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THE CORPORATION OF THE TOWNSHIP OF BILLINGS
BY-LAW 2020-31
Being a bylaw for prescribing the standards for the maintenance and occupancy of property within the
Township of Billings; and for prohibiting the occupancy and use of such property below the standards
prescribed.
WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.0, 1992, c.23 authorizes the passing of a by-
law prescribing standards for maintenance and occupancy of property; and
WHEREAS Section 11 of the Municipal Act, 2001, $.0. 2001 c.25 (the “Municipal Act”) provides that a
municipality may pass by-laws in the interest of the health, safety and well being of its residents; and
WHEREAS Section 127 of the Municipal Act provides that a municipality may require the owners or
occupants of land to clean and clear land not including buildings, or to clear refuse or debris from land,
not including buildings; and
WHEREAS Section 131 of the Municipal Act provides that a municipality may prohibit and regulate the use
of land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging
parts from them for sale or other disposition; and
WHEREAS Section 446 (1) of the Municipal Act provides that a municipality may direct or require a person
to do a matter or a thing or the municipality may also provide that, in default of it being done by the
person directed or required to do it, the matter or thing shall be done at the person’s expense; and
WHEREAS Section 446 (3) of the Municipal Act provides that a municipality may recover the costs of doing
a matter or a thing under subsection (1) from the person directed or required to do it by action or by
adding the costs to the tax roll and collecting them in the same manner as property taxes;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BILLINGS HEREBY ENACTS
AS FOLLOWS:
1.0 DEFINITIONS
1.1 “Accessory Building” means a detached, subordinate Building not used for human
habitation, located on the same property as the main Building.
1.2 “Accessory Use” means a use customarily incidental to, subordinate to and exclusively
devoted to a principal use and located on the same lot.
1.3 “Approved” means acceptance by the Property Standards Officer and the Property
Standards Committee.
1.4 “Approved Sewage System” means the municipal sanitary sewage system or a private
sewage disposal system that consists of septic tank, treatment unit and /or a leaching
bed system approved by the Ministry of Environment or the Chief Building Officer.
1.5 ‘Barrier Free” means that a Building and its facilities can be approached, entered and
used by persons with physical or sensory disabilities.
1.6 “Basement” means any part of a Building, which is partially below grade, where the
vertical distance than the vertical distance from the grade to the ceiling next above.
1.7 “Building” means any structure having a roof, supported by columns or walls and used
for the shelter or accommodation of persons, animals, goods or materials. A deck or a
dock shall be included within the definition of Building.
1.8 “Building Code” means regulations enacted under section 34 of the Building Code Act,
1992 as amended.
1.9 “Cellar” means a story that is more than 50% below grade, as defined in Section 15 of
the Ontario Building Code.
1.10
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
“Chief Building Officer” means the Chief Building Official or designate, who is certified
by the OAPSO and duly appointed by the Council and having jurisdiction for the
enforcement of the Building Code Act.
“Corporation” means The Corporation of the Township of Billings.
“Council” means the Council of the Corporation of the Township of Billings.
“Derelict Building” shall mean:
a) a building that has been left vacant and/or neglected by the Owner for a period
of 180 days or more, or as determined by the Building Officer 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, a whole or in part for the purpose of human habitation.
‘Dwelling Unit” means one room or a group of rooms in a Building used or designed or
intended to be used by only one family as a single , independent and separate house
keeping establishment, in which food preparation and sanitary facilities are provided for
the exclusive use of such family, and which a private entrance from outside the Building
or from a common hallway or stairway inside the Building. For the purpose of this by-
law a Dwelling Unit does not mean or include a tent, or a room or suite of rooms ina
hotel, motel or tourist home.
“Exterior Property Area” means the Property excluding Buildings.
“Fire Resistance Rating” means the time as defined in the Building Code that a material
construction or assembly will withstand the passage of flame and transmission of heat
when exposed to fire under specified conditions of test and performance criteria.
“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.
“Garden” means a defined area of vegetation that has been deliberately planted or
cultivated with species of wild flowers, shrubs, perennials, ornamental grasses or
combinations of them, consistent with a managed landscape
“Grade” means:
a) the average elevation of the crown of the part of the street abutting the front
lot line. Where the elevation of a point on the Building located on the lot is
equal to the grade elevation, tat point is deemed to be “at Grade “and
b) Grade for an accessory Building means the average elevation of the finished
surface of the ground adjacent to the accessory building
“Ground Cover” means grass, weeds and other plant material but does not include
trees, hedges and shrubs.
“Guard” means a protective barrier installed around openings in floor areas, open sides
of stairways, landings, balconies, mezzanines, galleries or raised walkways, or other
locations as required to prevent accidental falls from level to another.
“Habitable Room” means a room in a Dwelling used or intended to be used primarily for
human occupancy for the purposes of living, sleeping, cooking or eating, but does not
include a bathroom, toilet room, serving or storage pantry, laundry and corridor.
“Heritage Attributes” means:
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1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
a) the attributes or features of Property, Buildings or Structures that contribute to
the property’s cultural heritage value or interest that are defined or described
or that can be easily inferred;
i) In a By-Law designating a Property passed under section 29 of the
Ontario Heritage Act and identified as heritage attributes, values,
reasons for designation, or otherwise;
ii) In a Minister’s order made under section 34.5 of the Ontario Heritage
Act and identified as heritage attributes, values, reasons for designation
or otherwise;
b) The elements, features or building components including roofs, walls floors,
retaining walls, foundations and independent interior structures and structural
systems that hold up, support or protect the heritage values and attributes
without which the heritage values may be at risk.
“Heritage Property” means real Property, and includes all Buildings and Structures
thereon, in the Township that:
a) has been designated by the Township under section 29 of the Ontario Heritage
Act or by the appropriate Minister under section 34.5 of the Ontario Heritage
Act, or,
b) Is within a heritage conservation district pursuant to Part V of the Ontario
Heritage Act.
“Hobby Vehicle” means a vehicle that is actively being repaired or restored as a hobby
for the Owner/Occupant of the Property; a race car, show car or similar vehicle that by
its special nature is not routinely used or licensed but is intended to show or display on
occasion.
“Inoperative Vehicle” means any unlicensed vehicle or any vehicle having missing parts,
including tires, damaged or missing glass or removed metal components which prevents
its mechanical function. This includes commercial and industrial vehicles and
equipment, snowmobiles, motorcycles, all terrain vehicles, trailers, boats, marine
equipment and trailers.
“Maintenance” means the preservation and keeping in good repair or Property and
Building.
“Means of Egress” means a continuous path of travel provided by a doorway, hallway,
exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of
persons from any point with a Building, Floor Area, room or contained open space to a
public thoroughfare or approved open space.
“Multiple Dwelling” means a Building which contains two or more Dwelling Units.
“Multiple Use Building” means a Building containing one or more Dwelling Units and
one or more non-residential uses.
“MLEO” means a Municipal Law Enforcement Officer appointed by the Council to
enforce Township by-laws.
“Major Recreational Equipment” means a portable Structure designed and built to be
carried by a motor vehicle, or a unit designed and built to be transported on its own
wheels for the purpose of providing temporary living accommodation and shall include:
motor homes, travel trailers, tent trailers, watercraft, watercraft trailers, or other similar
equipment.
“Motor Vehicle” means the same as the definition listed in the Highway Traffic Act.
“Non-Residential Property” means a Building or Structure or part of a Building or
Structure not occupied in whole or in part for the purpose of human habitation, and
1.37
1.38
1.39
1.40
1.41
1.42
1.43
1.44
1.45
1.46
a)
b)
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1.48
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1.52
1.53
including the lands and premises appurtenant thereto and all outbuilding fences or
erections thereon or therein.
“Non-Habitable Room” means any room in a Dwelling or Dwelling unit or other than
habitable room and includes a bathroom, toilet room, laundry, pantry, lobby,
communicating corridor, stairway, closet, boiler room, or other space for service and
maintenance of the Dwelling and for access to, and vertical travel between two storeys.
“Noxious Weeds” means any weed classed as noxious by the Weed Control Act, R.S.O
1990, C.W. 5 and Regulation 1096, R.R.O. 1990.
“Occupancy” means the use or intended use of a Building or a part thereof, for the
shelter or enclosure of persons, animals or Property.
“Occupant” means any Person, Persons over the age of 18 years in possession of the
Property.
“Officer” means a Property Standards Officer or other Officer who has been appointed
under section 4.3 of this by-law.
“Ontario Association of Property Standards Officers (OAPSO) means the organization
authorized by the Province to certify Property Standards Officers.
“Ontario Building Code (OBC)’ means the regulations made under section 34 of the
Building Code Act.
“Ontario Heritage Act” means the Ontario Heritage Act R.S.O. 1990, c.0.18 as amended.
“Order” means a written direction issued pursuant to the Building Code Act requiring
compliance with the standards prescribed by this By-Law, and “Orders” shall have a
corresponding meaning.
“Owner” Includes,
The Person for the time being managing or receiving rent of the land or premises in
connection with which the word is used, whether on the Persons own account or as an
agent or trustee of any other Person, or who would so receive the rent if such land were
let, and
A lessee or Occupant of the Property who under the terms of a lease, is required to
repair and maintain the Property in accordance with the standards for the maintenance
and Occupancy of Property;
“Part IV Heritage Property” means a Property designated under sections 29 and 34.5 of
the Ontario Heritage Act.
“Person” means an individual, corporation, partnership, bridge authority, agent or
trustee and the heirs, executors, administrators or other legal representatives of a
Person whom the context can apply according to law.
“Property” means a Building or Structure or part of a Building or Structure and includes
the lands and premises appurtenant thereto and all mobile homes, mobile structures,
out buildings, fences and erections thereon whether heretofore or hereafter erected,
and includes vacant Property.
“Repair” means the making of additions or alterations or the taking of such action as
may be required so that the Property may conform to the Standards established in this
By-Law and in conformity with all other legislation.
“Residential Property” means any Property that is used or designed for use asa
domestic establishment, in which one or more Person usually sleep, prepare and serve
2.0
3.0
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meals, and includes the lands or Buildings that are appurtenant to such establishment,
and all stairs, walkways, driveways, parking spaces and fences associated with the
Dwelling or its Yard.
“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.
“Sewage” means any liquid waste containing animal, vegetable or mineral matter in
suspension or solution but does not include roof drainage or other storm water runoff.
“Standards” means the standard of physical condition and of Occupancy prescribed for
Property by this By-Law in Schedule A.
“Storm Water” means discharge from a surface as a result of rainfall, snow melt and
snow fall.
“Structure” means anything constructed, placed or erected, the use of which requires
location on the ground or attached to something located on the ground.
“Sub-standard” means a quality less than that required by the By-Law.
“T.S.S.A” means the Technical Safety Standards Authority Act, $.0.2000c.16.
“Unsafe Condition” means any condition that could be hazardous to the health and
safety of any Person authorized or unauthorized on or about the Property.
“Vacant Building” means a Building which is neither used nor Occupied by the Owner or
tenant under a signed tenancy/lease agreement, for a period of more than 180 days but
does not include seasonal residences.
“Vehicle” means the same as defined by the Highway Traffic Act.
“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 Zoning By-Law.
ADMINISTRATION
2.1 This By-Law may be cited as the Property Standards By-Law.
2.2 This By-Law shall repeal By-Law 2011-12.
PROHIBITIONS
3.1 No Person shall use or Occupy, or permit the use or Occupancy of any Property that
does not conform to the Standards set out in Schedule “A” of this By-Law.
3.2 Garbage
3.2.1 No person shall store garbage and rubbish outdoors unless it is stored in a
sanitary manner in appropriate receptacles.
3.2.2. No person shall store rubbish, debris or other objects or allow conditions that
might create a health, fire or safety hazard in their yard.
3.2.3. No person shall keep stored building materials, waste building materials,
pallets, or other such materials stored in their yard in an unsightly and unsafe
manner and that is visible from a public roadway.
4.0
5.0
6.0
3.2.4 No person shail store putrescible garbage, dead animals, excrement, or other
matter that in the opinion of the Township, constitutes a health or safety
hazard on their property. The Owner will be notified to remove it immediately
and every Person shall comply with the Notice.
3.3 Yards (Including Vacant Lots)
3.3.1 No person shall store or keep wrecked, dismantled, inoperative or unused
(missing or expired license plates) vehicles, snowmobiles, motorcycles, trailers,
machinery, machinery parts or other unsightly items considered as junk on their
property. Such items shail only be kept in an establishment licensed or
authorized to conduct such a business. This does not preclude an Owner or
Occupant from repairing their own vehicle on their property, but not for
commercial purposes.
3.3.2 No person shall allow excessive growth of obnoxious weeds such as ragweed,
poison ivy, poison oak, hogweed, etc. (non-noxious plants or grasses may be
allowed to grow naturally, but not in a manner that is deleterious to
surrounding properties or creates hazardous roadway/traffic conditions).
3.3.3. No person shall allow yards and approach way areas, which do not constitute a
natural uncleared forest or brush area, to contain rotted or fallen trees, dead
brush or any such vegetation that may constitute safety hazard or shelter
vermin.
ADMINISTRATION
4.1 The Council of the Township and the administrative staff shall oversee the
administration and enforcement of the By-Law and to hear any Property Standards
Appeals.
4.2 The Township shall appoint a CBO to administer this By-Law.
ENFORCEMENT
5.1 This Bylaw shall be enforced by the Chief Building Official or the Bylaw Enforcement
Officer who have been appointed by Council.
5.2 Every person who contravenes any provisions of this Bylaw is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act R.S.O
1990, P. 33 as amended. (see “Schedule C”)
5.3 No person shall hinder or obstruct, or attempt to hinder or obstruct an officer who is
exercising a power or performing a duty under this Bylaw.
CERTIFICATE OF COMPLIANCE AND ORDER TO COMPLY
6.1
6.2
6.3
6.4
Following an inspection of a Property, the Officer may, upon identifying any violation of
any provision of this By-Law, administer a Notice of Non-compliance which details the
particulars of non-compliance. The Notice will be served to the Property Owner and/or
the Occupants of the Property.
The Notice of Non-compliance shall include the particulars of non-compliance, remedial
actions to be taken and a date for follow-up inspection.
If, after the follow-up inspection by the Officer, the Officer is not satisfied that the
conditions of compliance have not been met, the Officer may issue an Order to Comply
(see Schedule ‘A’).
The Order to Comply shall contain the following information:
6.4.1 The municipal address or legal description of the Property.
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8.0
9.0
6.5
6.6
6.7
6.4.2 The particulars of required repairs or that the site needs to cleared of Buildings,
structures, debris or refuse and if required that it be graded or levelled.
6.4.3. The time frame for complying with the terms and conditions of the Order.
6.4.4 That the Township may carry out the repair at the Owners expense and that
cost of repairs can/will be added to Property Owner’s property tax levy.
6.4.5 Anotice that the property owner has the option to appeal the order and that
the order includes a final date that an appeal can be filed.
The Order to Comply may be delivered personally or sent by registered mail to the last
known address of the Property Owner.
\f the Officer is unable to serve the Notice as listed in section 5.5, they shall place a
placard in a conspicuous place on the Property, this placard shall be deemed as a
sufficient notice or Order on the Property Owner or other Persons.
The Officer may register the Order with the Land Registry Office, and that this Notice
will serve as sufficient notice to any Person acquiring the Property. The Person(s)
acquiring the Property will be responsible for meeting all requirements of the Order.
APPEAL OF AN ORDER
7.1
7.2
7.3
When an Owner or Occupant is not satisfied with the terms or conditions of the Order,
he/she/they may appeal the Order to Property Standards Committee by sending a
Notice of Appeal to the CAO/Clerk by registered mail within 14 days after the service of
the Order.
Upon appeal, the Property Standards Committee has all of the powers and functions of
the Officer who made the Order and may:
7.2.1 Confirm, modify or rescind the Order to demolish or repair.
7.2.2 Extend the time to comply with the Order.
The Township in which the Property is located, or any Owner or Occupant of the
Property affected by a decision may make an appeal to the Superior Court of Justice by
notifying the CAO/Clerk in writing and by applying to the court within 14 days after a
copy of the decision is sent.
PENALTY
8.1
Every Person shall comply with an Order or Notice issued under the authority of this
Bylaw.
VALIDITY AND SEVERABILITY
9.1
9.2
If a court of competent jurisdiction should declare any section or part 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.
Where a provision of this by-law conflicts with the provision of another by-law that is in
force, the provisions that establish a higher standard to protect the health, safety and
welfare of the general public shall prevail.
This by-law shall come into force and take effect on the date of its passing.
Wn
Read a first, second and third time and enacted this 4 day of pugust , 2020
Sits weed
Kathy McDonald
CAO/Clerk
THE CORPORATION OF THE TOWNSHIP OF BILLINGS
BY-LAW 2020-31
Schedule ‘A’
1.0 STANDARDS FOR ALL PROPERTIES
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
Every Owner or Occupant of a Property shall maintain the Property or part thereof ina
clean sanitary and safe condition in accordance with this By-law.
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.
Accumulations or storage of garbage, refuse, appliances, or furniture by either Occupant
or Owner in a means of egress shall not be permitted.
Every part of a Property shall be maintained in a structurally sound condition so as to be
capable of sustaining its own weight, the loads due to 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.
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 thereof be examined by a professional engineer qualified to perform such
inspections and licensed to practice as an engineer in Ontario, at the owners expense,
and that a written report , which may include drawings detailing recommended
remedial work, be provided to the Officer.
In every Building or Structure, the foundation, piers, posts or other similar supports shall
be maintained in good repair and structurally sound. Where necessary, foundation walls
shall be extended below finish Grade, provided the subsoil drains at the footings and are
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.
All exterior walls shall be maintained in watertight condition and in good repair so that
they remain straight, level, and plumb (unless otherwise designed) presenting an
appearance that is uniform and neat in the opinion of the Officer and free from any
damaged or 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 a stains or other defacement occurring on the exposed finished
exterior surfaces and, where necessary, to restore the surface adjacent areas to, as near
as possible, their appearance before the staining or defacement occurred.
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 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 other such material are of appropriate thickness, have
sufficient structural support, and are installed so that no broken glass is visible for the
exterior of the building as well as replacing defective, damaged or missing hardware and
locking devices and sash controls as detailed in Section 9 of the Building Code.
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
10
All stairs porches and landings, loading docks, balconies, canopies, awnings, fire escapes
together with any Guard, balustrade, railing or screen or other appurtenance attached
thereto shall be maintained in good repair and in a safe and structurally sound condition
as detailed in Section 9 of the Building Code.
A handrail or a guard shall be provided and maintained in good repair as detailed in
Section 9 of the Building Code.
Where guards are to be installed, they shall be maintained in good repair and installed
as detailed in Section 9 of the Building Code.
All roofs, including chimneys, stacks, masts, lightning arresters, antennas, fascia, soffits,
flashings, solar panels 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 as
detailed in Section 9 of the Building Code.
Water runoff from roof surfaces shall discharge into an eavestrough or gutter and
thence a downpipe, discharging directly to Grade with an appropriate extension away
from the Building to prevent flooding, erosion and another nuisance to neighbouring
Properties. Discharge into the municipal storm system may be permitted by the
Township Building Official or his/her designate.
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 as detailed in Section 9 of the Building Code.
Every chimney, prefabricated chimney, smoke pipe, flue and gas vent in use or available
for use in a Building shall:
1.15.1 be of a type listed for the appliance for which it is being used, properly secured,
free from fire hazards and Unsafe Conditions;
1.15.2 be maintained so as to prevent the escape of combustion gases into the
Building;
1.15.3. be adequately supported as to maintain proper alignment;
1.15.4 be kept clear of obstructions;
1.15.5 be sealed at all joints or tightly sealed; or,
1.15.6 as detailed in Section 9 of the Building Code.
All fuel burning heating equipment shall:
1.17.1 be connected to a chimney or flue which vents to the exterior of the Building;
1.17.2 be furnished an adequate supply of combustion air to ensure proper
combustion of the appliance; and
1.17.3. be maintained in a good state of repair and in Safe Operating Condition as
detailed in Section 9 of the Building Code.
All water supply cross connection devices specifically designed as “Premise isolation”
or other testable devices located on a 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 of
backflow preventers, proof of testing shall be provided upon request by the Officer.
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
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1.20
1.21
1.22
1.23
1.24
1.25
1.26
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maintenance of a Private Sewage System shall include a) septic tanks b) leaching beds c)
dry wells as detailed in the Building Code.
Property shall be deemed to be serviced by an available Township/Municipal Sewer
System if the Sewer System is within 30.0 metres of any said Property abutting
municipal rights of way. In the event a Township/Municipal system becomes available,
the Property Owner will have one year to connect to the available system and
decommission the Private Sewage System as per section 1.23. The availability of the
Sewer will be determined by an engineer.
Backwater valves installed on buildings drains must be maintained to provide an
effective barrier to municipa! backups.
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 presented to the Officer. The tanks, treatment units or drywells
shall be disposed of to the satisfaction of the Officer, cavities 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.
A Vacant Building or Structure damaged by fire, storm or other causes, shall be repaired
to its original condition or demolished within 180 days of the issuance of an Order. Until
the necessary repair or demolition can be completed, the Building or Structure shall be
supported and barricaded to prevent fire hazards and Unsafe Conditions.
Every Building damaged by fire or storm, until repairs have been completed shall
effectively:
1.23.1 be protected against further risk of fire, or Unsafe Conditions,
1.23.2 be secured to prevent the entrance thereto of unauthorize persons, and
1.23.3 have the exterior of the Building envelope sealed with an appropriate material
to protect the interior from rain or snow or other environmental elements that
would cause the building to further deteriorate.
All materials used to board Vacant Buildings damaged by fire, storm or other causes,
shall be fitted tight plywood, composite panels or wood boards painted with an exterior
grade paint so that the colour compliments the Buildings exterior elements and is
acceptable to the Officer.
Where a Building or Structure is demolished:
1.25.1 The site shall be cleared of rubbish, debris, refuse, masonry, lumber and other
materials and left in a Graded and leveled condition.;
1.25.2 unless new construction is to commence immediately on the same footings
and/or foundation walls, the footings shall be removed unless authorized
and described on the demolition permit by the Officer.
1.25.3. only clean, inert, native material or granular material approved by the
Officer shall be used as backfill.
1.25.4 Building rubble including but not limited to, broken bricks and concrete,
shall not be acceptable as backfill.
1.25.5 Building services such as gas, electrical and water lines, sewer lines and
other such services, shall be properly abandoned per the engineers best
engineering practice standards and the authority having jurisdiction; and
1.25.6 the site shall be properly Graded, 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.
Where part of the 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
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
12
By-Law and the walls shall be finished with a parget 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 an 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.
All properties and every yard shall be kept clean and free from rubbish, brush or other
debris and from objects and conditions, such as holes or excavations that might create a
fire hazard or Unsafe Conditions;
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 include the provision
and maintenance of an effective system to cover, contain, screen and facilitate the
collection and removal of waste materials and debris.
Regarding Yard conditions
1.29.1 In Yards of multiple Dwellings and Non-Residential Properties, sufficient lighting
of exterior Property shall be provided to minimize any danger to persons using
walkway.
1.29.2 Artificial lighting standards and fixtures shall be kept in Safe Condition, in
working order and in good visual condition.
1.29.3 Walkways shall be maintained, resurfaced or re-graded as necessary to ensure a
reasonably smooth, slip free and safe surface for pedestrian traffic.
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 too neighbouring
properties.
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.
Existing barriers required for sound attenuation shall be maintained, safe, plumb, unless
designed otherwise and structurally sound.
All parking areas shall be maintained with a hard surface consisting of concrete, asphalt,
paving brick or block or similar material acceptable to the Officer that is free from
excessive cracks, pot holes, and delaminating;
Fire detection systems, fire alarm systems, standpipe and sprinkler systems, where
required, shall be maintained as detailed in Section 9 of the Building Code.
The integrity of all fire separations and associated smoke seals and fire stopping systems
shall be maintained as detailed in Section 9 of the Building Code.
Parking garages shall be in clean, structurally sound free from defects and in safe
condition and shall be provided with an effective fire separation system and barrier to
the passage of gas and exhaust fumes into any part of Building used or intended to be
used for human occupancy as detailed in Section 9 of the Building Code.
All existing barrier-free requirements shall be maintained in existing Buildings required
to be barrier free.
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:
1.39
1.40
1.41
1.42
1.43
1.44
1.45
13
1.38.1 medical and dental facilities with more than one doctor;
1.38.2 places of public assembly and occupancy including schools, colleges, universities
and places of instruction/training;
1.38.3 banks and other financial institutions;
1.38.4 restaurants with more than 60 seats;
1.38.5 rest homes and lodging homes, and
1.38.6 commercial occupancies including retail stores and offices, but limited to those
that are more than three storeys’ in height or more than six hundred square
metres.
Barrier free requirements shall not be required to exceed the Standards contained in
the Ontario Building Code.
A requirement of Section 1.38 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.
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 level and 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 grade level as
detailed in Section 9 of the Building Code.
A second means of egress shall not be required from any Dwelling Unit having a
separate or self-contained means of egress to the exterior of the Dwelling at or near
Grade level and a required means of egress shall not pass through an attached or built
in garage or an enclosed part of another unit as detailed in Section 9 of the Building
Code.
Every multiple 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 done in in
accordance of the provisions of the Pesticides Act, R.S.O. 1990, CHAPTER P. 11, as
amended, and all Regulations enacted pursuant thereto.
All equipment, components and supplies or replacement equipment must be Canadian
Standards Association approved or otherwise listed in a manner consistent with Ontario
Building Code as amended or other authority having jurisdiction.
Buildings identified by police services as illegal marijuana grow operations will require
the following:
1.45.1 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 spores and related air quality. The Owner will take 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 living environment have been attained at the
premises, to the satisfaction of the Officer.
1.45.2 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.
1.45.3 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.
2.0
3.0
14
SUPPLEMENTARY STANDARDS FOR NON-RESIDENTIAL PROPERTIES
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Every Owner or Occupant of a Property shall maintain the Property or part thereof they
Occupy or control as follows:
2.1.1 Inaclean, sanitary and Safe Condition, free from litter, garbage and debris,
including such litter and garbage as may be left by customers or the
general public and shall provide containers for the disposal of such litter
and garbage, and;
2.1.2 free from objects or conditions which create a fire hazard or Unsafe Conditions.
All non-residential properties shall be adequately ventilated by natural or mechanical
means on a continuous basis, in a safe 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 American National
Standards Institute/American Society of Heating, Refrigerating and Air Conditioning
Engineers. (ASHRAE) Standard 62.1.
In all parts of a Non-Residential Building, a minimum level of illumination of shall be
provided and maintained which will adequately protect all Persons within the Building
from Unsafe Conditions as detailed in Section 9 of the Building Code.
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 as detailed in Section 9 of the Building Code, and be capable of supplying
sufficient heat to maintain a minimum indoor temperature of 18 degrees Celsius during
hours of Occupancy.
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 an Officer upon request.
Plumbing systems, fixtures and appliances in all non-residential shall be maintained in
good working order, free from cross contamination potential, and free from leaks and
defects as detailed in Section 9 of the Building Code.
Where food is cooked, processed, or prepared for the public, all plumbing fixtures
located in the wash down area shall discharge through a grease interceptor which is
maintained in the most current edition of CAN/CSA Standard "Maintenance of Grease
Interceptors" detailed in Section 9 of the Ontario Building Code.
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 or as detailed in Section 9 of the Building Code.
In a Building used in part for Residential purposes, and in part for Non-Residential
purpose, wherein noxious fumes or gases are, or could be, present, all separations
between the non-residential 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 as detailed in Section 9 of
the Building Code.
SUPPLEMENTARY STANDARDS FOR RESIDENTIAL PROPERTIES
3.1
Every cabinet, cupboard, shelf and countertop in a Dwelling or Dwelling Unit shall be
maintained in a structurally sound condition, free from cracks and deterioration, large
holes, cracks, leaks, deteriorating material, visible mould and mildew and loose material
as detailed in Section 9 of the Building Code.
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
15
Water penetration related to any mould 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. If in the opinion of an
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, dealing with 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 the air quality levels consistent with a healthy
environment have been attained at the premises, to the satisfaction of the Officer.
Floors and finished flooring (including carpeting) shall be maintained in a structurally
sound condition and be free from any visible mould and mildew, holes, cracks or other
defects which may cause unsafe condition or trip hazard as detailed in Section 9 of the
Building Code.
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 opened from the inside without the use of specialized tools and
maintained in good repair. All materials in this section shall be to the satisfaction of the
Officer to provide an acceptable level of fire protection as detailed in Section 9 of the
Building Code.
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". Room temperature shall be as detailed in
Section 9 of the Building Code.
Heating systems, including stoves, heating appliances, fireplaces, chimneys, fans, pumps
and heating filtration equipment shall be maintained in a good state of repair and ina
safe operation condition as detailed in Section 9 of the Building Code.
No Dwelling Unit shall be equipped with portable heating equipment as the primary
source of heat.
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 as detailed in
Section 9 of the Building Code.
Every parking/storage garage serving a Residential use shall be provided with 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 as detailed in Section 9 of the
Building Code.
Unless specifically exempted under governmental regulations, every Dwelling and
Dwelling Unit shall be provided with at least a water closet (toilet), a wash basin, a
bathtub 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 the outside the room
in an emergency as detailed in Section 9 of the Building Code.
No toilet or urinal shall be located in a room used or intended to be used for sleeping or
preparing, consuming or storing of food.
3.12
3.13
3,14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
16
Hot water and cold water shall be provided in a capacity that will produce a flow in the
fixture that will flush the fixture and keep the fixture in a sanitary condition as detailed
in Section 9 of the Building Code.
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 as detailed in Section 9 of the
Building Code.
Every 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 use and intended use of the Building and such connections, circuits, wiring
and along with fuses, circuit breakers and other appurtenances thereto shall be installed
and maintained;
3.15.1 In compliance with respective requirements of the Electrical Safety Code and
the Ontario Building Code;
3.15.2. In good working order and repair, and
3.15.3 Ina safe condition.
In Multiple Dwellings where a voice communication system between each Dwelling 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.
Adequate artificial lighting shall be available at all times, in all Habitable Rooms,
common rooms, means of egress, exits and corridors as detailed in Section 9 of the
Building Code.
Every habitable room in a Dwelling, except a kitchen, shall maintain an outside window
or windows which shall be maintained in good repair as detailed in Section 9 of the
Building Code
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
In lieu of the natural ventilation, acceptable mechanical ventilation directly to the
exterior shall be permissible as detailed in Section 9 of the Building Code.
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.
In Dwellings, every laundry room, garbage room, corridor, boiler room, storage room
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 as detailed in Section 9 of the Building Code.
The maximum number of Persons residing in a Dwelling Unit shall not exceed one
person for every 9 metres of Habitable Room Floor Area.
A room used for sleeping purposes shall be of the correct size for the number of persons
using the room for sleeping purposes as detailed in Section 9 of the Building Code.
No Basement or Cellar portion thereof shall be used as a Dwelling Unit or Habitable
Rooms of a Dwelling Unit, unless it meets the requirements in Section 9 of the Building
Code
4.0
5.0
3.25
3.26
17
Every Dwelling Unit shall be equipped with an approved smoke alarm(s) conforming to
the details of Section 9 Building Code.
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 to the most current edition of the CAN/CSA and US UL Standard as listed in
Section 9 of the Building Code.
ADDITIONAL REQUIREMENTS FOR VACANT BUILDINGS
4.1
4.2
4.3
4.4
AS
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) ensure that all utilities serving the Building, which are not required for
safety and 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 condition that would allow such pests to harbour
in or about the building; and,
Additional Requirements for Vacant Non-Residential Buildings
4.2.1. The Owner of a Non-Residential Vacant Building shall keep the Property free of
conditions that promote the infestation of birds.
Additional Requirements for Vacant Residential Buildings
4.3.1 Despite any other provision of this By-Law, where in the opinion of the Officer a
Vacant Residential Property can be repaired, the Building shall be repaired;
a) As soon as 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.
Clearing and Leveling of Vacant Residential Buildings
4.4.1 Despite any other provision of this By-Law an Officer may issue an Order
directing the Owner too demolish a Derelict or Vacant Residential Building.
Clearing and Leveling of Vacant Non-Residential Buildings
4.5.1 Despite any other provision of this By-Law an Officer may issue an Order
directing the Owner to demolish a Derelict or Vacant Non-Residential Building.
SUPPLEMENTARY STANDARDS FOR HERITAGE PROPERTIES
5.1
5.2
General
5.1.1 Inaddition to the Minimum Standards for the Maintenance and Occupancy of
Property set out elsewhere in this By-Law, the owner pf a Part IV Heritage
Property shall:
a) Maintain, preserve and protect the attributes of the Part IV Heritage
Property so as to Maintain its heritage character as well its visual and
structural heritage integrity;
b) Maintain the Part IV Heritage property in a manner that will ensure the
protection and preservation of its heritage values and attributes; and,
c) Obtain a Heritage Permit from Council or where applicable Council’s
designate prior to performing work or causing work to be performed
under this section of the By-Law.
Repair of Heritage Attributes
5.2.1 Despite any provision of this By-Law, where a Heritage Attribute of Part IV
Heritage Property can be repaired the Heritage Attribute shall be repaired:
5.3
5.4
5.5
b)
c)
18
In such a manner that minimizes damage to the Heritage Values and
Attributes and Maintains design, colour, texture, grain or other
distinctive features of the Heritage Attribute;
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,
When the same type 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 their designate.
Replacement of Heritage Attributes
5.3.1 Despite any provision in this By-Law, where a heritage attribute of a Part IV or V
Heritage Property cannot be repaired, the Heritage Attribute shall be replaced:
a)
b)
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,
Where the same 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 may be used.
Alteration or Demolition of Heritage Properties
5.4.1 Despite any other provision of this By-Law or the Ontario Heritage Act, no
Building or Structure located on a Part IV or V Heritage Property may be altered,
demolished, removed or relocated except in accordance with the Ontario
Heritage Act.
Vacant Heritage Properties
5.5.1 Notwithstanding;
a)
b)
f)
Where a Part IV Heritage Property remains Vacant for a period of more
than 90 days, the Owner shall ensure that the appropriate utilities
serving the Building are connected as required to provide, Maintain, and
monitor proper heating and ventilation to prevent damage to the
heritage attributes.
The Owner of a Part lv Heritage Property shall protect the Building and
Property against the risk of fire, storm, neglect, intentional damage or
other damage by other causes by effectively preventing the entrance of
the elements, Unauthorized Persons or the infestation of pests by
boarding up and securing any openings to the Building in the following
manner:
Ajl boards shall be installed from the exterior and shall be fitted ina
watertight manner a so all exterior trim and cladding remains
uncovered and undamaged by the boarding.
All boards shall be fastened securely that minimizes damage to the
Heritage Attributes;
all boards shall be painted in a manner to reflect panes of glass, frames
and mullions that were to be found on the opening that is being
boarded over or the panes of glass shall be painted in matte black and
the window frames and mullions shall be painted in a colour that of the
original opening.
All boards used for boarding and securing openings not located ina
window or door opening shall be painted or otherwise treated so that
the blends with the exterior of the Building or the structure.
THE CORPORATION OF THE TOWNSHIP OF BILLINGS
BY-LAW 2020-31
Schedule ‘B’
Part | Provincial Offences Act
BY-LAW 2020-31: Being a bylaw for prescribing the standards for the maintenance and occupancy of
property within the Township of Billings; and for prohibiting the occupancy and use of such property
below the standards prescribed.
Item Short Form Wording Provision creating or defining Set Fine
offence
1 Use or occupy non-conforming 3.1 $300.00
property.
2 Permit the use or occupancy of non- 3.1 $300.00
conforming property
3 Improperly stored rubbish or garbage. 3.2.1 $200.00
4 Stored rubbish or garbage creating 3.2.2 $200.00
safety hazard.
S Stored building materials, waste 3.2.3 $200.00
materials visible from roadway
6 Stored putrescible garbage, dead 3.2.4 $200.00
—_ animals or excrement.
7 Storage of wrecked, inoperative 3.3.1 $200.00
vehicles or equipment.
8 Allow excessive growth of noxious 3.3.2 $200.00
plants |
9 Allow bush area to be a safety hazard. 3.3.3 $200.00
10 Hinder or obstruct an officer 5.3 $500.00
11 Attempt to hinder or obstruct an 5.3 $500.00
officer | |
12 Fail to comply with an order/notice | 8.1 $1000-08 | $ 5oe ‘O00
Note: The penalty provision for the offences indicated above is section 5.2 of Bylaw 2020-31, a _
certified copy of which has been filed. EFF) i
Pcs / SL A A 4