Response to the Provincial Consultation on Partial and Phased Occupancy of Super-Tall Buildings

The purpose of this report is to provide City Council with recommendations for a response to the Ministry of Municipal Affairs and Housing as it considers potential Building Code changes in this area. The early occupancy of a partially constructed skyscraper presents unique public safety hazards to those within the building and people in the public realm adjacent to the construction site. While the Building Code allows partial occupancy of buildings in certain cases, it does not permit this to occur unless the entire building's structure and enclosing walls are completed to the roof. These provisions reflect typical high-rise building construction practices. If the Province were to proceed with permitting early occupancy of super-tall buildings, it should only do so after careful consideration by people with specific expertise in construction site safety and the hazards of allowing the public to interact with an active construction site. The report recommends that City Council ask the Ministry of Municipal Affairs and Housing to convene this expert panel (including the City of Toronto) with a mandate to consider and develop recommendations on whether and how the Building Code may be amended to allow partial occupancy of "super-tall" buildings. In a dense urban environment such as Toronto, construction-related incidents have further identified that there are gaps in current legislation which should be addressed more broadly to strengthen public safety during the construction process. Safety of the public from an active construction site is not a matter currently regulated through the Building Code Act, 1992 or the Occupational Health and Safety Act (aside from covered public walkways adjacent to a site). The report further recommends that the Government of Ontario fill the gap in the existing legislation to ensure that no person is exposed to undue risk from active construction sites. This report has been written in consultation with the Acting Fire Chief and General Manager, Toronto Fire Services and the General Manager, Transportation Services.

City Council request that the Government of Ontario, consider the development of prescriptive regulations setting out requirements for safety measures at construction sites to protect public safety and ensure that no person is exposed to undue risk, in addition to the existing provisions of the Building Code and the Occupational Health and Safety Act.