HomeMy WebLinkAboutPD-51-87.,~. x~„~, ,~,
TOWN OF NEWCASTLE
REPORT
I ~~ General Purpose and Administration Committee
~~~ Monday, February 16, 1987
T #: Pb-51-~37 FILE #:
CT: REQUEST OF THE MUNICIPALITY TO CONSIDER THE ENACTMENT OF
BY-LAWS FOR REVIEW OF PRESENT BY-LAWS FOR THE CONTROL OF
BOARDING HOMES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-51-87 be received for information.
BACKGROUND AND COMMENT:
As Committee may recall, at the regular meeting of Council held on Monday, January 12,
1987, the following resolution was endorsed:
"THAT the correspondence dated December 17, 1986, from C.W. Lundy, A.M.C.T.,
Regional Clerk, Regional Municipality of Durham, Re: Control of Boarding Homes be
received and referred to the Director of Planning for review and subsequent report
to the General Purpose and Administration Committee."
Accordingly and upon reviewing the above-noted correspondence and attachments thereto,
Staff would offer the following observations and comments for the Committee's
consideration.
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REPORT NO.: PD-51-87 Page 2
It is within Section 208(61) of the Municipal Act, R.S.O. 1980, Chapter 302,
that the authority is given, that by-laws may be passed by the Councils of
all municipalities for the licensing, regulating and governing of lodging
houses and the keepers of lodging houses. Within the context of this
section, a "lodging house" is defined as meaning a nursing house and any
house or other building in which persons are harboured, received, or lodged
for hire but does not include a hotel, hospital, nursing home, home for the
young or aged, or institution if the hotel, hospital, home, or institution
is licensed, approved, or supervised under any other general or special act.
Staff would note that this distinction between a licensed operation i.e.
group home and a boarding house similarly, is addressed within the
definitions of each within the Town of Newcastle's Zoning By-law 84-63;
"GROUP HUhIE - shall mean a single housekeeping unit in a dwelling in
which three to ten residents, excluding staff and/or receiving family, live
as a family under responsible supervision consistent with the requirements
of the residents. Group homes shall be licensed and/or approved under
Provincial Statutes and shall not be permitted to locate within 300 metres
of another group home. Furthermore, only one group home housing elementary
and junior high school aged children may be located within the area served
by any public elementary or junior high school."
"BOARDING UR ROOMING HOUSE - shall mean a dwelling in which the
proprietor and/or his agent resides and supplies lodging with or without
meals, in rooms furnished by the proprietor with necessary furnishings in
return for monetary compensation to more than two persons, but not more than
six persons exclusive of the proprietor and his immediate family. For the
purposes of this By-law, a boarding or rooming house shall not include a
motel, motor hotel, hotel, group home, hospital or any other similar
cornmercial or institutional use defined or classified herein."
Staff would note that in 1981 a similar request was made of the eight (8)
municipalities within the Durham Region for the consideration and passing of
by-laws for the regulation of group homes. To that end, By-law 81-156, in
consideration of the provisions of the Municipal Act, was prepared through
the Clerk's Department and approved by Council thereby requiring the
registration and annual renewal of all registered group homes within the
Town of 'Newcastle.
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REPORT NO.: PD-51-87 Page 3
In reviewing the provisions of the Town of Whitby Licensing By-law, attached
to N1r. Lundy's letter of December 17, 1986, Staff are of the opinion that
the Town of Newcastle Property Standards By-law and the provisions of Zoning
By-law 84-63 address a majority of the concerns/comments incorporated
therein. Furthermore, the references which have been made to other
legislative authorities, ie. Building Code Act, Fire Marshall's Act, and
Health Protection and Promotion Act would be administered through individual
departments, bearing in mind, their expertise and legislative
responsibilities.
In respect to the provisions within the by-law entitled "Health and
Hygiene", Staff are of the opinion that the provisions requiring that the
keeper of a lodging house is to firstly, ensure that every resident
maintains a satisfactory level of personal hygiene, and secondly, is
expected where applicable, to keep all medication dispensed by Staff in a
secure location to which only Staff have access, are beyond what could
possibly be conceived as normal regulations and would appear to be more
fitting to an operation in which individuals require considerably greater
care. This would suggest a situation where the operation is licensed,
approved, or supervised under Provincial mandate and regulatory provisions.
Staff would note for the Committee's information that in 1986 the Minister
of Housing commissioned an independent task force to examine and propose
solutions to the accommodation problems facing roomers, boarders and lodgers
in Untario. Among the terms of reference, the Study was to develop and
ensure adequate standards in accommodation and tenant protection. Within
this comprehensive report the aspects of licensing of rooming and boarding
homes, the applicability of local property standards, and the implication of
the Ontario Building Lode and Ontario Fire Code requirements were
investigated. Recommendations of the author suggested that the Province may
wish to explore a fundamentally different approach towards rooming house
regulations with both the Association of Municipalities of Ontario and the
owner/operator representatives. This would include a province wide
licensing standard for all rooming and boarding homes with special
provisions for specific types of care where provided. Additionally, it was
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REPORT NO.: PD-51-87 Page 4
noted that the Ministry of Housing should consult with the Association of
Municipalities of Ontario, Landlords and Federal representatives to agree on
a strategy for meeting minimum physical safety and health standards. This
would include, among other items, financial assistance for the renovations
through either or both of the Low Rise Rehabilitation Program or the
Residential Rehabilitation Assistance Programs. It was noted that there
seems to be merit in the consideration of a single provincial regulatory
document not unlike the Untario Building Code with appropriate flexibility
to cover greater or lesser amounts of on-site care and facilities. Staff
have been advised that the report has been forwarded to an Advisory
Committee on roomers, boarders, and lodgers consisting of twelve (12)
members who represent the interest of residents, landlords and
municipalities. Furthermore, the Advisory Committee is scheduled to review
the Report during the next six weeks and advise the Minister of a course of
action for the future.
In consideration of the recommendations proposed within the Study, it would
appear advisable that the question/issue of licensing lodging homes above
and beyond present legislation and Town By-laws (Property Standards and the
Ontario Building Code) be deferred pending a review of the findings and
conclusions of the provincial agencies in light of the Commission's Report.
At such time as the task force issues its report, further consideration
could be given to this issue including any financial implications related to
enactment and enforcement of such a by-law.
Respectfully subrnitted,
`~T:l`. r: war s, 1. .P.
Director of Planning
Recommended for presentation
to the Committee
~f, ~
L ence ot!se
Chi of Adm`ni st,~ati ve Of ficer
LDT*TTE*jip
*Attach.
February 5, 1987
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The Regional
Municipality
of Durham
~=-®u~c-f+:~ Communications Direction
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December 17, 1986
Clerks Department
Mr. D.t:d. Oakes, B.A., A.M.C.T.
605 Rossland Road East C 1 e rk
P.O.Box623, Town of Newcastle
Whitby, Ontario 40 Tern erance Street
Canada, Lt'N 6A3 p
(4161668-7711 Boavmanville, Ontario
L1C 3A6
GW. LUNDY, A.M.C.T.
Regional Clerk
Control of Boarding Homes
Enclosure
Mr. Oakes, attached hereto is a copy of Report #8645 of
Dr. J.K. Gray, Medical Officer of Health concerning the
above matter.
The report was considered by the Health and Social
Services Committee and at a meeting held on December 17,
1986 Council adopted the following recommendation of the
Committee:
"THAT all municipalities be requested to consider
by-laws, or review present by-laws, for the control
of Boarding Homes."
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Would you kindly place this matter before your Council
for their consideration.
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C.W. f_undy, A.M.C.T.
Regional Clerk
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