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Tunnock Consulting Ltd.
1 Sherbrooke Street East, Unit 302
Perth, Ontario K7H 1A1
Tel. 613 326-0040
Fax. 613 326-0030
E-mail: [email protected]
File P-1745
January, 2008
Town of Bruce Mines
Property Standards By-law
2008-16
Town of Bruce Mines
PROPERTY STANDARDS BY-LAW
i
SECTION 1 - General ...................................................................................................................2
SECTION 2 - Definitions ..............................................................................................................2
SECTION 3 - Maintenance of Accessory Buildings and Yards ................................................8
3.1 Accessory Building, Fences and other Structures ..........................................8
3.2 Drainage .........................................................................................................8
3.3 Garbage Disposal ...........................................................................................9
3.4 Safe Passage for Parking Areas, Walks and Driveways ..............................10
3.5 Sewage .........................................................................................................10
3.6 Yards and Vegetation ...................................................................................10
SECTION 4 - Maintenance of Buildings and Structures .........................................................11
4.1 Structurally Sound .......................................................................................11
4.2 Pest Prevention.............................................................................................11
4.3 Foundations ..................................................................................................12
4.4 Basement and Cellar Floors .........................................................................12
4.5 Dampness .....................................................................................................12
4.6 Insulation......................................................................................................13
4.7 Exterior Walls ..............................................................................................13
4.8 Roofs
........................................................................................................13
4.9 Doors and Windows .....................................................................................14
4.10 Stairs, Porches and Handrails ....................................................................14
4.11 Walls and Ceilings .......................................................................................15
4.12 Floors ...........................................................................................................15
4.13 Egress ...........................................................................................................16
4.14 Air Conditioners...........................................................................................16
4.15 Elevating Devices ........................................................................................16
4.16 Natural Light ................................................................................................17
SECTION 5 - Standards for Use and Occupancy of Buildings ............................................17
5.1 Cleanliness ...................................................................................................17
5.2 Water ............................................................................................................17
5.3 Plumbing ......................................................................................................17
5.4 Toilet and Bathroom Facilities.....................................................................18
5.5 Kitchens .......................................................................................................19
Town of Bruce Mines
PROPERTY STANDARDS BY-LAW
ii
5.6 Garbage, Refuse Storage Rooms and Chutes ..............................................19
5.7 Heating System ............................................................................................19
5.8 Electrical Service .........................................................................................21
5.9 Light .............................................................................................................22
5.10 Ventilation....................................................................................................22
5.11 Fire Safety ....................................................................................................22
5.12 Fire Damage and Demolition .......................................................................23
SECTION 6 - Occupancy Standards for Dwelling ...................................................................24
SECTION 7 - Vacant Lands and Buildings ...............................................................................24
7.1 Vacant Lands ...............................................................................................24
7.2 Vacant Buildings ..........................................................................................25
SECTION 8 - Administration .....................................................................................................25
8.1 Application of By-law..................................................................................25
8.2 Property Standards Officer and Property Standards Committee .................25
8.3 Enforcement .................................................................................................26
8.4 Right to Enter ...............................................................................................28
8.5 Inspection .....................................................................................................28
8.6 Order of Non-Conformity ............................................................................29
8.7 Registration of an Order...............................................................................30
8.8 Emergency Orders and Powers ....................................................................31
8.9 Appeal of an Order.......................................................................................32
8.10 Compliance ..................................................................................................33
8.11 Power of the Town to Repair or Demolish ..................................................34
8.12 Administrative Penalties ..............................................................................34
8.13 Offences .......................................................................................................35
8.14 Offence Penalties .........................................................................................36
SECTION 9 - Authority ..............................................................................................................36
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Property Standards By-law 2008-16
Amended May 28, 2018
THE CORPORATION OF THE TOWN OF BRUCE MINES
BY-LAW NO. ___2008-16____
Being a by-law to provide standards for
the Maintenance and Occupancy of Property
in the Town of Bruce Mines
WHEREAS Section 15.1 (3) of the Building Code Act and amendments thereto, provides that a
Council may pass By-laws for:
(1)
Prescribing standards for the maintenance and occupancy of property within the
municipality or within any defined area or areas and for prohibiting the occupancy
or use of such property that does not conform to the standards;
(2)
Requiring property that does not conform to the standards to be repaired and
maintained to conform with the standards or the site to be cleared of all buildings,
structures, debris or refuse and left in a graded and leveled condition.
AND WHEREAS Section 2.25 of the Official Plan for the Bruce Mines-Plummer Additional
Planning Area includes provisions relating to property conditions, and such Official Plan applies
to the Town of Bruce Mines;
AND WHEREAS Council=s intent in the enforcement of this by-law is to focus on public health
and safety related concerns;
NOW THEREFORE the municipal council of the Corporation of the Town of Bruce Mines
hereby enacts as follows.
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Property Standards By-law 2008-16
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SECTION 1 - GENERAL
1.1_
Short Title
This By-law may be cited as the AProperty Standards By-law@.
SECTION 2 - DEFINITIONS
2.A
Accessory Building
Shall mean a building naturally or normally incidental, subordinate and
exclusively devoted to a main use, building or structure and located on the same
lot therewith.
2.B
Balustrade
Shall mean a protective barrier that acts as a guard around openings in floors or at
the open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways, or other locations to prevent accidental falls from one level to another;
such barrier may or may not have openings through it.
Basement
Shall mean a storey or storeys of a building located below the first storey. The
first storey is the storey with its floor closest to grade and having its ceiling more
than one half above the established above grade.
Bathroom
Shall mean a room containing at least a washbasin and toilet and bathtub or
shower, or two rooms which contain in total at least one washbasin and one toilet
and one bathtub or shower.
Boarding House or Rooming House
Shall mean a dwelling within which a proprietor supplies for a fee, sleeping
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Property Standards By-law 2008-16
Amended May 28, 2018
accommodation with or without meals, for five (5) or more persons but does not
include a bed and breakfast establishment, a hotel, a hostel, a children's home,
Home for the Aged, a rooming house or other establishments otherwise classified
or defined in this by-law.
Building
Shall mean any structure used or intended for sheltering any use or occupancy.
The word Abuilding@ shall include the whole of such structure or part thereof and
shall include any building types as regulated by the Ontario Building Code.
2.C
Cellar
Shall mean any storey below the first storey which is more than 50% below
finished grade (measured from finished floor to finished ceiling).
Commercial Property
Shall mean a property used for the sale of goods and/or services for the purposes
of this By-law shall include office buildings, public halls, licensed premises and
private clubs, and any building that is used in conjunction with these.
Committee
Shall mean the Property Standards Committee as established under this By-law.
Corporation
Shall mean the Corporation of the Town of Bruce Mines.
2.D
Dwelling
Shall mean a building or part of a building occupied or capable of being occupied
as the home or residence, or sleeping place, by one or more persons, where food
preparation and sanitary facilities are provided, but shall not include a hotel or
motel.
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Property Standards By-law 2008-16
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Dwelling Unit
Shall mean one or more habitable room or suites of two or more rooms, designed
or intended for use by and occupied by one or more individuals as a household in
which separate culinary and sanitary facilities are provided for the exclusive use
of such household, and with a private entrance from outside the building or from
a common hallway or stairway inside the building.
2.F
Fence
Shall mean any barrier or structure constructed of chain link metal, wood, stone,
metal, brick or other similar materials or combinations of such materials which is
erected for the purpose of screening, safeguarding, retaining or enclosing property
or delineating property lines. A fence may include a solid or continuous hedge as
a component.
Fire Resistance Rating
Shall mean the time in hours that a material construction or assembly will
withstand the passage of flame and transmission of heat when exposed to fire
under specified conditions of test and performance criteria as stated in the Ontario
Building Code.
2.G
Graffiti
Shall mean one or more letters, symbols or marks, howsoever made, that disfigure
or deface a property or object, but does not include an authorized sign.
2.H
Habitable Room
Shall mean a room commonly used for living purposes, including a bedroom and
a kitchen but not including any space in a dwelling used as a lobby, hallway,
closet, or bathroom or any room having floor space of less than 4.6 m2 [49.5 ft.2].
2.I
Industrial Property
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Property Standards By-law 2008-16
Amended May 28, 2018
Shall mean a property used for the manufacturing and/or processing of goods or
used for the storage of goods or raw materials and any property that is used in
conjunction with these uses.
2.M
Maintenance
Shall mean the preservation and keeping in repair of a property.
Means of Egress
Shall mean a continuous path of travel provided by a doorway, hallway, corridor,
exterior passageway, balcony, lobby, stair, ramp, window, or other egress facility
for the escape of persons from any point within a building, floor area, room or
contained open space to a public thoroughfare or approved open space and
includes exits or access to exists.
Multiple Unit Dwelling
Shall mean a separate building designed exclusively to contain three (3) or more
dwelling units.
Multiple Use Building
Shall mean a building containing both a dwelling unit and a non-residential use.
2.N
Non-Habitable Space
Shall mean any space in a dwelling or dwelling unit other than a habitable room,
and includes any bathroom, toilet room, laundry, pantry, lobby, communicating
corridor, stairway, closet, boiler room or other space for service and maintenance
or common use, and for access to and vertical travel between storeys; and any
unfinished basement.
2.O
Occupant
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Property Standards By-law 2008-16
Amended May 28, 2018
Shall mean any person or persons over the age of eighteen years in possession of
the property.
Occupancy
Shall mean the use or intended use of a building or part thereof for the shelter or
support of persons, animals or property.
Officer
Shall mean a property standards officer as may from time to time by Council be
assigned the responsibility of administering and enforcing this By-law.
Owner
Shall mean the person for the time being paying the municipal taxes or managing
or receiving the rent of the land or premises in connection with which the word is
used whether on his 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 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 the property.
2.P
Property
Shall mean 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.
Public Building
Shall mean a building which is staffed by government personnel for the purpose
of servicing the public.
2.R
Repair
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Property Standards By-law 2008-16
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Shall mean the provision of such facilities and the making of additions or
alterations or the taking of such actions as may be required so that the property
shall conform to the standards established in this By-law. All repairs shall be
made in conformity to the Ontario Building Code, the Ontario Water Resources
Act, the Electrical Safety Code, the Fire Code the Environmental Protection Act,
the Elevating Devices Act and similar legislation.
Residential Property
Shall mean 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 land or buildings that are appurtenant to such an
establishment.
Roomer or Lodger
Shall mean a person harboured, received or lodged, in a lodging house or
boarding house in return for compensation.
2.S
Sewage
Shall mean any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, but does not include roof water or other storm runoff.
Sewage System
Shall mean the Town=s sanitary sewage disposal system approved by the Medical
Officer=s of Health and/or the Ministry of the Environment or an individual on-
site sewage system approved under the Building Code Act or the Environmental
Protection Act.
Standards
Shall mean the standards of physical conditions and occupancy set out in this By-
law.
2.T
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Property Standards By-law 2008-16
Amended May 28, 2018
Toilet Room
Shall mean a room containing a water closet and washbasin.
2.W
Wall
Shall mean the solid vertical structure forming any one of the sides of a building
and/or a partition forming the side of a room.
2.Y
Yard
Shall mean an open, uncovered space appurtenant to any property or any part of a
building or structure and used or intended to be used or capable of being used in
connection with said property.
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Property Standards By-law 2008-16
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SECTION 3 - MAINTENANCE OF ACCESSORY BUILDINGS AND YARDS
3.1
Accessory Buildings, Fences and Other Structures
3.1.1 Accessory buildings, fences and other structures, including retaining walls
appurtenant to the property shall be maintained in a structurally sound
condition and in good repair and free from health, fire and accident
hazards.
3.1.2 Accessory buildings, fences and other structures shall be protected from
deterioration by the application and maintenance of weather resistant
materials (i.e. paint or other suitable preservative) or through the use of
maintenance free construction materials.
3.1.3 Despite Section 3.1.2, preservatives may be exempted where the aesthetic
characteristics of the building are specifically designed to be enhanced by
the lack of such materials and the standards in Section 3.1.1 are upheld.
3.1.4 Fences, approved enclosures and retaining walls around or on a property
shall be kept free from posters, signs, notices, advertising materials or
defacement or disfigurement. Fences and gates around swimming pools
shall also be maintained in accordance with By-law 2007-26.
3.1.5 Accessory buildings, fences or structures shall be repaired or removed or
demolished in part or in whole where the offending part of the building is
not in accordance with the prescribed standards.
3.1.6 Temporary shelters for the seasonal (winter) shelter or protection of
vehicles or recreational equipment that are constructed using a fabric
cover (e.g. plastic, vinyl, canvas) shall only be permitted to be erected and
maintained between November 1 and April 30. All components of the
temporary shelter (except for permanent anchors embedded in the ground
or concrete) shall be dismantled, removed and stored between April 30
and November 1 of any calendar year.
3.2
Drainage
3.2.1 No person shall maintain or change the grade, swales, open ditches or
other drainage features on a property so as to cause recurrent or excessive
ponding or the entrance of water into a basement or cellar.
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Property Standards By-law 2008-16
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3.2.2 All stormwater facilities on a property or serving a property shall be
maintained in working order and free of blockages that might impede
drainage as per water/waste water by-law(s)
3.2.3 No natural soil, topsoil, road gravel, salt or other fill material shall be
permitted to erode by the action of wind or stormwater runoff if such
material is being carried onto adjacent property or into a lake, stream,
ditch or water course.
3.2.4 No roof drainage or sump pump shall be discharged on sidewalks, stairs of
the premises or onto neighbouring property.
3.3
Garbage Disposal
3.3.1 Garbage, rubbish and other debris from a property shall be promptly
stored in receptacles and made available for removal.
3.3.2 Every garbage and refuse receptacle shall be constructed of watertight
material, provided with a tight fitting cover and shall be maintained in a
clean and odour free condition at all times. Where an exterior bulk or roll-
off container refuse system is used, it shall be equipped with covers or
similar devises which shall be readily openable, but not left open when
actively being loaded or emptied, shall be large enough for the
containment of all refuse generated between collections by the occupants
served and shall not be loaded beyond the top of the container. Despite
this provision, the temporary storage of waste materials from the
demolition, repair or alteration of a building or part thereof may be placed
on the property or in a designated dumpster, provided it is remove
frequently and in its entirety from the property and provided it does not
cause a risk to public health or safety.
3.3.3 Where private containerized garbage pickup is provided, such containers
shall be placed behind the building line and kept in a neat and tidy
condition.
3.3.4 Garbage of an inflamable, toxic or hazardous nature shall be stored safely
or removed immediately from the property unless otherwise authorized
under a valid Certificate of Approval issued by the Ministry of the
Environment.
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Property Standards By-law 2008-16
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3.3.5 Every residential property shall be maintained in a clean, sanitary and safe
condition and shall dispose of garbage and debris on a regular basis.
3.3.6 The occupant of a residential property may provide for a compost pile,
provided that the compost pile is no larger than 1 m2 [10.76 ft.2] in area
and no higher than 1.8 m [5.9 ft.] in height and is enclosed on all sides by
concrete block or lumber or other suitable materials or stored within a
commercially manufactured plastic container designed for composting,
either of which is maintained in a condition to prevent undue odours or
vermin.
3.4
Safe Passage for Parking Areas, Walks and Driveways
3.4.1 Steps, walks, walkways and driveways shall be maintained so as to afford
safe passage under normal use and weather conditions be it in any season
or during the day or night
3.4.2 All areas used for vehicular traffic and parking shall have a surface that
shall be kept in a safe condition for vehicular or pedestrian traffic.
3.5
Sewage
3.5.1 Sewage or organic waste shall only be discharged into a sewage system
approved under the Building Code Act or the Environmental Protection
Act.
3.5.2 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.
3.5.3 All septic tanks shall be maintained in proper working order and shall be
pumped out on a regular basis in accordance with the occupancy of the
building or dwelling.
3.6
Yards Vehicles and Vegetation
3.6.1 All yards, including vacant lots, shall be kept clean and free from:
1.
Garbage, rubble, litter, waste, construction materials or other
debris that constitutes an unsafe condition or public health concern.
2.
Noxious plants as defined in the Weed Control Act such as
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Property Standards By-law 2008-16
Amended May 28, 2018
ragweed, poison ivy, poison oak, poison sumac or similar noxious
vegetation.
3.
Heavy growth or undergrowth and excessive growth of grass or
weeds shall not be permitted. Grass on lawns or boulevards or
landscaped areas on any lot including a vacant lot shall be
maintained in a trimmed, mowed or cut condition with a height not
to exceed of 20.2 cm [8 inches] and shall be kept free of weeds and
noxious plants. Hedges and bushes shall be kept trimmed to a
suitable height and shall not be overgrown or unsightly. A yard
which is cultivated to permit natural uncut grasses (i.e. vetch) and
alternative gardening or landscaping methods may be permitted at
the discretion of the Chief Property Standards Officer.
4.
Dead, decaying or damaged trees or other natural growth which
create an unsafe condition, fire hazard or public health concern.
5.
Holes, pits or trenches, ditches which create an unsafe condition.
Holes and excavations which are necessary for or part of a use
lawfully situated on private property shall be kept in a safe
condition and where necessary for safety reasons, shall be
barricaded or fenced.
6.
Any vehicle, including a trailer, boat, snowmobile, recreational
vehicle, machinery or part thereof or junk which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition, except:
A.
in an establishment licensed or authorized to conduct and
operate such a repair or restoration or resale business;
B.
for an occupant of any premises who is repairing or
restoring a vehicle or equipment for personal use provided
such repair or restoration is actively carried on; or
C.
for historic vehicles or other vehicles or equipment which
are stored inside an enclosed building and are being
repaired, restored or conserved for personal use.
7.
Any transport trailer, bus, truck or other vehicle used for long term
storage of any goods except as authorized by the zoning by-law,
By-law No. 2007-26, as amended.
8.
Dilapidated, collapsed or partially constructed structures where not
covered by a currently valid building or demolition permit.
3.6.2 Section 3.6.1.3 shall not apply to any property in the Open Space (OS)
Zone, Open Space Wetland (OSW) or Mine Hazard (MH) Zone as
provided for in By-law 2007-26, the Zoning By-law, unless the property is
used or occupied by a residential use or non-residential use and buildings
exist on the property.
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Property Standards By-law 2008-16
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SECTION 4 - MAINTENANCE OF BUILDINGS AND STRUCTURES
4.1
Structurally Sound
4.1.1 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
load and any load to which it may be subject i.e. snow load.
4.1.2 Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
4.2
Pest Prevention
4.2.1 All property shall be kept free of rodents, vermin, and insects at all times
and methods used for exterminating rodents, vermin, or insects shall be in
accordance with the provisions of the Pesticides Act, as amended from
time to time and all regulations passed pursuant thereto.
4.2.2 Basement and cellar windows or ventilators used or required for
ventilation, and any other openings in a basement or cellar including a
floor drain, that might permit the entry of rodents, insects or vermin, shall
be screened with wire mesh, metal grill or other durable material to
prevent entry.
4.3
Foundations
The foundations and foundation walls of every building or structure or part
thereof shall be structurally sound and maintained to adequately support the loads
imposed and to provide a dry basement or crawl space. Foundations shall be
maintained free of leaks and defective mortar joints or masonry and jacking,
underpinning or shoring shall be provided where necessary for structural support.
Foundation walls and exposed beams, joists or other wood members shall be
waterproofed and dampproofed to prevent the entry of moisture or water into the
basement cellar or crawl space. Floor drains, building drains and foundation or
subsoil drains shall be maintained in proper working order.
All buildings, except for slab-on-grade construction, shall be supported by
foundation walls or piers which extend below the frost line or to solid rock or
which are designed and constructed in accordance with the Building Code Act.
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Property Standards By-law 2008-16
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4.4
Basement and Cellar Floors
4.4.1 Every basement and cellar shall have a floor of concrete, masonry or other
impervious material and where a floor drain is necessary it shall be located
at the lowest part of the said floor and not connected to the storm sewer
system.
4.4.2 Basements, cellars or crawl spaces which are not served by a stairway
leading from the building or from outside the building may have a dirt
floor provided it is covered with a moisture proof covering.
4.5
Dampness
The interior floors, ceilings and walls shall be kept free from dampness arising
from the entrance of moisture through an exterior wall or a roof, or through a
cellar, basement or crawl space floor.
4.6
Insulation
The insulation requirements of the Ontario Building Code as amended from time
to time, shall be complied with where necessary and practical.
4.7
Exterior Walls
4.7.1 The exterior walls, and other components of a building, including soffits,
and fascia shall be kept in good repair and free from loose, cracked, rotted,
warped and broken materials or loose masonry units, stucco and other
defective cladding or trim. Any defective materials shall be removed,
repaired or replaced.
4.7.2 All exterior surfaces shall be of materials which provide adequate
protection from the weather and shall be maintained with paint or other
suitable preservative or coating to prevent deterioration due to weather
conditions, insects or other damage.
4.7.3 The exterior walls and their components shall be adequate to support the
loads upon them and shall have an acceptable cladding or covering, free of
holes, cracks or excessively worn surfaces, to prevent the entry of
moisture into the structure and provide reasonable durability and shall be
so maintained by the painting, restoring or repairing of the walls, coping
or flashing and by the waterproofing of joints and of the walls themselves.
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Property Standards By-law 2008-16
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4.7.4 Exterior walls and their components shall be maintained free of
inappropriate signs, painted slogans, graffiti and similar defacements.
4.8
Roof
4.8.1 All roof construction components shall provide adequate support for all
probable loads, and form a suitable base for the roof covering. The roof
including shingles or other roof covering, the fascia board, soffit, cornice
and flashing shall be maintained in a watertight condition so as to prevent
leakage of water into the building, and where necessary shall be
maintained by the repair of the roof and flashing, or by applying
waterproof coatings or coverings.
4.8.2 Accumulations of excessive or dangerous ice or snow or both shall be
promptly removed from the roofs of any building or structure.
4.8.3 Where eavestroughing and roof gutters are provided, they shall be kept in
good repair and working order, free from obstructions and shall be
properly secured to the building.
4.8.4 Transmitting and receiving devices, chimneys, waste pipes, vents, rooftop
air conditioning and heating equipment or structures, solar heating
equipment and other roof structures shall be maintained in a safe and
operable condition.
4.9
Doors, Windows and Security Systems
4.9.1 All exterior openings shall be fitted with doors and windows.
4.9.2 Windows, exterior doors, skylights, basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draft-free, so as to
prevent heat loss and the infiltration of wind or rain or other elements.
4.9.3 Rotted or damaged doors, door frames, window frames, sashes and
casings, or weatherstripping, broken glass and missing or defective door
and window hardware shall be repaired or replaced.
4.9.4 All windows intended to be opened and all exterior doors shall have
suitable hardware so as to allow locking or otherwise securing from inside
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Property Standards By-law 2008-16
Amended May 28, 2018
the building. Every window in a leased dwelling that is located above the
first storey of a multiple dwelling shall be equipped with an approved
safety devise that would prevent any part of the window from opening
greater that would permit the passage of a 100 mm diameter [3.9 inches]
sphere and such safety device shall not prevent the window from being
fully opened during an emergency situation by an adult without the use of
tools.
4.9.5 All shutters on windows shall be maintained in good repair, including
painting, replacing or other suitable means to prevent deterioration due to
weather and insects.
4.9.6 Solid core doors shall be provided for all entrances for reasons of security,
fire separation, noise barriers and heat loss.
4.9.7 In buildings where there is a voice communication system, a security or
alarm system or fire alarm system, all systems shall be maintained in good
working order at all times.
4.10
Stairs, Porches, Balconies, Handrails, Balustrades and Decks
4.10.1 Every inside and outside stair, and every porch, balcony or landing
appurtenant to it, shall be maintained so as to be free of holes, cracks and
other defects which constitute accident hazards, and all treads or risers that
are broken, warped or loose, or show excessive wear and all supporting
structural members that are rotted or deteriorated, shall be repaired or
replaced.
4.10.2 Every stairwell or open stairway with five or more risers leading to a
higher storey or to a basement, and every balcony or landing shall be
equipped with handrails or balustrades, maintained in good repair so as to
provide adequate protection against accident or injury.
4.10.3 A balustrade 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 inches]. The latter shall apply to an
exterior deck.
4.10.4 A handrail shall be installed and maintained in good repair in all
stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades and
handrails shall be constructed and maintained rigid in nature.
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4.11
Walls and Ceilings
4.11.1 Every wall and ceiling finish shall be maintained so as to be free of holes,
cracks, loose coverings or other defects and which would permit flame or
excessive heat to enter a concealed space. Walls surrounding showers and
bathtubs shall be impervious to water.
4.11.2 Where dwelling units are separated vertically, the dividing walls from the
top of the footings to the underside of the roof deck, and any space
between the top of the wall and the roof deck shall be tightly sealed by
caulking, mineral wool or similar non-combustible material, and such
walls shall conform to the fire resistance ratings contained in the Ontario
Building Code.
4.12
Floors
4.12.1 Every floor shall be smooth and level and be maintained so as to be free of
all loose, warped, protruding, broken or rotted boards or other floor
covering that might cause an accident and all defective floor boards shall
be repaired or replaced.
4.12.2 Every floor in a bathroom, toilet room, kitchen, shower room, laundry
room shall be maintained so as to be impervious to water and which can
be readily cleaned.
4.13
Egress
4.13.1 Every residential building shall have a safe, continuous and unobstructed
passage from the interior of the dwelling to the outside at a street, outer
court or at grade level. In the case of a one family dwelling, there shall be
at least two exits suitably remote from each other, from the first storey.
4.13.2 Every dwelling which contains dwelling units located other than on the
ground floor shall be provided with a second means of egress.
4.13.3 In the case of a multiple dwelling, wherever there are not two means of
egress from each apartment, suitably remote from each other, there shall
be ready access to at least two means of egress leading to separate and
independent exits.
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4.13.4 A required exit shall not pass through an attached garage, or built-in
garage or an enclosed part of another dwelling unit.
4.13.5 All Commercial, Institutional and Industrial buildings shall be provided
with exists of size and number so as to be in compliance with the
requirements of the Ontario Building Code, as amended from time to time
for the appropriate group and division.
4.14
Air Conditioners
All air conditioners shall be maintained in a safe mechanical and electrical
condition and shall not adversely affect areas beyond the limits of the property by
reason of noise or condensation drainage.
4.15
Elevating Devices
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 and inspected as required by the Elevating Devices Act.
4.16
Natural Light
Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly to an outside
space which is at least 15 cm [6 inches] above the adjoining finished grade and
provides unobstructed light transmitting area which is not less than ten (10)
percent of the floor area for the living and dining rooms and five (5) percent for
bedrooms or other finished rooms. The glass area of a sash door may be
considered as a portion of the required window area.
SECTION 5 - STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
5.1
Cleanliness
Every floor, wall, ceiling and fixture in any building shall be maintained in a
clean and sanitary condition, and the building shall be kept free from rubbish,
debris or conditions which constitute a fire, accident or health hazard.
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5.2
Water
5.2.1 Every dwelling, dwelling unit, commercial, institutional or industrial
building shall be provided with an adequate supply of potable water from
a source approved by the Medical Officer of Health.
5.2.2 Every sink, washbasin, bathtub, or shower required by this by-law shall
have an adequate supply of hot and cold running water.
5.2.3 Adequate running water shall be supplied to every water closet.
5.2.4 Where a water supply system is provided to a building intended or used on
a year-round basis, such system shall be maintained so as to prevent it
from freezing.
5.3
Plumbing
5.3.1 Sewage shall be discharged into a sewage system approved under the
Building Code Act or the Environmental Protection Act, whichever is
applicable.
5.3.2 All plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the sewerage system shall be
maintained in good working order and be protected from freezing.
5.3.3 The plumbing system shall provide a satisfactory potable hot and cold
water supply and an appropriate drainage or waste pipe system including
venting.
5.3.4 Every water heater shall have sufficient capacity to provide an adequate
supply of hot water at all times in all parts of every building, dwelling
unit, or shared facility.
5.3.5 All plumbing fixtures shall be connected to the sewage system through
water seal traps.
5.3.6 Every fixture shall be of such material, 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 cleaning and free from
blemishes, cracks, stains or other defects that may harbour germs or
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impede thorough cleansing.
5.3.6 All wells and well casings shall be maintained in accordance with Ontario
Regulation 903, as amended, and any casings wich are cracked, shall be
repaired.
5.4
Toilet and Bathroom Facilities
5.4.1 Every dwelling unit except as provided in subsection 5.4.2 hereof, shall
contain fully operational plumbing fixtures consisting of at least:
1.
One water closet, and
2.
One kitchen sink, and
3.
One washbasin, and
4.
One bathtub or shower
5.4.2 The occupants of not more than two dwelling units may share a water
closet, washbasin and bathtub or shower, provided:
1.
Not more than a total of eight persons occupy both dwelling units,
2.
Access to the fixtures can be gained without going through rooms
of another dwelling unit or outside the dwelling.
5.4.3 In a rooming house there shall be a water closet, washbasin and bathtub or
shower for not more than eight persons and these facilities shall be located
on the same storey as, or on the next storey up or down from the storey on
which the room or dwelling unit is located.
5.4.4 Every Commercial, Institutional and Industrial building shall contain
plumbing fixtures in accordance with the appropriate Provincial
legislation.
5.4.5 All bathrooms and toilet rooms shall be located within and be accessible
from within the building which it serves.
5.4.6 All bathrooms and toilet rooms shall be fully enclosed and have a door
capable of being locked so as to provide privacy for the occupant.
5.4.7 Where practical a washbasin shall be located in the same room as the
water closet.
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5.4.8 No facilities for the preparation, cooking, storage or consumption of food
or for sleeping shall be within a room that contains a toilet.
5.5
Kitchens
5.5.1 Every kitchen area shall be equipped with a sink served with hot and cold
running water, storage facilities and counter top work area and space shall
be provided for a stove and a refrigerator.
5.5.2 The splash back and counter top around the kitchen sink shall have an
impervious surface.
5.5.3 Every kitchen shall have provided an adequate and approved gas or
electrical supply for cooking purposes and there shall be at least 76 cm [30
inches] clear space above any exposed cooking surface.
5.6
Garbage, Refuse Storage Rooms and Chutes
Where garbage, refuse storage rooms and chutes are provided they shall be in
conformity with the Ontario Building Code as amended from time to time, and
maintained in a clean and sanitary condition.
5.7
Heating System
5.7.1 Every dwelling and/or dwelling unit shall be provided with a heating
system capable of maintaining a room temperature of 21 C [70 F] at -
20.5 C [-5 F] outside, at 1.5 m [4.92 ft.] above floor level and 0.9 m
[2.95 ft.] from the exterior walls in all habitable rooms, bathroom and
toilet rooms and not less than 16 C [61 F] in an unfinished basement or
cellar. Crawl spaces need not be heated.
5.7.2 The heating system required by Section 5.7.1 shall be maintained in good
working condition so as to be capable of heating the dwelling safely to the
required standard.
5.7.3 No heating appliance or device shall be located closer than 60 cm [24
inches] to any combustible material unless protected, nor placed so as to
impede the free movement of persons within the room where it is located.
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5.7.4 A space that contains a heating unit shall have natural or mechanical
means of supplying air in such quantities to provide adequate combustion.
5.7.5 Where a heating system, or part of it, or any auxiliary heating system,
burns solid or liquid fuel, a space or receptacle for the storage of the fuel
shall be provided and maintained in a convenient location and properly
constructed so as to be free from fire or accident hazards.
5.7.6 Fuel-burning equipment shall be vented to a duct by means of rigid
connections leading to a chimney or a vent or flue.
5 .7.7 Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the dwelling.
5.7.8 All flues shall be kept clear of obstruction, all open joints shall be sealed
and all broken and loose masonry shall be repaired.
5.7.9 Fireplaces and similar construction used or intended to be 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.
5.7.10 In multiple dwellings provided with a central heating system, the heating
unit shall be located in a separate room having walls, ceilings and doors all
of which shall have the appropriate fire resistance rating as required by the
Ontario Building Code.
5.7.11 In all commercial, institutional or industrial buildings provided with a
central heating system, the heating unit shall be located in a separate room,
having walls, ceilings and doors, all of which have the appropriate fire
resistance rating as required by the Ontario Building Code.
5.7.12 Outdoor furnaces are not allowed.
5.8
Electrical Service
5.8.1 Electrical installations, including the service capacity of the installation
and the number and distribution of circuits, shall conform to the Ontario
Electrical Safety Code.
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5.8.2 Every habitable room, except for a kitchen, shall contain at least one
electrical duplex convenience outlet. There shall be an additional duplex
convenience outlet for each 9.4 m2 [101.2 ft.2] of floor area in excess of
11.2 m2 [120.5 ft.2].
5.8.3 Every kitchen shall have at least two electrical duplex convenience outlets,
which shall be on separate circuits. One such outlet shall be provided over
the counter top work surface and one shall be provided at the refrigerator
space. In addition, an outlet shall be provided in a dining area forming
part of a kitchen.
5.8.4 Fuses or overload devices shall not exceed limits set by the Hydro Electric
Power Commission of Ontario.
5.8.5 A permanent electrical light fixture shall be installed in every bathroom,
toilet room, laundry room, furnace room, kitchen, hallway, basement,
cellar and non-habitable work or storage area.
5.8.6 Extension cords shall not be permitted on a permanent basis.
5.8.7 The electrical wiring and all electrical fixtures, switches, receptacles and
appliances located or used in any building shall be installed and
maintained in good working order so as not to cause fire or electrical
shock hazards.
5.8.8 Lighting, fixtures and appliances installed throughout a building including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination so as to avoid public health or accident hazards
under normal use.
5.9
Lighting
5.9.1 Every public hall and stairway and stairwell in all buildings shall be
illuminated at all times so as to provide safe passage.
5.9.2 All non-residential establishments shall install and maintain sufficient
windows, skylights and lighting fixtures 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 the use of
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enjoyment of neighbouring properties.
5.10
Ventilation
5.10.1 Every habitable room including a kitchen shall have an opening or
openings for natural ventilation from the outside. Such opening or
openings shall have a minimum aggregate unobstructed free flow of air of
at least 0.28 m2 [3 ft.2] and shall be located in the exterior walls or
through openable parts of skylights.
5.10.2 Openings for natural ventilation may be omitted from a kitchen, living or
living-dining room, basement, cellar and crawl space if mechanical
ventilation is provided which changes the air once every hour.
5.10.3 Every bathroom or room containing a water closet, shall be provided with
an opening or openings for natural ventilation located in an exterior wall
or through openable parts of skylights and all such openings shall have a
minimum aggregate unobstructed free flow area of .093 m2 [1 ft.2] except
said opening may be omitted where a system of mechanical ventilation has
been provided, such as an electrical fan with a duct leading to outside the
dwelling.
5.10.4 All systems of mechanical ventilation or air conditioning shall be
maintained in good working order.
5.10.5 Every basement, cellar, and unheated crawl space shall be adequately
vented to the outside air by means of screened windows which can be
opened or by louvres with screened openings.
5.11
Fire Safety
5.11.1 Every dwelling shall be equipped with at least one smoke alarm per storey
which shall be maintained in a good and operable condition at all times.
5.11.2 The warehousing or storage of material or operative equipment that is
required for the continuing operation of an industrial or commercial aspect
of a 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.
5.11.3 Emergency lighting that is installed or required in any building or on any
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property shall be maintained in a good an operable condition at all times.
5.11.4 The surface area and width of any designated fire routes shall be
maintained in a condition suitable for the bearing and maneuvering of
emergency vehicles and shall remain unobstructed at all times and all
seasons.
5.12
Fire Damage and Demolition
5.12.1 In the event of a fire, measures shall be taken as soon as possible to make
the damaged building safe and compatible with the surrounding
environment through such measures as:
1.
Cleaning any smoke or water damaged surfaces exposed to view
2.
Refinishing such exposed surfaces so that they are in harmony with
adjoining undamaged surfaces and the general environment.
3.
Repairing of fire damaged surfaces.
In the event a building is destroyed beyond the point of repair or
restoration, as a measure of public safety, the building shall be demolished
and removed forthwith from the site and the site shall be graded and
leveled. In the interim of any authorized repair or, restoration of a fire
damage building or in the interim of the demolition and/or removal, the
site and/or building shall be secured to prevent access by the general
public.
5.12.2 Where a building or structure is being demolished, every precaution shall
be taken to protect any adjoining property and members of the public from
accident hazards. Such precautions shall include the erection of fences or
barricades and all other means of protection necessary in respect thereto.
5.12.3 No building shall be reoccupied which is deemed to be unsafe for human
occupancy.
SECTION 6 - OCCUPANCY STANDARDS FOR DWELLINGS
6.1
No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
6.2
The maximum number of occupants in a dwelling or dwelling unit shall not
exceed one person per 9.4 m2 [101.1 ft.2] of habitable room floor area.
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6.3
For the purpose of computing the maximum number of occupants in subsection
6.2 any child under twelve years of age shall be deemed one-half person.
6.4
For the purpose of computing the habitable room floor area in subsection 6.2 the
floor area under a ceiling which is less than 2.1 m [6.88 ft.] high shall not be
counted. If a finished ceiling is not applied to the underside of the joists, then the
area shall not be deemed as habitable room space.
6.5
No room in any dwelling shall be used for sleeping purposes unless there is a
minimum width of 2 m[6.56 ft.] and a minimum floor area of 7 m2 [75.3 ft.2]. At
least one-half of the required minimum floor area shall have a ceiling height of
2.1 m [6.88 ft.] and no floor area with a ceiling height of less than 1.37 m [4.49
ft.] shall be counted.
6.6
Any basement, or portion thereof, used as a dwelling unit shall conform to the
following requirements:
1.
Each habitable room shall comply with all the requirements set out in this
By-law.
2.
Floors and walls shall be constructed so as to be dampproofed and
impervious to water leakage.
3.
Each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code.
4.
Access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room.
SECTION 7 - VACANT LANDS AND BUILDINGS
7.1
Vacant Lands
7.1.1 Vacant land shall be maintained to the standards as described in Section
3.6 of this By-law.
7.1.2 Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent or excessive ponding of water.
7.2
Vacant Buildings
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7.2.1 Vacant buildings shall be kept cleared of garbage, rubble 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 building.
7.2.2 Every vacant building shall be boarded up 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 in a color compatible with the surrounding walls and which is
securely fastened.
SECTION 8 - ADMINISTRATION
8.1
Application of By-law
8.1.1 This By-law shall apply to all properties within the limits of the Town of Bruce
Mines.
8.1.2 If a court of competent jurisdiction should declare any section of this By-law to be
invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of this By-law, and it is
hereby declared that the remainder of this By-law shall be valid and shall remain
in force
8.1.3 Where a provision of this By-law conflicts with a provision of another By-
law in force in the Town, the provisions that establish the higher standard to
protect the health, safety and welfare of the general public shall prevail.
8.2
Property Standards Officer and Property Standards Committee
8.2.1 For the purpose of this By-law, there is hereby established a Property Standards
Committee.
8.2.2 The Committee shall comprise of Council of the Town of Bruce Mines.
8.2.3 The Committee shall elect a chair and a secretary from amongst themselves.
When the Chair is absent through illness or otherwise, the Committee may
appoint another member as "Acting Chair".
8.2.4 A simple majority of the members constitutes a quorum for transacting the
Committee's business.
8.2.5 Members of the Committee shall remain in office at the pleasure of Council.
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8.2.6 Council shall forthwith fill any vacancy that occurs in the members of the
Committee.
8.2.7 The members of the Committee shall be paid such compensation as the Council
may provide by resolution
8.2.8 The secretary shall keep on file the records of all official business of the
Committee, including records of all applications and minutes of all decisions
respecting those applications, and the Municipal Act, 2001 applies with
necessary modifications to the minutes and records
8.2.9 The Committee shall give notice or direct that notice be given of the hearing of an
appeal to such persons as the Committee considers advisable.
8.3
Enforcement
8.3.1
This By-law shall be administered and enforced by the Property Standards
Officer. The Property Standards Officer may assign duties to such persons as
necessary to carry out the administration and enforcement of this By-law and the
applicable provisions of the Building Code.
8.4
Right to Enter
8.4.1
An officer or any person acting under his or her instructions may, at any
reasonable time and upon producing proper identification, enter upon any property
at any reasonable time without a warrant for the purpose of inspecting the property
to determine:
a.
Whether the property conforms with the standards described in this By-
law; and/or
b.
Whether a property standards order has been complied with.
8.4.2
Despite subsection 8.4.1, an officer shall not enter any room or place actually
used as a dwelling unless:
a.
the consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused, and entry made only
under the authority of a warrant issued under the Building Code Act;
b.
a warrant issued under the Building Code Act is obtained;
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c.
the delay necessary to obtain a warrant or the consent of the
occupier would result in an immediate danger to the health or safety of any
person;
d.
the entry is necessary to terminate a danger as determined under
subsection 15.7(3) of the Building Code Act; or
e.
the entry is necessary to repair or demolish the property in
accordance with an order issued under this By-law and the officer, within a
reasonable time before entering the room or place, serves the occupier with
the notice of the officer's intention to enter the room or place.
8.5
Inspection
8.5.1
For the purposes of an inspection under this By-law, an officer and any person
acting under the officer's instructions may:
a.
require the production for inspection of documents or things,
including drawings or specifications that may be relevant to the building or
part thereof;
b.
inspect and remove documents or things relevant to the building
or part thereof for the purpose of making copies or extracts;
c.
require information from any person concerning a matter related
to a building or part thereof;
d.
be accompanied by a person who has special or expert knowledge
in relation to building or part thereof;
e.
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs for the
purposes of the inspection; and
f.
order any person to take and supply at that person's expense such
tests and samples as are specified in the order.
8.5.2
Any cost incurred by the Town of Bruce Mines in exercising its authority to
inspect under this By-law, including but not limited to the cost of any
examination, test, sample, or photograph necessary for the purpose of the
inspection, shall be paid by the owner or occupant of the property where the
inspection takes place.
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8.6
Order of Non-Conformity
8.6.1
If, after inspection, an officer is satisfied that in some respect the property does
not conform with the standards prescribed in this By-law, the officer 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.
8.6.2
The order shall:
a. contain the municipal address or a legal description of the property;
b. give reasonable particulars of the repairs to be made or state that the site is to be
cleared of all buildings, structures, debris or refuse and left in a graded and
leveled condition;
c. indicate the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance is not carried out within that time,
the municipality may carry out the repair or clearance at the owner's expense;
d. indicate the final date for giving notice of appeal from the order; and
e. be served or cause to be served on the Owner of the property and such other
persons affected by the order as the officer determines:
I.
By personal service; or
II.
By prepaid registered mail sent to the last known address of
the person to whom notice is to be given or that person's agent
for service.
8.6.3
The officer shall in addition to service, post a copy of the order in a conspicuous
place on the property.
8.6.4
No person shall remove, pull down, obstruct the visibility of or deface the order
placed in accordance with subsection 8.6.3 unless authorized by the officer.
8.7
Registration of an Order
8.7.1 An order of non-conformity 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 day on which the order was served.
8.7.2 Where the requirements of the order have been satisfied, the clerk of the
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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
the order.
8.7.3 Notwithstanding article 8.7.2, no discharge of an order shall be registered until
such time as an owner has paid the Town of Bruce Mines the prescribed fee
required in Schedule A to this By-law in the form of a certified cheque or money
order.
8.8
Emergency Orders and Powers
8.8.1
Despite any other provision in this By-Law, if upon inspection of a property the
officer is satisfied that there is non-conformity with the standards prescribed in
this By-law to such extent as to pose an immediate danger to the health or safety
of any person, the officer may make an emergency order containing particulars of
the non-conformity and requiring remedial repairs or other work to be carried out
forthwith to terminate the danger.
8.8.2
After making an emergency order under section 8.8, the officer may, either before
or after the order is served, take or cause to be taken any measures the officer
considers necessary to terminate the danger, and for this purpose, the Town of
Bruce Mines has the right, through its employees and agents at any time, to enter
in and upon the property without a warrant.
8.8.3
The officer, the municipality, or anyone acting on behalf of the municipality is not
liable to compensate the owner, occupant or any other person by reason of
anything done by or on behalf of the Town in the reasonable exercise of its
powers under section 8.8.
8.8.4
Where the emergency order made in accordance with section 8.8 was not served
before measures were taken to terminate the danger, the officer shall as soon as is
practical after the measures have been take, serve copies of the order on the owner
of the property and such other persons affected thereby as the officer determines
and each copy of the order shall have attached to it a statement by the officer
describing the measures taken by the Town and providing details of the amount
expended in taking the measures.
8.8.5
Where the emergency order was served before the measures were taken, the
officer shall as soon as is practicable after the measures have been taken, serve a
copy of the statement mentioned in section 8.8.4, in accordance with sentence
8.6.2 on, the owner of the property and all such other persons affected thereby as
the officer determines.
8.8.6
As soon as practicable after the requirements of subsection 8.8.4 and 8.8.5 have
been complied with, the officer shall apply to a judge of the Superior Court of
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Justice for an order confirming the emergency order and the judge shall hold a
hearing for that purpose.
8.8.7
The judge in disposing of an application under subsection 8.8.6 shall:
a. confirm, modify or rescind the order; and
b. determine whether the amount spent on measures to terminate the danger may
be recovered in whole, in part or not at all.
8.8.8
The judge's disposition of the application is final.
8.8.9
The amount determined by the judge to be recoverable shall be a lien on the land
and shall have priority lien status as described in section 1 of the Municipal Act,
2001.
8.9
Appeal of an Order
8.9.1
An owner or occupant who has been served with an order and who is not satisfied
with the terms or conditions of the order may appeal to the Committee by sending
a notice of appeal, including grounds for the appeal, and the prescribed fee set out
in Schedule A by registered mail to the secretary of the Committee within 14 days
after being served the order.
8.9.2
An order that is not appealed within the 14-day period specified shall be deemed
to be confirmed and binding.
8.9.3
If an appeal is taken, the Committee shall hear the appeal. The Committee shall
have 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 the By-law and official
plan:
a.
confirm, modify or rescind the order to demolish or repair.
b.
extend the time for complying with the order.
8.9.4
The Town or an owner or occupant or person affected by a decision of the
Committee may appeal to a Judge of the Superior Court of Justice, who has the
same powers and functions as the Committee, by notifying the Town's Clerk in
writing and by applying to the Superior Court of Justice for an appointment
within 14 days after the send of a copy of the decision.
8.9.5
An order that is deemed to be confirmed or modified by the Committee or
Judge shall be final and binding upon the owner and occupation who shall carry
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out the repair or demolition within the time and in the manner specified in the
order.
8.10
Compliance
8.10.1 An owner or occupant of a property shall:
a.
comply with all standards prescribed in this By-law;
b.
comply with all orders under this By-law;
c.
produce documents or things requested by the officer for inspection as
relevant to the property or any part thereof, allow the removal of such
documents or things for the purpose of making copies, provide information
or assist in the collection of information from other persons concerning, a
matter related to the property or part thereof, allow entry by the officer or
such persons as needed to carry out an inspection or test or in aid thereof,
permit examination, tests, sampling, or photographs necessary for the
purpose of an inspection or in aid thereof, and provide at their expense when
requested, tests and samples as are specified in an Order, all as may aid or
assist in the carrying out of an inspection and determination of compliance
with this By-law and the relevant portions of the Building Code Act; and
d.
ensure that compliance with this By-law is carried out in a manner that
avoids conditions dangerous to the owner, occupants or visitors to the
property or that adequate warning is given where such dangerous conditions
are unavoidable.
8.10.2 Certificate of Compliance. A person affected by an order may seek to have
compliance with an outstanding order determined by supplying such proof as may
allow compliance to be determined or permit or arrange for an inspection of the
property by an officer, and shall be liable to pay any applicable fees, charged or
expenses.
8.10.3 Where the proof submitted to comply with subsection 8.10.2 is insufficient for the
officer to determine the compliance of the property with the order or part thereof,
the person shall, subject to the Building Code Act, permit or arrange for a
reasonable and timely inspection by the officer to determine compliance or that
the proof submitted confirms the compliance.
8.10.4 A property owner may make an application to the Town for a certificate of
compliance. The property owner is responsible for paying the applicable fee as set
out in Schedule A.
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8.11
Power of Town to Repair or Demolish
8.11.1 If the owner or occupant of a property fails to comply with a final and confirmed
property standards order, the Town of Bruce Mines may:
a.
Repair or demolish the property;
b.
Clear the site of all buildings, structures, debris or refuse and leave the site
in a graded and leveled condition;
c.
Make the site safe or impede entry by erecting fences, barricades or
barriers; and
d.
May cause a prosecution to be brought against any person who is in
breach of such an order and upon conviction, such person shall forfeit and
pay at the discretion of the convicting Provincial Judge or Justice of the
Peace acting within their territorial jurisdiction, a penalty in accordance
with the provision of Section 36 of the Building Code Act.
8.11.2 The Town 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 under section 8.11.
8.11.3 Upon completion of the work necessary for compliance with the property
standards order, the Town shall have a lien on the property for the amount spend
on the repair or demolition and the amount shall have priority lien status as
described in section 1 of the Municipal Act, 2001, which, amongst other things,
means the amount may be added to the tax roll for the property and collected in
the same manner as property taxes.
8.12
Administrative Penalties
8.12.1 A person who fails who fails to comply with a property standards order which is
final and confirmed or who fails to comply with this By-law may be required to
pay an administrative penalty.
8.12.2 Each person who fails to comply with a provision of this By-Law or an order
shall, when given a penalty notice, be liable to pay the Town an administrative
penalty of $xx.xx.
8.12.3 The penalty notice shall be given to the person as soon as is reasonably
practicable and shall include the following information:
a.
the date of the penalty notice;
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b.
particulars of the contravention;
c.
the amount of the administrative penalty;
d.
a statement advising that an administrative penalty will constitute a debt of
the person to the Town.
8.12.4 If an administrative penalty is not paid within 15 days the day that it becomes due
and payable, the treasurer of the Town shall add the administrative penalty to the
tax roll for any property in the municipality for which all of the registered owners
are responsible for paying an administrative penalty, and collect it in the same
manner as municipal taxes.
8.12.5 Where the Town chooses to charge an administrative penalty in respect of a
contravention, the person shall not be charged with an offence in respect of the
same contravention.
8.13
Offences
8.13.1 No owner or occupant of property shall use, occupy, allow, permit or acquiesce in
the use or occupation of the property unless such property conforms to the
standards prescribed in this By-law.
8.13.2 No person, being the owner, tenant, or occupant of a property, shall fail to
maintain the property in conformity with the standards prescribed in this By-law.
8.13.3 No person shall hinder, obstruct, molest, or interfere with or attempt to hinder
obstruct, molest or interfere with an officer, or a person acting under their
instructions in the exercise of a power in the performance of a duty under this
Bylaw.
8.13.4 A refusal of consent to enter or remain in a place actually used as a dwelling is
not hindering or obstructing within the meaning of section 8.13.3 unless the
officer is acting under a warrant or an emergency order made pursuant to section
8.8.
8.13.5 Every person shall assist any entry, inspection, examination, testing or inquiry by
an officer in the exercise of a power of performance of a duty under this By-law.
8.13.6 No person shall neglect or refuse:
a.
To produce any documents, drawings, specifications or things required by
an officer; and
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b.
to provide any information required by an officer;
8.13.7
A person is guilty of an offence if the person:
a.
Contravenes any section of this By-law; or
b.
Fails to comply with an order that is final and binding under this By-law.
8.13.8 Every director or officer of a corporation who contravenes section 8.13.7 is guilty
of an offence.
8.13.9 Where any property within the Town of Bruce Mines does not conform to the
applicable standards set forth in this By-law, the owner of the property shall:
a.
repair and thereafter maintain such property to conform to such standards;
or
b.
where conformity to such standards cannot be affected by repair, clear the
site of the buildings, structures, debris and refuse not in conformity, and leave
such area of the site in a graded and leveled condition.
8.13.10
All repair 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 construction, repair, renovation or demolition shall
conform to the requirements of the Ontario Building Code and is subject to the
requirements of all applicable permits.
8.14
Offence Penalties
8.14.1 A person who fails to comply with a property standards order which is final and
confirmed, any other order, a direction, or a requirement made under this By-law
is guilty of an offence and upon conviction shall be liable to a fine of not more
than $50,000 for a first offence and to a fine of not more than $100,000 for any
subsequent offence.
8.14.2 If a corporation is convicted of failing to comply with a property standards order
which is final and binding, any other order, a direction or a requirement made
under this By-law, the maximum penalty that may be imposed on the corporation
is $100,000 for a first offence and $200,000 for any subsequent offence.
SECTION 9 - AUTHORITY
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9.1 This By-law shall be read subject to the Building Code Act; as amended from time
to time, and whenever the provisions of this By-law conflict or are otherwise
inconsistent with the provisions of the Building Code Act, the provisions of the
Building Code Act shall be deemed to be incorporated into this By-law.
9.2 This By-law shall come into force on the date it is passed by the Council of the
Corporation of the Town of Bruce Mines.
Read a first time this 7th day of _April_, 2008.
Read a Second and Third time and finally passed this 7th day of _April_,2008.
"Darren Foster"
"Donna Brunke"
Mayor Darren Foster
Clerk Donna Brunke