O. Reg. 459/16: SCHOOLS, PRIVATE SCHOOLS AND DAY NURSERIES

filed December 15, 2016 under Safe Drinking Water Act, 2002, S.O. 2002, c. 32

ontario regulation 459/16

made under the

Safe Drinking Water Act, 2002

Made: December 14, 2016
Filed: December 15, 2016
Published on e-Laws: December 16, 2016
Printed in The Ontario Gazette: December 31, 2016

Amending O. Reg. 243/07

(SCHOOLS, PRIVATE SCHOOLS AND DAY NURSERIES)

1. The title to Ontario Regulation 243/07 is revoked and the following substituted:

Schools, Private Schools and Child Care Centres

2. (1) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“child care centre” means a child care centre as defined in the Child Care and Early Years Act, 2014;

(2) The definition of “day nursery” in subsection 1 (1) of the Regulation is revoked.

(3) Section 1 of the Regulation is amended by adding the following subsections:

(1.0.1) For the purposes of this Regulation, a filter or other device that treats water is certified for lead reduction if,

(a) the filter, the device or the packaging on the filter or device bears a mark indicating that the filter or device is certified by NSF International to one of the standards listed in subsection (1.0.2), as the standard reads on the date the filter or device is manufactured; and

(b) lead is listed on the filter, the device or the packaging as one of the contaminants that will be reduced.

(1.0.2) The following standards are the standards mentioned in the definition of “certified for lead reduction” in subsection (1.0.1):

1. NSF/ANSI 53: Drinking Water Treatment Units - Health Effects.

2. NSF/ANSI 58: Reverse Osmosis Drinking Water Treatment Systems.

3. NSF/ANSI 62: Drinking Water Distillation Systems.

(4) Subsection 1 (3) of the Regulation is revoked and the following substituted:

(3) For the purposes of this Regulation, a child care centre is open on a day if, at any time during that day, any of the children cared for is present in the child care centre.

3. Section 2 of the Regulation is amended by striking out “a school, private school or day nursery that obtains water from a drinking water system” and substituting “a school, private school or child care centre that obtains water from a drinking water system”.

4. (1) Subsections 3 (1), (2) and (2.1) of the Regulation are revoked and the following substituted:

Weekly flushing

(1) This section applies to a school, private school or child care centre to which section 4 does not apply.

(2) The operator of a school, private school or child care centre to which this section applies shall ensure that,

(a) the plumbing is flushed on the first day that the school, private school or child care centre is open in each week; and

(b) the flushing is completed before the school, private school or child care centre opens for the day.

(2.1) The flushing requirement in subsection (2) does not apply to the following:

1. The plumbing in a part of a building that is not open for the entire week.

2. The plumbing in a part of a building that is used for student accommodation and that is not used communally.

3. A drinking water fountain or tap that is primarily intended for use by the general public.

(2) Paragraph 1 of subsection 3 (3) of the Regulation is revoked and the following substituted:

1. The cold water must be turned on for at least five minutes at the last tap on each branch or each run of pipe in the plumbing that serves a drinking water fountain or a tap described in paragraph 5 of subsection 5 (2). This rule applies to each building with plumbing that serves such a drinking water fountain or tap.

(3) Paragraph 3 of subsection 3 (3) of the Regulation is revoked and the following substituted:

3. After complying with paragraph 1, the cold water must be turned on for at least 10 seconds at every drinking water fountain and every tap described in paragraph 5 of subsection 5 (2), unless one of the following circumstances exists:

i. Test results from the first litre of the most recent set of water samples taken from the fountain or tap show lead levels at or below one microgram per litre.

ii. A filter or other device that treats water and is certified for lead reduction is installed on or near the fountain or tap, treated water from the fountain or tap has been sampled and tested for lead at least once after the installation since June 7, 2007, and the test results show lead levels from the first litre of water at or below one microgram per litre.

(4) Subsection 3 (4) of the Regulation is revoked and the following substituted:

(4) The operator of a school, private school or child care centre shall ensure that a record is made of the date, time and location of every flushing required by subsection (2) and the name of the person who performed the flushing.

(5) Subsection 3 (5) of the Regulation is amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

5. (1) Subsections 4 (1), (2) and (2.1) of the Regulation are revoked and the following substituted:

Daily flushing

(1) This section applies to a school, private school or child care centre if,

(a) all or part of the plumbing that serves the building that houses the school, private school or child care centre was installed before January 1, 1990 and test results from drinking water samples taken in respect of the plumbing in accordance with this Regulation have not been obtained for a period of at least 24 consecutive months; or

(b) for a period of at least 24 consecutive months, test results in respect of the plumbing in the building that houses the school, private school or child care centre have been obtained, and at least one of the test results from the second litre of any single set of samples obtained within the most recent 24 consecutive month period has exceeded the standard prescribed for lead.

(2) The operator of a school, private school or child care centre to which this section applies shall ensure that,

(a) the plumbing is flushed every day that the school, private school or child care centre is open; and

(b) the flushing is completed before the school, private school or child care centre opens for the day.

(2.1) The flushing requirement in subsection (2) does not apply to the following:

1. The plumbing in a part of a building that is not open during any of the days on which the school, private school or child care centre is open.

2. The plumbing in a part of a building that is used for student accommodation and that is not used communally.

3. A drinking water fountain or tap that is primarily intended for use by the general public.

(2) Paragraph 1 of subsection 4 (3) of the Regulation is amended by striking out “that is commonly used to provide water for consumption by children under 18 years of age” at the end and substituting “described in paragraph 5 of subsection 5 (2)”.

(3) Paragraph 3 of subsection 4 (3) of the Regulation is revoked and the following substituted:

i. Test results from the first litre of the most recent set of water samples taken from the fountain or tap show lead levels at or below one microgram per litre.

(4) Subsection 4 (4) of the Regulation is revoked and the following substituted:

(5) Subsection 4 (5) of the Regulation is amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

6. Section 4.1 of the Regulation is amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

7. (1) Subsection 5 (2) of the Regulation is amended by striking out “day nursery” in the portion before paragraph 1 and substituting “child care centre”.

(2) Paragraphs 1 and 2 of subsection 5 (2) of the Regulation are amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

(3) Paragraph 4 of subsection 5 (2) of the Regulation is revoked.

(4) Paragraphs 5 and 5.1 of subsection 5 (2) of the Regulation are revoked and the following substituted:

5. The samples must be taken from,

i. any drinking water fountain, or

ii. any tap that is used in the preparation of food or drink for children under 18 years of age or to provide drinking water for consumption by children under 18 years of age.

5.1 In the case of a child care centre or in the case of a school or private school in which instruction is given in the primary division within the meaning of the Education Act, at least one set of two one-litre samples must be taken before January 1, 2020 from every drinking water fountain and tap that meets the description set out in paragraph 5. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007.

5.1.1 At least one third of the drinking water fountains and taps required to be sampled under paragraph 5.1 must be sampled in 2017 and at least the second third of the drinking water fountains and taps required to be sampled under paragraph 5.1 must be sampled in 2018.

5.1.2 In the case of a school or private school to which paragraph 5.1 does not apply, at least one set of two-litre samples must be taken before January 1, 2022 from every drinking water fountain and tap that meets the description set out in paragraph 5. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007.

(5) Paragraph 5.2 of subsection 5 (2) of the Regulation is revoked.

(6) Paragraph 5.3 of subsection 5 (2) of the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

5.3 If more than one school, private school or child care centre is served by the same plumbing, a single set of two one-litre samples may be taken for the purposes of paragraph 2.1 for all of the schools, private schools or child care centres if,

(7) Subparagraph 5.3 i of subsection 5 (2) of the Regulation is revoked and the following substituted:

i. every drinking water fountain and tap described in paragraph 5 and served by the same plumbing has been sampled before the applicable deadlines in paragraph 5.1, 5.1.1 or 5.1.2. This requirement is satisfied if at least one set of two one-litre samples from every drinking water fountain and tap described in paragraph 5 was taken on or after June 7, 2007.

(8) Subparagraph 5.3 ii of subsection 5 (2) of the Regulation is revoked.

(9) Subparagraphs 5.3 iii, iv and v of subsection 5 (2) of the Regulation are revoked and the following substituted:

iii. the operator of the school, private school or child care centre who receives a report under subsection 6 (1) gives a report within 24 hours after the report is received to every other school, private school or child care centre that is relying on the same single set of samples, setting out the result that requires the report and the standard prescribed by Schedule 2 to Ontario Regulation 169/03 (Ontario Drinking Water Quality Standards) made under the Act that the result exceeds, and

iv. the operator of a school or a child care centre who receives a copy of a report under subparagraph iii gives a copy of the report, within 24 hours after the report is received, to the Ministry of Education, or any successor of that ministry.

(10) Paragraph 6 of subsection 5 (2) of the Regulation is revoked and the following substituted:

6. If there is more than one drinking water fountain or tap described in paragraph 5 and one of those fountains or taps is more likely than the others to be served by lead plumbing or plumbing that contains lead solder, at least one set of samples must be taken from the fountain or tap that is most likely to be served by lead plumbing or plumbing that contains lead solder before any samples are taken from other fountains or taps. This requirement is satisfied if at least one set of samples was taken from the fountain or tap that is most likely to be served by lead plumbing or plumbing that contains lead solder on or after June 7, 2007.

(11) Paragraph 6.1 of subsection 5 (2) of the Regulation is revoked and the following substituted:

6.1 If one or more drinking water fountains or taps described in paragraph 5 is installed after the applicable deadline in paragraph 5.1 or 5.1.2, at least one set of samples must be taken from every fountain and tap that has yet to be sampled before any required samples are taken from fountains or taps that have already been sampled.

6.2 If a filter or other device that treats water and is certified for lead reduction is installed on or near the drinking water fountain or tap, the operator of the school, private school or child care centre shall ensure that,

i. water from the drinking water fountain or tap has been sampled and tested for lead at least once following the installation, and the test results show lead levels from the first litre of treated water at or below one microgram per litre,

ii. the filter or device is properly maintained and filter cartridges are replaced at least as frequently as set out in the instructions provided by the device’s manufacturer, and

iii. a record is made of the date, time and location of every maintenance activity and filter cartridge replacement and of the name of the person who carried it out.

6.3 The requirement in subparagraph 6.2 i is satisfied in respect of a filter or other device that was installed before the day 459/16 comes into force if water from the drinking water fountain or tap on which or near which the filter or other device was installed was sampled after installation and on or after June 7, 2007.

(12) Subparagraph 7 iii of subsection 5 (2) of the Regulation is amended by adding “in accordance with” before “section 3”.

(13) Subsection 5 (2) of the Regulation is amended by adding the following paragraph:

8.1 Despite paragraphs 7 and 8, more than one set of samples may be taken on the same day if the first litres of all sets of water samples are taken before any of the second litres is taken from any set of samples.

(14) Paragraph 12 of subsection 5 (2) of the Regulation is amended by striking out “day nursery” and substituting “child care centre”.

(15) Clauses 5 (2.1) (a) and (b) of the Regulation are revoked and the following substituted:

(a) for a period of at least 24 consecutive months, test results in respect of the plumbing in the buildings that house the school, private school or child care centre have been obtained, and none of the test results from the most recent 24 consecutive months has exceeded the standard prescribed for lead;

(b) every drinking water fountain and every tap described in paragraph 5 of subsection (2) in the school, private school or child care centre has been sampled at least once since June 7, 2007; and

(16) Clause 5 (2.1) (c) of the Regulation is revoked.

(17) Clause 5 (2.1) (d) of the Regulation is amended by striking out “clauses (a), (b) and (c)” and substituting “clauses (a) and (b)”.

(18) Section 5 of the Regulation is amended by adding the following subsection:

(2.1.1) Despite paragraphs 5.1 to 5.1.2 of subsection (2), the following rules apply with respect to schools, private schools or child care centres that commence operation on or after the day 459/16 comes into force:

1. A school, private school or child care centre that meets the description in paragraph 5.1 of subsection (2) must take the samples described in that paragraph within three years after it commences operation.

2. A school, private school or child care centre that meets the description in paragraph 5.1.2 of subsection (2) must take the samples described in that paragraph within five years after it commences operation.

(19) Subsection 5 (2.2) of the Regulation is revoked and the following substituted:

(2.2) Subject to subsection (2.7), if the Director gives a direction in writing to the operator of a school, private school or child care centre in respect of which subsection (2.1) applies,

(a) subsection (2.1) ceases to apply in respect of the school, private school or child care centre; and

(b) the operator of the school, private school or child care centre shall comply with the direction.

(20) Subsections 5 (2.3) to (6) of the Regulation are amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

8. Section 5.1 of the Regulation is amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

9. (1) Clause 6 (1) (a) of the Regulation is amended by striking out “day nursery” and substituting “child care centre”.

(2) Subsection 6 (6) of the Regulation is amended by,

(a) striking out “day nursery” in the portion before clause (a) and substituting “child care centre”;

(b) adding “and” at the end of clause (b); and

(c) the Ministry of Education, or any successor of that ministry, if the report relates to a school or a child care centre.

10. (1) Subsection 7 (1) of the Regulation is revoked and the following substituted:

Corrective action

(1) If a report is made under section 6, the operator of the school, private school or child care centre shall immediately render the drinking water fountain or tap from which the water sample was taken inaccessible for use by children under 18 years of age until the issue that gave rise to the report is resolved or, if alternate steps are directed by the medical officer of health, shall ensure those steps are taken until the issue that gave rise to the report is resolved.

(2) Subsection 7 (2) of the Regulation is amended by striking out “day nursery” in the portion before clause (a) and substituting “child care centre”.

(3) Clauses 7 (2) (c) and (d) of the Regulation are revoked and the following substituted:

(c) the Ministry of Education, or any successor of that ministry, if the report relates to a school or a child care centre; and

(4) Clause 7 (2) (e) of the Regulation is amended by striking out “every school, private school or day nursery that is relying” and substituting “every school, private school or child care centre that is relying”.

(5) Section 7 of the Regulation is amended by adding the following subsections:

(3) If a report is made under section 6 with respect to lead content in a water sample, the issue that gave rise to the report shall not be considered to be resolved until,

(a) test results from the second litre of the most recent set of water samples taken from the drinking water fountain or tap show lead levels that do not exceed the standard prescribed for lead;

(b) a filter or other device that treats water and that is certified for lead reduction is installed on or near the drinking water fountain or tap, water from the fountain or tap has been sampled and tested for lead at least once since the report was made, and the test results from the first litre of treated water show lead levels at or below one microgram per litre; or

(4) Despite subsection (3), if the medical officer of health directs that any additional or alternative steps be taken, the issue that gave rise to the report shall not be considered to be resolved until all of the additional or alternative steps have been completed.

(5) The following rules apply if a report has been made under section 6 with respect to lead content in a water sample from a drinking water fountain or tap located in a school, private school or child care centre to which subsection 4 (1) does not apply and the issue that gave rise to the report is considered to be resolved under clause (3) (a):

1. The daily flushing requirements in subsections 4 (2), (2.2) and (4) apply to the fountain or tap for a period of 24 consecutive months after the date the issue is considered to be resolved.

2. In carrying out the daily flushing requirement described in clause 4 (2) (a), the cold water must be turned on for at least 10 seconds at the fountain or tap.

3. Paragraphs 1 and 2 do not apply if,

i. the part of the building in which the fountain or tap is located is not open during any of the days on which the school, private school or child care centre is open,

ii. the fountain or tap is located in a part of the building that is used for student accommodation and that is not used communally, or

iii. the fountain or tap is primarily intended for use by the general public.

11. (1) Subsection 8 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The operator of a school, private school or child care centre shall ensure that the following information is available for inspection by any member of the public during normal business hours without charge at the school, private school or child care centre:

(2) Subsection 8 (2) of the Regulation is amended by striking out “day nursery” at the end and substituting “child care centre”.

12. (1) Section 9 of the Regulation is amended by striking out “day nursery” wherever it appears and substituting in each case “child care centre”.

(2) Subsection 9 (1) of the Regulation is amended by adding the following paragraph:

1.1 The instructions provided by the manufacturer of a filter or other device referred to in paragraph 6.2 of subsection 5 (2).

(3) Paragraph 5 of subsection 9 (1) of the Regulation is amended by striking out “iii, iv and v” and substituting “iii and iv”.

Commencement

13. This Regulation comes into force on the later of July 1, 2017 and the day it is filed.

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O. Reg. 459/16: SCHOOLS, PRIVATE SCHOOLS AND DAY NURSERIES

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