Who should pay when a new home causes problems for its neighbour?

[attach]5428[/attach]Across Toronto, bungalow owners with gas fuel systems could face up to $10,000 in costs if a tall new home or addition to an existing home is built less than 2.5 metres from the bungalow’s existing chimney. The bungalow’s venting system via the chimney is then deemed to be hazardous.

The building code says: “Natural (gravity) and motor induced draft type gas burning appliance chimney installed closer than (2.4 metres) from the vertical wall, must extend a minimum of (61 centimetres) above the roof placed over that wall.”

The city’s minimum required side yard setback is 1.2 metres so the 2.4 metre requirement would never be met.

The city’s maximum building height is 8.8 metres and variances are now being granted in Ward 16 for up to 9.3 metres. In a common bungalow situation, this would call for extending the chimney height from the roofline to some 6.4 metres, which is not feasible. The alternative is that the furnace/boiler must be replaced with a new unit that can be direct vented through the outside wall; gas fireplace units also need to be replaced (if feasible) with direct vented models. The cost for doing this can range from $6,000–10,000.

There are many more small-home owners that may not even be aware that they are facing potential problems and major costs due to this issue. They won’t likely be aware of the problem until the situation is noticed by a gas provider or servicer. The service provider will then be obligated, by virtue of their license requirements, to issue a notice to the homeowner giving them 45 days to correct the situation or have their gas supply cut off.

ARECA believes that it is not fair that the pre-existing homeowner has to bear the costs for the new development. ARECA is supporting CORRA (Confederation of Resident and Ratepayers Association) as it makes recommendations for amendments to the Ontario Building Code to rectify this situation.

ARECA is excited to be working with members of other Yonge & Eglinton community associations and vertical communities on promoting the MidTown Plan initiative. ARECA believes that there needs to be a unified voice at the table when planning the Yonge/Eglinton intersection, Yonge Street and the Eglinton Avenue light rail plan. Currently, planning responsibility for these areas is split between three local councillors, two community councils and two city planning districts. Development in our area is intensifying and neighbourhoods must be vigilant. If there is a development issue in the ARECA area you think we should know about, please make contact by email to [email]information@areca.info[/email].

ARECA is a volunteer community association representing the views of residents in matters that affect our community in North Toronto. ARECA represents the area bounded by Eglinton Avenue West, Yonge Street, Roselawn Avenue, Avenue Road, St Clements Avenue and Chaplin Road. If you live in the ARECA area please join your community association. To join send a cheque for $20 ($10 seniors) for your 2012 membership, along with your name, address and phone number and email address to Avenue Road Eglinton Community Association, c/o Membership Secretary 23 Elwood Boulevard, Toronto M4R 1B8. Note if you wish to receive fax or email updates from ARECA please include these with your membership details or email us at [email]information@areca.info[/email].