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THE CORPORATION OF THE TOWN OF AMHERSTBURG
BY-LAW NO. 2023-020
A BY-LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF ALL PROPERTY WITHIN THE TOWN OF AMHERSTBURG
WHEREAS Section 15.1 (3) of the Building Code Act, S.O. 1992, c. 23, as amended
authorizes municipalities to enact by-laws prescribing standards for the maintenance
and occupancy of all property wlthin the municipality and for prohibiting the occupancy
or use of such property that does not conform with the standards; and for requiring any
property that does not conform with the standards to be repaired and maintained to
conform with the standards as described herein or the site to be cleared of all buildings,
structures, debris or refuse and the lands left in a graded and level condition;
AND WHEREAS the Official Plan for The Corporation of the Town of Amherstburg
includes provisions, relating to property conditions as required by Section 15.1 (3) of the
Building Code Act, S. 0. 1992, c. 23, as amended;
AND WHEREAS Section 35.3 of the Ontario Heritage Act, (OHA) R.S.O. 1990, c. 0.18
authorizes municipalities to pass by-laws to include minimum standards for the
maintenance of heritage attributes or properties designated by the municipality under
Section 29 or by the Minister under Section 34.5 OHA, and require property that has
been so designated, that does not comply with the standards, to be repaired and
maintained to conform with the standards;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that Council may, by by-law, impose fees for services and activities
provided or done by or on behalf of The Corporation of the Town of Amherstburg;
AND WHEREAS Section 425 of the Act authorizes the Town of Amherstburg to pass
by-laws providing that a person who contravenes a by-law of the Town of Amherstburg
passed under that Act is guilty of an offence;
AND WHEREAS section 426 of the Municipal Act, 2001, S.0.2001 c.25 as amended,
states no person shall hinder or obstruct, or attempt to hinder or obstruct, any person
how is exercising a power or performing a duty under this act or under a by-law passed
under this act 2006, c. 32, Sched A, s. 184
THEREFORE the Council of The Corporation of the Town of Amherstburg enacts as
follows;
Section 1
Short Title
1.1
This by-law may be cited as the Property Standards By-law
Section 2
Definitions
2.1
In this by-law
"Acceptable" means:
(a) Accepted by the Chief Building Official and/or designate of the Corporation with
respect to matters under the Building Code; or
(b) Accepted by the Property Standards Officer with respect to the standards set out 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.
"Act" means the Building Code Act, S.O. 1992, c. 23, as amended or any successor
thereof.
"Apartment Building" means a building containing more than four dwelling units with
individual access from an internal corridor system.
"Appliance" means a device to convert fuel to energy and includes all components,
controls, wiring and piping required as part of the device by the applicable standard
referred to in the Building Code.
"Approved" means acceptance by the Property Standards Officer or Building
Inspector.
"Balcony" means an external balustrade platform and includes both upper and lower
surfaces of the platform.
"Basement" means any part of a building, which is partially below grade, where the
vertical distance from the grade to the floor is equal to or less than the vertical distance
from the grade to the ceiling next above.
"Building" means the Regulations made under the section 34 of the Act.
"Building code" means the Regulations made under the section 34 of the Act.
"Cellar" means that space of a building that is partly or entirely below grade, which has
more than half of its height, measure form floor to ceiling below the average exterior
finished grade.
"Chief Building Official" means the Chief Building Official as appointed under By-law
by the Town.
"Clerk" means the Clerk of the Corporation of the Town of Amherstburg as appointed
under By-law by the Town.
"Committee" means a Property Standards Committee established under this By-Law in
accordance with section 15.6 of the Building Code Act, 1992, as amended, or as
substituted from time to time.
"Council" means the Council of the Town.
"Crawlspace" means an enclosed space between the underside of a floor assembly
and the ground cover directly below, with a clearance of less than 1.8 metres in height.
"Derelict Building" shall mean:
(a) a building which has been left vacant and/or neglected by the owner
for a period of 120 days or more, or
(b) a building damaged by fire, storm or other catastrophic event where, in
the opinion of the Officer the building is beyond practical repair
"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.
"Exit" means that part of a Means of Egress, including doorways, that leads from the
Floor Area it serves to a separate building, an open public thoroughfare or an exterior
open space protected from fire exposure from the building and having access to an
open public thoroughfare.
"Floor area" means the maximum area contained within the outside walls of a building
or within the walls of a room, as the case may be.
"First Storey" means that part of a building having a floor area closest to grade with a
ceiling height of more than 1.8 meters (6ft.) above grade.
"Floor Covering" means any surface used to cover the basic floor or sub flooring
construction, including but not limited to carpet, vinyl, tile, laminate and hardwood.
"Grade" means:
i)
The average elevation of the crown of that part of the street abutting the front
lot line. Where the elevation of a point on a building located on the lot is equal
to the grade elevation, that point is deemed to be "at grade".
ii)
ii) Grade for an accessory building means the average elevation of the
finished surface of the ground adjacent to the accessory building.
"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
ii) Grade for an accessory building means the average elevation of the finished surface of the ground
adjacent to the accessory building.
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through it.
"Habitable Room" means any room in a Dwelling Unit used or capable of being used
for living, sleeping, cooking or eating purposes.
"Heritage Attributes" means, in relation to real property, and to the buildings and
structures on the real property, the attributes of the property, buildings and structures
that contribute to their cultural heritage value or interest and that is defined or described:
(a) in a by-law designating a property passed under section 29, Part IV, of
the Ontario Heritage Act and identified as a heritage attribute, reason for
designation or otherwise;
(b) in a Minister's order made under section 34.5, Part IV, of the Ontario
Heritage Act and identified as a heritage attribute or otherwise;
(c) in a by-law designating a Heritage Conservation District passed under
section 41, Part V, of the Ontario Heritage Act and identified as a heritage
attribute or otherwise; or
(d) in the supporting documentation required for a by-law designating a heritage
property or heritage conservation district, including but not limited to a heritage
conservation district plan, statement of cultural heritage value or interest, listed
heritage property evaluation form, cultural heritage evaluation report, and
identified as heritage attributes or otherwise.
"Heritage Property" means real property, and includes all buildings and structures
thereon, which:
(a) has been designated by a municipality under section 29 of the Ontario Heritage
Act, or which has been designated by the Minister under section 34.5 of
the Ontario Heritage Act;
(b) is located in a Heritage Conservation District designated under section 41 of
the Ontario Heritage Act;
"Maintained" means to carry out any repairs, reconstruction, refinishing or replacement
of any part or parts of the structure or building or appurtenances including heating and
ventilation equipment required so they may properly perform the intended function.
"Means of Egress" includes Exits and access to Exits and means a continuous path of
travel provided for the escape of Persons from any point in a building or in a contained
open space to a separate building, an open public thoroughfare or an exterior open
space that is protected from fire exposure from the building and that has access to an
open public thoroughfare.
"Mixed-Use Property" means a building or structure used heretofore or hereafter
erected in part for a dwelling unit and in part for non-residential purposes.
"Multiple Dwelling" means one (I) dwelling, other than a double duplex dwelling,
attached dwelling or townhome dwelling, containing a minimum of three (3) dwelling
units.
"Multi-Residential Property" means a building or structure or part of a building of
structure is used or designed for use for more than two Dwelling Units and includes any
Yard appurtenant thereto and all mobile homes, mobile buildings, mobile structures,
outbuildings, Fences and erections heretofore and hereafter erected.
"Non-Habitable Room" means any room in a Dwelling Unit other than a Habitable
Room and includes bathroom, toilet room, laundry, pantry, lobby, corridor, stairway,
closet, boiler room, or other space for service and maintenance of the Dwelling Unit for
public use, for access to and vertical travel between stories, and a 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
structure not containing a legal Dwelling Unit, and includes the Yard appurtenant thereto
and all mobile buildings, mobile structures, outbuildings, Fences and erections
heretofore and hereafter erected.
"Occupant" means any Person or Persons over the age of eighteen years in possession of the
Property.
"Officer" means a Property Standards Officer appointed by the Town for the purposes
of administering and enforcing this By-law.
"Ontario Building Code" means Ontario Regulation 350/06, as amended, or as
substituted from time to time.
"Ontario Heritage Act" means Ontario Heritage Act, R.S.0. 1990, c.O.18, as
amended, or as substituted from time to time.
"Order" means a written direction issued pursuant to the Act requiring compliance with
the standards prescribed by this By-law, and "orders" shall have a corresponding
meaning.
"Owner" means the person, for the time being, managing or receiving the rent of, or
paying the municipal taxes on the land or premises, in connection with which the word is
used, whether in his/her own account or as agent, trustee, or any other person who
would so receive the rent if such land and premises were let, and shall also include a
lessee or occupant of the property who under the terms of the lease if required to repair
and maintain the property in accordance with the Standards of Maintenance and
Occupancy of the property.
"Parking Area" means an area used for parking spaces, bicycle parking spaces and
loading spaces and includes all collector aisles and parking aisles capable of being
maintained for the parking of five (5) or more operable motor vehicles. An outdoor
storage yard is not a parking area.
"Parking Garage/Structure (STORAGE GARAGE)" means a building or part of a
building that is intended for the storage or parking of motor vehicles and that contains
no provision for the repair or servicing of motor vehicles.
"Person" includes any individual, an owner, occupant, agent, contractor, tenant, firm,
proprietorship, partnership, association, syndicate, trust, corporation, department,
bureau or mortgagee.
"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, outbuildings,
fences and erections thereon, whether heretofore or hereafter erected and includes
vacant property.
"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 the property conforms to
the standards established in this bylaw to the satisfaction of the Officer.
"Residential Property" means a building or structure or part of a building or structure
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 the land and
premises appurtenant thereto and all mobile buildings or structures, outbuildings,
retaining walls, fences and erections thereon, whether heretofore or hereafter erected.
"Sewage System" means a sanitary sewer system or a private sewage disposal
system approved by the Chief Building Official.
"Safe Condition" means a condition that does not pose or constitute a hazard or risk to
life, limb or health of any person on or about the property, and includes a structurally
sound condition.
"Service Room" means a room provided in a building to contain equipment associated
with building services.
"Sewage" means any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, but does not include storm water.
"Standards" means the Standards of physical condition and of occupancy prescribed
for Property in this By-law.
"Storey" means that part of a building between any floor and the floor, ceiling or roof
next above. Any part of a storey exceeding 4.0 metres in height is deemed to be an
additional storey for each 4.0 metres, or fraction thereof, of such excess. A cellar and
that part of a building located entirely within a sloping roof and having a ceiling height
greater than 2.0 metres over a floor area less than 50.0 percent of the area of the floor
next below, is not a storey.
"Storm Water" means discharge from a surface as a result of rainfall, snow melt and
snow fall.
"Suite" means a single room or series of rooms of complementary use, operated under
a single tenancy, and includes dwelling units, boarding houses, rooming houses and
dormitories as well as individual stores and individual or complementary rooms for
business and personal services occupancies.
"Toilet Room" means a room containing a water closet and a wash basin.
"TSSA" means Technical Standards and Safety Act, 2000, S.O. 2000, c. 16
"Unsafe Condition" means any condition that could be hazardous to the health or
safety of any person authorized or unauthorized on or about the property.
"User Fee Schedule By-law" means a By-law to establish and require the payment of
fees and charges.
"Vacant Building" shall mean a building which is neither used nor occupied by the
owner or a tenant under a signed tenancy/lease agreement, for a period of more than
120 days.
"Wiring" means the installation of any wiring in or upon any land building, or premises
from the point or points where electric power or energy is delivered therein or thereon
by the supply authority or from the points where electric power or energy can be used
therein or thereon by any electrical equipment and shall include the connection of any
such wiring with any of the said equipment and any part of the wiring aforesaid and shall
also include the maintenance, alteration, extension and repair of such wiring.
"Yard" means an open space, which is located on the same lot as a building or other structure,
and is unoccupied and unobstructed from ground to sky except for any encroachments not
prohibited by the Town's Zoning bylaw.
2.2
Any word or term not defined in this by-law shall have the meaning ascribed to it
in the Act or the Ontario Building Code.
General Standards for all Property
3.
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials. All new construction or repairs shall confirm to the Ontario
Building Code, Ontario Fire Code and Fire Prevention and Protection Act, where
applicable.
Section 4 Authority
4.1
The Town may appoint Officers and such other staff to carry out the
administration and enforcement of this By-law.
4.2
Any Building, Housing, Plumbing, Heating or Public Health Inspector or
Fire Prevention Officer of the Town is hereby authorized and directed to
act as an assistant to the Officer from time to time.
Section 5 Property Standards Committee
5.1
For the purpose of this by-law, there is hereby established a Property
Standards Committee which shall be composed of not fewer than three
members, and their appointment shall be for the term of Council.
5.2
The Property Standards Committee shall hear appeals pursuant to section
15.3 of the Building Code Act, 1992, as amended, or as substituted from
time to time.
5.3
The members of the Property Standards Committee shall select one of
themselves to act as chair, who shall preside at all meetings thereof. In
case of the absence of the chair, the Property Standards Committee may
appoint another member as acting chair.
5.4
A majority of the members of the Property Standards Committee shall
constitute a quorum and the Property Standards Committee may adopt its
own rules of procedure.
5.5
The Property Standards Committee shall appoint a secretary who shall
keep on file minutes and records of all applications and the decisions
thereon, and all other official business of the Property Standards
Committee, and Section 253 of the Municipal Act, 2001, S.O. 2001, c.25,
as amended, applies with necessary modifications to such documents.
5.6
An owner who appeals an order shall pay the fee as outlined in the Town
of Amherstburg's User Fee By-law, as passed and amended by Council,
from time to time, at the time the appeal is filed.
5.7
Property Standard Committee Appeal Hearings are governed by the
Statutory Powers and Procedures Act, R.S.O. 1990, c.S.22, as amended,
or as substituted from time to time.
5.8
The Council of the Town may appoint members of the Property Standards
Committee, to coincide with the term of Council of the Town. When a
vacancy occurs in the membership of the Property Standards Committee,
the vacancy shall forthwith be filled.
Section 6 Standards
6.1
The standards for the maintenance and occupancy of property is set out in
this by-law and appended hereto as "Schedule A", are adopted as the
minimum standards for all property within the Town.
Section 7 Permits, and Administration Fees
7.1
Where an Order to Repair is issued pursuant to this by-law, a fee will be
assessed to the registered owner in accordance with the Town of
Amherstburg's User Fee Schedule.
Section 8 Compliance
8.1
All owners or occupants of property shall comply with the standards in
Schedule "A" set out in this by-law and any Order to Repair that is final
and binding.
8.2
All owners of property within the municipality that does not conform with
the standards contained in this by-law shall repair and maintain such
property to conform with the standards or clear the site of all buildings,
structures, debris or refuse and leave the property in a graded and leveled
condition, except where a demolition permit has been issued and remains
in effect.
8.3
All repairs and maintenance of property shall be carried out with suitable
and sufficient materials in a manner acceptable to the Officer.
8.4
All new construction or repairs shall conform to the Ontario Building Code
and any other applicable legislation.
8.5
No person shall occupy any property if there are conditions which pose or
constitute an undue or unreasonable hazard or risk to life, limb or health of
any person in or about the property.
Section 9 Enforcement and Penalty
9.1
An owner or occupant who fails to comply with an Order is guilty of an
offence under Section 36(1) of the Act, and is liable to a penalty or
penalties as set out in Section 36 of the Act.
Section 10 Validity and Severability
10.1
If a court of competent jurisdiction should declare any section or part of a
section of this by-law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the by-law, and it is hereby declared that the remainder of
the by-law shall be valid and shall remain in force.
10.2
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.
Section 11 Repeal and Transition
11.1
By-law 1999-28 is hereby repealed.
Section 12 Effective Date
12.1
This By-law shall come into force and take effect on the day of the final
passing thereof.
First Reading - February 13, 2023
Second Reading - February 13, 2023
Third Reading -
February 13, 2023
i'
MICHAEL PRUE, MAYOR
MICHAEL PRUE, MAYOR
KEVIN FOX, CLERK
SCHEDULE A
TABLE OF CONTENTS
Part 1 - Standards for all Properties in the Town of Amherstburg
Section
Page#
1.1
Maintain Safe and Sanitary Condition ............................................................. A-12
1.2
Tenant/Occupant Requirements for Floor, Wall, Ceiling & Fixtures ........................ A-12
1.3
Storage of Garbage, Refuse, Appliances or Furniture in a Means of Egress ............. A-12
1.4
Structural. ................................................................................................... A-12
1.5
Structural Engineer's Report ........................................................................... A-12
1.6
Foundations ................................................................................................ A-12
1.7
1.8
Exterior Walls .................. .
Exterior Doors & Windows .. .
........................................................ A-12
...... A-12
1.9
Stairs, Porches, Landings, Loading docks, Balconies, Canopies, Awnings, Fire
Escapes, .................................................................................................. A-13
1.10
Required Handrails or Guards@ Stairs ............................................................ A-13
1.11
HeightofGuards .......................................................................................... A-13
1.12
Openings in Guards ..................................................................................... A-13
1.13
Stair Requirements ...................................................................................... A-14
1.14
Roofs, Chimneys, Fascia, So/fit, Antennas, Solar Panels....
. .......... A-14
1.15
Eaves Troughs ............................................................................................ A-14
1.16
Ventilation Systems............................................................
. ...... A-14
1.17
Chimneys, Prefabricated Chimneys & Vents ........................... .
. ...... A-14
1.18
Fuel Burning Heating Equipment. ....... .
............................................ A-15
1.19
Water Supply Premise Isolation ......... .
. ................ A-15
1.20
Sewage Discharge ................. .
.................. A-15
1.21
Sewers :Properties Services By ...................................................................... A-15
1.22
Backwater Valves .......................................................................................... A-15
1.23
Decommissioning of Private Sewage System
1.24
Damaged Vacant Building ..
1.25
Damaged Buildings ............. .
1.26
Materials Used to Board Buildings
1.27
Demolition of a Building .......... .
1.28
Demolition Part of a Building
1.29
Yard Rubbish, Debris
........................................ A-15
........ A-15
. ... A-15
... A-15
............ A-16
............ A-16
............. A-16
1.4 Structural. ................................................................................................... A-12
1.7 Exterior Walls .................. . ........................................................ A-12
1.8 Exterior Doors & Windows .. . ....................................................... A-12
1.11 Height of Guards .......................................................................................... A-13
1.14 Roofs, Chimneys, Fascia, Soffit, Antennas, Solar Panels................... A-14
1.16 Ventilation Systems............................................................ . ...... A-14
1.18 Fuel Burning Heating Equipment. ....... . .......................................... A-15
1.19 Water Supply Premise Isolation ......... . . ................ A-15
1.23 Decommissioning of Private Sewage System ........................................ A-15
1.24 Damaged Vacant Building ...................... A-15
1.25 Damaged Buildings ....................... A-15
1.26 Materials Used to Board Buildings .................... A-15
1.27 Demolition of a Building ................................ A-16
1.28 Demolition Part of a Building .......................... A-16
1.29 Yard Rubbish, Debris .................................. A-16
1.30
Buffering and Screening Garbage Containers ..................................................... A-16
1.31
Lighting & Walkways-Multiple Dwellings and Non-Residential ................................. A-16
1.32
Water from Downspouts and Sumps ................................................................. A-17
1.33
Retaining Walls ............................................................................................ A-17
1.34
Sound Barriers..........................
.. .............................. A-17
1.35
Parking Areas...............
.. ................................................................ A-17
1.36
Fire & Suppression Systems
.............. A-17
1.37
Fire Separations.................
.. ........................................ A-17
1.38
Elevators, Hoists, Lifts, Moving Walkways & Escalators ......................................... A-17
1.39
Refuse Chute System .................................................................................... A-17
1.40
Parking Garage & Parking Structures Requirements ............................................. A-17
1.41
Barrier-free Buildings ...................................................................................... A-18
1.42
Barrier-free Buildings - Types of Classes ........................................................... A-18
1.43
Barrier-free Requirements Do not Exceed the Standards ....................................... A-18
1.44
Accessibility to persons with Disabilities .............................................................. A-18
1.45
Rodent, Vermin, Termites, Injurious Insects & Other Pests ..................................... A-18
1.46
Means of Egress/Exit ...................................................................................... A-18
1 .47
Equipment. .................................................................................................. A-19
1.48
Building Used as Illegal Marijuana Grow Operation ............................................... A-19
Part 2 - Standards For Non-Residential Properties in the Town of Amherstburg
Section
2.1
2.2
Maintain Safe & Sanitary Conditions ............... .
Ventilation ................................................. .
Page#
........... A-20
.......... A-20
2.3
Lighting .................................................................................................... A-20
2.4
Heating Systems ......................................................................................... A-20
2.5
Boiler Space Heating.....................................................
. .............. A-20
2.6
2.7
2.8
2.9
Plumbing Systems, Fixtures & Appliances ................ .
Grease Interceptors ................... .
Oil Interceptors ....................... .
Fume/Gas Separations ............ ..
.......... A-20
........... A-20
. ............... A-20
. ............... A-20
1.36 Fire & Suppression Systems ......................... A-17
1.43 Barrier-free Requirements Do not Exceed the Standards ....................................... A-18
1.44 Accessibility to persons with Disabilities .............................................................. A-18
1.45 Rodent, Vermin, Termites, Injurious Insects & Other Pests ..................................... A-18
1 .47 Equipment. .................................................................................................. A-19
Part 3 - Standards for Residential Properties in the Town of Amherstburg
Section
Page#
3.1
Cabinet, Cupboard, Shelf & Counter Top Condition ............................................ A-21
3.2.1
Interior Cladding of Walls & Ceilings-Mould Air Quality Report
...... A-21
3.2.2
Water Penetration Related to Mould......................
. .... A-21
3.3
Floors & Finished Flooring ........................................................................... A-21
3.4
Window & Door Panel Maintenance ................................................................ A-21
3.5
Heating System .......................................................................................... A-21
3.6
Heating Systems, Stoves, Heating Appliances, Fireplaces, Chimneys, Pumps & Filtration
Equipment. ............................................................................................... A-21
3.7
Portable Heating Equipment. ........................................................................ A-21
3.8
Approved Heating Equipment. ...................................................................... .A-21
3.9
Parking Garage - Noxious Fumes .................................................................. A-21
3.10
Bathroom Facilities & Personal Privacy ........................................................... A-22
3.11
Location of Toilet/Urinal. .............................................................................. A-22
3.12
Hot/Cold Running Water .............................................................................. A-22
3.13
Plumbing, including drains, water supply pipes,
3.14
3.15
Water closets and other plumbing fixtures .................... .
Electrical Supply & Wiring .......................... .
Voice Communication Section .............. .
3.16
Artificial Light. ................................... .
Windows & Window Lighting ............................................ .
Window ventilation ................... .
Ventilation (Mechanical) ........... .
. .......... A-22
. ......... A-22
......... A-22
. ............................ A-22
. ............. A-22
............. ,A-22
............. A-23
3.17
3.18
3.19
3.20
3.21
3.22
3.23
Window Guards .......................................................................................... A-23
Ventilation in Laundry room, Garbage Room, Boiler Room ................................... A-23
Maximum Person residing in a Dwelling .......................................................... A-23
Minimum Floor Area for Sleeping .................................................................. A-23
3.24
Ceiling Height for Habitable Room ....................... .
3.25
Basement or Cellar Requirements - Used as a Dwelling ....... .
3.26
Smoke Alarms ........................... .
3.27
Carbon Monoxide Detectors ..... .
. ............. A-23
. ................. A-23
. ............. A-24
.............. A-24
3.2.1 Interior Cladding of Walls & Ceilings-Mould Air Quality Report ............ A-21
3.3 Floors & Finished Flooring ........................................................................... A-21
3.5 Heating System .......................................................................................... A-21
3.6 Heating Systems, Stoves, Heating Appliances, Fireplaces, Chimneys, Pumps & Filtration Equipment. ...................................................
A-21
3.7 Portable Heating Equipment. ........................................................................ A-21
3.8 Approved Heating Equipment. ...................................................................... .A-21
3.9 Parking Garage - Noxious Fumes .................................................................. A-21
3.11 Location of Toilet/Urinal. .............................................................................. A-22
3.14 Electrical Supply & Wiring .......................... . . ......... A-22
3.18 Window ventilation ................... . ............. ,A-22
3.19 Ventilation (Mechanical) ........... . ............. A-23
3.20 Window Guards .......................................................................................... A-23
3.26 Smoke Alarms ........................... . . ............. A-24
Part 4 Standards for Vacant Properties in the Town of Amherstburg
Section
Page#
4.1
General. ............................... .
.................... A-25
4.1.1
Utilities, RodentsNermin ................................................ .
. .... A-25
4.2
4.2.1
4.3
4.3.1
4.4
4.5
Vacant Non-Residential Buildings .................................................................. A-25
Bird Infestation ........................................................................................... A-25
Additional Requirements for Vacant Residential Buildings .................................... A-25
Maintenance & Repairs ................................................................................ A-25
Order to Clear and Level Vacant Residential Buildings ........................................ A-25
Clearing and Leveling of Non-Residential Vacant Buildings ...
...................... A-25
Part 5 Standards for Heritage Properties in the Town of Amherstburg
Section
5.1
General ................................ .
Page#
....... A-26
5.1.1
Additional Requirements for Part IV Heritage Properties ....................................... A-26
5.2
Repairs of Heritage Properties ......................................................................... A-26
5.2.1
Minimize damages, types of materials, alternative materials ................................... A-26
5.3
Replacement of Heritage Attributes ................................................................... A-26
5.3.1
Where repairs not possible-original/alternative materials ...................................... A-26
5.4
Clearing and Leveling of Heritage Properties........
. ...... A-26
5.5
Vacant Heritage Properties................................
. ...... A-26
4.1 General. ............................... . .................... A-25
4.3 Additional Requirements for Vacant Residential Buildings .................................... A-25
5.3.1 Where repairs not possible-original/alternative materials ...................................... A-26
Schedule 'A'
Part 1:
Standards for All Properties in the Town of Amherstburg
1.1
Every owner or occupant of a property shall maintain the property or part thereof
they occupy or control in a clean, sanitary and safe condition in accordance with
this by-law.
1.2
Every owner or occupant of a property shall maintain every floor, wall, ceiling and
fixture, under his/her/its control in a clean, sanitary and safe condition.
1.3
Accumulations or storage of garbage, refuse, appliances or furniture by either the
occupant or owner in a means of egress shall not be permitted.
1.4
Every part of a property shall be maintained in a structurally sound condition so
as to be capable of sustaining its own weight, the loads due to the use and
occupancy, and the loads imposed by natural causes such as wind, rain and
snow as set out in the Building Code regulations made under Section 34 of the
Act.
1.5
Where, in the opinion of the Officer, there is doubt as to the structural condition
or adequacy of the building or part thereof, the Officer may order that a building
or structure or part thereof be examined by a professional engineer qualified to
perform such inspections and licensed to practice as an engineer in Ontario, at
the owner's expense, and that a written report, which may include drawings
detailing recommended remedial work, be provided to the Officer.
1.6
In every building or structure, the foundations, piers, posts or other similar
supports shall be maintained in good repair and structurally sound. Where
necessary, foundation walls shall be extended to a depth of 1,070 mm below
finish grade, provided with subsoil drains at the footings, shored, waterproofed,
and treated or repaired to prevent moisture penetration or footing settlement.
Every foundation wall, basement, cellar or crawlspace shall be maintained so as
to protect the building against deterioration, including that due to weather, water
entry, dry rot, and infestation by rodents, vermin or insects. The perimeter of slab
on grade type foundations shall be maintained to prevent rodent infestation.
1. 7
All exterior walls shall be maintained in a watertight condition and in good repair
so that they remain straight, level and plumbed (unless otherwise designed),
presenting an appearance that is uniform and neat in the opinion of the Officer
and free from any damaged, defective, unsecured or deteriorated materials and
any conditions that may result in the infestation of rodents, vermin or insects.
Appropriate measures shall be taken to remove any stains or other defacement
occurring on the exposed finished exterior surfaces and, where necessary, to
restore the surface and adjacent areas to, as near as possible, their appearance
before the staining or defacement occurred.
1.8
Exterior doors, windows and skylights shall be maintained in good repair and
weather tight. Rotted and defective doors, door frames, window frames, sashes
and casings shall be renewed and defective door and window hardware, weather
stripping, caulking and broken glass shall be replaced. Repairs to windows shall
be i) reglazing, or refitting with panes of transparent glass; or ii) the use of other
materials which are compatible in finish and colour with the remainder of the
facade of the building on which the broken window is located, provided such
other material are of an appropriate thickness, have sufficient structural support,
and are installed so that no broken glass is visible for the exterior of the building.
Replace defective, damaged or missing hardware and locking devices: sash
controls.
1.9
All stairs, porches, landings, loading docks, balconies, canopies, awnings, fire
escapes together with any guard, balustrade, railing, screen or other
appurtenance attached thereto shall be maintained in good repair and in a safe
and structurally sound condition.
1.1 O A handrail or guard shall be provided and maintained in good repair as follows:
(a) At least one side of stairs less than 1100 mm in width,
(b) two sides of stairs 1100 mm in width or greater, and
(c) two sides of a curved stair used as an exit.
(d) Handrails are not required for stairs
(i)
within dwelling units having not more than 2 risers, or
(ii)
for exterior stairs having not more than 3 risers and serving not
more than one dwelling unit.
(e) Only one handrail is required on exterior stairs having more than 3 risers
provided such stairs serve not more than one dwelling unit.
(f) Except as required in (b) & (c), one handrail may be provided centrally for
stairs up to 2.4 m wide.
(g) Handrails shall have a maximum uniform height of 920 mm when measured
vertically from a line drawn through the outside of the stair nosing and
minimum uniform height of 800 mm
1.11
A guard shall be installed and maintained in good repair as follows:
(a) Except for the edges of the floor pits in repair garages and loading docks,
every surface to which access is provided for other than maintenance
purposes, including but not limited to exterior lands, porches, decks,
balconies, mezzanines, galleries, raised walkways and roofs, shall be
protected by a guard having a minimum height of 900mm on each side which
is not protected by a wall and where there is a difference in elevation to
(i) within dwelling units having not more than 2 risers, or
adjacent surfaces of more than 600 mm. Except that a guard of 710 mm
minimum height is acceptable for exterior porches, decks and balconies
where the vertical drop from the open side exceeds 600 mm but does not
exceed 1 800 mm.
(b) Every exterior stair with more than 6 risers and every ramp shall be protected
with guards on all open sides where the difference in elevation between the
adjacent ground level and the stair or ramp exceeds 600 mm.
(c) When an interior stair has more than 2 risers, the side of the stair and the
landing or floor level around the stairwell shall be enclosed by walls, or be
protected by guards, except that a stair to an unfinished basement in a
dwelling unit is permitted to have 1 unprotected side.
1.12
Guard - Openings
Guards for residential occupancies shall have no openings which would permit
the passage of a spherical object having a diameter of 100 mm unless it can be
shown that the location and size of such openings which exceed this limit does
not represent a hazard.
Guards - Not to Facilitate Climbing
Guards around exterior balconies, porches and decks of buildings of residential
occupancy shall be constructed and maintained not to facilitate climbing.
1.13
Stairs
(a) Stairs - Interior - Single Unit Dwelling
The stair tread rise and run for residential interior single dwelling unit shall not
exceed the following unless existing acceptable to the Officer:
-
Maximum rise 210mm
-
Minimum tread 230mm
-
Minimum run 200mm
-
If run is less than 240mm, a 25mm nosing is required
(b) Stairs - Residential - Not Within
-
Maximum rise 210mm
-
Maximum tread 240mm
-
Minimum run 212mm
-
If run is less than 240mm, a 25mm nosing is required
(c) Stairs - Non-Residential
-
Rise minimum 125mm, maximum 200mm
-
Minimum run of 230mm, must be uniform
-
If run is less than 240mm, a 25mm nosing is required
(a) Stairs - Interior - Single Unit Dwelling The stair tread
rise and run for residential interior single dwelling
unit shall not exceed the following unless existing
acceptable to the Officer:
(b) Stairs - Residential - Not Within
(c) Stairs - Non-Residential
-
Existing winders of not more than 3 in 90 degrees and not more than 1
set between floors are permitted and where each tread is not less than
30 degrees and each tread is not greater than 45
(d) Stairs - Service rooms - curved/spiral
Stairs may exceed the requirements in 1.13 (c) if serving only service rooms,
service spaces and other rooms unused in industrial occupancies serving
equipment and machinery; or existing curved and spiral stairs in dwelling
units acceptable to the officer.
1.14
All roofs, including chimneys, stacks, masts, lightning arresters, antennas, fascia,
soffits, flashings, solar panel and supports, and other roof structures shall be
maintained in good repair, watertight and structurally sound condition. Such
maintenance may include, but is not limited to: a) removal of loose, unsecured
objects or materials b) keeping roofs and chimneys weather tight and free from
leaks and/or defects.
1.15
Water runoff from roof surfaces shall discharge into an eaves trough or gutter
and thence to a downpipe, discharging directly to grade with an appropriate
extension away from the building to prevent flooding, erosion and other nuisance
to neighboring properties. Discharge into the municipal storm system may be
permitted if approved or authorized by the Director of Engineering or Chief
Building Official or his/her designate.
1.16
All properties provided with designed mechanical ventilation systems shall
operate the system on a continuous basis. The system controls, louvers and
associated equipment shall be maintained in safe working order.
1.17
Every chimney, prefabricated chimney, smoke pipe, flue and gas vent in use or
available for use in a building shall:
(a) be of a type listed for the appliance for which it is being used, properly
secured, free from fire hazards and unsafe conditions;
(b) be maintained so as to prevent the escape of combustion gases into the
building;
(c) be adequately supported as to maintain proper alignment;
(d) be kept clear of obstructions;
(e) be sealed at all joints or tightly sealed; and
(f) all deteriorated and/or loose masonry shall be repaired.
1.18
All fuel burning heating equipment shall:
(a) be connected to a chimney or flue, which vents to the exterior of the building;
(b) be furnished with an adequate supply of combustion air to ensure proper
combustion of the appliance; and
(d) Stairs - Service rooms - curved/spiral Stairs may exceed the requirements
in 1.13 (c) if serving only service rooms, service spaces and
other rooms unused in industrial occupancies serving equipment and
machinery; or existing curved and spiral stairs in dwelling units acceptable
to the officer.
(c) be maintained in a good state of repair and in a safe operating condition.
1.19
All water supply cross connection devices specifically designated as "Premise
isolation" or other testable devices located on the property shall be tested
annually by a licensed tester at the expense of the owner or agent of the owner
in accordance with the most recent edition of the CSA STANDARD listed in the
Ontario Building Code for selection and installation of backflow preventers, proof
of testing shall be provided upon request by the Officer.
1.20
All sewage shall be discharged directly into the municipal sewage system where
one is available. Where a municipal sewage system is not available, an alternate
means of disposal, acceptable to the Officer, shall be used and maintained in
good repair. The maintenance of a private sewage system shall include i) septic
tanks ii) leaching beds iii) dry wells
1.21
A property shall be deemed to be serviced by an available Town sewer system if
the sewer system is within 30.0 metres of any said property abutting municipal
rights-of-way. In the event a Town sewer system becomes available, the property
owner will have (1) year, or such other time period as may be approved by
Council by Council Resolution, to connect to the available sewer and
decommission the private sewage system per section 1.23. The availability of the
sewer will be determined by Director of Engineering and/or his or her designate.
1.22
Backwater valves installed on building drains must be maintained to provide an
effective barrier to municipal backups.
1.23
To decommission, septic tanks, treatment units, leaching beds or dry wells they
shall be pumped dry and the contents disposed of at a suitable disposal site and
a receipt of the disposal fee shall be submitted to the Officer. The tanks
treatment units or dry wells shall be disposed of to the satisfaction of the Officer,
cavities shall be filled with sand or other suitable material and the ground graded
to match existing grades. Existing building drain(s) not being reused shall be
removed from the foundation wall and the foundation wall shall be repaired and
made impervious to water.
1.24
A vacant building or structure damaged by fire, storm or other causes, shall be
repaired to its original condition or demolished within 120 days of the issuance of
an Order.
Until the necessary repair or demolition can be, the building or structure shall be
supported and barricaded to prevent fire hazards and unsafe conditions.
1.25
Every building damaged by fire, storm, until repairs have been completed shall
effectively:
(a) be protected against the further risk of fire, or unsafe conditions,
(b) be secured to prevent the entrance thereto of unauthorized persons, and
(c) have the exterior building envelope sealed with an appropriate material to
protect the interior from rain, snow or other environmental elements that
would cause the building to further deteriorate.
1.26
All materials used to board vacant buildings damaged by fire, storm, or other
causes, shall be tight fitted plywood, composite panels or wood boards painted
with an exterior grade paint so that the colour compliments the building's
exterior elements and is acceptable to the Officer.
1.27
Where a building or structure is demolished:
(a) the site shall be cleared of all rubbish, debris, refuse, masonry, lumber and
other materials and left in a graded and leveled condition;
(b) unless new construction is to commence immediately on the same footings
and/or foundation walls, the footings and foundations shall be removed unless
authorized and described on the demolition permit by the Chief Building
Official;
(c) only clean, inert, native material or granular material approved by the Chief
Building Official shall be used as backfill;
(d) building rubble including but not limited to, broken bricks and concrete, shall
not be acceptable as backfill material;
(e) building services such as gas, electrical and water lines, sewer lines, and
other such services, shall be properly abandoned per the Director of
Engineering's best engineering practice standards and the authority having
jurisdiction; and
(f) the site shall be properly graded, grass seeded and otherwise restored to the
satisfaction of the Officer to ensure that water will not pond on the site, or
drain onto adjoining properties.
1.28
Where part of a building or structure has been demolished, the exterior walls of
the remaining part of the building or structure shall comply with the requirements
of this by-law and the walls shall be finished with a parge coat of cementitious
mortar or otherwise treated with a protective coating to prevent the entry of water
Into the building and to present a neat and uniform appearance, in the opinion of
the Officer, free from the outlines of partitions, stairs, doors, floors, signs and
from areas of multi-coloured paint or wallpaper.
1.29
All properties and every yard shall be kept clean and free from rubbish, brush or
other debris and from objects or conditions, such as holes or excavations, that
might create a fire hazard or unsafe conditions;
1.30
Where commercial, industrial or multi-residential on site garbage containers are
visible from a residential property or from a public street, the area where the
receptacles are being stored shall be buffered and screened from adjoining or
nearby residential properties or public areas so as to minimize the effect of the
nuisance.
Without limiting the generality of the foregoing, such buffering and screening
shall be acceptable to the Officer, and shall include the provision and
maintenance of an effective system to cover, contain, screen and facilitate the
collection and removal of waste materials and debris;
1.31
Regarding yard conditions:
(a) In yards of multiple dwellings and non-residential properties, sufficient lighting
of exterior property areas shall be provided to minimize any danger to
persons using walkways.
(b) Artificial lighting standards and fixtures shall be kept in a safe condition, in
working order and in good visual condition.
(c) Walkways shall be maintained, resurfaced or re-graded as necessary to
ensure a reasonably smooth, slip free and safe surface for pedestrian traffic.
1.32
The storm water run-off from all downspouts, sump pump discharges or
impervious surfaces shall be designed and maintained so as to discharge water
run-off away from the building and to prevent flooding, erosion and other
nuisance to neighboring properties.
1.33
Retaining walls, signs and all structures appurtenant to a property shall be
maintained in good repair, free from unsafe conditions including fire hazards and
capable of safely performing the function for which they were designed.
1.34
Existing barriers required for sound attenuation shall be maintained safe, plumb,
unless designed otherwise and structurally sound.
1.35
All parking areas shall be:
(a) entirely paved and maintained with a hard surface consisting of concrete,
asphalt, paving brick or block or similar material acceptable to the Chief
Building Official that is free from excessive cracks, pot holes, and
delaminating;
(b) provided with an internal drainage system satisfactory to the Officer, which
discharges into the municipal storm system as approved by the Director of
Engineering's Office;
(c) provided with a minimum 150mm in height curbs or curb stops secured to
minimize the risk of vehicles damaging fences, lamp standards and other
structures, and to restrict access to untraveled portions of Town rights-of-way;
(d) provided with sufficient lighting in such a way as to deflect away from nearby
properties;
(e) provided with visible markings and islands, to indicate parking spaces,
ingress and egress routes.
1.36
Fire detection systems, fire alarm systems, standpipe and sprinkler systems,
as required, shall be maintained in working condition and records for the routine
testing and maintenance of these systems shall be readily available for the
Officer's review upon demand.
1.37
The integrity of all fire separations and associated smoke seals and fire stopping
systems shall be maintained.
1.38
Elevators, hoists, lifts, moving walkways and escalators shall be maintained in
working order and in accordance with the requirements of the TSS Act, 2000,
S.O., 2000, c 16 as amended from time to time, and any regulations made there
under. Including lighting fixtures, elevator buttons, floor indicators and ventilation
fans. Routine testing and maintenance records of these systems shall be readily
available for the Officer's review upon demand. Repair of inoperable elevators
shall be done as expeditiously as possible.
1.39
Where a refuse chute system was originally provided in a multiple floor building,
the system shall be maintained except that acceptable alternatives may be
provided if facilities are readily accessible to occupants. Refuse chute systems,
disposal rooms, containers and receptacles shall be washed down, disinfected
and maintained as is necessary to be clean, odour free and in good working
order and repair.
1.40
Parking garages and parking structures shall be:
(a) maintained in a clean, structurally sound, free from defects and safe
condition;
(b) adequately ventilated at all times to provide (3.8L/s/m 2 ) of floor area minimum
if ventilated by mechanical means unless the system is22 A-18 controlled by
a Carbon Monoxide detection system;
(c) the ventilation systems referenced in sentence (b) shall be maintained in
proper working order, free from defects;
(d) where the officer has doubts to the effectiveness of the ventilation and/or
carbon monoxide detection system, can at the owners expense order testing
to confirm compliance with sentence (b );
(e) adequately lighted at all times, so that the number and arrangement of light
fixtures is such as to provide an average level of illumination of at least 54 lux
at floor level over the entire floor area with a minimum level of 11 lux at any
location on the floor; and
(f) equipped with wire screens or other suitable means of protection for lighting
fixtures, so as to prevent accidental or malicious damage.
(g) shall be provided with an effective fire separation and barrier to the passage
of gas and exhaust fumes from any part of the parking garage into any other
part of the building used or intended to be used for human occupancy.
1.41
All existing barrier-free requirements shall be maintained in existing buildings
required to be barrier-free.
1.42
The following types of classes of buildings and structures shall be upgraded to
provide barrier free access at the principal entrance to the following buildings:
(a) medical and dental facilities with more than one (1) doctor;
(b) places of public assembly occupancy including schools, colleges, universities
and places of instruction/training;
(c) banks and other financial institutions;
(d) restaurants with more than 60 seats;
(e) rest homes and lodging homes; and
(f) commercial occupancies including retail stores and offices, but limited to
those that are more than three storey's in height or more than six hundred
square meters in floor area.
1.43
Barrier free requirements shall not be required to exceed the standards
contained in the Ontario Building Code.
1.44
A requirement of Section 1.42 and 1.43 shall be deemed to be complied with if, in
the opinion of the Officer, the building will provide accessibility to persons with
disabilities, taking into consideration physical limitations in the design of the
building that may make some upgrading impractical.
1.45
Every multiple dwelling property owner, and every occupant in that part of a
property that he or she controls, shall maintain the property free from rodents,
vermin, termites, injurious insects and other pests, and from conditions which
might encourage infestation by such pests. Methods used for exterminating
rodents or insects or both shall be in accordance with the provisions of the
Pesticides Act, R.S.O. 1990, Chapter P.11, as amended, and all regulations
enacted pursuant thereto.
1.46
Means of egress(s);
(a) Every dwelling shall have safe, continuous and unobstructed passage or
means of egress from the interior of each dwelling unit contained therein to
the exterior of the dwelling at or near street or grade level.
(b) Except as provided in sentence (c), every dwelling, containing dwelling units
located other than on the first floor or the floor directly above the first floor,
shall provide a second means of egress from such dwelling units to the
exterior of the dwelling at or near grade level.
(c) A second means of egress shall not be required from any dwelling unit23 A-
19 having a separate or self-contained means of egress to the exterior of the
dwelling at or near grade level.
(d) A required means of egress shall not pass through an attached or built-in
garage or an enclosed part of another dwelling unit.
1.47
All equipment, components and supplies or replacement equipment, components
and supplies must be Canadian Standards Association approved or otherwise
listed in a manner consistent with the Ontario Building Code as amended or other
authority having jurisdiction.
1.49
Buildings identified by police services as illegal marijuana grow operations will
require the following:
(a) Mould Air Quality Report- at the owner's expense, a report prepared by a
Certified Air Quality Assessment professional, trained and knowledgeable in
this field, detailing mould spore samples and related air quality. The owner
will undertake the appropriate remediation outlined in the report. The owner
will also provide a follow-up report, at their own expense, which confirms that
air quality levels consistent with a healthy environment have been attained at
the premises, to the satisfaction of the Property Standards Officer
(b) Structural Report - where the Officer has doubt as to the structural condition
or adequacy of the property, the Officer may require compliance with section
1.5 of this By-law.
(c) Electrical Report - where an Officer has reason to believe the building
electrical system may pose an unsafe condition, may require at the owners
expense the submission of an Electrical Safety Authority Clearance
Certificate to the Officer.
Part 2:
Supplementary Standards for Non-Residential Properties
2.1
Every owner or occupant of a property shall maintain the property or part thereof
they occupy or control as follows:
(a) in a clean, sanitary and safe condition, free from litter, garbage and debris,
including such litter and garbage as may be left by customers or other
members of the general public, and shall provide containers for the disposal
of such litter or garbage; and
(b) free from objects or conditions which create fire hazard or unsafe conditions.
2.2
All non-residential properties shall be adequately ventilated by natural or
mechanical means on a continuous basis, in a safe and working order and with
regard to the operations carried on therein, to ensure that persons within the
property are not exposed to conditions deleterious to their health or safety as
described in the current edition of the American National Standards
Institute/American Society of Heating. Refrigerating and Air Conditioning
Engineers. (ASHRAE) Standard 62.1.
2.3
In all parts of a non-residential building, a minimum level of illumination of 50 lux
shall be provided and maintained which will adequately protect all persons within
the building from unsafe conditions.
2.4
All non-residential buildings, or parts thereof, normally heated, shall be provided
with a heating system maintained in a safe and working order, free from unsafe
conditions or fire hazards and capable of supplying sufficient heat to maintain a
minimum indoor temperature of 18' C during hours of occupancy.
2.5
Boiler space heating shall be provided with backflow prevention and annually
tested in compliance with the most current CAN/CSA Standard "Manual for the
Selection and Installation of Backflow Prevention Devices" listed in the Ontario
Building Code. Test reports shall be provided to a Property Standards Officer
upon request.
2.6
Plumbing systems, fixtures and appliances in all non-residential buildings shall
be maintained in good working order, free from cross-contamination potential,
and free from leaks and defects.
2.7
Where food is cooked processed or prepared for the pubic, all plumbing fixtures
located in the wash-down area shall discharge through a grease interceptor
which is maintained in accordance with the most current edition of CAN/CSA
Standard "Maintenance of Grease Interceptors" listed in the Ontario Building
Code.
2.8
Where floor drains are located in a service station, repair shop, garage or any
establishment where motor vehicles are repaired, lubricated or maintained they
shall discharge through an oil interceptor.
2.9
In a building used in part for residential purposes, and in part for non-residential
purposes, wherein noxious fumes, or gases are, or could be, present, all
separations between the non-residential portion and the residential portion shall
be of gas-tight construction and maintained in a good state of repair so as to
effectively prevent the passage of noxious fumes, or gases through the
separation.
Part 3
Supplementary Standards for Residential Properties in the Town of
Amherstburg
3.1
Every cabinet, cupboard, shelf and counter top in a dwelling unit shall be
maintained in a structurally sound condition, free from cracks and deterioration.
3.2.1 Interior claddings of every wall and ceiling shall be maintained so as to be free of
large holes, cracks, leaks, deteriorating material, visible mould and mildew, and
loose material.
3.2.2 Water penetration related to mould-Any condition in a building, including but not
limited to water penetration, humidity or inadequate ventilation, which may relate
to the creation and growth of mould, shall be repaired or removed. Mould Air
Quality Report- If in the opinion of the Property Standards Officer, the mould
accumulation is excessive so as to cause a health hazard, the owner will provide,
at the owner's expense, a report prepared by a Certified Air Quality Assessment
professional, trained and knowledgeable in this field, detailing mould spore
samples and related air quality. The owner will undertake the appropriate
remediation outlined in the report. The owner will also provide a follow-up report,
at their own expense, which confirms that air quality levels consistent with a
healthy environment have been attained at the premises, to the satisfaction of
the Property Standards Officer.
3.3
Floors and finished flooring (including carpeting) shall be maintained in a
structurally sound condition and be free fr o m of visible mould and mildew,
holes, cracks or other defects which may cause an unsafe condition or trip
hazard.
3.4
Cracked and broken glass in door panels, missing screens, and missing windows
shall be replaced with approved glass or similar materials. All operable windows
and all doors shall be capable of being opened from the inside without the use of
specialized tools and maintained in good repair. All materials referred to in this
section shall be to the satisfaction of the Officer to provide an acceptable level of
fire protection.
3.5
Every dwelling and every dwelling unit shall be provided with a heating system
maintained in a good state of repair and in safe operating condition capable of
maintaining "adequate and suitable heat" specified in the Town of Amherstburg's
Vital Services By-law. Room temperature shall be determined at any point in the
room, for the purposes of this by-law "adequate and suitable" means that the
minimum temperature of the air in the accommodation which is available to the
tenant or lessee is 22 C. All common areas or internal entrance ways in a
multiple dwelling shall be provided with heating systems capable of maintaining a
minimum temperature of not less than 18 C.
3.6
Heating systems, including stoves, heating appliances, fireplaces, chimneys,
fans, pumps and filtration equipment shall be maintained in a good state of repair
and in a safely operable condition.
3.7
No dwelling unit shall be equipped with portable heating equipment as the
primary source of heat.
3.8
Only heating equipment approved for use by a recognized standard testing
authority shall be provided in a room used or intended for use for sleeping
purposes.
3.9
Every parking/storage garage serving a residential use shall be provided with a
fire separation (if required) and an effective barrier to the passage of gas and
exhaust fumes from any part of the parking/storage garage into any other part of
a dwelling unit or multiple dwelling used or intended to be used for human
occupancy inclusive of doors between a parking garage and remainder of the
building.
3.10
Unless specifically exempted under other governmental regulations, every
dwelling and dwelling unit shall be provided with at least a water closet (toilet), a
wash basin, a bath tub or shower, and a kitchen sink, all of which shall be
maintained in good working order, free from cross-contamination potential, and
free from leaks and defects. The water closet, wash basin, bath tub and/or
shower shall be located within, and be accessible from within, the dwelling or
dwelling unit and shall be located and equipped to afford privacy, secured from
the inside and can be opened from outside the room in an emergency.
3.11
No toilet or urinal shall be located in a room used for or intended to be used for
sleeping or preparing, consuming or storing food.
3.12
Hot water at a temperature of at least 43 °C, and cold running water shall be
provided in a capacity that will produce a flow in the fixture that will flush the
fixture and keep it in a sanitary condition.
3.13
All plumbing, including drains, water supply pipes inside a building and outside a
building, water closets, back water valves, and other plumbing fixtures shall be
maintained in good working condition free of leaks and defects and all water
pipes and appurtenances thereto shall be protected from freezing.
3.14
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
The connection to the building and the system of circuits and outlets distributing
the electrical supply within the building shall provide adequate capacity for the
use and intended use of the building and such connections, circuits, wiring and
outlets along with any fuses, circuit breakers and other appurtenances thereto
shall be installed and maintained:
(a) In compliance with the respective requirements of the Electrical Safety Code
and Building Code;
(b) In good working order and good repair; and
(c) In a safe condition.
3.15
Voice Communication section
In multiple dwellings where a voice communications system between each
dwelling unit and the front lobby and security locking and release facilities for the
entrance, have been provided and are controlled from each dwelling unit, such
facilities shall be maintained in good repair.
3.16
Adequate artificial light shall be available at all times, in all habitable rooms,
common areas, means of egress, exits and corridors.
3.17
Every habitable room in a dwelling, except a kitchen, shall maintain an outside
window or windows which shall be maintained in good repair, and which shall
have a total light transmitting area of not less than five per cent (5%) of the floor
area of the room for bedrooms, and not less than ten per cent (10%) of the floor
area for all other habitable rooms.
3.18
Every habitable room in a dwelling shall contain windows that are capable of
being opened from the inside or vents providing a minimum unobstructed
ventilation area to the outdoors of 0.14 square metres per occupant for sleeping
areas, and a minimum of 0.28 square metres per occupant for all other habitable
rooms. Every bathroom or water closet room shall contain windows capable of
being opened from the inside, or vents, providing a minimum unobstructed
ventilation area to the outdoors of 0.09 square metres; and every unfinished28 A-
23 basement or cellar area shall contain said windows or vents providing a
minimum unobstructed ventilation area to the outdoors equal to 0.2 per cent
(0.2%) of the floor area.
3.19
In lieu of the natural ventilation required by section 3.18, acceptable mechanical
ventilation directly to the exterior shall be permissible. The system shall be
capable of providing at least one (1) air change per hour for the room being
served.
3.20
Every window in a leased dwelling unit that is located above the first storey of a
multiple dwelling shall be equipped with an approved guard or a safety
mechanism that would prevent any part of the window from opening greater than
would permit the passage of a 100 mm diameter sphere. Such safety devices
shall offer protection to the height of at least 1.07 m above the floor but shall not
prevent the windows from being fully opened by an adult without the use of tools
during an emergency.
3.21
In dwellings, every laundry room, garbage room corridor, boiler room, storage
garage and all parts of the building used by the tenants in common shall be
adequately ventilated, and where a system of mechanical ventilation is used it
shall be maintained in good working condition.
3.22
The maximum number of persons residing in a dwelling unit shall not exceed one
person for each 9 square metres of habitable room floor area.
3.23
A room used for sleeping purposes shall have a minimum floor area of 6 square
metres and shall not be occupied by more than 1 person for each 4 square
metres of floor area thereof.
3.24
In a house,
(a) Minimum room height shall not be less than 1950mm over the required floor
area and in any location that would normally be used as a means of egress,
or
(b) Minimum room height shall not be less than 2010mm over at least 50% for
the required floor area, provided that the floor having a clear height of less
than 1400mm shall not be considered in computing the required floor area.
3.25
No basement or cellar or portion thereof shall be used as a dwelling unit or
habitable rooms of a dwelling unit, unless it meets the following requirements:
(a) Access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room;
(b) provided that one-half of the total area of such windows is above the top of
the window well. Where less than half the light transmitting area of a window
is above the top of a window well, only that area of the window above the top
of the window well may be counted in the calculations.
(c) The minimum required unobstructed ventilation area to the outdoors shall not
be limited to the requirements of Section 3.17, if, in the opinion of the Officer,
the location of windows that are capable of being opened or vents, providing
such ventilation, is such as to create a poorly and inadequately ventilated
room.
(d) Except where a door on the same level as the bedroom provides direct
access to the exterior, every floor level containing a bedroom in a suite shall
be provided with:
i.
At least one window that can be opened from the inside
without the use of tools and,
ii.
At least one window shall, in every bedroom, provide an
unobstructed open portion having a minimum area of .35 m2
with no dimension less than 380 mm.
(e) Each habitable room shall be separated from service rooms by a suitable fire
separation in compliance with Ontario Building Code Regulations.
3.26
Every dwelling unit shall be equipped with an approved smoke alarm(s)
conforming to the current edition of the OBC regulations that shall be:
(a) Access to each habitable room shall be gained without passage through a furnace room,
boiler room or storage room;
(b) provided that one-half of the total area of such windows is above the top of the window well. Where less
than half the light transmitting area of a window is above the top of a window well, only that area of the
window above the top of the window well may be counted in the calculations.
(c) The minimum required unobstructed ventilation area to the outdoors shall not be limited
to the requirements of Section 3.17, if, in the opinion of the Officer, the location of windows
that are capable of being opened or vents, providing such ventilation, is such as to
create a poorly and inadequately ventilated room.
(d) Except where a door on the same level as the
bedroom provides direct access to the exterior,
every floor level containing a bedroom in
a suite shall be provided with:
(a) installed on every floor level in proximity of bedrooms and in conformance
with the manufacturers' instructions or recommendations for installation;
(b) clearly audible within sleeping areas even though the doors to the
sleeping areas may be closed;
(c) either wired directly into the electrical system without a disconnect switch,
or be battery powered. Sufficient additional replacement batteries shall be
maintained nearby at all times as replacements for the smoke alarm,
should it be battery powered so that at any given time such smoke alarm
may have its battery or batteries replaced as warranted in order to keep it
fully operational; and
(d) continuously operating, except during periods of unavoidable electrical
power interruption or battery replacement, as the case may be.
3.27
Every dwelling unit that has fuel burning appliances, solid fuel burning
appliances, or is attached to a storage garage, shall be equipped with a carbon
monoxide detector conforming with the most current edition of CAN/CSA and US
UL Standard as listed in the current Ontario Building Code regulations and shall
be:
(a)installed in conformance with Sentence (c) where a solid fuel-fired
combustion appliance exists;
(b )installed on or near the ceiling in each room in which there is installed a solid
fuel-burning appliance;
( c) permanently connected to an electrical circuit, and
i.
shall have no disconnect switch between the over-current
device and the carbon monoxide detector where practical;
ii.
be wired so that its activation will activate all carbon
monoxide detectors within the suite, where located within a
suite of residential occupancy,
iii.
be equipped with an alarm that is audible within bedrooms
when the intervening doors are closed, where located
adjacent to a sleeping area, and,
(d)plug-in types of detectors plugged into a duplex receptacle near the floor level
are acceptable in locations where there may be a hardship complying with (a)
(b) and (c) outlined above.
Part 4:
ADDITIONAL REQUIREMENTS FOR VACANT BUILDINGS
4.1
General
4.1.1 In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, the owner of a vacant building, shall:.
(a) installed in conformance with Sentence (c) where a solid fuel-fired combustion appliance exists;
(b) installed on or near the ceiling in each room in which there is installed a solid fuel-burning appliance;
(c) permanently connected to an
electrical circuit, and
(d) plug-in types of detectors plugged into a duplex receptacle near the floor level are acceptable
in locations where there may be a hardship complying with (a) (b) and (c) outlined
above.
(a) ensure that all utilities serving the building, which are not required for safety
or security are properly disconnected or otherwise secured, to prevent
damage to the building or adjoining property.
(b) Ensure that the property is kept free of rodents, vermin and other harmful
pests and any conditions that would allow such pests to harbour in or about
the building.
4.2
Additional Requirements for Vacant Non Residential Buildings
4.2.1 The owner of every non residential vacant building shall keep the property free of
conditions that promote the infestation of birds.
4.3
Additional Requirements for Vacant Residential Buildings
4.3.1 Despite any other provision of this bylaw, where in the opinion of the Officer a
vacant residential property can be repaired, the building shall be repaired:
(a) As soon as is possible in a manner consistent with other parts of this by-law:
and,
(b) Maintained in a manner so as not to become, in the opinion of the Officer, a
public nuisance.
4.4
Clearing and Leveling of Vacant Residential Buildings
4.4.1 Despite any other provision of this bylaw an Officer may issue an order directing
the owner to demolish a derelict or vacant residential building.
4.5
Clearing and Leveling of Vacant Non-Residential Buildings
4.5.1 Despite any other provision of this bylaw an Officer may issue an order directing
the owner to demolish a derelict or vacant non-residential building.
Part 5:
Supplementary Standards for Heritage Properties in the Town of
Amherstburg
5.1
General
5.1.1 In addition to the minimum standards for the maintenance and occupancy of
property set out elsewhere in this by-law, the owner of a property designated
under Part IV or Part V of the Ontario Heritage Act, herein referred to as a
Heritage Property shall:
(a) Maintain all of the Heritage Attributes on the property;
(b) Preserve and protect the Heritage Attributes so as to preserve the properties
cultural heritage value or interest;
5.2
Alteration, Erection, and Demolition
5.2.1 No owner of property designated under Part IV Section 29 of the Ontario
Heritage Act shall alter the property or permit the alteration of the property if the
alteration is likely to affect the property's heritage attributes, as set out in the
description of the property's heritage attributes by-law, unless the owner obtains
a permit from the municipality to do so.
5.2.2 No owner of property situated in a Heritage Conservation District shall do any of
the following, unless the owner obtains a permit from the municipality to do so:
(a) Alter, or permit the alteration of, any part of the property, other than the
interior of any structure or building on the property.
(b) Erect any building or structure on the property or permit the erection of such a
building or structure.
(c) Demolish or remove, or permit the demolition or removal of, any attribute of
the property if the demolition or removal would affect a heritage attribute
described in the heritage conservation district plan that was adopted for the
Heritage Conservation District.
5.2.3 Despite subsection 5.2.2 of this by-law, the owner of a property situated in a
designated Heritage Conservation District may, without obtaining a permit from
the municipality, carry out such minor alterations or classes of alterations as are
described in the Heritage Conservation District plan to any part of the property in
respect of which a permit would otherwise be required.
5.2
Repair and Replacement of Heritage Attributes
5.2.1 Despite any other provision of this bylaw, where a Heritage Attribute of a
Heritage Property can be repaired, the Heritage Attribute shall be repaired:
(a) In such a manner that minimizes damage to the heritage cultural value or
interest and maintains the design, colour, texture, grain or other distinctive
features of the heritage attribute;
(b) Using the same types of material as the original and in keeping with the
design, colour, texture, grain or other distinctive features of the original; and,
(c) Where the same types of materials as the original are no longer available,
alternative types of material that replicate the design, colour, texture, grain or
other distinctive features and appearance of the original material may be used
if approved by Council or where applicable their designate.
5.2.2 Despite any other provision in this bylaw, where a Heritage Attribute of a
Heritage Property cannot be repaired, the Heritage Attribute shall be replaced:
(a) In such a manner as to replace the design, colour, texture, grain or other
distinctive features and appearances of the heritage attribute, using the same
types of materials as the original; and,
(b) Where the same of materials as the original are no longer available,
alternative types of materials that replicate the design, colour, texture, grain or
other distinctive features of the original materials may be used.
5.3
Vacant Heritage Properties
5.3.1 This section applies only to vacant buildings or structures on a Heritage
Property.
5.3.2 Notwithstanding Part 4 of this bylaw:
(a) Where a Heritage Property remains vacant for a period of 90 days or more,
the owner shall ensure that appropriate utilities serving the building are
connected as required in order to provide, maintain and monitor proper
heating and ventilation to prevent damage to the heritage attributes.
(b) The owner of a vacant Heritage Property shall protect the building and
property against the risk of fire, storm, neglect, intentional damage, moisture
penetration, damage from the elements, unauthorized persons or the
infestation of pests.
(c) The owner of a vacant Heritage Property shall minimize the potential of
deterioration of a building, where the exterior doors, windows or other
openings are missing, broken, improperly fitted, unsecure or in disrepair, the
property shall be boarded in compliance with the following requirements
i.
all boards shall be installed from the exterior and shall be fitted in a
watertight manner and so that all exterior trim and cladding remains
uncovered and undamaged by the boarding;
ii.
all boards shall be fastened securely in a manner that minimizes
damage to the heritage attributes;
iii.
all boards shall be painted or otherwise treated so that the colour
blends with the exterior of the building or structure.
(a) Where a Heritage Property remains vacant for a period of 90 days or more, the owner shall
ensure that appropriate utilities serving the building are connected as required in order
to provide, maintain and monitor proper heating and ventilation to prevent damage to
the heritage attributes.
(b) The owner of a vacant Heritage Property shall protect the building and property against
the risk of fire, storm, neglect, intentional damage, moisture penetration, damage from
the elements, unauthorized persons or the infestation of pests.
(c) The owner of a vacant Heritage Property shall minimize
the potential of deterioration of a building, where
the exterior doors, windows or other openings
are missing, broken, improperly fitted, unsecure
or in disrepair, the property shall be boarded
in compliance with the following requirements