3. LICENSING BY-LAW -
HARMONIZATION - ROOMING HOUSEs HARMONISATION DU
RÈGLEMENT MUNICIPAL SUR LES PERMIS |
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
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
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.
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.
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:
· 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.
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 :
·
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.
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.
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.
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.
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.
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.
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.”
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.
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
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:
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.
CITY CLERK MAYOR
SCHEDULE NO. 26
Relating to Rooming Houses
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.
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.
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.
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.