Loading...
HomeMy WebLinkAboutPD-12-85 �.0/v` CORPORATION OF THE TOWN OF NEWCASTLE PLANNING AND DEVELOPMENT DEPARTMENT T.T.EDWARDS,M.C.I.P.,Director HAMPTON,ONTARIO LOB 1,10 TEL.(416)263.2231 CONFIDENTIAL REPORT TO THE COUNCIL MEETING OF JANUARY 14, 1985 REPORT NO. : PD-12-85 SUBJECT: PLUMBING INSPECTIONS WILMOT CREEK MOBILE HOME PARK OUR FILE: DEV 80-3 RECOMMENDATION: It is respectfully recommended to Council the following: 1 . That Report PD-12-85 be received for information. BACKGROUND AND COMMENTS: In late September, 1984, the Town 's Plumbing Inspector brought to my attention the fact that a number of dwellings in the Wilmot Creek Mobile Home Park were being occupied without benefit of plumbing inspections contrary to the provisions of the Ontario Plumbing Code. Paragraph 41 of Ontario Regulation 736/80 stipulates that "plumbing shall not be put into use until it has been inspected and found to conform". Staff note that the uninspected lots are also in contravention of Municipal By-law 74-37, which is a by-law to provide for the inspection of plumbing and the enforcement of the regulations respecting the Plumbing Code made under the Ontario Water Resources Commission Act. Mr. Kilpatrick has indicated that approximately forty (40) units r�r?� CONFIDENTIAL REPORT NO. : PD-12-85 Page 2 have been completed and occupied without benefit of the necessary plumbing inspections of the building sewers or the private sewers connecting to the public system. On October 4, 1984, I met with Mr. Dave Rice of Ridge Pine Park Inc. to discuss the difficulties that we were encountering, as well as the requirements of the Ontario Plumbing Code. At this meeting, Mr. Rice identified two (2) issues of concern relative to plumbing inspections; the first being whether or not the Town has responsibility for these inspections, and the second being the method of inspection. With respect to the first issue, Staff have been advised by the Ministry of Environment that their approvals have only been granted in respect of works external to the site. Ministry of Municipal Affairs and Housing, Building Code Branch Staff, indicate that unless the system is approved by the Ministry of Environment, it is considered plumbing and subject to the Ontario Regulations for plumbing inspections. Staff, therefore, indicated that it was our position that all sewer and water works internal to the site, were subject to inspection by the Town's inspectors. Staff note that, effective December 21 , 1984, a new Plumbing Code was filed as Regulation 815/84. This regulation replaces the previous Plumbing Code with the exception that any plumbing system, for which a permit had been issued prior to December 21 , 1984, or for which working drawings had been substantially completed before December 21 , 1984, and for which an application for a permit is made by March 21 , 1985, would be subject to the provisions of the previous Plumbing Code provided that such plumbing systems are commenced within six (6) months of the issuance of a permit. . . .3 CONFIDENTIAL REPORT NO. : PD-12-85 Page 3 Staff would note that the new Plumbing Code specifically removes private sewer systems and water supply systems from the jurisdiction of a municipality unless they comply with the above-noted exceptions. By letter of January 7 , 1985, the Town has been advised by the Ministry of Environment and the Ministry of Municipal Affairs and Housing that such systems would no longer be considered as plumbing, thereby reinforcing the Town' s position that all works done to date, regardless of ownership, are subject to plumbing inspection. i With respect to the matter of inspection, the Plumbing Code is very specific and the method proposed by the applicant for testing systems is not permitted by Ontario Regulations. Staff, therefore, indicated that this method was unacceptable to the municipality. These discussions were confirmed by letter of October 5, 1984, and on October 24, 1984, a meeting was convened between the Town, the Town ' s Solicitor, and representatives of Ridge Pine Park Inc. At this meeting it was suggested by Ridge Pine Park that, while they did not feel the Town had authority to request inspections because it was a private system, they would comply with the Town' s request that all plumbing be inspected. To date, Staff are unaware of any further instances where the Town' s inspection requirements have been circumvented or resisted. This issue aside, there remains the question of inspections for those units which have been completed and occupied, as well as the question of inspection of works other than the building sewers. In response to the Town 's request, Ridge Pine Park Inc. undertook to provide us with a list of all units which had not been inspected, as well as Engineering Certificates for plumbing works other than the building sewers located within the Mobile Home Park. . . .4 CONFIDENTIAL REPORT NO. : PD-12-85 Page 4 On November 16, 1984, Staff received the requested information as well as a proposal that the Town select eight (8) sites which would be excavated and inspected by our officials. It was their undertaking that, if the inspections proved satisfactory, no further excavations would be required, however, if any fault was found, they would excavate an additional three (3) units for each faulty construction identified. In addition, they proposed to provide the Town with an Idemnity Agreement in respect of any of the works located within the site. After reviewing this ,proposal with the Town Solicitor and the Town' s Administrator, Staff responded to Ridge Pine Park Inc. that their proposal was unacceptable and submitted that the Town would select ten (10) of the sites to be excavated in the presence of our inspector, and if these prove satisfactory, no further excavation would be required. If, however, fault were found in any of the works, all of the remaining sites would be excavated for inspection. By letter of December 19, 1984, Ridge Pine Park Inc. expressed concern over the Town 's request. It was their position that this would be time consuming and extremely expensive. As an alternative, they are suggesting that reasonable indemnification be provided since they are private facilities. In order to further respond to Ridge Pine Park, Staff have convened a meeting for later this month, at which time we hope to resolve this matter to the Town' s satisfaction. In that regard, Staff are proposing to continue to press for excavation and inspection of at least ten (10) of the sites with further excavation being contingent upon the outcome of those inspections. It is Staff's opinion that, if any fault . . .5 CONFIDENTIAL REPORT NO. : PD-12-85 Page 5 is discovered in the works, this would be sufficient to warrant excavation of all other uninspected works not covered by a Certificate of Approval from the Owner's Engineer. The Ontario Plumbing Regulations are very specific and clearly indicate that the municipality has an obligation and responsibility to inspect all plumbing systems located within the municipality. There is no room for interpretation and applying the letter of the law, the Town should require that all uninspected sites be- excavated and properly inspected and any faults corrected. Town Staff, with the Solicitor's concurrence, are willing, however, to recommend that a spot checking procedure be undertaken provided that sites to be checked are selected by the Town Staff and further, provided that any faults will be corrected and all other uninspected sites, then excavated and inspected. If the works have, in fact, been installed correctly and in accordance with Ontario Regulations, this approach should not present any hardship to the developer. However, if there are faults in the works, it is incumbent upon the municipality to ensure that they are corrected as soon as possible and in accordance with Provincial regulations. In the absence of a specific Council Resolution to the contrary, Staff will pursue the aforementioned proposed method of dealing with uninspected works and will , if necessary, take further steps to ensure compliance and including the initiation of legal proceedings as may be warranted pursuant to the applicable legislation. Respect fitted, T.T. Edwards, M.C.I.P. Director of Planning TTE*j i p January 10, 1985