Alfred and Plantagenet, Ontario
· No. 47-2001
· adopted 2001-07-09
· summary & facts
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THE CORPORATION OF THE TOWNSHIP OF
ALFRED AND PLANTAGENET
BY-LAW NO. 47-2001
Being a By-law for prescribing standards for the maintenance and occupancy of
property within the Township of Alfred and Plantagenet and prohibiting the use of any
property that does not conform to the standards and requiring such properties to be
repaired, maintained, or cleared of buildings, structures, debris, or refuse and
prohibiting the remove of any notice, sign, or placard placed thereon in accordance with
this By-law.
WHEREAS under Section 15.1 (3) of the Building Code Act, S.O. 1992, c.23, a
by-law may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official
plan for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plans for the former Corporations of the Township
of Alfred, of the Village of Alfred, of the Township of North Plantagenet and of the
Village of Plantagenet include provisions relating to property conditions;
AND WHEREAS the Council of The Corporation of the Township of Alfred and
Plantagenet is desirous of passing a by-law under Section 15.1 (3) of the Building Code
Act, S.0. 1992, c.23;
AND WHEREAS Section 15.6 (1) of the Building Code Act, S.O. 1992, c.23
requires that a by-law passed under Section 15.1 (3) of the Building Code Act, S.O.
1992, c.23 shall provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Township of Alfred and Plantagenet hereby enacts the
following:
;
1.1
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
SECTION 14
GENERAL
SHORT TITLE
This By-law may be cited as the AProperty Standard By-Lawe
SECTION 2
DEFINITIONS
In this By-law:
"Accessory Building" means a detached building or structure, not used for human
habitation, that is subordinate to the primary use of the same property.
"Apartment Building" means a building containing more than four dwelling units with
individual access from an internal corridor system.
"Approved" means acceptance by the Property Standards Officer.
"Balustrads" means a protective barrier that acts as a guard around openings in
floors or at the open sides of stairs, landings, balconies, mezzanines, galleries,
raised walkways, or other locations to prevent accidental falls from one level to
another such barrier may or may not have openings throught it.
"Basement" means that space of a building that is partly below grade, which has
half or more of its height, measured from floor to ceiling above the average exterior
finished grade.
"Bathroom" means a room containing at least a washbasin and toilet and bathtub or
shower, or two rooms which contain in total at least one washbasin and one toilet
and one bathtub or shower.
"Boarding House" means a building or portion thereof other than a hotel where
lodging with or without meals is provided for compensation to not more than 6
persons exclusive of the proprietor and his family.
"Building" means a structure used for or intended for supporting or sheltering any
use or occupancy.
"Cellar" means that space of a building that is partly or entirely below grade, which
has More thari naif of its neight, measured froiti fioor to ceiling beiow the average
exterior finished grade.
"Commercial Property" means a property used for the sale of goods and for
services and for the purposes of this By-law shall include office buildings, public
halls, licensed premises and private clubs, and any building that is used in
conjunction with these.
"Committee" means the Property Standards Committee established under The
Ontario Buidling Code Act, Section 15.6.
"Corporation" means the corporation of the Township of Alfred and Plantagenet.
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
"Dwelling" means a building or structure or part of a building or structure, occupied
or capable of being occupied, in whole or in part for the purpose of human
habitation.
"Dwelling Unit" means a room or a suite of rooms operated as a house-keeping unit,
used or intended to be used as a domicile by one or more persons and supporting
general living conditions usually including cooking, eating, sleeping, and sanitary
facilities.
"Family" means one or more individuals whether or not related by blood, marriage or
legal adoption and including domestic servants, nursing aids and gratuitous guests,
who live together in one dwelling unit and maintain a common household provided
that a family which is not related by blood, marriage or legal adoption shall not
exceed four individuals.
"Fire Resistance Rating" means the time in hours or fraction thereof that a material
or assembly will withstand the passage of flame and the transmission of heat when
exposed to fire under specified conditions of test and performance criteria, or as
determined by extension or interpretation of information derived therefrom as
prescribed in the Ontario Building Code.
;
"First Storey" means that part of a building having a floor area closest to grade with
a ceiling height of more than 1.8 metres (6 ft.) above grade.
"Floor Area" means the space on any storey of a building between exterior walls
and required firewalls, including the space occupied by interior walls or partitions,
but not including exits, assemblies, vertical service spaces and their enclosing.
"Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, a landing, 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. -
"Habitable Room" means any room in a dwelling unit used for or capable of being
used for living, cooking, sleeping or eating purposes.
"Industrial Property" means a property use for the manufacturing and/or processing
of goods or used for the storage of goods or raw material and any property that is
used in conjunction with these uses.
"Maintenance" means the preservation and keeping in repair of a property.
"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 to a public thoroughfare or an
approved area of refuge usually located outside the building.
"Medical Officer of Health" means the Medical Office of Health of the Eastern
Ontario Health Unit.
"Multiple Dwelling" means a building containing three or more dwelling units.
"Multiple Use Building" means a building containing both a dwelling unit and a non-
residential property.
"Non-Habitable Room" means any room in a dwelling unit other than a habitable
"room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor,
stairway, closet, boiler room, or other space for service and maintenance of the
dwelling for public use, and for access to and vertical travel between storeys, and
basement or part thereof which does not comply with the standards of fitness for
occupancy set out in this By-law.
"Non-Residential Property" means a building or structure or part of a building or
structures not occupied in whole or in part for the purpose of human habitation, and
2.29
2.30
2.31
2.32
4.2,
includes the lands and premises appurtenant and all of the outbuildings, fences or
erections thereon or therein.
"Occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property.
"Occupant" means any person or persons over the age of eighteen years in
possession of the property.
"Officer" means a Property Standards Officer who has been assigned the
responsibility for enforcing and administering this By-law.
"Owner" includes,
the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the person's own account
or as agent or trustee of any other person, or who would so receive the rent if such land
and premises were let, and;
2.33
2.34
2.35
2.36
2.37
2.38
2.39
2.40
2.41
2.42
3.1
(b)
a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the standards
for the maintenance and occupancy of property;
"Person" means an individual, firm, corporation, association or partnership.
"Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile structures,
mobile homes, mobile buildings structures, outbuildings, fences and erections
thereon, whether heretofore or hereafter erected and includes vacant property.
"Public Building" means a building which is staffed by government personnel for the
purpose of servicing the public.
"Repair" includes the provision of facilities, the making of additions or alterations or
the taking of any other action that may be required to ensure that a property
conforms with the standards established in this by-law.
"Residential Property" means any property that is used or designated for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any lands or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard.
"Roomer or Lodger" means a person harboured, received or lodged, in a lodging
house or boarding house in return for compensation.
"Sewage System" means the municipal sanitary sewer system or a private sewage
disposal system approved by the Eastern Ontario Health Unit.
"Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
"Toilet Room" means a room containing a water closet and a wash basin.
"Yard" means the land other than publicly owned land whether it is vacant or around
or appurtenant to the whole or any part of a residential or non-residential property
and used or capable of being used in connection with the property.
SECTION 3
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, the Ontario Fire Code and the Fire Prevention and Protection Act
where applicable.
3.2
YARDS
3.2.1 Every yard, including vacant lots shall be kept clean and free from:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
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;
long grass, brush, heavy undergrowth and noxious weeds as defined by the
Weed Control Act; (such as ragweed, poison ivy, poison oak and poison
sumach);
dilapidated, collapsed or partially constructed structures; which are not
currently under construction;
injurious insects, termites, rodents, vermin or other pests; and
dead, decayed or damaged trees or other natural growth."
accumulations of material, wood, debris or other objects that create an
unsafe or unsightly condition, deleterious to the neighbouring environment.
3.3.
SURFACE CONDITIONS
3.3.1 Surface conditions of yards shall be maintained so as:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
to prevent ponding of storm water;
to prevent instability or erosion of soil;
to prevent surface water run-off from entering basements;
not to exhibit an unsightly appearance;
to be kept free of garbage and refuse;
to be kept free of deep ruts and holes;
to provide for safe passage under normal use and weather conditions, day or
night; and
not to create a nuisance to other property.
3.4
SEWAGE AND DRAINAGE
3.4.1 Sewage shall be discharged into an approved sewage system.
3.4.2 Sewage of any kind shall not be discharged onto the surface of the ground,
whether into a
natural or artificial surface drainage system or otherwise.
3.4.3 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent
property.
3.6
PARKING AREAS, WALKS AND DRIVEWAYS
3.5.1 All areas used for vehicular traffic and parking shall have a surface covering
of asphalt, concrete, or compacted stone or gravel and
3.6
3.7
3.8
3.9
3.10
shall be kept in good repair free of dirt and litter.
3.5.2 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.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
3.6.1 Accessory buildings, fences and other structures appurtenance to the
property shall be maintained in structurally sound condition and in good
repair.
3.6.2 Accessory buildings, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other suitable preservative and shall be of uniform colour
unless the aesthetic characteristics of the said structure are enhanced by the
lack of such material.
GARBAGE DISPOSAL
3.7.1 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that
may accumulate on the property between the regularly designated collection
days. Such receptacles shall be constructed of watertight material, provided
with a tight fitting cover, and shall be maintained in a clean and odour free
condition at all times.
3.7.2 All garbage, refuse, and ashes shall be promptly placed in a suitable
container and made available for removal in accordance with the municipal
garbage by-law where applicabie.
3.7.3 Garbage storage areas shall be screened from public view.
COMPOST HEAPS
3.8.1 The occupant of a residential-property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no
larger than one square meter and 1.8 meters in height and is enclosed on all
sides by concrete block, or lumber, or in a forty-five gallon containers a metal
frame building with a concrete floor, or a commercial plastic enclosed
container designed for composting.
SIGNS
3.9.1 All signs shall be maintained in a good state of repair.
3.9.2 Signs which are damaged or broken, or which are excessively weathered or
fade, or, upen which the finish is worn, peeled or cracked, shall with their
fastenings and supporting members, be removed or refinished and put ina
good state or repair.
BURNT MATERIAL AND DEMOLISHED MATERIAL
3.10.1 In the event of fire or explosion, damaged or partially burnt material and
demolished material shall be forthwith removed from the premises, except
that such material may be temporarily stored within the barricaded fire
damaged building or unit.
SECTION 4
4.1
4.2
4.3
4.4
MAINTENANCE OF BUILDINGS AND STRUCTURES
Structurally Sound
4.1.1
4.1.2
4.1.3
4.1.5
4.1.6
Every tenant, or occupant or lessee of a property shall maintain the property
or part thereof and the land which they occupy or control, in a clean, sanitary
and safe condition and shall dispose of garbage and debris on a regular
basis, in accordance with municipal by-laws.
Every tenant, or occupant or lessee of a property shall maintain every floor,
wall,
ceiling and fixture, under their control, including hallways,
entrances, laundry rooms, utility rooms, and other common areas, in a clean,
sanitary and safe condition.
Accumulations or storage of garbage, refuse, appliances, or furniture in a
means of egress shall not be permitted.
Every part of a property shall be maintained in a structurally sound condition
so as to be capable of safely sustaining its own weight load and any
additional load to which it may be subjected through normal use having a
level of safety as required by the Ontario Building Code.
Materials which have been damaged or show evidence of rot or other
deteriorating shall be repaired or replaced.
All exterior surfaces shall be of materials which provide adequate protection
from the weather.
Pest Prevention
4.2.1
4.2.2
All property shall be kept free of rodents, vermin, and insects at all times
and
methods used for exterminating rodents, vermin, or insects
shall be in
accordance with the provisions of the Pesticides Act.
Openings and windows or ventilators used or required for ventilation, and
any other openings in a basement or cellar including a floor drain, that might
permit the entry of rodents, shall be screened with wire mesh, metal grill or
other durable material which will effectively exclude rodents.
Foundations
4.3.1
4.3.2
Foundations shall be of masonry, concrete or other acceptable materials,
and designed-to adequately support the icads imposed and provide a dry
basement or crawl space. They shall be free of leaks and defective mortar
joints or masonry. Foundation walls shall be waterproof and dampproof to
prevent the entry of moisture or water into the basement, cellar or crawl
space.
Every basement, cellar and crawl space in a dwelling or building shall be
adequately drained, and adequately ventilated to the outside air.
Basement and Cellar Floors
4.4.4 Every basement and cellar shall have a floor of concrete, masonry or other
impervious material and where a floor drain is necessary it shall be located at
the lowest part of the said floor and connected to the storm sewer system, if
possible.
4.4.2 Basements, cellars or crawl spaces which are not served by a stairway
leading from the building or from outside the building may have a dirt floor
provided it is covered with a moisture proof covering.
4.5
Dampness
4.5.1 The interior floors, ceiling and walls shall be kept free from dampness arising
from the entrance of moisture through an exterior wail or a roof, or through a
cellar, basement or crawl space floor.
4.5.2 The insulation requirements of the Ontario Building Code as amended from
time to time, shall be complied with where necessary and practical.
4.6
Exterior Walls
4.6.1 The exterior walls, and other parts of the building shall be free from loose,
rotted, warped and broken materials and objects. Such materials and objects
shall be removed or repaired.
4.6.2 All exterior surfaces shall be of materials which provide adequate protection
from
the weather.
4.6.3 The exterior walls and their components shall be adequate to support the
loads
upon them and 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 and shall be so maintained by
the
painting, restoring or repairing of the walls, coping or flashing and by the
waterproofing of joints and of the walls themselves.
4.6.4 All air conditioners which are installed and operated directly over a public
sidewalk shall be equipped with proper devices for the prevention of
condensation drainage upon the sidewalk.
4.6.5 Exterior walls of a dwelling and their components shall be free of
unauthorized
signs, painted slogans, graffiti and similar defacements.
4.7
Roof
4.7.1 All roof construction components shall provide adequate support for all
probable
loads, and form a_
suitable base for the roof covering. The 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 building, and
where necessary shall be
maintained by the repair of the roof and flashing, or by
applying waterproof
coatings or coverings.
4.7.2 All roof construction components shall provide adequate support for all
probable
loads, and form a suitable base for the roof covering.
4.7.3. Dangerous accumulations of snow or ice or both shali be removed from the
roof
of a dwelling or building.
48
Doors and Windows
4.8.1 Windows, doors, skylight, and basement or cellar hatchways shail be
maintained in good repair, weather tight and reasonably draught-free, to
prevent heat loss and infiltration by the elements. Maintenance includes
painting, replacing damaged doors, frames and other components, window
frames, sashes and casings, replacement of non-serviceable hardware and
re-glazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
4.9
4.10
4.11
4.12
4.8.2 All windows that are intended to be opened and all exterior doors shall have
suitable hardware so as to allow locking or otherwise securing
from inside the dwelling unit. At least one entrance door to a dwelling unit
shall have suitable hardware so as to permit locking or securing from either
inside or outside the building.
4.8.3 Every window in a leased dwelling unit that is located above the first storey of
a
multiple dwelling shall be equipped with an approval safety
device that would prevent any part of the window from opening greater that
would permit the passage of a 100mm 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.
Stairs, Porches and Balconies
4.9.1. Inside or outside stairs, balconies, porches or landings, shall be maintained
so as to be free of holes, cracks and other defects which constitute accident
hazards, existing stairs treads or risers that show excessive wear or are
broken, warped or loose, and any supporting structural members that are
rotted or deteriorated, shall be repaired or replaced.
4.9.2 A guard shall be installed and maintained in good repair on the open side of
any
stairway ramp containing three (3) or more risers including the
landing of 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. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
Walls and Ceilings
4.10.1 Every walls and ceiling finish shall be maintained so as to be free of holes,
cracks,
loose coverings or other defects which would permit
flame or excessive heat to
enter the concealed space. Walls
surrounding showers and bathtubs shall be
impervious to water.
4.10.2 Where dwelling units are separated vertically, the dividing walls from the top
of the footings to the underside of the roof deck, and any space between the
top of the wall and the roof deck shall be tightly sealed by caulking, mineral
wool or similar non-combustible material, and such walls shall conform to the
fire resistance ratings contained in the Ontario Building Code.
Floors
4.11.1 Every floor shall be smooth and level and be maintained so as to be free of
all loose, warped, protruding, broken or rotted beards that might cause an
accident
and all defective floor boards shall be repaired or replaced.
4.11.2 Where floor boards have been covered with linoleum or some other covering
that has become worn or torn so that it retains dirt or might cause an
accident, the
linoleum or other covering shall be repaired, replaced or
removed.
4.11.3 Every floor in a bathroom, toilet room, kitchen, shower room and laundry
room shall be maintained so as to be impervious to water and readily
cleaned.
Egress
4.12.1 Every required exit from a residential building shall open directly to a street or
4.13
5.1
5.2
5.3
by the
outer court. In the case of a one family dwelling, there shall be at least two
exits suitably remote from each other, from the first storey.
4.12.2 Every dwelling which contains dwelling units located other than on the
ground floor shall be provided with a second means of egress.
4.12.3|In the case of a multiple dwelling, wherever there are not two means of
egress from each apartment, suitably remote from each other, there shall be
ready access
to at least two means of egress leading to separate and
independent exits.
4.12.4 A required exit shail not pass through an attached garage, or built-in garage
or an enclosed part of another dwelling unit.
4.12.5 All Commercial, Institutional and Industrial building shall be provided with
exits of size and number so as to be in compliance with the requirements of
the Ontario
Building Code, as amended from time to time for the appropriate group and
division.
Air Conditioners
4.13.1 All air conditioners shall be maintained in a safe mechanical and electrical
condition and shall not adversely affect areas beyond the limits of the
property by reason of noise or condensation drainage.
SECTION 5
STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
Cleanliness
5.1.1 Every floor, wall, ceiling and fixture in any building shall be maintained in a
clean and sanitary condition, and the building shall be kept free from rubbish,
debris or conditions which constitute a fire, accident or health hazard.
Water
5.2.1 Every dwelling unit, commercial, institutional or industrial building shall be
provided with an adequate supply of drinkable running water from a source
approved by the Medical Officer of Health.
5.2.2 Every sink, washbasin, bathtub, or shower required by this by-law shall have
an
adequate supply of hot and cold running water. Hot water shall
be supplied ata
temperature of not less that 43 degrees celcius
(110° f).
5.2.3 Adequate running water shall be supplied to every water closet.
Plumbing
5.3.1 Sewage shall be discharged into the sewerage system or a system approved
Eastern Ontario Health Unit.
5.3.2 All plumbing, drain pipes, water pipes and plumbing fixtures in every building
and every connecting line to the sewage system shall be
maintained in good working order and be protected from freezing.
5.3.3 The plumbing system shall provide satisfactory hot and cold water supply,
drainage, venting and operation of fixtures.
5.3.4 Every water heater shall have sufficient capacity to provide an adequate
supply of
hot water at all times in all parts of every building,
dwelling unit, or shared
facility.
5.3.5 All plumbing fixtures and piping shall conform to all Federal and Provincial
legislation and regulations and to Municipal By-laws.
5.4
Toilet, Kitchen and Bathroom Facilities
5.4.1 Every dwelling unit except as provided in subsection 5.4.2 hereof, shall
contain
plumbing fixtures consisting of at least:
(a)
water closet,
(b)
akitchen sink,
(c)
awashbasin,
(d)
a bathtub or shower
5.4.2. The occupants of not more than two dwelling units may share a water closet,
washbasin and bathtub or shower, provided:
(a)
not more than a total of eight persons occupy both dwelling units,
(b)
access to the fixtures can be gained without going through rooms of
another dwelling unit or outside the dwelling.
5.4.3. In
arooming house there shall be a water closet, washbasin and bathtub or
shower
for not more than eight persons and these facilities shall be located on
the same
storey as, or on the next storey up or down from the storey on which
the room
or dwelling unit is located.
5.4.4 Every Commercial, Institutional and Industrial building shall contain plumbing
fixtures in accordance with the appropriate Provincial legislation.
5.4.5 All bathrooms and toilet rooms shail be located within and be accessible from
within the building which it serves, unless otherwise approved by the Medical
Officer of Health.
5.4.6 All bathrooms and toilet rooms shall be fully enclosed and have a door
capable of
being locked so as to provide privacy for the occupant.
5.4.7 Where practical a washbasin shall be located in the same room as the water
closet.
5.4.8 No facilities for the preparation, cooking, storage or consumption of food or
for
sleeping shall be within a room that contains a toilet.
5.5
Kitchens
5.5.1 Every kitchen area shall be equipped with a sink served with hot and cold
running
water, storage facilities and counter tcp work area and space shall be
provided for
5.5.2
impervious
5.5.3
a stove and a refrigerator.
The back splash and counter top around the kitchen sink shall have an
surface.
Every kitchen shall be provided with an adequate and approved gas or
electrical supply for cooking purposes and there shall be at feast 76
centimetres clear space above any exposed cooking surface.
5.6
Garbage, Refuse Storage Rooms and Chutes
5.6.1 Where garbage, refuse storage rooms and chutes are provided they shall be
in conformity with the Ontario Building Code as amended from time to time,
and maintained in a clean and sanitary condition.
5.7
Heating System
5.7.1 Every dwelling and/or dwelling units shall be provided with a suitable heating
system capable of maintaining a room temperature of 21
degrees Celsius and not less than 16 degrees Celsius. In an unfinished
basement or clear crawl spaces no heat is needed.
5.7.2 The heating system required by Section 5.7.1 shall be maintained in good
working
condition so as to be capable of heating the dwelling safely to the
required
standard.
and
5.8
5.7.3 No heating appliance or device shall be located closer than 60 centimetres to
any
combustible material unless protected, nor placed so as to
impede the free
movement of persons within the room
where it is located.
5.7.4 Aspace that contains a heating unit shall have natural or mechanical means
of supplying air in such quantities to provide adequate combustion.
5.7.5 Where a heating system, or part of it, or any auxiliary heating system, burns
solid or liquid fuel, a space or receptacle for the storage of the fuel shall be
provided and maintained in a convenient location and properly constructed
so as to be free
from fire or accident hazards.
5.7.6 All fuel burning appliances, equipment, and accessories in a dwelling shall
be properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
5.7.7 Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the dwelling.
5.7.8 All flues shall be kept clear of obstructions, all open joints shall be sealed
and alli broken and loose masonry shall be repaired.
5.7.9 Fireplaces and similar construction used or intended to be used for burning
fuels in open fires shail be connected to an approved chimneys and shall be
installed
so as not to create a fire hazard to nearby or adjacent combustible materials
structural members.
5.7.10 Auxiliary heaters shall not be used as a primary source of heat.
5.7.11 In multiple dwelling provided with a central heating system, the heating unit
shall be located in a separate room having walls, ceilings and doors all of
which shall have the appropriate fire resistance rating as required by the
Ontario Building Code.
5.7.12 In all commercial, institutional or industrial buildings provided with a fuel fired
appliance, the said fuel fired appliance shall be located in a separate room,
having walls, ceiling, and doors, all of which have the appropriate fire
resistance rating as required by the Ontario Building Code.
5.7.13 An adequate supply of fuel shall be available at all times.
Electrical Service
5.8.1 Electrical installations, including the service capacity of the installation and
the
number and distribution of circuits, shall conform to the Ontario
Electrical Safety Code made pursuant to the Power Commission Act of
Ontario, as amended from time to time.
5.8.2 Every habitable room, except for a kitchen, shall contain at least one
electrical
§ duplex convenience outlet. There shall be an additional duplex
convenience outlet for each 9.3 square metres of floor area in excess of
11.1 square meters.
5.9
5.10
5.11
5.8.3 Every kitchen shall have at least two electrical duplex convenience outlets,
which shall be on separate circuits. One such outlet shall be provided over
the counter top work surface and one shall be provided at the refrigerator
space. In addition, an outlet shall be provided in a dining area forming part of
a kitchen.
5.8.4 Fuses or overload devices shall not exceed limits set by the Hydro Electric
Power Commission of Ontario.
5.8.5 An electrical permanent light fixture shall be installed in every bathroom,
toilet room, laundry room, furnace room, kitchen, hallway, basement, cellar
and non-habitable work or storage room.
5.8.6 Extension cords shall not be permitted on a permanent basis.
5.8.7 The electrical wiring and all electrical fixtures located or used in any building
shall be installed and maintained in good working order and in conformity
with the regulations of the Hydro Electric Power Commission of Ontario, as
amended.
5.8.8 The electrical wiring and all equipment and appliances shall be installed and
maintained in good working order so as not to cause a fire or electrical
shock or -- other hazard.
Light
5.9.1 Every habitable room, except for a kitchen, shall have a window or windows,
skylights or translucent panels that face directly outside at least 15
centimetres above the adjoining finished grade with an unobstructed light
transmitting area of not less than ten percent of the floor area of such
rooms. The glass area ofasash
door may be considered as a portion of
the required window area.
5.9.2 Every public hall and stair in all buildings shall be illuminated at all times so
as to provide safe passage.
5.9.3 Every stairway, halls, cellar and basement, and every laundry, furnace and
non-
habitable work room in a dwelling shall have a permanently installed
artificial
lighting fixture that shall be maintained in good working order.
Ventilation
5.10.1 Every habitable room in a dwelling unit, including kitchens, bathroom or toilet
rooms, shall have openings for ventilation providing an unobstructed free
flow of air of at least 0.28 square metres (3 sq. ft.), or an approved system of
mechanical ventilation that would provide the adequate hourly air exchanges.
5.10.2 Openings for natural ventilation may be omitted from a kitchen, living room or
living-diningreom, basement, celiar and crawi space if mechanical ventilation
is
provided which changes the air once every hour.
5.10.3 All system of mechanical ventilation or air conditioning shall be maintained
in
good working order.
5.10.4 Every basement, cellar, and unheated crawl space shall be adequately
vented to
the outside air by means of screened windows which can be
opened or by louvres with screened openings if no mechanical ventilation is
provided.
Fire escapes, alarms and detectors
5.11.1 A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
6.1
6.2
6.3
71
7.2
provided by the owners of buildings of residential occupancies when sleeping
accommodations are provided where a public corridor or exit serves not
more than four dwelling units or individual leased sleeping rooms.
9.11.2 In addition to the provisions of subsection 5.11.1 hereof, in every dwelling
unit in a building, a listed smoke alarm, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, or detectors of the
single station alarm type, audible within bedrooms when interconnecting
doors are closed, shall be installed by the occupant between bedrooms or
the sleeping area and the remainder of the dwelling unit, such as in a hallway
or corridor serving such bedrooms or sleeping area. The products of
combustion detector referred to shall;
(2 \l
be equipped with visual or audio indication that they are in operating
condition; and
(1 )l
be mounted on the ceiling or on the wall between 15 and 30 centimeters (6 to
12 inches) below the ceiling
SECTION 6
OCCUPANCY STANDARDS FOR DWELLINGS
The number of occupants, residing on a permanent basis in a individual dwelling unit, shall
not exceed one person for every nine square metres (97 sq. ft), of habitable floor area. For the
purpose of computing habitable floor area, any area with the minimum ceiling height less
than 2.1 metres (7 ft.) shall not be considered.
No room shall be used for sleeping purposes unless it has a minimum width of two metres
(6.6 ft.), and no floor area of at least seven square metres (75 sq.ft.). A room used for
sleeping purposes by two or more persons shall have a floor area of at least four square
metres (43 sq.ft) per person.
Any basement, or portion thereof, used as a dwelling unit shall conform to the following
requirements:
(a)
each habitable room shall comply with all the requirements set out in this By-law;
(b)
floors and walls shall be constructed so as to be damp proof and impervious to water
leakage;
(c)
each habitable room shall be separated from service rooms by a suitable fire
separation and approved under the Ontario building Code;
(d)
access to each habitable room shall be gained without passage through a service
room.
SECTION 7
VACANT LANDS AND BUILDINGS
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 where applicable.
VACANT LANDS
7.2.1 Vacant land shall be maintained to the standards set out in Section 3, subsection 3.02,
of this By-Law.
7.2.2 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
7.3
8.1
8.2
8.3
8.4
8.5
8.6
8.7
VACANT BUILDINGS
7.3.1
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.
7.3.2 The owner or agent of a vacant building shall board up the building to the satisfaction
of the Property Standards Officer by covering all openings through which entry may
be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely
fastened to the building and painted a colour compatible with the surrounding walls.
SECTION 8
ADMINISTRATION AND ENFORCEMENT
This By-Law shall apply to all property within the limits of the Township of Alfred and
Plantagenet.
The imperial measurements contained in this By-Law are given for reference only.
OFFICERS
8.3.1 The Council of the municipality shall appoint a Property Standards Officers (s) to be
responsible for the administration and enforcement of this By-Law.
PROPERTY STANDARDS COMMITTEE
8.4.1
Council shall appoint, by resolution no fewer than three (3) persons of the
municipality to the Property Standards Committee for a term of office concurrent
with Council.
8.4.2 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 the manner as prescribed in section 15.3 (1) of the Act.
COMPLIANCE
8.5.1 The owner of any property which does not conform to the standards as set out in this
By-Law shall repair and/or maintain said property to comply with the standards or the
property shall be cleared of all buildings, structures, debris or refuse and left in a
levelled and graded condition.
VALIDITY
8.6.1
Ifan article of this By-Law is for any reason held to be invalid, the remaining articles
shall remain in effect until repealed.
8.6.2 Where a provision of this By-Law conflicts with the provision of another By-Law in
force within the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
TRANSITIONAL RULES
8.7.1
After the date of the passing of this By-Law, it shall not apply 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.
8.8
9.1
9.2
9.3
ISSUANCE OF COMPLIANCE CERTIFICATE
8.8.1
Following the inspection of a property, the officer may, or upon request from the
owner shall, issue to the owner a certificate of compliance if, in his opinion, the
property is in compliance with the standards of this By-law.
8.8.2 Ifa certificate of compliance is issued at the request of the owner, the owner shall pay
a fee of ($50.00) fifty dollars.
SECTION 9
AUTHORITY
This By-law shall be read subject to The Building Code Act, $.0., 1992, c23, as amended
from time to time, and whenever the provisions of this By-law conflict or are otherwise
inconsistent with provisions of The Building Code Act, the provisions of The Building Code
Act shall be deemed to be incorporated in this By-law.
That By-law 55-86 of the former Township of Alfred, By-law 354-87 of the former village of
Alfred, By-law no.83-140 of the former Township of North Plantagenet, By-law no. 86-8 of
former village of Plantagenet are hereby repealed.
This By-law shall come into force on the date it is passed by the Council of the
Corporation of the Township of Alfred and Plantagenet.
Read a First, Second and Third time and finally passed this 9" day of July 2001.
Mayor, Jean-Claude Trottier
Clerk,