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Town of Snow Lake
Town Office
PO Box 40
Snow Lake, Manitoba
R0B 1M0
Phone: (204)358-2551
E-mail: [email protected]
Fax: (204)358-2112
Website: www.snowlake.ca
THE TOWN OF SNOW LAKE
BY-LAW NUMBER 981-21
BEING A BYLAW OF THE TOWN OF SNOW LAKE TO ESTABLISH A SYSTEM TO REGULATE
THE CONDITION AND MAINTENANCE OF VACANT RESIDENTIAL AND COMMERCIAL
BUILDINGS AND TO ESTABLISH A PROCESS TO TAKE TITLE TO VACANT AND DERELICT
BUILDINGS, TO BE KNOWN AS THE "VACANT AND DERELICT BUILDING BYLAW".
SHORT TITLE: VACANT AND DERELICT BUILDING BYLAW
WHEREAS The Town of Snow Lake is empowered by Part 7, Division 2, Section 232(1)(c.1) of the Municipal
Act (Manitoba) to pass a Bylaw with the respect to the condition and maintenance of vacant residential and
commercial buildings;
AND WHEREAS the existence of unsightly vacant buildings may produce a harmful visual impact on a
streetscape, may create the impression of decline, may lower property values and may raise the likelihood of
arson, vandalism, drainage problems, vermin infestation, or other safety hazards;
AND WHEREAS the Town of Snow Lake deems it expedient and in the public interest to establish a Bylaw to
regulate the condition and maintenance of vacant, unsafe, and unsightly buildings;
AND WHEREAS Section 247.2 of the Municipal Act (Manitoba) provides for a process by which a
municipality may take title to vacant and derelict buildings;
AND WHEREAS it is necessary to establish a process for issuing preliminary derelict building orders, second
notices and derelict building certificates in respect of derelict properties pursuant to the provisions of the
Municipal Act (Manitoba);
NOW THEREFORE The Council of the Town of Snow Lake, duly assembled, enacts as follows:
PART 1: DEFINITIONS
1.01 In this Bylaw:
ACT means the Municipal Act (C.C.S.M. c.M225)
APPEAL PERIOD has the meaning attributed thereto in Sections 4.05 below
BOARDED BUILDING means an unoccupied building in which any door, window, or other opening has been
covered for more than seven (7) days by affixing wood, metal or some other material over it to prevent entry;
BOARDED BUILDING PERMIT means a permit issued for a Boarded Building that is in compliance with the
provisions of this Bylaw;
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BUILDING means any structure used or intended for supporting or sheltering any use or any occupancy and
includes any Residential Building or Commercial Building;
BYLAW means this "Vacant and Derelict Building Bylaw 980-21";
CODE means the Manitoba Building Code as adopted by Manitoba Regulation 31/2011 pursuant to the
Buildings and Mobile Homes Act, RSM 1987, c.B93 as amended from time to time, or any subsequent
Manitoba Building Code which may be enacted;
COMMERCIAL BUILDING means any building that is not a Residential Building but may contain a legally
established Dwelling unit(s);
COMMITTEE means the Strategic Property Planning Committee appointed by the Council of the Town of
Snow Lake and charged with the responsibility of hearing and making decisions on appeals to Orders issued
pursuant to the provisions of this Bylaw;
DERELICT PROPERTY means property upon which is located an unoccupied Residential or Commercial
Building that is not in compliance with the provisions of this Bylaw;
DERELICT BUILDING CERTIFICATE has the meaning attributed thereto in 4.09 below;
DESIGNATED OFFICER means the Chief Administrative Officer of the Town of Snow Lake and any
employee or contractor of the Town to whom the CAO has delegated authority or duly granted or imposed
under this Bylaw;
DWELLING includes any Building, part of a Building, mobile home, trailer, or other covering or structure, the
whole or any portion of which has been used, is used, or is capable of being used for the purposes of human
habitation with the land and premises belonging thereto and all accessory Buildings, fences, or erections thereon
or therein, and every Dwelling unit within the Building;
INSPECTOR means Building Inspector or any other person or agency employed by or acting for the Town of
Snow Lake and partially or wholly responsible for the Building safety and property standards within the Town
of Snow Lake;
NON-CONFORMANCE means a condition which does not comply with the standards established by this
Bylaw;
NOTICE OF OBJECTION has the meaning attributed thereto in Section 3.03(b) below;
ORDER TO MAINTAIN has the meaning attributed thereto in Section 3.02 below;
OWNER means the registered property Owner of the land and premises and includes:
The person that for at all material times is the managing or receiving the rent of the land or premises in
connection with which the word "Owner" is used; whether on their own account or as agent or trustee of
any other person;
The person who would so receive the rent if such land and premises were let;
The vendor of such land under an offer to purchase or an agreement for sale who has paid any land taxes
thereon after the effective date of the agreement;
The person that all material times is receiving installments of the purchase price of the land or premises
in connection with which the "Owner" is used, sold under an offer to purchase or an agreement for sale
whether on his own account or as an agent or trustee of any other person; or
The person who would so receive the installments of the purchase price if such land or premises were
sold under an offer to purchase or an agreement for sale.
PRELIMINARY DERELICT BUILDING ORDER has the meaning attributed thereto in Section 4.01 below;
RESIDENTIAL BUILDING means a Building primarily designed for or has been used for residential
occupancy by way of Dwelling unit(s), but may also be designed for or used for a secondary occupancy;
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SECOND NOTICE OF PRELIMINARY DERELICT BUILDING ORDER has the meaning attributed thereto
in Section 4.05 below;
STANDARDS means the standards prescribed in this Bylaw for the maintenance and improvement of the
physical condition and for the fitness for occupancy of any Building or other structure or properties, or parts
thereof, together with the surrounding lands;
UNSAFE BUILDING means any Building that is in an unsafe condition in that it is unoccupied or open and
unguarded to which entry can be gained;
VACANT means, in relation to a Building, an Building that is not being used or occupied;
VACANT BUILDING means a previously occupied Residential Building or Commercial Building or unit
thereof that is not presently being used or occupied for which a Vacant Building Certificate has been issued; and
VACANT BUILDING CERTIFICATE means a certificate issued to a Vacant Residential or Commercial
Building that is in compliance with the provisions of this Bylaw.
PART II - STANDARDS
2.01
Inspection of Vacant or Boarded Buildings. In addition to any other inspections of Vacant Building
or Boarded Building to enforce or administer this Bylaw, Inspectors are authorized to conduct full inspections
of the exterior and interior of a Vacant or Boarded Building to determine compliance with the Maintenance
Standards for Vacant Commercial Buildings Regulation, the Maintenance Standards for Vacant Residential
Buildings Regulation, or the Maintenance Standards for Boarded Buildings Regulation. The Owner of the
Vacant Building or Boarded Building being inspected must pay any inspection fee established by the Town of
Snow Lake for the inspection.
2.02
Requirements for all Vacant Buildings. The Owner of a Vacant Building must ensure that the
premises is in compliance with the standards set out in the Maintenance Standards for Vacant Commercial
Buildings Regulation or the Maintenance Standards for Vacant Residential Buildings Regulation, as applicable.
2.03
Vacant Building Permit.
A building may remain Vacant in accordance with Section 2.02 above provided that a Vacant Building
Certificate is obtained and any required inspection fees are paid.
A Vacant Building Certificate must be obtained within ninety (90) days of notification by the
Designated Officer that Building has been identified as Vacant.
Upon annual payment of any inspection fee as designated in the Town of Snow Lake's fee schedule, the
Owner of a Building may renew a Vacant Building Certificate, annually for periods of one (1) year each.
2.04
Requirements for all Boarded Buildings.
An unoccupied or open and unguarded Building to which entry can be gained shall be deemed an
Unsafe Building.
The Owner of an Boarded Building must ensure that the Building is secure from unauthorized entry in
accordance with the Maintenance Standards for Boarded Buildings Regulation.
2.05
Boarded Building Permit.
A Building may remain boarded up in accordance with the Maintenance Standards for Boarded
Buildings Regulation, provided that a Boarded Building Permit is obtained.
An Owner shall obtain a Boarded Building Permit within twenty-one (21) days of notification of the
requirement to obtain a Boarded Building Permit by a Designated Officer.
Upon payment of any application or permit fee as designated in the Town of Snow Lake's Annual Fee
Schedule, the Owner of a Building may obtain a Boarded Building Permit for that Building, valid for a
period of one (1) year after being issued and renewable on an annual basis.
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PART III - ORDER TO MAINTAIN
3.01
Order to Maintain. Any inspector may, at all reasonable times, without the consent of the Owner or
occupier of the Building and upon production of the necessary authority, if demanded, enter upon any Building
or premises in the Town of Snow Lake that is boarded or appears to be Vacant for the purposes of determining:
(a) Whether the Building is Vacant; and
(b) Whether the Building complies with this Bylaw.
3.02
Issuance of an Order to Maintain.
If, as a result of the inspection of any Vacant Building, or Boarded Building, an inspector is satisfied
that the Vacant Building, or Boarded Building does not comply with the standards set forth in the
Maintenance Standards for Vacant Commercial Buildings Regulation, Maintenance Standards for
Vacant Residential Buildings Regulation or Maintenance Standards for Boarded Buildings Regulation,
as applicable they may make an order to maintain ("Order to Maintain"), a copy of which shall be
served on the Owner by personal service or by certified or registered mail to the Owners address as last
shown on the latest assessment roll of the Town of Snow Lake and which shall also be subject to an
Order Issuance Fee as designated in the Town of Snow Lake's Fee Schedule. When service cannot be
effected by personal service or by certified or registered mail, then such Order to Maintain and/or a
placard may be posted on the Vacant Building or Boarded Building.
If, upon attempt to effect service of an Order to Maintain, an inspector learns that the Owner of the
Vacant Building or Boarded Building is deceased, the Order to Maintain shall be served upon the
executor, administrator, successor or assignee of the deceased Owner. If such party cannot be located,
service shall be effected by posting the Order to Maintain and/or a placard on the Vacant Building or
Boarded Building.
The Order to Maintain shall contains:
i.
the legal description of the property on which the Vacant Building or Boarded
Building sits;
ii.
the particulars of each Non-Conformance and the date by which each Non-
Conformance must be corrected; and
iii.
except in the case of an immediately dangerous Non-Conformance, the final date
for delivering a Notice of Objection, and may also contain an outline of what
action may be taken to correct the Non-Conformance of the Vacant Building or
Boarded Building and any other information that the inspector deems necessary.
Except in the case of immediately dangerous Non-Conformance, the date by which an Owner shall have
to correct the Non-Conformance of the Vacant Building or Boarded Building, shall be a minimum of
twenty-one (21) days from the date of service of the Order to Maintain. If the Order to Maintain is
served by mail, the Order to Maintain shall be deemed to have been served and received by the Owner
on the date of the receipt thereof shown on the "Acknowledgement of Receipt" form issued by the
Canada Post Office or "Proof of Delivery" form signed by the person acknowledging receipt thereof.
The Designated Officer may postpone the last day when a Non-Conformance must be corrected as
specified in the Order to Maintain only upon the Owner showing that they are making reasonable efforts
to correct the Non-Conformance, but that full correction cannot be completed within the time provided
because of technical difficulties, inability to obtain necessary materials or labour, or inability to gain
access to the area of the Vacant Building or Boarded Building wherein the Non-Conformance occurs.
Any postponement of the last day for compliance does not extend the initial fourteen (14) day period for
appealing the Order to Maintain, as set forth in Section 3.03 (a) below, provided the Owner shall have
seven (7) days from the date of postponement to appeal the duration of the postponement.
3.03
Right to Appeal.
(a) Except in the case of immediately dangerous Non-Conformance in which case no appeal shall be
permitted, the Owner, or a person authorized in writing to act on behalf of the Owner, may appeal any
provision of an Order to Maintain by filing with the Committee a notice of objection (a "Notice of
Objection") to the Order to Maintain within fourteen (14) days of receipt of the Order to Maintain.
(b) Except in the case of immediately dangerous Non-Conformance in which case no appeal shall be
permitted, the filing of a Notice of Objection shall operate as a stay of proceedings to correct the Non-
Conformance, pending consideration of the appeal by the Committee.
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(c) Any failure to comply with a decision or order of the Committee is an offence subject to Section 3.05
below.
3.04
Non-Compliance.
(a) Where an Owner has failed to comply with an Order to Maintain either of an Inspector or the
Committee, as the case may be, then the Designated Officer may cause the Non-Conformance to be
corrected without any further notice to the Owner. The entire cost of correcting the Non-Conformance,
including but not limited to, legal fees, disbursements and administrative fees, shall be considered an
amount owing to the Town of Snow Lake pursuant to provisions of the Act and be collected in the same
manner a tax may be collected or enforced in accordance with the Act.
(b) In the case of immediately dangerous Non-Conformance, the Designated Officer may take whatever
actions or measures are necessary to eliminate the Non-Conformance pursuant to Section 246 of the Act.
3.05
General Offence and Penalty.
(a) Every person who contravenes, or refuses, neglects, omits, or fails to obey or observe any provision of
this Bylaw is guilty of an offence and is liable on summary conviction to a fine, pursuant to subsection
249(1) of the Act, not exceeding Five Hundred ($500) Dollars and/or imprisonment for a term not
exceeding three (3) months or at the discretion of the Designated Officer, a penalty in accordance with
Section VI of this Bylaw.
(b) Every person who obstructs or interferes with an inspector in the performance of their duties under the
authority of this Bylaw is guilty of an offence and is liable on summary conviction to the same penalties
as set out in subsection (a) above.
PART IV - DERELICT BUILDING ORDERS
4.01
Preliminary Derelict Building Order. A Designated Officer shall issue a preliminary derelict building
order (a "Preliminary Derelict Building Order") in respect of a property if they are satisfied that:
(a) The Owner of the property has been found guilty of contravening this Bylaw; and
(b) The property continues to be in contravention of this Bylaw for a period of twenty one (21) days.
4.02
Form of Order. A Preliminary Derelict Building Order must include:
(a) The legal description of the property;
(b) A statement that the property is a Derelict Property; and
(c) A statement that the property may be transferred to the Town of Snow Lake if it is not brought into
compliance with this Bylaw.
4.03
Service. The Designated Officer who issues a Preliminary Derelict Building Order must ensure that a
copy of the Preliminary Derelict Building Order is:
(a) Promptly registered against the Derelict Property at the Manitoba Land Titles Office; and
(b) Personally served on the Owner of the Derelict Property and on every other person who, as of that date,
is registered at the Manitoba Land Titles Office and appears from the records to have an interest in the
Derelict Property.
4.04
Time Frame for Compliance. The Owner of the Derelict Property shall have ninety (90) days from
service of the Preliminary Derelict Building Order to bring the property into compliance with this
Bylaw.
4.05
Right to Appeal. The Owner, or a person authorized in writing to act on behalf of the Owner, may
appeal the Preliminary Derelict Building Order to the Committee. The appeal must be made in writing
and must be received by the Office of the CAO within ninety (90) days after the Preliminary Derelict
Building Order has been served on the Owner of the Derelict Property (the "Appeal Period").
4.06
Second Notice of Preliminary Derelict Building Order. A second notice of the Preliminary Derelict
Building Order (a "Second Notice of Preliminary Derelict Building Order") may be issued by the
Designated Officer if a Derelict Property continues to remain a Derelict Property for more than thirty
(30) days following service of the Preliminary Derelict Building Order.
4.07
Form of Second Notice of Preliminary Derelict Building Order. A second Notice of Preliminary
Derelict Building Order must include:
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(a) The legal description of the Derelict Property;
(b) A statement that the property continues to be a Derelict Property;
(c) A statement that if the property is not brought into compliance with this Bylaw within sixty (60) days,
title to the property may be issued in the name of the Town of Snow Lake and the persons being served
may be forever stopped and debarred from setting up any claim to or in respect of the property; and
(d) A statement that the Owner has the right to have the Committee review the Preliminary Derelict
Building Order or the time period set out to bring the Derelict Property into compliance, provided that
such request must be made within sixty (60) days following service of the Second Notice of Preliminary
Derelict Building Order.
4.08
Service of Second Notice of Preliminary Derelict Building Order. The Designated Officer must
ensure that a copy of the Second Notice of Preliminary Derelict Building Order is:
(a) Promptly registered against the Derelict Property at the Manitoba Land Titles Office; and
(b) Personally served on the Owner of the Derelict Property and on every other person who, as of that date,
is registered at the Manitoba Land Titles Office and appears from the records to have an interest in the
Derelict Property.
4.09
Application for Derelict Building Certificate.
(a) The Designated Officer may apply to the Committee for a certificate designating a property as a Derelict
Property (a "Derelict Building Certificate") if:
(i) a Preliminary Derelict Building Order and a Second Notice of Preliminary Derelict Building Order have
been issued, registered and served in accordance with the provisions contained herein;
(ii) the time period for bringing the Derelict Property into compliance with the Vacant and Derelict Building
Bylaw provided in the Second Notice of Preliminary Derelict Building Order has expired;
(iii)the period to appeal the Preliminary Derelict Building Order has expired, or if the Committee has reviewed
the Preliminary Derelict Building Order and either (x) confirmed the Preliminary Derelict Building Order, or (y)
varied the Preliminary Derelict Building Order, but the varied Preliminary Derelict Building Order, has not
been complied with; and
(iv) the Designated Officer is satisfied that the Building continues to be in contravention of the Vacant and
Derelict Building Bylaw.
(b) When applying for a Derelict Building Certificate, the Designated Officer must provide to the
Committee, a completed and sworn or affirmed statutory declaration.
(c) The Committee upon receipt of an application for a Derelict Building Certificate, may, by resolution,
issue a Derelict Building Certificate if there is evidence that the property continues to be a Derelict
Property, and in the opinion of the Committee, there is a satisfactory plan for redeveloping the property.
4.10
Issuance of a Derelict Building Certificate. When a Derelict Building Certificate is issued, the
Designated Officer may:
(a) Register the Derelict Building Certificate against the Derelict Property with the Manitoba Land Titles
Office; and
(b) Apply to the registrar at the Manitoba Land Titles Office for title to the Derelict Property to be issued in
the name of the Town of Snow Lake, within 120 days of issuance of the Derelict Building Certificate.
PART V: GENERAL
5.01
Conflict with Other Bylaws. Where a provision of this Bylaw conflicts with a provision of another
Bylaw in force and effect in the Town of Snow Lake, the provision that establishes the higher standard
to protect the health, safety, and welfare of the general public shall prevail.
5.02
Regulations. The Maintenance Standards for Vacant Commercial Buildings Regulation, the
Maintenance Standards for Vacant Residential Buildings Regulation, and the Maintenance Standards for
Boarded Buildings Regulation form part of this Bylaw.
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PART VI: REPEAL AND ENACTMENT
6.01
Enactment. This Bylaw shall come into full force and take effect on the 20th day of April 2021.
Done and passed by the Council of the Town of Snow Lake in regular session duly assembled this
20th Day of April , 2021
The Town of Snow Lake
-signed-
Per: ___________________________
Mayor -Peter Roberts
-signed-
Per: ___________________________
CAO - Robert Hedley
Read a first time this __6th__ day of _April_ A.D. 2021.
Read a second time this _20th_ day of _April_ A.D. 2021.
Read a third and final time this _20th_ day of _April_ A.D. 2021.
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THE VACANT AND DERELICT BUILDING BYLAW NO. 981-21
MAINTENANCE STANDARDS FOR VACANT COMMERCIAL BUILDINGS REGULATION
In this Regulation:
CERTIFICATE of OCCUPANCY/REOCCUPANCY means an occupancy certificate issued under Section 1 of
Schedule A, "Maintenance Standards for Vacant Commercial Buildings" or Section 1 and 2 of Schedule B,
"Maintenance Standards for Vacant Residential Buildings" of this Bylaw as applicable;
CODE means the Manitoba Building Code as adopted by Manitoba Regulation 31/2011 pursuant to the
Buildings and Mobile Homes Act, RSM 1987, c.B93, as amended from time to time, or any subsequent
Manitoba Building Code which may be enacted;
COMMERCIAL BUILDING means any Building that is not a Residential Building but may contain a legally
established Dwelling unit (s);
DESIGNATED OFFICER means the Chief Administrative Officer of the Town of Snow Lake and any
employee of the Town to whom they have been delegated authority or duty granted or imposed under the
Vacant and Derelict Building Bylaw;
DWELLING includes any Commercial Building, part of a Commercial Building, Mobile Home, Trailer, or
other covering or structure, the whole or any portion of which has been used, is used, or is capable of being used
for the purposes of human habitation with the land and premises belonging thereto and all accessory buildings,
fences, or erections thereon or therein, and every Dwelling unit within the Commercial Building;
FIRE PROTECTION SYSTEM includes but not limited to, any fire alarm system, sprinkler system or standpipe
system or one or more private hydrants;
OWNER means the registered property Owner of the land and premises and includes:
(a) The person that for at all material times is managing or receiving the rent of the land or premises in
connection with which the word "Owner" is used whether on their own account or as agent or trustee of
any other person;
(b) The person who would so receive the rent if such land and premises were let;
(c) The vendor of such land under an offer to purchase or an agreement for sale who has paid any land taxes
thereon after the effective date of the agreement;
(d) The person that at all material times is receiving installments of the purchase price of the land or
premises in connection with which the word "Owner" is used, sold under an offer to purchase or an
agreement for sale whether on his own account or as an agent or trustee of any other person; or
(e) The person who would so receive the installments of the purchase price if such land or premises were
sold under an offer to purchase or an agreement for sale;
VACANT means, in relation to a Building, a Building that is not being used or occupied;
VACANT COMMERCIAL BUILDING means a previously occupied Commercial Building or unit thereof that
is not presently being used or occupied for which a Vacant Building Certificate has been issued; and
VACANT BUILDING CERTIFICATE means a certificate issued to a Vacant Commercial Building that is in
compliance with the provisions of the Vacant and Derelict Building Bylaw.
1.
Re-occupancy of Vacant Commercial Buildings.
(a) A Certificate of Occupancy is required for all Vacant Commercial Buildings for which a Vacant
Building Certificate has been issued prior to re-occupancy.
(b) A Vacant Commercial Building may require upgrading to meet the following objectives of the Code
prior to re-occupancy: Safety, Health, Accessibility for persons with disabilities, and Fire and structural
protection of Commercial Buildings, and
(c) The Designated Officer may require that a Code analysis of the Commercial Building be carried out by a
professional designer licensed to practice in the Province of Manitoba prior to re-occupancy.
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2.
Exterior Aesthetic Condition.
(a) The Designated Officer, may require the repair or replacement of any exterior feature should the feature
be in a condition that is deemed unsightly. Exterior features include, but are not limited to, the
following: exterior parging, exterior wall finish, roofs and eaves, doors and windows, porches,
attached/detached garages, stairs, steps, or any other feature appurtenant to the property, decks, patios,
and fences.
3.
Foundation Walls and Foundation Supports.
(a) Every foundation wall forming part of a Commercial Building shall be maintained in good repair and
structurally sound so as to prevent undue settlement of the Commercial Building or entrance of
moisture, insects, or rodents. Where necessary, the foundation walls shall be so maintained by shoring
of the walls, installing of subsoil drains at the footing, grouting masonry cracks and by parging and
waterproofing.
(b) Where any Commercial Building is on a surface foundation and the Designated Officer is of the opinion
that there is settlement or rotting of the beams or joists to such a degree as to adversely affect the
habitability of the Commercial Building, the Commercial Building may be required to be jacked up,
floors be levelled, broken or rotted flooring to be renewed, and a concrete surface foundation be
constructed or concrete piers be installed in compliance with the provisions of the Town of Snow Lake's
Building Bylaw.
(c) Basement walls and floors shall be of material impervious to ground or other external moisture factors.
The floor shall be so constructed as to effectively drain all water into a floor drain which is connected to
a sewerage system or some other approved system.
4.
Structurally Sound.
(a) Basement, cellar, or crawl space floors shall be maintained in good repair and structurally sound and
where necessary shall be so maintained by the installation of subsoil drains at the footing, grouting
cracks, parging and damp-proofing.
(b) Every part of a Commercial Building shall be maintained in a structurally sound condition so as to be
capable of sustaining safely its own weight and any load to which it may be subject.
(c) Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or
replaced.
(d) The Designated Officer may require that a structural analysis of the Commercial Building be carried out
by a Professional Structural Engineer licensed to practice in the Province of Manitoba.
5.
Exterior Walls.
(a) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other
conditions which might admit the entry of rodents or other pests, rain or dampness to the interior
portions of the walls or the interior spaces of the Commercial Building. Such defective materials or
objects shall be removed, repaired, or replaced.
(b) All exterior surfaces shall be made of materials which provide adequate protection from the weather.
(c) The exterior walls and their components shall be maintained in a manner that prevents their deterioration
due to weather. Maintenance of the exterior walls and their components may consist of wall restoration
or repair, coping or flashing, waterproofing of the joints and walls, or coverage with a protective surface
where this is necessary to resist deterioration of the structural surface.
6.
Roof.
(a) A roof includes the facia board, soffit, cornice and flashing, all of which shall be maintained in a
watertight condition to prevent leakage into the Commercial Building. Without limiting the generality
of this section, the required maintenance may include the eavestroughing and rainwater piping repair or
other means as deemed acceptable by the Designated Officer.
(b) The protective surface of a roof shall be maintained in good repair otherwise replacement of the
protective surface may be required if deemed necessary by the Designated Officer.
(c) Dangerous accumulations of snow or ice or both shall be removed from the roof of any Commercial
Building or part thereof.
7.
Dampness. The interior floors, ceilings and walls shall be kept free from dampness that may result
from the entrance of moisture through an exterior wall, roof, or through a cellar, basement, or crawl space floor.
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8.
Doors and Windows.
(a) Every exterior door to a Commercial Building and every door to a commercial unit within a Commercial
Building, when closed, shall fit reasonably well within its frame and shall have hardware so it is capable
of being locked from both inside and outside.
(b) All windows intended to be opened shall be equipped with hardware so they are capable of being locked
or otherwise secured from the inside of the Commercial Building. Every window shall be properly
glazed and in good repair.
(c) All windows doors, basement or cellar hatchways and their frames shall be constructed and maintained
in regards to wall construction, to completely exclude rain and to substantially exclude wind from
entering the structure.
(d) The Designated Officer may require the repair/replacement of doors, door frames, window frames,
sashes casings and door and window hardware or the refitting of doors and windows, installation of
weather-stripping and window re-glazing.
(e) Every opening in an exterior wall used or required for ventilation or illumination, and not protected by a
window or door, and may permit the entry of rodents or vermin shall be screened with wire mesh, metal
grille, or another durable material, or otherwise protected to effectively prevent the entry of rodents or
vermin.
9.
Porches, Sheds, and Stairs. Every porch, shed, and stairway in, on or appurtenant to a property shall
be maintained in good repair so that no component is broken, loose, rotted, warped, out-of-plumb, off-level or
out of alignment to which it was designed or constructed, or is without a protective surface.
10.
Handrails and Guards.
(a) Every interior stair that has more than two risers shall have the sides of the stair and the landing or floor
level around the stair well enclosed by walls or protected by guards on both sides compliant with the
Code.
(b) Handrails for stairs shall be not less than 800 mm and not more than 965 mm above a line drawn
through the outside edges of the stair nosings and 1070 mm in height or as per Code requirements.
(c) Every exterior stair with more than three risers and every exterior landing or porch exceeding 600 mm
or more above grade, and every balcony, mezzanine, gallery, raised walkway, and roof, to which access
is provided for other than maintenance purposes, shall be protected by guards on all open sides as per
Code requirements.
(d) Guards around stairs shall be at least 920 mm in height. All other guards shall be at least 1070 mm in
height or as per Code requirements.
(e) Guards around exterior stairs and landings more than 10 m above the adjacent ground level shall be at
least 1500 mm in height.
(f) Openings through a guard shall be sized as to prevent the passage of spherical objects having a diameter
of 100 mm or as per Code requirements.
(g) All handrails and guards shall be maintained in good repair and shall be firmly attached to provide
adequate protection and accident and injury.
11.
Exterior Fire Escapes.
(a) A fire escape may be considered a second and separate means of egress for a Commercial Building,
provided it is constructed in conformance with the Code.
(b) An existing fire escape will be acceptable as an exit provided it is in a safe condition as determined by
the Designated Officer. If repairs are required, those repairs shall be made in conformance to the Code.
(c) If a new fire escape is required, it shall be constructed entirely in conformance with the Code. Prior to
construction, drawings and material specifications shall be submitted to the Designated Officer for
approval.
(d) Where the construction of a new fire escape or the repair of an existing fire escape is required, the
Designated Officer may require that a structural analysis be performed on said fire escape by a
professional structural engineer licensed to practice in the Province of Manitoba and that all remedial
action cited in the aforementioned structural analysis be completed to the satisfaction of the professional
structural engineer.
12.
Walls and Ceilings. Every wall and ceiling in a Commercial Building including door jams and stops,
baseboards, and other components, shall be maintained in good condition and free form holes, large cracks,
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loose plaster and accident hazards. The Designated Officer, where he deems necessary, may require that any of
the aforementioned components be renewed.
13.
Floors.
(a) Every floor shall be free of loose, warped, protruding, or rotting floor boards shall be free of holes or
cracks or other defects that could be fire or accident hazards, and shall be maintained in a clean and
sanitary condition.
(b) Floor coverings shall be in good repair, well fitted and capable of being easily kept clean.
(c) Any vertical opening in a floor, including but not limited to, service spaces, chutes, air vents and
elevator shafts, must be covered or barricaded in a manner that prevents accident or injury.
14.
Sewage and Drainage.
(a) No roof drainage or surface drainage shall be discharged on stairs or neighbouring property, all such
drainage shall be conveyed so that it does not cause dampness in the walls, ceilings, or floors of any
portion of the Commercial Building itself or any adjacent building.
(b) Sewage shall only be discharged into a sewerage system in accordance with rules outlined by any
relevant local Bylaw or Provincial regulation.
(c) Sewage shall not be discharged onto the surface of the ground whether it be a natural or artificial
drainage system or otherwise.
(d) Rainwater shall not be discharged into the Town of Snow Lake's sewerage system by means of conduit.
Such drainage shall be directly or indirectly channelled into the storm sewer system or into surface
drainage channels. Drainage by way of weeping tiles into the Town of Snow Lake sewerage system
shall be allowed.
15.
Water Supply. Every Commercial Building shall be provided with an adequate supply of potable
running water.
16.
Maintenance of Yards.
(a) A yard shall be kept free and clean from: rubbish, garbage, and debris, wrecked, dismantled, partially
dismantled vehicles, trailers and other machinery, or parts, objects and conditions, including holes and
excavations, that are health, fire or accident hazards.
(b) A yard shall be graded in such a manner as to prevent the excessive or recurrent ponding of storm water
or recurrent ponding of storm water or the entrance of water into a basement or cellar and shall be
cultivated or protected with a suitable ground cover to prevent erosion of the soil.
(c) Vegetation in yards surrounding Vacant Commercial Buildings must be kept trimmed or in a manner
that is satisfactory to the Designated Officer.
17.
Walks.
(a) A walk shall be provided from the principal entrance of every Commercial Building to a public street or
to a driveway affording access to a public street and such walk shall be kept reasonably clear of snow
and ice.
(b) Every sidewalk, driveway, and parking space all exterior steps shall be kept in good repair and shall be
maintained so as to afford safe passage under normal use and weather conditions.
18.
Fences and Accessory Buildings. All fences and accessory buildings shall be kept weather resistant, in
good repair, and free from health, fire and accident hazards.
19.
Garbage Disposal. Garbage Disposal shall be in accordance with the Town of Snow Lake Garbage and
Recycling Bylaw.
20.
Unsafe Conditions and Dangerous Buildings. When a Commercial Building or structure or part
thereof , or a well, excavation, or opening, is in an unsafe condition, the Designated Officer may proceed to take
action pursuant to the provisions contained in the Town of Snow Lake's Building Bylaw as it relates to unsafe
conditions.
21.
Hazardous Conditions. No Commercial Building, or any part thereof, or the lot upon which it is
situated shall be used as a place of storage, keeping or handling any article dangerous or detrimental to life or
health, nor of any combustible article, except under such conditions as may be prescribed by the Designated
Officer of the Snow Lake Fire Services under authority of written permit issued by them.
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22.
Hazardous Materials. The Owner must ensure that a copy of the records of the inventory and annual
inspection of the hazardous materials contained in a property are available for reference by the
Designated Officer as per the Manitoba Workplace Safety and Health Act & Regulations.
23.
Heating Requirements. Vacant Commercial Buildings shall be heated so that the temperature therein
does not fall below 10 degrees Celsius unless an assessment performed by a professional structural
engineer licensed to practice in the Province of Manitoba has deemed it acceptable and safe for the
Commercial Building to remain without heat.
24.
Gas and Open Flame Appliances. All appliances within a Commercial Building using open flames
such as gas stoves, gas water heaters or other gas appliances must be in good repair and shall be
provided with suitable exhaust piping or flues or other adequate means for the removal of the products
of combustion.
25.
Ventilation.
(a) Every basement, cellar, crawl space or similar enclosed space within a Commercial Building must be
ventilated sufficiently to prevent the occurrence of mold, mildew, and condensation and shall provide an
exchange of fresh air.
(b) All open or enclosed spaces within a Commercial Building shall be adequately ventilated, and access of
sufficient size to permit entry shall be provided.
26. Plumbing. All plumbing in a Commercial Building including but not limited to plumbing fixtures, drains,
water pipes and connecting lines to the water and sewer system shall be protected from freezing, shall be
maintained in good working order. All plumbing shall be free from leaks and defects and meet the
requirements of the Town of Snow Lake's Building Bylaw.
27.
Electrical Services.
(a) Commercial Buildings shall be hardwired to an electrical power supply system. A continuous supply of
hardwired electric power must be available to all areas of the Commercial Building which shall include,
but will not be limited to, the minimum lighting requirements deemed necessary by the Code.
(b) The capacity of the electrical service to the Commercial Building, and the system of circuits distributing
the electrical service throughout the Commercial Building, shall be adequate for the actual or intended
use of the Commercial Building. The Designated Officer may require that a Certificate of Approval
from Manitoba Hydro be provided for the commercial building.
28. Fire Safety Plan. The Owner of a Commercial Building to which Part 3 of the Manitoba Building Code
applies, or a Commercial Building to which Part 9 of the Manitoba Building Code applies and in which a
fire alarm or sprinkler system has been installed, must submit a fire safety plan with the Designated Officer
within 90 days of the Commercial Building being identified as Vacant.
29. Fire Protection Systems. A fire protection system must remain operational and be connected to an
approved fire signal receiving centre in compliance with CAN/ULC-S561-03, adopted and published by the
Underwriter's Laboratories of Canada, so that Snow Lake Fire and Emergency Services is notified of a fire
alarm activation in the Commercial Building.
THE VACANT AND DERELICT BUILDING BYLAW NO. 981-21
MAINTENANCE STANDARDS FOR VACANT RESIDENTIAL BUILDINGS REGULATION
In this Regulation:
CERTIFICATE of OCCUPANCY / REOCCUPANCY means an occupancy certificate issued under Section 1
of Schedule A, "Maintenance Standards for Vacant Commercial Buildings" or Section 1 and 2 of Schedule B,
"Maintenance Standards for Vacant Residential Buildings" of this Bylaw, as applicable;
CODE means the Manitoba Building Code as adopted by Manitoba Regulation 31/2011 pursuant to the
Buildings and Mobile Homes Act, RSM 1987, c.B93 as amended from time to time, or any subsequent
Manitoba Building Code which may be enacted;
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DESIGNATED OFFICER means the Chief Administrative Officer of the Town of Snow Lake and any
employee of the Town to whom they have delegated authority or duty granted or imposed under the Vacant and
Derelict Building Bylaw;
DWELLING includes any Residential Building, part of a Residential Building, mobile home, trailer, or other
covering or structure, the whole or any portion of which has been used for the purposes of human habitation
with the land and premises belonging thereto and all accessory buildings, fences, or erections thereon or therein,
and every Dwelling unit within the Residential Building;
OWNER means the registered property Owner of the land and premises and includes:
(a) The person that for at all material times is managing or receiving the rent of the land or premises in
connection with which the word "Owner" is used, whether on their own account or as agent or trustee
for any other person;
(b) The person who would so receive the rent if such land and premises were let;
(c) The vendor of such land under an offer to purchase or an agreement for sale who has paid any land taxes
thereon after the effective date of the agreement;
(d) The person that at all material times is receiving installments of the purchase price of the land or
premises in connection with which the word "Owner" is used, sold under an offer to purchase or an
agreement for sale whether on their own account or as an agent or trustee of any other person; or
(e) The person who would so receive the installments of the purchase price if such land or premises were
sold under and offer to purchase or an agreement for sale.
RESIDENTIAL BUILDING means a building primarily designed for or has been used for residential
occupancy by way of a Dwelling unit(s), but may also be designed for or used for a secondary occupancy;
VACANT RESIDENTIAL BUILDING means a previously occupied Residential Building or unit thereof that is
not presently being used or occupied for which a Vacant Building Certificate has been issued; and
VACANT BUILDING CERTIFICATE means a certificate issued to a vacant Commercial Building that is in
compliance with the provisions of the Vacant and Derelict Building Bylaw.
1.
Re-occupancy of Vacant Residential Buildings. Prior to re-occupancy, a Vacant Residential Building
for which a Vacant Building Certificate has been issued must comply, or be made to comply with the Town of
Snow Lake Building Bylaw.
2.
Certificate of Re-Occupancy.
(a) A certificate of Re-Occupancy is required for all Vacant Residential Buildings for which a Vacant
Building Certificate has been issued prior to re-occupancy.
(b) A Vacant Residential building may require upgrading, including but not limited to, in order to meet the
following objectives of the Code prior to re-occupancy: Safety, Health, Accessibility for persons with
disabilities, and Fire and structural protection of Residential Buildings.
3. Exterior Aesthetic Condition. The Designated Officer may require the repair or replacement of any
exterior feature should the feature be in a condition that is deemed unsightly. Exterior features, include but
are not limited to, the following: Exterior purging, Exterior wall finish, Roofs and Eaves, Doors and
Windows, Porches, Attached / Detached Garages, Stairs, Steps, or any other feature appurtenant to the
property, Decks and Patios, and Fences.
4.
Foundation Walls and Foundation Supports.
(a) Every foundation wall forming part of a Residential Building shall be maintained in good repair and
structurally sound so as to prevent undue settlement of the Residential Building or the entrance of
moisture, insects, or rodents. Where necessary the foundation walls shall be so maintained by shoring of
the walls, installing of subsoil drains at the footing, grouting masonry cracks and by parging and
waterproofing.
(b) Where any Residential Building is on a surface foundation and the Designated Officer is of the opinion
that there is settlement or rotting of the beams or joists to such a degree as to adversely affect the
habitability of the Residential Building, the Residential Building may be required to be jacked up, floors
be levelled, broken or rotted flooring be renewed, and a concrete surface foundation be constructed or
14 | P a g e
concrete piers be installed in compliance with the provisions of the Town of Snow Lake's Building
Bylaw.
(c) Basement walls and floors shall be of material impervious to ground or other external moisture factors.
The floor shall be so constructed as to effectively drain all water into a floor drain which is connected to
a sewerage system or some other approved system.
5.
Structurally Sound.
(a) Basement, cellar or crawl space floors shall be maintained in good repair and structurally sound and
where necessary shall be so maintained by the installation of subsoil drains at the footing, grouting
cracks, parging and damp proofing.
(b) Every part of a Residential Building shall be maintained in a structurally sound condition so as to be
capable of sustaining safely its own weight and any load to which it may be subject.
(c) Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or
replaced.
(d) The Designated Officer may require that a structural analysis of the Residential Building, or a portion
thereof, be carried out by a professional structural engineer licensed to practice in the Province of
Manitoba.
6.
Exterior Walls.
(a) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other
conditions which might admit the entry of rodents or other pests, rain or dampness to the interior
portions of the walls or the interior spaces of the Residential Building. Such defective materials or
objects shall be removed, repaired, or replaced.
(b) All exterior surfaces shall be made of materials which provide adequate protection from the weather.
(c) The exterior walls and their components shall be maintained in a manner that prevents their deterioration
due to weather. Maintenance of the exterior walls and their components may consist of wall restoration
or repair, coping, or flashing, waterproofing of the joints and walls, or coverage with an acceptable
protective surface where this is necessary to resist deterioration of the structural surface.
7.
Roof.
(a) A roof includes the facia board, soffit, cornice, and flashing, all of which shall be maintained in a
watertight condition to prevent leakage into the Residential Building. Without limiting the generality of
this section, the required maintenance may include the eavestroughing and rainwater piping repair or
other means as deemed acceptable by the Designated Officer.
(b) The protective surface of a roof shall be maintained in good repair otherwise replacement of the
protective surface may be required if deemed necessary by the Designated Officer.
(c) Dangerous accumulations of snow or ice or both shall be removed from the roof of any Residential
Building or part thereof.
8. Dampness. The interior floors, ceilings, and walls shall be kept free from dampness that may result from
the entrance of moisture through an exterior wall, roof or through a cellar, basement, or crawl space floor.
9.
Doors and Windows.
(a) Every exterior door to a Residential Building and every door to a dwelling unit and every other door to
rooms occupied by boarders or lodgers, when closed, shall fit reasonably well within its frame and shall
have hardware so it is capable of being locked from both inside and outside.
(b) All doors to dwelling units and/or boarding or lodging units must allow persons within the respective
unit to exit without use of a key and must not be secured with a lock or hasp.
(c) All windows intended to be opened shall be equipped with hardware so they are capable of being locked
or otherwise secured from the inside of the Residential Building. Every window shall be properly
glazed and in good repair.
(d) All windows, doors, basement or cellar hatchways and their frames shall be constructed and maintained
in regards to wall construction, to completely exclude rain and to exclude wind from entering the
structure.
(e) The Designated Officer may require the repair/replacement of doors, door frames, window frames,
sashes casings and door and window hardware, or the refitting of doors and windows, installation of
weather-stripping and window re-glazing.
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(f) Every opening in an exterior wall used or required for ventilation or illumination, and is not protected by
a window or door, and may permit the entry of rodents or vermin shall be screened with wire mesh,
metal grille, or other durable material, or otherwise protected to effectively prevent the entry of rodents
or vermin.
10.
Screens and Storm Doors.
(a) Close-fitting screen doors when provided shall be maintained in good conditon
(b) Storm sashes used in windows required for ventilating purposes shall be provided with sliding or
hinged sub-sashes or with any other opening device satisfactory to the Designated Officer.
(c) Where storm windows are installed in a Residential Building, such windows shall be kept in
good repair and glazed.
(d) Where considered necessary by the Designated Officer, properly fitting storm doors or storm
windows shall be provided in a Residential Building.
11.
Porches, Sheds, Stairs. Every porch, shed, and stairway in, on or appurtenant to a property shall be
maintained in good repair so that no component is broken, loose, rotted, warped, out of plumb, off-level or out
of alignment to which it was designated or constructed, or is without a protective surface.
12.
Handrails and Guards.
(a) Every interior stair that has more than two risers shall have the sides of the stair and the landing or floor
level around the stair well enclosed by walls or protected by guards at least 900 mm in height on both
sides.
(b) Handrails for stairs shall not be less than 800 mm and not more than 965 mm above a line drawn
through the outside edges of the stair nosings and 1070 mm above landings.
(c) Every exterior stair with more than three risers and every exterior landing or porch exceeding 600 mm
or more above grade, and every balcony, mezzanine, gallery, raised walkway, and roof, to which access
is provided for other than maintenance purposes, shall be protected by guards.
(d) All guards shall be at least 1070 mm high, except for guards within dwelling units, guards within houses
with secondary suites and guards around interior flights of stairs which shall be at least 900 mm in
height above a line drawn through the outside edges of the stair nosings.
(e) Guards around exterior stairs and landings not more than 1.8 m above the adjacent ground level shall be
at least 900 mm in height. Guards around exterior stairs and landings more than 1.8 m above the
adjacent ground level shall be at least 1070 mm in height.
(f) Openings through a guard shall be sized to prevent the passage of spherical objects having a diameter of
100 mm.
(g) All handrails and guards shall be maintained in good repair and shall be firmly attached to provide
adequate protection against accident and injury.
13.
Exterior Fire Escapes.
(a) A fire escape may be considered a second and separate means of egress for a Residential Building,
provided it is constructed in conformance with the Code.
(b) An existing fire escape will be acceptable as an exit provided it is in safe condition as determined by the
Designated Officer. If repairs are required, those repairs shall be made in conformance to the Code.
(c) If a new fire escape is required, it is to be constructed entirely in conformance with the Code and prior to
construction, drawings and material specifications are required to be submitted to the Designated Officer
for approval.
(d) Where the construction of a new fire escape or the repair an existing fire escape is required, the
Designated Officer may require that a structural analysis be performed on said fire escape by a
professional structural engineer licensed to practice in the Province of Manitoba and that all remedial
action cited in the aforementioned structural analysis be completed to the satisfaction of the professional
structural engineer.
14.
Walls and Ceilings.
(a) Every wall and ceiling in a Residential Building including door jams and stops, baseboards, and other
components, shall be maintained in good condition and free from holes, large cracks, loose plaster, and
accident hazards. The Designated Officer, where they deem necessary, may require that any of the
aforementioned components be renewed.
(b) Waterproof wall finish shall be provided: To a height of at least 1.8 m above the floor in shower stalls,
to at least 1.8 m above the floor in shower stalls, to a height of at least 1.2 m above the rims of bathtubs
16 | P a g e
equipped with showers and to a height of at least 400 mm above the rims of bathtubs not equipped with
showers.
(c) Acceptable waterproof wall finishes include ceramic, plastic, or metal tile, sheet vinyl, tempered
hardboard, laminated thermosetting decorative sheets or linoleum.
15.
Floors.
(a) Every floor shall be free of loose, warped, protruding or rotting floor boards, shall be free of holes or
cracks and other defects that could be fire or accident hazards, and shall be maintained in a clean and
sanitary condition.
(b) Floor coverings shall be in good repair, well fitted and capable of being easily kept clean.
16.
Sewage and Drainage.
(a) No roof drainage or surface drainage shall be discharged on stairs or neighbouring property and all such
drainage shall be conveyed so that it does not cause dampness in the walls, ceilings, or floors of any
portion of the Residential Building itself or any adjacent Residential building.
(b) Sewage shall only be discharged into a sewerage system in accordance with the environmental standards
of the Province of Manitoba.
(c) Sewage shall not be discharged onto the surface of the ground whether it be a whether it be a natural or
artificial drainage system or otherwise.
(d) Rainwater shall not be discharged into the Town of Snow Lake's sewerage system by means of conduit.
Such drainage shall be directly or indirectly channelled into the storm sewer system or into surface
drainage channels.
17.
Water Supply.
(a) Every dwelling shall be provided with an adequate supply of potable running water.
(b) Every sink, wash basin, bathtub or shower that is used for sanitary purposes in a dwelling shall have an
adequate supply of hot and cold running water and every water closet shall have an adequate supply of
running water.
(c) Hot water supplied to a dwelling shall be capable of meeting a minimum temperature of 43 degrees
Celsius at each tap.
18.
Maintenance of Yards.
(a) A yard shall be kept free and clean from: rubbish, garbage, other debris, wrecked, dismantled, partially
dismantled vehicles, trailers and other machinery or any parts thereof; and objects and conditions,
including holes and excavations, that are health, fire or accident hazards.
(b) A yard shall be graded in such a manner as to prevent the excessive or recurrent ponding of storm water
or the entrance of water into a basement or cellar and shall be cultivated or protected with a suitable
ground cover to prevent the erosion of the soil.
(c) Vegetation in yards surrounding Vacant dwellings must be kept trimmed or in a manner that is
reasonably satisfactory to the Designated Officer.
19.
Walks.
(a) A walk shall be provided from the principal entrance of every Residential Building to a public street or
to a driveway affording access to a public street or to a driveway affording access to a public street and
such walk shall be kept reasonably clear of snow and ice.
(b) Every sidewalk, driveway and parking space and all exterior steps shall be kept in good repair and shall
be maintained so as to afford safe passage under normal use and weather conditions.
20. Fences and Accessory Buildings. All fences and accessory buildings shall be kept weather resistant, in
good repair, and free from health, fire, and accident hazards.
21. Garbage Disposal. Garbage disposal shall be in accordance with the Town of Snow Lake's Garbage and
Recycling Bylaw.
22. Unsafe Conditions and Dangerous Buildings. When a Residential Building or structure or part thereof, or
a well, excavation or opening, is in an unsafe condition, the Designated Officer may proceed to take action
17 | P a g e
pursuant to the provisions contained in the Town of Snow Lake's Building Bylaw as it relates to unsafe
conditions.
23. Hazardous Conditions. No Residential Building, or any part thereof, or the lot upon which it is situated
shall be used as a place for storage, keeping or handling of any article dangerous or detrimental to life or
health, nor of any combustible article, except under such conditions as may be prescribed by a Designated
Officer of the Snow Lake Fire and Emergency Services under authority of written permit issued by them.
24. Hazardous Materials. The Owner must ensure that a copy of the records of the inventory and annual
inspection of the hazardous materials contained in a property are available for reference by the Designated
Officer as per the Manitoba Workplace Safety and Health Act & Regulations.
25.
Heating Requirements.
(a) Residential Vacant Buildings shall be heated so that the temperature therein does not fall below 10
degrees Celsius.
(b) Any space within a Residential Building containing fuel-burning equipment shall have a natural or
mechanical means of supplying fresh air for combustion and shall be vented in compliance with the
Code.
(c) All chimneys, smoke pipes, and flues of a Residential Building shall not permit any gases, water or other
liquid to leak into the dwelling, shall be clear of obstructions and shall have no defective masonry or
metal components.
(d) Where a heating system or part of a heating system in a Residential Building burns solid or liquid fuel, a
receptacle approved by the Department of Labour for the storage of fuel must be provided and
maintained in a location that is free from fire or other hazards.
(e) A Designated Officer may require that a Certificate of Approval from Manitoba Hydro be provided for a
fuel-burning appliance.
(f) Every fireplace used or intended to be used in a Residential Building for burning fuels in open fires shall
be maintained so that adjacent combustible material and structural members shall not be heated to
unsafe temperatures.
(g) Solid fuel burning appliance must comply with the latest standards referenced in the Code.
26. Gas and Open Flame Appliances. All appliances within a Residential Building using open flames such as
gas stoves, gas water heaters or other gas appliances must be in good repair and shall be provided with
suitable exhaust piping or flues or other adequate means for the removal of the products of combustion.
27.
Ventilation.
(a) Every basement, cellar, crawl space or similar enclosed space within a Residential Building must be
ventilated sufficiently to prevent the occurrence of mold, mildew, and condensation and shall provide an
exchange of fresh air.
(b) All open or enclosed spaces within a Residential Building shall be adequately ventilated, and access of
sufficient size to permit entry shall be provided.
28. Plumbing. All plumbing in a Residential Building including but not limited to plumbing fixtures, drains,
water pipes, and connecting lines to the water and sewer system shall be protected from freezing, shall be
maintained in good working order. All plumbing shall be free from leaks and defects and meet the
requirements of the Town of Snow Lake Building Bylaw.
29.
Electrical Services.
(a) Residential Buildings shall be hardwired to an electrical supply system. A continuous supply of
hardwired electric power must be available to all areas of the Residential Building which shall include,
but will not be limited to, the minimum lighting requirements deemed necessary by the Code.
(b) The capacity of the electrical service to the Residential Building and the system of circuits distributing
the electrical service throughout the Residential Building shall be adequate for the actual or intended use
of the Residential Building. A Designated Officer may require that a Certificate of Approval from
Manitoba Hydro be provided.
30. Smoke Alarm and Carbon Monoxide Alarm Systems. All Residential Buildings used as revenue earning
or rental dwelling units, shall contain at least one smoke alarm or carbon monoxide (CO) alarm certified by
the Underwriters Laboratories of Canada (ULC) or Canadian Standards Association (CSA).
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THE VACANT AND DERELICT BUILDING BYLAW NO 981-21
MAINTENANCE STANDARDS FOR BOARDED BUILDINGS REGULATION
In this Regulation:
BOARDED BUILDING means an unoccupied Building in which any door, window, or other opening has been
covered for more than seven (7) days by affixing wood, metal or some other material over it to prevent entry;
BUILDING means any structure used or intended for supporting or sheltering any use or any occupancy and
includes any residential building or commercial building;
CERTIFICATE OF OCCUPANCY / REOCCUPANCY means an occupancy certificate issued under Section 1
of Schedule A, "Maintenance Standards for Vacant Commercial Buildings" or Section 1 and 2 of Schedule B,
"Maintenance Standards for Vacant Residential Buildings" of this Bylaw, as applicable;
CODE means the Manitoba Building Code as adopted by Manitoba Regulation 31/2011 pursuant to the
Buildings and Mobile Homes Act, RSM 1987, c.B93, as amended from time to time, or any subsequent
Manitoba Building Code which may be enacted;
DESIGNATED OFFICER means the Chief Administrative Officer of the Town of Snow Lake and any
employee of the Town to whom has delegated authority or duty granted or imposed under the Vacant and
Derelict Building Bylaw; and
HERITAGE BUILDING means a Building possessing architectural, aesthetic, historic, or cultural values which
is declared as a "Heritage Building" by the Town of Snow Lake.
OWNER means the registered property Owner of the land and premises and includes:
(a) The person that for at all material times is managing or receiving the rent of the land or premises in
connection with which the word "Owner" is used, whether on his own account or as agent or trustee of
any other person;
(b) The person who would so receive the rent if such land and premises were let;
(c) The vendor of such land under an offer to purchase or an agreement for sale who has paid any land taxes
thereon after the effective date of the agreement;
(d) The person that at all material times is receiving installments of the purchase price of the land or
premises in connection with which the word "Owner" is used, sold under an offer to purchase or an
agreement for sale whether on their own accord or as an agent or trustee of any other person; or
(e) The person who would so receive the installments of the purchase price of such land or premises were
sold under an offer to purchase or an agreement for sale;
1.
Re-Occupancy of Boarded Commercial or Boarded Residential Buildings.
Prior to re-occupancy of a Boarded Building, the Building shall be in compliance with the re-occupancy
standards of this Bylaw as outlined in Schedule A, "Maintenance Standards for Vacant Commercial
Buildings" or Schedule B, "Maintenance Standards for Vacant Residential Buildings".
2.
Heritage Buildings. Repairs, alterations and additions necessary for the preservation, restoration,
rehabilitation or continued use of a Building or structure may be made without conformance to all
requirements of the Code when authorized by a Designated Officer, provided: the Building or structure
has been designated as a Heritage Building, any unsafe conditions as described in the Code or this
Bylaw are corrected , and the restored Building or structure will be no more hazardous with respect to
life safety, fire safety, and sanitation than the existing Building.
3.
Structurally Sound.
(a) Basement, cellar or crawl space floors shall be maintained in good repair and structurally sound and
where necessary shall be so maintained by the installation of subsoil drains at the footing, grouting,
cracks, parging and damp-proofing.
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(b) Every part of the Building shall be maintained in a structurally sound condition so as to be capable of
sustaining safely in its own weight and any load to which it may be subject.
(c) Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or
replaced.
(d) The Designated Officer may require that a structural analysis of the Building, or a portion thereof, be
carried out by an professional structural engineer licensed to practice in the Province of Manitoba and
any remedial action deemed necessary by said structural analysis shall be completed forthwith and to the
satisfaction of the professional structural engineer.
4.
Exterior Walls.
(a) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other
conditions which might admit the entry of rodents or other pests, rain or dampness to the interior
portions of the walls or the interior spaces of the Building. Such defective materials or objects shall be
removed, repaired, or replaced.
(b) All exterior surfaces shall be made of materials which provide adequate protection from the weather.
(c) The exterior walls and their components shall be maintained in a manner that prevents their deterioration
due to weather. Maintenance of the exterior walls and their components may consist of wall restoration
or repair, coping, or flashing, waterproofing of the joints and walls, or coverage with an acceptable
protective surface where this is necessary to resist deterioration of the structural surface.
5.
Roof.
(a) A roof includes the facia board, soffit, cornice and flashing, all of which shall be maintained in a
watertight condition to prevent leakage into the Building. Without limiting the generality of this section,
the required maintenance may include the eavestroughing and rainwater piping repair or other means as
deemed acceptable by the Designated Officer.
(b) The protective surface of a roof shall be maintained in good repair to resist its deterioration or
replacement of the protective surface may be required if deemed necessary by the Designated Officer.
(c) Dangerous accumulations of snow or ice or both shall be removed from the roof of any Building or part
thereof.
6. Dampness. The interior floors, ceilings, and walls shall be kept free from dampness that may result from
the entrance of moisture through an exterior wall, roof, or through a cellar, basement or crawl space floor.
7. Porches, Sheds, Stairs, Attached/Detached Garages. Every porch, shed, stairway, and attached/detached
garage in, on or appurtenant to a Building shall be maintained in good repair so that no component is
broken, loose, rotted, warped, out of plumb, off level, or out of alignment to which it was designed or
constructed, or is without a protective surface.
8.
Sewage and Drainage.
(a) No roof drainage or surface drainage shall be discharged on stairs or neighbouring property and all such
drainage shall be conveyed so that it does not cause dampness in the walls, ceilings or floors of any
portion of the Building itself or any adjacent Building.
(b) Sewage shall only be discharged only into a sewerage system in accordance with the provisions of the
Town of Snow Lake policies and relevant Bylaws.
(c) Sewage shall not be discharged onto the surface of the ground whether it be a natural or artificial
drainage system or otherwise
(d) Rainwater shall not be discharged into the Town of Snow Lakes's sewerage system by means of a
conduit. Such drainage shall be directly or indirectly channeled into the storm sewer system or into
surface drainage channels. Drainage by way of weeping tiles into the Town of Snow Lake's sewerage
system shall be allowed.
(e) Disconnection of sewage systems shall be in compliance with the Town of Snow Lake's Bylaws and
Policies.
9.
Maintenance of Yards.
(a) A yard shall be kept free and clean from: rubbish, garbage, and other debris, wrecked, dismantled,
partially dismantled vehicles, trailers and other machinery or any parts thereof, and objects and
conditions, including holes and excavations, that are health, fire or accident hazards.
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(b) A yard shall be graded in such a manner as to prevent the excessive or recurrent ponding of storm water
or the entrance of water into a basement or cellar and shall be cultivated or protected with a suitable
ground cover to prevent erosion of the soil.
(c) Vegetation in yards surrounding Boarded Buildings must be kept trimmed or in a manner that is
reasonably satisfactory to the Designated Officer.
10.
Fences. All fences shall be kept weather resistant, in good repair, and free from health, fire and accident
hazards.
11.
Garbage Disposal. Garbage disposal shall be in accordance with the Town of Snow Lake's Garbage
and Recycling Bylaw.
12.
Unsafe Conditions and Dangerous Buildings. When a Building or structure or part thereof, or a well,
excavation or opening, is in an unsafe condition, the Designated Officer may proceed to take action pursuant to
the provisions contained in the Town of Snow Lake's Building Bylaw as it relates to unsafe conditions.
13.
Hazardous Conditions. No Building, or any part thereof, or the lot upon which it is situated shall be
used a place of storage, keeping or handling of any article dangerous or detrimental to life or health, nor of any
combustible article, except under such conditions as may be prescribed by a Designated Officer of the Snow
Lake Fire and Emergency Services under authority of a written permit issued by them.
14.
Hazardous Materials. The Owner must ensure that a copy of the records of the inventory and annual
inspection of the hazardous materials contained in a property are available for reference by the Designated
Officer as per the Manitoba Workplace Safety and Health Act & Regulations.
15.
Boarding Requirements for All Structures On Property.
(a) All doors, windows, and other openings at the basement and first floor levels shall be covered with a
solid piece of plywood, at least 11 mm thick and the plywood shall be secured with nails at least 50 mm
long, spaced not more than 150 mm on centre;
(b) Unless otherwise accepted by the Designated Officer, all doors, windows and other openings on the
second and third floors shall be covered with a solid piece of plywood, at least 8 mm thick that shall be
adequately nailed or otherwise secured;
(c) The principal entrance for the Building shall be covered with a solid piece of plywood at least 11 mm
thick, secured with screws 50 mm in length, spaced not more than 150 mm on centre;
(d) Plywood applied to openings shall be installed from the exterior for all openings on the first and second
floor levels and may be installed from on either the interior or exterior for openings located on the third
floor and higher. All plywood shall be fitted within the frames in a manner acceptable to the Designated
Officer and shall be painted with two coats of white paint on the exterior side;
(e) Openings that are not covered with plywood shall be cleared of broken glass and any other loose
material;
(f) Exterior access to floor areas above the first floor, such as fire escapes and ladders shall be: removed up
to the second floor level or to a height of four (4) metres above the ground, whichever is lesser; or
guarded to the satisfaction of the Designated Officer;
(g) Openings to passageways shall be adequately secured and protected. Openings in a street or sidewalk to
any passageways shall be covered with an appropriate metal plate, having a thickness not less than 8 mm
and the plate shall be anchored or secured to prevent it from shifting. Alternatively, the area may be
filled with concrete or unshrinkable fill to the satisfaction of the authority having jurisdiction;
(h) Facia signs, overhanging signs, roof signs and all other appurtenances, such as sun visors or awnings,
shall be removed if they are in a dangerous condition or could create such a condition;
(i) All loose material on the exterior of the Building shall be removed and any condition which may
become a hazard or danger to the public shall be corrected; and
(j) Utilities, including but not limited to, hydro, gas, and water, shall be cut off or shut off to the satisfaction
of the utility concerned.