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City of Brockville
Ontario, Canada
A By-law of the
Corporation of the City of Brockville
Prescribing Property Standards
By-law No. 078-2015
Enacted by Council
September 22, 2015
A By-law of the Corporation of the City of Brockville
Prescribing Property Standards
Table of Contents
Table of Contents
0
Definitions
1
2.
General Standards For All Properties And Uses
5
3.
Maintenance Of Lands
6
(1)
Condition Of Lands
6
(2)
Drainage
7
(3)
Walks, Parking Areas, Driveways
8
(4)
Damaged Material
8
(5)
Lighting Standards
9
(6)
Fences
9
(7)
Retaining Wall
9
(8)
Accessory Buildings
9
(9)
Swimming Pools
9
4.
Maintenance of Buildings
10
(1)
Structural Standards
10
(2)
General Cleanliness
10
(3)
Garbage Storage and Disposal
11
(4)
Pest Prevention
11
(5)
Foundation Walls and Basements
11
(6)
Exterior Surface
12
(7)
Weather Proofing
12
(8)
Stairways and porches
12
(9)
Garages and carports
13
(10)
Floors
13
(11)
Walls and ceilings
13
(12)
Doors, windows and security
14
(13)
Water supply
14
(14)
Plumbing system
15
(15)
Toilet and bathroom facilities
15
(16)
Kitchens
15
(17)
Heating (HVAC) systems
16
(18)
Electrical service
16
(19)
Lighting
17
(20)
Ventilation
17
(21)
Fire prevention equipment
17
(22)
Elevators
17
(23)
Means of egress
18
(24)
Occupancy standards
18
(25)
Vacant buildings
19
5.
General Prohibition
19
(1)
Prohibition
19
6.
Administration and enforcement
19
(1)
Officers and inspectors
19
(2)
Notice prohibiting use of property
20
(3)
Orders
20
(4)
Emergency order
21
(5)
Property Standards Committee
21
(6)
Power of Corporation to repair
22
(7)
Municipal lien
.23
(8)
Certificate of Compliance
23
(9)
Conflicts
-- By-Laws-Standards-Regulations
23
(10)
Penalty
23
(11)
Transition
24
(12)
Validity
24
7.
Short Title
24
THE CORPORATION OF THE CITY OF BROCKVILLE
By-Law Number 078-2015
A By-law for Prescribing Property Standards (and to repeal By-law no. 3 1-98)
WHEREAS the Corporation of the City of Brockville deems it desirable to enact a By
law pursuant to the provisions of Section 15.1 of the Ontario Building Code Act, R.S.O.
1992, Chapter 23, as amended;
AND WHEREAS there is in effect in the City of Brockville an Official Plan that includes
provisions relating to property conditions;
NOW THEREFORE BE IT AND IT IS HEREBY ENACTED that all owners of property
within the City of Brockville are required to comply with the following
minimum
standards of maintenance and occupancy.
NOW THEREFORE, the Council of the City of Brockville hereby enacts as follows:
1. Definitions
As used in this bylaw, the following terms shall have the meanings indicated:
(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)
"act" means an enactment or statute of the Province of Ontario.
(3)
"approved" means acceptance by the Property Standards Officer.
(4)
"basement" means one or more storeys of a building located below the first
storey.
(5)
"bathroom" means a room containing a toilet, urinal, bathtub or shower, wash
basin or any combination thereof.
(6)
"building" means any structure used or intended to be used for supporting or
sheltering any use or occupancy as defined in the Ontario Building Code Act.
(7)
"building code" means the Building Code Act and any regulations made under
that Act.
(8)
"chief building official" means the Chief Building Official appointed under
Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the
enforcement thereof.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 2
(9)
"city" shall mean the Corporation of the City of Brockville.
(10)
"code" means a regulation of the Province of Ontario known,
a.
with respect to matters relating to building and plumbing, as the Building
Code:
b.
with respect to matters relating to electricity, as the Electrical Safety Code;
and
c.
with respect to matters relating to fire, as the Fire Code.
(11)
"committee" means the Property Standards Committee as established by
Council for the Corporation of the City of Brockville.
(12)
"council" shall mean the Council of the City of Brockville.
(13)
"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.
(14)
"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.
(15)
"exterior property area" means the building lot excluding buildings.
(16)
"fence" means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open
space, restricting ingress to or egress from property, providing security or
protection to property or acting as a visual or acoustic screen.
(17)
"first storey" means the storey that has its floor closest to grade and its ceiling
more than 1.8 metres (6 feet) above grade.
(18)
"garage" means a building or part thereof intended for the storage or parking
of motor vehicles.
(19)
"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 in
them.
(20)
"habitable space" means any room in a dwelling unit used or designed to be
used for the purpose of living, sleeping, eating, cooking or preparation of food
and without limiting the foregoing shall include a den, library, sunroom or
By-law Number 078-2015
By-law Prescribing Property Standards
Page 3
recreational room or any combination thereof.
(21)
'land(s)" means grounds and vacant lot(s) exclusive of buildings save and
except an accessory building.
(22)
"maintenance" means the preservation and keeping in repair of a property.
(23)
"medical officer of health" means the Medical Officer of Health for the Leeds,
Grenville and Lanark District Health Unit.
(24)
"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.
(25)
"multiple use dwelling" means a building containing both a dwelling unit and a
non-residential property.
(26)
"municipality" means the Corporation of the City of Brockville.
(27)
"non-habitable
space"
means
a
bathroom,
toilet
room,
water
closet
compartment,
laundry,
pantry,
foyer,
lobby,
hall,
corridor,
stairway,
passageway, closet, storage room, boiler room, furnace room, accessory
space for service, maintenance or access within a building or a room or space
which does not comply with the minimum standards for residential occupancy.
(28)
"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.
(29)
"occupancy" means the use or intended use of a building or part thereof for
the shelter or support or persons, animals or property.
(30)
"occupant" means any person or persons, over the age of eighteen,
in
possession of the property.
(31)
"officer" means a Property Standards Officer for the City of Brockville who has
been duly appointed by by-law for the purpose of administering and enforcing
the provisions of this By-law.
(32)
"owner" includes the owner in trust, a mortgagee in possession, 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 his own account, or as
By-law Number 078-2015
By-law Prescribing Property Standards
Page 4
agent or trustee of any other person, or who would receive the rent if the land
and premises were let, and shall also include 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.
(33)
"person" means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
(34)
"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.
(35)
"repair" includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the
property shall conform to the standards established in this By-law.
(36)
"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 steps, walks, driveways, parking
spaces and fences associated with the dwelling or its yards.
(37)
"safe condition" means a condition that does not pose or constitutes an undue
or unreasonable hazard or risk of life, limb or health of any person on or about
the property, and includes a structurally sound condition.
(38)
"sewage system" means the City of Brockville system of storm sewers,
sanitary sewers and combined sewers, or a private sewage disposal system
approved by the Chief Building Official within the City of Brockville.
(39)
"sign"
means
any
device
or
notice,
including
its
structure
and
other
component parts, which is used or capable of being used to identify, describe,
illustrate, advertise or direct attention to any person, business, service,
commodity or use.
(40)
"solid waste" means any solid non-hazardous garbage, recycling or other
diverted materials that are regularly collected under private or municipal
contract.
(41)
"standards" means the standards of physical condition and of occupancy
prescribed for property by the By-law.
(42)
"toilet room" means a room containing a water closet and wash basin.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 5
(43)
"vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle or
other mechanical power driven equipment.
(44)
"waterfront property" means that area of water which is immediately capable
of use from the land, together with that area of land, adjacent to the water
which is necessary to allow use of the above identified area of water.
(45)
"waste" means any debris, rubbish, refuse, sewage, effluent, discard, or
garbage of a type arising from a residence, belonging to or associated with a
house or use of a house or residential property and/or from industrial or
commercial operations,
or belonging
to
or associated
with
industry or
commerce or industrial or commercial property, which for greater certainty
includes all garbage, discarded material or things, broken or dismantled
things, and materials or things exposed to the elements, deteriorating
or
decaying on a property due to exposure or the weather.
(46)
"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.
2. General Standards for All Properties and Uses
a.
No owner or occupant of property shall use, occupy or allow, permit or
consent to the use or occupation of the property unless such property
conforms to the standards prescribed in this By-law.
b.
No person, being the owner or occupant of a property, shall fail to
maintain the property in conformity with the standards required in this By
law.
c.
The owner of any property 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 or structures
in disrepair,
garbage, rubbish, waste or accumulations of such materials that prevent
access to or exit from the property in the case of emergency, or other
safety or health hazard and shall leave the property in a graded and
levelled condition.
d.
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.
e.
All new construction or extensive repairs shall conform to the Ontario
Building Code, where applicable.
By-law Number 078-2015
By-law Prescribing Property Standards
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3. Maintenance of Lands
(1)
Condition of Lands
a.
All lands shall be kept clean and free of litter, rubbish, waste, salvage,
refuse, decaying
or damaged trees, branches and
limbs, objects or
conditions that might create a health, fire or accident hazard.
b.
All lands shall be kept clear of long grass, brush and undergrowth by
cutting regularly and removing the cuttings from the lands.
c.
Yards shall be kept clean and free of any vehicle including a trailer,
machinery or parts thereof which is in a wrecked, discarded, dismantled,
unlicensed,
inoperative
or
abandoned
condition,
except
in
an
establishment licensed or authorized to conduct a salvage, wrecking or
repair business and then only if such establishment conforms with all
relevant by-laws of the municipality or other Acts.
d.
All furniture used for exterior use shall be of an exterior grade material that
readily repels water. Lands shall be kept clean and free from wrecked,
discarded, dismantled or inoperative recreation equipment and furniture.
e.
Appliances such as refrigerators, stoves and freezers shall not be left in
yards and shall not be used as places of storage.
f.
All lawns, hedges and shrubs shall be kept trimmed and in a sightly and
neat condition so as to prevent undue overgrowth.
g.
Trees, bushes and hedges, including any branches or limbs thereof, which
are dead, decayed or damaged, and brush shall be promptly removed
from the property.
h.
The ground shall be suitably covered so as to prevent erosion of the soil.
A suitably maintained covering such as grass, gravel, asphalt, ground
cover or plants shall be used.
Every tenant, occupant or lessee or owner of a residential, commercial, or
industrial property shall maintain the property or part thereof and land
which he occupies or controls, in a clean, sanitary and safe condition and
shall dispose of garbage and debris on a regular basis.
j.
The occupant of a residential property may provide for a compost heap or
bin provided it is no larger than six (6) feet square and three (3) feet in
height and be retained on all sides by concrete blocks or lumber of the
same height as the compost heap, or in a commercial plastic enclosed
By-law Number 078-2015
By-law Prescribing Property Standards
Page 7
container designed for composting.
k.
Compost heaps or bins shall not be placed in the front yard or side yards,
and shall not under any circumstances be located within any drainage
swale.
Every compost heap or bin shall be maintained to deter animals.
m.
Firewood shall be neatly piled in a rear yard only. Garden equipment shall
be stored in the rear yard and in a clean and sightly condition.
n.
No machinery or parts thereof, or other object, or material, not associated
with the normal occupancy and use of a property, including among other
things, appliances, fixtures, paper, cartons, boxes, or building materials
such as lumber, masonry material or glass, other than intended for
immediate use on the property, shall be stored or allowed to remain in an
exterior property area.
o.
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 and shall provide unobstructed access
for emergency vehicles.
(2)
Drainage
a.
All sanitary sewage and organic waste shall be discharged
into an
approved sewage system.
b.
Sewage of any kind shall not be discharged onto the surface of the
ground, whether into a natural or artificial surface draining system or
otherwise.
c.
No
roof
drainage
shall
be
discharged
on
sidewalks,
stairs,
and
neighbouring properties or onto any impervious surface within the road
allowance.
d.
Storm water shall be drained from the lands but shall not be directed to
cause recurrent ponding of water on adjacent properties or so as to result
in the entry of water into a basement or cellar.
e.
Snow storage shall be maintained so as not to cause a hazard on the
property, and be maintained
in such a manner and location on the
property so as to prevent a hazard, flooding, erosion and other damage to
neighbouring private or public lands.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 8
f.
No fill shall be allowed to remain in an unlevelled state on any property for
longer than fourteen (14) days, unless the property is a construction site
for which a building permit is in effect.
g.
No fill shall be left in an uncovered state (not covered by seed or sod) on
any property for longer than thirty (30) days unless the property is a
construction site for which a building permit is in effect, or a property being
subdivided under subdivision agreement with the City of Brockville.
h.
Fill shall not be placed on any lot to alter drainage from any previously
approved drainage plan or lot grading certificate. If no plans are available
for a property, no owner shall alter any grade at a lot line without receiving
written approval from the City Engineer. No fill shall be placed temporarily
or permanently that creates any adverse drainage condition to an adjacent
property.
(3)
Walks, Parking Areas, Driveways
a.
Suitable hard surfaced walks shall be made available and maintained
leading from the main entrance of a building to the street or driveway.
b.
All steps, walks, driveways, parking spaces and similar areas shall be
maintained to afford passage free from hazards at all times to any person
using the same, including the removal of ice and snow.
c.
All areas used for vehicular traffic and parking shall be covered with
asphalt, crushed stone or gravel surfacing, be graded, drained and free
from debris or other litter and kept in good repair at all times.
(4)
Damaged Material
a.
In the event of fire or explosion, damaged or partially burned material shall
be
removed from the premises, except that such
material
may be
temporarily stored within the barricaded damaged building or structure,
provided that such storage does not exceed ninety (90) days.
b.
Damaged or partially burnt material shall only be removed from the
property once investigations are completed by fire authorities.
c.
Fire damaged buildings, or portions thereof, shall be repaired to comply
with the Ontario Building Code or shall be demolished accordingly.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 9
(5)
Lighting Standards
a.
All artificial lighting standards, fixtures and connections installed in yards
and parking areas shall be kept in a good, safe, rust free condition and in
good working order.
b.
Any lights used to illuminate yards or parking areas shall be so arranged
or shielded to deflect light away from abutting properties and! or the public
right-of-way.
(6)
Fences
a.
A fence erected on a property or separating adjoining properties shall be
maintained:
i.
in good repair (free from loose or insufficiently secured, rotten, warped
or broken materials);
ii.
in a safe and structurally sound condition so as to be capable of
sustaining safely its own weight together with any load to which it might
reasonably be subject to;
iii. shall be free of dangerous objects; and
iv. be reasonably plumb, unless specifically designed to be other than
vertical.
(7)
Retaining Wall
a.
All retaining walls, screen walls and ornamental walls shall be constructed
of durable material and shall be maintained
in
a structurally sound
condition.
(8)
Accessory Buildings
a.
The foundations, walls, roofs and all parts of accessory buildings and
other structures appurtenant to the main building shall be:
i.
constructed with suitable materials;
ii.
maintained in good repair; and
iii. be protected from deterioration by the application of paint or other
suitable protective material.
(9)
Swimming Pools
a.
Swimming poois and the fences and gates surrounding same shall be
maintained in a safe condition in conformity with the City of Brockville
Swimming Pool By-law.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 10
b.
Electrical fixtures and lines supplying same shall be installed or reinstalled
in accordance with the Ontario Electrical Code and any amendments
thereto, to ensure at all times the safety of the users of the pool.
c.
Water in the pool shall be properly filtered and purified so as to present no
health hazard.
4. Maintenance of Buildings
(1)
Structural Standards
a.
Every part of a building or structure shall be maintained in a structurally
sound condition so as to be capable of sustaining safely its own weight
and any additional load for which it was designed having a factor of safety
required by the Ontario Building Code.
b.
Materials which have been damaged or show evidence of dry rot or other
deterioration shall be repaired or replaced.
c.
Walls, roofs and other exterior parts of the building shall be free from
loose or improperly secured objects or materials. Such part or material
shall be removed, properly secured or replaced.
d.
The owner shall be responsible for submitting an
inspection
report
prepared, stamped and signed by an engineer qualified in the pertinent
field and
licensed
in the Province of Ontario. Such report shall be
submiffed for all buildings and structures when the structural capacity of
any part of such building or structure is in doubt in the opinion of the
Property Standards Officer.
(2)
General Cleanliness
a.
Every floor, wall, ceiling and parts thereof, shall be maintained in a clean
and sanitary condition and buildings shall be kept free from rubbish and
debris.
b.
Hallways and stairways in a building shall be kept free from accumulation,
storage of garbage, refuse or any other thing or object that may cause a
health or accident hazard.
By-law Number 078-2015
By-law Prescribing Property Standards
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(3)
Garbage Storage and Disposal
a.
Every
building
and
every dwelling
unit shall
use
sufficient weather
resistant receptacles to contain all solid waste, as required by City of
Brockville By-laws, relating to the handling, collecting and disposal of
garbage, ashes and other refuse.
b.
Solid waste shall be promptly stored in suitable receptacles and removed
as required by the said By-law. Such receptacles shall be constructed of
watertight material,
provided with a tight fitting cover,
and
shall
be
maintained in a clean and odour free condition.
c.
Suitable garbage receptacles are to be stored in the rear yard if an area is
not available in the building.
d.
Buildings or structures used for the storage of solid waste prior to disposal
shall be deemed to be accessory buildings or structures within the
meaning of this By-law.
(4)
Pest Prevention
a.
Every property shall be maintained so as to be free from vermin and
conditions that may promote an infestation at all times.
b.
Openings and holes in a building that might permit the entry of rodents,
vermin, insects, birds or other pests, shall be screened or sealed.
(5)
Foundation Walls and Basements
a.
All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound.
b.
Every basement, cellar and crawl space in a property shall be maintained
in a reasonably watertight condition so as to prevent the leakage of water
into the building.
c.
Every
building unless
of slab-on-grade type,
shall be supported
by
foundation walls or piers which extend below the frost line or to solid
bearing and all footings, foundation walls, piers, slab-on-grade shall be of
masonry or other suitable material.
d.
Where foundation walls have been painted, they shall be maintained in a
clean and sightly condition and free of peeling or flaking paint.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 12
(6)
Exterior Surface
a.
All exterior walls and exposed wooden surfaces not inherently resistant to
deterioration shall be periodically treated with a protective coating of paint,
or otherwise repaired, coated, sealed or treated to protect them from
deterioration or weathering, or by replacing of the surface.
b.
Concrete, brick, metal and other similar surfaces that have been painted,
shall be maintained in a clean and sightly condition and free of peeling or
flaking paint.
c.
Every floor, exterior wall, roof and porch or appurtenance thereto shall be
maintained so as to prevent collapse of the same or injury to the
occupants of the building or to the public.
d.
Exterior walls
of a
building
and
its
components
shall
be
free
of
unauthorized signs, painted slogans, graffiti, and similar defacements.
(7)
Weather Proofing
a.
Every roof and all of its components shall be maintained in good repair
and in a safe and structurally sound condition.
b.
Dangerous accumulations of both snow and ice shall be removed as soon
as possible from the roofs of buildings.
c.
Where eavestroughing, roof guttering and down piping is provided, it shall
be maintained in good repair so as to be reasonably water tight and
securely fastened to the building at all times.
(8)
Stairways and Porches
a.
Inside or outside stairways and any porch, deck, balcony, verandah or
landing appurtenant to it shall be maintained so as to be free of holes,
cracks and other defects which may constitute a possible accident hazard
and all coverings, treads or risers that show excessive wear, or are
broken, warped or loose and all supporting structural members that are
rotted or deteriorated shall be repaired or replaced.
b.
A handrail and guard shall be installed in a stairwell or open stairway with
more than three risers and a guard shall be installed on the open sides of
any balcony or landing more than two feet above any adjacent surface. In
accordance with the Ontario Building Code, handrails and guards shall be
maintained in good repair so as to provide protection against accident or
injury.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 13
c.
Every unenclosed porch or unenclosed balcony, and
all interior and
exterior stairs, and common corridors shall be kept free of garbage, waste
or appliances and shall not be used for storage purposes.
(9)
Garages and Carports
a.
The construction between an attached or built-in garage and a dwelling
unit shall provide and maintain an effective barrier to gas and exhaust
fumes.
b.
The door between an attached or built-in garage and a dwelling unit shall
be tight-fitting and weather-stripped to provide and maintain an effective
barrier against the passage of gases and exhaust fumes and shall be
fitted with a self-closing device.
c.
Garages and carports, including floors, shall be maintained in good repair
and free from hazards.
(10)
Floors
a.
Every floor shall be smooth and even and maintained so as to be free of
all loose, warped, protruding, broken or rotted boards that may create an
unsafe condition or surface. Such defective floors shall be repaired or
replaced.
b.
Where a floor covering has become worn or torn so that it may create an
unsafe condition, the floor covering shall be repaired or replaced.
c.
Every bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and readily washable.
d.
Every floor in a building common element area shall be maintained in a
clean sanitary condition.
(11)
Walls and Ceilings
a.
Every wall and ceiling in a building shall be maintained so as to be a
continuous surface, free of holes, cracks, loose, torn or worn coverings or
other defects.
b.
Walls surrounding showers and bathtubs shall be impervious to water.
Caulking around the bathtub or shower shall be maintained in good repair.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 14
(12)
Doors, Windows and Security
a.
Windows, doors 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. Rotted or damaged doors, door frames
and their components, window frames, sashes and casings shall be
renewed and defective hardware; weather-stripping and broken window
glass shall be replaced.
b.
All windows intended to be opened shall be readily operable under
normally applied pressure so as to perform their intended function without
jamming or binding.
c.
In a dwelling unit, all windows intended to be opened and all exterior doors
shall have hardware so as to be capable of being locked or otherwise
secured from inside the dwelling unit. At least one entrance door in every
dwelling unit shall have hardware so as to be capable of being locked from
both inside and outside the dwelling unit.
d.
In a building where a security locking-and-release system has been
provided, and that system is controlled from each dwelling unit, such
system shall be maintained in good repair and in an operating condition.
e.
Where mailboxes are supplied for the use of occupants, they shall be
maintained in good condition and free of defects at all times. Damaged
boxes or defective locks are to be repaired or replaced.
(13)
Water Supply
a.
Every building required to have a water supply shall be provided with an
adequate supply of potable running water from a source approved by the
authority having jurisdiction.
b.
An adequate supply of hot and cold running water shall be supplied to
every sink, wash basin and bathtub or shower.
c.
Hot water as required
by Sentence 4(13)(b) shall be supplied at a
temperature of not less than one hundred and twenty degrees Fahrenheit
(120 degrees F) (49 degrees C).
d.
Every water closet shall be supplied with an adequate supply of water to
flush the toilet.
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By-law Prescribing Property Standards
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(14)
Plumbing System
a.
All buildings shall have the sanitary facilities connected to a sewage
system approved by the City of Brockville.
b.
Plumbing, drain pipes, water pipes and plumbing fixtures in every building
and every connection line to the sewage system, shall be maintained in
good working order and free from leaks and defects. All water pipes and
appurtenances thereto shall be protected from freezing. Plumbing fixtures
and piping shall conform to the Ontario Building Code.
c.
Waste pipes shall be connected to the sewage system through water seal
traps.
d.
Any connection with the potable water supply that constitutes a cross-
connection shall be corrected in a manner as required by the City of
Brockvi Ile.
e.
Plumbing
systems
on
a
property
shall
be
provided,
installed
and
maintained
in
compliance
with
the
respective
requirements
of
any
applicable Act or By-law; in good working order and good repair; and in a
safe condition.
(15)
Toilet and Bathroom Facilities
a.
Non-residential buildings shall have a minimum of one toilet and one wash
basin supplied with running water located
in an enclosed room and
conveniently accessible to the employees.
b.
Every dwelling unit except as otherwise provided shall contain bathroom
plumbing fixtures consisting of at least one water closet, one wash basin
and one bathtub or shower in accordance with the Ontario Building Code.
c.
All bathrooms and toilet rooms shall be located within and be accessible
from within the dwelling unit.
d.
All bathrooms and toilet rooms shall be fully enclosed and with a door
capable of being closed and locked so as to provide privacy for the
occupant.
(16)
Kitchens
a.
Every self-contained dwelling unit shall contain a kitchen area equipped
with cupboards for storing food, a counter top work area, space for a stove
and refrigerator, and a sink supplied with hot and cold running water.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 16
Cupboards are to be maintained in good repair at all times.
b.
Every kitchen shall have provided
an adequate and
approved gas,
electrical or other fuel supply for cooking purposes and be connected to
approved and certified appliances.
c.
Counter top work areas shall be impervious to moisture and grease, be
kept in good repair and free from defects that may harbour germs or
impede thorough cleansing.
(17)
Heating (HVAC) Systems
a.
It is the responsibility of the owner that all heating and mechanical
systems, and their components be installed, operational and maintained in
good working order.
b.
Only heating equipment approved for use by a recognized standards and
testing authority shall be provided.
c.
No rental residential dwelling unit shall be equipped with portable heating
equipment as the primary source of heat.
d.
Solid fuel burning appliances shall conform to the standards as set out in
the Ontario Building Code. Fireplaces and similar construction used or
capable of being used for burning fuels in open fires shall be connected to
approved chimneys and shall be installed so as not to create a fire hazard
to nearby or adjacent combustible materials and structural members.
e.
If heating equipment burns solid
or
liquid
fuel,
a storage place
or
receptacle for the fuel shall be provided in a safe place and maintained in
a safe condition.
f.
Fuel-burning equipment shall be vented to a flue by means of rigid
connections leading to a chimney or a vent or flue. All flues shall be kept
clear of obstructions.
g.
Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the building.
(18)
Electrical Service
a.
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system. An adequate supply of
electrical power shall be available in all occupied parts of every dwelling,
suite or building.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 17
b.
The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide adequate
capacity for the use of the building and such connections, circuits, wiring
and outlets along with any fuses, circuit breakers and other appurtenances
thereto shall be installed and maintained in good working order.
c.
Extension cords are not permitted on a permanent basis.
(19)
Lighting
a.
Every stairway, exterior exit and entrance doorway, bathroom, toilet room,
kitchen, hall, cellar, basement, laundry, furnace room and non-habitable
work room in a suite, dwelling unit or building shall have a permanently
installed lighting fixture that shall be maintained in a safe condition and
good working order.
b.
Lighting equipment shall be installed throughout every property to provide
adequate illumination for the use of each space so as to provide safe
passage.
(20)
Ventilation
a.
Every habitable space, bathroom or toilet room shall be provided with
either natural ventilation or a mechanical ventilation system in accordance
with the Ontario Building Code.
b.
All systems of mechanical ventilation shall be maintained in good working
order.
c.
All enclosed spaces including basements, cellars, attics or roof space and
crawl spaces, shall be adequately ventilated.
(21)
Fire Prevention Equipment
a.
Fire prevention equipment shall be maintained in good working order so
as
to
effectively
perform
their
intended
function
and
installed
in
accordance with the Ontario Building Code and the Ontario Fire Code.
(22)
Elevators
a.
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 maintained
in a safe condition and in good working order and in
By-law Number 078-2015
By-law Prescribing Property Standards
Page 18
accordance with all governing Provincial Regulations.
(23)
Means of Egress
a.
All means of egress within multiple unit dwellings, converted dwellings or a
non-residential property shall be maintained free from all obstructions or
impediments, be provided with a clear, unobstructed and readily visible
exit sign for every required exit, and be provided with lighting facilities
capable of illuminating the means of egress to ensure safe passage of
persons exiting the building.
b.
Every dwelling and every dwelling unit shall have a means of egress
capable of providing safe, continuous and unobstructed exit from the
interior of the building to the exterior at street or grade level.
c.
Buildings using a fire escape as a secondary means of egress shall
maintain the escape in good condition, free from obstructions and easily
reached through an operable window or door.
(24)
Occupancy Standards
a.
No person shall use or permit the use of a non-habitable space in a
dwelling for a habitable space purpose.
b.
The maximum number of occupants in a dwelling unit shall be based upon
two persons per bedroom.
c.
No room shall be used for sleeping purposes unless it has a minimum
area
of at least
7 square metres
(75 square feet), where
built
in
cabinets/closets are not provided, and no less than 6 square metres (65
square feet) where built in cabinets/closets are provided and no less than
that required by the Ontario Building Code as amended.
d.
Every habitable space shall have a ceiling height of at least 2.1 metres (6
feet,
11 inches) except that at least one-half of any bedroom located
directly beneath a roof and having a sloping ceiling, shall have a ceiling
height of at least 2.3 metres (7 feet, 7 inches) and the floor area of that
part of such room where the ceiling height is less than 1 .4 metres (4 feet,
7 inches) shall not be considered as part of the floor area of the room for
the purpose of determining the minimum sleeping room area.
e.
No portion
of a building shall be occupied
if
it does not meet the
requirements of this By-law.
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By-law Prescribing Property Standards
Page 19
(25)
Vacant Buildings
a.
The owner 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 half-inch or thicker exterior
grade plywood painted a colour compatible with the surrounding walls and
securely fastened by nails or screws.
b.
No partially or completely vacant building shall remain boarded up for a
period longer than 60 days. After the said 60 days or an alternate time
period set by the Property Standards Officer, the owner or agent or other
person responsible, shall forthwith make the necessary repairs to make it
fit for a dwelling or other authorized uses in accordance with the City of
Brockville Zoning By-law.
c.
Where a vacant building is not maintained
in accordance with these
standards it shall be removed from the property and the land or waterfront
property left in a graded level condition.
5. General Prohibition
(1)
Prohibition
a.
No person shall remove an order posted by an Officer.
b.
No person shall fail to comply with an order of an Officer.
c.
No person shall fail to maintain a safe access to a property.
d.
No person shall fail to maintain a fence.
e.
No person shall fail to maintain a building.
f.
No person shall occupy or allow occupancy of a building which fails to
meet human habitation and occupancy standards.
6. Administration and Enforcement
(1)
Officers and Inspectors
a.
The person or persons appointed as Property Standards Officers for the
Corporation
of the
City
of
Brockville
shall
be
responsible
for the
administration and enforcement of this By-law.
b.
Any Building Inspector of the Corporation, any Public Health Inspector of
By-law Number 078-2015
By-law Prescribing Property Standards
Page 20
the Leeds, Grenville and Lanark District Health Unit and any inspector of
the Fire Department of the Corporation are hereby authorized to act as an
assistant to the Property Standards Officer from time to time.
c.
The Property Standards Officer and any person acting under his or her
instruction
may at
all reasonable times and
upon
producing proper
identification enter and inspect any property.
d.
The Property Standards Officer and any person acting under his or her
instructions shall not enter any room or place actually used as a dwelling
without the consent of the occupier except under the authority of a search
warrant issued under Section 21 of the Building Code Act.
(2)
Notice Prohibiting Use of Property
a.
The Property Standards Officer may issue a notice prohibiting the use of
property that does not conform to the standards of this By-law.
b.
The Property Standards Officer may cause a placard to be placed on the
exterior of any building which does not conform to the standards contained
in this By-law. The placard shall state the particulars of the non-conformity
and that the use of the property is prohibited until
it conforms to the
standards set by this By-law. No person shall remove, deface or cover up
any such placard.
(3)
Orders
a.
An Officer who finds that a property does not conform to any of the
standards may make and serve or cause to be served upon or send by
prepaid Registered Mail to such a person an order containing:
i.
The municipal address or legal description of such property,
ii.
Reasonable particulars of the repairs to be effected or a statement that
the site is to be cleared of all buildings, structures, debris or refuse and
left in a graded and levelled condition,
iii. The period in which there must be a compliance with the terms and
conditions of the order and notice that, if such repair or clearance is not
done within the time specified in the order, the Municipality may carry
out the repair or clearance at the expense of the owner,
iv. The final date for giving notice of appeal from the order.
b.
A notice or an order under Sentence 6(2)(a) when sent by Registered Mail
By-law Number 078-2015
By-law Prescribing Property Standards
Page 21
shall be sent to the last known address of the party or parties involved.
c.
If the Officer is unable to effect service under Sentence 6(2)(a) he or she
shall place a placard containing the terms of the order in a conspicuous
place on the property and placing of the placard shall be deemed to be
sufficient service of the order on the owner or other persons.
d.
An order under Sentence 6(2)(a) may be registered in the proper Land
Registry Office and upon such registration any person acquiring any
interest in the land subsequent to the registration of the order shall be
deemed to have been served
with the order on the date on which the
order was served under Sentence 6(2)(a) and when the requirements of
the order have been satisfied, the Clerk of the Municipality shall forthwith
register
in the
proper
Land
Registry
Office
a
certificate that such
requirements have been satisfied, which shall operate as a discharge of
such order.
(4)
Emergency Order
a.
Notwithstanding any other provisions of this By-law, if upon inspection of a
property the Officer is satisfied that there is non-conformity with the
standards
prescribed
in the
By-law to such
extent as to
pose an
immediate danger to the health or safety of any person, the Officer may
make an order containing particulars of the non-conformity and requiring
remedial repairs or other work to be carried out immediately to terminate
the danger.
b.
The order under Sentence 6(4)(a) shall be served on the owner of the
property
and
such
other
persons
affected
thereby
as
the
Officer
determines and a copy shall be posted on the property.
c.
After making an order under Sentence 6(4)(a), the Officer may, either
before or after the order is served, take any measures necessary to
terminate the danger and, for this purpose, the municipality may, through
its employees and agents, at any time enter upon the property in respect
of which the order was made without a warrant.
d.
The Officer, Municipality or 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 power under Sentence 6(4)(c).
(5)
Property Standards Committee
a.
An owner or occupant who has been served with an order made under
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By-law Prescribing Property Standards
Page 22
Sentence 6(3)(a) and who is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a notice of appeal by
registered mail to the secretary of the committee within 14 days after
being served with the order.
b.
An order that is not appealed within the time referred to in Sentence
6(5)(a) shall be deemed to be confirmed.
c.
The committee shall hear the appeal.
d.
On an appeal, the committee has all the powers and functions of the
Officer who made the order and the committee may do any of the
following things if, in the committee's opinion, doing so would maintain the
general intent and purpose of this By-law and the Official Plan or Policy
Statement:
i.
Confirm, modify or rescind the order to demolish or repair.
ii.
Extend the time for complying with the order.
e.
The
Municipality
in which the property
is situated or any owner or
occupant or person affected by the decision under Sentence 6(5)(d) may
appeal to the Superior Court of Justice by notifying the clerk of the
municipality in writing and by applying to the court within 14 days after a
copy of the decision is sent.
f.
The Superior Court of Justice shall appoint, in writing, a time and place for
the hearing of the appeal and may direct in the appointment the manner in
which and the persons upon whom the appointment is to be served.
g.
On the appeal, the judge has the same powers and functions as the
committee.
h.
An order that is deemed to be confirmed under Sentence 6(5)(b) or that is
confirmed or modified by the committee under Sentence 6(5)(d) or a judge
under Sentence 6(5)(g), as the case may be, shall be final and binding
upon the owner or occupant who shall carry out the repair or demolition
within the time and in the manner specified in the order.
(6)
Power of Corporation to Repair
a.
If an order of an Officer under Sentence 6(3)(a) is not complied with in
accordance with the order as deemed confirmed or as confirmed or
modified by the committee or a judge, the municipality may cause the
property to be repaired or demolished accordingly.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 23
b.
For the purposes of Sentence 6(6)(a), employees or agents of the
municipality may enter the property at any reasonable time without a
warrant in order to repair or demolish the property.
c.
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 power under Sentence 6(6)(a).
(7)
Municipal Lien
a.
The municipality shall have a lien on the land for the amount spent on the
repair or demolition under Sentence 6(6)(a) and the amount shall be
deemed to be municipal real property taxes and may be added by the
Clerk of the municipality to the collector's roll and collected in the same
manner and shall have priority lien status as described in Section 1 of the
Municipal Act, 2001.
(8)
Certificate of Compliance
a.
Following the inspection of a property, the Officer may, and on the request
of the owner shall, issue to the owner a Certificate of Compliance if, in his
or her opinion, the property is in compliance with the standards. When
such a certificate is issued at the request of the owner, the fee shall be
$50.00.
(9)
Conflicts
-- By-Laws-Standards-Regulations
a.
Where a provision of this By-law conflicts with the provisions of another
By-law, Act or Regulation in force within the municipality, the provision,
which establishes the higher standards to protect the health, safety and
welfare of the occupants and the general public, shall prevail.
(10)
Penalty
a.
An owner who fails to comply with an order that is final and binding under
this By-law is guilty of an offence under Section 36(1) of the Building Code
Act, 5.0. 1992, c.23, and is liable to a penalty or penalties as set out in
Section 36 of that Act.
b.
Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction
is liable to a fine as provided for
in the
Provincial Offences Act R.S.O. 1990, c. P33, as set out in Schedule "A",
Set Fines.
By-law Number 078-2015
By-law Prescribing Property Standards
Page 24
(11)
Transition
a.
An order made pursuant to By-law 31-98, the Property Standards By-law
is continued under and in conformity with the provisions of this by-law so
far as consistently may be possible.
b.
All proceedings taken pursuant to By-law 31-98, the Property Standards
By-law shall be taken up and continued under and in conformity with the
provisions of this by-law so far as consistently may be possible.
c.
In the recovery or enforcement of penalties and forfeitures incurred, or in
any other proceeding in relation to matters that have happened before the
repeal of By-law 31-98, the Property Standards By-law, the procedure
established by this by-law shall be followed so far as it can be adopted.
(12)
Validity
a.
If any provision or article of this By-law is for any reason found to be
invalid by a court of competent jurisdiction, the provision or article found to
be invalid shall be severed from the By-law and the remaining provisions
or articles shall remain in effect until repealed.
(13)
That By-law 31-98 being a By-law prescribing Property Standards within the
City of Brockville be and is hereby repealed.
7. Short Title
(1)
This By-law may be referred to as the "Property Standards By-law".
(2)
This By-law shall come into force and take effect upon its passing.
Given under the Seal of the Corporation of
the City of Brockville and Passed
this 22 day of September, 2015.
Mayor
City Cler
By-law Number 078-2015
By-law Prescribing Property Standards
Page 25
THE CORPORATION OF THE CITY OF BROCKVILLE
By-Law Number 078-2015
A By-law of the Corporation of the City of Brockville Prescribing Property Standards
Part I Provincial Offences Act
Set Fine Schedule
Column 2
Provision
Column
Column I
creating or
3
ITEM
Short form wording
defining offence
SET FINE
1
Removed an order posted by an Officer
5 (1) a
500.00
2
Failed to comply with an order of an Officer
5 (1) b
500.00
3
Failed to maintain a safe access to a property
5 (1) c
500.00
4
Failed to maintain a fence
5 (1) d
500.00
5
Failed to maintain a building
5 (1) e
500.00
Occupied or allowed occupancy of a building
5 (1) f
500.00
6
which
fails
to
meet human
habitation
and
occupancy standards
Note: The general penalty provision for the offences listed above is Sub-section 6(10) of
By-Law 078-2015