HomeMy WebLinkAboutCSD-16-074 - Built Heritage Emergency Management Policy
eritage Kitchener
REPORT TO: H
DATE OF MEETING: November 1, 2016
SUBMITTED BY: Brandon Sloan, Manager of Long Range & Policy Planning,
519-741-2200 x7648
Leon Bensason, Coordinator, Cultural Heritage Planning,
PREPARED BY:
519-741-2200 x7306
All
WARD(S) INVOLVED:
, 2016
DATE OF REPORT: October 14
CSD-16-074
REPORT NO.:
Heritage Best Practices
SUBJECT:
Built Heritage Emergency Management Policy
_____________________________________________________________________________
RECOMMENDATION:
That the Built Heritage Emergency Management policy as outlined in Appendix
Community Services Department report CSD-16-074, be adopted.
BACKGROUND:
On December 14, 2015 City Council approved eight heritage best practice measures for
implementation in the immediate, short and long term. One such measure instructed
City staff to draft a protocol that would outline the course of action to be adopted for the
management of built heritage resources during an emergency, as follows:
That City staff use the City of Hamilton Built Heritage Emergency Management
Protocol as a model to start drafting a similar protocol for Council consideration, and
that staff use the directory maintained by the Canadian Association of Heritage
Professionals or the list developed by the Ontario Heritage Trust in identifying one or
more pre-qualified professional engineers who may be used by the City in
emergency situations affecting heritage property.
REPORT:
, Building and Planning Divisions have worked together on
Built Heritage Emergency Management
drafting a policy,outlining the appropriate
course of action to be adopted for the management of built heritage resources in certain
g Official. The
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policy drafted by City staff and operates within the authority
and powers outlined in the Ontario Building Code and the Ontario Heritage Act.
The City of Hamilton established a Built Heritage Emergency Management protocol in
2005, prior to significant changes being made to the Ontario Heritage Act later that
same year. In keeping with , City staff used the City of Hamilton
protocol as a guide in outlining when the policy is to be followed, and what the roles and
responsibilities of various parties are in carrying out the policy. While the City of
Hamilton protocol was used as a guide, the Kitchener policy considers and accounts for
changes made to the Ontario Heritage Act in 2005.
What does this policy apply to?
The Kitchener Built Heritage Emergency Management policy applies to property
designated under the Ontario Heritage Act (including property for which a Notice of
Intention to Designate has been passed) and property formally listed by Council on the
Municipal Heritage Register.
When does this policy apply?
Order (Emergency Order or an Order to Remedy and Unsafe Building) and:
(a) the City is the owner of the built heritage resource;
(b) the owner of the built heritage resource has failed to comply with the
Order and the Chief Building Official intervenes or anticipates intervention
to ensure compliance;
(c) the owner of the built heritage resource proposes to comply with the Order
by effecting demolition of the built heritage resource in whole or in part; or
(d) the issued Order is an Emergency Order pursuant to section 15.7(1) of
Building Code Act, 1992, S.O. 1992, c. 23. (for example, where there is a
threat of imminent collapse and the owner may not have an opportunity to
consider or comply with the Order).
How does this policy address the appropriate management of built heritage resources
when an Order has been issued?
The policy outlines the role of the Chief Building Official and of other City staff in
situations where this policy applies; and establishes that when in a position to do so,
advice (as defined in the policy) shall be obtained from aqualified heritage professional,
meaning one or more qualified structural engineers who have relevant experience in the
conservation of heritage structures (including such professionals who are also members
of the Canadian Association of Heritage Professionals).
In Chief Building Official has
identified and been in contact with qualified heritage professionals who are members of
the Canadian Association of Heritage Professionals and who could be retained by the
City to provide advice in situations where this policy applies.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The cost of retaining qualified heritage professional(s) to provide advice in accordance
with the policy may be recovered from owners of built heritage resources insofar as
possible under applicable legislation. Costs that are not recovered or recoverable will
be paid by the City from the appropriate budget.
COMMUNITY ENGAGEMENT:
INFORM
advance of the council meeting.
CONSULT & COLLABORATE S
Divisions have consulted with other City Departments, the Ministry of Tourism, Culture
and Sport, the local chapter of the Architectural Conservancy of Ontario,
Heritage Kitchener Committee in drafting the Built Heritage Emergency Management
policy for Council consideration.
CONCLUSION:
The establishment of a Built Heritage Emergency Management policy and the
identification of qualifiedheritage professionals who may be retained by the City to
provide advice in situations where this policy applies,
response in certain emergency situations affecting built heritage resourceswill be
managed in a prudent and responsible way.
REVIEWED BY:
Mike Seiling, CBO
Jennifer Sheryer, Assistant City Solicitor
ACKNOWLEDGED BY:
Alain Pinard,Director of Planning
Built Heritage Emergency Management Policy (Draft)
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POLICY
Policy No:Click here to enter text.
Approval Date:
Click here to enter a
BUILT HERITAGE
Policy Title:
date.
EMERGENCY MANAGEMENT
Next Review Date:
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Policy Type:ADMINISTRATIVE
enter text.
Category:Administration
Reviewed Date:
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text.
Sub-Category:Authority &Delegations of Staff
Amended:
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Author:Coordinator, Cultural Heritage
Planning
Replaces:
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Dept/Div:Long Range and Policy
Repealed:
Click here to enter a date.
Planning, Community Services
Replacedby:
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Department
Related Policies, Procedures and/or Guidelines:
Please use LINKS to related documents when appropriate
1. POLICY PURPOSE:
Concise,easy-to-understand statement, which explains the objective or philosophy underpinning the policy.
This policy outlines the appropriate course of action to be adopted for the
management of Built Heritage Resources in certain situations where an Order
has been issued.
2. DEFINITIONS:
Unusual or specialized language, acronym, jargon or unique application of words.
include preparation of reports, inspections of a building or structure, examination
of available conservation options while effecting compliance with an Order,
recommendations on available options for compliance with an Order,
assessment of relative costs of options for complying with an Order, and peer
reviews of reports of other professionals.
Listed Property.
directed the Clerk to give notice of intention to designate pursuant to the Ontario
Heritage Act, R.S.O., 1990, c. O.18, a property designated as having cultural or
heritage significance pursuant to Part IV, V, or VI of the Ontario Heritage Act,
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Policy No:
Click here to enter text.
Policy Title:
Click here to enter text.
buildings of national significanceas designated by the Historic Sites and
Monuments Board of Canada, and property subject to a heritage conservation
easement or covenant pursuant to section 22 or 37 of the Ontario Heritage Act.
staff within the Planning Division who have
.
register of cultural
heritage property under section 27 of the Ontario Heritage Act.
to Remedy an Unsafe Building pursuant to section 15.9(4) of the Building Code
Act, 1992, S.O. 1992, c. 23.
engineers who have relevant experience in the conservation of heritage
structures and may include a structural engineer who has such relevant
experience and is a member of The Canadian Association of Heritage
3. SCOPE:
Statement as to whom the policy applies, as well as exceptions and the ramificationsof non-compliance, if
anyand deemed appropriate to include.
POLICY APPLIES TO THE FOLLOWING:
All Employees
ManagementPermanent Full-Time Employees
Permanent Full-Time Non UnionPermanent Full-Time C.U.P.E. 791
TemporaryPart-Time Non-Union
StudentPermanent Full-Time Union
Continuous Part-Time EmployeesPart-Time Employees
Continuous Part-Time Non-UnionContinuous Part-Time Union
CouncilLocal Boards & Advisory Committees
Specified Positions Only:Chief Building Official; Director of Planning;
Director, Facilities Management; Manager of Long Range and Policy Planning;
Coordinator, Cultural Heritage Planning; Heritage Planner.
This policy addresses situations where the Chief Building Official has
issued an Order impacting a Built Heritage Resource and:
(a) the City is the owner of the Built Heritage Resource;
(b) the owner of the Built Heritage Resource has failed to comply with the
Order and the Chief Building Official intervenes or anticipates intervention
to ensure compliance;
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Policy No:
Click here to enter text.
Policy Title:
Click here to enter text.
(c) the owner of the Built Heritage Resource proposes to comply with the
Order by effecting demolition of the Built Heritage Resource in whole or in
part; or
(d) the issued Order is an Emergency Order pursuant to section 15.7(1) of
Building Code Act, 1992, S.O. 1992, c. 23.
4. POLICY CONTENT:
Policy details, including specific roles and responsibilities relating to the policy.
Advice from Qualified Heritage Professional(s)
Any Advice obtained pursuant to this policy shall be obtained with the objective of
complying with an Order by remedying the dangerous or unsafe condition.
Qualified Heritage Professional(s) giving Advice shall be requested to take into account the
significance of the Built Heritage Resource and its heritage attributes while recognizing the
need to obtain compliance in a reasonable, timely, and cost-effective way.
In situations where this Policy applies and when in a position to do so, the Chief Building
Official and any other City staff shall only obtain Advice from a structural engineer that is a
Qualified Heritage Professional.
Role of the Chief Building Official
The Chief Building Official shall take steps as permitted by legislation to ensure that Orders
against Built Heritage Resources are complied with. As soon as an Order is issued against
a Built Heritage Resource, the Chief Building Official shall notify thDirector of
Planning. If the Built Heritage Resource subject to the Order is owned by the City, the Chief
City Owned Built Heritage Resources
Where an Order has been issued against a Built Heritage Resource owned by the City, the
Director, Facilities Management has primary responsibility for effecting compliance with the
Order. In discharging this responsibility, the Director, Facilities Management shall have
regard
example in the management and care of City owned cultural heritage resources.
The Director, Facilities Management may, in consultation with the Chief Building Official,
retain Qualified Heritage Professional(s) to provide Advice with respect to any City owned
Built Heritage Resource that is subject to an Order.
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Policy No:
Click here to enter text.
Policy Title:
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Listed Property where Demolition is Proposed
Where an Order has been issued against a Listed Property and the owner has proposed
partial or complete demolition of the Listed Property, the City will receive notice of the
proposed demolition in accordance with the Ontario Heritage Act. Following receipt of such
notice, Heritage staff will bring a report forward to Heritage Kitchener. Heritage Kitchener
will then make a recommendation to City Council on whether the property should be
designated as a means of preventing the demolition. In discharging their reporting
responsibilities related to Listed Properties where any demolition has been proposed,
Heritage staff may, in consultation with the Chief Building Official, retain Qualified Heritage
Professional(s) to provide Advice.
Designated Property
Where an Order has been issued regarding a Designated Property, the owner of the
Designated Property may apply for a Heritage Permit to enable compliance with the Order.
The application for a Heritage Permit may include a request for consent to demolish the
Built Heritage Resource or a portion of it.
Where an owner fails to comply with an Order, or expresses or demonstrates an intention
not to comply with an Order, the Chief Building Official may request a Heritage Permit
(which may include a request to demolish) to effect compliance with the Order.
In situations where a Heritage Permit has been requested by either the owner or the Chief
Building Official, Heritage staff may, in consultation with the Chief Building Official, retain
Qualified Heritage Professional(s) to provide Advice. When the Chief Building Official
applies for a Heritage Permit, the Chief Building Official may retain Qualified Heritage
Professional(s) to provide Advice.
The authority of both the Chief Building Official and Heritage staff to retain Qualified
Heritage Professional(s) to provide Advice does not limit any authority of Heritage staff to
request information from the owner of the Built Heritage Resource pursuant to the Ontario
Heritage Act.
Expedited Decision Making
In any situation where an Order has been issued and the intervention strategy may impact
Municipal Heritage Committee and a decision of Council of the City may be required
pursuant to the Ontario Heritage Act. In such circumstances, before complying with an
s Procedure By-law
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Policy No:
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Policy Title:
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(Chapter 25 of The City of Kitchener Municipal Code) in order to expedite the decision
making process.
Cost Recovery for Advice from Qualified Heritage Professional(s)
The cost of retaining Qualified Heritage Professional(s) to provide Advice in accordance
with this Policy may be recovered from owners of Built Heritage Resources insofar as
possible under applicable legislation. Costs that are not recovered or recoverable will be
paid by the City from the appropriate budget.
Reporting of Expenditures
Any expenses incurred under this policy shall be reported to Council.
5. HISTORY OF POLICY CHANGES
the intent and purpose of the policyand require Council or Corporate Leadership Team (CLT) approval.
Administrative Updates
The date (yyyy-mm-dd) and a short annotation on the nature of the change to reflect the current corporate
structure i.e. Departmental re-organization / Titling changes / Standing Committee restructuring.
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Formal Amendments
-01-20-
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