3.             LICENSING BY-LAW - HARMONIZATION - ROOMING HOUSEs

 

HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS
D'ENTREPRISE - MAISONS DE CHAMBRES

 

 

Committee Recommendations as amended

 

That Council:

 

1.         approve amendments to the Licensing By-law No. 2002-189, as amended, to take effect September 1, 2008, as detailed in Document 1, as follows:

(a)        establish harmonized regulations for the licensing and regulating of Rooming Houses, including the delegation of authority to the Chief License Inspector to impose conditions on a license to ensure public safety;

(b)        provide for the necessary administrative amendments, including but not limited to new definitions, fees and expiry date, as well as transition provisions;

 

2.         repeal Schedule No. 31 to Licensing By-law Number L6-2000 of the former City of Ottawa related to rooming houses;

 

3.         approve that Schedule 31 (Rooming Houses) to By-law L6-2000 of the old City of Ottawa be amended to remove the requirement for approval/inspection by the Electrical Safety Authority (Section 2f);

 

4.         approve that the requirement for a “functioning telephone accessible to tenants” be deleted;

 

5.         approve that staff come back with a strategy to educate and support landlords (whether they are problematic or not), including a “Landlord School”; and,

 

6.         approve that the fees begin with $150.00 for rooming houses (4-10 rooming units) with an increase of $50.00 for each category that follows.

 


 

 

Recommandations modifiées du comité

 

Que le Conseil :

 

1.         approuve les modifications apportées au Règlement municipal 2002-189 sur les permis d'entreprise, qui sont décrites en détail dans le document 1, qui doivent entrer en vigueur le 1er septembre 2008 et qui auront pour effet :

(a)        établisse un règlement harmonisé pour la délivrance de permis aux maisons de chambres et la réglementation de leurs activités, notamment les instruments de délégation de pouvoirs à l’inspecteur en chef des permis lui permettant d’imposer les conditions des permis pour veiller à la sécurité publique;

(b)        permette les modifications administratives nécessaires, y compris mais sans s'y limiter, de nouvelles définitions et les catégories, droits et dates d'expiration s'y rattachant, ainsi que des dispositions de transition;

 

2.         abroge l’annexe 31 du Règlement municipal L6-2000 sur les permis d'entreprise de l’ancienne Ville d’Ottawa ayant trait aux maisons de chambres;

 

3.         approuve que l’Annexe 31 (Maisons de chambres) du Règlement L6-2000 de l’ancienne Ville d’Ottawa soit modifiée afin de retirer l’exigence relative à l’approbation ou à l’inspection de l’Office de la sécurité des installations électriques (article 2f);

 

4.         approuve que l’exigence relative à « un téléphone fonctionnel accessible aux locataires » soit supprimée;

 

5.         approuve que le personnel présente une stratégie visant à éduquer et à appuyer les propriétaires (qu’ils causent un problème ou non), y compris une « école pour propriétaires »;

 

6.         approuve que les droits commencent à 150 $ pour les maisons de chambres (comprenant de quatre à dix chambres) avec une augmentation de 50 $ pour chaque catégorie qui suit.

 

 

 

 

Documentation

 

1.   Deputy City Manager's report (Community and Protective Services) dated 8 May  2008 (ACS2008-CPS-BYL-0023).

 

2.   Extract of Draft Minute, 15 May 2008 will be issued prior to Council.


Report to/Rapport au :

 

Community and Protective Services Committee

Comité des services communautaires et de protection

 

and Council / et au Conseil

 

8 May 2008 / le 8 mai 2008

 

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/

Directeur municipal adjoint,

Community and Protective Services/Services communautaires et de protection

 

Contact Person/Personne ressource : Susan Jones, Director/Directrice

By-law and Regulatory Services/Services des règlements municipaux

(613) 580-2424 x25536, susan.jones@ottawa.ca

 

City Wide / À l'échelle de la ville 

Ref N°: ACS2008-CPS-BYL-0023

 

 

SUBJECT:

LICENSING BY-LAW - HARMONIZATION - ROOMING HOUSEs

 

 

OBJET :

HARMONISATION DU RÈGLEMENT MUNICIPAL SUR LES PERMIS D'ENTREPRISE - LES MAISONS DE CHAMBRES

 

 

REPORT RECOMMENDATIONS

 

That the Community and Protective Services Committee recommend Council:

 

1.   approve amendments to the Licensing By-law No. 2002-189, as amended, to take effect September 1, 2008, as detailed in Document 1, as follows:

(a)  establish harmonized regulations for the licensing and regulating of Rooming Houses, including the delegation of authority to the Chief License Inspector to impose conditions on a license to ensure public safety;

(b)  provide for the necessary administrative amendments, including but not limited to new definitions, fees and expiry date, as well as transition provisions; and,

2.   repeal Schedule No. 31 to Licensing By-law Number L6-2000 of the former City of Ottawa related to rooming houses.

 

RECOMMENDATIONS DU RAPPORT

 

Que le Comité des services communautaires et de protection recommande au Conseil :

 

1.   d'approuver les modifications apportées au Règlement municipal 2002-189 sur les permis d'entreprise, qui sont décrites en détail dans le document 1, qui doivent entrer en vigueur le 1er septembre 2008 et qui auront pour effet :

(a)  d'établir un règlement harmonisé pour la délivrance de permis aux maisons de chambres et la réglementation de leurs activités, notamment les instruments de délégation de pouvoirs à l’inspecteur en chef des permis lui permettant d’imposer les conditions des permis pour veiller à la sécurité publique;

(b)  de permettre les modifications administratives nécessaires, y compris mais sans s'y limiter, de nouvelles définitions et les catégories, droits et dates d'expiration s'y rattachant, ainsi que des dispositions de transition;

2.   d'abroger l’annexe 31 du Règlement municipal L6-2000 sur les permis d'entreprise de l’ancienne Ville d’Ottawa ayant trait aux maisons de chambres.

 

 

EXECUTIVE SUMMARY

 

Just prior to amalgamation in 2000, former Ottawa enacted rooming house regulations in the form of a schedule to Licensing By-law L6-2000.  The regulations act to set some standards for rooming houses with a view to protecting their tenants.  The regulations continue to be in place but apply only to rooming houses within the boundaries of former Ottawa.  Further, the Homelessness and the Safe Streets Act Task Force in 2005 recommended that the City review the conditions of rooming houses within the City to address the unsafe conditions, safety and dangerous factors that have an impact on people who are homeless or at risk of homelessness, by implementing strict by-laws to apply to rooming houses.

 

Harmonized rooming house licensing regulations to apply City-wide are proposed to ensure that all rooming houses are licensed for both tenant and public safety and to give effect to the recommendations of the Homelessness and the Safe Streets Act Task Force.

 

The primary differences between the existing rooming house licensing regulations and those being proposed are:

·        elimination of Electrical Safety Authority approval which is very onerous to obtain but, can be replaced through other more accessible mechanisms;

·        addition of a Police Records Check for Service with the Vulnerable Sector for the license applicant and proof of insurance as requirements of licensing;

·        less onerous approvals as part of the renewal process but, with provision for requiring additional ones as circumstances warrant;

·        some additional general regulations to promote tenant and public safety;

·        a new license fee structure based on the number of units in a rooming house, with a nominal increase to the existing fee as the lowest fee category.

 

Existing rooming house operators, Business Improvement Areas, the Business Advisory Committee, community associations, individuals/organizations having expressed interest in the subject matter in the past, and the general public were notified of and invited to comment on the proposed harmonized regulations.  There seemed to be general agreement amongst the majority of respondents that licensing of rooming houses is necessary.  There was some concern however that some of the requirements were onerous, including the licensing fees.  Comments have been considered in developing the proposed by-law attached as Document 1, where feasible.

 

 

RÉSUMÉ

 

Juste avant la fusion de 2000, l’ancienne Ville d’Ottawa a promulgué le règlement concernant les maisons de chambres sous forme d’une annexe au Règlement municipal L6‑2000 sur les permis. Le Règlement avait pour but d’établir certaines normes concernant les maisons de chambres, afin de protéger les locataires. Le Règlement est toujours en place, mais s’applique seulement aux maisons de chambres situées à l’intérieur des limites de l’ancienne Ville d’Ottawa. De plus, en 2005, le Groupe de travail sur les sans-abris et la Loi sur la sécurité dans les rues ont recommandé à la Ville d’examiner les conditions visant les maisons de chambres de la Ville pour aborder les conditions dangereuses, la sécurité et les facteurs de risque qui ont une incidence sur les sans-abris ou les personnes à risque de devenir sans-abri, en mettant en œuvre des règlements municipaux stricts s’appliquant aux maisons de chambres.

 

Le Règlement harmonisé sur les permis concernant les maisons de chambres, qui doit s’appliquer à toute la Ville, est proposé pour veiller à ce que toutes les maisons de chambres disposent d’un permis relatif tant aux locataires qu’à la sécurité publique. Il vise également à entériner les recommandations du Groupe de travail sur les sans-abris et la Loi sur la sécurité dans les rues.

 

Les principales différences entre le Règlement actuel sur les permis concernant les maisons de chambres et celui proposé sont les suivantes :

·        Élimination de l’approbation de l’Office de la sécurité des installations électriques, qui coûte très cher, mais qui peut être remplacée par d’autres mécanismes plus accessibles;

·        Ajout d’une vérification du dossier judiciaire pour les personnes travaillant dans le secteur sensible de la population, dans le cas des demandeurs de permis, et d’une preuve d’assurance à titre d’exigence relative au permis;

·        Approbations moins coûteuses dans le cadre du processus de renouvellement, mais comportant une disposition qui en exige plus lorsque les circonstances le justifient;

·        Des règlements généraux supplémentaires pour promouvoir la sécurité des locataires et du public;

·        Nouvelle tarification relative au permis fondée sur le nombre d’unités de la maison de chambres, comportant une augmentation nominale des tarifs actuels de la catégorie de prix la moins élevée.

 

Les propriétaires de maisons de chambres, les zones d’améliorations commerciales, le Comité consultatif sur les affaires, les associations communautaires, les particuliers et les organismes qui se sont montrés intéressés à ce sujet dans le passé, de même que le grand public, ont été avertis. De plus, ils ont été invites à commenter le règlement harmonisé proposé. Il semble que la majorité des répondants se soient montrés d’accord sur la nécessité d’établir des permis relatifs aux maisons de chambres. Cependant, certains se sont dits préoccupés du caractère onéreux de certaines exigences, notamment les droits de permis. Les commentaires ont été pris en compte dans la mesure du possible lors de l’élaboration du Règlement municipal proposé, joint à titre de document 1.

 

 

BACKGROUND

 

Just prior to amalgamation in 2000, former Ottawa enacted rooming house regulations in the form of a schedule to Licensing By-law L6-2000.  The regulations set some standards for rooming houses with a view to protecting their tenants.  The regulations continue to be in place but apply only to rooming houses within the boundaries of former Ottawa.  Municipalities continue to have the legal authority to license and regulate rooming houses, as outlined by Section 151 of the Municipal Act, 2001.

 

Rooming houses fall under the Residential Tenancies Act, 2006 (formerly under the Tenant Protection Act) and are private or non-profit residential premises where four or more rooms are available for rent.  For many low-income persons, particularly those who are single, rooming houses are an appropriate, affordable housing alternative.  There are currently approximately 160 confirmed rooming houses, mostly within the former City of Ottawa, with about 1760 rooming units verified by City of Ottawa staff.  Health inspections occur annually and other inspections bi-annually once a rooming house is licensed.  In addition, inspections by all agencies can occur in between if a complaint is filed.

 

There is concern that, despite efforts to increase the quality of rooming house accommodations, a portion of the current rooming house stock continues to experience building and fire code violations which, combined with a lack of security for residents, may result in unsafe accommodations.  Approximately 86% of the current rooming house stock is over seventy years old.  A Rooming House Response Team has been in place for a number of years with a view to inspecting rooming houses City-wide to ensure, among other things, that safe conditions are in place.

 

Further, the Homelessness and the Safe Streets Act Task Force in 2005 recommended, among other things, that the City be “directed to review the conditions of all rooming houses within the City, to address the unsafe conditions, safety and dangerous factors that have an impact on people who are homeless or at risk of homelessness, by implementing strict By Laws to adhere to.”

 

Harmonized rooming house licensing regulations to apply City-wide are necessary to ensure that all rooming houses are regulated for tenant and public safety, and that there is an enforcement mechanism to support the work of the Rooming House Response Team.  The proposed by-law also gives effect to the recommendations of the Homelessness and the Safe Streets Act Task Force.

 

 


DISCUSSION

 

Existing Regulations

 

The existing rooming house licensing by-law includes the following main components:

·        Applies only to rooming houses in former Ottawa, of which fifty-one are licensed and forty-three are pending as of the writing of this report

·        Definitions:

o       “rooming house" means a building designed and built to only contain four or more rooming units;

o       "rooming unit" means a room, or a suite of rooms, that constitutes a separate, independent occupancy in which a person sleeps; and which might have either a kitchen or a washroom, but does not have both

·        Fee:  $150 (since 2000) plus the standard $50 processing fee that applies to all business licenses

·        Application requirements:

·        Renewal requirements:

·        License Certificate shows municipal address of the rooming house and the name/telephone number of a person to whom matters may be directed

·        General Regulations:

o       Manage rooming house in accordance with applicable municipal, provincial, federal law

 

Proposed Regulations

 

The proposed, harmonized rooming house licensing by-law includes the following main components:

·        Applies to the whole of the City to ensure level playing field and that all rooming houses are licensed for both tenant and public safety

·        Definitions:

o       “rooming house” means a principal dwelling within the whole of a residential use building that contains at least four rooming units available to be occupied for compensation and which may also contain dwelling units and an administration office accessory to the operation of the house and includes a rooming house, converted;

o       rooming unit” means a room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the principal dwelling or building intended to serve the residents, including shower or bath facilities, eating areas, kitchens or bathrooms;

·        Fees (plus the standard $50 processing fee that applies to all business licenses):

 

 

·        Application requirements:

·        Ability of the Chief License Inspector to impose additional conditions with respect to the issuance of a license, as necessary for public safety

·        Renewal requirements:

·        Ability of the Chief License Inspector to impose additional conditions with respect to the renewal of a license, as necessary for public safety

·        License Certificate shows municipal address of the rooming house; the name/telephone number of the rooming house owner and of an agent of the owner to whom matters may be directed; number of rooming units.

·        General Regulations:

 


Definitions

 

Although somewhat different from the existing, the definitions in the proposed by-law align with those in the proposed Comprehensive Zoning By-law, to be before Council for final approval in June, with a couple of minor additions for clarification.

 

Fees

 

The proposed fee structure considers that the license fee has remained unchanged since 2000 and does not recover enforcement and administration costs; however, the fees also consider affordability.  Further, the proposed fees are based on the number of units in a rooming house, replacing the one fee for all rooming houses regardless of the number of units, thereby establishing some equity amongst licensees based on the size of the rooming house as a whole.

 

Application Requirements

 

Compliance of the premises with the zoning, building and property standards requirements of the City and approval from the Fire Chief and the Medical Officer of Health, which are standard application requirements for most business licenses, are included in the proposed by-law.

 

The requirement in the existing regulations for input from the Rooming House Response Team Coordinator has not been included in the proposed by-law as it is considered somewhat subjective and onerous.  Further, the requirement for approval from the Electrical Safety Authority (ESA) has also been removed given that it is very costly and onerous for license applicants to obtain.  Often, it takes several months for the ESA to conduct the necessary inspections.  Inspections conducted by the Ottawa Fire Services will address the similar issues.  As part of the application process however, the City may forward to the ESA for its reference information pertaining to a new rooming house.

 

The proposed regulations also require the provision of a report from the Chief Building Official confirming that there are no outstanding orders related to the building, which is a new requirement.  Confirmation by the Chief Building Official (CBO) as to whether or not there are outstanding orders related to the building will ensure that any previously identified deficiencies related to illegal construction, structural integrity of the building, or plumbing are addressed prior to the issuance of a license.  Any such deficiencies may not be addressed through inspections conducted by Fire Services or Property Standards and therefore, such confirmation by the CBO will identify issues so that they may be addressed to safeguard the occupants of the building.  A fee for the CBO report is necessary in accordance with legislation that took effect July 1, 2005, which requires that Building Code Services activities be self-funded.  The CBO advises that the fee for such a report in relation to rooming houses will be nominal.

 

The proposed regulations include new requirements for a “Police Records Check for the Service with the Vulnerable Sector” of the applicant, proof of Commercial General Liability insurance and an indemnification - all of which address tenant and public safety, and align the proposed licensing schedule with others contained in the licensing by-law.

 

Renewal Requirements

 

The existing regulations require compliance of the premises with the zoning, building and property standards requirements of the City and approval from the Fire Chief for license renewals as well as original license applications.  Recognizing the onerous nature of such extensive approvals for renewals but, also recognizing that on-going inspections in relation to some aspects of rooming house are necessary, the proposed by-law requires for license renewals compliance with property standards, and approval from the Fire Chief and the Medical Officer of Health only as deemed necessary by the Chief License Inspector following an inspection by By-law and Regulatory Services.  Further, proof of insurance and indemnification are also requirements of annual renewals, as is appropriate for such items.

 

As part of the renewal process, the history and resolution of requests for service to Ottawa Police and By-law and Regulatory Services will also be reviewed.

 

Delegation of Authority

 

There have been situations with respect to certain rooming house licenses that would have warranted and benefited from the ability for the Chief License Inspector to impose conditions on an original license or a renewal to address public safety concerns in short order.  The proposed by-law provides for such ability in accordance with the authority provided by the Municipal Act, 2001 (Sections 23.1(1) and 23.2(4) & (5)).  Such ability helps to address issues with rooming houses on an individual, case-by-case basis.

 

License Certificate

 

It is proposed that, in addition to showing the municipal address of the rooming house, the License Certificate, which must be posted in a prominent location and visible to all tenants, also shows the name and telephone number of the rooming house owner and of an agent of the owner to whom matters may be directed, as well as the number of rooming units.  This will, among other things, serve to enhance the living conditions of the rooming house through the ability of tenants to contact someone for assistance.

 

General Regulations

 

The proposed general regulations that will apply to all rooming houses include a number of provisions that will improve the safety and security of tenants and the visiting public including the following requirements:

·        the licensee or his/her agent responds, within forty-eight (48) hours, to inquiries or service requests made by tenants, City representatives or the public;

·        a functioning telephone is accessible to all tenants at all times for emergency use and that a list of local emergency numbers is posted in close proximity to the telephone;

·        a record of all tenants is maintained, including identification information, emergency contacts, in accordance with relevant privacy legislation and for use only by the licensee or agent of the licensee;

·        the door of each individual rooming unit has a functional view finder on the door;

·        every new tenant is provided with relevant printed information including the rights and responsibilities of tenants under the Residential Tenancies Act, 2006;

·        every tenant is provided with a secure location or manner in which to receive personal mail; and,

·        an emergency evacuation plan is posted on each floor of the rooming house and is visible to all tenants and visiting public.

 

Effective Date and Repeals

 

An effective date of September 1, 2008 is proposed in order to allow sufficient time to notify affected parties accordingly as well as to train staff as necessary and to establish any required implementation systems.  The existing by-law provisions related to rooming houses will have to be repealed.

 

 

RURAL IMPLICATIONS

 

The proposed regulations will apply to all rooming houses including any that might be located in a rural area given that rural residents are entitled to the same level of protection as urban and suburban residents.

 

 

CONSULTATION

 

Internal

 

Staff of Employment & Financial Assistance, Housing, Ottawa Fire Services and Public Health of the Community & Protective Services Department, the Planning Branch and Building Code Services of the Planning, Transit & Environment Department, and Crime Prevention Ottawa participated in the development of the proposed by-law.  The Ottawa Police Service was also consulted and supports the proposed by-law.

 

An overview of the proposals was provided to the Business Advisory Committee (BAC) at its meeting of May 6.  The BAC supported the proposed by-law generally but, deemed the proposed license fees to be somewhat high.  The fees proposed as part of the consultation have been reduced for purposes of the proposals to Committee and Council.

 


External

 

An advertisement, notifying the public of two public meetings to discuss the draft proposals surrounding rooming house licensing and inviting comment, appeared in the Ottawa Citizen and Le Droit on April 18 and 25.  The advertisement also advised of the Committee meeting at which the recommendations would be considered, inviting interested individuals and organizations to attend.

 

Further, a notice was sent to all currently licensed rooming house operators and those for which a license application is pending advising them of potential amendments to the existing regulations and inviting them to attend public meetings to discuss and comment on the draft proposals.  A similar notice was also sent to the Business Improvement Areas, community associations, and individuals who and organizations which have expressed an interest in the subject matter in the past.

 

Comments and staff responses thereto are summarized in Document 2.  Where feasible, comments were incorporated into the draft by-law and Schedule relating to Rooming Houses put forward to Committee for consideration.

 

 

FINANCIAL IMPLICATIONS

 

Approval of these recommendations is expected to result in an increase in annual revenues in the estimated amount of $5,000 to be credited to the By-law Enforcement and Licensing Operating Budget, profit centre 132710.

 

 

CITY STRATEGIC DIRECTIONS

 

The recommendations support Objective E.6 of the 2007-2010 City Strategic Directions, specifically:  “In cooperation with federal and provincial partners, end homelessness in Ottawa in ten (10) years.”

 

 

ATTACHMENTS

 

Document 1 - Draft Amending By-law and Schedule 26 Relating to Rooming Houses

 

Document 2 - Summary of Rooming House Operator / Public Comments and Staff Responses

 

The report entitled “Research Report - Profile of Rooming House Residents” and prepared for the Canada Mortgage and Housing Corporation is held on file with the City Clerk.

 

 

DISPOSITION

 

Legal Services Branch, in consultation with the By-law and Regulatory Services Branch, to process the by-law to Council for enactment.

 

By-law and Regulatory Services Branch to provide for any necessary notification.


DOCUMENT 1

BY-LAW NO. 2008 -

 

                        A by-law of the City of Ottawa to amend By-law No. 2002-189 respecting regulating, licensing and governing rooming houses.

 

                        The Council of the City of Ottawa enacts as follows:

 

1.                     Section 1 of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding the following definitions thereto:

 

“residential use building” means a converted or purpose-built building comprised solely of dwelling units, rooming units, or any of them and includes detached; linked-detached; semi-detached; duplex, three-unit dwellings, multiple attached dwellings, stacked dwellings, apartment dwelling, low-rise, and apartment dwelling, mid-high rise, rooming houses, rooming houses, converted, group homes, retirement homes; and retirement homes, converted; and residential use and residential premises have corresponding meanings;

 

“rooming house” means a principal dwelling within the whole of a residential use building that contains at least four rooming units available to be occupied for compensation and which may also contain dwelling units and an administration office accessory to the operation of the house and includes a rooming house, converted;

 

“rooming house, converted” means the whole of a residential use building or the whole or part of any other building that was converted to a rooming house;

 

“rooming house owner” means the person who owns or leases the lands on which the rooming house is located and who manages or receives the rent for the rooming units of the rooming house;

 

rooming unit” means a room, or a suite of rooms, that constitutes a separate, independent residential occupancy, but which is not self-contained and which requires access to other parts of the principal dwelling or building intended to serve the residents, including shower or bath facilities, eating areas, kitchens or bathrooms;

 

2.                     Section 1 of the said By-law No. 2002-189 is amended by striking out the expression “By-law No. 2001-258 of the City of Ottawa, as amended” where it appears in the definition of “building requirements” and substituting therefore the expression “By-law No. 2005-303 of the City of Ottawa or any successor by-law thereto”.

 

3.                     Section 9 of the said By-law No. 2002-189 is amended by adding thereto the following subsections:

 

(27)      every owner of a rooming house

 

4.                     Schedule “A” of the said By-law No. 2002-189 is amended by adding the following items thereto:

 

                        Column 1                                            Column 2                                Column 3

                        Description of License                        License Fee $                                    Expiry Date

 

Rooming House Owner

4-10 rooming units                              200.00                                       April 30

                        11-20 rooming units                               300.00                                    April 30

                        21-30 rooming units                               400.00                                    April 30

                        31-40 rooming units                               500.00                                    April 30

                        41-50 rooming units                               600.00                                    April 30

                        51-60 rooming units                               700.00                                    April 30

                        over 60 rooming units                             800.00                                    April 30

 

5.                     The said By-law No. 2002-189 is amended by adding thereto Schedule No. 26 Relating to Rooming Houses, which is attached hereto.

 

6.                     Section 51 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:

 

(bi)       by repealing Schedule No. 31 Relating to Rooming Houses;

 

7.                     Section 54 of the said By-law No. 2002-189 is amended by adding thereto the following paragraph:

 

                        (av)      The license period for “Rooming House” issued pursuant to By-law l6-2000 of the old Corporation of the City of Ottawa shall be extended and remain in full force and effect until April 30, 2009.

 

8.                     This by-law shall come into effect on September 1, 2008.

 

ENACTED AND PASSED this   th day of    , 2008.

 

 

 

                        CITY CLERK                                                             MAYOR


SCHEDULE NO. 26

Relating to Rooming Houses

 

LICENSE REQUIRED

 

1.                     Every owner of a rooming house shall obtain a license for each rooming house by municipal address, save and except rooming houses in which the interior functions as one rooming house but, the exterior has separate municipal addresses, in which case, only one license is required.

 

CONDITIONS FOR ISSUANCE OF A ROOMING HOUSE LICENSE

 

2.                     No applicant for a rooming house owner license shall be issued a license unless:

(a)        the applicant is at least eighteen (18) years of age;

(b)        the premises comply with zoning, building and property standards requirements of the City;

(c)        the applicant has provided a report from the Chief Building Official confirming there are no outstanding orders related to the building;

(d)        the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;

(e)        the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;

(f)         the applicant has provided the original documents dated less than ninety (90) days prior to the date of the application for a license, from the appropriate agency outlining the results of investigations related to the applicant for a Police Records Check for the Service with the Vulnerable Sectors;

(g)        the applicant has provided proof of insurance as required by Section 12 of this Schedule;

(h)        the applicant has provided the indemnification required by Section 13 of this Schedule;

(i)         the applicant has provided the name and telephone number of the agent of the rooming house owner;

(j)         the applicant has paid the fees outlined in Schedule “A” of this by-law.

 

3.                     The Chief License Inspector may impose such additional conditions with respect to the issuance of a rooming house license, as he or she deems necessary to ensure public safety.

 

4.                     Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the applicant’s actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse issuance of the license.

 

CONDITIONS FOR RENEWAL OF A ROOMING HOUSE LICENSE

 

5.                     No rooming house owner license shall be renewed unless:

(a)        the premises comply with the property standards requirements of the City;

(b)        if deemed necessary by the Chief License Inspector, the Fire Chief has reported in writing that the premises are suitable for the purpose of the license application and comply with all applicable fire regulations;

(c)        if deemed necessary by the Chief License Inspector, the Medical Officer of Health has reported in writing that the premises are suitable for the purpose of the license application, comply with all applicable health regulations and are in a sanitary condition;

(d)        the applicant has provided proof of insurance as required by Section 12 of this Schedule;

(e)        the applicant has provided the indemnification required by Section 13 of this Schedule;

(f)         the applicant has provided the name and telephone number of the agent of the rooming house owner;

(g)        the applicant has paid the fees outlined in Schedule “A” of this by-law.

 

ISSUANCE OR RENEWAL OF A ROOMING HOUSE LICENSE

 

6.                     The Chief License Inspector may impose such additional conditions with respect to the renewal of a rooming house license, as he or she deems necessary to ensure public safety.

 

7.                     Subject to Sections 13 and 21 of By-law No. 2002-189, if, in the opinion of the Chief License Inspector following a review of relevant investigations and/or inspections, the licensee’s actions are adverse to the public interest or to public safety, the Chief License Inspector may refuse renewal of the license.

 

8.                     In addition to the requirements of By-law No. 2002-189, the Chief License Inspector shall indicate on the license certificate, upon issuing or renewing the rooming house license, , the following:

                        (a)        the municipal address of the rooming house;

(b)        the name and telephone number of the rooming house owner and of an agent of the rooming house owner to whom matters respecting the rooming house may be directly addressed; and,

(c)        the number of units in the rooming house.

 

GENERAL REGULATIONS

 

9.                     No licensee shall fail to post the license in a prominent location on the licensed premises so as to be clearly visible to the tenants and the public visiting the rooming house.

 

10.                   No person shall own or operate a rooming house without first obtaining a license to do so.

 

11.                   No licensee or agent of the licensee shall fail to ensure that:

(a)        the licensee or his/her agent responds, within forty-eight (48) hours, to inquiries or service requests made by tenants, City representatives or the public;

(b)        a functioning telephone is accessible to all tenants at all times for emergency use and that a list of local emergency numbers is posted in close proximity to the telephone;

(c)        a record of all tenants is maintained, including identification information, emergency contacts, in accordance with relevant privacy legislation and for use only by the licensee or agent of the licensee;

(d)        the door of each individual rooming unit has a functional view finder on the door;

(e)        every new tenant is provided with relevant printed information including the rights and responsibilities of tenants under the Residential Tenancies Act, 2006;

(f)         every tenant is provided with a secure location or manner in which to receive personal mail; and,

(g)        an emergency evacuation plan is posted on each floor of the rooming house and is visible to all tenants and visiting public.

 

INSURANCE

 

12.                   Prior to the issuance of the rooming house owner license, the licensee shall file with the Chief License Inspector proof of Commercial General Liability insurance coverage subject to limits of not less than Two Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death and damage to property, including loss of use thereof.  The proof of insurance shall contain an endorsement to provide the Chief License Inspector with thirty (30) days prior written notice of any cancellation or of a material change that would diminish coverage.

 

INDEMNIFICATION

 

13.                   The applicant or licensee shall indemnify and save harmless the City of Ottawa from any and all claims, demands, cause of action, loss costs or damages that the City of Ottawa may suffer, incur or be liable for resulting from the performance or non-performance by the applicant or licensee of the requirements and obligations under By-law No. 2002-189 whether with or without negligence on the part of the applicant or licensee, their employees, directors and agents.

 

TRANSFERS

 

14.                   No rooming house owner license shall be transferable.

 


DOCUMENT 2

 

SUMMARY OF ROOMING HOUSE OPERATOR / PUBLIC COMMENTS

AND STAFF RESPONSES

 

Comments on the proposals were received via two meetings attended by the general public and by rooming house operators on the evening of April 29th at Tom Brown Arena and on the evening of May 1st at Ben Franklin Place.  Comments were also received via electronic mail and by telephone.

 

General

 

The rooming house operators who commented on the proposals were pleased with the elimination of the Electrical Safety Authority approval requirement and generally understood that the licensing and regulation of rooming houses would continue.  Some were supportive of the new requirements, indicating that such requirements would enhance the safety of rooming houses.

 

Members of the public who commented on the proposals fully supported the licensing and regulation of rooming houses and generally supported the proposals in that regard.

 

Incentives for Rooming House Operators

 

A few rooming house operators disagreed with the licensing requirement and felt that there is no incentive for landlords to operate rooming houses.

 

Among the incentives for rooming houses to be licensed is the Rooming House Residential Rehabilitation Assistance Program (RAP) sponsored by the Canada Mortgage and Housing Corporation through which grants can be obtained.  The City assists RAP grant applicants who are licensed or are applicants for a rooming house license.  Further, under the provincial Tax Assessment Act, a municipally licensed rooming house is taxed at the residential rate as opposed to the higher multi-residential rate.

 

Location of Rooming Houses

 

Some residents expressed concern about rooming houses being located in their community.  They felt that their safety might be compromised by the presence of a rooming house.

 

Staff advised that it is not within the purview of the licensing by-law to determine where rooming houses may be located; rather, that is a function of the Comprehensive Zoning By-law.  The licensing and regulation of rooming houses is however intended to enhance the safety of tenants as well as of the surrounding community.  A number of other by-laws (e.g. noise) and regulations (e.g. Criminal Code) are also in place to address any safety and nuisance issues that may arise.

Rooming House Tenants

 

Some residents expressed concern about the behaviour of tenants that reside in rooming houses.

 

Staff advised that the City does not have the legal authority to regulate tenants through licensing.  There are however, a number of other by-laws and regulations in place that serve to address issues with tenants.  Further, there are mechanisms available to the owner of the rooming house to address such issues.

 

A report entitled “Research Report - Profile of Rooming House Residents” and prepared for the Canada Mortgage and Housing Corporation (held on file with the City Clerk) provides pertinent information with respect to rooming house tenants, which should address concerns in that regard.

 

License Fees

 

Most rooming house operators who commented expressed concern about the license fees that were originally proposed (i.e. starting at $400 for a rooming house of 4-10 rooming units, and increasing by $100 increments for each category thereafter).  Some members of the public shared that concern, indicating that the fees should be very low, or not exist at all, as an incentive to rooming houses to operate in compliance with the regulations.

 

The fees originally proposed have been reduced by approximately 50%.  The proposed fee as set out in this report is considered nominal and will serve to recover enforcement and inspection costs to a limited extent.

 

Insurance Requirement

 

A couple of rooming house operators who commented expressed concern about the new insurance requirement, indicating that they felt that it is expensive and difficult to obtain.

 

Proof of insurance is a standard requirement amongst most of the business license categories.  Further, there are in fact insurance underwriters that offer insurance at reasonable rates to non-profit housing providers and to municipally licensed, privately owned rooming houses.

 

Telephone Requirement

 

Some rooming house operators expressed concern about the new requirement for a telephone to be accessible to all tenants, indicating that cost is an issue, as is preventing the general public from using it.

 

The “Research Report - Profile of Rooming House Residents” prepared for the Canada Mortgage and Housing Corporation indicates that only 52% of rooming house tenants in Ottawa have access to a cellular telephone.  The inability for the other 48% of tenants to report a medical, fire or other emergency is a valid safety concern.  Further, Bell Canada advises that the cost to install a regular, toll-restricted telephone is approximately $55, with a basic monthly fee of $25.  Any concerns about unauthorized use of the telephone by the general public can be addressed through proper building security.