O. Reg. 400/07: Schools, Private Schools and Day Nurseries

 

ontario regulation 400/07

made under the

safe drinking water act, 2002

Made: July 25, 2007
Filed: July 26, 2007
Published on e-Laws: July 31, 2007
Printed in The Ontario Gazette: August 11, 2007

Amending O. Reg. 243/07

(Schools, Private Schools and Day Nurseries)

1. (1) Subsection 1 (1) of Ontario Regulation 243/07 is amended by adding the following definitions:

“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;

(2) Section 1 of the Regulation is amended by adding the following subsection:

(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.

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

(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.

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

(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.

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

(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.

(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.

(3) Paragraph 1 of subsection 3 (3) of the Regulation is amended by adding “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” at the end.

(4) Paragraph 3 of subsection 3 (3) of the Regulation is amended by striking out the words “human consumption” at the end and substituting “consumption by children under 18 years of age”.

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

(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.

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

(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.

(2) Section 4 of the Regulation is amended by adding the following subsections:

(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.

(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.

(3) Paragraph 1 of subsection 4 (3) of the Regulation is amended by adding “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” at the end.

(4) Paragraph 3 of subsection 4 (3) of the Regulation is amended by striking out the words “human consumption” at the end and substituting “consumption by children under 18 years of age”.

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

(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.

4. (1) Clause 5 (1) (b) of the Regulation is revoked and the following substituted:

(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.

(2) Paragraphs 3, 4, 5 and 6 of subsection 5 (2) of the Regulation are revoked and the following substituted:

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.

5. (1) Subsection 6 (1) of the Regulation is amended by striking out “1, 2 or 3” and substituting “2”, by adding “and” at the end of clause (b) and by revoking clauses (d) and (e).

(2) Subsection 6 (3) of the Regulation is revoked and the following substituted:

(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.

(3) Subsection 6 (4) of the Regulation is amended by striking out “subsection (1)” and substituting “this section”.

(4) Section 6 of the Regulation is amended by adding the following subsection:

(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.

6. This Regulation comes into force on the day it is filed.