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By-law 2011-138
Property Standards By-law
(Consolidated - as amended)
A By-law of the Corporation of the City of Barrie to prescribe
standards for the maintenance and occupancy of property within
the City of Barrie, pursuant to Subsection 15.1-(3) of The Building
Code Act, 1992, S.O. 1992, c.23 and to repeal By-law 2006-262 and
By-law 85-32 as amended.
Disclaimer:
The following consolidation is an electronic reproduction made available for information
only. It is not an official version of the By-law. The format may be different, and plans,
pictures, other graphics or text may be missing or altered. The City of Barrie does not
warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used
for other purposes, only if this disclaimer is repeated as well as the notice of copyright.
Official versions of all By-laws can be obtained by contacting the Legislative and Court
Services Department at [email protected] or by phone 705-739-4204.
This By-law printed under and by
the authority of the Council of the
City of Barrie
2
By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
Bill No. 156
BY-LAW NUMBER 2011-138
A By-law of the Corporation of the City of Barrie to prescribe
standards for the maintenance and occupancy of property
within the City of Barrie, pursuant to Subsection 15.1-(3) of
The Building Code Act, 1992, S.O. 1992, c.23 and to repeal By-
law 2006-262 and By-law 85-32 as amended.
WHEREAS subsection 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, permits the
Council of a municipality to pass a by-law prescribing standards for the maintenance and occupancy
of property within the municipality and for prohibiting the occupancy or use of such property that does
not conform with the standards;
AND WHEREAS subsection 15.1(3) of the Building Code Act, 1992 also permits said by-law to
require property that does not conform with the standards to be repaired and maintained to conform
with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in a
graded and levelled condition;
AND WHEREAS the Council of The Corporation of the City of Barrie deems it necessary to
repeal By-law 2006-262 being a by-law to prescribe standards for the maintenance and occupancy of
property within the City of Barrie, pursuant to Subsection 15.1-(3) of The Building Code Act;
AND WHEREAS the Council of The Corporation of The City of Barrie deems it expedient to
continue to regulate the maintenance of properties within the City of Barrie;
AND WHEREAS by motion 11-G-108, the Council of The Corporation of the City of Barrie
deems it expedient to pass such a by-law;
NOW THEREFORE, the Council of The Corporation of the City of Barrie enacts as follows:
1.
INDEX
1.
Index
2.
Short Title
3.
Definitions
4.
Scope
PART I - GENERAL MAINTENANCE OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND
INSTITUTIONAL USES
5.
Yards
6.
Vacant Buildings
7.
Sewage and Drainage
8.
Walks
9.
Safe Passage and Barrier-free Access
10.
Fences and Retaining Walls
11.
Garbage Disposal
12.
Surface Treatment of Outdoor Parking and Storage Areas in Industrial Zones
13.
Pest Prevention
14.
Foundations
15.
Structural Components
16.
Roofs
17.
Exterior of a Building
18.
Graffiti
19.
Doors and Windows
20.
Dampness
21.
Stairs, Porches Balconies and Decks
22.
Guards and Handrails
23.
Elevators
24.
Water Supply
25.
Plumbing
26.
Washroom Facilities
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By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
PART II - MAINTENANCE OF DWELLINGS AND DWELLING UNITS
27.
Walls and Ceilings
28.
Floors
29.
Basements and Crawl Spaces
30.
Cleanliness
31.
Doors and Windows
32.
Kitchen, Bathroom and Washroom Facilities
33.
Kitchens
34.
Bathrooms and Washrooms
35.
Ventilation
36.
Heating Systems
37.
Electrical Services
38.
Light
39.
Occupancy Standards
PART III - ADMINISTRATION
40.
Property Standards Committee
41.
Validity
42.
Repeal of By-laws #2006-262 and 85-32
43.
Service Fees
44.
Force and Effect
2.
SHORT TITLE
2.1.
This By-law may be referred to as the "PROPERTY STANDARDS BY-LAW".
3.
DEFINITIONS
3.1.
All words used in this by-law shall be interpreted as defined in this by-law. Where
definitions are not provided herein, the words shall be defined as provided firstly in the
most current editions of the Building Code Act and the Ontario Building Code. Finally,
any remaining words shall be as defined in the Concise English Oxford Dictionary in the
context of the by-law application.
3.2.
In this By-law;
(a)
"ACCESSORY BUILDING" - shall mean any subordinate building or structure
which is separate from or attached to the main building on the same lot and
subordinate to a principle use of a building or structure, is not used for human
habitation, is located on the same lot and may, without limiting the generality of the
foregoing, include a private garage, swimming pools, private greenhouses, patios,
carports, boat houses, solar collectors, garbage bin enclosures, raised play
structures and gazebos.
(b)
"BATHROOM" - shall mean a room containing a bath tub or shower with or
without a water closet and lavatory.
(c)
"BARRIER-FREE" - shall mean that a building and its facilities can be approached,
entered and used by persons with physical or sensory disabilities.
(d)
"BASEMENT" - shall mean that portion of a building between two floor levels
which is partly below finished grade level in which the height from adjacent finished
grade level to the ceiling is less than 1.8 metres.
(e)
"BUILDING CODE" - shall mean Ontario Regulation 350/06 under the Building
Code Act, and all amendments thereto.
(f)
"BUILDING CODE ACT" - shall mean the Building Code Act, 1992, S.O. 1992,
c.23, as amended.
(g)
"CITY" - shall mean the Corporation of the City of Barrie.
(h)
"COMMERCIAL USE" - shall mean a use in which services or goods are sold
for gain or profit.
(i)
"COUNCIL" - shall mean the Council of The Corporation of the City of Barrie.
(j)
"CRAWL SPACE" - shall mean a space beneath a floor assembly with less
than 1.8 m of clearance height.
(k)
"DOMESTIC GOODS" shall mean goods associated with a residential occupancy
and includes but is not limited to firewood, small amounts of building materials,
garden equipment and furniture and household belongings and sports equipment
that is in normal keeping with the principal use of the property.
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By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
(l)
"DWELLING" - shall mean a building or structure or part of a building or structure
occupied or capable of being occupied in whole or in part for the purposes of
residential occupancy and includes the land and premises appurtenant thereto
and all outbuildings, fences or erections thereon or therein.
(m)
"DWELLING UNIT" - shall mean a suite operated as a housekeeping unit, used
or intended to be used as a domicile by one or more persons and usually
containing cooking, eating, living, sleeping and sanitary facilities.
(n)
"FINISHED GRADE LEVEL" - shall mean the average elevation of the finished
surface of the ground abutting the external walls of the building or structure,
exclusive of any embankment in lieu of steps.
(o)
"HABITABLE ROOM" - shall mean any room in a dwelling unit used or intended
to be used for living, sleeping, cooking or eating purposes.
(p)
"MAINTAIN" - shall mean the preservation and keeping in good repair.
Maintenance and maintained shall have the same meaning.
(q)
"MEDICAL OFFICER OF HEALTH" - shall mean the Medical Officer of Health
for the Simcoe Muskoka District Health Unit.
(r)
"MULTIPLE DWELLING" - shall mean a building containing two or more
dwelling units.
(s)
"NON-HABITABLE ROOM" - shall mean any room in a dwelling or dwelling unit
other than a habitable room, and includes a bathroom, washroom, laundry, pantry,
lobby, communicating corridor, stairway, closet, crawl space, furnace room or
other space for service and maintenance of the dwelling for public use, and for
access to, and vertical travel between storeys.
(t)
"NON-RESIDENTIAL PROPERTY" - shall mean a building or structure not
occupied or capable of being occupied in whole or in part for residential occupancy
and includes the lands and premises appurtenant thereto.
(u)
"OCCUPANCY" - shall mean the use or intended use of a building or part thereof
for the shelter or support of persons, animals or property.
(v)
"OCCUPANT" - shall mean any person or persons over the age of eighteen
years in possession of the property.
(w)
"PROPERTY STANDARDS COMMITTEE" - shall mean the Property Standards
Committee established pursuant to Section 15.6 of the Building Code Act.
(x)
"PROPERTY STANDARDS OFFICER" - shall mean a Property Standards Officer
who has been assigned the responsibility of administering and enforcing by-laws
passed under Section 15.1 of the Building Code Act.
(y)
"RESIDENTIAL OCCUPANCY" - shall mean the occupancy or use of a building
or part thereof by persons for whom sleeping accommodation is provided but
who are not harbored or detained to receive medical care or treatment or are
not involuntarily detained.
(z)
"RESIDENTIAL PROPERTY" - shall mean any property that is used or
designed for residential occupancy, and includes any land or buildings that are
appurtenant to such occupancy and all yards, landscaping, steps, walks,
driveways, parking spaces and fences associated with the occupancy.
(aa)
"SEWAGE" - shall mean any liquid waste containing animal, vegetable or
mineral matter in suspension or solution but does not include roof water or other
storm run-off.
(bb)
"SEWERAGE SYSTEM" - shall mean the City sanitary sewerage system or a
private sewage disposal system approved by the City.
(cc)
"STANDARDS" - shall mean standards of physical condition and of occupancy
prescribed for property in Parts I and II of this By-law.
(dd)
"SURFACE TREATED" - shall mean paved with concrete, asphalt, stone, brick
or any aggregate treated with a binding material.
(ee)
"WASHROOM" - shall mean a room containing one or more water closets or
one or more lavatories and may include other sanitary fixtures.
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By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
(ff)
"YARD" - shall mean the land other than publicly owned land around and
appurtenant to the whole or any part of a building or structure and lawfully used or
intended to be used or capable of being used in connection with the building or
structure.
4.
SCOPE
4.1.
The standards for maintenance and occupancy of property prescribed in Parts I and II of
this By-law apply to all property in the City.
4.2.
No person shall use, occupy or permit the use or occupancy of any residential property
or any portion thereof that does not conform to the standards established in this By-law.
4.3.
The owner of any property which does not conform to the standards established in this
By-law shall repair and maintain such property to conform to the standards, or shall clear
the site of all buildings, structures, debris or refuse and leave it in a graded and levelled
condition.
4.4.
Where reference is made to the prescribed standards of the Building Code,
compliance alternatives as allowed for in Part 11 of the Building Code can be
substituted.
4.5.
Any provincial or federal regulation that imposes a higher maintenance standard shall
supersede this by-law.
PART I
GENERAL
MAINTENANCE
OF
RESIDENTIAL,
COMMERCIAL,
INDUSTRIAL
AND
INSTITUTIONAL USES
5.
YARDS
5.1.
Yards and vacant property shall be kept clean and free from rubbish or other debris and
from objects or conditions that create or might create a health, fire or accident hazard.
5.2.
Yards and vacant property shall be graded in a manner satisfactory to the Property
Standards Officer to prevent the mounding of earth, dirt or rubble or the ponding of water.
5.3.
Heavy undergrowth shall be eliminated from yards and vacant property that are not
zoned for agricultural use.
5.4.
No vehicle including a trailer, or any part of such vehicle or trailer, which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition shall be parked, stored or left
outdoors on any property in the City, with the following exceptions:
(a)
where it is part of an automotive repair establishment use, an automotive sales
establishment (new or used) use or a vehicle compound use permitted by any
zoning by-law;
(b)
where it is part of any legal non-conforming automotive repair establishment use,
automotive sales establishment (new or used) use, vehicle compound use or
salvage yard use; or
(c)
where the vehicle is operative and has been licensed pursuant to the provisions
of the Highway Traffic Act, R.S.O. 1990, c.H. 8, within the immediately preceding
period of one year.
5.5.
Domestic goods may be stored:
(a)
in a rear yard provided that such storage shall be neatly piled and is limited to
a small amount that is consistent with the permitted use of the property.
(b)
in the front yard provided that such storage is neat and limited to small amounts
consistent with the use of the property.
5.6.
No excessive storage shall be permitted in the front yard between the front of the building
and the street line.
5.7.
No person shall keep a swimming pool, hot tub, wading pool, garden fountain or
artificial pond unless it is maintained in good repair and working condition. All
swimming pools, hot tubs, wading pools and artificial ponds shall be kept free of water
that is malodorous or that provides a breeding place for mosquitos, including that
which may accumulate on or below a pool cover.
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The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
6.0
VACANT OR DERELICT BUILDINGS
6.1
For the purpose of this section "Derelict" shall mean: any building that is vacant and
has experienced structural failure in whole or in part."
6.2
For the purpose of maintenance of vacant buildings, all provisions within this By-law
which regulate interior conditions of a building shall not apply. All provisions within this
By-law which regulate exterior conditions and structural integrity shall apply with the
exception of sections 19 and 31 when the building's exterior openings are boarded in
accordance with this By-law.
6.3
Notwithstanding all other provisions of this By-law the additional sections below shall
apply to all vacant buildings.
6.4
If any building is unoccupied, the owner or agent shall protect every such building
against the risk of fire, accident or other such hazard and shall effectively prevent the
entrance thereto of all unauthorized persons.
6.4.1 if the normal locking of and other security measures for a building do not prevent entry,
the owner or their agent of a vacant building shall board up the building on the direction
of the Property Standards Officer, to the satisfaction of the Property Standards Officer
by covering any openings through which entry may be obtained with at least 12.7mm
(1/2 inch) weatherproof sheet plywood securely fastened to the building and painted
a colour compatible to the surrounding walls.
6.4.2 If a building remains vacant for more than ninety (90) days, the owner or their agent
thereof, shall ensure that all utilities serving the building are properly disconnected or
shall otherwise secure the building to prevent accidental or malicious damage to the
building or adjacent property, but this provision shall not apply where such utilities are
necessary for the safety or security of the building.
6.5
If a vacant building becomes derelict as defined in this By-law, the owner or their agent
shall bring the building into compliance with all structural and exterior maintenance
provisions of this By-law or such building shall be demolished in accordance with the
Building Code Act.
7.
SEWAGE AND DRAINAGE
7.1.
Sewage or organic waste shall be discharged into a sewerage system.
7.2.
No roof drainage, storm water drainage, sump pump discharge, or discharge from a
swimming pool shall be directed or discharged directly onto a sidewalk, street,
boulevard, stair or neighbour's property.
7.3.
Storm water and pumped discharge water shall be drained from the yard so as to prevent
recurrent ponding or the entrance of water into a building and in a manner that will
minimize erosion of adjacent properties.
8.
WALKS
8.1.
There shall be a surface-treated walk leading from the main exterior entrance of every
main building and every separately leased unit to the driveway or to the street.
9.
SAFE PASSAGE AND BARRIER - FREE ACCESS
9.1.
Steps, walks, ramps, driveways, parking spaces and similar areas of a yard shall be
maintained so as to afford safe passage under normal use and weather conditions.
9.2.
Accumulations of ice and snow shall be promptly removed from all main entrances
and exits of occupied buildings.
9.3.
Where buildings and property have been designated, designed, constructed or altered
for barrier-free access, every barrier-free path of travel and all barrier-free features
and equipment shall be installed in accordance with the Building Code, and shall be
maintained in good repair and shall function as designed.
10.
FENCES AND RETAINING WALLS
10.1. Fences shall be maintained in good condition and free from accident hazards. Fences
shall be reasonably plumb, unless specifically designed to be other than vertical.
10.2. Retaining walls shall be safe, structurally sound and plumb, and capable of performing
its intended function.
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The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
10.3. Where access is provided to the top edge of a retaining wall, a safety rail that is a
minimum of 900 mm (2ft 11in) in height shall be provided and maintained when the
difference in ground elevation exceeds 1.2 metres (3ft 11in).
11.
GARBAGE DISPOSAL
11.1. Every building and every unit within a building shall utilize sufficient receptacles or
garbage bags to contain all garbage and rubbish.
11.2. Outdoor garbage receptacles shall be:
(a)
Made of rigid, water tight construction;
(b)
Provided with a tight fitting cover; and
(c)
Maintained in a clean state.
11.3. Garbage and rubbish shall be promptly stored in receptacles and made available for
removal in accordance with City by-laws and all amendments thereto.
12.
SURFACE TREATMENT OF OUTDOOR PARKING AND STORAGE AREAS IN
INDUSTRIAL ZONES
12.1. The surfaces of open storage areas, off-street parking areas, loading and
maneuvering areas in industrial zones, must be surface treated so as to prevent the
raising of dust or loose particles.
12.2. All vehicular access thereto, including any primary means of vehicular access
connecting these areas with a street shall be paved with an asphaltic or concrete
surface, and in all cases, provisions shall be made for adequate drainage facilities.
13.
PEST PREVENTION
13.1. A building shall be kept reasonably free of rodents, vermin and insects at all times and
methods used for exterminating rodents or insects or both shall be in accordance with
the provisions of the Pesticides Act, R.S.O. 1990, c.P-11 and amendments thereto, and
all regulations passed pursuant thereto.
13.2. Openings and holes in a building, including chimneys, windows, doors, vents, holes for
pipes and electrical fixtures, cracks, and floor drains that might permit the entry of rodents,
vermin, insects, birds or other pests shall be screened or sealed as appropriate.
14.
FOUNDATIONS
14.1. Every building unless of the slab-on-grade type and except as provided in subsection
14.3 shall be supported by foundation walls or piers which extend below the frost line or
to solid rock. All footings, foundation walls, piers, and slabs-on-grade shall be of
concrete, masonry or other suitable material.
14.2. The foundation walls and the floors on grade shall be maintained in good repair and
structurally sound and where necessary shall be so maintained by shoring of the walls,
installing of foundation drains at the footing, tuckpointing, parging and dampproofing or
waterproofing the walls and floors.
14.3. Subsection 14.1 does not apply to accessory buildings, decks and as otherwise regulated
by the Building Code.
14.4. Every space below grade in a building shall be adequately drained.
15.
STRUCTURAL COMPONENTS
15.1. Every part of a building shall be maintained in a structurally sound condition so as to be
capable of sustaining safely its own weight and any additional load to which it may be
subject through normal use. Materials which have been damaged or show evidence of
rot or other deterioration shall be repaired or replaced.
15.2. The exterior of every building shall be free from loose, rotted, warped and broken
materials and objects. Such materials and objects shall be removed, repaired or
replaced.
15.3. All exterior surfaces shall be of materials which provide adequate protection from the
weather.
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By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
16.
ROOFS
16.1. A roof including the fascia board, soffit, cornice and flashing shall be maintained in a
watertight condition so as to prevent leakage of water into the building.
16.2. All roofs shall be maintained free from loose or unsecured objects or materials and free
from excessive or dangerous accumulations of snow, ice or both.
17.
EXTERIOR OF A BUILDING
17.1. The exterior walls of a building and its components shall be maintained so as to prevent
their deterioration due to:
(a)
weather; and
(b)
the entry of animals and insects.
17.2. The exterior walls of a building and its components shall be maintained by:
(a)
the painting, restoring or repairing of the fascia board, soffit, cornice, walls, coping
or flashing; and
(b)
the dampproofing of joints and of the walls themselves.
18.
GRAFFITI
18.1. Appropriate measures shall be taken to remove any objectionable markings, stains or
other defacement occurring on all property and, where necessary, to restore the
surface as near as possible, to its original condition.
19.
DOORS AND WINDOWS
19.1. Exterior windows, exterior doors and basement hatchways shall be maintained in
good repair so as to prevent the entrance of wind, rain or snow into the building.
19.2. Rotted or damaged doors, door frames, window frames, sashes and casings, weather
stripping, broken glass and defective door and window hardware shall be repaired or
replaced.
20.
DAMPNESS
20.1. The interior floors, ceilings and walls shall be kept free from dampness arising from the
entrance of moisture through an exterior wall or a roof, or through a floor on grade.
20.2. Every attic or roof space above an insulated ceiling shall be vented to the exterior in
accordance with the Building Code.
21.
STAIRS, PORCHES, BALCONIES AND DECKS
21.1. All interior and exterior stairs and all porches, balconies and decks shall be maintained
so as to be free of holes, cracks and other defects which may constitute possible accident
hazards and all treads, risers and walking surfaces must be uniform and any which show
excessive wear or are broken, warped or loose and all supporting structural members
which are rotted or deteriorated shall be repaired or replaced.
22.
GUARDS AND HANDRAILS
22.1. A handrail shall be installed and maintained in good repair on all stairs in accordance
with the Building Code.
22.2. Handrails shall be terminated in a manner that will not obstruct pedestrian travel or
create a hazard.
22.3. The open side(s) of a stair, balcony, deck, porch or landing shall be protected by a
guard in accordance with the Building Code.
23.
ELEVATORS
23.1. Elevators shall be properly maintained and kept in operation except for such
reasonable time as may be required to repair or replace them.
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By-law 2011-138
The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
24. WATER SUPPLY
24.1. Every building intended to be occupied by persons shall be provided with a safe and
adequate supply of potable running water from the municipal water supply system or
from a private source approved by the Medical Officer of Health.
24.2. Every kitchen sink, lavatory, bathtub or shower required by this By-law shall have an
adequate supply of hot and cold running water.
24.3. All hot water shall be supplied at a temperature of between 45°C and 49°C.
24.4. Adequate running water shall be supplied to every water closet.
25.
PLUMBING
25.1. All plumbing, drain pipes, water pipes and plumbing fixtures and every connecting line
to the sewerage system shall be maintained in good working order and free from leaks
and defects and all water pipes and appurtenances thereto shall be protected from
freezing.
25.2. All plumbing fixtures shall be connected to the sewerage system through water seal
traps and adequate vents.
26.
WASHROOM FACILITIES
26.1. All buildings provided with potable water shall contain plumbing fixtures as set out in
the Building Code.
26.2. The washroom shall be accessible from within the building and adequately enclosed
to provide privacy.
26.3. Where barrier-free washrooms have been required or provided, all features shall be
maintained including signage, grab-bars, special fixtures and door hardware as outlined
in the Building Code.
PART II
MAINTENANCE OF DWELLINGS AND DWELLING UNITS
27.
WALLS AND CEILINGS
27.1. Every wall and ceiling shall be maintained so as to be easily cleaned and shall be free
of holes, cracks, loose coverings or other defects.
27.2. Where dwelling units are separated vertically by dividing walls, such walls shall meet the
regulations set out in the Building Code.
28.
FLOORS
28.1. Every floor shall be reasonably smooth and level and be maintained so as to be free of
all loose, warped, protruding, broken or rotted boards which might cause an accident or
allow dirt to accumulate and all defective floors shall be repaired.
28.2. Where floor boards have been covered with linoleum or some other covering which has
become worn or torn so that it retains dirt or might cause an accident, the linoleum or
other covering shall be repaired, replaced or removed.
28.3. Every bathroom and washroom shall have a floor of water repellent construction with a
water resistant base moulding.
29.
BASEMENTS AND CRAWL SPACES
29.1. Basements which are served by a stairway or entrance leading from the dwelling or from
outside the dwelling shall have a concrete floor with a floor drain located at the lowest
point of the said floor and connected to an approved drainage system.
29.2. Basements or crawl spaces which are not served by a stairway may have a dirt floor,
provided it is covered with a moisture proof covering.
29.3. Where equipment requiring service such as plumbing, clean outs, traps and burners is
located in crawl spaces, an access way with a minimum area of 0.37 m2 (4 ft2) shall be
provided.
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The Corporation of the City of Barrie
Office Consolidation
Property Standards By-law
30.
CLEANLINESS
30.1. Every floor, wall, ceiling and fixture in a dwelling shall be maintained in a clean and
sanitary condition and the dwelling shall be kept free from rubbish or other debris.
31.
DOORS AND WINDOWS
31.1. In a dwelling unit all windows intended to be opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured.
31.2. Vertical sliding windows shall incorporate latching or automatic engaging devices to
restrict when engaged the opening of the operable sash to 100 mm (4 in) opening
space between the bottom sash rail and the sill.
31.3. Horizontal sliding windows shall incorporate latching or automatic engaging devices
to restrict when engaged the opening of the operable sash to a 100 mm (4 in) opening
space between the sash stile and jamb.
31.4. Vertical sliding windows shall be provided with two latching devices.
31.5. Horizontal sliding windows shall be provided with a single latching device.
31.6. The main frame members shall be designed to receive screens of a type intended for
use with the window.
31.7. Where screens are provided in a window or door, the screen shall be maintained in
good condition.
32.
KITCHEN, BATHROOM AND WASHROOM FACILITIES
32.1. Except as provided in subsection 32.2, every dwelling unit shall contain plumbing
fixtures consisting of at least:
(a)
a kitchen sink;
(b)
a water closet;
(c)
a lavatory; and
(d)
a bathtub or shower.
32.2. The occupants of more than one suite may share a water closet, lavatory, and bathtub
or shower provided:
(a)
not more than a total of eight (8) persons occupy both dwelling units; and
(b)
access to the fixtures can be gained without going through rooms of another
dwelling unit or outside the dwelling.
32.3. All household fixtures shall be installed and maintained in good working order and free
from defects and repaired or replaced as required.
33.
KITCHENS
33.1. Every self-contained dwelling unit shall contain a kitchen area equipped with a sink
served with hot and cold water, storage facilities, a counter-top work area and space for
a stove and refrigerator.
33.2. Every kitchen sink shall have a splash back and drain area of an impervious surface.
33.3. Every main cooking space shall have provided an adequate and approved energy
source.
33.4. Except as permitted by the Building Code, combustible framing, finishes and cabinets
located directly above a range shall be not less than 750mm (2ft 6 in) above the range
burners or elements.
34.
BATHROOMS AND WASHROOMS
34.1. All bathrooms and washrooms shall be located within and accessible from within the
dwelling.
34.2. All bathrooms and washrooms shall be fully enclosed so as to provide privacy for the
occupant.
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35.
VENTILATION
35.1. Except as provided for in subsection 35.2, every habitable room shall have an opening
or openings for natural ventilation to the exterior and such opening or openings shall
have a minimum aggregate unobstructed area of 0.3 m2 (3.2 ft2) and shall be located
in the exterior walls or through openable parts of skylights.
35.2. An opening for natural ventilation may be omitted from a room if mechanical ventilation
is provided, which is capable of changing the air at least once each hour.
35.3. Except as provided for in subsection 35.4, every bathroom or washroom shall be
provided with an opening or openings for natural ventilation located in an exterior wall
or through openable parts of skylights and all such openings shall have a minimum
aggregate unobstructed free flow area of 0.1 m2 (1.1 ft2).
35.4. An opening for natural ventilation may be omitted from a bathroom or washroom where
a system of mechanical ventilation has been provided, such as an electric fan with a
duct leading to outside the dwelling.
35.5. All systems of mechanical ventilation or air conditioning shall be maintained in good
working order.
35.6. Every basement and unheated crawl space shall be adequately vented to the outside air
by means of screened windows which can be opened or by louvers with screened
openings, the area of which shall be in accordance with the Building Code.
36.
HEATING SYSTEM
36.1. Every dwelling shall be provided with an approved heating system capable of maintaining
a room temperature of 20°C at 1.5 m (4 ft 11 in) above floor level and 1 m (3 ft 4 in) from
exterior walls in all habitable rooms, bathrooms and washrooms.
36.2. The heating system required by subsection 36.1 shall be maintained in good working
condition so as to be capable of heating the dwelling safely to the required standard.
36.3. No room heater shall be placed so as to cause a fire hazard to walls, curtains and
furniture, or to impede the free movement of persons within the room where the heater
is located.
36.4. Rigid connection shall be kept between all heating equipment, including cooking
equipment, burning any fuel and a chimney or flue.
36.5. Rigid connections shall be kept between all heating equipment, including cooking
equipment burning gaseous fuel, and the supply line, except that an approved flexible
connection, not more than 600 mm (23 5/8 in) long, may be installed to permit cleaning
behind a stove used for cooking.
36.6. A space which contains a heating unit shall have natural or mechanical means of
supplying sufficient combustion air.
36.7. Where a heating system or part of it or any auxiliary heating system burns solid or
liquid fuel, a place or approved receptacle for storage of the fuel shall be provided and
maintained in a convenient location at least 1.5 m (4 ft 11 in) from the furnace and
properly constructed so as to be free from fire or accident hazards.
36.8. Equipment burning fuel shall be properly vented to a duct leading to an adequate
chimney or a vent flue approved for that purpose.
36.9. Every chimney, flue pipe and flue shall be maintained so as to prevent gases from
leaking into the dwelling. Abandoned flues and chimneys shall be either removed or
maintained in a safe condition, including being adequately capped.
36.10. All flues shall be kept clear of obstructions, all open joints shall be sealed and all
broken and loose masonry shall be repaired.
36.11. Chimneys, flues and gas vents shall be installed and maintained so that under
conditions of use the temperature of any combustible material adjacent thereto,
insulated there from, or in contact therewith, does not exceed a temperature of
71°C.
36.12. Fireplaces and similar construction used or intended to be used for burning fuels in
open fires shall be connected to an approved chimney and shall be installed in
accordance with the regulations set out in the Building Code.
36.13. All heating equipment shall be installed to conform to the Building Code.
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37.
ELECTRICAL SERVICES
37.1. Electrical facilities complying reasonably with the requirements of the service provider
shall be provided for all residential accommodations.
37.2. The electrical wiring and all electrical fixtures located or used in a dwelling shall be
installed and maintained in good working order and in conformity with the Ontario
Electrical Safety Authority.
37.3. Every habitable room shall contain at least one electrical duplex convenience outlet
where the floor area does not exceed 11 m2 (118.4 ft2). For each additional 9 m2 (96.9
ft2) of floor area, one additional outlet shall be provided.
37.4. Fuses or overload devices shall conform to the Ontario Electrical Safety Authority.
37.5. Extension cords which are not part of a fixture shall not be permitted on a permanent
basis.
38.
LIGHT
38.1. Every dwelling shall be wired for electricity and lighting equipment shall be installed
throughout to provide illumination.
38.2. An electrical light fixture shall be installed in every bathroom, washroom, laundry room,
furnace room, kitchen, stairwell, and basement.
38.3. All public halls, stairs and outside entrances in multiple dwellings shall be adequately
lighted.
38.4. The provision of windows for natural light shall be provided as set out in the Building
Code.
38.5. Whenever walls or other portions of structures are located on the outside less than
900 mm (2 ft 11 in) from a window, such a window shall not be deemed to face directly
to the outside and shall not be included as contributing to the required minimum
window area of the room.
38.6. A barrier or deflector shall be provided to prevent lighting from shining directly into an
adjacent dwelling unit.
38.7. For the purpose of Section 38.6
"Directly or Directed" shall mean pointed or aimed into a window or doorway of an
adjacent dwelling but shall not include ambient illumination of the adjacent property
including the illumination of the interior of a dwelling on an adjacent property solely
by ambient means.
39.
OCCUPANCY STANDARDS
39.1. The maximum number of occupants in a dwelling unit shall not exceed one person per
9 m2 (96.9 ft2) of habitable room floor area.
39.2. For the purposes of computing the maximum number of occupants in subsection 39.1,
any child under one year of age shall not be counted, and any child of more than one
year of age but less than twelve years of age shall be deemed one-half person.
39.3. For the purpose of regulating and computing the habitable room floor space in
subsection 39.1, the regulations set out in the Building Code shall apply.
39.4. No basement shall be used as a habitable room unless, in addition to subsection 39.3,
it meets the following requirements:
(a)
Floor and walls are constructed so as to be impervious to leakage of underground
and surface runoff water and treated against dampness;
(b)
Each habitable room shall meet all requirements for light, ventilation, area and
ceiling height prescribed in this Bylaw or the Building Code; and
(c)
Access to each habitable room shall be gained without passage through a furnace
or boiler room.
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39.5. Subject to the provisions of any lease, occupants of dwellings shall:
(a)
Limit occupancy of that part of the premises which he/she occupies or controls to
the maximum number of occupants permitted by this By-law;
(b)
Maintain that part of the premises which he/she occupies or controls in a clean,
sanitary and safe condition;
(c)
Maintain all plumbing, cooking and refrigeration fixtures and appliances as well as
other building equipment and storage facilities in that part of the premises which
he/she occupies or controls in a clean and sanitary condition, and provide
reasonable care in the operation and use thereof;
(d)
Keep exits from his/her dwelling unit clean and unencumbered;
(e)
Dispose of garbage and refuse into provided facilities in a clean and sanitary
manner in accordance with the provisions of the City's by-laws; and
(f)
Exterminate insects, rodents or other pests within his/her dwelling unit.
PART III
ADMINISTRATION
40.
PROPERTY STANDARDS COMMITTEE
40.1. A Property Standards Committee shall be appointed by Council as follows;
(a)
shall consist of five resident Barrie ratepayers; and
(b)
shall serve a term that does not exceed the term of the Council.
40.2. The Property Standards Committee shall follow the Rules of Procedure as outlined in
Appendix "A" of this By-law.
40.3. PENALTY FOR NON-COMPLIANCE
Any Person who fails to comply with an Order that is final and binding is guilty of an
offence and upon conviction is liable to a fine pursuant to the Building Code Act, 1992,
S.O. 1992, c.23 as amended.
41.
VALIDITY
41.1. If any section of this By-law be declared by a Court of competent jurisdiction to be ultra
vires or illegal for any reason, the remaining parts shall nevertheless remain valid and
binding, and shall be read as if the offending section or part had been struck out.
42.
SERVICE FEES
42.1. That the municipal fees for the administration and enforcement of this By-law be in
accordance with the City's fees by-law and any revisions thereto.
43.
FORCE AND EFFECT
43.1. That this By-law shall come into force and effect upon the day of passing thereof.
READ a first and second time this 28th day of November, 2011.
READ a third time and finally passed this 28th day of November, 2011.
THE CORPORATION OF THE CITY OF BARRIE
"MAYOR J.R. LEHMAN"
________________________________________
MAYOR - J.R. LEHMAN
"DAWN A. MCALPINE"
________________________________________
CITY CLERK - DAWN A. MCALPINE
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APPENDIX "A"
The Corporation of the City of Barrie
Property Standards Committee
RULES OF PROCEDURE
To Govern the Proceedings of the City of
Barrie Property Standards Committee
BACKGROUND
The City has had a property maintenance standards By-law since 1976. The By-law has continued
to evolve and requires every property owner to maintain their property and buildings in good
condition.
To enforce the By-law, City Council has approved the hiring of staff to investigate complaints and
to require substandard properties to be brought into compliance.
In accordance with the Building Code Act, S. O. 1992, c. 23 a Property Standards Officer who finds
a contravention of the By-law can issue an order to the owner of the property and such other
persons affected by it.
An owner or occupant who has been served with an order and who is not satisfied with the terms
or conditions of the order may appeal to the Property Standards Committee by sending a notice of
appeal by registered mail to the secretary of the Committee within 14 days after being served the
order.
An order that is not appealed within the time referred to above shall be deemed to be confirmed.
This document is intended to establish rules of procedure for the Property Standards Committee to
carry out its duties.
1.
DEFINITIONS
1.1.
In these rules, unless the context requires otherwise:
(a)
"APPELLANT" means a person appealing an order thereof pursuant to the By-
law;
(b)
"BY-LAW " means the Property Standards By-law of the City, as amended;
(c)
"CHAIR" means the elected Chair of the Committee;
(d)
"CITY" means The Corporation of the City of Barrie:
(e)
"COMMITTEE" means the City's Property Standards Committee;
(f)
"HEARING" means a hearing in any proceeding of the Committee;
(g)
"IN-PERSON PROCEEDING" means an oral hearing at which the parties or
their counsel or agents attend in person before the Committee;
(h)
"PROPERTY STANDARDS UNIT" means the Property and Zoning Standards
Unit of the Inspections Branch of the Building Services Department of the City
of Barrie;
(i)
"PROCEEDING" means a matter brought before the Committee under the
provisions of the By-law or the Building Code Act S.O. 1992, C.23;
(j)
"QUORUM" means the majority of the members of the Committee are in
attendance and eligible to participate; and
(k)
"SECRETARY" means the Secretary for the Committee.
2.
INTERPRETATION
2.1.
These rules shall receive such fair and liberal interpretation as will best ensure the
most expeditious, just and least expensive determination of every proceeding on its
merits.
2.2.
Where matters are not provided for in these rules, the practice shall be determined by
the Committee hearing the proceeding.
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3.
APPLICATION
3.1.
These rules apply to all proceedings of the Committee in the exercise of its statutory
power of decision, as defined in the Statutory Powers Procedure Act, R.S.O. 1990,
c.S.22, as amended.
3.2.
These rules do not apply if a statute or the By-law provides for a different procedure
to govern proceedings of the Committee in the exercise of its statutory powers of
decision.
4.
FAILURE TO COMPLY
4.1.
Where a party to a proceeding has not complied in full with any rule, the Committee
may:
(a)
adjourn the proceeding until it is satisfied that such rule or order has been
complied with; or
(b)
take such other steps as it considers just and reasonable.
4.2.
No proceeding is invalid by reason only of a defect or other irregularity in form.
5.
APPEAL PERIOD
5.1.
Orders issued by a Property Standards Officer pursuant to subsections 15.2 (2) and
(3) of the Building Code Act may be served on the owner personally or by registered
mail. Where service is by registered mail, the service shall be deemed to have been
made on the fifth day after the day of mailing unless it can be proven to be later.
5.2.
The appellant of the order has 14 days after being served the order to send a notice
of appeal by registered mail to the Secretary.
6.
REQUEST FOR HEARING
6.1.
Where an appellant submits a notice of appeal and requests a hearing before the
Committee, the request for a hearing shall be in writing by registered mail or in person
to the Secretary and shall include:
(a)
an identification of the appellant and any other party;
(b)
the address, telephone number and, where available, e-mail address and
facsimile number for each person identified in clause (a), and their agents, if
any;
(c)
the name, address, telephone number and, where available, e-mail address
and facsimile number of any agent, representative, or lawyer representing the
appellant; and
(d)
whether special services or accommodation are required, including translation
services or services for the visually or hearing impaired.
6.2.
When a notice of appeal is received by the Secretary, he/she shall confirm that the
notice was sent within the allowed appeal period. Late notices are invalid and are
disqualified.
6.3.
The Secretary shall set the time and place of a hearing after consulting with the
Committee members and the appellant(s).
6.4.
Once a date has been set for a hearing, it may not be adjourned except by notification
of the Secretary. The reason for adjournment must be reasonable and justified.
6.5.
Notice of the hearing shall be sent by the Secretary in writing to all parties affected by
the order at least 14 days in advance of the hearing.
7. FAILURE TO ATTEND
7.1.
Where a person is properly notified of a hearing and does not attend at the time and
place appointed, the Committee may proceed in that person's absence and without
further notice to that person.
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8.
FILING
8.1.
Filing of any document, excluding the request for the appeal (see Procedure No. 6),
may be effected by personal delivery, by ordinary or registered mail, or otherwise as
the Committee may order, to the Secretary.
8.2.
Where a document is filed, the date of the receipt stamp on the document shall be
deemed to be the date of the filing, unless the Committee orders otherwise.
8.3.
Where the Committee or the Property Standards Unit has no record of the receipt of
a document alleged to have been filed, the documents shall be deemed not to have
been filed, unless the Committee orders otherwise.
9.
SELECTING A CHAIR AND A SECRETARY
9.1.
At the first meeting of the Committee's term, the members shall select a Chair from
among themselves. When the Chair is absent through illness or otherwise, the
Committee may appoint another member as Acting Chair.
9.2.
The Building Services Department shall provide a Secretary for the Committee.
9.3.
The Secretary shall keep on file records of all official business of the Committee,
including records of all applications and minutes of all decisions respecting these
applications.
10.
EXHIBITS
10.1. All parties to a hearing, particularly solicitors and agents, shall be required to bring to
the hearing a sufficient number of copies for Committee members and opposing
counsel of clear photos and/or other documents to be entered as evidence or exhibits.
11.
CONDUCT OF PROCEEDINGS
11.1. Proceedings may be conducted in person only.
11.2. An in-person proceeding shall be conducted in the following order of presentation,
unless the Chair directs otherwise:
(a)
The Chair shall call the meeting to order after confirming a quorum of the
Committee is present;
(b)
The Chair shall explain to those in attendance at the hearing the format of the
proceedings and the specific purpose of the hearing. The Chair should advise
those present that the Committee will only be considering the compliance and
non-compliance of a property or building with respect to the standards of the
By-law, and the time granted for compliance. All evidence should therefore be
restricted to these matters. The hearing is not for determining the resolution of
any landlord and tenant disputes;
(c)
The Chair shall solicit from those Committee members in attendance at the
hearing any conflicts of pecuniary interest or other interest in any matter on the
agenda for consideration;
(d)
The Property Standards Officer may make an opening address and, subject to
clause (e), shall then adduce evidence;
(e)
An appellant may make an opening address immediately after the opening
address of Property Standards Officer and before the Property Standards
Officer adduces any evidence;
(f)
When the evidence being called on behalf of the Property Standards Officer is
concluded, the appellant may make an opening address, unless he or she has
already done so pursuant to clause (e), and may then adduce his or her
evidence;
(g)
When the presentation of the evidence of the appellant is concluded, the
Property Standards Officer may adduce any proper reply evidence;
(h)
After all of the evidence has been adduced by all parties to the proceeding, the
Property Standards Officer may make a closing address, followed by the closing
address of the appellant, if he or she decides to do so; and
(i)
Where there are two or more appellants, the order of presentation shall be as
directed by the Chair.
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11.3. Unless these Rules provide otherwise, witnesses at a proceeding shall be examined
orally and the examination may consist of direct examination, cross-examination and
re-examination.
11.4. The Committee shall ensure that there is no undue harassment or embarrassment of
the witness as he or she is giving evidence and may disallow a question put to the
witness that is vexatious or irrelevant to any matter that may be properly inquired into
at the proceeding.
11.5. The Committee may at any time during a proceeding direct that a witness be recalled
for further examination.
11.6. Where a witness appears unwilling or unable to give answers to the questions being
posed, the Committee may permit the party calling the witness to examine him or her
by means of leading questions.
12.
COMMITTEE DECISIONS
12.1. Upon receiving all of the evidence, the Committee may adjourn (in camera) and make
a decision, and upon their return make their decision known to the affected parties.
12.2. The Committee may decide;
(a)
to uphold the order in whole or in part, with no additional time granted for
compliance;
(b)
to uphold the order in whole or in part with additional time granted for all or some
of the deficiencies to be complied with;
(c)
to remove any items from the order that have already been complied with, or
have been determined to be invalid;
(d)
to modify any items within the order in any manner seen fit by the Committee;
(e)
to quash the order, in whole or in part, based on any technical or procedural
error;
(f)
to defer a decision to a later date pending the receipt of additional information
from any party to the hearing; or
(g)
to reserve a decision to a later date pending further consideration by the
Committee of the evidence submitted at the hearing, at which time the decision
can be provided in writing to all parties to the hearing.
12.3. The Chair upon rendering the Committee's decision should inform the appellant of
their rights to appeal a decision of the Committee to a Judge of the Superior Court of
Justice pursuant to the Building Code Act.
12.4. The Secretary shall prepare a written record of the hearing including minutes of the
hearing and the decision (with conditions, if applicable).
12.5. The Secretary should arrange for the required signature(s) on the decision, prior to
mailing it to the appellant and providing a copy to the Property Standards Officer. The
Chair shall sign the decision on behalf of all Committee members present at the
hearing.
12.6. The Secretary shall send the decision to the appellant by registered mail.
13.
RIGHT TO APPEAL A COMMITTEE DECISION
13.1. The City or any owner or occupant or person affected by a decision under subsection
15.3(3.1) of the Building Code Act, may appeal to the Superior Court of Justice by
notifying the City Clerk of the City of Barrie in writing and by applying to the court,
within 14 days after a copy of the decision is sent.
14.
ORDER CONFIRMATION
14.1. An order that is deemed to be confirmed pursuant to subsection 15.3(2), of the
Building Code Act or that is confirmed or modified by the Committee under subsection
15.3(3), of the Building Code Act or a Judge under subsection 15.3(6), of the Building
Code Act as the case may be, shall be final and binding upon the owner and occupant
who shall carry out the repair or demolition within the time and manner specified in the
order.
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Amendments to Property Standards By-law 2011-138
By-law 2014-061
Section 6 Vacant and Derelict Buildings
June 2, 2014
By-law 2018-009
Property Standards Review
February 12, 2018
(amendments effective
May 1, 2018)
By-law 2025-072
Sections 5.5, 38.6, and 38.7
June 18, 2025