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Safe Drinking Water Act, 2002
Loi de 2002 sur la salubrité de l’eau potable

ONTARIO REGULATION 243/07

SCHOOLS, PRIVATE SCHOOLS AND DAY NURSERIES

Historical version for the period July 26, 2007 to August 26, 2007.

Last amendment: O. Reg. 400/07.

This Regulation is made in English only.

General

Interpretation

1. (1) In this Regulation,

“day nursery” means a day nursery as defined in the Day Nurseries Act;

“lead plumbing” means plumbing with a lead content greater than 8 per cent;

“lead solder” means solder with a lead content greater than 0.2 per cent;

“private school” means a private school as defined in the Education Act;

“school” means a school as defined in the Education Act. O. Reg. 243/07, s. 1 (1); O. Reg. 400/07, s. 1 (1).

(1.1) Despite subsection (1), for the purposes of this Regulation, a school or private school does not include a place of residence used by a teacher or other person employed by the school or private school. O. Reg. 400/07, s. 1 (2).

(2) For the purposes of this Regulation, a school or private school is open on a day if, at any time during that day, programs are held or services are provided there for children under 18 years of age. O. Reg. 400/07, s. 1 (3).

(3) For the purposes of this Regulation, a day nursery is open on a day if, at any time during that day, any of the children cared for are present in the day nursery. O. Reg. 243/07, s. 1 (3).

Exemption

2. This Regulation does not apply to a school, private school or day nursery that obtains water from a drinking-water system if the exemption provided by section 8 of Ontario Regulation 170/03 (Drinking-Water Systems) made under the Act applies to the system. O. Reg. 243/07, s. 2.

Flushing

Weekly flushing

3. (1) This section applies to a school, private school or day nursery if no part of the plumbing that serves the building that houses the school, private school or day nursery was installed before January 1, 1990. O. Reg. 400/07, s. 2 (1).

(2) The operator of a school, private school or day nursery to which this section applies shall ensure that,

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

(b) the flushing is completed before the school, private school or day nursery opens for the day. O. Reg. 243/07, s. 3 (2).

(2.1) The flushing requirement in subsection (2) does not apply to the plumbing in a part of a building if, during the entire week in question, that part is not open to children under 18 years of age. O. Reg. 400/07, s. 2 (2).

(2.2) If a building houses a school or private school and is open to children under 18 years of age for 24 hours on the day referred to in clause (2) (a), the flushing shall be completed at the earliest practicable time and preferably before 6 a.m. O. Reg. 400/07, s. 2 (2).

(3) For the purpose of clause (2) (a), plumbing shall be flushed in accordance with the following rules:

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 that is commonly used to provide water for consumption by children under 18 years of age.

2. If a filter or other device that treats water is installed on or near the tap referred to in paragraph 1 and it is practicable to bypass the filter or other device without removing it, the filter or other device must be bypassed during the period that the cold water is turned on under paragraph 1.

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 that is commonly used to provide water for consumption by children under 18 years of age.

4. If a tap or drinking water fountain that is turned on under paragraph 1 or 3 has an aerator, the aerator must not be removed. O. Reg. 243/07, s. 3 (3); O. Reg. 400/07, s. 2 (3, 4).

(4) The operator of a school, private school or day nursery shall ensure that a record is made of the date and time of every flushing required by subsection (2) and,

(a) the name of the person who performed the flushing; or

(b) if all or part of the plumbing was flushed by an automatic device, the name of the person who verified that the automatic flushing took place. O. Reg. 400/07, s. 2 (5).

Daily flushing

4. (1) This section applies to a school, private school or day nursery if all or part of the plumbing that serves the building that houses the school, private school or day nursery was installed before January 1, 1990. O. Reg. 400/07, s. 3 (1).

(2) The operator of a school, private school or day nursery to which this section applies shall ensure that,

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

(b) the flushing is completed before the school, private school or day nursery opens for the day. O. Reg. 243/07, s. 4 (2).

(2.1) The flushing requirement in subsection (2) does not apply to the plumbing in a part of the building if, during the entire day in question, that part is not open to children under 18 years of age. O. Reg. 400/07, s. 3 (2).

(2.2) If a building houses a school or private school and is open to children under 18 years of age for 24 hours a day, the flushing shall be completed at the earliest practicable time and preferably before 6 a.m. O. Reg. 400/07, s. 3 (2).

(3) For the purpose of clause (2) (a), plumbing shall be flushed in accordance with the following rules:

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 that is commonly used to provide water for consumption by children under 18 years of age.

2. If a filter or other device that treats water is installed on or near the tap referred to in paragraph 1 and it is practicable to bypass the filter or other device without removing it, the filter or other device must be bypassed during the period that the cold water is turned on under paragraph 1.

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 that is commonly used to provide water for consumption by children under 18 years of age.

4. If a tap or drinking water fountain that is turned on under paragraph 1 or 3 has an aerator, the aerator must not be removed. O. Reg. 243/07, s. 4 (3); O. Reg. 400/07, s. 3 (3, 4).

(4) The operator of a school, private school or day nursery shall ensure that a record is made of the date and time of every flushing required by subsection (2) and,

(a) the name of the person who performed the flushing; or

(b) if all or part of the plumbing was flushed by an automatic device, the name of the person who verified that the automatic flushing took place. O. Reg. 400/07, s. 3 (5).

Sampling and Testing for Lead

Annual sampling and testing for lead

5. (1) This section applies to,

(a) every school and private school; and

(b) a day nursery, if all or part of the plumbing that serves the building that houses the day nursery was installed before January 1, 1990. O. Reg. 243/07, s. 5 (1); O. Reg. 400/07, s. 4 (1).

(2) The operator of a school, private school or day nursery to which this section applies shall ensure that two one-litre samples of cold water are taken at least once in each year in accordance with the following rules:

1. The samples must be taken,

i. between May 1 and October 31, if the samples are taken from a day nursery, or

ii. between June 15 and August 15, if the samples are taken from a school or private school.

2. Both samples must be taken from the same tap.

3. If the tap from which the samples are to be taken has an aerator, the aerator must not be removed while the samples are being taken.

4. If a filter or other device that treats water is installed on or near the tap from which the samples are taken and it is practicable to bypass the filter or other device without removing it, the filter or other device must be bypassed while the samples are being taken.

5. The samples must be taken from,

i. a kitchen tap, if the samples are taken from a day nursery that has a kitchen tap, or

ii. a tap that is commonly used to provide water for consumption by children under 18 years of age, in any other case.

6. If there is more than one tap that meets the requirements in subparagraphs 5 i or 5 ii and one of those taps is more likely than the others to be served by lead plumbing or plumbing that contains lead solder, the samples must be taken from the tap that is most likely to be served by lead plumbing or plumbing that contains lead solder.

6.1 If a filter or other device that treats water is installed on or near the tap that has been selected for sampling in accordance with paragraphs 5 and 6 and it is not practicable to bypass the filter or other device without removing it, before the start of the period referred to in subparagraph 7 i or ii,

i. the filter or other device must be removed, and

ii. the tap must be turned on for at least five minutes.

7. The first sample to be taken must be taken in accordance with the following rules:

i. If it is practicable to take the sample immediately after a period of six hours or more when the plumbing is not used, the sample must be taken immediately after that period.

ii. If subparagraph i does not apply, the sample must be taken immediately after the longest period when the plumbing is not used for which it is practicable to take the sample.

iii. The sample must be taken immediately after the period referred to in subparagraph i or ii and before the plumbing is flushed under section 3 or 4.

8. The second sample to be taken must be taken in accordance with the following rules:

i. Subject to subparagraph ii, the second sample must be taken immediately after the first sample.

ii. Before taking the second sample, the tap must be turned on for at least five minutes, and then turned off and left unused for a period of at least 30 but not more than 35 minutes.

iii. If practicable, the plumbing must not be used during the period of at least 30 but not more than 35 minutes that is referred to in subparagraph ii.

iv. The second sample must be taken immediately after the period of at least 30 but not more than 35 minutes that is referred to in subparagraph ii.

9. Each sample must be taken during a single continuous period and must include the first water that comes out when the tap is turned on to take the sample.

10. Each sample must be taken with water flowing at a rate that approximates normal use, without permitting water to splash out of the container in which the sample is being collected.

11. Unless the directions referred to in subsection (4) provide otherwise, more than one container may be used to take each of the samples, as long as the time taken to switch from one container to the next is minimized.

12. A record must be made of the date and time each sample was taken, an estimate of the length of the period referred to in subparagraph 7 i or ii, the location in the school, private school or day nursery where the sample was taken and the name of the person who took the sample. O. Reg. 243/07, s. 5 (2); O. Reg. 400/07, s. 4 (2).

(3) The operator of a school, private school or day nursery from which a sample is taken under subsection (2) shall ensure that the sample is tested for lead. O. Reg. 243/07, s. 5 (3).

(4) Subject to subsection (2), the operator of a school, private school or day nursery from which a sample is taken under subsection (2) shall ensure that the sample is taken and handled in accordance with the directions of the laboratory to which the sample will be delivered for testing, including directions with respect to,

(a) collection procedures;

(b) the use of specified kinds of containers or of containers that are provided by the laboratory;

(c) the labelling of samples;

(d) the completion and submission of forms that are provided by the laboratory;

(e) methods of transporting samples, including temperature conditions that must be maintained during transportation; and

(f) time periods for delivery of samples. O. Reg. 243/07, s. 5 (4).

(5) The operator of a school, private school or day nursery from which a sample is taken under subsection (2) shall ensure that written notice of the identity of the laboratory that will conduct the test for lead is given to the Director, in a form provided by or approved by the Director, before the sample is tested, unless the Director has previously been notified under this subsection that a water sample from the school, private school or day nursery was to be tested for lead by that laboratory. O. Reg. 243/07, s. 5 (5).

(6) Despite subsection (5), the Director may require that the notice under that subsection be given in an electronic format specified by the Director. O. Reg. 243/07, s. 5 (6).

(7) Every test of a water sample taken under this section is prescribed as a drinking-water test for the purpose of the definition of “drinking-water test” in section 2 of the Act. O. Reg. 243/07, s. 5 (7).

Reporting of test results

6. (1) If a laboratory conducts a test of a water sample taken under section 5 and the result of the test exceeds any of the standards prescribed by Schedule 2 to Ontario Regulation 169/03 (Ontario Drinking-Water Quality Standards) made under the Act, other than the standard for fluoride, the laboratory shall, within 24 hours after the result is obtained, report the result in writing to,

(a) the operator of the school, private school or day nursery;

(b) the medical officer of health; and

(c) the Ministry’s Spills Action Centre.

(d), (e) Revoked: O. Reg. 400/07, s. 5 (1).

O. Reg. 243/07, s. 6 (1); O. Reg. 400/07, s. 5 (1).

(2) A report required by subsection (1) shall,

(a) be in a form provided by or approved by the Director; and

(b) specify the result that requires the report and the standard referred to in subsection (1) that the result exceeds. O. Reg. 243/07, s. 6 (2).

(3) A report or a copy of a report required by this section may be delivered personally or sent by fax or by electronic mail. O. Reg. 400/07, s. 5 (2).

(4) Despite subsection (3), the Ministry’s Spills Action Centre may require that a report that is given to the Centre under this section be given in an electronic format specified by the Director. O. Reg. 243/07, s. 6 (4); O. Reg. 400/07, s. 5 (3).

(5) Section 18 of the Act does not apply to the result of a test of a water sample taken under section 5. O. Reg. 243/07, s. 6 (5).

(6) The operator of a school, private school or day nursery who receives a report under subsection (1) shall, within 24 hours after the report is received, give a copy of the report to,

(a) the medical officer of health;

(b) the Ministry’s Spills Action Centre;

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

(d) the Ministry of Children and Youth Services, or any successor of that ministry, if the report relates to a day nursery. O. Reg. 400/07, s. 5 (4).

Corrective action

7. If a report is made under section 6, the operator of the school, private school or day nursery shall take such steps as are directed by the medical officer of health. O. Reg. 243/07, s. 7.

Information and Records

Information to be available

8. (1) The operator of a school, private school or day nursery 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 day nursery:

1. A copy of every record made under section 3, 4 or 5.

2. A copy of every test result obtained in respect of a test required under section 5 or an order.

3. A copy of every test result in respect of which a report was required under section 6.

4. A copy of this Regulation. O. Reg. 243/07, s. 8 (1).

(2) Paragraphs 2 and 3 of subsection (1) do not apply to a test result until the day after it comes into the possession of the operator of the school, private school or day nursery. O. Reg. 243/07, s. 8 (2).

(3) Paragraphs 1, 2 and 3 of subsection (1) do not apply to a record or test result that is more than two years old. O. Reg. 243/07, s. 8 (3).

Records

9. (1) The operator of a school, private school or day nursery shall ensure that the following documents and other records are kept for at least six years:

1. Every record made under section 3, 4 or 5.

2. Every test result obtained in respect of a test required under section 5 or an order.

3. Every test result in respect of which a report was required under section 6. O. Reg. 243/07, s. 9 (1).

(2) If the Director or a provincial officer makes a request for a document or other record referred to in subsection (1), the operator of the school, private school or day nursery shall ensure that the document or other record is given to the Director or a provincial officer within such period as the Director or provincial officer may specify. O. Reg. 243/07, s. 9 (2).

10. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 243/07, s. 10.