WATER BY-LAWS
1.APPLICATION FOR WATERSERVICES
1.1This clause talks about the link between the council and a consumer. The latter needs to make an application before the nexus (link) could occur between the parties.
1.2For so long as a person(consumer) has not make an application and the Municipality had approved it will be illegal for a consumer to receive the supply.
The following are how the application should look like (a) - (h)
a)a statement by the applicant that he or she isaware of and understands the contents of the form;
b)acceptance by the applicant of the provisions of these By-laws and acceptance of liability for thecost of water services rendered until the agreement is terminated;
c)the name of the proposed consumer, and his or her identity or registration number,whereapplicable;
d)the address or stand number of the premises to or on which, water services are to be rendered,or a communal water connection operates;
e)the address to which accounts must be sent;
f)if water is to be supplied, the purpose forwhich the water is to be used;
g)the agreed date on which the provision of water services will commence; and
h)a copy of any applicable lease agreement or written confirmation from the owner or the owners registered estate agent, stating the date of occupation.
Conditions could still be attached
2.SPECIAL AGREEMENTS FOR WATER SERVICES
Special agreement may be entered into with a consumer e.g. where a consumers premises are outside the borders of the Council or if the conditions contained in this By-law does not cover those required by consumers.
3.PURPOSE OF WATER SERVICES
The water services is supplied for purposes specified in the agreement.
4.TARIFFS AND CHARGES
Prescribed tariffs and charges are set by council
Owner, occupier and consumer are both liable for payment of water services and charges.
5.DEPOSIT
Consumer on application for services pays deposit in line with credit control By-laws:
Upon termination council may claim any outstanding amount from deposit and pay consumer such remaining balance.
6.PAYMENT FOR WATER SERVICES
6.1Owner/spouse/occupier/ consumer is responsible for payment of water supplied at a charge agreed i.e on category of use.
6.2If a consumer uses water supply services for a purpose or category provided in the agreement, council make adjustments on rates and deposit previous made in line with new rates.
7.PAYMENT IN RESPECT OF PREPAYMENT METERS
If a consumer receive water through prepaid meter in addition to the one charged as per the initial agreement for water supply,
no refund will be made for water bought if the consumer has a prepaid meter taken (which is later introduced.)
When a consumer leaves premises installed with the prepaid meter.
If credit of prepaid meter is lost after a temper with meter / if there is incorrect use / abuse
8.ACCOUNTS
If meter is found defective council will (a) in case of conventional meter adjust the account and (b) in case of prepaid meter give an account if meter has been under - reading or issue a free token if an over-reading if found.
Monthly accounts will be served at domicililum address
Failure to render account is not an excuse for payment
Accounts are paid 14 days after date of the account (specified in the account)
Late payment fee is charged
9.QUERIES OR COMPLAINTS IN RESPECT OF ACCOUNT
A consumer has a room to query or launch a complaint on the account.
If query is launched a payment of at least an amount equal to the average amount that was payable in the last three months must account such query.
Council must register them and investigate the query and provide the consumer with its written findings. If arrears are found to be payable must be paid within 7 days of notification of consumer.
A consumer has a room to query or launch a complaint on the account.
If query is launched a payment of at least an amount equal to the average amount that was payable in the last three months must account such query.
Council must register them and investigate the query and provide the consumer with its written findings. If arrears are found to be payable must be paid within 7 days of notification of consumer.
10.ARREARS
If consumer fails to pay due and payable amounts, a final demand notice is served upon him.
Interest is levied on all arrears
Discontinuation notice will follow failure to comply the final demand notice.
This discontinuation notice could happen before or after discontinuation of services
Council may discontinue services under the following circumstance:
Full payment was not received within the period stated in the final demand notices referred to in subsections 11(1);
No agreement was entered into for the payment of arrears in installments;
No proof of registration as an indigent was furnished.
No payment was received in accordance with an agreement for payment of arrears;
No representations were made within the period provided for in the final demand notice and have not been wholly acceded to by the council.
If a consumer still fails to pay the amount may be listed with credit bureau and may be handed over for collection.
Action taken will never be suspended unless all costs related to defaults have been paid in full.
11.AGREEMENT FOR THE PAYMENT OF ARREARS IN INSTALLMENTS
Agreement for payment of arrears in installments is entered into in terms of the credit control and Debt collection By-law.
12.TERMINATION OF AGREEMENT
Termination by consumer should be in writing.
Council may also terminate in writing with a notice of not less than 5 days if:
(a)Consumer has not used water services during the last six months
and has not arranged for the continuation of the agreement.
(b)Consumer has failed to comply with these By-laws
(c)Consumer had arranged for water provision with another institution for water service provision
If consumer had vacated the premises council may terminate the agreement.
13.LIMITATION / DISCONTINUATION OF WATER SERVICES
Council may limit or discontinue services:
(a)at the request of consumer / owner
(b)if building which services are provided have been demolished
(c)if consumer had interfered with installation or service
(d)in cases of emergency,
(e)if there is material abuse of service,
(f)if consumer interferes with water installation belonging to council
(g)there is environmental damage or water pollution
If discontinuation has occurred reconnection fees and deposit must be paid first.
14.RESTORATION OF WATER SERVICES
If agreement for payment of arrears is entered into after the final demand notice or discontinuation notice, services will be restored to the type of services initially agreed for.
15.OBLIGATIONS
Council is obliged to realise the right to basic water supply and sanitation services.
If it could meet the requirements of all consumers it must give preference to provide basic water supply and basic sanitation services to all its consumers.
Council may interrupt the water supply if cases of emergency without prior notice.
16.PROHIBITION OF ACCESS TO WATER SERVICES OTHER THAN
THROUGHCOUNCIL
In areas where the Municipality supplies water a consumer is prohibited to access water services from another source.
For those who had that access before the Municipality could supply may continue so long as they shall have obtained approval.
17.RESALE OF WATER SUPPLIED BY COUNCIL
A consumer is not allowed to resell the water unless he/she has obtained a prior approval.
18.ENVIRONMENTAL IMPACT ASSESSMENT
If Environmental Impact Assessment is required before provision of water services is approved costs related to such expenses are carried by such applicant.
19.GENERAL RESPONSIBILITY FOR COMPLIANCE WITH THESE BY-
LAWS, AND OTHER LAWS
Owner and/or consumer is (are) liable for all matters relating to the services use and financial obligation attached thereto.
20.UNAUTHORISED USE OF WATER SERVICES
A person should enter into an agreement with for access to water services
21.INTERFERENCE WITH WATER SUPPLY SYSTEM OR ANYSANITATION SERVICES
No person may interfere with the water supply system or sewage disposal system belonging to council unless is authorized to do so in writing.
It is illegal to obstruct access to water supply system or sewage disposal system by an employee of council.
CHAPTER 2
22.WATER SUPPLY SERVICES
If owner of premises needs connection pipe, he/she must make application and pay fees for its installation.
Council may agree to extension of water supply system to the premises.
For connection pipe only council can install. For water installation connection to the connection pipe, consumer may connect.
23.LOCATION OF CONNECTION PIPE
1)A connection pipe provided and installed by the council must-
Be located in a position determined by the council and be of a suitable size as determined by the council; and
Terminate at the boundary between the land owned by or vested in the council, or over which either of them has a servitude or other right, and the owner’s premises.
24.PROVISION OF SINGLE WATER CONNECTION FOR
SUPPLY TO SEVERAL CONSUMERS ON SAME PREMISES
1)Only one connection pipe to the water supply system may be provided for
the supply of water to any premises, irrespective of the number of accommodation units, business units or consumers located on such
premises.
2)Exclusion to this principle are found is subsec (2), (3), (4), (5) and (6)
25.INTERCONNECTION BETWEEN PREMISES
The owner of premises is obliged to that there is no interconnection between his water installation and another’s.
26.DISCONNECTION OF WATERINSTALLATION FROM CONNECTION
PIPE
The council may disconnect a water installation from the connection pipe and remove the connection pipe if:
The agreement for supply has been terminated in terms of section 13 and it has not received an application for a subsequent supply of water to the premises served by the pipe within a period of 5 days of such termination; or
The building on the premises concerned has been or is in the process of being demolished.
27.WATER SUPPLIED FROM A HYDRANT
Council may authorise temporary supply of water to be taken from fire hydrants.
Council may for purposes of supplying water from a hydrant provide a portable water to be returned to the council on termination of the temporary supply.
28.QUATITY, QUALITY AND PRESSURE
Water supply services provided by council must comply with standard set for provision of services.
29.MEASURING OF QUALITY OF WATER SUPPLIES
Council must measure quantity of water supplied at intervals of not more than 90 days.
Measuring devices and associated apparatus are provided and installed by council and remains its property.
No person is allowed to:
(a)disconnect the device and its apparatus from the pipe
(b)break a seal placed on any meter or
(c)interfere with it.
30.QUANTITY OF WATER SUPPLIED TO CONSUMER
Quantity of water supplied to consumer is measured as follows:
a)the quantity is represented by the difference between
measurements taken at the beginning and end of such period;
b)the measuring device was accurate during such period; and
c)the entries in the records of the council were correctly made.
Quantity is estimated in case of water has been supplied without passing through a measuring device.
Action taken will never be suspended unless all costs related to defaults have been paid in full.
31.PREPAYMENT METERING
Prepayment metering systems shall comply with the requirements of SABS code 1529 Part 9-2002.
32.DEFECTIVE MEASUREMENT
If a consumer has reason to believe that a measuring device is defective may apply for it to be tested.
The application should be accompanied by a deposit.
If outcome of test shows that it is,
(a)within range of accuracy, consumer becomes liable for costs and
amounts outstanding
(b)Outside a range of accuracy, council becomes liable for costs and
consumer must be informed of the amount of any credit he/she is entitled to.
Council retains deposit if device is found not defective
Consumer should be refunded if device is found defective
If device is found defective council should repair it or install another one without charging the consumer and therefore determine the quantity for charging the consumer.
33.SPECIAL METERING
Council may install by written notification to the owner of premises, a measuring device in the water installation for purposes of ascertaining the quantity of water used.
A consumer cannot expect a reduction of the amount payable in respect of water supplied.
If device is found defective council may estimate the quantity of water supplied to consumer during period in which such device was defective on the basis of the average daily quantity of water supplied to him or her.
34.INSTALLATION OF WORK
Approval to be obtained for installation work to be done.
An owner must obtain written approval before an installation work could be done.
Qualified plumber who replaces a fixed water heater or its associated protective device are excluded.
35.PERSONS PERMITTED TO DO INSTALLATION AND OTHER WORK
Only qualified plumber or person working under the control of a qualified plumber may do installations and other related work.
36.REGISTRATION OF QUALIFIED PLUMBERS
Application for registration as a qualified plumber shall be made on a prescribed form and be accompanied by the prescribed charge.
37.REGISTRATION CERTIFICATES
Registered qualified plumbers shall be issued by council with registration certificate.
38.REPLACEMENT OF CERTIFICATE
If certificate is lost an application on a prescribed form for replacement should be made.
Council shall maintain a register of registered plumbers.
Council has power cancel registration of a registered qualified plumber e.g if false information on application had been supplied
Registered qualified plumber shall ensure installation work to comply with these By-laws.
Owner must prevent the entry of a substance which may be a danger to health or affect the portability of water.
Owner must prevent backflow
Owner of premises may be called to leas work done by non-registered qualified plumbers and be required to employ a registered qualified plumber to standardise the work done and submit certificate to council
Owner must maintain water installation at his/her own cost.
All water installations must comply with SABS code 0252 Part 1 and all fixed electrical storage water heaters must comply with SABS code 0254.
No one is allowed to install or use a pipe or water fitting in a water installation within the council’s jurisdiction, without the prior written permission of the council.
If unlawful water installation work has been done, the owner must on notification make such necessary alterations.
Terminal water fitting and appliances must be label or have information like the range of pressure in KPa etc.
Owner must prevent the entry of a substance which may be a danger to health or affect the portability of water.
Owner must prevent backflow of water from the water installation to the water supply system.
Backflow preventor must be designed and installed in accordance with the requirements of SABS code 0252 Part 1.
Owner of premises must at his own expense cause backflow preventer to be inspected and serviced as well as replaced
He/she shall maintain record of the inspections and services.
Owner of any premises must prevent the backsiphon age to his or her water installation of a substance likely to cause a danger to health or affect the portability of water.
Council may restrict or prohibit the use of water under its control or management if there is a scarcity of water available for distribution and supply to consumers.
When council does so shall issue out notice in the local newspapers.
39.No consumer may permit:
a)the purposeless or wasteful discharge of water from terminal water fittings;
b)pipes or water fittings forming part of a water installation to leak;
c) the use of maladjusted or defective water fittings in a water
installation;
d)an overflow of water from a water installation to persist; or
e)a wasteful use of water to persist.
Owner must repair or replace any part of his or her water installation which is causing or is likely to cause water wastage.
A consumer may be prohibited from using any equipment in water installation if its use is of water wasteful.
40.SAMPLING OF WATER
Council may sample water of another source to ensure compliance with its requirements.
Council on application by owner determines and furnish owner with the value of pressure in the water supply system.
If a person were to lay or construct a pipe, council would need to grant permission in writing first.
Unless there is council’s prior permission no one may use or permit use of water from another source.
Water for fire services should comply with the provisions of SABS code 0252-1: 1994.
Consumer and owner are liable to pay fees in respect of any fire extinguishing installation.
Talks about requirements a new building erected after adoption of this By-laws has to comply with.
Single connection to the water supply system with meter to serve a connection pipe for a fire installation may be provided by council.
Separate connection pipe must be laid and used for every fire sprinkler extinguishing system.
Every connection pipe must be fitted with a proper gate valve
No water may be supplied to any fire extinguishing installation until:
a)it has been inspected and tested bythe council;
b)the council has certified in writing that such water installation
is complete and complies with the requirements of these By-
laws; and
c)the fees determined by the councilfor such inspection and
testing hasbeen paid.
Council may grant or refuse an application for the connection of a fire extinguishing installation to its main.
Council may install water meter in fire extinguishing installation and may charge costs for use if used for other purposes.
41.SPRINKLER EXTINGUISHING INSTALLATION
A sprinkler installation may be installed in direct communication with the main, but the council is not bound to guarantee any specified pressure at anytime.
Consumer is required to install a header tank on or in the building or structure at such elevation to compensate for any failure or reduction of pressure in the council’s main.
A private hydrant and hose-reel must be sealed by the council and such seal may not be broken by any person other than the council in the course of servicing and testing unless the hydrant is opened in case of fire.
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42.SANITATION SERVICES
Objectionable discharge to sewage disposal system.
There is a prohibition for discharge, or entry into any server of any sewage industrial effluent or other liquid or substance.