HomeMy WebLinkAboutKIN 88 012 Agree-Min/House Dis
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW NO. 1988-12
A BY-LAW
QUEEN IN
REPRESENTED
THE ONTARIO
TO EXECUTE AN AGREEMENT WITH HER MAJESTY THE
RIGHT OF THE PROVINCE OF ONTARIO AS
BY THE MINISTER OF HOUSING IN RESPECT TO
HOME RENEWAL PROGRAM FOR DISABLED PERSONS
WHEREAS The corporation
expedient to execute an
right of the Province of
of Housing concerning
Disabled Persons;
of the Town of Kincardine deems it
agreement with Her Majesty the Queen in
Ontario as represented by the Minister
the Ontario Home Renewal Program for
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. The mayor and clerk are hereby authorized to execute, on
behalf of The Corporation of the Town of Kincardine, the
agreement with Her Majesty the Queen in right of the
Province of Ontario as represented by the Minister of
Housing concerning the Ontario Home Renewal Program for
Disabled Persons;
2. This by-law shall come into full force and effect upon the
date of its final passage.
READ a FIRST and SECOND time this 18th day of February, 1988.
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Mayor
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READ a THIRD time and FINALLY PASSED this 3rd
1988.
day of _:_&J:~h
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AGREEMENT made this
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BETWEEN:
HER MAJESTY THE QUEEN IN RIGHT OF THE
PROVINCE OF ONTARIO as represented by the
Minister of Housing
(hereinafter called the "Minister")
OF THE FIRST PART
and
THE CORPORATION OF THE TOWN OF
KINCARDINE
(hereinafter called the "Agent")
OF THE SECOND PART
WHEREAS
(1) The Minister desires to make loans to assist disabled
homeowners or homeowners with disabled dependents or
family members in undertaking the neces$ary
modifications to their homes under the Ontario Home
Renewal Program for Disabled Persons.
(2) The Minister and the Agent have agreed that the Agent
will act as a delivery Agent for the Minister in the
delivery of the Program in the manner and to the extent
set out in this agreement, the parties agree as follows:
1. Description of Program
The Ontario Home Renewal Program for Disabled Persons
(referred to in this Agreement as the Program) is
designed to assist disabled homeowners or homeowners
with disabled dependents or family members living
permanently with them in undertaking the necessary
modifications to their homes to enable the disabled
occupant to gain access and live within that dwelling
and community, safely and independently. Modifications
include any change to a dwelling unit including an
addition (provided such addition does not result in the
creation of a self-contained unit) designed to make the
built environment more accessible for a disabled person.
2. Responsibilities of the Agent
For the consideration set out in this Agreement the
Agent shall participate in the Program and shall on
behalf of and as agent for the Minister perform the
Services more particularly described in this Agreement
and as set out in Schedule A, in accordance with
guidelines of the Program.
The Service
3.
The Service shall be as described in this part.
3.1 The processing of each loan application and
inspection of each property for the purpose of the
Program including:
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(a) causing such administrators and inspectors as
the Agent deems necessary to attend
orientation seminars of the Minister for the
purpose of explaining-the Program and handling
inquiries from and the distribution of
information to the public about the Program;
(b) receiving and completing preliminary
applications, verifying ownership from
assessment rolls or other means assessing the
sui tability of each applicant and explaining
the Program and arranging for an inspection of
the property to be modified to make the built
environment more accessible and usable for a
disabled person.
(c)
performing
inspection
standard;
a detailed inter ior and exter ior
if the building is not up to
(i) to identify the repairs required to bring
the project up to the standards of the
Maintenance and Occupancy by-law or the
convent ional Ontar io Home Renewal
Program's Guide for Residential Standards
as set out in Schedule B;
(d) preparing a proposal containing the owner I s
work schedule and discussing completion with·
the applicant;
(e) explaining;
(i) the role of the technical experts in the
field to assist applicants in determining
appropriate modifications for the
disabled. This is to ensure that the
disabled individual's needs, and the
required housing modifications to meet
these needs, which may change during the
course of their lives, are understood and
provided for;
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(ii) to the applicant that the cost of this
professional consultation/design will be
included as part of the loan amount for
successful applications up to the maximum
loan allowable; where the application is
not successful, the Ministry of Housing
will incur the cost of these professional
fees. These will be based on fees
charged at the low-moderate end of the
appropriate professional fee schedule.
Professional fees incurred by the
homeowner, above and beyond these amounts
shall not be paid out by the Ministry of
Housing.
(iii) to the applicant that information will be
required on any other funding received
from the Federal Government or other
provincial programs towards the
modifications of the dwelling unit under
application. This is to avoid
duplication of funding for the same work.
(f) ensure that the part of the work proposed to
accomplish the modifications which are
eligible for Provincial funding under this
program does not result in the creation of a
self-contained unit, and does not include
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pieces of equipment which are personal
assistive devices, or portable equipment, but
does include all mobility aids which are
permanent fixtures attached to the house. All
modifications must be housing-specific and
must be related to the disabled occupant's
disabili ty.
(g) advising local contractors how the Program
works;
(h)
reviewing contractor's estimates
completing application documents;
completing the final application
conditionally approving or rejecting
application before forwarding it to
Ministry of Housing;
and
(i)
and
such
the
(j) ensuring that the applicant has arranged
financing for the applicant's share of the
work over and above the financing under this
Program, if applicant requires it;
3.2 The administration of each loan for the purpose of
the Program includes the following:
(a) conducting inspections before, during the
progress of construction and after to ensure
that the work is in accordance with the
Program requirments.
(b) recommending to the Minister the advances to
be made from time to time on the loan;
(c) preparing any revisions to the work write-ups
during construction, if permitted by the
Program:
(d) upon a final inspection, recommending a final
advance of the loan.
3.3(l) The Agent shall not publish any literature or other
information or material in respect of the Program
without first obtaining consent of the Minister.
3.3(2) The Agent shall ensure that any literature or other
information as in subsection (1) above published by
the Agent must contain reference to the assistance
provided by the Minister with respect to the
Program and where there is a significant demand
such literature or other information shall appear
in a unilingual format in both French and English
where available.
3.3(3) The Minister may at any time and from time to time
upon giving written notice to the Agent, amend or
change the schedules to this Agreement or any of
them.
3.4 The Agent shall co-operate with the Minister in
evaluating the Program and shall on request of the
Minister participate in reviews of the Program.
4.
Fees
4.1 The Minister shall pay to the Agent for the
Services the fees and disbursements in the amounts
and in the manner set out in Schedule "A".
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5. Termination
5.l Either the Minister or the Agent may terminate this
Agreement with or without giving any reasons
therefore by giving 90 days notice in writing of
such termination and in such case the Minister may
apportion any fees payable to the Agent and pay
them within two months, and the Agent shall provide
the Minister with all records dealing with the
Program and wi th all other information in the
Agent's possession that the Minister may require.
5.2 In the event of termination except for fraud or
gross negligence, neither party will have any right
of action or otherwise against the other, except as
set out in Section 5.l.
6. Indemnification
The Minister shall indemnify the Agent from all claims
for damages arising from the Agreement for which the
Agent is legally liable in respect of the Program,
except those arising from fraud or gross negligence of
the Agent, its officers, servants, or employees.
7. Form of Loan
Forms respecting the loan shall be prescribed by the
Minister from time to time and shall be effective from
the time $uch form is delivered to the Agent.
IN WITNESS WHEREOF the parties have signed this document
under seal.
THE CORPORATION OF THE TOWN OF
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the Minister of
HER MAJESTY THE
THE PROVINCE
represented by
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SCHEDULE A
The following schedule will be used to determine appropriate
administration fees for participating municipalities under
the Ontario Home Renewal Program for Disabled Persons:
Partial Payments
where specific steps have been completed by the municipality
but the applicant does not proceed through the program for
whatever reason, then the following fees will apply for each
respective administrative step:
General Administration
(includes: completion of application,
preliminary title search and all office
work related to the applicant)
$295.00
Initial Inspection and work write-up
$175.00
Progress and Final Inspections
(during modifications)
$230.00
Full Payments
For applications that have successfully
been processed and where final advances
have been issued.
All Delivery functions
$700.00
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SCHEDULE B
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OHRP GUIDE FOR RESIDENTIAL STANDARDS
HEATING
l)
There should be available to every dwelling a suitable
heating facility that is properly maintained in such a
manner as to be capable of providing throughout the year
an inside temperature of not less than 17 C in all
habitable rooms, bathrooms and toilet rooms.
2) All heating facilities should be properly installed and
maintained in safe and good working conditions, and
should be capable of safely and adequate supplying the
required heat.
3) Doors and windows should be of such a construction as to
prevent drafts and minimize heat losses through
infiltration of outside cold air in the cold weather
season.
4) No appliance for heating by gas should be installed in a
room intended to be used for sleeping purposes.
5) Every heating appliance using solid, liquid or gas fuel
should be connected to a suitable chimney or flue to
withdraw safely all products of combustion in accordance
with the applicable regulations.
6) All fuel-burning appliances should be installed in
accordance with "The Energy Act".
7) Thermal insulation of buildings to minimize heat losses
should be done in accordance with the provisions of the
Ontario Building Code, by installers certified by the
Canadian General Standards Board (CGSB).
PLUMBING
1) Every dwelling should be provided wi th an adequate
supply of potable water approved by the Medical Officer
of Health.
2) All plumbing, including every drain pipe, water pipe,
water closet and other plumbing fixtures in a dwelling
and every connecting line to the sewerage system should
be maintained in good working order and free from leaks
and defects, and all water pipes and appurtenances
thereto should be protected from freezing.
3) Every dwelling unit to which water is available under
pressure through piping should contain plumbing fixtures
consisting of at least:
a) a toilet,
b) a washbasin,
C) a bathtub or shower, and
d) a kitchen sink.
ELECTRICAL SERVICES
l) Where electrical power is available, every dwelling
should be provided with an adequate supply of electric
power, and with electrical facilities having ample
capacity to meet all anticipated electrical uses without
being overloaded.
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2) Electrical wlrlng and equipment should be installed in
conformity with the regulations of the Hydro Electric
Power Commission of Ontario, and should be maintained so
as not to be a potential source of fire or electric
shock. Suitably rated overcurrent devices should be used
to protect electrical wiring and equipment.
3) An electrical light fixture should be installed in every
bathroom, toilet room, kitchen and kitchenette, laundry
room, furnace room, hall and in a stairway which is not
otherwise lighted.
4) Electrical outlets should be located as far away as
practical from a bathtub or shower.
5) Switches for turning on one light in each room or
passageway should be conveniently located so as to permit
the area ahead to be lighted.
HEALTH AND SAFETY STANDARDS
1) Properties should be kept clean and free from rubbish or
other debris and from objects or conditions which might
create a health, fire or accident hazard.
2) Sewage of any kind should not be discharged onto the
surface of the ground. Sewage or organic waste should
be discharged into a sewerage system where such a system
exists. Where a sewerage system does not exist, sewage
or organic waste should be disposed of in a m~nner
acceptable to the Ministry of the Environment or the
local Health unit having jurisdiction.
3) A dwelling should be kept free of rodents, vermin and
insects at all times and methods used for exterminating
rodents or insects or both shall be in accordance with
the provisions of the Pesticides Act, R.S.O. 1973,
Chapter 25, and all regulations passed pursuant thereto.
4) Every floor, wall, ceiling and fixture in a dwelling
should be maintained in a clean and sanitary condition,
and the dwelling shall be kept free from rubbish, debris
or conditions which constitute a fire, accident or health
hazard.,
5) Every dwelling unit should have no fewer than two non-
obstructed and approved means of egress located as far
apart as possible from one another and leading to safe and
open space at ground level. The egress from each
dwelling unit should be provided without passing through
any other dwelling unit or a furnace room.
6) An approved fire alarm system shold be provided in every
building of 3 stories or more in building height, or
where sleeping accomodation is provided for lO or more
persons.
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This system need not be provided in buildings of 2 stories
or less where each dwelling or dwelling unit has direct
access to outdoors at ground level, or in buildings
having one or two dwelling units.
7) Fuel oil and any other combustible or flammable material
should be stored and located so as not to be a hazard to
the premises or surrounding property.
8) All gargage, refuse and ashes shold be disposed of in a
manner acceptable to the Medical Officer of Health.