for services, but the fee set by the
municipality may be for any amount your council wishes to impose.
The by-law and schedule of fees will be discussed with council members
by a member of the Health Unit staff in the near future.
tide would welcome any comments or suggestions.
Yours truly,.
~~rw.~n/
Enc . Charlotte 142. Horner, B.A. , P,l.D . , D.P.H. ,
Medical Officer of Health
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1. Pub13c,Health .t-~ct -Regulations respecting Health Units
8. The Board shall exercise within its jurisdiction the s«me powers and perform
the same duties as a local board of health appointed under the Act, and those
assigned by the hTinister.
1L~.. Subject to the approval of the UZinister the board shall appoint and fix the
remuneration of such physicians, public health nurses, sanit~:ry officers and
other personnel as the T~dinister may rec_uire, and they shall perform such duties
as the board and the T~iinister may assign.
2. Public Health hct - Re~,ulations respecting Plul;ibing and Sewers
4• (1) No j~erson shall construct, repair, renew, or alter, plumbing
except in conformity with these regulations.
(2) ~Nhere plumbir~ has been constructed, repaired, renewed, or
altered, the plumbing so constructed, repaired, renewed, or altered,
shall not be put into use until. it has been inspected and found to
conform to these regulations.
(3) Subregulati on 2 shall not aptly to
(a) repair, or rep lacement, of a valve, faucet, or fixture, or
(b) work in
(i) repairing a leak, or
(ii) forcir~ out a stoppugo
(L,.) An inspector shall make the inspection within 7 days after being
notified in writix~ that the co nstruction, repair, renewal, or
alteration, is ready for inspection.
3. T~unicipal Act
3gg (1) By-laws may be ~.assed by the councils of local municipalities;
g3a• For charging a fee for the inspection of plumbing, sewers, septic
tanks, cesspools, water closets, earth closets, privies and imivy
vaults where, under this or any other Act, approval or a certificate
of compliance or such inspection is recYuired.
4• Public Health Act
20. (1) The treasurer of the manic ipality shall forthwith upon demand
pay the amount of any account f'or services performed under the direction
of the board ar~d materials and s applies furnished, or for any expenditure
incurred by the board or by the medical officer of health or sanitary
inspe ctor in carrying out the provisions of this Act or the regulations,
after the board has by resolution approved of the account and a copy
of the resolution certif ied by the chairman and secretary has been
filed in the office of the treasurer.
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Northumberland-Durham P.e«lth Unit,
Cobourg, Ontario,
December 16, 1953
To Clerks and Reeves of the
Iuunieipalities of the United Counties:
Dear Sirs:
PLtTti;BING AND S>;~-'ERS ~,EGUZATIONS
Reference is made to letters dated I~~ay 30, 1953, and June 30, 1953,
regarding Plwnbing and Sewers Regulations which were sent to Clerks and
Reeves of the r~iunicipalities of the United Counties.
As you probably know, r~Ir. ?'J. D. Cameron was appointed Pliu~bing Inspector
for the Health Unit by the Board of Health, and he began his duties on
November 1, 1953•
If your municipal council has not already considered the draft by-law
which was enclosed with the letter dated June 30, 1953, I main ask that this
be brought before the members for their consideration. D:'r. Cameron would be
pleased to meet them and discuss it further if you would advise me as to the
most convenient time.
Reference is trade to the Health Unit schedule of fees which was also
enclosed Trith the letter of June 30, 1953• At the time this schedule was
adopted, a fee for the inspection of drains was inadvertently omitted.
Therefore, at their meeting on i~ecember 9th the Board of Health passed a
rwtion including a Pee of X1.50 for the inspection of drains.
Your co-operation in assisting the staff of the He::lth Unit to carry
out the provisions of these Provincial Regulations would be very much
appreciated.
~; ...~
Yours truly,
~;' Charlotte I~. Horner, B.A., I~~l.D., D.P.H.
Iyedical Officer of Health
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ONTARIO
DEPARTMENT OF PUBLIC WORKS
~Ir. H. E. ld~'lll son,
Clerk-Treasurer,
Township of Clarke,
Oroao, Ont.
Parliament Buildings,
Toronto 2, Ontario,
January 29, 1954.
Dear Sir: Re: The rrovincial Aid to Drainage Act, R,S.O. 1950,
Chapter 295 - Section 3.
Your attention is drawn to Section 3 of The Projri.ncial Aid to Drainage Act ~~~hich
rewires a P4unicipality to submit a petition for a drainage grant on drainage work to the
Lieutenant -Governor in Council before undertaking the work. This Section reads as
follows:
"The Council of a ~xunicipality initiating a drainage work, being or including
work to which this Act applies, may, before passim and by-law for undertaking
the work aonly to the Lieutenant-Governor in ~ou~ Heil by uetition, verified by a
statutory declaration of the Engineer, and settinn; forth the reasons why the whole
cost of the work should not be assessed upon the land which would be liable to
assessment therefor under the funicipal Drainage Act, and that aid should therefore
be granted, accompanied bar a verified copy of the report, a statement of the cash
value and the Engineer's assessment of the land, and a field plan and profile
of the proposed work," '
Some 2~Iunicipalities have not fully complied ~rrith this Section of the Act reouiring
the petition to be submitted before passing any by-law for undertaking the work, and
have assumed that it is permissible to submit their petition after passing of the by-
law or undertaking the work. --
'ro clarify this matter, amendments to The Provincial Aid to Drainage Act are being
proposed at the coming Session of the Legislature to require the petitions for aid
towards the cost of approved drainage works to be submitted to the P~Iinister of Public
Works within three months after the date of the passing of the by-law for undertaking
the work.
If there are any drainage projects for which the bar-latias for undertaking the work
have been passed and a petition has not been submitted and your ~~T_unicipality intends to
apply for a. grant towards their cost under the provisions of the Act; the petitions to
the Lieutenant -Governor in Council must be submitted to the P~Iinister of Public Works
on or before IRarch 31, 1954, to receive consideration for a grant,
could you please acknowledge by return, receipt of this letter.
Yours very truly,
~ ~~
W, L. Rice, P,Eng,,
h1LR :IS Civil Engineer,
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Northumberland-Durham Health Unit,
Cobourg, Ontario,
June 30, 1953
To Clerks and Reeves of the
Municipalities of the United Counties
PLUMBING AND SEGdERS REGULATIONS
Doax Sirs:
Reference is made to a letter dated May 30, 1953 regarding the
Plumbing and Sewers Regulations, which was sent to Clerks and Reeves of the
municipalities of the United Counties .
I am enclosing a copy of a by-law, which has been drafted by the
Solicitor for the Northumberland-Durham Health Unit, to provide Por the payment
of a fee for the inspection of plumbing and sewers. A motion which was passed
by the Board of Health of the Northumberland-Durham Health UxLi.t at a meeting on
Mr. R3anlre3~'lumbis as follows: "THAT the proposed. by-law as submitted by
to the manic palitiesaforsthernece saryiaetion.~pproved, and copies forwarded
This by-law is a suggested one, anal drafted for your convenience and
assistance, and may be altered by your Council as deemed necessary. Authority
for passing such a by-law is a recent enactment under The Municipal Act,
Section 388 (1), paragraph 83A.
It would be appreciated if you would present this by-law to your municipal
council at an early date, for their discussion and necessary action.
It may be pointed out that, as mentioned in the letter regarding the
Plumbing and Sewers Regulations which has been sent t o you the Board of Health
has authority under section 20 (1} of the Public Health Act, R.S.O. 1950,
Chapter 306, to collect the fees for such inspections from the municipality,
and that this by-law is intended to enable the muhicipality to recover these
expenses from the individuals who are receiving the inspections.
For your guidance, I am also enclosing the schedule of fees which was
adopted by motion of the Board of Health at a meeting held on June 17, 1953•
This will be the Health Unit charge for services, but the fee set by the
municipality may be for any amount your council wishes to impose.
The by-law and schedule of fees will be discussed with council members
by a member of the Health Unit staff in the near future.
tide would welcome any comments or suggestions.
Yours truly,
Enc. Charlotte M. Horner, B.A., Pa.D., D.P.H.,
Iviedi cal Officer of Health