CSD-16-074 - Built Heritage Emergency Management Policy

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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. 1 - 2