HomeMy WebLinkAboutCS 05-05 REPORT TO
EXECUTIVE COMMITTEE
Report Number: CS 05-05
Date: February 1, 2005
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
Amendment to Property Standards By-law
- Accessibility Maintenance Standards for Persons with Disabilities
Recommendation:
That Corporate Services Report CS 05-05 respecting an amendment to the
Property Standards By-law to provide for accessibility maintenance standards for
persons with disabilities be received.
That the draft by-law to amend By-law Number 5943/02 (Property Standards) to
provide for enforcement with particular regard to the Ontarians with Disabilities
Act, 2001 be enacted.
That the appropriate officials of the City of Pickering be authorized to take the
necessary actions to give effect thereto.
Executive Summary:
This Report provides for the implementation of the direction given in Resolution #110/04
passed on July 26, 2004 to provide amendments to the City's Property Standards By-
law that will prescribe barrier free requirements and accessibility maintenance
standards for existing buildings in order to accommodate accessibility by persons with
disabilities.
Financial Implications: Not applicable
Background:
Please be advised that Council passed the following resolution at its meeting of July 26,
2004:
Report CS 05-05
Accessibility Maintenance Standards for Persons with Disabilities
February 1,2005
Page 2
WHEREAS the accessibility of buildings and facilities to all residents of
Pickering, including those with disabilities, is important to the residents
and City of Pickering; and
WHEREAS the Ontarians with Disabilities Act, 2001 was enacted to enable
persons with disabilities to participate fully and equally in all aspects of
Ontario life by creating a barrier-free society through the elimination of all
existing barriers and the prevention of new ones; and
WHEREAS the Ontario Building Code requires all new buildings to meet
barrier free accessibility standards; and
WHEREAS the Ontario Building Code does not address existing buildings
or the ongoing maintenance of accessibility standards such as automatic
door openers and washroom facilities to accommodate accessibility by
persons with disabilities;
NOW THEREFORE the Council of the Corporation of the City of Pickering
hereby directs City staff to investigate amendments to the City's Property
Standards By-law which will prescribe barrier free requirements and
accessibility maintenance standards for existing buildings, in order to
accommodate accessibility by persons with disabilities; and
FURTHER THAT in investigating proposed by-law amendments, City staff
consult with the City of Pickering's Accessibility Advisory Committee and
prepare a report describing recommended amendments for Council's
consideration before the end of 2004.
Presently, the Ontarians with Disabilities Act, 2001 requires the municipality to prepare
an accessibility plan that addresses the identification, removal and prevention of
barriers to persons with disabilities in the municipality's by-laws and in its policies,
programs, practices and services. The Act also requires that Council establish an
Accessibility Advisory Committee whose duty it is to advise Council about the
preparation, implementation and effectiveness of its Accessibility Plan. The Committee
is also mandated to advise Council on the accessibility for persons with disabilities to
municipal facilities and to review site plans.
One of the shortfalls of the Ontarians with Disabilities Act, 2001 is that it does not
address maintenance standards as they affect persons with disabilities in privately
owned buildings that are open to the public. On October 12, 2004, the Province gave
first reading to Bill 118 known as the Accessibility for Ontarians with Disabilities Act,
2004, that is much broader in scope than the previous legislation and would include the
private sector for the first time. Also, Bill 118 will require demonstrated action, not just
planning and includes tangible standards to measure results.
Report CS 05-05
Accessibility Maintenance Standards for Persons with Disabilities
February 1, 2005
Page 3
Under Bill 118, people with disabilities, stakeholders and the Provincial Government
would develop standards that could deal with such measures as the width of aisles in
buildings, staff training in serving customers with disabilities, large print menus or
adaptive technology in the workplace. These standards would also address the full
range of disabilities and barriers including physical, mental, sensory, developmental and
learning disabilities.
Until Bill 118 is finally enacted and given Royal Assent, there is very little proactive
measures that the municipality can take with respect to maintenance standards as they
affect persons with disabilities in privately owned buildings that are open to the public.
The City can ensure that its Property Standards By-law is enforced with regard to how it
affects persons with disabilities. For example, Section 67 of the Property Standards By-
law states:
"Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and
electrical heating systems shall be installed and kept in good repair and free from any
unsafe condition."
With respect to the automatic doors that are found at most commercial buildings, the
City could take proactive enforcement actions under the above Section to inspect such
doors and if they are not working, an Order could be issued to the property owner to
have the doors repaired in a timely manner so that the building would be easily
accessible for persons with disabilities.
Attached to this Report is a draft by-law that would amend the Administration and
Enforcement provisions of the Property Standards By-law to state that the By-law shall
be enforced with particular regard to the Ontarians with Disabilities Act, 2001, to ensure
that accessibility standards are maintained for existing buildings in order to
accommodate accessibility by persons with disabilities.
This Report and attached draft by-law was reviewed by the Accessibility Advisory
Committee at its meeting of January 26, 2005 and they are in support of it.
Attachments:
1. Draft by-law to amend the Property Standards By-law
I~'ruce Taylor
City Clerk
Approved / Endorsed By:
Gillis A. Paterson
Director, Corporate Services & Treasurer
Report CS 05-05
Accessibility Maintenance Standards for Persons with Disabilities
February 1, 2005
Page 4
Attachment
Copy: Chief Administrative Officer
(Acting) Chief Administrative Officer
Chief Building Official
Recommended for the consideration of
Pickering City Council
Thom~'J. (~ui~, Chi~'Adminis-~ bf}ice¢"~
/'
~.,TTACHHE,.:i ¢~
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to amend By-law Number
5943/02 for prescribing standards for the
maintenance and occupancy of property with
the City of Pickering.
WHEREAS the Council of the Corporation of the City of Picketing enacted By-law
Number 5943~02 on January 21, 2002 for prescribing standards for the maintenance
and occupancy of property within the City of Picketing; and
WHEREAS by Resolution #110/04 passed by Council on July 26, 2004, staff was
directed to investigate amendments to the City's Property Standards By-law that would
prescribe barrier free requirements and accessibility maintenance standards for existing
buildings in order to accommodate accessibility by persons with disabilities;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
Section 124 of By-law Number 5943/02 is hereby deleted and the following is
substituted therefore:
124. a)
b)
Where a provision of this By-law conflicts with a provision of any
other By-law of the City or any applicable statute or regulation, the
provisions that establishes the higher standards to protect the
health, safety and welfare of the general public shall prevail.
This By-law shall be enforced with particular regard to the
Ontadans with Disabilities Act, 2001, to ensure that accessibility
standards are maintained for existing buildings in order to
accommodate accessibility by persons with disabilities.
BY-LAW read a first, second and third time and finally passed this 21st day of February,
2005.
David Ryan, Mayor
Bruce Taylor, Clerk