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The Corporation of the Town of Cobalt
Office Consolidated
User Fee
By-Law No. 2009-003
Being a By-Law to for the Adoption of Standards for the Maintenance and
Occupancy of Property Within the Municipality
By-laws amending Original Municipal By-Law No. 2009-003:
By-Law 2022-21 October 18, 2022
Appendix "3" - Order to Remedy
By-Law 2023-36
December 19, 2023
Fees for Services/Activities Added
Note:
This office consolidation has been prepared to assist the reader in understanding
the amendments to By-Law No. 2009.003.
THE CORPORATION OF THE TOWN OF COBALT
BY-LAW NO. 2009-003
BEING A BY-LAW FOR THE ADOPTION OF STANDARDS
FOR THE MAINTENANCE AND OCCUPANCY OF
PROPERTY WITHIN THE MUNICIPALITY.
WHEREAS under Section 15.1-(3) of the Building Code Act, S.O. 1992, c.23, as amended, a
by-law may be passed by the Council of a municipality prescribing the standards for the maintenance
and occupancy of property within the municipality provided the official plan for the municipality
includes provisions relating to property conditions;
AND WHEREAS the Official Plan of the Town of Cobalt includes provisions relating to property
conditions;
AND WHEREAS the Council of The Corporation of the Town of Cobalt is desirous of passing a
by-law under Section 15.1-(3) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6-(1) of the Building Code Act, S.O. 1992, c.23, requires that a
by-law passed under Section 15.1 of the Building Code Act, S.O. 1992, c.23, shall provide for the
establishment of a Property Standards Committee;
AND WHEREAS Section 15.5-(3) of the Building Code Act, S.O. 1992, C.23, provides Council the
authority to set a fee for the issuance of a Certificate of Compliance.
NOW THEREFORE the Council of The Corporation of the Town of Cobalt hereby enacts the
following as a bylaw:
1. That the Council of the Town of Cobalt adopts the "Property Standards", identified as
Schedule "A", hereto attached and forming part of this by-law.
2. That the effective date of the by-law shall be the date of adoption.
3. That all resolutions/policies/by-laws (specifically By-law No. 93-17 and amendments) with
respect to property standards are hereby repealed.
4. That the Clerk of the Town of Cobalt is hereby authorized to make any minor modifications
or corrections of an administrative, numerical, grammatical, semantically or descriptive
nature or kind to the by-law and schedule as may be deemed necessary after the passage of
this by-law.
READ a first and second time this 13th day of January 2009.
READ a third time and passed this 13th day of January 2009.
Mayor
C.A.O., Clerk-Treasurer
SCHEDULE "A"
TO BY-LAW NO. 2009-003
PROPERTY STANDARDS
TABLE OF CONTENTS
DESCRIPTION
PAGE
PART I - DEFINITIONS OF WORDS AND PHRASES
1-3
PART II - GENERAL STANDARDS FOR ALL PROPERTIES
4-6
PART III - RESIDENTIAL STANDARDS
7-11
PART IV - VACANT LANDS AND BUILDINGS
12
PART V - NON-RESIDENTIAL USE PROPERTY STANDARDS
13-15
PART VI - ADMINISTRATION AND ENFORCEMENT
16-17
FORMS
18-21
Page 1 of 21
1
PART I
DEFINITIONS
PART 1 - DEFINITIONS OF WORDS AND PHRASES:
1.01 Definitions of words and phrases used in this by-law that are not included in the list of
definitions in this Part shall have the meanings as defined in Article 1.4.1.2 of the Ontario Building
Code where so provided, and otherwise the meanings which are commonly assigned to them in the
context in which they are used in this By-law.
1.02 The words and phrases defined in this section have the following meaning for the purposes of
this By-law.
"Accessory Building" means a detached building or structure, not used for human
habitation, that is naturally and normally incidental and subordinate to the primary use of the
building or structure located on the same property.
"Apartment Buildings" means a building containing two or more dwelling units which have
interior access to each other or which share a common access to exit, or common exit through an
internal or exterior corridor system, lobby or stair and includes all such buildings whether under
single ownership or condominium tenor.
"Approved" means acceptance by the Property Standards Officer or the authority having
jurisdiction.
"Basement" means a storey or storeys of a building located below the first storey.
"Building" means "building" as defined in the Building Code Act.
"Building Code Act" means the Building Code Act, S.O. 1992, c.23, as amended.
"Common Area(s)" means those areas of a building, on a Residential Use Property that are not
located within a dwelling unit, which are accessible to and for the use of the occupants of the
building and or the public, and includes, but is not limited to; interior and exterior stairs, stairways,
fire escapes, corridors, hallways, landings, decks, platforms, mezzanines, lobbies, laundry rooms,
garbage rooms, exercise rooms, recreational rooms, and toilet rooms.
"Developed Lot" means all property located in Residential, Commercial, Industrial, Recreational,
or Institutional zones; and lands adjacent to buildings or structures located in Rural and Agricultural
zones.
"Dwelling Unit" means a suite within a building on residential use property operated as a
housekeeping unit, used or intended to be used exclusively as a domicile by 1 or more persons and
usually contains cooking, eating, living, sleeping, and sanitary facilities.
Page 2 of 21
2
"Exterior Envelope" means those parts of a building normally exposed to the elements and the
effects of the sun, rain, snow and wind including the walls, roofs, soffits, fascia, gable ends,
windows, doors and portions of the foundation located above grade.
"First Storey" means the storey with its floor closest to grade and having its ceiling more than 1.8
metres (5 ft 11 in) above grade.
"Guard" means a protective barrier around openings in a floor, or at the open side or sides of stairs,
landings, balconies, mezzanines, galleries, raised walkways, or other locations to prevent
accidental falls from one level to another.
"Licensed Vehicle" means any type of motorized vehicle or trailer or variation thereof that was
originally manufactured for use on public roads or lands and includes automobiles, trucks,
motorcycles, snowmobiles, ATV's and similar recreational type vehicles.
"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 suite, a room, or a contained open
space, to a public thoroughfare or an approved area of refuge usually located outside the building.
"Non-Residential Use Property" means a property on which there are no buildings or structures
that contain a dwelling unit, or on which no buildings or structures could lawfully be constructed that
contain a dwelling unit, other than as permitted in Industrial Zones, and includes the lands and
premises and accessory buildings, structures, fences or erections thereon or therein.
"Ontario Building Code" means O. Reg 350/06 made under the Building Code Act, S.O.
1992, c.23 and amendments thereto.
"Owner" shall mean and include:
(a) the person for the time being managing or receiving the rent of the land or premises in
connection with which the word is used, whether on the person's own account or as agent or
trustee of any other person, or who would so receive the rent if such land and premise were
let, and
(b) A lessee or occupant of the property who, under the terms of a lease, is required to repair
and maintain the property in accordance with the standards for the maintenance and
occupancy of property.
"Officer" means a Property Standards Officer.
"Noxious Weeds" means noxious weeds as defined in the Weed Controls Act R.S.O. 1990, c.W.5
"Pesticides Act" means the Pesticides Act, R.S.O. 1990 c. P. 11
"Person" means an individual, firm or corporation.
"Property Standards Officer" means an officer who has been assigned the responsibility of
administering and enforcing by-laws passed under Section 15.1 of the Building Code Act.
Page 3 of 21
3
"Property Standards Committee" means the Committee established pursuant to Section 15.6 of
the Building Code Act.
"Property" means the area of land as further defined in this bylaw as Residential Use Property,
Non-Residential Use Property and/or Vacant Property.
"Residential Use Property" means a property on which is located a building, or on which a
building could lawfully be constructed for the use as a domestic establishment in which sleeping
accommodation is provided for one or more persons but who are not harboured or detained there to
receive medical care or treatment or who are not involuntarily detained, and includes any lands, and
accessory buildings that are appurtenant to such building and all stairways, walkways, driveways,
parking spaces, and fences associated with the building and its yard.
"Standards" means the minimum standards of the physical condition of a building to allow
occupancy as prescribed for in this Bylaw.
"Suite" means a single room or a series of rooms of complimentary use, operated under a single
tenancy, and includes, (a) dwelling units, (b) individual quest rooms in motels, hotels, boarding
and rooming houses and dormitories, and (c) individual stores and individual or complimentary
rooms for business and personnel services occupancies.
"Toilet Room" means a room containing a water closet and a wash basin.
"Town " means the Town of Cobalt.
"Undeveloped Property" means land that is not a Developed Lot
"Unlicensed Vehicle" means any vehicle that is not a licensed vehicle and includes, but is not
limited to construction and road building equipment, farm use motorized equipment, tractors,
implements and allied equipment, boats, trailers and off road ATV's, that were not originally
manufactured for use on public roads or lands.
"Vacant Property" means the area of land situated between the perimeter lot lines of a lot, on which
there are no building or structures or portions thereof currently constructed or situated.
"Yard" means vacant land on developed lots and area of land on developed lots between the exterior
wall of any buildings or structures that are located on the lot, and the lot lines of said lot.
" Zone(s)" means a designated area of land use as prescribed in the Zoning bylaws currently in
effect in the Town of Cobalt and amendments thereto.
Page 4 of 21
4
PART II
GENERAL STANDARDS FOR ALL PROPERTIES
2.01 All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned. All new
construction, renovations or repairs shall conform to the Building Code Act, the Ontario Building
Code, the Fire Prevention and Protection Act, and the Ontario Fire Code where applicable.
YARDS
2.02 Every yard in all Zones shall be kept clean and free from:
(1) rubbish or debris and objects or conditions that may create a health, fire, or accident
hazard.
(2) wrecked, dismantled, discarded, abandoned or otherwise non operational unlicensed
vehicles that are not necessary for the operation of a business enterprise lawfully situated on
the property.
(3) wrecked, dismantled, discarded, abandoned or otherwise non operational licensed vehicles
that do not have current registration, and mechanical certification by the authority having
jurisdiction so as to be deemed roadworthy for use on public streets or highways, that are
not necessary for the operation of a business enterprise lawfully situated on the property.
(4) dilapidated, collapsed, partially collapsed or partially constructed buildings or structures
that are not currently under construction or renovation authorized by a permit issued
pursuant to the Building Code Act.
(5) buildings or structures which have sustained damage due to flood, fire, or the effects of
wind, rain or snow that render the building unusable for its normal intended use, that are not
under renovation authorized by a permit issued pursuant to the Building Code Act.
(6) mobile homes, modular homes, or pre-manufactured type buildings that have been moved
onto the property unless a permit to construct such buildings has been issued pursuant to the
Building Code Act.
SURFACE CONDITIONS YARDS
2.03 Surface conditions of yards on developed lots shall be maintained so as to:
(1) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements;
Page 5 of 21
5
(4) not exhibit an unsightly appearance in comparison to adjacent property;
(5) be kept free of deep ruts and holes;
(6) provide for safe passage under normal use and weather conditions, day or night;
(7) not to create a nuisance to other property;
(8) kept free of noxious weeds;
(9) kept free of dead, decayed or damaged trees or other natural growth;
(10) kept free of injurious insects, termites, rodents, vermin or other pests.
SURFACE CONDITIONS OF DRIVEWAYS, PARKING AREAS, AND WALKWAYS
2.04 The surface condition of yards on developed lots used for vehicular traffic, driveways,
parking areas or pedestrian walks shall be of asphalt, concrete, concrete paving stones, compacted
stone or gravel and shall be kept in good repair free of dirt and litter so as to afford safe passage
under normal use and weather conditions day or night.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
2.05 Accessory buildings, fences and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2.06 Accessory buildings, fences, and other structures shall be protected from deterioration by the
application of appropriate weather resistant materials including paint or other suitable preservative
and shall be of uniform colour unless the aesthetic characteristics of said structure are enhanced by
the lack of such material.
GARBAGE DISPOSAL
2.07 Every owner of a building, dwelling, and dwelling unit shall provide a sufficient number of
suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the property
between the normal garbage collection days as established in the Town garbage collection by-law.
Such receptacles shall be constructed of watertight material, provided with a tight fitting cover, and
shall be maintained in a clean and odour free condition at all times.
2.08 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made
available for removal in accordance with the Town Garbage collection by-law where applicable.
2.09 All garbage storage areas shall be screened in a manner that does not allow viewing of the
garbage from any location not on the same property.
2.10
That no owner shall allow more than 1 cubic meter of garbage and/or refuse to accumulate on
the property.
Page 6 of 21
6
COMPOSTING
2.11
All properties shall be permitted one compost pile in accordance with the health regulations,
provided that the pile has an area not exceeding 2 square metres (21.5 ft2) and a height not exceeding
2 metres (6 ft 6 in), is enclosed on all sides by concrete block or lumber, or is contained in a metal or
plastic barrel, a metal frame building with a concrete floor, or a commercial container designed for
composting.
2.12 No animal or human faeces shall be deposited into a compost pile.
2.13 No animal based waste shall be deposited into a compost pile.
Page 7 of 21
7
PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS FOR THE EXTERIOR ENVELOPE AND THE COMMON
AREAS OF RESIDENTIAL USE PROPERTY
3.01 Every owner of a building on a residential use property shall maintain the exterior envelope
and the common areas of the buildings located on the property in accordance with this Part.
PEST PREVENTION
3.02 Openings in the exterior envelope of buildings on residential use property that may permit the
entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed.
3.03 Buildings on the residential use property 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 and all Town bylaws.
STRUCTURAL SOUNDNESS
3.04 Buildings on residential use property shall be maintained in a structurally sound condition so
as to be capable of withstanding the live and dead loads that it may be exposed to, and the
anticipated effects of wind, rain and snow to which it may be exposed.
3.05 Foundation walls supporting buildings on residential use property 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, and the installation of sub soil drains at the footing level, grouting
masonry cracks, and the damp proofing and waterproofing of walls and floors were necessary.
EXTERIOR ENVELOPE
3.06 The exterior envelope of buildings on residential use property, including siding or cladding,
masonry, soffits, fascia, and trim components shall be maintained in good repair, free from loose or
improperly secured objects or materials. Paint or other suitable preservatives or coatings must be
applied where necessary so as to prevent deterioration due to weather conditions, insects or other
hazards.
3.07 The exterior envelope of a buildings on residential use property shall be kept free of signs,
painted slogans, graffiti and similar defacements that have not been approved by the Town .
Page 8 of 21
8
WINDOWS AND DOORS
3.08 Windows, doors, skylights, and basement hatchways in the exterior envelope of buildings on
residential use property shall be maintained in good repair, weather tight and draught free, so as to
prevent heat loss and infiltration by the elements. Maintenance includes painting, and the repair or
replacement of damaged doors, door frames, window frames and sashes, and the replacement of non-
serviceable hardware and re-glazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
3.09 Windows and doors in a required means of egress shall be equipped with hardware that can be
readily opened from the interior without keys, special devices or special knowledge and shall be
maintained in operable condition.
3.10 Doors between the common areas of buildings and individual suites shall be equipped with
dead bolt type locking device with a bolt throw with a minimum 1inch.
3.11 Where there is a voice communication unit working in conjunction with a security locking
and release system controlling a particular entrance door and installed between individual dwelling
units and a secured entrance area, the said system shall be maintained in good working order at all
times.
3.12 All windows located above the second story in the exterior envelope of a building on residential
use property that have a sill height less than 1000 mm (3 ft 3 in) from the adjacent floor level shall
be equipped with an approved safety device that prevents any part of the window from being opened
to a position that would permit the passage of a 100 mm diameter (4 inches) sphere, or the window
shall be protected by a guard described in Part III Sections 3.22 of this by-law.
3.13 Notwithstanding section 3.12, where an exterior balcony is constructed the full length of the
window and this balcony is equipped with an approved guard system, the safety device
described in section 3.12 need not be installed on the window.
ROOFS
3.14 Roofs and their components on buildings on a residential use property shall be maintained in a
weather tight condition, free from loose or unsecured objects or materials.
3.15 Roofs shall be kept clear of accumulations of ice or snow where the such accumulations could
result in hazard as a result of the ice or snow falling from the roof, or could effect the structural
integrity of the building as determined by the Property Standards Officer.
3.16 Where eave troughs or roof gutters are provided, they shall be kept in good repair, free from
obstructions and properly secured to the building.
Page 9 of 21
9
INTERIOR WALLS, CEILINGS AND FLOORS
3.17 Every wall, ceiling and floor in the common area of a building on a residential use property
shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or
other defects and were any components thereof are broken, rotted, warped, loose, excessively worn,
or otherwise deteriorated that component shall be repaired or replaced.
INTERIOR AND EXTERIOR STAIRS, PORCHES, BALCONIES, LANDINGS,
MEZZANINES AND FIRE ESCAPES
3.18 Every stair, porch, balcony, landing, mezzanine and fire escape located in the common area or
on the exterior envelope of a building on a residential use property shall be maintained in good
repair and where any components thereof are broken, rotted, warped, loose, excessively worn, or
otherwise deteriorated that component shall be repaired or replaced.
GUARDS
3.19 Every open side of a stair, porch, balcony, landing, mezzanine or fire escape that is located in
the common area or on the exterior envelope of a building on a residential use property, in which
there is a difference in elevation of 600 mm (24 inches) or greater to the adjacent surface, or where
the adjacent surface within 1.2 m (3ft. 11 in) from the walking surface has a slope of more than 1in
2, shall be protected by a guard constructed to the standards as described in Sections 3.20 of this
By-law.
3.20 Guards where required elsewhere in this By-law shall:
a) not have any component that facilitates climbing located between 100 mm (4 in.) and 900
mm (35 in.) above the floor level of the stair, porch, balcony, landing, mezzanine or fire
escape that the guard is designed to protect,
b) be not less than 900 mm (35 inches) in height, measured vertically from a line drawn
through the outside edges of the stair nosing or from the surface of a ramp
c) be not less at than 1 metre (39.4 inches) in height above a surface described in Sec 3.19 or
Sec 5.09 of this By-law.
d) not have any openings which will allow the passage of a spherical object having a diameter
of more that 100 mm (4 in.), and
e) be capable of supporting a horizontal load applied inward or outward at the top of 3.0 kN/m
(200 lb/ft), a vertical load of 1.5 kN/m (100 lb/ft), and a concentrated horizontal load of .5
kN (113 lb) applied to individual elements whether they be panels or pickets. These loads
need not be considered to act simultaneously with the horizontal load.
HANDRAILS
3.21 Every ramp, and stairway with 3 risers or more in the common area and exterior envelope of a
building on a residential use property, shall have a handrail on at least one side, and where 1.5 metre
(59 in) or more in width, shall have handrails on both sides. Handrails shall be constructed to the
standards as described in Section 3.22 of this By-law.
Page 10 of 21
10
3.22 Handrails where required elsewhere in this By-law shall be continuously graspable along their
entire length and shall:
a) have a circular cross-section with an outside dimension of not less than 30 mm (1-3/16 in)
and not more than 50 mm (2 in) or be any non-circular shape with a graspable portion that has
a perimeter not less than 100 mm (4 in) and not more than 155 mm (6-1/8 in) and whose
largest cross-sectional dimension is not more than 57 mm (2-1/4 in),
b) be not less than 800 mm (2 ft 7 in) and not more than 965 mm (3 ft 2 in) high, measured
vertically from a line drawn through the outside edges of the stair nosing or from the surface
of the ramp,
c) be continuous throughout the length of the stairway, including landings, except interrupted by
doorways or newels at changes of direction,
d) have a clearance of not less than 40 mm (1-9/16in) between the handrail and any wall to
which it is fastened, and
e) shall be designed and constructed to withstand the loading values obtained from the non-
concurrent application of
i)
a concentrated load not less than 0.9 kN (200 lb) applied at any point and in any
direction for all handrails, and
ii) a uniform load not less than 0.7 kN (47 lb/ft) applied in any direction to handrails.
ELECTRICAL SERVICE
3.23 Every building on a residential use property that has access to hydro shall be wired for
electricity and shall be connected to an approved electrical supply system unless it can be shown
that an alternate method of supply is being provided.
3.24 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in a
building in a residential use property 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.
3.25 Lighting fixtures and appliances installed in common areas of building on a residential use
property shall provide an average level not less than in Table 3.27 at the floor or tread level and at
angles and intersections and changes of level where there are stairs or ramps.
Table 3.27 Lighting for Common Areas
Forming part of Section 3.27
Rooms or spaces
Minimum Illumination,
lx (ft-candle)
Minimum Lighting Power
Density, W/M2 (W/ft2) of
floor area
(incandescent lighting)
Storage rooms
50 (4.6)
5 (0.46)
Service Rooms and laundry
areas
200 (18.6)
20 (1.86)
Garages
50 (4.6)
5 (.046)
Service hallways and stairways
50 (4.6)
5 (.046)
Recreation rooms
100 (9.3)
10 (0.93)
Public water-closet rooms
100 (9.3)
10 (0.93)
Page 11 of 21
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HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.26 The common area of a building on a residential use property located within the interior of the
exterior building envelope shall be provided with a heating system and those areas shall be
maintained with a minimum ambient temperature of 18 degrees Celsius (64 F.).
3.27 The heating required in Section 3.26 shall be maintained in an operational condition at all
times.
3.28 Notwithstanding Section 3.26, the minimum ambient temperature requirement does not
apply to storage rooms, service rooms or recreation rooms.
ELEVATING DEVICES
3.29 Elevators and other elevating devices including all mechanical and electrical equipment,
lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency
communication systems in the common areas of a building on a residential use property shall at all
times be operational and maintained in good condition and approved.
DISCONNECTED UTILITIES
3.30 Owners of residential use property 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 the common area of a building on a residential use property, 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 12 of 21
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PART IV
VACANT LANDS AND BUILDINGS
VACANT LANDS
4.01 Vacant land shall be maintained to the standards as described in Part II of this By-Law and
with the requirements of this Part.
VACANT BUILDINGS
4.02 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.
4.03 The owner or agent of a vacant building shall board up the building to the satisfaction of the
Property Standards Officer by covering all openings through which entry may be obtained with a
minimum of 12.7 mm (1/2 inch) weatherproof plywood or 11.1 mm (7/16 in) oriented strand board,
securely fastened to the building and painted a colour compatible with the surrounding walls.
Page 13 of 21
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PART V
NON-RESIDENTIAL USE PROPERTY STANDARDS
YARDS
5.01
Yards in non-residential use property shall be maintained to the standards as described in
Part II of this By-Law.
5.02
The warehousing or storage of material or operative equipment that is required for the
continuing operation of the industrial or commercial aspect of the property shall be
maintained in a neat and orderly fashion so as not to create a fire or accident hazard, or an
unsightly condition. Where conditions are such that a neat and orderly fashion is achieved,
however the site is still offensive to view from a location not on the property, as determined
by the Property Standards Officer, the offensive area shall be suitably enclosed by a solid
wall or a painted board or privacy type fence not less than 1.800 metre (6 ft) in height, which
shall be maintained in good repair.
PARKING AREAS AND DRIVEWAYS
5.03 All areas used for vehicular traffic and parking on a non-residential use property shall have a
surface covering of asphalt, concrete, compacted stone or gravel sufficient to support the loads it will
be subjected to and the covering shall be kept in good repair free of dirt and litter. Notwithstanding
the foregoing, where a non-residential use property abuts a residential use property, all areas used
for vehicular traffic and parking on the non-residential use property located within 30 meters (100
feet) of the residential use property shall have a surface covering of asphalt or similar hard surface,
or such other measures as required shall be undertaken to eliminate the effects of dust, sand or gravel
particles originating on those areas from being displaced onto the adjoining residential use property
by the effects of wind or rain.
5.04 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
STRUCTURAL SOUNDNESS
5.05
Every part of a building or structure on a non-residential use property shall be maintained in
a sound condition so as to be capable of withstanding the anticipated live and dead loads that
it may be exposed to, and the anticipated effects of wind, rain and snow to which it may be
exposed under normal use, having a level of safety required by the Ontario Building Code.
Structural members or materials that have been damaged or indicate evidence of
deterioration shall be repaired or replaced.
Page 14 of 21
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EXTERIOR WALLS
5.06 Exterior walls and their components on a building on non-residential use property, shall be
maintained in good repair free from cracked, broken or loose masonry units, stucco, and other
defective cladding or trim and shall be free of unauthorized signs, painted slogans, graffiti and
similar defacement that have not been approved by the Town . 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.
ROOFS
5.07 Roofs and their components on buildings on non-residential use property shall be maintained
in a weather tight condition, free from loose or unsecured objects or material and shall be kept clear
of accumulations of ice or snow where such accumulation may have a detrimental effect on the
structural integrity of the building or where such accumulations otherwise creates a hazard.
5.08 Where eaves trough or roof gutters are provided they shall be kept in good repair, free from
obstructions and properly secured to the building.
GUARDS
5.09 Every open side of a stair, porch, balcony, landing, mezzanine or fire escape that is located on
the exterior or interior of a building on a non-residential use property, and in which there is a
difference in elevation of 600 mm (24 inches) or greater to the adjacent surface, or where the
adjacent surface within 1.2 m (3ft. 11 in) from the walking surface has a slope of more than 1in 2,
shall be protected by a guard constructed to the standards as described in Sections 3.20 of this By-
law.
5.10 Notwithstanding Section 5.09, if it can be shown that children will unlikely be present except
under strict supervision, guards in a building of Industrial Occupancy may be built with openings
that will prevent a spherical object having a diameter of 200 mm (7-7/8 inches) from passing through
it.
5.11 Notwithstanding Section 5.09, if it can be shown that children will unlikely be present except
under strict supervision, guards in a building on a non-residential use property are not required at
loading docks, maintenance pits or at such locations where the presence of the guard would
detrimental to the functionality of the business currently operating in the building.
HANDRAILS
5.12 Every ramp, and stairways with 3 risers or more in a building on a non-residential use property,
shall have a handrail on at least one side, and where 1.5 metre (60 inches) or more in width, shall
have handrails on both sides. Such handrails shall be constructed to the standards as described in
Section 3.22 of this By-law.
Page 15 of 21
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LIGHTING
5.13 Every building on non-residential use property shall have sufficient windows, skylights, and
lighting fixtures necessary for the safety of all persons attending the premises.
5.14 Notwithstanding Section 5.14, interior or exterior lighting on non-residential use property shall
not be positioned or directed in manner that causes any impairment of use or enjoyment of
neighbouring properties or causes a hazard to pedestrian or vehicular traffic on public streets,
highways, or pedestrian walkways.
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16
PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 This By-Law shall apply to all property within the limits of the Town of Cobalt
6.02
Only the values provided with metric units of measure which appear in this By-law are
official. Imperial equivalent values that appear in brackets are included for convenience only.
CERTIFCATE OF COMPLIANCE
6.03 Where an Officer has inspected a property and is of the opinion that the property is in
compliance with the standards established in this By-law, he may issue a Certificate of Compliance
to the owner.
6.04 An Officer shall issue a Certificate of Compliance to the owner of a property who has
requested one, where the Officer has inspected the property and is of the opinion that the property is
in compliance with the standards established in this By-law, and the owner has paid the fee set by
Council pursuant to Section 15.5-(3) of the Building Code Act.
6.05 The fee for issuance of a Certificate of Compliance with the standards established in this
By-law by an Officer shall be One Hundred and Fifty Dollars ($150.00).
OFFICERS
6.06 The Council of the municipality shall appoint by by-law a Property Standards Officer(s) to
be responsible for the administration and enforcement of this By-law.
PROPERTY STANDARDS COMMITTEE
6.07 Council shall appoint by by-law The Mayor and all members of Council to the Property
Standards Committee for a term of office concurrent with Council.
6.08 The Mayor, or designate of the Town shall act as chairman of the Property Standards
Committee.
6.09 The Clerk, or designate of the Town shall act as secretary of the Property Standards
Committee.
6.10
Every person who initiates an appeal of an Order made under section 15.2 (2) of the Ontario
Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the time frame and in the
manner as prescribed in section 15.3 (1) of the Act. All Notices of Appeal shall be accompanied by a
non-refundable payment of one hundred dollars ($100.00).
Page 17 of 21
17
COMPLIANCE
6.11 The owner of any property that 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.
Where any owner fails to comply with an order issued, the municipality may cause the required
work to be done at the cost of the owner. The cost of such work may be recovered by action and
by adding the cost to the tax roll and collecting in the same manner as property taxes. The
Municipality may charge an administrative fee in the amount of $150.00, which may then be
recovered from the Owner.
PENALITY
6.12 An owner who fails to comply with an order that is final and binding under this By-law is guilty
of an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23, and is liable to a penalty or
penalties as set out in section 36 of that Act.
VALIDITY
6.13 If an article of this By-law is for any reason held to be invalid, the remaining articles shall
remain in effect until repealed.
6.14 Where a provision of this By-law conflicts with the provision of another by-law in force
within the municipality, the provisions that establish the higher standards to protect the health, safety
and welfare of the general public shall prevail.
FORMS
6.15 The form for use as an "Informal Notice" shall be on Form PS-A-01 as laid out in Appendix
"1" to this Schedule. A fifty dollar ($50.00) administrative fee shall accompany the issuance of
an "Informal Notice".
ORDERS
6.16 Where an "Informal Notice has been provided, "AN ORDER TO REMEDY VIOLATION OF
STANDARDS OF MAINTENANCE AND OCCUPANCY" issued pursuant to Section 15.2-(2) of
the Building Code Act shall be on Form PS-A-02 as laid out in Appendix "2" to this Schedule. A
one hundred dollar ($100.00) administrative fee shall accompany the issuance of an "AN ORDER
TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY".
6.17 Where no "Informal Notice" has been provided, "AN ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY" issued pursuant to Section 15.2-
(2) of the Building Code Act shall be on Form PS-A-03 as laid out in Appendix "3" to this Schedule.
A one hundred dollar ($100.00) administrative fee shall accompany the issuance of an "AN ORDER
TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY".
Page 18 of 21
18
6.18 A "NOTICE OF APPEAL TO THE PROPERTY STANDARDS COMMITTEE" issued
pursuant to Section 15.3-(1) of the Building Code Act shall be on Form PS-A-04 as laid out in
Appendix "4" this Schedule. A fifty dollar ($50.00) administrative fee shall accompany the
issuance of an "NOTICE OF APPEAL TO THE PROPERTY STANDARDS COMMITTEE".
FEES FOR SERVICE/ACTIVITY
6.19 Fees associated with this By-Law shall be set out in Appendix "5".
Page 19 of 21
19
Form PS-A-01
Town of Cobalt By-Law Enforcement
18 Silver Street PO. Box 70,
Roll No.: -
Cobalt, ON P0J 1C0
(705) 679-8877
CORPORATION OF THE TOWN OF COBALT
INFORMAL NOTICE
Date:
Owner's Name and Address
Dear Sir/ Madam:
RE: Description and Location of Property
Be advised that on ( Date of Inspection ) an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-Law No. .
Schedule "A", attached hereto, sets out the work required to remedy such violation and to
bring the property into compliance with the By-Law. As per Section 6.15 of Schedule "A" a fifty
dollar ($50.00) administrative fee shall accompany the issuance of an INFORMAL NOTICE.
Be advised that By-Law No. gives the municipality the authority to issue an ORDER
TO COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O. 1992, c.23. As per
Section 6.16 of Schedule "A" a one hundred dollar ($100.00) administrative fee shall
accompany the issuance of an ORDER TO REMEDY VIOLATION.
It is desired that you will comply with this informal notice so that the aforementioned procedural
step will not be necessary.
A follow-up inspection of this property will take place on or about (Date ______ ) to ascertain
compliance.
Should you require further information pertaining to this matter please do not hesitate to contact
the undersigned during normal business hours.
Property Standards Officer
Appendix "1" of Schedule "A" of By-law 2009-003
Page 20 of 21
20
Form PS-A-02
Town of Cobalt By-Law Enforcement
18 Silver Street, P.O. Box 70
Roll No.:
Cobalt, ON P0J 1C0
(705) 679-8877
CORPORATION OF THE TOWN OF COBALT
ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Owner's Name and Address
Dear Sir/ Madam:
RE: Description and Location of Property in Violation
WHEREAS on ( Date ) you were served with an Informal NOTICE that required you to
remedy certain violations of standards of maintenance and occupancy at your property,
described above.
AND WHEREAS you have failed to remedy the noted violation(s) as set out in Schedule "A",
attached hereto and which forms part of this ORDER. As per Section 6.16 of Schedule "A" a
one hundred dollar ($100.00) administrative fee shall accompany the issuance of an ORDER
TO REMEDY VIOLATION.
THEREFORE, IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the prescribed standards
as set out in the Property Standards By-Law No. on or before (Date)
TAKE NOTICE that if such violations are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or
conditions of the order, the owner may appeal to the committee by sending a NOTICE OF
APPEAL by registered mail to the Secretary of the committee within fourteen (14) days after
service of the order, and, in the event that no appeal is taken, the order shall be deemed to
have been confirmed. All Notices of Appeal accompanied by a non-refundable payment of fifty
dollars ($50.00)
FINAL DATE FOR APPEAL:
Property Standards Officer
Appendix "2" of Schedule "A" of By-law 2009-003
Page
3 of 30
Form PS-A-03
Town of Cobalt
18 Silver Street, P.O. Box 70
Roll No.:
Cobalt, ON P0J 1C0
(705) 679-8877
CORPORATION OF THE TOWN OF COBALT
ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date:
Owner's Name and Address
Dear Sir/ Madam:
RE: Description and Location of Property in Violation
BE ADVISED that on( Date of Inspection ) an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-Law No. .
Schedule "A", attached hereto, sets out the work required to remedy such violation and to
bring the property into compliance with the By-Law. As per Section 6.17 of Schedule "A" a one
hundred dollar ($100.00) administrative fee shall accompany the issuance of an ORDER TO
REMEDY VIOLATION.
IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be remedied and
the property brought into a condition of compliance with the prescribed standards as set out in
the Property Standards By-Law No. on or before Date
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this order,
the municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or
conditions of the order, the owner or occupant may appeal to the committee by sending a
NOTICE OF APPEAL by registered mail to the Secretary of the committee within fourteen (14)
days after service of the order, and, in the event that no appeal is taken, the order shall be
deemed to have been confirmed. All Notices of Appeal accompanied by a non-refundable
payment of fifty dollars ($50.00)
FINAL DATE FOR APPEAL:
Property Standards Officer
Appendix "3"of Schedule "A" of By-law 2009-003
Page
4 of 30
Form PS-A-04
Town of Cobalt By Law Enforcement
18 Silver Street, Cobalt, Ontario
Roll No.:
P.O. Box 70,Cobalt ON P0J 1C0
CORPORATION OF THE TOWN OF COBALT
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.3-(1) of the Ontario Building Code Act
Date:
To the Secretary
Property Standards Appeal Committee
Corporation of the Town of Cobalt
P.O. Box
Cobalt, ON
P0J 1C0
RE: Order to Remedy Violation of Standards of
Maintenance and Occupancy at:
Description and Location of Property in Violation
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal Committee
because of dissatisfaction with the above referenced order to remedy violation of standards of
maintenance and occupancy served upon the undersigned on
Name (Owner or Agent)
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
An owner or occupant who has been served with an order made under The Building Code Act,
S.O. 1992, Chapter 23, Section 15.2(2) and who is not satisfied with the terms or conditions of
the order may appeal to the committee by sending a NOTICE OF APPEAL by registered mail to
the Secretary of the committee within fourteen days after service of the order, and, in the event
that no appeal is taken, the order shall be deemed to have been confirmed. All Notices of
Appeal shall be accompanied by a non-refundable payment of fifty dollars ($50.00).
Signature of Owner or Authorized Agent
Appendix "4" of Schedule "A" of By-law 2009-003
Page 5 of 30
THE CORPORATION OF THE TOWN OF COBALT
APPENDIX "5" OF SCHEDULE "A" TO
PROPERTY STANDARDS BY-LAW NO. 2009-003
Fees for Service/Activity
SERVICE OR ACTIVITY
FEE
Appeal of Order
The fee for a Notice of Appeal shall be:
Fifty Dollars ($50.00)
Informal Notice
Upon receipt of an Informal Notice, the owner who has been
served with the Informal Notice, shall pay an administration fee of:
Fifty Dollars ($50.00)
Order to Remedy Violations
Upon receipt of an Order, the owner who has been served with the
Order, shall pay an administration fee of:
One Hundred Dollars ($100.00)
Inspections Where Owner Fails to Comply with an Order
Owners, who fail to comply with a confirmed Order, shall pay an
inspection fee of:
For each additional inspection conducted to determined if
contraventions observed on an initial inspection have been
corrected:
Fifty Dollars per Inspection
($50.00 / inspection)
Fifty Dollars per Inspection
($50.00 / inspection)
Certificate of Compliance
The fee for issuance of a Certificate for Compliance with the
standards established in this By-Law by an Officer shall be:
One Hundred & Fifty Dollars
($150.00)
THE CORPORATION OF THE TOWN OF COBALT
APPENDIX "6" OF SCHEDULE "A" TO
PROPERTY STANDARDS BY-LAW NO. 2009-003
Certificate of Compliance