Staff Report: First, Second and Third Reading of Building Bylaw No. 1111

FIRST, SECOND AND THIRD READING OF BUILDING BYLAW NO. 1111

RECOMMENDATION:

THAT the report dated August 29, 2023 from the Director of Development Services “First, Second and Third Reading of Building Bylaw No. 1111” be received.

PURPOSE:

The purpose of this report is to introduce Council to Building Bylaw No. 1111.

TIME CRITICAL:

Given that Council passed a motion to implement Zero Carbon Step Code for Part 9 residential buildings by November 1, 2023, it is critical that Council gives introductory readings to Building Bylaw No. 1111 to meet this deadline.

BACKGROUND:

At the Committee of the Whole (COW) meeting on March 14, 2023, staff presented the proposed updates to the current Building Bylaw No. 786 and summarized the outstanding administrative tasks and consequential amendments to other bylaws that are needed to implement a new Building Bylaw. Following staff’s presentation, the Committee passed the following motion:

“THAT the report dated March 7, 2023 from the Auxiliary Building Official titled “Building Bylaw Update” be received for information.”

At the COW meeting on July 11, 2023, staff presented a report on the implementation of the Province’s Zero Carbon Step Code. On July 18, 2023, Council passed the following motion:

“THAT the Zero Carbon Step Code be implemented in the Building Bylaw as follows:

1. Part 9 Buildings (i.e. houses, duplexes/multiplexes, townhouse) meet Zero Carbon Step Code Level 4 by November 1, 2023;
2. Part 3 Residential Buildings of Six-Storeys or less meet Zero Carbon Step Code Level 4 by July 1, 2024; and
3. Part 3 Residential Buildings Greater than Six-Storeys and Commercial Buildings meet Zero Carbon Step Code Level 4 by November 1, 2024.”

The proposed building bylaw includes the Zero Carbon Step Code implementation schedule approved by Council.

DISCUSSION:

The Municipal Insurance Association (MIA) developed an updated draft model Building Bylaw in 2018, in response to the large number of liability claims being made against municipalities relating to building plan checking and field inspection. This model bylaw was then circulated to MIA members and subsequently widely adopted by municipalities who are insured by the MIA. The proposed Building Bylaw is based on this MIA model bylaw, which will strengthen the policy defences as recommended by MIA. The proposed Building Bylaw No. 1111 underwent substantial legal review prior to bringing it forward for bylaw readings.

FINANCIAL IMPLICATIONS:

There are no financial implications that would impact the Town.

ALTERNATIVE:

The alternative option is that Council does not proceed with first, second and third reading of Building Bylaw No. 1111. Should Council wish to proceed with this option, then staff would be required to bring forward a separate bylaw amendment to address the zero carbon step code implementation schedule in October. In addition, the Fees and Charges Bylaw No. 958, 2016, Amendment Bylaw No. 1119, 2023 and Municipal Ticketing Information Bylaw No. 643, Amendment Bylaw No. 1120, 2023 cannot receive introductory bylaw readings as these amendment bylaws reference Building Bylaw No. 1111.

CONCLUSION:

The last substantive changes to the Town’s Building Bylaw occurred approximately 12 years ago and an update is due. Using the MIA model bylaw as a base will provide a more robust regulatory framework going forward, especially for complex buildings where there are professional reliance. Staff recommend that Council give first, second, and third reading to Building Bylaw No. 1111, and that it comes into effect on November 1, 2023.

ATTACHMENTS:

Attachment A: Committee of the Whole Report dated March 7, 2023.