Proposed Amendments to By-Law No. 60-1998 -

The Carbon Monoxide Detector By-Law

The Urban Environment and Development Committee recommends that:

(1)the following proposals as contained in the joint report (January 29, 1999) from the Fire Chief and the Commissioner of Works and Emergency Service to revise the Carbon Monoxide Detector By-law be endorsed, and that authority be granted for the introduction of the necessary bill in Council to give effect thereto:

(a)multi-unit residential buildings should be exempted from the requirements for carbon monoxide (CO) alarms with the following exceptions:

(i)multi-unit residential buildings with common fuel-fired forced air heating systems - all dwelling units within such buildings that are heated by a common fuel-fired central system should be required to have CO alarms;

(ii)multi-unit residential buildings with fuel-fired appliances in some or all of the suites - all dwelling units within such buildings that have any fuel-fired fireplaces, ranges, heating equipment, etc. should be required to have CO alarms;

(iii)multi-unit residential buildings where fuel-fired appliance rooms share common walls with dwelling units or are located directly above or below dwelling units, such dwelling units should be required to have CO alarms;

(iv)multi-unit residential buildings with attached garages - dwelling units sharing common walls with garages or that are located directly above garages should be required to have CO alarms;

(v)multi-unit residential buildings with fuel-fired appliances in rooms that are part of the building should have carbon monoxide alarms located in the room containing the fuel-fired appliance. The alarm should be connected in such a way that building supervisory staff are notified when the alarm is actuated; and

(b)maintenance requirements for all fuel-fired equipment (heating, cooking, etc.) should be made a part of the By-Law requirements. Appropriate maintenance standards as recommended by the Technical Standards and Safety Authority be referenced in the By-Law;

(c)in the "Definitions" section, the term "Boarding or Lodging House" should be revised to read "Boarding, Lodging or Rooming House" to match the terminology used in both the Fire and Building Codes;

(d)in the definition of "Boarding or Lodging House", the criteria that determines whether a particular building is affected should be changed. The phrase "for gain" should be changed to the Fire Code criteria "in return for remuneration or the provision of services or both";

(e)the term "electrically powered" in the definition of "Carbon Monoxide Detector" should be changed. A phrase such as "connected to the primary electrical supply for the building" is more accurate;

(f)the term "multiple occupancies" in Item 4 should be changed to "multiple dwelling units";

(g)revise the By-Law to require that carbon monoxide alarms conform to the most recent version of any of three available standards;

(h)revise the By-Law to require additional carbon monoxide detectors in boarding, lodging and rooming houses;

(i)revise the By-Law to confirm application to group homes, nursing homes and similar places of residence and to require protection for the occupants of hotels, hospitals, and similar places of temporary accommodation;

(j)revise the By-Law to clarify the responsibilities of owners and occupants of dwelling units with respect to the installation, maintenance and testing of carbon monoxide alarms; and

(k)revise the By-Law to clarify the audibility requirements for carbon monoxide alarms;

(2)the resolution from the Town of Newmarket contained in the communication (December 10, 1998) from the Director of Corporate Services/Town Clerk be endorsed subject to amending the first paragraph by adding the word "existing" before the word "residential", so as to read:

"That the Province of Ontario be requested to amend the Ontario Building Code to require the installation of carbon monoxide detectors in all existing residential dwelling units"; and

that the Minister of Municipal Affairs and Housing be so advised of Council's endorsement; and

(3)the Fire Chief be requested to communicate with all Fire Chiefs in Ontario to urge them to put pressure on the Province of Ontario to ensure that the installation of Carbon Monoxide Detectors is included in the Ontario Building Code.

The Urban Environment and Development Committee reports, for the information of Council, having:

(1)requested the Fire Chief and the Chief Building Official, to report to the Urban Environment and Development Committee on the implementation of enforcing the by-law with regards to multi-residential buildings; and

(2)deferred consideration of the following Motion placed by Councillor Moscoe pending an in-camera report from the Fire Chief on this matter:

"That Nadine International be struck from the City's list of potential bidders".

The Urban Environment and Development Committee submits the joint report (January 29, 1999) from the Fire Chief and the Commissioner of Works and Emergency Services:

Purpose:

To outline proposed amendments to the above by-law.

Recommendations:

It is recommended that proposals contained in this report for revisions to the Carbon Monoxide Detector By-Law be endorsed and referred to staff to prepare an amending By-Law.

Council Reference/Background/History:

Six amendments to By-Law 60-1998 were proposed previously in the report to the Urban Environment and Development Committee dated November 16, 1998, titled, "Review of Requested Amendments to By-Law 60-1998 - "The Carbon Monoxide Detector By-Law".

We continue to recommend the six proposed amendments from the above report. For convenience they are all set out below (numbered as they appeared in the previous report for continuity):

1.Multi-unit residential buildings should be exempted from the requirements for carbon monoxide (CO) alarms with the following exceptions:

A.Multi-unit residential buildings with common fuel-fired forced air heating systems - all dwelling units within such buildings that are heated by a common fuel-fired central system should be required to have CO alarms.

B.Multi-unit residential buildings with fuel-fired appliances in some or all of the suites - all dwelling units within such buildings that have any fuel-fired fireplaces, ranges, heating equipment, etc. should be required to have CO alarms."

C.Multi-unit residential buildings where fuel-fired appliance rooms share common walls with dwelling units or are located directly above or below dwelling units, such dwelling units should be required to have CO alarms.

D.Multi-unit residential buildings with attached garages - dwelling units sharing common walls with garages or that are located directly above garages should be required to have CO alarms.

E.Multi-unit residential buildings with fuel-fired appliance in rooms that are part of the building should have carbon monoxide alarms located in the room containing the fuel-fired appliance. The alarm should be connected in such a way that building supervisory staff are notified when the alarm is actuated.

2.Maintenance requirements for all fuel-fired equipment (heating, cooking, etc.) should be made a part of the By-Law requirements. Appropriate maintenance standards as recommended by the Technical Standards and Safety Authority should be referenced in the By-Law.

3.In the "Definitions" section, the term "Boarding or Lodging House" should be revised to read "Boarding, Lodging or Rooming House" to match the terminology used in both the Fire and Building Codes.

4.In the definition of "Boarding or Lodging House", the criteria that determines whether a particular building is affected should be changed. The phrase "for gain" should be changed to the Fire Code criteria "in return for remuneration or the provision of services or both".

5.The term "electrically powered" in the definition of "Carbon Monoxide Detector" should be changed. A phrase such as "connected to the primary electrical supply for the building" is more accurate.

6.The term "multiple occupancies" in Item 4 should be changed to "multiple dwelling units".

Comments and/or Discussion and/or Justification:

Since the previous report, more submissions on the By-Law have been received. In addition, several recent & significant carbon monoxide poisoning incidents have occurred. As a result, additional proposals for amendments to the By-Law are being made as follows (numbered in sequence after the above proposed amendments):

7.Revise the By-Law to require that carbon monoxide alarms conform to the most recent version of any of three available standards.

8.Revise the By-Law to require additional carbon monoxide detectors in boarding, lodging and rooming houses.

9.Revise the By-Law to confirm application to group homes, nursing homes and similar places of residence and to require protection for the occupants of hotels, hospitals, and similar places of temporary accommodation.

10.Revise the By-Law to clarify the responsibilities of owners and occupants of dwelling units with respect to the installation, maintenance and testing of carbon monoxide alarms.

11.Revise the By-Law to clarify the audibility requirements for carbon monoxide alarms.

Conclusions:

The recommended amendments listed in the "Comments" section above are intended to clarify the requirements of the By-Law as well as offer protection for other types of occupancies where there is a potential of carbon monoxide poisoning.

Contact Name:

Terry Boyko, Deputy Fire Chief

397-4302

The Urban Environment and Development Committee also submits the report (December 10, 1998) from Mr. Robert M. Prentice, Director of Corporate Services/Town Clerk Town of Newmarket, addressed to all Municipalities in Ontario with populations over 50,000:

The Town of Newmarket Council adopted the following resolution at its meeting held on December 7, 1998:

WHEREAS the use of carbon monoxide alarms has been proven to contribute to the reduction of carbon monoxide poisoning;

AND WHEREAS the incidence of carbon monoxide poisoning within buildings and its threat to the health and safety of the residents of Ontario has been clearly recognized by many municipalities through the introduction of public awareness campaigns and the adoption of different municipal by-laws requiring installation of detectors;

AND WHEREAS the Ontario Building Code currently only requires the installation of carbon monoxide detectors in new houses where there is a solid fuel burning device such as a fireplace or a wood burning stove and does not apply to homes built prior to 1994;

AND WHEREAS the use of carbon monoxide detectors in all buildings is an effective method to protect the residents of Ontario from the threat of carbon monoxide poisoning;

THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE TOWN OF NEWMARKET AS FOLLOWS:

THAT the Province of Ontario be requested to amend the Ontario Building Code to require the installation of carbon monoxide detectors in all residential dwelling units;

AND THAT a copy of this resolution be forwarded to all municipalities in the Province of Ontario with a population over 50,00 or support.

Council of the Town of Newmarket respectfully requests your support of the above resolution and that you advise the Honourable Al Leach, Ministry of Municipal Affairs and Housing, 17th Floor, 777 Bay Street, Toronto, Ontario, M5G 2E5 of your support.

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The Urban Environment and Development Committee reports, for the information of Council, also having had before it during consideration of the foregoing matter the following communications, and copies thereof are on file in the office of the City Clerk:

-(January 6, 1999) from the City Clerk, forwarding the action of City Council on December 16 and 17, 1998 respecting Clause 5 of Report No. 14 of The Urban Environment and Development Committee, headed "Proposed Amendments to By-law No. 60-1998 - 'The Carbon Monoxide Detector By-law' (All Wards), which Council struck out and referred back to the Urban Environment and Development Committee for further consideration;

-(December 16, 1998) from Ms. Sandra Pavan, Beacon Hill Tenants Association, requesting that building standards be enforced in her apartment building; and

-(December 16, 1998) from Mr. Wilfrid Worland, Director, Asset Management Branch, Metropolitan Toronto Housing Authority, requesting clarification on the City of Toronto's municipal by-law No. 60-1998 - standards on carbon monoxide detector installations.