Short Term Accommodation
Licence Application Guide
This guide has been developed for convenience purposes only.
Table of Contents
Short Term Accommodation Licensing ... 3
Phase One: July 2, 2014 ... 4
Phase Two: December 1, 2014 ... 4
The STA Licence Approval Process ... 5
Short Term Accommodation (STA) Licence Application Checklist ... 6
The STA Licence Application Form ... 7
Supporting Documentation (Samples) Floor Plans... 8
Site Plan ... 9
Transfer/Deed proving evidence of ownership ...10
Certificate of insurance ...11
Electrical Safety Authority (ESA) Certificate ...11
Property Management Plan Criteria ...12
Parking Management Plan Criteria ...13
Renters Code of Conduct ...14
Declaring Legal Non-Conforming Use ...16
Sample Affidavit applicable to Legal Non-Conforming Use ...16
Ontario Fire Code Requirements ...19
Existing Properties with Private On-Site Sewage Systems ...20
Existing Deck Structures ...21
Appealing Decision of the Manager or Decision of the Committee ...22
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
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 premises within Zones 1-6 as set out in Schedule ‘A-1’ (see below) of By-law 2013-50, as amended: you are required to submit a complete STA Licence, no later than July 2, 2014.
Phase 2: December 1, 2014
If you own or operate an existing STA premises within all other areas in The Blue Mountains, other than the Phase 1 lands: you are required to submit a complete STA Licence, 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:
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 Statutory Declaration and Legal Opinion (if applicable)
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 pursuant to section 11.1, upon the issuance of a penalty notice shall be liable to pay the Town and administrative penalty in the amount $250.00.
Any person who contravenes any provision of By-law 2013-50 is guilty of an offence and upon conviction, is subject to a fine as provided in the Municipal Act, 2001 or the
Phase One: July 2, 2014
Map of STA Properties Required to Submit a Complete STA Licence Application
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.
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 BL801
2. FLOOR PLANS (2 Copies) (See sample in guide)
Floor plans of the STA Premise drawn to scale depicting the:
Proposed use of each room (Bedroom, Recreation Room, Living Room, Kitchen, etc.) Proposed occupancy of sleeping areas
Location of all smoke alarms and early warning devices Location of all fire extinguishers
Location of all exits Locations of all windows Dimensions of all rooms
3. SITE PLANS (2 Copies) (See sample in guide)
A Site Plan of the STA Premise drawn to scale depicting the related site amenities including: Parking
Landscaping Snow storage area
Other buildings and structures on the property Garbage storage location
Existing private on-site sewage system (if applicable)
4. SUPPORTING DOCUMENTATION: All Mandatory (2 Copies) (See samples in guide) A copy of the Transfer/Deed proving evidence of ownership
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) Licensee Undertaking to Operate & Maintain a STA Premise
Renters code
If applicable, a Sworn Affidavit with attached supporting evidence for the determination as to whether the property satisfies the requirements of Section 34(9) (b) of the Planning Act (“legal non-conforming”).
5. REQUIRED FEES & CHARGES: (As of June 30, 2014) STA Licensing Fees:
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)
Additional Fees that may be applicable: 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 only)
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.
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 next to the STA Licence within the STA Premises. Please submit in an electronic format.
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 and windows 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 (By-law 2014-46).
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 Snow storage area
Other buildings and structures on the property Garbage storage location
Supporting Documentation (Samples)
Insurance Certificate
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
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
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?
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 and distances from the property line.
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 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 REQUIRED PARKING BASED ON PER GUEST ROOM(S) USED FOR SLEEPING Single Unit 0.5 parking space per occupant or 1.0 parking space per guest room used for
sleeping, whichever is greater.
Multi Unit 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
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:
a)
The maximum number of occupants within a dwelling that is being operated as a short term 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 premises must not be such that it may conflict with the residential neighbourhood or amenity.
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;
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,
c)
Any gathering, celebration or entertainment at a short term rental accommodation premise must not conflict with residential amenity 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 premises 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.
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 non-conforming 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 (see sample below)
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
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.
The following is the Fire Service Inspection Checklist for a STA Premises:
Fire Department Inspection Checklist
Maintenance Documentation Ongoing 2 Years: Upon Request
Interconnected Smoke Alarms All Levels Each Bedroom Service Room(s)
Carbon Monoxide Detectors All levels if Building has Attached Garage and/or Solid Fuel Burning Appliances
3A10BC Extinguisher At All Exits
Exit Signage All Corridors
Corridor Lighting All Corridors
Fireplace/Chimney Annual Inspection All Fuel Burning Appliances
Maintenance of Exits All Exits
Approved Fire Safety Plan REQUIRED FOR EACH UNITThe Fire Safety Plan shall be submitted to the Fire Services Department for review and approval.
Please contact the Chief Fire Prevention Officer for further information:
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 obtain from 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 UPGRADING IS REQUIRED FOR THE DESIRED STA PREMISES OCCUPANT LOAD PRIOR TO A STA LICENE BEING ISSUED
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 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 BEFORE A STA LICENE IS ISSUED.
Appealing Decisions of the Manager or Decisions of the Committee
a) A person whose application for a new licence or a renewal of a licence has been refused may apply to the 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 appeals the Committee’s decision within 15 days of the Committee’s decision. e) An application to the 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 Committee or Council.
