Item - 2019.PH5.6

The Planning and Housing Committee recommends that:

1. City Council amend Toronto Municipal Code Chapter 354, Apartment Buildings to require building owners/operators under the RentSafeTO program to maintain a voluntary contact list of tenants who may require additional assistance during periods of evacuation or temporary discontinuance of vital services, and who choose to voluntarily self-identify to the building owner/operator and City officials as needing assistance.

 
2. City Council amend Toronto Municipal Code Chapter 354, Apartment Buildings to require building owners/operators under the RentSafeTO program to develop an electrical maintenance plan with a Licenced Electrical Contractor certified by the Electrical Safety Authority, and maintain any information and records necessary to demonstrate compliance with the electrical safety maintenance plan, when requested.

 
3. City Council amend Toronto Municipal Code Chapter 354, Apartment Buildings to require building owners/operators to retain logs of service and maintenance conducted on electrical systems including the date and nature of service and name of certified tradesperson, if applicable, and maintain the logs in a secure and accessible manner.

 
4. City Council request that the Province of Ontario amend the Electrical Safety Code to mandate regular inspections of electrical systems in all buildings.

5. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with the Fire Chief and General Manager, Fire Services, to review the following items to be brought forward to the Executive Committee as part of the report back on MM2.26, "Holding Landlords Responsible for Property Maintenance and Improving Crisis Communications in Emergencies" on the feasibility of implementing the following:

a. Requiring building owners/operators under the RentSafeTO program to develop a communications plan for tenants during periods of evacuation or temporary discontinuance of vital services, which includes:

1. measures to communicate with tenants with updates, including e-mails, text messages, robo-calls and other technologies that allow updates to be provided directly to tenants;

2. monthly updates on restoration and construction schedules for evacuation or temporary discontinuance of vital services that exceed 7 days;

3. a survey of tenant needs during periods of evacuation or temporary discontinuance of vital services that exceed 7 days;

4. daily communication during the first seven days of periods of evacuation or temporary discontinuance of vital services;

5. weekly communication for periods of evacuation or temporary discontinuance of vital services that exceed 7 days, up to 30 days;

6. a minimum communication every two weeks or twice per month for periods of evacuation or temporary discontinuance of vital services that exceed 30 days;

7. a meeting with tenants for periods of evacuation or temporary discontinuances of vital services that last more than 3 days;

8. monthly meetings with tenants for periods of evacuation or temporary discontinuances of vital services that last more than 30 days; and

9. the creation of a public website for tenants that:

a. collects and publishes all notices between the landlord, government agencies and tenants during the periods of evacuation or temporary discontinuance of vital services; and,

b. allows tenants to register information and direct how best to communicate with them during a period of evacuation or temporary discontinuance of vital services.
 

b. Requiring building owners/operators under the RentSafeTO program to develop an emergency preparedness plan for tenants during periods of temporary discontinuance of vital services, which includes:

1. provision of notices from the landlord in common areas, stairwells, elevators, and hand delivery to tenants;

2. provision of drinkable and potable water during periods where water has been discontinued;

3. provision of blankets during periods where heat has been discontinued between September 15  and June 1;

4. provision of light snacks and warm meals during periods where electricity and/or gas has been discontinued;

5. provision of on-site security during periods where electricity and/or gas has been discontinued, including regular check-ins with tenants; and

6. supports to tenants who may require additional assistance, including but not limited to additional food, water, check-ins and temporary accommodations, including those with temporary vulnerabilities.
 

c. Requiring building owners/operators under the RentSafeTO program to develop an emergency preparedness plan for tenants during periods of evacuation, which includes:

1. provision of temporary accommodation, including hotel rooms or rent-supplemented units, to tenants who may require assistance during periods of evacuation, including those with temporary vulnerabilities, within 24 hours of an evacuation order;

2. provision of temporary accommodation, including hotel rooms or rent-supplemented units, to tenants within 48 hours of an evacuation order;

3. provision of measures to accommodate tenants to access their units temporarily for a minimum of one hour two-weeks after an evacuation order and every 3 months afterwards; and,

4. creation of a tenant assistance office to assist tenants with temporary housing and associated costs during the period of evacuation.

6. City Council direct the Director, Municipal Licensing and Standards to report back to the Planning and Housing Committee on the feasibility of establishing an appropriate timeframe for a timely elevator repair, as a part of a comprehensive strategy, monitored and enforced through the RentSafeTO program.

This report provides an update on measures being undertaken by the City of Toronto to respond to Council directives on apartment building safety issues identified in the St. Jamestown catchment area.

In January 2019, a flood in an apartment building located at 260 Wellesley Street East resulted in an electrical shutdown that impacted approximately 546 apartment units, leaving many without hydro, heat, fire and life safety systems, and water for five days. This incident came shortly after a similar incident in August 2018 at a nearby building at 650 Parliament Street.

These incidents raised concern about the state of good repair of aging infrastructure in apartment buildings – particularly infrastructure that provides vital services such as electricity, heat, fire and life safety systems, and water, which have a direct impact on the health, safety and livability of tenants. The incidents also raised concerns regarding the ability of building owners/operators to effectively communicate and provide necessary support to tenants.

A number of collaborative efforts have since been undertaken to respond to these incidents, and to better understand the scope of potential safety issues in apartment buildings across the City. This includes a series of proactive safety inspections of high-risk buildings led by Toronto Fire Services with the Municipal Licensing and Standards (MLS) and the Electrical Safety Authority (ESA), as well as upcoming work on emergency management and crisis communications led by the Office of Emergency Management.

In order to promote the health and safety of tenants, specifically in situations when a vital service for an apartment building is disrupted and the disruption is expected to last for an extended period of time, it is recommended that the City of Toronto put in place the following measures under the Apartment Buildings by-law to require building owners/operators to:

-  Maintain a voluntary contact list of tenants who may require additional assistance during periods of evacuation or temporary discontinuance of vital services, and who choose to voluntarily self-identify to building owners/operators and City officials as needing assistance;

-  Provide proof of an electrical maintenance plan approved by the ESA; and,

-  Retain logs of any service and maintenance conducted on building electrical systems as part of the program's record keeping obligations.
 

This report provides an outline of the response efforts to date, as well as various regulatory tools available to the City to respond to such incidents and recommendations to enhance these tools and strengthen the City's response to similar events in the future. Finally, this report will also outline some areas for further exploration.

Staff have consulted with Legal Services, the Office of Emergency Management, Toronto Fire Services and Toronto Building in the preparation of this report.