This is the exact embedded text of the captured official document.
Snapshot 5b27a038db69 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Reference: 26-005-PG
THE CORPORATION OF THE CITY OF CAMBRIDGE
By-law No. 26-021
Being a by-law to prescribe the standards for maintenance and occupancy
for all properties within the City of Cambridge and to repeal By-laws 181-
04, 44-17 and 184-04
WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23, ("the Act")
authorizes the municipality to pass a By-law for prescribing standards for maintenance
and occupancy of property;
AND WHEREAS Council of The Corporation of the City of Cambridge deems it
desirable to pass a by-law for prescribing standards for the maintenance and occupancy
of property within the City of Cambridge and for prohibiting the occupancy for use of
such property that does not conform to the standards and for requiring property below
the standards prescribed in the by-law to be repaired and maintained to comply with the
standards or for the site to be cleared of all buildings, structures, debris or refuse and
left in a graded and leveled condition;
AND WHEREAS the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended,
authorizes the municipality to prescribe minimum standards for the maintenance of the
heritage attributes of a Part IV property or a Part V property, and require a Part IV or a
Part V property that does not comply with the standards to be repaired and maintained
to conform with the standards;
AND WHEREAS Council of The Corporation of the City of Cambridge deems it
desirable to enact a by-law for prescribing minimum standards for the maintenance of
the heritage attributes of any protected heritage property within the City of Cambridge;
AND WHEREAS The Corporation of the City of Cambridge has an official plan enacted
pursuant to the Planning Act R.S.O 1990, c.P.13 as amended, which includes policies
and provisions relating to the maintenance and occupancy of property within the City of
Cambridge;
AND WHEREAS the Act provides that a municipality may require a person to pay an
administrative penalty if the municipality is satisfied that the person has failed to comply
with a by-law of the municipality passed under the Act;
AND WHEREAS the Act provides that a municipality may add an administrative penalty
to the tax roll for any property in the municipality for which all of the registered owners
The Corporation of the City of Cambridge
By-law Number 26-021
are responsible for paying the administrative penalty, and collect it in the same manner
as municipal taxes;
AND WHEREAS the Act provides that if an order is not complied with, the municipality
may cause the property to be repaired or demolished accordingly and the municipality
shall have a lien on the land for the amount spent on the repair or demolition and the
amount shall have priority lien status as described in the Municipal Act, 2001 S O. 2001,
c. 25;
NOW THEREFORE, Council of The Corporation of the City of Cambridge hereby
enacts as follows:
1.0 SCOPE
1.1
This By-law applies to all properties in the City of Cambridge.
2.0 SHORT TITLE
2.1
This By-law may be referred to as the "Property Standards By-law".
3.0 DEFINITIONS
3.1
As used in this by-law, the following terms have the meanings indicated:
"Administrative Penalty By-law" means the Administrative Penalty By-law of the City,
as amended from time to time, or any by-law that replaces it;
"Barrier-Free Access" means a physical feature, installation, or set of installations
within a building or space that is designed to ensure the independent, safe and
equitable access for persons with disabilities by eliminating physical or sensory
obstacles that would otherwise impede use of environment;
"Basement" means a storey or storeys of a building located below the first storey;
"Building Code" means the Building Code Act, 1992, c.23, as amended, and includes
regulations made thereunder, and any Act that replaces it;
"Character-Defining Element" means any Heritage Attribute (principal features,
characteristics, materials, forms, location, spatial configurations, uses and cultural
associations or meanings, context and appearance) that contribute to the cultural
heritage significance of a Protected Heritage Property and which are identified in a
designation by-law and/or within a heritage conservation easement agreement, or within
a heritage conservation district plan and guidelines;
Page 2 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
"Chief Building Official" means the person Council has appointed as such pursuant to
the Building Code Act, 1992, c.23, as amended;
"Committee" means a Property Standards Committee or General Appeals Committee
established under this by-law;
"Corporation" means The Corporation of the City of Cambridge;
"Council" means the Council of The Corporation of the City of Cambridge;
"Designated Provision" means any section of this by-law designated in accordance
with section 11.6;
"Dwelling Unit" means a room or suite of rooms used or designed to be used by one or
more individuals as an independent or self-contained domestic unit or housekeeping
establishment capable of supporting general living conditions including cooking, eating,
sleeping and sanitary facilities;
"Fire Code" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as
amended, and includes regulations made thereunder and any Act that replaces it;
"Good Repair" means:
(a) free from any Unsafe Condition;
(b) free from electrical shock hazards;
(c) structurally sound;
(d) free from defects;
(e) free from holes, loose, broken, torn, cracked or damaged materials;
(f) in good working order; and
(g) not unsightly by reason of deterioration, damage or defacement;
"Habitable Room" means any room in a Dwelling Unit that meets the requirements of
the Building Code and is used or designated to be used for living, sleeping, cooking or
eating purposes;
"Heritage Attribute" means, in relation to real Property, and to buildings on the real
Property, an attribute of the Property, building or structure that contributes to its
cultural heritage value or interest and that is defined or described, or that can be
reasonably inferred:
(a) in a by-law designating a Property passed under the Ontario Heritage Act and
identified as a heritage attribute, reason for designation, or otherwise;
(b) in a Minister's order made under the Ontario Heritage Act and identified as a
heritage attribute, reason for designation or otherwise;
Page 3 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
(c) in a by-law designating a heritage conservation district passed under the Ontario
Heritage Act and identified as a heritage attribute, value, reason for designation
or otherwise;
(d) in the supporting documentation required for a by-law designating a heritage
conservation district, including but not limited to, a heritage conservation district
plan, assessment or inventory, and identified as heritage attributes, reason for
designation or otherwise; or
(e) in a heritage conservation easement agreement and any supporting
documentation;
"Maintenance (Heritage)" means the ongoing care and preservation and keeping in
repair of Protected Heritage Property and considers routine, cyclical, non-destructive
actions, necessary to slow the deterioration of Protected Heritage Property.
Maintenance includes the following actions: periodic inspection; Property cleanup;
gardening and repair of landscape features; replacement of glass and/or framing in
broken windows; minor exterior repairs (including replacement of individual asphalt
shingles where there is little or no change in colour or design); repointing areas of wall
space; and/or any work defined as maintenance within a designated by-law or in a
heritage conservation district plan;
"Multiple Dwelling" means a building lawfully containing more than one Dwelling Unit;
"Municipal Heritage Advisory Committee" means a Committee of Council formed
under the provisions of the Ontario Heritage Act;
"Municipal Sanitary Sewer" means the Region's and the City's sanitary sewer system
or a private Sewage disposal system approved by the relevant approval authority;
"Non-Habitable Room" means a room or space which does not meet the requirements
of the Building Code to function as a Habitable Room;
"Occupancy" means the use or intended use of a building or part thereof for the shelter
or support of a Person;
"Officer" shall mean a Municipal By-law Compliance Officer of the City and a Police
Officer of the Waterloo Regional Police Service;
"Ontario Heritage Act" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as
amended, and includes regulations made thereunder, or any act that replaces it;
"Owner" includes a Person who is the registered Owner of Property, a mortgagee in
possession of Property, and the Person for the time being who is managing or
receiving rent from a tenant on the Property;
Page 4 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
Page 5 of 26
"Person" includes an Owner, individual, association, firm, corporation (with the
exception of The Corporation of the City of Cambridge), partnership, bureau, sole
proprietorship, trust, organization, trustee or agent;
"Property" means a building or structure, or part of a building or structure, and includes
the lands and premises appurtenant thereto and all mobile structures, outbuildings,
fences and retaining walls, and erections thereon, whether heretofore or hereafter
erected and includes every Vacant Building, Vacant Heritage Property and
Protected Heritage Property;
"Protected Heritage Property" shall include any buildings and structures, and includes
Property and premises appurtenant thereto and all mobile structures, outbuildings,
fences and retaining walls, and erections thereon, whether heretofore or hereafter
erected and includes Vacant Property or Vacant Heritage Property, that are protected
under the Ontario Heritage Act, situated within a heritage conservation district
protected under the Ontario Heritage Act, or protected under a heritage conservation
easement agreement;
"Rental Unit" includes a mobile home, a Dwelling Unit, or any portion of a building that
is used or intended for use as residential rental accommodation and may include
common areas;
"Service or Utility" means heat, electricity, gas, refrigeration and hot or cold water;
"Sewage" means liquid or water borne waste of industrial, commercial or domestic
origin, including human body waste, toilet or bathroom waste, shower, tub, culinary, sink
or laundry waste, but does not include Storm Water;
"Storm Water" means water that is discharged from a device or surface as a result of
rainfall, snowmelt or snowfall;
"Supplier" means a Person who carries on a business of or whose business includes
supplying a Service or Utility to an end user;
"Technical Standards and Safety Act" means the Technical Standards and Safety Act
2000, S.O. 2000, c.16, as amended, and includes regulations made thereunder, or any
Act that replaces it;
"Unsafe Condition" means a condition that poses or constitutes a safety, fire or
accident hazard, or a hazard or risk to life, limb or health of any Person;
"Vacant Building" means any building or structure that appears to be vacant, partially
vacant, or unoccupied, or by reason of its unfinished or dilapidated condition, but does
not include a building occupied by the Owner on a seasonal basis but otherwise
maintained throughout the year; or a building owned by the City;
The Corporation of the City of Cambridge
By-law Number 26-021
"Vacant Heritage Property" shall include any buildings and structures located on the
Property protected under the Ontario Heritage Act, situated within a heritage
conservation district protected under the Ontario Heritage Act, or protected under a
heritage conservation easement agreement, that appear to be vacant, partially vacant,
or unoccupied, or by reason of its unfinished or dilapidated condition, but does not
include a building occupied by the Owner on a seasonal basis but otherwise maintained
throughout the year; or a building owned by the City;
"Weathertight" means to be adequately sealed and protected so as to prevent the entry
of rain, wind, snow, and other moisture into the interior.
4.0 GENERAL STANDARDS
4.1
No Person shall use or occupy, or permit the use or Occupancy, or consent to
the use or occupation of any Property that does not conform to the standards
prescribed in this by-law.
4.2
No Owner shall fail to maintain their Property in conformity with the standards
prescribed in this by-law.
4.3
Where applicable, every Owner shall obtain a building permit prior to making
repairs or carrying out demolition.
4.4
All repairs and maintenance shall be carried out in good and workerlike manner.
Without limiting the foregoing, this shall include:
(a) Using materials that are suitable for the purpose and free from defects;
(b) ensuring the component repaired can perform its intended function;
(c) finishing the repair in a manner that is reasonably compatible in design
and colour with the adjoining finishing materials;
(d) maintaining an appearance that is consistent with the surrounding
environment;
(e) being carried out with a degree of efficiency and knowledge possessed by
those with a skill set, competency and standing in a particular trade and in
accordance with recognized industry best practices;
(f) conforming to the requirements of the Building Code and Fire Code
where required; and
Page 6 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
(g) where required by law, carried out by a duly qualified and/or licensed
person.
4.5
Every Owner or designate shall attend to their Property on a regular basis to
ensure the Property conforms with the standards prescribed in the by-law.
Every Owner or designate shall provide a written report on the condition of the
Property when requested to do so by an Officer.
4.6
An Officer may issue an order requiring the Property, or any portion thereof, be
examined by a Person having special or expert knowledge in relation to the
Property or portion thereof. The Officer may also take steps to request
information, tests, samples and examinations. The Owner shall submit to the
Officer a written report prepared by a Person having special or expert
knowledge.
4.7
Every Owner, occupant, tenant or lessee of Property shall:
(a) maintain their Property and every portion thereof, in a clean, sanitary and
safe condition;
(b) maintain every floor, wall, ceiling and fixture, including hallway, entrance,
laundry room, utility room, and other common area in a clean, sanitary and safe condition; and
(c) not allow accumulation or storage of combustible materials, garbage, refuse,
appliances, or furniture in a means of egress.
Discharging Water and Drainage
4.8
No roof drainage, sump pump or any other device designed and intended to
direct or discharge water shall be discharged on an entranceway, walkway, stair,
sidewalk, or discharged directly onto neighbouring Property.
4.9
Every downspout, sump pump or any other device designed and intended to
direct or discharge water or Storm Water shall be maintained so as to direct or
discharge water away from buildings and structures.
4.10
Every yard shall be graded and maintained so as to prevent the excessive or
recurrent ponding of Storm Water thereon or upon adjacent premises.
Page 7 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
Parking Areas, Walks and Driveways
4.11
Every area used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, concrete pavers or compacted stone or gravel and shall be
graded appropriately and kept in Good Repair.
4.12
Every step, walkway, driveway, ramp, parking space, access aisle, and other
similar areas shall be maintained in Good Repair so as to afford safe passage
under normal use and weather conditions.
Fences and Retaining Walls
4.13
Every fence, screen or wall, other than a retaining wall under section 4.14, on a
Property or separating adjoining properties shall be:
(a) maintained in Good Repair;
(b) constructed using suitable materials and maintained so as to not appear in
an unsightly condition;
(c) free of any condition that would render the fence to be dangerous; and
(d) reasonably plumb.
4.14
Every retaining wall as applied under the Building Code shall be maintained in
Good Repair
Exterior Property Areas
4.15
Exterior Property areas shall be maintained free of:
(a) any tree, bush and hedge, including any branch or limb, which is dead,
decayed, damaged or hazardous;
(b) any dilapidated or collapsed building, structure, and building appendages;
(c) any unprotected well, unless filled in or securely covered; and
(d) any Unsafe Condition.
Page 8 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
Signs
4.16
A sign and it's supporting structure shall be maintained in Good Repair.
Site Development Requirements
4.17
Every Property shall be maintained in accordance with the approved site plan
and/or agreement, including but not limited to all maintenance, landscaping,
grading, servicing, signage, lighting and other surface works.
5.0 BUILDING STANDARDS
Structural Soundness
5.1
Every building, structure, or any portion thereof, shall be capable of sustaining its
own weight together with the loads that may be applied by reason of its use and
Occupancy, as set out in the Building Code.
5.2
No structural element may be added, removed, repaired or modified in any
manner until a required permit has been obtained from the Chief Building
Official
5.3
An Officer may issue an order requiring the Property, or any portion thereof, be
examined by a Professional Engineer licensed to practice in the Province of
Ontario. The Owner shall submit to the Officer a stamped written report
prepared by the Engineer, which may identify one or more deficiencies and
include drawings or specifications pertaining to recommended remedial
measures.
5.4
An Officer may issue an order requiring that any deficiency identified in an
Engineer's report be appropriately remediated. Upon completion of all the work
required by the Engineer's report, the Owner shall submit to the Officer an
additional stamped written report prepared by the Engineer certifying that all the
work proposed in the initial report has been completed and is in accordance with
all applicable legislation.
Pest Prevention
5.5
Every building and/or structure shall be kept free from any rodent, vermin, and
insect at all times.
Page 9 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.6
Every opening, including a window, that might permit the entry of a rodent,
vermin, insect, and other pest shall be appropriately screened or sealed.
Foundations, Walls, Exterior Surfaces, Roofs, Etc.
5.7
Every foundation, exterior wall, Basement, cellar or crawl space floor, column,
beam, roof, floor and roof slab, ancillary structure such as a parking garage, and
other exterior parts of a building and/or structure shall be maintained:
(a) in Good Repair;
(b) free from decayed, damaged or weakened sills, beams, piers, posts or
other supports;
(c) in a Weathertight condition; and
(d) in a manner so as to prevent the settling of the building.
5.8
Every means of egress, including doors, in a parking garage shall be maintained
in Good Repair and free from all obstructions.
5.9
Every floor drain in a parking garage shall be maintained in Good Repair and
free from obstructions.
5.10
Every roof shall be kept clean and free from:
(a) waste or other debris; and
(b) objects or conditions that may create an Unsafe Condition.
5.11
Every eavestrough, roof gutter and downspout, whether installed individually or
as part of a system, shall be maintained in Good Repair and Weathertight.
5.12
All cladding on an exterior wall of every building and/or structure shall consist of
masonry, stucco, treated wood, metal or other materials of equivalent strength
and durability and maintained in Good Repair and Weathertight.
5.13
Every exterior metal duct shall be maintained in Good Repair, Weathertight,
and free from rust.
Page 10 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.14
Every balcony, porch, landing, deck, canopy, marquee, awning, screen,
mezzanine, gallery, raised walkway, stair, stairway, tread, riser, fire escape, pipe,
duct, air conditioner and other similar attachments and their supporting members
shall be:
(a) maintained in Good Repair;
(b) free from refuse and undesirable material; and
(c) properly anchored.
Guards and Handrails
5.15
Every guard, handrail, banister, balustrade and any associated component shall
comply with the requirements of the Building Code and be maintained in Good
Repair.
5.16
A handrail and balustrades shall be installed in every building, stairwell, and open
stairway with three or more risers. Where the stair exceeds 1100 mm in width, a
handrail shall be installed on both sides.
5.17
A guard shall be installed on the open side of every stairwell, stairway and/or
ramp, as required by the Building Code.
5.18
A guard shall be installed around every balcony, porch, landing, deck,
mezzanine, gallery, raised walkway, stair, and stairway where there is a
difference in elevation to adjacent surfaces of more than 600 mm.
5.19
Every guard, handrail and banister shall be constructed and maintained rigid in
nature to withstand the loads to which they are subject to, due to intense use.
5.20
Every outside guard, handrail and banister shall be protected from deterioration
by use of suitable material or use of rot resistant material, and if metal, protected
by the use of paint or other suitable protective material.
Walls, Ceilings and Floors
5.21
Every interior wall, ceiling, floor and appurtenances shall be maintained in Good
Repair.
5.22
Every interior floor shall be maintained so as to be reasonably level.
Page 11 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.23
Every interior floor in a bathroom, kitchen, and laundry room shall be maintained
impervious to water.
5.24
Every floor shall be kept from excessive dampness arising from the entrance of
moisture through a Basement or crawl space floor.
5.25
Where Dwelling Units are separated vertically, there shall be a dividing wall to
provide continuous protection through all storeys and every dividing wall shall
comply with the requirements of the Fire Code and the Building Code.
5.26
Where Dwelling Units are separated horizontally, there shall be a finished
ceiling separating these occupancies and such ceilings shall comply with the
requirements of the Fire Code and the Building Code.
5.27
The integrity of every fire separation shall be maintained at all times so that they
will effectively perform their intended functions in the event of fire.
Doors and Windows
5.28
Every door, door frame, window, window frame, sash, casing, window and door
hardware, window and door locking device, weather stripping, skylight,
Basement hatchway, screen door and storm door shall be maintained in Good
Repair.
5.29
Every window intended to open and every exterior door in a Rental Unit shall
have suitable hardware so as to allow locking or otherwise securing from inside.
5.30
When required by the Building Code, every window located above the first
storey of every building shall be equipped with a safety device that would prevent
any part of the window from opening greater than would be permitted by the
Building Code.
5.31
Every exterior window, door and appurtenances shall be maintained in a
Weathertight condition.
Bedrooms
5.32
No Person shall use or permit the use of a Non-Habitable Room for a
Habitable Room purpose.
Page 12 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.33
The maximum number of occupants in a Dwelling Unit shall be based upon two
Persons per bedroom.
5.34
For the purpose of computing the maximum number of occupants in subsection
5.33 above, any child under twelve years of age shall be deemed one-half
Person.
Kitchens
5.35
Every Rental Unit shall contain a kitchen area equipped with a sink, served with
hot and cold water, storage facilities, countertop work area and space for a stove
and refrigerator, and each component shall be kept in Good Repair.
5.36
Every kitchen in a Rental Unit shall contain adequate gas, electrical or other fuel
supply for cooking purposes. Every gas, electrical or other fuel supply shall be
installed to the standards provided by the Technical Standards and Safety Act,
Electrical Safety Authority, or other applicable legislation.
5.37
There shall be at least 76 cm (30 in.) clear space above any exposed cooking
surface.
Bathroom and Toilet Facilities
5.38
Every Rental Unit shall contain a bathroom consisting of at least one fully
operational toilet, washbasin, and bathtub or suitable shower unit.
5.39
Every required bathroom in a Rental Unit shall be provided with a door capable
of being locked from the inside.
5.40
Every wall surrounding a shower and bathtub shall be maintained impervious to
water.
Plumbing
5.41
Every lavatory, bathtub and shower and one kitchen sink shall be equipped with
an adequate supply of hot and cold running water.
5.42
Every Dwelling Unit shall be provided with hot water supplied at a temperature
of not less than 45 degrees Celsius (113 degrees Fahrenheit) and not more than
60 degrees Celsius (140 degrees Fahrenheit).
Page 13 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.43
Every Dwelling Unit shall be provided with an adequate supply of potable
running water.
5.44
Every plumbing system and every drain, water supply pipe, toilet and other
plumbing fixtures shall be maintained in Good Repair. Every water pipe and
their parts shall be kept from freezing.
5.45
Sanitary Sewage from a fixture shall be discharged to the Municipal Sanitary
Sewer or an approved Sewage system.
Electrical Service
5.46
Every Dwelling Unit shall be wired for electricity and shall be connected to an
approved electrical supply system.
5.47
Every electrical system and appurtenance including but not limited to every wire,
fixture, switch, and receptacle shall be maintained in Good Repair.
5.48
Every electrical system and appurtenance including but not limited to every wire,
fixture, switch, and receptacle shall conform to the regulations established by,
and be installed to the standards provided by the Electrical Safety Authority.
Heating, Chimneys and Vents
5.49
Every residential building shall be provided with heating facilities capable of
maintaining a minimum indoor air temperature of 21 degrees Celsius (70 degrees
Fahrenheit) at the outside winter design temperature of -18 degrees Celsius, in
all occupied areas.
5.50
Every Owner of a Multiple Dwelling shall ensure heat is continuously supplied
so as to maintain a minimum indoor air temperature of 21 degrees Celsius (70
degrees Fahrenheit) in all occupied areas from October 1 in each year, to May
15 the following year.
5.51
Heating facilities shall be maintained in Good Repair.
5.52
No Rental Unit shall be equipped with portable heating equipment as the
primary source of heat.
Page 14 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.53
Every fuel burning appliance and their parts shall be installed and maintained in
Good Repair and comply with the requirements of the Technical Standards
and Safety Act.
5.54
Every fuel burning appliance shall be properly vented to the outside air by means
of a smoke-pipe, vent pipe, chimney flue or other approved method.
5.55
Every building shall be maintained so that smoke, fumes, and gases cannot
travel from a Non-Habitable Room into a Habitable Room.
5.56
Every chimney, smoke-pipe, flue and vent shall be maintained in Good Repair.
5.57
Every chimney, smoke-pipe, flue and vent shall be maintained so as to prevent
the heating of adjacent combustible material or structural members to unsafe
temperatures.
5.58
Every fireplace shall be connected to an approved chimney. Every fireplace shall
be maintained in Good Repair.
Egress
5.59
Every building and Dwelling Unit shall have a means of egress that is not less
than 1100 mm or 1.1 meters in width. Such means of egress shall be maintained
free of obstructions.
5.60
Every Dwelling Unit shall have a sufficient number of exits or egress doors so
that it shall not be necessary to travel up or down more than one storey to reach
a level services by an exit or egress door to a public corridor or exterior
passageway.
Lighting
5.61
Every bedroom, living room, dining room, bathroom, kitchen, utility room, laundry
room, furnace room, Basement and Non-Habitable Room or storage area shall
be provided with permanent light fixtures. Bedrooms or living rooms may have a
receptacle controlled by a wall switch.
5.62
An exterior lighting fixture controlled by a wall switch located within the building
shall be provided at every entrance to every building of residential Occupancy.
5.63
Every lighting fixture shall be maintained in Good Repair.
Page 15 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.64
Every lighting fixture shall provide sufficient illumination so as to avoid an Unsafe
Condition in normal use.
5.65
Every public hallway and stair in a Multiple Dwelling shall be illuminated at all
times so as to provide safe passage.
Nuisance Lighting
5.66
No Person shall create, cause or permit the excessive intrusion of light onto
adjacent Property so as to be or cause a nuisance to the public generally or to
the occupants of the adjacent Property.
5.67
For the purposes of section 5.66, a nuisance means anything that is injurious to
health, offensive to the senses, or an obstruction to the free use of Property, so
as to interfere with the comfortable enjoyment of life or Property.
5.68
Section 5.66 shall not apply to lighting that is:
(a) approved by the City as a condition of development or redevelopment;
(b) installed and required by emergency services;
(c) used in theatrical, film or television production approved by the City; and
(d) used in special events approved by the City.
Ventilation
5.69
Every bathroom shall have openings for natural ventilation providing an
unobstructed free flow of air as required by the Building Code. An opening for
natural ventilation is not required in a bathroom where a system for automatic
mechanical ventilation has been provided with a duct leading to outside the
building.
5.70
Every system for mechanical ventilation shall be maintained in Good Repair.
5.71
Every enclosed area including a Basement, crawl space, parking garage, and
attic or roof space shall be adequately vented.
Page 16 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
Mould
5.72
Any accumulation of mould shall be cleaned and removed.
5.73
An Officer may issue an order requiring that the Property, or any part of it, be
inspected by a Certified Air Quality Assessment professional. The Owner shall
provide the Officer with a written report prepared by a Certified Air Quality
Assessment professional. The report shall detail the extent of mould
contamination and remediation of mould, details about the air quality levels and
any other items as the Officer deems necessary.
Voice Communication System
5.74
Every existing voice communication system shall be maintained in Good Repair.
Elevating Devices
5.75
Every elevator, dumb-waiter, hoist, escalator, incline lift, and other elevating
device that is existing or otherwise required by law shall be maintained in Good
Repair.
Barrier Free Access
5.76
Every feature or installation of Barrier-Free Access that is existing or otherwise
required by law or as a condition of development or redevelopment, shall be
maintained in a Good Repair, operationally suitable and available for use.
5.77
Every accessible door mechanism, including every power door operator, lever
handle, push plate, and related hardware, shall be maintained in Good Repair.
5.78
Tactile attention indicators shall be installed where required by the Building
Code.
Disconnected Utilities
5.79
No Owner or any Person acting on behalf of such Owner shall disconnect or
cause or permit the disconnection of any Service or Utility at any Rental Unit
except for such reasonable period of time as may be necessary for the purpose
of repairing, replacing or otherwise altering said Service or Utility.
Page 17 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
5.80
Every Owner shall be deemed to have caused the disconnection of a Service or
Utility if they are obliged to pay the Supplier and fails to do so and as a result of
the non-payment, the Service or Utility is no longer provided.
5.81
Every Supplier shall give 30 days notice to the Municipal By-law Compliance
Division when planning to discontinue a Service or Utility at a building
containing one or more Rental Units.
5.82
Every notice required under section 5.81 shall be made in writing and contain the
following:
(a) name, address, and telephone number of the Supplier;
(b) type of Service or Utility;
(c) name, address, and telephone number of the Person with whom the
Supplier has a contract for the supply of the Service or Utility;
(d) the municipal address, and if applicable the unit number(s), at which the
Service or Utility is being supplied;
(e) confirmation that at least one Rental Unit is occupied at the Property;
(f) the nature of the Owner's breach of contract with the Supplier;
(g) if the breach in clause (f) is for nonpayment of charges for the supply of the
Service or Utility, the amount of unpaid charges, any interest and
administration charges and the amount of any disconnection and
reconnection charges;
(h) the date and time when the Supplier will discontinue to provide the Service
or Utility; and
(i) the name, municipal address and telephone number of an individual
authorized by the Supplier to receive a direction made under this by-law.
5.83
Every Supplier shall restore any Service or Utility when directed to do so by an
Officer.
Page 18 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
6.0 VACANT BUILDINGS & DEMOLITION
6.1
Every Owner of a Vacant Building shall:
(a) ensure the Vacant Building is secured against unauthorized entry;
(b) maintain liability insurance on the Vacant Building;
(c) maintain the Vacant Building in accordance with the provisions of this by-
law; and
(d) protect the Vacant Building against damage, accident, storm, fire or neglect.
6.2
Every Owner of a building or structure that is damaged by accident, storm, fire,
neglect or otherwise shall:
(a) take immediate steps to prevent or remove every Unsafe Condition;
(b) erect a fence that is at least 182 centimeters (72 inches) in height and
sufficient to reasonably prevent a Person from entering the Property. The
fence shall also conform to section 4.13 of this By-law; and
(c) demolish or restore the building or structure in accordance with this By-law
and the Building Code
6.3
If any exterior door, window, trim, or other opening of a Vacant Building, or
partially Vacant Building or structure is broken, improperly fitted, or otherwise in
disrepair, the Owner shall secure the building with boarding, sheathing or
protective coverings to the satisfaction of the Officer.
6.4
If an Owner uses plywood sheathing to secure an opening on a building, such
plywood sheathing shall be at least 12.7 mm (0.5 in.) thick, firmly fastened to the
building, and painted a colour that blends with the surrounding walls.
6.5
Every board, sheathing or protective covering that is used on a building to secure
a window, door or other opening shall be maintained in Good Repair.
Demolition
6.6
Where a building or structure is being demolished, every reasonable precaution
shall be taken to protect adjoining Property and members of the public.
Page 19 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
6.7
Where a building or structure on a Property is demolished, the site shall be
cleared of all undesirable material, brush, recyclable material and unsightly
storage.
6.8
Where a building or structure on a Property is demolished, the site shall be left
in a graded and levelled condition.
6.9
Demolition work shall be carried out in accordance with the Building Code.
6.10
Demolition work shall be carried out in accordance with the Demolition Control
By-law or any by-law that replaces it.
7.0 HERITAGE PROPERTIES
7.1
In addition to the minimum standards for the Maintenance (Heritage) of a
Property in the Municipality as set out in this by-law, the Owner or occupant of a
Protected Heritage Property shall:
(a) maintain, preserve and protect every Character-Defining Element as
identified with the designation by-law and/or identified within a heritage
conservation district plan, and/or identified within a heritage conservation
easement agreement to maintain the heritage character, visual, and
structural integrity of every building, structure, or construction located on the
real Property; and
(b) maintain Protected Heritage Property in a manner that will ensure the
protection and preservation of every heritage value and attribute.
Repair of Character-Defining Elements
7.2
Despite any other provisions in this by-law, where a Character-Defining
Element of a Protected Heritage Property can be repaired, the Character-
Defining Element shall not be replaced and shall be repaired as follows:
(a) in a manner that minimizes damage to the Character-Defining Element;
(b) in a manner that maintains the design, colour, texture, grain, materials or
other distinctive feature of the Character-Defining Element;
Page 20 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
(c) using the same material as the original and in keeping with the design,
colour, texture, grain, and any other distinctive features of the original; and
(d) where the same types of materials as the original are no longer available,
using approved alternative materials that replicate the design, colour, texture,
grain or other distinctive feature, and appearance of the original material.
Replacement of Character-Defining Elements
7.3
Despite any other provisions in this by-law, where a Character-Defining
Element of a Protected Heritage Property cannot be repaired (as determined
by a built heritage specialist), the Character-Defining Element shall be replaced
as follows:
(a) using the same types of material as the original;
(b) where the same types of material as the original are no longer available,
using approved alternative materials that replicate the design, colour, texture,
grain, materials or other distinctive feature, and appearance of the original
material; and
(c) in such a manner so as to replicate the design, colour, texture, grain, and
other distinctive features and appearance of the Character-Defining
Element.
Altering Protected Heritage Properties
7.4
Despite any other provisions in this by-law or the Building Code, no Protected
Heritage Property shall be altered, except for works classified as Maintenance
(Heritage) and/or when approval is granted under the Ontario Heritage Act.
Vacant Heritage Properties
7.5
Vacant Heritage Property shall be protected against risk of fire, storm, neglect,
intentional damage, or damage caused by animals and unauthorized Persons,
and by closing and securing openings to any structures with boarding. This
boarding must completely cover all openings, and be properly fitted in a
watertight manner with the side jams, the head jams, and the exterior bottom sill
of the opening so that any exterior trim and cladding remains uncovered and
undamaged by the boarding. The boarding shall be installed in such a way that
Page 21 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
minimizes damage to every Character-Defining Element, including windows
and doors, is reversible, and minimizes visual impact.
7.6
No opening on a Vacant Heritage Property shall be secured by brick or
masonry held in place by mortar unless agreed to by Municipal Heritage
Advisory Committee.
7.7
An exterior lighting fixture shall be installed at the front entrance of Vacant
Heritage Property
7.8
In the event of a conflict between policies relating to Protected Heritage
Property, and any other provision of this by-law or the Building Code, the
provision that establishes the highest standard for the protection of Character-
Defining Elements shall prevail.
7.9
The Owner of a Vacant Heritage Property shall:
(a) post a "No Trespassing" sign on every point of access to Vacant Heritage
Property; and
(b) post a heritage notice on Vacant Heritage Property that complies with
City planning application graphics and signage that states: "Heritage
Notice: The structure on this Property is a designated heritage resource
protected under the Ontario Heritage Act, and applicable municipal law".
8.0 ADMINISTRATION & ENFORCEMENT
8.1
For the purposes of the administration and enforcement of this by-law the City
may from time to time appoint Officers.
8.2
An Officer or any Person acting under his or her instructions; may, upon
producing proper identification, enter upon any Property at any reasonable time
without warrant for the purpose of inspecting the Property to determine:
(a) whether the Property conforms with the standards prescribed in the by-law;
or
(b) whether an order has been complied with.
8.3
No Person shall obstruct or hinder or attempt to obstruct or hinder an Officer in
the exercise of power or the performance of a duty under this by-law.
Page 22 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
8.4
A Person shall not knowingly make a false or misleading statement to an Officer
or any Person who is acting under the authority of this by-law.
8.5
Where a provision of this by-law conflicts with the provision of another by-law or
Act in force in the City, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
9.0 ORDER TO COMPLY
9.1
An Officer who finds that a Property does not conform to any of the standards
prescribed in the by-law may make an order pursuant to the Building Code and
any regulations made thereunder.
9.2
The order shall be served personally or by registered mail to the Owner and any
other Person affected by it as the Officer deems necessary, and a copy of the
order may be posted at the Property.
9.3
An order served by registered mail to the last known address to whom notice is
to be given is deemed served on the fifth (5th) day after the date of mailing.
9.4
An order may be registered on the Property 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 and when the
requirements of the order have been satisfied, the municipality may forthwith
register a certificate that the requirements have been satisfied, which shall
operate as a discharge of the order.
9.5
No Person shall fail to comply with an order issued by an Officer under this By-
law.
Appeal
9.6
A Person served with an order made pursuant to this by-law and the Building
Code may appeal to the Committee by the date stipulated in the order by
sending a Notice of Appeal by registered mail with the fee set out in the Fees and
Charges By-law, as amended, or any by-law that replaces it.
9.7
If an appeal is taken, the Committee shall hear the appeal and shall have all
powers and functions of the Officer who made the order, and may:
Page 23 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
(a) confirm, modify or rescind the order; or
(b) extend the time for complying with the order.
10.0 POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH
10.1
If a Person fails to do a matter or thing, including comply with an order under this
by-law, as directed or required by this by-law, the City may do the matter or thing
at the Person's expense. The City may recover the costs of doing a matter or
thing from the Person directed or required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as municipal taxes.
10.2
The City shall have a lien on the land for the amount spent on the repair,
demolition or other remedial work, and the amount shall be deemed to the
municipal real Property taxes and may be added to the tax roll and collected in
the same manner and with the same priorities as municipal real Property taxes.
10.3
The City or any 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 City in reasonable exercise of its powers.
11.0 PENALTIES
11.1
Every Person who fails to comply with an order issued pursuant to this by-law is
guilty of an offence under subsection 36(1) of the Building Code Act, S.O. 1992,
c.23, and is liable to a penalty or penalties as set out in that Act.
11.2
Every Person who fails to comply with an order made under this by-law is guilty
of an offence, and on conviction, in addition to administrative penalties, is liable
to a fine of not more than $10,000 per day for every day the offence continues
after the time given for complying with the order has expired.
11.3
Every Person who is convicted of an offence is 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 a
subsequent offence. Every corporation who is convicted of an offence is liable to
a fine of not more than $500,000 for the first offence and to a fine of not more
than $1,500,000 for a subsequent offence.
11.4
An offence is a subsequent offence if there has been a previous conviction under
the Building Code
Page 24 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
11.5
If this by-law is contravened and a conviction is entered, in addition to any other
remedy and to any penalty imposed by the by-law, the court, which the conviction
is entered, and any court of competent jurisdiction thereafter, may make an order
prohibiting the continuation or repetition of the offence by the Person convicted.
11.6
The whole of this by-law, inclusive of all sections and subsections, is hereby
designated as a by-law to which the Administrative Penalty By-law applies.
11.7
Every Person that contravenes any Designated Provision of this by-law shall,
upon issuance of a penalty notice in accordance with the Administrative
Penalty By-law, be liable to pay an administrative penalty and applicable fees.
12.0 SEVERABILITY
12.1
If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid, or to be of no force and effect, it is the
intention of the Council in enacting this by-law, that each and every other
provision of this by-law authorized by law, be applied and enforced in accordance
with its terms to the extent possible according to law.
13.0 TRANSITIONAL RULES
13.1
After the date of passing of this by-law, By-law 181-04 and amendments, apply
only to properties in respect of which an order has been issued prior to the date
of passing of this by-law, and then only to such properties until such time as the
work required by such order has been completed or any enforcement
proceedings in respect of such order, including demolition and repair by the City,
have been concluded.
14.0 REPEAL
14.1
Except for the purpose set out in section 13.1, By-laws 181-04, 184-04, AND 44-
017, are hereby repealed.
15.0 EFFECTIVE DATE
15.1
This By-law shall come into force and effect on the date it is passed.
Page 25 of 26
The Corporation of the City of Cambridge
By-law Number 26-021
ENACTED and PASSED this 24th day of February, 202&
// MAYOR / /
Page 26 of 26
CITY CLERK