Home | Databases | WorldLII | Search | Feedback Fiji Legislation

Water Supply Act [Cap 144]

LAWS OF FIJI

Revised Ed. 1985]

CHAPTER 144

WATER SUPPLY

TABLE OF PROVISIONS

SECTION

1. Short title
2. Interpretation
3. Appointment of Commissioner
4. Catchment areas
5. Power of Commissioner to lay pipes, etc., on private lands
6. Commissioner may erect public fountains, etc.
7. Commissioner shall fix fire-plugs and fire-cocks
8. Commissioner may disconnect services
9. Power of entry into premises
10. Power to restrict, suspend, etc., the supply of water
11. Power to make by-laws
12. Commissioner to install meters
13. Charges for water
14. Owner liable for charges
15. Recovery of moneys
16. Proof of moneys due
17. Distress warrant for charges
18. Water Charges to remain charge on property
19. Her Majesty's ships may be exempt
20. Receipts to be paid to general revenue
21. Pipes, meters, etc., not to be subject to distress in certain cases
22. Penalties in respect of wrongful acts
23. Assault or obstruction of Commissioner or officers
24. Penalty for polluting water supply
25. Wasting water, etc.
26. Waste caused by disrepair, etc.
27. Onus of proof
28. Exemption of certain village supplies

-----------------------------------------

Ordinances Nos. 7 of 1955, 6 of 1957,
Legal Notice No. 112 of 1970

AN ACT RELATING TO THE SUPPLY OF WATER IN FIJI

[15 April 1955]

Short title

1. This Act may be cited as the Water Supply Act.

Interpretation

2. In this Ordinance, unless the context otherwise requires -

"building supply" means a supply of water used for the purpose of building or construction work, whether public or private;

"connection" means that part of the pipe connecting the main to premises supplied with water from the waterworks which lies between the main and the stop-cock, and includes the stop-cock;

"domestic supply" means a supply of water used for domestic or household purposes, and includes water used for the purposes of a profession carried on in the premises supplied, where the primary use of the premises is as a dwelling house, but does not include any supply of water used for the purpose of any business or trade;

"fire service" includes any pipes and fittings used for the sole purpose of supplying water to premises to combat fire;

"fittings" includes all taps, stop-cocks, ball-cocks, cold water cisterns, hot water apparatus, flushing apparatus or any other apparatus or appliances used on a service connected with the supply of water from the waterworks, but does not include meters;

"catchment area" means any area of land or water declared by the Minister to be a catchment area under the provisions of this Act;

"main" includes any pipe owned and maintained by the Commissioner;

"meter" means an apparatus for measuring water, and includes any meter box or meter box cover;

"owner" means -

(a) in relation to any premises separately metered and supplied with water-

(i) where the premises are not the subject of a registered lease, the person entitled to dispose of the fee simple;

(ii) where the premises are the subject of one or more registered leases, the lessee under the lease of which the interest is furthest removed from the fee simple,

and includes a lessee under a registered lease of Crown land as an owner aforesaid; and

(b) in relation to a communal supply, the member of the rural settlement or Fijian village nominated by the inhabitants of the settlement or village as owner for the purposes of the supply of water;

"pollute", with its grammatical variations and cognate expressions, means directly or indirectly to add to water any substance, liquid or gas which affects its taste, smell or purity, or renders or is likely to render it toxic or in any way harmful or dangerous to the health of humans;

"premises" includes any structure, building or part of a building, land without buildings, or any pier, sea-wall or wharf in the waters of Fiji;

"public standpipe" includes any fountain, standpipe, valve, tap or appliance supplied and maintained by the Commissioner for the purpose of supplying water to the public;

"registered lease" means a lease or sub-lease registered under the provisions of the Land Transfer Act;
(Cap. 131)

"service" means so much of the pipe between the main and the premises as is not a connection;

"trade supply" means a supply of water other than a building supply, a domestic supply and a supply to ships;

"waterworks" includes all catchment areas, reservoirs, dams, weirs, tanks, cisterns, tunnels, filter beds, conduits, aqueducts, mains, pipes, meters, fountains, sluices, valves, hydrants, pumps, prime movers and all other structures or appliances used or constructed for the storage, conveyance, supply, measurement or regulation of water, and which are or may become hereafter the property of the Crown;

"communal supply" means a private supply of water by means of a standpipe for the communal use of a rural settlement or Fijian village.
(Amended by Ordinance 6 of 1957, s. 2; Legal Notice 112 of 1970.)

Appointment of Commissioner

3.-(1) The Minister shall appoint a Commissioner of Water Supply (hereinafter called "the Commissioner") for the purposes of this Act.

(2) Subject to the general authority of the Minister, the Commissioner shall have -

(a) the custody and administration of the waterworks and of the water therein; and

(b) the management of the supply or the distribution of such water.
(Amended by Legal Notice 112 of 1970.)

Catchment areas

4.-(1) Where the Minister considers it desirable that any area of land or water should be a catchment area for the purposes of a water supply, he may give notice in the Gazette and in Na Mata of his intention to declare the said area to be a catchment area.

(Amended by Legal Notice 112 of 1970.)

(2) Such notices shall-

(a) specify the area to be affected;

(b) state that the effect of declaration as a catchment area will be to prohibit any act causing pollution of any water therein; and

(c) specify a date, not being less than 2 months after the publication of the later of such notices, within which objection may be made.
(Amended by Ordinance 6 of 1957, s. 3.)

(3) Any owner, lessee or licensee of land in an area in respect of which notice is given under subsection (1) may, within the time specified in the notice, object in writing to the Minister against such declaration, stating in his objection the grounds thereof.

(Amended by Legal Notice 112 of 1970.)

(4) Where no objection is received within the specified time for making objection, the Minister may, by notice in the Gazette, declare the area or any part thereof to be a catchment area.

(Amended by Legal Notice 112 of 1970.)

(5) Where an objection is received within the specified time for making objection, the Minister may, after considering such objection, declare the area or any part thereof to be a catchment area.

(Amended by Legal Notice 112 of 1970.)

(6) Any owner, lessee or licensee of land who suffers loss or damage by reason of the inclusion of such land in a catchment area-

(a) shall be entitled to compensation for such loss or damage; and

(b) may recover the same by action against the Crown:

Provided that no action shall be brought after the expiry of 12 months from the time of such inclusion.

(7) The provisions of this section shall be subject to the provisions of the Constitution.

(Inserted by Legal Notice 112 of 1970.)

Power of Commissioner to lay pipes, etc., on private lands

5. The Commissioner may-

(a) after giving reasonable notice in writing to the owner or occupier, carry any main through, across or under any land or street whatsoever; and

(b) at any time, upon giving such reasonable notice as circumstances permit or, in case of serious emergency, without giving notice, enter upon any such land or street for the purpose of repairing, maintaining, renewing, removing, altering, inspecting, attending to or testing any such main thereon,

without paying any compensation, but making good or, at his option, paying for damage done or occasioned through the operations under this section.

Commissioner may erect public fountains, etc.

6. It shall be lawful for the Commissioner to erect and maintain at such times and places as shall appear proper to him, such number of public fountains, baths and washing places as he shall deem expedient, to which all persons shall, subject to any by-law under section 11 have free access.

Commissioner shall fix fire-plugs and fire-cocks

7.-(1) The Commissioner shall, on laying down any main in any street, at the time of laying such main and afterwards from time to time, fix such fire-plugs and fire-cocks as he may think necessary on or near such street for the supply of water for extinguishing fires.

(2) It shall not be lawful to make any charge for any water supplied for extinguishing fires.

Commissioner may disconnect services

8. It shall be lawful for the Commissioner to disconnect from the waterworks the service to any premises without prejudice to any water charges, meter rent or other sums due or to become due under this Act-

(a) unless the owner, within 30 days from the date of service of written notice in that behalf or such extended time as the Commissioner may allow, gives an undertaking satisfactory to the Commissioner to pay to the Commissioner the amount due for charges for water and for meter rent in accordance with the by-laws;

(b) if default is made by the owner of the premises in the payment of any deposit which the Commissioner may require or of any moneys due under this Act, for so long as the default continues;

(c) if the construction, alteration or repair of any inside service is not carried out to the satisfaction of the Commissioner in accordance with the provisions of this Act or the by-laws, or if the construction, alteration or repair of any inside service is carried out without the approval of the Commissioner;

(d) if it is found that water supplied from the waterworks through the service to the premises is being wilfully or negligently wasted; or

(e) if any act or thing is done or omitted contrary to the provisions of this Act in relation to any damage, alteration, pollution or abuse of the waterworks or of any service or fire service.

Power of entry into premises

9. It shall be lawful for the Commissioner or any person duly authorized by him, at any reasonable time between 6 a.m. and 6 p.m. or, in the case of urgency, at any time, for the purposes hereinafter mentioned, to enter into and upon any premises into or upon which any service has been laid for the supply of water from the waterworks, namely-

(a) to inspect any service and to ascertain whether there is any waste, leakage, obstruction, alteration, interference or damage to any service or meter therein and anything in connection therewith;

(b) to regulate or repair any service or meter;

(c) to ascertain the consumption; or

(d) to disconnect the service to any premises or to diminish, withhold or suspend, stop, turn off or divert the supply of water to any premises through or by means of any service, either wholly or in part.

Power to restrict, suspend, etc., the supply of water

10. It shall be lawful for the Commissioner to restrict, diminish, withhold or suspend, stop, turn off or divert the supply of water through or by means of any main, service or public standpipe, either wholly or in part, and without prejudice to any water charges, meter rent or other sums due or to become due under this Ordinance, and without compensation for any damage or loss which may result-

(a) whenever the available supply of water from the waterworks shall, in the opinion of the Commissioner, be insufficient;

(b) whenever it may be expedient or necessary for the purpose of extending, altering, testing or repairing the waterworks or for the purpose of the connections of services or fire services;

(c) whenever any public standpipe is damaged or the waters thereof are polluted or wasted;

(d) in the cases of an outbreak of fire; or

(e) in the case of a breakdown in the waterworks.

Power to make by-laws

11. The Commissioner may, subject to the approval of the Minister, make by-laws-

(a) for the prevention of waste, undue consumption, misuse and contamination of water supplied from the waterworks;

(b) for prescribing the size, nature, materials, position, strength and workmanship and the mode of arrangement, connection, alteration and repair of pipes and fittings;

(c) to prescribe the type, position, mode of use and connection of meters, meter boxes and other apparatus and the limits of inaccuracy of meters and to regulate the testing and inspection of meters;

(d) for inspection of services and water supply fittings;

(e) for licensing of persons to perform work connected with the supply of water and for the fees for such licences;

(f) providing for a free allowance of water to schools, hospitals, charitable or religious institutions or other premises;

(g) for the charges to be made for water supplied to ships and the manner of collecting the same;

(h) the form of application for a supply of water from the waterworks and the fees payable thereon;

(i) generally for such other purposes as may be found necessary for the maintenance of an efficient water supply to all users of the same and for carrying out the provisions of this Act.

(Amended by Ordinance 6 of 1957, s. 4; Legal Notice 112 of 1970.)

Commissioner to install meters

12. The Commissioner shall install water meters on premises to which water is supplied under this Act:

Provided that it shall not be obligatory to install a meter in the case of an emergency or temporary supply and, where a meter is not installed, the measurement of water supplied shall be calculated as provided by by-laws under this Act.

Charges for water

13.-(1) Subject to the other provisions of this Act-

(a) the charges for water supplied to premises shall be at so much for each 1,000 gallons as the Minister shall, by notice in the Gazette, fix from time to time; and

(b) different rates may be fixed for water supplied as a building supply, a domestic supply or a trade supply or for different classes of such supply.

(2) Meter rents shall be as fixed by the Minister by notice in the Gazette.

(Amended by Legal Notice 112 of 1970.)

Owner liable for charges

14. All charges under this Act for water and for meter rent shall be payable by the owner of the premises metered and supplied with water under this Act.

Recovery of moneys

15. All moneys, other than penalties and fines, payable or recoverable under this Act shall be recoverable at the suit of the Commissioner, together with interest thereon at a rate not exceeding 5 per cent per annum, and any judgement given or order made shall be enforced in the same manner in which any judgement or order may be enforced in any other action.

Proof of moneys due

16. In any such action, a certificate under the hand of the Commissioner that any sum of money is due shall be prima facie evidence of such debt and of the non-payment thereof.

Distress warrant for charges

17.-(1) In addition to the remedy provided by section 15, if any amount due and payable in respect of such charges remains unpaid for a period of 30 days after the same has been lawfully demanded, it shall be lawful for a resident magistrate*, upon written request made by the Commissioner, or some person authorized in writing in that behalf by the Commissioner, to issue a summons to the person charged with such amount, calling upon him to appear and show cause why a warrant of distress should not issue.
* See Legal Notice 44 of 1977.

(2) Such summons may be served upon the party-

(a) by delivering the same to him personally; or

(b) by leaving the same with some person for him at his last place of abode.

(3) If, upon the day and at the place appointed for appearance-

(a) the party shall fail to appear and the magistrate is satisfied, upon oath, that such summons was duly served; or

(b) having appeared, the party shall fail to show that such amount is not lawfully due by him,

the magistrate shall issue a warrant for levying the said amount, with costs, by distress and sale of the personal property of the party.

(4) Every such warrant shall contain every authority, and be executed in all respects, as if it were a writ of execution issued out of the court of the said magistrate.

Water charges to remain charge on property

18. Any unpaid charges for water or meter rent-

(a) shall be and remain a charge upon the premises in respect of which such charges are payable; and

(b) may be recovered at any future time as if then the owner had himself been liable to the payment of the charges so remaining unpaid.

Her Majesty's ships may be exempt

19. It shall be lawful for the Minister from time to time to exempt any of Her Majesty's ships of war or fleet auxiliaries or the ships of war or fleet auxiliaries of any foreign power from the payment of any charge for water supplied.

(Amended by Legal Notice 112 of 1970.)

Receipts to be paid to general revenue

20. All moneys received by the Commissioner under this Act shall be paid to general revenue.

Pipes, meters, etc., not to be subject to distress in certain cases

21. Where any pipes, meters, fittings, works or apparatus belonging to the Commissioner are placed in or upon any premises not being in the possession of the Commissioner for the purposes of supplying water, such pipes, meters, fittings, works or apparatus shall not be-

(a) subject to distress or to the landlord's remedy for rent of the premises where the same may be; or

(b) taken in execution under any process of a court of justice, or under any proceedings in bankruptcy or insolvency against the person in whose possession the same may be.

Penalties in respect of wrongful acts

22.-(1) Any person who-

(a) wilfully, fraudulently or by culpable negligence-

(i) injures, or permits to be injured, any meter, fountain, pump, cock, valve, pipe, cistern, reservoir, fence, water course or other part of the waterworks;

(ii) alters the index of any meter; or

(iii) prevents any meter from duly registering the quantity of water supplied; or

(b) fraudulently abstracts or uses water supplied by the Commissioner,

shall (without prejudice to any other right or remedy for the protection of the Commissioner or the punishment of the offender), for every such offence, be liable to a fine not exceeding $100 and to a further fine not exceeding $20 for every day after the first day during which such offence continues.

(2) The Commissioner may, in addition thereto, recover from such person the amount of any damage by him sustained.

(3) The existence of artificial means for causing such alteration or prevention, or for fraudulently abstracting, consuming or using water supplied by the Commissioner, when such meter is under the custody or control of such person shall be prima facie evidence that such alteration, prevention, abstraction or consumption, as the case may be, has been fraudulently, knowingly and wilfully caused by the consumer using such meter.

Assault or obstruction of Commissioner or officers

23. If any person assaults, molests, hinders or obstructs the Commissioner or any authorized officer in making or attempting to make any entry or inspection or in the execution of any of the works authorized by this Act, or any by-laws made thereunder, such person shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $20.

Penalty for polluting water supply

24.-(1) Every person who-

(a) washes any animal or any clothes, wool, leather or the skin of any animal or any noisome or offensive thing, or throws or casts any dead animal or any filth or other noisome or offensive thing, or who bathes, in any water in the waterworks;

(b) causes or suffers the water of any sewer or drain to run or be conveyed into any water in the waterworks or into any water in a catchment area;

(c) does any other thing whatsoever or permits any other thing whatsoever to be done to the water in the waterworks or the water in a catchment area whereby or by means whereof the water or any part thereof is or may be polluted,

shall be guilty of an offence and shall be liable to a fine not exceeding $100.

(2) For the purposes of this section, water shall not be deemed to be polluted by reason only of innocuous discolouration.

(Amended by Ordinance 6 of 1957, s. 5.)

Wasting water, etc.

25. Every person who-

(a) opens or leaves open any cock, valve or any fountain or pump being part of the machinery so that the water of or supplied from the waterworks runs or may run to waste;

(b) wilfully and without consent of the Commissioner or negligently interferes with valves or other apparatus of the waterworks;

(c) without the consent of the Commissioner, makes any alteration in a service pipe or uses any pipe so altered;

(d) without the consent of the Commissioner, supplies any water from the water supplied to him by the Commissioner to any person for use in other premises, except where the supply is made in case of a fire or to a person supplied by the Commissioner but temporarily unable, through no default of his own, to obtain water;

(e) uses water for any purpose other than that for which the water is supplied to him; or

(f) is found within an enclosure to any reservoir forming part of the waterworks without reasonable excuse,

shall be guilty of an offence and shall be liable to a fine not exceeding $20.

(Amended by Ordinance 6 of 1957, s. 6.)

Waste caused by disrepair, etc.

26.-(1) Any person who, wilfully or negligently, causes or suffers any water fitting to be or remain so out of order or repair, or to be so constructed or used, that-

(a) the water of or from the waterworks is wasted or contaminated before use; or

(b) foul air or any impure matter is likely to return into any pipe, shall be guilty of an offence and shall be liable to a fine not exceeding $20.

(2) It shall be lawful for the Commissioner to require the necessary works to be done and, on default, himself to carry them out and recover the costs from the owner of the premises.

[27. * * * * * (Repealed by Ordinance 6 of 1957, s. 7.)]

Exemption of certain village supplies

28. Where the inhabitants of a rural settlement or Fijian village have contributed to the cost of installation of a communal supply, whether installed before or after 15 April 1955, the Minister may, in his discretion, by notice in the Gazette, exempt the settlement or village from the payment of the whole or a proportion of the charges for water or meter rent under this Act.

(Amended by Legal Notice 112 of 1970.)

Controlled by Ministry of Communications Transport and Works

___________

Subsidiary Legislation

CHAPTER 144

WATER SUPPLY
__________

SECTION 11-WATER SUPPLY BY-LAWS
__________

TABLE OF PROVISIONS
__________

BY-LAW
1. Short title
1A. Interpretation
2. Application
3. Fees
4. Control
5. Use of water-public standpipes
6. Connections
7. Service to be fixed by licensed fitter
8. Premises supplied from tanks, etc., may be connected to service
9. Separate connection to each house
9A. Election in relation to one or more rates of payment
10. Accounts
11. Testing of meters
11A. Special meter reading
12. Repairs and renewals
13. Discontinuance of supplies
14. Licensing of waterworks fitter
15. Conservation of water
16. Penalty

Schedule A-Application for Water Supply
Schedule B-(Revoked)

Schedule C-(Revoked)

----------------------------------------

Legal Notices Nos. 20 of 1956, 88 of 1956, 64 of 1957, 24 of 1960,
88 of 1976, 23 of 1977, 45 of 1978, 83 of 1978, 126 of 1978,
20 of 1979, 185 of 1979, 158 of 1980, 31 of 1984

Short title

1. These By-laws may be cited as the Water Supply By-laws.

Interpretation

1A. In these By-Laws, unless the context otherwise requires, "appropriate form" means a form approved by the Commissioner of Water Supply.

(Inserted by Legal Notice 23 of 1977.)

Application

2. Any person desirous of obtaining a domestic, trade or building supply from the Commissioner shall make application therefor, under and subject to the terms of these By-laws, on the printed form contained in Schedule A, which may be obtained from the Commissioner.

Fees

3. The application form for a new domestic, trade, industrial or commercial supply shall be accompanied by a fee of $12, and, for a new building supply, a fee of $55.20, which will be returned if, for any reason, the application is refused.

(Amended by Legal Notice 45 of 1978, 83 of 1978; 185 of 1979; 158 of 1980; 31 of 1984.)

Control

4. If it shall appear to the Commissioner that-

(a) an applicant will be likely to use such a quantity of water as will prejudice the supply to other consumers; or

(b) for any other reason, the approval of the application will adversely affect, or is likely adversely to affect, the efficiency of the system generally,

the Commissioner may refuse the application or specify the quantity of water which such applicant may draw from the mains during any period, and the use of any quantity of water in excess of the amount specified shall be deemed to be a breach of these By-laws.

Use of water-public standpipes

5.-(1) Water shall be taken from public standpipes only in buckets or other suitable receptacles and in such a manner as to prevent waste.

(2) No hosepipe, pipe, tube, chute or other contrivance of any nature whatsoever shall be attached, either temporarily or permanently, to any public standpipe.

(3) No automatic self-closing valve or other automatic appliance attached to or forming part of any public standpipe shall be interfered with so as to prevent, either temporarily or permanently, its automatic action.

(4) Any person who acts in contravention of the provisions of this by-law shall be guilty of an offence.

Connections

6.-(1) The kind and size of connection and its position shall be determined by the Commissioner.

(2) The connection shall be taken from the main to a meter box, which shall be placed inside the boundary of the applicant's premises, or in such position as the Commissioner may determine, and shall there terminate in a stopcock and meter.

(3) This work shall be done by the Commissioner.

(4) Nothing hereinbefore contained shall be deemed to prohibit the Commis-sioner from installing more than one meter where water is supplied to the same premises for different purposes.

(5) The Commissioner may, as a condition of installing a new connection, require the applicant for the supply to contribute to the cost of the connection where the nearest main is at a greater distance than 15 metres from the boundary of the premises to be served or where the connection is larger than 25 mm bore.

(Amended by Legal Notice 126 of 1978.)

(6) All such connections, stopcocks, metres and meter boxes shall remain the property of the Commissioner and shall not be interfered with nor the stopcock turned on or off by any person on any pretext whatsoever, except with the authority of the Commissioner.

Service to be fixed by licensed fitter

7.-(1) All pipes required for the purpose of domestic, trade or building supplies shall start from the meter above referred to, and, together with all fittings, taps or other apparatus connected therewith, so far as they are subject to internal water pressure from the street mains, shall be fixed only by a fitter licensed under by-law 14.

(2) Any person, other than a licensed fitter, who fixes any such pipe, fitting, tap or other apparatus shall be guilty of an offence.

(Inserted by Legal Notice 88 of 1956.)

Premises supplied from tanks, etc., may be connected to service

8. In cases where private houses or other premises are already provided with a system of water supply from tanks, wells, or other sources, such system may be connected with the mains:

Provided that-

(a) the tanks, wells and other sources of supply are disconnected; and

(b) the pipes, so far as they will be subjected to the pressure from the mains, are, in the opinion of the Commissioner, of sufficient strength to sustain the pressure.

Separate connection to each house

9.-(1) Every house or separate premises supplied with water from the mains shall have a separate connection and, except with the permission of the Commissioner, no such house or separate premises shall have more than one connection.

(2) Blocks or rows of houses or premises belonging to the same owner may, however, at the discretion of the Commissioner, be supplied by one connection, stopcock, and meter, with branch pipes to each of the houses or premises in such block or row, or with one or more taps for use of the whole.

(3) Any such arrangement shall apply only so long as the whole of the block or row of houses or premises so supplied remains under one ownership.

(4) On the transfer of ownership of any house or premises served by a sub-connection under these By-laws, the Commissioner may disconnect the transferred premises.

Election in relation to one or more rates of payment

9A. Where one or more rates of payment have been fixed in respect of domestic, trade or building supplies, the owner of premises may elect-

(a) by giving 14 days' notice in writing to the Commissioner in the case of the first connection of any one supply;

(b) by giving at least 3 months' notice in writing to the Commissioner in any other case,

to pay for water at any one of such fixed rates, which may or may not include meter rents as the case may be.

(Inserted by Legal Notice 24 of 1960.)

Accounts

10.-(1) Except in the case of the disconnection of a supply under by-law 13, when the meter shall be read immediately prior to disconnection, all meters shall be read at such times as the Commissioner may direct.

(2) Accounts shall be rendered quarterly.

(3) Where a water supply shall have been disconnected, the charge for re-connection of the same shall be $5.40.

(Amended by Legal Notice 45 of 1978; 83 of 1978; 185 of 1979; 158 of 1980; 31 of 1984.)

(4) All payments due under these By-laws shall be made at the office of the Commissioner or at an authorized branch office.

Testing of meters

11.-(1) Any consumer who desires the accuracy of his meter to be tested shall deposit with the local Sub-Accountant the sum of $6.96 before such meter shall be tested.

(Amended by Legal Notice 45 of 1978; 83 of 1978; 185 of 1979; 158 of 1980; 31 of 1984.)

(2) The Commissioner shall give such consumer notice of the time and place for the carrying out of such test and shall allow such person to be present.

(3) If, as a result of the test, the meter is found to be registering fast by more than 5 per cent-

(a) the deposit shall be refunded to the consumer;

(b) the meter shall be replaced without charge; and

(c) the consumer shall be allowed any inaccuracy deduced from the test aforesaid:

Provided that such allowance shall only be in respect of the quantity in question before payment therefor shall have been made.

(4) If, as a result of the test, the meter is found to be registering slow by more than 5 per cent-

(a) the consumer shall forfeit the deposit; and

(b) any inaccuracy deduced from the test aforesaid shall be charged to the consumer:

Provided that such charge shall only be in respect of the quantity in question before payment therefor shall have been made.

(5) If, as a result of the test, the meter is found to be registering 5 per cent fast or slow, or less than 5 per cent fast or slow-

(a) it shall be deemed to be correct; and

(b) the consumer shall-

(i) forfeit the deposit; and

(ii) be charged with any cost incurred in testing the meter.
(Amended by Legal Notice 45 of 1978; 83 of 1978.)

(6) Should any meter cease registering altogether, or be found to register so incorrectly that in the opinion of the Commissioner the true quantity for any period cannot be deduced therefrom, then the consumption for that period shall be the average deduced from the quantity supplied during the previous period of not less than one month and not more than 6 months.

(7) No question of the accuracy of the meter shall exempt the consumer from payment within the time prescribed by these By-laws of the quantity registered prima facie by such meter.

(8) In the case of emergency or of a temporary supply-

(a) the Commissioner may, in his discretion-

(i) dispense with the use of a meter; and

(ii) assess the quantity of water supplied by computation, which shall be binding upon the owner; and

(b) the cost of making the connection and removing the same shall be paid by the owner.

Special meter reading

11A. Where a special reading is made at the request of the consumer the charge therefor shall be $5.40.

(Inserted by Legal Notice 45 of 1978; amended by Legal Notice 83 of 1978; 185 of 1979; 158 of 1980; 31 of 1984.)

Repairs and renewals

12.-(1) All repairs and renewals which may, at any time, be required to pipes, taps, fittings, or other apparatus subject to internal water pressure from the mains, shall be carried out by a fitter licensed under by-law 14.

(2) Such repairs and renewals may, however, at the discretion of the Commissioner, be carried out by the Commissioner, in which case the consumer shall pay the cost of such repairs or renewals.

(3) Any person who causes or permits any repair or renewal to be carried out in contravention of the provisions of this by-law shall be guilty of an offence.

Discontinuance of supplies

13. Any consumer who may be desirous of discontinuing a domestic, trade or building supply shall give 7 days' notice in writing to the Commissioner, who will then arrange for the service to be disconnected.

Licensing of waterworks fitter

14.-(1) Any workman desiring a licence to carry out work in connection with water supplies to which these By-laws apply shall make application in the appropriate form.

(Amended by Legal Notice 23 of 1977.)

(2) Licences in the appropriate form shall be issued free of cost by the Commissioner on his being satisfied that the applicant is a fit and proper person to be entrusted with work as a waterworks fitter.

(Amended by Legal Notice 88 of 1976.)

(3) Any authorized waterworks fitter who is shown, to the satisfaction of the Commissioner, to have acted in any way contrary to these By-laws or the Act shall be liable to have his licence cancelled by the Commissioner.

(4) The names of all waterworks fitters so licensed shall, from time to time, be published in the Gazette.

Conservation of water

15.-(1) No person shall use water in contravention of any prohibition or limitation imposed by the Commissioner at any time on the use of water supplied by him in any locality for the purpose of conserving the water supply in that locality on account of any existing or threatened shortage of water.

(2) Any person who uses or causes or permits to be used any water in contravention of any such limitation or prohibition shall be guilty of an offence.

Penalty

16. Any person convicted of an offence under these By-laws shall be liable to a fine not exceeding $400 or to imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment.

(Amended by Legal Notice 20 of 1979.)

________

SCHEDULE A
(By-law 2)

(Substituted by Legal Notice 64 of 1957.)
__________

APPLICATION FOR CONNECTION TO WATER SUPPLY

Connection No. ......................................
(To be filled in by the Commissioner
of Water Supply)

To the Commissioner of Water Supply.

I, ...................................................... owner of .................................................................... do hereby apply for a connection to be made, from the public water mains to my premises at ...................................................................................................................................................
......................................................................................................................................................

(Give block, lot and street)

Purpose for which water is to be used..........................................................................................

(Domestic, trade or building)

Estimated consumption per day ..............................................................................................

(Only required for trade or building supply)

Usual number of persons in house including servants.............................................................

(To be filled in the case of domestic supply only)

And I hereby agree to conform with all Regulations and By-Laws now in force or hereafter lawfully prescribed by the Commissioner of Water Supply, and to pay all such fees for connection, rates or other charges to which I may be legally liable.

...................................
Signature of Applicant
(Applicant must be the owner of the premises
for which the connection is required)

Connection fee paid per R.R. No. .......................................... of / / .

_______

[SCHEDULE B

* * * * *

(Revoked by Legal Notice 23 of 1977.)]

_______

[SCHEDULE C

* * * * *

(Revoked by Legal Notice 88 of 1976.)]

______

SECTION 11-WATER SUPPLY BY-LAWS

BY-LAW 15-LIMITATION ON USE OF WATER
_______

WATER (LIMITATION) (NADI) ORDER

_______

TABLE OF PROVISIONS
_______

PARAGRAPH
1. Short Title
2. Limitation

----------------------------------------

Legal Notice No. 42 of 1981

Short title

1. This Order may be cited as the Water (Limitation) (Nadi) Order.

Limitation

2. The use of water from the Nadi Water Supply System for-

(a) the washing of all vehicles, boats, ships, or vessels, buildings, structures, roads, streets and yards:

Provided that this prohibition shall not apply to the use of water in the public interest, or for the maintenance of essential hygiene;

(b) the watering of crops, flowers, plants, trees, shrubs, rootcrops, lawns, fields, gardens, food gardens, orchards or plantations; or

(c) the filling of private swimming pools,

is prohibited.

______

SECTION 11-WATER SUPPLY BY-LAWS

BY-LAW 15-LIMITATION ON USE OF WATER
______

WATER (LIMITATION) (SIGATOKA) ORDER
______

TABLE OF PROVISIONS
______

PARAGRAPH
1. Short title
2. Limitation

--------------------------------

Legal Notice No. 129 of 1981

Short title

1. This Order may be cited as the Water (Limitation) (Sigatoka) Order.

Limitation

2. The use of water from the Sigatoka Water Supply System for-

(a) the washing of all vehicles, boats, ships, or vessels, buildings, structures, roads, streets and yards:

Provided that this prohibition shall not apply to the use of water in the public interest, or for the maintenance of essential hygiene;

(b) the watering of crops, flowers, plants, trees, shrubs, rootcrops, lawns, fields, gardens, food gardens, orchards or plantations; or

(c) the filling of private swimming pools,

is prohibited.

______

SECTION 11-WATER SUPPLY BY-LAWS

BY-LAW 15-LIMITATION ON USE OF WATER
______

WATER (LIMITATION) (VAILEKA) ORDER
______

TABLE OF PROVISIONS

PARAGRAPH
1. Short title
2. Limitation

-------------------------------------------

Legal Notice No. 130 of 1981

Short title

1. This Order may be cited as the Water (Limitation) (Vaileka) Order.

Limitation

2. The use of water from the Vaileka Water Supply System for-

(a) the washing of all vehicles, boats, ships, or vessels, buildings, structures, roads, streets and yards:

Provided that this prohibition shall not apply to the use of water in the public interest, or for the maintenance of essential hygiene;

(b) the watering of crops, flowers, plants, trees, shrubs, rootcrops, lawns, fields, gardens, food gardens, orchards or plantations; or

(c) the filling of private swimming pools, is prohibited.

______

SECTION 11-WATER SUPPLY (FREE ALLOWANCE) BY-LAWS
_______

TABLE OF PROVISIONS
_______

BY-LAW
1. Short title
2. Interpretation
3. Application
4. Amount of free allowance
5. Discontinuance of free allowance
6. Offences

--------------------------------------

Legal Notices Nos. 145 of 1955, 126 of 1978, 21 of 1979

Short title

1. These By-laws may be cited as the Water Supply (Free Allowance) By-laws.

Interpretation

2. In these By-laws, "free allowance" means a free allowance of water.

Application

3. Any person desirous of obtaining a free allowance under these By-laws shall-

(a) make application therefor in writing to the Commissioner; and

(b) give full particulars as to-

(i) the type of premises;

(ii) the purposes for which the premises are used;

(iii) the number of persons normally resident or attending such premises; and

(iv) the number and type of privies provided.

Amount of free allowance

4. The amount of the free allowance shall be determined by the Commissioner whose decision shall be final:

Provided however that no free allowance to any premises or institution shall exceed 900 cubic metres per annum.

(Amended by Legal Notice 126 1978.)

Discontinuance of free allowance

5.-(1) A free allowance to any institution or premises under these By-laws may be reduced or discontinued altogether, if the Commissioner is satisfied that the owner of the premises obtained such free allowance by giving false or inaccurate information to the Commissioner.

(2) The consumer to whom a free allowance has been granted under these By-laws shall notify the Commissioner-

(a) when the premises for which the supply has been granted have been demolished or removed; or

(b) where the nature of the premises has been changed.

Offences

6. Whosoever shall-

(a) obtain a free allowance by giving false or inaccurate information to the Commissioner; or

(b) fail to notify the Commissioner when-

(i) the premises for which the free allowance has been granted have been demolished or removed; or

(ii) the nature of the premises has been changed,

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $400 or to imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment.

(Amended by Legal Notice 21 of 1979.)

_______

SECTION 11-WATER SUPPLY (PIPES AND FITTINGS) BY-LAWS

_______

TABLE OF PROVISIONS
_______

BY-LAW
1. Short title
2. Interpretation
3. British Standard need not be strictly complied with provided fitting otherwise suitable
4. Application of by-laws
5. Exemption
6. Material of pipes
7. Pipes of lead and lead alloy
8. Jointing in lead and lead alloy pipes
9. Pipes of cast iron or asbestos cement
10. Material of wrought iron or steel
11. Pipes of copper
12. Bends or curves in pipes
13. Support of pipes
14. Protection of pipes
15. Protection of water fittings
16. Accessibility of water fittings
17. Provision of stopcocks
18. Stopcocks on storage cisterns
19. Taps and sluice valves
20. Ball valves
21. Valves on storage cisterns
22. Air holes in valves
23. Prohibition of ball valve in hot water storage cisterns
24. Pipes to be used only to convey Commissioner's water supply
25. Flushing pipe on water closet
26. Cisterns
27. Mild steel cisterns
28. Domestic cisterns to be kept free from risk of contamination
29. Ball valves to be fitted
30. Capacity of cisterns
31. Requirements for cold water storage cisterns not exceeding 1,000 gallons
32. Requirements for cold water storage cisterns exceeding 1,000 gallons
33. Storage cisterns to be above ground
34. Certain supplies to be controlled by bib tap or stopcock
35. Requirements for geysers, etc.
36. Mixing valves, etc., not to be supplied with cold water direct from service pipe

37. Hot water pipes

38. Hot water taps
39. Requirements for hot water cylinders or tanks
40. Minimum water levels in hot water system
41. Requirements for baths, lavatory basins, sinks, etc.
42. Requirements for flushing apparatus for water closets and urinals
43. Prevention of waste from standpipes
44. Prevention of waste from watering-troughs
45. Disconnection of water fittings
46. Notice to be given of alterations
47. Penalty

---------------------------------------------

Legal Notices Nos. 59 of 1955, 19 of 1979

Short title

1. These By-laws may be cited as the Water Supply (Pipes and Fittings) By-laws.

Interpretation

2. In these By-laws, unless the context otherwise requires-

"British Standard" means a standard or specification issued by the British Standards Institution, a copy of which is available for inspection at the offices of the Commissioner;

"capacity", in relation to a storage cistern, means the capacity of the cistern measured up to the water-line;

"corrosion-resisting alloy" means an alloy which-

(a) is highly resistant to corrosion by the water supplied by the Commissioner; and

(b) has a tensile strength of not less than 11 tons per square inch of sectional area;

"cylinder" means a cylindrical closed vessel capable of containing water under pressure greater than atmospheric pressure;

"feed cistern" means any storage cistern used for supplying cold water to a hot water apparatus;

"stopcock" includes stoptap, stopvalve and any other device for stopping the flow of water in a line of pipes at will;

"storage cistern" means any cistern, other than a flushing cistern, having a free water surface under atmospheric pressure from which water supplied by the Commissioner is delivered for use otherwise than through a draw-off tap fixed to the cistern;

"tank" means a non-cylindrical closed vessel capable of containing water under pressure greater than atmospheric pressure;

"temporary purpose", in relation to the use of any pipe, means building, demolition or constructional work during such period as the work is in progress or any other temporary purpose during a period not exceeding one month or such longer period, not exceeding 3 months, as the Commissioner may approve in any particular case;

"warning pipe" means an overflow pipe so fixed that its outlet end is in an exposed and conspicuous position where the discharge of any water therefrom may be readily seen;

"water-line", in relation to a cistern, means the top water level at which the cistern is designed to work.

British Standard need not be strictly complied with provided fitting otherwise suitable

3. Any requirements in these By-laws that a water fitting shall comply with a British Standard shall-

(a) extend only to so much of that Standard as relates to the size, nature, materials, strength and workmanship of such fitting; and

(b) be deemed to be satisfied, notwithstanding any departure from such Standard, if that departure does not adversely affect the efficiency or suitability of the fitting in relation to the purposes for which these By-laws are made.

Application of By-laws

4.-(1) A person shall not, for the purpose of conveying, delivering, receiving, or using water supplied by the Commissioner-

(a) use any water fitting which is of such a nature, or is so arranged or connected, as to cause or permit, or be likely to cause or permit, waste, undue consumption, misuse, erroneous measurement or contamination of water or reverberation in pipes;

(b) use any water fitting which is not in accordance with such of the particular requirements of these By-laws as may be applicable to it; nor

(c) arrange, connect, disconnect, alter or renew any water fitting in contravention of any requirement of these By-laws.

(2) These By-laws shall not apply so as to require any person to alter or renew any water fitting lawfully fixed at the date when these By-laws come into force or to provide any addition thereto unless such fitting is so defective or in such condition or position as to cause or be likely to cause waste, undue consumption, misuse, erroneous measurement or contamination of water supplied by the Commissioner, or reverberation in pipes.

Exemption

5. Where water supplied by the Commissioner is-

(a) discharged openly into a cistern from a point not less than 6 inches above the overflowing level thereof; and

(b) conveyed therefrom for use in some industrial or research process, the following by-laws shall not apply in relation to any water fitting supplied with water from such cistern as used solely in connection with such process, in so far as the nature of that process renders compliance with the said by-laws impracticable.

Material of pipes

6. Every pipe shall be of suitable material and of sufficient strength to withstand a test pressure not less than double the maximum pressure to which the pipe will be liable to be subjected under working conditions.

Pipes of lead and lead alloy

7. Every pipe of lead or lead alloy shall-

(a) comply-

(i) in the case of lead pipes-with British Standard 602: 1939 for lead pipes for other than chemical purposes; and

(ii) in the case of lead alloy pipes-

(A) with British Standard 603: 1941 for lead pipes (B.N.F. ternary alloy (No. 2)); or

(B) with British Standard 1085: 1946 for lead pipes (silver-copper lead alloy); and

(b) in any case, be of not less than the minimum weight per linear yard specified in the relevant Standard as appropriate for the maximum pressure to which the pipe will be liable to be subjected under working conditions.

Jointing in lead and lead alloy pipes

8.-(1) Every joint in a lead or lead alloy pipe shall be made by means of a water-tight wiped soldered joint of the type known as a plumber's joint or some other equally efficient and suitable water-tight joint.

(2) Where any water fitting is connected to a lead or lead alloy pipe by means of a wiped joint not less than l 1/4 inches of such fitting shall be included within the wiped joint.

Pipes of cast iron or asbestos cement

9. Every pipe of cast iron (vertically cast), spun cast iron or asbestos cement shall-

(a) be of sufficient strength to withstand a test pressure not less than double the pressure to which the pipe will be liable to be subjected under working conditions; and

(b) subject thereto, comply with the appropriate British Standard as shown hereunder:-

Material of pipe British Standard

Cast iron (vertically cast) ................ 78: 1938 for cast iron pipes (vertically cast) for water, gas and sewage.

Spun cast iron .................................. 1211: 1945 for centrifugally cast (spun) iron pipes for water, gas and sewage.

Asbestos cement.............................. 486: 1933 for asbestos cement pressure pipes.

Material of wrought iron or steel

10.-(1) Every pipe of wrought iron or steel shall-

(a) comply with-

(i) the requirements of pipes of steam (heavy) quality contained in British Standard 788: 1938 for wrought iron tubes and tubulars; or

(ii) the requirements for Class C pipes contained in British Standard 1387: 1947 for steel tubes and tubulars,

as the case may be; and

(b) be efficiently protected against external corrosion and, unless forming part of a closed circuit from which water is not drawn, against internal corrosion.

(2) Every malleable cast iron fitting used in connection with any such pipe shall comply with the relevant requirements of British Standard 143: 1938 or 1256: 1945 for malleable cast iron.

(3) Cast copper alloy pipe fittings shall be efficiently protected against external corrosion and, unless forming part of a closed circuit from which water is not drawn, against internal corrosion.

Pipes of copper

11.-(1) Every pipe of copper connected by means of screw joints shall comply with British Standard 61: Part 1: 1947 for copper tubes (heavy gauge) for general purposes and every screw thread used in connection with such joints shall comply with British Standard 61: Part 2: 1946 for screw threads for copper tubes.

(2) Copper alloy pipe fittings and copper alloy 3 piece unions for copper pipes screwed in accordance with Table 1 of British Standard 61: Part 2: 1946, shall comply respectively with British Standard 99: 1922 and British Standard 66: 1914.

(3) Cast copper alloy pipe fittings, for copper pipes screwed in accordance with Table 4 of British Standard 61: Part 2: 1946 shall comply with the relevant requirements of British Standard 143: 1938 or 1256: 1945 for malleable cast iron and cast copper alloy pipe fittings.

(4) Every pipe of copper to be connected by means of compression fittings or capillary fittings or by bronze or autogenous welding-

(a) if laid under the ground, shall comply with British Standard 1386: 1947 for copper tubes to be buried underground; and

(b) if not laid under the ground, shall comply with British Standard 659: 1944 for light gauge copper tubes.

(5) Every such capillary fitting or compression fitting shall comply with British Standard 864: 1945 for capillary fittings and compression fittings of copper or copper alloy for use with light gauge copper tube, and every such compression fitting on any pipe laid under the ground shall be of Type B.

Bends or curves in pipes

12. No bend or curve in any pipe shall be made so as materially to diminish the waterway or alter the internal diameter of the pipe in any part.

Support of pipes

13. Every pipe shall be adequately supported and shall be so aligned as to avoid air locks.

Protection of pipes

14.-(1) Every pipe laid under the ground shall be reasonably protected from corrosion and risk of injury and, when not beneath a building, shall, where practicable, be not less than 18 inches below the surface of the ground:

Provided that this by-law shall not apply to any pipe which is used only for a temporary purpose.

(2) No pipe shall be-

(a) laid so as to pass into or through any sewer, drain, or cesspool, or any man-hole connected therewith, or into or through any ash pit or manure pit; or

(b) except where unavoidable, shall not be laid through or allowed to remain in contact with any foul soil or any material of such a nature that it would be likely to cause undue deterioration of such pipe.

(3) Where the laying of any such pipe through foul soil or injurious material cannot be avoided, the pipe shall be sufficiently protected from contact with such soil or material, either by being carried through an exterior corrosion-resisting tube or by some other suitable means.

Protection of water fittings

15. Every water fitting, other than a warning pipe or other overflow pipe, laid or fixed in such a position, whether inside or outside a building, as to render it liable to damage shall be reasonably protected from such damage or injury.

Accessibility of water fittings

16. Every water fitting within a building shall, so far as is reasonably practicable, be so placed as to be readily accessible for examination, repair or replacement.

Provision of stopcocks

17.-(1) In addition to any stopcock fitted by the Commissioner every service pipe supplying water to any building, or to any part of a building the supply to which is separately chargeable, shall be fitted with a stopcock inside, and as near as practicable to the point of entry of such pipe into the building or part thereof.

(2) Where the last mentioned stopcock has an internal diameter of less than 2 inches, it shall comply with the requirements for stoptaps contained in British Standard 1010; 1944 for bib, pillar, globe and stoptaps.

(3) Where the said stopcock has an internal diameter of more than 2 inches, it shall comply with British Standard 1218: 1946 for sluice valves for waterworks purposes.

(4) Where the said stopcock has an internal diameter of 2 inches, it shall conform with the requirements of one or other of paragraphs (2) and (3).

Stopcocks on storage cisterns

18. A stopcock shall be fitted on every outlet pipe, other than a warning pipe, from a storage cistern, and as near to the cistern as practicable.

Taps and sluice valves

19.-(1) Every bib, pillar, globe and stoptap of the ordinary screw-down pattern and of a nominal size not exceeding 2 inches shall comply with British Standard 1010: 1944 for such taps.

(2) Every bib, pillar, globe and stoptap, not being of the ordinary screw-down pattern, shall be capable of resisting a pressure of at least 300 pounds to the square inch, and every valve, spindle, and other internal part and, where the nominal size of the tap does not exceed 2 inches, the body thereof, shall be made of a corrosion-resisting alloy:

Provided that the requirements herein contained, with regard to pressure shall not apply to a control valve on a closed circuit from which water is not drawn.

(3) Every sluice valve of a nominal size of 2 inches or more shall comply with British Standard 1218: 1946 for sluice valves for waterworks purposes of Class 1 or Class 2 according to the pressure to which the valve will be liable to be subjected under working conditions.

Ball valves

20.-(1) Every ball valve of the "Portsmouth" type and of a nominal size not exceeding 2 inches shall comply with British Standard 1212: 1946 for such ball valves.

(2) Every ball valve, not being of the "Portsmouth" type, shall be sound and suitable and comply with the following requirements: -

(a) every high pressure valve shall close against a test pressure of 200 pounds to the square inch, every medium pressure valve shall close against a test pressure of 100 pounds to the square inch, and every low pressure valve shall close against a test pressure of 40 pounds to the square inch, and-

(i) every such valve, not being a valve having an interchangeable orifice seating, shall have the letters "H.P.", "M.P.", or "L.P." respectively cast or stamped on the body of the fitting; and

(ii) every valve shall, while held in the closed position, be capable of resisting a pressure of 300 pounds to the square inch;

(b) every valve of the piston type shall be provided with a washer of suitable vulcanized rubber, or some other equally suitable material, and, for valves of nominal sizes not exceeding 2 inches, the washer shall be enclosed in an internally flanged cap screwed to the position;

(c) for every valve of a nominal size not exceeding 2 inches-

(i) the body and the piston shall be of a corrosion-resisting alloy;

(ii) the lever shall be a corrosion-resisting alloy or of copper and shall be of sufficient rigidity not to bend permanently under working conditions; and

(iii) the float shall comply with the requirements of British Standard 1212: 1946;

(d) every valve of ferrous metal of a nominal size exceeding 2 inches shall-

(i) be provided with a flange on its inlet complying with British Standard 78: 1938, Appendix A, Table C;

(ii) be protected against corrosion by dipping in accordance with the requirements of British Standard 1218: 1946 or by galvanizing in accordance with the requirements of British Standard 1387: 1947; and

(iii) have all its working surfaces lined or faced with, and its orifice seating of, a corrosion-resisting alloy.

(3) Every ball valve, when fixed to a cistern, shall have the size of the orifice, the size of the float and the length of the lever so proportioned to one another that, when the float is immersed to an extent not exceeding half its volume, the ball valve shall be water-tight against the higher pressure at which it may be required to work.

Valves on storage cisterns

21. Every ball valve or float-operated valve fitted to a storage cistern shall be-

(a) securely and rigidly fixed thereto above the water-line; and

(b) supported independently of the inlet pipe (unless such inlet pipe is itself rigid and rigidly fixed to the cistern) in such a position that no part of the body of the valve will be submerged when the cistern is charged to its overflowing level.

Air holes in valves

22. Where a ball valve or float-operated valve is provided with a pipe so arranged as to discharge water into a cistern below its overflowing level, an air hole shall be provided in the outlet chamber of the valve above such level of a size sufficient to prevent siphonage of water back through the valve.

Prohibition of ball valve in hot water storage cisterns

23. No ball valve shall be fitted to a hot water storage cistern.

Pipes to be used only to convey Commissioner's water supply

24.-(1) No service pipe or cistern used for the reception or conveyance of water supplied by the Commissioner shall be used, or so connected that it can be used, for the reception or conveyance of any water other than that supplied by the Commissioner:

Provided that, where the water supplied from the Commissioner's mains to any cistern is discharged into the air not less than 6 inches above the top edge thereof, this by-law shall not apply to such cistern or to any pipe leading therefrom.

(2) For the purpose of this by-law, water supplied by the Commissioner shall, after being used for any purpose, be deemed to be water not so supplied.

Flushing pipe on water closet

25. No pipe, other than a flushing pipe leading from a flushing apparatus, shall deliver water to the pan of any water closet or to any urinal.

Cisterns

26. Every storage cistern shall be water-tight, of adequate strength, properly supported and shall be constructed of suitable material.

Mild steel cisterns

27. Every storage cistern of mild steel and having a capacity not exceeding 1,000 gallons shall comply with the requirements for grade A or B cisterns contained in British Standard 417: 1944 for galvanized mild steel cisterns, tanks and cylinders.

Domestic cisterns to be kept free from risk of contamination

28. No storage cistern used in connection with a supply of water for domestic purposes shall be placed in such a position as to render the water therein liable to contamination, and every such cistern shall be-

(a) suitably covered, but not so as to be air-tight; and

(b) so placed and fitted that the interior thereof can be readily inspected and cleansed.

Ball valves to be fitted

29. The inlet pipe of every flushing cistern or range of flushing cisterns, not being automatic flushing cisterns, and of every storage cistern or range of storage cisterns, shall be fitted with a ball valve, a float-operated valve or some other effective means of controlling the inflow of water so designed as to prevent overflow.

Capacity of cisterns

30.-(1) Every storage cistern not used as a feed cistern shall have a capacity of not less than 25 gallons, and if used both as a feed cistern and as a storage cistern for other purposes, shall have a capacity of not less than 50 gallons.

(2) Every feed cistern supplying cold water to a hot water cylinder or tank not forming part of a self-contained water heating apparatus shall have a capacity of not less than 25 gallons.

Requirements for cold water storage cisterns not exceeding 1,000 gallons

31. Every cold water storage cistern of a capacity not exceeding 1,000 gallons and every flushing cistern shall comply with the following requirements:-

(a) it shall be fitted with an efficient warning pipe and with no other overflow pipe;

(b) the internal diameter of the warning pipe shall be greater than the internal diameter of the inlet pipe and in no case less than 3/4’’; and

(c) the overflowing level of the warning pipe shall be set-

(i) below the top edge of the cistern at a distance of not less than twice the diameter of the warning pipe; and

(ii) above the water line at a distance of not less than one inch or not less than the internal diameter of the warning pipe, whichever is the greater.

Requirements for cold water storage cisterns exceeding 1,000 gallons

32. Every cold water storage cistern of a capacity exceeding 1,000 gallons shall comply with the following requirements-

(a) it shall be fitted with an efficient overflow pipe, and, if such overflow pipe is not a warning pipe, shall also be fitted with an efficient warning pipe or some other effective device so arranged as to indicate when the water in the cistern reaches a level not less than 2 inches below the overflowing level of the overflow pipe;

(b) where a warning pipe, but no other overflow pipe, is fitted the warning pipe shall comply with the requirements of (b) and (c) of by-law 32; and

(c) where both a warning pipe and an overflow pipe other than a warning pipe are fitted, the internal diameter of the warning pipe shall be not less than one inch.

Storage cisterns to be above ground

33. No storage cistern shall be buried or sunk in the ground:

Provided that this by-law shall not apply if-

(a) the water to be stored in the cistern is supplied by meter and is discharged into the air not less than 6 inches above the top edge of the cistern; and

(b) the cistern is fitted with an efficient warning pipe or other effective device as required by by-law 32 or by-law 33, as the case maybe.

Certain supplies to be controlled by bib tap or stopcock

34. Where any boiler, geyser or other hot water apparatus, or any gas producer, gas engine, oil engine or other apparatus in or by which water supplied by the Commissioner is heated, is not supplied with cold water from a feed cistern, the supply shall be controlled by a bib tap or stopcock and shall not be connected directly to the water contained in the apparatus but shall be discharged into the air above the overflowing level of the apparatus:

Provided that this by-law shall not apply in the case of-

(a) a thermostatically controlled electric storage water heater of a capacity not exceeding 3 gallons;

(b) a gas geyser or multipoint heater of a capacity not exceeding 3 gallons, fitted with an inlet valve automatically controlling both gas and water so that no gas can be released (otherwise than through a by-pass) by the apparatus unless water is flowing through the geyser or heater, and not fitted with a packed gland or spindle through which any leakage between the gas and water spaces could occur, if-

(i) in either case, the apparatus is not thereby subjected to a working pressure higher than that for which it is designed; and

(ii) every draw-off point is in the open air above the overflowing level of any bath, lavatory basin, sink, or other appliance supplied therefrom.

Requirements for geysers, etc.

35.-(1) No geyser or other hot water apparatus connected to a service pipe shall have any connection on its outlet side with any water fitting containing water supplied otherwise than through the geyser or other hot water apparatus.

(2) Where cold water is supplied to any geyser or other hot water apparatus from a feed cistern-

(a) the outlet from the cistern to such apparatus shall be 2 inches above the bottom of the cistern, or such greater distance as may be made necessary by the mode of construction of the cistern; and

(b) water shall be delivered therefrom to the hot water apparatus only.

(3) Where a feed cistern, in addition to supplying cold water to a geyser or other hot water apparatus, is used as a storage cistern for other purposes, any outlet for those other purposes shall be at the same level as the outlet to the hot water apparatus.

Mixing valves, etc., not to be supplied with cold water direct from service pipe

36. No mixing valve or combination tap assembly in which hot water and cold water are mixed, other than any such valve assembly forming part of an electric or gas water heater permitted by by-law 35 to be connected directly to a service pipe, shall be supplied with cold water directly from a service pipe.

Hot water pipes

37. Every pipe used for conveying hot water shall be of galvanized steel or galvanized wrought iron, lead, copper or of some corrosion-resisting alloy:

Provided that this by-law shall not prohibit the use of-

(a) cast iron pipes of not less than 2 inches internal diameter, if suitable provision for their expansion is made; or

(b) non-galvanized steel or wrought iron pipes, if they form part of a closed circuit from which water is not drawn.

Hot water taps

38. No tap used for the purpose of drawing hot water shall be fixed at a greater distance (measured along the axis of the pipe by which the tap is supplied) from a hot water apparatus or hot water cistern, cylinder or tank, or from a flow and return system, than the distance appropriate to the largest internal diameter of any part of the said pipe as shown in the following table:-

TABLE

Requirements for hot water cylinders or tanks

39.-(1) Every hot water cylinder or tank not forming part of self-contained water heating apparatus shall be-

(a) of such a size that it will hold not less than 25 gallons;

(b) constructed of suitable material; and

(c) adequately supported:

Provided that, in the case of a hot water system comprising more than one hot water cylinder or tank at different levels, the requirements of this by-law as to size shall apply only to the lowest cylinder or tank.

(2) Every hot water cylinder or tank of such a size that it will hold not less than 25 gallons shall-

(a) if made of mild steel, comply with the requirements for cylinders or tanks, as the case may be, of British Standard 417: 1944 for galvanized mild steel cisterns, tanks and cylinders; and

(b) if made of copper, comply with British Standard 699: 144 for copper cylinders for domestic purposes (grades 1, 2 and 3).

Minimum water levels in hot water system

40. No tap or other means of drawing water (other than a tap with a removable key for emptying the system for cleaning or repair) shall be connected to any part of a hot water system below the top of the hot water storage cistern, cylinder or tank in such a way that the level of the water in the cistern, cylinder or tank can be lowered more than one-fourth of its depth:

Provided that-

(a) in the case of hot water systems in which water is heated only by thermostatically controlled gas or electricity and the storage cistern, cylinder or tank has a capacity of not less than 200 gallons, this by-law shall apply with the substitution of the fraction "three-fourths" for the fraction "one-fourth";

(b) in the case of a hot water system comprising more than one hot water cylinder or tank at different levels, this by-law shall apply only to the lowest cylinder or tank;

(c) this by-law shall not apply in the case of an open vessel in which water is directly heated.

Requirements for baths, lavatory basins, sinks etc.

41.-(1) Every inlet to a fixed bath, lavatory basin or sink shall be distinct from, and unconnected with, any outlet therefrom and every outlet for emptying such bath, lavatory basin, or sink shall be provided with a well-fitting and easily accessible watertight plug or some other equally suitable apparatus.

(2) Such bath, basin or sink shall also be provided with an overflow.

(3) The level of the point of discharge of the hot or cold water to a fixed bath, lavatory basin, or sink shall be above the level of the overflow.

Requirements for flushing apparatus for water closets and urinals

42.-(1) Every water closet and every urinal shall be provided with a flushing cistern or with some other equally efficient and suitable flushing apparatus.

(2) Every flushing cistern serving a water closet shall be so designed as to give a flush of 2 gallons, with a permitted variation of plus or minus 5 per cent and, subject thereto, shall comply with British Standard 1125: 1945 for water closet flushing cisterns.

(3) Every hand operated flushing cistern serving a urinal shall be so designed as to give a flush of one gallon per stall or per 2 feet, 3 inches width of stab, with a permitted variation of plus or minus 5 per cent and, subject thereto, shall comply with British Standard 1125: 1945 for water closet flushing cisterns.

Prevention of waste from standpipes

43. Every standpipe which is used by the occupants of more than one house shall be provided with a non-concussive self-closing or other suitable waste-preventing tap.

Prevention of waste from watering troughs

44. Every pipe supplying water to a watering-trough for animals shall be fitted with a ball valve or some other effective means of controlling the inflow of water, so designed as to prevent overflow, fixed in a separate compartment and protected by a cover.

Disconnection of water fittings

45. Where any water fitting is to be permanently disconnected, so much of any pipe which supplies water to that fitting only and is not required to supply water to any other fitting, shall also be disconnected.

Notice to be given of alterations

46. Before fixing or altering (otherwise than by way of repair or renewal) any water fitting in connection with any existing supply of water from the Commissioner, a person shall give to the Commissioner at least 3 days' notice in writing of his intention so to do.

Penalty

47. Any person who contravenes any of the provisions of paragraph (1) of by-law 4 shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding $400 or to imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment.

(Substituted by Legal Notice 19 of 1979.)

________

SECTION 11-WATER SUPPLY (SHIPPING) BY-LAWS
________

TABLE OF PROVISIONS
________

BY-LAW

1. Short title
2. Readings of existing meters
3. Charge to ships
4. Repeal

________

Legal Notice No. 33 of 1984

Short title

1. These By-laws may be cited as the Water Supply (Shipping) By-Laws.

Readings of existing meters

2. The charges fixed by these By-laws shall apply in respect of all readings of existing meters made on or after 1 April 1984.

Charge to ships

3. The charge for water supplied to ships is -

(a) in respect of a Fiji registered ship - either -

(i) 31.80 cents a cubic metre or part of a cubic metre; or

(ii) 31.80 cents a tonne (of 1000 litres) or part of a tonne, whichever shall apply, as measured by meter or otherwise determined by the Commissioner for Water Supply; and

(b) in respect of other ships - either -

(i) $1.41 a cubic metre or part of a cubic metre; or

(ii) $1.41 a tonne (of 1000 litres) or part of a tonne, whichever shall apply, as measured by meter or otherwise determined by the Commissioner for Water Supply.

Repeal

4. The Water Supply (Shipping) By-Laws 1980 (published as Legal Notice No. 157 of 1980) are repealed.

_________

SECTIONS 11 and 12 - WATER SUPPLY (TEMPORARY OR EMERGENCY SUPPLY) BY-LAWS
_________

TABLE OF PROVISIONS
_________

BY-LAW
1. Short title
2. Calculation of water used
3. Application
4. Fees

Schedule-Application for Temporary Connection

_____________

Legal Notices Nos. 35 of 1956, 47 of 1978, 85 of 1978,
126 of 1978, 184 of 1979, 156 of 1980, 32 of 1984

Short title

1. These By-laws may be cited as the Water Supply (Temporary or Emergency Supply) By-laws.

Calculation of water used

2. In the case of unmetered emergency or temporary supplies, the measure-ment of water supplied shall be calculated as follows:-

(a) where the premises supplied with the emergency or temporary supply have, during the preceding 6 months, been supplied with a metered supply of water for one or more continuous periods of 30 or more days, the calculation of water supplied under the emergency or temporary supply shall be made on the assumption that the daily supply under the emergency or temporary supply equals the daily average of water supplied during the most recent of the continuous periods aforesaid;

(b) in cases other than those referred to in paragraph (a), the calculation shall be based upon the assumption that the daily supply is as follows:-

(i) Domestic Supply ......... 225 litres for each person resident on the premises.

(ii) Trade Supply ............ 115 litres for each person employed on the premises.

(iii) Building Supply ........ 20 litres per $2 of the estimated cost of the works.
(Amended by Legal Notice 126 of 1978.)

Application

3. Any person desirous of obtaining a temporary supply shall make application on the printed form contained in the Schedule which may be obtained from the Commissioner of Water Supply.

Fees

4.-(1) The application form for a temporary supply shall be accompanied by a fee of $12 which will be returned if, for any reason, the application is refused.

(Amended by Legal Notice 47 of 1978; 85 of 1978; 184 of 1979; 156 of 1980; 32 of 1984.)

(2) The kind, size and position of the connection shall be determined by the Commissioner.

(3) Where the application is granted, the applicant shall pay a further fee as determined in each case by the Commissioner.

(4) Upon the removal of the connection, the Commissioner shall return to the applicant any part of the fee referred to in paragraph (3) in excess of the cost to the Commissioner of installing and removing the connection.

________

SCHEDULE
(By-law 3)
________

APPLICATION FOR TEMPORARY CONNECTION

Leading No. [to be filled in by the Commissioner of Water Supply]

To the Commissioner of Water Supply.

I, ................... of ....................... , do hereby apply for a temporary connection to be made from the public water supply to the premises at [give block, lot and street].

Purpose for which water is to be used [Domestic, trade, building].

Usual number of person resident or ............................................ working on premises.

Estimated total cost of works [to be filled in only in the case of a building
supply.]

I hereby agree to conform with all Regulations and By-laws now in force or hereafter lawfully prescribed by the Commissioner and to pay all such fees for connection, rates, meter rents, or other charges to which I may be legally liable.

Signature of Applicant.

To be filled in by the Commissioner of Water Supply.
Main off which connection is to be given.
Size of connection.
Length of pipe.
Metered or unmetered.
Cost of connection.
Date when water turned off.
Date of disconnection.

________

SECTION 13-CHARGES FOR SUPPLY OF WATER
________

Legal Notice No. 30 of 1984*

The charges set out in the Schedule are the charges fixed for the supply of water by the Public Works Department or its successors, for the different purposes referred to in the Schedule, in all areas to which metered water supplies are provided with effect from 1 April 1984 and in respect of all readings of existing meters made on or after that date.

_______

SCHEDULE

DOMESTIC PURPOSES ONLY

NON-DOMESTIC PURPOSES

31.8 cents a cubic metre or part of a cubic metre consumed in a quarter of a year.

* This Notice replaces Legal Notice No. 159 of 1980.

_______

SECTION 19-WATER SUPPLY (SHIPPING) (EXEMPTION) ORDER

_______

TABLE OF PROVISIONS
_______

PARAGRAPH
1. Short title
2. Exemption

_______

Legal Notice No. 29 of 1967

Short title

1. This Order may be cited as the Water Supply (Shipping) (Exemption) Order.

Exemption

2. All Her Majesty's ships of war and all ships of war of any foreign power and fleet auxiliaries of Her Majesty or of any foreign power are exempted from the payment of any charge for water supplied to such ships or fleet auxiliaries.

Controlled by Ministry of Communications Transport and Works

----------------------------------------