Rental Premises Standards of Maintenance Bylaw No. 2353, 2023 — full text

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CITY OF WILLIAMS LAKE BYLAW NO. 2353 BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO PRESCRIBE STANDARDS FOR THE MAINTENANCE OF RENTAL RESIDENTIAL PREMISES. WHEREAS the Community Charter authorizes that a council may, by bylaw, regulate and impose requirements in relation to buildings and other structures; AND WHEREAS the Community Chatter grants a council authority in relation to a building or other structure to ensure the health, safety and protection of persons and property; NOW THEREFORE the Council of the City of Williams Lake, in open meeting assembled, enacts as follows: PART 1 - TITLE AND INTERPRETATION Title 1. This bylaw may be cited as "City of Williams Lake Rental Premises Standards of Maintenance Bylaw No 2353, 2023". Definitions 2. In this bylaw, unless the context othenivise requires, the definitions in the Community Charter and Interpretation Act govern, and the following definitions apply: bathroom means a room containing at least one toilet and toilet tank and one hand basin, one bathing fixture, and constructed so that complete privacy is available to the user; bedding means sheets, blankets, pillows and pillowcases; Bylaw No. 2353 Page 2 mm/;-m,»wn,~y.v4;,t«y,m;,a:»»v,;.»a;aww,«Am.s,~.» m».»-m».a-memomm~mywmWa;m~mmwm;m.w¢~wmvW»gWm.amam~mw?ew~w.:amyw,s1wwwwummwa ?«/mm,»ezsmwwmwgmmmw«WMWm%memmmwmgw,wwmnemma;A >.vJt>xM«s:a:4<»mwzm.-/asraaz dwelling unit means one or more self--containedrooms 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; hand basin means a plumbing fixture primarily intended for the washing of hands, with hot and cold water connected thereto; hotel means a hotel, motel, inn, Airbnb, rooming house and apartment hotel and any prescribed class of premises, but does not include a facility: (a) owned or operated by a non-profit society incorporated under the Society Act, a municipality, a regional district, a college designated under the College and Institute Act or a university named in the University Act, or (b) in which the landlord resides, and which contains fewer than a total of 5 bedrooms or rooms used as bedrooms; housekeeping unit means a sleeping unit containing a sink and cooking facility; landlord includes lessor, sublessor, owner or other person permitting the occupation of residential premises, and his/her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the premises, entitled to possession of the residential premises; municipality means the City of Williams Lake; ownerin respect of real property means the registered owner as defined in the Community Charter: 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 accommodation means a residential premises subject to a tenancy agreement; residential premises means a dwelling unit used for residential purposes, and includes, without limitingthe above, - a manufactured home - a manufactured home pad - a room or premises in a hotel occupied by a hotel tenant, - caretaker's premises, and By/aw No. 2353 Page 3 sink means a plumbing fixture, primarily intended for the washing of dishes and utensils, with hot and cold water connected thereto; sleeping unit means one or more rooms equipped to be used for sleeping and sitting purposes only, with no cooking or sanitary facilities; tenancy agreement means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of residential premises and occupation of a room or premises in a hotel; tenant means a person or persons who have the right of exclusive possession of residential premises under a tenancy agreement. PART 2 - ADMINISTRATIONAND ENFORCEMENT Application 3. This bylaw applies to residential rental accommodation in the City of Williams Lake. 4. This bylaw does not apply to short-stay housing of 28 days or less in duration. 5. This bylaw does not negate the requirements for landlords and tenants set forth in the BC Rental Tenancy Act. Administration 6. The Chief Building Official, or designate, is authorized to administer this bylaw, but owes no public duty to enforce or administer it. Severability 7. Ifany 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. Compliance with Other Bylaws 8. Compliance with this bylaw does not excuse an owner or any person from the requirement to comply with all other municipal bylaws and regulations. By/aw No. 2353 Page 4 Notice to Comply to Bylaw Standards 10. The Chief Building Official, or designate, may direct an owner whose rental accommodation fails to meet the requirements of this bylaw to remedy the non- compliance within the time stated in a written notice mailed or otherwise delivered to the owner. Penalties 11. A person who contravenes this bylaw commits an offence and is punishable in accordance with the By/aw Notice Enforcement Act. Owner's and Tenants Duties and Obligations 12. An owner of rental accommodation shall maintain it in accordance with the standards prescribed in this bylaw and all maintenance shall be performed without undue delay. 13. A tenant of rental accommodation shall maintain reasonable health, cleanliness and sanitary standards throughout the rental unit and other residential property to which the tenant has access. 14. The tenant shall notify the owner immediately ifwater leaks develop or problems with the heating, electrical, or plumbing occur. Complaints Procedure 15. Complaints to the Chief Building Official must be made in writing utilizing Schedule 'A' attached to and forming part of this bylaw. 16. Complaints may be made by: (a) tenants who are subject to the tenancy agreement between them and the owner, or (b) members of the Royal Canadian Mounted Police, City of Williams Lake Bylaw Enforcement Officers and Senior Staff, or staff employed by organizations registered in BC and with a mandate to support vulnerable individuals, [including First Nations agencies. By/aw No. 2353 Page 5 Founda?ons 18. Foundation walls and other supporting members shall be maintained in good repair and so as to control the entrance of moisture. Exterior Walls 19. Exterior walls and their components shall be maintained; (a) in good repair, (b) weathertight, (c) free from loose or unsecured objects and materials, and (d) in a manner so as to prevent or retard deterioration due to weather or infestations. 20. Canopies, marquees, awnings, screens, fire escapes, pipes, ducts, air conditioners and all other similar equipment, attachments, extensions and their supporting members shall be maintained in good repair, properly and safely anchored and protected against deterioration and decay. 21. Exterior wall facings, projections, cornices and decorative features shall be maintained in good repair, safely and properly anchored. 22. Natural ventilating systems (openable widows and vents) shall be maintained in good repair and in a safe condition. Exterior Doors and Windows 23. Exterior doors, windows, skylights, and hatchways shall be maintained in good repair and weather tight. 24. Openings in exterior walls, other than doors and windows, shall be effectively protected to prevent the entry of rodents, insects or vermin. 25. Latching and locking devices on: (a) separate entrances to the rental accommodation, and (b) windows shall be maintained in good working order. Bylaw No. 2353 Page 6 (b) where an egress window opens into a window well, a clearance of not less than 760 millimetres (30 inches) shall be provided in front of the window. Roo?ng 27. The roof, including the flashing, fascia, soffit, and cornice, shall be maintained in a weather--tight condition so as to prevent leakage of water into the residential premises. Stairs, Balconies and Porches 28. Stain/vays, balconies or porches and landings shall be maintained: (a) in a safe and clean condition, (b) in good repair, (c) free from holes, cracks, excessive wear and warping, and hazardous obstructions, and (d) be provided with handrails and guards conforming to the BC Building Code. Basements 29. Basement floor drains shall be maintained in good condition. 30. Floors in a basement shall be kept dry and free from major cracks, breaks or similar conditions which would create an accident hazard or allow the entrance of water into the basement. Floors 31. Floors shall be maintained in a clean condition, reasonably smooth and level and free of loose, warped or decayed boards, depressions, protrusions, deterioration or other defects which may create health, fire or accident hazards. 32. Where floors are covered, the covering shall be maintained in a safe condition. 33. Shower room floors, toilet room and bathroom floors shall be covered with moisture resistant floor finishes, and in such condition as to permit easy cleaning. Walls and Ceilings 34. Interior walls and ceilings shall be maintained in good repair and free from holes, or Bylaw No. 2353 Page 7 awxwy/M;«mmmy,amm,mmms».«.:o«myMW/ewammwwawwmwawwammwwgmm,;m»mmwVMme»,wwmw»,mam;:mascm.men-1mewmm:«wmWxwwm;.mw;.%mmmm,,mm;«»w»«m»¢a»«»=,mWweawmxwamaW:4«»m»mW;;s»»mwm.,=»aa 37. Every hand basin and bathtub, shower and sink shall have an adequate supply of hot and cold running water and every toilet and toilet tank shall have an adequate supply of running water. Hot water shall be supplied at a maximum temperature of 49 degrees Celsius. Appliances and Systems 38. Allgas, oil, or solid fuel systems and appliances shall be maintained in safe working order and repair. 39. All systems of appliance venting shall be maintained in safe working order so as to prevent the creation of a health, fire or accident hazard. Heating Systems 40. Heating equipment shall be maintained in a safe and good working condition so as to be capable of safely attaining and maintaining an adequate temperature standard, free from fire and accident hazards and in all rental accommodation capable of maintaining every room at a temperature of 22 degrees Celsius (72 degrees Fahrenheit) measured at a point 1.5 metres (5 feet) from the floor, and in the centre of the room. 41. Where heating equipment or part of it or any auxiliary heating system burns solid or liquidfuel, a place or receptacle for the storage of such fuel shall be provided and safely maintained in a convenient location and so constructed as to be free from fire or accident hazards. Electrical System and Lighting 42. Electrical wiring and lighting equipment, including circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be maintained in good working order. 43. Adequate levels of artificial lighting shall be maintained in good working order in all rental accommodation. Ventilation 44. Allsystems of ventilation, mechanical or natural, shall meet the manufacturers installation requirements and be maintained in good working order. Interior Fire and Health Safety Hazards By/aw No. 2353 Page 8 Maintenance Standards for Hotels 47. 48. 49. 50. In hotel rental accommodations: (a) surfaces of interior walls and ceilings shall be maintained in a clean and sanitary condition, and (b) sanitary facilities shall be maintained in a clean and sanitary condition and their walls and ceilings with a smooth surface reasonably impervious to water or chipping or cracking. Every hotel operator shall ensure that: (a) in every room in a hotel containing any sanitary facilities serving more than one sleeping unit, housekeeping unit or housekeeping room, accessibility from a public hallway shall be maintained and locking mechanisms on the inside are maintained, and (b) where provided in a community kitchen, the sink, cooking facility and food storage shall be maintained in safe and healthy working order. Except where it is specifically agreed to be provided by the tenant, every hotel operator who provides bedding, mattresses, mattress covers, and towels shall maintain them in a clean and sanitary condition. Except where it is specifically agreed to be provided by the tenant, every hotel operator who provides furnished accommodations shall maintain such furnishings in a clean and reasonable condition of repair and maintenance. PART 4 -- ADOPTION Adoption 51. This Bylaw shall come into force and take effect upon the date of final adoption by the Council of the City of Williams Lake. READ A FIRST TIME THIS 6th DAY OF June , 2023 READ A SECOND TIMETHIS 6th DAY OF June , 2023 I, ROSS COUPE, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE_SCHEDULE "A"TO BYLAW NO. 2353. SCHEDULE 'A' /2G City of Williams Lake Rental Premises Standards of Maintenance Bylaw No. 2353 Complaint Form Complaints may be made by tenants who are subject to the tenancy agreement between them and the owner. Complaints may also be made by persons identified in Section 17 of this bylaw. Complaints made by third parties not identi?ed in this bylaw willnot be accepted. Complaints are to relate only to the life-safety items addressed in this bylaw. Allcomplaints willbe reviewed on a case by case basis to determine if they fit this criterion. All complaints should be made only after initialconsultation with the property owner. Complainant name: Date of complaint: Residential address: Mailing address: Telephone number: Email address: Date owner initially notified of problem: Complainant signature: Property owner's name: Mailing address: Telephone number: Email address: