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THE CORPORATION OF THE TOWN OF COCHRANE
BY-LAW NUMBER 646-2009
BEING
A
BY-LAW
TO
PROVIDE
MINIMUM
STANDARDS FOR THE MAINTENANCE OF THE
PHYSICAL
CONDITION
AND
FOR
THE
OCCUPANCY OF ALL PROPERTY IN THE TOWN
OF COCHRANE
WHEREAS Section 12 1(3) of the Ontario Building Code Act S O 1992 c 23, as
amended authorizes the passing of a by-law for prescribing standards for the
maintenance and occupancy of property within the municipality and requiring property
that does not conform with the standards to be repaired and maintained to conform with
the standards or the site to be cleared of all buildings, structures, debris or refuse and
left in graded and leveled condition;
AND WHEREAS the Council of the Corporation of the Town of Cochrane deems
it expedient to pass such a By-law;
AND WHEREAS the Town of Cochrane has an Official Plan, which includes
provisions relating to property conditions;
NOW THEREFORE the Council of the Corporation of the Town of Cochrane
enacts as follows:
PART I- SHORT TITLE, DEFINITIONS, AND SCOPE
SHORT TITLE
1.1
This by-law shall be referred to as "The Property Standards By-law".
DEFINTIONS
1.2
In this by-law
"Accessory Building" means a building or structure that is naturally and
normally incidental, subordinate and exclusively devoted to the main building and
which is located on the same lot.
"Antique motor vehicle" means a motor vehicle that is 30 years of age or older,
is owned as a collector's item, registered with a bonafide organization and is
operated solely for use in exhibitions, club activities, parades and other similar
functions and is not used for general transportation.
"Balustrade" means a railing supported by a series of short posts forming an
ornamental parapet to balcony or terrace.
"Basement" means that storey of building that is partly below grade and
measured from its floor to the top floor of the first story.
"Building" means a building as defined in the Building Code Act S O 1992 or a
structure, whether temporary or permanent, used for or intended for supporting
or sheltering and use or occupancy and shall include a tent or carport.
"Cellar" means that space of 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.
"Committee" means the Property Standards Committee.
"Corporation" means the Corporation of the Town of Cochrane.
"Council" means the Council o the Corporation of the Town of Cochrane.
"Town" means the Corporation of the Town of Cochrane.
By-Law Number 646-2009
Page Two
"Derelict" shall mean any vehicle, machinery, trailer, boat, or vessel
(1) that has broken or missing parts of such sufficiency so as to render it
incapable of being licensed to operate (where such licensing is
necessary) in its current condition but shall not include a motor vehicle
actively being repaired or restored by the owner, or
(2) that is in a wrecked, dismantled discarded, inoperative or abandoned
condition.
"Derelict motor vehicle" means a motor vehicle as defined in the Highway
Traffic Act that is,
(1) inoperative by reason of removed wheels, motor, transmission or other
parts or equipment necessary for its operation,
(2) not in roadworthy condition
(3) in a state of disrepair or unsightly by reason of missing doors, glass or
body parts, or
(4) inoperable and appears incapable of use as a means of lawful
transportation or has and industry standard book value as a means of
transportation that is less than the cost of repairs required to put it into a
lawful operable condition unless otherwise demonstrated by an
authorized licensed mechanic,
but does not include an antique or historic motor vehicle which is actively being
restored as a collector's or historic vehicle.
"Dwelling" means a building, structure, or part of a building or structure occupied
or capable of being occupied in while or in part for the purposes of human
habitation and includes all land and premises appurtenant thereto and all
accessory buildings, fences or erections thereon or therein.
"Dwelling Unit" means one or more habitable rooms designed or intended for
use by one or more persons as an independent and separate housekeeping
establishment in which separate kitchen and sanitary facilities are provided for
the exclusive use of such person or persons with a private entrance from outside
the building or from a common hallway or stairway inside the building.
"Fence" means a barrier constructed of chain link metal, or of wood, stone, metal
or material having an equivalent degree of strength.
"Fire Resistance Rating" means the time in hours or fraction thereof that a
material or assembly of materials will withstand the passage of flame and
transmission of heat when exposed to fire under specified conditions of test and
performance criteria.
"Floor Area" means the sum of areas of all floors of a building or structure
measured between the external faces of the exterior walls excluding basements,
cellars, attics, garages, porches or other similar appurtenant structures.
"Gate" means a swinging or sliding barrier used to fill or close and access and
shall be comprised of like material as the fence.
"Ground Cover" means any organic or non-organic material so applied, to
prevent the erosion of soil, including but not limited to concrete, flagstone, gravel,
asphalt, grass or other forms of landscaping.
"Habitable room" means any room in a dwelling unit designed, used or intended
use is for living, sleeping, cooking or eating purposes.
'Injurious Insects" means any insect that has the potential for comprising the
structure of a building (eg, termites, carpenter ants and other similar insects) or
that may pose a threat to health of residents (eg, nesting of hornets, wasps, bees
and other similar insects).
By-Law Number 646-2009
Page Three
"Maintenance" means the preservation and keeping in repair of a property.
"Means of Egress" means a continuous path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other
egress facility for the escape of persons from any point within a building, floor
area, room or contained open space to a public thoroughfare or to an exterior
open space protected from fire exposure from the building and having access to
an open public thoroughfare.
"Medical Officer of Health" means the Medical Officer of Health of the
Porcupine Health Unit.
"Non-Habitable Space" means any room or space in a dwelling or dwelling unit
other than a habitable room, and includes a bathroom, toilet room, laundry,
pantry, lobby, communicating corridor, stairway, closet, unfinished basement or
cellar, recreation room, boiler room or other space for service and maintenance
of the building for public use, and for access to, and vertical travel between
storeys.
"Non-Residential Property" means a building or structure not occupied or
capable of being occupied in while or in part for the purposes of human
habitation and includes the lands and premises appurtenant thereto .
"Occupancy" means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property.
"Officer" means a Municipal law Enforcement Officer, Building Inspector, or other
persons assigned the responsibility for enforcing and administering the By-law as
a Property Standards Officer.
"Order Requiring Compliance" shall mean a Property Standards Order issued
pursuant to the provisions of Section 15.2 of the Ontario Building Code Act S.O
1992.
"Order" means the either an Order Requiring Compliance or an Order issued
pursuant to Section 15.8 of the Ontario Building Act S O 1992
"Owner" means and person(s), for the time being, managing or receiving the rent
of, or paying the municipal taxes on the land or premises, in connection with
which the word is used, whether on their own account or as agent, trustee, or any
other person who would so receive the rent if such land and premises were let,
and shall also include a lessee, tenant or occupant of the property who under the
terms of the lease or other rental agreement is required to repair and maintain
the property in accordance with this by-law and may include all other persons
having legal interest in the property.
"Person" means a natural person, an individual, a firm, a corporation, an
association or partnership and their heirs, executors, administrators or other legal
representative of a person to whom the context can apply according to the law.
"Reasonable Time Frame" is determined at the discretion of the Officer and may
be determined with the assistance of a qualified registered personal.
DUTIES AND OBLIGATIONS OF ALL OWNERS
1.3
No person shall
a) Occupy,
b) Use,
c) Permit the use of,
d) Rent or,
e) Offer to rent,
any property that does not conform to the standards set out in this By-law.
By-Law Number 646-2009
Page Four
1.4
The owner of an property shall
a) repair and maintain the property in accordance with the standards set out in
this By-law, or
b) remove or demolish the whole or the offending part of any property that is not
in accordance with the standards.
1.5
All repairs and maintenance or property shall be executed 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.
PART II- GENERAL STANDARDS FOR ALL PROPERTY
YARDS AND VACANT LOTS
2 1
All yards and vacant lots shall be kept clean and free from
a) rubbish or debris,
b) objects or conditions that might create a health, fire, or accident hazard,
c) all derelict machinery, vehicles, trailers, boats or vessels and any component
parts thereof unless it is necessary for the operation of a business enterprise
lawfully situated on the property
d) all derelict motor vehicles whether exposed to view or covered over by means
of a tarpaulin or other cover,
e) long grass, brush, undergrowth and over grown trees, which may cause a
hazard in urban areas,
f) dilapidated, collapsed or partially constructed structures,
g) any unprotected well, pit, trench or other similar unsafe condition,
h) injurious insects, termites, rodents, vermin or other pests,
i) dead, decayed or damaged trees or other natural growth,
j) limbs and branches of trees which have, in whole or in part, become removed
or broken off as a result of wind, lightning, snowing or other natural act, and
k) any other unsightly condition out of character with the surrounding
environment
2.2
Trees and hedges shall be kept trimmed so as not to overhang municipal
sidewalks that may pose a potential hazard to pedestrians and so as not to
obstruct sight lines for a vehicular traffic. Every yard and vacant property shall
be kept free of noxious plants in accordance with the provisions of the Weed
Control Act R.S.O 1990 c W-5 and amendments thereto.
2.3
The warehousing or storage of material or operative equipment that is required
for the continuing operation of the lawfully permitted industrial or commercial
aspect of any property shall
a) be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition, and
b) provide unobstructed access for emergency vehicles
2.4
Where conditions as set out in subsection 2.3 are such that a neat and orderly
fashion achieved but is still offensive to view; the offensive area shall be
enclosed. A solid wall or a painted board or metal fence not less than 1.8 m (6 ft)
in height and not greater than 2.6 m (8 5 ft) and maintained in good repair shall
be constructed. This provision shall not apply to areas covered by a Site Plan
Control Agreement.
2.5
On residentially zoned lands no machinery or parts thereof, or other objects, or
materials, not associated with the normal occupancy and use of the property,
including among other things, appliances and furniture not intended for outdoor
use. Fixtures, paper, cartons, boxes, barrels, buckets, plastic tarpaulin, or
building materials such as lumber, masonry material or glass, other than that
intended for immediate use on the property, shall not be stored or allowed to
remain in an exterior yard.
By-Law Number 646-2009
Page Five
SURFACE CONDITIONS
2.6
Surface conditions of yards shall be maintained so as to
a) prevent recurrent, excessive and hazardous ponding of storm water,
b) prevent instability or erosion of soil,
c) prevent surface water run-off from entering basements of buildings on the
property or onto or into that of any neighbouring property,
d) be kept free of garbage and refuse,
e) be kept free of deep ruts and holes,
f) provide for safe passage under normal use and weather conditions, day or
night.
2.7
All permanent signs and billboards shall be maintained in good repair and signs
that have excessively weathers or faded or those upon which the paint has
excessively peeled or cracked shall, with their supporting members, shall be
removed or put into a good state of repair.
SEWAGE AND DRAINAGE
2.8
Sewage or organic waste shall be discharged into sewerage system.
2.9
Sewage other than ground water or storm water shall not be discharged onto the
surface of the ground, whether into a natural or artificial surface drainage system.
2.10 All elements of the sewage system, including but not limited to, weeping tiles,
septic beds and septic tanks shall be maintained in proper working order and
drained, cleaned out or replaced as required.
2.11 Roof or sump drainage or surface storm water run off shall
a) be drained from the lands so as to prevent recurrent ponding or entrance of
water into a basement or cellar, and
b) not be channeled or installed in a location, as to discharge on sidewalks,
stairs , or neighbouring property
c) Storm water run-off from all down sprouts or impervious surfaces shall be
contained within the limits of the premises from which it is originated and
directed to a point of disposal deemed acceptable by the Officer.
SAFE PASSAGE
2.12 Steps, walks, driveways, parking areas, outside stairs or landings and similar
areas shall be maintained with a safe surface for normal use and weather
conditions day or night.
2.13 Adequate artificial lighting shall be maintained in yards to provide safe passage
to the building entrance and wherever possible, shall not spill over onto abutting
properties.
ACCESSORY BUILDINGS AND FENCES
2.14 Accessory buildings and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2.15 Accessory buildings, fences, and other structures shall be maintained in a good
state of repair.
2.16 Fences shall be maintained in structurally sound condition and in good repair and
shall comply with the restrictions and conditions as provided by municipal by-
laws.
2.17 Fences shall be kept free from objectionable markings, painted slogans, stains or
other defacements.
By-Law Number 646-2009
Page Six
GARBAGE DISPOSAL
2.18 Every building shall have sufficient appropriate receptacles to contain all
garbage, rubbish, ashes and trade waste until pick up day.
2.19 Receptacles shall be standard garbage bags or other garbage containers
commercially sold for the purpose and provided with tight fitting cover.
2.20 Garbage receptacles including garbage bags shall be maintained in a clean state
and shall not be stored in the front yard.
2.21 All garbage, refuse and ashes shall be places in the suitable container and made
available for removal in accordance with the Town's current Solid Waste
Management By-law.
PART III- BUILDING STANDARDS
GENERAL CONDITIONS
3.1
Every owner of a residential property shall maintain the property or part thereof
and the land that 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.
3.2
Ever owner 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.
3.3
Accumulation or storage of garbage, refuse, appliances or furniture in public
hallways or stairways shall not be permitted.
3.4
The accumulation or storage of garbage, refuse, appliances or furniture which is
not meant for outdoor use shall not be stored on any porch deck, stoop, veranda,
balcony or patio that may be visible to any person beyond the said property line.
PEST CONTROL
3.5
Buildings shall be kept free of injurious rodents, vermin and insects and the
presence of their nests, droppings and chew holes at all times. Where evidence
of said items are apparent, methods used for exterminating such pests shall be in
accordance with the provisions of the Pesticides Act, R S O 1990, c P 11 and all
regulations and amendments passed pursuant thereto.
3.6
Basement or cellar windows used or required for ventilation and any other
opening in a basement or cellar, including a floor drain, that might permit the
entry of pests, shall be screened with wire mesh, metal grill or other durable
material that will effectively exclude said pests.
STRUCTURAL STANDARD
3.7
Every part of a dwelling or building shall be maintained in a structurally sound
condition so as to be capable of sustained safely its own weight and any
additional load that may be put on it through normal use having a factor of safety
required by the Ontario Building Code Act.
3.8
All exterior surfaces shall be of materials that provide adequate protection from
the weather.
3.9
Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
3.10 All overhang extensions including but not limited to canopies, marquees, signs,
metal awnings, fire escapes, stand popes and exhaust ducts shall be maintained
in good repair and be properly anchored so as to be kept in sound condition.
By-Law Number 646-2009
Page Seven
3.11 An Officer may require an engineer's report assessing building or structure
including recommended remedial measures, at the expense of the owner, if in
his/her opinion the building or structure is not structurally sound or possesses a
potential health and safety concern for occupants or others. The owner shall be
responsible for any rehabilitation/repair work or to demolish the building or
structure, including specific timelines for rehabilitation/repair or demolition, as per
the recommendations outline in the engineer's report and/or as required by the
Officer.
FOUNDATIONS
3.12 Foundations walls of all buildings shall be maintained in good repair free from
major cracks, breaks or other defects and shall be structurally sound, and where
necessary shall be so maintained by shoring or the walls and joists, grouting
masonry cracks, parging and waterproofing the walls or floors, and installing
subsoil drains at footing levels.
3.13 Every basement, cellar and crawl space in a dwelling or building shall be
adequately ventilated to the outside air.
3.14 A foundation wall of a dwelling or building shall be waterproofed to prevent the
infiltration of moisture.
EXTERIOR WALLS
3.15 Exterior walls of buildings and their components, including eaves, soffits and
fascia, shall be maintained in good repair free from cracked, broken or loose
masonry, stucco, and other defective cladding, or trim, and maintained so as to
prevent deterioration due to weather conditions, injurious insects or other
damage.
3.16 Exterior walls of all buildings and their components shall be free of inappropriate
signs, slogans graffiti and similar defacements.
ROOFS
3.17 Roofs of buildings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials. Shingles or other
coverings that exhibit excessive deterioration shall be replaced as required.
3.18 Accumulations of ice and/ or snow shall to promptly removed from the roofs of
buildings and accessory buildings which slope toward a highway or sidewalk or
where such conditions could hinder the safe passage of the public.
3.19 Where eavestroughing or roofs gutters are provided, they shall be kept in good
repair, free from obstructions or blockages and properly secured to the building
and appropriately sloped to allow for proper water drainage.
DOOR AND WINDOWS
3.20 Windows and exterior doors and frames and basement or cellar hatchways shall
be maintained in good repair and shall be of such construction so as to
a) prevent excessive drafts,
b) minimize heat losses through the infiltration of outside air in the cold weather,
and
c) prevent the entrance of rain.
3.21 Rotted or damaged doors, door frames, window frames, sashes and castings,
weather stripping, broken glass and missing or defective door and window
hardware shall be repaired or replaced.
By-Law Number 646-2009
Page Eight
3.22 Every glass or transparent door accessible to the public shall be designed and
constructed so that the existence and position of such door is readily apparent by
attaching thereto non-transparent hardware, bars or other permanent fixtures and
when constructed of glass shall be constructed of wired glass or safety glass.
3.23 Transparent panels used near accesses to buildings which, because of their
physical configurations or design could be mistaken for doors shall be made
inaccessible to the occupants by a guard, barrier or railing at least 105 cm (42 in)
above the adjacent floor.
STAIRS, PORCHES AND BALCONIES
3.24 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 possible
accident hazard and all treads or risers that show excessive wear or are broken,
warped or loose and all supporting structural members that are rotted or
deteriorated shall be repaired or replaced.
3.25 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.
GUARDRAILS AND BALUSTRADES
3.26 Except as permitted herein, a handrail shall be installed and maintained in good
repair on at least one side of stairs less than 1.1 m (3.6 ft) in width and on 2 sides
of stairs 1.1 m (3.6 ft) in width or greater.
3.27 Handrails are not required for stairs within dwelling units having not more than 2
risers or for exterior stairs having not more than 3 risers and serving not more
than one dwelling.
3.28 Only one handrail is required on exterior stairs having not more that 3 risers
provided such stairs serve now more that 1 dwelling.
3.29 Every exterior landing, porch and ever balcony, mezzanine, gallery, raised
walkway and roof to which access is provided, for other than for maintenance
purposes shall be protected by guards on all open sides. Where the difference in
elevation between adjacent levels exceeds 60 cm (23.6 in), and every exterior
stair with more than 6 risers shall be protected with guards on all open sides
where the difference in elevation between the adjacent ground level and the stair
exceeds 60 cm (23.6 in).
3.30 When a interior stair has more than 2 risers, the sides of the stair and the landing
or floor level around the stair well shall be enclosed by walls or be protected by
guards.
WALLS, CEILINGS AND FLOORS
3.31 Every wall, ceiling and floor in a building shall be maintained so as to provide a
continuous surface free from hazardous holes, cracks, loose coverings or other
defects. Walls surrounding showers and bathtubs shall be impervious to water.
3.32 Every floor in a building shall be reasonably smooth, level, and maintained so as
to be free of loose, warped, protruding, broken, or rotten boards or other material
that might cause an accident or allow the entrance or rodents and other vermin
or insects.
3.33 Every floor in a bathroom, toilet room, shower, laundry room and kitchen shall be
maintained so as to be resistance to water.
By-Law Number 646-2009
Page Nine
KITCHEN
3.34 Every dwelling shall contain a kitchen area equipped with
a) a sink that is served with how and cold running water and is surrounded by
surfaces impervious to grease and water,
b) hot water shall be supplied at a temperature of not less that 43 °C (110 °F)
c) a counter or work area, 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 the
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.35 Every dwelling unit shall contain a bathroom consisting of at least one
operational water closet washbasin, and bathtub or suitable shower unit. Every
wash bin and bathtub or shower shall have an adequate supply of hot and cold
running water Hot water shall be supplied at a temperature of not less than 43°C
(110°F) Every water closet shall have a suitable supply of running water.
3.36 Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provide with a door.
3.37 When toilet or bathroom facilities are shared by occupants of residential
accommodation, 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 contained the said facilities.
3.38 No toilet or urinal shall be located within a room that is used for
a) the preparation, storing or consumption of food, or
b) sleeping purposes
PLUMBING
3.39 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
3.40 All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks and
defects and all water pipes and appurtenances thereto shall be protected from
freezing.
3.41 All plumbing fixtures shall be connected to sewage through water seal traps.
3.42 Every fixture shall be of such materials, construction and design as will ensure
that the exposed surface of all parts are hard, smooth, impervious to hot and cold
water, readily accessible for cleansing and free from blemishes, cracks, stains,
extreme corrosion or other defects that may harbor germs or impede thorough
cleansing.
DISCONNECTED UTILITIES
3.43 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 as
may be necessary for repairing, replacing, or other wise altering said service or
utility.
ELECTRICAL SERVICES
3.44 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
By-Law Number 646-2009
Page Ten
3.45 The electrical wiring, fixtures, switched, switches, receptacles, and appliance
located or used in dwellings, dwelling units and accessory buildings and shall be
installed and maintained in good working order so as not to cause fire or
electrical shock hazards.
3.46 All electrical services shall conform to all applicable regulations of the Electricity
Act 1998, S.O. 1998 c.15 and the Ontario Electrical Safety Code, Ontario
regulation 164/99 or its successor legislation.
3.47 Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 m² (120 ft²) of floor space and for each additional 9.3 m² (100 ft²) or
floor area, a second duplex outlet shall be provided. Extension cords shall not be
used on a permanent basis.
3.48 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.
3.49 Lighting fixtures and appliances installed throughout a dwelling unit, including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination to avoid health or accident hazards in normal use.
HEATING SYSTEM
3.50 Every dwelling unit and building containing a residential dwelling unit shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 22°C (71.6 °F) in the occupied dwelling units. The heating system
shall be maintained in good working condition and capable of safely heating the
individual dwelling units to the required standard on request of the dwelling unit's
tenant.
3.51 When the temperature level cannon be controlled by the tenant, the owner shall
provide an approved secondary heat source under the tenant's control, which is
capable of producing and maintaining the ambient temperature of 22 °C (71.6°F)
within the dwelling unit.
3.52 Adequate combustion air shall be supplied to space that contains a fuel heating
appliance. Only heating appliances approved for use by a recognized standards
laboratory shall be installed or maintained in any room used or intended to be
used for sleeping purposes.
3.53 No dwelling unit shall be equipped with portable heating appliance as the primary
source of heat.
3.54 Where heating equipment burns solid or liquid fuel, a storage place or receptacle
for the fuel shall be provided, maintained and properly constructed to be free
from fire or accident hazards. All storage of fuel shall be at least 1.5 m (5ft) from
the heating appliances. The storage of propane or fuel oil shall comply with the
standards and requirements set out in provincial acts and regulations covering
the storage of such materials.
CHIMNEYS
3.58 Any heating or cooking apparatus or equipment used in the process of burning
fuel shall be properly vented to the outside air by means of smoke pipe or similar
adequate chimney.
3.59 Such heating or cooking apparatus or cooking equipment shall be properly
connected to the chimney or flue by permanently sealed connection.
3.60 All connections between gaseous and liquid fuel burning appliances and
equipment shall be maintained in good repair.
By-Law Number 646-2009
Page Eleven
3.61 All gaseous and liquid fuel burning appliances and equipment shall comply with
the Energy Act 1971, as amended, Every chimney, smoke-pipe, flue and vent
call be installed and maintained in good repair to prevent the expelled 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.
3.62 Every Chimney, smoke-pipe, flue and vent call be installed and maintained in
good condition to prevent the heating of adjacent combustible material or
structural member to unsafe temperatures.
3.63 Every dwelling unit shall be constructed to prevent the passage of smoke, fumes,
and gases from that part of the dwelling that is not used, designed or intended to
be used for human habitation into other parts of the dwelling used for habitation.
Such separations shall conform to the Ontario Building Code.
SMOKE/FIRE ALARM
3.64 Every Owner shall be responsible for providing approved smoke/fire alarm
systems that meet the requirements of the Ontario Building Code, as amended.
3.65 Every Tenant shall be responsible for ensuring that approved smoke/fire alarm
systems required to be provided by the Owner shall be maintained in proper
working order at all times.
OCCUPANCY STANDARDS
3.66 No person shall use or permit the use of non-habitable room in a dwelling for a
habitable room purpose.
3.67 Basements, or portions thereof, used, as a dwelling unit conform to the following
requirements
a) each habitable room shall comply with all the requirements set out in this by-
law
b) floor and walls shall be constructed so as to be damp proofed and impervious
to water leakage
c) each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code,
d) access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room.
3.68 The occupant load of a floor area, or part of a floor area, or of a building or part of
a building not having a floor area, shall be based on 2 persons per sleeping room
or sleeping area in a dwelling unit or suit.
3.69 The floor area under a ceiling that is less than 2.1 m (6.9 ft) high shall not be
counted for computing habitable room space.
3.70 Every room used for sleeping purposes in a dwelling unit shall not be less than 7
m² (65 ft²) of floor area where built in cabinets are provided.
EGRESS
3.71 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.
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3.72 Each dwelling containing more than one dwelling unit shall have at least two
exits, both of which may be common or the one of which may be common and
the other may be and 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 by 0.588m (42 x 22 in) with a sill
height of not more than 0,914 m (36 in) 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.
NATURAL LIGHT
3.73 Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly to an outside
space. The glazed areas of the opening shall have a minimum area of not less
than ten percent of the floor area for living and dining rooms and five percent of
the floor area for bedrooms and other furnished rooms.
PART IV- VACANT OR DAMAGED BUILDINGS
4.1
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.
4.2
Where any building is vacant, unoccupied, or has been damaged by accident,
storm, neglect or other causes or intentional damage, the owner or agent shall
protect such building against the risk of accidental or intentional damage to the
property, or such damage as may be caused to other properties, arising from the
entry of unauthorized persons to the building, by effectively preventing entrance
by unauthorized persons to the satisfaction of the Property Standards Officer.
4.3
For the purpose of Section 4.2, doors, windows, hatches and other openings
through which entry may be obtained are required to be kept in good repair and
secured from unauthorized entry, or entry shall be prevented by closing and
securing the openings.
4.4
Where a vacant or damaged property has not been sufficiently secured, the
officer may issue an Order requiring the owner to secure the property in any of
the following ways
a) boarding which completely covers the opening with at least 12.7mm (0.5 in_
weatherproofed sheet plywood securely fastened to the building,
b) rigid composite panels, securely fastened to the building,
c) sheathing boards installed within the reveal of the exterior cladding and
securely fastened to the building,
d) brick and mortar securely fastened to the building, or
e) concrete blocking and mortar securely fastened to the building.
The options listed above shall be considered progressively more secure with
clause (e) being the most secure. It shall be the officer's discretion to determine
the minimum level of security required. In all options listen above, the materials
used to secure building openings shall be painted or otherwise coated to
generally match the colour of the exterior of the building.
4.5
Where it has been shown that proper level of security has not been achieved, or
the owner's control, attendance or lack of security measures to protect the
property suggests a more secure option be used, the officer may order the owner
to supply more stringent security measures as may be necessary beyond the
options listed in subsection 4.4.
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4.6
Where a building remains vacant for a period of more than ninety (90) days, or in
the opinion of the officer further measures are required, the officer shall ensure
that all utilities serving the building that are not required for the safety or security
thereof, are disconnected or otherwise secured. The purpose of which is to
prevent accidental or malicious damage to the building or adjacent property.
4.7
Any such work required under Part 4 of this by-law shall be done in compliance
with the Ontario Building Code, other applicable codes and by-laws, including but
not limiting the generality of the foregoing, in compliance with the requirement for
obtaining building permits, and with the by-laws applicable to demolition and
clearing to property.
4.8
In the event, that it has been determined by the Officer that a building is beyond
repair, the Officer may order the building to be demolished and the land shall be
cleared of al remains and left in a graded, level and tidy condition.
4.9
Unless new construction is to commence on the same footing and/or foundation
walls immediately following demolition of a building, the footing and foundations
shall be removed unless authorized by the Officer.
FIRE DAMAGED BUILDINGS
4.10 Fire damaged buildings shall be kept clear of all garbage, refuse and debris and
shall have all water, electrical and gas services turned odd except those services
that are required for the security and maintenance of the property.
4.11 When a building is damaged by fire, the officer may order the owner to restore
the building to meet the requirements of this by-law and the Ontario Building
Code.
4.12 When the fire-damaged building or part is occupied again for other than the
purpose of repair, the condition of the building and property shall be first brought
into compliance with all applicable sections of this by-law and the Ontario
Building Code.
4.13 The exterior walls and other surfaces of the building shall have smoke damage or
other defacement removed and the surfaces refinished.
4.14 Where, in the opinion of the officer, structural restoration as it relates to Section
4.11 is not possible or feasible, or is not possible or feasible within a reasonable
timeframe, the officer may order the building to be demolished or otherwise order
the required repair work to be completed.
PART V- DEMOLISHED BUILDINGS AND STRUCTURES
5.1
Where buildings and other structures are demolished, the owner of the property
shall be required to
a) clear the sire of all rubbish, debris, masonry, lumber and other materials and
left in a graded and leveled condition,
b) unless new construction is to commence immediately on the same footings
or foundations walls, the footings and foundations shall be removed unless
authorized by the officer,
c) only clean, inert or native material shall be used as backfill,
d) ensure that building rubble and building contents including, but not limited to,
broken bricks, concrete, furniture, and other items shall not be acceptable as
backfill material,
e) ensure that building services such as gas, electrical and water lines, sewer
lines, and other such services, shall be properly capped off, and
f) the sire shall be graded to unsure that water shall not pond on the site or
drain onto adjoining properties.
By-Law Number 646-2009
Page Fourteen
5.2
When part of a building or structure is demolished, the exterior walls of the
remained part of the building or structure shall comply with the requirements of
this by-law. The walls shall be parged or otherwise treated to prevent the entry of
water into the building and to present a neat and uniform appearance, free from
the outlines or partitions, stairs, doors and floors and from areas of multi-coloured
paint or wallpaper.
PART VI- GROW HOUSES/DRUG OPERATIONS
6.1
In the event that an officer has been notified by a police service that a property
has been or is being used as either Marijuana Grow house or a Clandestine Drug
Operation facility (including methamphetamine labs), the officer shall, in addition
to any other action ordered or permitted by law, register any and all Orders
issued pursuant to an Order or Orders requiring Compliance under authority of
Section 15.2 of the Building Code Act, S.O 1992, against the title of the property
at the local Land Registry Office.
6.2
The Order referred to in Section 6.4 shall contain a schedule that will state
This property has been identified as having been used as a Marijuana
Grow Operation (Clandestine Drug Operation facility). Operations of this
nature are well known to have detrimental effects on the air quality,
electrical systems and structural elements within the structure. It is the
opinion of the municipality that this property shall not be occupied until all
matters referred to in this Order have been addressed and resolved to the
satisfaction of the investigation officer"
PART VII- INTERPRETATION, ADMINISTRATION,GROW HOUSES
ENFORCEMENT, AND REMIDIES/PENALTIES
7.1
Nothing in this by-law is intended to suggest that existing and uses that are lawful
shall be made to be brought into conformity with new/updated legislative
requirements( eg, Ontario Building Code and/or other applicable legislation)
unless otherwise required by law.
7.2
Despite Section 7.1, any new construction, new uses, or unlawful buildings or
uses, shall be required to meet the current legislative standards together with the
provisions as detailed in this by-law.
GENERAL ADMINISTRATION
7.3
This By-law shall be administered and enforced by an Officer as defined in this
by-law.
7.4
An Officer shall keep records of any action taken pursuant to this by-law, shall
maintain a database of property standards files, and shall provide Council with a
report when so requested.
ENFORCEMENT AND ENACTMENT
OFFICERS
7.5
The Council of the Town of Cochrane shall appoint a Property Standards
Officer(s) responsible for the administration and enforcement of this by-law.
7.6
Unless otherwise specified in their appointment By-laws, the Municipal Law
Enforcement Officers and Building Inspectors are hereby assigned the duties of
Property Standards Officers for the Town of Cochrane.
ORDER REQUIRING COMLIANCE
7.7
Where an officer finds that a property does not conform to any of the standards
prescribed in this by-law, the Officer may make an "Order Requiring Compliance"
as provided for in Section 15.2 (2) of the Building Code Act S.O. 1992.
By-Law Number 646-2009
Page Fifteen
7.8
When an officer has reason to believe that there is a notable deficiency in any
structure or structural systems, of a building that may issue an Order pursuant to
Section 15.8 of the Building Code Act. Upon receipt of such order, the owner
shall provide the officer with a report from the required expert or agency detailing
the condition and needed repairs, is any, to the structure or structural system.
PENALTY
7.9
Every owner occupant of property shall comply with an Order Requiring
Compliance as confirmed or modified. Should the owner or occupant fails to
demolish, clean up or repair the property in accordance with and Order Requiring
Compliance as confirmed or modified, the municipality may take action as
stipulated in Section 15.4 of the Building Code Act to bring the property into
compliance.
7.10 Every owner or occupant of property who fails to comply with and Order issued
pursuant to Section 15.8 of the Building Code Act is guilty of an offence and
subject to the penalties as set out in the Act.
7.11 Notice the costs incurred by the Municipality to perform any work required in an
order issued pursuant to this By-law, including an additional administration cost
of $100 for first offence and $250 for each subsequent offence, may be
registered against the owner's land for the purpose of giving notice of the
Municipality's lien against such lands and may be recovered by action or as
municipal taxes.
APPEALS AND PROPERTY STANDARDS COMMITTEE
7.12 Any person receiving an order under this by-law may appeal to the Town's
Property Standards Committee within the timeline specified under the Ontario
Building Code Act, as amended.
7.13 There shall be and is hereby established a Property Standards Committee in the
Town of Cochrane, the Council shall perform the duties of the Property
Standards Committee.
7.14 The Secretary shall keep on file minutes and records of applications and the
decisions thereon, and all other official business of the Committee.
7.15 The rules and practices as set out in Section 15.3 of the Building Code Act S.O.
1992 shall apply to all Appeal proceedings.
7.16 Upon receipt of the Notice of Appeal the Secretary shall arrange for an Appeal
hearing to take place not less than seven days and not more than thirty days
from the date of receipt of the Notice of Appeal and shall give notice of the date,
time and place of the appeal to the Applicant, the Committee members and the
Officer.
VALIDITY
7.17 Should any section, clause or provision of this by-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this
By-law as a whole or any part there of, other than the part so declared to be
invalid.
7.18 Where a provision of this By-law conflict 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 public shall prevail.
By-Law Number 646-2009
Page Sixteen
TRANSITIONAL PROVISION
7.19 Notwithstanding the provision of sections 7.20 and 7.21, after the passing of this
By-law, By-law 2557-91, shall apply only to those properties in respect of which
an Order has been issued prior to the date of passing of this by-law, and then
only to the said properties until such time as all matters relating to such Order
has been completed or any enforcement proceedings in respect of such order,
including demolition and repair by the Municipality, have been concluded
EFFECTIVE DATE OF BY-LAW
7.20 This By-law shall come into force and effect upon the date of its final passage
REPEAL OF EXISTING BY-LAW
7.21 That By-Law Number 2557-91 and 2750-94 of the former Corporation of the
Town of Cochrane and By-Law Number 828 of the former Township of
Glackmeyer are hereby repealed.
READ a first and second time this 26th day of October, 2009
MAYOR
CLERK
READ a third and final time this 26th day of October, 2009.
MAYOR
CLERK