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2001/12/03COMMUNITY' SERVICES COMMI~EE AGENDA 1) MEETING Monday, December 3, 2001 From 5:30 p.m. to 6:00 p.m. City Hall, Committee Room #2A & B Approval of the 2001 10 29 Community Services Committee Minutes 2) a) REPOR TS: BBS-2001-32 - 6740 Fallsview Boulevard Variance to Sign By-law No. 6661, as amended BBS-2001-30 - Bill 124 MW-2001-163 - Assumption and Dedication of Par of St. Mary's, Part 4, Plan 59R-6007 Staff Contact: Mel Brown Mel Brown Ed Dujlovic 3) ADJOURNMENT: · The City of Niagara Falls (i~1~ I - Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca BBS-2001-32 Mel Brown, Director December 3, 2001 Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re-' BBS-2001~32, 6740 Fallsview Boulevard Variance to Sign By-Law No 6661, as amended. RECOMMENDATION: That Council approve a variance to Sign By-Law No. 6661, as mended, to permit a wall sign with an area of about 410 square feet to be erected on the Marriott Hotel extension at 6740 Fallsview Boulevard. BACKGROUND: The Sign By-Law stipulates that a wall sign may occupy up to 25% of the area of the face of a building, but may not exceed 150 square feet without the prior approval of Council. This wall sign exceeds that amount, but occupies less than 10% of the area of the wall on which it is proposed to be installed. It is commensurate with other such signs on other buildings in the vicinity. R~commended by: Mci Brown Director of Building and By-law Services Approved by: Attach. Respectfully Submitted: Edward P. Lustig Chief Administrative Officer }Forking Together to Serve Our Community Municipal Works · Fire Services · Parks, Recreation & Culture · Business Development · Building & By-law Services The City of Niagara Canada Community Services Department Building and By-law Services 4310 Queen Street Niagara Falls, Ontario L2E 6X5 BBS-2001-30 Mel Brown, Director Tel: (905) 356-7521 Fax: (905) 374-7500 E-mail: melb@city.niagarafalls.on.ca December 3, 2001 Alderman Victor Pietrangelo, Chair and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: BBS-2001-30 Bill 124 RECOMMENDATION: For the information of Council BACKGROUND: The above Bill, which received first reading in the Ontario Legislature on November 1, 2001, is entitled "An Act to improve public safety and to increase efficiency in building code enforcement." It involves some significant changes to the Building Code Act and the Planning Act and could have a dramatic effect on the municipal operations involving permit issuance, plan examination, building inspection and the enforcement of the ontario Building Code. This legislation was developed in response to concerns expressed over the years, by the development and construction industry, over the perceived level of service and the amount of time that it took to get the necessary planning and site plan approvals and, ultimately, a building permit for a construction project. Under the existing legislation, a municipality is required to appoint a chief building official and such inspectors as are necessary to enforce the Building Code Act and the Ontario Building Code and all plan examination, inspection and enforcement is performed by city staff, who report to the Chief Building Official of the City. The above Bill would create a new entity referred to as a "Registered Code Agency"which, subject to municipal approval, would be able to perform the same code enforcement flmctions as city staff, either for the municipality or for an applicant for a building permit. In such a case a chief building official would still be required to issue a permit but there would be no further municipal involvement or control, on that project, fi.om a building code aspect. }Forking Together to Serve Our Community Municipal Works * Fire Services · Parks, Recreation & Culture · Business Development · Building 8, By-law Services -2- BBS-2001-30 Registered code agencies would be required to meet certain qualifications (as yet unspecified) and would be required to be covered by insurance in an mount yet to be determined. Fees for permits would have to reflect the cost, to the municipality, of the service provided in the administration and enfomement of the building code, and these would have to be proportionately reduced if a registered code agency were involved, as above. An annual report would have to be submitted with regard to fees and costs and a public meeting would have to be held before permit fees could be amended. Timelines would be set in the regulations for approval of plans after a permit application has been accepted and various stages of inspection will be mandated. Chief building officials and inspectors would be subject to a code of conduct and there would also be requirements, to be specified at a later date, for designers, builders, manufacturers and registered code agencies. The proposed Act would also require a chief building official, inspectors and other relevant municipal personnel to have the qualifications set out in the regulations to follow. Designers and other persons performing various functions related to construction would also have to be appropriately qualified. The construction and development industry, Association of Municipalities of Ontario, Professional Engineers of Ontario, Ontario Architects Association, Consumers Association, Ontario Building Officials Association, Ontario & Greater Toronto Homebnilders Associations are amongst the organizations that have been consulted in the development of this legislation. There are many positive aspects to this legislation, but of particular concern is the proposal that would allow a registered code agency to provide plan examination and inspection services directly to a builder without the involvement of a municipality. The municipality has always fulfilled a neutral role as the 'disinterested third party' in the administration and enforcement of the building code and this would not be the case in the above situation. Accordingly, objectivity may not always be maintained when the enforcer is also the employee. In this type of situation, there is also a potential for the municipality to accrue additional liability and cost, loss of revenue, problems with determination ofstaffmg levels and a deterioration in labour-management relations. In the event that a registered code agency withdrew fi.om a project or otherwise became ineligible, the chief building official of the municipality would be required to take over a project which, at that point may be tainted or defective. There is, however, some merit in the ability of a municipality to be able to engage the services of a registered code agency, reporting directly to the chief building official, to perform work in times of intense activity to maintain continuity or on unique specialized projects beyond the expertise of municipal staff. -3- BBS-2001-30 It should also be noted that the concerns about the time taken includes the full development cycle conunencing with the acquisition of land to the completed building/s, possibly including the emire planning process of official plan amendment, zoning amendment, environmental study, site plan and/or subdivision agreement, all of which have to be completed prior to the application for, and issuance of a building permit. This legislation does little or nothing to affect or shorten this process. It is expected that this bill will receive second reading before the end of this year and proceed to the committee and consultation stage over the winter. A further report will be forthcoming after the second reading of this Bill, if it proceeds to that stage. This will allow Council to take a position and to comment on this legislation during the consultation stage, prior to third reading and final passage. Recommended by: Mel Brown /ir' ~ Director of Building and By-law Services Approved by: ~;;~)°l'nrea~tdor of Community Services Respectfully Submitted: Edward P. Lustig Chief Administrative Officer The City of ~~Niagara FallsI Community Services Department Municipal Works 4310 Queen Street P.O. Box 1023 Niagara Falls, ON L2E GX§ web site: www. city. niagarafalls.on.ca Tel: (905) 356-7521 Fax: (905) 356-2354 Ed Dujlovic, P. Eng. Director MW-2001-163 December 3,2001 Alderman Victor Pietrangelo, Chairperson and Members of the Community Services Committee City of Niagara Falls, Ontario Members: Re: MW-2001-163 Assumption and Dedication of Part of St. Mary's Street Part 4, Plan 59R-6007 RECOMMENDATION: It is recommended that the City consider and approve a by-law assuming the existing roadway across the frontage of the existing lot at 6025 St. Mary's Street and dedicating the property as a Public Highway. BACKGROUND: The City of Niagara Fails Municipal Works staff have been working at the request of Mr. & Mrs. Alex Kostiuk to acquire the lands that are currently being used as a municipal roadway across the frontage of their lot at 6025 St. Mary's Street. The 50' x 55' parcel of land described as Part 4 on Plan 59R-6007 are owned by 820872 Ontario Ltd. Development Section staffhas been discussing the owners plans to redevelop the vacant lands in this area and hoped to have accommodated the Kostiuk's request through the site plan process. It appears that the Thorold Stone Mall expansion plans have been somewhat delayed and as a result it is necessary to finalize this arrangement so that the Kostuiks' have legal access to the roadway. It is the position of Municipal Works staff and that of the City Solicitor that the property can be assumed and dedicated as Public Highway on the basis that the City has constricted and routinely maintained this roadway in the past. Similar precedent (ie Lyon's Creek Parkway) exists and was dealt with in the same manner. Working Together to Serve Our Community Municipal Works Fire Services Parks, Recreation & Culture Business Development Building and By-Laws 2001-12-03 -2 - Council's consideration of this recommendation is appreciated. MW-2001-163 Geoff Holman Manager of Development Recomm,en/~ed by: Ed Dujlovic, P.Eng. Director of Municipal Works R~ly SubmitteaLh.y.~ Edward P. Lustig // Chief Administrative Officer~ : Approved by 0