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HomeMy WebLinkAboutChapter 890 - Work PermitKITCHENER 890.1 FEBRUARY 2024 STREET Chapter 890 WORK PERMIT Article 1 DEFINITIONS 890.1.1 City - defined 890.1.2 City of Kitchener Standards - defined 890.1.3 City road - defined 890.1.4 Director - defined 890.1.5 Director of Engineering - defined 890.1.6 Director of Operations - defined 890.1.7 Driveway - defined 890.1.8 Emergency Medical Services - defined 890.1.9 Emergency work - defined 890.1.10 Lane - defined 890.1.12 Lane closures - defined 890.1.13 m - defined 890.1.14 Material - defined 890.1.15 mm - defined 890.1.16 Municipal consent - defined 890.1.17 Municipal costs - defined 890.1.18 Municipal law enforcement officer - defined 890.1.19 Person - defined 890.1.20 Proponent - defined 890.1.21 Road - defined 890.1.22 Road closure - defined 890.1.23 Roadway - defined 890.1.24 Sidewalk - defined 890.1.25 Sidewalk closure - defined WORK PERMIT KITCHENER 890.2 FEBRUARY 2024 890.1.26 Upper tier municipality - defined 890.1.27 Utility structure - defined 890.1.28 Vehicle - defined 890.1.29 Very short duration work - defined 890.1.30 Warranty period - defined 890.1.31 Work - defined 890.1.32 Work permit - defined 890.1.33 Work zone - defined 890.1.34 Administrative Penalty By-law - defined 890.1.35 Designated provision - defined Article 2 PROHIBITIONS 890.2.1 Work permit - required Article 3 GENERAL 890.3.1 Work - joint project 890.3.2 Notification requirements - by City 890.3.3 Notification requirements - by Proponent 890.3.4 Work permit - non-transferable - expiry date Article 4 WORK PERMIT APPLICATION - INFORMATION & DOCUMENTATION 890.4.1 Application - authority 890.4.2 Application - information required 890.4.3 Application Form - Certificate of Insurance 890.4.4 Application Form - work sub-contractor - Certificate of Insurance 890.4.5 Application Form - false information WORK PERMIT KITCHENER 890.3 FEBRUARY 2024 Article 5 WORK PERMIT APPLICATION - TIMING 890.5.1 Application Form submission - deadline 890.5.2 Application Form - requiring road closure - consultation required 890.5.3 Application Form - requiring road closure - deadline Article 6 GRANT, REFUSAL OR REVOCATION OF WORK PERMIT 890.6.1 Notification - affected homes, municipality, regional 890.6.2 Work permit - decision - conditional 890.6.3 Application form - signing authority 890.6.4 Work permit - extension of - imposition of further conditions 890.6.5 Work permit - suspend/revoke - authority Article 7 EMERGENCY WORK 890.7.1 By-law compliance - extenuating circumstances Article 8 EXEMPTIONS 890.8.1 General 890.8.2 Canadian radio-television & telecommunications - municipal consent 890.8.3 Telecommunications Act - Broadcasting Act - entities prohibited Article 9 GENERAL RESPONSIBILITIES OF THE PROPONENT 890.9.1 Duties 890.9.2 Road work - timeline limitations - April-November 890.9.3 Road work - timelines - days/hours 890.9.4 Work zone - authority to inspect WORK PERMIT KITCHENER 890.4 FEBRUARY 2024 890.9.5 Cost and fees - responsibility for payment Article 10 RESTORATION 890.10.1 Duties - end of day 890.10.2 Duties - work completion 890.10.3 Quality control - compaction and compliance testing Article 11 MAINTENANCE AND WARRANTY 890.11.1 Infrastructure disturbance - restoration - meet City standards 890.11.2 Proponent’s utility structure - meet City standards Article 12 PENALTY 890.12.1 Contravention - fine - Provincial Offences Act 890.12.2 Administrative Penalty By-law - application 890.12.3 Administrative Penalty By-law - notice of contravention 890.12.4 Provincial Offences Act 890.12.5 No-payment Article 13 ADMINISTRATION AND ENFORCEMENT 890.13.1 Administration, enforcement - authority 890.13.2 Enforcement - authority - others 890.13.3 Order cessation - unsafe conditions - authority 890.13.4 Prescribed forms - at director’s request 890.13.5 Effective Date 890.13.6 Previous policy - repealed 890.13.7 Work permits - previously issued - grandfathered 890.13.8 By-law - naming of WORK PERMIT KITCHENER 890.5 FEBRUARY 2024 890.13.9 By-law - Municipal Code - by Clerk 890.13.10 By-law - severable - council limitations Article 1 DEFINITIONS 890.1.1 City - defined “City” means The Corporation of The City of Kitchener; 890.1.2 City of Kitchener Standards - defined “City of Kitchener Standards” may, at the discretion of the Director, include the following items as amended from time to time: (a) relevant by-laws of the City; (b) relevant regulations, legislation, and statutes; (c) the City’s Standard Specifications as compiled by the City’s Infrastructure Services Department (“CKSS”); (d) The City of Kitchener Development Manual and all corresponding appendices (“CKDMM”); (e) The Regional Municipality of Waterloo’s “Region of Waterloo and Area Municipal Design Guidelines and Supplemental Specifications for Municipal Services” (“DGSSMS”); (f) the Regional Municipality of Waterloo’s “Standard Construction Contract Specifications” (“SCCS”) as amended; and (g) the Ontario Provincial Standard Specifications (“OPPS”). 890.1.3 City road - defined “City road” means a road under the jurisdiction of the City; 890.1.4 Director - defined “Director” means the Director of Transportation Services for the City or any successor position or his or her designate and shall also include the City’s Traffic Project Coordinator; 890.1.5 Director of Engineering - defined WORK PERMIT KITCHENER 890.6 FEBRUARY 2024 “Director of Engineering” means the Director of Engineering for the City or his or her designate; 890.1.6 Director of Operations - defined “Director of Operations” means the Director of Operations for the City or his or her designate; 890.1.7 Driveway - defined “driveway” means that part of a road that provides vehicular access to and from the roadway and an adjacent property; 890.1.8 Emergency Medical Services - defined “Emergency Medical Services” means paramedic services provided by The Regional Municipality of Waterloo; 890.1.9 Emergency work - defined “emergency work” means unforeseen work that is necessary immediately because of imminent danger to life, health or property and shall include a: (a) washout or cave-in; (b) drainage impediment or ponding; (c) softspot; (d) settlement of the roadway surface greater than 50 mm; (e) damaged or leaking water or gas pipe; (f) damaged, plugged or leaking sanitary or storm sewer pipe; (g) damaged underground electrical or communications facility; (h) damaged or downed aboveground or overhead utility structure including a pole, anchor, guy wire, support strand, cable, splice enclosure, pedestal or cabinet; and (i) unscheduled interruption of utility service. 890.1.10 Infrastructure - defined “infrastructure” includes any public or private utility structure, copper or coaxial wire, fibre optic cable, pipe, conduit, pedestal, cabinet, antenna, vault, support structure, bike facility, bus stop facility, culvert, noise barrier, fence, guiderail, barricade, traffic island, traffic control device, sign, light, rail facility, pavement, subgrade, manhole, catch basin, WORK PERMIT KITCHENER 890.7 FEBRUARY 2024 handwell, valve chamber, valve box, curb, gutter, sidewalk, driveway, mailbox, hydrant, sod, berm, ditch, or watercourse; 890.1.11 Lane - defined “lane” means that part of a roadway that accommodates a single line of moving or parked vehicles; 890.1.12 Lane closure - defined “lane closure” means a closure of one or more lanes on a roadway such that the direction of traffic flow is maintained in all directions existing before the closure and no diversion of traffic to another road is required; 890.1.13 m - defined “m” means metres; 890.1.14 Material - defined “material” means construction material and shall include surface material; 890.1.15 mm - defined “mm” means millimetres; 890.1.16 Municipal consent - defined “municipal consent” means the written consent of the City which may be given by way of a municipal access agreement, with or without conditions for access to and use of a City road; 890.1.17 Municipal costs - defined “municipal costs” means labour, material, equipment and administrative costs incurred by the City as a result of work, including costs for temporary or permanent traffic control devices, costs where the proponent has failed to comply with any of the requirements of this Chapter, and costs for restoration of infrastructure in, on, over, under, across or along a road damaged by the work as deemed necessary by the Director at the end of the warranty period; 890.1.18 Municipal law enforcement officer- defined “municipal law enforcement officer” means a by-law enforcement officer or municipal law enforcement officer appointed by the City; 890.1.19 Person - Defined “person” includes, but is not limited to, an individual, sole proprietorship, partnership, association or corporation; 890.1.20 Proponent - defined “proponent” means a person who does or intends to do work on a City road personally or by means of an agent, servant, employee, subcontractor or licensee and shall include a utility commission or company, municipality or individual; WORK PERMIT KITCHENER 890.8 FEBRUARY 2024 890.1.21 Road - defined “road” includes, but is not limited to, a common and public highway, the right of way, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle infrastructure, and part of any property that is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof as well as any infrastructure thereon; 890.1.22 Road closure - defined “road closure” means a closure of one of more lanes on a road such that a diversion of traffic to another road is required; 890.1.23 Roadway - defined “roadway” means that part of a road that is improved, designed or ordinarily used for vehicular traffic including lanes, shoulders, and curb and gutter; 890.1.24 Sidewalk - defined “sidewalk” means that part of a road with a surface improved with asphalt, concrete or gravel for the use of pedestrians; 890.1.25 Sidewalk closure - defined “sidewalk closure” means a closure of part or the entire width of a sidewalk such that a diversion of pedestrians to another sidewalk is required; 890.1.26 Upper tier municipality - defined “upper tier municipality” means The Regional Municipality of Waterloo; 890.1.27 Utility structure - defined “utility structure” includes a storm sewer, sanitary sewer, watermain, gas, oil, hydro, telecommunications and traffic control signal equipment, plant, facilities and structures, whether in, on, over, under, across or along a City road; 890.1.28 Vehicle - defined “vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power including muscular power; 890.1.29 Very short duration work - defined “very short duration work” shall have the definition set out in the Ministry of Transportation of Ontario’s Ontario Traffic Manual Book 7 Temporary Conditions, as amended, and shall also include mobile operations; 890.1.30 Warranty period - defined “warranty period” means a period of two years after restoration of infrastructure in, on, over, under, across or along a City road damaged by the work, or longer as required by WORK PERMIT KITCHENER 890.9 FEBRUARY 2024 the Director, within which time the proponent must ensure that the restoration, together with all materials used in completing the restoration, complies with this Chapter; 890.1.31 Work - defined “work” means any excavation, cut or trench or other project to install, construct, place, move, remove, relocate, adjust, alter, clean, maintain, test, repair, replace, improve, or restore infrastructure in, on, over, under, across or along a City road including any work that extends from a City road to private property or on an unopened City road or any occupation of a City road for work adjacent to a City road, but does not include very short duration work undertaken by staff of a local municipality or maintenance work undertaken by City staff; 890.1.32 Work Permit - defined “Work Permit” means a Work Permit issued under this Chapter; 890.1.33 Work zone - defined “work zone” means the section of a City road where work takes place. 890.1.34 Administrative Penalty By-law - defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof; 890.1.35 Designated Provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 12. Article 2 PROHIBITIONS 890.2.1 Work permit - required No proponent shall undertake work without first having obtained any required Work Permit unless exempted by this Chapter. Article 3 GENERAL 890.3.1 Work - joint project When work is being undertaken as a joint project by two or more proponents and where such proponents have appointed one proponent as prime, the Director may consider the work to be one project for the purposes of this Chapter. 890.3.2 Notification requirements - by City When this Chapter requires that the City give any type of notification to the proponent, the Director, a municipal law enforcement officer or a police officer shall notify the proponent: WORK PERMIT KITCHENER 890.10 FEBRUARY 2024 (a) verbally, in person, or over the telephone through the proponent or any of their senior field personnel as identified in their Work Permit application; or (b) in writing, by regular mail, fax or e-mail addressed to the proponent or any of the proponent’s senior field personnel as identified in their Work Permit application. 890.3.3 Notification requirements - by Proponent When this Chapter requires that the proponent give any type of notification to the Director, unless specified differently in this Chapter the proponent shall notify the Director in writing by registered mail, fax or e-mail addressed to the Director. 890.3.4 Work permit - non-transferable - expiry date A Work Permit granted under this Chapter shall: (a) not be transferable from one proponent to another, from one design to another, from one location to another nor from one date and time to another, unless written permission is first obtained from the Director; and (b) expire upon the completion of the work or on the last date of the work as permitted by the Work Permit, whichever comes first. Article 4 WORK PERMIT APPLICATION - INFORMATION AND DOCUMENTATION 890.4.1 Application - authority The proponent shall apply to the Director for a Work Permit. 890.4.2 Application - information required When deemed applicable by the Director, every proponent who applies for a Work Permit shall provide the Director with: (a) the name, signature and position of the contact individual for the proponent and the proponent’s organization name, street address, telephone number, fax number, and e-mail address; (b) the name, telephone number and fax number of the most senior field personnel of the proponent or of the proponent’s agent, servant, employee, subcontractor, or licensee who is assigned to oversee the work; (c) a description of the work zone including the name(s) and number(s) of the City road(s) and the municipal address; WORK PERMIT KITCHENER 890.11 FEBRUARY 2024 (d) a description of the type and purpose of the work; (e) a description of the design of the work including whether the work is in, on, over, under, across or along the City road(s), the placement of the work within the work zone, and the proposed depth, width and length of any excavation, cut, or trench; (f) the scheduled starting date of the work and length of time estimated to complete the work; (g) any proposed lane closure, road closure, or sidewalk closure; (h) the requirement for any proposed removal or bagging of a parking meter, prohibition of curb parking, relocation of a bus stop, change to pavement markings or change to a traffic control device, including a temporary adjustment to traffic control signal timing or interference with a traffic signal loop; (i) whether the work is emergency work and the nature of the emergency; (j) a signed indemnity, satisfactory to the Director, stating that the proponent, both during and after the term of this Work Permit, shall at all times, and at its own cost, expense and risk, defend, indemnify and hold harmless The Corporation of the City of Kitchener, its elected officials, officers, employees, volunteers, agents, contractors, and all respective heirs, administrators, executors, successors and assigns from any and all losses, damages (including but not limited to, incidental, indirect, special and consequential damages, or any loss of use, revenue or profit by any person, organization or entity), fines, penalties and surcharges, liabilities (including, but not limited to, any and all liability for damage to property and injury to persons, including death), judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind (including, but not limited to proceedings of a criminal, administrative or quasi criminal nature) and expenses (including, but not limited to, legal fees on a substantial indemnity basis), which the indemnified person or persons may suffer or incur, howsoever caused, arising out of or in consequence of or directly or indirectly attributable to the work performed by the proponent, its agents, employees and sub-contractors, whether such losses, damages, fines, penalties and surcharges, liabilities, judgments, claims, demands, causes of action, contracts, suits, actions or other proceedings of any kind and expenses as defined above are due or claimed to be due to the negligence, breach of contract, and/or breach of law of the proponent, its agents, employees or sub-contractors; (k) any additional information or documentation for the purposes of administering this Chapter; WORK PERMIT KITCHENER 890.12 FEBRUARY 2024 (l) any other information required by City Council; (m) a non-refundable permit fee as set by Council of the City from time to time except in cases where work is being done for a municipality by employees, agents, or contractors of a municipality; and (n) such other information as reasonably requested by the Director. 890.4.3 Application Form - Certificate of Insurance The proponent shall provide the Director with a certificate of insurance in accordance with the provisions identified on the Work Permit application form or otherwise as satisfactory to the Director. 890.4.4 Application Form - work sub-contractor - Certificate of Insurance Where the proponent is planning to undertake the work by means of an agent, subcontractor or licensee, then the agent, subcontractor or licensee shall provide the Director with a certificate of insurance in accordance with the provisions as identified on the Work Permit application form or otherwise as satisfactory to the Director. 890.4.5 Application Form - false information No proponent applying for a Work Permit shall provide false information to the Director. Article 5 WORK PERMIT APPLICATION - TIMING 890.5.1 Application Form submission - deadline The proponent shall submit their Work Permit application to the Director at least five (5) business days prior to the requested issuance of the Work Permit. 890.5.2 Application Form - requiring road closure - consultation required Notwithstanding section 890.5.1 of this Chapter, when the work requires a City road closure or is complex in nature, the proponent shall consult with the Director as early as possible about the Work prior to its commencement taking into consideration the scale and complexity of the work, the proponent shall submit the Work Permit application at least five (5) days prior to the commencement of the work. 890.5.3 Application Form - requiring road closure - deadline Where work requires a City road closure or is complex in nature, the Director may require a proponent to submit a Work Permit application at least ten (10) business days prior to the requested issuance of the Work Permit. WORK PERMIT KITCHENER 890.13 FEBRUARY 2024 Article 6 GRANT, REFUSAL OR REVOCATION OF WORK PERMIT 890.6.1 Notification - affected homes, municipality, regional The Director may grant a Work Permit, refuse to grant a Work Permit or may grant a Work Permit imposing conditions as a requirement of obtaining and continuing to hold it including conditions that the proponent: (a) deliver a written notice setting out the type, purpose, location, date, time and other information as required not less than five (5) business days or as required by the Director in advance of the work to all affected homes, businesses, and institutions as determined by the Director; (b) deliver a written notice setting out the type, purpose, location, date and time of the work to all affected agencies not less than five (5) business days in advance of the work including the Waterloo Regional Police Services, the City’s Transportation Services Division, Grand River Transit, Emergency Medical Services, the Fire Departments, and the local municipalities, as determined by the Director; and (c) provide the Director with “before” and “after” photos of the work zone. 890.6.2 Work permit - decision - conditional In considering the grant, refusal or grant with conditions of a Work Permit, the Director may have regard to: (a) whether the work is necessary; (b) whether the proposed design, location or timing for the work is appropriate; (c) whether the work is likely to be carried out in compliance with the Work Permit and this Chapter, considering the conduct of the proponent, including timely payment of amounts owed to the City; (d) any conflict with a previously scheduled activity for which the City has granted a permit; (e) any outstanding fees from previous Work Permits; and (f) whether an off-site works permit has been issued by the City. 890.6.3 Application form - signing authority The Director may grant the Work Permit by signing the properly completed Work Permit application form. 890.6.4 Work permit - extension of - imposition of further conditions WORK PERMIT KITCHENER 890.14 FEBRUARY 2024 At any time after the Director has granted a Work Permit the Director may: (a) impose a condition on the Work Permit, upon giving notice to the proponent; or (b) extend the Work Permit to allow for additional work or time, at the request of the proponent. 890.6.5 Work permit - suspend/revoke - authority At any time after the Director has granted a Work Permit the Director, a municipal law enforcement officer or a police officer may suspend or revoke the Work Permit. Article 7 EMERGENCY WORK 890.7.1 By-law compliance - extenuating circumstances The proponent must comply with this Chapter to the fullest extent possible when undertaking emergency work, except when such compliance would result in an increased imminent danger to life, health or property. Article 8 EXEMPTIONS 890.8.1 General This Chapter does not apply to: (a) employees or agents of Emergency Medical Services or Waterloo Regional Police Services who are acting within the scope of their duties; (b) employees or agents of the City, who are acting within the scope of their duties; or (c) any transmitter or distributor as defined by the Electricity Act, 1998, S.O. 1998, c. 5, Sched. A. 890.8.2 Canadian radio-televison & telecommunications - municipal consent This Chapter shall not apply to the following entities when operating under a valid municipal consent including, without limitation, a Municipal Access Agreement with the City or in accordance with permission granted by the Canadian Radio-television and Telecommunications Commission: WORK PERMIT KITCHENER 890.15 FEBRUARY 2024 (a) a Canadian carrier as defined by the Telecommunications Act, S.C. 1993, c. 38; or (b) a distribution undertaking as defined by the Broadcasting Act, S.C. 1991, c. 11. 890.8.3 Telecommunications Act - Broadcasting Act - entities prohibited This Chapter shall not apply to any entity to the extent that such application is prohibited by either the Telecommunications Act, S.C. 1993, c. 38 or the Broadcasting Act, S.C. 1991, c. 11. Article 9 GENERAL RESPONSIBILITIES OF THE PROPONENT 890.9.1 Duties When undertaking the work, the proponent shall: (a) produce the Work Permit to the Director or a municipal law enforcement officer or a police officer on his or her demand; (b) comply with City of Kitchener Standards, all municipal by-laws and provincial and federal laws including those pertaining to safety, noise, trees, water resources, oversize loads, traffic control devices, railway crossings and the Occupational Health and Safety Act, R.S.O. 1990, c. O.1, as amended; (c) comply with the Ministry of Transportation of Ontario’s Ontario Traffic Manual Book 7 Temporary Conditions, as amended or replaced; (d) notify the Director at least five (5) business days in advance when the work: i. requires a change to an existing traffic control signal; ii. requires that the City prohibit parking; iii. requires reservation or use of parking spaces; or iv. may interfere with a traffic signal loop; (e) notify the Director at least ten (10) business days in advance when the work requires a City road closure; (f) undertake the work in accordance with City of Kitchener Standards; WORK PERMIT KITCHENER 890.16 FEBRUARY 2024 (g) apply and remove temporary pavement markings within a work zone using temporary pavement marking materials in accordance with City of Kitchener Standards; (h) conduct the work expeditiously; (i) work in a manner so as to avoid interference with or damage to any existing infrastructure; (j) work in a manner so as to maintain access to all properties with access affected by the work, consulting with adjacent property owners for this purpose and making known to them the schedule of the work; (k) work in a manner so as to avoid damage to property adjacent to the work zone; (l) work in a manner so as to avoid injuring or damaging any tree in accordance with City of Kitchener Standards; (m) not place material on any roadway or sidewalk where it creates a hazard to pedestrians or vehicles; (n) in accordance with sidewalk closures identified in the Work Permit, maintain safe and convenient passage for pedestrians through or around the work zone; (o) not allow material to obstruct the free passage of water through any drain, gutter, ditch or watercourse; (p) obtain required locates and inform themselves as to the existence and location of all underground and above-ground utilities at or adjacent to the work zone; (q) prior to commencing the work, satisfy themselves as to the existence or non-existence of any environmental contamination at the work zone; (r) not allow and immediately take action to control unnecessary dust or any other unnecessary or unreasonable annoyance to the public; (s) immediately clean any haul route that becomes dirty or when required to do so by the Director, a municipal law enforcement officer, or a police officer; (t) ensure that construction materials and equipment are properly secured within the work zone; WORK PERMIT KITCHENER 890.17 FEBRUARY 2024 (u) if required by the Director, provide the Director with as-built drawings of the work, within 90 days of the completion of the work; and (v) provide any additional information or documentation relating to the work as required by the Director. 890.9.2 Road work - timeline limitations - April-November The proponent shall limit the timing of any cutting, trenching, or excavation on any City road to the months from April to November of each year, unless permission is first obtained from the Director to do otherwise. 890.9.3 Road work - timelines - days/hours The proponent shall limit the days and hours of work on any City road to the times and days set by the Director for the work. 890.9.4 work zone - authority to inspect The proponent shall permit the Director, a municipal law enforcement officer, or a police officer, accompanied by any individual under their direction, to inspect the work zone. 890.9.5 Cost and fees - responsibility for payment The proponent shall pay all municipal costs and fees as required by the Work Permit. Article 10 RESTORATION 890.10.1 Duties - end of day Temporarily, when work ceases on each day, the proponent shall: (a) bring all excavations, cuts or trenches in the City road to grade in accordance with City of Kitchener Standards unless permission is first obtained from the Director to do otherwise; (b) bring all driveways to grade so that the driveways provide safe and convenient passage unless the proponent has made reasonable alternative arrangements in consultation with the owner of the property serviced by the driveway and in accordance with all other municipal or other requirements and City of Kitchener Standards to the satisfaction of the Director; and (c) leave the work zone in a safe and clean condition. 890.10.2 Duties - work completion Permanently and as soon as possible, when completing the work, the proponent shall: WORK PERMIT KITCHENER 890.18 FEBRUARY 2024 (a) restore all infrastructure in, on, over, under, across or along the City road in accordance with City of Kitchener Standards or as directed by the Director; and (b) remove all debris, refuse and excess excavated material from the work zone leaving it in a neat, clean and safe condition free from nuisance and similar to or better than the work zone condition prior to the work. 890.10.3 Quality control - compaction and compliance testing When required to do so by the Director, the proponent shall retain a qualified materials testing company to undertake specified compaction and compliance testing and report the results to the Director. Article 11 MAINTENANCE AND WARRANTY 890.11.1 Infrastructure disturbance - restoration - meet City standards The proponent shall maintain any infrastructure that has been disturbed and restored by the proponent in accordance with City of Kitchener Standards for the duration of the warranty period. 890.11.2. Proponent’s utility structure - meet City standards The proponent shall maintain their utility structure in, on, over, under, across or along a City road in a safe and clean condition, including maintaining their appurtenances on a City road to meet the tolerances in City of Kitchener Standards. Article 12 PENALTY 890.12.1 Contravention - fine - Provincial Offences Act Every person who contravenes any provision of this Chapter and every director or officer of a corporation who concurs in such contravention by a corporation is guilty of an offence and is liable, upon conviction, to a fine for each offence, not exceeding twenty five thousand dollars ($25,000), exclusive of costs for each offence, recoverable under the Provincial Offences Act, R.S.O., 1990, c. P.33 as amended. 890.12.2 Administrative Penalty By-law - application Articles 2, 9, 10 and 11 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 890.12.3 Administrative Penalty By-law - notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. WORK PERMIT KITCHENER 890.19 FEBRUARY 2024 890.12.4 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 890.12.5 No-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 890.12.3. Article 13 ADMINISTRATION AND ENFORCEMENT 890.13.1. Administration, enforcement - authority The Director of Transportation Planning is responsible for the administration and enforcement of this Chapter. 890.13.2 Enforcement - authority - others This Chapter may be enforced by the Director, the Director of Operations, the Director of Engineering, a municipal law enforcement officer, or a police officer. 890.13.3 Order cessation - unsafe conditions - authority Every person shall comply with a direction of the Director to cease work on a road and shall forthwith comply with a direction of the Director to return the road to a safe 890.13.4 Prescribed forms - at director’s request Any administrative forms required under this Chapter may be prescribed from time to time by the Director. 890.13.5 Effective Date This Chapter comes into force and effect on January 1, 2018. 890.13.6 Previous policy - repealed Council Policy #I-1195 (Construction and Work Area Traffic Control Signing) is repealed when this Chapter comes into force and effect. 890.13.7 Work permits - previously issued - grandfathered Notwithstanding section 890.13.6, all permits for work issued under the City’s policies addressing permits for work that are in effect at the time this Chapter is passed shall be deemed to be Work Permits issued under this Chapter with all necessary modifications, and all the rules, requirements and regulations of this Chapter shall apply to such Work Permits. 890.13.8 By-law - naming of WORK PERMIT KITCHENER 890.20 FEBRUARY 2024 This Chapter may be cited as the “Work Permit By-law”. 890.13.9 By-law - Municipal Code - by Clerk The Clerk of the City is hereby directed to make this Chapter a part of The City of Kitchener Municipal Code as Chapter 890 by adding it to the Concordance and arranging and numbering it so as to fit within the scheme of the Code. 890.13.10 By-law - severable - council limitations It is hereby declared that each and every of the foregoing sections of this Chapter is severable and that, if any provisions of this Chapter should for any reason be declared invalid or beyond the power of the Council to enact by any Court or body having jurisdiction over the matter, it is the intention and desire of Council that each and every of the then remaining provisions hereof shall remain in full force and effect. By-law 2017-098, 25 September 2017; By-law 2024-015, 22 January 2024.