Item - 2018.LS27.2

The Licensing and Standards Committee recommends that:

New By-law

1.  City Council establish a Toronto Municipal Code Chapter for dust that is applicable to residential construction.

2.  City Council direct that every person engaging in, permitting, or directing construction activities on residential properties shall comply with the provisions of the Chapter, as set out in the recommendations of the report (June 27, 2018) from the Executive Director, Municipal Licensing and Standards.

3.  City Council mandate that the Dust By-law does not apply to necessary municipal work, work occurring on commercial and industrial properties, and construction of a multi-residential building, subdivision, or mixed-use development.

4.  City Council mandate that the Dust By-law does not apply to residential demolition projects that have approved demolition permits.

Preventative Measures

5.  City Council direct that the Toronto Municipal Code Chapter for dust include the following:

a.  no person shall cause or permit dust, or direct or cause a person to make dust, occurring as a result of residential construction activities that escapes from a residential property where the construction activity occurs and enters another premises;

b.  it is an offence for any person to take any action or fail to take any action that would result in dust under 5a; and

c.  the above does not apply where reasonable preventative measures were taken to prevent dust from escaping a residential property including one, or a combination of, the following dust control measures to the satisfaction of the Executive Director, Municipal Licensing and Standards:

i.  wetting the construction material;

ii.  using a wet saw;

iii.  using dustless saw technology;

iv.  tarping or otherwise containing the source of dust;

v.  installing wind fencing or a fence filter;

vi.  using a vacuum attachment when cutting; or

vii.  any other preventative measure deemed by the Executive Director, Municipal Licensing and Standards, to be adequate in the mitigation of dust escaping a residential property based on the nature of the activity.

Implementation

6.  City Council direct that the proposed Dust By-law come into effect on September 4, 2018.

Definitions

7.  City Council define a commercial property as any property within the municipality which is zoned for commercial use by an applicable Zoning By-law or which is used in whole or in part for commercial use.

8.  City Council define construction equipment as any equipment or device designed and intended for use in construction or material handling, including, but not limited to, hand tools, power tools, pneumatic or hydraulic tools, or other material-handling equipment.

9.  City Council define dust, for the purpose of this By-law, as solid particles which may become or be airborne as a result of residential construction activities, including, but not limited to, trimming, blasting, drilling, crushing, grinding, sawing, screening, cutting, altering or moving of clay, mortar, stone, rock, stucco, concrete, tile, and insulation.

10.  City Council define industrial property as any property within the municipality which is zoned for industrial use by an applicable Zoning By-law or which is used in whole or in part for industrial use.

11.  City Council define multi-residential as the following:

a.  land used for residential purposes that has seven or more self-contained units located on it; and

b.  vacant land principally zoned for multi-residential development.

12.  City Council define necessary municipal work as construction, rehabilitation, or maintenance processes using construction equipment conducted by, or on behalf of, the City, the Province of Ontario, the Government of Canada, or any of their respective agencies or agents.

13.  City Council define premises as a property, multi-residential, or mixed-use building, or a part of a property, multi-residential, or mixed-use building owned or occupied by any person, including a corporation.  

14.  City Council define residential construction as anything to do in the erection, installation, extension, or material alteration or repair of a residential property, including decorative stonework, retaining walls, and walkways.

15.  City Council define residential property as the land, a building, or structure used, capable of being used, designed, or intended for residential use, excluding a multi-residential building.  

Administrative Matters

16.  City Council direct that the new Toronto Municipal Code for residential construction dust provide the following, consistent with authority under the City of Toronto Act, 2006:

a.  that the maximum fine amount is $100,000;

b.  establish special fines where it is determined that the conduct could have resulted in economic advantage or gain to the party found to have breached the By-law;

c.  create an offence for failing to comply with a notice of violation or other order or direction made under the By-law;

d.  establish that directors or officers of a corporation knowingly concurring in the contravention of any offence under the By-law by the corporation are guilty of an offence; and

e.  specify the authority of the City to enter on land to carry out an inspection to determine compliance with the By-law, a notice of violation or other direction or order of the City, or a direction or order made under a By-law.

17.  City Council request the Executive Director, Municipal Licensing and Standards, to work with other City divisions, such as Toronto Building and Toronto Public Health, to create a comprehensive and consistent Dust Control By-law that covers all instances where dust may trespass onto one property from another and report back to the Licensing and Standards Committee and other appropriate Standing Committees.

18.  City Council request the Chief Building Official and Executive Director, Toronto Building, and the Executive Director, Municipal Licensing and Standards, to forward the guidelines in the City of Toronto's "The Good Neighbour Guide for Residential Infill Construction" and information about the By-law to regulate residential construction dust, as adopted by City Council, to the Toronto Construction Association, the Laborers' International Union of North America (LiUNA) Canada Locals 183 and 506, the Building Industry and Land Development Association (BILD), Ras-Con, and other organizations they deem appropriate.

As directed by City Council in PG10.1, Strategy for Minimizing the Negative Impacts of Residential Infill Construction Activity, this report recommends the creation of a By-law to aid in the mitigation of dust created by residential construction activities.

The proposed By-law would make it mandatory for every person engaging, directing, or permitting residential construction activities to take reasonable measures to mitigate the creation of dust and its impact on neighbouring properties. The By-law would require that specific actions be taken in order to minimize the generation and distribution of dust. These measures may include using a wet saw, dustless saw technology, a vacuum attachment when cutting, and/or tarping to contain dust. Other measures include wetting construction material and installing wind fencing.

The proposed By-law would apply to residential properties only. It would not apply to necessary municipal work, large-scale construction projects such as the construction of multi-residential buildings, subdivisions, or mixed-use developments, and commercial and industrial properties. It would also exclude residential demolition projects that have an approved demolition permit.

The construction industry plays a key role in the maintenance and revitalization of residential neighbourhoods. However, residential construction has the potential to generate frequent and high levels of dust. The aim of the proposed By-law is to aid in the mitigation of dust from construction on residential properties. Dust that may have a health or environmental impact will not be regulated by the proposed By-law, as this type of dust is already regulated by the Ministry of the Environment and Climate Change and the Ministry of Labour. Toronto Public Health also responds to complaints about dust, if there are health concerns.  

As part of this review, staff completed an extensive analysis of current dust regulations, examined complaint history, and reviewed dust control measures in other jurisdictions. Staff also consulted with the public and industry stakeholders.

Toronto Building, Engineering and Construction Services, the Environment and Energy Office, Legal Services, Toronto Public Health, Transportation Services, and Toronto Water were consulted in the preparation of this report. Staff also met with the Ministry of the Environment and Climate Change while developing this report.

The proposed By-law, if approved, would come into effect on September 4, 2018.