Item - 2022.PH35.7

The Planning and Housing Committee recommends that:

1. City Council request that the Minister of Municipal Affairs and Housing, prior to November 1, 2022, amend Building Code Article 1.3.3.7 (Occupancy Permit - Super Tall Buildings) in order to address issues in the Article related municipal risk and monitoring of public safety during construction by:

a. Identifying the roles of each party involved in the partial occupancy of super tall buildings;

b. Removing the option for the Chief Building Official to request an indemnity and insurance and replace with language clearly identifying that the municipality and the Chief Building Official will not be liable, and that all risk shall be borne by the owner, builder and other parties involved in the construction, implementation and monitoring of the partial occupancy plan; and,

c. Requiring that an expert provide certification that the partial occupancy plan has been complied with, and that there is monitoring through the period of partial occupancy with a requirement that the Chief Building Official be informed immediately if there is non-compliance with the partial occupancy plan at any stage.

2. City Council request that the Minister of Municipal Affairs and Housing direct staff from the Ministry of Municipal Affairs and Housing to engage staff from Toronto Building, Municipal Licensing and Standards, Toronto Fire Services and Transportation Services, and conduct further consultation with experts in construction site safety, to identify any recommended changes to the list of Building Code requirements that must be met for the safe partial occupancy of super tall buildings. 

This report responds to City Council's request that the Chief Building Official and Executive Director, Toronto Building, report back to the Planning and Housing Committee on any further consultations and changes to the Building Code that permit partial occupancy of super tall buildings.

In April 2022, the Chief Building Official and Executive Director, Toronto Building reported to City Council that the Ministry of Municipal Affairs and Housing was consulting on proposed Building Code changes that would introduce prescriptive requirements to allow partial occupancy of super tall buildings that are still under construction. In considering the report, City Council adopted recommendations requesting that the Ministry of Municipal Affairs and Housing convene a task-force of experts in construction site safety and conduct further consultations before proceeding with any Building Code changes.

In late-April, the Province amended the Building Code by introducing Article 1.3.3.7 (Occupancy Permit - Super Tall Buildings) to allow the early and partial occupancy for super-tall buildings. This Article sets out the obligations and criteria under which the Chief Building Official must allow partial occupancy of super tall buildings (now defined as 65 or more storeys, or more than 250 metres in building height) where the structure and enclosing walls of the building are not completed to the roof.

This report summarizes the new Article and recommends that City Council request additional amendments prior to November 1, 2022. The report also contains recommendations intended to address any additional technical changes that may be required to support public safety. These amendments would support the construction of these super tall buildings, but also clarify issues related to municipal risk.

This report has been written in consultation with Legal Services, Transportation Services, Municipal Licensing and Standards, and Toronto Fire Services.