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THE CORPORATION OF THE
TOWNSHIP OF ALNWICK/HALDIMAND
BY-LAW NO. 10-2015
BEING A BY-LAW TO PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY IN DEFINED AREAS
OF THE TOWNSHIP OF ALNWICK/HALDIMAND
WHEREAS the Ontario Building Code Act, S.O. 1992, c.23, Section 15(3) provides for
the Councils of municipalities to pass by-laws prescribing standards for the
maintenance and occupancy of property and requiring non-conforming properties to
be brought into conformance with the by-law;
AND WHEREAS the Council of the Township of Alnwick//Haldimand deems it
necessary and expedient to pass a By-law prescribing standards for the maintenance
and occupancy of property within certain areas of the Municipality and for prohibiting
the occupancy or use of such property that does not conform to the standards and for
requiring property below the standards prescribed in the By-law to be repaired and
maintained to comply with the standards or for the site to be cleared of all buildings,
structures, debris or refuse and left in a graded or leveled condition;
AND WHEREAS it is desirable for the protection of the safety, health and well being
of the residents, and;
NOW THEREFORE the Council of The Corporation of the Township of
Alnwick/Haldimand hereby ENACTS as follows:
SECTION 1 - TITLE, APPLICATION AND SCOPE
1. Title of By-Law
This By-Law may be cited as the “Property Standards By-Law”
2. Application
The provisions of this By-law shall apply to all property within the
geographic limits of the Township of Alnwick/Haldimand.
3. Scope of By-law
When any provision of this By-Law is declared invalid for any reason by a
court of competent jurisdiction, the remainder of this By-law still continues
in force.
4. Interpretation
Unless the contrary intention appears in this by-law, words importing the
singular number or the masculine gender only, include more persons,
parties or things of the same kind than one, and females as well as males;
and the converse.
In this by-law, unless the contest clearly requires otherwise, words used in
the present tense include future; words in the singular number include the
plural; words in the plural include the singular number; the word “use” or
“to use” includes “arrange for use”, “design for use”, “intend for use”,
“permit to be used”, and “erect for use”; and the word “shall” is mandatory
and not discretionary.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 2
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
Where a regulation involves two or more items, conditions, provisions or
events connected by the conjunction “and”, “or”, or “either-or”, the
conjunction shall be interpreted as follows:
a.) “and” indicated that all connected items, conditions, provisions or
events shall apply in any combination;
b.) “or” indicates that the connected items, conditions, provisions or
events may apply single or in combination;
c.) “either-or” indicates that the connected items, conditions, provisions
or events shall apply single but not in combination.
dy General Duty to Repair and Maintain Property
a.) | The owner or purchaser, under an agreement of sale, shall repair and
maintain the property in accordance with the standards prescribed in
this By-law to the satisfaction of the officer.
b.) | Notwithstanding subsection a), where the maintenance of any
property affected by this By-law is by written terms of a lease or an
agreement for occupancy made the responsibility of the occupant,
the Officer may, at his discretion, require the occupant to repair and
maintain the property in accordance with the standards prescribed in
this By-law to the satisfaction of the Officer. Such standards would
include the following:
i.) limit occupancy of that part of the premises which he occupies
or controls to the maximum permitted by this By-law;
ii.) maintain that part of the premises which he occupies or
controls in clean, sanitary, and safe condition;
iii.) | maintain all plumbing and refrigeration fixtures as well as
other building equipment and storage facilities in that part of
the premises which he occupies or controls in a clean and
sanitary condition and provide reasonable care in the
operation and use thereof;
iv.) maintain a safe, continuous, and unobstructed exit from the
exterior of the building to the exterior at the street or grade
level;
Vv.) dispose of garbage and refuse and waste into receptacles in a
clean sanitary manner, in accordance with the provisions
established in this By-law;
vi.) | Exterminate insects, rodents, and other pests;
vii.) maintain yards in a clean, sanitary, safe condition and free
from infestation insofar as he occupies or controls the yards.
c) No person shall occupy or let to another for occupancy any property,
which does not comply with the regulations of this By-law.
SECTION 2 - DEFINITIONS
1. Accessory Building - means a detached building or structure, the use of which is
customarily incidental and subordinate to a principle use, building or structure
and located on the same lot therewith.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 3
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
2.
Approved — means, as applied to a grade, material, device or method of
construction, approved by the Property Standards Officer under the provisions
of this By-law; approved by the Building Inspector under the provisions of the
building code; approved by the Fire Chief under the provisions of the fire code,
or approved by other authority designated by law to give approval to the
matter in question.
. Balustrade - means a row of balusters or spindles surmounted by a railing.
Bathroom - means a room containing at least one toilet and bathtub or shower,
or two rooms, which contain a total of at least one toilet and one bathtub or
one shower.
Basement - means that portion of a building between two floor levels which is
partly underground but which has at least one-half of its height, from finished
floor to finished ceiling, above the adjacent finished grade level adjacent to the
exterior walls of the building. CELLAR means that portion of a building
between two floor levels which is partly or wholly underground and which has
more than one-half of its height, from finished floor to finished ceiling, below
the adjacent finished grade.
Building - means a structure having a roof, supported by columns or walls or
supported directly on the foundation and used for the shelter or
accommodation of persons, animals or goods.
Committee - means a Property Standards Committee, established under Section
15.6 of The Building Code Act, S.O. 1992, c.23 as set out in this By-law.
Corporation - means The Corporation of the Township of Alnwick/Haldimand.
Dwelling - means a building or structure or part of a building or structure
occupied or capable of being occupied for human habitation, and includes a
building that would be or could be intended to be used for such purpose except
for its state of disrepair and shall include any mobile dwelling unit.
10. Dwelling Unit - means a suite of two or more rooms, designed or intended for
use by one family only, in which sanitary conveniences are provided, in which
facilities are provided for cooking, or the installation of cooking equipment, in
which heating system is provided and containing a private entrance from
outside the building or from a common hall or stairway inside.
11. Fire Resistance Rating - means time in hours or parts thereof that a material
construction or assembly will withstand fire exposure, as determined in a fire
test made in conformity with generally accepted standards, or as determined by
extension or interpretation of information derived there from.
12. Ground Cover - means organic or non-organic materials applied to prevent the
erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass, or other
forms of landscaping.
13. Habitable Room - means a room designed for living, sleeping, eating or food
preparation including a den, library, sewing-room or enclosed sunroom.
14. Maintenance - means a preservation and keeping in good repair of a property.
15. Municipality - means the Township of Alnwick/Haldimand.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 4
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
16. Multiple-Use Building - means a building used or capable of being used for
both residential and non-residential purposes.
17. Non-Residential Property - means a building or structure or part of a building
or structure not occupied in whole or in part for the purposes of human
habitation, with the lands and premises appurtenant thereto, and _ all
outbuildings, fences or erections thereon or therein.
18. Noxious - means when used with reference to any land, building or structure,
a use which, from its nature, or from the manner of carrying on same, create or
is liable to create, by reason of destructive gas or fumes, dust, objectionable
odor, noise or vibration or unsightly storage of goods, wares, merchandise,
salvage, junk, waste or other material, a condition which may become
hazardous or injurious as regards health or safety or which prejudices the
character of the surrounding area or interferes with or may interfere with
normal enjoyment of any use of land, building, or structure.
19. Notice - means a notice of violation and order to demolish or repair property
served by an officer pursuant to this By-law.
20. Occupancy - means a use or intended use of a building or part thereof for the
shelter or support of persons, animals, or property.
21. Occupant - means any person or persons over the age of eighteen years in
possession of the property.
22. Officer - means a Property Standards Officer appointed by the Corporation to
administer and enforce this By-law.
23. Owner - includes:
a. the person who, for the time being, receives the rent of, or manages, or
pays the municipal taxes on residential property in connection with which
the word is used, whether on his own account or as agent or trustee of
any other person, or who would so receive rent if the residential
property were let; or
b. a vendor of such land under an agreement for sale who has paid any
municipal taxes thereon after the effective date of the agreement; or
c. the person for the time being receiving installments of the purchase
price of the land or premises in connection with which the word “owner”
is used, sold under an agreement for sale whether on his own account or
as an agent or trustee for any other person or who would so receive the
installments of the purchase price if such land or premises were sold
under an agreement of sale; and
d. 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.
24.) Person — means any human being, association, firm partnership,
incorporated company, corporation agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the context
can apply according to the law.
25.) Plumbing and Plumbing Fixtures - means water heating facilities, water
pipes, gas pipes, garbage disposal units, water closets, bathtubs,
showers, installed clothes washing or drying machines, laundry tubs,
sinks or other similar equipment; catch basins, drains, vents, traps,
together with all connection to water, gas, Sewerage, or vent pipes.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 5
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
26.)
27.)
28.)
29.)
30.)
31.)
aA)
52.)
34.)
35.)
36.)
1.)
Premises - means that portion of real property which is owned by a
specific person and includes all buildings and structures thereon.
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, fences, and
erections thereon, whether heretofore or hereafter erected and includes
vacant property.
Repair - means taking the necessary action to bring property to the
standards prescribed by this By-law.
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 lands or buildings
that are appurtenant to such establishment.
Sewerage System - means a private sewage disposal system approved
by the Medical Officer of Health.
Standards - means the standards for the maintenance and improvement
of the physical condition and for the fitness for occupancy prescribed in
this By-law.
Sub-Standard - means a quality less than that required by this By-law.
Supplied - means installed, furnished or provided by the owner.
Unsafe Condition - means any condition that would cause undue or
unexpected hazard to life, limb or health of any person authorized or
expected to be on or about the premises.
Yard - means a space, appurtenant to a building or structure, located on
the same lot as the building or structure, and which space is open,
uncovered and unoccupied from the ground to the sky except for such
accessory buildings, structures, or uses as are specifically permitted.
Zone, (Zoning) - Means an area of the municipality as delineated,
designated, and described in the zoning by-law.
SECTION 3 - MAINTENANCE OF YARD AND ACCESSORY
BUILDINGS, (ALL ZONES)
Yards
All yards shall be kept in a neat and tidy condition, free from:
a.) rubbish, garbage, waste and other debris;
b.) | objects and conditions that are health, fire or accident hazards;
c.) | heavy undergrowth and noxious plants, such as ragweed, poison
ivy, poison oak, etc. and excessive growth of grass, weeds and
other vegetation;
d.) | dead, decaying or damaged trees or other natural growth, and
the branches and limbs which create an unsafe or unsightly
condition;
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 6
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
Zi)
3.)
4.)
5.)
e.) wrecked, dismantled, inoperative, unused or unlicensed vehicles,
trailers, or other machinery or any part thereof and junk and
refuse of any kind, except in an establishment licensed or
authorized to conduct and operate such a business, and then only
in an arrangement such as to prevent an unsafe condition or an
unsightly condition out of character with the surrounding
environment.
Landscaping
a.) | Hedges, planting, trees or other landscaping, required by the
Municipality as a condition of site development, redevelopment or
rearrangement, shall be maintained in a living condition or shall
be replaced with equivalent landscaping, so as to carry out their
intended function and maintain an attractive appearance.
b.) | Suitable groundcover shall be provided to prevent erosion of the
soil. Where grass forms a part of the groundcover, and such
grass has been killed, such dead areas shall be re-sod or reseeded
or sod laid as often as required so as to restore the grass to a
living condition.
c.) All areas used for vehicular traffic, parking, and facilities for
loading and unloading shall be maintained in good repair, free of
potholes, and adequately drained.
Rubbish
a.) Sufficient receptacles shall be provided to contain all garbage,
rubbish, ashes and waste. The receptacles shall be made of:
metal or plastic; made of watertight construction; provided with a
tight fitting cover; and maintained in a clean state.
b.) Every property shall be kept free of such refuse or litter.
Cc.) Every non-residential building shall provide sufficient receptacles
to contain all refuse and litter as may be left by customers or
other members of the public.
Passageways
Steps, walks, driveways, parking spaces and similar uses of a yard shall
be maintained so as to afford safe passage under normal use and
weather conditions.
Drainage
a.) Exterior property areas shall be graded and maintained in such a
manner as to prevent the excessive or recurrent ponding of storm-
water thereon, and shall be cultivated or protected with suitable
groundcover to prevent erosion of the soil.
b.) No roof drainage shall be discharged on sidewalks, stairs or
neighboring property or into a sanitary sewer.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 7
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
6.)
fe)
8.)
Sewage
All sewage shall be discharged into a private sewage disposal system
approved by the Medical Officer of Health and at no time shall sewage
be discharged onto the surface of the ground whether into a natural or
artificial surface drainage system or otherwise.
Signs
All signs permitted under By-laws of the Corporation shall be maintained
in a good state of repair.
Accessory Buildings and Fences
a.) Accessory buildings including garages, carports, and fences shall
be kept in good repair and free from health, fire and accident
hazards.
b.) | Where an accessory building or any condition in a yard may
harbour noxious insects or rodents, all necessary steps shall be
taken to eliminate the insects or rodents and to prevent their
reappearance.
Cc.) Exteriors of accessory buildings shall be kept weather resistant
through the use of appropriate weather resistant materials.
Without restricting the generality of the foregoing, accessory
buildings used during the normal pursuits of agriculturally-based
operations shall be kept as weather resistant as is commonly
accepted for such uses.
d.) All dilapidated auxiliary buildings and fences shall be removed or
repaired.
SECTION 4 - MAINTENANCE OF BUILDINGS
iL.
Structural Capability
A building, accessory structure or any part thereof shall be maintained in
a structurally sound condition so as to be capable of sustaining its own
weight or any additional weight, which may be put on it through normal
use, and materials which show damage or evidence of decay or oniet
deterioration shall be repaired or replaced.
Fire and Accident Prevention
a.) | When, because of the existence of a building or accessory
structure, or the contents thereof, an unsafe condition exists to
persons on or about the exterior property areas of a premises, the
building code shall apply to the extent necessary to abate the
unsafe condition.
b.) In the event that strict application of the regulations in the
building code is not practical, the Property Standards Officer may
accept alternative measures provided the standard of safety that
results is generally equivalent to the standard provided by the
detailed building code regulations.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 8
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
C.)
d.)
e.)
In the event of fire or other disaster, measures shall be taken as
soon as possible to make the damaged building or accessory
structure compatible with its environment. Without restricting the
generality of the foregoing, such measures include making the
building or accessory structure safe; repairing damaged surfaces
exposed to view; and refinishing so as to be in harmony with
adjoining undamaged surfaces and the general environment.
In the event the building or accessory structure is beyond repair,
the land shall be cleared of all remains and left in a graded, level,
and tidy condition.
Materials of an inflammable nature shall be safety stored or
removed at once from the property.
3. Pest Prevention
a.)
b.)
A building shall be maintained free from rodents and insects at all
times and methods used for exterminating rodents or insects or
both shall conform to generally accepted practice.
A basement or cellar window used for ventilation and any other
opening in a basement or cellar that might let in rodents shall be
screened with wire mesh or such other material as will effectively
exclude rodents.
4. Ventilation and Lighting
a.)
b.)
d.)
Adequate lighting fixtures shall be installed and maintained in all
areas so that the work or operations normally carried out in such
areas, or the use of such areas, can be undertaken in safety and
without undue eye strain.
Every habitable room and every bathroom and toilet room shall
have adequate ventilation.
Where an aperture such as a window, skylight, or louver is used
for ventilation, the aperture shall be maintained so as to be easily
opened, kept open, and closed.
Where a system of mechanical ventilation or air conditioning such
as an electric fan with a duct leading to outside the dwelling has
been authorized by By-law and installed in a dwelling, the
authorized system shall be maintained in good working order.
5. Foundations
a.)
The foundation walls and the basement, cellar, or crawl space of
a building or an accessory structure shall be maintained in good
repair so as to prevent settlement detrimental to the appearance
of the building, or the entrance of moisture, insects, or rodents
into the building.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 9
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
b.)
Without limiting the generality of subsection (a), the maintenance
of a foundation includes:
i) the jacking-up, underpinning or shoring of the foundation
where necessary;
ii) installing subsoil drains at the footing where such would be
beneficial;
iii) the grouting of masonry cracks;
iv) waterproofing the walls and joints;
v) the carrying out of such other work as may be required to
overcome any existing settlement detrimental to the
appearance of the building;
vi) repairing or replacing decayed, damaged or weakened sills,
piers, posts or other supports; and
vii) making sills, piers, posts, or other supports waterproof and
resistant to insects by the application of suitable materials
or treatment.
6. Exterior Walls
a.)
b.)
c)
Exterior walls, parapet walls and components thereof shall be
maintained in good repair, weather tight, free from loose or
unsecured objects and materials and in a manner to prevent
deterioration due to weather or infestation or deterioration
detrimental to the appearance of the building.
Without limiting the generality of subsection a), the maintenance
of exterior walls includes:
i) the applying of paint or materials to preserve all exterior
wood and metal work; ,
ii) the restoring, repairing or replacing of the wall, the bricks
and mortar, the stucco, shingles or cladding, the coping,
the flashing and the waterproofing and the caulking of the
walls and joints.
The roof, including the fascia board, soffit, cornice and flashing,
shall be maintained in a weather tight condition so as to prevent
leakage.
Without restricting the generality of subsection a), the
maintenance includes repairing of the roof and flashing, applying
waterproof coatings, venting, installing or repairing eavestrough
and rain water piping, and using other suitable means.
Eavestroughs and downpipes shall be kept in good repair, in good
working order and watertight and free from leaks.
8. Exterior Doors and Windows
a.)
Exterior doors and windows shall be maintained in good repair,
reasonably draft free and weather tight.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 10
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
10.
11.
b.)
d.)
Without limiting the generality of subsection a), the maintenance
may include painting, repairing or renewing damaged, decayed or
deteriorated doors, door frames, casings thresholds, window
sashes and window frames and casings, screens, refitting doors
windows, weather-stripping, repairing or replacing defective or
missing door and window hardware, re-screening, re-glazing and
using other suitable means of weatherproofing.
Nothing in this Section shall be construed as preventing doors,
windows and other openings in an unoccupied building or
accessory structure from being protected from damage, or to
prevent entry.
Materials used for protection in accordance with subsection c)
shall be afforded an application of paint, varnish or other
approved colouring or preservative on the exterior, to maintain an
appearance commensurate with the surrounding environment.
Walls and Ceilings
a.)
b.)
b.)
d.)
Interior walls and ceiling shall be maintained in good condition
and free of holes or cracks and loose plaster or other material.
Without restricting the generality of subsection a), the
maintenance includes repairing or filling holes and cracks and
removing and replacing loose or defective parts.
a.) floors shall be maintained in a clean and sanitary condition,
reasonably smooth and level and free of loose, warped or
decayed boards, depressions, protrusions, deterioration or
other defects which are health, fire or accident hazards.
Where floors are covered, the covering shall be maintained in a
safe condition free from worn, torn, damaged or holed parts in
which dirt collects or which a health or accident hazard.
Lavatory or washroom floors, shower room floors, toilet room and
bathroom floors shall be maintained reasonably impervious to
water and in such condition as to permit easy cleaning.
Without restricting the generality of subsections a), b) and c), the
maintenance includes installing, repairing, refinishing, and
replacing a floor or floor covering to provide the required
standards.
Stairs and Porches
a.)
b.)
Any inside or outside stair, balcony, porch or canopy shall be
maintained so as to be free of holes, cracks and other defects,
which may constitute possible accident hazards.
Without restricting the generality of subsection a), the
maintenance includes repairing or replacing treads or risers that
show excessive wear or are broken, warped or loose or otherwise
defective, and supporting structure members that are rotted or
deteriorated.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 11
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
12.
c.)
d.)
Painting or coating with preservative unless constructed of
material inherently resistant to deterioration.
A handrail or banister shall be installed so as to guard against
accident or injury on the open side of a balcony, landing, stairwell
and stairway having more than three risers.
Chimneys and Fireplaces
a.)
b.)
d.)
Every chimney smoke pipe and flue in or on a building, actually in
use or available for use, shall be maintained so as to prevent
gases from leaking into the building, and at all times shall be kept
in good repair and maintained free from loose bricks, mortar and
loose or broken capping.
Without restricting the generality of subsection (a), the
maintenance includes clearing the flue of obstructions, sealing
open joints and repairing masonry.
Every fireplace used or intended to be used in a building for
burning
Without restricting the generality of subsection (c), the
maintenance includes securing connection to a chimney that
complies with the standard of this By-law, lining and repairing and
re-lining with fire resistant material, and installing and repairing
and replacing the hearth.
SECTION 5 - STANDARDS OF FITNESS FOR OCCUPANCY
1.
Plumbing and Plumbing Fixtures
a.)
b.)
All installed plumbing, including plumbing fixtures, drains, vents,
waterpipes, waterclosets and connecting lines to the water and
sewer systems, shall be maintained in good working order and
repair, free from leaks or other defects.
Every dwelling shall be provided with an adequate supply of
potable running water from a source approved by the Medical
Officer of Health.
All dwellings shall have the sanitary facilities connected to a sewer
system approved by the Medical Officer of Health.
Within the exterior walls of a dwelling unit there shall be provided,
accessible and available for all occupants, a bathroom and toilet
room with provision for privacy, having at least:
i.) one toilet;
ii.) | one bathtub or shower or combination bathtub and
shower;
iii.) | one wash basin located in or immediately adjacent to every
~ room containing a water closet or urinal with all in good
working order;
iv.) served with hot and cold running water (cold water
connecting only to water closet or urinal);
Vv) connected to the drainage system.
THE CORPORATION OF THE TOWNSHIP OF ALNWICK/ Pg. 12
HALDIMAND BY-LAW NO. 10-2015, BEING A BY-LAW TO
PROVIDE STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL CONDITION AND OCCUPANCY OF PROPERTY
IN DEFINED AREAS OF THE MUNICIPALITY
e)
9)
The hot water serving the wash basin and bathtub or shower
required by subsection d) shall be served at such a temperature
that it may be drawn from the tap at a temperature of not less
than forty-four degrees centigrade.
No facilities for the preparation, cooking, storage or consumption
food, or for sleeping, shall be contained within a room that
contains a toilet.
Non-residential buildings, where people work, shall have a
minimum of one water closet and one wash basin supplied with
running water, located in a closed room, and conveniently
accessible to all employees.
es Heating System
a)
b)
g)
Every dwelling unit shall be provided with a heating system
capable of maintaining a room temperature of twenty-two
degrees centigrade in all habitable rooms, bathrooms, and toilet
rooms.
The heating system required by subsection a) shall be maintained
in good working condition so as to be capable of heating the
dwelling safely.
Permanently sealed connections shall be kept between all heating
equipment involving combustion and a chimney or flue which
provides sufficient outlet for the escape of all noxious gases, so as
to prevent any health, fire or accident hazard.
Rigid connections shall be kept between all heating equipment
burning gaseous fuels and the supply line.
A space that contains a heating unit shall have a natural or
mechanical means of supplying air in such quantities to provide
adequate combustion.
No room heater shall be placed so as to cause a fire hazard to
walls, curtains, and furniture, nor to impede the free movements
of persons within the room where the heater is located.
Where any heating equipment burns solid or liquid fuel, a place or
receptacle for the storage of fuel shall be provided and
maintained in a convenient location and properly constructed so
as to be free from fire or accident hazards.
3. Electrical Service
a)
A residence unit and, where required by the building code,
buildings, and accessory structures shall be:
i) connected to an electrical supply system and wired
to receive electricity;
ii) provided with sufficient electrical outlets in every
room or space such that the use of extension
cords or multi-outlet attachments to wall or other
receptacle outlets would not be required on a
continuing daily basis;
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iii) provided with an adequate supply of electrical
power available at all times in all parts of the
room.
b) The capacity of the connection to the building and the system of
circuits distributing the electrical supply with the building shall be
adequate for the use and intended use and shall be in compliance
with the building code.
Cc) Every habitable room, except a kitchen, shall contain at least one
electrical duplex convenience outlet, and every kitchen shall
contain at least two duplex convenience outlets.
d) Fuses or overload devices shall not exceed industry standards.
Kitchens
a) Every dwelling unit shall contain a kitchen area equipped with a
sink, served with hot and cold running water, storage facilities and
a counter top work area.
b) A cooking space and refrigerator space will be provided with an
adequate and approved gas or electrical supply.
a) A non-habitable room shall not be used as a habitable room
b) No portion of a building shall be occupied if it does not meet the
requirements of this By-law.
Cc) No basement or cellar shall be used as a dwelling unit or as a
habitable room unless it is otherwise permitted and it meets the
following requirements:
i.) the dwelling unit or habitable room meets all requirements
or egress, light, ventilation, and ceiling height set out in
this By-law;
ii.) floors and walls are constructed so as to be impervious to
leakage of underground and surface runoff water.
SECTION 6 - ADMINISTRATION AND ENFORCEMENT
i.
Property Standards Committee
a)
b)
A Property Standards Committee is hereby established consisting
of all members of the current municipal Council.
The members of the Committee shall elect one of themselves as
Chairman, and when the Chairman is absent through illness or
otherwise the Committee may appoint another member to act as
Chairman PRO TEMPORE, any member of the Committee may
administer oaths.
The Secretary shall keep on file minutes and records of all
applications and the decisions thereon and of all other official
business of the Committee, and Section 216 of THE MUNICIPAL
ACT applies MUTATIS MUTANDIS to such documents.
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d)
A majority of the Committee constitutes a quorum, and the
Committee may adopt its own rules of procedure, but before
hearing an appeal under subsection (3)a), shall give notice or
direct that notice be given of such hearing to such persons as the
Committee considers should receive such notice.
2. Property Standards Officer
a)
b)
d)
The Property Standards Officer shall be responsible for the
administration and enforcement of this By-law, subject to review
by the foregoing Committee, as per attached Schedule “A” — By-
law enforcement policy and procedures.
The Property Standard Officer and any person acting under his
instructions may, at all reasonable times and upon producing
properidentification, enter and inspect any property, provided,
however, that he shall 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 21(i) of
The Ontario Building Code.
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 shall serve or cause to be served by personal service
upon, or send by prepaid registered mail to the owner of the
property and such other persons affected by it as the officer
determines, a notice containing particulars of the non-conformity
and may at the same time, provide all occupants with a copy of
such notice.
The notice outlined in subsection c) above shall also set for the
date, time and place of a hearing to be held by the Property
Standards Officer to determine what action must be taken with
respect to the dwelling, and informing the owner that he or his
representative is entitled to appear at the said hearing and make
such representations and present such evidence as he so desires
and that, in the event that he does not appear at the said
hearing, a decision made by the Property Standards Officer in his
absence.
The said notice may also contain any other information that the
Property Standards Officer deems necessary.
After affording any person served with a notice an opportunity to
appear before the officer and to make representation in
connection therewith, the officer shall make and serve or cause to
be served upon or send by prepaid registered mail to such person,
an order containing;
i) the municipal address or legal description of the property;
ii) reasonable particulars of the repairs to be effected 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 and
clearances is not so done, within the time specified in the order,
the Municipality may carry out the repairs or clearance at the
expense of the owner;
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g)
h)
iii) the final date for giving notice of appeal from that order.
A notice or an order when sent by registered mail shall be sent to
the last Known address of the person to whom it is sent, and shall
begin on the day following the day on which the notice is given.
If an officer is unable to effect service of a notice or of an order
he shall place a placard containing the terms of the notice or
order in a conspicuous place on the property, and the placing of
the placard shall be deemed to be sufficient service of the notice
or order on the owner or other persons, and no person shall put
down or deface any such placard.
An order may be registered in the proper registry or land titles
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 served and when requirements of the
order have been satisfied, the Clerk of the Municipality shall
forthwith register in the property registry of land titles office, a
certificate that such requirements have been satisfied, which shall
operate as a discharge of such order.
3. Appeal
a)
b)
When an owner or occupant upon whom an order has been
served is not satisfied with the terms or conditions of that order,
he may appeal to the Committee by sending notice of appeal by
registered mail to the Secretary of the Committee within fourteen
(14) days, excluding Saturdays, Sundays and holidays and all
other days when the offices of the principal authorities are not
open for the transaction of business with the public, after service
of the order, and in the event that no appeal is taken, the order
shall be deemed to have been confirmed.
Where an appeal has been taken, the Committee shall hear the
appealand shall have all the powers and functions of the officer
and may conform to the order to demolish or repair or may
modify or quash it or may extend the time for complying with the
order provided that, in the opinion of the Committee, the general
intent and purpose of the By-Law and of the Official Plan or policy
statement are maintained.
The Municipality or any owner or any occupant or any person
affected by a decision may appeal to a judge of the County or
District Court of the judicial district in which the property s located
by so notifying the Clerk of the corporation in writing and by
applying for an appointment within fourteen (14) days after the
decision is given and;
i.) the judge shall in writing, appoint a day, time and place for
the hearing of the appeal and in his appointment may
direct that it shall be served upon such person and in such
manner as he prescribes;
ii.) | the appointment shall be served in the manner prescribed;
and;
iii.) | the judge on such appeal has the same power and
functions as the Committee.
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4.
Power of The Corporation to Demolish or Repair
a)
b)
The order as deemed to have been confirmed by the officer, or as
confirmed by the Committee, or, in the event of an appeal to the
judge as confirmed or modified by the judge, shall be final and
binding upon the owner and occupant who shall make the repair
or effect the demolition within the time and in the manner
specified in the order.
If the owner or occupant of the property fails to demolish the
property or to repair in accordance with an order as confirmed or
modified, in addition to all other remedies:
i.) the Corporation shall have the right to demolish or repair
the property accordingly and for this purpose with its
servants and agents from time to time to enter in and upon
the property; and
ii.) | the Corporation shall not demolish any dwelling without
first obtaining approval of the Council and;
iii) the Corporation shall apply the cost of the repairs or
demolition, if not so paid, to the Collector’s Roll of Taxes
and shall be deemed to be municipal real property taxes
and;
iv) the Corporation shall not be liable to compensate such
Owner, occupant or any other person having an interest in
the property by reason of anything done by or on behalf of
the Corporation under provision of this By-law.
Certificate of Compliance
Following the inspection of a property, the officer may, or on the request
of the owner shall, issue to the owner a Certificate of Compliance if, in
his opinion, the property is in compliance with the standards so
established by this By-law, and the Council of the Municipality may
prescribe a fee payable for such a Certificate, where it is issued at the
request of the owner.
Penalties
a)
Any person who fails to comply with an order which has been
issued by an officer, and/or the Property Standards Committee
and/or a judge and if the order is deemed to have been
confirmed, is guilty of an offence and upon conviction thereof, is
liable to a penalty of not more than $25,000 for a first offence
and to a fine of not more than $50,000 for a subsequent offence.
If a corporation is convicted of an offence, the maximum penalty
that may be imposed upon the corporation is $50,000 for a first
offence and $100,000 for a subsequent offence.
In accordance with Section 15.7-(10) of the Ontario Building Code
Act, the amount determined by the judge to be recoverable shall
be a lien on the land and shall have priority lien status as
described in Section 1 of the Municipal Act, 2001. 2002, c.17,
Schedule F. For the purposes of this section, an offence is a
subsequent offence if there has been a previous conviction under
this by-law.
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IN DEFINED AREAS OF THE MUNICIPALITY
A Every person who fails to comply with an order made by a chief building
official or property standards officer under this by-law is guilty of an
offence and on conviction, in addition to the penalties mentioned in
section 6 subsection (6), is liable to a fine of not more than $ 10,000.00
per day for every day the offence continues after the time given for
complying with the order has expired.
8. In the event that any section of this By-Law, including any section or part of
any of the schedules hereto, is declared by a court of competent jurisdiction
to be invalid, the remaining parts shall remain valid and binding and shall be
read as if the offending section had been struck out.
9. That By-Law No. 52-2006 be hereby rescinded in its entirety.
This By-Law No. 10-2015 be read and dee to be PASSED this 5" day of
February, 2015.
MAYOR, OHN LOGEL
thon Mil Wolo)
MUNICIPAL CLERK, ROBIN VAN DE MOOSDYK