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HomeMy WebLinkAbout2013-036 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2013-036 being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect to sewage systems NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows- 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Clarington, 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-LAW passed in open session this 25th day of March, 2013. Willie Woo, Deputy Mayor ~i jai , Municipal Clerk SEWAGE SYSTEM MANAGEMENT AGREEMENT THIS AGREEMENT dated as of the 1st day of April, 2013 BETWEEN: THE REGIONAL MUNICIPALITY OF DURHAM - and - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (the "Municipality") WHEREAS the Region and the Municipality entered into an agreement, dated April 1, 2013 expiring March 31, 2016, for the purpose of delegating to the Region the enforcement of certain responsibilities under the Building Code Act, 9992, S.O. 1992, c. 23, as amended (the "Act") and Building Code made thereunder relating to Sewage Systems, pursuant to subsection 6.2(1) of the Act; AND WHEREAS the parties are desirous of executing a renewal agreement for a further three (3) year term; NOW THEREFORE, in consideration of the mutual covenants herein contained, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: ARTICLE ONE APPLICATION Section 1.01 - Application This Agreement shall be applicable to all lands where access to municipal sewerslinfrastructure is unavailable in 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 DEFINITIONS Section 2.01 - Definitions In this Agreement, (i) "Sewage System" means, (a) a chemical toilet, an incinerating toilet, a recirculating toilet, a self-contained portable toilet and all forms of privy including portable privy, a pail privy, a privy vault and a composting toilet system, (b) A greywater system, (c) A cesspool, (d) A leaching bed system, or (e) A system that requires or uses a holding tank for the retention of hauled sewage at the site where it is produced before its collection by a hauled sewage system, Where these, (f) have a design capacity of 10,000 litres per day or less, (g) have, in total, a design capacity of 10,000 litres per day or less, (h) where more than one of these are located on a lot or parcel of land, and (i) are located wholly within the boundaries of the lot or parcel of land on which is located the building or buildings they serve. (ii) "Inspector" means an inspector appointed under subsection 6.2(3) of the Act; (iii) "Building Code" means Regulation 350/06 made under the Act. ARTICLE THREE SERVICES OF THE HEALTH DEPARTMENT Section 3.01 — Services 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, including compliance with the Region of Durham "Drilled Wells and Lot Sizing Policies as Applied to Consents (Severances) and Draft Plans of Subdivision", October 2010 as amended. (ii) Inspect properties prior to the issuance of a building permit under the Act or Building Code for the construction, installation, establishment, enlargement, extension, repair or alteration of a Sewage System; (iii) Issue building permits under the Act and Building Code relating to Sewage Systems; (iv) Following the issuance of a building permit under the Act or Building Code, inspect and re-inspect, when necessary, Sewage Systems to ascertain compliance with the building permit and other requirements under the Act or Building Code; (v) Carry out land inspections to determine the acceptability of applications and provide reports and comments directly to the appropriate authority for minor variances, site plans, rezoning, official plan amendments, consents/severances, and building additions to ensure compliance with provisions of the Act and Building Code as they relate to existing and proposed Sewage Systems; (vi) Receive and process building permit applications and inspections within the timeframes established in Division C of the Building Code related to activities listed in paragraphs (i) through (v) of this section; (vii) Review all pertinent documents to ensure compliance with all applicable legislation, policies and guidelines relating to Sewage Systems; (viii) Attend meetings of Municipal Council and their committees to discuss matters relating to Sewage Systems; (ix) As an agent for the Municipality, maintain adequate records of all documents and other materials used in performing the duties required under this Agreement. Such records to be maintained in accordance with the Region of Durham's Record Retention Policy as contained in the Region of Durham's by-laws; (x) Upon reasonable notice by the Municipality, provide reasonable access to the Municipality of all records kept under subsection 3.01(ix) above; (xi) Consult with various groups regarding compliance with provisions relating to Sewage Systems; (xii) 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; (xiii) Investigate complaints and malfunctioning Sewage Systems, undertake compliance counselling and preparation of reports for abatement action as they relate to existing and proposed Sewage Systems; (xiv) Issue orders under the Act relating to Sewage Systems; (xv) Prepare documentation necessary for 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. (xvi) Provide all forms necessary for the administration of this Agreement; (xvii) Provide any other matters related to the administration or enforcement of the Act or Building Code relating to Sewage Systems. (xiii) Attendance at hearings of the Ontario Municipal Board, and other tribunals, as required. Section 3.02 —Maintenance Inspections Not Included Nothing in this contract provides for the provision by the Health Department of any services related to maintenance inspections, re-inspections or other related services which may be required under any discretionary or mandatory re-inspection program which may be undertaken by the Municipality. In the event that such is desired or required by the Municipality during the term of this Agreement a separate Agreement will be required to provide for those services. ARTICLE FOUR FEES Section 4.01 - Collection of Fees The Regional Council agrees to pass an amending by-law requiring the payment of fees on applications for and issuance of permits and other services as set out in Schedule "A". The fees will be collected by the Health Department at the time of the application. In the alternative, the Municipality shall collect the fees on behalf of the Region and remit the fees collected to the Health Department together with the completed application to which the fees apply. Section 4.02 - Collection of Fee Schedule The Regional Council shall have the sole discretion, acting reasonably, to further amend the fees as set out in Schedule A from time to time. Section 4.03 — Surplus Proceeds If the revenues collected exceed the expenditures for the services provided under this Agreement, the surplus shall be remitted to the general revenues of the Region of Durham. ARTICLE FIVE INSPECTORS Section 5.01 — Qualifications of Inspectors The Municipality agrees that only Health Department personnel meeting the following qualifications shall be employed as an Inspector for the purposes of this Agreement: (a) a person qualified to be employed as a full time certified Public Health Inspector (CPHI(C)); and (b) a person qualified as a sewage systems inspector prescribed by the Ontario Building Code. Section 5.02 -Appointment of Inspectors The Regional Council shall be responsible for the appointment of all Inspectors for the purposes of this Agreement pursuant to subsection 6.2(3) of the Act. The Regional Clerk shall issue a certificate of appointment bearing the signature, or reasonable facsimile, of each inspector appointed by the Regional Council. ARTICLE SIX INDEMNIFICATION AND INSURANCE Section 6.01 - Indemnification 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 Health Department in executing the work under this Agreement, provided such claims are caused by errors, negligent acts or omissions of the Health Department employees appointed pursuant to this Agreement (including authorized agents and contractors for whom the Region is in law responsible), and expressly excluding any claims, demands, losses, costs, damages, actions, suits or proceedings attributable, in whole or in part, to the errors, negligent acts or omissions of the Municipality(including authorized agents and contractors for whom the Municipality is in law responsible). Section 6.02 - Insurance For the term of this Agreement, the Region will, at its expense, maintain liability insurance contracts of the nature, in the amounts and containing the terms and conditions, if any, set out in Schedule B. ARTICLE SEVEN TERM AND TERMINATION Section 7.01 - Term This Agreement shall continue in force for a period of three years commencing April 1, 2013 and ending March 31, 2016. Section 7.02 -Termination The Municipality may terminate this Agreement on 180 days written notice if the Health Department does not: (a) adhere to the provisions of the Act and Regulations; or (b) exercise any discretionary powers of an approval authority, acting reasonably, in the public interest; and the Health Department has not taken steps satisfactory to the Municipality within the 180-day period to remedy the matter complained of in the written notice. Section 7.03 — General Termination Either party may terminate this Agreement with not less than 180 days notice. Section 7.04— Records on Termination In the event of the termination of this Agreement or where a Municipality does not renew or enter into a subsequent Agreement for the provision of the services, the Health Department shall provide to the Municipality all records kept under subsection 3.01(x). 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 consent of the other party being first obtained. Section 8.05 - 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: (a) To the Health Department: The Regional Municipality of Durham Health Department 605 Rossland Rd. E Whitby, Ontario L1 N 6A3 Attention: Medical Officer of Health (b) To the Municipality: The Corporation of the Municipality of Clarington 40 Temperance St Bowmanville, ON L1 C 3A6 Attention: Patti L. Barrie 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 8.06 - 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 8.07— Binding Effect and Enurement This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective heirs, executors, administrators and successors (including successors brought about by municipal reorganization or restructuring), and to the extent permitted hereunder, their permitted assigns. Section 8.08 - Waiver No party will be deemed to have waived the exercise of any right that it holds under this Agreement unless such waiver is made in writing. No waiver made with respect to any instance involving the exercise of any other instance will be deemed to be a waiver with respect to any other instance involving the exercise of the right of with respect to any other such right. Section 8.09 -.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. IN WITNESS WHEREOF the parties have executed this Agreement. THE REGIONAL MU C ALITY OF DURHAM Per: R4er Anderson, Regional Chair Per: Ac-)-C xev D.-BOMEN,ACUNG REGUAL CLERK MUNICIPALITY 07:RIN?7N Per: Willi o , DeRity Mayor Per: a ar Municipal Clerk SCHEDULE "A" OBC ACTIVITIES 2013-2015 USER FEES 2013 2014 2015 Residential $824.00 $848.00 $874.00 Occupancy Class 4 and 5 systems (Building other <4,500 L/day <4,500 L/day <4,500 L/day Permit for sewage system) Occupancies $824.00 $848.00 $874.00 9 Y ) (non-residential, commercial, industrial, >4,500 -10,000 >4,500 -10,000 >4,500 -10,000 institutional) L/day$1,751.00 L/day$1,803.00 L/day$1,857.00 Class 2 and 3 systems, and Building Permit for treatment All Occupancies $412.00 $424.00 $437.00 unit/tank replacement only Building Additions per application $200.00 $206.00 $212.00 Building Permit for sewage per application $154.00 $159.00 $164.00 system extension 1 ear REGION ACTIVITIES Fees for Fees for Fees for 2013 2014 2015 Lot Consents (Severances) per application $463.00 $477.00 $491.00 (severed parcel and retained parcel) New application-plans of per lot creation $334.00 $344.00 $355.00 Subdivision Draft Plans of Subdivision- had per lot creation $334.00 $344.00 $355.00 not received draft approval & application processed prior to 1998 requiring reassessment Draft Plans of Subdivision- per lot creation $231.00 $238.00 $245.00 received draft plan approval & application processed prior to 1998 requiring reassessment (note:subdivision assessment involves reviewing geo-technical,hydro- geological,and peer review reports) Rezonings, Official Plan per application $231.00 $238.00 $245.00 Amendments, Minor Variances, Site-servicing Plans Lawyers' written requests per request $231.00 $238.00 $245.00 Examine Peer Review reports per initial report $231.00 $238.00 $245.00 per follow-up $100.00 $103.00 $106.00 report(s) SCHEDULE "B" The Region shall maintain in full force and effect during the term of this Agreement a policy of commercial general liability insurance providing coverage for a limit of not less than five million ($5,000,000) dollars for each occurrence of a claim of liability against the Region, its officers or employees under this Agreement.