O. Reg. 47/13: MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS

Link to law: http://www.ontario.ca/laws/regulation/r13047
Published: 2013-01-25

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ontario regulation 47/13

made under the

Municipal Act, 2001

Made: January 25, 2013
Filed: January 25, 2013
Published on e-Laws: January 28, 2013
Printed in The Ontario Gazette: February 9, 2013


Amending O. Reg. 239/02

(MINIMUM MAINTENANCE STANDARDS FOR MUNICIPAL HIGHWAYS)

1. Subsection 1 (1) of Ontario Regulation 239/02 is amended by adding the following definitions:

“ice” means all kinds of ice, however formed;

“snow accumulation” means the natural accumulation of any of the following that, alone or together, covers more than half a lane width of a roadway:

1. Newly-fallen snow.

2. Wind-blown snow.

3. Slush;

“substantial probability” means a significant likelihood considerably in excess of 51 per cent;

“weather” means air temperature, wind and precipitation.

2. Subsection 3 (2) of the Regulation is revoked and the following substituted:

(2) If it is determined by the municipality that the weather monitoring referred to in section 3.1 indicates that there is a substantial probability of snow accumulation on roadways, ice formation on roadways or icy roadways, the minimum standard for patrolling highways is, in addition to that set out in subsection (1), to patrol highways that the municipality selects as representative of its highways, at intervals deemed necessary by the municipality, to check for such conditions.

3. The Regulation is amended by adding the following section:

Weather monitoring

3.1 (1) From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the municipality.

(2) From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once per calendar day.

4. Section 4 of the Regulation is revoked and the following substituted:

Snow accumulation

4. (1) The minimum standard for addressing snow accumulation is,

(a) after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table to this section, to deploy resources as soon as practicable to address the snow accumulation; and

(b) after the snow accumulation has ended, to address the snow accumulation so as to reduce the snow to a depth less than or equal to the depth set out in the Table within the time set out in the Table,

(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or

(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five metres.

(2) If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table to this section, the roadway is deemed to be in a state of repair with respect to snow accumulation.

(3) For the purposes of this section, the depth of snow accumulation on a roadway may be determined in accordance with subsection (4) by a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the following:

1. Patrolling highways.

2. Performing highway maintenance activities.

3. Supervising staff who perform activities described in paragraph 1 or 2.

(4) The depth of snow accumulation on a roadway may be determined by,

(a) performing an actual measurement;

(b) monitoring the weather; or

(c) performing a visual estimate.

(5) For the purposes of this section, addressing snow accumulation on a roadway includes, but is not limited to,

(a) plowing the roadway;

(b) salting the roadway;

(c) applying abrasive materials to the roadway; or

(d) any combination of the methods described in clauses (a), (b) and (c).

(6) This section does not apply to that portion of the roadway designated for parking.

TABLE
SNOW ACCUMULATION

 


Class of Highway


Depth


Time




1


2.5 cm


4 hours




2


5 cm


6 hours




3


8 cm


12 hours




4


8 cm


16 hours




5


10 cm


24 hours




5. Section 5 of the Regulation is revoked and the following substituted:

Ice formation on roadways and icy roadways

5. (1) The minimum standard for the prevention of ice formation on roadways is doing the following in the 24-hour period preceding an alleged formation of ice on a roadway:

1. Monitor the weather in accordance with section 3.1.

2. Patrol in accordance with section 3.

3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that there is a substantial probability of ice forming on a roadway, treat the roadway to prevent ice formation within the time set out in the Table to this section, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose.

(2) If the municipality meets the minimum standard set out in subsection (1) and, despite such compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of,

(a) the time that the municipality becomes aware of the fact that the roadway is icy; or

(b) the applicable time set out in the Table to this section for treating the roadway to prevent ice formation expires.

(3) The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table to this section, and an icy roadway is deemed to be in a state of repair until the applicable time set out in the Table for treating the icy roadway expires.

(4) For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand.

TABLE
ice formation prevention and ICY ROADWAYS

 


Class of Highway


Time




1


3 hours




2


4 hours




3


8 hours




4


12 hours




5


16 hours




6. Subsection 6 (2) of the Regulation is amended by striking out “shall be deemed to be repaired” and substituting “is deemed to be in a state of repair”.

7. Subsection 7 (2) of the Regulation is amended by striking out “shall be deemed to be repaired” and substituting “is deemed to be in a state of repair”.

8. Subsection 8 (2) of the Regulation is amended by striking out “shall be deemed to be repaired” and substituting “is deemed to be in a state of repair”.

9. The definition of “debris” in subsection 9 (2) of the Regulation is amended by striking out “material or object on a roadway” at the end of the portion before clause (a) and substituting “material (except snow, slush or ice) or object on a roadway”.

10. (1) Subsection 10 (0.1) of the Regulation is amended by striking out “once per year” at the end and substituting “once per calendar year, with each inspection taking place not more than 16 months from the previous inspection”.

(2) Subsection 10 (5) of the Regulation is amended by striking out “shall be deemed to be repaired” at the end of the portion before clause (a) and substituting “are deemed to be in a state of repair”.

11. (1) Subsection 11 (0.1) of the Regulation is amended by striking out “once per year” at the end and substituting “once per calendar year, with each inspection taking place not more than 16 months from the previous inspection”.

(2) Section 11 of the Regulation is amended by adding the following subsection:

(0.2) A sign that has been inspected in accordance with subsection (0.1) is deemed to be in a state of repair with respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to meet these requirements.

12. (1) Subsection 12 (1) of the Regulation is amended by striking out “once per year” at the end and substituting “once per calendar year, with each inspection taking place not more than 16 months from the previous inspection”.

(2) Section 12 of the Regulation is amended by adding the following subsection:

(1.1) A regulatory sign or warning sign that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect to the retro-reflectivity requirements of the Ontario Traffic Manual until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the sign has ceased to meet these requirements.

13. (1) Subsection 14 (1) of the Regulation is amended by striking out “every 12 months” at the end of the portion before paragraph 1 and substituting “once per calendar year, with each inspection taking place not more than 16 months from the previous inspection”.

(2) Section 14 of the Regulation is amended by adding the following subsection:

(1.1) A traffic control signal system sub-system that has been inspected, tested and maintained in accordance with subsection (1) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the traffic control signal system sub-system has ceased to be in a state of repair.

(3) Subsection 14 (2) of the Regulation is amended by striking out “twice a year” at the end and substituting “twice per calendar year”.

(4) Section 14 of the Regulation is amended by adding the following subsection:

(2.1) A conflict monitor that has been inspected, tested and maintained in accordance with subsection (2) is deemed to be in a state of repair until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge that the conflict monitor has ceased to be in a state of repair.

14. Subsection 15 (2) of the Regulation is amended by striking out “shall be deemed to be repaired” and substituting “is deemed to be in a state of repair”.

15. Section 16 of the Regulation is amended by adding the following subsections:

(1.1) A surface discontinuity on a roadway, other than a surface discontinuity on a bridge deck, is deemed to be in a state of repair if its height is less than or equal to the height set out in the Table to this section.

. . . . .

(2.1) A surface discontinuity on a bridge deck is deemed to be in a state of repair if its height is less than or equal to five centimetres.

16. (1) Subsection 16.1 (1) of the Regulation is amended by striking out “once per year” at the end and substituting “once per calendar year, with each inspection taking place not more than 16 months from the previous inspection”.

(2) Section 16.1 of the Regulation is amended by adding the following subsection:

(1.1) A sidewalk that has been inspected in accordance with subsection (1) is deemed to be in a state of repair with respect to any surface discontinuity until the next inspection in accordance with that subsection, provided that the municipality does not acquire actual knowledge of the presence of a surface discontinuity in excess of two centimetres.

(3) Subsection 16.1 (2) of the Regulation is amended by striking out “after becoming aware of the fact” at the end and substituting “after acquiring actual knowledge of the fact”.

(4) Section 16.1 of the Regulation is amended by adding the following subsection:

(2.1) A surface discontinuity on a sidewalk is deemed to be in a state of repair if it is less than or equal to two centimetres.

Commencement

17. This Regulation comes into force on the day it is filed.

Made by:

Bob Chiarelli

Minister of Transportation

Date made: January 25, 2013.