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1
THE TOWNSHIP OF ADMASTON/BROMLEY
BY-LAW NO. 2018-43
BEING a by-law to provide standards for the maintenance and occupancy of Urban and
Rural property within the Township of Admaston/Bromley.
WHEREAS the Council of the TOWNSHIP OF ADMASTON/BROMLEY is
empowered to enact a by-law pursuant to the provisions of Section 15.1(3) of The
Building Code Act, S.O. 1992 c.23 and amendments thereto.
AND WHEREAS pursuant to Section 15.6 of the Building Code, S.O. 1997 c.24, as
amended, a by-law passed under section 15.1 shall provide for the establishment of a
Property Standards Committee;
AND WHEREAS there are Official Plans in effect in the TOWNSHIP OF
ADMASTON/BROMLEY that includes provisions relating to property conditions;
AND WHEREAS under the Tenant Protection Act, S.O. 1997 c.24, as amended, the
Council of a local municipality may pass by-laws requiring landlords to provide adequate
and suitable vital services to each of the landlord's rental units;
NOW THEREFORE the Council of the TOWNSHIP OF ADMASTON/BROMLEY
HEREBY
ENACTS
that
all
property
owners
within
the
Township
of
Admaston/Bromley are required to comply with the following minimum standards of
maintenance occupancy:
PART I
DEFINITIONS
In this By-law,
1.1
"Accessory Building" means a use, building, or structure subordinate, incidental
and exclusively devoted to the main use, building or structure located on the same
lot therewith and not designed or intended for human habitation, unless
specifically permitted by this By-law.
1.2
"Alteration" means (as applying to a building) a change from one major
occupancy class or division to another, or to a structural change such as an
addition to the area and height, or the removal of part of a building, or any change
to the structure such as the construction, cutting into or removal of any wall,
partition, column, beams, joist, floor or other support, or a change of the fixtures
and equipment.
1.3
"Approved" means approved by the Property Standards Officer(s) for the
Township of Admaston/Bromley
1.4
"Barrier" means a structure constructed similarly to a fence and having a height
in excess of 2m (6.56 feet) from the ground.
1.5
"Basement" means a storey or storeys of a building located below the first storey.
1.6
"Building" means a structure as defined in the Building Code Act S.O. 1992,
c.23, Section 1. (1)(a) or part of a structure occupied or capable of being occupied
in whole or in part for its intended use and includes a vacant building or structure
that could be intended for such use except for its state of disrepair.
1.7
"Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling below the
average exterior finished grade.
1.8
"Commercial Property" means any property that is used or designed for the
purpose of offices or the retail and wholesale buying or selling of commodities
and includes any land or buildings that are appurtenant to such establishment and
all stairways, walkways, driveways, parking spaces and fences or any fixtures or
structures associated with the building or its yard.
1.9
"Committee" means the Property Standards Committee of the Township of
Admaston/Bromley members of which are members of the "Committee of
Adjustment".
1.10
"Derelict Vehicle" means any vehicle boat, trailer or part of any vehicle, boat or
trailer, that is in a wrecked, discarded, dismantled or partly dismantled. The
aforementioned does not preclude the occupant of any premises from repairing a
vehicle for his/her own use and not for commercial purposes.
1.11
"Dwelling" means a building occupied or capable of being occupied exclusively
as a home, residence or sleeping place by one or more persons, and one or more
families, but shall not include any motorhome construction trailer, travel trailer,
hotels, motels, a home for the aged, nursing home or hospital and includes a
building that could be intended for such use except for its state of disrepair.
1.12
"Dwelling Unit" means a room or a suite of rooms operated as a housekeeping
unit, used or intended to be used as a domicile by one or more persons and
supporting general living conditions usually including cooking, eating, living,
sleeping, and sanitary facilities.
1.13
"Excavation" means the space created by the removal of soil, rock or fill for the
purpose of construction.
1.14
"Farm" means lands, buildings and structures used for the growing of field
crops, fruit crops, tree crops, flower gardening, vegetable gardening, nurseries,
aviaries, apiaries, for grazing, breeding, raising, boarding or training of livestock,
the breeding and raising of poultry, forestry and reforestation but shall not
include kennels.
1.15
"Fence" means a structure constructed of materials such as wire mesh, solid
wood or boards, rail lattice, rod iron etc, having a height from the ground of 2m
(6.56 feet) or less. The ground shall be measured from the highest grade where
there is a discrepancy in heights between adjoining properties.
1.16
"First Storey" means the storey with its floor closest to grade and having its
ceiling more than 1.8 m (5' 11") above grade.
1.17
"Grade" means the average level of proposed or finished ground adjoining a
building at all exterior walls.
1.18
"Guard" means a protective barrier installed around openings in floor areas or
on the open sides of a stairway, a landings, a balcony, a mezzanine, a gallery, a
raised walkway and other locations as required to prevent accidental falls from
one level to another. Such barriers may or may not have openings through them.
1.19
"Habitable Room" means a room designed to provide living, dining, sleeping or
kitchen accommodation. This definition may include a den, library or enclosed
sunroom but shall not include any porch, veranda, unfinished attic, unfinished
basement or unfinished cellar.
1.20
"Industrial Property" means any property that is used for the purpose of
manufacturing, assembling, making, preparing, inspecting, ornamenting,
finishing, treating, altering, repairing, warehousing, storing or adapting for sale
any goods, substance, article or thing, or any part thereof, and the storage of
building and construction equipment and materials, as distinguished from the
buying and selling of commodities and the supplying of personal services. In
addition, includes any land or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces and fences
or any fixtures or structures associated with the building or its yard.
1.21
"Institutional Property" means any property that is used for a non-commercial
purpose by an organized body or society. This definition may include Municipal
property, Schools, Hospitals, etc
1.22
"Land(s)" means grounds and vacant lot(s) exclusive of buildings save and
except an accessory building.
1.23
"Maintenance" means the preservation and keeping in repair of a property.
1.24
"Means of Egress" means a continuous, unobstructed path of travel provided by
a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp
or other exit facility used for the escape of persons from any point within a
building, a floor area, a room or a contained open space of a public thoroughfare
or an approved area of refuge usually located outside the building.
1.25
"Multiple Use Dwelling" means a building containing both a dwelling unit and
a non-residential property.
1.26
"Multiple Dwelling" means a building containing three or more dwelling units.
1.27
"Municipality" means the Township of Admaston/Bromley.
1.28
"Naturalized Gardens" means an area on a property that promotes ecological
restoration and is planted with wildflowers, shrubs, trees, grasses or other plants
whether native or non-native and may include other natural elements such as
rocks, water or wood, that are consistent with a natural landscape.
1.29
"Non-Habitable Room" means any room in a dwelling or dwelling unit other
than a habitable room, and includes a bathroom, toilet room, laundry, pantry,
lobby, communicating corridor, stairway, closet, basement, boiler room or other
space for service and maintenance of the dwelling for public use, and for access
to, and vertical travel between storeys.
1.30
"Non-Residential Property" means a building or structure or part of a building
or structure not occupied in whole or in part for the purpose of human habitation,
and includes the lands and premises appurtenant and all of the outbuildings,
fences or erections thereon or therein.
1.31
"Noxious Weed" means any weeds classed as noxious by the Weed Control Act,
R.S.O. 1990, c.W.5.
1.32
"Occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals, or property.
1.33
"Occupant" means any person or persons over the age of eighteen in possession
of the property.
1.34
"Officer" means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing this By-law by the Municipality.
1.35
"Owner" includes:
a)
the person(s) who presently manages or receives the rent of: or the
person(s) designated on the assessment roll as owning the land or
premises whether on his/her own account or as an agent or trustee of any
person(s) or the person(s) who would so receive the rent if such land or
premises were let.
b)
lessee or occupant of the property who, under terms of a lease, is required
to repair and maintain the property in accordance with the standards for
the maintenance and occupancy of the property.
1.36
"Person" means an individual, firm, corporation, association or partnership.
1.37
"Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, accessory buildings, fences
and erections thereon whether heretofore and hereafter erected, and includes
vacant lands.
1.38
"Rental Unit" means a dwelling unit within a residential rental property that
consists of a room or a suite of rooms operated as a housekeeping unit, used or
intended to be used as a domicile by one or more persons and supporting general
living conditions usually including cooking, eating, living, sleeping, and sanitary
facilities
1.39
"Repair" means the provisions of such facilities and the making of additions, or
alterations or the taking of such action as may be required so that the property
shall conform to the standards established in this By-law.
1.40
"Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any land or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces and fences
or any fixtures or structures associated with the building or its yard.
1.41
"Residential Rental Property" means any property that is used or designed for
uses as a leased domestic establishment in which one or more persons usually
sleep and prepare and serve meals, and includes any land or buildings that are
appurtenant to such establishment and all stairways, walkways, driveways,
parking spaces and fences or any fixtures or structures associated with the
building or its yard.
1.42
"Rural Lands" means lands situated outside the geographical boundaries of the
areas known as the Hamlet of Douglas, Village of Osceola, or lands zoned R1,
RR and LSR, whose boundaries are identified in the Municipality's Zoning By-
law and outside all areas of registered plans of subdivision.
1.43
"Site Triangle" means the triangular space formed by intersecting streets lines
and a line drawn from a point in one street line to a point on the other street line,
each such point being six metres from the point of intersection of the street lines
measured along the street lines. Where the two street lines do not intersect at a
point, the point of intersection of the street lines shall be deemed to be the
intersection of the projection of the street lines or the intersection of the tangents
to the street lines.
1.44
"Septic System" means a private sewage disposal system approved under the
Building Code Act and regulations.
1.45
"Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
1.46
"Unsafe Condition" means the physical state of a property, structure, barrier,
fence and/ or building(s), whether vacant or occupied, that in the opinion of the
Property Standard Officer is a hazard to the public regarding fire, accident,
health or safety.
1.47
"Urban Lands" means land situated within the geographical boundaries of the
areas known as the Hamlet of Douglas, Village of Osceola, or lands zoned R1,
RR and LSR, whose boundaries are identified in the Municipality's Zoning By-
law and within all registered plans of subdivision.
1.48
"Vehicle" includes an automobile, truck, motorcycle, motorized snow vehicle,
bus, trailer, traction engine, road-building machine and any vehicle drawn,
propelled or driven by any kind or power, including muscular power, but does
not include vehicles running only upon rails or vehicles used in farm operations.
1.49
"Water body" means any bay, lake, river, canal as well as any floodplain
associated with the water body, but excluding a drainage or irrigation channel
and any other watercourse.
1.50
"Watercourse" means any depression one metre or more below the surrounding
land serving to give direction to a current of water at least nine months of the
year, having a bed and well defined banks, as well as any floodplain associated
with the watercourse and includes creeks, streams, municipal drains and other
similar watercourses.
1.51
"Waterfront Property" means a piece of land fronting on a water body.
1.52
"Yard"
a)
In urban lands means the land around or adjoining to the whole or any
part of a residential, commercial, industrial or institutional property and
used or capable of being used in connection with the property; and for
estate lots, it generally refers to the lawn portion of a property.
b)
In rural lands means the one acre of land immediately around or
adjoining to a residential, commercial, industrial or institutional property
and excludes barnyards and land under farm operations.
1.53
Any word or term not defined in this by-law shall have the meaning ascribed to it
in the Building Act or the Ontario Building Code.
PART II
URBAN LAND
2.
GENERAL STANDARDS FOR ALL PROPERTY
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code, Ontario Fire Code and the Fire Prevention and Protection Act
where applicable.
2.1
CONDITIONS OF URBAN LANDS
2.1.1 Every person shall keep land clean and free from rubbish and debris and from
objects or conditions such as holes that might create a health, fire or accident
hazard, including dilapidated buildings, structures or vegetation such as trees
which may be hazardous to the health, safety and welfare of the inhabitants.
2.1.2 No person shall excavate and leave said land in an excavated condition
unmarked for longer than fourteen (14) days.
2.1.3 No person shall keep or permit to be kept derelict vehicle, scrap and/or junk
material including, without limiting its generality, wrecked, dismantled, unused,
unlicensed or non-restorable vehicles, snowmobiles, trailers, machinery, tools,
tires, appliances, equipment or any part thereof shall be parked, stored, moored
or left on lands or water front property unenclosed except in an establishment
licensed or permitted to conduct and operate such a business, and only then under
circumstances that prevent unsafe or unsightly conditions.
2.2.
CONDITIONS OF YARDS - URBAN LAND
2.2.1 Every yard, including vacant lots, shall be kept clean and free from:
a) rubbish or debris and objects including, without limiting its
generality discarded gas, oil and water tanks, or conditions that may
create a health, fire, environmental or accident hazard;
b) unused or unserviceable appliances such as refrigerators, stoves and
freezers and are not permitted to be used as places of storage;
c) wrecked, dismantled, discarded or abandoned machinery, vehicles,
trailers or boats unless it is necessary for the operation of a business
enterprise lawfully situated on the property;
d) dilapidated, collapsed or partially constructed structures which are
not currently under construction that poses a safety hazard;
e) injurious insects, termites, rodents, vermin or other pests; and
f) dead, decayed or damaged trees that poses a safety hazard.
2.2.2 A minimum distance of 0.76 m (2.5ft) shall be maintained between dry fire
hydrants and all hedges, shrubs, trees, fences and other obstructions.
2.2.3 No person shall plant, grow, maintain, or permit on his/her property any hedge,
shrub, plant or tree where:
a) its location creates a public safety hazard;
b) it affects the safety of vehicular traffic or pedestrian traffic;
c) overhangs or encroaches upon any sidewalk or pavement
d) or traveled portion of any street or highway posing a safety risk to
pedestrians and motorists; or
e) it is located in a site triangle with a height higher than 0.8 metres
(2.62 ft)
2.2.4 The owner of a residential property shall maintain the residential property or part
thereof and land which he/she occupies or controls, in a clean, sanitary
and safe condition and shall dispose of garbage and debris in accordance
with the Township of Admaston/Bromley's Waste By-law
2.2.5 Every person shall tend and maintain grass and plants, except on lands in current
crop production, pasture land, municipal land designated as open space and
reforested land. Heavy growth and noxious weeds, as defined by the Weed
control Act, shall be controlled. Notwithstanding the aforementioned, a
naturalized garden that is tended and maintained shall be permitted within this
by-law.
2.2.6 Compost heaps shall be retained on all sides by lumber, concrete blocks, plastic
containers, or other materials suitable for such a use.
2.2.7 Compost heaps shall not be located in any front yard. All compost heaps located
within a rear and/or a side yard must meet the accessory structure setbacks set
out in the Municipality's Zoning By-law.
2.2.8 Firewood and building materials shall be neatly piled in rear yard, interior side r
car port only. All required yard setbacks prescribed in the zoning by-law shall
apply.
2.3
DRAINAGE
2.3.1 Sewage and organic waste shall be discharged into an approved septic system.
2.3.2. No sewage shall be discharged onto the surface of the ground or into a natural or
artificial surface drainage system.
2.3.3. Storm water shall be drained from the yard so as to prevent recurrent or
excessive ponding or the entrance of water into a basement or cellar.
2.3.4 No roof drain, sump pump drain or sprinkler system shall be directly discharged
onto sidewalks, stairs, neighbouring property or into a storm water management
system such as a road ditch or catch basin unless the municipality authorizes
approval.
2.3.5
All air conditioners located in buildings shall be equipped with proper devices
for the prevention of condensation drainage upon public sidewalks or
neighbouring properties.
2.4.
WALKS, PARKING AREAS, DRIVEWAYS
2.4.1. Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather conditions,
day or night.
2.4.2. All areas used for vehicular traffic and parking shall be kept free of rubbish,
garbage and other litter and shall be kept in good repair.
2.5
LIGHTING STANDARDS
2.5.1. All artificial lighting for parking areas shall be maintained in good working
order.
2.5.2. Any lights used to illuminate yards or parking areas shall be so arranged to direct
the light downward only onto the yard or parking area and away from any
adjoining lands or the sky.
2.5.3
Where lawn lamps are deemed as a requirement in a subdivision agreement, such
lawn lamps shall be functional and operated in accordance with the requirement
in the subdivision agreement.
2.6
DAMAGED MATERIAL
2.6.1. In the event that a building is severely damaged due to a fire, explosion or by
natural causes, measures shall be taken as soon as possible to secure the damaged
property insofar as permitted by the proper authorities to prevent access and
injury.
2.6.2. Damaged or partially burnt material shall be removed forthwith once the
investigations are completed and authorization to do so is provided by the
appropriate fire authorities.
2.7
FENCES, BARRIERS
2.7.1. Every person shall keep fences, barriers, and retaining walls in good repair and
free from hazards or risks that may cause accidents, fire or be a danger to health.
2.7.2. No fences, barriers or retaining walls may be built on the property line of an
adjoining property that is in close proximity to the neighbouring dwelling unit
that might limit emergency access to any buildings on the adjoining property. No
fence, barrier or retaining wall over 0.8m (2.6 ft) may be erected, constructed or
placed in a site-triangle.
2.7.3. No person shall erect, construct, or place a fence in any residential zone within
the Township of Admaston/Bromley with a height in excess of 2m. (6.56ft)
2.7.4. No person shall erect, construct or place a barrier in any residential zone within
the Township of Admaston/Bromley unless otherwise specified by a site plan
control agreement or any other legislation which would deem a barrier a
necessity.
2.7.5. No fencing that contains barbed wire, utilizes an electric current or contains any
other dangerous components either on the inside or outside shall form part of a
fence in any residential zone
2.7.6. The provisions of sections 2.7.3., 2.7.4. and 2.7.5. do not apply to a barrier
erected upon abutting lands that are used for industrial and/or commercial
purposes, railway right-of-ways, and hydro, telephone, utility or public works
installations that are deemed to be hazardous to the public, or are being used for
screening and/or sound barriers.
2.8
ACCESSORY BUILDINGS
2.8.1. Every person shall maintain accessory buildings and other structures appurtenant
to property in structurally sound condition and in good repair.
2.8.2. Where an accessory building is not maintained in accordance with these
standards, it shall be removed from the yard or repaired to the minimum
standards prescribed in this by-law.
3.
PROPERTY STANDARDS
3.1
STRUCTURAL STANDARDS
3.1.1 Every person shall maintain every part of a building or a structure in a
structurally sound condition so as to be capable of sustaining its own weight and
any additional load for which it was designed. The structural condition of the
structure must be in accordance with the structural safety factors required by the
Ontario Building Code.
3.2.
GENERAL CLEANLINESS
3.2.1. All garbage, rubbish and ashes shall be kept or stored in approved receptacles
until disposed of or removed from the property.
3.2.2. Approved Receptacles shall be:
a)
made of metal or plastic
b)
of watertight construction
c)
capable of being tightly closed; and
d)
maintained in a clean state
3.2.3. "Plastic Garbage Bags" are not approved receptacles
3.2.4. Materials of an inflammable nature shall, if they are lawfully on the property, be
safely stored in accordance with appropriate legislation.
3.2.5. Containers shall be made available in a prominent position on non-residential
property for the disposal of refuse which may be discarded by customers and others,
and the land shall be kept free from refuse.
3.2.6. Hallways and stairways in a building shall be kept free from accumulation, storage of
garbage, refuse or any other thing or object that may cause a health or accident
hazard.
3.2.7. Buildings or structures used for the storage of garbage, rubbish, ashes and other
refuse, prior to disposal, shall be deemed to be accessory buildings or structures
within the meaning of this by-law and the current Municipal Zoning By-law.
3.2.8 Commercial dumpsters, refuse containers or portable storage containers are permitted
for a period of 90 days from the date of installation unless with the written consent of
the Municipality.
3.3.
PEST PREVENTION
3.3.1 Buildings shall be kept free of rodents, vermin and insects at all times and methods
used for exterminating such pests shall be in accordance with provisions of the
Pesticide Act, R.S.O. 1990 Chapter P.11 and all regulations passed pursuant thereto.
3.3.2. Openings and holes, within a building containing residential units, inclusive of
chimneys, windows, doors, vents, holes for pipes and electrical fixtures, cracks and
floor drains that might permit the entry of rodents, vermin, insects, birds or other
pests, shall be screened or sealed.
3.4.
EXTERIOR SURFACE
3.4.1 Exterior walls of a building or structure and their components shall be maintained in
good repair, free from cracked, broken or loose masonry units and other defects to
such attachments as soffits, fascia, cladding, or trim. Paint or some other suitable
preservative or coating must be applied and maintained so as to prevent deterioration
due to weather conditions, insects or other damage and must be complimentary to the
immediate surrounding as determined by the Property Standards officer.
3.4.2 Exterior surfaces of a commercial, industrial or an institutional building or structure
and their components shall be free of painted slogans, graffiti and similar
defacements.
3.4.3 Exterior walls of a building or structure and their components shall be constructed of
a suitable exterior building material, including but not limited to brick, stone,
aluminum, vinyl, PVC and wood composite siding. The use of a tarp or tarps as an
exterior wall of a building or structure is not permitted. However, the temporary use
of a tarp for construction purposes is permitted for a period of not more than six (6)
months.
3.5.
WATER PROOFING/ICE & SNOW REMOVAL
3.5.1. The roof of a building including the fascia, soffit, cornice and flashing shall be
maintained in a watertight condition so as to prevent leakage of water into a building.
3.5.2. Dangerous accumulations of snow or ice shall be removed as soon as possible from
the roofs of buildings.
3.5.3 Where eavestroughing, roof guttering and down piping is provided, it shall
be maintained in good repair so as to be watertight and securely fastened to the
building at all times.
3.6.
STAIRWAYS, PORCHES, DECKS
3.6.1. Inside or outside stairways and any porch, deck, balcony, veranda or landing
appurtenant to it, shall be maintained so as to be free of holes, cracks and other
defects which may present a possible accident hazard. In addition, all coverings,
treads or risers that are broken, warped or loose and all supporting structural members
that are rotted or deteriorated beyond repair shall be replaced.
3.6.2. Handrails, guardrails shall be constructed, installed and maintained in a firm and
inflexible condition as prescribed in the Ontario Building Code.
3.6.3. Inside or outside stairways must be maintained free from accumulations of items,
things or ornaments that may pose a safety or a fire hazard when entering or exiting a
building.
3.7
FLOORS
3.7.1. Every floor in a residential rental, commercial, industrial or institutional property
shall be maintained so as to be free of broken or rotted boards, protruding objects,
damaged or deteriorating surfaces, apertures in the surfaces that might admit rodents
into a room and all conditions that may create a safety hazard. All defective
floorboards shall be repaired and/or replaced.
3.7.2. Where the floor of a residential rental, commercial, industrial or institutional property
has been covered with a covering that has become worn or torn to an extent that it is
deemed to be a danger to the health and safety of the inhabitants, the covering shall be
repaired or replaced.
3.8.
WALLS AND CEILING
3.8.1. Every wall and ceiling in a residential rental, commercial, industrial or institutional
property shall be maintained so as to be free of holes, cracks, loose or torn coverings
or other defects that may be a safety hazard.
3.9.
DOORS, WINDOWS AND SECURITY
3.9.1. Windows, skylights, doors and basement or cellar hatchways in a residential rental
property shall be maintained in good repair and weather tight. Rotted or damaged
doors, doorframes and their components, screens, window frames, sashes and casings
shall be renewed and defective hardware, weather stripping and broken window glass
shall be replaced.
3.9.2. In a residential rental property, all exterior doors shall have hardware so as to be
capable of being locked or otherwise secured from inside the dwelling unit. At least
one entrance door in every dwelling unit shall have hardware so as to be capable of
being locked from both inside and outside the dwelling unit.
3.9.3. In a residential rental property with a security system in place where persons are
required to contact the tenant prior to being buzzed into the building, all intercom
equipment must be kept free of defects and in good working order at all times.
3.9.4. Every window in a residential rental property that is located above the first story of a
multiple dwelling shall be equipped with an approved safety device that would
prevent any part of the window from opening greater than would permit the passage
of a 100 mm diameter (3.9 inches) sphere. Such safety device shall not prevent the
window from being fully opened during an emergency situation by an adult without
the use of tools.
3.10. WATER SUPPLY
3.10.1 Every residential property shall be provided with an adequate supply of potable water
supplied by an approved well system, which is acceptable to the District Health Unit
and is in accordance with the Ontario Building Code.
3.10.2 Each washbasin, bathtub or shower, and kitchen sink in a rental unit within a
residential rental property shall have an adequate supply of hot and cold running
water. Hot water shall be supplied at a temperature of not less than 45 degrees
Celsius (113 degrees F) as prescribed in the Ontario Building Code.
3.10.3 Every rental unit within a residential rental property containing a pressurized water
system shall have a sufficient quantity of cold water provided to enable the flushing
of toilets.
3.10.4 All items listed in 3.10.2 and 3.10.3 shall be maintained in good working order.
3.10.5 All water pipes and appurtenances thereto shall be protected from freezing.
3.11
PLUMBING SYSTEM
3.11.1 All inhabited buildings shall have sanitary facilities connected to an approved private
septic system or an approved outdoor toilet facility and maintained at a standard
acceptable to the District Health Unit.
3.11.2 Plumbing, drain pipes, water pipes and plumbing fixtures contained within every
building and every connection line to the septic system, shall be free from leaks and
defects and in the event remedies are required, they shall conform to the Ontario
Building Code.
3.11.3 All plumbing fixtures contained within every building shall be connected to a septic
system through water seal traps.
3.12
TOILET AND BATHROOM FACILITIES
3.12.1. Every dwelling unit containing a pressurized water system shall contain bathroom-
plumbing fixtures consisting of at least one toilet, one wash basin and one bathtub or
shower.
3.12.2. Every dwelling unit containing a pressurized water system shall have all bathrooms
and toilet rooms located and accessible within the dwelling unit.
3.12.3. All outdoor toilet facilities shall be maintained in a manner acceptable to the District
Health Unit, the Ministry of the Environment and the Ontario Building Code.
3.13
KITCHENS
3.13.1. Every self-contained rental unit within a residential rental property shall have a
kitchen area equipped with cupboards or shelving for storing food, a counter top work
area, space for a stove and refrigerator, and a sink that has a source for hot and cold
water. Kitchen area counter top, cupboards and sink shall be maintained in good
working order.
3.13.2. Every kitchen within a rental unit within a residential rental property shall be
provided with an adequate and approved source for gas, electricity or other types of
fuel that are required for cooking purposes.
3.14. HEATING SYSTEMS
3.14.1 All heating systems installed in non-residential buildings, where people are
employed, shall be capable of safely maintaining a temperature as prescribed by the
Ontario Building Code, unless the approved non-residential use requires an alternate
temperature.
3.14.2. No room heater or any other heating apparatus shall be so placed as to cause a fire
hazard to walls or to impede the free movement of persons within the room where the
heater or heating apparatus is located.
3.14.3. Every dwelling and dwelling unit shall be provided with a heating system capable of
safely maintaining a temperature as prescribed in the Ontario Building Code and shall
be maintained in good working order.
3.14.4. All heating apparatus or equipment involving combustion shall be properly connected
to a chimney or flue by a sealed connection.
3.14.5. All cooking apparatus or equipment involving combustion shall be connected to a
chimney or a flue by a sealed connection.
3.14.6. All fuel source connections to such apparatus or equipment that burn gaseous or
liquid fuel shall be maintained in good repair.
3.14.7. In buildings having more than one non-residential unit or a combination of non-
residential and residential units and are equipped with a central heating system, shall
have the heating system located in a separate room whose walls, ceiling and doors are
constructed of materials that have a fire rating as prescribed by the Ontario Building
Code and amendments thereto.
3.14.8. A space that contains a heating unit shall have natural or mechanical means of
supplying air as prescribed by the Ontario Building Code.
3.14.9. Where a heating system, or part of it, or any auxiliary heating system burns solid or
liquid fuel, it shall be provided, maintained and properly constructed so as to be free
from fire hazards. A minimum of 1.53 metres (5 ft) clearance is required between fuel
oil storage tanks and burners and only approved type storage tanks shall be used as
regulated by the Fire Code Act and amendments thereto.
3.14.10. Any mechanism or structure used in the process of burning fuel or combustible
material shall be properly vented to a duct leading to an approved chimney, in
accordance with the Fire Code Act.
3.14.11. Every chimney, smoke pipe, flue and gas vent, actually in use or available for use
shall be kept clear of obstruction, all open joints shall be sealed, and all broken and
loose masonry shall be repaired.
3.14.12. Every chimney, smoke pipe, flue, and gas vent shall be installed and maintained so
that under all conditions of use, the temperature of any combustible material adjacent
thereto, insulated therefrom or in contact therewith, does not exceed a safe
temperature as per CAN/CSA B365 requirements and amendments thereto.
3.14.13. Fireplaces and similar installations used or intended to be used for burning fuels in
open fires shall be connected and installed as per CAN/CSA B365 requirements and
amendments thereto.
3.15.
ELECTRICAL SERVICE
3.15.1. The electrical wiring and all electrical fixtures located or used in a building, shall be
installed and maintained in good working order and free of defects in accordance
with regulations set by the Electricity Act, 1998 S.O. 1998 c.15 and amendments
thereto.
3.15.1. Every dwelling unit that is wired for electricity and lighting equipment shall be
installed throughout to provide sufficient illumination to avoid health or accident
hazards during normal use, provided that the lighting shall not be positioned so as to
cause any impairment of the use or enjoyment of neighbouring properties.
3.15.2. All electrical outlets shall conform to requirements set out in the Power Corporation
Act and amendments thereto (Ontario Hydro Code).
3.15.3. Fuses or overload devices shall not exceed limits set by the Ontario Hydro Code.
3.15.4. All electrical appliances shall be maintained in a safe mechanical and electrical
condition.
3.16.
LIGHTING
3.16.1. In non-residential buildings, sufficient windows, skylights and electrical lighting
fixtures shall be provided and maintained in order to provide proper illumination in
all passageways when the building is in use and for stairways in case of a fire or
other emergencies.
3.16.2. Every habitable room of a dwelling, except a kitchen, bathroom, toilet room and
basement where electricity is available, that faces directly to the outside shall have a
window or windows, skylights or translucent panels at least 0.15 metres (6 inches)
above the adjoining finished grade, with an unobstructed light transmitting area not
less than ten (10) per cent of the floor area of such rooms as prescribed by the
Ontario Building Code. The glass area of a sash door may be considered as a portion
of the required window area.
3.16.3. An adequate and safe illuminating device shall be installed in every bathroom, toilet
room, laundry room, furnace room and kitchen.
3.16.4. All halls and stairways in dwellings shall be sufficiently lighted to provide a safe
passageway. In residential rental, commercial, industrial or institutional property
standby lighting shall be provided in accordance to the Ontario Building Code
3.16.5. In multiple dwellings and non-residential buildings every exit door to the outside
shall have an illuminated exit light and illumination must be provided for all exterior
stairways from top floor levels to grade.
3.17.
VENTILATION
3.17.1. Every habitable room shall be provided with either a natural ventilation system such
as a window or a door, or mechanical ventilation system in accordance with the
Ontario Building Code.
3.17.1. Every bathroom or toilet room shall be provided with either natural ventilation or a
mechanical ventilation system in accordance with the Ontario Building Code.
3.17.2. All systems of mechanical ventilation shall be maintained in good working order.
3.17.4 All enclosed spaces including basements, cellars, attics or roof space and crawl
spaces shall be adequately vented to the outside air.
3.18
FIRE PREVENTION EQUIPMENT
3.18.1 Fire prevention equipment such as smoke alarms or other fire detection devices and
carbon monoxide detection equipment shall be installed as prescribed in the Ontario
Building Code and the Ontario Fire Code and shall be maintained in good working
order so as to effectively perform their intended function.
3.18.2 Buildings using a fire escape as a secondary means of egress shall have the escape
in good condition, free from obstructions and easily reached through a window
opening or door.
3.19
EGRESS
3.19.1 All buildings shall be provided with an adequate egress from every floor area in
accordance with the Ontario Building Code and the Ontario Fire Code.
3.19.2
Every dwelling and every dwelling unit shall have an adequate means of egress
capable of providing safe, continuous and unobstructed exit from the interior of the
building to the exterior at street or grade level in accordance with the Ontario
Building Code and the Ontario Fire Code.
3.20 OCCUPANCY STANDARDS
3.20.1
No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
3.20.2. Where the area of a habitable room space, within a dwelling unit, is combined with
a kitchen and a dining area, the habitable room space alone in a dwelling unit that
contains sleeping accommodations for not more than two persons, shall be not less
than 11 square metres (118 square feet) as prescribed by the Ontario Building Code.
3.20.3 For the purpose of computing the habitable room space in Subsection 3.20.2, any
child under one year of age shall be deemed one-half person as prescribed by the
Ontario Building Code.
3.20.4 For the purpose of computing the habitable room space in Subsection 3.20.2, the
floor area under a ceiling which is less than 2.1 metres (6 ft) high shall not be
counted as prescribed by the Ontario Building Code.
3.20.5 Every room used for sleeping purposes in a dwelling or a dwelling unit shall provide
a minimum floor area of at least 6 square metres (65 square feet) with not less than
4.6 square metres (50 square feet) for each additional occupant, provided that for the
purpose of this Subsection, two children under the age of six years may be counted
as one person as prescribed by the Ontario Building Code.
4.
VACANT BUILDINGS
4.1.1
The owner of a vacant building shall secure and/or board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry can be achieved.
4.1.2.
No partially or completely vacant building shall remain boarded up for a period
longer than two (2) years. After the said two (2) years or an alternate time period set
by the Property Standards Officer, the owner or agent or other person responsible,
shall forthwith make the necessary repairs to make it fit for a dwelling or other
authorized uses in accordance with the TOWNSHIP OF ADMASTON/BROMLEY
Zoning By-law.
4.1.3
Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
4.1.4. Where a vacant building is not maintained or fixed in accordance with this By-law,
it shall be remedied. Vacant buildings deemed by the Chief Building Official as a
health and safety issue or are unsightly and that have not been remedied to the
satisfaction of the Property Standards Officer shall be removed from the property
and the land or waterfront property shall be left in a graded level condition.
PART III
RURAL LANDS
5.
GENERAL STANDARDS FOR ALL PROPERTY
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code, Ontario Fire Code and the Fire Prevention and Protection Act where
applicable.
5.1 CONDITIONS OF LANDS - RURAL LAND
5.1.1 Every person shall keep land clean and free from objects or conditions that might
create a health, fire or safety hazard or are unsightly.
5.1.2 No person shall excavate and leave said land in an excavated condition unmarked
for longer than fourteen (14) days.
5.1.3 No person shall keep or permit to be kept derelict vehicle scrap and/or junk material
including without limiting its generality, wrecked, dismantled, unused, unlicensed or
non-restorable vehicles, snowmobiles, trailers, machinery, tools, tires, appliances,
equipment or any part thereof shall be parked, stored, moored or left on lands or
water front property unenclosed except in an establishment licensed or permitted to
conduct and operate such a business, and only then under circumstances that prevent
unsafe or unsightly conditions.
5.1.4 Where vehicles (farm operation vehicles excluded), trailers, boats, barges or
mechanical equipment are stored, they shall be screened from the street and public
by a fence/barrier or suitable planting and shall be in conformance with the
applicable municipal zoning requirements for that location.
5.1.5 All municipal lands will be maintained in accordance with municipal policy.
5.2. CONDITIONS OF YARDS - RURAL LAND
5.2.1 Every yard shall be kept clean and free from:
a) Rubbish, debris and objects including, without limiting its generality discarded
gas, oil and water tanks, or conditions that may create a health, fire,
environmental or accident hazard or are unsightly;
b) Discarded or unserviceable appliances such as refrigerators, stoves and freezers
and are not permitted to be used as places of storage;
c) Wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers or
boats unless it is necessary for the operation of a business enterprise lawfully
situated on the property;
d) Dilapidated, collapsed or partially constructed structures which are not currently
under construction that poses a safety hazard;
e) Injurious insects, termites, rodents, vermin or other pests; and
f)
Dead, decayed or damaged trees that poses a safety hazard.
5.2.2 A minimum distance of 0.76 m (2.5ft) shall be maintained between dry fire hydrants
and all hedges, shrubs, trees, fences and other obstructions.
5.2.3. The owner of a residential property shall maintain the residential property, which
he/she occupies or controls, in a clean, sanitary and safe condition and shall dispose
of garbage and debris in accordance with the Township of Admaston/Bromley's
Waste By-law.
5.2.4. Every person shall tend and maintain grass and plants, except on lands in current
crop production, pasture land, municipal land designated as open space and
reforested land. Heavy growth and noxious weeds, as defined by the Weed Control
Act, shall be controlled. Notwithstanding the aforementioned, a naturalized garden
that is tended and maintained shall be permitted within this by-law.
5.3
DRAINAGE
5.3.1 Sewage and human waste shall be discharged into an approved septic system.
5.3.2. No sewage shall be discharged onto the surface of the ground or into a natural or
artificial surface drainage system.
5.3.3. Storm water shall be drained from the yard so as to prevent recurrent or excessive
ponding or the entrance of water into a basement or cellar.
5.4. WALKS, PARKING AREAS, DRIVEWAYS
5.4.1. Steps, walks, driveways, parking spaces and other similar areas on residential rental,
commercial, industrial or institutional property shall be maintained so as to afford
safe passage under normal use and weather conditions, day or night.
5.4.2. All areas on residential rental, commercial, industrial or institutional property used
for vehicular traffic and parking shall be kept free of rubbish, garbage and other
litter and shall be kept in good repair.
5.5
LIGHTING STANDARDS
5.5.1. All artificial lighting for parking areas on residential rental, commercial, industrial
or institutional property shall be maintained in good working order.
5.5.2. Any lights used to illuminate yards or parking areas on residential rental,
commercial, industrial or institutional property shall be so arranged to direct the
light downward only onto the yard or parking area and away from any adjoining
lands or the sky.
5.6
DAMAGED MATERIAL
5.6.1. In the event that a building is severely damaged due to a fire, explosion or by natural
causes, measures shall be taken as soon as possible to secure the damaged property
insofar as permitted by the proper authorities to prevent access and injury.
5.6.2. Damaged or partially burnt material shall be removed forthwith once the
investigations are completed and authorization to do so is provided by the
appropriate fire authorities.
5.7
FENCES, BARRIERS
5.7.1. Every person shall keep fences, barriers, and retaining walls on residential,
commercial, industrial or institutional property in good repair and free from hazards
or risks that may cause accidents, fire or be a danger to health.
5.7.2. No fences, barriers or retaining walls may be built on the property line of an
adjoining commercial, industrial or institutional property that is in close proximity
to the neighbouring property that might limit emergency access to any buildings on
the adjoining property. No fence, barrier or retaining wall over 0.8m (2.6 ft) may be
erected, constructed or placed in a site-triangle.
5.7.3. The provisions of this section do not apply to a barrier erected upon abutting lands
that are used for industrial and/or commercial purposes, railway right-of-ways, and
hydro, telephone, utility or public works installations that are deemed to be
hazardous to the public, or are being used for screening and/or sound barriers.
6. PROPERTY STANDARDS
6.1 STRUCTURAL STANDARDS
6.1.1. Every person shall maintain every part of a building or a structure in a structurally
sound condition so as to be capable of sustaining its own weight and any additional
load for which it was designed. The structural condition of the structure must be in
accordance with the structural safety factors required by the Ontario Building Code.
6.2. GENERAL CLEANLINESS
6.2.1. All rubbish, garbage and ashes shall be kept or stored in approved receptacles until
disposed of or removed from the property.
6.2.2. Approved Receptacles shall be:
a)
made of metal or plastic
b)
of watertight construction
c)
capable of being tightly closed; and
d)
maintained in a clean state.
6.2.3. "Plastic Garbage Bags" are not approved receptacles.
6.2.4. Materials of an inflammable nature shall, if they are lawfully on the property, be
safely stored in accordance with appropriate legislation.
6.2.5. Containers shall be made available in a prominent position on residential rental,
commercial, industrial or institutional property for the disposal of refuse which may
be discarded by customers and others, and the land shall be kept free from refuse.
6.2.6. Hallways and stairways in a residential rental, commercial, industrial or institutional
property shall be kept free from accumulation, storage of garbage, refuse or any
other thing or object that may cause a health or accident hazard.
6.2.7. Buildings, dumpsters or structures used for the storage of garbage, rubbish, ashes
and other refuse, prior to disposal, shall be deemed to be accessory buildings or
structures within the meaning of this by-law and the current Municipal Zoning By-
law.
6.2.8. Commercial dumpsters, refuse containers or portable storage units are permitted for
a period of 90 consecutive days from the date of installation unless with the written
consent of the Municipality.
6.3. PEST PREVENTION
6.3.1. Residential rental, commercial, industrial or institutional property shall be kept free
of rodents, vermin and insects at all times and methods used for exterminating such
pests shall be in accordance with provisions of the Pesticide Act, R.S.O. 1990
Chapter P.11 and all regulations passed pursuant thereto.
6.3.2. Openings and holes, within a building containing rental units, inclusive of
chimneys, windows, doors, vents, holes for pipes and electrical fixtures, cracks and
floor drains that might permit the entry of rodents, vermin, insects, birds or other
pests, shall be screened or sealed.
6.4. EXTERIOR SURFACE
6.4.1.Exterior surfaces of a residential, residential rental, commercial, industrial or
institutional property and their components shall be maintained in good repair, free
from cracked, broken or loose masonry units and other defects to such attachments
as soffits, fascia, cladding, or trim. Paint or some other suitable preservative,
coating or covering must be applied and maintained so as to prevent deterioration
due to weather conditions, insects or other damage.
6.4.2.Exterior surfaces of a commercial, industrial or institutional building or structure and
their components shall be free of painted slogans, graffiti and similar defacements.
6.5. WATER PROOFING/ICE & SNOW REMOVAL
6.5.1.The roof of a residential, residential rental, commercial, industrial or institutional
property including the fascia, soffit, cornice and flashing shall be maintained in a
watertight condition so as to prevent leakage of water into a building.
6.5.2.Dangerous accumulations of snow or ice on a residential rental, commercial,
industrial or institutional property shall be removed as soon as possible from the
roofs of buildings.
6.5.3.Where eavestroughing, roof guttering and down piping is provided, it shall be
maintained in good repair so as to be watertight and securely fastened to the
building at all times.
6.6. STAIRWAYS, PORCHES, DECKS
6.6.1.Inside or outside stairways on residential rental property and any porch, deck,
balcony, veranda or landing appurtenant to it, shall be maintained so as to be free of
holes, cracks and other defects which may present a possible accident hazard. In
addition, all coverings, treads or risers that are broken, warped or loose and all
supporting structural members that are rotted or deteriorated beyond repair shall be
replaced.
6.6.2.A handrail shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a
height of 600 mm (24") between adjacent levels. A handrail shall be installed and
maintained in good repair in all stairwells. Guardrails shall be installed and
maintained in good repair around all landings, porches, balconies, and decks.
Guardrails, balustrades and handrails shall be constructed and maintained in a firm
and inflexible condition as prescribed in the Ontario Building Code.
6.6.3.Inside or outside stairways on residential rental property must be maintained free
from accumulations of items, things or ornaments that may pose a safety or a fire
hazard when entering or exiting a building.
6.7 FLOORS
6.7.1.Every floor in a residential rental, commercial, industrial or institutional property
shall be maintained so as to be free of broken or rotted boards, protruding objects,
damaged or deteriorating surfaces, apertures in the surfaces that might admit rodents
into a room and all conditions that may create a safety hazard. All defective
floorboards shall be repaired and/or replaced.
6.7.2. Where the floor of a residential rental, commercial, industrial or institutional
property has been covered with a covering that has become worn or torn to an extent
that it is deemed to be a danger to the health and safety of the inhabitants, the
covering shall be repaired or replaced.
6.8. WALLS AND CEILING
6.8.1. Every wall and ceiling in a residential rental, commercial, industrial or institutional
property shall be maintained so as to be free of holes, cracks, loose or torn coverings
or other defects that may be a safety hazard.
6.9. DOORS, WINDOWS AND SECURITY
6.9.1. Windows, skylights, doors and basement or cellar hatchways in a residential rental
property shall be maintained in good repair and weather tight. Rotted or damaged
doors, doorframes and their components, screens, window frames, sashes and
casings shall be renewed and defective hardware, weather stripping and broken
window glass shall be replaced.
6.9.2. In a residential rental property all exterior doors shall have hardware so as to be
capable of being locked or otherwise secured from inside the dwelling unit. At least
one entrance door in every dwelling unit shall have hardware so as to be capable of
being locked from both inside and outside the dwelling unit.
6.9.3. In a residential rental property with a security system in place where persons are
required to contact the tenant prior to being buzzed into the building, all intercom
equipment must be kept free of defects and in good working order at all times.
6.9.4. Every window in a residential rental property that is located above the story of a
multiple dwelling shall be equipped with an approved safety device that would
prevent any part of the window from opening greater than would permit the passage
of a 100 mm diameter (3.9 inches) sphere. Such safety device shall not prevent the
window from being fully opened during an emergency situation by an adult without
the use of tools.
6.10 WATER SUPPLY
6.10.1 Every residential property shall be provided with an adequate supply of potable
water supplied by an approved well system that is acceptable to the District Health
Unit and Ontario Building Code.
6.10.2 Each washbasin, bathtub or shower, and kitchen sink in a rental unit within a
residential rental property shall have an adequate supply of hot and cold running
water. Hot water shall be supplied at a temperature of not less than 45 degrees
Celsius (113 degrees F) as prescribed by the Ontario Building Code.
6.10.3 Every rental unit within a residential rental property containing a pressurized water
system shall have a sufficient quantity of cold water provided to enable the flushing
of toilets.
6.10.4 All items listed in 6.10.2 and 6.10.3 shall be maintained in good working order.
6.10.5 All water pipes and appurtenances thereto shall be protected from freezing.
6.11. PLUMBING SYSTEM
6.11.1. Plumbing, drain pipes, water pipes and plumbing fixtures contained within every
residential, commercial, industrial or institutional property and every connection
line to the septic system, shall be free from leaks and defects and in the event
remedies are required, they shall conform to the Ontario Building Code.
6.12 TOILET AND BATHROOM FACILITIES
6.12.1. Every residential, commercial, industrial or institutional property containing a
pressurized water system shall contain bathroom-plumbing fixtures consisting of at
least one toilet, one wash basin and one bathtub or shower.
6.12.2. Every residential, commercial, industrial and institutional property containing a
pressurized water system shall have all bathrooms and toilet rooms located and
accessible within the building.
6.12.3. All outdoor toilet facilities shall be maintained in a manner acceptable to the
District Health Unit, Ministry of the Environment and the Ontario Building Code.
6.13 KITCHENS
6.13.1. Every self-contained rental unit within a residential rental property shall have a
kitchen area equipped with cupboards or shelving for storing food, a counter top
work area, space for a stove and refrigerator, and a sink that has a source for hot and
cold water. Kitchen area counter top, cupboards and sink shall be maintained in
good working order.
6.13.2. Every kitchen within a rental unit within a residential rental property shall be
provided with an adequate and approved source for gas, electricity or other types of
fuel that are required for cooking purposes.
6.14. HEATING SYSTEMS
6.14.1 All heating systems installed in commercial, industrial or institutional property
where people are employed, shall be capable of safely maintaining a temperature as
prescribed by the Ontario Building Code, unless the approved non-residential use
requires an alternate temperature.
6.14.2. No room heater or any other heating apparatus shall be so placed as to cause a fire
hazard to walls or to impede the free movement of persons within the room where
the heater or heating apparatus is located.
6.14.3. Every dwelling and dwelling unit shall be provided with a heating system capable
of safely maintaining a temperature as prescribed in the Ontario Building Code and
shall be maintained in good working order.
.
6.14.4. All heating and cooking apparatuses or equipment involving combustion shall be
properly connected to a chimney or flue by a sealed connection.
6.14.5. All fuel source connections to such apparatus or equipment that burn gaseous or
liquid fuel shall be maintained in good repair.
6.14.6. In buildings having more than one non-residential unit or a combination of non-
residential and residential units and are equipped with a central heating system, shall
have the heating system located in a separate room whose walls, ceiling and doors
are constructed of materials that have a fire rating, as prescribed by the Ontario
Building Code and amendments thereto.
6.14.7. A space that contains a heating unit shall have natural or mechanical means of
supplying air in accordance with the Ontario Building Code.
6.14.8. Where a heating system, or part of it, or any auxiliary heating system burns solid
or liquid fuel, it shall be provided, maintained and properly constructed so as to be
free from fire hazards. A minimum of 1.53 metres (5 ft) clearance is required
between fuel oil storage tanks and burners and only approved type storage tanks
shall be used as regulated by the Fire Code Act and amendments thereto.
6.14.9. Any mechanism or structure used in the process of burning fuel or combustible
material shall be properly vented to a duct leading to an approved chimney, in
accordance with the Fire Code Act.
6.14.10 Every chimney, smoke pipe, flue and gas vent, actually in use or available for use
shall be kept clear of obstruction, all open joints shall be sealed, and all broken and
loose masonry shall be repaired.
6.14.11. Every chimney, smoke pipe, flue, and gas vent shall be installed and maintained
so that under all conditions of use, the temperature of any combustible material
adjacent thereto, insulated therefrom or in contact therewith, does not exceed a safe
temperature as per CAN/CSA B365 requirements and amendments thereto.
6.14.12. Fireplaces and similar installations used or intended to be used for burning fuels
in open fires shall be connected and installed as per CAN/CSA B365 requirements
and amendments thereto.
6.15.
ELECTRICAL SERVICE
6.15.1. The electrical wiring and all electrical fixtures located or used in a building, shall
be installed and maintained in good working order and free of defects in accordance
with regulations set by the Electricity Act, 1998 S.O. 1998 c.15 and amendments
thereto.
6.15.2. Every dwelling unit that is wired for electricity and lighting equipment shall be
installed throughout to provide sufficient illumination to avoid health or accident
hazards during normal use, provided that the lighting shall not be positioned so as to
cause any impairment of the use or enjoyment of neighbouring properties.
6.15.3. All electrical outlets shall conform to requirements set out in the Power
Corporation Act and amendments thereto (the Hydro Code).
6.15.4. Fuses or overload devices shall not exceed limits set by the Hydro Code.
6.15.5. All electrical appliances shall be maintained in a safe mechanical and electrical
condition.
6.16. LIGHTING
6.16.1 In commercial, industrial or institutional property, sufficient windows, skylights
and electrical lighting fixtures shall be provided and maintained in order to provide
proper illumination in all passageways when the building is in use and for stairways
in case of a fire or other emergencies.
6.16.2 Every habitable room within a residential property, except a kitchen, bathroom,
toilet room and basement where electricity is available, that faces directly to the
outside shall have a window or windows, skylights or translucent panels at least
0.15 metres (6 inches) above the adjoining finished grade, with an unobstructed light
transmitting area not less than ten (10) per cent of the floor area of such rooms as
prescribed by the Ontario Building Code. The glass area of a sash door may be
considered as a portion of the required window area.
6.16.3 An adequate and safe illuminating device shall be installed in every bathroom,
toilet room, laundry room, furnace room and kitchen.
6.16.4 All halls and stairways in residential rental, commercial, industrial or institutional
property shall be sufficiently lighted to provide a safe passageway. Standby lighting
shall be provided in accordance with the Ontario Building Code.
6.16.5 In multiple residential dwellings and in commercial, industrial or institutional
property, every exit door to the outside shall have an illuminated exit light and
illumination must be provided for all exterior stairways from top floor levels to
grade.
6.17. VENTILATION
6.17.1. Every habitable room shall be provided with either a natural ventilation system
such as a window or a door, or mechanical ventilation system in accordance with the
Ontario Building Code.
6.17.2. Every bathroom or toilet room shall be provided with either natural ventilation or a
mechanical ventilation system in accordance with the Ontario Building Code.
6.17.3. All systems of mechanical ventilation shall be maintained in good working order.
6.17.4. All enclosed spaces including basements, cellars, attics or roof space and crawl
spaces shall be adequately vented to the outside air.
6.18 FIRE PREVENTION EQUIPMENT
6.18.1 Fire prevention equipment such as smoke alarms or other fire detection devices
and carbon monoxide detection equipment shall be installed as prescribed in the
Ontario Building Code and the Ontario Fire Code and shall be maintained in good
working order so as to effectively perform their intended function.
6.18.2 Buildings using a fire escape as a secondary means of egress shall have the escape
in good condition, free from obstructions and easily reached through a window
opening or door.
6.19 EGRESS
6.19.1 All residential rental, commercial, industrial or institutional buildings shall be
provided with an adequate egress from every floor area in accordance with the
Ontario Building Code, the Ontario Fire Code and the Ontario Farm Building Code.
6.19.2. Every dwelling and every dwelling unit shall have an adequate means of egress
capable of providing safe, continuous and unobstructed exit from the interior of the
building to the exterior at street or grade level in accordance with the Ontario
Building Code and the Ontario Fire Code.
6.21 OCCUPANCY STANDARDS
6.21.1 No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
6.21.2 Where the area of a habitable room space, within a dwelling unit, is combined with
a kitchen and a dining area, the habitable room space alone in a dwelling unit that
contains sleeping accommodations for not more than two persons, shall be not less
than 11 square metres (118 square feet) as prescribed by the Ontario Building Code.
6.21.3 For the purpose of computing the habitable room space in Subsection 6.21.2, any
child under one year of age shall be deemed one-half person as prescribed by the
Ontario Building Code.
6.21.4 For the purpose of computing the habitable room space in Subsection 6.21.2, the
floor area under a ceiling, which is less than 2.1 metres high shall not be counted as
prescribed by the Ontario Building Code.
6.21.5 Every room used for sleeping purposes in a dwelling or a dwelling unit shall
provide a minimum floor area of at least 6 square metres (65 square feet) with not
less than 4.6 square metres (50 square feet) for each additional occupant, provided
that for the purpose of this Subsection, two children under the age of six years may
be counted as one person as prescribed by the Ontario Building Code.
7.1
VACANT BUILDINGS
7.1.1 The owner of a vacant residential, commercial, industrial or institutional building,
excluding agricultural buildings and structures, shall secure and/or board up the
building to the satisfaction of the Property Standards Officer by covering all
openings through which entry can be achieved.
7.1.2. No partially or completely vacant residential, commercial, industrial or
institutional building shall remain boarded up for a period longer than two (2) years.
After the said two (2) years or an alternate time period set by the Property Standards
Officer, the owner or agent or other persons responsible, shall forthwith make the
necessary repairs to make it fit for a dwelling or other authorized uses in accordance
with the Township of Admaston/Bromley Zoning By-law.
7.1.3. Residential, commercial, industrial or institutional vacant buildings shall be kept
cleared of all garbage, rubbish and debris and shall have all water, electrical and gas
services turned off except for those services that are required for the security and
maintenance of the property.
7.1.4. Where a residential, commercial, industrial and institutional vacant building is not
maintained or fixed in accordance with this By-law, it shall be remedied. Vacant
buildings deemed by the Chief Building Official as a health and safety issue and that
have not been remedied to the satisfaction of the Property Standards Officer shall be
removed from the property and the land or waterfront property shall be left in a
graded level condition.
PART IV
ADMINISTRATION AND ENFORCEMENT
8.1
ADMINISTRATION
8.1.1 This By-law applies to all properties within the Township of Admaston/Bromley.
8.1.2 The Township shall administer and enforce this By-Law as prescribed by the
Ontario Building Code Act; S.O. 1992, c.23 Section 15 as amended
8.1.3 The Officer may prohibit the occupancy or use of any property that does not
conform to the standards prescribed in this By-Law.
8.1.4 The Officer may utilize various reports and forms in the administration and
enforcement of this By-law which can be revised as deemed required by the Officer,
including but not limited to:
a) An inspection report;
b) Re-inspection report;
c) Work Order
d) Order to Remedy Violation;
e) Order to Comply;
f) Notice to Appeal;
g) Decision Following Appeal; or
h) Other such report or form
8.2
OFFICERS AND INSPECTORS
8.2.1 The person(s) appointed as By-law Enforcement Officer(s) or Property Standards
Officer(s) for the TOWNSHIP OF ADMASTON/BROMLEY shall be responsible
for the administration and enforcement of this By-law.
8.2.2 Any building inspector, plumbing inspector, electrical inspector, public health
inspector, fire chief or by-law enforcement officer of the Township is hereby
authorized and directed to act from time to time as an assistant to the Officer.
8.2.3 The Property Standards Officer, or any person acting under his direction, may at all
reasonable times, upon producing proper identification, enter and inspect any
property. The Officer or his designate shall not enter any room or place actually
used as a dwelling without the consent of the Occupant except under the authority of
a search warrant issued under Section 21 of the Building Code Act
8.2.4 No person shall obstruct or attempt to obstruct an Officer or a person acting under
the Officer's instruction, in the exercise of his duties.
8.3 PROPERTY STANDARDS COMMITTEE
8.3.1 Every person who initiates an appeal of an Order made under Section 15.2(2) of the
Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the
time frame and manner as prescribed in section 15.3(1) of the Act. All Notices of
Appeal shall be accompanied by a non-refundable payment of one hundred
($100.00) dollars.
8.3.2 A Property Standards Committee shall be established and shall consist of the
members of the Committee of Adjustment.
8.3.3 The members of the Committee shall abide by the Rules of Procedure, attached as
Schedule "B" to this by-law.
8.4 PENALTY PROVISIONS
Every person who contravenes or causes or permits the contravention of any provision of this
by-law is guilty of an offence and upon conviction is liable to a fine, pursuant to the
provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended as laid out in
Schedule "A" to this by-Law.
8.5 POWERS OF THE CORPORATION TO REPAIR OR DEMOLISH
8.5.1 Property Standards Officer
The Officer may, at all reasonable times and upon producing proper identification,
enter and inspect any property, provided however, that he/she not enter any room or
place actually used as a dwelling without the consent of the occupier, except under
the authority of a search warrant issued under Section 16(1) of the Building Code
Act, to determine:
(i)
Whether the property conforms with the standards prescribed in the by-law; or
(ii)
Whether an order made under Part 8.5.2 has been complied with.
8.5.2 If after inspection, the Officer is satisfied that, in any respect the property does not
conform to the standards prescribed in this by-law, he/she may serve or cause to be
served by personal service upon, or send by registered mail to the owner of the
property, and all persons shown by the records of the Land Registry Office to have
any interest therein, a notice containing particulars of the non-conformity and may
at the same time, provide all occupants with a copy of such notice.
8.5.3 The Notice outlined in Part 8.5.2 above, may also set forth the date and opportunity
for a Hearing with the Officer to determine what action must be taken with respect
to the property, and informing the owner that he/she or his/her representative is
entitled to appear at the said Hearing and make such representations and present
such evidence as he/she so desires and that, in the event that he/she does not request
a Hearing, a decision may be made by the Officer in his/her absence. The said
notice may also contain any other information that the Officer deems necessary.
8.5.4 Should the situation fail to be resolved to the satisfaction of the Officer following
the actions taken in accordance with Part 8.5.3 of this by-law, the Officer may make
and serve or cause to be served upon or sent by registered mail to such person, an
order containing:
(i)
The municipal address or the legal description of the property;
(ii)
Reasonable particulars of the repairs to be made or a statement that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded
and leveled condition and the period in which there must be compliance with
the terms and conditions of the order and notice that if such repairs or
clearance is not done, within the time specified in the order, The Corporation
may carry out the repairs and clearance at the owner's expense;
(iii)
The final date for giving notice of appeal from the order.
8.5.5 A notice or an order when sent by registered mail shall be sent to the last known
address of such person.
8.5.6 The order shall be served on the owner of the property and such other persons
affected by it as the Officer determines and a copy of the order may be posted on the
property.
8.5.7 If the Owner or Occupant of a property fails to repair or to demolish the
property in accordance with an Order, the Township of Admaston/Bromley may
cause the property to be repaired or demolished accordingly.
8.5.8 For the purposes of Subsection 8.5.7 employees or agents of the
Township of Admaston/Bromley may enter the property at any reasonable time
without a warrant in order to repair or demolish the property.
8.5.9 The Township will not be liable to compensate an Owner, Occupant or any other
person having an interest in the property by reason of any action performed by or on
behalf of the Township of Admaston/Bromley under the provisions of this By-Law.
8.5.10The Township shall have a lien on the land for the amount spent on the repair or
demolition under Subsection 8.5.7, and the amount shall be deemed to be municipal
real property taxes and may be added by the Clerk-Treasurer to the collector's roll
and collected in the same manner and with the same priorities as municipal real
property taxes.
8.5.11Any order may be registered in the proper Land Registry Office and upon such
registration, any person acquiring any interest in the land subsequent to the
registration of the order shall be deemed to have been served with the order on the
date on which the order was sent and when the requirements of the order have been
satisfied, the Clerk-Treasurer of The Corporation shall forthwith register in the
proper Land Registry Office, a certificate that such requirements have been
satisfied, which shall operate as a discharge of the order.
8.6 EMERGENCY POWERS
8.6.1 Notwithstanding any other provisions in this By-Law, if upon inspection of a
property, the Officer is satisfied that there is a non-conformity with the standards
prescribed in the By-Law to such extent as to pose an immediate danger to the
health or safety of any person, the Officer may make an Order pursuant to Section
15.9(4) and/or Section 15.2(2) of the Building Code Act containing particulars of
the non-conformity and requiring immediate remedial repairs or other work to be
carried out forthwith to terminate the danger and every person shall comply with the
Order.
8.6.2 After making an Order under Section 8.6.1, the Officer may, either before or
after the Order is served, take or cause to be taken any measures considered
necessary to terminate the danger; and for this purpose, the Township has the right,
through its employees or agents, to enter upon the property at any reasonable time.
8.6.3 The Officer, Township of Admaston/Bromley or anyone acting on behalf of the
Township of Admaston/Bromley is not liable to compensate the Owner, Occupant,
or any other person by reason of anything done by or on behalf of the Township of
Admaston/Bromley in the reasonable exercise of its power under Section 8.6.1.
8.6.4 Pursuant to Section 15.4(4) of the Building Code Act, The Corporation shall apply
the cost of the repairs or demolition, if not so paid, to the Collectors Roll of taxes for
the current year and shall be collected in like manner as municipal taxes.
8.6.5 No person shall obstruct or attempt to obstruct an Officer or a person acting under
the Officer's instructions in the exercise of a power or an owner who fails to comply
with a final and binding Order made under the Building Code Act and/or this by-law
and, if the person or owner is a corporation, every director or officer of a
corporation who knowingly concurs in the contravention or failure to comply is
guilty of an offence and on conviction is liable to a fine of not more than $25,000
for a first offence and to a fine of not more than $50,000 for any subsequent offence.
(BCA, S.O. 1992, c.23, Sec 36)
8.6.6 If a corporation is convicted of an offence under Part 8.6.5, the maximum penalty
that may be imposed upon the corporation is $50,000 for a first offence and
$100,000 for any subsequent offence. (BCA, S.O. 1992, c.23, Sec 36)
8.6.7 No person shall remove any notice or placard subsequent to Section 8.5.4 and 8.6.1.
8.7 SEVERABILITY
8.7.1 Should any part, section, subsection or portion of this by-law be repealed or
declared by a court of competent jurisdiction to be illegal, the same shall not affect
the validity of the by-law as a whole or in part thereof, except for that which was
declared to be invalid.
8.7.2 Where a provision of this By-law conflicts with the provisions of another By-
law in force in the Municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
8.7.3 This By-law shall come into force and take effect upon its passing.
8.7.4 That By-law 2006-30 of the Township of Admaston/Bromley and any other by-law
inconsistent with the provisions contained herein are hereby repealed in their
entirety.
8.8 TRANSITIONAL RULES
After the date of the passing of this by-law, the By-law 2006-30 shall apply
only to those properties in which an Order to Comply has been issued prior to the
date of passing of this by-law, and then only to such properties until such time as the
work required by such Order has been completed or any enforcement proceedings
with respect to such Order, including any demolition, clearance, or repair carried out
by the municipality shall have been concluded.
9. SHORT TITLE
9.1 This By-law shall be sited as the "Property Standards By-law."
BY-LAW READ a first and second time this 4th day of October 2018
BY-LAW READ a third time and passed this 4th day of October 2018
_______________________________
________________________
MAYOR
Clerk-Treasurer
SCHEDULE "A"
TOWNSHIP OF ADMASTON/BROMLEY
BY-LAW NUMBER 2018-43 - TITLE: Property Standards By-Law -
set fines for use under Part 1 of the Provincial Offences Act
Item*
Column 1
Column 2
Column 3
Short Form Wording
Provision Creating
Set Fine
Or Defining Offense
1.
Failure to maintain property - urban
Section 2.1.1
$200
2.
Failure to maintain property - rural
Section 5.1.1
$200
3.
Failure to keep yard trimmed & neat - urban
Section 2.2.5
$200
4.
Failure to keep yard trimmed & neat - rural
Section 5.2.4
$200
5.
Failure to keep fences in conformity - urban
Section 2.7.1
$200
6.
Failure to keep fences in conformity - rural
Section 5.7.1
$200
7.
Keep or Permit wrecked objects in yard - urban Section 2.1.3
$200
8.
Keep or Permit wrecked objects in yard - rural Section 5.1.3
$200
9.
Failure to maintain buildings - urban
Section 2.8.1
$200
10.
Failure to maintain buildings - rural
Section 6.1.1
$200
11.
Failure to keep buildings structurally sound
and in conformity
Section 3.1.1
$200
12.
Interference with officer
Section 8.2.4
$125
13.
Unauthorized removal of any notice
Section 8.6.7
$125
14.
Failure to comply with S. 15.9(4)
Order to Remedy Unsafe Building ...
Section 8.6.1
$250
15.
Fail to comply with S. 15.2(2)
Order to Comply ...
Section 8.6.1
$125
*Note: Penalty provision for the offences indicated is in Part 8.4 of By-law No. 2018-43, a
certified copy of which is attached.
SCHEDULE "B"
Rules of Procedure
For the Property Standards Committee
WHEREAS as set out in the Property Standards By-law 2018-43, section 8.3.2., a Property
Standards Committee be established that consists of the members of the Committee of
Adjustment as appointed by Council. . Under subsection 55(1) of the Municipal Act every
local board shall adopt Rules of Procedures for governing the calling, place and proceedings
of meetings;
AND WHEREAS under subsection 15.3 of the Building Code Act, 1992, the Property
Standards Committee hears appeals from Orders to Comply with property standards and
under 15.6(8), may, subject to subsection 15.6(9) respecting notice, adopt its own rules of
procedure and any member may administer oaths; and
AND WHEREAS the Statutory Powers Procedures Act sets out rules of procedures that also
apply to proceedings of the Property Standards Committee and under section 32 the
provisions of this Act prevail in the case of a conflict with provisions of another Act unless it
is expressly provided otherwise in that Act.
THEREFORE The Property Standards Committee of the Township of Admaston/Bromley
enacts as follows:
1.
Definitions
1.1
As used in these Rules of Procedures, the following terms shall have the meanings
indicated:
"Committee" means the Property Standards Committee of the Township of
Admaston/Bromley.
"Council" means the Council of the Township of Admaston/Bromley.
"Inaugural Meeting" means the first meeting of the Committee after its members
have been appointed by Council.
2.
Application
2.1
The rules in this Rules of Procedures shall be observed in all meetings of the
Committee
3.
Matters not dealt with in the rules of procedures
3.1.
If these rules do not provide for a matter of procedure that arises during a meeting,
the practice shall be determined by the Committee.
3.2.
If these rules do not provide for a matter of procedure that arises during a hearing,
the Committee may do whatever is necessary and permitted by law to enable it to
effectively and completely adjudicate on the matter before it.
4.
Meetings
4.1.
The Committee shall hold its inaugural meeting on a date and time to be determined
by the Clerk-Treasurer following the appointment by Council of the Committee
members for the present term or balance of the present term of council.
4.2.
The Committee shall meet at the request of the Chair or when requested to do so by
a majority of the members and the Chair shall summon a meeting of the committee.
4.3.
When the Chair is absent from the Township, or is absent through illness, or refuses
to act, or when the office of the Chair is vacant, a meeting of the Committee may be
summoned by the Clerk-Treasurer on 24 hours' notice when requested to do so in
writing by a majority of the members.
4.4.
Meetings of the Committee shall be held at Municipal Offices or such other location,
as the Clerk-Treasurer deems advisable.
4.5.
A majority of the members of the committee constitutes a quorum at meetings.
4.6.
Before a meeting, if the Secretary determines that there will not be a quorum of
members, the Chair or the Secretary will reschedule the meeting.
4.7.
If no quorum is present 30 minutes after the time appointed for the commencement
of the meeting, the Secretary shall re-schedule the meeting.
5.
Committee Chair
5.1.
The Chair of the Property Standards Committee will be the Chair of the Committee of
Adjustment.
5.2.
When the Chair of the Committee is absent through illness or otherwise, the
Committee may appoint another member as Acting Chair.
5.3.
If the Chair of the Committee resigns as a member of the Committee or resigns as
the Chair of the Committee of Adjustment, the Committee shall appoint another
member as Chair for the balance of the term appointed or until a successor is
appointed.
5.4.
The Chair is the liaison between the members and the Clerk-Treasurer on matters of
policy and process.
6.
Committee Secretary
6.1.
The Clerk-Treasurer is appointed as the Secretary of the Committee and may
delegate administrative responsibilities to a Deputy Secretary.
7.
Schedule of meetings
7.1.
The Committee shall meet on an as-needed basis.
7.2.
A meeting date may be added, cancelled or rescheduled by the Clerk-Treasurer.
7.3.
Each meeting shall commence at the time specified on the agenda and continue until
the agenda is completed.
8.
Agenda
8.1.
The Secretary shall provide an agenda before the meeting to each member of the
Committee.
8.2.
The business of the Committee shall be conducted in the order outlined on the
agenda.
9.
Committee procedures
9.1.
Opening statement
The Chair reads an opening statement outlining the procedure and format of the
Committee hearing process.
9.2
Statements
The Chair will entertain any statements from Committee Members at this time.
9.3.
Motions
The Committee will hear motions with respect to any business properly before the
Committee at this time.
9.4
Hearing of appeals
Subject to any motions previously adopted by the Committee, the Chair will indicate
that the Committee will now hear the first appeal listed on the agenda.
9.5.
Introduction and recording of parties to an appeal
The Chair will request that if anyone wishes to speak to the appeal to identify her or
himself, including any other interested persons who intend to give evidence on behalf
of either party to the appeal.
9.6.
Presentation of order
(1)
The Officer is requested to present the order and related evidence.
(2)
The Officer may be questioned by the Committee Members through the Chair
to clarify any evidence presented.
(3)
If the Appellant is represented by legal counsel, legal counsel may cross-
examine the Officer at this time.
(4)
No legal counsel:
a)
If the Appellant is not represented by legal counsel, any questions the
Appellant, including any Appellant's agent, may wish to ask the Officer
shall be directed to the Committee through the Committee Chair.
(b)
The Committee may allow the question to be put to the Officer or rule
that the question is improper or out of order.
(5)
Every opportunity will be given to the Appellant to view any evidence
submitted by the Officer.
9.7.
Other persons in support of the order
(1)
After any cross-examination of the Officer, the Committee may hear from
anyone else who supports the confirmation of the order.
(2)
Preference in the order of hearing will be given to those who identified
themselves as an "other interested person" at the beginning of the hearing.
(3)
The Committee, through the Chair, may question the persons giving evidence
to clarify any evidence presented.
(4)
Legal counsel may cross-examine the persons and an Appellant not
represented by legal counsel may cross-examine the persons in the manner
provided under Subsection 9.6(4).
9.8.
Presentation of an appeal
(1)
The Appellant or the Appellant's legal counsel is requested to present
evidence with respect to the appeal of the order.
(2)
The Committee may, through the Chair, ask questions of the Appellant to
clarify any evidence presented.
(3)
The Committee will allow the Appellant or the Appellant's legal counsel to
complete their presentation before asking any questions, unless clarification
is required before the presentation is completed. If evidence is to be given by
anyone other than the Appellant or a witness called by the Appellant,
preference of hearing order will be given to those who identified themselves
as "other interested persons" at the beginning of the hearing.
(4)
Persons giving evidence under Subsection 9.8(3) are subject to questions by
the Committee, the Appellant and the Appellant's counsel as described in
Subsection 9.7.(3) and (4).
9.9.
Other representations: recall of Officer
(1)
After the Appellant's presentation, the Committee will hear from anyone else
who wishes to make representations before the Committee pertaining to the
matter.
(2)
Persons giving evidence under Subsection 9.9(1) are subject to questions by
the Committee, the Appellant and the Appellant's counsel as described in
Subsection 9.7(3) and (4).
(3)
The Officer may also be recalled at this time.
9.10. Committee inspection
(1)
The Committee will as a general practice rely on pictures and other diagrams
to describe the property.
(2)
When, after hearing all the evidence, the Committee determines that pictures
and diagrams are not sufficient and that it wishes to inspect the property, the
hearing will be adjourned to a date and time mutually agreed upon.
9.11. Committee decision
(1)
The Committee will give an oral decision or may reserve its decision.
(2)
If the decision is reserved the Committee Chair will advise the Appellant that
the Appellant will be notified by registered mail of the Committee's decision.
9.12. Notice of Decision
The Secretary will forward notice of the Committee's decision to all those notified of
the hearing and to everyone who appears before the Committee.
10.
Grant exceptions from procedures
10.1
A Committee may grant all necessary exceptions from the procedures in Section 9,
as it considers appropriate to ensure that the real questions in issue are determined
in a just manner.
11.
Voting; equality of vote
11.1. The Committee Chair may vote on all motions and other questions submitted at a
Committee meeting.
11.2. In the case of a tie vote, the motion or question shall be deemed to have been lost.
12.
Minutes
12.1. The Secretary shall prepare minutes and hearings of the meetings of the Committee.
12.2. The Committee shall review and adopt the minutes of its previous meeting before
beginning the current agenda.
Read a first and second time this 4th day of October 2018
Read a third time and passed this 4th day of October 2018
______________________
________________________
MAYOR
Clerk-Treasurer