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TOWN OF STEWIACKE
BY-LAW NUMBER 2006 - 15
1. Short Title
This By-law may be cited as the "Minimum Housing and Standards By-law".
2. Interpretation
In this By-law, unless the context otherwise requires, the expression:
a) "accessory building" means a detached subordinate building or structure on
the same lot as the main building;
b) "alteration" means change to the structural component of a building or to
increase the volume of a building ;
c) "building"
includes any structure or part thereof, whether temporary or
permanent, used or built for the shelter, accommodation or enclosure of
persons and includes any external chimney, stairway, porch or balcony;
d) "building official"
means the building inspector of the Town of Stewiacke;
e) "Council"
means the council of the Town of Stewiacke;
f) "dwelling"
means any building, part of a building, 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 purpose of human habitation with the land and
premises appurtenant thereto containing cooking, eating, sleeping and
bathroom facilities;
g) "dwelling unit"
means a room or suite of rooms occupied or capable of
being occupied as an independent and separate housekeeping establishment;
h) "exclusive possession"
means the occupancy of a dwelling or dwelling
unit by other than the owner by virtue of a written lease or by notice of the
consent of the owner ;
i) "habitable room"
means any room in a dwelling or dwelling unit used or
intended to be used for living, sleeping, cooking or eating purposes;
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j) "non-habitable room"
means an area of a building other than a habitable
room in a dwelling or dwelling unit and includes the following;
i. a bathroom or shower room;
ii. a toilet room;
iii. a laundry room;
iv. a boiler or furnace room;
v. a pantry;
vi. a closet;
vii. a corridor or hall;
viii. a foyer;
ix. a stairway;
x. a lobby;
xi. a recreation room used as a common room for all tenants in a
building, or other space used for access, service or maintenance of
the dwelling.
k) "occupant"
means any person over the age of nineteen years in exclusive
possession of the property;
l) "owner"
includes:
i. a part owner, joint owner, tenant in common or joint tenant of the
whole or any part of land or a building;
ii. in the case of the absence or incapacity of the person having title to
the land or building, a trustee, an executor, a guardian, an agent, a
mortgagee in possession or a person having the care or control of
the land or building, and
iii. in the absence of proof to the contrary, the person assessed for the
property;
m) "person"
includes any person, male or female, and any body corporate
and any partnership;
n) "repair"
includes the taking of such action to bring any property under
the jurisdiction of this by-law up to the standards set by this by-law;
o) "yard" includes an unoccupied space on the same lot with a building extending
along the length of the street, rear lot line or side lot line.
3. General Requirements
3.1 Every owner of dwelling in the Town of Stewiacke shall maintain the dwelling
in accordance with the standards set out in sections 4, 5 and 6 of this by-law.
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3.2 Every occupant of a dwelling in the Town of Stewiacke shall maintain that
portion of the dwelling within his exclusive possession in accordance with the
standards in Section 7 of this By-law.
3.3 The standards of this By-law are minimum standards and nothing in this By-law
shall exempt any person from complying with the requirements of any other
By-law in force within the Town of Stewiacke or from obtaining any license,
permission, permit, authority, or approval required by any By-law of the Town
of Stewiacke or statute and regulations of the Province of Nova Scotia
3.4
Where the provisions of this By-law conflict with those of other municipal or
provincial regulations, by-laws, or codes, the higher or more stringent
requirement shall apply.
4. Standards for yards and accessory buildings.
4.1
Yards
Yards shall be kept clean and free from garbage and debris
4.2
Walks, Steps, Driveways, and Parking Areas
Steps, walks, driveways, parking areas and similar areas of a yard shall be
maintained to afford safe passage under normal use and weather conditions.
4.3
Accessory Buildings
Accessory buildings shall be maintained in good repair and free from hazards
or conditions which may affect health or cause fire or accidents.
5. Standards for Buildings
5.1
Foundations
Foundation shall be constructed of masonry, concrete or other acceptable
material and designed to adequately support the loads imposed on them.
5.2
Basements and unheated Crawl Spaces
Every basement, cellar, crawl space and similar space shall be adequately
ventilated to the outside air and adequately drained.
5.3
Structural Soundness
Structural components of a building shall be free from serious deterioration,
loose joints, sagging or bulging and shall be capable of sustaining safely the
weight of the building and any load to which it may be normally subjected.
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5.4
Floors
Every floor shall be kept reasonably level and smooth and maintained in good
condition
5.5
Exterior Walls
i. Exterior walls and their components shall be adequate to support the loads
imposed upon them and shall be maintained to prevent their deterioration
due to the weather or insects.
ii. All exterior walls shall have an acceptable cladding or covering, free of
holes, cracks, or excessively worn surfaces, to prevent the entry of
moisture into the structure and provide reasonable durability.
5.6
Interior Walls and Ceilings
i. Every interior wall and ceiling shall be maintained in a clean condition free
from holes, loose coverings or other materials or defects which may
increase the spread of fire.
ii. Where fire resistant walls exist between separate dwelling units, they shall
be maintained in a condition which retains their fire resistant quality.
iii. Load bearing walls or columns shall be adequate to support the loads
imposed upon them.
5.7
Roofs
i. All roof construction components shall provide adequate support for all
probable loads, and form a suitable base for the roof covering.
ii. A roof including the facia board, soffit, cornice and flashing shall be
maintained in a watertight condition so as to prevent leakage of water into
the dwelling.
5.8
Doors
i. Doors and frames shall be in sound condition and operate satisfactorily.
ii. Entrance or exterior doors in dwellings or dwelling units shall be capable
of being locked from both inside and outside.
5.9
Windows
Windows including hardware shall provide acceptable light and ventilation,
operate satisfactorily and be in an acceptable condition with no loose glass,
defective putty or hardware.
5.10
Porches, Stairs and Balconies
i.
Every porch, stairway or balcony in or appurtenant to a building shall be
maintained in good repair, free from holes, cracks, excessive wear and
defects which constitute a safety hazard.
ii. Stairs and balconies shall have handrails or safety rails in accordance with
the most recent version of the National Building Code.
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5.11
Egress
Every dwelling or dwelling unit shall have a safe, continuous and unobstructed
passage from the interior of the dwelling or dwelling unit to the exterior and
shall not pass through a room contained in another dwelling or dwelling unit.
5.12
Heating
i. Every dwelling or dwelling unit shall be equipped with a suitable heating
system capable of maintaining an indoor temperature in accordance with
the National Building Code.
ii. The heating system shall be maintained in good working condition so as to
be capable of heating the dwelling or dwelling unit safely to the required
standard.
iii. Where a heating system or part thereof or any auxiliary heating system or
unit burns solid or liquid fuel, a place or receptacle for storage of the fuel
shall be provided and maintained in a convenient and safe location free
from fire and accident hazard.
iv. Fuel fired heating appliances shall be located in areas and locations so as
not to create a fire or accident hazard or obstruct an egress from a
dwelling or dwelling unit.
v. Chimneys, smoke pipes, connections, etc. shall be maintained in good
working order and be capable of conveying spent gases to the exterior of
the building safely.
5.13
Electrical Services
All electrical wire and electrical equipment shall comply with the most recent
standards of the Canadian Electrical Code as set out in the National Building
Code.
5.14
Plumbing
i.
All plumbing, pipes and related fixtures shall be maintained in sound
condition and in accordance with the national Plumbing Code.
ii. All water pipes and appurtenances thereto shall be protected from
freezing.
5.15
Light and Ventilation
i.
Every habitable room shall be provided with one or more windows facing
directly on a street, yard or court, or a system of mechanical ventilation
acceptable to the building official, which may be used in lieu of such
window or windows.
ii. Every bathroom or room containing a toilet or urinal shall be provided
with ventilation by means of:
a. one or windows facing upon a street , court, yard or air well; or
b. one or more windows opening into a vent shaft which extends to and
through the roof or into a court, yard, or air well; or
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c. a separate duct or noncombustible material not less than twelve square
inches in cross section, which extends independently of any duct used
for other purposes, to and through the roof; or
d. a ventilating sky light; or
e. other approved means of mechanical ventilation in accordance with the
National Building Code.
iii. All windows required by this by-law for the purposes of ventilation shall
be capable of being opened to an extent of at least thirty percent of the
glass area required for such windows. Nothing in this clause, however,
shall be deemed to require double windows or storm windows to be
installed so as to permit them to be opened as herein provided, unless
such ventilation is required in accordance with the National Building
Code.
5.16
Bathroom Facilities
i.
Every dwelling or dwelling unit shall be provided with at least one water
closet, wash basin and bathroom or shower, connected to a piped supply
of potable water and an acceptable means of sewage disposal.
ii. All bathrooms shall be fully enclosed and have a lockable door to provide
privacy, where accessible to the public. Where practicable, a wash basin
shall be located in the same room as the water closet.
5.17
Kitchens
Every dwelling or dwelling unit shall contain a kitchen area equipped with a
sink, served with hot and cold running water, storage facilities and a counter
top work area. Space shall be provided for a stove and a refrigerator.
5.18
Bedrooms
i. No part of a dwelling or dwelling unit except a habitable room shall be
used for sleeping purposes.
ii. A room used for sleeping purposes shall have a floor area of at least sixty
square feet and shall have a minimum of forty square feet of floor area for
each person using the room.
5.19
Pests
All buildings shall be kept free of rodents, vermin and other insects and
appropriate extermination measures shall be taken as necessary.
6.
General
6.1
Shared Facilities
Where a building contains more than one dwelling unit in which heating,
storage, refuse disposal and other facilities are shared, renovations, alterations
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and repairs shall satisfy the most recent requirements of the National Building
Code.
6.2
Fire Protection
i.
All construction materials shall satisfy the requirement of the National
Building Code, in order to retard the spread of fire and prevent the
passage of flame, smoke and hot gases through open or concealed spaced
within the building.
ii. Sufficient exits from the building shall be provided to assure safe egress in
case of fire.
7.
Occupants
7.1
All parts of a building which are occupied by a person other than the owner as
defined herein and which are in exclusive possession of the occupant as
defined herein, shall be kept free from rubbish, garbage and other debris,
objects and conditions that are health, fire or accident hazards.
7.2
The occupant of a dwelling unit shall maintain a safe, continuous and
undisturbed passage from the interior of the dwelling or dwelling unit to the
exterior of the dwelling unit.
7.3
Cooking, heating and domestic hot water equipment owned and installed by
the occupant shall be maintained in good working order and repair.
7.4
The occupant shall not use any area of the dwelling unit under his care or
control for sleeping purposes which is a non-habitable room.
7.5
The occupant shall not prepare or store food in a room containing a urinal or
water closet.
8.
Enforcement
8.1
Where an inspection is required or conducted pursuant to this By-law:
i. Except in an emergency, the building official shall not enter a room or
place actually being used as a dwelling without the consent of the occupier,
unless the entry is made in daylight hours and written notice of the time of
the entry is given to the occupier at least twenty-four hours in advance;
ii. And where a person refuses to allow the building official to exercise, or
attempts to interfere or interferes with the building official in the exercise
of a power granted pursuant to the Municipal Government Act, the
building official may apply to a judge of the Supreme Court of Nova Scotia
for an order
a. to allow the building official entry to the building; and
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b. restraining a person from further interference
8.2
Whenever the building official determines that there are reasonable grounds to
believe that there has been a violation of any provisions of this By-law, the
official shall give written notice of such alleged violation to the owner or
occupant of the dwelling containing such violation. Such notice shall:
i. Contain a statement of the point or points of non-compliance with this
By-law.
ii. Fix a period of time in which such owner or occupant must complete
whatever remedial action is necessary to eliminate the point or points of
non-compliance with this By-law and if the remedial action is completed
within the required time, then the non-compliance with this By-law shall
not be an offense
8.3
In the event of the failure of the owner or occupant, so served with notice to
remedy the violation within the required time, the Chief Administrative
Officer may apply to the Supreme Court for any or all of the remedies
provided for in Section 181 of the Municipal Government Act.
8.4
In the event of the failure of the person so served with notice to remedy the
violation within thirty days after such service, the person shall be liable upon
conviction to the penalties provided by Section 508 of the Municipal
Government Act.
Annotations for Official Bylaw Book
Date of first reading: August 17, 2006
Date of advertisement of Notice of Intent to Consider: November 10, 2006
Date of second reading: November 23, 2006
* Date of advertisement of Passage of By-law: December 9, 2006
Date of mailing to Minister a certified copy of By-law: January 12, 2007
I certify that this Minimum Housing and Standards By-law was adopted by Council and
published as indicated above.
January 12, 2007______
CAO / Clerk
Date
* Effective date of the by-lw unless otherwise specified in the text of the by-law