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Home My WebLink AboutCS 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