Confirmation of Minutes

On motion by Councillor Mike Feldman, the Minutes of the Meeting of the Licensing and Standards Committee held on April 15, 2009 were confirmed.

The Licensing and Standards Committee referred the report (April 15, 2009) on Mandatory Child Restraint Seats in Taxicabs back to the Executive Director, Municipal Licensing and Standards, with a request to consult further with the taxicab industry and report back to the Licensing and Standards Committee on:

a.         the mandatory requirement to have appropriate anchors installed in taxis to facilitate the installation of child restraint seats;

b.         ways to make child restraint seats available by pre-booking a taxicab; and

c.         how the City of Toronto can encourage brokerages and taxi companies to make available some vehicles with child restraint seats.

The following motion by Councillor Frances Nunziata was not placed:

"That the Province of Ontario be requested to amend the Highway Traffic Act and/or R.R.O. Regulation 613, Seat Belt Assemblies, to mandate child restraint seats in taxicabs."

R.R.O., Regulation 613, Seat Belt Assemblies, as amended, (Regulation 613) to the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, (Highway Traffic Act) specifically exempts taxicab drivers from the requirements to provide a car seat for children, except when the taxicab is operated by or under contract for the transportation of children with a school board or other authority in charge of a school.

It is currently beyond the authority of the City to mandate child restraint seats in taxicabs. An amendment to the Highway Traffic Act and/or Regulation 613 would be required before the matter could be further considered.

The Licensing and Standards Committee again recommends that:

1.         City Council adopt the proposed by-law amendments to Toronto Municipal Code Chapter 629, Property Standards, substantially as in Appendix A of the report (April 27, 2009) from the Executive Director, Municipal Licensing and Standards.

2.         The by-law shall apply to mercantile occupancies over 3,230 square feet that are required by the Ontario Building Code to provide public washrooms for the use of their customers.

3.         The retail occupancy shall ensure that those washrooms are available for the use of their customers at all times that the mercantile occupancy is open for business.

4.         Each mercantile occupancy which is required by this by-law to provide washroom access to its customers shall display a sign indicating that such washroom access is available.

5.         Each sign shall:

a.         be deployed in a prominent manner so that its is plainly readable by any customer; and

b.         be in a form and of a size approved by the Executive Director, Municipal Licensing and Standards, or his designate.

6.         The signage provisions in the draft by-law be amended to add the words "or such other signage that incorporates the universal male and female symbols for washrooms and is to the satisfaction of the Executive Director, Municipal Licensing and Standards".

7.         City Council direct the City Solicitor to prepare the necessary bill to give effect to any recommendations adopted by Council; and

8.         City Council authorize and direct City staff to take any other action necessary to implement the by-law amendments.

The Licensing and Standards Committee requested the Executive Director, Municipal Licensing and Standards to advise the Chair and Members of the Committee if the Toronto Transit Commission can be requested to comply with this by-law.

This report recommends the adoption of amendments to the Property Standards By-law (Municipal Code Chapter 629) in order to ensure that washroom facilities in all mercantile occupancies are maintained as provided at the time of construction in accordance with the approved building permit.

The Ontario Building Code (Building Code) regulates certain aspects related to washroom facilities dependant on use and occupant load. Generally, the Building Code does not contain signage provisions for washrooms in mercantile occupancies, and does not regulate the availability of such facilities for the customers or other patrons of such establishments.

Toronto Public Health, under the authority of the Health Protection and Promotion Act and associated regulations, do impose requirements related to washroom facilities and also deal with issues raised over time, but only as it pertains to food premises and not within other mercantile occupancies (retail establishments).

For these reasons, the City’s Property Standards by-law, which is applicable to all property and intended to provide the standards for maintenance and occupancy, can be applied to pre-existing buildings in setting standards for washroom facilities within this type of occupancy not already covered by Toronto Public Health.

This report and draft by-law that was originally considered by Licensing and Standards Committee at its meeting of October 15, 2008 as item LS16.6 is being resubmitted. City Council, at its October 29 and 30, 2008 meeting, referred the original report to the General Manager of Economic Development, Culture and Tourism for a report on the economic impacts on businesses. The General Manager has submitted his report to the Committee under separate cover.

The Chief Building Official, the Medical Officer of Health and the City Solicitor were consulted in the preparation of this report.

The proposed by-law amendments will have several types of economic impacts, but generally these impacts are expected to be modest. Most retailers already comply with the spirit of the proposed changes to the Property Standards By-law; however, some unknown number of retailers do not provide washrooms for customer use.

The proposed changes to the by-law will have the effect of creating a public perception that they have a “right” to use a washroom in a store, where most residents currently view this as a privilege. In addition, the proposed signage provisions will have an impact on some retailers. The recommendation in this report is designed to mitigate the impact of the signage provisions.  

Consultations have been conducted with industry stakeholders to get a better sense of these impacts. Generating a reliable monetary estimate of potential impacts would, however, require door-to-door sampling of many retail establishments, and would be cost and time prohibitive.

This report was drafted in consultation with Municipal Licensing and Standards staff.

The Licensing and Standards Committee:

1.         referred the report (April 20, 2009) on Motion Controlled Apartment Building Corridor Lighting back to the Executive Director, Municipal Licensing and Standards, with a request to:

a.         consult further with interested parties, such as the Greater Toronto Apartment Association;

b.         consider in reviewing the minimum lighting in hallways, that the minimum lighting level be set at 10 lux with sufficient detection to detect motion at all doorways;

c.         report further on areas such as garbage and locker rooms; and

2.         requested that the report be forwarded to the Tenant Defence Subcommittee for their information.

The Ontario Building Code in section 12.2.2.1 permits the use of motion sensor controlled lighting in the common areas of apartment buildings except where the lighting is intended for 24-hour operation; the lighting is emergency lighting; or the lighting for spaces where an automatic shut-off would endanger safety or security

The purpose of this report is to recommend an amendment of the Toronto Municipal Code Chapter 629, Property Standards, § 629-36 so that the owners of existing multiple residential apartment buildings are permitted to realize energy savings by permitting the installation and use of motion controlled switches.

Three areas in buildings were considered: interior corridors; stairways; and garages.

All interior lighting required to provide a minimum level of illumination may be controlled by motion sensor controlled switches, except where the lighting is:

(a)        For a storage garage with a capacity of more than five vehicles.

(b)        For a stairway.

(c)        Adjacent to or within a doorway identified as an exit.

It is also considered, from a safety and security prospective, to be highly desirable that a minimum level of illumination of 10 lux is maintained at all times, in all areas.

The Licensing and Standards Committee:

1.         deferred consideration of the reports (April 14, 2009) from the Executive Director, Municipal Licensing and Standards and (February 18, 2009) from Carol Shirtliff-Hinds, Chair of the Toronto Licensing Tribunal, to its meeting on September 21, 2009;

2.         requested the Executive Director, Municipal Licensing and Standards to provide to the Licensing and Standards Committee, for its meeting on September 21, 2009:

a.         the privacy impact assessment report re the posting of the Toronto Licensing Tribunal decisions; and

b.         a completed report on the review of Appendix K of Chapter 545 with a recommendation to be tabled at the Licensing and Standards Committee no later than its September 21, 2009 meeting;

3.         requested that the Chair of the Toronto Licensing Tribunal be invited to provide input at these meetings; and

4.         requested the City Solicitor to meet with the Chair of the Toronto Licensing Tribunal to review the issues surrounding their brochure and report back to the Licensing and Standards Committee, if necessary.

Ms. Carol Shirtliff-Hinds, the Chair of the Toronto Licensing Tribunal, submitted a report, dated February 18, 2009, to the Deputy City Manager, and the Licensing and Standards Committee.

In her report, Ms Shirtliff-Hinds identifies three primary concerns:

1.         Tribunal Decisions are not at this time published on the City Web Site;

2.         The wording, provided in appendix K of the City of Toronto, Municipal Code Chapter 545, Licensing, requires review and amendment for clarity; and

3.         A review of the Relationship Framework that exists between the Tribunal and Council is required.

A copy of the report of the Chair of the Toronto Licensing Tribunal, dated February 18, 2009, has been provided to the Legal Services and Court Services Divisions and to the City Managers Office for their information.

Submitting the 2008 Toronto Licensing Tribunal Annual Report.

Toronto Fire Services regulates five types of fireworks vendors that provide a variety of methods to sell fireworks and make them available to citizens for Victoria Day, Canada Day and such celebrations as Diwali.  While the Permanent Fireworks vendors can sell year round, all other temporary vendors can sell on the Victoria Day, Canada Day and Diwali holidays and the 7-day periods before each of these celebrations.  To assist with the discharge of fireworks for cultural and special events, the fireworks by-law gives the City the ability to issue Special Occasions Discharge Permits for family fireworks.  The Special Occasions Discharge Permits will enable Toronto Fire Services to account for and document fireworks that the City has authorized to be safely discharged.