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This By-law has been prepared for research and reference purposes only. Original
by-laws are available for consultation at the Champlain Township Clerks Department.
For legal purposes, certified copies of by-laws may be obtained from the Municipal
Clerk.
Corporation of the Township of Champlain
By-Law Number 2024-46
Property Standards By-Law
Being a By-Law to establish property maintenance and occupancy standards.
Whereas Section 5(3) of the Municipal Act, 2001, S. O. 2001, c. 25, as amended,
provides that a municipal power shall be exercised by By-law;
Whereas Section 127 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended, states
that a local municipality may:
- a) Require the owner or occupant of land to clean and clear the land, not
including buildings, or to clear refuse or debris from the land, not including
buildings;
- b) Regulate when and how matters required under clause (a) shall be
done;
- c) Prohibit the depositing of refuse or debris on land without the consent
of the owner or occupant of the land; and
- d) Define "refuse" for the purpose of this section.
Whereas under Section 15.1 (3) of the Building Code Act, S.O. 1992, c. 23, a by-law
may be passed by the council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official
plan for the municipality includes provisions relating to property conditions;
By-Law 2024-46 Page 2 of 40
Whereas Sections 15.2 and 15.8 of the Building Code Act, S.O. 1992, c. 23, as amended,
provide inspections and enforcement authorities for a By-law made under Section
15.1 of the Act;
Whereas the offence penalty provisions for contraventions are as set out in Section
36 of the Building Code Act, S.O. 1992, c. 23, as amended, the Administrative Monetary
Penalty System By-law, as amended, and the Administrative Monetary Penalty
provisions in Section 15.4.1. of the Building Code Act, S.O. 1992, c. 23, as amended;
Whereas Section 15.4.1. of the Building Code Act, S.O. 1992, c. 23, as amended,
authorizes a municipality to 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 Section 15.1, or an order of an officer under subsection
15.2(2) as deemed confirmed or as confirmed or modified by the committee or a
judge under Section 15.3;
Whereas Section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may impose fees or charges on persons:
- a) For services and activities provided or done by or on behalf of it; and
- b) Any costs payable by it for services or activities provided or done by or
on behalf of any other municipality or local board;
Whereas Section 35.3 and 45.1 of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as
amended, states that if a By-law passed under Section 15.1 of the Building Code Act,
S.O. 1992, c. 23, as amended, setting out standards for the maintenance of property
in the municipality is in effect in a municipality, the Council may prescribe minimum
standards for the maintenance of the heritage attributes of property and require
property that has been designated and that does not comply with the standards to
be repaired and maintained to conform with the standards; and
By-Law 2024-46 Page 3 of 40
Whereas the Official Plan for The Township of Champlain includes provisions relating
to property conditions or, as of the date of passing this By-law, the Official Plan of the
Corporation of the United Counties of Prescott and Russell contains provisions
relating to property standards; and
Whereas Section 15.6 (1) of the Building Code Act, S.O. 1992, c. 23 requires that a by-
law passed under Section 15.1 (3) of the Building Code Act, S.O. 1992, c. 23 shall provide
for the establishment of a Property Standards Committee;
Now Therefore the Council of The Township of Champlain hereby enacts the
following:
1. Short Title
1.1.
This By-law may be referred to as the ''Property Standards By-law'' of The
Corporation of the Township of Champlain.
2. Definitions
2.
2.1.
"Accessory building" means a detached building or structure, not used for
human habitation, that is subordinate to the primary use of the same
property.
2.2. "Apartment building" means a building containing more than four (4) dwelling
units with individual access from an internal corridor system.
2.3. "Approved" means acceptance by the Property Standards Officer.
2.4. "Basement" means that space of a building that is partly below grade, which
has half or more of its height, measured from floor to ceiling above the
average exterior finished grade.
2.5. ''Building'' as defined in the Ontario Building Code Act, as amended.
By-Law 2024-46 Page 4 of 40
2.6. "Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling below
the average exterior finished grade.
2.7. ''Committee'' as defined in the Ontario Building Code Act, as amended.
2.8. ''Corporation'' shall mean the Corporation of the Township of Champlain.
2.9. "Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part for the purpose of
human habitation.
2.10. "Dwelling unit" means a room, or a suite of rooms operated as a housekeeping
unit, used or intended to be used as domicile by one or more persons and
supporting general living conditions usually including cooking, eating,
sleeping, and sanitary facilities.
2.11. "First storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1,8 metres (6 ft.) above grade.
2.12. "Guard" means a protective barrier installed around openings in floor areas or
on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a
raised walkway, and other locations as required to prevent accidental falls
from one level to another. Such barriers may or may not have openings
through them.
2.13. "Habitable room" means any room in a dwelling unit used for or capable of
being used for living, cooking, sleeping, or eating purposes.
2.14. ''Maintenance'' shall mean the preservation and keeping in repair of a
property.
2.15. "Means of egress" means a continuous, unobstructed path of travel provided
by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair,
ramp or other exit facility used for the escape of persons from any point
within a building, a floor area, a room or a contained open space to a public
By-Law 2024-46 Page 5 of 40
thoroughfare or an approved area of refuge usually located outside the
building.
2.16. "Multiple dwelling" means a building containing three (3) or more dwelling
units.
2.17. "Municipality" means the Corporation of the Township of Champlain.
2.18. "Non-habitable room" means any room in a dwelling or dwelling unit other than
a habitable room and includes a bathroom, a toilet room, laundry, pantry,
lobby, corridor, stairway, closet, boiler room or other space for service and
maintenance of the dwelling for public use and for access to and vertical
travel between storey's and basement or part thereof which does not comply
with the standards of fitness for occupancy set out in this By-law.
2.19. "Non-residential property" means a building or structure or part of a building
or part of a building or structure not occupied in whole or in part for the
purpose of human habitation and includes the lands and premises
appurtenant and all the outbuildings, fences or erections thereon or therein.
2.20. ''Occupant'' as defined in the Ontario Building Code Act, as amended.
2.21. ''Officer" means a Property Standards Officer duly appointed by or under the
authority of a Township by-law who has been assigned the responsibility of
administering and enforcing this By-law.
2.22. "Owner'' as defined in the Ontario Building Code Act, as amended.
2.23. "Person" means an individual, firm, corporation, association, or partnership.
2.24. "Refuse" means any article or things that:
a) has been cast aside, discarded or abandoned, whether of any
acceptable value or not;
b) has been used up, in whole or in part, whether of any acceptable value
or not; or
By-Law 2024-46 Page 6 of 40
c) has been expended or worn out, in whole or in part, whether of any
acceptable value or not.
2.25. "Residential property" means any property that is used or designed for use as
a domestic establishment in which one or more persons usually sleep and
prepare and serve meals and includes any lands or buildings that are
appurtenant to such establishment and all stairways, walkways, driveways,
parking spaces and fences associated with the dwelling or its yard.
2.26. "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
2.27. "Toilet room" means a room containing a water closet and a wash basin.
2.28. "Yard" means the land other than publicly owned land around or appurtenant
to the whole or any part of a residential or non-residential property and used
or capable of being used in connection with the property.
3. General Standards for all Property
1.
2.
3.
3.1.
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within
the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code, Ontario Fire Code and the Fire Prevention and
Protection Act where applicable.
Yards
3.2. Every yard, including vacant lots shall be kept clean and free from:
By-Law 2024-46 Page 7 of 40
a) rubbish or debris and objects or conditions that may create a health,
fire or accident hazard;
b) wrecked, dismantled, or discarded or abandoned machinery, vehicles,
trailers or boats unless it is necessary for the operation of a business
enterprise lawfully situated on the property;
c) long grass, brush, undergrowth and noxious weeds as defined by the
Weed Control Act;
d) dilapidated, collapsed or partially constructed structures which are
not currently under construction;
e) injurious insects, termites, rodents, vermin or other pests; and
f) dead, decayed or damaged trees or other natural growth.
Surface Conditions
3.3. Surface conditions of yards shall be maintained so as to:
a) prevent ponding of storm water;
b) prevent instability or erosion of soil;
c) prevent surface water run-off from entering basements;
d) not exhibit an unsightly appearance;
e) be kept free of garbage and refuse;
f) be kept free of deep ruts and holes;
g) provide for safe passage under normal use and weather conditions,
day or night; and
h) not to create a nuisance to other property.
Sewage and Drainage
3.4. Sewage shall be discharged into the sewage system.
By-Law 2024-46 Page 8 of 40
3.5. 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.
3.6. Surface water, roof drainage or sump pit waste shall not be discharged onto
roads, sidewalks, stairs, or adjacent property, or other public proper.
Parking Areas, Walks and Driveways
3.7. All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good
repair, free of dirt and litter.
3.8. Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
Accessory Buildings, Fences and Other Structures
3.9. Accessory buildings, fences and other structures appurtenant to the
property shall be maintained in structurally sound condition and in good
repair.
3.10. Accessory buildings, fences and other structures (including permanent signs
and billboards) shall be protected from deterioration by the application of
appropriate weather resistant materials including paint or other suitable
preservative and shall be of uniform colour unless the aesthetic
characteristics of said structure are enhanced by the lack of such material.
3.11. Where an accessory building or a condition on the property may harbour
noxious insects, rodents or vermin, all necessary steps shall be taken to
eliminate the insects, rodents or vermin and to eliminate the conditions so as
to prevent its recurrence.
By-Law 2024-46 Page 9 of 40
Garbage Disposal
3.12. Every building, dwelling and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that
may accumulate on the property between the regularly designated collection
days. Such, receptacles shall be constructed of watertight material, provided
with a tightfitting cover and shall be maintained in a clean and odour free
condition at all times.
3.13. All garbage, refuse and ashes shall be promptly placed in a suitable container
and made available for removal not more than twenty-four (24) hours prior to
the regular garbage collection day.
3.14. Garbage storage areas shall be screened from public view.
3.15. Plastic bags shall not be stored outdoors unless protected from damage.
Composable Heaps
3.16. The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no
larger than one square metre and 1,8 metres in height and is enclosed on all
sides by concrete block, or lumber, or in a forty-five (45) gallons container, a
metal frame building with a concrete floor, or a commercial plastic enclosed
container designed for composting.
4. Residential Standards
General Conditions
1.
2.
3.
By-Law 2024-46 Page 10 of 40
4.
4.1. Every tenant, or occupant, or lessee of a residential property shall maintain
the property or part thereof and the land which they occupy or control, in a
clean, sanitary and safe condition and shall dispose of garbage and debris on
a regular basis, in accordance with municipal by-laws.
4.2. Every tenant, or occupant, or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture, under their control, including hallways,
entrances, laundry rooms, utility rooms and other common areas, in a clean,
sanitary and safe condition.
4.3. Accumulations or storage of garbage, refuse, appliances, or furniture in a
means of egress shall not be permitted.
Pest Prevention
4.4. Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act.
4.5. Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
Structural Soundness
4.6. Every part of a dwelling shall be maintained in a structurally sound condition
so as to be capable of safely sustaining its own weight load and any additional
load to which it may be subjected through normal use, having a level of safety
as required by the Ontario Building Code.
4.7. Walls, roofs and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
By-Law 2024-46 Page 11 of 40
Foundations
4.8. Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and excessive moisture. Maintenance includes
the shoring of the walls to prevent settling, installing sub soil drains, where
necessary, at the footings, grouting masonry cracks, damp proofing and
waterproofing walls, joints and floors.
4.9. Every dwelling, except for slab on grade construction, shall be supported by
foundation walls or piers.
Basement and Cellar Floors
4.10. 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 said floor and connected to the storm sewer system, if
possible.
4.11. Basements, cellars or crawl spaces which are not served by a stairway leading
from the building or from the outside of the building may have a dirt floor
provided it is covered with a moisture proof covering.
Exterior Walls
4.12. Exterior walls of a dwelling and their components, including soffits, fascia, shall
be maintained in good repair, free from cracked, broken or loose masonry
units, stucco and other defective cladding or trim. Paint or some other
suitable preservative or coating must be applied and maintained so as to
prevent deterioration due to weather conditions, insects or other damage.
4.13. Exterior walls of a dwelling and their components shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
By-Law 2024-46 Page 12 of 40
Windows and Doors
4.14. Windows, doors, skylights and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draught-free, to
prevent heat loss and infiltration by the elements. Maintenance includes
painting, replacing damaged doors, frames and other components, window
frames, sashes and casings, replacement of non-serviceable hardware and
reglazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
4.15. In a dwelling unit, all windows that are intended to be opened and all exterior
doors shall have suitable hardware so as to allow locking or otherwise securing
from inside the dwelling unit. At least one entrance door to a dwelling unit
shall have suitable hardware so as to permit locking or securing from either
inside or outside the dwelling unit.
4.16. Solid core, exterior or appropriately rated fire doors shall be provided for all
entrances to dwellings and dwelling units.
4.17. In residential buildings where there is a voice communication unit working in
conjunction with a security locking and release system controlling a particular
entrance door and installed between individual dwelling units and a secured
entrance area, said system shall be maintained in good working order at all
times.
4.18. Every window in a leased dwelling unit that is located above the first storey
of a multiple dwelling shall be equipped with an approved safety device that
would prevent any part of the window from opening greater than would
permit the passage of a 100 mm diameter (3.9 inches) sphere. Such safety
device shall not prevent the window from being fully opened during an
emergency situation by an adult without the use of tools.
By-Law 2024-46 Page 13 of 40
Roofs
4.19. Roofs of dwellings and their components shall be maintained in a weather
tight condition, free from loose or unsecured objects or materials.
4.20. The roofs or dwellings and accessory buildings shall be kept clear of excessive
and/or dangerous accumulations of ice or snow or both that might create a
safety hazard.
4.21. Where eaves troughing, roof gutters, are provided, they shall be kept in good
repair, free from obstructions and properly secured to the building.
Walls, Ceilings and Floors
4.22. Every wall, ceiling and floor in a dwelling shall be maintained so as to provide
a continuous surface free of holes, cracks, loose coverings or other defects.
Walls surrounding showers and bathtubs shall be impervious to water.
4.23. Every floor in a dwelling shall be reasonably smooth and level and maintained
so as to be free of all loose, warped, protruding, broken or rotted boards or
other material that might cause an accident or allow the entrance of rodents
and other vermin or insects.
4.24. Every floor in a bathroom, toilet room, kitchen, shower room and laundry room
shall be maintained so as to be impervious to water and readily cleaned.
Stairs, Porches and Balconies
4.25. Inside and outside stairs, porches, balconies and landings shall be maintained
so as to be free of holes, cracks and other defects which may constitute
accident hazards. Existing stair treads or risers that show excessive wear or
are broken, warped or loose and any supporting structural members that are
rotted or deteriorated shall be repaired or replaced.
By-Law 2024-46 Page 14 of 40
Guardrails
4.26. A guard shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing
or a height of 600 mm (24") between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies. Guardrails, balustrades, and handrails shall be constructed and
maintained rigid in nature.
Kitchens
4.27. Every dwelling shall contain a kitchen area equipped with:
a) a sink that is served with hot and cold running water and is
surrounded by surfaces impervious to grease and water;
b) suitable storage area of not less than 0,23 cubic metres (8 cubic
feet);
c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4
ft) in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable; and
d) a space provided for cooking and refrigeration appliances including
suitable electrical or gas connections.
Toilet and Bathroom Facilities
4.28. Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin and a bathtub or suitable shower unit.
Every washbasin and bathtub or shower shall have an adequate supply of hot
By-Law 2024-46 Page 15 of 40
and cold running water. Every water closet shall have a suitable supply of
running water.
4.29. In a rooming house, there shall be a water closet, washbasin and bathtub or
shower for not more than eight (8) 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.
4.30. Where practical, a washbasin shall be located in the same room as the water
closet.
4.31. No facilities for the preparation, cooking, storage or consumption of food or
for sleeping shall be within a room that contains a toilet.
4.32. Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provided with a door capable of
being locked so as to allow privacy for the persons using said room.
4.33. Where toilet or bathroom facilities are shared by occupants of residential
accommodations other than self-contained dwelling units, an appropriate
entrance shall be provided from a common passageway, hallway, corridor or
other common space to the room or rooms containing the said facilities.
Plumbing
4.34. Each washbasin, a bathtub or shower and one kitchen sink shall be equipped
with an adequate supply of hot and cold running water. Hot water shall be
supplied at a temperature of not less than 43 degrees Celsius (110o F).
4.35. Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
4.36. All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks
By-Law 2024-46 Page 16 of 40
and defects and all water pipes and appurtenances thereto shall be
protected from freezing.
4.37. All plumbing fixtures shall be connected to the sewage system through water
seal traps.
4.38. Every fixture shall be of such materials, construction and design as will ensure
that the exposed surface of all parts is hard, smooth, impervious to hot and
cold water, readily accessible for cleansing and free from blemishes, cracks,
stains or other defects that may harbour germs or impede thorough
cleansing.
Electrical Service
4.39. Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
4.40. The electrical wiring, fixtures, switches, receptacles and appliances located or
used in dwellings, dwelling units and accessory buildings shall be installed and
maintained in good working order so as not to cause fire or electrical shock
hazards. All electrical services shall conform to the regulations established by
the Power Corporations Act, as amended.
4.41. Every habitable room in a dwelling shall have at least one electrical duplex
outlet for each 11,1 square metres (120 sq. ft.) of floor space and, for each
additional 9,3 square metres (100 sq. ft.) of floor area, a second duplex outlet
shall be provided. Extension cords shall not be used on a permanent basis.
4.42. Every bathroom, toilet room, kitchen, laundry room, furnace room, basement,
cellar and non-habitable work or storage room shall be provided with a
permanent light fixture.
4.43. Lighting fixtures and appliances installed throughout a dwelling unit, including
hallways, stairways, corridors, passageways, garages and basements, shall
By-Law 2024-46 Page 17 of 40
provide sufficient illumination so as to avoid health or accident hazards in
normal use.
By-Law 2024-46 Page 18 of 40
Heating, Heating Systems, Chimneys and Vents
4.44. Every dwelling and building containing a residential dwelling unit or units shall
be provided with suitable heating facilities capable of maintaining an indoor
ambient temperature of 21 degrees Celsius (70F) in the occupied dwelling
units. The heating system shall be maintained in good working condition so as
to be capable of safely heating the individual dwelling unit to the required
standard.
4.45. All fuel burning appliances, equipment and accessories in a dwelling shall be
installed and maintained to the standards provided by the Energy Act, as
amended or other applicable legislation.
4.46. Where a heating system or part thereof that requires solid or liquid fuel to
operate, a place or receptacle for such fuel shall be provided and maintained
in a safe condition and in a convenient location so as to be free from fire or
accident hazard.
4.47. Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes, and gases from that part of the dwelling which is
not used, designed or intended to be used for human habitation into other
parts of the dwelling used for habitation. Such separation shall conform to
the Ontario Building Code or Ontario Fire Code.
4.48. All fuel burning appliances, equipment and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
4.49. Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good
repair so as to prevent the escape of smoke, fumes or gases from
entering a dwelling unit. Maintenance includes the removal of all obstructions,
sealing open joints and the repair of loose or broken masonry units.
By-Law 2024-46 Page 19 of 40
4.50. Every chimney, smoke-pipe, flue, and vent shall be installed and maintained
in good condition so as to prevent the heating of adjacent combustible
material or structural members to unsafe temperatures.
4.51. 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.
Fire Escapes, Alarms and Detectors
4.52. A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
provided by the owners of buildings of residential occupancies where
sleeping accommodations are provided for more than ten (10) persons,
except that such systems need not be provided where a public corridor or
exit serves not more than four (4) dwelling units or individual leased sleeping
rooms.
4.53. In addition to the provisions of Article 4.52 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, or detectors of the single
station alarm type, audible within bedrooms when intervening doors are
closed, shall be installed by the occupant between bedrooms or the sleeping
area and the remainder of the dwelling unit, such as in a hallway or corridor
serving such bedrooms or sleeping area. The products of combustion
detector referred shall be:
a) equipped with visual or audio indication that they are in operating
condition;
By-Law 2024-46 Page 20 of 40
b) mounted on the ceiling or on a wall between 152,4 mm and 304,8 mm
(6 to 12 inches) below the ceiling.
c) Carbon monoxide alarms shall be installed and operational in all
dwellings unit where a fuel burning appliance, a fireplace or a garage, is
present. This section applies as of April 15, 2015, as per Fire Code, as
amended.
4.54. Buildings using a fire escape as a secondary means of egress shall have the
escape in good condition, free from obstructions and easily reached through
an openable window or door.
Egress
4.55. Every dwelling and each dwelling unit contained therein shall have a safe,
continuous, and unobstructed passage from the interior of the dwelling and
the dwelling unit to the outside at street or grade level.
4.56. Each dwelling containing more than one dwelling unit shall have at least two
(2) exits, both of which may be common, or the one of which may be common
and the other may be an exterior stair or fire escape. Access to the stairs or
fire escape shall be from corridors through doors at floor level, except access
from a dwelling unit may be through a vertically mounted casement window
having an unobstructed opening of not less than 1,067 mm by 559 mm (42 x
22 inches), with a sill height of not more than 914 mm (36 inches), above the
inside floor. A single exit is permitted from a dwelling unit where the path of
egress is through an exterior door located at or near ground level and access
to such exit is not through a room not under the immediate control of the
occupants of the dwelling unit.
4.57. A required exit shall not pass through an attached garage or built-in garage
or an enclosed part of another dwelling unit.
By-Law 2024-46 Page 21 of 40
Natural Light
4.58. Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly or
indirectly to an outside space and admits as much natural light equal to not
less than ten percent (10%) of the floor area for living and dining rooms and
five percent (5%) of the floor area for bedrooms and other finished rooms.
Ventilation
4.59. Every habitable room in a dwelling unit, including kitchens, bathroom, or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow
of air of at least 0,28 square metres (3 sq. ft.), or an approved system of
mechanical ventilation such that provide hourly air exchanges.
4.60. All system of mechanical ventilation shall be maintained in good working
order.
4.61. All enclosed areas including basements, cellars, crawl spaces and attics or
roof spaces shall be adequately ventilated.
Air Conditioners
4.62. 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.
Garbage, refuse Storage Rooms and Chutes
4.63. 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.
By-Law 2024-46 Page 22 of 40
Elevating Devices
4.64. Elevators and other elevating devices, including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators,
ventilation fans and emergency communication systems, shall be operational
and maintained in good condition.
Disconnected Utilities
4.65. Owners of residential buildings or any person or persons acting on behalf of
such owner shall not disconnect or cause to be disconnected any service or
utility supplying heat, electricity, gas, refrigeration or water to any residential
unit or building occupied by a tenant or lessee, except for such reasonable
period of time as may be necessary for the purpose of repairing, replacing or
otherwise altering said service or utility.
Occupancy Standards
4.66. The number of occupants, residing on a permanent basis in an individual
dwelling unit, shall not exceed one (1) person for every nine (9) square metres
(97 sq. ft.). For the purpose of computing habitable floor area, any area with
the minimum ceiling height less than 2,1 metres (7 ft.) shall not be considered.
4.67. 4.67 No room shall be used for sleeping purposes unless it has a minimum
width of two (2) metres (6.6 ft.) and a floor area of at least seven (7) square
metres (75 sq. ft.). A room used for sleeping purposes by two (2) or more
persons shall have a floor area of at least four (4) square metres (43 sq. ft.)
per person.
4.68. 4.68 Any basement, or portion thereof, used as a dwelling unit shall conform
to the following requirements:
By-Law 2024-46 Page 23 of 40
a) each habitable room shall comply with all the requirements set out in
this By-law;
b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
c) each habitable room shall be separated from service rooms by a
suitable fire separation and approved under the Ontario Building Code
or the Ontario Fire Code;
d) access to each habitable room shall be gained without passage
through a Service room.
Burnt Material and Demolished Material
4.69. In the event of fire or explosion, damaged or partially burnt material and
demolished material shall be forthwith removed from the premises, except
that
such material may be temporarily stored within the barricaded fire damaged
building or unit.
Every building damaged by fire or other causes shall be:
a) Made secure to the neighbours, persons and to other users of the
property,
b) Boarded up by covering all opening through which entry may be with
at least 12.7mm (1/2'') weatherproof sheet plywood securely fastened
to the building,
c) Made secure in order to prevent damage to property and chattels and,
d) Repaired or completely demolished as required by the Property
Standard Officer.
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Should the building have irrecoverable fire damage, the said building shall be
demolished, foundation filled in and land cleared within ninety (90) days after
the date of the fire; until such time, a protective 4' high barricade shall be
installed and kept in good order so as to protect the public.
In the case where a building, having irrecoverable fire damage, is located in a
built-up area and the said site creates esthetical problems (such as smell,
taste, vision, security, discomfort...), to adjacent properties, the Property
Standards Officer may order that such building be demolished, foundation
filled in and land cleared within seven (7) days of the date of notice.
These dispositions above also apply to "Vacant Buildings" and to "Non-
Residential Properties".
5. Vacant Lands and Buildings
5.
5.1. All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within
the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code where applicable.
Vacant Land
5.2. Vacant land shall be maintained to the standards as described in Part 3,
Article 3.02 of this By-law.
5.3. Vacant land shall be graded, filled, or otherwise drained so as to prevent
recurrent ponding of water.
5.4. All permanent signs and billboards shall be maintained in good repair and any
sign which have excessively weathered or faded or those upon which the
By-Law 2024-46 Page 25 of 40
paint has excessively peeled or cracked, shall, with their supporting members,
be removed or put into a good state of repair.
Vacant Buildings
5.5. Vacant buildings shall be kept cleared of all garbage, rubbish and debris and
shall have all water, electrical and gas services turned off except for those
services that are required for the security and maintenance of the property.
5.6. The owner or agent of a vacant building shall restrict access of such building
by covering all openings through which entry may be obtained with at least
12.7 mm (1/2'') weatherproof sheet plywood, to the satisfaction of the Property
Standards Officer.
6. Non-Residential Property Standards
1.
2.
3.
4.
5.
6.
6.1. All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within
the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code where applicable.
Yards
6.2. The yards of non-residential property shall be maintained to the standards
as described in Article 3.02 of this By-law.
By-Law 2024-46 Page 26 of 40
6.3. The warehousing or storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect
of the property shall be maintained in a neat and orderly fashion so as not to
create a fire of accident hazard or any unsightly condition and shall provide
unobstructive access for emergency vehicles. Where conditions are such
that a neat and orderly fashion is achieved but is still offensive to view, the
offensive area shall be suitably enclosed by a solid wall or a painted board or
metal fence not less than 1,8 metres (6 ft.) in height and maintained in good
repair.
Parking Areas and Driveways
6.4. All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete or compacted stone or gravel and shall be kept in good
repair free of dirt and litter. Notwithstanding the foregoing, non-residential
properties which abut residential properties, all areas used for vehicular
traffic and parking shall have a surface covering of asphalt or similar hard
surface.
6.5. All areas used for vehicular traffic, parking spaces and other similar areas shall
be maintained so as to afford safe passage under normal use and weather
conditions.
Structural Soundness
6.6. Every part of a building structure shall be maintained in a sound condition so
as to be capable of safely sustaining its own weight load and any additional
load to which it may be subjected through normal use, having a level of safety
required by the Ontario Building Code. Structural members or materials that
By-Law 2024-46 Page 27 of 40
have been damaged or indicate evidence of deterioration shall be repaired or
replaced.
6.7. Walls, roofs and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
Exterior Walls
6.8. Exterior walls of a building or a structure and their components, including
soffits, fascia, windows, and doors, shall be maintained in good repair free
from cracked, broken or loose masonry units, stucco and other defective
cladding or trim. Paint or some other suitable preservative or coating must be
applied and maintained so as to prevent deterioration due to weather
conditions, insects or other damage.
6.9. Exterior walls of a building or a structure and their components shall be free
of unauthorized signs, painted slogans, graffiti and similar defacements.
Guardrails
6.10. A guard shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing
or a height of 600 mm (24") between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies, as per our Building Code. Guardrails, balustrades, and handrails
shall be constructed and maintained rigid in nature.
Lighting
6.11. All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all persons
By-Law 2024-46 Page 28 of 40
attending the premises or as may be required by the Occupational Health
and Safety Act for industrial and commercial properties. However, lighting
shall not be positioned so as to cause any impairment of use or enjoyment of
neighbouring properties.
By-Law 2024-46 Page 29 of 40
Egress
6.12. All commercial, institutional or industrial buildings shall be provided with exits
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.
Plumbing
6.13. Every commercial, institutional, and industrial building shall contain plumbing
facilities in accordance with the appropriate provincial legislation.
Heating System
6.14. 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.
7. Additional Standards for Heritage Building
1.
2.
3.
4.
5.
6.
7.
7.1.
In addition to the minimum standards for the maintenance and occupancy of
property as set out in this By-law, the owners of a heritage property shall:
By-Law 2024-46 Page 30 of 40
Comply with the standards for heritage property in this section;
a) Maintain, preserve and protect the heritage attributes so as to maintain
the heritage character, visual and structural integrity of the building or
structure; and
b) Maintain the property in a manner that will ensure the protection and
preservation of the heritage attributes.
7.2. Notwithstanding any other provision of this By-law, where a heritage attribute
of a heritage property can be repaired, the heritage attribute shall not be
replaced and shall be repaired:
a) In a manner that minimizes damage to the heritage attributes and
values;
b) In a manner that maintains the design, colour, texture, grain or other
distinctive feature of the heritage attributes; and
c) Using the same types of materials as the original and in keeping with
the design, colour, texture, grain and any other distinctive features of
the original.
d) And, where the same types of materials as the original are no longer
available, using alternative materials that replicate the design, colour,
texture, grain and any other distinctive features and appearance of the
original materials.
7.3. Notwithstanding any other provision of this By-law, where a heritage attribute
of a heritage property cannot be repaired, the heritage attribute shall be
replaced:
a) Using the same types of materials as the original;
By-Law 2024-46 Page 31 of 40
b) b) Using the same types of materials as the original are no longer
available, using alternative materials that replicate the design, colour,
texture, grain and any other distinctive features and appearance of the
original materials;
c) c) In such a manner as to replicate the design, colour, texture, grain and
other distinctive features and appearance of the heritage attribute;
and
d) d) In a manner that minimizes damage to the heritage attributes of the
property.
7.4. Notwithstanding any other provision of this By-law or the Ontario Heritage
Act, no building or structure of a heritage property may be altered or cleared,
including but not limited to be removed, demolished or relocated except in
accordance with the Ontario Heritage Act.
8. Administration and Enforcement
8.
8.1. This By-law shall apply to all property within the limits of the Township of
Champlain.
8.2. Where a provision of this By-law conflicts with a provision of another By-law
in force in the municipality, the provisions that establish the higher standards
to protect the health, safety and welfare of the general public, shall prevail.
Officers
8.3. The Council of the Township of Champlain shall appoint Property Standards
Officer(s) to be responsible for the administration and enforcement of this
By-law.
By-Law 2024-46 Page 32 of 40
8.4. Any Building Inspector, Fire Prevention Officer of the Township, Public Health
Inspector, or Provincial Offences Officer, is hereby authorized and directed to
act as an assistant to the Officer.
Investigation & Enforcement
8.5. Investigation of infractions of standard set in this By-law shall be initiated
upon receipt of a written complaint form from the person making the
complaint or initiated by the Officer. The written complaint shall be filled in
such form as provided in Schedule ''B'' of this By-law.
8.6. The Officer will not inspect the entire premises or suite but will inspect only
those items which are subject of the written complaint.
8.7. Notwithstanding 8.07, the Officer may inspect other areas or items believed
to be unsafe.
8.8. Complaints received by the Township of Champlain will be categorized for
the purpose of response. The categories will be established based on the
threat to public and property and will be as follows:
Table 1 Complaint Prioritizing Schedule
Priority
Level
Category of Complaint
Response Time
A
Threat to personal safety imminent
2 Days
B
Threat to property which may affect personal safety
4 Days
C
Threat to property with no personal safety issues
2 Weeks
D
No threat to person or property
3 Weeks
Orders
8.9. An Officer who determines that a property does not comply with the
standards prescribed in this By-law, may make an Order as per Schedule "C-
1 or C-2" to this By-law.
By-Law 2024-46 Page 33 of 40
8.10. If an Order is not complied with in accordance with the order as deemed
confirmed or modify by the Committee, the Township may cause the
property to be repaired, cleaned, cleared up or demolished, as the case may
be. Also,
8.11. For the purpose of any provisions of this By-law, employees or agents of the
Township may enter the property at any reasonable time, without a warrant,
in order to repair, clean, clear or demolish the property.
By-Law 2024-46 Page 34 of 40
Cost Recovery
8.12. Recovery of any fees for services shall be prescribed in Schedule "A" of this
By-law.
8.13. Any cost incurred by the Township in exercising its authority to inspect under
any provision of this By-law, including but not limited to the cost of any
examination, test, sample or photograph necessary for the purposes of the
inspection, shall be paid by the owner or occupant of the property where the
inspection takes place.
8.14. Where the Township does or causes work to be done, such work shall be done
at the owner's expense, and the owner will be responsible for payment of the
full cost of the work, including any third-party costs, plus any administrative
fees.
8.15. If the owner fails to pay the cost of any work completed under authority of
this By-law within thirty (30) days of the work being completed, the amount,
plus any administrative fees, shall be added to the tax roll of the subject
property and collected in the same manner as municipal taxes.
8.16. Any administrative fees associated with administering or enforcing this By-
law, shall be applied according to Schedule "A" of this By-law.
8.17. The administrative fees set out in Schedule "A" attached hereto shall be
adjusted without amendment to this By-law, in accordance with the Users
Fee by-law of the Township, as amended from time to time.
Property Standards Committee
8.18. Council shall appoint at large, by a Resolution (or By-law) of Council no fewer
than three (3) persons who are residents of the Township of Champlain to the
Property Standards Committee for a term of office concurrent with Council.
By-Law 2024-46 Page 35 of 40
8.19. Each member of the Property Standards Committee, appointed by Council,
shall be entitled to an honorarium.
8.20. An owner or occupant who has been served with an order may appeal the
order and may appeal to the committee by sending a Notice of Appeal,
including the grounds for an appeal and pay the applicable fee set out in
Schedule "A". The Notice of Appeal shall be in writing in the prescribed form
identified as Schedule "D" and shall be sent by registered mail to the
Secretary of the Committee within fourteen (14) days after being served with
the order.
Hearing
8.21. The Secretary of the Committee, in respect of the notice of appeal shall:
a) determine the date, place and time of the hearing of the appeal which
shall take place not less than seven (7) days and not more than thirty
days from the date of receipt of the aforesaid notice;
b) give notice in writing, via email, registered mail or personal service, of
the date, place and time of the hearing referred to in paragraph a) to
the applicant and the Officer who issued the order; and
c) any other interested persons who the committee considers should
receive the notice.
Decision of the Committee
8.22. The Committee may; confirm, modify or rescind the order; or extend the time
for complying with the order, if in the committee's opinion, the general intent
and purpose of the By-law are maintained.
8.23.
By-Law 2024-46 Page 36 of 40
8.24. The secretary of the Committee shall notify the appellant, the Officer who
issued the order; and any other person who appeared at the hearing of the
appeal, and requested a copy of such decision be provided.
8.25. The decision of the Committee may be appealed to the Superior Court of
Justice by notifying the Clerk of the municipality in writing and by applying to
the Court within 14 days after a copy of the decision is sent, in accordance
with Section 15.3.(4) of the Building Code Act.
Compliance
8.26. The owner of any property which does not conform to the standards as set
out in this By-law, shall repair and/or maintain said property to comply with
the standards or the property shall be cleared of all buildings, structures,
debris or refuse and left in a levelled and graded condition.
8.27. Following the inspection of a building, or on the request of the Owner, the
Officer may issue to the Owner a Certificate of Compliance if, in his opinion,
the property is in compliance with the standards of this By-law. The
Certificate of Compliance will be in the form of Schedule ''F''.
8.28. If a Certificate of Compliance, Schedule "E" to this By-Law, is issued at the
request of the Owner, the Owner shall pay a fee as per the current fee in
Schedule "A", or as per Users' Fee By-law of the Township of Champlain as
amendments.
Validity
8.29. If an article of this By-law is for any reason held to be invalid, the remaining
articles shall remain in effect until repealed.
8.30. Where a provision of this By-law conflicts with the provisions of another by-
law in force within the Township of Champlain, the provisions that establish
By-Law 2024-46 Page 37 of 40
the higher standards to protect the health, safety and welfare of the general
public shall prevail.
Penalties
8.31. An owner who fails to comply with an order that is final and binding under this
By-law is guilty of an offence and is subject to a penalty as provided by the
Administrative Monetary Penalty System (AMPS) By-law, as amended from
time to time.
Repeal of Existing By-Laws
8.32. By-law Number 99-25 and 2000-71 of the Township of Champlain are hereby
repealed on August 1, 2024:
8.33. This By-Law shall come into force and into full effect on August 1, 2024.
Transitional Rules
8.34. After the date of the passing this By-law, By-law No. 2024-46, as amended,
shall apply only to those properties in which an Order to Comply has been
issued prior to the date of passing of this By-law, and then only to such
properties until such time as the work required by such Order has been
completed or any enforcement proceedings with respect to such Order,
including any demolition, clearance or repair carried out by the Township of
Champlain shall have been concluded.
8.35. Any Schedule attached to the By-law shall be deemed to form part of this
By-law.
By-Law 2024-46 Page 38 of 40
Severability Section
8.36. If a court of competent jurisdiction should declare any paragraph or part of
a paragraph of this By-law to be invalid or ultra vires, such paragraph or part
of a paragraph 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.
Read a first, second and third and duly adopted this 28th day of November, 2024.
Normand Riopel, Mayor
Alison Collard, Clerk
By-Law 2024-46 Page 39 of 40
Schedule "A" - Service and Use Activity Charges
Property Standards By-law 2024-46 - Administrative Fees
The following fees shall be considered Administrative Fees:
Table 2 Administrative Fees and Categories
Types of administrative fees
Administrative fee amount
Property Standards Appeal Committee
$100.00 (Per Case)
Appeal Processing Fee
$150.00 (Per Order)
Officer Attendance on site during clean-up and/or remedial
work (minimum 2 hours)
$60.00/Hour
Re-Inspection fee
$75.00/per inspection
Service by mail fee
$15.00
Administration fee - Cost of work + Administration fee
(Minimum 150.00$ - Maximum 650.00$)
25%
Issuing of a Property Standards Order
$50.00
Subsequent Order
$150.00
Certificate of Compliance
$50.00
Discharging an Order on Title (Legal fee + Flat fee)
$150.00
Title Search
$40.00
Landlord/Tenant Tribunal - Request to Appear
(Minimum 1 Hour - payable in advance)
$60.00/Hour
By-Law 2024-46 Page 40 of 40
The following schedules are available on the Township's website
- Schedule B - Property Standards Complaint Form
- Schedule D - Notice of Appeal to the Property Standards Committee
The following schedules are for internal use and are available by contacting the
By-Law Department of the Township.
- Schedule C-1 - Order to Remedy Violation of Standards of Maintenance
and Occupancy
- Schedule C-2 - Emergency Order of Standards of Maintenance and
Occupancy
- Appendix A to Schedule C-1 and C-2 - (describes the repairs necessary to
correct the defects detailed in Appendix "A" be carried out immediately
and property brought to a condition of compliance with the prescribed
standards)
- Schedule E - Certificate of Compliance of Standards of Maintenance and
Occupancy