Report to/Rapport
au:
Planning and
Development Committee/
Comité de
l’urbanisme et de l’aménagement
and Council/et au Conseil
05 November 2001 /
le 05 novembre 2001
Submitted
by/Soumis par: Ned Lathrop, General Manager/Directeur général
Development Services Department / Services d’aménagement
Contact/Personne-ressource: Arlene Gregoire, Acting Director, Building
Services / Directrice intérimaire, Services du bâtiment
244-5300 x 1-3799,
Arlene.gregoire@city.ottawa.on.ca
|
|
Ref N°: ACS2001-DEV-BLD-0012 |
SUBJECT: GLEBE
FIRE REPORT UPDATE
OBJET: MISE À JOUR SUR LE RAPPORT D’INCENDIE DANS LE QUARTIER DU GLEBE
REPORT RECOMMENDATION
That Planning and Development Committee receive this
report for information.
RECOMMANDATION DU RAPPORT
Que le
Comité de l’urbanisme et de l’aménagement prenne connaissance du présent
rapport à titre d’information.
BACKGROUND
This report, jointly prepared by Development Services and the Ottawa Fires Service, is intended as an information update further to various motions and recommendations made by the former City of Ottawa Council.
1. Motion
Approved by Council on December 14, 1999
Resolutions:
(1) - that appropriate City staff be directed to review and report back on the feasibility of existing and developing technology on temporary fire detection systems which could be installed in buildings under construction.
(2) - that at the earliest opportunity before release of the Fire Department report and the Fire Marshall’s report and other relevant reports on the Glebe Fire, that the Minister of Municipal Affairs and Housing be requested to amend the regulations under the Ontario Building Code Act to require the installation of operational heat and/or smoke detectors in buildings under construction. (Reference Document 1)
2. Glebe
Fire Recommendations Approved by City Council on June 14, 2000.
Report
AC2000-CM-FIR-0002
Response to December 14, 1999 motion from City Council:
Resolution (1) - a review of existing technology indicated that there was no system available that could meet the desired requirements and that temporary fire detection systems are not technically or functionally feasible for buildings under construction.
Resolution (2) - the Fire Marshal’s report on the Glebe fire did not include any recommendations that would address the need or necessity to have operational heat/or smoke detectors in buildings under construction. The report included recommendations for a study to be carried out by an independent consultant that would address the issue of fire safety in residential buildings under construction. (Reference Document 2 and 3)
DISCUSSION
Study:
Further to direction from City Council, the City of Ottawa partnered with Canada Mortgage and Housing Corporation (CMHC) in funding a study of the issue of fire safety in residential buildings under construction. The study was carried out by Ken Richardson Fire Technologies Inc., which included consultation with the residential development industry, the Office of the Ontario Fire Marshal, as well as, interviews with a number of individuals with expertise in the areas of fire fighting, fire research, the wood industry, code writing and code administration. The consultant’s findings were reported in a document entitled “Fire Safety for Infill Construction Sites”, dated December 14, 2000. Note: A copy of this report is on file with Council and Committee Services, Secretariat Services.
Findings and Recommendations:
The consultant concluded, from a review of available fire statistics from the U.S.A., Canada, Ontario and Ottawa, that:
o Fires on construction sites are infrequent occurrences
o Fires of the size and type which occurred in the Glebe are extremely rare occurrences
o The average property damage from fires on construction sites is 3 to 6 times greater than the average loss for all fires combined. Rogue fires, such as the Glebe fire significantly increase the dollar losses.
o The overwhelming cause of fires in construction sites is incendiary (arson and accidentally set fires), representing approximately 70% of total construction site fires.
o Civilian life loss and injury are rare occurrences.
Having reviewed relevant research and the regulations in effect (the Ontario Building and Fire Codes and the model National Codes) the consultant put forth several recommendations including proposals for code changes. The recommendations include measures that have the objective of reducing the risk of fire spread from an infill construction site to adjacent buildings to a level commensurate with what would be expected when the construction is completed. The consultant further recommended that the mechanisms triggering implementation of the measures and the measures themselves be contained in a by-law or as conditions for site plan approval.
Disposition:
1) Proposed Code Changes:
Canada Mortgage and Housing Corporation (CMHC)
The CMHC, Senior Researcher, responsible for their involvement in the Consultant’s study has advised that CMHC is still deliberating with regard to the report and recommendations. They are in the process of considering what code changes are appropriate, as they apply to the housing industry, and the best approach in bringing the proposed changes forward to the Code bodies, in the event they consider changes necessary.
Ministry
of Municipal Affairs and Housing (MMAH
The municipality has submitted a proposal for a code change to the MMAH. The proposal addresses issues related to inequities in the current requirements as they apply to various forms of housing development and property lines. The inequities became apparent through the review and approval process for the reconstruction of the townhouses on Second Avenue.
The proposed code changes do not directly address the measures proposed by the consultant. Rather, they address differing construction standards that apply when property lines are introduced to create separate real estate entities. In essence, currently a building may be constructed to one set of standards based on the fact that it is located entirely on one lot. Whereas, were the same building to be constructed on separate lots a different set of standards would apply. (Reference Document 4)
The Ministry has advised that these proposed code changes are being reviewed, along with several hundred other proposals, to determine whether they are considered editorial or substantial changes and whether they will be included in a package for public comment. These decisions are made entirely by the Ministry.
National
Research Council of Canada
Canadian
Commission on Building and Fire Codes
Standing
Committee on Fire Safety and Occupancy (FSO)
Proposals, similar to those the municipality submitted to the MMAH, are under consideration by the representative committees in the current code review cycle for inclusion in the National Building Code.
2) By-law:
Comment regarding By-law Provisions Respecting Fire Safety at Infill Construction Sites
The City’s Legal Services has advised that there is no enabling authority for the City to enact a by-law respecting fire safety at infill construction sites.
Building
Code Act. 1992
The Building Code Act makes provision for enactment of admistrative by-laws only with an exception to allow a municipality to “require a person to whom a permit is issued to erect and maintain fences to enclose the site of the construction or demolition within such areas of the municipality as may be prescribed.” In all other cases the Act and Building Code supersede all municipal by-laws respecting the construction or demolition of buildings.
Fire
Protection and Prevention Act. 1997
The Fire Protection and Prevention Act is limited in its application to buildings under construction within the meaning of the Building Code Act. The provisions of the Act essentially address potential fire safety concerns that may threaten occupants of buildings undergoing renovation (construction).
3) Site
Plan Control Approval:
Comment
regarding the inclusion of Conditions Respecting Fire Safety at Infill
Construction Sites
The enabling legislation makes no provision for the inclusion of construction measures, since this is within the purview of the Ontario Building Code.
It is also noted that the current Site Plan Approval process, with the exception of Rockcliffe Park because of heritage concerns, does not require Site Plan Approval for the construction of single, semi-detached and duplex dwelling units on a single lot. As such, it is not considered feasible to use the process as an effective vehicle for the notification of building issues related to these types of projects.
4) Policy
Development and Implementation:
Policy
Development - Conditions Applicable to Construction and Demolition Sites
The Building Services Branch has prepared a draft operational policy, entitled, “Conditions Applicable to Construction and Demolition Sites”. The policy addresses the findings and recommendations contained in the consultant’s report, as best it can, having regard to the current legislative framework and regulations made there under. In essence, the policy is intended to alert building permit applicants and permit holders of their responsibilities with respect to the construction of a proposed building and the construction site.
In an effort to formulate a policy, that would best address safety concerns including fire safety, the Branch met with representatives of the Ontario Ministry of Labour, Operations Division and consulted the Ottawa Fire Services, Development and Infrastructure Approvals/Development Services and Ottawa Hydro.
The policy brings together the relevant requirements pertinent to legislated responsibilities and current best practices. These requirements have been set out in a document, entitled, “Guidelines for Permit Holders”. The requirements focus on fire safety, fire department access to a construction site, and provisions for fire fighting and site security. The requirements include provisions related to:
o notice of required inspections, under the City of Ottawa Building By-law,
o requirements to register under the Ontario Health and Safety Act,
o requirements under the Fire Protection and Prevention Act,
o requirements under the Planning Act, and
o requirements for “on site safety measures”, in accordance with the City of Ottawa Building By-law and the Occupational Health and Safety Act as it pertains to construction projects.
(Reference
Document 5)
Policy
Implementation - Conditions Applicable to Construction and Demolition Sites
Implementation of the policy is a work in progress.
Ongoing Activities:
o The “Guidelines for Permit Holders” are to be printed in a form suitable for handout (brochure) to permit applicants.
o Copies of the information brochure will be provided to the Director, Development and Infrastructure Approvals, for circulation to planning staff involved in development approvals.
o Copies of the information brochure will be provided to the development industry through various organizations, such as, the Ottawa Home Builders Association.
o Staff located at the various service delivery centers involved with the receipt and issuance of building permits, are to be trained.
o Staff involved in the review and approval of building plans, are to be trained.
o Staff involved in the inspection of buildings under construction or demolition, are to be trained.
CONSULTATION
National Research Council Canada
Codes and Evaluation Branch
Institute for Research into Construction
Canada Housing and Mortgage Corporation
Sustainable Planning and Regulations
Research Division
Ministry of Municipal Affairs and Housing
Housing Development Branch
Code Development Unit
Ministry of Labour
Construction Safety Program
Operations Division
Ottawa Hydro
Engineering
Construction Standards
City of Ottawa
Legal Services
City of Ottawa
Development and Infrastructure Approvals
FINANCIAL
IMPLICATIONS
N/A
ATTACHMENTS
Document 1 Motion Approved by Council on December 14, 1999
Document 2 Backgrounder, Glebe Fire Recommendations, June 14, 2000
Document 3 Glebe Fire Recommendations Approved by Council on June 14, 2000. Report AC2000-CM-FIR-0002
Document 4 Letter, General Manager, Development Services/Ministry of Municipal Affairs and Housing, May 15, 2001
Document
5 Policy - Conditions
Applicable to Construction and Demolition Sites
Guidelines for Permit Holders - Conditions Applicable to Construction/Demolition Sites
Document 1
Document 2
Document 3
Document 4
Document
5
DEVELOPMENT SERVICES
DEPARTMENT
Buildings Services Branch
|
Title: Conditions Applicable to
Construction and Demolition Sites |
Division: Permit Approvals Building Inspection |
|
Approval Date: June 2001 |
Authority: Director Building Services
|
1.0 POLICY
It is the policy of the Building Services Branch to advise building permit applicants and permit holders of the requirements and their responsibilities with regard to (a) notice of inspection, (b) required inspections, (c) other applicable legislation, and (d) on site measures.
2.0 SCOPE
This policy shall be implemented at all Building Services locations.
This policy shall be administered by all staff responsible for the receipt of building permit applications and the issuance of building permits. The Client Service Representatives are responsible for delivering this service.
This policy applies to all applicants for building permits.
(Note: see Exceptions)
3.0 PURPOSE
To provide a guideline for reference by permit applicants/holders and building inspection staff concerning conditions applicable to construction and demolition sites.
5.0 RATIONALE
With amalgamation there is a need to develop guidelines for implementation throughout the City of Ottawa that recognize legislated responsibilities, legislated authorities and current best practices.
5.0 SPECIFICATIONS:
Reference: attached document “Guidelines for Permit
Holders”.
6.0 EXCEPTIONS
This policy does not apply to pool enclosure applications.
For further information concerning the regulations applicable to pools, refer to the City of Ottawa Pool Enclosure By-law.
6.0
DEFINITIONS
N/A
Document 5. (continued)
Notice of Inspection and Required Inspections:
Building Code Act
(City of Ottawa Building By-law[1]- By-law 175-93, as amended)
The owner or authorized
agent (contractor) is responsible to notify the Chief Building Official (area
building inspector) at least 24 hours prior to each of the following
stages of construction:
C
the commencement of construction and/or demolition
C
the readiness to construct the footings
C
the substantial completion of the footings and
foundations – before backfilling
C
the substantial completion of the installation of
the sewage system – before backfilling
C
the substantial completion of structural framing
(Part 9 buildings)
C
the substantial completion of structural framing of
each storey (Part 3 buildings)
C
the substantial completion of insulation and vapour
barriers
C
the substantial completion of ductwork and piping
for heating and air-conditioning systems (Part 9 buildings)
C
the substantial completion of roughing-in of
heating, ventilation, air-conditioning and air-contaminant extraction equipment
– Part 3 buildings
C
the commencement of the construction of masonry fire
places and chimneys, factory-built fireplaces and chimneys, stoves, ranges,
space heaters and add-on furnaces using solid fuels and allied chimneys
C
the substantial completion of fire stopping – before
closing-in
C
the substantial completion of all required fire
separations and closures and all fire protection systems including standpipe,
sprinkler, fire alarm and emergency lighting systems
C
the substantial completion of interior finishes and
heating, ventilating, air-conditioning and air-contaminant extraction equipment
C
the substantial completion of exterior cladding,
fire access routes and site grading
C
the completion of construction and installation of
components required to permit occupancy – reference O’Reg. 403/97, as amended,
Sentences 2.4.3.1.(2) and 2.4.3.2.(1)
C
the readiness for inspection and testing of the
building sewers and drains, water service pipes, drainage systems and venting
systems, water distribution system, and plumbing fixtures and plumbing
appliances
Other Applicable Legislation:
Ontario
Health and Safety Act (OHSA)
(Construction Projects, O’Reg. 213/91, as amended)
The contractor is responsible to complete the
prescribed registration form[2]
(Notice of Project) prior to start of work for all projects if:
C
the total cost of labour and materials is expected
to exceed $50,000;
C
the work is the erection or structural alteration of
a building more than 2 storeys or more than 7.5 metres high;
C
the work is the demolition of a building at least 4
metres high with a floor area of at least 30 square metres
Fire Protection and Prevention Act - 1997
(Ontario Fire Code, O’Reg. 388/97 as amended)
The Act limits the application of the Fire Code[3]
with regard to buildings under construction and/or alteration:
C
the Fire Code applies to the unoccupied parts of a
building that is under construction where there has been no substantial work
related to the construction for 6 months or the conditions of the unoccupied
portions threaten the safety of the occupied portions
Planning Act – Revised Statutes of Ontario - 1990
(Chapter 13, as amended)
The contractor is responsible to complete all
conditions related to the development and pertinent to the construction site
contained in a subdivision and/or site plan control agreement.
On Site Measures:
Fire Department Operations
C the contractor is responsible to ensure that
fire department access is maintained to and on the site
C the contractor is responsible to ensure that
hydrants serving the site are free and unobstructed
Site Security
C the contractor is responsible to ensure the
site is secured in accordance with the fencing provisions contained in City of
Ottawa Building By-law:
C fencing is generally required for all open excavations
except for:
C Shallow Excavations, where the wall slope ratio is 2:1
or greater and the edge of the excavation is more than 2m from a sidewalk and
the sidewalk does not serve high pedestrian uses, such as schools, community
centers and shopping centers and,
C Green field developments consisting of low rise residential
(singles, semi-detached and row housing), where the excavation is not
immediately adjacent to an occupied residence
C the
contractor is responsible to ensure that all openings in a building
located within 3 m of the ground are boarded-up when the site is unoccupied
C the
contractor is responsible for the provision of Public Way Protection
where a building is located within 4.5 m of a public way in accordance with
S.64, O’Reg 213/91
C the
contractor is responsible to ensure the requirements for Protection of
Adjacent Structures are met in accordance with S.229, O’Reg.213/91
Construction Practices
C
the contractor is responsible to ensure the
measures contained in O’Reg. 213/91 pertaining to Temporary Heat – S.49, Fire
Safety – S.52., Welding and Cutting – S.122, and Electrical Hazards – S.181 are
met76
Planning Approvals
C
the contractor is responsible to ensure that
all conditions impacting the construction
site are
completed in accordance with subdivision and/or site plan agreement(s).
Building Services
Branch
Development
Services Department
June 2001