RECOMMENDATION:
THAT the staff report entitled
“Recommended Town Procedures for Inspecting and Registering Two Unit Houses”, be received.
AND THAT Council approve the
recommended Town regulations for inspecting and registering “grandfathered” two
unit houses as outlined in this report, notably that:
(a)
the Fire Services Department continue to act as
“Lead” Department for the inspection and registration of “grandfathered two
unit houses”;
(b) the
Town’s By-law for Registration of Two-Unit Residential
Occupancies (By-law 308-97) be amended to:
- incorporate a new
definition of “two unit house” and “residential unit” consistent with the
provincial
government’s definition; and
- require that prior to registration, every dwelling unit in a two unit house shall
be inspected to ensure that it complies with all relevant standards determined
to be applicable, as set out in the Ontario Building Code, the Ontario Fire
Code, the Fire Protection and Prevention
Act, and
the applicable
Zoning By-law and the Property Standards By-law, all as amended from to time;
(c) the Town’s Fees and
Charges By-law (By-law 2002-276) be amended to:
- recognize that the $300.00 inspection
fee for a two unit house compliance includes a maximum of “4” Fire Services
inspections after which an individual inspection fee of $75.00 per hour or part
thereof will be applied at the
discretion of the Fire Chief or delegated Fire Services staff; and
-require an additional inspection fee of
$300.00 for each unit in excess of the main and the second dwelling unit.
(d) a new Two Unit House Declaration Form as set out in Appendix “A” be approved for use by
the Building
Standards Department in qualifying “grandfathered” two unit houses;
(e) funding in the amount of $6000.00 be approved
from the Development Services Commission operating budget for consulting
services for AMANDA set-up and training support for the managers and staff assigned from Fire
Services Department, Building Standards Department, and the Clerks Department (By-law Enforcement) to
coordinate administration of “grandfathered” two unit houses;
(f) the
procedural flowchart as set out in Appendix “B” be approved as a template for
an enhanced process for inspecting and
registering “grandfathered” two unit houses and enforcement of illegally
established units;
(g) Corporate Communications be authorized to
publish an in-house public information sheet specifically for owners,
landlords, architects, engineers, builders and general contractors, for use as
a guide to inspection and registration of “grandfathered” two units houses;
THAT the necessary
funding be considered in the 2005
Operating Budget for staff resources (including fire prevention, by-law
enforcement and prosecution administrative staff) and training support to
implement the enhanced procedures, recommended in this report;
AND
FURTHER THAT staff from the Development Services Commission (Building
Standards), Corporate Services Commission (By-law Enforcement), and Community
Services Commission (Fire Services), be directed to implement the actions
outlined in this report and provide a status report on the delivery of enhanced
procedural changes for “grandfathered” two unit houses to the CAO and
Commissioners in six months time.
PURPOSE:
The
purpose of this report is to outline recommended actions for enhancing current
Town procedures for inspecting and registering eligible “grandfathered” two
unit houses in Markham.
EXECUTIVE SUMMARY:
In
2002, Markham Council decided to explore options for regulating second suites
in the Town. Second Suites are more
commonly known as basement apartments, accessory apartments or two unit houses,
and are currently not identified as a permitted use in the Town’s Zoning
By-laws. Some two unit houses have been
legally established through exemptions resulting from previous provincial
legislation.
The
number of second suites in Markham
is increasing, notwithstanding that second suites are generally not
permitted. The Town undertook a review
to determine if granting zoning permission for these units could improve the
life safety of tenants and homeowners, assist Markham residents in complying with Fire and Building Code
requirements and increase the stock of affordable housing. Options considered by the Development
Services Committee included enhanced procedural changes respecting inspection
and registration of legislated “grandfathered” two unit houses only and
enforcement of illegal units, as well as options to introduce new zoning
provisions Town wide that would identify the types of buildings best suited to
accommodate second suites and appropriate development standards and parking
requirements for buildings containing second suites.
At its meeting of March 23, 2004, the Development Services Committee received a
staff presentation on strategy options and endorsed, in principle, enhanced
procedural changes for legislated “grandfathered” two unit houses only, as a
base condition for a preferred strategy.
These procedural changes do not alter current zoning provisions for
second suites. In particular, the
Committee requested that staff provide a joint report on implementation of the
enhanced procedures for “grandfathered” two unit houses, including further
detail regarding staffing implications, to the Finance and Administrative
Committee.
The
recommended procedural enhancements are consistent with the priorities
identified by Council through previous presentations and discussions of
strategy options for second suites. The emphasis for the future delivery of a
strategy will continue to be life safety.
The Fire Services Department will continue to be identified as “Lead”
Department given that the future role of the Building Standards with regard to
registering “grandfathered” two unit houses will be limited to
confirmation of zoning compliance only and possibly a building permit
application for renovations to an existing “grandfathered” two unit house or to
re-establish a “grandfathered” two unit house.
Compliance with Zoning and Property Standards will be addressed in a
number of areas. Most important will be
a consistent inspection, enforcement and registration process that will
coordinate the enforcement of zoning and property standards by By-law
enforcement in support of registering eligible “grandfathered” two unit houses
and removing illegally established units.
The
enhanced process is initiated by “complaint” or “voluntary request”. It is to be in response to identified issues
of life safety and enforcement of zoning and property standards
violations. Adopting this protocol will
clarify the Town’s intention to only permit two unit houses where exempted by
previous provincial legislation and where full compliance of life safety,
zoning and property standards can be achieved. Overall, a priority for the
enhanced procedures is to improve customer service and it is recommended that a
communication component be developed to inform and educate the public on the
Town’s Regulations for inspecting and registering “grandfathered” two unit
houses.
At
this time, it is recommended that Council approve the recommended Town
regulations for inspecting and registering “grandfathered” two unit houses as
outlined in this report.
A
further report comparing the enhanced procedures to a possible strategy option
to introduce new zoning provisions Town-wide for second suites will be
presented to the Development Services Committee later this month. At that time, staff will seek further
direction from the Committee, on the timing and scheduling of a public
information meeting of the Committee to explore possible strategies for second
suites in Markham (i.e. a strategy that would apply the base condition of
enhanced procedures for “grandfathered” two unit houses only as recommended in
this report compared to a strategy that would apply zoning provisions for
second suites Town-wide).
BACKGROUND:
A Second Suite
in a dwelling is the same as a Two Unit House
A second suite
is a common name for a two unit house, a basement apartment, an accessory
apartment, an apartment in a house, and a two unit
dwelling or occupancy. Second suites can be controlled by development and safety standards established by the
Province/Town and administered by the Town such as the Planning Act, Municipal
Act, Building Code and Fire Code regulations and any other legislated
exemptions (i.e. Bill 20 – the Land Use Planning and Protection Act). Currently, second suites are not permitted or
defined in the Town’s zoning by-laws.
However, two unit houses are deemed to be permitted where exempted by
previous provincial legislation.
A two unit house consists of two “residential units” each with the following characteristics:
·
a
self contained set
of rooms in a building or structure;
·
is used, or intended for use, as a residential premises;
·
contains kitchen and bathroom facilities that are intended
only for those of that unit, and
·
has a means of egress to the outside
of the building, which may be a means of egress through another residential
unit.
If a house contains more than two “residential units” or
two lodging units which are not self
contained (ie. occupants
of more than one unit must share a kitchen or bathroom), then the house
would not be considered a
two unit house.
Provincial Legislation
Respecting Two Unit Houses
Changes in provincial policy and legislation
respecting two unit houses have occurred with changes in provincial government
bodies.
In 1994, the NDP provincial government passed the
Residents Rights Act (Bill 120) which took away municipal zoning authority to
prohibit two units in detached, semi-detached and townhouse dwellings located
in zones which permit residential use. To be considered legal, a two unit house
has to meet applicable building, fire and planning standards. The intent of the Residents
Rights Act was to create more opportunities for the creation of new apartments
in houses and the legalization of existing ones. However, it should be noted that the
Residents’ Rights Act also clarifies that municipalities do not have the
authority to license private, self contained dwelling units.
In 1996, the PC provincial government passed the
Land Use Planning and Protection Act (Bill 20) which restored the municipal
zoning authority to determine where two units houses are permitted and what
standards apply, but concurrently “grandfathered” all two unit houses which had
been established as a result of Bill 120 and were “in use or occupied” on
November 16, 1995. Bill 20 also allows municipalities to set up a
registration system for two unit houses.
Inspection
may be required as a precondition of registration and municipalities may charge
a one-time fee to cover costs of registration and inspection.
The intent of the Land Use Planning & Protection
Act was to set out a new framework for municipal planning authority over two
unit houses. However, it should be
noted that the Planning Act currently does not give municipalities the power to
restrict two unit houses to cases where the owner lives on the premises.
Provincial Legislated Exemptions
Bill 20 “grandfathers” two unit houses
established under the Provincial legislation (Bill 120) prior to Nov. 16,1995
(or those suites established after May 22, 1996, where the building or change
of use permit for installation was issued on or before that date). Where
“grandfathered”, two unit houses continue to be permitted in all zones which
permit residential use, subject to Bill 120 planning rules and municipal zoning
standards as modified by Ontario Regulation 384/94. Where these standards apply, no municipal
planning document shall, among other things, prohibit exterior alterations
required for installation of a second unit, require a minimum floor size or
floor area for the units or require that the property on which the two unit
house is located have more than two parking spaces.
Two unit houses created prior to the
introduction of Bill 120 in 1994 are included as being “grandfathered” as long
as they were permitted by Bill 120 and the physical structure of the suite was
in existence on November 16, 1995. “Grandfathering” makes a two unit house a
permitted use in a residential dwelling. It is not necessary for the two unit
house to be in existence continually for this entitlement to be preserved. Failure to meet safety standards does not affect the
“grandfathered” status, however, the owner is
responsible for ensuring compliance with Building Code, Fire Code, and the Fire
Protection and Prevention Act in order for the two unit house to be considered
legal.
Markham’s Planning Policy and Procedural Issues
The Official Plan permits accessory apartments
in association with single detached and semi-detached dwellings provided that,
among other things, all the requirements of the zoning by-law, Ontario Building
Code and property standards can be satisfied.
No geographic restriction on location of accessory apartments is
identified. Density provisions respecting accessory apartments are not addressed.
In August 1999,
Council endorsed an approach to qualifying and registering “grandfathered” two
unit houses and enforcement of non-complying two unit houses. This approach
anticipated:
·
Fire Services would qualify and register “grandfathered” two unit residential occupancies under the Town’s Registration By-law (308-97);
·
proof would be required to confirm that a two unit house
physically existed on Nov. 16, 1995;
·
Fire Services would also enforce the Fire Code;
·
Building Standards would process permits for qualifying two
unit houses and maintain a database on two unit houses; and
·
By-law Enforcement would prosecute non-complying two unit
houses.
The procedures
followed today are focused on Fire Code issues.
Staff have been able to provide at best a
“coping” response to the legislated zoning exemptions for two unit houses and
the mandated organizational responsibility to ensure residents are provided
with fire safe accommodation.
A review of current procedures
determined that:
· two unit houses are not routinely inspected for compliance with Building
Code and Property
Standards;
· the
burden of proof that a two unit house qualifies for legislated zoning exemption
is not rigorous;
· not
all involved Departments share a common records system for monitoring Town
activities regarding two unit houses;
· building permits
are not being issued retroactively
for pre 1996 “grandfathered” two unit
houses;
· “stoves on wheels”
makes enforcement against illegal two unit houses difficult;
· current
procedures are not consistent with provisions of the Town’s Registration
By-law; and
·
no information is readily available
to the public on two unit house procedures.
In June 2002, the Development Services Committee directed staff to
report on a strategy for second suites.
Over the past two years, an interdepartmental working group comprising
staff from Planning and Urban Design, Fire Services, Legal, Building Standards,
By-law Enforcement, and Corporate Communications, has met frequently to advance
and present strategy options for the Committee’s consideration.
Direction on a Strategy for
Second Suites
At
its meeting of March 23, 2004, the Development Services Committee received a
staff presentation on strategy options for second suites and endorsed, in
principle, enhanced procedural changes for legislated “grandfathered” two unit
houses only, as a base condition for a preferred strategy. In particular, the
Committee requested that staff:
· provide a joint report on implementation of the
enhanced procedures for “grandfathered” two unit
houses, including
further detail regarding staffing implications, to the Finance and
Administration
Committee;
· provide a further report to the Development Services
Committee on issues and a possible strategy
option for the
introduction of new zoning provisions Town-wide for second suites; and that
· after reporting back, identify, for a further
decision by the Committee, a schedule for holding a public information meeting
to discuss possible strategies for
second suites in Markham (i.e. a strategy that would apply the base condition
of enhanced procedures for “grandfathered” two unit houses only compared to a
strategy that would apply zoning
provisions for second suites Town-wide).
DISCUSSION:
As
of January 2004, the Fire Services Department has conducted over 1200 property
inspections and registered approximately 500 “grandfathered” two unit houses
Town-wide. This report to the Finance
and Administration Committee will address in detail eight recommended actions
to implement enhanced procedural changes for inspecting and registering
“grandfathered” two unit houses. A
further report comparing the enhanced procedures to a possible strategy option
to introduce new zoning provisions Town-wide for second suites will be
presented to the Development Services Committee later this month. At that time, staff will seek further
direction from the Committee, on the timing and scheduling of a public
information meeting on the strategy options for second suites.
Enhanced Procedures for Two
Unit Houses
The
Development Services Committee has endorsed in principle, eight recommended
procedural changes as they apply to the inspection and registration of
“grandfathered” two unit houses only:
1. Clarify definition of Two Unit House
2. Introduce new declaration form
3. Fire designated as “Lead” Department
4. Commitment to AMANDA reference system
5. Amendments to Registration By-law
6. Consistent Inspection/Enforcement/Registration
Process
7. Communication Component
8. Budget/Resource Requirements
These
procedural changes were developed by an interdepartmental working group in
response to the current policy and procedural issues identified by staff and
have been endorsed by the CAO and Commissioners. The working group acknowledges that the
successful implementation of these enhanced procedures will require the commitment
and coordination of several departments.
As such, those Departments directly involved in the delivery of the
enhanced procedures have been consulted and participated in the formulation of
this joint report to the Finance and Administration Committee.
1. Clarify Definition of a Two Unit House
The
definition of “dwelling unit” is not consistent in the Town’s zoning by-laws or
the Town’s 1997 registration by-law for two unit residential occupancies. Furthermore, at the provincial level there
is an inconsistency in the definition of “dwelling unit” found in the Ontario
Building Code and the Ontario Fire Code with the definition of “residential
unit” found in the Section 76 transitional provisions of the Planning Act
respecting “grandfathered” two unit houses.
The provincial definition of “residential unit” provides the greatest
clarity for interpreting whether or not a two unit house exists or not. On this basis, staff are
recommending that the Town’s registration by-law be amended to better reflect
the provincial definitions of a residential unit and two unit house.
Recommendation:
It
is recommended that the Town’s By-law for Registration of
Two-Unit Residential Occupancies (By-law 308-97) be amended to replace the existing definition of “two
unit house” and “dwelling unit” with the following:
“two unit house” means a detached house,
semi-detached house or a rowhouse where there are
two residential units.
“residential unit”
means a unit that,
- consists of a self contained set of rooms located in a
building or structure;
- is
used or has the capability of being used as a residential premise;
-
contains kitchen and bathroom facilities designated for the exclusive
use of its occupants; and
- has
a means of
egress to the outside of the building, which may be a means of egress
through another
residential unit.
2.
Introduce a New Declaration Form
It
is important to emphasize that not all existing two unit houses would qualify
for “grandfathering”. Many two unit houses have been established illegally
since November 16, 1995. In such cases, there is little or no
incentive for the owner to come forward and voluntarily comply with current
regulatory and life safety requirements (i.e. apply for a zoning by-law
amendment to permit the use).
Alternatively,
when complaints are filed on an illegal two unit house there is often an
attempt by the owner to qualify the house as a “grandfathered” two unit house.
This raises the importance of determining exactly when a two unit house was
created. Unless a building permit or change of use permit was issued, it is
often difficult to determine when a second unit was created (whether before or
after the date the new legislation is introduced).
To
qualify as a Bill 20 “grandfathered” two unit house the onus is placed on the
owner to demonstrate that the two unit house existed under the Provincial
legislation (Bill 120) and was in use or occupied (i.e. physical structure of
dwelling consisted of two-units) prior to November 16, 1995 (or that the second
unit was established after May 22, 1996 where the building permit or change of
use permit was for installation was issued on or before that date). Owners are required to provide some form of proof, such as
invoices for construction, proof of tenancy (such as income tax returns) and
must swear an affidavit.
In practice, regulating
approval of “grandfathered”
two unit houses has proven to be a difficult task. Declarations completed by owners do not
consistently verify the date of the second unit occupancy in the house but
rather, only that second unit existed at the time of purchase of the house. No further proof of conformity with legislative standards is currently being
required.
Staff are recommending that an
increased emphasis be placed on the applicant demonstrating proof that the two
unit house qualifies for “grandfathering”.
To accomplish this, staff are recommending that
a stronger and more substantiated declaration form be submitted to the Zoning
Division of the Buildings Services in support of qualifying “grandfathered” two
unit house. A copy of the draft
Declaration Form is attached in Appendix “A”.
The updated declaration form includes the new definition of a two unit
house. In addition to declaring that two
residential units were existence on a property on November
16, 1995, a qualified individual will also provide one or more pieces of
supporting evidence (i.e. a cancelled rent cheque, a lease or rental contract,
etc) as further proof of the existence of the two unit house on November 16, 1995.
Recommendation:
It
is recommended that a new Two Unit House Declaration Form as set out in
Appendix “A” be approved for use by the Building Services Department in
qualifying “grandfathered” two unit houses.
3. Fire Services designated as “Lead” Department
Substantial discussion took place at the working group level on which
Department should be designated the “lead” for inspecting and registering
“grandfathered” two unit houses. Given
most complaints respecting second suites are centred around
zoning by-law or property standards violations, staff reviewed whether it would
be in the Town’s best interest to assign By-law Enforcement as the lead
Department especially in the event the second unit is determined to be illegal
and should be removed. At the same time,
staff took into consideration Council’s priority for life safety and determined
that it was neither practical nor appropriate for By-law Enforcement to carry
out initial inspections on complaints.
Currently, the Town does not have an internal property standards by-law
that would allow By-law Enforcement legal entry to inspect the interior of a
dwelling. The Fire Services Department
is the only Department that can gain access legally (without a search warrant)
to determine the status of a complaint.
Staff are recommending that the Fire Services Department continue to be
designated as “Lead” Department, supported by new and improved procedures
respecting shared use of AMANDA data files and a coordinated approach to
inspection and registration of “grandfathered” two unit houses and enforcement
of illegal units as set out in this report.
Fire Services will continue to register two unit houses which meet all
registration by-law requirements.
Recommendation:
It is recommended that the Fire Department continue to act as “Lead”
Department for the inspection and registration of “grandfathered “two unit
houses.”
4. Commitment
to AMANDA reference system
Not all involved
Departments have shared a common records system for complaints and requests
related to two unit houses. The Fire
Department’s “Computer Aided Dispatch” (CAD) system is not compatible with the
Town’s AMANDA system. Consequently, the
Fire Department has been using a separate registration tracking system in excel
and forwarding it to the Building Department and By-law Enforcement Division
for entry onto the AMANDA system. As a
result, not all of the Town’s Departments share the most current information on
the status of a two unit house.
New
Fire Department access to the AMANDA system will provide a central Town
reference system for sharing up to date real time records of complaints,
requests for inspections, orders, declarations, permits, registrations,
etc. The AMANDA folder created by the
Fire Department will include processes assigned to Buildings Standards and
By-law Enforcement and ensure proper tracking of responses by individual
Departments so that a consistent corporate response to administering complaints
or requests for inspection, enforcement, or registration of two unit houses can
be achieved.
An
initial 3-5 week start-up period will be required to:
·
Develop and set-up the required folders;
·
Establish the folders types;
·
Test the folder types;
·
Develop the functionalities;
·
Establish folder links; and
·
Insert the established correspondence.
Staff are recommending that AMANDA set-up and training
support be provided for the various Departments participating in the inspection
and registration process.
Recommendation:
It is recommended that
funding in the amount of $6000.00 be approved from the Development Services
Commission operating budget for consulting services for AMANDA set-up and
training support for the managers and staff assigned from Fire Department,
Building Standards Department, and By-law Enforcement Division of the Clerks Division to coordinate
administration of “grandfathered” two unit houses.
5.
Amendments to Registration By-law
Current procedures are not consistent with provisions of the
Town’s By-law for Registration of Two-Unit Residential Occupancies (By-law
308-97). The Registration By-law
requires full compliance with Fire Code and Building Code, but currently two
unit houses are only inspected for Fire Code compliance.
In practice,
not all two unit houses are routinely inspected for compliance
with Ontario Building Code and Property Standards resulting in current
procedures inconsistent with the legislative intent of Bill 20 and the
requirements of the Town’s Registration By-law.
The current process may pre-empt certain inspections and compliance
requirements as not all complaints/requests received are being filed with
Building Standards and By-law Enforcement for full inspection of units to
determine compliance with Building Code, Zoning By-law and Property Standards
By-law.
No building
permits are being issued for existing “grandfathered” two unit houses. Building Standards is unable to issue
retroactive building permits for work completed prior to Nov 16, 1995 without their full knowledge and inspection record.
From a safety perspective, the Fire Code and
the Fire Protection and Prevention Act can be applied at any time after the
unit was constructed. However, unless
there is an original record of a building permit on file, it is not possible to
issue a building permit retroactively for the construction of the second unit.
This has undermined the registration by-law requirement to ensure that safe
construction standards are being met through compliance with the Building
Code. As a
result, some two unit houses are being registered without confirmation of
compliance with all applicable standards and regulations.
Staff are
recommending that the Registration By-law be further amended to require
compliance with the Building Code, where determined applicable, and the
applicable Zoning By-law and Property Standards By-law prior to registration of
a two unit house.
Schedule ‘A’ to
By-law 308-97 identified a fee requirement of $300.00 for inspection for
compliance and all subsequent inspections and a one time registration fee
requirement of $150.00. In 2002, the
Town’s Fees and Charges By-law amended By-law 308-97 to delete Schedule ‘A’.
At this time, staff are not recommending an increase of the combined
$450.00 inspection and registration fee.
However, staff are recommending that the Town’s Fees and Charges By-law
be amended to recognize that a maximum of
“4” Fire Services inspections will be covered by the current inspection
fee, after which any subsequent inspection would be covered by an individual
inspection fee to be applied at the discretion of Fire Services staff. In addition, any dwelling units in excess of
the second grandfathered unit would not be permitted. In these instances, staff are recommending
that the Town’s Fees and Charges By-law be amended to include an additional inspection
fee of $300.00 be collected for each unit in excess of the second grandfathered
unit.
Recommendation:
It is
recommended that the
Town’s By-law for Registration of Two-Unit Residential
Occupancies (By-law 308-97) be amended to require that:
·
prior to registration every
dwelling unit in a two unit house shall be inspected to ensure that it complies
with all relevant standards set out in (a) the Ontario Building Code where
determined to be applicable, (b) the Ontario Fire Code where determined to be
applicable, (c)
the Fire Protection and Prevention Act where determined to be applicable, the
applicable Zoning By-law and (d) the Property Standards By-law, all as amended
from to time.
It is recommended that the Town’s Fees and Charges By-law (By-law 2002-276)
be amended to:
·
recognize that the $300.00
inspection fee for a two unit house compliance includes a maximum of “4”
inspections after which an individual inspection fee of $75.00 per hour or part
thereof will be applied at the discretion of the Fire Chief or delegated Fire
Services staff; and
·
require an additional $300.00 inspection fee for each
dwelling unit in excess of the main and
second dwelling unit (permission subject to zoning compliance).
6.
Consistent Inspection/Enforcement/Registration Process
Complaints related to zoning use and
development standards, external property standards and/or compliance with Fire
and Building Codes, or requests for registration of a “grandfathered” two unit
house, are to be received by the Fire Services, Building Standards, and Clerks Departments and directed to Fire Services for
follow-up inspection in accordance with Registration By-law.
However,
under certain circumstances, By-law Enforcement and Building Standards have
proceeded with inspections of
“complaints” relating to zoning or external property standards
issues or construction occurring without a building permit on a property with a
two unit house on their own prior to notifying Fire Services. This practice has often resulted in the owner
receiving several inspection requests and no coordinated response.
A
great deal of time was spent by the Interdepartmental Working Group to develop
and apply a consistent procedure for:
·
Inspection
of two unit houses;
·
Enforcement
of applicable code and by-law requirements; and
·
Registration
of “grandfathered” two unit houses
The results of the working
group’s efforts are highlighted in the procedures flowchart attached in Appendix “B”. The flowchart identifies the proposed
inspection and registration process for “grandfathered” two unit houses and the
enforcement process for illegal two unit houses. The process is initiated by “complaint” or
“voluntary request”. It is a responsive
process to be undertaken
by the Town in response to identified issues of life safety and
enforcement of zoning and property standards violations. Adopting this protocol will clarify the
Town’s intention to only permit two unit dwellings where exempted by provincial
legislation and where full compliance of life safety and zoning and property
standards is achieved. A summary of the
enhanced inspection, enforcement, and registration process for two unit houses
is outlined in Appendix “C”.
The
Fire Services Department will continue to be identified as “Lead” Department
given that the future role of the Building Standards with regard to registering
“grandfathered” two unit houses will be limited to confirmation of
zoning compliance only and possibly a building permit application for
renovations to an existing “grandfathered” two unit house or to re-establish a
“grandfathered” two unit house.
Compliance with Zoning and Property Standards will be addressed in a
number of areas. Most important will be
a consistent inspection, enforcement and registration process that will
coordinate the enforcement of zoning and property standards by By-law
Enforcement in support of registering eligible “grandfathered” two units and
removing illegally established units.
Recommendation:
It is
recommended that Council approve the procedural flowchart as set out in
Appendix “B” as a template for an enhanced process for inspecting and
registering “grandfathered” two unit houses and enforcement of illegally
established units.
7. Communication Component
At present, no information
is readily available to the public on two unit house permissions or procedures.
There is no support material to educate owners and applicants on procedural
requirements respecting inspection and registration of a “grandfathered” two
unit house. An opportunity to send clear and consistent information to property
owners and applicants is being missed at present.
Staff are recommending that a public
information sheet be published specifically for owners, landlords, architects,
engineers, builders and general contractors for use as a guide to inspection
and registration of “grandfathered” two units house. The information sheet will be written in user
friendly language and presented in a simple format similar to the series of
Building Inspections information sheets currently available at the Buildings
Standards counter. This brochure could be
distributed through postal-drops in selected wards, by Fire and Bylaw staff and
will be available to pick up at the Civic Centre and to download from the
website. Consideration will be given to
translating information into other languages.
Corporate Communications will also implement a public education program
to promote the need and the process for registering two-unit dwellings. Information will be included on the Markham
Town Page in the local papers and on the Town website. Cost for the brochure
production, delivery and translations is estimated to be $5,000.00.
Recommendation:
It is recommended that Corporate Communications be authorized to
publish an in-house public information sheet specifically for owners, landlords, architects,
engineers, builders and general contractors for use as a guide to inspection
and registration of “grandfathered” two units
house.
8. Budget and Resources
The successful implementation of an enhanced
“complaint” or “voluntary request” initiated process for “grandfathered” two
unit houses will require the commitment and coordination of several
departments. Budget and staff resource
implications for each of the three Commissions are outlined below.
Budget/Resource Impacts: Existing Proposed
Fire
Services 1 staff 3
additional staff
By-law
Enforcement minor 2 additional
staff
Court
Administration minor minor
**
Communications no
impact minor
Building
Standards minor minor*
Legal minor minor
Planning
(Committee of Adjustment) minor minor
* -
$6000 in consulting services for AMANDA set-up and training support
** - minor in 2005 but could increase and require
additional staff for 2006
Fire Services has advised that at least two Fire
Prevention Officers along with at least one clerical staff member will be
required to keep pace with the disposition of the existing stock of two unit
houses. These Fire Prevention Officers
and the Clerical position salary costs could be recoverable from the inspection
fees payable to the Town. By-law
Enforcement would require two additional staff members if they were to
participate in the proposed enhanced corporate response to inspecting and
registering “grandfathered” two units houses and enforcement of illegal
units. Also, Building Services would
require a one time funding allocation of $6000.00 for consulting services for
AMANDA set-up and training support.
Senior staff from all
three Commissions have reviewed the proposed budget and funding
scenarios and are in agreement with the recommendation that they be presented
to Council for consideration as part of the 2005 Operating Budget.
Recommendation:
It is recommended that the necessary funding
be considered in the 2005 Operating Budget for staff resources (including fire
prevention, by-law enforcement and court administrative staff) and training
support to implement the enhanced procedures recommended in this report.
CONCLUSION:
It is recommended that
Council approve the recommended Town regulations for inspecting and registering
“grandfathered” two unit houses as outlined in this report.
BUSINESS UNITS CONSULTED AND AFFECTED:
Staff from the Fire Services, Building
Standards, Clerks (By-law Enforcement), Planning and Urban Design, Legal and Corporate
Communications were consulted on the recommendations/actions outlined in this
report.
ATTACHMENTS:
Appendix ‘A’ - Proposed Two Unit House
Declaration Form
Appendix ‘B’ – Proposed
Inspection/Enforcement/Registration Process Flowchart
Appendix ‘C’ - Proposed
Inspection/Enforcement/Registration Process for Two Unit Houses
__________________________________ _________________________________
Jim Baird, M.C.I.P., R.P.P Jim
Sales,
Commissioner of Development Services Commissioner of
Community Services
___________________________________ _________________________________
Andy Taylor, Catherine
Conrad,
Commissioner of Corporate Services Town Solicitor
Report Document:Q\Development\Planning\MISC\MI464\f&aNov8-2004
Appendix A Document:Q\Development\Planning\MISC\MI464\f&aNov8-2004AppendixA
Appendix B Document:Q\Development\Planning\MISC\MI464\f&aNov8-2004AppendixB
(excel)
Appendix C Document:Q\Development\Planning\MISC\MI464\f&aNov8-2004AppendixC
