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HomeMy WebLinkAboutCLD-026-11 Cladiwa REPORT CLERK'S Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 26, 2011 Resolution#: By-law#: Report#: CLD-026-11 File#: Subject: PROPOSED FORTIFICATION BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-026-11 be received; 2. THAT the By-law attached to Report CLD-026-11 be approved; and 3. THAT all interested parties listed in Report CLD-026-11 advised of Council's decision. Submitted by:""" Z, Reviewed by: ' Patti L. Barrid'. Franklin Wu, Municipal Clerk Chief Administrative Officer PLB/LDC CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-026-11 PAGE 2 1. BACKGROUND In the course of their duties, members of the Clarington Fire and Emergency Services, the Ambulance service and the Durham Regional Police must often enter homes quickly. This can be inhibited by excessive security fortifications which some property owners have incorporated into their buildings. The Durham Regional Police have asked for the Municipality's assistance to avoid delays of entry which may compromise the safety of all parties involved. Staff are therefore recommending the implementation of a Fortification By-law. The by-law will not apply to regular security precautions that many homeowners have taken to protect their property. It addresses "excessive" measures which some residents have taken to fortify their buildings. 2. COMMENTS Personal security is a large concern for many people. Fears about the safety of family members in the home have driven security equipment into a major industry. Staff recognize this and are sensitive to those legitimate concerns. The proposed by-law is directed to those situations where a residence has been turned into a fortress with locks, bars and security devices which would prevent Police, Fire or Ambulance attendants from entering a building if needed. The proposed by-law is similar to by-laws already in force in Oshawa, Whitby, Ajax and Pickering. These by- laws have proven successful in assisting the emergency services in those municipalities. Since many of these fortifications require structural addition or alteration to the existing building it will be the responsibility of the Chief Building Official to administer the provisions of the by-law. Enforcement of matters under the by-law will be undertaken in cooperation with the Durham Regional Police and the Municipal Law Enforcement Division. The by-law will apply to all properties within the Municipality. In the case of buildings with pre-existing fortifications the owner may make an application for an exemption in order to keep the existing elements. This will be reviewed by staff and alterations may be required before approval is granted. The by-law will also provide an exemption for those buildings and businesses which, by virtue of their business require extra security, for example financial institutions, schools, and police stations are all exempt. REPORT NO.: CLD-026-11 PAGE 3 3. PARTICULARS OF RESTRICTIONS As stated above it is not the intent of the by-law to restrict any and all security measures, only those which are excessive in the given situations. While fences with barbed wire and watch towers may be normal and necessary for a correctional institution, they are not needed for a private residence. The by-law will not apply to commercially marketed devices and equipment intended to provide a reasonable level of protection to the homeowner. Anything designed or intended to restrict or impede entry into a building could be considered excessive. The installation of steel plates, bullet proof glass, or heavy gauge wire mesh on the doors or windows of a private residence would be examples of excessive fortifications added to a building. The use of electrification on doors, windows or fencing would also be considered excessive along with surveillance equipment which is set to monitor the area beyond the yard or the perimeter of the property. Where there is a legitimate need for the addition of fortification elements to a building the owner may make application for an exemption to allow the work to be done. The Chief Building Official may make such enquiries as required to determine if an exemption will be granted. 4. CONCURRENCE This report has been reviewed by Tony Cannella, Director of Engineering Services, Gord Weir, Director of Emergency and Fire Services and the Municipal Solicitor who concur with the recommendations. A copy of the Report and the By-law have been forwarded to the Durham Regional Police for their information. 5. CONCLUSION The passage of a by-law to regulate and prohibit excessive fortifications of buildings within the Municipality will assist emergency services staff in performing their duties. Staff therefore respectfully recommend that Committee approve this Report and the attached by-law and forward them to Council for passage. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Len Creamer, Manager, Municipal Law Enforcement List of interested parties to be advised of Council's decision: Inspector Chris Ostler, Durham Regional Police Region of Durham, Emergency Medical Services THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2011- A by-law to prohibit the excessive barricading or fortification of land within the Municipality of Clarington WHEREAS section 133 of the Municipal Act, 2001 authorizes a municipality that is responsible for the enforcement of the Building Code Act, 1992 to regulate of the fortification of and protective elements applied to land in relation to the use of land and to prohibit excessive fortification; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: Part 1 —INTERPRETATION Definitions 1. In this by-law, "building" has the same meaning as in the Building Code Act, 1992; "Building Code Act, 1992"means the Building Code Act, 1992, S.O. 1992, c. 23; "Chief Building Official" has the same meaning as in the Building Code Act, 1992; "Committee" means the General Purpose and Administration Committee of Council; "construct" has the same meaning as in the Building Code Act, 1992; "Council" means the Council of the Municipality; "fortification"means the construction of devices, barriers or materials in a manner designed to strengthen or provide defensive works to land; "land" has the same meaning as in subsection 133(2) of the Municipal Act, 2001; "Municipality"means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "Municipal Act, 2001"means the Municipal Act, 2001, S.O. 2001, c. 25; "person"includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law; and "protective elements" includes surveillance equipment. References 2. In this by-law, reference to any Act is reference to that Act as it is amended or re-enacted from time to time. Fortification By-law 2011-XXX Page 2 3. Unless otherwise specified, references in this by-law to sections and subsections are references to sections and subsections in this by-law. Word Usage 4. This by-law shall be read with all changes in gender or number as the context may require. 5. A grammatical variation of a word or expression defined has a corresponding meaning. Conflict 6. If a provision of this by-law conflicts with a provision of the Building Code under the Building Code Act, 1992, the Building Code prevails. Application 7. This by-law applies to all land within the Municipality unless specifically exempted by this By-law. Part 2 -PROHIBITIONS Fortification 8. (1) No person shall construct any excessive fortification on land. (2) In this section, "excessive fortification" includes the construction of, (a) steel plates, steel bars, bullet-resistant shutters, laminated glass or heavy gauge wire mesh to a window, door or any other opening on any level of any building or structure other than the basement level of such building; (b) concrete block, brick, or other masonry or similar product to partially or completely obstruct or seal any window, door or other exterior entrance or egress to land; (c) steel sheeting or plates or other similar products to the interior or exterior walls of a building such as to reinforce walls or create a secondary wall such as to protect against firearms, artillery, explosives, vehicle contact, shock, and any other similar intrusions; (d) armour plated or reinforced doors, whether exterior or interior, designed to resist against impact of firearms artillery, explosives, battering rams, shock or vehicle contact; (e) pillars, cones or barriers constructed of concrete, steel, or any other material that are designed to obstruct, hinder, restrict, or deny access to land by conventional means of access or modes of transportation; and (f) an observation tower designed to enable a visual observation of surrounding areas beyond the perimeter of the land whether the tower is occupied by an individual or a surveillance camera or like equipment. Protective Elements 9. (1) No person shall construct excessive protective elements on land. Fortification By-law 2011-XXX Page 3 (2) In this section, "excessive protective elements" includes, (a) perimeter warning devices such as"laser eyes"or other types of advanced warning systems designed to forewarn of the encroachment onto the perimeter of land from adjoining lands or roadways but excluding similar constructions to forewarn of entry into a building on land; (b) electrified fencing or other similar barrier including hidden traps, electrified doors or windows, land mines or other explosive devices or any weapon or thing that may cause injury or death when triggered or activated; and (c) visual surveillance equipment, including video cameras, night vision systems, or electronic surveillance devices capable of permitting either stationary or scanned viewing or listening beyond the perimeter of the land. Part 3 -EXEMPTIONS Exempt Users 10. Sections 8 and 9 do not apply to any land solely occupied by, (a) a"financial institution"as defined in section 2 of the Bank Act, S.C. 1991,c.46; (b) a detention centre zoned for such use and otherwise permitted by law; (c) a "police service"as defined in section 2 of the Police Services Act, R.S.O. 1990, c. P.15 (d) the Royal Canadian Mounted Police; (e) the federal Department of National Defence; (f) the Ministry of the Attorney General for Ontario for the purpose of a courthouse; (g) a "school'as defined in subsection 1(1)of the Education Act, R.S.O. 1990, c. E.2; or (h) a "day nursery"as defined in subsection 1(1) of the Day Nurseries Act, R.S.O. 1990, c. D.2. Exempt Uses 11. Sections 8 and 9 do not prohibit, (a) the use or construction of commercially marketed security devices designed and applied to provide reasonable protection from theft or other criminal activity against a person or property of a person; (b) the reasonable use of protective elements such as a "laser eye"or other advance warning devices on windows or doors of a dwelling for the purpose of providing a warning to an occupant of the dwelling or of dispatching emergency services personnel where an entry into a dwelling has occurred; or Fortification By-law 2011-XXX Page 4 (c) a "normal farm practice"as defined in subsection 1(1) of the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1. Application for Exemption 12. Any person wishing to obtain a partial or complete exemption from the provisions of this by-law must file with the Chief Building Official a written application requesting an exemption which contains the following information: (a) date of construction; (b) proof that the applicant is the sole owner of the land or, alternatively, each owner's written authorization to submit the application; (c) legal description and municipal address of the land; (d) particulars of the existing use(s)of the land, and of the intended use(s) if any change in use is anticipated; (e) a sketch or survey of the land and all buildings on the land; (f) particulars of all existing and proposed fortification and protective elements including the date or dates of construction of existing fortification and protective elements; and (g) particulars of each exemption requested including the reasons for requesting the exemption. 13. The Chief Building Official shall review the actual or proposed construction and,for that purpose, may make any further inquiries of any person, agency, board, department, ministry or public body that he deems necessary and,further, may require the submission of additional information and documents at the applicant's expense. 14. In considering an exemption application, the Chief Building Official shall have regard for, (a) the provisions of any applicable site plan agreement; (b) special circumstances or conditions applying to the land or the use referred to in the application; (c) whether strict application of the provisions of this by-law would result in practical difficulties or unnecessary and unusual hardship for the applicant that would be inconsistent with the objectives of this by-law; (d) whether such special circumstances or conditions are existing and not created by the applicant; and (e) whether the general intent and purpose of this by-law is maintained. 15. The Chief Building Official may approve or refuse any exemption application and may impose any conditions upon an approval as he determines to be appropriate. Fortification By-law 2011-XXX Page 5 16. No person shall make a false or intentionally misleading recital of fact statement or representation in any application or other document required by this by-law. Part 4—ENFORCEMENT Definition 17. In this section, "Officer"means any employee, officer or agent of the Municipality whose duties include the enforcement of this by-law and any police officer as defined in section 2 of the Police Se►vices Act, R.S.O. 1990, c. P.15; Inspections 18. An Officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with. 19. No person shall prevent hinder or interfere or attempt to prevent hinder or interfere with an inspection undertaken by an Officer. Order to Comply 20. (1) Where an Officer is satisfied that there has been a contravention of any provision of this by-law, the Officer may issue an order requiring the owner of the land on which the contravention has occurred to correct the contravention by removing all or some of the fortification or protective elements. (2) An order shall set out, (a) reasonable particulars of the contravention; (b) the location of the land; (c) the general nature of the work required to be done to correct the contravention; and (d) the date by which the work must be done. (3) An order may be served by, (a) personally delivering it to the owner; (b) sending it by registered mail to the owner at the address of the owner shown on the last revised assessment roll for the property or the last known address of the owner; or (c) sending it by registered mail to the owner at the last known address of the owner. (4) If the address of an owner is unknown or the Municipality is unable to effect service on an owner in accordance with subsection (3), a placard setting out the terms of the order may be placed in a conspicuous place on or near the owner's land. (5) Service of an order under this section shall be deemed to have been effected on the date that it is delivered personally 3 days after it was mailed or the date that it is posted on the property as the case may be. Fortification By-law 2011-XXX Page 6 Existing Fortifications 21. If an order is issued under section 20 with respect to fortifications or protective elements that were present on the land on the day this by-law is passed, such order shall give not less than three months to complete the work. Failure to Comply 22. No person shall fail to comply with an order issued under this by-law. Remedial Action 23. (1) Where an order has been issued and compliance has not been achieved by the date specified in the order, the Municipality may cause the work set out in the order to be done. (2) The Municipality may recover all costs of doing any work undertaken pursuant to subsection (1)together with an administration charge equal to 25% of such costs from the owner by adding the costs to the tax roll for the land and collecting them in the same manner as property taxes. Offences and Penalties 24. Every person who contravenes any provision of this by-law guilty of an offence upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33. Part 5 -GENERAL Short Title 25. This by-law may be cited as the "Fortification By-law". Effective Date 26. This by-law comes into effect on the date of its passing. By-law approved this day of 12011. Mayor Adrian Foster Patti L Barrie Municipal Clerk