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THE CORPORATION OF THE
TOWNSHIP OF BLANDFORD-BLENHEIM
BY-LAW NUMBER 1431-2004
Being a By-law to regulate minimum standards for maintenance and
occupancy for all properties in the Township of Blandford-Blenheim.
WHEREAS under Section 15.1(3).of the Building Code Act, S.O. 1992,
c.23, and amendments thereto, a by-law may be passed by the Council of a
municipality prescribing the standards for the maintenance and occupancy of
property within the municipality provided the Official Plan for the municipality
includes provisions relating to property conditions;
AND WHEREAS the Official Plan pertaining to The Township of
Blandford-Blenheim includes provisions relating to property conditions;
AND WHEREAS the Council of The Corporation of the Township of
Blandford-Blenheim is desirous of passing a by-law under Section 15.1(3) of the
Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992,
c.23 requires that a by-law passed under Section 15.1(3) of the Building Code
Act, S.O. 1992, c.23 shall provide for the establishment of a Property Standards
Committee;
NOW THEREFORE the Council of The Corporation of The Township of
Blandford-Blenheim hereby enacts the following:
ARTICLE I
SHORT TITLE
1.1
Citation
This Bylaw may be cited and known as the "Property Standards By-law".
ARTICLE 2
DEFINITIONS
In this by-law:
2.1 "Accessory Building" means a detached building or structure, not used for
human habitation, that is subordinate to the primary use of the same property.
2.3 "Approved" means acceptance by the Property Standards Officer.
2.4 "Basement" means that space of a building that is partly below grade
which has half or more of its height, measured from floor to ceiling above the
average exterior finished grade.
2.5 "Cellar" means that space of a building that is partly or entirely below grade
which has more than half of its height, measured from floor to ceiling below the
average exterior finished grade.
2.6 "Committee" means the Township of Blandford-Blenheim Property
Standards Committee.
2.7 "Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied in whole or in part for the purpose of
human habitation.
2.8 "Dwelling Unit" means a room or a suite of rooms operated as a
housekeeping unit used or intended to be used as a domicile by one or more
persons and supporting general living conditions usually including cooking,
eating, sleeping, and sanitary facilities.
2.9 "First Storey" means that part of a building having a floor area closest to
grade with a ceiling height of more than 1.8 metres (6 feet) above grade.
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that
a by-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall provide
for the establishment of a Property Standards Committee;
Better wording of this section of the By-law would be:
AND WHEREAS Section 15 of the Building Code Act, S.O. 1992, c. 23, and
amendments thereto, specifically Section 15.6 - (1 j, and amendments thereto, requires that a
by-law passed under Section 15 of the Act shall provide for the establishment of a Property
Standards Committee;
Property Standards
By-law No. 1431-2004
2.10 "Guard" means a protective barrier installed around openings in floor
areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a
gallery, a raised walkway, and other locations as required to prevent accidental
falls from;one level to another. Such barriers may or may not have openings
through them.
2.11 "Habitable Room" means any room in a dwelling unit used for or capable
of being used for living, cooking, sleeping or eating purposes.
2.12 "Means of Egress" means a continuous, unobstructed path of travel
provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby,
stair, ramp, or other exit facility used for the escape of persons from any point
within a building, a floor area, a room, or a contained open space to a public
thoroughfare or an approved area of refuge usually located outside the building.
2.13 "Non-Habitable Room" means any room in a dwelling or dwelling unit
other than a habitable room and includes a bathroom, a toilet room, laundry,
pantry, lobby, corridor, stairway, closet, boiler room, or other space for service
and maintenance of the dwelling for public use, and for access to and vertical
travel between storeys, and basement or part thereof which does not comply
with the standards of fitness for occupancy set out in this By-Law.
2.14 "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 includes the lands and premises appurtenant and all of the
outbuildings, fences or erections thereon or therein.
2.15 "Occupant" means any person or persons over the age of 18 years in
possession of the property.
2.16 "Owner" includes,
a) the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other person, or who would so
receive the rent if such land and premises were let, and
b) a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the standards
for the maintenance and occupancy of the property.
2.17 "Person" means an individual, firm, corporation, association or
partnership.
2.18 "Property" means a building or structure or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected, and includes vacant property.
2.19 "Property Standards Officer" means the Chief Building Official and all
Inspectors who may from time to time be appointed by the Council of The
Corporation of the Township of Blandford-Blenheim to administer and enforce
this bylaw.
2.20 "Residential Property" means any property that is used or designed for
use as a domestic establishment in which one or more persons usually sleep
and prepare and serve meals, and includes any lands or buildings that are
appurtenant to such establishment and all stairways, walkways, driveways,
parking spaces, and fences associated with the dwelling or its yard.
2.21 "Repair" includes the provision of facilities, the making of additions or
alterations or the taking of any other action that may be required to ensure that
a property conforms with the standards set out in this bylaw.
2.22 "Standards" means the standards of the physical condition and of
occupancy prescribed for property by this By-Law.
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By-law No. 1431-2004
2.23 "Toilet Room" means a room containing a water closet and a wash basin.
2.24 "Yard" means the land other than publicly owned land around or
appurtenant to the whole or any part of a residential or non-residential property
and used or capable of being used in connection with the property.
ARTICLE 3
GENERAL STANDARDS FOR ALL PROPERTY
3.1
Application - all property - within boundaries
The provisions of this By-law shall apply to all properties within the
boundaries of The Corporation of the Township of Blandford-Blenheim.
3.2
Property - buildings - use - conformity - required
No property within the Township of Blandford-Blenheim shall be used
and no building or structure shall be erected, altered, enlarged,
maintained or used for any purpose except in conformity with the
provisions of this By-law.
3.3
Use - building - non-conforming property - prohibited
No person shall use or permit anyone to use or occupy or, being the
owner thereof or his/her agent, shall allow to be used or occupied, any
building on any property unless the property conforms to the standards
prescribed by this By-law.
3.4
Hazards - accidents - prevented
All properties shall be maintained so as not to create a health, fire or
accident hazard.
3.5
Conditions hazardous - prohibited
All properties shall be maintained free from conditions that may create a
health, fire or accident hazard.
3.6
Workmanship - compliance to codes
All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall
conform to the Ontario Building Code, Ontario Fire Code and the Fire
Prevention and Protection Act where applicable.
3.7
Yards - clean -free from rubbish - hazards
Every yard, including vacant lots, shall be kept clean and free from:
(1)
rubbish or debris and objects or conditions that may create a
health, fire, or accident hazard;
(2)
wrecked, dismantled, discarded, abandoned, non-operative or
unlicensed machinery, vehicles, trailers or boats;
unlicensed and
operable vehicles are permitted to be stored only for the purposes of
display for sale associated with any lawful car dealership.
(3)
long grass, brush, undergrowth and noxious weeds as defined by
the Weed Control Act,
(4)
untrimmed hedges - hedges shall be kept trimmed and made to
comply with any by- law of the Corporation in effect from time to time.
(5)
grass or weeds to a height in excess of twenty centimeters (20
cm) except for property undergoing a naturalization program that has
a naturalization
plan approved by the Community Services
Department.
(6)
dilapidated, collapsed or partially constructed structures which are
not currently under construction;
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By-law No. 1431-2004
(7)
injurious insects, termites, rodents, vermin or other pests; and
(8)
dead, decayed or damaged trees or other natural growth.
3.8 Surface conditions - free from hazards
Surface conditions of yards shall be maintained so as to:
(1)
prevent ponding of storm water when such water constitutes a
health or accident hazard, except for the ponding of water for
stormwater management when approved by the Drainage
Superintendent;
(2)
prevent instability or erosion of soil;
(3)
prevent surface water run-off from entering basements;
(4)
be kept free of abandoned excavations;
(5)
not exhibit an unsightly appearance;
(6)
be kept free of garbage and refuse;
(7)
be kept free of deep ruts and holes;
(8)
provide for safe passage under normal use and weather
conditions, day or night; and
(9)
not to create a nuisance to other property.
SEWAGE AND DRAINAGE
3.9 Sewage shall be discharged into the sewage system.
3.10 Sewage or septic tank effluent of any kind shall not be discharged onto the
surface of the ground, whether into a natural or artificial surface drainage
system or otherwise.
3.11 Roof drainage shall not be discharged directly onto sidewalks, stairs, or
adjacent property.
PARKING AREAS, WALKS AND DRIVEWAYS
3.12 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone or gravel and shall be kept in
good repair free of dirt and litter.
3.13 Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
3.14 Accessory buildings, fences and other structures appurtenant to the
property shall be maintained in structurally sound condition and in good repair.
3.15 Accessory buildings, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other suitable preservative and shall be of uniform colour
unless the aesthetic characteristics of said structure are enhanced by the lack
of such material.
3.16 The drainage from a privately owned outdoor swimming pool from a
backwash cycle or a winterization shall not be directed to adjacent properties.
3.17 The occupant of a residential property may provide for a compost heap in
accordance with any health regulations, provided that the compost pile is no
larger that two square metres and 1.5 metres in height and is enclosed on all
sides by concrete block, lumber, or a commercial plastic enclosed container
designed for composting or other method approved by the Township Engineer.
Property Standards
By-law No. 1431-2004
ARTICLE 4
RESIDENTIAL STANDARDS GENERAL CONDITIONS
4.1 Every tenant, or occupant or lessee of a residential property shall maintain
the property or part thereof and the land which they occupy or control in a
clean, sanitary and safe condition and shall dispose of garbage and debris on a
regular basis, in accordance with municipal by-laws.
4.2 Every tenant, or occupant or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture under their control, including hallways,
entrances, laundry rooms, utility rooms, and other common areas, in a clean,
sanitary and safe condition.
4.3 Accumulations or storage of garbage, refuse, appliances, or furniture in a
means of egress shall not be permitted.
PEST PREVENTION
4.4 Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act.
4.5 Openings, including windows, that might permit the entry of rodents,
insects, vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
4.6 Every part of a dwelling shall be maintained in a structurally sound condition
so as to be capable of safely sustaining its own weight load and any additional
load to which it may be subjected through normal use, having a level of safety
as required by the Ontario Building Code.
4.7 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
4.8 Materials which show evidence of damage, rot or other deterioration shall
be repaired or replaced.
FOUNDATIONS
4.9 Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and moisture. Maintenance includes installing sub
soil drains, where necessary, at the footings, grouting masonry cracks, damp-
proofing and waterproofing walls, joints, and floors.
4.10 Every dwelling shall be supported by foundation walls or piers which
extend below the frost line.
EXTERIOR WALLS
4.11 Exterior walls of a dwelling and their components, including soffits, fascia,
cladding and trim shall be maintained so as to prevent the entrance of moisture
and their deterioration due to weather, insects or rodents and shall be so
maintained by the painting, restoring or repairing of the walls, coping or
flashing, by the waterproofing of joints of the walls themselves.
4.12 Exterior walls shall be free from broken or loose masonry units, stucco,
and other defective cladding.
4.13 All exterior walls shall be maintained with the existing insulation levels or
as approved by the Property Standards Officer.
4.14 Exterior walls of a dwelling and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
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By-law No. 1431-2004
WINDOWS AND DOORS
4.15 Windows, doors, skylights, and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draft-free, to prevent
heat loss and infiltration by the elements. Maintenance includes painting,
replacing damaged doors, frames and other components, window frames,
sashes and casings, replacement of non-serviceable hardware and reglazing
and caulking where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
4.16 All windows that are intended to be opened and all exterior doors shall
have suitable hardware so as to allow locking or otherwise securing from inside
the dwelling unit. At least one entrance door to a dwelling unit shall have
suitable hardware so as to permit locking or securing from either inside or
outside the dwelling unit.
4.17 Solid core or steel doors shall be provided for all entrances to dwellings
and dwelling units.
4.18 In residential buildings where there is a voice communication unit working
in conjunction with a security locking and release system controlling a particular
entrance door and installed between individual dwelling units and a secured
entrance area, the said system shall be maintained in good working order at all
times.
4.19 Every window in a dwelling unit that is located above another suite shall be
equipped with an approved safety device capable of controlling the free
swinging or sliding of the openable part of the window so as to limit any clear
unobstructed opening to not more than 100 mm (4 inches) measured either
vertically or horizontally where the other dimension is greater than 380 mm (15
inches) unless the window is adjacent to a balcony, protected by a guard or is
less than 1.8 m (5 ft 11 inches) above ground level. Such safety device shall
not prevent the window from being fully opened during an emergency situation
by an adult without the use of tools.
4.20 Doors located within required fire separations shall be minimum 1-3/4 inch
solid core wood door or be labeled with a minimum 20 minute fire resistance
rating by an authorized testing agency.
ROOFS
4.21 Roofs of dwellings and their components shall be maintained in a weather
tight condition, free from loose or unsecured objects or materials.
4.22 The roofs of dwellings and accessory buildings shall be kept clear of
unsafe accumulations of ice or snow or both.
4.23 Where eaves-troughing or roof gutters are provided, they shall be kept in
good repair, free from obstructions and properly secured to the building.
4.24 All roof areas shall be maintained with the existing insulation levels or as
approved by the Property Standards Officer.
WALLS, CEILINGS AND FLOORS
4.25 Every wall, ceiling and floor in a dwelling shall be maintained so as to
provide a continuous surface free of holes, cracks, loose coverings or other
defects. Walls surrounding showers and bathtubs shall be impervious to water.
4.26 Every floor in a dwelling shall be reasonably smooth and level and
maintained so as to be free of all loose, warped, protruding, broken, or rotted
boards or other material that might cause an accident or allow the entrance of
rodents and other vermin or insects. Dirt floors in basement or crawl spaces
shall be protected by minimum 6 mil polyethylene or 2 inch concrete mudcoat.
Property Standards
By-law No.1431-2004
4.27 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry
room shall be maintained so as to be impervious to water and readily cleaned.
4.28 Walls and ceilings forming part of an assembly required to be a fire
separation under the Ontario Building Code or Ontario Fire Code shall be
maintained and repaired if required to provide the existing level of fire resistive
protection.
4.29 Wall and ceiling finishes forming the exposed surface in required exits and
public corridors shall have a flame spread rating of 150 or less.
STAIRS, PORCHES AND BALCONIES
4.30 Inside and outside stairs, porches, balconies and landings shall be
maintained so as to be free of holes, cracks, and other defects, which may
constitute accident hazards. Existing stair treads or risers that show excessive
wear or are broken, warped or loose and any supporting structural members
that are rotted or deteriorated shall be repaired or replaced.
4.31 A guard shall be installed and maintained in good repair on the open side
of any ramp or interior stairway containing more than two (2) risers except for
stairs leading to unfinished basements and on any exterior stair containing
more than six (6) risers and on any porch, deck, landing or balcony where there
is a difference in elevation between adjacent surfaces of 600 mm (24"). A
handrail shall be installed and maintained in good repair on all interior stairs
having more than two risers and on all exterior stairs having more than three
risers.
4.32 All guardrails and handrails shall be rigid and shall not deflect or move
when subjected to a lateral force by a person.
KITCHENS
4.33 Every dwelling shall contain a kitchen area equipped with:
(a)
a sink that is served with hot and cold running water and is
surrounded by surfaces impervious to grease and water;
(b)
suitable storage area of not less than 0.23 cubic metres (8 cubic
feet);
(c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4
ft) in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable; and
(d)
a space provided for cooking and refrigeration appliances
including the suitable electrical or gas connections.
4.34 Combustible material directly above the location of a stove shall be not
less than 750 mm (2 ft 6 in) above the level of the stove elements.
TOILET AND BATHROOM FACILITIES
4.35 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin, and a bathtub or suitable shower unit.
Every washbasin and bathtub or shower shall have an adequate supply of hot
and cold running water. Every water closet shall have a suitable supply of
running water.
4.36 Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provided with a door capable of
being locked so as to allow privacy for the persons using said room.
4.37 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate
entrance shall be provided from a common passageway, hallway, corridor or
other common space to the room or rooms containing the said facilities.
Property Standards
By-law No. 1431'-2004
PLUMBING
4.38 Each washbasin, bathtub or shower, and one kitchen sink shall be
equipped with an adequate supply of hot and cold running water. Hot water
shall be supplied at a temperature of not less than 43 degrees Celsius (110° F).
4.39 Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
4.40 All plumbing, including drains, water supply pipes, water closets 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.
4.41 All plumbing fixtures shall be connected to the sewerage system through
water seal traps.
4.42 Every fixture shall be of such materials, construction and design as will
ensure that the exposed surface of all parts are hard, smooth, impervious to hot
and cold water, readily accessible for cleansing and free from blemishes,
cracks, stains, of other defects that may harbour germs or impede thorough
cleansing.
4.43 All sanitary facilities shall be connected to the municipal sanitary sewerage
system or a system approved by the Medical Officer of Health and maintained
in good working order.
ELECTRICAL SERVICE
4.44 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
4.45 The electrical wiring, fixtures, switches, receptacles, and appliances
located or used in dwellings, dwelling units and accessory buildings shall be
installed and maintained in good working order so as not to cause fire or
electrical shock hazards. All electrical services shall conform to the regulations
established by the Power Corporations Act, as amended.
4.46 Every habitable room in a dwelling shall have at least one electrical duplex
outlet for each 11.1 square metres (120 sq. ft.) of floor space and for each
additional 9.3 square metres (100 sq. ft.) of floor area, a second duplex outlet
shall be provided. Extension cords shall not be used on a permanent basis.
4.47 Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non- habitable work or storage room shall be provided
with a permanent light fixture.
4.48 Lighting fixtures and appliances installed throughout a dwelling unit,
including hallways, stairways, corridors, passage ways, garages and
basements, shall provide sufficient illumination so as to avoid health or accident
hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
4.49 Every dwelling and building containing a residential dwelling unit or units
shall be provided with suitable heating facilities capable of maintaining an
indoor ambient temperature of 20 degrees Celsius (68.5° F.) in the occupied
dwelling units. The heating system shall be maintained in good working
condition so as to be capable of safely heating the individual dwelling unit to the
required standard.
4.50 All fuel burning appliances, equipment, and accessories in a dwelling shall
be installed and maintained to the standards provided by the Energy Efficiency
Act, as amended or other applicable legislation.
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By-law No. 143 J-2004
4.51 Where a heating system or part thereof in a building requires solid or liquid
fuel to operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location so as to be free from
fire or accident hazard.
4.52 Every dwelling shall be so constructed or otherwise separated to prevent
the passage of smoke, fumes, and gases from that part of the dwelling which is
not used, designed or intended to be used for human habitation into other parts
of the dwelling used for habitation. Such separations shall conform to the
Ontario Building Code.
4.53 All fuel burning appliances, equipment, and accessories in a dwelling shall
be properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
4.54 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good repair so as to prevent the escape of smoke, fumes or
gases from entering a dwelling unit. Maintenance includes the removal of all
obstructions, sealing open joints, and the repair of loose or broken masonry
units.
4.55 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good condition so as to prevent the heating of adjacent
combustible material or structural members to unsafe temperatures.
FIRE ESCAPES, ALARMS AND DETECTORS
4.56 A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
provided by the owners of buildings of residential occupancies as required by
the Ontario Fire Code.
4.57 In addition to the provisions of Article 4.53 hereof, in every dwelling unit in
a building, a listed smoke alarm, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, or detectors of the single
station alarm type, audible within bedrooms when intervening doors are closed,
shall be installed between bedrooms or the sleeping area and the remainder of
the dwelling unit, such as in a hallway or corridor serving such bedrooms or
sleeping area. The products of combustion detector referred shall be: -
(a) equipped with visual or audio indication that they are in operating
condition;
(b)
mounted on the ceiling or on a wall between 152.4 and 304.8 mm
(6 to 12 inches) below the ceiling within 5 metres of any bedroom.
4.58 Buildings using a fire escape as a secondary means of egress shall have
the escape in good condition, free from obstructions and easily reached through
an openable window or door.
EGRESS
4.59 Every dwelling, and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and the
dwelling unit to the outside at street or grade level.
4.60 Each building containing more than one dwelling unit shall have the
minimum number of exits as prescribed by the Ontario Fire Code. No exit shall
lead through a room not under the immediate control of the occupants of the
dwelling unit.
Property Standards
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By-law No. 1431-2004
NATURAL LIGHT
4.61 Every habitable room, except a kitchen, bathroom or toilet room, shall
have a window or windows, skylights or translucent panels facing directly or
indirectly ;to an outside space and admits as much natural light equal to but not
less than ten percent of the floor area for living and dining rooms and five
percent of the floor area for bedrooms and other finished rooms.
VENTILATION
4.62 Every habitable room in a dwelling unit, including kitchens, bathroom or
toilet rooms, shall have openings for ventilation providing an unobstructed free
flow of air of at least 0.28 square metres (3 sq. ft.), or an approved system of
mechanical ventilation such that provide hourly air exchanges.
4.63 All system of mechanical ventilation shall be maintained in good working
order.
4.64 All enclosed areas including basements, cellars, crawl spaces and attics or
roof spaces shall be have openings for ventilation or an alternative and
functioning mechanical system approved by the Property Standards Officer.
ELEVATING DEVICES
4.65 Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor indicators,
ventilation fans, and emergency communication systems shall be operational
and maintained in good condition.
DISCONNECTED UTILITIES
4.66 Owners of residential buildings or any person or persons acting on behalf
of such owner, shall not disconnect or cause to be disconnected any service or
utility supplying heat, electricity, gas, refrigeration or water to any residential
unit or building occupied by a tenant or lessee, except for such reasonable
period of time as may be necessary for the purpose of repairing, replacing, or
otherwise altering said service or utility.
OCCUPANCY STANDARDS
4.67 No room shall be used for sleeping purposes unless it has a minimum
width of two metres (6.6 ft.), and a floor area of at least seven square metres
(75 sq. ft.). A room used for sleeping purposes by two or more persons shall
have a floor area of at least four square metres (43 sq. ft.) per person.
4.68 Any basement, or portion thereof, used as a dwelling unit shall conform to
the following requirements:
(a) each habitable room shall comply with all the requirements set out in
this By-Law;
(b)
floors
and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c) each habitable room shall be separated from service rooms by a
suitable fire separation and approved under the Ontario Building
Code;
(d)
access to each habitable room shall be gained without passage
through a service room.
ARTICLE 5
VACANT LANDS AND BUILDINGS
5.1 All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship within
the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code where applicable.
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By-law No. 1431-2004
VACANT LANDS
5.2 Vacant land shall be maintained to the standards as described in Article 3,
Sections 3.7 and 3.8, of this By-Law.
5.3 Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
VACANT BUILDINGS
5.4 Vacant buildings shall be kept cleared of all garbage, rubbish and debris
and shall have all water, electrical and gas services turned off except for those
services that are required for the security and maintenance of the property.
5.5 The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof
sheet plywood securely fastened to the building and painted a colour
compatible with the surrounding walls.
ARTICLE 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.1 All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship within
the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code where applicable.
YARDS
6.2 The yards of non-residential property shall be maintained to the standards
as described in Article 3, Sections 3.7 and 3.8 of this By-Law.
6.3 The warehousing or storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect of
the property shall be maintained in a neat and orderly fashion so as not to
create a fire or accident hazard or any unsightly condition and shall provide
unobstructive access for emergency vehicles.
PARKING AREAS, AND DRIVEWAYS
6.4 All areas used for vehicular traffic and parking shall have a surface covering
as required by the Township of Blandford-Blenheim Zoning Bylaw including, but
not limited to, asphalt, concrete, or compacted stone or gravel.
6.5 All surface coverings shall be kept in good repair, free of dirt and litter. All
surface coverings shall be treated to prevent the raising of dust. Driveways
shall have a surface covering that prevents the deposition of gravel or loose
materials on the traveled portion of the municipal road allowance.
6.6 All areas used for vehicular traffic, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal use and weather
conditions.
STRUCTURAL SOUNDNESS
6.7 Every part of a building structure shall be maintained in a sound condition
so as to be capable of safely sustaining its own weight load and any additional
load to which it may be subjected through normal use, having a level of safety
required by the Ontario Building Code. Structural members or materials that
have been damaged or indicate evidence of deterioration shall be repaired or
replaced.
6.8 Walls, roofs, and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
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EXTERIOR WALLS
6.9 Exterior walls of a building or a structure and their components, including
soffits, fascia, windows and doors, shall be maintained in good repair free from
cracked, broken or loose masonry units, stucco, and other defective cladding,
or trim. Paint or some other suitable preservative or coating must be applied
and maintained so as to prevent deterioration due to weather conditions,
insects or other damage.
6.10 Exterior walls of a building or a structure and their components shall be
free of unauthorized signs, painted slogans, graffiti and similar defacements.
GUARDRAILS
6.11 A guard shall be installed and maintained in good repair on the open side
of any ramp or interior stairway containing more than two (2) risers or any
exterior stair containing more than six (6) risers or any porch, deck, landing or
balcony where there is a difference in elevation between adjacent surfaces of
600 mm (24"). A handrail shall be installed and maintained in good repair on all
interior stairs having more than two risers and on all exterior stairs having more
than three risers.
6.12 All guardrails and handrails shall be rigid and shall not deflect or move
when subjected to a lateral force by a person.
LIGHTING
6.13 All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all persons
attending the premises or as may be required by the Occupational Health and
Safety Act for industrial and commercial properties. However, lighting shall not
be positioned so as to cause any impairment of use or enjoyment of
neighbouring properties.
ARTICLE 7
ADMINISTRATION AND ENFORCEMENT
7.1 This By-law shall apply to all property within the limits of the municipality.
7.2 The imperial measurements contained in this By-Law are given for
reference only.
OFFICERS
7.3 The Council of The Corporation of the Township of Blandford-Blenheim
shall appoint a Property Standards Officer(s) to be responsible for the
administration and enforcement of this By-Law.
PROPERTY STANDARDS COMMITTEE
7.4 The Property Standards Committee of the Township of Blandford-Blenheim
is hereby continued and shall consist of Three (3) persons who are resident of
the municipality and who qualify to be elected as members of Council for the
Township of Blandford-Blenheim. The members of the Committee shall serve
for the same term as the members of Council, and shall be appointed, by the
Council, by resolution, at their Inaugural meeting, or as soon thereafter as is
expedient, with the members so appointed to hold office until their successors
have been appointed.
The members of the Committee shall be paid
compensation in accordance with the provision in the current Township Salary
and Wage By-law. The members of the Committee shall elect a Chair from
among themselves and an employee of the municipality shall serve as the
Secretary for the Committee.
7.5 The Council shall also fill any vacancy that occurs in the membership of the
Committee as soon as possible during the Committee term.
7.6 Every person who initiates an appeal of an Order made under Section 15.2
(2) of the Ontario Building Code Act, S.O. 1992, c23, shall submit a Notice of
Appeal in the time frame and the manner prescribed in section 15.3 (1) of the
Act. All Notices of Appeal shall be accompanied by a non-refundable payment
of $110 as the fee for the Application.
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COMPLIANCE
7.7 The owner of any property which does not conform to the standards as set
out in this By-Law shall repair and/or maintain said property to comply with such
standards or the property shall be cleared of all buildings, structures, debris or
refuse and left in a leveled and graded condition.
PENALTY
7.8 Any owner who fails to comply with an order that is final and binding under
this bylaw is guilty of an offence under Section 36(1) of the Ontario Building
Code Act, S.O. 1992, c. 23, and is liable to a penalty or penalties as set out in
Section 36 of that Act.
VALIDITY
7.9 If an article of this By-Law is, for any reason, held to be invalid, the
remaining articles shall remain in effect.
7.10 Where a provision of this By-Law conflicts with the provision of another by-
law in force within the municipality, the provision that establishes the higher
standard to protect the health, safety and welfare of the general public shall
prevail.
BY-LAWS REPEALED
7.11 By-law Number 940-92 enacted the 19th day of August, 1992, is repealed
and By-law Number 1403-2003 enacted the 2nd day of July, 2003, is also
repealed, after all matters described in Section 7.12 are complete.
TRANSITIONAL RULES
7.12 After the date of the passing this by-law, By-Law No. 1403-2003, as
amended, shall apply only to those properties in which an Order to Comply has
been issued prior to the date of passing of this by-law, and then only to such
properties until such time as the work required by such Order has been
completed or any enforcement proceedings with respect to such Order,
including any demolition, clearance, or repair carried out by the municipality
shall have been concluded.
By-law READ a FIRST and SECOND time this 4th day of February, 2004.
By-law READ a THIRD time and ENACTED in Open Council this 4th day
of February, 2004.
Donald S. Woolcott, Mayor
(SEAL)
Keith Reibling, Clerk^Araministrator