London will look at developing a maximum temperature bylaw to protect tenants from heat after a narrow decision and contentious debate from politicians.
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London will look at developing a maximum temperature bylaw to protect tenants from heat after a narrow decision and contentious debate from politicians.
City council voted 8-6 on Tuesday to direct city staff to draft a bylaw mandating the temperature of rental units be kept below 26 C.
“In the absence of provincial leadership on this file, I think it’s incumbent that the municipality does intervene,” Coun. Skylar Franke said. “We have to start regulating maximum temperatures in rental units, because people have died from heat stroke in apartments that don’t maintain a livable temperature.”
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Deputy mayor Shawn Lewis and councillors Jerry Pribil, Peter Cuddy, Paul Van Meerbergen, Steven Hillier and Susan Stevenson voted against drafting a bylaw, and Steve Lehman was absent. All others voted in favour.
Top of mind for politicians was the city’s mandate for health and safety, and how that intersects with provincial jurisdiction over building codes and rental law.
“While I recognize that this is a growing concern and issue, I believe that we are treading into provincial territory,” Lewis said. “I think that there is a lot of perilous pitfalls to us exploring this on our own.”
In a previous report to the community and protective services committee, city staff said London is expected have 46 days with temperatures higher than 30 C annually by 2050. The report also references the 2021 Western North America heat dome that killed more than 600 people in B.C.
The report recommends only covering buildings already equipped with air conditioners or requiring it in new builds. However, staff recommend creating a subcommittee to advise on retrofitting old buildings, with representation from the Middlesex London Health Unit, London Hydro, property managers, landlords and tenants.
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Mike Wallace, executive director of the London Development Institute that represents developers, said while a conversation about retrofits should still take place, depending on the building it could be “virtually impossible” to install air conditioning.
“We’re willing to talk to people about it, make sure people understand how something is constructed,” he said. “For new builds and the requirement for air conditioning, we have some comments on it, but that’s a different issue for us than the aspect of (retrofitting).”
Councillors also acknowledged retrofitting old buildings potentially could mean above-guideline rent increases, but safety remained top of mind.
“People have the right to live in units that are safe, and I think that we’re getting very close to an unsafe situation,” Coun. Sam Trosow said.
Mississauga is the only city in Ontario with a maximum temperature bylaw, city staff say, which requires that buildings with air conditioning not exceed 26 C. Toronto is considering a bylaw.
The Canadian Board for Harmonized Construction Codes, a federal body that sets guidelines for health, safety and protection of buildings, also is studying the possibility of a maximum temperature in an updated National Building Code.
During its Sept. 19 meeting, the Middlesex London Health unit presented a report in support of a 26 C maximum temperature regulation in the National Building Code.
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