Residential Protective Plumbing (By-law No. 2016-376)

A by-law of the City of Ottawa for the granting of rebates for the installation of protective plumbing to reduce the risk of basement or cellar flooding from City sewer backup for residential units and to repeal by-law 2005-209.

The Council of the City of Ottawa enacts as follows:

Section 1 - Definitions

In this by-law:

“catchment area” means the extent of the area served by a sewer system;

“Chief Building Official” means the Chief Building Official of the City or an authorized representative;

“City” means the City of Ottawa;

“City Solicitor” means the City Solicitor or an authorized representative;

“combined sewer system” means a City sewer system that collects and conveys municipal sewage (sanitary sewage), intercepted surface storm water runoff, and foundation drainage, all within a single wastewater collection pipe;

“General Manager” means the General Manager of the Department of Public Works and Environmental Services or an authorized representative.

“eligible property” means a property meeting all of the conditions described in section 2 of this by-law;

“foundation drain” means a pipe or series of pipes that collect groundwater around the foundation or footing of a structure for protection against hydrostatic pressures and for discharge to an approved point of discharge;

“foundation drainage” means groundwater from the periphery of building footings and surface runoff, both of which are collected and conveyed by foundation drains away from the building to the City’s drainage and sewer networks;

“partially separated sewer” means a separated sewer system in which household foundation drains contribute a direct source of stormwater and groundwater inflow to the sanitary sewer;

"private sewer connection" means that part of any drain or system of drains, including drains or subsurface drainage pipe for surface or subsurface drainage of the land in or adjacent to a building, lying within the limits of the private lands and leading to a municipal sewer connection;

“protective plumbing” means retrofitting existing plumbing with approved backwater valves, check valves, shut-off valves, relief sumps, sump pump or such similar devices that assist in the protection from City sewer backup;

“residential units” means one or more connected units constituting an independent housekeeping unit for residential occupancy only and not jointly used for commercial, industrial or institutional purposes;

“sanitary sewer” means a sewer intended to carry only sanitary and industrial wastewaters from residences, commercial buildings, industries, and institutions, in which storm, surface, and groundwater are not intentionally admitted;

“separated sewer system” means a City sewer system in which municipal sewage is collected and conveyed through a sanitary sewer pipe network, and surface storm water runoff and foundation drainage is collected and conveyed through a separate storm runoff drainage system;

“storm sewer” means a sewer intended to carry only stormwater, surface runoff from streets and adjacent property, and flow from foundation drains and ditches;

“work” means the installation of the protective plumbing and any repairs thereto.

Section 2 - Eligibility

1. The provisions of this bylaw apply only to eligible applicant(s) and properties that meet all of the following conditions:
   1. The applicant’s property must be:
      1. a residential unit within the City of Ottawa;
      2. served by City sewers;
      3. built prior to January 1, 2004 for protective plumbing work related to the private storm sewer services; or
      4. built prior to January 1, 2012 for protective plumbing work related to private sanitary sewer services.
   2. the work for which the applicant submits a rebate application must not have been performed by the City of Ottawa; and
   3. the work for which the applicant submits a rebate application must not be for the purpose of maintaining, repairing or replacing existing protective plumbing devices.

Sections 3 and 4 - Initial Application

Section 3

1. To commence the rebate process, the owner of an eligible property as described in Section 2 must apply to and receive approval from the City prior to the start date of any work, including but not limited to any demolition or construction work associated with the installation of the protective plumbing devices, by filing with the General Manager the following documentation:
   1. a completed, legible, signed application in the prescribed form;
   2. a copy of the registered deed or transfer of land or tax bill confirming the applicant(s) as the registered owner(s) of the property;
   3. confirmation that there are no outstanding taxes with respect to the property for which the application is being made;
   4. an original quotation for the proposed work prepared by a licensed plumber, dated within 3 months of the date of the completed application form;
   5. a detailed diagram of existing plumbing and proposed work in the prescribed form prepared by a licensed plumber;
   6. an itemized list of the scope of the proposed work in the prescribed form prepared by a licensed plumber;
   7. a closed-circuit television (CCTV) inspection video and report in the prescribe form prepared by a licensed plumber; and
   8. the completed acknowledgements referred to in Section 4 below.

Section 4

1. The applicant(s) shall, in the prescribed form:
   1. acknowledge that the installation of protective plumbing is not an admission by the City of City liability;
   2. acknowledge that based on the City’s review of the work, revised quote, revised detailed diagram, and additional work may be required to comply with the Ontario Building Code Act, as amended, and applicable City of Ottawa by-laws and Sewer Design Guideline, in addition to any special requirements described in Section 6 below;
   3. acknowledge that the applicant is solely responsible for any and all costs associated with the work;
   4. acknowledge that the City will only rebate up to a maximum of each of the individual rebates as set out in Schedule B;
   5. acknowledge that should the cost of the work be less than the amount of the maximum available rebate, the City shall rebate the lesser of the two (2) amounts;
   6. acknowledge that prior application(s) specific to the property, including those by previous owners, may limit rebates;
   7. acknowledge that the proposed work must be completed within 12 months of the date on which the City approves the application, failing which the City shall close the application; and
   8. agree that the City will not be held responsible for the failure of the protective plumbing for any reason whatsoever, including but not limited to:
      1. inadequate or improper maintenance by or arranged by the property owner;
      2. any modifications by or arranged by current or future property owners;
      3. non-disclosure of maintenance requirements to future property owners; or
      4. power interruptions.

Section 5 - Review and Approval

1. The General Manager and, where required, the Chief Building Official, will review the rebate application, and the General Manager is authorized to approve a rebate application subject to the provisions of this by-law and the following criteria:
   1. the property is an eligible property in accordance with Section 2 above;
   2. the application satisfies the requirements set out in Section 3 above;
   3. the applicant satisfies the acknowledgement requirements set out in Section 4 above;
   4. the applicant agrees in writing to install the protective plumbing in a manner and within the scope of work described in Section 3 and in accordance with the Ontario Building Code Act, as amended, and any applicable City of Ottawa by-laws and Sewer Design Guideline requirements, which a qualified contractor has determined by way of CCTV inspection and site investigation, and the City or its representative has confirmed by way of CCTV video and report review, and site visit;
   5. if applicable, the applicant provides a revised quote and revised detailed diagram should the work be revised based on the City’s review; and
   6. the applicant agrees in writing to obtain the required permits.

Section 6 - Special Requirements

1. The scope of work referred to in Sections 3 includes any special requirements that the General Manager deems necessary, and without limiting the generality of the foregoing, may include:
   1. the provision of clean-outs;
   2. the disconnection of footing or tile drainage from the partially separated sewer system or combined sewer system;
   3. the installation of check valves;
   4. removal of driveway catch basin connections from the partially separated sewer or combined sewer system;
   5. removal of downspout discharge influence on foundation drainage; and
   6. removal of other private property surface or groundwater drainage from the partially separated sewer system or combined sewer system.

Sections 7 and 8 - Payment and Amount of Rebate

Section 7

Approved rebates shall be granted in the amount as set out in Schedule B.

Section 8

1. The General Manager shall pay the approved rebates in one payment and only after the applicant has:
   1. submitted complete, legible, signed applications in the prescribed form;
   2. submitted invoices for the completed work indicating payment in full;
   3. submitted copies of any and all permits; and
   4. submitted copies of any and all inspections and testing reports prepared in association with the work.

Sections 9 and 10 - Priority

Section 9

Rebate allocations shall be considered by the City on a first come first served basis to a limit not to exceed the annual budget allocation for any given calendar year.

Section 10

An applicant who does not receive a rebate in any year because of insufficient funds in the current program will be notified and advised by the General Manager to resubmit the application in the following year.

Sections 11 and 12 - Limitations

Section 11

1. No rebate shall be approved in the event that:
   1. the applicant or the property do not meet the eligibility criteria set out in Section 2;
   2. the applicant does not receive approval prior to commencement of the work;
   3. the applicant does not obtain the requisite building permit(s) in advance of the work being undertaken;
   4. the property does not have the foundation drainage or building sewers installed in accordance with applicable City by-laws and Sewer Design Guidelines;
   5. the property directs non-permitted drainage as defined in the City’s Sewer Use and Sewer Connection by-laws, as amended, to the sanitary, partially separated or combined sewer systems;
   6. the proposed work contravene the Ontario Building Code Act, City by-laws or Sewer Design Guidelines that were in effect at the time of the building construction;
   7. the work is for the purpose of maintaining, repairing or replacing existing protective plumbing device(s); or
   8. the applicant has applied for and has been approved for a grant or rebate for the work through other municipal or provincial programs.

Section 12

Nothing in this by-law shall affect the City’s ability to install protective plumbing device(s) or undertake protective plumbing work on private property through other programs or projects.

Section 13 - Non-Compliance

In the event of non-compliance by the applicant with the provisions of this by-law, the City may withdraw its approval of the rebate.

Section 14 - Status of Pending Applications

If a complete application is received prior to the coming into force of this by-law, the application will be reviewed pursuant to the provisions of By-law 2005-209.

Section 15 - Repeal

By-law 2005-209 entitled “A by-law of the City of Ottawa for the making of grants for the installation of protective plumbing to reduce the risk of basement or cellar flooding from City sewer backup for residential units” is repealed.

Section 16 - In Force Dates

The provision of this by-law will take effect on November 23, 2016.

Section 17 - Short Title

This by-law may be referred to as the “Residential Protective Plumbing Program for Sewer Backup Protection By-law”.

ENACTED AND PASSED this 23 day of November, 2016.

Schedule A - Rebate Schedule

The City will grant rebate up to a maximum of each of the individual rebates available in accordance with the following schedule: