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The Corporation of the Municipality of Brockton
By-Law 2018-057
Being a By-Law to Prescribe Standards for the Maintenance and Occupancy of
Property and to Repeal By-Law 2005-40 the Property Standards By-Law for the
Municipality of Brockton.
Whereas under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, as amended, 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 related to property conditions;
And Whereas the Walkerton Community Official Plan includes provisions relating to property
conditions;
And Whereas the Council of The Corporation of the Municipality of Brockton 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, as amended, 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;
And Whereas the Council of the Corporation of the Municipality of Brockton wishes to repeal By-
Law 2005-40, the Property Standards By-Law for the Municipality of Brockton;
Now Therefore the Council of the Corporation of the Municipality of Brockton enacts as follows:
Short Title
This By-Law may be referred to as the "Property Standards By-Law"
Property Standards
Part I - Definitions
In this By-Law:
1.01 "Accessory Building" means a detached building or structure, not used for human habitation
that is subordinate to the primary use of the same property.
1.02 "Apartment Building" means a building containing more than four dwelling units with individual
access from an internal corridor system.
1.03 "Approved" means acceptance by the Property Standards Officer.
1.04 "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.
1.05 "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.
1.06 "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.
1.07 "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.
1.08 "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 ft.) above grade.
1.09 "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.
1.10 "Habitable Room" means any room in a dwelling unit used for or capable of being used for
living, cooking, sleeping or eating purposes.
1.11 "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.
1.12 "Multiple Dwelling" means a building containing three or more dwelling units.
1.13 "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.
1.14 "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.
1.15 "Occupant" means any person or persons over the age of 18 years in possession of a property;
1.16 "Owner" includes:
a) an owner in fee simple;
b) the person managing or receiving the rent of the property 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 receive the rent if the property were let;
c) a lessee or occupant of the property who, under the terms of the lease, is required to repair and
maintain the property in accordance with the standards for the maintenance and occupancy of
the property;
1.17 "Person" means an individual, firm, corporation, association or partnership.
1.18 "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.
1.19 "Standards" means the standards of the physical condition and of occupancy prescribed for
property by this By-Law.
1.20 "Swimming Pool" means a swimming pool or pool as defined in "The Municipality of Brockton
By-Law Number 2008-31", the Pool Enclosure By-Law as amended.
1.21 "Toilet Room" means a room containing a water closet and a wash basin.
1.22 "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.
Part II - General Standards for All Property
2.01 No person, being the owner of a property, shall fail to maintain the property in conformity with
the standards required in this By-law.
2.02 This By-law shall apply to all property within the Corporation of the Municipality of Brockton;
notwithstanding, this By-Law shall not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1,
from carrying out a normal farming practice provided for and defined under that Act.
2.03 Every building or structure shall be kept free of any condition which constitutes a health or
safety hazard.
2.04 The owner of any property, as the case may be, which does not conform to the standards in this
By-law shall repair and maintain the property to conform to the standards or shall clear the property
of all buildings, structures or debris and shall leave the property in a graded and levelled condition,
provided that no building or structure on a Part IV heritage property or a part V heritage property
shall be altered or cleared, including by not limited to removed, demolished or relocated, except in
accordance with the Ontario Heritage Act.
2.05 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.
Yards
2.06 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 or abandoned machinery, vehicles, trailers or boats unless it is
necessary for the operation of a business enterprise lawfully situated on the property;
(3) Long grass, (in excess of 20cm (8")), brush, undergrowth and noxious weeds as defined by the
Weed Control Act;
(4) Dilapidated, collapsed or partially constructed structures which are not currently under
construction;
(5) Injurious insects, termites, rodents, vermin or other pests; and
(6) Dead, decayed or damaged trees or other natural growth causing a hazard to persons or property.
Surface Conditions
2.07 Surface conditions of yards shall be maintained so as to:
(1) prevent instability or erosion of soil;
(2) prevent surface water run-off from entering basements;
(3) be kept free of garbage and refuse;
(4) be kept free of deep ruts and holes;
(5) provide for safe passage under normal use and weather conditions, day or night; and
(6) not to create a nuisance to other property.
Sewage and Drainage
2.08 Sewage shall be discharged into a sewage system.
2.09 Sewage of any kind shall not be discharged onto the surface of the ground, whether into a
natural or artificial surface drainage system or otherwise.
2.10 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.
Parking Areas, Walks and Driveways
2.11 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 litter.
2.12 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to
afford safe passage under normal use.
Accessory Buildings, Fences, and Other Structures
2.13 Accessory buildings, fences, retaining walls, swimming pool enclosures and other structures
appurtenant to the property shall be maintained in structurally sound condition and in good repair so
as to properly perform its intended function.
2.14 Provisions for the repair and maintenance of swimming pool enclosures shall apply in all zones and
properties within the Municipality of Brockton.
2.15 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.
Garbage Disposal
2.16 Every building, dwelling, and dwelling unit shall be provided with a sufficient number of suitable
receptacles to contain all garbage and refuse that may accumulate on the property between the
regularly designated collection days. Such receptacles shall be constructed of watertight material,
provided with a tight fitting cover, and shall be maintained in a reasonably clean and reasonably
odour free condition at all times.
2.17 All garbage and refuse shall be promptly placed in a suitable container and made available for
removal in accordance with the municipal garbage collection By-Law where applicable.
2.18 Garbage storage areas shall be screened from public view.
Compost Heaps
2.19 The owner or occupant of a residential property may provide for a compost heap in accordance
with current best practices and health regulations, provided that the compost pile is no larger than
one square metre and 1.8 metres in height and is enclosed on all sides by concrete block, or lumber,
or in a forty-five gallon container, or a commercial plastic enclosed container designed for
composting.
Part III - Residential Rental Property Standards
General Conditions
3.01 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.
3.02 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.
3.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress shall
not be permitted.
Pest Prevention
3.04 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.
3.05 Openings, including windows, that might permit the entry of rodents, insects, vermin or other
pests shall be appropriately screened or sealed.
Structural Soundness
3.06 Every building or structure 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.
3.07 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly secured
objects or materials.
Foundations
3.08 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects,
rodents and excessive moisture. Maintenance may include site grading, the shoring of the walls to
prevent settling, installing sub soil drains, where necessary, at the footings, grouting masonry cracks,
dampproofing and waterproofing walls, joints, and floors.
Exterior Walls
3.09 Exterior walls of a dwelling and their components, including soffits, fascia, 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.
3.10 Exterior walls of a dwelling and their components shall be free of unauthorized signs, painted
slogans, graffiti and similar defacements.
Windows and Doors
3.11 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good repair,
weather tight and reasonably draught-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 re-glazing where
necessary. Where screening is provided on windows and doors it shall also be maintained in good
repair.
3.12 In a dwelling unit, 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.
3.13 Solid core doors, or doors with the required fire resistance rating, shall be provided for all
entrances to dwellings and dwelling units.
3.14 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.
3.15 Every window in a leased dwelling unit that is located above the first storey of a multiple dwelling
shall be equipped with an approved safety device that would prevent any part of the window from
opening greater than would permit the passage of a 100 mm diameter (3.9 inches) sphere. Such safety
device shall not prevent the window from being fully opened during an emergency situation by an adult
without the use of tools.
Roofs
3.16 Roofs of dwellings and their components shall be maintained in a weather tight condition, free from
loose or unsecured objects or materials.
3.17 Where eavestroughing or roof gutters are provided they shall be kept in good repair, free from
obstructions and properly secured to the building.
Walls, Ceilings and Floors
3.18 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.
3.19 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.
3.20 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.
Stairs, Porches and Balconies
3.21 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.
Guards, Handrails and Railings
3.22 A guard shall be installed and maintained in good repair on the open side of any stairway or ramp
containing three (3) or more risers including the landing or a height of 600 mm (24") between adjacent
levels. A handrail shall be installed and maintained good repair in all stairwells. Guardrails shall be
installed and maintained good repair around all landings, porches, balconies. Guardrails, balustrades
and handrails shall be constructed and maintained rigid in nature.
Kitchens
3.23 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.
Toilet and Bathroom Facilities
3.24 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.
3.25 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) and that can be opened from outside in an emergency.
3.26 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,
heated passageway, hallway, corridor or other common space to the room or rooms containing the
said facilities without passing through another rental unit and without travelling outside the building
containing the dwelling units.
Plumbing
3.27 Each washbasin, a 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 ranging from
45°C (113°F) to 60°C (140°F).
3.28 Every dwelling unit shall be provided with an adequate supply of potable running water.
3.29 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.
3.30 All plumbing fixtures shall be connected to the sewer system through water seal traps.
3.31 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, or other defects that may harbour germs or impede
thorough cleansing.
Electrical Service
3.32 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an
approved electrical supply system.
3.33 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 Electrical Safety Authority.
3.34 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.
3.35 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.
3.36 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
3.37 Every dwelling and building containing a residential dwelling unit or units shall be provided with
suitable heating facilities capable of maintaining a main floor ambient temperature of 21 degrees
Celsius (70 degrees Fahrenheit) 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. No rental dwelling unit shall be supplied with portable heating
equipment as the primary source of heat.
3.38 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and
maintained to the standards provided by the Energy Act, as amended or other applicable legislation as
enforced by Wood Energy Technology Transfer Inc (WETT), Technology Standards and Safety Authority
(TSSA), Electrical Safety Authority (ESA) or other authority having jurisdiction.
3.39 Where a heating system or part thereof that 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.
3.40 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 and/or the Ontario Fire Code as applicable.
3.41 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.
3.42 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.
3.43 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
3.44 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 where sleeping accommodations are provided for more than ten (10) persons, except that
such systems need not be provided where a public corridor or exit serves not more than four (4) dwelling
units or individual leased sleeping rooms.
3.45 In addition to the provisions of Article 3.46 hereof, in every dwelling unit in a building, a listed CO
alarm and smoke alarms, 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 by the occupant 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
in accordance with the Ontario Fire Code. 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
or in accordance with the manufacturer's recommendations.
3.46 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.
Access and Egress
3.47 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.
3.48 Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both of which
may be common or the one of which may be common and the other may be an exterior stair or fire
escape. Access to the stairs or fire escape shall be from corridors through doors at floor level, except
access from a dwelling unit may be through a vertically mounted casement window having an
unobstructed opening of not less than 1,060 by 560 mm, (42 x 22 inches) with a sill height of not more
than 900 mm, (36 inches), above the inside floor. A single exit is permitted from a dwelling unit where
the path of egress is through an exterior door located at or near ground level and access to such exit is
not through a room not under the immediate control of the occupants of the dwelling unit.
Natural Light
3.49 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 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
3.50 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.
3.51 All systems of mechanical ventilation shall be maintain in good working order.
3.52 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be
adequately ventilated.
Elevating Devices
3.53 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
3.54 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 except where payment for such utilities is clearly stated in
the written tenancy agreement to be the responsibility of the tenant and payment is clearly in
arrears.
Occupancy Standards
3.55 The number of occupants, residing on a permanent basis in an individual dwelling unit, shall not
exceed one person for every nine square metres (97 sq. ft), of habitable floor area. For the purpose
of computing habitable floor area, any area with a consistent minimum ceiling height of less than 2.1
metres (7 ft.) shall not be considered.
3.56 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.
3.57 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 fire separation meeting the
requirements of the Ontario Fire Code and/or the Ontario Building Code as applicable;
(d) access to each habitable room shall be gained without passage through a service room.
Part IV - Vacant Lands and Buildings
Vacant Lands
4.01 Vacant land shall be maintained to the standards as described in Part II of this By-Law.
4.02 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water
except those areas specifically designed for storm water management.
Vacant Buildings
4.03 Vacant buildings shall be kept cleared of all garbage, rubbish and debris.
4.04 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.
4.05 Where a building remains vacant for a period of more than '90' days, the owner shall ensure that
all utilities servicing the building, which are not required for safety or security, are properly disconnected
or otherwise secured, to prevent accidental or malicious damage to the building or adjoining property.
4.06 Abandoned signs, as defined in the Municipality of Brockton Sign By-law, are not permitted and a
Property Standards Officer may require removal or covering of such signs in a manner similar to section
4.04.
Part V - Non-Residential Property Standards
5.01 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
5.02 The yards of non-residential property shall be maintained to the standards as described in Part
II, Article 2.02 of this By-Law.
5.03 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 unobstructed access for emergency vehicles. Where conditions are such that a neat
and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably
enclosed by a solid wall or a painted board or metal fence not less than 1.8 metres (6 ft.) in height
and maintained in good repair.
Parking Areas, and Driveways
5.04 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. Notwithstanding
the foregoing, non-residential properties which abut residential properties, all areas used for
vehicular traffic and parking shall have a surface covering of asphalt, or similar hard surface.
5.05 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
5.06 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.
5.07 Walls, roofs, and other exterior parts of a building or structure shall be free from loose or
improperly secured objects or materials.
Exterior Walls
5.08 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.
5.09 Exterior walls of a building or a structure and their components, shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
Guards, Railings and Handrails
5.10 A guard shall be installed and maintained in good repair on the open side of any stairway or
ramp containing three (3) or more risers including the landing or a height of 600 mm (24") between
adjacent levels. A handrail shall be installed and maintained good repair in all stairwells. Guardrails
shall be installed and maintained good repair around all landings, porches, balconies. Guardrails,
balustrades and handrails shall be constructed and maintained rigid in nature.
Lighting
5.11 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.
Part VI
Administration and Enforcement
6.01 This By-Law shall apply to all properties within the limits of the Municipality of Brockton except those
properties containing more than 4 hectares in area and zoned A1 or EP in "the Comprehensive Zoning By-
law of the Municipality of Brockton", By-Law 2013-26, as amended. This by-law shall also apply to any
dwelling unit which is subject to a tenancy agreement in any zone within the Municipality of Brockton.
This By-Law shall not apply so as to prevent a farm, meeting the definition of "agricultural operation"
under the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, from carrying out a normal
farm practice provided for or defined under that Act.
6.02 The imperial measurements contained in this By-Law are given for reference only.
Enforcement
6.03 The Council of the municipality shall appoint a Property Standards Officer(s) to be responsible for
the administration and enforcement of this By-Law.
6.04 If, after inspection, an officer is satisfied that in some respect the property does not conform with
the standards prescribed in this By-law, he or she may issue an order and such order shall be served on
the owner of the property and may be served on such other persons affected by it as the officer
determines and a copy of the order may be posted on the property.
Property Standards Committee
6.05 Council shall appoint at large, by a Resolution, (or By-Law) of Council no fewer than three (3) persons
of the municipality to the Property Standards Committee for a term of office concurrent with Council.
6.06 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 as prescribed
in section 15.3 (1) of the Act.
Penalty
6.07 A person who fails to comply with an order that is final and binding under this By-Law is guilty of an
offence and upon conviction shall be liable to a fine of not more than $50,000.00 for a first offence and
to a fine of not more than $100,000.00 for any subsequent offence.
6.08 If the owner fails to comply with a final and binding property standards Order, the Corporation of
the Municipality of Brockton may cause the property to be repaired or demolished in accordance with
such Order, and the Municipality or a person acting on its behalf is not liable to compensate the owner,
occupant or any other person by reason of anything done by or on behalf of the Municipality in the
reasonable exercise of its powers.
6.09 Upon completion of the work necessary for compliance with the property standards order under
section 6.08, the Municipality of Brockton shall have a lien on the property for the amount spent on the
repair or demolition and the amount shall have priority lien status, which means the amount may be
added to the tax roll for the property and collected in the same manner as property taxes.
Validity
6.10 If a court of competent jurisdiction declares any provision or provisions of this By-Law invalid, such
provision or provisions are deemed severable, and it is the intention of council that the remainder of the
By-law remain in full force and effect.
6.11 Where a provision of this By-Law conflicts with the provision of another By-Law in force within the
municipality, the provisions that establish the higher standards to protect the health, safety and welfare
of the general public shall prevail.
Transitional Rules
6.12 After the date of the passing this By-Law, Municipality of Brockton By-Law 2005-40 and By-Law 2008-
33 are hereby repealed.
6.13 Any order issued, proceeding being conducted or other action being carried out under By-Law
2005-40 or By-Law 2008-33 are deemed to continue under this By-Law.
6.14 This By-Law shall come into force and effect on the date of its passing.
Read, Enacted, Signed and Sealed this 23rd Day of July, 2018.
Original Signed By
Mayor - David Inglis
Original Signed By
CAO/Clerk - Sonya Watson