Rental Premises Standards of Maintenance - Bylaw 8159 (2006)
Richmond, British Columbia
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2052277
December 11, 2006
CITY OF RICHMOND
RENTAL PREMISES STANDARDS OF MAINTENANCE
BYLAW NO. 8159
EFFECTIVE DATE - DECEMBER 11, 2006
2052277
December 11, 2006
City of Richmond
Bylaw 8159
Rental Premises Standards of Maintenance Bylaw No. 8159
The Council of the City of Richmond enacts as follows:
PART 1 - OWNER'S DUTIES AND OBLIGATIONS
1.1
An owner of rental premises must not use, permit the use of, lease, rent or offer to
lease or rent any rental unit that does not at all times conform to the minimum
maintenance standards for rental premises prescribed in this bylaw.
1.2
An owner of rental premises shall maintain it in accordance with the requirements
and standards prescribed in this bylaw.
1.3
Without limiting Sections 1.1 and 1.2, the owner of every rental premises shall be
responsible to ensure that all minimum maintenance standards and requirements of
this bylaw are maintained, provided and carried out in a timely manner, and that the
mandatory requirements of Part 2 of this bylaw are complied with.
PART 2 - PROVISION OF SERVICES AND UTILITIES
2.1
Water
2.1.1 Every hand basin, bathtub, shower and sink in a rental unit shall, at all times
when occupied by a tenant, be provided with a continuous and adequate
supply of hot and cold running water, and every toilet and toilet tank shall
have an adequate supply of running water.
2.1.2 Hot water shall be supplied to a Rental Unit at a minimum temperature of
45 0 C (113 0 F).
2.2
Heat
2.2.1 Furnaces and other heating equipment installed within a rental premises must
be capable of continuously maintaining each room in every rental unit within
the rental premises at a minimum temperature of 22 0 C (72 0 F), measured at
a point 1.5 meters (5 feet) from the floor and in the centre of the room.
2.2.2 At the request of any tenant of a rental unit, the owner of the rental
premises must, without unreasonable delay, provide sufficient heat to the
tenant's rental unit to meet the minimum temperature standard prescribed in
subsection 2.2.1
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2.3
Light
2.3.1 Adequate levels of artificial lighting shall be maintained in good working
order at all times as follows:
Room or Space
Minimum
Foot Candles *
(a)
stairway, hall, passageway, sanitary facilities
10
(b)
service room
20
(c)
laundry room
20
(d)
recreation or lounge room
10
(e)
residential room
10
(f)
kitchen, kitchen alcove and kitchen area
30
(g)
task areas, personal grooming areas, reading areas
50
*Measured at a point one (1) meter above the floor, except for space item (g)
which shall be measured at task level.
2.4
Mandatory Provision of Services and Utilities
2.4.1 No owner, nor anyone acting on the owner's behalf, shall discontinue,
disconnect, shut off or remove, or cause to be discontinued, disconnected, shut
off or removed, any service or utility providing light, heat, air conditioning,
refrigeration, water or cooking facilities for any rental unit occupied by a
tenant, except for such reasonable period of time as may be required for the
purpose of repairing, replacing, or altering the service or utility.
2.4.2 Despite subsection 2.4.1, if a tenant fails to pay service or utility rates or fees
and, as a result of the non-payment, the service or utility is discontinued,
disconnected, shut-off or removed, the tenant shall be deemed to have caused
the discontinuance, disconnection, shutting off or removal of the service or
utility.
PART 3 - INTERPRETATION
3.1
In this bylaw:
BUILDING
means any structure used, designed or intended for
the support, enclosure, shelter or protection of
persons or property.
BUILDING INSPECTOR
means a person who has been assigned the
responsibility
for
administering
City
bylaws
enacted to regulate the construction, alteration,
repair or demolition of buildings and structures, or
their designate.
CITY
means the City of Richmond.
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COUNCIL
means the City Council of the City of Richmond.
DWELLING UNIT
means one or more self-contained rooms provided
with sleeping, cooking and sanitary facilities
intended for domestic use, and used or intended to
be used permanently or semi-permanently as a
residence.
HOUSEKEEPING UNIT
means a sleeping unit containing a sink and cooking
facility.
OWNER
means a person who has any legal right, title, estate
or interest in a rental premises and shall include,
without limitation, the registered owner, a landlord,
lessor, sublessor or other person permitting the
occupation of a rental unit and their agents, heirs,
assigns, personal representatives and successors in
title.
PERSON
includes a corporation, partnership or party and the
personal or other legal representatives of a person
to whom the context can apply according to law.
RENTAL PREMISES
includes:
(a)
a rental unit;
(b)
a building or related group of buildings in
which one or more rental units are located;
(c)
the parcel or parcels of real property on
which a building or related group of
buildings containing one or more rental
units are located.
RENTAL UNIT
means a residential living accommodation of any
kind rented or intended to be rented to a tenant
under a tenancy agreement and includes, without
limitation, a dwelling unit, a sleeping unit or a
housekeeping unit.
REPAIR
includes replacing, making additions or alterations
or taking action required for the rental premises to
conform to the standards prescribed by this bylaw.
SANITARY FACILITIES
means any toilet and toilet tank, urinal, bathtub,
shower or hand basin.
SLEEPING UNIT
means one or more rooms equipped to be used for
sleeping and sitting purposes only, with no cooking
or sanitary facilities.
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TENANCY AGREEMENT
means an agreement, whether written or oral,
express or implied, between a landlord and tenant
respecting possession of a rental unit, use of
common areas of a rental premises and services
and facilities, and includes a licence to occupy a
rental unit.
TENANT
means a person or persons who have the right of
exclusive possession of a rental unit and includes:
(a)
the estate of a deceased tenant; and
(b)
when the context requires, a former or
prospective tenant.
3.2
Unless otherwise defined or the context otherwise requires, all words and phrases in
this bylaw shall be construed in accordance with the meaning assigned to them by the
Community Charter, the Local Government Act and the Interpretation Act, as the
context and circumstances may require.
PART 4 - APPLICATION
4.1
This bylaw applies to all rental premises in the City of Richmond.
PART 5 - ADMINISTRATION AND ENFORCEMENT
5.1
Responsibility for Administration
5.1.1 The Building Inspector is authorized to administer this bylaw.
5.2
Building Inspector's Right of Entry
5.2.1 The Building Inspector is authorized to enter, at all reasonable times on any
property that is subject to this bylaw to ascertain whether the requirements of
this bylaw are met. The Building Inspector shall, on request, show proper
identification.
5.3
Notice to Comply to Bylaw Standards
5.3.1 The Building Inspector may direct an owner whose rental premises fails to
meet the requirements of this bylaw to remedy the non-compliance within the
time stated by the Building Inspector in a written notice to comply delivered
to the owner.
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5.4
Penalties
5.4.1 Every person that contravenes any provision of this bylaw or who suffers or
permits any act or thing to be done in contravention or in violation of any
provision of this bylaw, or who neglects to do or refrains from doing anything
required to be done by any provision of this bylaw, commits an offence
punishable upon conviction in a prosecution under the Offence Act and is liable
to a maximum fine of up to $10,000.00 and imprisonment for not more than 6
months.
5.5
Severability
5.5.1 In the event that any portion of this bylaw is declared ultra vires by a Court of
competent jurisdiction, then such portion shall be deemed to be severed from
the bylaw to that extent and the remainder of the bylaw shall continue in force
and effect.
5.6
Compliance With Other Bylaws
5.6.1 Compliance with this bylaw does not excuse an owner or any person from the
requirement to comply with all other municipal bylaws and regulations.
PART 6 - BYLAW CITATION
6.1
This Bylaw is cited as "Rental Premises Standards Of Maintenance Bylaw
No. 8159".
FIRST READING
SECOND READING
THIRD READING
ADOPTED
MAYOR
CORPORATE OFFICER
CITY OF
RICHMOND
APPROVED
for content by
originating
dept.
APPROVED
as to form
by Solicitor