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HomeMy WebLinkAboutWD-24-98 ~ On: REPOROBC THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeti ng: General Purpose and Administration Committee File # (_II . -jSLA . Res. # 0 P R - ~'S - Cl i? Date: Monday, April 6, 1998 Report #: WD-24-98 FILE #: By-law # Subject: Ontario Building Code Changes and Transferring of Responsibility to Upper Tier Municipalities It is respectfully recommended to Council the following: 1. THAT Report WD-24-98 be received; 2. THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of C1arington, the agreement with the Regional Municipality of Durham attached to Report WD-24-98, for the administration of the Building Code Act and the Ontario Building Code, as it relates to the enforcement of small capacity sewage systems; 3. THAT Council approve the by-law attached to Report WD-24-98 to confirm its decision to enter into an agreement with the Regional Municipality of Durham. 1. ATTACHMENTS 1 .1 Sewage System Management Agreement. 1.2 By-law to be passed by Council. 1 1 0 1 REPORT NO.: WD-24-98 2. BACKGROUND PAGE 2 2.1 On December 8, 1997 the Ontario Government passed the "Services Improvement Act". This legislation transfers the responsibility for small capacity sewage systems (up to 10,000 litres per day) to the Building Code Act, the Ontario Building Code and ultimately to the local municipality. 2.2 Within the amended Building Code Act, provisions have been made to allow the enforcement of the regulations for small capacity sewage systems to be transferred to upper tier municipalities. The Building Code Act and the Ontario Building Code also include specific requirements for the certification of installers and inspectors. 2.3 The effective date of the legislation is April 6, 1998. 3. REVIEW & COMMENT 3.1 Presently, the Regional Municipality of Durham Health Department is responsible for the enforcement of all sewage systems and issuing of permits. The Health Inspector operates 2 days a week, for 1 hour, out of the Municipal Administration Building, answering inquiries and accepting and issuing septic permits. 3.2 Staff has had ongoing discussions with the Region of Durham, and all other municipalities within the Region except the City of Oshawa and we are of the opinion that the Region of Durham should continue with the administration and enforcement of sewage systems through the Health Department. 4. CONCLUSIONS & RECOMMENDATION 4.1 The Region's Health Department have drafted an agreement for the transfer of authority. The agreement covers a period of 3 years commencing April 1, 1998 and ending March 31, 2001. It should be noted that any party might terminate the 11 02 REPORT NO.: WD-24-98 PAGE 3 agreement for any reason upon 180 days prior written notice to the other party. The agreement also allows the Region to prescribe fees for sewage system applications and other services that reflect the actual costs of administering the program. Staff has reviewed the agreement and is satisfied it represents the interests of the Municipality of C1arington. 4.2 The attached by-law is necessary to confirm Council's decision to transfer the authority for small capacity sewage systems to the Regional Municipality of Durham. Respectfully submitted, Reviewed by, ~V~ Stephen A. Vokes, P.Eng. Director of Public Works ~ W. H. Stockwell Chief Administrative Officer SV*GP*bb March 26, 1998 Pc: Regional Municipality of Durham 605 Rossland Road East, Box 623 Whitby, Ontario L1 N 6A3 11 03 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 98- Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham transferring the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems. NOW THEREFORE, the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THA T the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Cia ring ton, and seal with the Corporation Seal, an agreement between the Regional Municipality of Durham and the Corporation of the Municipality of Clarington; 2. THAT this agreement attached hereto as "Schedule A" form part of this By-law. BY-LA W read a first and second time this 14th day of April, 1998. BY-LA W read a third time and finally passed this 14th day of April, 1998. MAYOR CLERK ATTACHMENT NO. 1.2 REPORT NO.: WD-24-98 11 04 SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the day of ,1998 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM (the"Region") and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON WHEREAS this Agreement is being entered into pursuant to Section 32.1 of the Building Code Act, 1992 (the "Act") for the purpose of delegating to the Regional Municipality of Durham's Health Department (the "Health Department") certain responsibilities under the Act and the Building Code as they are from time to time amended as set out herein with respect to sewage systems (with a capacity of less than 10,000 litres per day); NOW THEREFORE in consideration of the mutual covenants herein contained, the parties hereto hereby agree as follows: ARTICLE ONE Section 1.01 - Application This agreement shall be applicable to all lands lying within the geographic limits of the Municipality (the "Lands"). Section 1.02 - Duties The Health Department shall faithfully carry out its duties hereunder in accordance with the Act and the Building Code in force from time to time, this Agreement and any other legislation contemplated hereunder. ARTICLE TWO Section 2.01 - In this Agreement (i) "Sewage System" shall have the meaning ascribed to it in the regulations under the Building Code Act, 1992, as amended from time to time. ATTACHMENT NO. 1.1 REPORT NO.: WD-24-98 11 05 (ii) "Inspector" means an inspector appointed under section 32.1 of the Building Code Act, 1992 as amended. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 - Services The Health Department shall provide the following services in relation to the Lands: The Health Department shall provide the following services in relation to the Lands: (i) Carry out an inspection of any land which is planned to be divided by severance, where no municipal sewage services are proposed, to ensure that each lot will be suitable for the installation of a Sewage System; (ii) Inspect properties prior to the issuance of a permit for the construction, installation, establishment, enlargement, extension or alteration of a Sewage System; (iii) Following the issuance of a permit, inspect and reinspect when necessary Sewage System installations to ascertain compliance with the permit and other requirements under the Act or Building Code; (iv) Carry out land inspections to determine the acceptability of applications for minor variances or lot line adjustments as they relate to existing and proposed Sewage Systems and review official plans and zoning by-laws and amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (v) Review applications for additions and alterations to existing buildings, in order to determine sufficiency of existing Sewage Systems in such cases; (vi) Issue permits in accordance with the Act and in accordance with the Building Code relating to Sewage Systems (the "Permit"); (vii) Receive and process applications and requests related to activities listed in paragraphs (i) through (vi) of this section; 11 06 (viii) Provide reports and comments on minor variances and severances directly to the appropriate planning authority; (ix) Review planning documents including but not limited to subdivision proposals, draft official plans and proposed amendments to ensure compliance with provisions of the Act and Building Code relating to Sewage Systems; (x) Attend meetings of Municipality's Council, its committees, and other meetings as requested by the Chief Building Official of the Municipality, to discuss matters relating to any provisions of the Act or Building Code relating to Sewage Systems; (xi) Upon the request of the Municipality participate in the preparation for hearings and attend as a witness for the Municipality at hearings before the Ontario Municipal Board and before the Building Code Commission, where the hearing concerns a matter relating to Sewage systems in the Municipality; (xii) Maintain adequate records of all documents and other materials used in performing the duties required under this Agreement together with documents to support the determination of the Region's actual costs and used by the Region to establish its fees; (xiii) Upon request by the Municipality, provide ready access to the Municipality of all records kept under subsection 3.01 (xii) herein; (xiv) Consult with various groups, including the Ontario Ministry of Municipal Affairs and Housing and the Building Materials Evaluation Commission, regarding compliance with the provisions of the Act and the Building Code relating to Sewage Systems; (xv) Respond to inquiries concerning existing Sewage Systems from sol icitors and other persons pursuant to property transactions and other matters. (xvi) Respond to inquiries made by any person under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M56. As amended, or through any other legal channel; (xvii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counseling and preparation of reports for abatement action as it relates to existing and proposed Sewage Systems; 1 1 07 (xviii) Prepare documentation necessary to prosecution activities relating to Sewage Systems under the Act and the Building Code. Administer proceedings relating to Sewage Systems pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33. (xix) Provide all forms necessary for the administration of Sewage Systems under this Agreement; (xx) Provide any other mattes related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. ARTICLE FOUR Section 4.01 - Fee Schedule The Region, agrees to establish a fee schedule, which reflects only the actual costs to the Region of administering the program, and of providing the services described in this Agreement. The Region agrees to establish the requirements for Sewage System applications and fees by by-law and to provide the Municipality with a copy of that by-law. The Region will require the payment of fees on applications for and prior to the issuance of all permits and other services as set out in Schedule "A" herein. The Region may amend the fees, as set out in Schedule A, from time to time to reflect changes in the Region's actual costs of providing the services and administering the program. The Region shall provide no less than 60 days notice to the Municipality prior to the effective date of any amendment to the Region's fee schedule. Section 4.02 - Collection of Fees Fees hall be payable by the applicant at the time of the application, and shall be remitted directly to the Region. In the alternative, the Municipality shall have the option in its sole discretion to collect the fees from the applicant on behalf of the Region at the time of the appl ication and thereafter to remit the fees to the Region no later than the last business day of every month. Section 4.03 - Reporting The Region agrees to provide to the Municipality with a report on or before February 28th of every calendar year, which report will summarize the actions completed by the Region on behalf of the Municipality within the previous calendar year under this program. The report shall also include a summary of all of the revenue generated from fees for each application and will itemize the services provided. The report will also identify the Region's actual costs of administering the program for the applicable calendar year. 1 1 08 Section 4.04 - Reserve Fund If the revenue collected exceed the expenditures for the services provided under this Agreement, the surplus shall be applied to a reserve fund and utilized by the Health Department to offset any deficits incurred. ARTICLE FIVE INSPECTORS Section 5.01 - Qualifications The Region agrees to employ sufficient experienced Health Department personnel (the "Personnel") for the purposes of carrying out the duties described in this Agreement. The Region further agrees that all such personnel shall possess and maintain the qualifications prescribed by the Ontario Building Code for Sewage System Inspectors. Section 5.02 - Appointments The Region shall appoint all inspectors pursuant to the administration of Sewage Systems provisions of the Act, and the Regional Clerk shall issue a certificate of appointment bearing his or her signature, or a facsimile of it, to each inspector appointed by the Regional Council. Section 5.03 - Reporting Relationships All personnel described in sections 5.01 and 5.02 herein shall be employees of the Region. Such personnel shall not be considered employees of the Municipality for any reason whatsoever. The Region shall retain sole jurisdiction over and responsibility for every aspect of the terms and conditions of the employment of the personnel. ARTICLE SIX LIABILITIES AND INSURANCE Section 6.01 - Liability of the Health Department The Region shall indemnify and save harmless the Municipality from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by, or attributable to the activities of the Region in executing the work under this Agreement or in providing the services under this 11 09 Agreement or arising from any act or omission of the Region related to the services and the program referred to in this Agreement. Section 6.02 - Insurance For the term of this Agreement, the Health Department will, at its expense, maintain liability insurance contracts, in the amounts and containing the terms and conditions, if any, set out in Schedule "B". ARTICLE SEVEN TERM AND TERMINATION OF AGREEMENT Section 7.01 - Term Subject to the provisions of section 7.02 herein, this Agreement shall continue in force for a period of three years commencing April 6, 1998 and ending on March 31,2001. Section 7.02 - Termination Notwithstanding the provision of section 7.01 herein, the Municipality may immediately terminate this Agreement at any time during the term of this Agreement, if in the sole opinion of the Chief Building Official of the Municipality, the Health Department has failed to: a. adhere to the provisions of the Act and Regulations; or b. exercise any discretionary powers of an Approval Authority in the public interest relating to the provisions of services in the Municipality; and the Health Department has not, in the opinion of the Chief Building Official of the Municipality, remedied the matter to the satisfaction of the Municipality within 60 days of a written notice describing such concerns being forwarded to the Health Department. Section 7.03 Either party may terminate this Agreement for any reason upon 180 days prior written notice to the other party. 1 1 1 0 ARTICLE EIGHT MISCELLANEOUS Section 8.01 - Preamble The preamble hereto shall be deemed to form an integral part hereof. Section 8.02 - Gender Whenever the singular form is used in this Agreement and when required by the context, the same shall include the plural, the plural shall include the singular and the masculine gender shall include the feminine and neuter genders. Section 8.03 - Amendments This Agreement shall not be changed, modified, terminated or discharged in whole or in part except by instrument in writing signed by the parties hereto, or their respective successors or permitted assigns, or otherwise as provided herein. Section 8.04 - Assignment This Agreement shall not be assignable by either party hereto without the written consent of the other party being first obtained. Section 8.05 - Other Agreements and Policies relating to Sewage Systems Nothing in this Agreement shall imply that the Municipality is a party to any other agreement or policy which the Region implements or maintains which is related to Sewage Systems, unless the Municipality has expressly agreed in writing to be subject to such agreement or such policy. Section 8.06 - Notices Any notice, report or other communication required or permitted to be given hereunder shall be in writing unless some other method of giving such notice, report or other communication is expressly accepted by the party to whom it is given and shall be given by being delivered or mailed to the following addresses of the parties respectively: 1 1 1 1 (a) To the Health Department: The Regional Municipality of Durham Health Department 1615 Dundas Street East, Suite 210 Whitby, Ontario L1 N 2L 1 Attention: Medical Officer of Health (b) To the Municipality: Attention: Any notice, report or other written communication, if delivered, shall be deemed to have been given or made on the date on which it was delivered to any employee of such party, or if mailed, postage prepaid, shall be deemed to have been given or made on the third business day following the date on which it was mailed (unless at the time of mailing or within forty-eight hours thereof there shall be a strike, interruption or lock-out in the Canadian postal service, in which case service shall be by way of delivery only). Either party may at any time give notice in writing to the other party of the change of its address for the purpose of this section 8.05. Section 8.07 - Headings The section headings hereof have been inserted for the convenience of reference only and shall not be construed to affect the meaning, construction or effect of this Agreement. Section 8.08 - Governing Law The provisions of this Agreement shall be construed and interpreted in accordance with the laws of the Province of Ontario as at the time in effect. Section 8.09 - Entire Agreement The parties acknowledge and agree that this Agreement sets forth the entire agreement between them with respect to the services and that there are no provisions, representations or undertakings other than set out herein. 1 1 1 2 IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MUNICIPALITY OF DURHAM Per: Roger Anderson, Regional Chair Per: P.M. Madhill, Regional Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON Per: D. Hamre, Mayor Per: P. Barrie, Clerk 1 11 3