THE WATER SUPPLY AND SANITATION (QUALITY OF SERVICE) RULES, 2016
This section is titled “Interpretation” and refers to quality of service targets.
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About this statute
This section is titled “Interpretation” and refers to quality of service targets. This section is titled “Quality of Service Targets and Customer Service Charter.” This section is about monitoring compliance with quality of service targets. Section 8 is a penalty section for Part III on application for water supply and sanitation services. This section is titled “Maintenance of a Service Line.”
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Provisions of THE WATER SUPPLY AND SANITATION (QUALITY OF SERVICE) RULES, 2016
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Interpretation
AI-assisted research summary: This section is titled “Interpretation” and refers to quality of service targets.
3. Interpretation QUALITY OF SERVICE TARGETS PART II
Part
PART II
- 4 Verify source ↗
Quality of Service Targets and Customer Service Charter
AI-assisted research summary: This section is titled “Quality of Service Targets and Customer Service Charter.”
4. Quality of Service Targets and Customer Service Charter - 7 Verify source ↗
Monitoring Compliance to Quality of Service Targets
AI-assisted research summary: This section is about monitoring compliance with quality of service targets.
7. Monitoring Compliance to Quality of Service Targets - 8 Verify source ↗
Penalty
AI-assisted research summary: Section 8 is a penalty section for Part III on application for water supply and sanitation services.
8. Penalty PART III APPLICATION FOR WATER SUPPLY AND SANITATION SERVICES - 4 Verify source ↗
(1) A licensee is obliged to meet all the quality of
AI-assisted research summary: A licensee must meet the quality of service targets in the First Schedule and update its Customer Service Charter within three months to include those targets and sanctions for non-attainment.
4. – (1) A licensee is obliged to meet all the quality of service targets as prescribed in the First Schedule. (2) A licensee shall within three months of coming into force of these rules incorporate in its Customer Service Charter, quality of service targets and sanctions for non- attainment of the said quality of service targets. (3) Any licensee who fails to meet the quality of service targets as prescribed in the First Schedule shall be liable to pay compensation to the affected person in the amount prescribed under the Second Schedule. (4) The payment for compensation for breach of service targets under sub-rule (3) shall be made in accordance with the provisions of rule 2. - 5 Verify source ↗
In the event a customer is aggrieved by the amount
AI-assisted research summary: A customer who is unhappy with the compensation amount payable by a licensee may complain to the Authority.
5. In the event a customer is aggrieved by the amount payable by a licensee as compensation in terms of rule 4, such customer may lodge a complaint to the Authority for determination in terms of the provisions of Part VI of the EWURA Act. - 6 Verify source ↗
Any licensee who contravenes the provisions of sub
AI-assisted research summary: A licensee who contravenes sub-rule (2) commits an offence and, if convicted, may be fined 100,000 shillings, imprisoned for up to six months, or both.
6. Any licensee who contravenes the provisions of sub- rule (2) commits an offence and shall, upon conviction, be liable to a fine of one hundred thousand shillings or imprisonment for a term not exceeding six months or to both. 6 Quality of Service Targets and Customer Service Charter Remedies for Incorrect Compensation Penalty Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) Monitoring Compliance to Quality of Service Targets - 7 Verify source ↗
(1) A licensee shall, on an annual basis, report to
AI-assisted research summary: A licensee must report yearly on whether quality-of-service targets were met, and include details about any shortfall when relevant.
7. – (1) A licensee shall, on an annual basis, report to the Authority on the attainment and non-attainment of the quality of service targets. The report on non-attainment of quality of service targets shall include, as appropriate, details on: (a) affected area/premises/persons; (b) duration of event; (c) corrections undertaken; and (d) compensation paid. (2) A licensee shall submit to the Authority the report under sub-rule (1) as part of its annual report. (3) The Authority shall, at any time after receipt of the information under sub-rule (1), verify the correctness of the said information. (4) The Authority may, while verifying the correctness of the information under sub-rule (1), consult the Council. - 8 Verify source ↗
Any licensee who contravenes the provisions of rule
AI-assisted research summary: Any licensee who breaches rule 7(1) or (2) commits an offence and may be fined 100,000 shillings, imprisoned for up to six months, or both.
8. Any licensee who contravenes the provisions of rule 7 (1) and (2) commits an offence and shall, on conviction, be liable to a fine of one hundred thousand shillings or imprisonment for a term not exceeding six months or to both. PART II APPLICATION FOR THE WATER SUPPLY AND SANITATION SERVICES Penalty Application for the Service - 9 Verify source ↗
(1) A customer shall, before being supplied with
AI-assisted research summary: A customer must apply for service before being supplied, and the licensee must connect the service once the application is received, field verification is done, and applicable charges are paid.
9. – (1) A customer shall, before being supplied with the service by a licensee, make an application for the said service to the licensee in accordance with the provisions of the Act and these rules. (2) The application under sub-rule (1) shall be subjected to other legal requirements including payment of such charges as may be applicable in respect of the delivery of the service. 7 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) (3) A licensee shall connect service to a customer upon receipt of an application, conclusion of field verification of the existence of a water main adequate to provide the requested service and payment of all applicable charges. (4) Acceptance of an application for the service and payment of all applicable charges shall constitute a guarantee by a licensee to provide the requested service. Ownership of a Service Line - 10 Verify source ↗
The service line shall remain the property of a
AI-assisted research summary: The licensee must maintain the service line at its own expense, unless these rules say otherwise.
10. The service line shall remain the property of a customer but under the control of a licensee and shall, except as otherwise indicated under these rules, be maintained by the licensee at its expense. Maintenance of a Service Line - 11 Verify source ↗
(1) A licensee shall
AI-assisted research summary: A licensee must handle certain service-line repairs, replacements, relocations, and inspections, and a customer must promptly report defects or damage and keep installed meters safe.
11. - (1) A licensee shall: (a) (b) (c) (d) at a customer’s request, perform at the customer’s expenses any replacement or relocation of a service line; be responsible for meeting the costs of any repair, maintenance of a leaking service line; at the expense of a customer, effect any repair, maintenance or replacement to the service line due to damages caused by the said customer; and at all times, have access to the service line which is located at the customer’s premises in order to conduct inspection therein. (2) A customer shall: (a) (b) promptly notify a licensee of any defect in or damage to any part of the service line; and at all times, be responsible for the safekeeping of meters that have been installed in the service line and which are located at the customer’s premises. PART III 8 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) METERING, BILLING AND PAYMENT PROCEDURES Metering
Part
PART III
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Maintenance of a Service Line
AI-assisted research summary: This section is titled “Maintenance of a Service Line.”
11. Maintenance of a Service Line 1 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) PART IV METERING, BILLING AND PAYMENT PROCEDURES - 12 Verify source ↗
(1) A licensee shall install, maintain and verify the
AI-assisted research summary: A licensee must install, maintain, and verify the accuracy of a meter at a customer’s service line.
12. – (1) A licensee shall install, maintain and verify the accuracy of a meter installed at a customer’s service line. (2) A licensee shall in respect of each meter installation described in sub-rule (1), comply with the Act, applicable law and prudent utility practises. Pre-installation Testing and Calibration of Meters - 13 Verify source ↗
(1) A licensee shall ensure that every water meter
AI-assisted research summary: A licensee must make sure every water meter is tested by the Certification Agency or its authorized agent, and that customer-use meters are calibrated and sealed by the Certification Agency.
13. – (1) A licensee shall ensure that every water meter is tested by the Certification Agency or its authorized agent pursuant to the provisions of the Act, these rules and other applicable laws. (2) A licensee shall ensure that a meter used to ascertain the volume of water consumed by a customer is calibrated and sealed by the Certification Agency pursuant to the provisions of the Act, these rules and other applicable laws. Meter Reading - 14 Verify source ↗
(1) A licensee shall read meters in order to
AI-assisted research summary: A licensee must read meters to determine water consumed and estimate consumption when a meter is stopped or malfunctioning.
14. - (1) A licensee shall read meters in order to determine the amount of water consumed. (2) A licensee shall estimate the volume of water consumed during the period when a meter is stopped or is malfunctioning pursuant to the provisions of the Act, applicable law and prudent utility practices. Meter Testing Equipment - 15 Verify source ↗
(1) A licensee supplying metered water service to
AI-assisted research summary: A licensee supplying metered water service must provide a water meter test bench, unless exempted under the stated testing-arrangement condition.
15. - (1) A licensee supplying metered water service to its customers shall make available a water meter test bench. (2) The licensee’s water meter test bench shall, in so far as is practicable, simulate the actual service conditions of temperature, inlet pressure and outlet pressure. (3) A licensee may be exempted from the requirement in sub-rule (1) above, if satisfactory arrangements are made to test its meters by another licensee's water meter test bench or certified agency equipped to test meters in compliance with these rules. (4) Where a standard test meter is used for field testing 9 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) of service meters, such device shall be checked in a water meter test bench for accuracy at least once a year, adjustments made when necessary and a record kept of such tests and adjustments. Meter Inspection and Testing - 16 Verify source ↗
(1) Meter inspection and testing exercise shall be
AI-assisted research summary: A licensee must witness meter inspection and testing with a customer or the customer’s representative, record required details and photos, prepare and sign a report, and note any refusal to counter-sign.
16. - (1) Meter inspection and testing exercise shall be witnessed by a customer or his representative. (2) No seal affixed to a meter to be inspected and tested shall be broken or removed unless witnessed by the category of people mentioned under sub-rule (1). (3) A licensee shall, during the inspection exercise, take readings of a meter, details of the outer and inside the meter and take as many photos as necessary during the whole exercise. (4) At the conclusion of the inspection and testing exercise, a licensee shall prepare a meter inspection and test report, and shall thereafter sign it and allow a customer or its representative to counter sign it. (5) A meter inspection and test report shall as a minimum include the following : (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) customer name, address, meter number and account number; name and address of the laboratory; the date and reason for the test; the name and address of the manufacturer or the trademark used; the meter designated permanent flow rate; the year of manufacture and the individual serial number of the meter tested; the reading of the meter before making the test; the type and capacity of the meter; the measured water volume with the meter; the measured water volume with the meter test facility; accuracy of the meter; and 10 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) Meter Seal Meter Accuracy Verification (l) if the test of the meter is made by using a standard meter, a licensee shall retain all data taken at the time of the test in a form that permits appropriate verification of the test methods and the calculations. (7) A licensee shall, in the event a customer or its representative refuses to counter sign a meter inspection and test report as required by sub-rule (6), note down that fact in the report. (8) A licensee may prepare manual or internal rules of procedure that may be used by its officials in regulating the manner in which inspection and testing of a meter shall be conducted, provided however, the said manual or rules of procedure shall be in line with the requirements of the Act and these rules. - 17 Verify source ↗
Upon completion of adjustment and test of any
AI-assisted research summary: A licensee must seal a water meter after its adjustment and test are completed.
17. Upon completion of adjustment and test of any water meter under the provisions of these rules, a licensee shall affix thereto a suitable seal in such a manner that adjustment or registration of the meter cannot be effected without breaking the seal. - 18 Verify source ↗
(1) If any dispute arises between any customer and
AI-assisted research summary: Customers and licensees may witness meter accuracy verification, disputes go to the Certification Authority, and fraud-related complaints may be appealed within 21 days.
18. - (1) If any dispute arises between any customer and a licensee as to whether any meter by which the volume of water is ascertained is or not in proper order for correctly registering that volume or as to whether that volume has been correctly registered by any meter that dispute shall be determined upon the application of either party to the Certification Authority whose decision shall be final and binding to all parties and the reading of the meter shall be conclusive as to the volume of supply, in the absence of fraud. (2) A licensee and a customer or their duly appointed representatives shall have the right to witness the verification of meter accuracy under sub-rule (1). (3) Any party who is aggrieved by the results in sub- 11 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) rule (1) on reasons of fraud may appeal to the Authority within twenty-one days after receipt of the results. Removal of Meters from the Customer’s Premises - 19 Verify source ↗
(1) No meter used to ascertain the volume of
AI-assisted research summary: A water meter generally cannot be removed for testing unless the customer or a representative is present, but removal is allowed if the customer waived that right in writing or attendance cannot be obtained.
19. – (1) No meter used to ascertain the volume of water consumed shall be removed from the customer’s premises for testing and verification of accuracy pursuant to rule 17 unless the customer or his representative is present. (2) Before any meter used to ascertain the volume of water consumed is removed a licensee shall read the final readings of such meter, record details of the outer structure of the meter, photograph it and thereafter sign a sheet of paper containing the above details and the customer shall counter sign it. (3) A meter used to ascertain the volume of water consumed may be removed from the premises of a customer in the absence of the customer where: (a) the customer has waived in writing his rights to witness the removal; or (b) the attendance of the customer or its representative cannot be procured. Preparation of Bills - 20 Verify source ↗
(1) No water supply bill shall be prepared save as
AI-assisted research summary: A licensee must prepare water supply bills only as provided by the Act and these rules, include required billing details, bill customers on time, keep billing records, and not charge for bills or billing information.
20. – (1) No water supply bill shall be prepared save as it is provided for under the provisions of the Act and these rules. (2) A licensee shall ensure that customer’s billing information consists of the following: (a) the customer’s billing name, account number, meter number, location and postal address; (b) the licensee’s current business name and address; (c) a bill number; (d) the billing period; (e) a description of different charges for which the customer is billed; (f) the total amount billed, applicable credits, payments or discounts, and the net amount 12 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) payable by a customer or refundable, if any, by a licensee; (g) the date on which the bill is issued; (h) the bill or refund payment due date; (i) billing method including volumetric or flat rate charges; (j) methods of refund payment including cash refund or credit into next bill; (k) methods of contact for complaints and billing inquiries; and (l) a telephone line for complaints and billing inquiry calls. (3) Notwithstanding the generality of sub-rule (1) a licensee shall: (a) ensure that bills supplied to a customer are accurate, timely and verifiable; (b) ensure that records of a customer’s bill and related charges are retained for a minimum period of three years. (c) process and issue bills within thirty days after the closure of each billing period; (d) issue a bill to a new customer within thirty days after connection; and (e) ensure that a customer is able to verify his bill payment in the immediate previous bill by acknowledgement of receipt of the said payment in the next bill issued (4) A licensee shall not charge its customers for any bill issued or any bills related information. (7) A licensee shall ensure that, where a metered customer is issued with an estimated bill: (a) the said bills are not issued for three consecutive months or more than three times in any twelve- month period; (b) it gives a notice informing the customer that the 13 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) issued bill is an estimated one; and (c) it gives the reasons in the bill as to why it has issued an estimated bill. Preparation of Supplementary Bills - 21 Verify source ↗
(1) A
AI-assisted research summary: A licensee may prepare supplementary bills in certain cases, including meter malfunction, billing errors with customer written agreement, or water theft, but the bill cannot cover more than three months from the relevant event.
21.-(1) A licensee shall be allowed to prepare supplementary bills where: (a) a report from meter inspection and testing has indicated that the meter has malfunctioned; (b) the results in rule 18 has indicated that there were some errors in preparation of bills or the meter has malfunctioned and a customer has agreed in writing on such errors or malfunctioning; and (c) a customer is found stealing water. (2) Notwithstanding the provisions of sub-rule (1) a supplementary bill to be prepared by a licensee pursuant to sub-rule (1) shall not exceed a period of three months counted from the date of occurrence of any of the circumstances mentioned in sub-rule (1). Remedies for Incorrect Bills - 22 Verify source ↗
A customer may, in the event he is aggrieved by,
AI-assisted research summary: A customer who is aggrieved by a bill or supplementary bill may lodge a complaint with the Authority for determination.
22. A customer may, in the event he is aggrieved by, (a) a bill issued by a licensee under rule 20; or (b) a supplementary bill issued by a licensee under rule 21, lodge a complaint to the Authority, in terms of Part VI of the EWURA Act, for determination. Payment Arrangements - 23 Verify source ↗
(1) A customer shall pay any bill issued by a
AI-assisted research summary: A customer must pay a licensee’s bill within 30 days of receiving it. If the customer cannot pay, they may contact the licensee before the due date to try to agree payment terms and keep services. A licensee may disconnect water service after the bill remains unsettled past the stated period, and may also sue for recovery.
23. – (1) A customer shall pay any bill issued by a licensee not later than thirty days after receipt of the said bill. (2) In the event a customer is unable to pay his bills, he may contact a licensee in advance of the due date, and negotiate terms for settling the outstanding balances while retaining services. (3) A licensee may, in the event of unsettled bill after 14 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) the expiration of thirty days from the date of receipt of the said bill and subject to the provisions of rule 30, disconnect water supply service from the premises of a customer who has not paid the bill. (4) Notwithstanding the right to disconnect services under sub-rule (3), a licensee may sue a customer in an ordinary court of law for recovery of any outstanding bill. - 24 Verify source ↗
(1) A licensee may offer a payment plan, which
AI-assisted research summary: A licensee may offer a payment plan of up to six months, tailored to the customer’s ability to pay, and the customer must keep paying current bills and balances during the plan.
24. – (1) A licensee may offer a payment plan, which shall, not exceed six months, to the customer prescribed under rule 23 (2), on terms tailored to meet the customer’s ability to pay. (4) A customer shall, at all time during the payment plan period, pay all current bills and balances, failure of which may result in immediate disconnection. Limits on Payment Plan Mode of Payment - 25 Verify source ↗
(1) A customer who is entitled to receive payment
AI-assisted research summary: A customer entitled to payment may direct the licensee to pay them directly or credit their account, but the licensee must credit the account if the customer owes money that has been outstanding for more than six weeks.
25. – (1) A customer who is entitled to receive payment from a licensee may, subject to the provisions of sub-rules (2) and (3) direct the said licensee to make the payment directly to him or credit to his account. (2) In the event a customer, who is entitled to receive payments from a licensee, has not asked for direct payment, the licensee may make the payment directly to the customer or by credit to the customer’s account. (3) In the event, (a) a customer is entitled to a payment from a licensee under these rules but owes money to the licensee; and (b) at the material time, the customer’s debt to the licensee has been outstanding for more than six weeks, the licensee shall make the payment, or so much of it as it does not exceed the amount that the customer owes, by crediting to the customer’s account. 15 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) (4) For the purposes of sub-rule (3) (b), “a material time” is: (a) where the payment is payable without a written claim being made, the time when it becomes payable; or (b) otherwise, the time when the customer makes a written claim for it. Customers to be Kept Connected - 26 Verify source ↗
(1) A licensee shall
AI-assisted research summary: A licensee must manage customer accounts carefully, keep customers connected to the water supply, and connect new customers within seven working days after full payment of connection costs or fees.
26. – (1) A licensee shall: (a) (b) prudently manage customer accounts and keep customers connected to the water supply; and connect all new customers within seven working days after making full payment of connection costs or fees. (2) A licensee shall, in the event it fails to connect a customer within the specified period, be liable to compensate the customer for any loss suffered. Issuance of a Detailed Statement of Accounts - 27 Verify source ↗
(1) A licensee shall, at least once in every
AI-assisted research summary: A licensee must issue every customer a detailed statement of account at least once each financial year.
27. – (1) A licensee shall, at least once in every financial year, issue to every customer a detailed statement of account of each customer in that year. (2) A detailed statement of accounts issued by a licensee under sub-rule (1) may be used by the licensee and a customer in making reconciliation at the end of the financial year, where the need arises. PART IV PROCEDURE ON WATER DISCONNECTION AND RECONNECTION Restriction Disconnection on
Part
PART IV
- 13 Verify source ↗
Pre-Installation Testing of Meters and Calibration of Meters
AI-assisted research summary: This section concerns pre-installation testing and calibration of meters.
13. Pre-Installation Testing of Meters and Calibration of Meters - 19 Verify source ↗
Removal of Meters from Customer’s Premises
AI-assisted research summary: This section concerns the removal of meters from a customer’s premises.
19. Removal of Meters from Customer’s Premises - 27 Verify source ↗
Issuance of a Detailed Statement of Accounts
AI-assisted research summary: This section is titled “Issuance of a Detailed Statement of Accounts” and appears in Part V on water disconnection and reconnection.
27. Issuance of a Detailed Statement of Accounts PART V PROCEDURE ON WATER DISCONNECTION AND RECONNECTION - 28 Verify source ↗
(1) No licensee shall disconnect the services from
AI-assisted research summary: A licensee may disconnect services only as allowed by these rules, and must give notice and avoid certain times and days.
28. – (1) No licensee shall disconnect the services from any customer save as it is provided for under these rules. (2) A licensee shall ensure that the measures it takes in the event of the failure by a customer to pay the bill in full: (a) are proportionate and not unduly discriminatory; 16 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) (b) are superseded by an appropriate notice to the customer in advance of the intended service disconnection; and (c) confine themselves disconnection technically feasible. to to a particular service far as the services, as (2) A disconnection on: licensee shall not carry out any (a) Fridays after mid-day; (b) Saturdays and Sundays; and (c) during public holidays. (3) Subject to the provisions of sub-rule (4) no customer shall be disconnected the services unless a notice of 30 days has been issued. (4) For avoidance of doubts issuance of a bill by a licensee with the note “the bill is a notice” and receipt of the same by a customer shall constitute reasonable notice in terms of the provision of sub-rule (3). Wrongful disconnection - 29 Verify source ↗
(1) A customer shall, in the event that he is
AI-assisted research summary: If a customer is wrongly or unjustifiably disconnected by a licensee, the customer is entitled to compensation, and the licensee must reconnect the customer within 24 hours after learning of the disconnection.
29.–(1) A customer shall, in the event that he is wrongly or unjustifiably disconnected by a licensee, be entitled to the payment of compensation at the amount prescribed in the Second Schedule. (2) A licensee shall reconnect a customer who is wrongful or unjustifiably disconnected, within 24 hours after knowledge of the said wrongful disconnection. Disconnection by a Licensee without Notice - 30 Verify source ↗
Without prejudice to the generality of any powers
AI-assisted research summary: A licensee may disconnect water supply without notice to a customer if specified compliance, access, misuse, supply, repair, or breach conditions exist.
30. Without prejudice to the generality of any powers and rights given under these rules, a licensee may disconnect the supply of water without notice to any customer where: (a) there is refusal by any customer to allow access to the premises by any authorized officer or representative of the licensee; (b) a customer’s service or connection with the 17 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) waterworks is found to be not in conformity with the Act and these rules. (c) it is found that the said customer is engaging into some activities which cause a waste, misuse or pollution of the water supplied; (d) there is insufficiency of the supply of water; (e) there is repair or readjustment to the waterworks or any meter; and (f) there is a breach by a customer of any of these rules. Reconnection Time - 31 Verify source ↗
(1) A licensee shall, with respect to a customer
AI-assisted research summary: A licensee must reconnect a customer within 24 hours after the customer settles a debt or agrees to settle the bill.
31. – (1) A licensee shall, with respect to a customer whose supply has been disconnected due to a debt and who has settled or has reached an agreement for settling his bill, reconnect the said customer within 24 hours after the debt settlement or signing of the agreement. (2) A licensee shall, in the event it fails to reconnect a customer within the specified time, be liable to compensate the customer at the amount prescribed in the Second Schedule. Debt Collection Agency
Part
PART V
- 30 Verify source ↗
Disconnection by a Licensee without Notice
AI-assisted research summary: This section concerns disconnection by a licensee without notice.
30. Disconnection by a Licensee without Notice - 33 Verify source ↗
Indemnity from Damages
AI-assisted research summary: Section 33 is titled “Indemnity from Damages” and appears under Part VI, Complaints Handling Procedures.
33. Indemnity from Damages PART VI COMPLAINTS HANDLING PROCEDURES - 34 Verify source ↗
(1) A licensee shall prepare and implement a
AI-assisted research summary: Licensees must have a simple, easy-to-understand complaint handling procedure and keep complaint records; customers may complain to the licensee or, if still dissatisfied, to the Authority.
34. – (1) A licensee shall prepare and implement a complaint handling procedure which shall be simple, less bureaucratic and easy to understand. 18 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) (2) Any customer who is not satisfied by the levels of service delivery by a licensee may lodge a complaint to the licensee who shall deal with such complaint in line with the procedure prescribed under sub-rule (1). (3) Any customer who is not satisfied by the way a licensee has handled a complaint under sub-rule (2), may lodge a complaint to the Authority for a decision. (4) A licensee shall, at all times, keep records and reports of all complaints received from customers. (5) A licensee shall take appropriate measures to ensure that persons with physical disabilities or other special need groups are able to access the premises and complaint handling process. A licensee to Implement Public Awareness Programme - 35 Verify source ↗
A licensee shall prepare and implement a public
AI-assisted research summary: A licensee must prepare and carry out a public awareness programme about handling customer complaints, and have it aired and published in various media houses.
35. A licensee shall prepare and implement a public awareness programme on matters related to handling of complaints received from customers and shall cause such programme to be aired and published in various media houses. Information to customers - 36 Verify source ↗
A licensee shall
AI-assisted research summary: A licensee must give customers requested information, explain meter reading and billing, notify affected customers about tariff changes, keep system records up to date, and share its Customer Service Charter.
36. A licensee shall: (a) (b) (c) tariff such additional schedules and furnish information as the customer may reasonably request; upon request, inform its customers as to how meters are read and the method of computing the charges billed; notify customers affected by a change in tariffs or tariff classification. (d) maintain up-to-date maps, plans or records of its entire transmission and distribution or collection and interception systems, with such other information as may be necessary to enable the water and sanitation providers to advise prospective customers; and disseminate or make known to all customers, the contents of its Customer Service Charter. (e) 19 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) PART VI GENERAL PROVISIONS General Penalty
Part
PART VI
- 35 Verify source ↗
A Licensee to Implement Public Awareness Programme
AI-assisted research summary: A licensee must implement a public awareness programme.
35. A Licensee to Implement Public Awareness Programme - 36 Verify source ↗
Information to Customers
AI-assisted research summary: Section 36 is titled “Information to Customers” and appears in the General Provisions part of the rules.
36. Information to Customers 2 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) PART VII GENERAL PROVISIONS - 37 Verify source ↗
(1) Any person who breaches any provision of
AI-assisted research summary: A person who breaches a rule with no specific penalty must pay a fine of fifty thousand shillings. If the offender is a body corporate, its directors, managers, or officers at the time may also be charged, and if the body corporate is convicted they are deemed guilty unless they prove lack of knowledge or due diligence.
37. - (1) Any person who breaches any provision of these rules for which no specific penalty is prescribed shall be liable to pay a fine of fifty thousand shillings. (2)Where a person is charged with an offence under these rules is a body corporate, every person who, at the time of commission of the offence, was a director, manager, or officer of the body corporate may be charged jointly in the same proceedings with such body corporate and where the body corporate is convicted of the offence, every such director, manager, or officer of the body corporate shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the offence. - 38 Verify source ↗
Any person who is in continuous breach of these
AI-assisted research summary: Any person who continuously breaches these rules is liable to a fine of fifty thousand shillings for each day the breach continues.
38. Any person who is in continuous breach of these rules shall be liable to a fine of fifty thousand shillings for everyday on which the contravention continues. - 39 Verify source ↗
Where procedures are not provided for in these
AI-assisted research summary: If these rules do not provide a procedure, the Authority may take necessary and lawful steps to adjudicate the matter effectively and completely.
39. Where procedures are not provided for in these rules, the Authority may do whatever is necessary and permitted by the Act, the EWURA Act and applicable law to enable it to effectively and completely adjudicate on the matter before it. Penalty for Continued Violation Authority to Supplement Procedures 20 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) FIRST SCHEDULE QUALITY OF SERVICE TARGETS (Made under Rule 4(1)) QSO No. Focus Description Quality of Service Targets QST 1 Access Connecting to Water Supply and or Sewerage QST 2 Water meters 1 Repair or replacement of faulty meters QST 3 Water meters 3 Meter reading QST 4 Water Disconnection Unjustified disconnection QST 5 Reconnection QST 6 Complaints after overdue Reconnection of payment amount Response to complaints that are not bill related QST 7 Complaints Response complaints to billing QST 8 Health and Safety 1 Flooding Internal flooding from sewers QST 9 Health and Safety 2 Flooding from sewers- External flooding full payment Maximum time of 7 working days after a customer has made of connection costs and/or fees Maximum time of 15 working days to repair or replace a meter after detecting or being informed or defect. Meter reading done at least once every two months as long as it can be accessed by the Licensee A maximum of 24 hours to unjustified water restore disconnection after knowledge of being the reported of unjustified disconnection. Maximum of 24 hours after debt settlement Maximum time of 15 working days to complete investigation and respond, from date of receipt of complaint. Maximum time of 5 working days to complete investigation and respond from date of receipt of complaint No effluent from a sewerage system that is vested in a water authority should enter a customer’s building No effluent from a sewer, which is tested in a water authority, should enter a customer’s land and property. 21 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) SECOND SCHEDULE COMPENSATION ON FAILURE TO MEET THE QUALITY OF SERVICE TARGETS (Made under Rule 4 (3) Focus Description Quality of QS T NO QS T 1 Access Connection to Water Supply and /or sewerage QS T 1 Water meter 1 Repair or replacement of faulty meters QS T 3 Water meters 2 Meter reading QS T 4 Water Disconnecti on Unjustified disconnecti on Service Target Maximum time of 7 working days after a customer has made full payment of connection costs and/or fees Maximum time of 30 working to days or repair a replace meter after selecting or being informed of defect Meter reading at done least once two every as months it long as can be accessed by the License A maximum of 24 hours Basic Compensati on TZS 10,000.00 Compensati on for Additional Delays TZS 5000.00 per day TZS 15,000 TZS 5000.00 per day TZS 15,000 TZS 5000.00 per day TZS 30,000 TZS 5000.00 per day 22 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) after restore to unjustified water disconnecti on knowledge of being reported of the unjustified disconnecti on Maximum of 24 hours after debt settlement to and Maximum time of 5 working days complete investigatio n respond from date of receipt of complaint Maximum time of 5 working days complete investigatio n respond from date of receipt of complaint No efficient a from sewerage system, that and to TZS 30,000 TZS 5000.00 per day TZS 30,000 TZS 5000.00 TZS 30,000 TZS 5000.000 per day TZS 40,000.00 TZS 20,000.00 per day 23 QS T 5 Reconnectio n Reconnecti after on payment of overdue amount QS T 6 Complaints Response to billing complaints QS T 7 Complaints Response to billing complaints QS T 8 Health and Safety Flooding from sewers External flooding Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) QS T 9 Healthy and Safety Flooding sewers External flooding TZS 30,000.00 TZS 20,000.00 per day is vested in water a authority should enter customer’s billing No efficient fro a sewer which is vested in a water authority should enter a customer’s land property or Felix Ngamlagosi, …….........,.2014 Director General 24
Part
PART VII
- 39 Verify source ↗
The Authority to Supplement Procedures
AI-assisted research summary: This section is a heading for rules about supplementing procedures and notes that the rules were made under section 28(1)(m).
39. The Authority to Supplement Procedures SCHEDULES 3 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) THE WATER SUPPLY AND SANITATION ACT (CAP 272) THE WATER SUPPLY AND SANITATION (QUALITY OF SERVICE) RULES, 2014 (Made under section 28(1) (m)) PART I PRELIMINARY PROVISIONS Citation Application
Part
PART I
- 1 Verify source ↗
These rules may be cited as the Water Supply and
AI-assisted research summary: The rules may be cited as the Water Supply and Sanitation (Quality of Service) Rules, 2014, and they come into operation on the date of publication in the Gazette.
1. These rules may be cited as the Water Supply and Sanitation (Quality of Service) Rules, 2014 and shall come into operation on the date of publication in the Gazette. - 2 Verify source ↗
These rules shall govern the quality of service and
AI-assisted research summary: These rules govern service quality and related matters for water supply and sanitation services in Mainland Tanzania, except the DAWASA Designated Area.
2. These rules shall govern the quality of service and related matters on the provision of water supply and sanitation services in all Mainland Tanzania except in the DAWASA Designated Area. Interpretation - 3 Verify source ↗
In these rules, unless the context otherwise requires
AI-assisted research summary: This section defines key terms used in the rules, including Authority, licensee, customer, water supply, sanitation, and related documents and facilities.
3. In these rules, unless the context otherwise requires: Cap. 272 “Act” means the Water Supply and Sanitation Act; “applicable law” means any principal law, regulation, rule, order, by-law and any other written law which is relevant to matters pertaining to regulation of the water supply and sanitation services; “Authority” means the Energy and Water Utilities Regulatory Authority established under the provisions of the EWURA Act; “basic compensation" means compensation paid by a licensee to a customer after breach of a quality of service target; “business plan” means a document prepared by a licensee pursuant to guidelines issued by the Authority that describes the scope of its services; 4 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) Cap. 340 “Certification Authority” means the Weights and Measures Agency established under the Weights and Measures Act; Cap. 273 Cap. 414 "Council" means the EWURA Consumer Consultative Council established under the provisions of the EWURA Act; “customer” means a person supplied, or has applied to be supplied with a water supply and sanitation service or who is liable for payment of any fees or other charges for the supply or use of the water supply and sanitation service; “customer service charter” means a document prepared by a the Authority setting licensee and approved by minimum service standards including the procedure of receiving and settling complaints from customers; “DAWASA Designated Area” means an area designated as such in the DAWASA Act; “EWURA Act” means the Energy and Water Utilities Regulatory Authority Act; “licence” means a licence issued under the EWURA Act and the Act to provide Water Supply and Sanitation Services; “licensee” means the holder of a licence; “sanitation” means the provision of appropriate facilities and services for the collection and disposal of human excreta and waste waters; “services” means water supply and sanitation services; " water meter test bench" means necessary standard facilities, instruments and other equipment for testing water meters duly certified by the Certification Authority; 5 Water Supply And Sanitation (Quality Of Service) Rules GN. No. 176(contd.) “service related line” means any water pipe and appurtenances that brings water from the water main to the customers' property; and “water supply” means the provisions of appropriate facilities and services for the sourcing, treatment and distribution of potable water. PART II QUALITY OF SERVICE TARGETS
Part
Schedule.
- 32 Verify source ↗
A customer who fails to pay an outstanding balance
AI-assisted research summary: If a customer does not pay an outstanding balance within 60 days of the due date, the account may be sent to a debt collection agency and legal action may be taken.
32. A customer who fails to pay an outstanding balance within sixty days of the due date he may have: (a) their account passed over to a debt collection agency to pursue for collection; and (b) legal action taken against them. Indemnity from Damages - 33 Verify source ↗
(1) A licensee may not be held accountable for
AI-assisted research summary: A licensee is not accountable for damage to a customer’s property if the damage came from lack of water after a lawful disconnection for non-payment of water bills.
33. – (1) A licensee may not be held accountable for any damage to a customers’ property which resulted from the absence of water due to lawful disconnection for non- payment of water bills. PART V COMPLAINTS HANDLING PROCEDURES Complaints Handling Procedure
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THE WATER SUPPLY AND SANITATION (QUALITY OF SERVICE) RULES, 2016
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