STATE OF SABAH
WATER SUPPLY ORDINANCE 1961
(Sabah No. 16 of 1961)
Together with the Subsidiary Legislation
2 (definition of “State land”), 3, 4(1), 8(1), 9(4), 28
2 (definition of “Court”)
Throughout the Ordinance “ringgit” substituted for “dollar”
2 (definition of “Water Authority”)
2 (definition of “private water authority”), 5A, 5B
An Ordinance to provide for control and regulation of the supply of water.
[1st January 1962]
ENACTED by the Legislature of North Borneo as follows:
This Ordinance may be cited as the Water Supply Ordinance 1961 and shall come into operation upon such date as the Governor may, by notification in the Gazette,* appoint.
In this Ordinance —
“alienate” and “State land" have the meaning assigned thereto in the Land Ordinance;
“chargeable water” means —
(a) in the case of any premises entitled to a free allowance of water, any consumption in excess of such free allowance;
(b) in the case of any premises not entitled to a free allowance of water, the total consumption;
“consumer” includes any person who is supplied or applies to be supplied with or uses water from the water-works or who is liable for payment of moneys due or to become due under this Ordinance;
“communication pipe” means so much of the service pipe as lies between a stopcock, which shall be located as near as is reasonably practicable to the boundary of the premises and the main and includes all fittings thereon between a stop cock and the main;
“Court” means the High Court or, where the subject matter in dispute would be within the jurisdiction of any Court of a Magistrate under the provisions of subsection (1) of section 7 of the Subordinate Courts Ordinance† means any such Court having jurisdiction;
“distributing pipe” means any pipe from a storage cistern or from a hot water apparatus supplied from a feed cistern, and under pressure from such cistern;
“fire service” means any pipes and fittings used for the sole purpose of supplying water to premises to combat fire;
“fittings” includes all taps, stopcocks, ballcocks, cold water cisterns, hot water apparatus, flushing apparatus and any other apparatus or appliance used on an inside service in connection with the supply of water from the waterworks, except meters;
“inside service” includes all pipes whether service pipes or distributing pipes, and fittings beyond the connection to the main;
“licensed plumber” includes any person licensed by the Water Authority to construct, alter or repair inside services or fire services connected with or to be connected with the waterworks;
“main” includes any pipe owned and maintained by the Water Authority, including any communication pipe;
“meter”' includes any appliance or device used to measure or ascertain the amount of water taken or used from the waterworks;
“premises” includes any structure, building or part of a building, land without buildings and any pier, sea-wall or wharf;
“private water authority”' means a person or body of persons designated as such under section 5A;
“public standpipe” includes any fountain, standpipe, valve, tap or appliance provided and maintained by the Water Authority for the purpose or supplying water to the public;
“quarter” means any three consecutive months;
“service pipe” means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of a tap;
“supply pipe” means so much of any service pipe as is not a communication pipe;
“Water Authority” means the Director of Water Department;
“waterworks” includes all bore-holes, wells, reservoirs, dams, weirs, tanks, cisterns, tunnels, filter beds, conduits, aqueducts, mains, pipes, meters, fountains, standpipes, sluices, valves, hydrants, pumps, prime movers and all other structures or appliances used or constructed for the collection, storage, conveyance, supply, measurement or regulation of water, and which have been constructed by or on behalf of the Government and are the property thereof, or which shall hereafter be used or constructed by the Water Authority.
WATER SUPPLY AREAS
If it appears to the Yang di-Pertua Negeri* to be necessary for the purpose of conserving or protecting any water, he may by order, defining the area in question, declare any area to be a water supply area, and thereupon the provisions of section 4 shall apply to such area.
(1) If it appears to the Yang di-Pertua Negeri to be necessary for the purpose of conserving or protecting against pollution any water, whether on the surface or underground, in a water supply area, he may make regulations to prohibit or regulate the doing within that area of any act specified in the regulations. Regulations made under this section may contain different provisions for different water supply or any part thereof.
(2) In any water supply area the Water Authority may by notice require the owner or the occupier of any premises within that area to execute and keep in good repair such works as it considers necessary for conserving or preventing pollution of any water and, if such person fails to comply with any such requirement, he shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit or to imprisonment for six months:
Provided that an owner or occupier who considers that a requirement made on him under this subsection is unreasonable may, within twenty-eight days after service on him of the requirement, appeal to the Court and if the Court decides that the requirement is unreasonable it may modify or disallow the same.
(3) The Water Authority shall pay compensation to the owners and occupiers of, and other person interested in, any premises within any water supply area in respect of —
(a) any curtailment or injurious affection or their legal rights by restrictions imposed by the regulations; and
(b) any expenses incurred by them in complying with a requirement to construct and maintain any works the construction of which could not, apart from this section, lawfully have been required, otherwise than upon payment of compensation,
and any question as to the amount of compensation to be paid shall be referred to and decided by the Court.
(4) Where any person has failed to comply with a requirement made on him under subsection (2) of this section and either —
(a) he has not appealed to the Court against that requirement and the time for appealing has expired; or
(b) his appeal has been dismissed or the requirement has been modified on his appeal and he has failed to comply with the requirement as so modified,
the Water Authority may, without prejudice to its right to take proceedings in respect of such failure, execute and keep in good repair the works specified in the requirement as originally made or, as the case may be, as modified on appeal, and may recover the expenses reasonably incurred by them in so doing from the person in default as a civil debt, except expenses incurred in respect of works the construction of which could not, apart from this section, lawfully have been required, otherwise than upon payment of compensation.
ADMINISTRATION AND GENERAL POWERS OF THE WATER AUTHORITY.
The Water Authority shall have the custody and administration of all waterworks and of the water therein, and the management of the supply and distribution of such water.
(1) Notwithstanding section 5, the Yang di-Pertua Negeri may, from time to time, by order published in the Gazette —
(a) declare any area to be a privatised water supply area;
(b) designate a person or body of persons as a private water authority in respect of such area with effect from a date to be specified in the order;
(c) authorise such private water authority to exercise or undertake any right, power, obligation, function or duty under any provision of this Ordinance as may be specified in the order; and
(d) specify such other matters as may be considered necessary.
(2) Notwithstanding any provision of this Ordinance, where an order is made by the Yang di-Pertua Negeri under subsection (1), the private water authority so authorised in the order shall exercise or undertake in such area as declared in the order any right, power, obligation, function or duty under any provision of this Ordinance as may be specified in the order instead of the Water Authority and any reference to “Water Authority” in such provision shall be construed as reference to “the private water authority”.
The private water authority so authorised shall enter into a contract with the Government to provide for all relevant matters or conditions pertaining to such authorisation.
The Water Authority may make, construct, provide, repair and alter such mains and other waterworks as may be necessary for supplying and district and the inhabitants thereof with water and, in executing such works, may carry such mains and other waterworks through, across or under any street or road, or any place laid out or intended for a street or road, or any premises under any street or road:
Provided that wherever any street or road, or any place laid out or intended for a street or road, or any premises under any street or road, are opened or broken up in the execution of such works, the Water Authority shall, with all convenient speed, complete the work for which the same shall be opened or broken up, and reinstate and make good such street, road, place or premises.
It shall be lawful for the Water Authority to fix standpipes and fire hydrants together with communication pipe to the waterworks already in existence in, under or over any private street or road; and such standpipes, fire hydrants and communication pipe shall remain vested in the Water Authority.
(1) Subject as hereinafter provided, whenever it is necessary so to do for the purpose of making, constructing, providing, repairing or maintaining any mains or other waterworks under this Ordinance, the Water Authority may lay, place or carry on, under or over any land, other than State land, mains and other waterworks, paying reasonable compensation to all persons interested for any disturbance, damage or disability that may be caused thereby.
(2) Before entering on any land for the purpose specified in subsection (1), the Water Authority shall, except in the case of urgency, give notice to the owner or occupier of such land, stating as fully and accurately as possible the nature and extent of the acts intended to be done and informing the owner or occupier of the provisions of subsection (4).
(3) Such notice shall be deemed to be properly given if sent by registered post or left at the usual or last known place of abode of the person to whom it is to be given or, if the usual or last known place of abode of such person cannot be ascertained, by fixing the notice conspicuously on some part of the land.
(4) If any objection or dispute arises touching the acts intended to be done or the amount or apportionment of compensation under subsection (1), the same shall be ascertained and determined by the Court.
(1) Any consumer may arrange with the Water Authority or a licensed plumber to construct an inside service in any premises for the supply of water from the waterworks.
(2) Every inside service shall be constructed, and the nature, size and quality of the materials and fittings used therewith shall be, in accordance with regulations made under the provisions of section 28.
(3) When the construction of an inside service has been completed to the satisfaction of the Water Authority, it shall be connected by the Water Authority to the waterworks, subject to —
(a) payment of such charges for such connection as are prescribed; and
(b) the consumer giving the undertaking required by section 14.
(4) Notwithstanding the provisions of subsections (1), (2) and (3), the Water Authority shall not, unless otherwise directed by the Yang di-Pertua Negeri, be under any obligation to connect with the waterworks the inside services of any premises which are —
(a) more than fifty yards from a main; or
(b) at an altitude higher than that to which water from the waterworks can be supplied by gravitation.
(5) Nothing in this section shall be deemed to restrict the drawing of water by any person from any public standpipe in any district in which public standpipes are provided.
The cost of constructing, altering or repairing all inside services shall be borne by the consumer.
The Water Authority may repair any part of an inside service at the request of the consumer and, on completion thereon, the consumer shall pay the cost of the repairs at such time and place as may be prescribed.
In the case of any inside service at present existing or hereafter constructed, the connection to the main shall be deemed to be a part of the waterworks.
All water supplied to premises through inside services shall be measured by meter or otherwise measured or charged for in such manner as may be prescribed.
(1) Without prejudice to any meter rent or other sums due or to become due under this Ordinance, it shall be lawful for the Water Authority to disconnect from the waterworks the inside service to any premises —
(a) unless the consumer, within fourteen days from the date of service of written notice in that behalf (which may be given in the manner provided by subsection (3) of section 8) or such extended time as the Water Authority may allow, gives an undertaking satisfactory to the Water Authority to pay to the Water Authority quarterly, or at such lesser periods as the Water Authority may in any case determine, the amount due for charges for water and for meter rent in accordance with regulations made under the provisions of section 28;
(b) if default is made in the payment of any deposit which the Water Authority has demanded under the provisions of section 17, or of any moneys due under this Ordinance from the consumer, for so long as the default continues;
(c) if the construction, alteration or repair of any inside service by a consumer is not carried out to the satisfaction of the Water Authority in accordance with the provisions of this Ordinance and the regulations made hereunder, or if such construction, alteration or repair is carried out without the approval of the Water Authority;
(d) if any consumer is found to be wilfully or negligently wasting water supplied from the waterworks through the inside service to his premises; or
(e) if any act or thing is done or omitted contrary to the provisions of this Ordinance in relation to any damage, alteration, pollution or abuse of the waterworks, or of any inside or fire service.
(2) The expenses incurred in cutting off a supply of water in accordance with the provisions of this section may be recovered from the consumer in the manner provided for the recovery of moneys due under this Ordinance.
(3) If at any time after the supply of water to any premises has been cut off by the Water Authority it is found that the supply has been renewed without the order of the Water Authority and that water is being used by any person or persons, the occupier of such premises shall be deemed, until the contrary is proved, to have authorised such use of water and shall on conviction be liable to a fine of twenty-five ringgit for each day the water has been so used.
PARTICULAR POWERS OF THE WATER AUTHORITY
It shall be lawful for the Water Authority, or any person duly authorised in writing by such authority, without notice and at any reasonable time, or, in the case of urgency, at any time, for the following purposes to enter into and upon any premises into or upon which any inside service has been laid for the supply of water from the waterworks —
(a) to inspect any inside service and to ascertain whether there is any waste, leakage, obstruction, alteration, interference or damage to any inside service or meter therein, and anything in connection therewith;
(b) to regulate and repair any inside service or meter;
(c) to ascertain the consumption;
(d) for any such purposes to disconnect the inside service to any premises, or to diminish, withhold or suspend, stop, turn off or divert the supply of water to any premises thorough or by means of any inside service, either wholly or in part;
(e) to repair, alter, take up, re-lay, re-arrange or otherwise to deal with any inside service or meter, as circumstances may require.
It shall be lawful for the Water Authority to restrict, withhold or suspend, stop, turn off or divert the supply of water through or by means of any main, inside service or standpipe, either wholly or in part —
(a) whenever the available supply of water from the waterworks shall, in the opinion of the Water Authority, 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 connection of inside or fire services;
(c) whenever any public standpipe is damaged or the waters thereof are polluted or wasted;
(d) in the case of an outbreak of fire;
(e) in case of a breakdown in the waterworks; or
(f) whenever in the opinion of the Water Authority, a supply of water is being wasted or misused, and neither the Water Authority nor any servant or agent of the authority shall be liable for any damage or loss which may result from such restriction, withholding, suspension, stoppage, turning off or diversion.
(1) It shall be lawful for the Water Authority to fix the amount of, and to demand in advance, deposits from consumers to cover the amount due or to become due for meter rent and for chargeable water at any premises, and for work to be carried out by the Water Authority at the cost of a consumer.
(2) Such deposits may be held by the Water Authority and shall bear no interest and may, in the discretion of the Water Authority and without prejudice to the powers of such authority under section 14, be applied to the payment of any money in respect of which the deposit was made and which has not been duly paid in accordance with any regulations made under section 28.
RECOVERY OF MONEY DUE
(1) All moneys, other than penalties or fines, payable or recoverable under this Ordinance shall be recoverable at the suit of the Water Authority, together with interest thereon at a rate of eight per cent per year, and any judgment given or order made in any Court hereon shall be enforced in the same manner as that in which any judgment or order may be enforced in any other action in such Court.
(2) In any such action, a certificate, purporting to be under the hand or seal of the Water Authority, that any sum of money is due to such authority shall, until the contrary is proved, be evidence of such debt and of the non-payment thereof at the date of such certificate.
OFFENCES AND PENALTIES
Any person who wilfully or negligently misuses or wastes or allows to be misused or wasted any water supplied from the waterworks either through any inside service or public standpipe, shall be guilty of an offence and shall be liable on conviction to a fine of five hundred ringgit.
Any person who —
(a) in any public street, road or lane washes clothes at or near a public standpipe with water therefrom;
(b) open or keeps open the valve of any public standpipe by means other than the use of pressure by the hand or having opened such valve does not close the same; or
(c) takes water from a public standpipe for any purpose other than a domestic purpose without the permission of the Water Authority,
shall be guilty of an offence and shall be liable on conviction to a fine of five hundred ringgit.
Any person who wilfully or negligently and without the approval of the Water Authority —
(a) injures any waterworks;
(b) draws off, diverts or takes water from the waterworks;
(c) interferes with or opens or shuts any valve, hydrant or stopcock belonging to the waterworks,
shall be guilty of an offence and shall be liable on conviction to a fine of five hundred ringgit and in the case of a second or subsequent offence to a fine of one thousand ringgit and to imprisonment for six months.
(1) Any person who —
(a) alters or causes or permits to be altered, any inside service with intent to avoid the accurate measurement of water;
(b) wilfully or negligently interferes with or injures any meter;
(c) dishonestly alters the index of any meter used by the Water Authority for measuring the water supplied by such authority; or
(d) dishonestly prevents any meter used by the Water Authority from registering correctly the quantity of water supplied,
shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit and to imprisonment for six months.
(2) Any inside service so altered or meter so injured, altered or interfered with shall be replaced or repaired by the Water Authority, and the cost of such replacement or repair may be recovered, upon the order of the Court, from the person convicted under subsection (1) in the same manner as a fine.
For the purposes of subsection (1) of section 22, if it is proved that a person has altered the index of a meter, it shall rest upon him to prove that he did not alter it dishonestly; and the existence of any artificial means, under the control of such person, for preventing a meter from registering correctly, or for enabling him dishonestly to abstract or use water, shall be evidence that he has dishonestly prevented the meter from registering correctly or, as the case may be, has dishonestly abstracted or used water.
Any person who takes any water from any waterworks, except through a metered inside service or from a public standpipe, without the permission of the Water Authority shall be guilty of an offence and shall be liable on conviction to a fine of five hundred ringgit.
(1) Any person who deposits or allows to be deposited any earth, material or liquid in such manner or place that it may be washed, fall or be carried into any waterworks shall be guilty of an offence and shall be liable to a fine of five hundred ringgit.
(2) If any earth, materials or liquid is allowed to remain so deposited after the Water Authority has given notice in writing to such person (which notice may be given in the manner provided by subsection (3) of section 8) requiring such earth, material or liquid to be removed, or the continuing deposit of any such earth, material or liquid to cease, such person shall be guilty of an offence and shall be liable to a further fine of fifty ringgit for each day during which the offence continues.
(3) Any person who washes or bathes in, or throws into, any part of waterworks, or washes, throws or causes to enter therein any creature, dead or alive, or any thing, shall be guilty of an offence and shall be liable to a fine of five hundred ringgit.
(4) Nothing in this section shall be construed as prohibiting or restricting —
(a) any method of cultivation of land which is in accordance with the principles of good husbandry; or
(b) the reasonable use of oil or tar on any public works so long as all reasonable steps are taken for preventing the pollution of any part or any water of the waterworks.
Prosecutions in respect of offences committed under this Ordinance or any regulation made hereunder may be conducted by any person authorised in that behalf by the Water Authority.
No fine or punishment imposed under this Ordinance shall affect or prejudice the power of the authority under section 14, nor shall anything in this Ordinance be held to prevent proceedings by civil suit against any person for damage caused to any waterworks, or to prevent any person from being prosecuted criminally for an offence in respect of any waterworks.
The Yang di-Pertua Negeri may make regulations* generally for the purpose of carrying out the provisions of this Ordinance and, in particular, such regulations may provide for —
(a) the form of all notices required to be given or sent under this Ordinance, and the issuing and service thereof;
(b) the keeping of separate accounts covering all the activities of the Water Authority including capital and recurrent charges;
(c) the time and place for the payment of all moneys due or to become due under this Ordinance;
(d) deposits to be made by consumers;
(e) fees, surcharges and the payment thereof;
(f) the price of water;
(g) free allowances of water to approved hospitals, charitable institutions and other premises;
(h) the fixing of meters, the amount of meter rents and the ascertaining of the consumption at any premises;
(i) the notification of restriction or suspension of water supply;
(j) subject to such the disconnection or re-connection of the water supply from or to a consumer;
(k) the licensing of plumbers;
(l) the nature, size and quality of pipes and fittings to be used on inside and fire services;
(m) the earthing of electrical installations to water pipes;
(n) the construction, alteration and maintenance of inside and fire services including the keeping clean of such services;
(o) notification to consumers that any inside or fire service is defective;
(p) the use of water from waterworks for flushing water closets, latrines and urinals;
(q) the use of water from the waterworks for industrial and cooking purposes, air conditioning plants and swimming pools;
(r) the prevention of waste and the prohibition of the re-sale of water;
(s) the taking of water from public standpipes, the regulation or restriction of the persons resorting or desiring to resort thereto, the apportionment, rationing or restriction of the supplies which may be taken therefrom, and the giving of powers to police officers and others with a view to such regulation, apportionment, rationing and restriction;
(t) the use of water for fire-fighting purposes;
(u) the conservation and use of water from the waterworks;
(v) the regulation, protection and control of the waterworks, including any river intakes connected therewith;
(w) the taking of fish in reservoirs; and
(x) prescribing anything which is by this Ordinance to be prescribed.
Section 46 of the Public Health Ordinance 1960 is amended by deleting the word “area” in the last line of paragraph (a) thereof.
Section 23 of the Mining Ordinance 1960 is amended by re-numbering the present section as subsection (1) and inserting thereafter the following further subsection to be numbered “(2)”:
(2) Nothing in this section shall be deemed to derogate from the provisions of the Water Supply Ordinance 1961, or shall be read as authorising the Director to give any consent or impose any terms or conditions in contravention of any of the provisions of such Ordinance.”.
WATER SUPPLY REGULATIONS 1961
(G.N.S 151 OF 1961)
Effective date of amendment
2nd Sch. (water charge
91(3), 1st Sch. (deletion
of fee payable under
regulation 67(2) and
insertion of fee payable under regulation 91(3))
2nd Sch. (water charge in
2nd Sch. (water charges in Labuan and Lahad Datu)
2nd Sch. (water charge in
3rd Sch. Form 1
2nd Sch. (water charge in
2nd Sch. (water charge in
2nd Sch.(water charge in
2nd Sch. (water charge in
2nd Sch. (water charge in
2nd Sch. (water charges in
Beaufort, Membakut and
2nd Sch. (water charge in
2nd Sch.(water charge in
2nd Sch. (water charge in Nabawan)
2nd Sch. (water charge in
2nd Sch. (water charge in
2nd Sch. (water charge in Bingkor, Kota Merudu)
2nd Sch. (water charge in Beluran), the word “litres” substituted for the word “gallons” whenever it appears, PART I, PART II
In exercise of the powers conferred upon him by section 28 of the Water Supply Ordinance 1961 and by section 21 of the Interpretation Ordinance and all other powers thereunto him enabling, the Governor in Council has made the following regulations:
These regulations may be cited as the Water Supply Regulations 1961 and shall come into operation on the date* on which the Water Supply Ordinance 1961 shall come into operation.
In these Regulations, unless the context otherwise requires —
“authorised officer” means any servant or agent of the Water Authority duly authorised in writing by the Authority to act under these Regulations;
“B.S.S.” means the latest British Standard Specification issued by the British Standards Institution;
“brass” means an alloy of copper and zinc, with or without lead or tin, containing not less than sixty-two per cent by weight of copper and not more than four per cent by weight of lead, and having a tensile strength of not less than twelve tons per square inch of sectional area;
“capacity” in relation to a storage cistern or flushing cistern, means the capacity of the cistern when filled up to the water-line;
“corrosion-resisting alloy” means an alloy which is highly resistant to corrosion by the water supplied by the Authority, and which has a tensile strength of not less than twelve tons per square inch sectional area;
“feed cistern” means a storage cistern used for supplying cold water to a hot water apparatus;
“flushing cistern” means a cistern with a discharging apparatus for flushing a water closet, slop sink, urinal or drain;
“geyser” means any apparatus for the rapid heating of water having the water control on the inlet side and a free outlet;
“gunmetal” means an alloy containing not less than eighty-five per cent by weight of copper and not less than five per cent by weight of tin, and having a tensile strength of not less than twelve tons per square inch of sectional area;
“main-meter” includes any meter measuring water all or part of which is subsequently measured by one or more sub-meter;
“pressure vessel” means a closed vessel capable of containing water under pressure greater than atmospheric pressure;
“stopcock” means any stop tap placed on the inlet side of a meter and controlling the supply of water supplied to any premises charged or chargeable separately with rate, charge or rent;
“stop tap” includes a stopcock, stop valve and any other device for stopping the flow of water in a line of pipes;
“strorage cistern” means any cistern for containing water supplied by the authority other than in flushing cistern or a hot water cistern;
“sub-meter” means any meter which measures all or part of any water which has already been metered since leaving the mains of the Water Authority;
“temporary purpose”, in relation to the use of any pipe, means use in connection with 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 three months, as the authorised officer 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 may be readily seen;
“water-line”, in a cistern, means the top water level at which the cistern is designed to work.
Any requirement in these Regulations that a water fitting shall comply with a British Standard Specification shall extend only to so much of that Specification as relates to the size, nature, materials, strength and workmanship of such a fitting.
A person shall not, for the purpose of conveying, delivering, receiving or using water supplied by the Water Authority —
(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 Regulations as may be applicable to it; or
(c) arrange, connect, disconnect, alter or renew any water fitting in contravention of any requirement of these Regulations.
(1) Nothing in these Regulations shall be construed to require any person to alter or alter or renew any water fitting lawfully fixed at the date when these Regulations come into force, or to provide any addition thereto, unless such fitting is, in the opinion of the Water Authority, so defective or in such a condition or position as to cause, or be likely to cause, waste, undue consumption, misuse, erroneous measurement or contamination of water supplied by the Water Authority, or reverberation in pipes.
(2) If any person has failed, after being given notice in writing by the Water Authority, to alter or renew any such fitting, the Water Authority may, by its servants or agents, enter upon the premises whereon such fitting is and make such alteration or renewal as may be necessary, and may recover the cost thereof from the consumer.
Where water is —
(a) taken by meter;
(b) discharged openly into a cistern from a point not less than six inches above the over-flowing level thereof; and
(c) conveyed therefrom for use in some industrial or research process,
the following regulations, other regulation 40 shall not, to the extent to which the nature of any such process renders compliance with any of these Regulations impracticable, apply in relation to any water fitting conveying water from such cistern and used solely in connection with such process.
The requirements regarding the nature, materials and disposition of water fitting set out in these Regulations may be relaxed or varied either generally or in a particular case if it seems desirable to the Water Authority so to do.
REQUIREMENTS FOR WATER FITTINGS
Every service pipe and every distributing pipe shall be of suitable material approved by the Water Authority:
Provided that lead pipes may only be used —
(a) When specially sanctioned in writing by the authorised officer;
(b) as flushing pipes from flushing cistern to water closets or urinals; or
(c) as connection pieces not exceeding eighteen inches long between a flushing cistern, a bath or a wash-hand basin and the pipes supplying such fitting.
(1) Every service pipe, communication pipe, supply pipe, distributing pipe, flushing pipe and warning pipe of lead alloy shall comply with the relevant B.S. Specification
B.S.S. 602 : 1956 Lead pipes for other than chemical purposes; or
B.S.S. 1085 : 1956 Lead pipes (silver-copper-lead alloy).
(2) No pipe shall, in any case, be of less weight per lineal yard than the minimum weight per lineal yard specified in appropriate B.S.S. to withstand the maximum working pressure to which the pipe is liable to be subjected under all working conditions.
(1) Every service pipe or distributing pipe of cast iron (vertically cast), or of spun cast iron or asbestos cement, shall be of sufficient strength to withstand a test pressure of not less than double the pressure to which the pipe will be liable to be subjected under working conditions, and, subject thereto, shall comply with the appropriate British Standard Specification as follows —
Material of Pipe
British Standard Specification
(a) cast iron
(b) spun cast iron
(c) asbestos cement
78: 1938 for vertically cast, cast iron water pipes for water, gas and sewage;
1211: 1958 for centrifugally cast (spun) iron pipes for water, gas and sewage;
486: 1956 for asbestos cement pressure pipes.
(2) The joint used with such pipes shall be of a type approved by the Water Authority.
(3) Every asbestos pipe shall be coated inside and out, with a paint or other coating to the approval of the Water Authority.
(1) Every service pipe, communication pipe or distributing pipe of wrought iron or steel shall comply with the requirements of B.S.S. 1387: 1957 for steel tubes and tubulars and shall be not less than the dimensions specified for “Heavy tube” in that specification; and every such pipe shall be efficiently protected against external corrosion and, unless forming part of a close circuit from which water is not drawn, against internal corrosion. Such protection shall be to the entire satisfaction of the Water Authority.
(2) Every malleable cast iron fitting used in connection with any such pipe shall comply with the relevant British Standard Specification. All pipe threads used in connection with this pipe or associated fittings shall be British Standard Pipe Thread in accordance with B.S.S. 21: 1957.
(1) Every service pipe or distributing pipe of copper connected by means of screw joints shall comply with —
(a) B.B.S. 61: Part I: 1947 for copper tubes; and
(b) B.S.S. 61: Part II: 1946 for screw threads for copper tubes.
(2) Copper alloy pipe fittings and copper alloy three piece fittings or unions for copper pipes shall be screwed in accordance with B.S.S. 61: Part II, 1946, and shall comply respectively with B.S.S. 99: 1922 and B.S.S. 66: 1914.
(3) Cast copper alloy pipe fittings for copper pipes screwed in accordance with Table 4 of B.S.S. 61: Part II, 1946, shall comply with the relevant requirements of B.S.S. 143: 1952 or B.S.S. 1256: 1952 for malleable cast iron or cast copper alloy fittings.
Every service pipe or distributing pipe of copper to be connected by means of capillary fittings or compression fittings shall comply in all respects with B.S.S. 659: 1955 for light gauge copper tubes, and, if such pipe is to be laid underground, to B.S.S. 1386: 1957 for copper tubes to be buried underground, and all such fittings shall comply with B.S.S. 864: 1953 for capillary fittings of copper or copper alloy for use with light gauge copper tube.
Every service pipe or distributing pipe of any material not specifically mentioned or provided for in these Regulations shall be of suitable material and of sufficient strength to withstand double the pressure the pipe will be liable to be subjected to under working conditions.
(1) Every bib, pillar, globe and stop tap of the ordinary screw-down pattern, and of a nominal size not exceeding two inches, shall comply B.S.S. 1010: 1959 for such taps.
(2) Every bib, pillar, globe and stop tap, not being of the ordinary screw-down pattern, shall be capable of resisting a pressure of at least three hundred pounds to the square inch; and every valve, spindle and other internal part, and, where the nominal size of the tap does not exceed two inches, the body thereof, shall be made of a corrosion-resisting alloy.
(3) Every sluice valve of a nominal size of two inches or more shall comply with B.S.S. 1218: 1946 for sluice valves for waterworks purposes, except that it shall open by means of a clockwise motion.
(1) Every ball tap or valve of the “Portsmouth” type, and of a nominal size not exceeding two inches, shall comply with B.S.S. 1212: 1953 for such a tap or valve.
(2) Every ball tap or valve, not being of the “Portsmouth” type, shall comply with the following requirements —
(a) every high pressure ball tap shall close against a test pressure of two hundred pounds to the square inch, every medium pressure ball tap against a test pressure of one hundred pounds to the square inch; every low pressure ball tap against a test pressure of forty pounds to the square inch; and every such fitting shall have the letters “H.P.”, “M.P.” or “L.P.”, respectively cast or stamped on the body of the fitting;
(b) the valve shall be provided with a washer of good quality rubber, or some other equally suitable material, enclosed in an internally flanged cap screwed to the piston;
(c) the body and the piston shall be of a corrosion-resisting alloy; the lever shall be of a corrosion-resisting alloy or copper and shall be of sufficient rigidity not to bend permanently under working conditions; and the float shall be of copper or some other equally suitable material;
(d) if the float is a copper sphere, its minimum thickness when finished bright shall be not less than twenty-six standard wire gauge in cases where the external diameter of the sphere does not exceed six-and-a-half inches, and not less than twenty-four standard wire gauge in cases where the external diameter of the sphere exceeds six-and-a-half inches. If the float is of copper of some other shape, it shall be of adequate thickness; and the joining of copper float shall, in any case, be effected by means of an efficient, solderless, compression seam, or by brazing.
Every storage cistern shall be watertight, of adequate strength and properly supported, and shall be constructed of slate, ceramic ware, asbestos cement, galvanised iron or steel, copper or of a corrosion-resisting alloy or other material approved by the Water Authority.
Every storage cistern of mild steel, and having a capacity not exceeding one thousand gallons, shall comply with the requirements for grade A cisterns contained in B.S.S. 417: 1951 for galvanised mild steel cistern, tanks and cylinders.
Every hot water pressure vessel or tank, not forming part of a self-contained water heating apparatus, shall be of such a size that it will hold not less than twenty-five gallons, shall be constructed of galvanised mild steel or of copper, or of some other material approved by the Water Authority and shall be adequately supported:
Provided that, in the case of a hot water system comprising more than one hot water pressure vessel at different levels, the requirements of this regulation as to size shall apply only to the lowest cylinder or tank.
Every hot water pressure vessel having a capacity of not less than twenty-five gallons shall —
(a) if made of mild steel, comply with the requirements for cylinders or tanks, as the case may be, of B.S.S. 417: 1951 for galvanised mild steel cisterns, tanks and cylinders; and
(b) if made of copper, comply with B.S.S. 699: 1951 for copper cylinders for domestic purposes (grades 1, 2 and 3).
Every flushing cistern serving a water closet shall be so designed as to give a flush of not less than two gallons nor more than three gallons of water with a permitted variation of plus or minus five per cent, and, subject thereto, shall comply with B.S.S. 1125: 1959 for water closet flushing cisterns.
Every hand operated flushing cistern serving a urinal shall be so designed as to give a flush of not less than one gallon nor more than one-and-a-half gallons per stall, or per two feet three inches width of slab, with a permitted variation of plus or minus five per cent, and, subject thereto, shall comply with B.S.S. 1125: 1959 for water closet flushing cisterns.
Every joint in a lead or lead alloy pipe shall be made by means of a watertight wiped soldered joint of the type known as a plumber’s wiped joint, or some other equally efficient suitable watertight joint approved by the Water Authority.
Every connection between a lead or lead alloy pipe and a pipe of any other metal shall be made by means of a screw-ferrule of corrosion-resisting alloy wiped on to the lead or lead alloy, or by means of some other equally efficient and suitable watertight joint approved by the Water Authority.
Where any water fitting is connected to a lead or lead alloy pipe by means of a wiped joint, not less than one and a quarter inches of such fitting shall be included within the wiped joint.
No bend or curve in any pipe shall be made so as to materially diminish the waterway, or alter the internal diameter, of the pipe in any part.
Every pipe shall be adequately supported and be so aligned as to avoid air locks.
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 laid at the following minimum depths —
(a) under a roadway or pavement
(b) not under a roadway or pavement
Provided that this regulation shall not apply to any pipe which is used only for a temporary purpose.
(1) No service pipe, communicating pipe or distributing pipe shall be so laid as to pass into or through any sewer, drain or cesspool, or any manhole connected therewith, or into or through any ashpit or manure pit and, 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. Where the laying of any such pipe through foul soil or injurious material cannot be avoided, the pipe shall be efficiently protected from contact with such soil or material either by being carried through an exterior corrosion-resisting tube or by some other suitable means.
(2) No service pipe shall be laid underneath any building or structure, unless adequately surrounded by a duct of sufficient size to allow withdrawal of the pipe for repair.
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 or injury from any cause, shall be reasonably protected from such damage or injury:
Provided that this regulation shall not apply to any pipe used only for a temporary purpose.
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.
Provided that this regulation shall not prohibit the enclosing of any pipe in a properly designed chase or duct so constructed that the pipe or fitting is reasonably accessible for examination or repair or replacement.
Every person who shall lay or use any service pipe or communication pipe shall permit the Water Authority to fit thereon a stopcock enclosed in a covered box or pit of such size as may be reasonably necessary, and placed in such position as the Water Authority deems most convenient:
Provided that a stopcock in private premises shall be placed as near as is reasonably practicable to the street from which the service pipe enters those premises, and on the side of the meter near the main.
(1) In addition to any stopcock fitted by the Water Authority in pursuance of regulation 32, 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 stop tap inside, and as near as practicable to the point of entry of such pipe into the building or part thereof, and on the consumer’s side of the meter.
(2) Where the last such stop tap has an internal diameter of less than two inches it shall comply with the requirements for stop taps as contained in B.S.S. 1010: 1959 for bib, pillar globe and stop taps.
(3) Where such stop tap has an internal diameter of more than two inches, it shall comply with B.S.S. 1218: 1946 for sluice valves for waterworks purposes, and shall open in clockwise direction.
(4) Where such stop tap has an internal diameter of two inches, it shall conform with the requirements of one or other of the paragraphs (2) and (3).
A stop tap shall be fitted on every outlet pipe, other than a warning pipe, from a storage cistern, and as near to the cistern as practicable.
Every ball tap or float-operated valve fitted to a storage cistern or a flushing cistern shall be securely rigidly fixed thereto above the waterline, and shall be 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 tap or valve will be submerged when the cistern is charged to its overflowing level.
Where a ball tap or float-operated valve is provided with a pipe so arranged as to discharged water into a cistern below its overflowing level, an air hole shall be provided in the outlet chamber of the tap or valve above such level of a size sufficient of prevent siphonage of water back through the tap or valve.
No ball tap shall be fitted to a hot water storage cistern.
No service pipe or distributing pipe used for the conveyance of water supplied by the Water Authority, and no cistern used for the reception of such water, shall be used or so connected that it can be used, for the conveyance or reception of any water which is not supplied by the Water Authority, or which though supplied by the Water Authority, has, prior to its conveyance by such pipe or its reception by such cistern, been used for any purpose:
Provided that where the water supplied from the Water Authority’s mains to any cistern is discharged into the air not less than six inches above the top edge of such cistern, this regulation shall not apply to such cistern or to any distributing pipe leading therefrom.
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.
No communication pipe or service pipe shall be connected to a distributing pipe, nor to a pump delivery pipe.
No pump or other apparatus capable of increasing or diminishing the pressure of water shall be installed or worked in any installation without the written consent of the Water Authority who may grant such consent subject to such conditions as it may think fit.
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 suitably covered, but not so as to be air-tight, and shall be so placed and fitted that the interior thereof can be readily inspected and cleansed.
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 tap, a float-operated valve or some other effective means of controlling the inflow of water, so designed as to prevent overflow.
(1) Every storage cistern not used as a feed cistern shall have a capacity of not less than twenty-five gallons, and, if used both as a feed cistern and a storage cistern for other purpose, shall have a capacity of not less than fifty gallons.
(2) Every feed cistern supplying cold water to a hot water pressure vessel shall have a capacity of not less than twenty-five gallons.
Every cold water storage cistern of a capacity not exceeding one thousand 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 three-quarters of an inch; 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.
Every cold water storage cistern of a capacity exceeding one thousand 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 two 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 paragraphs (b) and (c) of regulation 45; and
(c) where both a warning pipe and an overflow pipe are fitted, the internal diameter of the warning pipe shall be not less than one inch.
No storage cistern shall be buried or sunk in the ground:
Provided that this regulation shall not apply if —
(a) the top edge of the cistern is not less than nine inches above ground level;
(b) the cistern fitted with an efficient warning or overflow pipe as required by regulations 45 and 46, as the case may be, and which will discharge above the surrounding ground level;
(c) the water from the Water Authority’s mains is discharged into the cistern at a level not less than six inches above the invert of the overflow pipe; and
(d) all other necessary steps are taken in the construction of the cistern to prevent waste, undue consumption, misuse or contamination of the water.
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 Water Authority is heated, is not supplied with cold water from a feed cistern, the supply shall be controlled by a bib tap or stop tap and shall not be connected directly to the water contained in the cistern, but shall be discharged into the air above the overflowing level of the apparatus:
Provided that this regulation shall not apply in the case of —
(a) a thermostatically controlled electric storage water heater of a capacity not exceeding three gallons; or
(b) a gas geyser or multipoint heater of a capacity not exceeding three gallons, fitted with an inlet valve automatically controlling both gas and water so that no gas can be released, otherwise than through a bypass, by the apparatus unless water is flowing through a 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, in either case, the apparatus is not thereby subjected to a working pressure higher than that for which it is designed, is controlled by a stop tap inlet, and has no tap or other means of controlling the flow of water at the outlet, and if every discharge point is in the open air above the overflowing level of any bath, lavatory basin, sink, or other appliance supplied therefrom.
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:
Provided that such an arrangement may be sanctioned by the Water Authority in special cases where —
(a) both the hot water apparatus and the other source are supplied with water direct from a service pipe from the mains of the Water Authority; or
(b) both the hot water apparatus and the other source are supplied with water from the mains of the Water Authority through a feed cistern.
Where cold water is supplied to any geyser or other hot water apparatus from a feed cistern, the outlet from the cistern to such apparatus shall be two 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 water shall be delivered therefrom to the hot water apparatus only.
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 any other purpose, any outlet for any such other purpose shall be at the same level as the outlet to the hot water apparatus.
No mixing valve or combination tap assembly in which hot water and cold water are mixed, other than any such valve or assembly forming part of an electric or gas water heater permitted by regulation 48 to be connected directly to a service pipe, shall be supplied with cold water directly from a service pipe.
Every pipe used for conveying hot water shall be of galvanised steel, galvanised wrought iron, copper or of some corrosion-resisting alloy:
Provided that this regulation shall not prohibit —
(a) the use of cast iron pipes of less than two-inches internal diameter, if suitable provision for their expansion is made; or
(b) the use of non-galvanised steel or wrought iron pipes, if they form part of a closed circuit from which water is not drawn.
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 —
Largest internal diameter of pipe
Distance in feet
Exceeding ¾ inch but not exceeding
No tap or other means of drawing water, other than a tap with a removable key for emptying the cistern for cleaning or repairs, shall be connected to any part of a hot water system below the top of the hot water storage cistern or pressure vessel 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 a hot water cistern 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 two hundred gallons, this regulation shall apply with the substitution of the fraction “three-fourths” for the fraction “one-fourth”;
(b) in the case of a hot water cistern comprising more than one hot water pressure vessel at different levels, this regulation shall apply only to the lowest pressure vessel; and
(c) this regulation shall not apply in the case of an open vessel in which water is directly heated.
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 water-tight plug, or some other equally suitable apparatus.
The level of the point of discharge of the hot or cold water to a fixed bath, lavatory basin or sink shall be not less than one and one-half inches above the centre of the overflow, or, if there is no overflow, of the top edge of the bath, basin or sink:
Provided that this regulation shall not apply to any bidet, sitzbaths, slop or sluicing sink, or similar apparatus, if every pipe conveying hot or cold water to such apparatus is connected to —
(a) a storage cistern supplying water to such apparatus only; or
(b) a flushing cistern.
(1) Every water closet every urinal shall be provided with a flushing cistern, or with some other equally efficient and suitable flushing apparatus.
(2) Every flushing cistern or range of flushing cisterns shall, wherever practicable, be controlled by a stop tap by means of which the flushing cistern or range of flushing cisterns can be closed off without shutting down the rest of the water fittings on the premises, and this stop tap shall have a crutch head or hand wheel securely fixed to it.
Every flushing apparatus provided in connection with a urinal shall be operated by hand, excepting in such cases where the use of automatic flushing systems is specially approved in writing by the authorised officer.
Every water-closet basin shall be so constructed as to be efficiently cleaned by a single flush.
An efficient draw-off tap in a position convenient for drawing drinking water shall be provided on the service pipe in every house.
Every pipe supplying water to a watering-trough for animals shall be fitted with a ball tap, 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 which can be locked by a removable key.
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.
(1) An earth-wire connecting an electrical installation to a water or service pipe shall be used only —
(a) as a measure of safety for the purpose of returning to the source of supply such leakage current as may flow or result from a failure in insulation; and
(b) for radio frequency currents and those from radio interference suppression devices.
(2) In no case shall an earth connected be made to a distribution pipe and any such earth connection existing at the date of the coming into operation of these Regulations shall be removed and re-connected to a service pipe in the manner hereinafter specified, within three months of the coming into operation of these Regulations.
(3) All earth connection to water mains or service pipes shall be such as to ensure an efficient electrical connection without damage to the main or the pipe and shall be made in accordance with such rules for the supply of electricity as may be in force at the time.
(4) Earth connections to buried water mains or buried service pipes shall only be made after notice to and in a manner approved by the Water Authority.
(5) Wherever an earth connection is made to a service pipe on any premises to which water is supplied by meter or where provision has been made for the installation of a meter, either —
(a) the earth connection shall be made upstream of the meter; or
(b) a proper, sufficient and suitable electric bond shall in all such cases be placed across such water mains or across the fitting where such meter is later to be installed.
This bond shall be fixed by the consumer free of expense to Government or the 0Water Authority before the earth connection is made to the service pipe or, where the earth connection existed at the date of the coming into operation of these Regulations, such bond shall be fixed within three months of such date.
(6) Where the Water Authority has reason to believe that damage to water mains or water pipes is being caused by an excessive flow of current from an earth connection made to a service pipe or water main, it may require the removal of the earth connection from the pipe or the main.
(7) When premises are supplied with water from the water main or service pipes made wholly or in part of non-electrical conducting materials, the Water Authority may prohibit the earthing of electrical installations to such water mains or service pipes if, in its opinion such water mains or pipes are unlikely to form an efficient earthing medium, and any existing earth connections to such mains or pipes shall be removed within fourteen days of notice of the prohibition being served on the consumer.
(1) No consumer shall have more than one communication pipe to the same premises except with the approval of the Water Authority.
(2) No service pipe or distributing pipe shall be extended so that the water can be drawn therefrom for any other premises.
(3) No communication pipe shall be tapped to give a supply of water to any consumer except with the consent in writing of —
(a) the consumer served by the communication pipe;
(b) the owner of the pipe; and
(c) the Water Authority who may withhold consent if, in its opinion, the communication pipe is inadequate to supply the needs of both consumers.
Consent given by the original consumer served by the communication pipe may be withdrawn at any time:
Provided that such consumer gives one month’s notice in writing to the Water Authority and the other consumer of his intention so to do and provided further that he pays the charges for charges for disconnection of the other consumer’s pipe.
(4) Paragraph (3) of this regulation shall not apply in the case of a block of flats or group of houses on the same holding and under the same ownership. The owner of such property may tap a communication pipe supplying one of the flats or houses to supply other flats or houses within the holding on obtaining the prior approval of the Water Authority which shall be satisfied that the communication pipe is adequate to meet the requirements of all consumers.
(5) Except with the consent of the Water Authority no supply shall be given to any consumer otherwise than through a meter.
Every consumer who shall require a new supply or an extended supply of water or who requires to carry out alterations (other than renewals or repairs) to an existing supply of water shall, before any water pipe or water fitting is fixed in or in connection with the supply, apply for approval on such form as the Water Authority may require. He shall also in the same form state the name and address of the licensed plumber whom he intends to employ on the installation of the pipes or water of fittings.
(1) Any consumer wishing to have his water service cut off or reconnected shall make written application on such form as the Water Authority may require giving at least three days notice of the date on which he desires the cut off or reconnection to be affected.
(2) Any consumer who fails to comply with paragraph (1) of this regulation in respect of disconnection of water supply shall, notwithstanding the fact that he may have vacated the premises concerned, be held liable for the payment of all water consumed on the premises until the Water Authority disconnects the supply or until some other consumer assumes responsibility for such payment, whichever event first occurs.
(1) The installation of the communication pipe and the fixing of the meter for private supplies shall be carried out by the Water Authority which shall supply all labour required and which may, at its discretion, supply part or all the necessary fitting at the expense of the consumer.
(2) Should the Water Authority desire to lay public main in lieu of part of a communication pipe, the additional cost of laying the main instead of the communication pipe shall be borne by the Water Authority and the main will thereupon vest in the Water Authority.
(3) Charges for connection to the main, for fixing the meter and turning on the water shall be as laid down in the First Schedule hereto. These charges together with the estimated cost of the labour in paragraph (1) of this regulation shall be secured by a deposit to be paid by the consumer before work is commenced.
(4) The cost of re-instatement of any road or path resulting from a connection to a main installed under this regulation shall lie upon the consumer and is not included in the charges prescribed in the First Schedule.
(1) Permission to construct a fire service in premises may be granted by the Water Authority to enable water to be drawn from the waterworks for the purpose of combating fire in such premises.
(2) Such permission shall be subject to such conditions as the Water Authority may require.
Annual fee shall be paid in advance for the retention of a fire service and shall be as in the First Schedule hereto.
The cost of fire service including the connection to the main shall be borne by the permitted person who shall be entirely responsible for the maintenance of such fire service.
When a licensed plumber has been instructed to construct, alter or repair a fire service, he shall prepare a plan of the work required and submit it to the Officer in Charge of the Police District. If the Officer in Charge of the Police District approves the proposals he shall endorse the said Form and the plan accordingly and pass them to the Water Authority.
Every swimming bath which is supplied with water from the public mains shall comply with the following requirements —
(i) it shall be constructed of reinforced concrete or other approved type of construction, in accordance with a specification and design approved by the Water Authority before work thereon is commenced. Any leakage from the pool, measured from the water line at which the bath is designed to be used shall not exceed one-eighth of an inch in twenty-four hours, due allowance being made for evaporation from the surface of the water;
(ii) the inlet pipe of every swimming bath shall discharge into a separate and distinct chamber from the bath so that the inlet shall discharge at least nine inches above the water line of the chamber. The chamber shall be covered and locked with a removable key and shall only be opened by the consumer or the consumer’s servants for the purpose of re-charging the bath;
(iii) the control valve on the service pipe or distributing pipe which serves the bath shall also be in the inlet chamber and shall only be accessible for operation when the chamber is open;
(iv) every swimming bath over 10,000 gallons capacity shall be provided with an efficient plant for the continuous purification of the water of such capacity that the water can be circulated through the purification plant at least twice in twenty-four hours.
A certificate for test of leakage shall be issued by the Water Authority and shall be renewed annually. The consumer shall not permit any person to use the swimming bath until such certificate shall have been granted or renewed as the case may be. The charges for granting or renewing a certificate shall be as set out in the First Schedule hereto.
Should the bath become depleted by an amount of 10,000 gallons or more, due to the bath being cleansed or otherwise notice in writing shall be given to the Water Authority at least three days prior to the consumer wishing to re-charge the bath. It shall be at the discretion of the Water Authority to refuse consent for the re-charging of any bath owing to shortage of supply, or if the water from the public mains is required for more important uses.
No swimming bath shall be constructed so as to cause waste or undue consumption of the water supplied from the public mains.
(1) Every standpipe which is accessible to the public shall, unless exempted by the Water Authority in writing, be provided with a non-concussive self-closing or other suitable waste-preventing tap.
(2) Water taken from a public standpipe shall be drawn into a vessel or receptacle except when required for drinking purposes by wayfarers.
(3) No person shall use a public standpipe for bathing or for washing persons, animals, clothing or other articles.
(4) Every person who shall draw water from a public standpipe shall thereafter completely close the tap on the pipe.
(5) No hose shall be attached to the tap of any standpipe.
(6) No operating handle of any tap on a standpipe shall be fixed or tied by any person so that a continuous discharge of water results but shall only be operated by the hand of the person wishing to draw water from the standpipe.
Except with the written consent of an authorised officer (which consent may stipulate the conditions upon which such a supply may be given), no person shall use water supplied by the Water Authority —
(a) for operating a water-cooled refrigerating apparatus;
(b) for operating any apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating the water;
(c) for cleaning, regenerating or supplying motive power to any apparatus used for softening water;
(d) for a fountain or other ornamental device;
(e) in connection with any surgery, dental surgery or laboratory; or
(f) for the manufacture of aerated water in a soda fountain or similar device.
All meters shall be supplied, fixed and maintained by the Water Authority and shall be and remain Government property, but the consumer shall be solely responsible for the safe custody of the meter or meters while they are fixed on the service pipe or pipes supplying his premises with water. No consumer shall permit any meter to be removed from his supply unless the person seeking to remove such meter presents to the consumer a written authority from the Water Authority authorising him to remove such meter.
The siting of the meter shall be decided upon by the Water Authority who shall at liberty to fix the meter at a point convenient to him. Meters may be fixed on any wall (internally or externally) of the consumer’s building and at such height from the floor as may be deemed necessary.
(1) The Water Authority may at its discretion change a meter at any time.
(2) The Water Authority may at its discretion remove the meter from any supply and during the period for which the water is not registered by a meter, the volume of water consumed shall be deemed to be the same as the average volume supplied during a period of three months immediately preceding the removal of the meter provided that the consumer may require a meter to be installed if the period during which the supply has not been metered exceeds twelve months.
(1) A consumer who doubts the accuracy of the meter which measures his water supply may, upon payment of the deposit equal to the fee laid down in the First Schedule hereto have such meter tested by the Water Authority and the consumer shall be deemed to have agreed that the result of such test shall be binding upon him.
(2) A meter shall be said to register correctly when the inaccuracy does not exceed three per cent.
(3) In the event of the meter being found to over-register, the deposit shall be refunded to the consumer. If the meter is found correct or to under-register, the deposit shall be forfeited and shall be credited to the revenue of the Water Authority.
(4) When it is shown to the satisfaction of the Water Authority that a meter has, from any cause, failed to register correctly the volume of water supplied to any premises, the charges to be made in respect of any month or part of a month during which, in the opinion of the Water Authority, such failure has continued shall be —
(a) on the basis of the average consumption for such or similar premises for the last three completed months during which in the opinion of the water Authority there was no such failure; or
(b) upon the basis of an addition to the amount chargeable for a particular month or of a subtraction therefrom of any amount corresponding to the percentage by which such meter was determined by the Water Authority to be registering too much or to little as the case may be.
The choice of these alternative methods shall be entirely within the discretion of Water Authority; and when it has certified the amount payable in accordance with one or other of these methods of calculation such amount shall immediately become payable by the consumer and shall be recoverable as a civil debt:
Provided always that no additional amount may be recovered from any consumer under this regulation in respect of any period more than two months prior to the month in which the meter is found to be faulty as described above.
(1) After the expiration of a period of twelve month from the date on which these Regulations shall come into force, no person excepting the authorised officers of the Water Authority shall carry out any works connected with construction, fixing, alteration or repair of water pipes and fittings which carry or are to carry water supplied from the public mains, unless he is in possession of a valid plumbers licence granted under these Regulations.
(2) Such licences shall be granted to persons (or firms employing persons) who shall, after due examination, satisfy the Water Authority that they possess the requisite qualifications.
(3) Such licence shall be in Form 1 in the Third Schedule hereto and shall specify the period for which it shall remain in force and the class of work the licensee is authorised to undertake, and shall be revocable at any time at the absolute discretion of the Water Authority without compensation.
(4) A fee shall be paid before any licence shall be granted and an annual fee shall be paid for any renewal of such licence. Such fees shall be at the rates laid down in the First Schedule hereto.
(5) A licensed plumber shall keep and maintain all plants, tools and stocks of material as may be deemed necessary by the Water Authority for the installation or repair of private supplies.
(1) Every consumer or licenced plumber on his behalf who requires to instal a new supply or an extended supply of water from the public main, or to alter an existing supply of water from the public main (other than a repair or renewal to any premises) shall, before any water pipe or water fitting is fixed in or in connection with such supply, give the Water Authority at least three days’ notice of his intention to fix such pipe or fitting.
(2) A consumer or licensed plumber may be required to send any pipe or fittings he intends to instal in any supply to the Water Authority for examination and test.
(1) On completion of all the private piping and fittings installed in connection with a new, extended or altered private supply or fire service, the consumer or licensed plumber shall notify the Water Authority that these are ready for examination and test and submit an application on such form as the Water Authority may require for a connection to the waterworks.
(2) The service pipe from the meter (or, if there be no meter from such suitable point as the Water Authority may direct) and all the pipes and fittings which have been fixed in connection with the installation may be subjected to such tests as the Water Authority considers necessary, and the consumer or licensed plumber shall give such assistance on the premises as to enable such examination and test to be carried out.
(3) If the installation shall prove satisfactory on examination and test, and the consumer has signed the appropriate undertaking in the form required by the Water Authority the connection to the main and installation of the meter will be carried out by the Water Authority at the cost of the consumer.
In a case where the installation shall not prove satisfactory to the Water Authority it shall send to the consumer a notice indicating in which respect the installation is not satisfactory.
NOTIFICATION OF RESTRICTION OR SUSPENSION OF SUPPLY
If in the opinion of the Water Authority it is necessary to restrict or suspend the supply —
(a) under paragraph (a) of section 16 of the Ordinance, notice will be given in the Gazette or in any newspaper circulating in the area approved by the Water Authority;
(b) under paragraph (b) of section 16 of the Ordinance, notice will be served by hand in Form 2 in the Third Schedule hereto on the consumer affected; and
(c) under paragraphs (c), (d), (e) and (f) of section 16 of the Ordinance, no notice will be given.
In all the above cases, the Water Authority shall incur no liability for compensation to consumers or to any person whatsoever on account of restriction or suspension of the supply to any premises or to public standpipes.
(1) Disconnection of the supply to any consumer under section 14 of the Ordinance may be effected by severing the inside service or by such other means as the Water Authority may deem necessary.
Notice that the supply is to be disconnected shall be given in Form 2 in the Third Schedule hereto.
(2) After the requirements of the Ordinance have been complied with a fee as laid down in the First Schedule hereto shall be paid by the consumer for the reconnection of any supply so disconnected.
(1) The responsibility for keeping an inside service including all fittings, clean and in good repair and in accordance with the standard set by these Regulations shall rest entirely with the consumer.
(2) In the event of any defect in or of any pipes or fittings on the inside services of any premises being discovered to be unsatisfactory the Water Authority shall serve notice upon the consumer.
(3) If any part an inside service is discovered to be dirty and in the opinion of the Water Authority a possible source of pollution of the water in the mains, it shall be considered defective and notice will be served on the consumer accordingly.
(4) If the defect to the inside service specified by notice under paragraph (3) duly served be not remedied within five days of the date of such notice or such extended time as the Water Authority shall consider necessary, the inside service shall be disconnected from the waterworks by the Water Authority under section 14 of the Ordinance after service of notice as in Form 2 in the Third Schedule hereto.
PAYMENT OF MONEY
(1) The Water Authority shall submit accounts for money due for water supplied.
(2) If in any case moneys due are not paid within fourteen days from the date of presentation of the account, a notice of intention to disconnect the service shall be sent by the Water Authority in Form 2 in the Third Schedule hereto:
Provided that nothing shall prevent action under section 14 or proceedings under section 18 of the Ordinance being taken without notice to the person in default.
(3) The appropriate fee shall be payable by a consumer to whom a notice has been sent under the provisions of paragraph (2).
(1) In the case of a deposit requested to cover the amounts due or to become due for chargeable water or an existing inside service, the service will be disconnected from the waterworks after service of a notice in Form 2 in the Third Schedule hereto if payment of the deposit is not made within fourteen days from the date of service of such notice.
(2) In the case of a new inside service, a connection to the waterworks will not be given until payment of the specified deposit.
(3) Deposits against payment of the amount due or to become due for chargeable water will be held until the inside service has been disconnected from the waterworks by the Water Authority at the request of the consumer and all amounts due for chargeable water have been paid by the consumer.
The amount of all fees payable under these Regulations shall be as laid down in the First Schedule hereto.
The price of water shall be as prescribed in the Second Schedule hereto in respect of the several areas of supply therein enumerated.
FORM AND SERVICE OF NOTICES
Notices required to be given or sent under the Ordinance and these Regulations to a person or persons shall be issued under the hand of the Water Authority or an officer authorised on its behalf and shall be served either by delivering the same by post to the person or persons to whom they are addressed or by leaving the same at the residence or place of business of such person or persons, or by leaving the same on the premises to which such notices relate.
Connection to the water main including provision and installation of stopcock and meter box —
(i) With ¾ inch diameter or smaller pipe and RM1.00 per foot of pipe used … …
(ii) With 1 inch diameter or smaller pipe and RM1.25 per foot of pipe used … …
(iii) With 1½ inch diameter or smaller pipe and RM1.75 per foot of pipe used … …
(iv) With 2 inch diameter or smaller pipe and RM2.50 per foot of pipe used … …
(v) With 3 inch diameter or smaller pipe and RM4.00 per foot of pipe used … …
(vi) With over 3 inch diameter pipes-actual cost of materials together with an additional charge of 10% of the cost of material and of the labour.
Fire service retention —
(i) 2 inch diameter connection, per annum
(ii) 9 inch diameter connection, per annum
(iii) 4 inch diameter connection, per annum
(iv) 6 inch diameter connection, per annum
Granting or renewing a certificate of leakage test of swimming bath
Renewal of Plumber’s licence
Reconnecting supply and/or refixing meter
Notice of intention to disconnect service …
PRICE OF WATER
1. The standard price of water for consumption in the areas mentioned in the 1st column shall be that specified in the 2nd column for every per 1,000 litres and subject to the minimum charge for every per quarter as stated in the 3rd column hereunder —
Area of Supply
Charge for every per 1,000 litres
Subject to a minimum charge for every per quarter of
Kota Kinabalu … … …
Tuaran … … … …
Sandakan … … … …
Tawau … … … …
Papar … … … …
Labuan … … … …
Lahad Datu … … …
Tamparuli … … … …
Kudat … … … …
Keningau … … … …
Sipitang … … … …
Tenom … … … …
Weston/Lingkungan … …
Semporna … … … …
Beaufort … … … …
Membakut … … … …
Kuala Penyu … … …
Kunak … … … …
Nabawan … … … …
Tambunan … … … …
Ranau … … … …
Bingkor … … … …
Kota Marudu … … …
Beluran … … … …
Area of Supply
Charge for every per 1,000 litres
Subject to a minimum charge for every per quarter of
Kota Belud … … …
Limau Limauan … … …
2. Water supplied to ships, water boats or in bulk for any purpose, other than supplied by meter to the consumers’ premises shall be charged at the rate of RM2.70 per 1,000 litres.
3. In the case of any school registered under any written law relating to the registration of schools, the charges specified in paragraph 1 shall only be levied on fifty per centum of the water consumed by any such school.
4. No charge shall be levied in respect of water supplied to religious worship only, to any mosque, temple, church or other place of worship declared as such under a certificate under the hand of the District Officer of the district in which such mosque, temple, church or other place of religious worship is situated.
Office of the Water Authority,
Licence No. ………………………
is hereby authorised to carry out work in Sabah in connection with the construction, alteration and repair of inside service, or fire service for the supply of water from the waterworks subject to the Water Supply Ordinance 1961 for the period from 1st January 19 ………, to 31st December 19 ……., both days inclusive.
……………………………………………… 19 ….
Licence Fee: RM …………………………………...
Renewal of Licence.
Fee: RM ……………………………………………..…
(Regulations 89(1), 90(4), 91(2) and 92(1))
Office of the Water Authority,
In accordance with the powers conferred upon me by the water Supply Ordinance 1961, I hereby notify you that the water supply at the premises detailed below is to be disconnected on ………………………………..…….. under the Water Supply Ordinance 1961 for the reason stated below.
Reason for disconnection …………………………………………………….…….
* In force 1st January 1962 – see G.N.S 152/61. This Ordinance was repealed by Enactment No. 6 of 1981 but revived by Enactment No. 5 of 1987.
* Throughout the Ordinance “Yang di-Pertua Negeri” is substituted for “Yang di-Pertua Negara” by virtue of Enactment No. 17 of 1976.
* See Water Supply Regulations 1961 at page 21 infra.
* In force 1st January 1962–see G.N.S 152/61.