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Planning and Housing Committee · 2021-06-28 · 2021.PH25.14

The filed record

Expiry Dates for Building Permits

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2021-06-28 · Planning and Housing Committee · amended

As filed

The Planning and Housing Committee: 1. Requested that the Chief Building Official and Executive Director, Toronto Building continue to engage with the Ministry of Municipal Affairs and Housing to strengthen the regulatory tools available (in the Building Code Act, 1992 and the Ontario Building Code) to the City of Toronto so that it may more effectively respond to stalled and dormant construction sites. 2. Requested the

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Chief Building Official and Executive Director, Toronto Building report back to the October 18, 2021 meeting of the Planning and Housing Committee with an update on the discussions with the Ministry of Municipal Affairs and Housing requested in Recommendation 1, above, and a strategy to improve the regulation of property standards for dormant development sites, with consideration of the following: a. strong, enforceable regulations related to property standards and maintenance for construction sites where full or partial excavation has occurred; b. measures to ensure the ongoing safety and security of these sites; c. specific amendments to the Building Code Act, 1992 and Ontario Building Code that would give the City of Toronto the authority to require property owners to restore a site to the pre-construction state when no development activity has occurred in a reasonable timeframe, including removal of unfinished structures, unsightly construction hoarding, and debris; and d. mechanisms to proactively monitor and investigate property standards issues on dormant construction sites. 3. The Planning and Housing Committee request the Chief Building Official and Executive Director, Toronto Building to work with the Executive Director, Municipal Licensing and Standards, to ensure that any strategy to regulate dormant construction sites is aligned with the Municipal Licensing and Standards division's efforts to regulate property standards in the City of Toronto, including through the upcoming review of the City's Property Standards By-law to be led by Municipal Licensing and Standards.

On the agenda

As the city filed it

The purpose of this report is to respond to City Council's request that the Chief Building Official and Executive Director, Toronto Building report to the Planning and Housing Committee on a review of implementing expiry dates on building permits in the City of Toronto. This report provides an overview of the Chief Building Official's abilities to revoke building permits, and identifies that the City does not have the authority to impose additional conditions on a permit to compel a property owner to finish construction within a prescribed time, or set a building permit expiry date.

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Even with an additional authority to set an expiry date on the permit, the City could not force construction to continue, as the root problem is typically the lack of finances, or other externalities to continue with the work to complete the project. In situations where Toronto Building and other divisions are faced with a stalled construction site, the first priority is site safety, then maintenance (for example litter and untidy site) followed by actions to encourage the permit holder to complete the building's exterior, thereby mitigating potential impacts on neighbours. To strengthen its processes within its existing authorities, Toronto Building has recently augmented its building inspection services with two additional mandatory inspections so that it can more actively monitor the construction process. City Council also adopted by-law changes in 2019 to provide clear guidance on how the Division proceeds with revocation after a reasonable time, and in a fair and transparent manner. The Division has also engaged the Ministry of Municipal Affairs and Housing on the matter, as requested by City Council.

Staff recommended

The Chief Building Official and Executive Director, Toronto Building recommends that: 1. The Planning and Housing Committee request that the Chief Building Official and Executive Director, Toronto Building continue to engage with the Ministry of Municipal Affairs and Housing to strengthen the regulatory tools available (in the Building Code Act, 1992 and the Ontario Building Code) to the City of Toronto so that it may more effectively respond to stalled and dormant construction sites.

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