Condo November 2015

Canada’s Most Widely Read Condominium Magazine

November 2014 • Vol. 29 #8

The writing on the (window)

WALL Inside industry warnings and what boards can do

+ Dryer fires PM#40063056

Environmental matters Water damage

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P A R T

O F

T H E

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Contents FOCUS: DISASTER MANAGEMENT

8

12

16

22

Life safety equipment and location inspections

By Paul Amendola Do more than the mandated minimum

By John Stephenson The trouble with glass towers

By Dale Kerr Water damage demands speedy response

By Sharyl Hudson

DEPARTMENTS

26

Insurance The role of preparedness in post-disaster claims

30

Legal Environmental matters

34

A director’s guide to declaring conflicts of interest Management

40

Building security by design

42

Parking enforcement options

46

Maintenance Fight fire risks with routine dryer and duct-cleaning

48

Test snow-melt technology

50

Peeling back misconceptions about carpet problems

54

Smart Ideas

EDITOR'S LETTER

Publisher Steve McLinden Editor Michelle Ervin

Built to last?

Advertising Sales Sean Foley, Paul Murphy, Mitchell Saltzman, Melissa Valentini Senior Designer Annette Carlucci Designer Jennifer Carter

As the advancement

of

technology accelerates, so too does the shortening life cycles of our devices. It follows that if we’re going to upgrade our smartphones every time a new model comes out, then the devices need not be built to last. Nor are they.

This culture cuts far deeper than technology, influencing everything from fashion trends to home flipping. The trouble as it relates to real estate is that when one homeowner trades up, a new homeowner moves in.

And in the world of condos, the advancement of technology has spurred the increasing glass area of downtown Toronto’s shiny towers. But not all of the technology — namely gaskets and sealants — has caught up.

As engineer Dale Kerr details in this month’s cover story, “The trouble with glass towers,” this has led to warnings about window/wall systems, occasionally characterized as “throw-away buildings.” Although the situation is far from ideal, Kerr reassures condominium boards and owners in these buildings that there are ways to prepare for their building’s eventual window replacement.

For this, CondoBusiness’ annual disastermanagement issue, you will also find articles on reducing the risk of dryer fires and meeting special Ministry of Environment and Climate Change obligations (think condos built on former industrial lands).

But back to the smartphone analogy.

Rebated phones aren’t less expensive over the length of a phone contract. (Take the rebated phone and pay $5 extra per month for the length of the contract, or pay the full cost of the phone upfront and pay $5 less per month for the length of the contract).

Condos similarly become a question of pay now or pay later, whether advertised as such or not. Glass towers are built cheaper upfront, but may carry significant replacement costs in the future. At least, with this awareness, affected boards can begin to dilgently plan for this expense.

Michelle Ervin Editor, CondoBusiness michellee@mediaedge.ca

Contributing Writers

Paul Amendola, Matt Clermont, Tamara Farber, Sonja Hodis, Sharyl Hudson, Dale Kerr, Mark Marmer, Ryan Michel, Craig Peters, Lee Senter, Christian Simpson, John Stephenson, Ronald Wells

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DISASTER MANAGEMENT

Life-safety equipment and location inspections Ensuring that life- BY PAUL AMENDOLA sa fet y equipment and locations are reg u larly i ns p e c te d c a n he lp re duc e r isk s

associated with disasters, and in fact is the responsibility of the building owner and/

or property manager. It is critical that staff conducting inspections know all the equipment locations and proper inspection procedures. A slip-up from gross negligence can not only be costly, but also has the potential to damage a building owner’s and/or management company’s reputation and leave them defending their

actions to governing bodies.

The law Provincial legislation and particular insurance policies dictate the frequency of life-safety equipment and location inspections. The Ontario Fire Code (6.2.7.2) mandates that equipment such as fire extinguishers must be inspected every 30 days (monthly). Ontario’s Occupational Health and Safety Act states that inspections of electrical rooms, first aid kits, eye wash stations and so forth must be conducted at intervals that will prevent the development of unsafe working conditions.

Legislation also identifies the types of deficiencies and conditions to look for during these inspections. If a deficiency is found during an inspection, it’s important to quickly resolve it. For example, for fire equipment, the National Fire Protection Association’s (NFPA) 10 7.2.3 states that when an inspection of any extinguisher reveals a deficiency, immediate corrective action shall

8 CONDOBUSINESS | www.condobusiness.ca

DISASTER MANAGEMENT

be taken. ( The consequences of not taking immediate action and an accident occurring is a fine not more than $ 5 0,0 0 0 or imprisonment for a term of not more than one year, or b oth, p er O nt ar io’s Fire P rote c tio n an d P reve nti o n A c t .) N ot c he c k in g or knowing that a particular piece of equipment or location requires attention will not absolve the responsible party of negligence.

The tools The use of a pen and paper to record inspections is still common. Staff members or third-party contractors are assigned particular locations to inspect along with a corresponding checklist of items. As equipment and/or locations are inspec ted , any deficiencies are re c o rd e d in a n ote s e c t i o n . T h e s e inspection sheets are then submitted to management for review. Management verifies the sheet and contacts the appropriate personnel regarding any deficiencies.

S of t ware so lutions are now also available to facilitate inspections. Staff members or third - p ar t y c ontrac tors a re simil a r l y a s si g ne d l o c ati o ns to inspect. The individual then goes to each location, which will have already been logged into the software database with its specifications (i.e. the size of a fire ex tinguisher). T he equipment or location has an existing Near Field Communication (NFC) tag af fixed to it, and staf f members use scanners to complete their inspections. Upon scanning an NFC tag, the staff member is prompted to select from options that indicate whether the equipment is in order, missing or requires service. The software includes help and instructions on w h at to lo ok for to guid e st af f conducting inspections.

T he inspection results are logged into a database. If any deficiencies are identified, they are automatically sent to pre - programmed personnel, such as proper t y management or relevant c ontrac tors. T he sof t ware provides

users with an overview of the building that indicates which equipment and l o c a t i o n s h ave a n d h ave n ot b e e n inspected, and which are deficient.

Disasters happen, but being prepared can help reduce safety risks and protect a building owner and/or management company from both brand damage and legal liability. Being duly diligent and ensuring everything is in order before disasters strike requires proper and regular inspections of life - safet y equipment and locations. Managing this process to keep up-to-date on inspections and to immediately resolve deficiencies is critical to the overall success of preventing unwanted events. 1 Paul Amendola is the chief executive o f fi c e r o f R a p i d Ev a c E m e rg e n c y C o m m u n i c a t i o n s I n c ., a To ro n t o based firm that specializes in software solutions for safety insp ections, occupant accountability during evacuations and mass notifications.

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November 2014 9 14-03-11 3:17 PM

Live

Energy Managers: Leading the Way for Energy Many businesses believe that an effective sustainability strategy is a necessity—and managing electricity consumption is a key component of that strategy. Reducing their energy consumption is considered very important to 68% of surveyed businesses in Ontario.

The benefits of integrating a business’ energy conservation and sustainability goals include increased productivity with lower operating costs, enhanced brand value, proactive risk mitigation against future energy costs, as well as increased employee satisfaction, improved working conditions and competitive differentiation.

Only 17% of the companies surveyed indicate they have a fully implemented energy plan. For many companies, the main barrier to improving the energy efficiency of equipment and operations is that they simply do not have the time or technical expertise to establish the business case. Many businesses that have successfully implemented energy conservation and sustainability strategies have hired in-house Energy Managers to lead the way.

What is an Energy Manager?

Energy Managers help companies take control of energy use through monitoring performance, leading awareness programs and identifying cost-effective options to save energy. By leading inspections, surveys, and analyses of energy flows, Energy Managers support the business case and implementation of energy efficiency projects. Energy Managers also play a key role is building a culture of conservation within an organization to promote energy efficiency at every level.

maximum of $100,000 per year--for a full-time Embedded Energy Manager. Smaller organizations interested in energy management services can benefit from a part-time Roving Energy Manager—a position that is fully funded.

How the Energy Manager program has helped Canadian businesses Currently, there are over 70 Embedded Energy Managers and Roving Energy Managers funded by the saveONenergy program.

They have assisted Ontario businesses in saving more than 18.5 MW of electricity, or roughly $16 million in energy costs per year.

Contact your local electric utility to discuss opportunities for an energy manager in your business.

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68% of businesses in Ontario consider reducing their energy usage to be very important.

contact your local electric utility saveonenergy@powerauthority.on.ca @saveonenergyOnt youtube.com/ontpowerauthority

Benefiting from energy manager initiatives There are financial initiatives available for Ontario businesses to benefit from having an Energy Manager without incurring great expense. The saveONenergy program, funded by the Ontario Power Authority and delivered by local electric utilities, funds up to 80% of the annual salary--up to a

Subject to additional terms and conditions found at saveonenergy.ca. Subject to change without notice.

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When he reduced costs by 13% with a new RTU, he wasn’t just saving money.

He was setting a precedent.

Once you start seeing the benefits of our incentives for upgrading to high efficiency HVAC systems, you’ll want to look into making other areas of your building like lighting, pump systems and building automation more efficient too.

When you do, you’ll be joining thousands of organizations across Ontario who are already enjoying the energy savings that our programs deliver.

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Subject to additional terms and conditions found at saveonenergy.ca. Subject to change without notice.

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DISASTER MANAGEMENT

Do more than the mandated minimum The massive f loods in southern Alberta and the Greater Toronto

BY JOHN STEPHENSON

Area that occurred last year are just a few examples of the rising prevalence of climate change-induced natural disasters. These events

wreaked havoc on unprepared buildings and communities.

12 CONDOBUSINESS | www.condobusiness.ca

DISASTER MANAGEMENT But it doesn’t take these big storms to cause big problems for a residential condo tower. In fact, smaller scale events such as a fire, burst pipe, or power outage can be extremely challenging for a number of reasons. Perhaps most important is the leadership structure in residential towers.

Condos don’t have the same type of central management as office buildings, nor are they guided by the same regulations. This can create a great deal of confusion when it comes to developing and maintaining emergency response processes.

So, how c an these situations be handled in Toronto’s condo buildings? In case of a disaster, there are four basic steps that those responsible for the property need to take to manage such situations as effectively as possible.

1. Establish leadership Every good military and police operation has a strong central command, because it helps control the flow of information and the allocation of resources. Disaster response is no different. Defining jurisdiction will help prevent paralysis following a disaster and improve the chances of effective management of the recovery process.

When a condo building's parking garage is flooded, who manages the disaster? Is it a property manager? The condo board?

Or is there a separate committee that deals with these situations? Before a condo is hit with an unexpected event, establish who is responsible for managing what. Then clearly communicate this to residents to streamline the response process. Also make residents aware of where the building’s responsibility ends and the unit owner’s responsibility begins.

2. Develop and test plans Office buildings are mandated to develop emergency preparedness plans and conduct evacuation drills. But that’s not the case for condo buildings. Condo buildings are required to test and maintain a working emergency alarm — nothing more.

A working bell is hardly adequate preparation in the event of a fire. Often, the elevators will be shut down, and residents — confused and panicked — will stampede down the stairwells. This is an extremely dangerous situation, not to mention the fact that there may be elderly or disabled residents who have trouble or are unable to make it down the

stairwells unassisted. Keep an up-to-date list of residents detailing their requirements in the event of an evacuation.

Developing and testing an emergency preparedness plan is undoubtedly in the best interest of both the property manager and residents. Then, when a disaster hits, condo buildings should immediately put that plan into action.

This includes issuing clear evacuation orders to residents and enabling the flow of people out of the building in a safe, controlled manner.

3. Communicate next steps The first thing to break down during an emergency is communication. Having clear and strong leadership helps, but much more can still be done. One of the biggest frustrations for Calgary condo residents following last year’s massive flood was a lack of understanding of what was happening.

Residents didn’t know how to access their belongings or whether they could get to their car in the parking garage. Thousands were left in the lurch, out of their homes, without a plan for returning.

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DISASTER MANAGEMENT

One of the biggest frustrations for Calgary condo

residents following last year’s massive flood was a lack of understanding of what was happening.

Once an evacuation order is issued, residents should know what will happen next and who they need to contact about next steps. The condo board, the property manager, or whoever is in charge, needs to distribute news via their website, newsletters, social media, or some other vehicle so that residents are aware of the situation in their building. Alternate meeting places should also be pre-determined so residents know where to get in contact with management.

4. Mobilize resources When a disaster hits a condo building, mobilize specialized resources to properly mitigate damage and star t the safe and healthy path to recover y. Depending on the type of disaster, these resources could include professional technicians with water pumps, power generators, dehumidifiers, disinfection equipment, moisture monitors and mould detectors.

Management should have a professional restoration provider on speed dial who will arrive immediately, assess the situation and enact an emergency mitigation plan. T he so oner this pro cess b egins, the sooner residents can move back in.

Failure to bring in specialists could result in individuals t aking incorrec t ac tions, possibly endangering residents as well as lengthening the recovery timeline. Often, these professional service providers will even be able to map out and track the progress of the damage, which can speed up the insurance claim process.

When it comes to disaster management in condo buildings, the mandated minimum is far from good enough. Until government standardizes the requirement of emergency plans for condo buildings, it will be up to building management to make it a priority.

By establishing leadership, developing and testing plans, communicating next steps and mobilizing resources, companies will be far better equipped to respond to disaster and restore their properties. 1

J o h n S t e p h e n s o n i s v i c e p re s i d e n t , Pro p e r t y M a n a g e m e nt S e r vi c e s , at Fi rstO nS ite R e sto rati o n. J o h n l e d th e first Emergency Response Team within the property management industry and conducted the very first high- rise office evacuation drills in Toronto.

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November 2014 15

COVER STORY

THE TROUBLE WITH GLASS TOWERS

COVER STORY

BY DALE KERR

Today’s almost entirely glass buildings were born of a trend toward increasing glass area that began in the 1980s. Now, even spandrel panels are made from glass instead of metal.

November 2014 17

COVER STORY

More and more window area means more and more sealant is required,

which in turn means more opportunities for leakage once the sealants begin to fail.

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One of the factors driving this trend is economics. An insulating glass unit (IGU) with a low-e film and argon gas fill (features that increase the energy efficiency of the IGU) may cost one-third the cost of an equivalent area of brick.

Newer window/walls provide better thermal resistance than older window/ wall systems, along with better resistance to water penetration. So what’s wrong with today’s window systems that many in the building science community are referring to them as “throw - away” cladding systems?

First, some background.

O ver the p ast fi ve d e c a d es , there have been significant changes in the look and technology of windows. In t h e 19 7 0 s , b u il d i n g s t y p i c a ll y h a d “punched” windows — single windows in isolated openings in the wall — with single panes of glass and continuous metal frames. Such windows had an R-value of less than one (see “A word about R-value”, p. 20). These windows were energy - inef ficient and most have since been replaced with better w ind ows, w ith I G Us and ther mall y broken frames.

A transition occurred through the 1980s to the 1990s, with increasing glass areas, and with the window/wall system becoming the most common window system.

Window/wall systems are mounted on the top of the floor slab and span to the underside of the floor slab above. A metal spandrel panel, usually a non-vision panel that has some insulation behind its face, is used to cover the edge of the floor slab so it appears the window system is continuous from the ground to the roof.

In other designs, vision glass spans from floor-to -floor with intermediate-height guard mullions. These systems typically incorporated thermally broken frames and

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COVER STORY

Windows should not be assigned a life expectancy of more than 30 or 35 years unless money is also set aside (and used) for an aggressive maintenance program.

IGUs and are therefore more energy efficient than the windows of the 1970s, with an R-value of about two.

The window/wall systems of the 1990s were primarily face -sealed systems, which means that the sealants and other components used to stop rain from penetrating the joints in the window framing were located on the outside of the system, where they were exposed to the elements, including radiation from the sun.

The effective life expectancy of those sealants is typically about eight to 12 years. As those sealants fail, window/ wall systems may become susceptible to water leakage. The face-sealed window/ wall system was so prone to problems that Pro-Demnity Insurance Company, the insurer for all Ontario architects, now has a special exclusion to coverage for architects specifying such systems.

Today’s window/wall systems are drained.

The sealants that resist water penetration are now inboard from the exterior so they are protected from direct solar radiation to extend their life expectancy to 15 years or more. The space between the exterior and the sealants is flashed, which means a water-resistant material is installed to direct or drain water back to the exterior should any get inside to the location of the sealants. These windows typically incorporate IGUs with argon-filled spaces, low-e glass, warm-edge spacers, and may boast an R-value of four to six.

All windows over the past 50 years have relied upon sealants and gaskets for air and water tightness. Over time, however, all sealants and gaskets dry up and lose their ability to seal, even those in a drained system where they are protected from the elements.

These aspects of window technology — gaskets and sealants — haven’t advanced significantly in recent years.

More and more window area means more and more sealant is required, which

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Ambient_Condo_October_2013_FINAL.pdf COVER STORY

1

13-10-17

12:15 PM

A word about R-value The term R-value has been used for simplicity in this article, even though the more technically correct parameter for measuring the thermal performance of windows is U-factor. R-value is a measure of the resistance a material offers to heat flow; a higher number is better. U-factor is a measure of how well a material conducts heat flow; a lower number is better.

With reference to windows, R-value is often used to quote the performance of the centre-of-glass area.

U -factor is used to quote the overall per formance of a window, including the glass and frame. Due to technological improvements in window glass technology, the centre-of-glass area is typically more energy efficient than the frames, meaning that relying on the centre-ofglass value only, i.e., R-value, will overstate the energy performance of the window.

in turn means more opportunities for leakage once the sealants begin to fail. The perimeter seals on the IGUs will also fail over time. Typically IGU manufacturers offer a five-year warranty; some even offer 10 years. But typically after the initial two-year period, the warranty covers only the IGU, not its installation. The typically used paint finish on the metal framing of the window systems will also fade over time due to UV exposure. So, with failing sealants, failing IGUs, and fading finishes, is it any wonder these are classed as “throw-away buildings�?

What are condo boards responsible for these types of buildings to do?

Unfortunately, there is really nothing that can be done to extend the life of the sealants. Failure of the window/wall system will happen. But a condo board can ensure there is sufficient money in the reserve fund to replace the windows. A cost of $55 to $75 per square foot is not unreasonable for window/wall replacement, with the cost generally increasing as the building height increases. If the access to the windows is awkward, such

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COVER STORY

as if the windows are directly over a public sidewalk, or if the building has multiple terraces and overhangs, the overall cost for replacement will increase further.

As part of the component inventory in the reserve fund study, windows should not be assigned a life expectancy of more than 30 or 35 years unless money is also set aside (and used) for an aggressive maintenance program. Such a maintenance program should allow for IGU replacement starting at eight to 12 years, with the amount increasing over time to reflect the increasing frequency of failures that should be expected. Full replacement of the window sealant should be scheduled at no more than 15 years, with money also carried for isolated repairs. A cost in the neighbourhood of $18 per foot of sealant can be expected on a high-rise. The maintenance program should also include regular cleaning, including cleaning the sill tracks and adjusting rollers to ensure sliding windows continue to operate smoothly; replacement of weather-stripping to ensure ongoing airtightness; and replacement of window hardware, such as cranks or rollers.

Rather than embarking on an aggressive window maintenance program, many condominiums have opted to replace their entire window system as sealant failures and IGU failures increased in frequency. This approach has made sense in the past due to the advances made in window technology; there is no reason not to expect this trend in technological advances to continue.

But even while the energy-efficiency of window systems has improved over the years, the trend to more and more window area has meant that the energy usage of comparably sized buildings has actually increased, rather than decreased. With the expectation that energy prices will continue to rise faster than the overall rate of inflation, energy costs should be a major concern for those managing and living in condominium buildings with window/wall cladding systems.

Unless far more cost-effective, high U-value window systems become available in the near future, these types of buildings may fall out of favour with the buying public in favour of new, 1970s-style brick buildings with punched windows. 1 Dale D. Kerr, M.Eng., P.Eng., BSSO, ACCI, is a principal of GRG Building Consultants. With close to 30 years’ experience looking at window systems, including six years as chair and vice-chair of the CSA A440 Standard on Windows, she is an expert on window technology. Dale can be reached at GRG’s Newmarket office at (800) 838-8183.

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November 2014 21

MANAGEMENT DISASTER MANAGEMENT

Water damage demands speedy response T h e We a t h e r N e t w o r k i s a lready forecasting “periods of

BY SHARYL HUDSON

intense storms” that could leave Canadians thinking

they’re

heading for one of the nastiest winters in a while. Condominium property management would be wise to prepare for these weather-related patterns in advance with an Emergency Response Plan (ERP).

22 CONDOBUSINESS | www.condobusiness.ca

DISASTER MANAGEMENT

One of the advantages of having a plan ready to go has to do with mitigation time.

For example, when a property manager is dealing with water damage — such as a burst pipe — the sooner the emergency response, the less chance there is for water migration. The consequence of unmitigated water loss is mould.

A recent document put out by one of Canada’s international insurance brokerages revealed that there is “a very limited coverage for mould and fungi”. As outlined in a typical homeowner’s insurance policy, coverage details the extent and limits of protection for the property. The extent and limits of protection are directly related to emergency response time.

Few corporations have any type of comprehensive emergency plans or procedures to follow in the event of a major catastrophe. This, despite Ontarians having witnessed floods, fires, power outages, wind storms, snow, ice and record low temperatures in recent years. Property managers who want to take a proactive approach to emergency response can start by asking themselves the following questions:

Does the corporation have an emergency plan that is available to all members, owners, managers and residents? If the building has an elevator, sump pump, fire suppressions system, emergency lighting, back-up generator, water supply, waste m anag ement system, water treatment system, natural gas service, alternate energy system or storm water management system, does management have an operations manual describing the emergency back-up requirements for the systems and their safe operations? If the building has a back-up generator, does management know the period of time the system is designed to run and the fuel limitations on run periods? Does management know what systems in the building will be serviced by the back-up generators? Does management have a list of current owners and residents to identify who occupies its buildings? Is the corporation’s insurance current?

O n c e est a b lishe d , an emerg en c y protocol plan c an be inst alled on a property manager’s mobile device or can be as simple as a postcard -sized

document that is visible throughout the premises. On discovering an e m e rg e n c y, t h e p ro p e r t y m a n a g e r should proceed as follows: 1. Remain calm 2. Notify relevant parties (911) or Contractor or Insurance Company 3. Provide contact information and incident location 4. Document the damage with photos and descriptions 5. The contractor should deploy an emergency team to the site within one hour Whether insured or not, it is important for property owners to document damage with photographs or video and immediately begin loss mitigation procedures themselves or hire a qualified contractor to do so on their behalf. Insurance policies define loss mitigation as “reasonable and prudent measures designed to preserve, protect and secure property from further damage,” including microbial growth and amplification.

Identif y what situations demand emergency repair. They include: blocked or broken toilet; blocked or broken sewage system; burst water pipes and/or service;

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DISASTER MANAGEMENT serious roof leak; dangerous electrical fault; serious flood damage; storm impact or fire damage; gas or electrical failure or failure of the water supply to the premises; failure or breakdown of any essential services; damage that is likely to cause injury; and a serious fault in any door, staircase, elevator or other common area that inhibits the tenant in gaining access to and from the premises.

Don’t put off mitigation while waiting on an insurance claims representative to

arrive on the scene to evaluate the loss.

By then, enough time will likely have passed to allow microorganisms, which may not be covered by insurance, to grow and amplify.

Most household microorganisms (fungi, bacteria) typically require five conditions for germination, growth, amplification and dissemination. Generally, they include: an organic food source, especially cellulose (e.g. paper, wood), which is abundant in construction materials; moisture, even high

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humidity; moderate temperature (neither too hot nor too cold; typically 20 to 45 degrees Celsius); stagnation; and time (several hours to several days). Anything homeowners or property managers can do to control or minimize these conditions will help to prevent microbial growth and thereby mitigate loss.

Keeping a steady flow of information between the client, property management team, contractor and insurer is paramount when multiple levels of customer service are at work.

Restoration contractors who provide insurance firms with more than the basic information, including daily or weekly reporting, can help cut down on insurance cycle time.

Being able to meet the basic emergency needs of the community will provide a better level of security and safety for its residents.

Advanced planning for emergency response with clear, concise procedures (and emergency response protocol) that inform property managers and residents of their duties and obligations will play a significant role in how a condominium community survives a disaster.

Getting residents back into their units as quickly and smoothly as possible is the property manager’s goal.

In the world of condominium living, proper t y managers and residents can experience a devastating interruption to normal life when it comes to property loss. Some of this loss can be mitigated by maintaining and immediately implementing a solid emergency response plan. Response time is key.

Planned emergency response programs will play a vital role in the protection of human life, the safety of residents, and full recovery of communities. 1 S h a r y l H u d s o n , B A , W RT, O CT, i s th e m a rketi n g a s s i sta nt fo r H u d s o n Restoration Inc., a group of property loss and environmental professionals based in Burlington, Ontario. The company services the insurance industry and the private sector across the GTA.

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The role of preparedness in post-diasters claims Being prepared for an

BY RYAN MICHEL emergency or catastrophic event is something condo owners don’t often discuss, and it’s easy to understand why. Good condominiums pride themselves on creating an environment that is safe, convenient and generally hassle-free. While residents may feel removed

from the issues that other homeowners face in regards to being prepared for an emergency, it’s important for condo managers and boards to create and encourage a culture of emergency preparedness on the properties they oversee. This culture will not only protect the property, but also the people who live there.

26 CONDOBUSINESS | www.condobusiness.ca

INSURANCE

Residents should be made aware of the premiums the corporation is paying and the deductibles that would be paid if there was a claim.

In recent years there’s been an increase in catastrophic damage to homes and properties across the country, much of which can be linked to the rise in severe weather events such as tornadoes, ice storms, hail, flooding, blizzards, and windstorms. W hile many condo residents will not have to deal with the direct impacts of these events in the way that the owner of a detached home might, there are still things that condo managers can communicate to residents in order to help prevent damage to their units and common areas of the property.

This includes: • W hat the cor poration’s insurance policy does and doesn’t cover • How to prepare for an emergency and prevent property damage • How to navigate the post-emergency insurance process smoothly C ondo b o ards and managers c an help fill the information gap in these areas to ensure residents have a clear understanding about their coverage and provide a less confusing atmosphere for both managers and residents should the need arise to make an insurance claim.

Understand coverage C ondo managers should encourage residents to familiarize themselves with their condominium’s declaration. In the event of a claim, one of the first things an insurer will ask for is a copy of the condominium declaration. If the condo was incorporated before May, 20 01, the insurer will also ask if the condo corporation has a standard unit bylaw.

These two documents help insurers determine who is responsible for repairs once damages have been discovered.

I t a l s o h e l p s d ef i n e “u p g r a d e s o r i m p r o v e m e n t s” f o r r e s i d e n t s a n d insurers. Essentially, these documents

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are effective tools that managers can use to let residents know what they are responsible for.

Residents should store these documents in a safe place or online, so they c an be sure to have these documents available when the time comes to make a claim. In addition to reminding residents about impor tant condo corporation documents, managers can also remind residents to review their insurance policies. Doing so gives a resident the opportunity to familiarize themselves with what their p o lic y c over s an d w h at the c o n d o corporation’s policy covers.

If a claim does become necessar y due to an emergency situation, knowing ahead of time will make the situation easier to manage for all parties involved.

Revisiting their own insurance policy also gives residents an opportunity to consider whether or not they need to enhance the coverage of the contents contained in their unit.

Prepare, prevent damage A survey conducted by Leger in 2009 on behalf of Allstate Canada revealed that more than half of all Canadians (54 per cent) feel they will experience an emergency by 2019. However, only nine per cent feel they are very prepared for an emergency situation.

Condo boards and managers should encourage residents to have an emergency preparedness kit on hand and plan ahead in regards to what they would do in an emergency. A standard emergency preparedness kit should contain at least three days’ worth of supplies and include: • Non-perishable food items • A first aid kit • Water • A basic tool kit • A flashlight with batteries • A battery-operated radio • A charged emergency cell phone • Copies of essential family documents (will, birth certificates, health cards,

so cial insurance c ards, insurance policies, passports) Condo boards and managers should also prepare clear evacuation plans that instruct residents where to go and what to do in different emergency situations.

Clear communication about removing items from balconies prior to severe weather events, for example, can help prevent damage to a resident’s unit and other parts of the building.

Being prepared for an emergency not only helps residents prevent damage, but can save time, frustration and money.

More impor tantly, a good and well communicated emergency preparedness p l an c an ke e p resid ent s s afe if a catastrophic event should occur.

Notify insurer Returning to a condo unit after an emergency evacuation can be a frustrating time. Condo corporations and owners should remember that insurance companies are there to help them through their ordeal, and there are some

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things they can do to make the process run a little smoother. A good tip for managers and condo boards to pass on to residents is to take an inventory and photos of their unit and any unique or valuable items they own (and store this inventory in a safe place) before a disaster occurs. Some insurance companies offer tools to help homeowners calculate the value of their belongings.

Once condo owners have returned to their units, they should take photos of damaged areas. A claim can be expedited if an owner has before and after photos of their unit, and this is especially true if any upgrades have been made to the unit.

All insurers should be notified immediately once a loss is discovered. Residents should know which company holds the condominium corporation’s policy and have its contact information on hand for claims.

This is information managers provide residents in advance. Unit owners should be encouraged to keep this information handy in the event they don’t have access to their unit immediately after a loss.

Residents should also be encouraged to consider the level of coverage they have for their individual unit in the event they are not able to return to their unit after an emergency situation. A standard insurance policy will provide additional living expenses for unit owners, which covers the cost of temporar y living accommodations for insureds. Unit o w n e r s s h o u l d b e e n c o u r a g e d to touch base with their insurer to ensure their coverage is adequate for potential extended periods of time.

Residents should be made aware of the premiums the corporation is paying and the deductibles that would be paid if there was a claim. In some cases, residents have found themselves underinsured and paying out of pocket to help cover their building’s deductible after a claim.

Providing this information to residents can help ensure their policy affords them an adequate level of protection.

The key to getting through an emergency situation involves foresight and making sure

residents are aware of what to do before a situation arises. Guiding them in the direction of what questions they should ask and encouraging them to check with their insurance professional are some of the most valuable things a condo manager or board can do to ensure that a condo remains a safe, convenient and hassle-free environment. 1 Ryan Michel has worked in the insurance industry since 1996. He is currently vicepresident and chief risk officer of enterprise risk management with Allstate Canada.

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LEGAL

Environmental matters

More and more condominium cor porations a re seek ing adv ice relating to environmental matters

BY TAMARA FARBER

that may affect them and their unit

owners. These issues may or may not be simple.

Read about the latest in condo law at

A recent example is the development of a condominium building on former contaminated industrial lands. The developer obtained all the necessary permits and approvals from the Ministry of Environment and Climate Change to develop on these contaminated lands. The approvals were given on the undertaking that certain construction details (such as a liner in the underground garage layer) would limit

30 CONDOBUSINESS | www.condobusiness.ca

any potential exposure from subsurface cont amination, and an under t aking to carr y out ongoing monitoring and maintenance obligations.

The problem for the condominium c or p oration was that it had lit tle understanding of what those ongoing obligations were, and how to effectively manage them. The obligations had the force of law, and any failure to comply

LEGAL

with them had the potential to result in significant ramifications for the condominium corporation and the individual board members. In theory, a failure to comply with the ongoing obligations could lead to significant fines (for individuals, fines could be up to a maximum $100,000 per day on which the offence occurred or continued; and up to $250,000 per day for a corporation).

Needless to say, this type of obligation is not common place and would most likely be unknown to both managers and boards of directors. It is also fair to say they would not likely have any idea of these ramifications without obtaining proper legal advice.

Under ideal circumstances, a d eve l o p e r w o u l d p rov i d e a p ro p e r outline of ongoing obligations of the c o r p o r a t i o n a t t u r n o v e r. H o w e v e r, the world does not run in ideal circumstances, and in some cases, the developer itself has limited experience with these matters, or may assume the corporation should be able to manage the issues.

So what is a corporation to do? A few thoughts: In general, retain good legal advisors to assist in navigating through matters beyond the scope of the corporation a n d / o r t h e p r o p e r t y m a n a g e r.

Specifically, at the turnover, if there are complex areas that require a greater understanding than that which is within the scope of the board and/or property manager to manage, recognize that outside assistance (legal or other professional) may be necessary.

A lso, ha v e a r e g u l a r s y s t e m i n place to assess whether obligations are being complied with, and, where it is apparent that the obligations are not being complied with, seek advice from professionals. Keep records of compliance in a designated area so if there is any change in management of the corporation, new personnel have an organized system in place.

Finally, have a response plan in place in the event something goes awry. This should include a point person for the corporation for communication with unit owners, any regulators and for internal management.

The hammer, if there is one, is that the In most cases, the management of the corporation requires the time and Ministry of Environment and Climate commitment to understand the issues, Change has significant powers to order the and the board, property manager and corporation to undertake studies, implement the corporation’s professionals to work mitigation measures, provide testing together to manage those issues. Although results, and a host of other tools to environmental issues can be complicated, ensure compliance. These can all add up they are, in essence, no different than to significant costs which may not have JermarkPIPE_Condo_Apr09.pdf 5/1/09 4:00:12 PM been appropriately budgeted for at first managing other corporation issues.

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instance. Hopefully, they are outlined in the disclosure and status certificates.

Environmental issues are not restricted to being determined prior to or during construction. They can arise after the condominium is constructed. For example, there can be contaminant migration from another site nearby, or an underground storage tank could rupture on the property.

In these situations, the obligations of the board may relate to both managing a current condition and investigating the source.

Managing the situation may involve its own host of challenges — should status cer tific ates reflect the mere potential for environmental impact, or should the corporation wait until the matter is investigated to determine if there is any real financial impact to unit owners? Again, it’s important to involve professionals to obtain advice that is both practical and timely. In a situation where the Ministr y of Environment and Climate Change is involved, the c o r p o r a t i o n s h o u l d a l w a y s c o n su l t counsel before responding to Ministry inquiries or voluntarily handing over documents to the Ministry.

There is no cookie - cutter approach to dealing with environmental issues. Each matter requires a thorough understanding of the issues and qualified people advising the corporation of its risks and responsibilities. 1

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Tamara Farber is a Certified Specialist i n Envi ro nme nta l Law by the Law Society of Upper Canada. She is a partner and co-chair of the Commercial Litigation Group in the Toronto office of Miller Thomson LLP. She deals with many environmental issues including contaminated land, contaminated water, asbestos, mould, species at risk, environmental insurance, etc. She has acted for many condominium corporations on civil claims, regulatory matters with the Ministry of Environment, and remediation related issues. She also regularly advises developers in relation to the purchase and sale of contaminated land.

The preceding article is reprinted with permission from MTCondoLaw’s May 2014 newsletter.

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LEGAL

A director’s guide to declaring conflicts of interest

While acting as a director (or officer) of a condominium, one must

be alert to potential conf licts of interest and know how to address them properly.

BY SONJA HODIS

It is not uncommon, especially

in smaller communities, for directors to own businesses, be employed by businesses, or be related to owners of businesses that engage in contracts and transactions with the condominium corporation.

Conflicts of interest can also arise when the board must deal with an issue concerning directors in their capacity as unit owners while they are sitting board members.

34 CONDOBUSINESS | www.condobusiness.ca

LEGAL

A conflict of interest in itself does not terminate directors’ ability to continue in their roles as directors or owners, or to transact business with the condominium corporation. But it does require directors to ensure that the conflict is made public and they have removed themselves from their decision-making role where conflicts exist. This will ensure that contracts are not set aside and directors have not breached their statutory duties under the current Condominium Act. A conflict of interest is simply a situation where a person has an ability to obtain a personal benefit (whether direct or indirect) from a decision made in his or her official capacity. The reason conflicts of interest become a problem — if not disclosed and the director removed from the decision-making process — is that a director has a duty to act honestly and in good faith and in the best interests

of the corporation and owners. That duty can’t be fulfilled if that same director is acting for personal benefit or is perceived to be acting for personal benefit.

S e c t i o n s 4 0 a n d 41 o f t h e Condominium Act define a conflict of interest for directors and officers of a condominium corporation and outlines their disclosure obligations. If directors or officers find themselves in a conflict of interest, or suspect they may be in a conflict of interest, they should take the following steps.

1. Identify whether a conflict of interest exists A director who has a direct or indirect “material” interest in a contract or transaction in which the condominium corporation is a party, or a proposed contract or transaction in which the condominium corporation may become a party, is in a

conflict of interest. What is “material” will depend on the factual circumstances.

Although “material” is not defined in the Condominium Act, it is commonly understood to mean a personal or financial interest that could affect a reasonable person’s judgment or influence his or her vote. If in doubt, err on the side of caution and declare the conflict.

2. Disclose the conflict Disclose in writing to the condominium corporation the nature and the extent of the interest at issue. Make the disclosure at the board meeting at which the contract or transaction, or the proposed contract or transaction, is first considered. If the director is not present at this meeting, then he or she should disclose the conflict at the next directors’ meeting. If the director develops an interest in a contract or transaction after the corporation has

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Make sure to physically remove oneself from the room when the board undertakes any discussions about the transaction or contract that poses the conflict of interest.

entered into it, he or she should disclose that interest at the next directors’ meeting.

If the contract or transaction is one that, in the ordinary course of the condominium corporation’s business, does not require approval by directors, then it can be disclosed at the first directors’ meeting held after the director in question becomes aware of the conflict of interest.

Note: Special rules apply to the selling or buying of personal or real property of the condominium corporation and disclosure requirements. See section 40(3) of the Condominium Act. 3. Remove oneself Make sure to physically remove oneself from the room when the board undertakes any discussions about the transaction or contract that poses the conflict of interest. The director with the interest is not entitled to be present during these discussions. Nor is the director with the interest entitled to vote on any motions relating to the contract or transaction. He or she does not count towards quorum on the vote unless: a) The director’s interest is limited solely to directors and officers liability insurance; b) The director’s interest is limited solely to remuneration as director, officer or employee of the condominium corporation; or c) The board of directors is the first board of directors and the director has been appointed by the declarant to this board and his or her interest arises, or would arise, solely because he or she is a director, officer or employee of the declarant.

4. Create a record Ensure that the board minutes record directors’ disclosure of conflicts of interest and their removal from all discussions and decision-making in relation to the transaction or contract in question.

Failing to properly follow the above steps could result in the contract or transaction being set aside and/or require the director in conflict to account to the condominium corporation for his or her profit or gain, which may possibly include paying damages to the condominium corporation. In addition, the owners may lose confidence in the director’s leadership and requisition a meeting to have the director removed from the board or even sue the director for breach of his or her fiduciary duties.

However, if directors who are in conflict of interest comply with the above steps and act honestly and in good faith, section 40(7) of the Condominium Act relieves them from having to account to the owners or the condominium corporation for any profit or gain realized from a contract or transaction. Disclosure and good faith also prevent the contract or transaction from being set aside for the reason that a director had an interest in it. Following the above steps may also provide a director with a defence to a lawsuit or owners’ demands for him or her to be removed from the board. A director’s strongest protection is being open and transparent.

If a director has inadvertently failed to comply with the above recommended steps, section 40(8) of the Condominium Ac t of fers one last opp or tunit y to avoid having to account to the owners or the corporation for any profit or gain the director has realized and having the contract or transaction set aside. Section 40(8) allows the owners to confirm and validate the contract or transaction in question.

In order to meet the requirements of section 40(8), a director must show that he or she acted honestly and in good faith; that at least two-thirds of owners at an owners’ meeting called for the

36 CONDOBUSINESS | www.condobusiness.ca

purpose of confirming or approving the contract or transaction voted in favour of doing so; and that the nature and extent of the director’s interest is declared and disclosed in reasonable detail in the notice of meeting.

O b t a i n i n g q u o r u m fo r a n o w n e r s’ meeting and obtaining the requisite level of approval is not guaranteed and can sometimes be challenging.

Although section 40(8) is a saving prov ision, it is rec ommend e d that directors follow the four steps outlined above to ensure that they fulfill their statutory duties and do not suffer the consequences of failing to disclose a conflict and removing themselves from the decision - making process. Condo boards and corporations can ensure that directors properly disclose conflicts of interest by incorporating the four-step procedure into the Director’s Code of Conduct that directors should sign when they begin or renew a term of office. 1

Sonja Hodis is a litigation lawyer based in Barrie that practices condominium law in Ontario. She advises condominium boards and owners on their rights and responsibilities under the Condominium Act, 1998 and other legislation that affects condominiums. She represents her clients at all levels of court, various Tribunals and in mediation/arbitration proceedings. Sonja can be reached at (705) 737-4403, sonja@ hodislaw.com or via her website at www. hodislaw.com.

NOTE: This article is provided as an information service and is not intended to be a legal opinion. Readers are cautioned to not act on the information provided without seeking legal advice with respect to their specific unique circumstances.

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Building security by design Condominium security and the management of security services can

BY RONALD WELLS

be challenging if the three main bodies that govern the service (the condo board, property manager and contracted

service provider) do not communicate and find common purpose. But the challenge begins long before the developer completes a building and turns it over to the condo corporation.

40 CONDOBUSINESS | www.condobusiness.ca

MANAGEMENT

The design of the building will play a large role in determining how challenging securing a condo premises will be. In order to minimize these challenges, engineers ought to consider the flaws of previous buildings and consult security professionals.

However, budget has a huge influence on building security measures into a condo’s physical design. The security budget must be prioritized if the designer is looking to establish a secure facility.

Herewith, a walk through how building design influences access control, deliveries and parking, along with corresponding security tips.

Access control The physical design of a condominium building can pose challenges for access control. Many buildings have emergency exits that are out of sight along the building’s perimeter, making them harder to monitor.

Buildings with shared facilities and adjoining towers generate increased human traffic to control and monitor, including residents, visitors, deliveries and contractors. A complex with two or more towers, shared facilities and adjoining lobby entrances will have greater areas to cover.

Developing a security system that supervises personnel access to the condo with a combination of security personnel, access control, CCTV and concierge systems is a great way to maximize security coverage.

The system’s design could address hightraffic hours with increased security staff presence during peak hours; modify physical features with added man traps (small spaces with two sets of interlocking doors that require one door to close before the other opens); and include an access card system with security guards monitoring

when doors are held open. In cases where there are several lobbies and access points, carefully consider the placement of security desks. Designing appropriate access-control measures and systems addresses unwanted persons and activity in a building.

Deliveries Parcel and package delivery to condominiums is a challenge to manage, especially around the holidays. Between postal service and parcel deliveries, concierge services get inundated with packages. Some buildings either lack a parcel room or the parcel room’s location takes personnel away from the concierge desk, leaving the desk vulnerable.

The concierge services should have a parcel control system (software for this is available) to log, file and access parcels in an organized fashion. There are services that incorporate parcel control and logging with their concierge services, with a parcel room located at or near the concierge desk.

Parking Parking is an increasing concern in condominiums as space becomes scarcer in urban areas with growing populations. The challenge is providing enough parking for residents, visitors, commercial tenants and their employees and staff. The answer is to design a parking program that governs parking usage and monitors it with appropriate enforcement.

Local law enforcement and municipal parking enforcement resources are limited, and response times are typically long, especially during rush hour. A security service with the resources, authority, training and experience to design a parking program that incorporates appropriate signage, a permit program, municipal authority and

an enforcement program can help condo corporations meet these challenges. Turnkey solutions allow property managers to focus on other priorities.

Once a building has been constructed, the condo board is left to address the security challenges posed by the building’s design.

Only then can the board, management and security services begin to communicate and collaborate to resolve them.

The board and property management should look to hire a security company that has systems in place to support its mandates and fulfill its requirements. (Don’t forget to check a security provider’s references from past and present clients.) A security service with expertise in condominiums and condominium security solutions can help corporations respond to concerns about access control, deliveries and parking. 1 Ronald Wells is president and CEO of Cancom Security Inc., established in 2007.

Ronald has more than 20 years of law enforcement, military and security experience in several capacities. He has serviced several buildings and worked with several property managers to customize integrated security services for each of their individual buildings.

Read more about building security at

November 2014 41

MANAGEMENT

Parking enforcement options

When it comes to residential parking solutions, condominiums tend to lag behind, usually installing

BY CRAIG PETERS AND MATT CLERMONT

the quickest and easiest option. Parking management can be a large pain and may

get taken for granted — but it shouldn’t be. Parking is the first and last experience the majority of unit owners and their guests will have on a property.

For more on management, visit

T he majorit y of a condo’s parking and enforcement responsibility falls on property management’s or security’s shoul d er s. It is not unc o mm on for proper t y management companies to hire a security company and expect it to fully understand how to manage and enforce parking. (Often, the securit y guard who is assigned to the concierge desk ends up responsible for this task.)

But security companies may not be up

42 CONDOBUSINESS | www.condobusiness.ca

to speed on what they can and cannot do legally.

So, how does a condominium corporation get control of its parking and do so in a manner that doesn’t negatively impact or inconvenience their unit owners and unit owners’ visitors?

Start by getting to know the property, the neighbourhood, the unit owners and their guests. T hen t ake the following factors into consideration.

MANAGEMENT

1. Set an objective Examine the corporation’s current approach.

Has the corporation appointed a member or committee or the contracted security company to deal with parking on a regular basis? Also examine whether the property has specific parking problems. If yes, it’s important to understand who and what is involved, where the impact is, why and when it’s an issue, and how it is an issue.

Consider both the board members’ and unit owners’ expectations. What is it that they want to accomplish? Common goals can include control and organization, enforcement and generating parking revenue. Depending on what these groups want to accomplish, assess whether the corporation has a capital or monthly budget for parking control services and enforcement.

Establish an implementation timeline. But before proceeding with any plans, determine the property’s zoning classification, as this will dictate what the city does and doesn’t allow when it comes to parking.

2. Choose a registration and enforcement model Revenue positive Most revenue-positive enforcement models Untitled-2 involve some form of payment by the end user (either unit owners or visitors) and t ypically require regular enforcement to achieve compliance. Under these models, monthly parking is controlled by the unit owner’s license plate and stall registration or with hangtag permits that are registered similarly.

There are a variety of parking payment options to choose from: Pay and display is like it sounds: Visitors buy permits from a meter and display them on their dash. The relatively simple system is inexpensive and easily enforced but depends on the frequency of patrols to maximize compliance and potential revenues.

Pay by plate is similar to pay and display: Visitors buy permits from a meter and enter their license plate number as authorization after payment. Using license plate-recognition e quipment to track and control traffic, the system allows the visitor to proceed to their destination without having to return to their vehicle. Although a more complex and expensive system, it is easier to enforce, as it is license plate-based, allowing for quick and easier enforcement audits.

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MANAGEMENT Call-in registration accepts payment information by phone to register a visitor’s plate. Likewise, online registration takes payment information online to register a visitor’s plate. These systems are usually less expensive to set up and easier to enforce but are solely dependent on the technology (phone lines and Internet) to work. Customer service may not always meet a property manager’s expectations.

Parking apps allow registered users to pay and register their plate via smartphone or tablet application. This relatively new development focuses on visitor experience and, like call-in and online registration, it is dependent on technology to work.

Controlled access is where a visitor has to pay when entering or exiting a lot to park in it. The system does not require regular enforcement but does require its manager to respond to equipment failures or issues preventing legitimate vehicles from entering or exiting the lot. It is the most expensive option in upfront costs (usually too expensive for residential applications) but allows for total control over a building’s parking operations.

Parking attendants are another version of the system where a visitor has to pay

to enter or exit a parking lot. The system typically does not require enforcement but does require a good audit system and audit patrols, as it is prone to systematic abuse through dishonesty, intimidation or laziness.

This system is not the most cost-effective option, as the corporation is paying a monthly salary or salaries to the attendant(s).

However, the corporation will save on the ongoing materials and equipment costs associated with the above options.

Enforcement involves warning, tagging and/or towing vehicles with unregistered plates based on the enforcement threshold model. If any vehicle does not follow the set policies and guidelines outlined above, or through their parking lease with the property, they are subject to enforcement.

Revenue neutral Monthly parking is controlled by access options and registration with the property.

Visitor parking permits are issued by on-site staff. This is the most common residential model used today. On-site staf f (usually securit y) issue hand completed visitor permits to tenants to give to their visitors to display in their

vehicles either on request or according to pre-determined inventory levels.

Enforcement is provided either by on-site security as a value-add to their existing security guard contract or by local municipal enforcement officers who don’t charge for enforcement. This system is dependent on the honesty and due diligence of on-site staff and may be taxing on those resources (e.g. late night and weekend requests for permits). It may be difficult for contracted guard services to effectively provide topnotch security while dealing with parking enforcement at the same time.

Revenue negative (control only) Select a supplier for enforcement services.

Ideally look for a company that specifically focuses on providing parking enforcement services or security companies that fully understand parking and have a full-fledged system for control and enforcement. Consult the stakeholders: Ensure all parties involved understand the impact and that little-to-no revenue will be generated with this option.

3. Implement the corporation’s chosen plan and consult relevant professionals as needed.

4. Regularly audit, evaluate and adjust the corporation’s parking operation accordingly: Parking trends and industry standards change on a regular basis. Be on top of what is out there and always ensure the building’s parking operation is operating efficiently for the best of the property.

PAVING THE WAY WITH FIRST CLASS SERVICE

These steps will start a condominium corporation off on the right path and immediately help improve its overall parkingmanagement experience. Improving a unit owner’s parking experience while maintaining control is what all property managers should strive for. 1

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Craig Peters is the general manager at ParkSmart INC. Craig has been in the parking industry for just over six years and has been working with multiple property management companies to help improve their parking experience one parking lot at a time. Feel free to contact him at 905-755-1946 ext. 2780 or via e-mail at cpeters@parksmart.ca.

Matt Clermont is the president of Epic Parking Control Services, ParkSmart’s preferred enforcement company.

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MAINTENANCE

Fight fire risks with routine dryer and duct-cleaning A fire tragically took the lives

BY CHRISTIAN SIMPSON

of four people in East Gwillimbury, Ontario, this year. The subsequent Fire Marshal’s investigation found that the source of the fire was the dryer.

This is not as isolated an event as one might think. In North America, there are, on average, 15,000 dryer fires per year resulting in hundreds of millions in damages as well as dozens of fatalities.

Routine dryer and dryer duct-cleaning is important to reducing this risk. What follows are tips on how often to do it, what the scope of work should include and what to consider when choosing a contractor.

Defining “routine” cleaning The Ontario Fire Marshal recommends the following in Communique #96-031: “It is extremely important to remove lint th at a c c umul ate s b et we en the rotating drum and the dr yer cabinet during the nor mal o p eration of the clothes dryer. The inside of the dryer cabinet should be cleaned periodically by a qualified individual (i.e., an appliance repair technician) every two

46 CONDOBUSINESS | www.condobusiness.ca

to three years, or more frequently, depending upon usage.”

The t wo to three -year mark is the point at which lint build-up in the dryer c abinet and exhaust system usually becomes significant and also drives energy expenditures way up. A tell tale sign of this is when people have to cycle their dryer two or three times to get their clothes dry.

MAINTENANCE

Setting the scope of work Site prep involves a technician carefully negotiating their equipment through the condominium unit (while avoiding all antiques and priceless art work, of course), laying down drop sheets, mats and placing out specialized tools of the trade.

The first step is to test-run the dryer to listen for any audible issues that might indicate that the unit is not running in top gear. If all is sound with the appliance, the next step is to find the fuse panel and shut off the double 30 breaker (usually marked in green on the fuse panel), which will kill power to the dryer. A “hot” dryer is not something anyone wants to be inserting a metal cleaning wand into (think electrocution). Then, once the power has been shut off, the technician will dismantle the access panels on the dryer cabinet (thankfully most are designed to be cleaned out without having to be moved). On some models, the entire front face or top panels come right off to allow complete access to the inner sanctum of the dryer.

The next step is for the technician to carefully coax all of the lint out of the appliance. All nooks and crannies must be subjected to 200 psi of compressed air which is accompanied by a HEPA-filtered 36 0 CFM vacuum. The drum, motor, electronic panel, all exhaust ports, etc., need to be “flushed out” in a careful but diligent fashion. Then, with the dryer now squeaky clean, it’s time to clean out the in-ceiling lint trap. This particular item is a bit of an enigma for some residents, as not only do they not realize that the lint trap needs to be cleaned out after every few loads, but in some cases they don’t even know what it is. Another real concern with the in-ceiling lint trap is where they are often placed. At the developmental stage of buildings, these essential items can be positioned in the most difficultto-reach spots above the stacked laundry units. So even in cases where the resident is aware that the lint trap should be regularly cleaned out, the task can be so arduous that it is often ignored.

After air washing and brushing out the lint trap, trans duct, booster fan (another crucial item due to the long ducting runs in most condos) and all accompanying duct

work to the exterior wall, the technician puts everything back together. The final step is to turn the dryer’s power back on and give it a test-run to ensure it’s running properly. If the unit produces a consistent hum and a hot blast of air, the technician can turn the dryer off, give himself a pat on the back and tidy up the area.

From the first knock on the door to the technician exiting the unit, the entire procedure takes about 35 to 45 minutes.

Choosing a contractor During a recent demonstration at a west-end condominium, one of the board members noticed how long the procedure took and said, “The last guy that was in here doing this service was in and out in 10 minutes.

What could he possibly have done?”

The short answer was “probably not much”. Assume that maybe this person was exaggerating a bit; maybe the previous technician was in for 15 minutes, or 20 minutes. In this expert’s opinion, this is still not enough time to follow the industry-standard scope of work. In an

Carpet & upholstery maintenance program

eight-hour day, one technician should be capable of doing 10 to 12 units, but those in the industry do hear stories of technicians doing up to 20 a day (specious, if not impossible).

Condominium corporations should be mindful of potential red flags and choose a contractor accordingly. Faced with three proposals, with two in the same ballpark while the third is 30 per cent lower than the other two, consider whether the corporation’s money is best spent on the cheapest option.

To recap: Routine dryer and dryer duct cleaning is critical to reducing the risk of dryer fires. But in order to effectively reduce that risk, the routine cleaning needs to be done correctly, as per the industry-standard scope of work. That means choosing trained professionals who use the proper equipment and follow the scope of work. 1 Christian Simpson is the owner of GTS Services.

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MAINTENANCE

Test snow-melt technology W i l l t h e c o n d o m i n i u m ’s heating ramp into the parking

garage

BY MARK MARMER

work this year? Ideally a property manager hasn’t waited for the f irst

snowfall of the year to answer this question. Nobody in the management office needs to receive a call about the car that slipped down the ramp and hit the garage door.

The best way to avoid this scenario is to test the snow-melt technology in advance — ideally in September, perhaps in conjunction with the heat trace verification for the garage piping. The condominium’s electrical contractor can do the necessary checks, which are to turn on the ramp heating manually and assess each of the cables in the ramp for current draw. The current draw should match the manufacturer’s specification, which can be found on the tags of each cable.

If the correct voltage and amperage are present and the control system seems to be operating properly, then the condominium is all set for that first snowfall.

Even if this is the case, that doesn’t mean the property manager should take a hands-off approach to the technology’s maintenance. What follows are tips for monitoring control systems, addressing system failures and deciding between repairs and replacement.

Control systems At one time, ramp-heating systems were controlled by a switch or timer that was located in the superintendent’s suite or perhaps in the gatehouse. The idea was to monitor the weather and if it looked like it might snow, the ramp was turned on in advance to avoid build-up. Once the snow had stopped falling and the ramp was clear, the heating system could be turned off. As one can imagine, this was not the most reliable or cost-effective way to operate these heating systems. Occasionally a ramp would even be left on during the summer.

These ramps consume a great deal of electricity, so it’s important to avoid running them any more than is necessary. Most modern systems consist of a snow sensor, often with a remote-control panel. The sensor monitors the outside temperature, using a small cup with an element to collect falling snow. If the temperature is below freezing and moisture is present, the ramp technology will turn on. The ramp technology

48 CONDOBUSINESS | www.condobusiness.ca

will remain on until moisture is no longer detected and then continue to emit heat for a predetermined period to make sure that the ramp is clear. These systems are fully automatic and are the most efficient way to operate the ramp heating.

Property managers should monitor and inquire about this automatic operation. Occasionally, unbeknownst to the manager, a portion of the control system has failed due to age and the su p er inten d ent h as b e en m anu all y over r id ing it. T hese systems nee d immediate attention to avoid energy wastage.

System failures Okay, so the condominium’s electrical contractor has tested the ramp and determined that a portion of the system is not working properly. What’s the next step?

The ramp heating is made up of a number of separate cables that heat various portions of the ramp. Likely, one or more of these

MAINTENANCE

cables has failed. These failures can be caused by cracks in the concrete surface that have placed stress on the cables, or by corrosion or even by improper installation.

The cables need to be tested in order to determine how many failures may be present and where they are located. An experienced technician will need to conduct this analysis, which involves the use of specialized equipment to inject and read signals in the cable. In truth, there are only a few companies that have the equipment and experience to properly analyse these cable faults, and they tend to get very busy after the first snowfall of the season. All the more reason to identify the faults early, before winter snowfall begins.

Once this testing is complete, the contractor should be able to provide a report along with a fairly accurate cost to repair or replace the cables.

Repair or replace If the damage is not too extensive, the cables can be repaired. The concrete is chipped out to reveal the damage, and a specialized kit is used to repair the cable(s). The cable is then tested and the

concrete surface reinstated in that area.

This is a fine solution for limited faults.

In some cases, the damage may be too extensive for individual repairs to make economic sense. Sometimes the cables were simply not installed properly or the base and covering were not correct.

When new ramp heating cables are installed, experienced electrical contractors will remain on site to make sure that the cables stay in place and do not touch each other. Experienced electrical contractors will also monitor the installation of the concrete or mastic topping to make sure that the workers don’t damage the cables with equipment such as wheelbarrows.

It’s also important that the aggregate in the mastic is not too sharp, as it could pierce the cables.

While these types of failures are fairly rare, they can, and sometimes do, occur.

In these instances, the best solution may be to abandon the existing cables and install new ones.

Generally this can be done on top of the existing ramp. New cables are laid out and connected, and a layer of mastic asphalt is installed to encapsulate the cables. This

concrete ramp is usually chipped out at the top and the bottom to maintain the correct grade with the adjoining surfaces. Ideally a single contractor will bring together all the trades needed to complete this job so that the manger can have one point of contact for this work.

A well-designed ramp heating and control system can last many years. Property managers don’t tend to think much about these systems in their buildings until they have a failure. Property managers would be wise to set up an annual inspection of the ramp heat, just as they do for other critical systems such as emergency generators and fire alarms.

This is really another instance where an ounce of prevention is worth much more than a pound of cure — especially in the middle of a winter storm. 1 Mark Marmer is a master electrician and the owner of Signature Electric in Markham, Ontario. Signature Electric is an ACMO member that specializes in service to condominiums throughout the Greater Toronto area. Mark can be reached at 416490-8093 or mark@signatureelectric.ca.

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Peeling back misconceptions about carpet problems A number of new condominium buildings are having issues with

BY LEE SENTER

the installation of carpets in their common corridors. Thirdparty carpet inspectors are generally the people who end up having to

determine why the carpets are failing. By the time a carpet inspector finally gets involved

with one of these claims, the carpet has been subjected to move-ins, steam cleaning, vacuuming and atmospheric issues such as high humidity.

For more on maintenance, visit

Proper installation and maintenance procedures are extremely impor tant if there is any hope to maintain a carpet’s beautiful appearance for more than 10 years.

Unfortunately, many carpets start to look worn out after five years.

The ver y nature of the hospitalit ys t y l e c a r p et u s e d i n c o n d o m i niu m common areas c an invite problems.

Carpeted common corridors in c o n d o m i n i u m s of te n h ave s t y l ize d borders and irregularly shaped hallways that require the seaming together of

50 CONDOBUSINESS | www.condobusiness.ca

several carpet panels to complete the installation.

Expectations about how carpet seams should be constructed have changed dramatically over the last five years. The latex that binds the backings has more and more fillers in it for better indoor air quality. The cut edges of carpet always required seam sealing, but the issue is more important now than ever.

According to the Carpet and Rug Institute’s Standard for Carpet Installation 2011, glued-down carpet is supposed

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Don’t make the mistake of assuming that carpeting is being installed according to specification.

to have all cut edges seam sealed with a thermo plastic adhesive or something similar.

Then a third bead of seam sealer is supposed to be applied to one edge of the seam to “weld” together the carpet panels.

Many carpet installers and retailers are unaware of this requirement. Currently, there is no mechanism that keeps the carpet installers and retailers informed of these types of industry changes. It is no wonder that seams are fuzzing in so many buildings.

(Fuzzing or zippering of the cut edges looks like loose yarns protruding from the carpet pile surface and often result in voids of missing yarns along the seams.)

The blame for fuzzing seams often gets placed on the carpet manufacturer, the carpet cleaners, the vacuum cleaners and the latest one is the new LEED-approved carpet adhesive. But that typically isn’t the case. There is a reason architects and carpet manufacturers insist that all cut edges of the carpet be encapsulated with a seam sealer.

The construction of carpet and the adhesives used to bind the primary and secondary backings has changed, primarily to make carpet “greener”.

Another installation-related issue is lack of adhesive being used to hold carpet to the substrate. A builder can double the “savings” if the carpet is a double-glueddown installation. This is when the carpet is affixed to the underpad and the underpad is affixed to the concrete.

There are charts that clearly outline what kind of trowel to use to apply the adhesive on different styles of carpet backings. The rule of thumb for a properly affixed carpet is that it would be extremely difficult to peel back, and if it could be peeled back, there would be legs in the adhesive. (Legs in the adhesive describe strings of adhesive between the floor and the carpet backing where the glue separates from the concrete.)

52 CONDOBUSINESS | www.condobusiness.ca

The last major issue with corridor carpets often occurs when wall-to-wall carpet is replaced with new carpet tiles.

Carpet tiles are installed with a pressuresensitive adhesive. This adhesive must be applied to a clean concrete surface free of all contaminants including adhesive from previous carpet installations.

If pressure-sensitive adhesive mixes with the old carpet adhesive, it traps moisture.

The moisture eventually tries to escape around the edges, lifting the carpet tile, or the new adhesive emulsifies. Again, this issue may be blamed on the manufacturer, and the carpet supplier may try to glue down the lifting edges to the concrete using inappropriate adhesive.

The solution is: Don’t make the mistake of assuming that carpeting is being installed according to specification. Ensure that all seams are constructed with three beads of seam sealer; ask that the appropriate amount of adhesive and the necessary number of trowels be included in the shipment from the carpet manufacturer; and always ensure that the concrete substrate is prepared properly according to the manufacturer’s specifications.

Certified carpet inspectors can be hired to confirm that the carpet was installed according to standard. Some proactive property management companies are starting to inspect carpets immediately after installation. Inspection should ideally be done before warranties expire and building deficiency lists are provided. 1 James (Lee) Senter is an IICRC-certified Senior Carpet Inspector and the owner of Fresh and Clean. Fresh and Clean carpet cleaning is Canada’s first certified green sustainable contractor under the CSSA program. He can be reached at info@ TorontoCarpetInspector.com.

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November 2014 53

SMART IDEAS

Braving the elements It may not be possible to protect a condominium from all manner of catastrophe, but there are definitely steps boards and managers can take to minimize risk and damage. Here’s a roundup of tips on how to deal with each of the four elements from this issue’s package of disaster management articles: Earth

More and more condominium corporations are seeking advice relating to environmental matters that may affect them and their unit owners. A recent example is the development of a condominium building on former contaminated industrial lands. The problem for the condominium corporation was that it had little understanding of what [its] ongoing obligations were, and how to effectively manage them.

There is no cookie-cutter approach to dealing with environmental issues. Each matter requires a thorough understanding of the issues and qualified people advising the corporation of its risks and responsibilities.

Air

Clear communication about removing items from balconies prior to severe weather events, for example, can help prevent damage to a resident’s unit and other parts of the building.

-Ryan Michel, vice-president and chief risk officer, enterprise risk management, Allstate Canada

-Tamara Farber, partner, Miller Thomson LLP

Water

When a property manager is dealing with water damage — such as a burst pipe — the sooner the emergency response, the less chance there is for water migration. The consequence of unmitigated water loss is mould. Don’t put off mitigation while waiting on an insurance claims representative to arrive on the scene to evaluate the loss. By then, enough time will likely have passed to allow microorganisms, which may not be covered by insurance, to grow and amplify.

Fire

In North America, there are, on average, 15,000 dryer fires per year resulting in hundreds of millions in damages as well as dozens of fatalities. Routine dryer and dryer duct-cleaning is important to reducing this risk.

- Christian Simpson, Owner, GTS Services - Sharyl Hudson, marketing assistant, Hudson Restoration Inc.

54 CONDOBUSINESS | www.condobusiness.ca

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November 2014 55

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