2007/02/19COUNCIL
MEETING
Monday, February 19, 2007
Order of Business
and Agenda Package
PRAYER: Councillor Diodati
COUNCIL MEETING
February 19, 2007
ADOPTION OF MINUTES: Council Minutes of February 5, 2007
DISCLOSURES OF PECUNIARY INTEREST
Disclosures of pecuniary interest and a brief explanation thereof will be made for the
current Council Meeting at this time.
DEPUTATIONS/ PRESENTATIONS
YWCA Niagara Region's Women of Distinction Award
Donna Shelton, Executive Assistant, YWCA Niagara will address Council on the
upcoming Women of Distinction Annual Awards and Gala on May 10, 2007.
2
PUBLIC MEETING
Public Meeting
Proposed Amendment to Development Charges By -law
Cam Watson, Watson Associates, will provide information to Council on amendments to
the City's Development Charges By -law
Background Material:
Recommendation Report: MW-2007-17
-and
Development Charges Study (Note: Copies under separate cover)
MAYOR'S REPORTS, ANNOUNCEMENTS
COMMUNICATIONS AND COMMENTS OF THE CITY CLERK
Additional Items for Council Consideration:
The City Clerk will advise of any further items for Council consideration.
REPORTS
RATIFICATION OF COMMUNITY SERVICES COMMITTEE ACTIONS
(Councillor loannoni, Chair)
RATIFICATION OF CORPORATE SERVICES COMMITTEE ACTIONS
(Councillor Pietrangelo, Chair)
RATIFICATION OF "IN CAMERA" ACTIONS
APPOINTMENT MATTERS
3
Staff is in the process of summarizing the Council questionnaire. There may be a necessity
to conduct some votes to finalize Council appointments to various Boards, Commissions
and Committees.
CONSENT AGENDA
THE CONSENT AGENDA IS A SET OF REPORTS THAT COULD BE APPROVED IN ONE MOTION OF
COUNCIL. THE APPROVAL ENDORSES ALL OF THE RECOMMENDATIONS CONTAINED IN EACH OF
THE REPORTS WITHIN THE SET. THE SINGLE MOTION WILL SAVE TIME.
PRIOR TO THE MOTION BEING TAKEN, AN ALDERMAN MAY REQUEST THAT ONE OR MORE OF THE
REPORTS BE MOVED OUT OF THE CONSENT AGENDA TO BE CONSIDERED SEPARATELY.
BBS- 2007 -03 New Building Permit By -law
F- 2007 -06 Major Receivables Year -End Report
F- 2007 -07 2007 Municipal Utilities Budget (Handout)'
PD- 2007 -11 PLC 01/2007, Request for Removal of Part Lot Control Portion of Black
54, Registered Plan 59M -251 Pinestone Road (East Side), Neighbourhood of St.
David's Walker Community Development Corporation
MW- 2007 -16 Prop osed Development Agreement Extension of Sanitary Sewer
Montrose Road (Matthews Drive to Hydro Corridor) K. DeGiorgio
MW- 2007 48 2007 Water Distribution Subsystem Annual and Summary Report
RESOLUTIONS
1 THEREFORE be it resolved that the Provincial Minister of Health be petitioned to
extend coverage of Visudyne treatment to those with minimally classic and occult wet
age related macular degeneration (AMD).
The City Clerk will advise of any additional by -laws or amendments to the by -laws
listed for Council consideration.
2007 -31 A by -law to establish Part 3 on Reference Plan 59R -13257 as a public
highway, to be known as and to form part of Hodgson Avenue
2007 -32
4
BY -LAWS
A by -law to amend By -law No. 89 -2000, being a by -law to regulate parking
and traffic on City Roads. (Parking Prohibited, Prohibited Turns, Heavy
Vehicle Restriction, Stop Signs at Intersections, Through Highways)
2007 -33 A By -Law under the Building Code Act respecting construction, demolition,
change of use, occupancy, transfer of permits and inspections
2007 -34 A by -law to designate a portion of Block 54, Registered Plan 59M -251, not be
subject to part-lot control
2007 -35 A by -law to declare surplus Part 1 on Reference Plan 59R -1568, being land
owned by The Corporation of the City of Niagara Falls and to authorize that
public notice be given of the said Part being declared surplus and be offered
for sale at a later date
2007 -36 A by -law to authorize a Transfer from The Corporation of the City of Niagara
Falls to The Niagara Parks Commission Part 8 on Reference Plan 59R -4660
2007 -37 Being a by -law to provide for citizen appointments to certain Boards,
Commissions and Committees
2007 -38 A by -law to adopt, ratify and confirm the actions of City Council at its meeting
held on the 19' day of February, 2007
NEW BUSINESS
Anna Morocco Presentation to Council Page 1
From: "Donna Shelton" Donna .Shelton @ywcastcatharines.ca>
To: <diorfida @niagarafalls.ca>
Date: 1/29/2007 9:46:21 AM
Subject: Presentation to Council
Dear Dean lorfida:
On behalf of the YWCA Niagara Region's Women of Distinction Awards
Committee, we are requesting a brief time to address City Council at the
February 19th meeting with regards to promoting our upcoming Women of
Distinction Awards and Gala.
The Women of Distinction Annual Awards and Gala publicly acknowledges
women from different walks of life who have distinguished themselves by
their personal achievements, their community committment and above all
their contribution to the advancement of women. While the Women of
Distinction serve as role models for other women, their individual
actions echo the mission of the YWCA Niagara Region and further the
place of women in our society. Rooted in the Niagara area, her impact
may be local, national or international.
We would like to take this opportunity to promote the nomination process
and gala evening to Council, as I am certain there are several women
that come to mind when speaking of our Women of Distinction Awards.
In addition, as our signature fundraiser, this event assists us with
offering our much needed services and programs to women and their
families throughout the Niagara Region. Our emergency shelter at 6135
Culp Street, Niagara Falls is one of the many services we are able to
sustain with the continued help and support of the City of Niagara
Falls.
The Gala will be taking place on Thursday, May 10, 2007.
We thank you for considering our request, and look forward to your
confirmation of the February 19th date.
Sincerely,
Donna Shelton
Executive Assistant
YWCA Niagara Region
183 King Street
St. Catharines, ON L2R 3J5
Phone: 905 988 -3528, ext. 22
Fax: 905 988 -3739
February 19, 2007 MW- 2007 -17
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2007 -17
Proposed Amendment to Development Charges By -Law #2004 -138
C.I.P. Development Charge Exemption Program, Amendments to Section 12
and Deletion of Section 15
RECOMMENDATION:
Niag ara alts
CANADA
It is recommended that the Development Charge Background Study prepared by
Watson Associates Economists Ltd. dated February 2, 2007 be adopted.
BACKGROUND:
At its meeting of October 30, 2007, City Council approved the engagement of Watson
Associates Economists Ltd. to complete the required background study necessary to
permit the development charge exemption program set out in the Downtown, Brownfield
and Historic Drummondville Community Improvement Plans. In addition, the consultant
was directed to examine other sections of the By -Law that staff had identified as being
difficult to administer for legal or other reasons.
Attached to this report is a copy of the background study that recommends specific
wording for an amended by -law which will permit the City to proceed with the
Development Charge Exemption Programs as set out in the Downtown, Brownfields
and Historic Drummondville Community Improvement Plans. In addition, it provides
appropriate justification for the deletion of Section 15 of the By -Law on the grounds that
the section does not comply with the provisions of the Development Charges Act, 1997.
Public Notice of the proposed By -Law amendment has been advertised in the local
paper as required by the Act. Your consideration of this matter at this meeting is
appreciated.
4310 Queen Street, P0. Box 1023, Niagara Falls, ON, Canada 1.2E 6X5 905 -356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Municipal Works
February 19, 2007
Recommended by:
Respectfully submitted:
-2-
G. Holman
S:IREPORTS12007 Reports\MW- 2007 -17 DC By -Law Amendment.wpd
Ed Dujlovic, Director of Municipal Work
acDonald, Chie dministr. we Officer
MW- 2007 -17
February 19, 2007 BBS- 2007 -03
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: BBS- 2007 -03
New Building Permit By -law
RECOMMENDATION:
That Council enacts the New Building Permit By -Law.
BACKGROUND:
Niag ara all s
CANAL
A
As Council may be aware, Bill 124 was introduced in June 2002. This legislation is the
most significant overhaul to the building regulatory system since the inception of the
Ontario Building Code in 1975.
In general, the purpose of the New Legislation was primarily to speed up the building
permit process, provide for safer, healthier buildings and increase both knowledge of the
Building Code and the accountability among the people who work in the building and
development industry.
The Ministry of Municipal Affairs and Housing (MMAH) has phased in the legislation over
a period of time with final phase being implemented in July 2006.
The Building Division has been providing services to the City's customers and working
within the requirements of Bill 124, as legislated, since its full implementation.
To date, a "New Building Permit By -law" has been outstanding and is necessary to
harmonize the Building Division's operation with Legislation of Bill 124.
Attached for Council's review is the "Building Permit By -law" and the following provides a
compilation of significant changes.
Box 1023, Niagara Falls, ON, Canad
0 Queen Street, P.O
L2E 6X5 905 -356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Building By -law Services
Type of Building
Time Frame
Typical Dwelling
Small Commercial Buildings
Large Buildings
Complex Buildings
10 Days
15 Days
20 Days
30 Days
February 19, 2007 2 BBS- 2007 -03
1. Fees for Building and Demolition Permits under Bill 124
By -law fees for permits can no longer be indexed on an annual basis in accordance
with the Composite Southam Construction Cost Index (Ontario Series) or the
Construction Price Statistics published by Statistic Canada.
Bill 124 will restrict building permit fees to cost recover the administration and
enforcement of the Act and Code relative to servicing building and demolition
permits only. Fees for service within the Building Division and other Departments
are currently under review and a further report is anticipated in the coming months.
2. Bill 124 permit delivery time frames
Bill 124 establishes prescribed time frames in which the Chief Building Official must
indicate to the permit applicant that the permit will be issued.
The MMAH has provided, in general, the following frames.
It is important to note that the above time frames can only commence if a complete
application for development has been received and has all the approvals required
under the various agencies having jurisdiction.
3. Registered Code Agent retained by the Chief Building Official
This By -law provides that the Chief Building Official may retain the services of a
"Registered Code Agency" to provide expert service for, among other things, the
review and inspection of a complex structure or unique scenarios that may arise
from time to time.
4. Qualifications for Building Officials
The Ministry has now established mandatory qualifications for both Building Officials
and designers to adequately administer the Ontario Building Code. Building
Division staff, affected by Bill 124, has completed all the testing, is qualified and
certified to perform the functions under the Act relative to their various duties.
February 19, 2007 3
5. Other Significant Changes
a) Standardized Building Permit Applications.
b) A Code of Conduct for Building Officials (forthcoming in a future report).
c) Time frames in which to conduct inspections.
d) Standardized Order Forms.
Accordingly, it is recommended that Council enact the "New Building Permit By -law" which
will complete the Municipality's co plt nce r- uirements under Bill 124.
Recommended by: 04PL..
Respectfully submitted:
i, Director of Building By -law Services
‘;e--/
MacDonald, Chief Administrative Offi
BBS- 2007 -03
February 19, 2007
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
1. Tax Receivables
Current Taxes
Percentage Collected
Levy to Date
Penalties Charged
Collections
Balance
Tax Arrears
Percentage Collected
Opening Balance
Penalties Charged
Collection
Balance
Total Unpaid Taxes
Unpaid Taxes as
Annual Taxes 9.79%
Niag ara ail s
CANADA
Re: F- 2007 -06
Major Receivables Quarterly Report
RECOMMENDATION:
For the information of Council.
BACKGROUND:
The following is the quarterly report of Tax and Sundry Receivables to December 31st,
2006.
2006 2005 2004
94% 94% 94%
147, 988,653 142,101, 948 137,604,788
1,047,032 954,626 1,021,467
139,488,471 134,480,886 130,470,004
9,547,214 8,575,688 8,156,251
2006 2005 2004
69%
14,461,355
1,324,767
10,843,686
4,942,436
14,489,650
68%
16, 815, 838
1,406,604
12,336,775
5,885,667
14,461,355
F- 2007 -06
53%
16,734, 068
1,631, 007
9,705,488
8,659,587
16,815,838
0 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca
10.18%
Working Together to Serve Our Community
12.22%
Corporate Services Department
Finance
February 19, 2007
Finance staff has continued its effort on tax collections and follows a collection procedure
to ensure that accounts are collected in a timely manner. This effort has improved the
financial position of the Corporation as it relates to unpaid taxes. The key indicator of
improved financial position in this regard is the percentage of taxes outstanding as
compared to total taxes levied. As the chart shows the taxes owing as a percentage of
taxes levied has improved to 9.79% in 2006 from 12.22% in 2004. Finance staff will
continue to seek to reduce this indicator in 2007. All overdue tax accounts are charged
penalty /interest of 1 -1/4% per month.
2. Other Receivables
Sundry Receivables 2006 2005
Accounts Receivables 858,593 805,695
Finance staff follows a collection procedure for all accounts to ensure that accounts are
collected in a timely manner. All overdue accounts are charged penalty /interest of 1 -1/4%
per month.
Recommended by:
Respectfully submitted:
AF:jd
K. E. Burden, Treasurer
2 F- 2007 -06
MacDonald, Chief Administrative Officer
February 19, 2007
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
RECOMMENDATION:
BACKGROUND:
Niag ara alts
CANADA
Re: PD- 2007 -11
PLC 01/2007, Request for Removal of Part Lot Control
Portion of Block 54, Registered Plan 59M -251
Pinestone Road (East Side), Neighbourhoods of St. David's
Walker Community Development Corporation
PD- 2007 -11
1. That Council approve the request and pass the by -law included in tonight's agenda
to designate a portion of Block 54, Registered Plan 59M -251, described as Parts 1
2, Reference Plan 59R- 11334, as exempt from Part Lot Control.
2. That the applicant be required to notify the City when the separate deeds have been
registered.
Walker Community Development Corporation has submitted a request to remove property
on the east side of Pinestone Road, west of St. Paul Avenue and north of Mountain Road,
from Part Lot Control (see attached letter and Schedule 1). This process enables the
division of Tots or blocks within a registered plan of subdivision. The general intent of
removing Part Lot Control is for the minor redesign of subdivision lots or the separation of
semi detached or on- street townhouse units.
The subject land is within the Neighbourhoods of St. David's plan of subdivision (59M -251)
that was registered in 1998. Block 54 was originally planned as a municipally -owned
walkway from the Pinestone Road cul -de -sac to Sandhill Drive. In September 2000,
Council declared the land surplus and subsequently sold the property to the subdivision
developer /builder. This land was transferred in four parts as shown on Reference Plan
59R -11334 (Schedule 2) to be combined with the four abutting properties (Blocks 43 44
and Lots 27 28). Parts 3 4 on the Reference Plan were sold to the owners of the
abutting single- detached lots on Sandhill Drive. Parts 1 2 remained in the ownership of
the developer under two separate corporate names. When these two companies recently
amalgamated, the parcels legally merged in title under the same ownership name.
4310 Queen Street, P.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Corporate Services Department
Planning Development
February 19, 2007 2 PD- 2007 -11
Approval of a Part Lot Control by -law is required so that the property line can be recreated.
This will allow the land consolidations as originally intended when the municipality sold the
property (Part 1 with Block 43 to the north, Part 2 with Block 44 to the south). There are
currently four townhouse units constructed on Block 43 with real estate sales anticipated
shortly. The land is appropriately zoned Residential Mixed (R3 -430) through site specific
Zoning By -law No. 97 -174.
CONCLUSION:
The removal of Part Lot Control will permit the division of a portion of the block into two
separate parcels that previously existed. These properties will be combined with the
abutting blocks to the north and south as proposed when the land was purchased from the
City several years ago. The use of this Planning Act mechanism is appropriate. The
applicant should advise the City when the land transactions described in this report have
been completed. The by -law to designate the lands as exempt from Part Lot Control is
included in tonight's Council's agenda.
Recommended by:
Respectfully submitted:
RW:gd
Attach.
Doug Darbyson, Director of PI nning Development
hn MacDonald, Chief Administrative Officer
S:1PDR120071PD- 2007 -11, PLC -01 -2007, Pinestone Rd ES, Walker Community Development Corp.wpd
PLEASE RESPOND TO WELLAND OFFICE
2 PAGES VIA. FAX 1 -905- 356 -2354
AND REGULAR MAIL
The Corporation of the City of Niagara Falls
Planning Department
City Hall
4310 Queen Street
Niagara Falls, Ontario
L2E 2L1
Attention: Mr. Rick Wilson
Dear Sir:
RE: Walker Community Development Corporation/
Maitland Group Inc.
Part Block 54, Plan 59M -251, designated as
Parts 1 and 2 on Plan 59R- 11334, Niagara Falls
January 18, 2007.
1882 -2007
Lancaster Brooks Welch LLP
PO Box 790, 80 King Street, St. Catharines, Ontario L2R 6Z1 Tel. 905.641.1551, Fax 905.6
PO Box 67, 247 East Main Street, Welland, Ontario L3B 5N9 Tel. 905.735.5684, Fax 905.735.3340
www.lbwlawyers.com
File:
Rodger A. Gordon, QC Malte von Anrep, QC* H. E. Thorsteinson, QC Gary L. Black Bruce S. Wormald
David L. Edwards* H. Christina MacNaughton* Robert B. Reid Thomas A. Bielby Robert W. P. Welch
Sheila P. Marcantonio R. Bruce Smith Del C. Daignault Thomas G. Hanrahan Michael A. Mann
Leanne E. Standryk Stanleigh E. Palka
Geoffrey F. Brooks, QC (retired); Robert S. K. Welch, OC, QC, LLD (1928 2000)
*Certified by the Law Society as a Specialist in Corporate and Commercial Law "Certified by the Law Society as a Specialist in Civil Litigation *Certified by the Law Society as a Specialist in Family Law
Planning
Spanned
PA .i. ct(
January 18, 2007
This letter is further to our telephone conversation of
As I indicated to you, Block 54 was originally conveyed
to the City of Niagara Falls as part of a subdivision agreement as it was intended (I believe) to be
used for a walkway. In 2001 the City of Niagara Falls decided that they did not want the block as a
walkway and agreed to convey it to our clients. Our clients decided to take the subject property and
felt it could be used to be added onto the abutting lands to make the lots larger.
RECEIVED
JAN 1 9 2007
PLANNING
EVELOPMHNT
Lo
(re 02_2( v--e o
As such, there were two deeds registered on July 24,
2001, namely LT- 187097 and LT- 187098. The former deed conveyed Parts 1 and 4 on said plan
59R -11334 to Maitland Group Inc. and the latter deed conveyed Parts 2 and 3 on said reference plan
to Walker Community Development Corporation. This was to ensure that the lands did not merge
and they could be conveyed to the abutting landowners.
Currently Part 1 on said plan is registered in the name
of Maitland Group Inc. and Part 2 is registered in the name of Walker Community Development
Corporation. However, as I said to you, effective January 1, 2007 Maitland Group Inc. and Walker
Community Development Corporation amalgamated to become Walker Community Development
Corporation. As a result, the two parts on the reference plan have merged again in title. It was an
accidental mistake on the part of the undersigned as what I should have done prior to the
amalgamation is conveyed Part 1 to another Walker company to ensure that the two parts did not
merge.
As I indicated to you, the intention is that Part 1 would
have merged with the owner of the abutting townhouse unit on Block 43 and Part 2 would have
merged with the abutting owner of the townhouse unit on Block 44. Given that the two parts have
merged this cannot happen without an exemption from part lot control.
As such, I am requesting that you consider the
registration of a by -law exempting Part Block 54, Plan 59M -251, designated as Parts 1 and 2 on Plan
59R -11334 from part lot control. If that by -law can stay in place for a period of one or two years it
would be greatly appreciated. Again, the intention is that the parts will merge with the abutting
landowners to the north and south.
In this regard, we have enclosed our cheque in the
amount of $250.00, which you indicated is the required fee for the part lot control by -law.
please contact the undersigned.
speedy co- operation in this matter.
RBS:pm
Encl.
2
If you require any further information or documentation
We trust this is satisfactory and we thank you for your
Yours very truly,
LANCASTER BROOKS WELCH LLP
PE
R. Bruce Smith
Removal of Part Lot Control
Portion of Block 54, Registered Plan 59M -251
Pinestone Road (East Side)
SCHEDULE 1
Location Map
Subject Land
N
w
S
Scale
1 :NTS
E
b ..god
npwaa .al6
R ..18.000
A =5.017
C =5.001 SS°
N3'22'35"E
(pan man)
E
4x12
No d N8748'W
(R.Hwnaa B.arin,>
4U2
'Q Block 44
PIN 64268-0183
43.92 (Plan mow
1
PART
2
3
AREA
109.3 sq.m
Block 54
L PIN 64 268 018203) j
'r
N87'48'W 43.82 (plan a ..N) (Pl an m.s.)Y
109.4 sq,m
88.3 sq.m
88.4 sq.m
29
Block 43
PIN 64268-0181
35.38 (plan k mw.)
79.30
(Am* maw) r�
2f
PIN 04268 -0191
25
20 24
28.
PIN 84268 -0192
79.11
35.29 (plan t rm.
30
26
SCHEDULE
LOCATION
BLOCK 54, PLAN 59M -251
P.I.N.
AU. OF 64268- 0182(LT)
W
L
1183.036 Q
A•10.118
0.1011
Nl•12`4s�w
(Flan14 mae.)
bent' g
T
alri
Sale
R:18
t
AS 00
N1�'0 'E s
l Seal 6*"****)
named 4160
0
D
1 REQUIRE THIS PLAN
TO BE "DEPOSITED UNDER
114E LAND TITLES ACT
t♦
A N J. •0.
ONTARIO LA a SUR r OR
NOTES
AU. FOUND MONUMENTATION SHOWN ON THIS PLAN VMS PLANTED BY
Matthews, Cameron, Heywood Kerry T. Howe SURVEYING LTD. OR A
PREDECESSOR FIRM UNLESS OTHERWISE STATED
METRIC NOTE
DISTANCES SHOWN ON THIS PLAN ARE IN METRES AND CAN BE
CONVERTED TO FEET BY DIVIDING BY 0.3048
BEARING NOTE
BEARINGS ARE ASTRONOMIC AND' ARE REFERRED TO THE SOUTHERLY
UMIT OF BLOCK 54, AS SHOWN ON PLAN 59M -251, HAVING A BEARING
OF N8748'W
LEGEND
00401E3 SURVEY MONUMENT FOUND (at)) DENOTES WITNESS
I -0- SURVEY UONUMENT SET (OH) ONTARIO HYDRO
CUT CROSS pion 'PLAN SBM -231
rte
re S NN4OMD IRON BM
SSW
8* STt ROUND ORT STANDARD IRON 8M
IRON BAIL
04 CONCRETE MONUMENT
CP CONCRETE PIN WASHER
M10 •MNOSTRY OF TRANSPORTATION OF ONTARIO
M 7N Matthews, Cantata, H•ywaad Wary T. He 91RVETING LTD.,
R North S Sw& E Eat I. 1Vat maw maaan prop Plap:4Pa,
PLAN OF SURVEY OF
Block 54, Plan 59M -251
cmr OF NIAGARA FALLS
REGIONAL MUNICIPALITY OF NIAGARA
MATIHEWS, CAMERON, HEYN'OOD KERRY T. HOE SURVEYING UNITED
4 9 to s0 METRES
1 1: 400
2001
March 15, 2001
SURVEYOR'S CERTIFICATE
1 CERTIFY THAT:
1. THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE
'1111H THE SURVEYS ACT, THE SURVEYORS ACT, AND THE LAND
TITLES ACT AND THE REGULATIONS MADE UNDER THEM.
2. THE SURVEY WAS COMPLETED ON NOVEMBER 7, 2000
March 15, 2001
DATE
D2
PLAN 59R -1 1,.%3
RECEIVED AND DEPOSITED
11AR .2 22081_
DATE
ASST DE REGISTRAR
FOR THE LAND TITLES DIVISION
OF NIAGARA SOUTH (59)
ALLAN
Ontario Land the r•,
Matthews, Cameron, Heywood Kerry T. Howe
Surveying Limited
5733 Shnlq AWN 616 I. Rlapme Feb, Allot IX 7C2 Mena 356 -383 fat 358 -6224
f Oslo Slat, sL Ca0MMtnr, Onlm,. UR 32 Me 867 -3308 fat 485 -6571
DMV/BL 1Chadrod AC ILl M, 31319A 1 2000 -212'
February 19, 2007 MW- 2007 -16
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2007 -16
Proposed Development Agreement Extension of Sanitary Sewer
Montrose Road (Matthews Drive to Hydro Corridor) K. DeGiorgio
RECOMMENDATION:
It is recommended that City Council authorize staff to prepare a Development
Agreement with Karen DeGiorgio for the extension of a sanitary sewer on Montrose
Road in order to satisfy the conditions of approval for Consent Application
B11 &12/2006/NF, and further that staff be directed to coordinate the installation and
cost sharing with other benefitting land owner.
BACKGROUND:
At its meeting on March 28, 2006, the Committee of Adjustment approved an
application to sever two residential Tots from the property located at 3151 Montrose
Road subject to the satisfaction of nine (9) conditions prior to March 29, 2007.
Condition #3 requires the applicant to enter into a Development Agreement with the
City for the extension of a sewer that will service these new lots as well as the property
on the east side of Montrose Road that will front onto this sewer.
The two sewer systems have been designed but have not proceeded to construction
due two complications with funding and the consideration of an application to formally
expand the Urban Area Boundary in this area.
Council's authorization to proceed with the necessary Development Agreement will
ensure that Condition #3 of the Consent Application will be fulfilled prior to the March
29, 2007 deadline.
Recommended by:
Respectfully submitted:
Niag ara all s
CANAD
A
Ed Dujlovic,
ector of Municipal Works
4310 Queen Street, P.O. Box 1023, Niagara falls, ON, Canada L2E 6X5 905 -356 -7521 www.niagarafalls.ca
MacDonald, Chief Administrative Office
Working Together to Serve Our Community
Community Services Department
Municipal Works
February 19, 2007 MW- 2007 -18
His Worship Mayor Ted Salci
and Members of the Municipal Council
City of Niagara Falls, Ontario
Members:
Re: MW- 2007 -18
2006 Water Distribution Subsystem Annual and Summary Report
RECOMMENDATION:
That this report be received and filed.
BACKGROUND:
The attached report is prepared in accordance to the Safe Drinking Water Act 2002
Ontario Regulation 170/3, effective May 17, 2003. For a drinking water system owned
by a municipality, a copy of the report is to be given to members of municipal council
before March 31, 2007 and posted on the city web page.
Recommended by:
Respectfully submitted:
Niag ara alls
CANADA
T. Mussari
s:lreports\MW- 2007 -18- Water Distribution Summary Report
Ed Dujlovic, rector of Municipal Works
MacDonald, Chief Administrative Officer
0 Queen Street, F.O. Box 1023, Niagara Falls, ON, Canada L2E 6X5 905- 356 -7521 www.niagarafalls.ca
Working Together to Serve Our Community
Community Services Department
Municipal Works
CITY OF NIAGARA FALLS
WATER DISTRIBUTION SYSTEM
ANNUAL SUMMARY REPORT
JANUARY 1, 2006 DECEMBER 31, 2006
Prepared by: City of Niagara Falls Municipal Works
This report is prepared in compliance with section 11 and schedule 22 Ontario Regulation
170/03 made under the Safe Drinking Water Act 2002 (R. S. O. 2000).
Water Distribution System
The City of Niagara Falls purchases it's water from the Regional Municipality of Niagara
through the Niagara Falls Water Treatment plant. The municipal water sources is a surface
water supply from the Niagara River via the Welland River. The water is distributed to
Niagara Falls residents through approximately 441 kilometres of City water mains and 39
km of Region water mains. The size of City of Niagara Falls water mains range in size from
25mm to 450 mm. The City of Niagara Falls water distribution system is a class 2 facility.
Please refer to the Regional Municipality of Niagara report. Website
www. regional. niagara. on. ca
Operational Compliance
The City of Niagara Falls has reviewed its procedures and have taken measures to assure
compliance with all new regulations. Protocol for reporting indicators of adverse water
quality, and making data and reports publicly available have been established and are being
followed.
To meet the standards the City samples from a minimum of 85 sites each month. Sampling
sites represent a cross section of the city's distribution system. Samples are collected by staff
members who have attained MOE certification as Water Distribution System Operator and
or Water Analyst.
Tests to comply to the Regulation are for Microbiological (Bacteria) indication of adverse
water quality.
Drinking Water Microbiological Test Standard
Escherichia Coli (E. Coli) 0
Fecal Coliform 0
Total Coliforms 0
Background Colonies 200 or less
Additional Free Chlorine is required to be 0.05 mg. /litre or higher.
When indicators of adverse water quality occur corrective measures and notification to the
Ontario Ministry of Environment and the Medical Officer of Health are immediately
undertaken.
1
Resampling, including adjacent sites and or fire hydrants is initiated, and where necessary
flushing of water mains and increasing the chlorine dosages is carried out until water quality
once again conforms to the Regulation.
DEFINITIONS, ABBREVIATIONS TERMS
MAC Maximum Acceptable Concentration
This is a health related standard established for parameters which when present above a
certain concentration, have known or suspected adverse health effects. The length of time
the MAC can be exceeded without injury to health will depend on the nature and
concentration of the parameter. (Ontario Drinking Water Standards. Ministry of the
Environment. Revised January 2001. PIBS #4065e. Page 2.)
mg /L milligrams per litre (parts per million)
cfu /100 mL Colony Forming Units per 100 millilitres of sample
Less than
Greater than
Microbiological parameters (ie. bacteria) the source ofbacteriamay come from wastewater
treatment plants, livestock operations, septic systems and wildlife. Microbiological analysis
is the most important aspect of drinking water quality due to its association with dangerous
water -bourne diseases. (Paraphrased from Ontario Drinking Water Standards. Ministry of
the Environment.)
Total Coliform the group of bacteria most commonly used as an indicator of water quality.
The presence of these bacteria in a water sample indicates inadequate filtration and or
disinfection. (Ontario Drinking Water Standards. Ministry of the Environment.)
Escherichia coli (E. coli) a sub -group of coliform bacteria. It is most frequently associated
with recent fecal pollution. The presence of E. coli or fecal coliforms in drinking water is
an indications of sewage contamination. (Ontario Drinking Water Standards. Ministry of
the Environment)
Background Count the bacteria content in water which can be used to measure water
quality deterioration in distribution systems. (Ministry of Environment. Method MFMICRO
E3371)
Trihalomethanes (THM's) The maximum acceptable concentration (MAC) for
Trihalomethanes (THMs) in drinking water is 0.10 mg /L based on a four quarter moving
annual average of test results. Trihalomethanes are the most widely occurring synthetic
organics found in chlorinated drinking water. The four most commonly detected
2
Microbiological
Parameters
MAC
or
IMAC
Number
of
Samples
Number of
Detectable
Results
Sampling
Dates
Range
Number
of
Exceedance
s
Comments
Total Coliforms
(counts /100ml)
1219
8
Jan. 1/06
Dec. 31/06
Not
Applicable
8
Indicates possible
presence of fecal
matter
Background
Colonie
(counts /100m1)
>200
604
0
June 19/06
1 -200
0
Possible indicator
of deteriorating
water quality
E -Coli
(counts /100ml)
MF
1219
0
Jan. 1/06
Dec. 31/06
Not
Applicable
0
Definate indicator
of fecal
contamination
Fecal
Colif MF
1219
0
Jan. 1/06
Not
Applicable
0
Definate indicator
of fecal
contamination
HPC
<500
615
0
June. 1/06
Dec. 31/06
<500
0
Possible indicator
of deteriorating
water quality
Trihalomethanes in drinking water are chloroform, bromodichloromethane,
chlorodibromomethane and bromoform. The principal source of Trihalomethanes in
drinking water is the action of chlorine with naturally occurring organics (precursors) left in
the water after filtration.
Lead Metals, for the most part, are naturally present in source water, or are the result of
industrial activity. Some, such as Lead, may enter the drinking water from pluming in the
distribution system.
Lead can occur in the source water as a result of erosion of natural deposits. The most
common source of lead is corrosion of the household plumbing. First flush water at the
consumer's tap may contain higher concentrations of lead then water that has been flushed
for several minutes.
CITY OF NIAGARA FALLS
WATER DISTRIBUTION SYSTEM ANNUAL SUMMARY REPORT
For the period January 1, 2006 through December 31, 2006
*Indicator of adverse water quality if detected in treated water.
Note: The information used to complete the above table was reported by E3 Laboratories.
3
Parameters Related
o
Number
Number of
Sampling
Range
Number of
Comments
to Microbiological
of
Dectecable
Dates
mg/L
Exceedances
0
Quality
Samples
Results
(weekly
daily)
2006 -06 -17
26.0
Free Chlorine
Chlorination
Jan.1 /06
0.05
2006 -09 -21
Recommended
System
(mg /1)
2679
2679
Dec.31 /06
0.70
0
level of at least 0.2
mg /L not an
adverse result
unless less than
lead
10
2
0
2006 -03 -17
0.05 mg /L
Chemical
Parameters
MAC
Number of
Samples
Number of
Detectable
Results
Sampling
Dates
Range
ug/L
Number of
Exceedances
Typical Source
of Contaminant
Trihalomethane
100
4
0
2006 -03 -17
12.3
0
Bi- product of
(ug /L)
2006 -06 -17
26.0
Chlorination
2006 -09 -21
2006 -12 -18
lead
10
2
0
2006 -03 -17
1.5
0
Naturally
(ug /L)
2006 -09 -16
1.9
occurring
CHLORINE RESIDUALS SUMMARY 2006
y licensed operators
TRIHALOMETHANE LEAD RESULTS SUMMARY 2006
4
Location Address
Sample
Date
Collected
Membrane Filtration Count
100m1
Fecal
Chlorine
Residual
mg/L
Corrective Action Taken
Total
Coliforms
Total
Coliform
Background
E. coli
(M.F.)
Coliform
(M.F.)
Mcdonald's
Lundy's Lane
06/01/23
2
0
0
0
1.02
Hydrant flushed —water
sample taken up and down
stream Jan 24 &25/06. All
results passed.
8214 Lundy's Lane
Avondale
06/02/21
1
8
0
0
0.49
Flushed and re- sampled up
and downstream. Re-
sampled up and
downstream. All results
passed.
7600 Lundy's Lane
Mick Angelo's
06/04/10
15
3
0
0
0.80
Flush watermain, water
sample and chlorine
residual up and
downstream. Re- sample
and chlorine residual up
and down stream. All
results passed
9514 Montrose
Road
Crown Trucking
06/06/27
2
HPC*
228
0
0
0.06
Hydrant flushed water
samples and chlorine
residual up and down
stream. Re- sample and
chlorine residual up and
down stream. All results
passed.
5795 Thorold Stone
Road
Zavitz Trucking
06/07/11
1
HPC*
186
0
0
0.07
Re- sampled Zavitz
Trucking and took samples
up and down stream, it
passed. Re- sampled Zavitz
Trucking and took samples
up and down. All results
passed.
9061 Gamer Road
Cyanamid
06/08/14
1
HPC*
1
0
0
0.06
Flushed system, took
chlorine readings and re-
sampled downstream and
at adverse. No way to
upstream. Re -took
chlorine readings and re-
sampled received notice of
results on Aug. 14/06. All
results passed.
ADVERSE WATER SUMMARY AND CORRECTIVE ACTION, 2006
5
Location Address
Sample
Date
Collected
Membrane Filtration Count
100m1
P -a /100 ml
Presumptive
Chlorine
Residual
mg/L
Corrective Action Taken
Total
Coliforms
Total
Coliform
Background
E. coli
Fecal C
confirmed
6681 Culp Street
Boys Girls Club
02/10/06
1
HPC*
0
0
0
0.52
Flush hydrant at this
location, sample up and
down stream Oct 3/06.
Re- sample up and down
stream Oct. 4/06. Results
rec'd from E -3 Lab
Oct.6 /06. All results
passed.
6681 Culp Street
Boys Girls Club
30/10/06
4
HPC*
10
0
0
0.68
Hydrant was flushed at the
location. We sampled up
and down stream Oct.
31/06. We re- sampled up
and down stream Nov.
1/06. Final results from
E3 lab Nov. 6/06 indicate
all results passed.
Annual Summary Report 2006
The City started to take the HPC sample in lieu of the Total Coliform Background on June 19, 2006. (Note 1)
S: \REPORTS \2007 Reports \Water Distribution Summary Report 2006.wpd
6
The City of Niagara Falls, Ontario
Council Chambers
No.
Moved by Alderman
Seconded by Alderman
WHEREAS wet age related macular degeneration (AMD), the leaking of blood vessels to the back
of the eye, is the leading cause of blindness for Canadians over the age of fifty (50); and
WHEREAS nearly 16,000 Canadians are diagnosed with wet AMD every year; and
WHEREAS there are three sub -types of wet AMD lesions: predominantly classic, minimally classic
and occult; and
WHEREAS left untreated all three sub -types lead to blindness; and
WHEREAS in 2002, the Ontario government announced coverage for Visudyne therapy, a drug
treatment for the classic wet AMD; and
WHEREAS people with occult or minimally classic lesions are not covered for treatment; and
WHEREAS when not treated, the other forms of AMD can develop into predominantly classic
lesions; and
WHEREAS Visudyne treatments are expensive, in the thousands of dollars; and
WHEREAS a number of other Provinces provide coverage for Visudyne for all forms of AMD; and
WHEREAS despite not receiving Health Canada approval, those with occult AMD, who have
received Visudyne treatment, have seen their advancing blindness slowed; and
WHEREAS the cost of providing coverage for all sufferers of AMD is arguably less than the cost
of treating people after they incur blindness.
THEREFORE be it resolved that the Provincial Minister of Health be petitioned to extend coverage
of Visudyne treatment to those with minimally classic and occult wet age related macular
degeneration (AMD).
AND The Seal of the Corporation be hereto affixed.
DEAN IORFIDA R. T. (TED) SALCI
CITY CLERK MAYOR
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to establish Part 3 on Reference Plan 59R -13257 as a public highway, to be known as and
to form part of Hodgson Avenue.
WHEREAS Section 31 of the Municipal Act, 2001 provides, in part, that a municipality may pass
a by -law to establish a highway;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That Block A Plan 157 Stamford designated as Part 3 on Reference Plan 59R- 13257, in the
City of Niagara Falls, in the Regional Municipality of Niagara, be established for public highway
purposes.
2. That said Part 3 on Reference Plan 59R -13257 that is hereby established as a public
highway, be known as and form part of Hodgson Avenue.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 19, 2007.
February 19, 2007.
February 19, 2007.
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Number
A by -law to amend By -law No. 89 -2000,
being a by -law to regulate parking and
traffic on City Roads. (Parking Prohibited,
Prohibited Turns, Heavy Vehicle Restriction,
Stop Signs at Intersections, Through
Highways)
The Council of the Corporation of the City of Niagara Falls hereby ENACTS as follows:
1. By -law No. 89 -2000, as amended, is hereby further amended
(1) by adding to the specified columns of Schedule C thereto the following item:
PARKING PROHIBITED
COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
HIGHWAY SIDE BETWEEN TIMES OR DAYS
Corwin Avenue West Lundy's Lane and a point At all times
75 metres south of Lundy's Lane
(2) by deleting from the specified columns of Schedule C thereto the following item:
COLUMN 1
HIGHWAY
Corwin Avenue
COLUMM 1
HIGHWAY
Corwin Avenue
COLUMN 1
HIGHWAY
Corwin Avenue
Stokes Street
(5)
COLUMN 1
INTERSECTION
COLUMN 2 COLUMN 3
SIDE BETWEEN
West
(3) by adding to the specified columns of Schedule R thereto the following item:
COLUMN 2
LOCATION
Parts Source
COLUMN 2
BETWEEN
Dorchester Road and Dawson Street
PARKING PROHIBITED
Lundy's Lane and a point 20 metres
South of Lundy's Lane
PROHIBITED TURNS
Lundy's Lane and Stokes Street
COLUMN 3 COLUMN 4
DIRECTION PROHIBITED TURN
Eastbound
Right
(4) by adding to the specified columns of Schedule S thereto the following items:
HEAVY VEHICLE RESTRICTION
Corwin Crescent and the eastern limit of Stokes Street
by deleting from the specified columns of Schedule P thereto the following item:
STOP SIGNS AT INTERSECTIONS
COLUMN
FACING TRAFFIC
Westbound on Dawson Street
COLUMN 4
TIMES OR DAYS
At all times
COLUMN 5
TIMES OR DAYS
At any time
COLUMN 3
TI M ESIDAYS
Anytime
Anytime
(6) by deleting from the specified columns of Schedule N thereto the following item:
COLUMN 1 COLUMN
HIGHWAY BETWEEN
THROUGH HIGHWAYS
Dorchester Rd. South limit of McLeod Rd. And the north limit of Jill Dr.
COLUMN 1 COLUMN
HIGHWAY BETWEEN
First Reading: February 19, 2007
Second Reading: February 19, 2007
Third Reading: February 19, 2007
by adding to the specified columns of Schedule N thereto the following item:
THROUGH HIGHWAYS
Dorchester Road North limit of Jill Drive and the north limit of Dorchester Road
This By -law shall come into force when the appropriate signs are installed.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
CITY OF NIAGARA FALLS
By -law No. 2007
A By -Law under the Building Code Act respecting construction, demolition, change of use,
occupancy, transfer of permits and inspections.
WHEREAS pursuant to the Building Code Act, S.O. 1992 c.23 as amended, the Lieutenant
Governor in Council has established a Building Code which is in force throughout Ontario; and
WHEREAS section 7 of the Building Code Act, S.O. 1992 c.23 as amended empowers Council
to pass by -laws respecting construction, demolition, change of use, transfer of permits,
inspections, and the setting and refunding of fees;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS ENACTS AS FOLLOWS:
SHORT TITLE
This By -law may be cited as the "Building Permit By- Law
Part 1
DEFINITIONS
1.1 In this By -law;
1.1.1 "Act" means the Building Code Act, S.O. 1992, c.23 as amended.
1.1.2 "Applicant" means the owner of a building or property who applies for a permit or any
person authorized by the owner to apply for a permit on the owner's behalf including but
not limited to the Architect, Professional Engineer, Contractor and/or builder.
1.1.3 "Architect" means the holder of a license, certificate of practice or a temporary license
issued under the Architects Act as defined in the Building Code.
1.1.4 "Building Code" means the regulations made under section 34 of the Act.
1.1.5 "Chief Building Official" means a Chief Building Official appointed by By -law by the
Corporation of the City of Niagara Falls for the purposes of enforcement and
administration of the Act.
1.1.6 "City" means the City of Niagara Falls.
1.1.7 "Construct" means construct as defined in subsection 1(1) of the Act.
1.1.8 "Corporation" means the Corporation of the City of Niagara Falls.
1.1.9 "Demolish" means demolish as defined in subsection 1(1) of the Act.
1.1.10 "Fast Track Service" means, when authorized by the Chief Building Official, an expedited
plan examination service conducted outside the normal review process, usually contracted
out, with no guarantee of earlier permit issuance.
1.1.11 "Inspector" means an inspector appointed by By -law by the Corporation of the City of
Niagara Falls for the purposes of enforcement of the Act.
1.1.12 "Owner" means the registered owner of a property and includes a lessee, a mortgagee in
possession, and any person who proves to the satisfaction of the Chief Building Official
that they are the authorized agent of the owner of a property and any person who qualifies
as the owner of a property pursuant to section 15.1 of the Act.
CLASSES OF PERMITS
PERMITS
-2-
1.1.13 "Permit" means permission or authorization given in writing from the Chief Building
Official to perform work, to change the use of a building or part thereof, or to occupy a
building or part thereof, as regulated by the Act and Building Code.
1.1.14 "Permit Holder" means the owner to whom a permit has been issued or where a permit has
been transferred, the new owner to whom the permit has been transferred.
1.1.15 "Professional Engineer" means a person who holds a licence or temporary licence under
the Professional Engineers Act, as defined in the Building Code.
1.1.16 "Registered Code Agency" means a registered code agency, as defined in subsection 1(1)
of the Act.
1.1.17 "Sewage System" means a sewage system, as defined in the Building Code.
1.1.18 "Work" means construction or demolition of a building or part thereof, as the case may be.
1.2 Words or terms not defined in this By -law shall have the meaning ascribed to them in the
Act or the Building Code.
Part 2
2.1 Set out Schedule A
Classes of permits required for construction, demolition or change of use are set forth in
Schedule "A" of this By -law.
Part 3
3.1 File application on forms prescribed
To obtain a permit, an applicant shall file an application electronically or in writing, on
forms prescribed by the Province of Ontario and available from the Chief Building Official
or from the Building Code website, www.obc.mah.gov.on.ca, and supply any other
information relating to the application, as required by the Chief Building Official.
3.2 Information submitted Chief Building Official
Every application for a permit shall be submitted to the Chief Building Official, and
contain the following information:
(1) Where application is made for a construction permit under subsection 8(1) of the Act,
the applicant shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish
(b) include complete plans and specifications, documents and other information as
required by Article 2.4.1.1B of the Building Code and as described in this By -law
for the work to be covered by the permit;
(c) include completed form as set out in Schedule "D where applicable; and
(d) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
(2) Where application is made for a demolition permit under subsection 8(1) of the Act,
the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish
(b) include complete plans and specifications, documents and other information as
required by Article 2.4.1.1B and Sentence 2.4.1.1(2) of the Building Code and
as described in this By -law for the work to be covered by the permit;
(c) include completed demolition pre permit clearance form as set out in Schedule
"E and
(d) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
(3)
-3-
Where application is made for a conditional permit under subsection 8(3) of the Act,
the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish;
(b) include complete plans and specifications, documents and other information as
required by Article 2.4.1.1B of the Building Code and as described in this By -law
for the work to be covered by the permit;
(c) state the reasons why the applicant believes that unreasonable delays in
construction would occur if a conditional permit is not granted;
(d) state the necessary approvals which must be obtained in respect of the proposed
building and the time in which such approvals will be obtained;
(e) state the time in which plans and specifications of the complete building will be
filed with the Chief Building Official;
(f) be subject to the applicant entering into an agreement as provided for in
subsection 8(3) of the Act; and
(g) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
(4) Where application is made for a sewage permit issued under subsection 8(1) of the
Act, the application shall:
(a) use the provincial application form, "Application for a Permit to Construct or
Demolish;
(b) include complete plans and specifications, documents and other information as
required under Article 2.4.1.1B of the Building Code and as described in this
By -law for the work to be covered by the permit;
(c) include a site evaluation which shall include all of the following items, unless
otherwise specified by the Chief Building Official:
(i) include the date the evaluation was done;
(ii) include name, address, telephone number and signature of the person who
prepared the evaluation; and
(5)
-4-
(iii) include a scaled site plan showing:
the legal description, lot size, property dimensions, existing
rights -of -way, easements or municipal/utility corridors;
the location and clearances of items listed in Column 1 of Tables
8.2.1.6.A., 8.2.1.6.B. and 8.2.1.6.C. of the Building Code;
the location of the proposed sewage system;
the location of any unsuitable, disturbed or compacted areas;
proposed access routes for system maintenance;
depth to bedrock;
depth to zones of soil saturation;
soil properties, including soil permeability; and
soil conditions, including the potential for flooding; and
(d) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
Where application is made for a change of use permit issued under subsection 10(1)
of the Act, the application shall:
(a) use the prescribed form in Schedule "B" of this By -law;
(b) describe the building in which the occupancy is to be changed, by a description
that will readily identify and locate the building;
(c) identify and describe in detail the current and proposed occupancies of the
building or part of a building for which the application is made;
(d) include complete plans and specifications showing the current and proposed
occupancy of all parts of the building, and which contain sufficient information
to establish compliance with the requirements of the Building Code, including:
floor plans; details of wall, ceiling and roof assemblies identifying required fire
resistance ratings and load bearing capacities, and details of the existing sewage
system, if any;
(e) state the name, address and telephone number of the owner;
(f) be signed by the owner or their authorized agent who shall certify the truth of the
contents of the application; and
(g) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
(6) Where application is made for a transfer of permit because of a change of ownership
of the land, as permitted under clause 7(h) of the Act, the application shall:
(a) use the prescribed form in Schedule `B" of this By -law;
(b) provide the names and addresses of the previous and new land owner;
(c) provide the date that the land ownership change took place;
(d) describe the permit that is being transferred; and
(e) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
(7) Where application is made for occupancy of an unfinished building as provided for
in Article 2.4.3.1 of the Building Code, the application shall:
(a) use the prescribed form in Schedule `B" of this By -law;
(b) describe the part of the building for which occupancy is requested; and
(c) provide all applicable documentation as set out in Part 4, Subsection 4.1 to 4.4,
and Schedule "C
3.3 Incomplete applications
3.4 Partial permits requirements
3.5 Partial permits limitations
3.6 Inactive permit application
PLANS AND SPECIFICATIONS
-5-
An application is deemed incomplete if it does not contain the prescribed information or
is not accompanied by plans, certificates and documents specified in this By -law. Where
an application is found to be incomplete and does not comply with Sentence 2.4.1.1B (5)
of the Building Code, the application shall be refused.
When feasible, the Chief Building Official may consider approval of a portion of the
building or project prior to the issuance of a permit for the entire building or project,
(a) application shall be made and all applicable fees be paid for the entire project; and
(b) complete plans and specifications covering the portion of the work for which
immediate approval is desired shall be filed with the Chief Building Official; and
where a partial permit is requested the full building or project application is deemed
to be incomplete.
Where a permit is issued for part of a building or project, this shall not be construed to
authorize construction beyond the plans for which approval was given, nor that approval
will necessarily be granted for the entire building or project.
Where an application for a permit remains incomplete or inactive for six months after it
is made, the application may be deemed by the Chief Building Official to have been
abandoned and notice thereof shall be given to the applicant. If an application is deemed
to be abandoned, a new application must be filed for the proposed work.
Part 4
4.1 Information sufficient to determine conformity
Sufficient information shall be submitted with each application for a permit to enable the
Chief Building Official to determine whether or not the proposed construction, demolition,
change of use or transfer of permit will conform with the Act, the Building Code and any
other applicable law.
4.2 Two complete sets required unless specified
Each application shall, unless otherwise specified by the Chief Building Official, be
accompanied by two complete sets of the plans, documents and specifications as described
in this By -law and Schedule "C" of this By -law.
-6-
4.3 Plans drawn to scale on durable material legible
Plans shall be drawn to scale (min. 1:75 or 3/16 =1') on paper, electronic media approved
by the Corporation or other durable material and shall be legible. 4.4 Site plans referenced
to plan of survey certified Site plans shall be referenced to an up -to -date survey and,
when required to demonstrate compliance with the Act, the Building Code or other
applicable law, a copy of the survey shall be submitted to the Chief Building Official. Site
plans shall show:
(1) rights -of -way, easements and municipal services.
(2) lot size and the dimensions of property lines and setbacks to any existing or proposed
buildings;
(3) existing and proposed finished ground levels or grades; and existing
4.5 Surveyor's certificate location of foundation
A surveyor's certificate, prepared by a register ed Ontario Land Surveyor, shall be
submitted and approved prior to commencement of the framing or the above grade portion,
and shall show the location of the foundation or foundations on the lot for the buildings,
and for single family, semi detached, duplex, triplex, four -plex, and row house, elevations
shall be given for the top of foundation(s).
4.6 As constructed plans
On completion of the construction of a building, the Chief Building Official may require
a set of as constructed plans, including a plan of survey showing the location of the
building.
4.7 Plans property of Corporation
Plans and specifications furnished according to this By -law or otherwise required by the
Building Code and the Act become the property of the Corporation and will be dealt with
accordingly.
REGISTERED CODE AGENCIES
Part 5
5.1 Registered Code Agency hired by Chief Building Official
The Chief Building Official is authorized to enter into and sign contracts for service
agreements with Registered Code Agencies and appoint them to perform specified
functions from time to time in order to maintain the time periods for permits prescribed in
subsection 2.4.1 of the Building Code.
5.2 Duties of Registered Code Agency
The registered code agency may be appointed to perform one or more of the specified
functions described in section 15.15 of the Act.
FEES AND REFUNDS
6.1 Fees Schedule "A"
6.2 Revisions to permits fee
6.4 Additional fee and penalty
6.5 Fast Track Service— fee
6.6 Conditional permit fee
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Part 6
The Chief Building Official shall determine the required fees for the work proposed,
calculated in accordance with Schedule "A" of this By -law and the applicant shall pay such
fees. If a fee cannot be calculated in accordance with Schedule "A the Chief Building
Official shall calculate the fee and the applicant shall pay such fee. No permit shall be
issued until the fees therefore have been paid in full.
Where the applicant for a building permit or other permit makes material changes to plans,
specifications or calculations after submission to the Building Department for approval,
the Chief Building Official may increase the required permit fee or fees by applying the
rates in Schedule "A" to these changes and require payment of such increased fee or fees
before the applications for permit, permits or approvals are issued.
6.3 Work without benefit of permits at any stage of construction fee
Any person or Corporation who commences construction, demolition or changes the use
of a building before submitting an application for a permit or receiving a permit, shall in
addition to any other penalty under the Act, Building Code, or this By -law pay an
additional fee equal to 100% of the amount calculated as the full permit fee for the entire
project in order to compensate the Corporation for the additional work incurred by such
early start of work.
Where a project receives multiple partial permits, the additional fee shall be based on the
overall permit fee and will not exceed $5,000 per occurrence and for each stage of
construction.
The additional fee in section 6.3 shall not relieve any person or other corporate entity from
complying with the Building Code and other applicable law or from any penalty prescribed
by the Building Code Act for commencing construction prior to obtaining a building
permit.
Where the applicant for a building permit requests a Fast Track Service, additional fees as
detailed in Schedule "A" shall apply.
Where the applicant for a building permit requests and is granted a conditional permit,
additional fees as detailed in Schedule "A" shall apply.
6.7 Limiting distance fee
6.10 Minimum permit fee not refundable
TRANSFER OF PERMITS
7.1 Application completed by new owner
7.2 Fee Schedule "A"
-8-
Where the applicant for a building permit enters into a limiting distance agreement,
additional fees as detailed in Schedule "A" shall apply.
6.8 Administrative fees not refundable
Administrative fees collected under this Section are not refundable.
6.9 Refunds
Where there is a written request for a refund of permit fees paid, the Chief Building
Official shall retain the following amounts of the permit fee payable:
(i) 10% for administration where no plans examination has commenced;
(ii) 45% for permit processing where plans examination has commenced; and
(iii) in addition to (i) and (ii), 5% of the permit fee payable for every monitoring
inspection carried out to a maximum of 9 inspections or 45 at which time no
refund is payable.
Notwithstanding 6.9, no refund will be made which shall result in the retention by the City
of a sum less than the minimum permit fee payable.
Part 7
In any case wherein the ownership of the land is transferred after permit is issued, the
ownership of that permit may be transferred if the new land owner completes the permit
application form in accordance with the requirements of Part 3 of this By -law.
A fee shall be payable on an application for a transfer of permit as provided in Schedule
"A" of this By -law.
7.3 New owner permit holder upon transfer
The new owner shall, upon a transfer of a permit, be the permit holder for the purpose of
the Act and the Building Code.
REVOCATION OF PERMITS
8.1 Notice of revocation
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Part 8
Prior to revoking a permit under sub section 8(10) of the Act, the Chief Building Official
may serve a notice by personal service or registered mail at the last known address to the
permit holder.
8.2 Deferral of revocation
A permit holder may, within thirty (30) days from the date of service of a notice under this
Part, request in writing the Chief Building Official to defer the revocation by stating
reasons why the permit should not be revoked. The Chief Building Official having regard
to any changes to the Act, Building Code or other applicable law may allow the deferral,
in writing.
8.3 Fee for deferral
A request for deferral shall be accompanied by the non refundable fee therefore set out in
Schedule "A" of this By -law.
LIMITING DISTANCE AGREEMENT
9.1 Entering into an agreement
Part 9
An applicant may enter into a limiting distance agreement with the City as provided for in
Sentence (8) of Article 3.2.3.1 or in Sentence (5) of Article 9.10.14.12 of the Ontario
Building Code.
Part 10
NOTICE REQUIREMENTS FOR INSPECTION
10.1 Notice prior to each stage Chief Building Official
The permit holder shall notify the Chief Building Official or a Registered Code Agency,
where one is appointed, of each stage of construction for which a mandatory notice is
required under Article 2.4.5.1 of the Building Code. The permit holder shall provide the
notice of completion as prescribed by Section 11 of the Act, or where occupancy is
required prior to completion, notice of inspection to ensure that the requirements of Section
11 of the Act and subsection 2.4.3 of the Building Code are complied with.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
10-
In addition, the permit holder shall notify the Chief Building Official or a Registered Code
Agency where one is appointed, of the following stages of construction as required under
Article 2.4.5.2 of the Building Code:
(a) commencement of construction of the building;
(b) substantial completion of structural framing for each storey, if the building is a
type of building that is within the scope of Parts of the Building Code other than
Part 9;
(c) commencement of construction of:
(i) masonry fireplaces and masonry chimneys;
(ii) factory -built fireplaces and allied chimneys;
(iii) stoves, ranges, space heaters and add -on furnaces using solid fuels and
allied chimneys;
(d) substantial completion of interior finishes; and
(e) substantial completion of heating, ventilation, air conditioning and aircontaminant
extraction equipment.
10.2 Effective when received Chief Building Official
A notice pursuant to this part of the By -law is not effective until notice is actually received
by the Chief Building Official or the Registered Code Agency. Notice shall be deemed to
have been received when the Chief Building Official or an inspector, as the case may be,
makes a written record of the request for inspection.
10.3 Time periods inspections
Upon receipt of proper notice, the inspector or a Registered Code Agency, if one is
appointed, shall make a written record of the time notice is received and undertake a site
inspection of the building to which the notice relates in accordance with the time periods
stated in Article 2.4.5.3 of the Building Code and Section 11 of the Act.
10.4 FIRE SAFETY MATTERS
The Chief of the Fire Department, as an inspector, shall be responsible for fire safety
matters in accordance with section 2.4.4 of the Building Code, namely:
fire alarm systems;
fire detection systems;
voice communication systems;
sprinkler systems;
portable fire extinguishers;
standpipe and hose systems; and
exhaust ventilation and fire protection systems of cooking equipment in restaurants
and other commercial cooking equipment;
structural components damaged by fire or other unapproved use.
MODIFIED REQUIREMENTS
11.1 Discretion of Chief Building Official
The Chief Building Official may waive the requirements of Part 4 or Schedule "C" with
respect to any particular applications. Where the Chief Building Official exercises his
discretion as set out in this section, the requirements of this By -law are deemed to be
modified accordingly.
REPEAL ENACTMENT
12.1 Previous By -law
By -Law 2001 -58 and all of its amendments are hereby repealed.
12.2 Short title
This By -law may be referred to as the Building Permit By -law.
12.3 Schedules
The Schedules to this by -law are a part of this by -law.
12.4 Effective date
This By -law comes into force on the date passed.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: February 19, 2007
Second Reading: February 19, 2007
Third Reading: February 19, 2007
Part 11
Part 12
CLASS OF PERMIT SERVICE INDEX
/sq.ft /sq.m
1. Group A Assembly
a) School, Church, Restaurant over 30 seats,
Library, Theatre, Educational or
Recreational Facility and occupancies
of a similar nature, listed in Section 3.1.2
of the Ontario Building Code 1990, as amended.
b) Casino $2.167 $23.33
2.Group B Institutional
Hospital, Nursing Home, Reformatory,
Prison and occupancies of a similar
nature, listed in Section 3.1.2 of the
Ontario Building Code 1990, as amended.
3.Group C Residential
a) Basic minimum house less than
1,000 sq. ft, no garage
b) Average quality house under
3,000 sq. ft., with garage
c) Superior quality house over
3,000 sq. ft., with garage
d) Townhouse without garage
with garage
e) Add for finished basement in any
of the above
f) Apartment Building (low rise)
g) Apartment Building (high rise)
h) Hotel 2 storeys or less, motel
i) Hotel over 2 stories
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SCHEDULE "A"
$1.339 $14.42
$1.339 $14.42
$0.794 8.54
$0.891 9.59
$1.054 $11.34
$0.746 8.04
$0.828 8.91
$0.255 2.74
$0.670 7.21
$0.810 8.72
$0.997 $10.74
$1.339 $14.42
4. Group D Business Personal Services
5. Group E Mercantile
6. Group F Industrial
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CLASS OF PERMIT SERVICE INDEX
/sq.ft /sq.m
a) Office building, medical building, financial
institution and similar occupancies listed in Section
3.1.2 of the Ontario Building Code 1990, as amended.
a) Retail Store (Low Rise), strip plaza, restaurant with 30
seats or less, and similar occupancies, listed in Section
3.1.2 of the Ontario Building Code 1990, as amended.
b) Add for offices or apartments over the above
c) Supermarket, department store and occupancies
of a similiar nature, listed in Section 3.1.2 of the
Ontario Building Code.
d) Add for basement to any of the above mercantile uses $0.375 4.05
(a) Factory, plant, warehouse, industrial building and
occupancies of a similar nature, listed in Section 3.1.2
of the Ontario Building Code 1990, as amended:
(i) Less than 50,000 sq. ft.
Shell and exterior cladding only
(ii) 50,000 sq. ft. or greater
Shell and exterior cladding only
(b) Offices in industrial building
7. Other Permits
(a) Service station, car wash
$1.339 $14.42
$1.089 $11.73
$0.625 6.72
$0.946 $10.18
$0.530 5.71
$0.353 3.81
$0.429 4.62
$0.295 3.17
$0.997 $10.74
$0.909 9.79
(b) Air- supported structure, tent (i) Under 250 sq. m. Flat fee $75.00 (See Note 4)
(ii) 250 sq. m. or more $0.106 1.14
CLASS OF PERMIT
(c) Parking garage
(d) Accessory storage building, farm building, greenhouse
(e) Conversion of the interior of an existing building to a Casino
(f) Change of use (i) Less than 4,300 sq.ft (400 sq.m)
(ii) 4,300 sq. ft (400 sq. m), or more
(g) Foundation only
(h) Structural shell (frame) and foundation
(j) Architectural shell and foundation (see Note 6.)
(k) Demolition of a building or structure
(1) Public Pool
(m) Private Pool
(o) Miscellaneous Residential:
(i) Addition to existing dwelling
(ii) Garage
(iii) Accessory building, closed porch, solarium
(iv) Finishing basement
(v) Carport, open porch, deck
(vi) Mobile Home (CSA. certified) foundation extra.
(vii) Mobile Home (Uncertified) including foundation
(viii) Mobile Home foundation
8.Plumbing, Drains Sewers
(a) Plumbing in a single family dwelling,
motel or hotel.
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SERVICE INDEX
/sq.ft /sq.m
$0.381 4.10
$0.268 2.88
$1.085 $11.69
Flat fee $125.00
$0.340 3.50
10% of full permit fee
Flat fee
Flat fee
Plus
50% of full permit fee
67% of full permit fee
$0.021 0.22
Flat rate $350.00
Value Method
PERMIT FEE
$0.871 9.38
$0.281 3.02
$0.248 2.67
$0.255 2.74
75.00
$100.00
$0.488 5.25
$0.140 1.51
$75.00 for all plumbing
installations, including up
to seven fixtures, plus
$4.00 for each
additional fixture.
(b) Plumbing in a semi- detached, duplex
triplex and other multi family dwelling
or apartment building.
(c) Plumbing in any building or structure not
described 8(a) or 8(b) above.
(d) Water service pipe
(e) Building drain, building sewer, building
storm drain, building storm sewer,
private sewer, private drain.
(f) Manhole, catchbasin, rain water leader, area drain. $4.00 each
For the purpose of this By -law, a fixture shall be deemed to be a fixture as defined in Part
7 of the Ontario Building Code and shall also include a vent stack, floor drain, hot water
tank, appliance, grease, oil or grit interceptor and sewage ejector.
9. Minimum fees
Minimum fee for a permit classified in Sections 1. to 7., inclusive, in this Schedule is
$75.00. Minimum fee for a permit classified in Section 8. in this Schedule is $75.00.
10. Miscellaneous fees
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PERMIT FEE
$75.00 for all plumbing
installations, of up to
seven fixtures, in each
unit, plus $4.00 for each
additional fixture
$75.00 for all plumbing
installations, of up to
seven fixtures, in each
unit, plus $4.00 for each
additional fixture
$20.00 per run.
$75.00 for the initial 150
feet of pipe, or portion
thereof, plus $15.00 for
each additional 50 feet
of pipe
(a) Transfer of permit to new owner 10% of original fee
min. 75.00
(b) Extension of revocation date of permit Flat fee $80.00
(c) Conditional Permit Agreement (i) Registered on Title $250.00 min.**
(ii) Unregistered $120.00 min.**
The fee for a Conditional Permit Agreement (CPA) shall be based on the full permit fee. Where
the permit fee is $2,000 or less, the CPA. fee shall be 10% of the permit fee with a minimum
of $110.00. Where the CPA fee is more than $2,000, the CPA shall be 20% of the full permit
fee and in the event that the CPA is complied with, in full by the due date, then 50% of the CPA
fee will be refunded upon completion.
11. Unclassified Construction
-16-
For categories of construction not listed herein the permit fee shall be $70.00 for the initial
$5,000.00 of valuated cost, or portion thereof, plus $10.00 for each additional $1000.000 of
valuated cost, or portion thereof, with a minimum fee of $75.00.
12. Special Inspections
(a) Authorization of Occupancy of an Unfinished Building The fee shall be $60.00 per hour
of inspection time during regular business hours and $82.00 per hour of inspection time at
any other time with a minimum fee of $240.00 on weekends or holidays.
(b) Non routine Inspection (refer to Note 5, below) the fee shall be $60.G0 flat fee.
(c) Requested Inspection outside of Regular Business Hours The fee shall be $90.00 per hour
of inspection time with a minimum fee of $240.00 on weekends or holidays.
13. Sewage Disposal Systems
(1) Installation of Sewage System
(a) Less than 10,000 litres per day including major repair
(b) Less than 10,000 litres per day involving minor repair
(c) Holding Tank
(d) Winery Waste Holding Tank to complement new system)
(e) Winery Waste Holding Tank (stand alone)
(f) Repair Tank only
(2) Land Severence Niagara Escarpment Commission Applications
(a) Each parcel severed
(b) Each parcel retained
(3) Subdivision Condominium Applications
(a) Each lot or unit
NOTE: The above fees apply only to those lots serviced by private sewage systems.
Fee
$802.50
$401.25
$802.50
$401.25
$401.25
$401.25
$250.00
$250.00
$250.00
(4) Special requests
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(a) For preliminary site inspections related to proposed lot
development, where no other application has been made.
NOTE: Standard application fees will be reduced by
this amount if made within one year.
(5) Real Estate Enquiries which include site inspections
(a) Initial fee
(b) Each additional hour, or part thereof, over two hours
(c) Real Estate Enquiries which include existing file search only
(6) Minor Variance
(7) Disinterment
(a) Initial Fee
(b) Each additional hour or part thereof
14. Basis of Fees
The minimum permit fee for all categories of construction is $75.00.
15. Construction or Installation prior to Permit Issuance
16. Fast Track Service
Fee
$200.00
(b) For routine non- Part 8 inspections after business hours. $240.00
$321.00
$107.00
$133.75
$250.00
$100.00
$100.00
Except as specified otherwise, the permit fee shall be determined by multiplying the Service
Index, for each category listed in Sections 1 to 7, inclusive by the Gross Floor Area of the
applicable building, to determine the permit fee.
Gross Floor Area means the total area of all floors in a building, including a finished basement,
measured between the outside surface of exterior walls or between the outside surface of exterior
walls and the centre line of a fire wall or party wall. (See Notes 1 2 below) In the case of a new
house, the area of an attached garage is not included in the calculation.
Notwithstanding the fees listed above, where construction or installation has commenced or
occurred prior to the issuance of a permit, the fee, or minimum fee, as the case may be, shall be
double the amount listed above for the category of construction or installation.
Notwithstanding the fees set out in Sections 1 to 12, above, at the request of an applicant for Fast
Track Service, the appropriate fee shall have a premium of 50% added, where Fast Track Service
is made available by the City.
NOTES
1 8-
1. Where there is no floor or exterior walls for the project on any storey, or part thereof, the
floor area for that storey, or floor, shall be included as part of the Gross Floor Area, and
shall be the greatest horizontal area of the structure, on that storey or floor.
2. There are no deductions from the gross floor area for openings such as stairs, elevators,
shafts, ducts, etc.
3. Major occupancy for each class of permit is based upon the Ontario Building Code.
4. Where a tent or air supported structure has a permanent foundation then an additional
permit fee shall be payable, based on the value of construction of such foundation.
5. The Non routine Inspection Fee is applied where it is necessary to repeat a requested
inspection, because the work was not ready, or incomplete, after a second inspection.
6. The Architectural Shell, for the purpose of this By -law, means the frame of a building
including the roof, exterior cladding and open interior walls with no interior finishes.
-19-
SCHEDULE `B"
Application for Change of Use, Transfer of Permits and Occupancy Permits
Application for a Permit:
Partial Occupancy Unfinished Building
Transfer of Permit Ownership
Change of Use No Construction
For use of Municipality Authority
Application Number:
Permit Number (if different): Date Received (yyyy /mm/dd): Roll Number:
A) Purpose of Application
Partial Occupancy Unfinished Building Change of Use No Construction
Transfer of Permit Ownership
Proposed use of building:
Current use of building (if applicable):
Description of work:
B) Applicant Information Applicant is:
The owner: or, the authorized agent of the owner.
(If corporation or partnership, name of person applying on its behalf)
C) Owner Information (if different from applicant)
(If corporation or partnership, name of person applying on its behalf)
Last Name, First Name, Middle Initial, Last Name, First Name, Middle Initial,
Corporation or Partnership (if applicable), Corporation or Partnership (if applicable),
Full Address, Full Address, Building Number, Street Name, Unit Number, Lot /con.,
Building Number, Street Name, Unit Number, Lot/con., Municipality, Province, Postal
Code, Country, Municipality, Province, Postal Code, Country.
Telephone, Fax Number (optional), Cell Number (optional), Telephone, Fax Number
(optional), Cell Number (optional).
D) Former Owner (Transfer of Permit)
E) Project Information (Full Address of Project)
Last Name, First Name, Middle Initial, Building Number, Street Name, Unit
Number, Lot/con., Corporation or Partnership (if applicable), Municipality, Province,
Postal Code, Full Address, Plan Number, Lot/Parcel Number, Building Number, Street
Name, Unit Number, Lot/con., Other Location Information describe area to be occupied
Municipality, Province, Postal Code, Country.
Telephone, Fax Number (optional), Cell Number (optional).
F) Permit Via, Mail To, Pick Up By, Applicant, Owner, Authorized Agent.
G) Building Designer /Architect/Professional Engineer
Name
Telephone Number
Fax Number
-20-
H) Declaration of applicant
I certify that:
(Print Name)
1. The information contained in this application, attached schedules, attached plans and
specifications, and other attached documentation is true to the best of my knowledge.
2. I have authority to bind the corporation or partnership (if applicable).
(Date) (Signature of Applicant)
Personal information contained in this form and schedules is collected under the authority of
subsection 8(1.1) of the Building Code Act, 1992.
Questions about the collection of personal information may be addressed to the Chief Building
Official of the Municipality of Niagara Falls.
-21-
SCHEDULE "C"
SCHEDULE OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS REQUIRED FOR
CONSTRUCTION, DEMOLITION, AND CHANGE OF USE PERMITS.
1.0 Two sets /copies ofthe following list of drawings, specifications and documents are required
to be submitted in order for the various types of Building Permit Applications listed to be
considered a complete application pursuant to section 2.4 of the Building Code Act, 1992
as amended:
(a) Demolition (Full or partial)
(i) Proof of those arrangements have been made with the proper authorities for the
cutting off and plugging of all water, sewer, gas, electric and telephone or other
utilities and services.
(ii) Description of the structural design characteristics of the building and method of
demolition prepared by a professional engineer where deemed necessary by the
Chief Building Official (OBC Part 2).
(iii)Where a building is designated under the Heritage Act, approval must be obtained
from Heritage Niagara LACAC.
(b) On -Site Sewage System
(i) Site Evaluation Report prepared by a professional engineer including soil
permeability, and soil conditions, including the potential for flooding.
(ii) Site plan (property survey) and/or and lot grading /drainage and servicing plan.
(iii)Sewage system design and drawings (prepared by a professional engineer).
(c) Residential Deck or Porch Permit
(i) Approved zoning certificate (including approved drawings)
(ii) Site plan (property survey)
(iii) Floor plan (framing)
(iv) Elevation(s)
(v) Cross section and detail of guards
(d) Residential Accessory Buildings
(i) Approved zoning certificate (including approved drawings)
(ii) Site plan (property survey)
(iii) Foundation plan/eng. floor slab
(iv) Floor plan (one per floor include framing)
(v) Building elevations (min. 4)
(vi) Building section (min. 1)
(e) Residential Addition or Renovation Permit
(i) Approved zoning certificate (including approved drawings)
(ii) Site plan (property survey)
(iii) Foundation plan
(iv) Floor plan (one per floor include framing)
(v) Building elevations (min. 3)
(vi) Building section (min. 1)
(vii) Private sewage system evaluation where applicable
(f)
(g)
(h)
(i)
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New Residential House or Semi Detached
(i) Approved lot grading, drainage and servicing plan
(ii) Approved zoning certificate (including approved drawings)
(iii) TARION (ONHWP) registration form
(iv) Where applicable, a complete on -line sewage system permit application
(v) Site plan (property survey)
(vi) Floor plan (one per floor)
(vii) Floor and roof framing plans /truss specifications sealed by Professional
Engineer
(viii) Building elevations (min. 4)
(ix) Building section (min. 1)
(x) Mechanical ventilation form
(xi) Heat loss heat gain calculations and furnace make /model
New Residential Townhouse or Tri -plex
(i) Approved lot grading, drainage and servicing plan
(ii) Approved zoning certificate (including approved drawings)
(iii) Approved Site Plan (agreement and drawings)
(iv) TARION (ONHWP) registration form
(v) Floor plan (one per floor)
(vi) Floor and roof framing plans
(vii) Building elevations (min. 4)
(viii) Building section (min. 1)
(ix) Mechanical ventilation form
(x) Heat loss heat gain calculations and furnace make /model
New Residential Apartment Building
(i) Approved lot grading, drainage and servicing plan
(ii) Approved zoning certificate (including approved drawings)
(iii) Approved Site Plan (agreement and drawings)
(iv) Geotechnical Investigation Report (2 copies)
(v) Site plan (property survey)
(vi) Floor plan (one per floor)
(vii) Foundation plan and details (include de- watering shoring
where applicable)
(viii) Floor and roof structural plans
(ix) Building elevations
(x) Building sections
(xi) Window door hardware schedules
(xii) Room finish schedules
(xiii) Mechanical drawings (plumbing and HVAC)
(xiv) Electrical drawings (lighting, fire alarm system)
(xv) Sprinkler shop drawings if applicable
(xvi) Standpipe shop drawings if applicable
New Non Residential Building or Addition (Part 3 or 9 Building)
(i) Approved lot grading, drainage and servicing plan
(ii) Approved zoning certificate (including approved drawings)
-23-
(iii) Approved Site Plan (agreement and drawings)
(iv) Geotechnical Investigation Report (2 copies)
(v) Site plan (property survey)
(vi) Floor plan (one per floor)
(vii) Foundation, framing and roof plans
(viii) Building elevations
(ix) Building section (min. 1)
(x) Window schedule
(xi) Door hardware schedule
(xii) Wall sections and/or details
(xiii) Mechanical plans (plumbing HVAC)
(xiv) Electrical plans (general lighting, emergency /exit lighting, and fire alarm
system)
(xv) Automatic sprinkler and standpipe drawings where applicable
(xvi) Private sewage system evaluation where applicable
(j) Non Residential Renovation (Part 3 or 9 Building)
(i} Site plan (property survey), and/or key plan
(ii) Floor plan(s)
(iii) Door, hardware and partition schedule
(iv) Building elevations if exterior work proposed
(v) Building section if exterior work proposed
(vi) Mechanical plans (plumbing HVAC) where applicable
(vii) Electrical plans (lighting, fire alarm system) where applicable
(k) Designated Structures
The following plans prepared and stamped by a registered Architect or Professional
Engineer;
(i) Approved lot grading, drainage and servicing plan
(ii) Approved zoning certificate (including approved drawings)
(iii) Site plan (property survey)
(iv) Floor plan and roof plan (where applicable)
(v) Elevations (where applicable)
(vi) Sections and details (where applicable)
(1) Commercial Exhaust Hood (NFPA 96)
(i) Floor plan
(ii) Mechanical plan, details and section
(m) Electro- Magnetic Locking Devices
(i) Floor plan
(ii) Electrical plan, details of inter -face with fire alarm system
(n) Plumbing or Backflow Prevention Device
(i) Floor plan/Plumbing layout
(ii) Where applicable, a company letter describing proposed work
2.0 Unless otherwise specified by the Chief Building Official plans or working drawings
showing and detailing the following information shall accompany all building permit
applications: A building permit application is not complete until such plans are attached to
it.
-24-
2.1 The site plan (property survey) drawing shall show:
(a) Survey property boundaries and dimension, all building lines, bearing of metes and
bounds and compass orientation (legal description),
(b) The location, use, height and dimensions of any existing and proposed buildings
including, but not limited to front, side, and rear yard dimensions and relationships to
adjoining property lines, condominium corporation lines and buildings, common
element lines (where applicable),
(c) Relation of buildings and finished grade to existing elevations and storm water
drainage control plan on site where applicable,
(d) All existing and proposed parking layouts, retaining walls, swimming pools, accessory
buildings and any other such physical additions necessary to the site.
2.2 The lot grading, drainage and servicing plan(s) shall show:
(a) The property lines, building location, sidewalks, driveways, curb cuts, swales, all
utility services and new /existing service connections,
(b) Existing and proposed spot elevations for this project and adjacent properties, slopes
of driveways, sidewalks and swales, direction of drainage flow,
(c) Location of storm water catchment area, catch basins, below grade and above grade
utilities and connections into services at property line.
2.3 The architectural drawings shall show:
(a) OBC matrix, foundation and grade details,
(b) Each floor plan with exact dimensions of the layout of all proposed areas and identify
each with room names,
(c) All wall thickness and type of construction, window and door openings and schedules,
elevator, sections and details of all walls, stairs and exits, fire walls, fire separations,
shaft and duct openings and other related pertinent information,
(d) Building elevations, cross sections and wall sections showing all floor to floor heights,
materials and thickness, etc.,
(e) Specifications where applicable.
2.4 The structural drawings shall show:
(a) All foundation, floor, roof and wall structural elements indicating sizes, shapes and
proper locations, and all dead and live design loads and conditions of loading,
(b) All reinforced concrete work indicating thickness and strength of concrete, size
spacing minimum cover and type of reinforcing steel,
(c) All lintels, column and beam locations and their size and snowdrift loading,
(d) Where applicable de- watering report and shoring or pile driving.
(e) Flow Control Roof Drainage Declaration to be completed.
(f) Specifications where applicable.
2.5 The mechanical and electrical drawings shall show:
(a) Mechanical drawings are to show the plumbing, heating, ventilation and air
conditioning including legends and schedules for compliance with the OBC. For Part
9 buildings, if room allows this information can be shown on the same plan as the
architectural,
-25-
(b) Electrical drawings are to show lighting, emergency lighting, exit signs, fire alarm
systems and their legends and schedules for compliance with the OBC. For Part 9
buildings, if room allows this information can be shown on the same plan as the
architectural,
(c) Sprinkler and standpipe drawings are to include floor plans and riser diagrams to
locate the entire system including connections, sprinkler heads.
(d) Specifications where applicable.
2.6 The on -site sewage system report shall include the following:
(a) The name, mailing address and telephone /fax numbers of the person who prepared
the report and the system installer,
(b) The date the evaluation was complete,
(c) The provincial sewage system installer's registration number, date of issuance, and the
name of the qualified person supervising the work to be done under the permit,
(d) A scaled map of the site showing;
(i) Legal description, lot size, property dimension, existing rights -of -way, easements
or municipal /utility corridors,
(ii) The locations of items listed in Column 1 of Tables 8.2.1.6.A, 8.2.1.6.B and
8.2.1.6.0 of the Building Code,
(iii)The location of the proposed sewage system,
iv)The location of any unsuitable, disturbed or compacted areas, and
(v) The proposed access routes for system maintenance.
(e) Soil investigation including;
(i) Depth to bedrock,
(ii) Depth to zones of soil saturation,
(iii)Soil properties and permeability,
(iv)Potential for flooding
2.7 The following supporting documentation shall accompany applications for a permit unless
otherwise waived by the Chief Building Official:
(a) Real property report (survey plan) prepared by an Ontario Land Surveyor,
(b) Driveway access and road occupancy permit approved by the authority having
jurisdiction as may be applicable,
(c) Approval by the Ministry of the Environment for the design and construction of a
private sewage disposal and water supply systems where applicable,
(d) Approval by the Niagara Regional Health Department for onsite private sewage
disposal system less than 10,000 liters per day
(e) Such other approvals as may be required to demonstrate compliance with "applicable
law
-26-
SCHEDULE "D"
THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY -LAW
Additional Forms:
1) Confirmation of Commitment Form
2) Building Analysis Form
3) Schedule 1: Designer Information
4) Certificate of Design and Manufacturing Conformance for the Steel Building System.
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to designate a portion of Block 54, Registered Plan 59M -251, not be subject to part-lot
control.
WHEREAS subsection 50(7) of the Planning Act, R.S.O. 1990, provides, in part, that the council
of a local municipality may by by -law designate lands that would otherwise be subject to part -lot
control, not be subject to such part-lot control;
AND WHEREAS such by -laws are required under subsection 50(7.1) of the Planning Act to be
approved by the appropriate approval authority, that being The Regional Municipality of Niagara as
per subsection 51(5) of the Planning Act, subsequently delegated to the City of Niagara Falls by
Regional Municipality of Niagara By -law No. 8819 -97;
AND WHEREAS the division of the said land would allow the resulting two parcels to be combined
with the two abutting blocks in the subdivision (Blocks 43 and 44, 59M -251);
AND WHEREAS the Council of The Corporation of the City of Niagara Falls deems it expedient
to designate that the said land not be subject to part-lot control.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That subsection 50(5) of the Planning Act, R.S.O. 1990, not apply to the portion of Block
54, Registered Plan 59M -251, described as Parts 1 and 2 on Reference Plan 59R- 11334, in the City
of Niagara Falls, in the Regional Municipality of Niagara.
2. This by -law shall remain in full force and effect for two years from the date of passage of this
by -law, after which time this by -law shall expire and be deemed to be repealed and of no effect.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 19, 2007
February 19, 2007
February 19, 2007
Passed this nineteenth day of February, 2007.
First Reading:
Second Reading:
Third Reading:
February 19, 2007.
February 19, 2007.
February 19, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007-
A by -law to declare surplus Part 1 on Reference Plan 59R -1568, being land owned by The
Corporation of the City of Niagara Falls and to authorize that public notice be given of the said Part
being declared suplus and be offered for sale at a later date.
WHEREAS The Corporation of the City of Niagara Falls is the owner of the lands as shown on
Schedule "A" attached;
AND WHEREAS the land is no longer required by the City and it is deemed desirable to declare the
land surplus to the City's needs;
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. That the land, being Part Township Lot 56 Stamford, in the City of Niagara Falls, in the
Regional Municipality of Niagara and designated as Part 1 on Reference Plan 59R -1568 be
declared surplus.
2. That notice shall be given to the public in the Niagara Falls Review of the said Part being
declared surplus and and being offered for sale at a later date.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
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A by -law to authorize a Transfer from The Corporation of the City of Niagara Falls to The Niagara
Parks Commission Part 8 on Reference Plan 59R -4660.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. A Transfer from The Corporation of the City of Niagara Falls to The Niagara Parks
Commission, of Part 8 on Reference Plan 59R -4660, is hereby approved and authorized.
2. The Mayor and Clerk are hereby authorized to execute the Transfer and all other
documents that may be required for the purpose of carrying out the intent of this by -law.
3. The City Solicitor is hereby authorized to take all necessary steps to carry out the intent of
this by -law.
4. The Clerk is hereby authorized to affix the corporate seal thereto and to deliver such
documents.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R.T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 19, 2007.
February 19, 2007.
February 19, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
CITY OF NIAGARA FALLS
By -law No. 2007
Being a by -law to provide for citizen appointments to certain Boards, Commissions and Committees.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
1. Arts Culture Committee
That Karen Akalu, John Albanese, Laurie Crain -Anez, John M. Harkness, Philomena
McCracken, Mark Matthews, Michal Pasco, Daniel Rodrique, Dr. Shalini Shahani, Brian
Smylski, George Vallo, and Cheryl Wyllie be appointed.
2. Committee of Adjustment
That Chuck Antonio, Mark Cahill, Jack Collinson, Sam Iorfida and Guy Prata be appointed.
3. Court of Revision
That David Bartram, Edward Kearns and Rudy Mascarin be appointed.
4. Fence Viewers
That Garry Beck, Jacob (Jake) Hiebert and Rudy Mascarin be appointed.
5. Municipal Heritage Committee
That Donald F. Ede, David Fotheringham, Rashad Hindi, Margaret Mingle, April Petrie,
Kathleen Powell and Sharon Shearing be appointed.
6. Niagara Falls Board of Museums
That Tony Caruso, Margaret Dunn, Dino Fazio, John M. Harkness, Marie E. Henry, Don
Jackson, Margaret Mingle, Daniel Rodrique, Gord West be appointed.
7. Niagara Falls Public Library Board
That Carman Dix, Nancy Eidt, Dino Fazio, Michael Boris Kloss, Blake McIntyre, Renni
Piscitelli, Guy Prata and Dr. Ken Smith be appointed.
8. Park in the City Committee
That Frances Berry, Arlie DeGiuli, Frank Fohr, Janet Hassall, Paisley Janvary -Pool, J. Gus
Koroneos, Pat Mascarin, Eloise Marie Schumacher, Navin Shahani and Venna Shahani be
appointed.
9. Property Standards Committee
That John Anstruther, Sam LaRosa Anna Lee and Joe Talarico be appointed.
10. Recreation Committee
That Paul Campigotto, Dan Cummings, Rob Deguili, Enzo Della Marca, Donald Jackson,
Paisley Janvary -Pool, Patricia Mascarin, Glen Mercer, Rich Merlino, Delphina Pietrangelo
Joe Talarico, and Mick Wolfe be appointed.
11. Trails Bikeway Committee
That Tommy Anello, Martin Berzins, Tony Caruso, Pat Chivers, Dean Cruikshank, Harvey
Gordon, Kelly Dickenson, Deborah Kidd, Glen Mercer, Judy Quagliariello, Robert Romanuk
and Lisa Wilson be appointed.
12. That the aforementioned appointments are for the 2007 2010 term.
13. That by -laws 2004 -119, 2004 -166, 2004 -205, 2005 -41 and 2006 -22 are hereby repealed.
14. That this by -law shall come into force on the day upon which it is passed.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading: February 19, 2007.
Second Reading: February 19, 2007.
Third Reading: February 19, 2007.
CITY OF NIAGARA FALLS
By -law No. 2007
A by -law to adopt, ratify and confirm the actions of City Council at its meeting held on the 19 day
of February, 2007.
WHEREAS it is deemed desirable and expedient that the actions and proceedings of Council as
herein set forth be adopted, ratified and confirmed by by -law.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
NIAGARA FALLS ENACTS AS FOLLOWS:
1. The actions of the Council at its meeting held on the 19 day of February, 2007 including
all motions, resolutions and other actions taken by the Council at its said meeting, are hereby
adopted, ratified and confirmed as if they were expressly embodied in this by -law, except
where the prior approval of the Ontario Municipal Board or other authority is by law required
or any action required by law to be taken by resolution.
2. Where no individual by -law has been or is passed with respect to the taking of any action
authorized in or with respect to the exercise of any powers by the Council, then this by -law
shall be deemed for all purposes to be the by -law required for approving, authorizing and
taking of any action authorized therein or thereby, or required for the exercise of any powers
thereon by the Council.
3. The Mayor and the proper officers of the Corporation of the City of Niagara Falls are hereby
authorized and directed to do all things necessary to give effect to the said actions of the
Council or to obtain approvals where required, and, except where otherwise provided, the
Mayor and the Clerk are hereby authorized and directed to execute all documents arising
therefrom and necessary on behalf of the Corporation of the City of Niagara Falls and to affix
thereto the corporate seal of the Corporation of the City of Niagara Falls.
Passed this nineteenth day of February, 2007.
DEAN IORFIDA, CITY CLERK R. T. (TED) SALCI, MAYOR
First Reading:
Second Reading:
Third Reading:
February 19, 2007.
February 19, 2007.
February 19, 2007.