Agenda

The Executive Director, Municipal Licensing and Standards recommends that:  

1.  City Council direct the Executive Director, Municipal Licensing and Standards, the Medical Officer of Health, the Executive Director, Social Development, Finance and Administration, the Director, Environment and Energy, and the Chief Resilience Officer, in consultation with other appropriate divisions, to establish a working group to identify strategies to address excessive indoor temperatures in apartment buildings, including a review of the feasibility of the following, and to report back to the Tenant Issues Committee in the fourth quarter of 2019:

a.  require that all existing apartment buildings provide air conditioned units or an air conditioned cool room in the building;

b.  require that all new apartment buildings have air conditioning and add measures that enable passive cooling; and

c.  require that all apartment buildings undergo retrofits, such as new windows, heavy-duty screens, cladding and other passive and active cooling systems, and updated heating systems to mitigate the negative health impacts of heat on tenants.

2.  City Council request the provincial and federal governments expand financial incentives, including grants and low-cost loans, for owners of apartment buildings to undertake retrofits that would improve indoor temperatures and increase access to cool rooms for tenants, and to provide guidance to support this goal.

3.  City Council amend Municipal Code Chapter 497, Heating, to clarify that landlords do not need to turn the heat on between September 15 and June 1 where the unit is a minimum of 21 degrees Celsius without heating.

4.  City Council direct the Executive Director, Municipal Licensing and Standards, to develop and implement a plan to communicate to landlords and tenants about providing heat during the spring and fall and clarifying that landlords do not need to turn the heat on between September 15 and June 1 where the unit is a minimum of 21 degrees Celsius without heating.

5.  City Council update Municipal Code Chapter 497, Heating, to be consistent with authorities granted by the City of Toronto Act, 2006 to:

a.  increase the maximum fine amount from $5,000 to $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 an order;

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 inspect to determine compliance with the By-law, a direction or order of the City, or a direction or order made under a By-law.

This report makes recommendations to mitigate the negative impacts of extreme heat in apartment buildings. A number of tenants living in apartment buildings experience very high temperatures in their units and only 6 percent of apartment buildings in Toronto are reported to have air conditioning. The report recommends that staff develop an interdivisional working group to identify strategies to address excessive indoor temperatures in apartment buildings. It requests that the provincial and federal governments expand financial incentives for retrofits for buildings to improve indoor temperatures for tenants. Setting a maximum indoor temperature standard for all apartment buildings in Toronto is not recommended at this time due to technical and financial barriers, as previously reported by Toronto Public Health.

This report also recommends amending Chapter 497, Heating, to clarify that landlords do not need to turn the heat on between September 15 and June 1, where the indoor temperature in the unit is already a minimum of 21 degrees Celsius, and communicating to landlords and tenants about providing heat during spring and fall. The City of Toronto requires landlords to maintain a minimum indoor temperature of 21 degrees Celsius between September 15 and June 1. While this requirement is intended to ensure that tenants are protected from being too cold, it can cause confusion and frustration when unseasonably warm weather occurs in the fall or spring between these dates, and apartment buildings have turned their heating systems on, resulting in uncomfortably high temperatures.

This report also recommends updating the Heating By-law to be consistent with enforcement authorities granted by the City of Toronto Act, 2006.

The following City divisions were consulted in the preparation of this report: Legal Services, Toronto Public Health, Social Development, Finance and Administration, Environment and Energy, The Atmospheric Fund, and the Chief Resilience Officer.

There are no financial impacts associated with this report. The costs associated with the communications plan recommended in this report will be funded through the RentSafeTO budget, which has annual funding for communications to landlords and tenants.

This report is consistent with projected program costs included in the approved 2018 Operating Budget.

The Interim Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Municipal Licensing and Standards recommends that:

1.  City Council amend former City of Toronto By-law, Chapter 285, Rooming Houses, to require fraternity and sorority houses (called a "chapter") to submit an application, as required by the Executive Director, Municipal Licensing and Standards, by September 1 of each year, with the following information:

a.  certification that they are active chapters of a national or international student fraternity or sorority and that the building provides accommodation for more than three students who are members of an active chapter of a bona fide national or international student fraternity or sorority; and

b.  the name, mailing address, e-mail address, and telephone number of a contact person for the local chapter of the fraternity or sorority and of a contact person for the national or international student fraternity or sorority.  

2.  City Council amend Chapter 285, Rooming Houses, to update the definition of a cooperative student residence to describe it as a student residence owned or leased by a non-profit housing cooperative that has more than three dwelling rooms with the object of providing housing to more than three students who are members of the cooperative.    

3.  City Council direct the Executive Director, Municipal Licensing and Standards, to conduct research and public consultation on potential licensing requirements for fraternities and sororities and to report back to the Licensing and Standards Committee in 2019.

At its meeting on June 19, 2017, the Executive Committee directed staff to undertake a review of the rooming house licensing exemption for fraternity and sorority houses and cooperative student housing. This review included a study on the feasibility of licensing fraternities and sororities as businesses or as rooming houses and a comprehensive approach to address issues of noise, waste, and behaviour relating to fraternity and sorority houses.

This report recommends amending the former City of Toronto By-law, Chapter 285, Rooming Houses, to create reporting requirements for fraternity and sorority houses to be met in order to continue to qualify for an exemption from a rooming house licence. It also recommends providing greater clarity on what constitutes cooperative student housing. To address community concerns, staff also outline proactive outreach and education sessions to be undertaken. Highlights of the recommendations include:

-  New annual reporting requirements for fraternity and sorority houses that will include:

a.  Confirmation of active membership in an international or national fraternity or sorority;

b.  Confirmation of accommodation for more than three students who are members of the active chapter; and

c.  Contact information for the national or international student fraternity or sorority, and the local chapter.  

-  Proactive outreach and education sessions that will be coordinated with other divisions, such as Toronto Fire Services, on issues of health and safety, noise, and property maintenance that would be targeted for fraternity and sorority house residents.

-  Better defining what constitutes cooperative student housing that qualifies for an exemption from a rooming house licence.

 
Chapter 285, Rooming Houses, currently exempts fraternity and sorority houses and cooperative student housing from the requirement to obtain a rooming house licence. Fraternity and sorority houses are defined as containing more than three dwelling rooms and providing accommodations for more than three students who are members of a bona fide nationally- or internationally-chartered student fraternity or sorority. Cooperative student residences are exempted if they are owned or leased by a non-profit, contain more than three dwelling rooms, and provide accommodation for more than three students who are members of the non-profit, non-share corporation owning or leasing the dwelling. Currently, there is no requirement for proof of status to be provided in order to validate the exemption, it is not required unless enforcement occurs.

In Chapter 285, Rooming Houses, a rooming house is defined as a form of shared housing that provides separate and private bedrooms to tenants and shared rooms, such as kitchens or bathrooms. Bedrooms in rooming houses may include food preparation facilities or sanitary facilities, but not both. If not exempted, fraternity and sorority houses could meet the definition of a rooming house under Chapter 285, Rooming Houses, and be required to obtain a rooming house licence to operate. There are other aspects of law related to various forms of living arrangements that also must be considered in determining licensing requirements.

Rooming houses in the former City of Toronto and Etobicoke must be licensed and are subject to annual or bi-annual inspections to ensure compliance with applicable legislation, including the Ontario Fire Code, the Building Code, the Health Protection and Promotion Act, and Property Standards By-laws.

This report includes feedback received from public consultations on community concerns arising from fraternity and sorority houses as well as possible solutions. The consultation process included one public meeting in November 2017 where over 30 participants attended, including students, residents, residents' associations, local Councillor's staff, and fraternity and sorority members. Individual stakeholder meetings were organized for residents' associations and student union representatives together, and a separate meeting was organized for members and representatives of fraternity and sorority houses. Some of the key feedback received included:  

-  Local residents were concerned about noise caused by fraternities and sororities hosting social events that can move onto the street, impacting neighbours and sometimes resulting in assaults and violence.

-  Most residents wanted fraternity and sorority houses to be licensed as rooming houses to help make them more accountable.

-  Fraternity and sorority representatives stated that any complaints they receive are usually resolved and that the City has been active in enforcing noise, waste, or property standard violations.

-  Fraternity and sorority representatives expressed a need for greater dialogue with the surrounding residents to help address issues as they arise.
 

These public consultations took place as part of a broader examination of the Rooming House By-law which staff will report back on in 2019.

Legal Services and Toronto Fire Services were consulted in preparation of this report.

There are no financial impacts beyond what has already been approved in the current year's budget.

The Interim Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Municipal Licensing and Standards recommends that:  

General Fence Requirements

1.  City Council amend Chapter 447, Fences, to allow fences that are located in a front yard between two private properties to be a maximum of 2.0 metres in height and specify that this does not apply to fences within a 2.4 metre distance from a front lot line. 

2.  City Council amend Chapter 447, Fences, to remove maximum height requirements for any hedge, shrub, or other vegetation that acts as a fence, except when the hedge, shrub, or vegetation is within a 2.4 metre distance from a lot line abutting a public highway, other than a public lane.

Change Pool Enclosure Requirements

3.  City Council amend Chapter 447, Fences, to permit double gates to be used in a pool enclosure if:

a.  one gate is equipped with a self-closing and lockable self-latching device;

b.  the other gate has a lockable drop bolt that extends down into concrete, asphalt, or paving stones by a minimum of 25 millimetres; and

c.  the lockable drop bolt is kept in the locked position, except when the enclosed area is in use.

4.  City Council amend Chapter 447, Fences, to allow wooden pool enclosure fences to be constructed using horizontal boards if:

a.  the width and height of the boards is not less than 19 millimetres by 89 millimetres or greater;

b.  the boards are spaced not more than 20 millimetres apart;

c.  the boards are not offset or protrude any more than 15 millimetres from the board immediately above or below; and

d.  the maximum board length is not greater than 2.4 metres.

5.  City Council amend Chapter 447, Fences, to remove all requirements that pool enclosure posts must be embedded in concrete to a minimum depth of 900 millimetres below grade and instead specify that the posts must be securely fastened to the ground and structurally sound.

6.  City Council amend Chapter 447, Fences, to clarify that the swimming pool enclosure cannot restrict visibility of the pool from any window or door located in the main living area of the building by replacing "access level" with "main living area."

7.  City Council amend Chapter 447, Fences, to remove Section 447-3.F(3), which is a redundant section related to fence exemption applications, and direct that Section 447-5.C, which has a broader application, continues to apply.

8.  City Council amend Chapter 447, Fences, to raise the minimum height requirement of metal picket pool enclosure fences on multiple residential properties and non-residential properties from 1.5 metres to 1.8 metres.

9.  City Council amend Chapter 447, Fences, to allow swimming pools to be filled with water when temporary fencing is erected according to the By-law and to specify that the pool area cannot be in use until permanent fencing has been installed, inspected, and confirmed to be complete by the Executive Director, Municipal Licensing and Standards.

Opt Out of Line Fences Act

10.  City Council exercise its power under the City of Toronto Act, Section 109, to exempt the City of Toronto from the Line Fences Act and amend Chapter 447, Fences, and Chapter 441, Fees and Charges, accordingly (reference numbers 147, 148, 149, 150, and 151).

11.  City Council terminate all Fence Viewer appointments, effective June 20, 2018, and amend or rescind the appointing By-laws accordingly.

Administrative Changes

12.  City Council update Municipal Code Chapter 447, Fences, to be consistent with authority under the City of Toronto Act, 2006 to:

a.  increase the maximum fine amount from $5,000 to $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.

13.  City Council amend Chapter 447, Fences, to remove reference to the list of site-specific exemptions in Schedule A.

14.  City Council amend Chapter 447, Fences, to replace all references to the Chief Building Official with the Executive Director, Municipal Licensing and Standards.

Implementation

15.  City Council authorize the City Solicitor and the Executive Director, Municipal Licensing and Standards, to re-structure, consolidate, and simplify all existing requirements to improve the readability of Toronto Municipal Code Chapter 447, Fences.

16.  City Council direct that the changes to Toronto Municipal Code Chapter 447, Fences, become effective as of June 20, 2018.

17.  City Council direct that fences and swimming pool enclosures that were lawfully erected before June 20, 2018, or that are granted exemptions, be deemed to comply with Chapter 447 until they are replaced.

This report recommends amendments to Municipal Code Chapter 447, Fences, following a review of the Fence By-law. The purposes of the amendments are to modernize the By-law, ensure that it continues to meet community safety needs, provide greater flexibility in fence design to residents, ensure consistent enforcement, and make the By-law easier to understand. The proposed changes are intended to reduce the need for residents to apply for fence exemptions for circumstances that are currently routinely granted at Community Council. Staff estimate that the amendments will result in a 20 percent decrease in fence exemption requests sent to Community Council.

Key recommendations include:

-  Remove height limits on hedges that act like a fence in side and rear yards.

-  Increase the height limit from 1.2 metres to 2.0 metres on fences that are in the front yard between two private properties and not within 2.4 metres of the front lot line.

-  Opt out of the Line Fences Act which prescribes a process for dealing with boundary fence disputes, including requiring the appointment of Fence Viewers.

-  Increase design options for pool enclosures, including allowing double gates and wooden horizontal fencing.
 

Staff also recommend updating fine and offence provisions to align with the authority provided under the City of Toronto Act, 2006.

As part of the review, staff analyzed all fence exemption requests received since 2016 and consulted with the public and key stakeholders.

These amendments will come into effect on June 20, 2018 and will not apply to fences that have previously been granted an exemption by Community Council.

There are no immediate financial impacts beyond what has already been approved in the current year's budget for Municipal Licensing and Standards. Future impacts on exemption request revenue will be addressed in the 2019 budget process.

The Interim Chief Financial Officer has reviewed this report and agrees with the financial impact information.

The Executive Director, Municipal Licensing and Standards recommends that:  

1.  City Council amend Chapter 740, Street Vending, as follows:

a.  remove the moratorium on the issuance of portrait artist permits;

b.  exempt the requirement for portrait artist permit applicants to carry general liability insurance; and

c.  allow portrait artist permit holders to vend in any area that would meet the criteria, as set out in Chapter 740-7.

2.  City Council amend Chapter 441, Fees and Charges, to reduce the portrait artist annual permit fee amount from $468.17 to $39.73.

As directed by the Licensing and Standards Committee at its meeting on April 10, 2018, this report outlines amendments to Chapter 740, Street Vending, for portrait artists in the City of Toronto.

As directed by the Committee, this report outlines the necessary By-law amendments to:

-  Remove the moratorium on portrait artist permits;

-  Remove the requirement for portrait artists to carry general liability insurance of $2 million;

-  Provide additional locations for portrait artists to work; and

-  Reduce the annual portrait artist permit fee to $39.73, plus Harmonized Sales Tax.
 

Staff will be reporting on other outstanding issues relating to street vending in 2019.

There are no financial implications beyond what has already been approved in the current year’s budget. The reduction in the fees will not have an impact to the budget since there are currently no portrait artists permitted. Any future budget impacts would be reported through the appropriate budget process.

The Interim Chief Financial Officer has reviewed this report and agrees with the financial impact information.