Public Utilities Corporation (Water Supply) Regulations (Cap. 196)

PUBLIC UTILITIES CORPORATION (WATER SUPPLY) REGULATIONS [20th June, 1988] ARRANGEMENT OF REGULATIONS Regulations Part I - Preliminary 1. Citation 2. Application to existing agreement etc. 3. Interpretation 4. Notice and other documents 5. Existing Supplies Part II - Conditions of Supply 6. Application for supply 7. Special agreement 8. Purpose of supply 9. Deposits 10. Termination of agreement 11. Disconnection on termination of agreement 12. Prescribed charges 13. Resale by consumer 14. Restriction during droughts etc. 15. Pressure 16. Unauthorised taking of water 17. Waste or contamination 18. Disconnection Part III - Provision Relating to the Application For a Supply of Water and use of storage cistern 19. Application for a connection 20. Installation of connection 21. Position of supply pipe 22. Laying of supply pipe in places where pollution may result 23. Position and points of discharge 24. Written notice of work to be carried out 25. Use of storage cistern and maximum capacity etc. 26. Storage cistern to be suitably placed, covered etc. 27. Storage cistern to be fitted with valves 28. Hot water apparatus 29. Water closets biders etc. to be fitted with flushing cistern Part IV - Communication pipe and meter 30. Installation of communication pipe and connection to supply pipe 31. Communication pipe 32. Interference with communication line 33. Communication pipe supplying more than one premises 34. Meter 35. Volume of water registered by a meter 36. Accounts 37. Consumer dissatisfied with account 38. Failure of meter to register 39. Restriction of flow in a metered supply pipe Part V - Provisions relating to the protection of the corporation water supply system 40. Liability by consumer 41. Failure of owner to repair, remove or alter pipes to prevent waste or contamination etc. 42. Entry and inspection by Manager etc. 43. Interference 44. Details of water works 45. Obstruction of water main etc. 46. Pollution of supply 47. Use of pumping apparatus 48. Pipes across a street or land controlled etc by the Corporation 49. Failure to comply with regulations Part VI - Offences and Revocations 50. Offences Schedule 1 - Schedule of Meter Calibration PART I - PRELIMINARY 1. These Regulations may be cited as the Public Utilities Corporation (Water Supply) Regulations. 2. (1) These Regulations apply, subject to regulation 4, to (a) an existing agreement or arrangement for a supply of water entered into between (i) any person and the Corporation (ii) any person and a public body, other than the Corporation; (b) an existing supply of water; and (c) an existing pipe or fitting on any premises installed or used in connection with a supply of water, as they apply to an agreement constituted or entered into, a supply of water provided and a pipe or fitting installed or used under these Regulations. (2) In this regulation "existing agreement or arrangement", "existing supply of water", or "existing pipe or fitting" means agreement or arrangement in force, supply of water or pipe or fitting existing, on the date immediately before the coming into operation of these Regulations. 3. In these Regulations, unless the context otherwise requires "authorised employee" means an employee authorised by the Corporation and includes the manager; "code of practice on Water Supply" means the Code of Practice No. CP310; "communication pipe" means (a) where the supply of water is measured by a meter and (i) the premises supplied with water abuts the street in which the main is laid, that part of pipe, owned and controlled by the Corporation leading from the main to the boundary of the street abutting the premises; or (ii) the premises supplied with water does not abut the street in which the main is laid, that part of the pipe, owned and controlled by the Corporation leading from the main to the boundary of the street abutting the land on which the consumer has as easement or permission to lay the supply pipe conveying water to the premises owned or occupied by the consumer, and includes any fitting on the communication pipe; "consumer" means the occupier of any premises which the Corporation has agreed to supply with water or any other person who has entered into an agreement with the Corporation for the supply of water or who has lawfully obtained water from the Corporation; "Corporations" means the Public Utilities Corporation established under the Act. "fitting" means anything fitted or fixed on any pipe used in connection with the supply, measurement, control, distribution, utilization or disposal of water; "main" means a pipe under the exclusive control of the Corporation for the general conveyance of water, as distinct from a communication pipe, and includes any apparatus used in connection with such a pipe; "Manager" means the Water Manager of the Corporation; "owner" means (a) the person for the time being receiving the rent of the premises, whether on his own account or as agent or trustee for any other person, or who would so receive the rent if those premises were let; or (b) the person ultimately receiving the rent where an intermediate lessor passes on the full amount of rent received but where the intermediate lessor receives more rent than he pays then the intermediate lessor is deemed to be the owner; "premises" means any building or part of a building, room, tenement, or any garden, playing field or any vacant land and includes any structures, whether of a permanent character or not and whether immovable or not and further includes a caravan or any floating structure; "service pipe" means so much of any pipe for conveying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some stop valve; "stop valve" means any device, including, a stopcock and stop-tap, other than a draw-off tap or float valve for stopping the flow of water; "supply pipe" means that part of any service pipe which is not a communication pipe; "trade premises" means any premises used, in whole or in part, or intended to be used, in whole or in part, for the operation of any trade, business, or commercial transaction or industrial process, whether such operation is authorised or not, but does not include a department or division of a Government Ministry or a non-profit making organisation; "terminal fitting" means any device that will stop the flow of water at the end of a supply pipe; "treated water" means water which has, by sterilization, been rendered safe for human consumption; "untreated water" means water other than treated water. 4. Every notice, order or other document required under these Regulations to be served on any person shall be signed by the documents manager or an authorized employee and sent by post to the person and service of the notice, order or document shall be deemed to have been effected on that person, unless the contrary is proved, at the time at which the notice, order or document could be delivered in the ordinary course of post. 5. A consumer shall not under these Regulations be required to alter or renew any pipe or fitting lawfully existing and in lawful use on a premises immediately before the date of the coming into operation of these Regulations unless and until such fitting is defective or in such condition or position as to cause or is likely to cause contamination or risk of contamination, waste, undue consumption or erroneous measurement of the water supplied by the Corporation. PART II - CONDITIONS OF SUPPLY 6. (1) An application for a supply of water shall be made to thesupply manager on the form provided by the Corporation by the owner or occupier of a premises and shall be signed by the applicant. (2) The Corporation may accept or reject an application and, whatever the case, the manager shall inform the applicant in writing of such acceptance or rejection. (3) An applicant shall be deemed to have accepted the terms and conditions set out in the application for a supply of water by the Corporation and the acceptance of an application by the Corporation shall constitute an agreement between the applicant and the Corporation. 7. (1) The Corporation may enter into a special written agreement with any person, in any case where, by reason of the purpose for which the supply of water is desired, the nature or situation of the premises, the quantity of water to be supplied, the availability of supply or for any other reason, the manager is of the opinion that it is desirable to attach a special condition to the supply of water or to stipulate a special charge. (2) Notwithstanding anything to the contrary contained in these regulations, the Corporation may make the following provisions in any special agreement entered into in terms of sub-regulation (1) (a) where a consumer is given a supply of water by means of more than one communication pipe, the Corporation may stipulate the manner in which and the time during which the supply of water from any such communication pipe may be used by the consumer; (b) the Corporation may stipulate the maximum quantity of water to be supplied to any consumer during any specified period and may fix the hours or periods during which any consumer shall be entitled to a supply; (c) the Corporation may, with the prior approval of the Minister, stipulate charges at which the supply of water is to be given to any consumer. (3) A connection installed at the discretion of the Corporation before an agreement in terms of this regulation is entered into may be removed at any time without prior notice. 8. The water supplied by the Corporation shall be used solely forthe purpose specified in the agreement to which these Regulations apply. 9. (1) Subject to sub-regulation (2), a consumer shall on being required to do so, pay to the Corporation the deposit prescribed in respect of a supply of water. (2) The manager may, at any time where the average monthly amount charged to a consumer during the previous six month in respect of water consumption exceeds the amount the consumer paid in deposit under sub-regulation (1), by written notice, require the consumer to increase the deposit by any amount specified in the notice. (3) If the consumer fails to pay the deposit under sub-regulation (1) or any additional amount as deposit under sub-regulation (2) within 14 days after he is required to pay it, the Corporation may refuse to install or may disconnect a connection for the supply of water, as the case may be. (4) The Corporation shall refund a deposit paid under this regulation to the consumer where the Corporation refuses an application or where the Corporation or a consumer terminates an agreement for a supply of water under regulation 10, but if any money is owed to the Corporation under these Regulations the Corporation may apply the deposit or any part of it to reduce or pay off the amount owed. 10. An agreement for a supply of water may be terminated by (a) the Corporation in any of the circumstances stated in regulation 17; (b) a consumer, at any time, by giving not less than 7 days written notice of termination to the consumer or the Corporation, as the case may be. 11. Where any agreement has been terminated under regulation 10 the corporation may disconnect the water supply to the premises to which the agreement relates. 12. Subject to the terms of a special agreement under regulation 7 a consumer shall pay to the Cooperation the charges set out by the Minister from time to time in respect of water supplied by the Corporation and in respect of all matters for which a charge is prescribed. 13. No person shall sell any water supplied from a main, except with the consent of the manager. 14. The Corporation may, on giving notice on the radio, in the press, or otherwise, at any time, restrict the supply of water in the droughts etc. whole or any part of the mains for such period as it may determine, and it may in like manner prohibit the use of water for any purpose specified in the notice or for any purpose or in any manner other than that specified in such notice, as the case may be. 15. Notwithstanding the terms of any agreement, the Corporation is not in any way liable for any fluctuation of pressure or a low pressure in the mains. 16. No person shall take water from, or make or cause to be made of any connection on a main or service pipe or any tank filled with water from a main except with the consent of the manager. 17. (1) No person shall (a) cause or allow any fitting to be connected to a service pipe so as to cause or that is likely to cause (i) contamination to water in a main; or (ii) waste by misuse of water supplied from a main; or (b) cause or allow any fitting to be or become in such a state of disrepair or in such other state so as to cause or that is likely to cause (i) contamination to water in a main; or (ii) waste by leakage of water supplied from a main. (2) Where there is or there likely to be caused (a) from a premises any contamination to water in a main; or (b) on a premises any waste of water supplied from a main, the consumer occupying the premises shall take immediate steps to prevent the contamination or waste. (3) Without prejudice to any other action under these Regulations that may be taken against an occupier of a premises on which there has been a waste of water contrary to this regulation, the Corporation may recover from the consumer the charges in respect of the consumption of water registered on the meter or estimated by the manager, if the meter is defective or there is no meter. 18. (1) Without paying compensation and without prejudice to any other right of action under these Regulations, the manager may, subject to sub-regulation (2), in his absolute discretion disconnect or restrict the water supply to a consumer (a) where the consumer (i) fails to pay any charges under a special agreement under regulation 7 or charges prescribed under the Act; (ii) contravenes any of these Regulations relating to contamination or waste of water; or (iii) uses a supply of water for a purpose other than that specified in an agreement; (b) where as a result of any defect in any pipe or fitting the water supply to any other consumer is being or is likely to be affected or contaminated or damage is being or is likely to be caused to property or person; or (c) where it is provided for under any of these Regulations. (2) The Corporation shall give at least 7 days written notice to the consumer before disconnecting a supply of water under sub-regulation (1), but where the Corporation is of the opinion that the water supply must be disconnected immediately in order to prevent or minimise any contamination, waste or damage the Corporation may disconnect the supply without first giving any written notice, or if it so desires, after giving shorter notice, to the consumer. (3) The consumer shall pay to the Corporation the charges prescribed and all reasonable expenses incurred in disconnecting the water supply under this regulation. (4) Where the Corporation, after disconnecting a supply of water under this regulation, reconnects the supply, the consumer shall pay to the Corporation the expenses incurred in respect of the reconnection unless it can be established that the Corporation has acted improperly in disconnecting the supply. PART III - PROVISION RELATING TO THE APPLICATION FOR A SUPPLY OF WATER AND USE OF STORAGE CISTERN 19. An application for a connection on a main shall be made in accordance with regulation 6(1). 20. The Corporation may refuse to install a connection for a supply of water unless the manager is satisfied that (a) there is an agreement in terms of regulation 6 or regulation 7 for the supply; (b) the provisions of this Part relating to the materials to be used for, and the construction, laying and installation of, pipe or fitting have been complied with; (c) where the premises to be supplied with water does not abut the street in which the main is laid, the consumer has acquired an easement or obtained permission for the laying of the supply pipe across any intermediate land from the owner of that land; and (d) any charges prescribed which have to be paid before a connection is installed have been paid. 21. (1) A consumer shall lay the supply pipe which is to be connected to a communication pipe not less than 300mm and not more than 750mm beneath the ground or on some permanent structure approved by the manager, or in a building, within the boundaries of the land occupied by the consumer, or on land over which the consumer has an easement or permission to lay the supply pipe. (2) The supply pipe shall not be connected to any other source of water supply. (3) A consumer shall install a stop valve on the supply pipe not more than 150mm away from the point where the supply pipe enter the building or in the case of a stand pipe supply at a convenient distance near the point of usage. (4) Subject to regulation 22, no person (a) shall cause or permit any pipe to be covered, buried or otherwise hidden from view in the course of the installation or alteration of a supply pipe; or (b) shall connect any pipe or fitting or permit any pipe or fitting to be connected to a main, until the manager or an authorised employee has inspected the pipe or fitting. 22. (1) A supply pipe shall not be laid or installed in, through or pipe into any sewer, drain, manure hole or other place where, in the event the pipe or any fitting becoming defective, the water conveyed through the supply pipe may be polluted or may escape without being detected; but where it is impracticable to lay or install any may result supply pipe otherwise than in the manner aforesaid, the part of the supply pipe so laid or installed shall be carried through a duct of sufficient length and strength and of such construction and in such manner, as shall, in the opinion of the manager (a) afford proper protection to the supply pipe or fitting on the supply pipe within the duct; (b) ensure against any pollution or contamination of the water in the supply pipe; and (c) render any leakage or waste from the pipe or any fittings on the supply pipe readily detectable. (2) Subject to these Regulations and to the approval of the manager a supply pipe may be laid in the same excavation as a drain or sewer. 23. (1) The point of discharge of all terminal fittings on a supply shall not be less than 600mm above the ground, except where the discharge is through a float valve fitted in accordance with regulation 27. (2) No fitting shall be fixed in a position to discharge directly into any drain, pipe, tank, well, water course, swimming pool or other place, or in any manner so that the water may run continuously to waste without being noticed. (3) No terminal fittings shall be fixed in a position on a supply pipe such that the outlet of the terminal fittings is or may be submerged. 24. (1) A person wishing to carry out the laying, fixing, alteration or extension of any pipe or fitting conveying water from a main shall give the Corporation written details of the works to be carried out and, not less than 7 days before connecting any pipe or fitting which has been the subject of the works, notice thereof. (2) The manager or an authorised employee may require the modification of any work carried out under sub-regulation (1). (3) All pipe and fitting used in connection with a water supply shall be installed in such a manner that any leakage in the pipe or fitting is readily detected. (4) All pipe and fitting used in connection with a water supply and the installation of the pipe and fitting shall conform with the Code of Practice. 25. (1) Where the Corporation approves a supply to any premises a storage cistern shall be installed, and all terminal fittings, exceptfor one tap which shall be supplied directly from a main, shall be supplied with water from the cistern. (2) The storage capacity of a storage cistern supplied direct from a main shall not exceed the normal daily demand of the occupier of the premises on which the cistern is situated. (3) No person shall, for the purpose of storing water supplied by the Corporation, construct a storage cistern which would hold more than 5m3 of water if filled to the top edge unless the manager has given his approval for the construction of the cistern. (4) The manager may, before making a decision under sub-regula- tion (3), require a person to submit further information in respect of the cistern. (5) The manager may require any person who acts in contravention of sub-regulation (1) or sub regulation (2) to modify the storage cistern within such time as the manager may specify and where the person fails to modify the cistern within the time so specified, the manager may, disconnect the supply of water under regulation 18. 26. (1) Every storage cistern shall be (a) so placed that it is not in danger of being flooded; (b) adequately supported; (c) so placed and equipped that its interior can be easily inspected and cleansed; (d) suitably covered by a secure lid to protect the water inside the cistern against contamination; and (e) vented to the atmosphere through an overflow pipe or other properly protected vent. (2) No storage cistern shall be buried or sunk in the ground unless (a) there is sufficient space around and beneath it for the purposes of maintenance and detection of leakage; and (b) it is a close vessel with a water-tight access cover bolted or screwed in position, and its inlet and overflow pipe screened against ingress of animals, birds, insects or other source of contamination. 27. (1) The supply pipe supplying water to a storage cistern shall enter the cistern so that the water from the pipe flows directly intothe cistern and is not exposed to contamination outside the cistern. (2) There shall be fitted on the supply pipe referred to in sub-regulation (1) (a) at the end entering the storage cistern, a float valve or some other not less effective device designed to prevent overflow of water from the cistern; and (b) 300mm away from the float valve referred to in paragraph (a) and in such a position as to be readily accessible at all times, a stop valve. (3) The outlet or anti-syphone vent of the float valve referred to in this regulation shall be above the level of the overflow pipe of the storage cistern. (4) Sub-regulation (2) shall not apply to a pipe connecting one storage cistern to another. 28. Every hot water cylinder on a premises supplied with water bythe Corporation shall be constructed of copper or mild steel which has been protected against corrosion to the satisfaction of the manager, and the manager may require calculations to justify the design of non-domestic type of hot water cylinders and hot water storage units. 29. (1) Every water closet, bidet and urinal on a premises supplied with water by the Corporation shall be provided with a flushing fitted cistern or some not less effective device and the cistern or the flushing device shall be fitted with a flushing syphon of a type approved by the manager. (2) The invert levels of the warning pipe and the syphon pipe (or in the dome pattern at the top of the vertical discharge pipe) of a flushing cistern shall be arranged so as to be as near as possible to Schedule 2 the diagram in Schedule 2. PART IV - COMMUNICATION PIPE AND METER 30. Where the manager is satisfied the conditions laid down in regulation 20 have been complied with, the Corporation shall (a) provide and lay a communication pipe; (b) if water to the premises is to be measured by meter, install a meter under regulation 34 in the communication pipe; and (c) connect the communication pipe or the meter, as the case may be, to the supply pipe which is to convey water to the premises occupied by the owner or occupier who has applied under regulation 19. 31. (1) The position of the communication pipe which is to be connected to a supply pipe conveying water to a premises shall be determined by the manager. (2) A communication pipe, whether laid before or after the coming into operation of these Regulations, is the property of the Corporation and shall be under the exclusive control of the Corporation (3) Subject to sub-regulation (4) and to any other provision of these Regulations, the Corporation shall at its own expense maintain, repair or renew all communication pipes. (4) Any repair to that part of a communication pipe lying between the boundary of the street in which the main to which the communication pipe is connected lies and the meter installed on the communication pipe shall be carried out by the Corporation at the expense of the consumer. 32. (1) No person shall wilfully or negligently disconnect, break, damage, deface or tamper with any structure, apparatus or equipment which is part of a main or communication pipe. (2) Sub-regulation (1) shall not apply to the manager or on authorised employee who in the course of his duties does any of the acts specified in sub-regulation (1). 33. (1) Subject to Sub-regulation (2), where a communication pipe supplying supplies more than one premises (a) if the premises belong to one owner, the owner shall, for the purposes of these Regulations, be the consumer in respect of the water supply; and (b) in any other case, the owners or occupiers or both, as the case may be, of the premises shall nominate from among themselves a person who shall, for the purposes of these Regulations, be the consumer in respect of the water supply. (2) Where a person who has been nominated under sub-regulation (1) (b) ceases to be an owner or occupier of premises to which the sub-regulation relates the owner or occupiers or both, as the case may be, of these premises shall within 7 days after the person ceases to be an owner or occupier nominate another owner or occupier to replace that person and if the owners or occupiers or both, as the case may be, fail to nominate another person within the prescribed time the Corporation may terminate the agreement under regulation 10 and disconnect the water supply under regulation 11. (3) A consumer in terms of sub-regulation (1) who, in pursuance of these Regulations, pays any charges for or on behalf of any other person may recover the amount paid from that other person as a debt, together with the costs of recovery in any court of competent jurisdiction or may retain or deduct the amount out of any money in his hands payable to that other person. (4) Where a communication pipe supplies more than one premises, the owner or occupier of each of the premises shall install at the beginning of that part of the supply pipe serving exclusively his premises a stop valve to enable the supply of water to his premises to be shut off without effecting the supply of water to the other premises, The stop valve shall be so positioned that it is readily accessible at all times to the Corporation. 34. (1) The manager may, for the purpose of measuring the volume of water supplied to a consumer by the Corporation, install a meter of such size and type as he deems fit in each communication pipe laid either before or after the coming into operation of thses Regulations. (2) If required by the manager, the consumer shall provide a place satisfactory to the manager in which to position the meter. (3) A consumer shall ensure that all meters, including the access to chambers housing a meter, serving the premises occupied or owned by him are kept clean of deposits of soil, rubbish or vegetation, that the meters are not enclosed in any building or any other enclosure which is normally kept locked and that the meters are at all times readily accessible to the Corporation. (4) A consumer shall pay (a) the charges prescribed for the installation of a meter by the Corporation; and (b) a monthly service charge prescribed for the meter. (5) A meter, together with any fitting used in connection there- with whether installed before or after the coming in operation of these Regulations, is the property of the Corporation and shall be under the exclusive control of the Corporation but the consumer shall be responsible to the Corporation for the safekeeping of and prevention of damage to the meter installed in respect of the water supply to the premises owned or occupied by him. (6) The Corporation may at any time at its own expense disconnect, remove and replace a meter. (7) Subject to sub-regulation (8), the Corporation shall at its own expense, maintain, repair or, where necessary, replace a meter. (8) Where any repair or replacement of a meter or any fitting used in connection with the meter has become necessary as a result of the meter being wilfully, negligently or accidentally damaged by the consumer or any person acting under the consumer's authority, the consumer is liable for the cost of repairs, including the costs of removal and reinstallation or replacement of the meter, and the cost is payable by the consumer to the Corporation on demand. 35. Subject to regulation 37, the volume of water measured by a meter installed in terms of regulation 34 shall be deemed to be the volume of water actually supplied to and consumed and the consumer shall pay the charges prescribed in respect of the volume of water. 36. (1) The Corporation shall, at intervals of not exceeding three months render an account of the volume of water measured by the meter installed in the communication pipe supplying water to the consumer over the period stated in the account and the amount stated in the account is due and payable by the consumer to the Corporation within the time set out in the account. (2) An account for a supply of water not measured by a meter shall be rendered to a consumer every third calendar month and the amount stated in the account is due and payable by the consumer to the Corporation within the time set out in the account. 37. (1) If a consumer is dissatisfied with the meter reading as set out in any account he shall give written notice thereof to the Corporation within 14 days after the receipt of the account and the Corporation shall upon receipt of the notice check-read the meter and notify the consumer of the result of the check-reading. (2) If a consumer is dissatisfied with a check-reading carried out under sub-regulation (1) he may, within fourteen days after receiving the result of the check-reading and on paying the deposit prescribed, request the Corporation to carry out a test of the meter measuring the water supply to the premises owned or occupied by him and the Corporation shall carry out the test. (3) The Corporation shall test the meter during normal working hours and the consumer or his representative may attend the test. The result of the test is final and conclusive. (4) If after testing a meter the Corporation finds the meter (a) to be registering correctly, the Corporation shall retain the deposit made under sub-regulation (2); or (b) not be registering correctly, the Corporation shall (i) refund the deposit made under sub-regulation (2) to the consumer; (ii) subject to regulation 34, replace or repair the meter without charge to the consumer; and (iii) adjust the account of the consumer to take into consideration the degree of error found in the meter. (5) A meter is deemed to be registering correctly if any error it registers does not exceed the corresponding acceptable percentage of error set out in the column 4 of Schedule 1 for the type and size of meter set out in the corresponding entries in columns 1 and 2 of the Schedule. 38. (1) Where a meter has ceased to measure the volume of water to supplied, the Corporation shall repair or replace the meter and, the manager shall at his discretion estimate the volume of water consumed by the consumer from the date of the reading of the meter immediately prior to the discovery of its failure to register up to the time of its repair or replacement based on (a) the average monthly consumption of water registered by the meter during the three months prior to the meter ceasing to register; or (b) the consumption of water recorded by the meter for the corresponding period of the preceding year; or (c) the average monthly consumption registered by the meter over a period of the three months after the repair or replacement of the meter. (2) Notwithstanding sub-regulation (1), where a consumer proves to be the satisfaction of the manager that he has consumed lesser volume of water than that estimated by the manager under sub regulation (1), the manager shall accept that lesser volume as the volume of water consumed by the consumer. 39. No person shall in any way restrict the flow of water through a meter installed pursuant to regulation 34 in such a way as to the flow rate of water in the meter below the minimum accurate supply pipe reduce registration flow rate for the meter as provided by the manufacturer of the meter. PART V - PROVISION RELATING TO THE PROTECTION OF THE CORPORATION WATER SUPPLY SYSTEM 40. Any contravention of these Regulations committed on any premises shall be deemed to have been committed by the consumer until the contrary is proved. 41. (1) The Corporation may, by written notice, require any person to repair, renew, remove or alter any pipe or fitting so as to prevent the misuse, waste, contamination or undue consumption of water or so as to bring the pipe or fitting into conformity with these Regulations and the person shall comply with the notice within 7 days from the date of receipt of the notice. (2) Where a person fails to comply with a notice under sub-regulation (1),the corporation may (i) carry out or cause to be carried out by a qualified person or firm the repair, renewal, removal or alteration of the pipe or fitting mentioned in the notice and all expenses incurred in this connection shall be borne by the person who has failed to comply with a notice under sub-regulation (1); or (ii) disconnect the supply until the written notice under sub-regulation (1) has been complied with. 42. (1) An authorized employee may (a) in the case of an emergency, at any time; or (b) in any other case, after giving 24 hours prior notice to the occupier of the premises, enter upon any premises and make such inspection, examination or inquiry as he deems necessary for any purpose connected with the enforcement of these Regulations. (2) Subject to sub-regulation (3), expenses necessarily incurred by an authorized employee for the purpose of carrying out an inspection or examination under sub-regulation (1) shall be borne by the occupier of the premises. (3) Where an authorized employee carries out an inspection or examination under sub-regulation (1) for the sole purpose of establishing whether a contravention of these Regulations has been committed and no contravention is established, the Corporation shall bear the expenses referred to in sub-regulation (2) together with any other expenses incurred for the purpose of restoring the premises to its former condition, but the Corporation shall not be liable to pay any compensation in respect of any inspection, examination or inquiry carried out under this regulation other than the expenses referred to in this sub-regulation. 43. No person, other than an authorised employee, shall open, shut, remove or in anyway interfere with any main, lock, gate, fence or other plant or apparatus belonging to or controlled by the Corporation. 44. (1) Any person performing work on property belonging to or leased by the Corporation or on property over which the Corporation, possesses an easement shall, prior to commencing work, obtain details of the approximate position of all water work apparatus belonging to the Corporation which is situated on the property. (2) Any damage to a buried main not shown on a plan or marked by a box or mark that is visible on the surface by a person who was not or could not reasonably have been aware of the existence of the main shall be borne by the Corporation. 45. Any main or other apparatus belonging to, leased or controlled by, the Corporation and used in connection with the supply of water which was accessible before the commencement of any work by any person and becomes inaccessible during or on completion of the work, shall be made accessible by the person carrying out the work, but 24 hours after serving notice on the person or, in the case of emergency, without prior notice, the Corporation may make the main or apparatus accessible and the expenses incurred in this connection shall be borne by that person. 46. No person shall (a) bathe or wash in; or (b) without the permission of the Corporation wash or throw in any animal, objects or pollutant, or cause or permit any animal to enter, any stream, reservoir, aqueduct or any other place which contain water belonging wholly or partly to the Corporation or under the control or management of the Corporation as the case may be, and which is used by the Corporation, for or in connection with the supply of water. 47. No person shall, without the approval the manager, connect toany main, communication pipe or supply pipe conveying water from any pump or similar apparatus liable to cause shock or vibration to the water works system belonging to the Corporation. 48. No person shall, except with the written permission of theCorporation, lay, fix, alter, construct or cause to be laid, fixed, altered or constructed, any pipe, channel or other conduit on, in or under any street, public place or land owned by or under the control by the of the Corporation for the purpose of conveying water whether the water is derived from a source of supply belonging to or under the control or management of the Corporation or from any other source of supply. 49. Except where it is otherwise expressly provided under these Regulations no person (a) being a consumer who has or uses on any premises occupied by him (b) who provides, installs, connects or causes or permits to be connected upon any premises, any supply pipe or fitting shall install any supply pipe or fitting which does not comply with these Regulations. (2) This regulation does not apply to an existing pipe or fitting in terms or regulation 2. PART VI - OFFENCES AND REVOCATIONS 50. (1) Any person who contravenes any regulation is guilty of an offence and is liable on conviction to a fine of R10.000 or imprisonment for 2 years. (2) Without prejudice to sub-regulation (1), where a person suspected of contravening any provision of these Regulation is the owner or occupier of the premises in respect of which the contravention is made, the Corporation may disconnect the supply of water to the premises until such time as the provision contravened is complied with. (3) Where an owner or occupier who contravenes any provision of these Regulation fails to comply with the provision on being so requested by the Corporation, the Corporation may take steps to ensure compliance and recover reasonable expenses incurred by the Corporation in ensuring compliance from the owner of occupier. SCHEDULE 1 (regulation 37(5) SCHEDULE OF METER CALIBRATION Flow Rate Range Acceptable Accuracy Type Meter During Test against Test Meter or Remarks Size K1/hour calibrated Tank Fast(+) Slow (-) Semi positive 15 0.3 to 2.0 2% 5% PSM or KSM Type Semi positive 20 0.3 to 2.0 2% 5% Kent Meters Semi positive 25 0.3 to 3.5 2% 5% Semi positive 40 0.3 to 4.0 2% 5% 2000 Master Meters Semi positive 50 0.5 to 5.0 2% 5% Semi positive 80 0.5 to 13.0 2% 5% Semi positive 100 0.7 to 20.0 2% 5% Inferential 20 2.0 to 3.0 5% 5% ESJ Type Inferential 50 1.5 to 9.0 5% 5% 2000 or 300 Helix or Leeds and Kent IM Meters Inferential 80 5.0 to 29.0 5% 5% Inferential 100 5.0 to 46.0 5% 5% Inferential 150 9.0 to 105.0 5% 5% SCHEDULE 2 [Image not displayed in HTML]