B.10.4
This document can be made available in other accessible formats as soon as practicable and upon request
STAFF REPORT:
Planning & Building Services Department
REPORT TO:
MEETING DATE:
REPORT NO.:
SUBJECT:
PREPARED BY:
A.
Committee of the Whole
August 18, 2014
BL.14.26
Short Term Accommodation
Licensing Program Update
Greg Miller, Manager, Building & ByLaw Services/CBO
Recommendations
THAT Council receive Staff Report BL.14.26 entitled “Short Term Accommodation
Licensing Program Update”
THAT Council endorse the By-Law Services Division enforcement protocol relating to
Short Term Accommodation Licensing contained in this report;
AND THAT Council direct Staff to report back to Council with an implementation plan
for Phase 2 of the STA Licensing Program.
B.
Background
The purpose of this report is to provide Council with an update on the Short Term
Accommodation (STA) Licensing Program and By-law related activities related to same.
The STA Licensing By-law was enacted by Council on November 25, 2013 with an
effective date of July 2, 2014 whereby all existing STAs were required to be licenced by
this date.
Council, under the advisement of legal counsel and consultation with the public at a
public meeting on June 2, 2014, amended the STA Licensing By-law No. 2013-50 so
requiring all existing STAs within the First Phase be required to submit a complete
application by July 2, 2014 versus the requirement to be licensed. Council further
amended the STA Licensing By-law so that all other existing STAs within the Town are
required to submit a complete application no later than December 1, 2014; thereby
implementing a two phase licensing program.
The First Phase (“Phase 1”) of the STA Licensing Program is the properties identified in
the 6 zones as depicted in Schedule ‘A-1’. These licensing zones are existing low
density residential zones under Zoning By-law 83-40, as amended, and were identified
as the initial area to be regulated under the STA Licensing By-law given complaints
received by the By-Law Services Division over a number of years.
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Fig. 1: STA Licensing Program: Phase 1
Status of STA Licence Applications: Phase 1 (July 2, 2014)
The By-Law Services Division sent out notice in the March 2014 tax bill notices and
posted notice on the Town website that we would commence the acceptance of STA
licence applications on April 7, 2014.
As of July 31, 2014, the By-Law Services Division has received 30 STA licence
applications within Phase 1 as summarized in Table 1 below:
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August 18, 2014
Page 3 of 10
Table 1: STA Licence Applications Received
STA LICENCE APPLICATIONS RECEIVED
Zone
1
2
3
PHASE 1: ZONES 1-6
4
5
6
Total
No. of Applications and Fees Collected
JAN
FEB
MAR
1/4
0
APR
MAY
JUNE
1/2
$
-
$
-
$
-
$
-
$
-
5
$10,000.00
3
$ 6,000.00
5
$10,000.00
SEPT
0
OCT
NOV
DEC
YTD
0
$ 6,000.00
AUG
4th
-
3
JULY
3/4
$
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
0
$
-
3
$ 6,000.00
0
5
0
0
0
0
$10,000.00
0
$
$
$
$
$
$
$
$
$
$
$
$
$
$
-
0
$
1
-
0
$
$ 2,000.00
8
$16,000.00
$
0
-
-
$ 2,000.00
4
$ 8,000.00
2
$ 4,000.00
12
$24,000.00
3
$ 6,000.00
2
$ 4,000.00
$
-
3
$ 6,000.00
$
-
$
$ 6,000.00
5
$10,000.00
-
$
-
$
-
$
-
$
-
$
-
$
-
5
$10,000.00
-
0
0
$
9
$18,000.00
22
$44,000.00
-
0
-
$
0
$
0
1
3
0
0
$
-
17
$34,000.00
0
$
-
9
$16,000.00
0
$
-
0
$
0
$
-
30
$60,000.00
The majority of the STA licence applications received is within Zone 5 with 17 followed
by Zone 2 with 5 applications received.
In accordance with the STA Licensing By-law, information regarding STA licence
applications and status of same has been posted to the Town website and will be
maintained and updated on a regular basis. The list of STA licence applications
received up to July 31, 2014 has been attached to this report (G1 - STA Licence
Applications Received: July 31, 2014).
In addition to maintaining a spreadsheet of STA licence applications a map depicting
the location of each STA premises has been developed by Staff and will be maintained
on a frequent basis. A copy of the map has been attached to this report (G2 – STA
Licence Applications Received: Map).
All 30 STA licence applications received as of July 31st have been processed by the
Municipal Licensing Officer. Only 11 or 36% have deemed complete and elevated to the
next stage of licensing whereby an inspection of the STA premises by the Fire Services
Department and a Property Standards inspection by the By-law Services Division is
required.
-
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STA License Applications: Application Tracking
Staff has monitored and tracked the time to process a STA licence application and have
determined that a typical application would take approximately 15.0 hours from the time
the application is received to the issuance of the STA licence.
The assigned time frames recorded through various steps in the application process
include one initial STA premises inspection to confirm compliance to the Property
Standards By-law and one re-inspection of same. This does not include inspections or
time allocated by the Fire Services Department. Nor does this include issuing Property
Standards Orders or Provincial Offences Act proceedings.
As these are the initial applications of the STA Licensing Program, it can reasonably be
assumed that the amount of Staff time to process a STA licence application would
decrease over time as:
 the quality of applications and supporting material increase with a better
understanding of the expectations under the STA Licensing Program (under the
By-law) by STA Owners or Property Managers;
 Staff become more familiar with the STA Licensing By-law requirements; and
 Interpretations and policies of same are continued to be developed to establish
consistency.
For example, policies have been developed for accepting evidence and supporting
documentation in order for an owner to declare legal non-conforming status under s.
34.9 of the Planning Act for a STA premises that existed prior to Feb. 4, 2008 and has
continued to be used for STA purposes.
To assist in communicating the expectations of a STA licence applicant; Staff developed
a STA Licence Application Guide that is available on the Town website and at the
Building & By-Law Services Division front service counter. The guide has been attached
to this Staff Report (G3 – STA Licensing Application Guide).
As previously mentioned, it is expected that the time allocated to processing a STA
licence application will decrease over time and that Staff will continue to seek
efficiencies to reduce processing time.
By-Law Enforcement Activity: Open By-law Files in Phase 1 (Zones 1 to Zone 6)
Since 2008, the By-Law Services Division has maintained 146 open files related to short
term accommodation within the First Phase. Of those, 90 properties have been
identified as potentially being used for STA purposes. Staff estimated in previous
reports to Council that approximately 70 properties would reasonably be expected to be
licensed and this estimate was the basis for which Council established the initial STA
Licensing Fees of $2,000 per STA Licence on a bi-annual basis (in addition to
subsequent phasing of up to 350 STAs).
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Page 5 of 10
However, given that the By-Law Services Division has only received 30 applications of a
potential 70 existing STA premises or 43% , there are potentially a high number of STA
premises within Phase 1 that have not submitted a STA licence application.
Reasons for this discrepancy, although difficult to ascertain, may include that some STA
owners may:
 not fully understand their obligation to obtain a STA licence;
 may have chosen to ignore the requirements to be licensed ;
 some may have decided to simply no longer rent on a short term basis;
 have chosen to no longer rent at all; or
 the property has changed ownership.
Since the enactment of the Interim Control By-law by Council on February 4, 2008, the
MLEOs have gathered evidence from online services and other sources where owners
have advertised their premises for short term accommodation purposes, contrary to the
Zoning By-law, as amended.
When a STA file was opened resulting from a complaint from a member of our
community or where the MLEO has suspected same during a by-law investigation - a
notification letter was sent to the property owner. The written notice explained that
Council had enacted an Interim Control By-law on Feb. 4, 2008 that prohibited STA
uses and that operating an existing premises as a STA prior to this date would be
required to provide evidence in order to be protected under the legal non-conforming
provisions of s. 34.9 of the Planning Act. The letter also provided notice that Council
was considering a by-law to license STA premises. In other words, notice was provided
well in advance of the July 2, 2014 timeframe to submit a STA licence application as
established by Council.
Given that the STA Licensing By-law has been enacted by Council, and that short term
accommodation is a priority of Council, the focus of the By-Law Services Division has
shifted from evidence gathering and complaint logging to proactive enforcement related
to STA Licensing.
The MLEOs have commenced investigation on the 90 properties for the determination
of whether or not they are in fact operating a STA which includes, but not limited to:
 Confirming the current information on record including property ownership; and
 Where the MLEO believe that the subject premises is being used as a STA; a
“Warning Letter” that provides notification to the owner that the By-Law Services
Division have information that the subject premises may be operating as a STA,
is sent by registered mail.
The warning letter provides the owner with two options:
1. To confirm in writing to the MLEO that the property in question is in fact not
operating as a STA; or
2. If they are operating a STA premises to submit a complete application within 15
days.
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The warning letter also provides notice to the owner that if an application is not received
within the 15 days further action under the Provincial Offences Act may be taken.
Where the subject premises has previously been confirmed by the MLEO to have been
operating as a STA and the owner subsequently communicates that they will no longer
be operating as a STA, the By-Law Services Division has adopted an operational policy
where the owner will be required to provide a Sworn Affidavit stating same before the
by-law file will be closed.
Staff believe that this soft approach (15 day deadline) has been successful and is
consistent with the philosophy of By-Law Enforcement whereby compliance is the
desired outcome rather than a hard-line approach which would mean charges being laid
under the Provincial Offences Act ( a maximum fine of up to $50,000) which would be
action of least resort.
Summary of By-Law Enforcement Activity Related to STAs: July 31, 2014
Below is a summary of the MLEO’s follow up to the STA files on record within Phase 1:
No. of Warning Letters Sent:
17
Where:
 7 of those, previously substantiated to be a STA, have confirmed they will no
longer be renting on a short term basis.
 2 of those have confirmed that they will be submitting a STA Licence Application.
 3 of those are considering their options (deadlines have been given by the MLEO).
 5 properties have changed ownership and have communicated to the MLEO that
they are using for personal use only and will not be renting (files closed).
 1 property was issued an Unsafe Order under the Building Code Act as bedrooms
in a finished basement did not satisfy minimum safety standards for emergency
egress. This property is no longer renting on a short term basis or using the
basement for sleeping purposes.
As part of the current follow up and investigation process of the open STA related bylaw files is the monitoring of rental websites by the MLEOs.
Although the STA Licensing Program has been established for less than 3 months; ByLaw Enforcement of STA premises within Phase 1 has been elevated post July 2, 2014
for the reasons as described above.
The MLEOs have been focusing on the 90 potential STA premises (174 files) which
require a significant amount of investigation time such as site inspection and follow up
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Page 7 of 10
correspondence by telephone, email and mail. As previously mentioned, many STA
operators advertise online through various websites and other publications.
Generally, this type of follow up and investigation typically takes 5-6 hours of Staff time
from the time we review the file to confirming confirmation of the use of the premises for
STA purposes.
To establish a meaningful STA Licensing Program, this initial proactive enforcement is
necessary.
Impact on Other By-Law Related Activities
Notwithstanding the proactive enforcement of the Phase 1 STA Licensing Program; the
By-Law Services Division continues to maintain service levels of other by-law service
requests as established with the Service Level Matrix endorsed by Council.
For instance, in the month of July the By-law Services Division received 62 By-law
Service Requests versus 79 in July of 2013 (not including new STA requests).
The response times have been maintained by Staff from 1-2 business days.
Staff will continue to monitor service levels over the next several months.
Report on Operating Expenses: July 31, 2014
A summary of expenses and revenue related to the STA Licensing Program to the end
of July 2104 is summarized below:
Expenses
Revenue
Net Tax Levy
Approved Budget
$178,400.00
$178,400.00
0
Actual YTD (Unaudited
$65,536.00
$60,000.00
($5,536.00)
% of Budget
36.7%
33.6%
STA Licences: Phase 2 (December 1, 2014)
As previously reported to the Committee of the Whole on January 13, 2014 and to
Council on January 13, 2014 (Staff Report PL.14.05), Staff estimated that approximately
350 premises would be projected to be licensed over 5 years as referenced from the
following table of Staff Report PL.14.05:
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With the commencement of Phase 2 of the STA Licensing Program on December 2,
2014 with same being applied to the entire Town, it can be expected that there will be a
significantly higher number of STA licence applications submitted than Phase 1.
A potential of receiving just fewer than 300 STA licence applications on or near this date
versus over a 5 year time frame is quite possible.
Using the estimated time allocated to process a STA licence application of
approximately 15 hours would mean that 300 STA licence applications would require
approximately 4,500 hours to process from acceptance to issuance or 2.5 years at
1,820 working hours per year.
Even if Staff reduced the amount of time to process a STA licence application from 15
hours down to 10 hours (30%) through efficiencies, would still require 3,000 hours or 1.6
years to process.
The current capacity of the Building & By-Law Services Division cannot support such a
high volume of applications.
Assuming a conservative number of 200 STA applications that may be submitted on or
before December 2, 2014 would mean a revenue generation of approximately
$400,000.
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Page 9 of 10
The STA Licensing Program has had a significant impact of both Building Services and
By-Law Services Staff. The Manager, Building & By-law/CBO has concentrated most of
his efforts on getting the STA Licensing Program up and going for the better part of
2014. This has in turn has caused more workload and pressure on Building & By-Law
Services Staff in the Ontario Building Code Program and By-Law Enforcement with the
Town operating under a part time Chief Building Official. The Town is fortunate to have
highly qualified and dedicated Staff to take on his extra workload. However, this cannot
be sustained over the long term.
In March 2014, we were very successful in hiring our current Municipal Licensing
Officer; however, we were not as successful in finding a suitable candidate for the
MLEO (2 year contract) position. Further, without absolute certainty that the STA
Licensing Program would be enacted; Staff delayed the hiring of the replacement
position of the Security Alarm Coordinator/By-Law Clerk that has been vacant since the
summer of 2013.
The 2014 budget included a 1.0 FTE 2 year contract MLEO position and a 0.5 FTE
Security Alarm Coordinator/By-Law Clerk position. Staff will seek to fill these positions
over the next several months.
Staff will report back to Council after December 1, 2014 with an implementation plan for
Phase 2 of the STA Licensing Program which will provide priority areas to process the
applications for Council to consider.
C.
The Blue Mountains’ Strategic Plan
Providing a strong, well managed municipal government.
Managing growth to ensure the ongoing health and prosperity of the community.
D.
Environmental Impacts
N/A
E.
Financial Impact
STA Licensing Phase One: 30 STA licence applications received to the end of July 31st
with corresponding revenue of $60,000.00.
STA Licensing Phase Two: Estimated 200 STA licence applications and corresponding
revenue of $400,000.00.
F.
In Consultation With
N/A
G.
Attached
G.1 STA Licence Applications Received Spreadsheet (July 31, 2014)
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G.2 STA Licence Applications Map
G.3 STA Licensing Application Guide
Prepared by:
Greg Miller
Manager, Building & By-Law Services
Respectfully submitted by:
Troy Speck, CAO
Luc Proulx
Municipal Licensing Officer
STA Licence Application Status - Town of The Blue Mountains
(Updated July 31, 2014)
No.
Civic Address
Applicant
Owner
Application Date
Licence Status
Licence No.
Licence Expiriy
Note
1
104 Brooker Blvd. unit 1
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
2
104 Brooker Blvd. unit 2
Mark Faiz Sakkejha
Blue View Chalet
Abeer Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
3
104 Brooker Blvd. unit 3
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
4
104 Brooker Blvd. unit 4
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
5
104 Brooker Blvd. unit 5
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
6
104 Brooker Blvd. unit 6
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
7
104 Brooker Blvd. unit 7
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
8
104 Brooker Blvd. unit 8
Mark Faiz Sakkejha
Blue View Chalet
Mark Faiz Sakkejha
April 25, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
No.
Civic Address
Applicant
Owner
Application Date
Licence Status
Licence No.
Licence Expiriy
Note
Application Denied. Short Term Accommodtion use not permitted
on this property in accordance with Zoning By-law 83-40, as
amended.
9
104 Farm Gate, Unit 30
Dan Quattrociocchi
Flintview Holdings Inc.
June 2, 2014
Denied
June 12, 2014
10
119 Jozo Weider
Gerald Norman
Gerald Norman
April 22, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
11
146 Carmichael Crescent
Walter Lukawiecki
Walter Lukawiecki and
Catherine Nagora
June 26, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
12
140 Campbell
David Brown
David Brown
June 27, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
13
116 Carmichael
Stuart Frith
2214837 Ontario Inc.
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
14
109 Plater St.
Stuart Frith
BMC Cottages Inc.
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
15
139 Claire Glen
Elizabeth Kolosa (Stuart
Firth)
Elizabeth Kolosa
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
16
102 Lisa's Lane
Tony Micelli
Tony Micelli
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
17
110 Ridgeview Dr.
Tony Micelli
Tony Micell
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
No.
Civic Address
Applicant
Owner
Application Date
Licence Status
Licence No.
Licence Expiriy
Note
18
109 Lucille Wheeler
Sheldon Rosen
Sheldon Rosen
June 30, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
19
191 Brooker
Sheldon Rosen
Sheldon Rosen
June 30, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
20
146 Settlers Way, unit 45
Greg Silas
Chris Wiegand
June 30, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
21
116 Claire Glen
Toni Boyle
Jason Robinoff, Stay at
Blue Mountain
June 30, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
22
148 Campbell Cr.
Oakbud Protperties Inc.
Oakbud Properties Inc.
June 30, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
23
105 Drakes Path
Sheldon Rosen
Sheldon Rosen
July 2, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
24
796370 Grey Rd. 19
Sheldon Rosen
Sheldon Rosen
July 2, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
25
146 Settlers Way, unit 41
Sheldon Rosen
Patricia Valente
July 21, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
26
145 Pioneer
Jacqui Snyder
Jacqui Snyder
June 28, 2014
Licence application
under review.
Licence application deemed complete. Fire Department inspection
and Property Standards inspection outstanding.
No.
Civic Address
Applicant
Owner
Application Date
Licence Status
Licence No.
Licence Expiriy
Note
June 28, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
27
102 Patricia
Harry Staton
Harry Staton
28
796371 Grey Rd. 19
Stuart Frith
Willy Van Dolder
July 2, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
29
147 Campbell
Kimberly Durst
Kimberly Durst,
July 3, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
155 Settler's Way
James Tindall
James Tindall
July 3, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
101 Liisa's Lane
Julie Prather
Julie and Philip Prather
July 21, 2014
Licence application
under review.
Licence application incomplete. Awaiting further infromation from
appliant.
30
31
Town of The Blue Mountains
Short Term Accomodation - Licensing Applications
(as of July 31, 2014)
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116 CARMICHAEL CRES
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Information shown on these drawings is compiled from numerous sources
and may not be complete or accurate. The Blue Mountains is not responsible
for any errors, omissions or deficiencies in this drawing. This document
is for reference purposes only. No part of this supplied data may be
reproduced or transmitted to others in any way without the written
permission of The Corporation of the Town of The Blue Mountains. (LG 2014)
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Short Term Accommodation
Licence Application Guide
This guide has been developed for convenience purposes only.
The Owner is responsible for ensuring compliance with all Town by-laws and other applicable regulations.
BL808
STA Licence Application Guide
Table of Contents
Short Term Accommodation Licensing .................................................................................... 3
Phase One: July 2, 2014 .......................................................................................................... 4
The STA Licence Approval Process......................................................................................... 5
Short Term Accommodation (STA) Licence Application Checklist........................................... 6
1.
The STA Licence Application Form ................................................................................... 7
2.
Floor Plans ........................................................................................................................ 8
3.
Site Plan ............................................................................................................................ 9
4.
Supporting Documentation .............................................................................................. 10
Property Management Plan Criteria ................................................................................ 12
Parking Management Plan Criteria ................................................................................. 13
Renter Code of Conduct: Sample ................................................................................... 14
Declaring Legal Non-Conforming Use ............................................................................. 16
Ontario Fire Code Requirements .................................................................................... 17
Existing Properties with Private On-Site Sewage Systems ............................................. 17
Existing Deck Structures ................................................................................................. 18
Appealing Decisions of the Manager or Decisions of the Committee .................................... 19 For further information on Short Term Accommodation Licensing contact:
Planning & Building Services Department
Building & By-Law Services Division
STA Licensing
Telephone: (519) 599-3131 ext. 240
Toll Free: 1-888-258-6867
[email protected]
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STA Licence Application Guide
Short Term Accommodation Licensing
On November 25, 2013, Council of the Corporation of the Town of The Blue Mountains enacted
By-law No. 2013-50, being a by-law to licence, regulate and govern short term accommodation
uses.
The Short Term Accommodation (STA) Licensing By-law is effective July 2, 2014 and will apply
in two phases:
Phase 1: July 2, 2014
If you own or operate an existing STA premise within Zones 1-6 as set out in Schedule ‘A-1’ of
By-law 2013-50, as amended: you are required to submit a complete STA Licence application,
no later than July 2, 2014.
Phase 2: December 1, 2014
If you own or operate an existing STA premise within all other areas in The Blue Mountains,
other than the Phase 1 lands, you are required to submit a complete STA Licence application,
no later than December 1, 2014.
The prerequisites to obtain a licence are as set out in the STA Licensing By-law and include the
following:







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Submission of a Complete Application
Payment of the requisite Licensing Fee
Submission of a Site Plan and Floor Plans of the STA Premise
Provision of Proof of Insurance in accordance with the By-law
Submission of a Parking Management Plan
Submission of a Property Management Plan
Submission of a Renter’s Code
Submission of a Sworn Affidavit including supporting documentation if you are declaring
legal non-conforming status under the Planning Act.
 Submission of a Fire Code Compliance Statement from the Town’s Fire Chief Prevention
Officer
 Submission of an Electrical Safety Code Compliance Certificate from the Electrical
Safety Association (ESA)
General Licence Information





A licence is valid for a period of 2 years from date of issuance
A licence is non-transferable
The Manager may revoke a licence if it was issued on mistaken, false or incorrect
information.
Any person who contravenes any provision of By-law 2013-50 (as amended) pursuant to
section 11.1, upon the issuance of a penalty notice shall, be liable to pay the Town an
administrative penalty in the amount $250.00.
Any person who contravenes any provision of By-law 2013-50 (as amended) is guilty of
an offence and, upon conviction, is subject to a fine as provided in the Municipal Act,
2001 or the Provincial Offenses Act.
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STA Licence Application Guide
Phase One
STA Properties Required to Submit a
Complete STA Licence Application by July 2, 2014
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STA Licence Application Guide
The STA Licence Approval Process
Prior to the issuance of STA Licence, the application and all supporting documentation will
reviewed by the Manager to determine whether it meets the requirements of By-law 2013-50, as
amended.
The following flowchart summarizes the major steps in processing an STA Licence Application:
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STA Licence Application Guide
Short Term Accommodation (STA) Licence Application Checklist
ALL ITEMS MUST BE INCLUDED WITH THE STA LICENCE APPLICATION
1. STA LICENCE APPLICATION FORM
 Complete the “Application for a Short Term Accommodation (STA) Licence)” Form BL576
2. FLOOR PLANS (2 Copies)
Floor plans of the STA Premise drawn to scale depicting the:
 Proposed use of each room (Bedroom, Recreation Room, Living Room, Kitchen, etc.) Please note proposed
bedroom occupancy.
 Location of all smoke alarms and early warning devices
 Location of all fire extinguishers
 Location of all exits
 Room dimensions
3.
SITE PLANS (2 Copies)
A Site Plan of the STA Premise drawn to scale depicting the related site amenities including:




Parking
Landscaping, including snow storage area
Other buildings and structures on the property
Existing private on-site sewage system
4.
SUPPORTING DOCUMENTATION: All Mandatory (2 Copies)

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

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A copy of the Transfer/Deed proving evidence of ownership
5.
REQUIRED FEES & CHARGES: (As of June 30, 2014)
A copy of the Liability Insurance of not less than $2 million per occurrence for property damage and bodily injury
Certificate from the Electrical Safety Authority (ESA) that the premise conforms to the Ontario Electrical Code
Proposed STA Premise: Property Management Plan (see STA Property & Parking Management Plan Criteria)
Proposed STA Premise: Parking Management Plan (see STA Property & Parking Management Plan Criteria)
Renter’s Code
Owner’s written authorization permitting the applicant or agent to act on their behalf
Sworn affidavit including supporting documents if claiming legal non -conforming
Licensee Undertaking to Operate & Maintain a STA Premise
STA Licensing Fees:
Additional Fees that may be applicable:




STA Licence Fee (Initial): $2,000.00 (2 Yr. Term)
STA Licence Renewal Fee: $750.00
STA Replacement Licence: $50.00
TBM Fire Dept. Inspection Fee:
 $75 (up to 2,500ft2)  $100.00 (>2,500ft2)
 Licensing Committee Fee:$500.00
 Council Appeal Fee: $500.00
 Licensing Committee Meeting Fee: $250.00
 Licensing Committee Hearing Fee: $250.00
6.
APPLICABLE APPROVALS: Circulated Upon Submission of STA Licence Application
Upon the submission of a complete STA Licence Application and all required supporting documentation as listed above; the
Manager, Building & By-Law Services will circulate the application to the following Town Departments which will require
written approval prior to the issuance of a Short Term Accommodation Licence:
 Ontario Fire Code & Fire Protection and Prevention Act
TBM Fire Services Department
(519) 599-5411 ext. 105
[email protected]
 Zoning Requirements & Site Plan Approval (Newly Established STA)
Planning Services Division
(519) 599-3131 ext. 283
[email protected]
Incomplete STA License applications will delay processing time. Where an application is determined NOT to satisfy the
requirements of the STA Licensing By-law (2013-50), the Manager, Building & By-Law Services (or designate) may refuse
the application/licence.
ALL STA LICENCE APPLICATIONS SHALL BE SUBMITTED TO THE BUILDING & BY-LAW SERVICES DIVISION
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STA Licence Application Guide
1. The STA Licence Application Form
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2. Floor Plans
The following is a sample floor plan that would be expected to be submitted with the STA
Licence Application.
The reviewed Floor Plan issued with the STA Licence must be permanently displayed at the
STA Premises.
Criteria:
 Proposed use of each room (Bedroom, Recreation Room, Living Room, Kitchen, etc.) Please
note proposed bedroom occupancy
 Location of all smoke alarms and early warning devices
 Location of all fire extinguishers
 Location of all exits
 Room dimensions
Note: The maximum number of occupants within a dwelling that is being operated as a STA shall not
exceed a total number based upon two (2) persons per bedroom plus an additional two (2) person (Bylaw 2014-46).
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STA Licence Application Guide
3. Site Plan
The following is a sample site plan that would be expected to be submitted with the STA
Licence Application.
Criteria:
The site plan will need to clearly indicate the following:




Parking
Landscaping including snow storage area
Other buildings and structures on the property
Existing private on-site sewage system (if applicable)
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4. Supporting Documentation
Transfer/Deed proving evidence of ownership
(Sample Shown Below):
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STA Licence Application Guide
Insurance Certificate: Sample
Electrical Safety Authority Certificate: Sample
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Property Management Plan Criteria
This document has been provided for convenience only.
Reference shall be made to the applicable Town by-law when developing the Property Management Plan
The Property Management Plan is a plan that identifies those measures the Owner will implement so as
to ensure compliance with the Town’s Property Standards By-law, Waste Collection By-law and any other
by-law related to property maintenance and/or property management.
Property Standards By-law 2002-18
 Maintaining & Keeping the Property Clean
 Removing litter, debris, undesirable materials, etc.

Snow Clearing, Salting or Sanding for Ice & Slippery Winter Conditions


Who is responsible?
How often will the property be inspected?
Long Grass & Noxious Weeds By-law 2003-25
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
Long grass means that which exceeds a length, on average, of 250mm (10 inches) in height
Noxious weeds means any weed identified on Schedule ‘B’ or any weed designated by the Chief
Weed Inspector for the Province of Ontario


Who is responsible?
What are your cutting standards and frequency so as to comply with the Long Grass By-law?
Waste Collection By-law 16/03

Garbage & Recycling Containers: Placing to and from the Curbside


Who is responsible?
Are they aware of the Town’s Waste Collection Standards and Process for Collection?
Noise By-law 2002-9
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
Noise that is likely to disturb the peace, quiet & comfort or having quiet enjoyment…”
Examples:
 “Sound or music from any radio, television, electrical device,

musical or sound producing instrument,
 yelling, shouting, hooting, whistling singing or
 any other sound made by an individual which is likely to disturb the peace, quiet &
comfort or having quiet enjoyment…”


Who will be responsible for managing noise complaints from your occupants?
Are they aware of the Town’s Noise By-law provisions?
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Parking Management Plan Criteria
This document has been provided for convenience only.
Reference shall be made to the applicable Town Zoning By-law when developing a Parking Management
Plan
The Parking Management Plan shall include a plan, drawn to scale, depicting the size and location of all
parking spaces, along with driveways and drive aisles, intended to be used for parking on the premises.
The review/acceptance of a Parking Management Plan does not give the STA Owner the right to maintain
or carry out any improvements on Town owned land including access and/or driveway works nor does it
give the STA Owner the right to undertake any work other than in compliance with Town By-laws and
Agreements (including, but not limited to, the Town’s Fill Regulation By-law, Subdivision Agreement, Site
Plan Agreement).

Where is the location of the parking areas?

How many vehicles will be parked in the parking area?

How will you maintain parking?

Where is the location of the driveway?
Parking Requirements for Newly Established STAs (By-law 2009-03 & 2009-04)
REQUIRED MINIMUM NUMBER OF PARKING SPACES*
BUILDING TYPE
Single Unit
Multi Unit
REQUIRED PARKING BASED ON PER GUEST ROOM(S) USED FOR SLEEPING
0.5 parking space per occupant or 1.0 parking space per guest room used for
sleeping, whichever is greater.
1.75 parking spaces per 4 guest rooms used for sleeping or less plus 1.0 additional
parking space for each additional guest room used for sleeping
*A parking space shall have a minimum length of 6 metres (m) and a minimum width of 2.75 meters (m).
LOCATION OF REQUIRED PARKING AREAS:
The required parking area shall:
 Not form a part of any street or lane
 Be provided on the lot occupied by the building for which the parking is required
 Be located in any yard but not closer than 1.5m to any lot line
LOCATION OF DRIVEWAYS
No driveway shall be:
 Established closer than 1m to an interior side lot line except where driveways on an abutting lot line may be
established along a common lot line provided their combined width does not exceed 9m.
 No driveway shall be established closer than 9m to the intersection of two or more streets except those
driveways in Zone R5, R6, R7 & R8 shall be no closer than 15m to an intersection
A DETAILED SITE PLAN DESCRIBING THE PARKING MANAGEMENT PLAN
SHALL BE SUBMITTED WITH THE STA LICENCE APPLICATION AS PER BY-LAW 2013-50, AS AMENDED
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Renter Code of Conduct: Sample
1. Premise of this Code
The premise of this Code is that the short term accommodation premises are, for the most part,
located in residential neighbourhoods and that the residents of these neighbourhoods have the
right to enjoy their own properties without being imposed upon by nuisance from others.
2. Objectives of this Code
The objective of this Code is to establish acceptable standards of behaviour for renters, and their
guests, to minimise any adverse social or environmental impacts on their neighbours and
neighbourhood.
3. Residential Area
The Renter acknowledges for themselves and on the behalf of others that they will be occupying
a short term rental accommodation that is located in a residential area.
4. Guiding Principles
The Guiding Principles for short term accommodation renters are:

The premise that you are occupying is a home;

Treat the premise as your own;

Respect your neighbours; and,

Leave it as you find it.
5. Maximum number of Renters and Guests:
The maximum number of occupants within a dwelling that is being operated as a short term
a)
accommodation shall not exceed a total number based upon two (2) persons per bedroom
plus an additional two (2) persons and,
b)
The number of non-occupying guests permitted at a short term accommodation premise
must not be such that it may conflict with the residential neighbourhood or amenities.
6. Noise and Residential Amenity
No person shall make noise so as to cause a disturbance or conduct themselves in an antisocial
behaviour.
Examples of noise that is deemed to be a disturbance include:
a) Loud music;
b) Outdoor or backyard gatherings involving excessive noise;
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c) Late or early hour disturbances; and,
d) Yelling, shouting, chanting and loud conversations.
Please be advised that the Town of The Blue Mountains Noise By-law, By-law No. 2002-09, as
amended, is in effect 24 hours a day, 7 days a week. The By-law states that:
“NO PERSON SHALL MAKE NOISE OR CAUSE NOISE TO BE MADE OR PERMIT NOISE TO
BE MADE THAT WOULD BE LIKELY TO DISTURB THE INHABITANTS OF THE
MUNICIPALITY”
Renters and their guests are not allowed to disturb neighbours or interfere with their enjoyment of
their properties, or the public realm, at any time of the day or night.
Failure to comply with the conditions of the Town’s Noise By-law may result in the notification of
the Ontario Provincial Police who may, upon attendance, issue a Notice of Offence, which carries
with it a fine, upon conviction, of $615.00 for a first offence.
Please enjoy your stay in the Town of The Blue Mountains but have consideration for others.
7. Functions and Parties
a)
Short term accommodation renters are not to host commercial functions;
b)
So called "party houses" conflict with residential amenity and are not permitted; and,
Any gathering, celebration or entertainment at a short term rental accommodation premise
c)
must not conflict with residential and must comply with all the other requirements of this
Code and the Town of The Blue Mountains by-laws.
8. Access and Parking
Please familiar yourself and your guests with the Parking Management Plan for the premise so as
to ensure ease of access with minimum disturbance to other residents or neighbouring properties.
All short term accommodation premises will have vehicle parking limits, please refer to the
Parking Management Plan for the premises.
9. Recycling and Garbage
Please familiar yourself and your guests with the Property Management Plan, including the
provisions that have been made for waste management and the day of the week in which waste
collection is scheduled. It should be noted that the “putting out” of waste on a non-scheduled day
is regulated by the Town’s Waste Management By-law.
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Declaring Legal Non-Conforming Use
Under Section 4.5 of the STA Licensing By-law 2013-50, as amended
It is the responsibility of the STA Owner to demonstrate to the Town that a use, building or
structure is protected by virtue of Section 34(9) of the Planning Act.
Where an applicant for a short term accommodation (STA) licence is declaring legal nonconforming protection under s. 34(9) of the Planning Act (“grandfathered”); the applicant will be
required to submit evidence so that the Manager can confirm:
1. That the property was being used as a STA on February 3, 2008;
2. The nature and extent of the STA use on February 3, 2008 so as to determine if the use
has changed or intensified since this date; and
3. That the property has not at any time since Feb. 3, 2008 stopped being used as a STA.
An Interim Control By-law was enacted by Council on Feb. 4, 2008 prohibiting STA uses; thus
the specific dates mentioned above.
To assist in the confirmation of the above criteria, s. 4.5 of the STA Licensing By-law indicates
that such evidence provided include, but not limited to, the following:




Rental information including receipts and advertisements and other records that may be
relevant and that are supportive of the establishment and continued use of the premise
for short term accommodation purpose and that the use continued without it being
discontinued
Advertisements
Any other records that may be relative and supportive of the establishment and
continued use of the STA; AND
A Sworn Affidavit.
Please note that the Sworn Affidavit must confirm the continued use of the premise for STA
purposes from Feb. 3, 2008 to the present. Further; all supporting documentation and
material provided are to be attached as Exhibits to the Affidavit.
It is strongly recommended that you review the STA Licensing By-law to determine the
exact requirements of the By-law; review the zoning of your property so as to ensure that
you are eligible for a licence or qualify in accordance with Section 34(9) of the Planning
Act as it relates to “legal non-conforming” or “grandfathered” premises (see Section 4.5
of the By-law); speak to a solicitor if you are relying on Section 34(9) of the Planning Act.
In evaluating the information provided with respect to its acceptability, the Manager/MLO may seek the
Town’s solicitor and outside legal counsel
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Ontario Fire Code Requirements
All STA Premises will be required to conform to the Fire Prevention and Protection Act and the
Ontario Fire Code. Refer to the Town website for the Fire Services Department’s guide
entitled: “Short Term Accommodations’ Fire Code Requirements” prior to contacting the Fire
Department.
Please contact the Chief Fire Prevention Officer for further information:
[email protected] or (519) 599-3131 ext. 105
Existing Properties with Private On-Site Sewage Systems
If your property is serviced with a private on-site sewage system you will be required to provide
the following information:
 A site plan indicating the location of the septic tank, leaching beds and all related
components
 Septic tank size and capacity
 A copy of the existing on-site sewage system permit information. If you do not have a
copy: Information regarding systems installed prior to January 1, 2010 may be
obtainedfrom the Grey Bruce Health Unit. Please contact their office at (519) 376-9420
further information
OR
A system evaluation completed by a qualified person.
The performance level of the existing on-site sewage (septic) system may be reduced and may
require the on-site sewage system or components to be upgraded.
In accordance to the Ontario Building Code, the following criteria may trigger the requirement to
upgrade the existing on-site sewage system:
i) An increase in the number of bedrooms,
ii) The area of the addition is greater than 15% of the finished area, or
iii) Any new plumbing fixtures that will result in the daily design sanitary sewage exceeding
the on-site sewage system capacity.
BUILDING & BY-LAW SERVICES MAY ASK THAT YOU OBTAIN THE SERVICES OF A
QUALIFIED PERSON (I.E. SEPTIC DESIGNER) TO CONFIRIM ADEQUATE CAPACITY OF
THE EXISTING ON-SITE SEWAGE SYSTEM OR COMPONENTS TO DERTMINE IF
UPGARDING IS REQUIRED FOR THE DESIRED STA PREMISE OCCUPANT LOAD
PRIOR TO A STA LICENCE IS ISSUED
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Existing Deck Structures
If there is an existing deck(s) that are greater than 0.6 metres (24”) above the finished grade
you will need to conform the following:



The deck structure(s) including all guards and handrails must be maintained in a sound
condition and must safely sustain its own weight and any additional loads which it may
be subjected to through normal use.
The deck structure(s) shall have a level of safety required by the Ontario Building Code.
Deteriorated or damaged structural members or materials must be replaced.
 How is the deck structure connected to the building? Nails, carriage bolts and masonry
screws are NOT acceptable
 What is the foundation type – poured concrete or concrete masonry unit (cmu)
 Is there a ledger board connecting the deck to the building?
 Any visible signs of rust or corrosion?
 Is there flashing installed above the ledger board?
 How is the deck structure(s) supported?
 Is the deck supported on concrete footings or “sonotube” footings?
 Any visible signs of rot, decay or cracks in the supporting posts or concrete?
 Are the supporting posts 4”x4” or 6”x6” or steel posts?

What condition are the deck boards & floor joists?
 Any sign of visible decay, rot or cracking?
 Are the floor joists supported by hangers?

What condition are the Handrails & Guards?





What is the height of the guards?
Is the guard posts notched in any form?
Is the opening between the balusters (pickets) greater than 100mm (4”)?
Are there any horizontal members that could facilitate climbing?
Any visible signs of rot, decay or cracks?
BUILDING & BY-LAW SERVICES MAY ASK THAT YOU OBTAIN THE SERVICES OF A
QUALIFIED PERSON (I.E. PROFESSIONAL ENGINEER) TO CONFIRIM THE STRUCTURAL
SOUNDNESS OF THE DECK(S) STRUCTURES PRIOR TO A STA LICENCE IS ISSUED.
REFER TO THE TBM STANDARD DECK DETAIL PACKAGE FOR MORE INFORMATION.
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Appealing Decisions of the Manager or the STA Licensing Committee
a) A person whose application for a new licence or a renewal of a licence has been refused
may apply to the STA Licensing Committee (“Committee”) within 15 days of the decision
for a review of the decision.
b) A person who has been imposed an Administrative Penalty may within 15 days of being
notified of the Administrative Penalty apply to the Committee for a review of the decision.
c) The Committee may affirm, modify or rescind the decision of the Manager and apply
such terms and conditions deemed appropriate by the Committee in the instance of a
refusal.
d) A person may, within 15 days, appeal the STA Licensing Committee’s decision to
Council. e) An application to the STA Licensing Committee or Council shall be completed on the
prescribed form along with all applicable fees.
f)
Matters relating to the Property Standards By-law, Ontario Fire Code or Ontario Building
Code are not appealable to the STA Licensing Committee or Council.
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