Water Supply

B. Water Supply Bylaws

1.1 Definitions

For the purpose of these bylaws, unless the context otherwise indicates:

"approved" means approved by the authorised delegate;

"authorised delegate" means any person authorised by the Council to exercise any right or carry out any duty or function under these Bylaws;

"backflow" means the flow of water in any pipe in a direction opposite to the normal direction of flow;

"back siphonage" means the backflow of water resulting from negative pressures in a water installation or in the water supply system;

"borehole" means a hole sunk into the earth for the purpose of locating, abstracting or using subterranean water;

"capacity" of a storage tank means the volume of the tank between the operating water level of the water contained in such tank and the invert of the outlet from the tank;

"combined installation" means a water installation used for the fire fighting and domestic, commercial or industrial purposes;

"commercial purposes" in relation to the supply of water means water supplied to premises which are used for the carrying on of a business or trade;

"communication pipe" means a pipe which is vested in the Council and installed by it for the purpose of conveying water from a main to a water installation;

"Constitution" The Constitution of the Republic of South Africa (Act 200 of 1993);

"consumer" means a person who is obtaining a supply of water from the Council;

"Council" means the Durban Transitional Metropolitan Council;

"domestic purposes" in relation to the supply of water means water supplied for drinking, ablution and culinary purposes to premises used solely for residential purposes;

"fire installation" means a water installation which conveys water solely for the purpose of fire fighting;

"general installation" means a water installation which conveys water for domestic, commercial or industrial purposes;

"industrial purposes" in relation to the supply of water means water supplied to any premises which constitute a factory as defined under the Occupational Health and Safety Act, (Act 85 of 1993);

"installation work" means work in respect of the construction of, or carried out on, a water installation;

"local authority" means any local government as contemplated under the Constitution or any other local authority as contemplated in the Local Government Transition Act ( Act 209 of 1993) and includes any organ of state within the meaning of the Constitution with powers similar to that of any regional water services corporation constituted under the Water Services Ordinance, 1963 (Ordinance No 27 of 1963) or any Water Board within the meaning of the Water Act, 1956(Act 54 of 1956);

"main" means a pipe, other than a communication pipe, vesting in the Council and used by it for the purpose of conveying water to consumers;

"occupier" means a person in actual occupation of any premises or part thereof, without regard to the title under which he occupies;

"officer" means any employee of the Council or any other person who is authorised to perform any act, function or duty in terms of or exercise any power under these bylaws;

"operating water level" means the level of water reached in a storage tank when the valve controlling the inlet of water to the tank closes under normal operating conditions;

"owner" means -

(a) the person in whom from time to time is vested the legal title to premises;

(b) in a case where the person in whom the legal title is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration and control of his property is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;

(c) in any case where the Council is unable to determine the identity of such person, a person who is entitled to the benefit of the use of the premises or a building or buildings thereon;

(d) in a case where such premises has been leased for a period of 30 years or longer, the lessee thereof;

(e) in relation to -

(I) a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986), the developer or the body corporate in respect of the common property; or

(ii) a section as defined in such Act, the person in whose name such section is registered under a sectional title deed, and includes the lawfully appointed agent of such a person;

"pollution" means the introduction into the water supply system, or a water installation, of any substance which can make the water harmful to health, or impair its quality;

"premises" means any piece of land the external surface boundaries of which are delineated on -

(a) a general plan or diagram registered in terms of the Land Survey Act, 1927 (Act 9 of 1927) or in terms of the Deeds Registries Act, 1937 (Act 47 of 1937); or

(b) a sectional plan registered in terms of the Sectional Titles Act, 1986 (Act 95 of 1986);

"prescribed" means prescribed by the authorised officer;

"prescribed charge" means a charge prescribed by the Council;

"registered contractor" means a person who is registered with the Council in terms of section IV/2;

"responsible plumber" means a person who is registered with the Council in terms of section IV/3;

"service pipe" means a pipe which is part of a water installation and which connects with the communication pipe;

"storage tank" means a tank forming part of a water installation and used for the storage of water, other than a cistern serving a water-closet pan or a urinal and a tank used for the storage of hot water;

"terminal water fitting" means a water fitting at an outlet of a water installation which controls the discharge of water from a water installation;

"water fitting" means a component of a water installation other than a pipe, through which water passes or in which it is stored;

"water installation" means the pipes and water fittings which are situated on any premises and vested in the owner thereof and used or intended to be used in connection with the use of water on such premises, and includes a pipe and water fitting situated outside the boundary of the premises, which either connects to the communication pipe relating to such premises or is otherwise laid with the permission of the Council;

"water supply system" means the structures, aqueduct, pipes, valves, pumps, meters or other appurtenances relating thereto which are vested in the Council and are used or intended to be used by it in connection with the supply of water, and includes any part of the system;

"working day" means a day other than Saturday, Sunday or a public holiday.

I.2 Exceptions to Applications of these Bylaws

(a) If authority was given before the date of commencement of these bylaws for installation work to be done, or if authorised work is in progress on such date, such work shall comply with any laws governing such work which were in force in the area of jurisdiction of the Council prior to such date.

(2) The authorised delegate may, for a period of 90 days after the commencement of these bylaws, give authority for installation work to be done in accordance with any laws governing such work which were in force in the area of jurisdiction of the Council prior to such date.

I.3 Responsibility for Compliance with these Bylaws

It is the responsibility of the owner of the premises to comply, with the provisions of these Bylaws in respect of the water installation, and the consumers in respect of the use of the water on the premises.

I.4 Existing Water Installation

No owner shall be required to comply with these bylaws by altering a water installation or a part thereof which was installed in conformity with every law applicable immediately before the date of commencement of these bylaws: Provided that if, in the opinion of the authorised delegate the installation or a part thereof is so defective or in such a condition or position as to cause, or be likely to cause, waste or undue consumption of water, pollution, pollution of the water supply, or a health or safety hazard, the authorised delegate may by notice in writing require the owner to comply with the provisions of these bylaws within a specified period.

I.5 Notices and Documents

(1) A notice or document issued by the Council in terms of these bylaws shall be deemed to be duly issued if it is signed by an officer.

(2) If a notice or document is to be served on a person in terms of these bylaws such service shall be effected -

(a) by delivering it to him personally or to his duly authorised agent;

(b) by delivering it at his residence or place of business or employment to a person apparently not less than 16 years of age and apparently residing or employed there;

(c) if he has nominated a domicilium citandi, by delivering it to such domicilium;

(d) if he has not nominated a domicilium citandi, by delivering it to the address given by him in his application for a supply of water, for the reception of an account for water supplied;

(e) in the case of a body corporate, by delivering it at the registered office or business premises of such body corporate;

(f) by registered or certified post addressed to his last known address; or

(g) if service cannot be effected in terms of paragraphs (a) to (f) by affixing it to a principal door of entry to the premises concerned.

I.6 Power to Serve, and Compliance with Notices

(1) The authorised delegate may by written notice order a person who by act or commission commits a breach of these bylaws or any condition imposed thereunder to remedy such breach within a period specified in the notice;

(2) If a person fails to comply with a written notice served on him by the authorised delegate in terms of these bylaws within the specified period the authorised delegate may take such action or do such work as in his opinion is necessary to ensure compliance, and recover the cost of such action or work from the person.

I.7 False Statements or Information

No person shall make a false statement or furnish false information to the Council or an officer, or falsify a document issued in terms of these bylaws.

I.8 Trespassing on Water Supply System

No person shall, without the prior written permission of the authorised delegate, enter

(a) upon an area enclosed by a fence or where entry is prohibited by notice boards; or

(b) a structure used by the Council in connection with its water supply system.

I.9 Interference with Water Supply System

(1) No person other than an officer shall interfere or tamper with the water supply system, except as provided in section II/20.

(2) No person other than an officer shall make a connection to the water supply system save as contemplated in section II/8(2).

I.10 Damage to Water Supply System

(1) No person shall damage or endanger the water supply system, or cause or permit it to be damaged or endangered.

(2) Any person who intends performing work which may cause damage to the water supply system on land owned by or vested in the Council or over which it has a servitude or other right, shall prior to commencement of such work, ascertain from the authorised delegate if any part of the water supply system is situated on the land.

(3) If work which in the opinion of the authorised delegate could damage or endanger the water supply system is to be performed or is being performed on land referred to in subsection (2), or on land adjacent thereto, he may by notice in writing require the person concerned not to commence, or to cease performing, the work until such time as he has complied with the conditions specified in the notice.

I.11 Obstruction of Access to Water Supply System

(1) No person shall prevent or restrict access to the water supply system.

(2) If a person contravenes subsection (1), the authorised delegate may:

(a) by written notice require the person to restore access at his own cost within a specified period; or

(b) if he is of the opinion that the situation is a matter of urgency, without prior notice restore access and recover the cost from the person.

I.12 Pollution of Council's Water Supply

(1) Unless such act is specifically authorised in writing by the authorised delegate, no person shall commit an act which may cause pollution of any nature to water in a reservoir or other place owned, controlled by or vested in the Council either in whole or in part, and used by it in connection with the supply of water.

(2) No person shall, except at such places as are designated by notice boards or in such receptacles as are provided by the Council deposit or discharge rubbish, night-soil, industrial waste or other matter which may cause pollution of any nature on a portion of a catchment area relating to the Council's water supply which has been designated by notice boards as being an area where such acts are prohibited.

(3) If a person contravenes subsection (1) or (2) the authorised delegate may -

(a) by notice in writing require the person immediately to cease such act, and take specified action within a specified period; or

(b) if he is of the opinion that the situation is a matter of urgency, without prior notice take such action as he may deem necessary and recover the cost from the person.

I.13 Power of Entry and Inspection

(1) An officer may for any purpose connected with the implementation or enforcement of these bylaws, at all reasonable times or in an emergency at any time, enter premises, request information and make such inspection, examination and enquiry as he may deem necessary, and for those purposes operate any component of the water installation.

(2) If the authorised delegate considers it necessary that work be performed to enable an officer properly and effectively to implement a function referred to in subsection (1), he may -

(a) by written notice require the owner or occupier of the premises at his own cost to do specified work within a specified period; or

(b) if in his opinion the situation is a matter of urgency, without prior notice do such work or cause it to be done, at the cost of the owner.

(3) If the work referred to in subsection (2) is carried out for the sole purpose of establishing whether a contravention of these bylaws has been committed and no such contravention is established, the Council shall bear the expense connected therewith together with that of restoring the premises to its former condition, but it shall not otherwise bear such expense.

(4) If an officer requires the presence of -

(a) an owner at an inspection of his water installation;

(b) a registered contractor doing installation work at an inspection of such work; or

(c) a registered contractor's responsible plumber at an inspection of work being done under his control,

he may give such person written notice of not less than 2 working days to that effect, indicating the date and time when, and the place where, he proposes to carry out the inspection.

I.14 Pipes in Streets or Public Places

No person shall for the purpose of conveying water derived from whatever source, lay or construct a pipe or associated component on, in or under a street, public place or other land owned by, vested in, or under the control of the Council, except with the prior written permission of the authorised delegate and subject to such conditions as he may impose.

I.15 Offences

(1) A person who -

(a) fails or refuses to give access required by an officer in terms of section I/13;

(b) obstructs or hinders an officer in the exercise of his powers or functions or the performance of his duties under these bylaws;

(c) fails or refuses to give an officer such information as he reasonably may require for the purpose of the exercise of his powers or functions or the performance of his duties under these bylaws or who gives such officer false or misleading information knowing it to be false or misleading;

(d) contravenes or fails to comply with a provision of these bylaws;

(e) fails to comply with a condition or prohibition imposed in terms of these bylaws;

(f) fails to comply with the terms of a notice served upon him in terms of these bylaws; or

(g) fails to comply with a request made in terms of section IV/4(4)(b)

shall be guilty of an offence and liable, upon conviction to the maximum penalty prescribed for the offence by section 266(7)(a) of the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974).

(2) A person who causes or incites another person to commit an offence referred to in subsection (1), or who being in a position of authority over another person permits or allows him to commit an offence, shall himself be guilty of that offence.

I.16 Liabilities and Compensation

The Council shall not be liable for damages or compensation arising from anything done by it in terms of these bylaws.

I.17 Relaxation of Waiver

The Council may, in an individual case, relax or waive the requirements of a provision of these bylaws upon such conditions as it deems fit to impose if it is of the opinion that the application or operation of that provision in that case would be so unreasonable as to cause substantial prejudice of a nature or degree which was not intended to flow from the enactment of the provision and if it is of the opinion either that :

(a) the purpose for which the provision has been enacted has substantially been attained in that case or will be so attained upon compliance with the conditions imposed; or that

(b) the need to attain that purpose is for any reason absent in that case.

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II.1 Unauthorised Use of Water

Subject to the provisions of section II/2, no person shall take water from the water supply system except through a communication pipe provided in terms of section II/8 or from a hydrant in terms of section II/20.

II.2 Application for a Supply of Water

(1) No person shall take, or be supplied with, water from the water supply system unless he has made application to the Council on the prescribed form for a supply of water, and such application has been granted.

(2) The prescribed form referred to in subsection (1) may contain such conditions as the Council deems fit.

(3) An application granted by the Council shall constitute an agreement between it and the applicant, and such agreement shall take effect on the date referred to or stipulated therein.

(4) A consumer shall be liable for all the prescribed charges in respect of a supply of water granted to him until the agreement referred to in subsection (3) has been terminated in terms of section II/5.

II.3 Special Agreements for Supply of Water

(1) The Council may enter into a special agreement for the supply of water to -

(a) an applicant inside its area of jurisdiction, if the supply necessitates the imposition of conditions not contained in the prescribed form referred to in section II.2; or

(b) an applicant outside its area of jurisdiction.

(2) If the Council, in terms of a special agreement, provides a supply of water to an applicant outside its area of jurisdiction it may permit him to sell such water to other persons outside its area of jurisdiction, subject to such conditions as it deems fit.

II.4 Purpose of Supply

Water supplied by the Council shall be used solely for the purpose specified in the agreement for a supply of water.

II.5 Termination of Agreement for Supply of Water

(1) A consumer may terminate an agreement referred to in section II/2 by giving to the Council not less than five working days notice in writing of his intention to do so.

(2) The authorised delegate may, by notice in writing of not less than five working days, advise a consumer of his intention to terminate his agreement for supply of water if -

(a) he has not consumed any water during the preceeding six months and has not made arrangements satisfactory to the authorised delegate for the continuation of his agreement;

(b) he has committed a breach of these bylaws and has failed to rectify such breach;

(c) the Council cannot continue to supply him with water; or

(d) in terms of an agreement with another local authority supplying water, such authority shall supply water to the consumer.

(3) The Council may, without notice terminate an agreement for supply if a consumer has vacated the premises to which such agreement relates.

II.6 Provision of Surety

(1) The authorised delegate may require an applicant to deposit with him a sum of money representing the cost of the quantity of water which in his opinion would be supplied to the consumer during a period specified by the Council;

Provided that the authorised delegate may on written application by a consumer accept from him a guarantee to his satisfaction in lieu of the sum of money.

(2) A deposit or guarantee contemplated in subsection (1) shall accompany an application submitted in terms of section II/2(1).

(3) A deposit paid, or a guarantee provided in terms of subsection (1) shall not be regarded as being in payment of a current account due for the supply of water.

(4) (a) If the authorised delegate at any time is of the opinion that a deposit or guarantee is insufficient for the purpose of subsection (1), he may by notice in writing require the consumer concerned to increase such deposit or guarantee by an amount specified in such notice.

(b) If a consumer fails to comply with the notice referred to in paragraph (a) within thirty days of the issue thereof, the authorised delegate may reduce or discontinue his supply, until such time as he complies with the notice.

(5) The authorised delegate may, of his own accord or at the request of a consumer, reduce the amount of a deposit or a guarantee required by him if he is satisfied that the reduction is justified by the present supply of water to the consumer or a change of the circumstances pertaining to the assessment of the original amount of the deposit or guarantee.

(6) If, on the termination of an agreement in terms of section II/5, any amount is outstanding in respect of the supply of water to a consumer, the authorised delegate may -

(a) apply the deposit in payment or part payment of the amount and refund any balance to the consumer; or

(b) recover the amount in terms of the guarantee.

II.7 Provision of Communication Pipe

(1) If an application for a supply of water in respect of premises has been granted and no communication pipe exists in respect of the premises, the owner shall make application on the prescribed form and pay the prescribed charge, for the installation of such a pipe.

(2) If an application is made for a supply of water to premises which is so situated that it is necessary to extend the water supply system in order to supply water to the premises, the authorised delegate may agree to the extension subject to conditions as he may impose.

II.8 Communication Pipes

(1) A communication pipe provided and installed by the Council shall -

(a) be located in a position determined by the authorised delegate;

(b) terminate at a point between 140 and 160 millimetres inside the boundary of the land owned by or vested in the Council, over which it has a servitude or other right;

(c) be of a size requested by the applicant if agreed to by the authorised delegate.

(2) (a) The owner shall, at his own cost, effect the connection between his water installation and the communication pipe serving his premises, unless otherwise stipulated by the authorised delegate.

(b) The authorised delegate may specify -

(i) the type of joint which shall be used to effect the connection referred to in paragraph (a); and

(ii) the material of which the portion of the service pipe between its communication pipe and the owner's isolating valve is made, and the method of installation of such portion.

(c) The owner shall secure the portion of his service pipe referred to in paragraph (b)(ii) against movement.

(3) The number of communication pipes which are to serve a water installation shall be determined by the authorised delegate, and the installation shall be connected only to the communication pipe or pipes provided for it: Provided that if two or more parts of water installation are served by separate communication pipes, the parts shall not be interconnected without the prior written permission of the authorised delegate and subject to such conditions as he may impose.

(4) No water installation shall be supplied with water through a communication pipe which was installed to provide water for building construction purposes until the certificate of compliance has been received by the authorised delegate.

(5) If the authorised delegate considers that the size of an existing communication pipe is unsuitable by reason of the quantity of water supplied to a consumer, he may by written notice require the owner to pay the prescribed charges for the removal of the existing communication pipe and the installation of a communication pipe of a size acceptable to him.

(6) (a) The authorised delegate may, in the case of premises which are divided into separately occupied portions, by written notice require the owner at his own cost and within the period specified in the notice, to -

(i) alter the water installation serving any one portion so that it is separate from, and independent of, the water installation serving any other portion;

(ii) make application in terms of section II/7 for a communication pipe to serve each portion; and

(iii) connect the water installation referred to in paragraph (i) to the communication pipe referred to in paragraph (ii).

(b) The authorised delegate may give the occupier of the portion referred to in paragraph (a)(i) notice in writing that he is required to make application in terms of section II/2 for a supply of water.

(7) If the authorised delegate intends to replace a communication pipe, he shall give the owner concerned not less than ten working days notice in writing of the date after which the owner shall effect a connection between his water installation and the replacement communication pipe.

II.9 Interconnection between Premises

An owner of premises shall ensure that no interconnection exists between the water installation on his premises and the water installation on other premises, unless he has obtained the prior written consent of the authorised delegate and has complied with any conditions he may have imposed.

II.10 General Conditions of Supply

(1) The granting of a supply of water by the Council shall not constitute an undertaking by it to maintain at any time or at any point in its water supply system -

(a) an uninterrupted supply;

(b) a specific pressure or rate of flow in such supply; or

(c) a specific standard of quality of such water.

(2) The authorised delegate may specify the maximum height to which water may be supplied from the water supply system.

(3) If an owner requires the maintenance of any of the conditions referred to in subsection (1) on his premises, he shall make provision in his installation for such requirement.

(4) The authorised delegate may interrupt the supply of water to a premises without prior notice.

(5) If in the opinion of the authorised delegate the consumption of water by a consumer adversely affects the supply of water to another consumer, he may apply such restrictions as he deems fit to the supply of water to the first mentioned consumer in order to ensure a reasonable supply of water to the other consumer.

II.11 Cutting-off or Restricting of Supply

(1) Without prejudice to any other right it may have, the Council may, if a consumer has -

(a) failed to pay a sum due to it in terms of these bylaws; or

(b) committed a breach of these bylaws and has failed to rectify such breach within the period specified in a written notice served on him requiring him to do so;

by written notice inform him of its intention to cut off or restrict his supply of water on a specified date and it may on or after that date so cut off or restrict such supply.

(2) If in the opinion of the authorised delegate such action is necessary as a matter of urgency to prevent waste of water, damage to property, danger to life or pollution of water, it may -

(a) without prior notice, cut off the supply of water to a premises; and

(b) enter upon such premises and do such emergency work at the owner's expense as it deems necessary, and in addition by written notice require the owner to do such further work as it may deem necessary, within a specified period.

(3) The consumer shall pay -

(a) the prescribed charge for the cutting-off or restricting of his supply in terms of subsection (1) or (2); and

(b) the prescribed charge for restoration of the water supply;

Provided that, in the case of a cutting off or restriction in terms of subsection (1), both the prescribed charges required in terms of subsection (a) and (b) above must be paid prior to the restoration of the water supply.

II.12. Interruption of Supply at Consumer's Request

(1) The authorised delegate may, at the written request of a consumer -

(a) turn off the supply of water to his premises; and

(b) reinstate the supply,

on the dates requested by him.

(2) The consumer shall prior to the reinstatement of his water supply pay the prescribed charge for the turning-off of his supply of water, and for its reinstatement.

II.13. Disconnection of Water Supply

The authorised delegate may disconnect a water installation from the communication pipe and remove the communication pipe if -

(a) the agreement for supply has been terminated in terms of section II/5 and he has not received an application for a subsequent supply of water to the premises served by the pipe within a period of 90 days of such termination; or

(b) the building on the premises concerned has been demolished.

II.14. Metering of Supplies

(1) All water supplied to a consumer by the Council shall pass through a meter for the purpose of measuring the quantity of the water: Provided that the authorised delegate may dispense with the use of a meter in the case of -

(a) an automatic sprinkler installation;

(b) a fire installation in respect of which steps have been taken to detect unauthorised draw-off of water for purposes other than fire fighting; and

(c) special circumstances at the authorised delegate's discretion.

(2) A meter referred to in subsection (1), and its associates apparatus shall be provided and installed by the Council, shall remain in property, and may be changed by it when it deems necessary.

(3) (a) The Council may install the meter, and its associated apparatus, serving a water installation at any point in the installation.

(b) If the Council installs a meter in a water installation in terms of paragraph (a), it may install a section of pipe and associates fittings between the end of its communication pipe and the meter, and such section shall be deemed to form part of the water installation.

(4) If the Council installs a meter together with its associates apparatus in a water installation in terms of subsection (3) the owner shall -

(a) provide a place satisfactory to the authorised delegate in which to install it;

(b) ensure that unrestricted access is available to it at all times;

(c) be responsible for its protection and be liable for the costs arising from damage thereto;

(d) ensure that no connection is made to the pipe in which the meter is installed, between the meter and the communication pipe serving the installation; and

(e) make provision for the drainage of water which may be discharged from the pipe in which the meter is installed, in the course of work done by the Council on the meter.

(5) No person other than an officer shall -

(a) disconnect a meter and its associated apparatus from the pipe in which they are installed;

(b) break a seal which the Council has placed on a meter; and

(c) in any other way interfere with a meter and its associated apparatus.

(6) If the authorised delegate considers that the size of a meter is unsuitable by reason of the quantity of water supplied to premises, it may install a meter of such size as it deems necessary, and may recover from the owner of the premises concerned, the prescribed charge for the installation of the meter.

II.15. Quantity of Water Supplied to a Consumer

(1) For the purpose of assessing the quantity of water supplied through a meter to a consumer over a specified period, it shall be deemed, unless the contrary can be proved, that -

(a) such quantity is represented by the difference between readings of the meter taken at the beginning and end of the period;

(b) the meter was registered correctly during the period; and

(c) the entries in the records of the Council were correctly made;

Provided that if water is supplied to, or take by, a consumer without its passing through a meter, the estimate by the authorised delegate of the quantity of such water shall be deemed to be correct.

(2) If a contravention of section II/14(5) occurs, the consumer shall pay to the Council for the cost of such quantity of water as in the opinion of the authorised delegate was supplied to him.

II.16. Payment for Water Supplied

(1) All water supplied by the Council shall be paid for by the consumer at the prescribed charge for that particular category of use for which the supply was granted.

(2) A consumer shall pay for all water supplied to him from the date of the agreement referred to in section II/2 until the date of termination thereof.

(3) The authorised delegate may estimate a quantity of water supplied in respect of a period or periods within the interval between actual successive readings of the meter and may render an account to a consumer for the quantity of water so estimated to have been supplied to him during each such period.

(4) The amount of an account rendered for water supplied to a consumer shall become due and payable on the due date stipulated in the account.

(5) If a consumer is dissatisfied with an account rendered for water supplied to him by the Council he may, prior to the date stipulated therein, object in writing to the account setting out his reasons for such dissatisfaction:

Provided that the lodging of an objection shall not entitle a consumer to defer payment except with the written consent of the authorised delegate.

(6) If a consumer uses water for a category of use other than that for which it is supplied by the Council and is in consequence not charged for water so used, or is charged for the water at a rate lower than that at which he should be charged, he shall be liable for the amount due to the Council in accordance with the prescribed charges in respect of -

(a) the quantity of water which in its opinion he has used and for which he has not been charged; or

(b) the difference between the cost of the water used by him at the rate at which he has been charged and the cost of the water at the rate at which he should have been charged.

II.17. Amendments to Prescribed Charges for Water Supplied

If amendments to the prescribed charges for water supplied become operative on a date between meter readings it shall be deemed, for the purpose of rendering an account in respect of the charges, that the same quantity of water was supplied in each period of twenty-four hours during the interval between the meter readings.

II.18. No Reduction of Amount Payable if Water Wasted or Leakage Undetected

A consumer shall not under any circumstances be entitled to a reduction of the amount payable for water supplied to him.

II.19. Charges other than for Water Consumed

Subject to the provisions of section 243(1) of the Local Authorities Ordinance, 1974 (Ordinance 25 of 1974) the Council may, in addition to the prescribed charges for water consumed, prescribe and levy any of the following charges.

(a) a monthly charge payable by the owner in respect of premises which in the opinion of the authorised delegate can reasonably be connected to the water supply system but is not so connected, the charge being due from a date determined by the authorised delegate, until the date of the agreement referred to in section II/2(3).

(b) a charge payable by the consumer in respect of each communication pipe or meter provided by the Council to serve the premises occupied by him, whether or not water has been supplied to him, the charge being due from the date of the agreement referred to in section II/2(3).

(c) a monthly charge payable by a consumer in respect of a minimum quantity of water, whether or not water has actually been supplied to him.

II.20. Water Supplies from Council's Hydrant

(1) The authorised delegate may grant a temporary supply of water from one or more fire hydrants specified by him.

(2) A person who desires a temporary supply of water referred to in subsection (1) shall make application therefor on the prescribed form in terms of section II/2.

(3) Water supplied in terms of subsection (1) shall pass through a meter and the meter together with the appurtenant apparatus required to enable it to be connected to a hydrant shall be provided by the Council and remain its property.

(4) Before an applicant is provided with a meter in terms of sub-section (3), he shall pay -

(a) a deposit referred to in section II/6; and

(b) a prescribed deposit in respect of each meter and appurtenant apparatus supplied by the Council, as security for their return in proper working order.

(5) If the authorised delegate requires that an officer be in control of the meter provided in terms of subsection (3), the consumer shall pay the prescribed charge for the attendance of the officer.

(6) If the authorised delegate does not require an officer to be in control in terms of subsection (5), a consumer to whom a meter and appurtenant apparatus are supplied in terms of subsection (3) shall -

(a) be responsible for the safekeeping and the proper use thereof;

(b) return the meter forthwith if it is damaged or becomes defective;

(c) make the meter available for reading purposes before the seventh day of each month or at such other intervals as the authorised delegate may prescribe at a place designated by him; and

(d) return the meter and apparatus to the Council on the termination of the agreement for supply.

(7) The consumer shall, in addition to paying for the water supplied to him by the Council, pay the prescribed charge for the use of a meter which is supplied to him.

(8) (a) If a consumer fails to comply with subsection 6(b), (c) or (d), the Council may render an account to him for a quantity of water deemed by the authorised delegate to have been supplied to him since the last reading of the meter concerned, basing such quantity on the maximum designed rate of flow of the meter in continuous use over a period of 8 hours per day for five days per week or on such lesser rate or period as the authorised delegate deems appropriate.

(b) The charge referred to in paragraph (a) shall continue to be levied until the consumer returns a meter and appurtenant apparatus, or notifies the Council in writing that he is unable to do so.

(c) Notwithstanding the provisions of paragraph (a) and (b), if a consumer returns the meter in working order and with its seal intact after being charged for water in terms of paragraph (a), the Council shall adjust the amount charged to the cost of the water actually supplied to him.

(9) If a consumer to whom water is supplied in terms of subsection (1) -

(a) takes water from a hydrant which is not specified by the authorised delegate;

(b) is found to be taking, or to have taken, water from a hydrant without its passing through a meter; or

(c) fails to comply with any provision of subsection (6),

the Council may forthwith terminate his agreement for supply.

II.21. Resale of Water Supplied by Council

(1) No consumer who is supplied with water in terms of these bylaws shall sell such water unless provision has been made therefor in a special agreement referred to in section II.3, or he has obtained the prior written permission of the Council to do so.

(2) If the Council grants the permission referred to in subsection (1) it may stipulate the maximum price at which the water may be sold and impose such other conditions as it deems fit.

(3) Permission referred to in subsection (1) may be withdrawn at any time.

II.22. Defective Meters

(1) If a consumer has reason to believe that a meter used for measuring water supplied to him by the Council is defective he may against payment of the prescribed charge make application on the prescribed form for the meter to be tested.

(2) The prescribed charge referred to in subsection (1) shall be -

(a) retained by the Council if the meter is found in terms of subsection (3) or (4) not to be defective; or

(b) refunded to the applicant if the meter is found in terms of those subsections to be defective.

(3) A meter to which the regulations relating to water meters published under the Trade Metrology Act, 1973 (Act 77 of 1973) are applicable, shall be deemed to be defective if, when tested in accordance with such regulations, it is found to have a percentage error in over-registration or under-registration greater than that permitted for a meter in use in terms of those regulations.

(4) A meter to which the regulations referred to in subsection (3) are not applicable, shall be deemed to be defective if, when tested at the following percentages of its designed maximum rate of flow:

(a) not less than 75%.

(b) between 50% and 55%; and

(c) not more than 20%.

it is found to have a percentage error in over-registration or under-registration greater than 5% at any one of the said rates of flow.

II.23.Adjustment of Quantity of Water Supplied to a Consumer through a Defective Meter

(1) If a meter is found to be defective in terms of section II/22(3) or (4) the authorised delegate may estimate the quantity of water supplied to the consumer concerned during the period in which, in the opinion of the authorised delegate, such meter was defective, on the basis of the average daily quantity of water supplied to him over -

(a) a period between two successive meter readings subsequent to the replacement of the meter; or

(b) a period in the previous year corresponding to the period in which the meter was defective; or

(c) a period of three months subsequent to the replacement of the meter.

whichever the authorised delegate considers most appropriate.

(2) If the quantity of water supplied to a consumer during the period when his meter was defective cannot be estimated in terms of subsection (1), the authorised delegate may estimate such quantity on any basis that is available to him.

II.24. Adjustment of an Account if a Meter is Defective

(1) The adjustment of the account of a consumer who has been charged for water supplied through a defective meter, shall be made over the period determined in terms of section II.23(1).

(2) For the purpose of adjusting an account in terms of subsection (1) it shall be deemed that the same quantity of water supplied in each interval of twenty-four hours during the period referred to in subsection (1).

II.25. Water Restriction

(1) Subject to the prior approval of the Minister of Local Government and Housing, the Council may by notice -

(a) prohibit or restrict the consumption or use of water -

(i) for specified purposes or otherwise than for specified purposes;

(ii) during specified hours of the day or on specified days or otherwise than during specified hours of the day or on specified days; and

(iii) in a specified manner or otherwise than in a specifies manner;

(b) determine and impose -

(i) limits on the quantity of water which may be consumed over a specified period;

(ii) charges additional to those prescribed in respect of the supply of water in excess of a limit contemplated in subparagraph (1); and

(iii) a general surcharge on the prescribed charges in respect of the supply of water; and

(c) impose restrictions or prohibitions on the use or manner of use or disposition of an appliance by means of which water is used or consumed or on the connection of such appliances to the water installation.

(2) The Council may limit the application of the provisions of a notice contemplated by subsection (1) to specified areas and classes of consumers, premises and activities, and provide for and permit deviations and exemptions from, and relaxation of, any of the provisions of such grounds as it deems fit.

(3) The authorised delegate may -

(a) take, or by written notice require a consumer at his own cost to take, such measures including the installation of measurement devices and devices for restricting the flow of water, and measuring devices as may in his opinion be necessary to ensure compliance with a notice published in terms of subsection (1);

or

(b) cut off, or for such period as it deems fit restrict, the supply of water to a premises in the event of a contravention of, or failure to comply with, the terms of a notice published in terms of subsection (1), on the premises, and where the supply has been cut off it shall only be reinstated when the prescribed charge for cutting off and reconnecting the supply has been paid.

(4) In addition to the person by whose act or omission a contravention of or failure to comply with the terms of a notice published in terms of subsection (1) is actually committed, the consumer in respect of the premises to which the water is supplied shall be presumed also to have committed the contravention or to have so failed to comply unless it is proved that he had taken all reasonable steps to prevent such a contravention or failure to comply by any other person.

Provided that the fact such consumer issued instructions to another person shall not of itself be accepted as sufficient proof that he took all such reasonable steps.

(5) The provisions of this section shall also apply in respect of water supplied directly by the Council to consumers outside its area of jurisdiction, notwithstanding anything to the contrary in the conditions governing such supply, unless otherwise specified in the notice published in terms of subsection (1)

II.26 Special Metering

(1) If the authorised delegate wishes, for purposes other than charging for water consumed, to ascertain the quantity of water which is used in a part of water installation, he may by written notice advise the owner concerned of his intention to install a meter at such point in his water installation as he may specify.

(2) The installation of a meter referred to in subsection (1), its removal, and the reinstatement of the water installation after such removal shall be carried at the cost of the Council.

(3) The provisions of section II/14(4) and (5) shall mutatis mutandis apply in respect of a meter installed in terms of subsection (1).

II.27 Metering of Premises Containing Separate Occupancies

The authorised delegate may require the installation, at the owner's expense of a meter to each unit of a premises in separate occupancy for use in determining the quantity of water supplied to each such unit.

S

III.1 Approval to be obtained for Installation Work to be Done

(1) If an owner wishes to have installation work done he shall first obtain the authorised delegate's written approval: Provided that approval shall not be required for the repair of an existing pipe, or water fitting other than a fixed water heated and its associated protective devices.

(2) Application for the approval referred to in subsection (1) shall be made on the prescribed form, and shall be accompanied by -

(a) the prescribed charge; and

(b) the prescribed number of copies of the drawings referred to in section III/3 of the proposed work.

(3) The provisions of subsection (1) and (2), shall not apply to a registered contractor who replaces a fixed water heater or its associated protective devices but he shall notify the authorised delegate on the prescribed from not more than five working days after completing such work.

(4) Authority given in terms of subsection (1) shall, subject to section III/2, lapse after the expiry of a period of 24 months after the month succeeding the month in which the authority is given.

III/2 Extension of Period of Approval

The authorised delegate may, on written application by the owner prior to the expiry of the original period concerned and subject to payment of the prescribed charge, from time to time extend the period of validity of approval given in terms of section III/1 for a period not exceeding 12 months at a time and subject to such conditions as he deems fit.

III/3 Drawings

(1) Drawings submitted in terms of section III/1(2) shall unless otherwise permitted by the authorised delegate -

(a) indicate the nature and extent of the installation work to be done;

(b) be on sheets not smaller than A4 size, and contain -

(i) the title deed description of the premises;

(ii) the name of every street on which the premises abuts; and

(iii) the scales of the drawings and the north point.

(2) The drawings referred to in subsection (1) shall indicate -

(a) the position and size of the existing and proposed communication pipe serving or to serve the premises;

(b) the location of every pipe, its size and the material of which it is manufactured;

(c) the location of every water fitting and its description;

(d) the location of every storage tank and its capacity;

(e) the location of every pump;

(f) details of the proposed accommodation for the Council's meter if it is to be installed within the premises;

(g) the pressure for which the installation has been designed;

(h) the position of all overflows;

(i) equipment or plant which uses water as a heat exchange medium for cooling or heating purposes which is or may be connected to a water installation; and

(j) any other information that the Council may require.

(3) If the details of the water installation on more than one floor of a building are identical, such details may be drawn for one floor only.

(4) If more than one water installation is to be installed in a building such installations may be shown on the same drawing provided they are clearly differentiated from each other.

(5) A schedule shall be provided with each drawing or set of drawings, indicating the number of each type of terminal water fitting and its nominal size.

III/4 Copies of Drawings to be Kept on Site

A complete set of approved drawings of installation work shall be available at the site of the work at all times until receipt by the authorised delegate of the completion certificate submitted in terms of section IV/8(1)(d).

III/5 Unauthorised Work

If installation work has been done in contravention of section III/1, the authorised delegate may by written notice require the owner of the premises concerned to cause such work to comply with that section within a specified period and if work is in progress, to cease the work and may further require to the owner to remove all such work which does not comply with these bylaws.

IV/1 Persons permitted to do Installation and other Work

(1) No person who is not a contractor registered with the Council in terms of section IV/2 shall -

(a) do installation work for which approval is required in terms of section III/1(1);

(b) replace a fixed water heater or its associated protective devices;

(c) inspect, disinfect and test a water installation, fire installation or a storage tank;

(d) services, repair or replace a backflow percenter in terms of section VIII/4(1); or

(e) install, maintain or replace a meter provided by an owner in a water installation.

(2) No person shall require or engage a person who is not a registered contractor to do the work referred to in subsection(1).

(3) The provision of subsection (1) shall not apply to a person acting in the scope of his employment with a registered contractor.

(4) Notwithstanding the provisions of subsection (1), a person who, in terms of any law in force immediately prior to the commencement of these bylaws was entitled to do the work described in subsection (1) may continue to do such work for a period not exceeding 12 months after the commencement as determined by the Council by

(5) Notwithstanding the provisions of subsection (1), the authorised delegate may permit a person who is not a registered contractor to do installation work on his own behalf on premises owned and occupied solely by himself and his immediate household: Provided that -

(a) such person shall make application in the prescribed form for permission and pay the prescribed fee; and

(b) the work shall on completion be subject to inspection and test by the authorised delegate or a registered contractor, and shall not be put into use until it has passed the test and the completion certificate referred to in section IV/8(1)(d) has been issued.

IV/2 Registration of Contractors

(1) Application for registration with the Council as a contractor shall be made on the prescribed form and be accompanied by the prescribed charge.

(2) An applicant for registration shall -

(a) either be a person who is registered in terms of section IV/3 as a responsible plumber, or employs on a full time basis a person registered, and conducts his business from premises satisfactory to the Council; and

(b) nominate a domicilium citandi for the purpose of the servicing of notices in terms of these bylaws.

(3) Registration of every contractor shall expire on 31 December of each year, and application for renewal thereof shall be lodged with the authorised delegate before 1 December and shall be accompanied by the prescribed charge:

Provided that if such registration takes place on or after 1 November in any year it shall expire on 31 December of the succeeding year.

(4) If a change takes place in the particulars reflected in an application referred to in subsection (1) the contractor shall, within 14 days of the change, notify the authorised delegate thereof in writing.

IV/3 Registration of Responsible Plumbers

(1) Application for registration with the Council as a responsible plumber shall be made on the prescribed form and be accompanied by the prescribed charge.

(2) (a) An applicant for registration shall -

(i) have qualified as an artisan in the plumbing trade in terms of the Manpower Training Act, 1981 (Act 56 of 1981), and have passed the National Technical Certificate examination at the level of N# with the relevant trade theory as a subject of success, or hold equivalent qualifications;

(ii) have had not less than 5 years' practical experience in installation work, subsequent to qualifying as an artisan or passing the technical examination or equivalent qualifications referred to in subparagraph (i); and

(iii) provide proof satisfactory to the authorised delegate as to his knowledge of these bylaws; or

(b) be licensed or registered by the Council as a plumber at the date of commencement of these bylaws.

(3) Registration of every responsible plumber shall expire on 31 December of every year, and application for renewal thereof shall be lodged with the Council before 1 December and shall be accompanied by the prescribed charge:

Provided that if such registration takes place on or after 1 November in any year, it shall expire on 31 December of the succeeding year.

IV/4 Registration Certificates

(1) The authorised delegate shall issue a registration certificate to a contractor or a responsible plumber registered with the Council in terms of section IV/2 and IV/3 respectively.

(2) A registration certificate shall state the name of the registered contractor or responsible plumber, as the case my be, and the date its issue.

(3) No person shall make an alteration to a registration certificate.

(4) A registration certificate shall -

(a) be issued without alteration; and

(b) at the request of an officer be produced to him by the holder within 3 working days.

IV/5 Replacement of Certificate

(1) A person whose registration certificate is lost, destroyed or damaged, shall forthwith apply to the council on the prescribed form for the replacement of such certificate.

(2) An application in terms of subsection (1) shall be accompanied y an affidavit as to the circumstances in which the certificate was lost or destroyed, or the damaged certificate, as the case may be, and the prescribed charge.

IV/6 Register of Contractors and Responsible Plumbers

(1) The Council shall maintain a register of registered contractors and responsible plumbers.

(2) The register referred to in subsection (1), shall be available for inspection at the relevant office of the authorised delegate during normal working hours.

IV/7 Cancellation of Registration

(1) The Council may by written notice cancel the registration of a registered contractor if he -

(a) has given false information on an application form submitted in terms of section IV/2 or IV/5;

(b) has submitted to the authorised delegate a certificate referred to in section IV/8(1)(d) which is incorrect or false;

(c) contravenes any provisions of these bylaws;

(d) fails to comply with the requirements of section IV4(4)(b); or

(e) allows his registration certificate to be used in a fraudulent manner.

(2) The Council may by written notice cancel the registration of a responsible plumber if he -

(a) has given false information on an application form submitted n terms of section IV/3 or IV/5;

(b) completes a certificate referred to in section IV/9(c) or IV/10(2)(c) which is incorrect or false;

(c) contravenes any provisions of these bylaws;

(d) fails to comply with the requirements of section IV/4(4)(b); or

(e) allows his registration certificate to be used in a fraudulent manner.

(3) A registered contractor or responsible plumber shall, within 7 days of being notified in writing of the cancellation of his registration, surrender his registration certificate to the Council.

(4) If the Council cancels the registration of a contractor or responsible plumber, it shall not consider an application for registration form such person until a period of 12 months has lapsed after the date of the cancellation.

IV/8 Responsibilities of registered contractor

(1) A registered contractor shall -

(a) unless he is a registered responsible plumber, at all times have at least one registered responsible plumber in his full-time employment;

(b) ensure that work undertaken by him is carried out under the control of one registered responsible plumber who must be in his full-time employment, and who has been nominated in the form referred to in paragraph (c) or the notice referred to in subsection (2) and has acknowledged acceptance of the nomination by signing the form or notice: Provided that if a registered contractor is a registered responsible plumber he may nominate himself;

(c) notify the authorised delegate on the prescribed form of his intention to commence work referred to in section IV/1, not less than 3 working days prior to the commencement; and

(d) within 4 working days of the completion of the work referred to in paragraph (c), submit the authorised delegate a certificate of compliance referred to in section IV/9(b).

(2) A registered contractor shall, within 5 working days of a change of registered responsible plumber referred to in subsection (1)(b), or any subsequent registered responsible plumber nominated in terms of this subsection by written notice to the authorised delegate nominate another registered responsible plumber who shall signify his acceptance of such nomination.

IV/9 Responsibilities of a Registered Responsible Plumber

A registered responsible plumber shall -

(a) ensure that installation work done by him and any person under his control complies with these bylaws; and

(b) certify on the prescribed form that such work complies with these bylaws.

IV/10 Work Done by Persons who are not Registered Contractors

(1) If installation work is being done in contravention of section IV/1 the authorised delegate may by written notice require the owner of the premises concerned to cause the cessation of such work until he has employed a registered contractor to do the work.

(2) If installation work has been done in contravention of section III/1 or IV/1 the authorised delegate may by written notice require the owner of the premises in addition to complying with section III/5(2) to employ a registered contractor to -

(a) inspect such work and rectify any part of it which does not comply with these bylaws;

(b) test and disinfect such work in terms of section V/3 and V/4;

(c) submit to the authorised delegate a certificate on the prescribed form stating that the work complies with these bylaws.

V/1 Testing and Disinfection of water installations

(1) Before a registered contractor submits the certificate referred to in section IV/8(1)(d), IV/10(2)(c) and V/2(3) he may at the discretion of the authorised delegate be required to test and disinfect the water installation so as to satisfy the requirements of section V/3 or V/4, as the case may be.

(2) For the purpose of a test and disinfection referred to in subsection (1), the registered contractor shall supply at his own cost all equipment, materials and labour and shall pay for all water used.

(3) A registered contractor shall notify the authorised delegate on the prescribed form of his intention to carry out a test or disinfection referred to in subsection (1) not less than two working days before the date on which he intends to do the work.

(4) If the test or disinfection is not done on the date and at the time stated in the notification referred to in subsection (3), or if the test or disinfection is unsatisfactory, the registered contractor shall submit as new notification and pay the prescribed charge.

V/2 Testing or Disinfection of Water Installation on requirement by Authorised Delegate

(1) The authorised delegate may by written notice require an owner to employ a registered contractor at his own cost to -

(a) test his water installation in accordance with section V/3; and

(b) disinfect his water installation in accordance with section V/4.

(2) The provisions of section V/1 shall mutatis mutandis apply in respect of the test or disinfection.

(3) The registered contractor referred to in subsection (1), shall, within 7 days of completion, submit to authorised delegate the certificate required in terms of section IV/9(b).

V/3 Pressure Testing

(1) With all terminal water fittings closed, the water installation shall be subject to a water pressure of 1500 kilopascals, or such lesser pressure as the authorised delegate may specify in each particular case: Provided that in the case of fire or combined installations the water pressure shall be 2000 kilopascals.

(2) The water installation shall be satisfactory if the pressure referred to in subsection (1) is maintained for a period of not less than 15 minutes, without additional input of water into the water installation during such period.

(3) A water installation may be