Condo Business

Canada’s Most Widely Read Condominium Magazine

September 2018 • Vol. 33 #4

NOT BY DESIGN

Lobbies left bare after lounge furniture flagged as multi-res fire risk

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PA R T O F T H E

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Altering common elements, pest-proofing renovations and maximizing warranty coverage

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Contents FOCUS ON: DESIGN AND RENOVATION

14

Laying the groundwork for successful landscape improvements

By Kent Ford

18

Making accessibility more accessible

By Jose De Oliveira

20

Flammable materials

By Michelle Ervin

26

Maintenance Tips for maximizing common element warranty coverage

By Gerard Gransaull

30

How to keep pests out during renos

By Alice Sinia

34

Development Build large units and families will come?

By Ben Myers

36

Regulation New pool rules apply to condos

By Jocelyn Duquette

DEPARTMENTS

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Governance An experienced director shares section 98 lessons

By Mike Bodnar Legal Section 98 agreements from the developer

By Michelle Kelly Discharging liens under the new Construction Act

By David Lu

IN EVERY ISSUE

8

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EDITOR'S LETTER

Not by design

Publisher Maya Merchant

This past spring, I went on something of

a spree, purging books, clothes and all manner of miscellany from my unit — as one does after reading Marie Kondo’s The Life-Changing Magic of Tidying Up: The Japanese Art of Decluttering and Organizing. For the uninitiated, the emphasis is on decluttering, not organizing. The logic goes that the less stuff you have, the easier it becomes to maintain a tidy home.

Minimalism holds particular appeal for an apartment-dweller like me. There’s only so much stuff that can be squeezed into 750 square feet alongside a husband and a cat.

Residents of condo buildings may be constrained to some extent by the four walls of their individual units, but they also have access to shared amenities, which may compensate for the sometimes small footprint of their personal living space. However, a fire-safety risk has recently emerged in multiresidential buildings that may be making lobbies — which are kind of like the communal living rooms of condos — feel a little less like home.

As detailed in this month’s cover story, Toronto Fire Services is looking at the flammability of lounge furniture located in means of egress for the purposes of enforcing code requirements. In some cases, property managers have been forced to remove the cushy seating commonly found in condo lobbies.

Safety first, as the saying goes. At the same time, a clear path forward has yet to emerge. The types of furniture that have been deemed safe have reportedly left something to be desired from a comfort point of view.

Also in this issue, which has a focus on design and renovation, are articles on making condos friendlier for dog owners by providing amenities such as mud rooms and incorporating accessibility into refurbishments to aesthetically and cost-effectively make communities more inclusive. Plus, an experienced director shares ideas on how to improve compliance with the section 98 agreements that unit owners require to make changes to common elements.

Condo buildings are a natural place to practice minimalism. Storage lockers aside, the space constraints of multi-residential living force apartment dwellers to take a hard look at what’s really important to have in their units.

For condo corporations caught up in the recent crackdown on flammable lounge furniture, who have had minimalism thrust upon them, cushy seating in the space that welcomes residents and visitors alike into their building may just be the common-element equivalent of those essentials. If so, shelling out to install a sprinkler system might well become one of the preferred compliance options.

Michelle Ervin Editor, CondoBusiness michellee@mediaedge.ca JTB_Condo_March_2017_FINAL.pdf

Editor Michelle Ervin Advertising Sales Liam Kearney Kelly Nicholls Melissa Valentini Senior Designer Annette Carlucci Production Manager Rachel Selbie Contributing Writers Mike Bodnar, Jose De Oliveira, Jocelyn Duquette, Kent Ford, Gerard Gransaull, Michelle Kelly, David Lu, Ben Myers, Gilleen Pearce, Alice Sinia Digital Media Director Steven Chester Subscription Rates Canada: 1 year, $60*; 2 years, $110* Single Copy Sales: Canada: $10*.

Elsewhere: $12 USA: $85 International: $110 *Plus applicable taxes Reprints: Requests for permission to reprint any portion of this magazine should be sent to info@mediaedge.ca.

Circulation Department Anthony Campbell circulation@mediaedge.ca (416) 512-8186 ext. 234 CONDOBUSINESS is published six times a year by

President Kevin Brown Director & Group Publisher Sean Foley Accounting Manager Nadia Piculik, CPA, CMA 5255 Yonge Street, Suite 1000, Toronto, ON M2N 6P4 (416) 512-8186 Fax: (416) 512-8344 e-mail: info@mediaedge.ca CONDOBUSINESS welcomes letters but accepts no responsibility for unsolicited manuscripts or photographs.

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Designs on dog ownership Naama Blonder and Misha Bereznyak live in a two-bedroom

BY GILLEEN PEARCE

apartment overlooking Grange Park in downtown Toronto.

They don’t have a dog yet, but it won’t be long before they join the thousands of young Toronto professionals who bring home their dream puppy (in their case, likely a corgi).

Blonder was a part of a team exploring with the City of Toronto how condos can be designed better for families. One topic that came up constantly was living with dogs in condos.

Naama Blonder, co-founder of Smart Density, answers: How can dogs be better accommodated in condos?

Dogs can and do live in the densest of cities. But we need to plan for them. Houses are not affordable for many millennials. People are asking themselves: “Are we going to commute to work for an hour or more each way, or are we going to live in a condo downtown? How do we adapt our lifestyle to condo living?”

There’s the unit level, the building level, and the neighbourhood level. A lot of the planning responsibility is on architects, builders, and politicians. But there are some things individuals can do too.

Let’s start with the unit.

Condo units are small. With smart design, most needs can be met at the overall building level. Even so, balconies are quite helpful with pets.

Dogs need to go outside often for exercise and well-being. Most people work outside the home, and benefit from dog walkers and other professionals to help out during the day.

8 CONDOBUSINESS | Part of the REMI Network

Next, there is the building level.

Buildings need to convert underutilized physical spaces into dogfriendly and family-friendly spaces. Think, for example, a mud room. A place to clean the dogs — or wash off mud from a soccer game.

Another example — party rooms are mostly vacant, and kids and dogs usually get along. Why not do family-friendly potlucks inviting everyone? As a special guest, a dog trainer could attend and teach kids how to read dog body language.

Lastly, when living with a dog in a condo, think about the neighbourhood.

Every park is a condo’s backyard. Owners will want to spend time in them with their dogs, and possibly in the off-leash parks available as well. Owners may be able to advocate for more off-leash spaces in and around their condo, or simply more green spaces in the neighbourhood. Those green spaces are essential. 1 Naama Blonder is co-founder of Smart Density (http://smartdensity. com/), an architecture and urban design firm based in Toronto.

Gilleen Pearce is the owner of Walk My Dog Toronto (https:// walkmydog.to/), which offers dog-walking services and in-home pet care services in downtown Toronto.

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MANAGEMENT GOVERNANCE

An experienced director shares section 98 lessons The original authors of section 98 of Ontario’s Condominium Act must never

BY MIKE BODNAR

have envisioned that it would become a rabbit hole.

On paper, the act requires owners to satisfy certain requirements if they wish to alter common elements, even if the owner has exclusive use of them. These requirements include obtaining prior approval from their condo board.

In reality, owners will knowingly make changes fall through the cracks, doing as they please, and then beg forgiveness (i.e. board permission) after they get caught.

Why should boards bother to enforce section 98? Well, boards have a duty to ensure that all sections of the act (within their sphere of responsibility) are followed, but more importantly, enforcing section 98 compliance will maintain and enhance property values. Enforcement will also prevent future potential liability to the corporation through control of owner do-ityourself projects that may not meet building and fire codes.

As section 98 now stands, following recent reforms to the act, boards, in their discretion, can grant approval for owners to make changes to their exclusive use common element. However, owners must first enter into a section 98 indemnity agreement with the corporation before making their changes.

But what if there is no section 98 agreement in place? What if the condo developer allows original buyers to make changes prior to registration, to enhance curb appeal and to sell more units? (Think: model home.) What if owners make changes to their units, and then move on, before condo management finds out? What if owners plead ignorance of the act?

Here’s an idea: Why can’t a condo developer’s lawyer register a section 98 general agreement along with the original declaration? (Editor: See the following

10 CONDOBUSINESS | Part of the REMI Network

article, “Section 98 agreements from the developer,” for more on this.) In the meantime, in the absence of such an agreement, how can boards avoid the rabbit hole?

Employ proactive management companies and engage condo lawyers right after corporate registration, and enact a section 98 group indemnity agreement as soon as possible. A section 98 group indemnity agreement is one that secures the condo corporation from any loss arising from owner-originated changes. It covers a group of owners that have signed on to it, as opposed to the corporation striking individual agreements with each owner, one at a time.

Research what kinds of changes should or should not be included in an agreement. Examples of changes could include the addition of retractable screen doors and awnings, satellite dishes, direct

GOVERNANCE

vent fireplaces, garden lighting, and deck renovations. Check with the corporation’s common element insurer, however, before allowing items such as hot tubs in units. Better still, go for a general agreement, so as not to limit future, unforeseen changes that owners may wish to make.

Remember, owners are not legally required to join the group agreement, just the individual one. No owners’ meeting or vote is required. There are legal costs, however, with establishing indemnity agreements, but a group agreement, in which participating owners share the cost, is less expensive than the cost of owners undertaking their own individual agreements.

Educate owners that it is to their advantage to buy into the group indemnity agreement.

Not only will they save money by sharing the initial legal costs, but also save themselves future legal hassles with the corporation when applying for changes, or selling their unit.

Then enforce the agreement. Be prepared to catch up with existing original owners who moved in prior to registration and current non-compliant ones. And be consistent in enforcement, especially when new boards and condo managers replace outgoing ones.

Enforcement is best left to the condo manager, but boards can help by exercising C their diligence. Communicate with owners and M don’t be afraid to do a walk-around to see what has changed. At the same time, it’s important Y to consider the advice of the corporation’s CM condo manager.

MY Above all, don’t procrastinate! Don’t place CY section 98 applications on the back burner just because priority issues arise.

CMY When reviewing section 98 applications, K boards should consider whether the requested change will enhance and maintain the overall property value of the unit and the condo development. Boards should also consider whether the proposed change will impact other unit owners, incur future corporate expense or liabilities, or satisfy the condo declaration, bylaws, and rules.

Section 98 can be a great tool for enhancing property values and making owners feel that their condo is their castle. Just don’t let it become a rabbit hole. 1

Communicate with owners and don’t be afraid to do a walk-around to see what has changed.

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www.REMInetwork.com | September 2018 11

Section 98 agreements from the developer Interestingly, the Condominium Act does not prohibit

BY MICHELLE KELLY

a developer from entering into a section 98 agreement with the condo while it still owns the units. In fact, many developers now include section 98 agreements as a standard part of the disclosure package that they provide to potential purchasers.

12 CONDOBUSINESS | Part of the REMI Network

LEGAL

Shortly after the declaration and description of work compared to agreements put in are registered creating the condo, and before place by the developer because the signature any of the units are sold to the purchasers, of each owner must be collected with a the developer registers the agreement group agreement. against all of the units. The board of directors Not withstanding t h e b e n ef i t s , appointed by the developer will sign the developers and their law yers must agreement on behalf of the condo and a b e c a ref u l w h e n p ro p o s i n g t h e s e representative of the developer will sign as agreements. As mentioned above, the owner of the units. In many cases the person agreement should b e disc lose d to signing on behalf of the condo is the same purchasers in the disclosure package so person signing for units. There is nothing they are aware of it before they purchase improper in this arrangement as long as it is the unit, especially where the agreement done in accordance with the requirements shifts responsibilities for maintenance, of the act. repairs, and insurance to the owners of A section 98 agreement from the the units. Disclosing the agreement will developer can save the condo a significant protect the developer, but it will also make amount of time, effort, and money as it it easier for the condo to enforce the eliminates the need for the condo to enter agreement against any owner who chose into individual agreements with each owner not to follow the terms of the agreement. looking to change the common elements.

It is fairly common for developers to offer (Note: those owners would still require board upgrades or extra features to purchasers. approval.) Group section 98 agreements, Sometimes these are constructed before which are an improvement over individual registration, sometimes after. Sometimes agreements, still require a significant amount there 1are 2018-04-13 items installed DelProperty_Condo_March_2018_torevise.pdf 2:44by PMthe purchasers

Michelle Kelly is a condo lawyer at Robson Carpenter LLP, a firm that specializes in the development of condos and subdivisions.

She leads the firm’s condo management practice providing legal assistance to condos, directors, and managers throughout Ontario.

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with approval from the developer while it controls the board of directors. Regardless of the situation, the developer should keep a list of improvements made by it or the purchasers to the common elements during the time that it controls the board of directors. The list, or minutes evidencing approval for the improvements, should be provided to the condo at the turn-over meeting or shortly thereafter. Without a list of improvements, costly disputes may arise between the condo and subsequent owners when it comes time to maintain or repair certain components in the future.

Like all section 98 agreements, proper record keeping is vital for agreements provided by the developer. 1

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www.REMInetwork.com | September 2018 13

DESIGN AND RENOVATION

Conceptual drawing renderings such as this give boards an opportunity to provide feedback before the consultant translates these plans into detailed working drawings.

Laying the groundwork for successful landscape improvements There are two ways to implement landscape renovations in condominium corporations. Option

BY KENT FORD

one is to treat these projects as an extension of the services provided by the corporation’s landscape maintenance contractor. Option

two is to bring in a consultant to manage the design and bidding process on behalf of the condo board and its manager.

Corporations may shy away from bringing in a consultant due to some common misperceptions. One of these may be that consultants are full of fancy and expensive ideas that the corporation doesn’t want.

In reality, the role of the consultant — in this case, a certified landscape designer or landscape architect — is to guide, inform and act in the best interests of the condo board and its manager. Those best interests include achieving a creative, cost-effective vision for the property.

The consultant translates that vision into design drawings and specifications, which inform the tendering process. Once the contract has been awarded, the consultant oversees project execution, monitoring progress against timelines as well as warranty-protected workmanship issues.

Here’s a look at how condo boards and managers can work effectively with a consultant to achieve successful landscape renovations in four steps:

14 CONDOBUSINESS | Part of the REMI Network

DESIGN AND RENOVATION

As the consultant draws up an overall plan for the property, ensure it can be broken out into phases so the corporation can financialplan for the future and include projected costs in reserve fund studies.

Step 2: Working drawings Provide the consultant with feedback on the conceptual plans and 3D renderings.

The consultant will use this further input to translate the conceptual plans into detailed working drawings (blueprints) and

Step 1: Community input and design concept Provide the consultant with as much information as p ossible as to the community’s needs and aspirations for landscape improvements. Polling residents can be helpful in this.

The consultant will use this input to draw up conceptual plans and 3D renderings. A sk for b oth hard and electronic copies so these materials can be shared with owners via presentation boards as well as email and web links.

specifications. These materials will be used to convey design intent to the contractor and inform the bidding process.

Consider asking the consultant to develop a preliminary construction budget based on the details set out in the working drawings. The consultant will apply his or her knowledge of various unit costs from past projects to do so. While this method of predicting final project costs won’t deliver 100-per-cent accuracy, it does act a useful benchmark for bid comparisons.

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DESIGN AND RENOVATION

Step 3: Tendering (bid) process Begin the bid process with a proper bid form — usually a detailed spreadsheet which itemizes the work specified in the working drawings. Essential to this bid form is the column for quantities such as linear, square and cubic metres and items that are quoted as lump sum. There should also be a column for unit costs, meaning cost per linear, square and cubic metre and lump sums. Unit costs come in handy when comparing bids as well as when making calculations when items are added or subtracted from the original scope of work during construction.

A f ter the c o r p o r ati o n n am e s i t s preferred bidder, the contract is formed by combining the working drawings and the bid form.

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Step 4: Project management Key functions of the consultant include establishing a project timetable and monitoring progress. If conflicts or disputes arise between the corporation and the contractor, ask the consultant to step in to resolve such matters so the project can be resumed and completed on time.

The consultant will use the items of the bid form to monitor progress for the purpose of approving progress payments to the contractor. No work should paid for until complete, and holdbacks should be exercised where required. Workmanship issues covered under the standard warranty period also need to be monitored.

Measures of a successful landscape renovation include creative vision, solid workmanship and timely completion.

By working effectively with consultants, boards and their managers can realize these and other, broader goals of this t ype of project: enhancing the daily enjoyment of the property by residents and maximizing its curb appeal and, as a result, its real estate value. 1 Kent Ford is principal and founder of Kent Ford Design Group Inc., a Torontobased landscape design and project management firm specializing in the renovation of condominium properties. He can be reached at kent@kentforddesign. com or by phone: 416-368-7175.

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MANAGEMENT

Making accessibility more accessible In condominium corporations,

accessibility is too often — and wrongly — associated with unexpected and significant costs

BY JOSE DE OLIVEIRA

and veiled threats of legal

action against unresponsive boards and property managers. It may be more helpful to think of through the lens of inclusivity, which is warmer and more inviting and simply means not excluding anyone.

It’s true: boards and property managers have cer tain oblig ations under the Accessibilit y for Ontarians with Disabilities Act ( AODA ), which has the ultimate goal of making Ontario barrier-free by 2025. This legislation is a c c o m p anie d by the I nte g r ate d Accessibility Standards Regulation, which sets accessibility standards for customer service, information and communications, employment, transpor tation and the design of public spaces.

T he accessibilit y standards for customer ser vice and the design of

public spaces have particular relevance in condo communities. On-site property management, for example, is contracted to provide a standard of service to all of the corporation’s residents. AODA requires that the same standard of service be upheld for everyone, regardless of disability. The accessibility standards for the design of public spaces may apply to such features as parking and paths of travel when they’re either being newly created or undergoing major changes.

A condo refurbishment project is the per fect time to consider the

18 CONDOBUSINESS | Part of the REMI Network

physical building and come up with a cost- effective plan to provide a more inclusive and accessible environment.

In undertaking any renovation, a board should always consider accessibilit y and inclusivity issues that may be more economical to address as par t of a larger scale refurbishment. The trades are already on site, and considering the future needs of the condo community m a ke s d o l l a r s e n s e i n t h e a c t u a l c o n s t r u c t i o n c o s t s , e n h a n c in g t h e environment of the communit y and adding real estate value.

DESIGN AND RENOVATION

Boards in existing buildings — especially older ones — can be proactive by installing such features as automated doors, voice floor annunciators in elevators, lower elevator buttons and braille - stamped plates. Other measures might include removing existing stairs and creating a flat and/or sloped surface in the main lobby.

Boards can go even further and build an accessible ramp for residents and guests alike to use.

Another benefit of adding accessibility and inclusivity features to renovation projects is that the enhancements can be incorporated so that, aesthetically, they become part of the overall fabric and palette of the refurbishment. Adding the accessibility features after the fact, in order to be compliant, means that these features will not exactly blend in with the renovation design, and as an add on may even look out of place. The costs may also be significantly more as a smaller independent project which may even compromise the original finishes in order to install these features.

Here’s a look at how the principles of accessibility and inclusivity might be proactively applied in two key common areas: the mail room and the management office.

Management office Simple changes to a management office can make it more inviting to a greater number of residents in the community.

Directors should make a number of considerations for this space.

First of all, how will residents enter the management office? Is an accessible door, operated by push button or paddle, installed? The most recent upgrade to this technology also allows for a touchless activation sensor which will trigger the door opener with a simple wave in front of the device.

A l s o i n t h e e n t r y w a y, t h e d o o r threshold can create a tripping hazard.

R e m o v i n g t h e d o o r t h re s h o l d a n d installing a door sweep will level the floor, ensuring strollers, grocery buggies, scooters and walkers have easy access to the management office.

C re at in g a we l c o min g s p a c e fo r everyone who enters the management office is not simply a matter of who can access the space. What do residents experience once inside?

There are a number of ways to make the management office feel inviting and open. Push back the counter or reception desk to create a comfortable waiting area; provide standing and seated counterheight options; and provide enough surface space on the counter for any business transaction. There is nothing more annoying than sitting at a counter and organizing papers on one’s lap.

Also consider a soft colour scheme and lighting, such as LED. Crowd e d s p a c e s w ill sim p l y m ake resid ents feel unc omfor t ab le a n d i r r i t a b l e a n d d ete r t h e m f ro m coming in at all. T he more inviting t h e m a n a g e m e nt of f i c e, t h e m o re encouraged residents will be to engage with their property manager in person rather than on the phone or by email.

Speaking of which, the corporation also has a responsibilit y to provide management staff with the tools that it requires to perform its duties efficiently.

Those tools may include ergonomic office equipment such as chairs and keyboard trays. The management office itself should be an inclusive working environment, also allowing any potential future staff to transition into their new working space.

Most managers tend to meet residents from across their desk, portraying a figure of unmoving authority. A round table creates an atmosphere of relaxed informality and is ideal for promoting discussion. The manager who invites residents to this different space still maintains authorit y but will dif fuse feelings of anxiety and uncertainty.

Mail room/mail lounge Mail room areas can be tight quarters. Not everyone is comfortable with the close proximity of others as residents reach over and across, and move around each other, in an attempt to retrieve their mail.

During a recent mail room refurbishment, board members were invited to walk the area pushing a st and ard - sized wheelchair in order to a p p re c i ate t h e ove r a ll p hy si c a l requirements for space. Line drawings to scale and measurements are extremely useful but flat. Walking through an area can help provide a visual and physical sense of space.

As a result of their experience, the directors worked with their contractor to divide the mail room and the lobby lounge more equitably to provide more space for people to pick up their mail — particularly parents with children, residents using wheelchairs and bundle buggies, and residents accompanied by caregivers. In addition, the width of the ledge at the mailboxes was increased, providing residents with more than adequate space to sort their mail and dispose of junk mail.

Many of these improvements suppor ted the corporation’s dut y to provide inclusive customer service to all of its residents. Further, the redistribution of the space ensured that Canada Post personnel were able to manoeuvre their mail carts and trolleys confidently in the mail room, without damaging any of the wall finishes. So, while this was an improvement that would benefit all residents, it also was a proactive measure to limit the amount of damage that could potentially occur under normal circumstances.

Before getting started on a renovation, boards need to understand their specific community. The refurbishment is not a wish list or a spending spree of “I want.”

Boards must seriously consider what will enhance the greater community. And that community incudes all ages, every type of family unit and people with visible and invisible physical, emotional and mental health challenges, which may be related, but not limited, to mobility, arthritis, anxiety or depression.

Many boards have agreed to fund accessibilit y- driven modifications to common elements through their reserve funds in cases where the benefit is inclusive and community wide. Some accessibilit y and inclusivit y- oriented enhancements may end up being costprohibitive, but boards should at least consider possible alternatives before setting aside an idea altogether. 1 Jose De Oliveira is principal, project manager, at JCO & Associates, which have specialized in refurbishing condo common elements for more than 28 years.

They have provided design/build and design/bid/build solutions to more than 460 condo corporations. More information is available at www.jcoandassociates.com.

www.REMInetwork.com | September 2018 19

COVER STORY

FLAMMAB MATERIALS Toronto Fire Services is cracking

BY MICHELLE ERVIN down on combustible lounge furniture located within evacuation routes in multi-res buildings following a fatal fire involving hallway chairs.

There are a number of ways to comply with code requirements, but for condos facing notices of violation, the quickest short-term fix has often been to move offending items into storage

COVER STORY

BLE S

Some condo lobbies may be looking spare lately, and it has nothing to do with minimalist design. The lounge furniture that usually occupies these spaces is being targeted as a fire risk.

Toronto Fire Services now instructs its staff to look at the flammability of seats, tables and cabinets that display decorative objects for the purposes of enforcing a provincial regulation that prohibits the accumulation of combustible materials in means of

egress. A new guideline, issued last year, establishes criteria for hallway and lobby furnishings located in routes occupants may use to evacuate multi-residential buildings including long-term care, nursing and retirement homes. It also offers a list of compliance options, such as installing overhead sprinklers.

The move responds to a very real life-safety issue — furniture has been implicated in three serious fires — but it has also caught the

www.REMInetwork.com | September 2018 21

COVER STORY

“They have to evaluate what their options

are, swiftly, because there may be a risk and because the fire department will be back in a couple of weeks to see what you’ve done.” condo industry off-guard. Although it has been shared with industry stakeholders, the engineering technical bulletin that details the new guideline is an internal document of Toronto Fire Services, so property managers are sometimes seeing a copy for the first time at the same time they’re receiving a notice of violation.

For property managers who have received notices of violation in the last several months, the quickest short-term fix has often been to remove furniture from affected hallways and lobbies until the best long-term solution can be determined.

A fire risk emerges On Feb. 5, 2016, at 1315 Neilson Rd. in Scarborough, four people died after someone deliberately set fire to combustible chairs located at the intersection of two hallways on the top floor of a five-storey seniors building. A pair of subsequent blazes in high-rise buildings shared the same fuel source: furniture.

“The fires TFS has responded to in hallways and corridors have been intentionally set,” said Deputy Chief Jim Jessop, Toronto Fire Services, speaking June 7 at an Institution of Fire Engineers Canada

Branch event designed to bring building owners and managers up to speed on the new guideline. “We can’t stop individuals from committing a criminal act. What we can do is remove the fuel and reduce the subsequent impact of that criminal act.”

This doesn’t mean building owners have to junk all their lounge furniture. What it does mean is that they have to select one of seven compliance options to mitigate the fire risk. Showing that combustible furniture falls within prescribed limits for heat release is one way to do this.

The guideline points to two standards that subject furniture to openflame testing to measure how quickly the furniture would release heat if it was involved in a fire. The guideline permits combustible furniture that building owners can prove passes the Flammability Test Procedure for Seating Furniture for Use in Public Occupancies described in the State of California Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133-91 (TB 133). Alternatively, the guideline permits combustible furniture that building owners can prove achieves similar results under ASTM E1537-16, the Standard Test Method for Fire Testing of Upholstered Furniture.

Enforcement quickly follows Complying with the guideline can be as simple as checking furniture for a label attesting to the fact that it meets TB-133. However, property managers could also find themselves rifling through old files to track down supporting documents from interior designers for custom pieces.

“You rarely see a board of directors go out to the Brick and pick up a $1,299 couch and throw it in their lobby, so the financial and resident comfort impact is significant,” said Michele Farley, president and senior code consultant at FCS Fire Consulting

22 CONDOBUSINESS | Part of the REMI Network

COVER STORY

Services, speaking after the Institution of Fire Engineers event.

“And in a lot of cases, removal of the furniture is not warranted, because the furniture is actually certified.”

Farley acknowledged the basis for the guideline, but added that it has been enforced quickly, without much warning, in some cases forcing affected property managers to hire movers and store furniture while they weigh next steps and at least temporarily leaving residents and visitors without places to sit and socialize or wait for transportation. She said that she has also encountered varying opinions as to what’s acceptable as notices of violation have come across her desk over the last six months.

“Some of the inspectors are interpreting anything in a lobby as combustible and they want it out,” said Farley. “Others are saying, ‘You have an eight-foot marble path between the two carpeted areas that have your couches in them, and you have containment, there’s smoke detection here, there’s 24/7 security, and the furniture is out of the way, so I don’t consider this a means of egress, so you can leave your furniture there.’”

Provided there is an evacuation route that bypasses the lobby, having fire separation between the lobby and the sections of corridor that serve suites is another compliance option if building owners can’t prove combustible furniture falls within prescribed limits for heat release. This compliance option, and several others, are contingent upon meeting a list of conditions, including that the area be equipped with either a smoke alarm or smoke detector, depending on whether it’s possible to connect to an existing fire alarm system.

“We’ve been ver y aggressive in terms of what we will permit or not permit. I know it’s sort of sent shockwaves through the industry,” Deputy Chief Jessop acknowledged, adding that Toronto Fire Services has done outreach to apprise stakeholder groups such as the Greater Toronto Apartment Association of its expectations.

Farley said she has one client who plans to fight a violation because the client believes she has the documents to demonstrate that her furniture does in fact comply with the guideline. Others, meanwhile, are looking at how much it will cost to install sprinkler systems in affected areas. Some of the compliance options may be more desirable than others.

“What they’re allowing in is unpadded wooden furniture and just some of the things they’re saying would be reasonable for people to have in their lobbies isn’t very comfortable,” said Farley. “There is certainly an impact on people within a condominium who are used to that big, cushy leather chair and now they’re going to get a wooden bench that’s similar to something they could sit on waiting for a TTC bus.

“A lot of thought, planning, design and cost goes into condo lobbies and that should be taken into consideration when working towards evaluating existing materials and complying with the fire code.”

Provincial regulation possible Condos outside of Toronto could be forced to confront the fire risk posed by combustible furniture in the future. A provincial regulation inspired by the local guideline, which would have had a similar effect, was on the cusp of being adopted when the most recent Ontario government dissolved. In June, Toronto Fire Services issued an updated version of its guideline that has been adjusted to better align with the proposed provincial regulation in case it gets revived by the incoming Ontario government. 1

Coming into compliance The guideline cites Sentence 2.4.1.1.(2) of Division B of the Ontario Fire Code, which prohibits the accumulation of combustible materials in means of egress, among other areas, except when the design of those spaces addresses those materials.

Convictions for violations of the Ontario Fire Code carry a maximum fine of $100,000 for corporations and $50,000 for individuals, who also face a maximum term of imprisonment of one year.

However, Deputy Chief Jessop said Toronto Fire Services is trying to work with building owners by explaining notices and orders and giving them time to remove furniture.

“You’re allowed to come forward, we’ve accepted alternatives, we’ve helped people, which is what we want to do,” said Deputy Chief Jessop. “We’re not charging people, so let me be very clear: We don’t walk in, see a couch and take you to court. We don’t do that.”

Property managers can also call the fire prevention division of Toronto Fire Services for guidance on compliance.

Although she has yet to see any violations taken to court, Farley urged property managers to address notices promptly.

“They have to evaluate what their options are, swiftly, because there may be a risk and because the fire department will be back in a couple of weeks to see what you’ve done,” said Farley.

www.REMInetwork.com | September 2018 23

LEGAL

Discharging liens under the new Construction Act During major common element

BY DAVID LU

construction projects, condominium corporations often hire a general contractor to oversee the project. Typically, the general contractor would then hire subcontractors. Over the course of the project, the condo corporation makes periodic payments to the general contractor, who then makes the payments to the subcontractors.

However, what happens if the general contractor suddenly abandons the project and does not pay the subcontractors?

Under the Construction Lien Act (known as the Construction Act as of July 1, 2018), subcontractors in such situations have always had the right to register a lien on the property of the owner. For condos, this means a lien could be registered on title to every unit in the condo.

Such liens are discharged when the condo corporation pays the lien holder with money retained in its holdback. A holdback is money the owner (such as the condo corporation) is required to retain for a period of time from payment to the general contractor.

Trouble arises when the amount claimed by a subcontractor (or multiple subcontractors) exceeds the holdback amount held by a condo corporation. While the condo would not be liable for any amount that exceeds its holdback, the liens on title often remain for an extended period while the competing claims are being worked out. This certainly becomes a problem for unit owners who are trying to sell their units.

Luckily, an amendment to the Construction Act that came into force on July 1, 2018, will provide a way for unit owners who want to sell or refinance their units to vacate the lien from their specific unit.

Under section 44(2.1) of the Construction Act, individual unit owners can, on a motion to the court, obtain an order vacating the lien(s) attached to their specific unit by posting security, or paying into court, an amount that is attributable to the owner’s common interest as outlined in the corporation’s declaration. This will provide unit owners who are selling or refinancing their property a fast method of clearing such encumbrances to their unit.

Oct. 1, 2019) that allows construction projects to continue without disruption while disputes such as payment, changes in services, and some other matters are resolved; • Allowing the small claims court to have jurisdiction in construction matters under $25,000; • Requiring a party who preserves a lien to provide notice to the condo corporation and every unit owner in the corporation; • New thresholds for substantial performance (most projects will reach the milestone faster) and timelines for preserving and perfecting liens; • The definition for lienable “improvements” has been broadened to include repairs to capital items that extend their lifespan or enhance their use; • To be paid, contractors must provide a “proper invoice” containing required information such as date and period of work, description of work invoiced, among other details; • New prescribed forms (such as the Notice of Non-payment), which must be used as of July 1, 2018.

The new act also contains many other amendments, including: • A new dispute resolution mechanism (coming into effect

David Lu is an associate lawyer at Davidson Houle Allen, a boutique condo law firm serving Eastern Ontario.

24 CONDOBUSINESS | Part of the REMI Network

The Construction Act amendments also contain a grandfathering provision so that contracts, procurement processes, and leases that were in effect prior to July 1, 2018, will be governed by the provisions in the former legislation (including the former deadlines to register a lien, if required).

Overall, these amendments look to be a welcome improvement over the current framework. 1

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MAINTENANCE

Tips for maximizing common element warranty coverage With the number of cranes dotting the

GTA’s skyline, it’s clear that condominium

BY GERARD GRANSAULL

demand remains strong.

Each new development is a testament to the talented professionals who bring them to life — it’s an incredible feat of architecture, engineering and project management to start with a deep hole in the ground and end up with 27 floors of gleaming glass tower. It’s a challenging, multi-stage process.

While the majority of the steps go right, some can go wrong along the way — many small, and some not-so-small. For Ontario homeowners, the Tarion warranty is available to protect their investment. Tarion provides one-year coverage for all major systems and finishes, two-year coverage for the main systems, and seven-year coverage of the major structure.

For condos, Tarion coverage applies to each of the individually owned units and to the corporation-owned common elements — the systems and components that serve the whole building, such as the structure, roof, windows and electrical distribution. The Condominium Act requires the corporation to hire a consultant to carry out a performance audit to identify and report on deficiencies in the construction of the common elements. The report is submitted to the builder, who can then make repairs, ask for clarification, or dispute the findings. Often, the consultant is engaged in helping the corporation get the deficiencies resolved.

While there are multiple ways to get there, the goal should be for the corporation to maximize its repair coverage in an efficient way.

This article presents strategies for maximizing common element construction warranty coverage.

26 CONDOBUSINESS | Part of the REMI Network

Get the documents early The Act requires the builder to turn over many of the construction documents to the corporation for its use in ongoing repair and maintenance. The list of required documents includes: • As-built construction drawings, including structural, architectural, landscape, mechanical, and electrical; • Specifications; and • Submittals and shop drawings.

Builders are usually very good at providing the construction drawings.

They are less forthcoming with as-built, specifications and shop drawings. Canvassing the builder early, and regularly, for a full set of documents will enhance a consultant’s ability to identify deviations between what was installed, and how it was installed, and what was supposed to be installed.

Stick to the big stuff While deficiencies are inevitable, there is bound to be a wide range of severity, and a certain subjectivity in interpreting their importance.

It’s tempting to approach the exercise with a “let’s-list-absolutelyeverything” mindset, but a nit-picking approach will be expensive and counter-productive. Overly fine attention to minor concerns will only reduce the chance of active co-operation from the builder. Also, a long list of minor concerns bloats the audit deficiency list, rendering it harder to manage. The audit should stick to deficiencies that are affecting

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much of the building, reducing performance or functionality, or are safety-related, for example.

Cosmetic concerns are common but in most cases do not require a consultant to identify. Prior to the audit, it’s recommended that a board representative and property management walk through the common elements with the builder to identify cosmetic deficiencies, such as missing paint, carpet problems, or drywall cracks. This will help set each party’s expectations, and offers the chance to get the deficiencies corrected so they stay off the audit list. In this process, it’s helpful to remember Tarion’s guideline for a cosmetic deficiency — if it’s not noticeable beyond six metres away (20 feet), it’s not a defect.

Slightly fuzzier are routine maintenance items. If there is a new problem with a system that has been functioning normally since it was installed, be rigorous in interpreting its applicability. If the problem is with a part that is subject to regular maintenance, it’s likely not a warrantable defect.

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MAINTENANCE

Identify deficiencies carefully The apparent goal of the performance audit exercise is to list construction deficiencies.

The actual goal is to get all the construction deficiencies listed repaired by the builder.

This distinction is too often overlooked. To maximize coverage, the audit report should list problems completely and discretely.

It’s easier to get deficiencies resolved if they’re described completely. The complete identification of a problem includes three things (and three things only, arguably):

1

A concise statement of the deficiency.

This is often poorly done (no one has ever accused engineers of being great writers). Too often the symptom is identified and not the deficiency. Unless the actual deficiency is identified, the builder may not consider it his or her problem. However, take care to avoid specifying a repair — this is not required, and often not helpful;

2

A clear and precise description of where the deficiency can be found.

One-hundred per-cent of deficiencies that the tradesperson cannot find will not be repaired, delaying resolution; and

3

Backup for the claim of the deficiency — this can include the relevant code citation (Ontario Building Code, CSA, ULC, as examples), the CECPG reference, or a report from a specialist; a deficiency which clearly specifies non-compliance is much more likely to elicit a builder repair, or a favourable warranty judgement.

Equally important is to identify deficiencies specifically and discretely. For problems that occur, or are likely to occur, repeatedly throughout the building, it’s tempting for consultants to extrapolate from their sampling and write a deficiency which implicates the whole building. Tarion will not warrant general statements, nor can the builder effectively fix them. To maximize repairs, the board should authorize the consultant to physically review all, or a greater sample, of the affected areas, which allows discrete (albeit repetitive) identification of each problem location. This allows the builder to hand the list to his trade, making it easier for them to go down the list, completing repairs and crossing them off.

For example, it’s not helpful to write: “Missing sealant at conduit penetrations in electrical closets on sampled floors 2 and

It’s tempting to approach the exercise with a “let’s-list-

absolutely-everything” mindset, but a nit-picking approach will be expensive and counter-productive.

7. This condition is expected to be present throughout.” It’s better to write: “Missing sealant at conduit penetrations in electrical closets on floors 2, 3, 4, 7, 9, and 11.”

Engage specialists For an effective audit, consultants will engage a team of experts to review the various systems. Most of the systems can be assessed in-house. There are specialized systems, however, that the board is strongly advised to retain a specialist to assess. Most important are the suspended access system, and the elevators.

For suspended access systems (roof anchorage for window washing and building repairs), there are specific codes, regulations and practices that only a designer has the necessary knowledge to check. For elevators, there is the additional impetus that only a licensed mechanic is permitted to access the hoistway and pit, where important deficiencies may be hiding.

While engaging the specialists adds to the corporation’s upfront costs, in virtually every case the experts identify problems that would have cost the condo considerably more to correct after the fact.

Substantiate proactively For some deficiencies, the source of the problem is clear. If a leak is occurring due to a damaged roof membrane, the repair needs are obvious.

In some cases, however, it is neither clear what the deficiency is, nor what the repair involves. A suite owner’s report of sounds or odours coming through a wall shared with a neighbour, or multiple suites reporting low water pressure, are examples. In these cases, the board should do more work to both substantiate the problem and the likely cause.

28 CONDOBUSINESS | Part of the REMI Network

The builder cannot be expected to repair an observation. The board should identify the items for which a problem would be a major concern, and should be proactive about substantiating them. There is no point in paying to diagnose a problem that has limited consequences or a relatively simple repair.

Communicate In any relationship where the desired outcome is similar but ongoing needs may be opposed, regular communication between parties is vital. Sounds like a marriage! The Tarion process specifies the minimum interactions, which involve 60-day turnaround responses.

But more frequent updates are beneficial in keeping the process moving smoothly.

Bi-weekly emails that deliver status updates are much better than spreadsheet pingpong every two months. It’s beneficial for the consultant to tour the site with builder’s representative once the deficiencies have been compiled. This allows deficiencies to be located, discussed and clarified as required.

It’s also important to remember that Tarion’s involvement, in the best case, should be minimal. With open communication, clear and reasonable expectations, and mutual respect, the performance audit-reporting and deficiency-resolution process can be successfully managed, allowing condo owners to enjoy their sleek new homes, and the builders to move to their next exciting project. 1 G erard G rans au ll is a p rofessi o n al engineer and veteran building engineer.

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MAINTENANCE

How to keep pests out during renos Planning a big project?

Whether

BY ALICE SINIA breaking ground on new construction or remodeling current property, condominium owners and property managers should be aware that renovations can turn up the heat on pest pressures.

Construction uproots pests, disturbing their habitat and forcing them to search for what they need to survive: water, food and shelter. Even if a robust sanitation and maintenance program is already in place to deter pests, it can be disrupted by renovations and leave a building more vulnerable to infestation.

Each pest brings unique challenges that can affect the success of renovations and construction. Cockroaches reproduce quickly and can spread disease, contaminate food and even cause allergies. Rats and mice also can carry several diseases and may cause structural damage by gnawing on wood, paper, dry wall and wiring. They frequently mistake the wiring on electrical equipment for plant roots, and their chewing can create a major fire hazard. Then there are carpenter and acrobat ants, which

30 CONDOBUSINESS | Part of the REMI Network

target wood in structural timbers and hardwood flooring. If care isn’t taken, all of these pests can actually be sealed into condos during the construction process. Fortunately, there are ways to keep out pests while renovations are ongoing to prevent infestations later.

An Integrated Pest Management (IPM) approach stresses prevention over remediation by proactively limiting pests’ access to key survival elements through preventive measures such as sanitation and property maintenance. Be sure to meet with building contractors before they finalize the blueprints to discuss how an IPM program can be incorporated into the construction process. Follow these tools of the trade in all three phases of construction to build a solid pest management foundation:

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Phase One: Planning and prep work Include pest management professionals on the project team, alongside builders, electricians and plumbers, from the beginning. Survey the site for potential pest issues and prepare an IPM program that addresses building and site-specific needs.

Monitoring devices can be used to detect pest presence, assess populations in the area and take note of the property’s surroundings.

Certain geographic, topographic and climatic conditions might create additional pest pressure. For example, forested and wooded areas may see increased carpenter ant activity. It’s important to: • Review blueprints and plans to ensure potential roosting or nesting areas for birds and other animals are minimized.

• Aim to start construction during the driest season. Wet conditions amplify pest problems.

• Inspect the construction site and incoming materials for existing pests and monitor for on-site pest activity in materials such as shingles or wood.

• Grade the land around the property, if possible, to help prevent puddles from forming and remove sources of water.

• Choose pest-resistant building materials, such as non-cellulose insulation and fibercement siding.

• Install a first line of defense using a nontoxic baiting and monitoring system around the property to monitor and detect pest activity. Once detected, the pests can be controlled using the appropriate techniques.

Phase Two: During construction When construction begins, pests will be displaced from their homes and typically start to appear on-site. This is when a property is at the highest risk of pest infestation. Take the following steps to manage their relocation and ensure easy access is not being provided to their survival needs: • Monitor for moisture to help prevent pests such as foreign grain, plaster and fungus beetles, which feed on the fungus that grows and accumulates on wet wood.

• Keep the construction site clean. Ask workers to dispose of food scraps, wrappers and drink cans and cover up building supplies to avert pests like flies, ants and rodents.

• Install LED lights on site to make it less attractive to flying insects.

• Thoroughly inspect the foundation for cracks and crevices. Some pests can access buildings through openings of less than two millimetres.

• Ensure that all doors and windows are flush against frames and sealed with weather stripping.

Phase Three: After the build and beyond The property manager’s job isn’t done once construction or renovation is complete. It’s important to remember that effective IPM is an ongoing process, not a one-time event. Continue to protect the property and its residents against pests with the following tips:

32 CONDOBUSINESS | Part of the REMI Network

• Install a half-metre gravel strip around the building. Rodents do not like to be out in the open, and this provides a no-cover zone. Gravel also creates a rough terrain for insects to traverse.

• Trim plants to keep them at least half a metre away from the building.

B r a n c h e s s h o u l d b e c u t b a c k to prevent bridge - like, easy access to the building. Avoid fruit-bearing trees that attract flies and pest birds.

• Ensu re t h e b u il d in g h a s p o si t i ve airflow — air that flows out the door, rather than in. When doors open, air should push flying insects out instead of pulling them into the building.

It’s possible to keep pests out when constructing or remodeling buildings, units or amenities, by design. Making pest management a high priority can help protect this t ype of investment from pests and create a solid foundation for a pest-free future. 1 Alice Sinia, Ph.D. is quality assurance manager – Regulatory/Lab Services for Orkin Canada focusing on government regulations pertaining to the pest control industry. With more than 15 years of experience, she manages the Quality Assurance Laboratory for Orkin Canada and performs analytical entomology as well as provides technical support in pest/insect identification to branch offices and clients. For more information, email Alice Sinia at asinia@orkincanada.com or visit www.orkincanada.com.

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DEVELOPMENT

Build large units and families will come?

The term “complete communities” is used quite frequently these days. One

BY BEN MYERS

of the most important features of a complete community is accommodating a wide range of community members through a mix of housing

types and uses. This is an admirable goal, but it is much easier said than done.

The Cit y of Toronto has craf ted an up d ated planning framework “to ensure that grow th and the timely provision of infrastructure is addressed so that Downtown remains livable and economically competitive.” The planning fr amework for d ow ntow n Toronto, called TOcore, aims to ensure children, youth, and seniors are accommodated

by “providing housing to a wide range of residents that is affordable, secure, of an appropriate size, and located to meet the needs of people throughout their life cycle,” which “is essential to the creation of complete communities.” In buildings that have 80 units or more, the plan requires at least 15 per cent of the units to be two-bedroom suites measuring more

34 CONDOBUSINESS | Part of the REMI Network

than 936 square feet, at least 10 per cent of the units to be three-bedroom suites measuring more than 1,076 square feet, and at least another 15 per cent of units to be two- or three-bedroom suites that are not subject to size minimums.

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four years for the project to get built (or get cancelled). certainly hasn’t been the case in the past.

One only needs to turn to data from the 2016 Census to confirm that hypothesis.

Dissemination A rea 3 520 4 872 — which is bounded by East Liberty Street to the north, Strachan Avenue to the east, the Gardiner Expressway to the south and Atlantic Boulevard to the west – is best known as Liberty Village. This area is a great test case. The bulk of the community is made up of recently completed condo apartment projects: Bliss, King West Phases 1 to 3, Liberty Central, Liberty Market, and Liberty Towers — about 2,464 private dwellings as of 2016. In terms of large suites, the developers built one-bedrooms plus dens, two-bedrooms, two-bedrooms plus dens, penthouses and townhouses measuring more than 1,000 square feet. About five years ago, it was possible to purchase a 1,400-square-foot two-bedroom-plus-den unit for about $765,000.

According to C ensus data, there were only 140 couples with children in south Liberty Village (six per cent of the households), just 35 couples with two children, and not a single household with three or more kids. One could argue that Liberty Village is much more desirable for a young family than King West, the Entertainment District, or the Yonge Street corridor, because of amenities such as Trinity Bellwoods Park, the Martin Goodman waterfront trail, Fort York, Exhibition Place, and BMO Field (less expensive real estate too). There is the King streetcar, the Exhibition GO Train station, and quick access to Lake Shore and the Gardiner to keep residents moving.

A lot of families would be more than willing to live in a larger condo suite, but a major factor precluding those purchases has been the huge increase in pre construction condo prices due to rising costs, land values, and development charges. Many prime downtown

developments are launching at $1,100 to $1,200 per square foot. Even at $1,000 per square foot, a 1,076-square-foot threebedroom unit would cost more than $1.1 million if parking was purchased as well.

Considering today’s interest rate, taxes, condo fees, and insurance, a family that made a down payment of more than $200,000 would still be looking at monthly payments of more than $5,000. In addition, many families don’t want to buy and wait three to four years for the project to get built (or get cancelled).

In reality, the TOcore plan will result in more units measuring more than 1,076 square feet than are demanded in the preconstruction market, developers will have to lower prices to move them, and raise the prices on smaller units to make up the revenue. The lower price on these large units won’t likely be enough to attract families, and the plan will actually result in affluent buyers getting slightly cheaper units at the expense of first-time buyers and investors (higher prices for investors means higher rents for tenants).

In the long run it will be beneficial to have more large condos in the resale market as the alternatives (singles, semis and row) skyrocket in value over the next 25 years, but trying to artificially create complete communities in the short term will create a subsidy for affluent buyers, raise prices/rents on small units, and reduce the overall new home supply as some developers drop sites due to the increased absorption risk. 1 Ben Myers is the president of Bullpen Research & Consulting Inc. He produces market demand reports and residential pricing recommendation studies for builders, lenders and landowners in Toronto and Ottawa. He assists in the underwriting and due diligence of real estate development opportunities from a revenue and land value perspective. Find him on Twitter at @BullpenConsult

Sourcing third-party blog content

By Steven Chester Did you see something great in today’s news or an industry blog that’s inspired your next blog post? If you’d like to chime in, there are some rules to follow that will keep you in good standing in the online community.

If the article in question is from another blogger, reach out to the author. You can generate some goodwill by congratulating them on a job well done, and can ask to republish the post on your own blog.

Many bloggers also invite guest blogging opportunities or trading of guest posts, so if you’re looking to cultivate relationships, this is a good way to start.

If you’re dealing with a mainstream news publisher, they’ll typically not allow you to republish their work. Your best bet is to give credit to the original author and publication, and be sure to quote no more than a few sentences of their work. Quoting too much of the original text may be considered copyright infringement, and search engines also punish web pages that have duplicate content.

In the text you’ve quoted, be sure to either use quotation marks around the text, or if it’s a full paragraph, indent and italicize the quote so it appears to stand alone from your own post. Be sure to hyperlink to the original piece.

Regardless of who your content source is, it’s a good idea to either email or tag the writer/publication on social media to let them know you’ve referenced their work. Most authors are happy to receive a mention and the referral traffic you’re sending their way, so you might end up with a new contact who may even share your post on their own channels.

The blogging community is more often than not a respectful one, so being a member in good standing will not only keep you out of legal trouble but could help grow your own networking if done correctly.

Steven Chester is the Digital Media Director of MediaEdge Communications. With 15 years’ experience in cross-platform communications, Steven helps companies expand their reach through social media and other digital initiatives. To contact him directly, email gosocial@mediaedge.ca.

New pool rules apply to condos New regulations governing the operation and maintenance of public

BY JOCELYN DUQUETTE

pools came into effect on July 1, 2018. Condo pools in Ontario are considered public pools and are regulated under the Health Protection and Promotion Act (HPPA) if the corporation has six or more dwelling units, suites or singlefamily private residences. As such, condo directors and property managers should be aware of the new requirements.

The following is only an overview of some of the important points to keep in mind when operating a condo pool.

Pool operation Condo corporations with six or more units who operate a pool must designate a pool operator who must be trained in public

pool operation and maintenance, filtration systems, water chemistry and all relevant safety and emergency procedures.

The condo corporation and the pool operator must: • maintain the p u b li c p o o l a n d i t s equipment in a safe and sanitar y condition;

36 CONDOBUSINESS | Part of the REMI Network

• maintain in proper working order all components of the pool; • ensure that all surfaces of the pool deck and walls are maintained in a sanitary condition and free from potential hazards; • ensure that carpeting or other waterretentive material is not installed or used in any area that becomes or may

REGULATION

become wet during the daily use period of the pool or spa; • ensure that the perimeter of the pool deck is clearly delineated by painted lines or other means where any area contiguous to the pool or spa deck may be confused with the deck; • ensure that provisions are made for the safe storage and handling of all chemicals required in the operation of the pool or spa; • maintain any foot sprays in good working order and in a sanitary condition; • ensure that the submerged surfaces of the pool are white or light in colour, except for markings for safety or competition purposes; • ensure the perimeter drain of the pool is kept free of debris; • ensure that any diving board or platform has a non-slip surface finish; • ensure that a black disc measuring 150 millimetres in diameter is affixed to the b ot tom of the p o ol at its deepest point and set against a white background; and • ensure that any exposed piping within the pool enclosure, inside the structure of the pool and inside appurtenant structures to the pool are identified by the prescribed colour.

Water quality With respect to the quality of the water, under the new regulations, every owner and every operator of a public pool must: • ensure that the c le an water an d the make - up water are free from contamination that may be injurious to the health of the bathers; • ensure that the pool water and its circulation system are separate from the potable water supply and from the sewer or drainage system; • ensure that the pool water is maintained free from visible matter that may be hazardous to the health or safety of the bathers; • ensure that the pool water is of a clarity to permit the black disc located on the bottom of the pool at its deepest point to be clearly visible from a point on the deck nine metres away from the disc;

• ensure that the pool water is treated with chlorine, a chlorine compound or a bromine compound by means of a chemical feeder, and is maintained so that prescribed requirements are met in every part of the pool at all times during the daily use period; • as prescribed by the regulation, test and record the pool water each operating day, by means of manual test methods, a minimum of 30 minutes prior to opening; • where the pool has an automatic sensing device, further test and record the pool water at least ever y four hours until the daily use period has ended; for pools without an automatic sensing device, further manually test and record the pool water at least every two hours until the daily use period has ended; and • add make-up water to the pool during each operating day as prescribed by the regulation.

Maintenance In addition to the foregoing obligations, the regulations specifically provide that the owner and operator of a public pool must ensure that the pool, the deck and, where provided, the dressing and locker rooms, water closets, showers and connecting corridors appurtenant to the pool or spa are: • kept clean, free from slipperiness and disinfected; • free of hazardous obstructions; • ventilated so as to remove odours; and • supplied with toilet paper where water closets are provided.

Daily records Finally, every pool operator must keep and sign daily records that shall set out, in relation to each operating day: • the estimated number of bather uses during the operating day; • the reading of the make-up water meter for pools and, if applicable, for spas, as of the end of the day; • any emergencies, rescues or breakdowns of equipment that have occurred;

• the time of day the emergency stop button test, where applicable, was performed; • the results of the prescribed tests mentioned above; • the results of the daily testing of the telephone to confirm that it is in operating condition; and • the type and amount of chemicals added manually to the pool or spa.

The foregoing records must be retained for a period of one year from the date of making the record and must be kept available for viewing by a medical officer of health or a public health inspector at any time. Interestingly, the regulation seems to indicate that the record retention obligation is imposed on the pool operator and not on the owner. However, condo corporations who have a copy of such records are encouraged to keep and maintain them in accordance with the Condominium Act, which imposes longer retention obligations in general.

For more information, consult Regulation 565: Public Pools. 1 Jocelyn Duquette is an associate in Gowling WLG's Ottawa office. A major portion of Jocelyn’s practice is concentrated in the area of condo law. He advises condo corporations, unit owners, directors and property managers on a variety of matters, including document drafting and interpretation, enforcement proceedings, shared facilities disputes, collection of common expenses and owners’ meetings.

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2018-10-15 11:16 AM

NEW AND NOTABLE

Tridel brings its first smart condo online Is the future of condos fob free? Tridel’s first smart condo, which recently came online in downtown Toronto, suggests yes.

At 69-storey Ten York, all registered visitors will have to do to enter the parking garage is pull up, and all residents will have to do to unlock the doors to common elements is walk up. That’s because license plate recognition and a personalized Bluetooth smartphone application will automate these processes, respectively.

The future of condos may also be keyless. The suites in Ten York are equipped with digital locks controlled by personal code.

Other features of the smart condo include automated parcel delivery, made possible by a smart locker system, and community event notification via smartphone application.

Tridel worked with SmartONE Solutions, a real estate technology company, to develop the range of integrated smart home features offered at Ten York, which are collectively known as TridelConnect.

“Toronto is fast becoming a global technology hub and Tridel is keeping pace by introducing a range of techsavvy amenities which are available to our customers today,” said Jim Ritchie, executive vice president of sales and marketing at Tridel.

The developer appears to be doing more than keeping pace with its first smart condo, Ten York. Tridel took home the Multifamily/Residential Digi Award for Most Intelligent Building Project this year at the Realcomm conference.

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