Cut Internet Cable

I suppose we should be used to this by now…. Not only was my internet cable cut but the area was fenced off, so the technician couldn’t fix the problem. I guess there is always a bright side. With no internet for a few days, we can catch up on our reading. 20150326_172436

MOL (Ministry of Labour) Response to Adjacent Property Damage and Crane Use During Construction Projects

After numerous emails and phone calls, I’ve been able to get a clear response from the MOL about their role in damage caused by construction projects and crane use above private property. In summary, it seems unless homes are in danger of collapsing or workers are in danger of getting hurt, the MOL will not be involved. At this point, I’m unsure if there are any resources the public can access to ensure they are safe and their homes are undamaged.

Response from the Ministry of Labour in Regards to Adjacent Property Damage:

You are correct that Ontario Regulation 213/91 Section 229(1) does address protection of adjacent structures and more specifically, the stability of the building or structure…………The Ministry of Labour enforces the Occupational Health and Safety Act (the Act) and its Regulations with the workplace parties but there is no provision in the Act to become involved with the remedial actions that may be required in regards to the adjacent buildings or structures.

Response from the Ministry of Labour in Regards to Cranes Operating Above the Public (Property and People):

I have reviewed the You Tube video that you sent us in your email and there is no provision in our legislation that addresses the movement of materials by crane or otherwise over private properties.

(See referenced video here): https://crdottawa.org/2014/11/06/danger-zone-in-the-backyard

Danger zone in the backyard

Would you let your children play here? This video was shot in an Ottawa resident’s backyard on November 6, 2014. The home is in the middle of a construction zone for a 5-story condo development. Why wasn’t overhead netting or a protective wall installed to safeguard residents and their properties?

Community warned City in 2011 about potential for damage

Multiple homes in Ottawa are still dealing with severe damage after experiencing strong vibrations and various construction processes such as sheet piling, dewatering and drilling from an adjacent condo development site. The damage includes sinking floors, gaps and cracks in the walls and in one case, a collapsed ceiling. Meeting minutes show that the Lowertown community had warned the City of Ottawa and Council in 2011, prior to construction, about potential issues that could result in damage to homes. Residents says they are seeking answers from the City and Council.

Lowertown Condo: Community warned City about potential for damage in 2011

In 2011, the Lowertown community warned the City of Ottawa and Council about potential issues, namely geotechnical, that could result in damage to homes adjacent to a prospective condo construction development site.  This condo development was subsequently approved and construction began.

In 2014, multiple homes located next to this condo construction site began experiencing damage including sinking floors, gaps and cracks in the walls and in one case, a collapsed ceiling. Numerous construction processes took place directly adjacent to the properties including sheet piling, dewatering as well as drilling.

Below is an excerpt from the 2011 minutes outlining the community’s position. Was the response appropriate? And was this issue later addressed at the Site Plan Control stage?

Comment:

GEOTECHNICAL

  • Dewatering impacts have not been fully addressed relative to the shoreline, the development’s foundation and foundations nearby. There are several concrete examples of how dewatering and blasting have impacted the foundations of this neighbourhood. In addition, due to the clay-based riverbed nature of the land in this area, several homes are already experiencing significant stress on their foundations as the clay continues to settle.
  • Micro-site blasting has not been fully assessed for the impacts it will have on stone and sand foundations. Any blasting that will occur must have area foundations assessed by an engineer, paid for by the developer but sourced by the homeowner to set baseline structural competencies.
  • The parking structure will be below the level of the Rideau River. What are the implications and where will infiltrating water be directed?
  • The consultant notes that “if there are more than two levels of parking” where the program states that there will be three levels of parking. All studies should be based on the assumption that there will be three levels of parking. Assessment of the foundation cannot be undertaken until the number of levels of parking are confirmed as geological strata and engineering properties vary with depth.
  • The Elevations show no parking details i.e. no elevation details below grade. Structures with windows are shown on the roof above the third storey level. Does this provide access to the roof? If roof decks are envisioned, they will be incongruous with the neighbourhood.

Staff Response:

The proposal intends to accommodate the required parking in an underground parking garage. The parking garage is proposed to accommodate 110 parking spaces (residential and visitor). With respect to the dewatering or blasting of the site, these are issues which would be addressed at the Site Plan Control stage. In addition, Rideau Valley Conservation Authority has been circulated the application and has provided the following comments regarding the proposal:

“This development is not within the 1:100 year floodplain of the Rideau River, however the city should ensure that protection is in place relating to the Stormwater and drainage system so that no storm sewer surcharging or flooding would occur as a result of the nearby Rideau River reaching 55.71 metres geodetic, the 1:100 flood elevation.”

The full version of the minutes from 2011 can be found here: http://ottawa.ca/calendar/ottawa/citycouncil/occ/2011/08-25/pec/1%20-%20ACS2011-ICS-PGM-0085%20-%20Zoning%20St%20Andrew%20Street.htm

Lowertown Condo: Community raised concerns over damage mitigation with City and Council in 2011

In 2011, the community brought concerns to the attention of the City of Ottawa and Council regarding the mitigation of construction damage to homes adjacent to a prospective condo construction development site.  This condo development was subsequently approved and construction began.

In 2014, multiple homes located next to a condo construction site in Lowertown began experiencing damage including sinking floors, gaps and cracks in the walls and in one case, a collapsed ceiling. Numerous construction processes took place directly adjacent to the properties including sheet piling, dewatering as well as drilling.

Below is an excerpt from the 2011  minutes outlining the damage concerns of the community and the response. Was this response appropriate? And was this issue later addressed in the Site Plan Control stage or the Building Permit stage?

Comment:

SITE DESIGN/SITE FUNCTIONING ISSUES

[…]

  • There is no indication of how the developer would mitigate the effects of construction on the neighbourhood. We assume that in order to construct there will be significant blasting, trucks and other equipment coming through, staying on site etc. Given the size of the development and the absence of an open space to put equipment, where will that equipment be kept? How will it be moved? What is the compensation regime for any damage caused by the construction (do we have to go through the normal civil courts with the resulting time and money, or is there some expedited process?)

Staff Response:

[…]

Construction methods are not considered through the Zoning By-law amendment process, the issues identified pertaining to construction would be addressed at the Site Plan Control stage and Building Permit process stage. If development were to proceed, the applicant would have to store the construction vehicles on-site or off-site in accordance with the City’s regulations. The Site Plan Control application is currently on hold until a decision regarding the Zoning By-law Amendment has been made by City Council. If the Zoning By-law Amendment application is approved, the Site Plan Control process would continue and at that time the issues of de-watering, blasting and construction issues would be addressed.

The full version of the minutes from 2011 can be found here: http://ottawa.ca/calendar/ottawa/citycouncil/occ/2011/08-25/pec/1%20-%20ACS2011-ICS-PGM-0085%20-%20Zoning%20St%20Andrew%20Street.htm