The Hintonburg Community Association has developed a code of conduct for developers and builders operating in our community, especially for infill. It clearly lays out what we expect from all developers and builders working on projects in our community.
We believe that developers and builders who are respectful of the existing community, follow these guidelines, and keep avenues of communication open will be able to maintain good relations with neighbours throughout construction and will be able to complete their projects with minimal interruptions. However, for the minority of builders who cause problems, are not respectful, and do not comply with the applicable laws and regulations, the HCA has a demonstrated history of effective action, including opposing and appealing minor variances and rezonings, obtaining stop-work orders, reporting violations to the City’s bylaw enforcement and Provincial Ministries, working with our Councillor, and making public the actions of bad developers and builders. The following is what we and our residents expect of builders and developers working in our community.
Before starting work:
- Review, understand, and determine how you will comply with applicable Laws, By-laws and Procedures, including those governing tree protection (Provincial Forestry Act, Boundary Trees, Section 10 (1), (2) and (3); Municipal Urban Tree Conservation By-law 2009-200 and Infill Tree Conservation Program)
- Contact the Hintonburg Community Association Zoning Committee
- Talk to your neighbours
- Show neighbours a copy of the Designated Substance Report (the report is a Ministry of Labour prerequisite for demolition).
- If any Designated Substances (listed hazardous or toxic materials) are present, notify neighbours and take the required mitigation measures.
- Notify neighbours in advance of any demolition and demolish responsibly. Do not allow any dust and debris to spread onto neighbouring homes or yards.
- The permitted hours of demolition and construction in established residential neighbourhoods are: weekdays 7am to 8pm and weekends and holidays 9am to 7pm. Do not do any work outside of these hours.
- Builders are responsible for running a clean, orderly, and safe work site.
- Builders are responsible for the activities of their sub trades and crews. Contracted personnel must not damage or trespass on adjacent properties.
- Remind crews that they are working in and passing through an established community.
- They must drive slowly and watch out for children.
- They must not drive on or park their vehicles on sidewalks, bike lanes, crosswalks, boulevards, medians or lawns.
- They must never block or park in neighbours’ driveways.
- They must not park in no parking zones or exceed the time limit for parking.
- The site must be fenced in accordance with City of Ottawa Building by-law No. 2014-220.
- Adhere to the Infill Tree Conservation Program Requirements for tree protection.
- Outhouses (Portable toilets) must be placed as far from neighbours as possible and near the sidewalk.
- Generators, engines & motors that emit fumes must be located as far from neighbours as possible.
- Obtain Right of Access permits for cranes. Cranes cannot pass over other properties without permission.
- Dumpsters must be emptied regularly and secured (locked).
- Lights on site should not illuminate adjacent properties.
- Fencing should be installed so it does not lean off site, obstruct sidewalks or encroach onto adjacent driveways.
- Do not damage abutting properties (including neighbouring trees). Keep excavation limits entirely inside your property line:
- Comply with Building Code Section 18.104.22.168 that prohibits excavators from damaging abutting properties.
- Abide by Occupational Health and Safety Regulation 229. (1): If an excavation may affect the stability of an adjacent building or structure, the constructor shall take precautions to prevent damage to the adjacent building or structure. O. Reg. 213/91, s. 229 (1). Offer video of inside of neighbours’ buildings by a third-party company.
- Shoring is required: Occupational Health and Safety Regulation 234. (1) The walls of an excavation shall be supported by a support system that complies with sections 235, 236, 237, 238, 239 and 241. O. Reg. 213/91, s. 234 (1).
- Builders must keep all deliveries and equipment on their own property:
- Using any part of the neighbour’s property without their express written permission is Trespassing (Police matter).
- This includes using the neighbours’ outside electrical outlets and water taps. The HCA recommends that adjacent property owners shut off outside electrical outlets and water taps. Taking water or electricity without permission is a Police Matter.
- Do not store materials on sidewalks.
- In older neighbourhoods, existing driveways and garages often partially or fully cover the 1.2 metre side yard setback on their properties. These garages are legal, non-conforming structures; they are permitted to remain and must not be damaged.
- Do not damage garages, driveways, fencing, or other property (including trees) on abutting properties.
- Builders are responsible for all repairs if workers or sub-trades damage abutting properties. If damage occurs, the HCA recommends that the owner of the property only allow repairs by crews who have a good rating with the Better Business Bureau.
- Builders are required to build so all of their stormwater runoff stays on their own property.
- Ongoing communication with affected neighbours benefits both the builders and the community, and must continue throughout the process of demolition, excavation and construction. Contact information should be provided to neighbours.
- Builders should supply a copy of the required drainage and grading plan.
- Anyone in the province of Ontario who plans to build and/or sell a new home must be registered with Tarion and enroll the home(s) in accordance with the requirements of the Ontario New Home Warranties Plan Act.
- Builders should provide their Registration Numbers and proof that the homes they are building are enrolled as required.
For more information, contact:
Hintonburg Community Association, Inc.
Adapted from the code of conduct developed by the Champlain Park Community Association.