General Requirements and Specifications
The notes below are not an exhaustive list of all conditions attached to the issuance of a Highway Occupancy Permit. It is the responsibility of the Applicant to review the relevant legislation and satisfy themselves before proceeding. In case of a discrepancy between the language in this document and the relevant legislation or regulations, the legal text in the legislation and regulations prevails. For legal information, see By-Law 120-2015
1. Highway Occupancy Diagram – The Applicant shall prepare and submit a Sketch, Map and/or Diagram of the affected Property and Highway(s). This must be marked with the location and approximate dimension(s) of any proposed obstruction(s). Plan must be legible, scaled and field verified.
2. Workplace Safety & Insurance Board (W.S.I.B.)
- If it is only the Owner(s) of the Property named in Section 1, the Applicant shall declare that they will NOT be employing any person(s), contractor(s) or sub-contractor(s) to perform any work(s) that requires occupancy of the highway; or, in any other case,
- The Applicant shall supply a valid Workplace Safety and Insurance Board (W.S.I.B.) Certificate of Clearance certifying that they are in good standing with the Board. Such a Certificate shall be endorsed to cover all activities being undertaken in relation to the proposed work(s);
- If the Certificate of Clearance issued does not indicate coverage for construction work (“Class G”) the Applicant shall supply a letter, from W.S.I.B., stating he/she/they are already covered for the purposes of “Class G” activities and/or that W.S.I.B. is/are aware of the Applicants’ intended “Class G” activities; and
- The Applicant shall supply a list of activities being undertaken in relation to the proposed work(s), along with the type of sub-trade, name(s) and address(es) of sub-contractor(s) and date(s) for each activity.
3. Roadways Operated by other bodies:
- (Parts of) Bowen Road, Central Avenue, Dominion Road, Garrison Road, Gilmore Road, Gorham Road, Helena Street, Montrose Road, Netherby Road, Phipps Street, Sodom Road, Stevensville Road and Thompson Road, these are considered road allowances administered by the Niagara Region. Further information on requirements for these roads can be found by contacting (905) 980-6000 or at the following weblink: https://www.niagararegion.ca/living/roads/permits/default.aspx
- Cairns Crescent, Frenchman’s Lane, (parts of) Lakeshore Road, Niagara Boulevard, Niagara Parkway Boulevard, Niagara River Parkway, or any Service Roads attached to these streets, these are considered road allowances administered by the Niagara Parks Commission. Further information on requirements for these roads can be found by contacting (905) 356-2241 or at the following weblink: https://www.niagaraparks.com/permits/
4. Insurance Requirements - During the period of any authorized work(s) the contractor shall keep and maintain insurance coverage as outlined below, provided by (an) insurance company(ies) licensed to transact business in the Province of Ontario, and of satisfactory financial standing to The Corporation of the Town of Fort Erie.
- Commercial general liability insurance in the minimum amount of two million dollars ($2,000,000) inclusive per occurrence. Coverage shall include but not limited to bodily injury including death, damage to property including loss of use thereof, personal injury, premises and operations liability, tenant legal liability and shall contain a cross liability, severability of insured clause. Such policy shall be endorsed to protect the Corporation of the Town of Fort Erie as an Additional Insured as the owner of the highway against all liability but only with respect to the construction of the Applicant.
- Such insurance shall be primary and will not call in to contribution any other insurance that may be available to the Town.
- The Applicant shall provide an insurance certificate to the satisfaction of the Town that confirms the Town’s requirements as stated above. If requested by the Town the Applicant is to provide a certified true copy of the policy certified by an authorized representative of the insurer.
- The policy shall be endorsed to provide the Town with not less than thirty (30) days’ written notice of cancellation. If the policy is cancelled for any reason or if the permit holder fails to confirm that insurance coverage is in place at all times the permit holder will be required to immediately remove their operations from the Town’s premises.
5. Traffic Control Plan and Detours - The Applicant shall submit a Traffic Control Plan which shall conform to the Ministry of Transportations’ most recent Ontario Traffic Manual, Book 7, Temporary Conditions. Plan must include the relevant section(s) of the manual applicable to their proposed work(s) as well as a diagram of the affected roadway(s) and Signing Requirements that will be used.
- Any plan involving detour(s) on/over a roadway owned or operated by either the Niagara Region and/or the Niagara Parks Commission, as found in note 3, shall also provide proof of permission and/or a letter of non-objection from the relevant authority, as may be applicable.
6. Vehicle Parking - Unless permission is specifically given in the Permit, vehicles of any kind, are not to be parked any closer than 3 metres to a fire hydrant, and no closer than 6 metres from a crosswalk, whether marked or unmarked. “No Stopping” Zones, whether Full-Time, Part-Time, or during rush hours, shall be adhered to.
7. Sidewalks - Any hoses, cords, pipes or other apparatus which crosses a sidewalk shall be securely ramped so as not to cause a tripping or accessibility hazard to pedestrian traffic.
8. Notification to Emergency Services & Public Transit - The Applicant shall notify the following service providers, together with a copy of the approved Highway Occupancy Permit, prior to construction and on each day the right-ofway is impeded:
- Fort Erie Fire Department - (905) 871-1600 Ext. 5600
- Niagara Regional Police Service (NRPS) - (905) 871-2300
- Emergency Medical Services (EMS) - (905) 984-5050
- Niagara Student Transportation Services (NSTS) - (905) 346-0290
- Fort Erie Transit - 1-833-287-5463
- Fort Erie Accessible Specialized Transit (FAST) - 1-833-933-3278
- Town of Fort Erie: Road Operations - (905) 871-1600 Ext. 2466
- Niagara Regional Waste Management - (905) 356-4141
9. Utility Locates – The Applicant shall obtain utility locates prior to commencement of construction, as determined by the Director based on the type of construction, and shall not interfere with any public or municipal utility.
10. Pre-construction Condition of Highway - The Applicant shall take new photographs of the part or parts of the highway upon which construction will take place, and provide the photographs, together with a written list of any deficiencies to the highway, and submit the same with this application.
11. Notice of Service Disruption - The Applicant shall not commence construction until the Town has given notice of service disruption in accordance with the requirements of the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11 and regulations thereto, as may be amended or replaced from time to time.