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THE CORPORATION OF THE TOWNSHIP OF COLEMAN
BY-LAW NO. 23-22
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 includes provisions
relating to property conditions is in effect in the municipality; and
WHEREAS the Official Plan of the Township of Coleman includes provisions relating to property
conditions; and
WHEREAS the Council of The Corporation of the Township of Coleman desires to pass 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.
NOW THEREFORE Council of The Corporation of the Township of Coleman hereby enacts
the following as a by-law:
1.
That the Council of The Corporation of the Township of Coleman adopts a Property
Standards By-law identified as Schedule 'A", hereto attached and forming part of this by-
law, which also contains Terms of Reference for the establishment of a Property
Standards Committee.
2.
That the effective date of the by-law shall be the date of adoption.
3.
That By-law 08-08, By-law 08-20, By-law 19-36, By-law 22-12 and any amendments
thereto be hereby repealed.
4.
That the Clerk of the Township of Coleman is hereby authorized to make any minor
modifications or corrections of an administrative, numerical, grammatical, semantically or
description nature or kind to the by-law and schedule as may be deemed necessary after
the passage of this by-law.
Read FIRST, SECOND and THIRD TIME and FINALLY PASSED this 10th day of July, 2023.
____________________________________
Dan Cleroux, Mayor
____________________________________
Christopher W. Oslund, CAO/Clerk-Treasurer
SCHEDULE A TO BY-LAW 23-22
PROPERTY STANDARDS BY-LAW
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, or 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 zones; and lands adjacent to buildings or structures located in Rural and
Agricultural zones.
"Dwelling Unit" means a suite within a building or 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.
"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 storey with its floor closest to grade and having its ceiling more
than 1.8 meters (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
location 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 person 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 332/12 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 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 administrating and enforcing by-laws passed under Section 15.1 of the
Building Code Act.
"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 of 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 and lands, and accessory buildings that are appurtenant to such
buildings 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 complementary use, operated under
a single tenancy, and includes, (a) dwelling units, (b) individual guest rooms in motels,
hotels, boarding and rooming houses and dormitories, and (c) individual stores and
individual or complementary rooms for business and personnel services occupancies.
"Toilet Room" means a room containing a water closet and wash basin.
"Tourist Trailer" means a trailer capable of being used for the temporary living, sleeping
or eating accommodation of persons (notwithstanding that its running gear is or may be
removed).
"Township" means the Township of Coleman
"Undeveloped Property" means land that is not a Developed Lot.
"Unlicenced Vehicle" means any vehicle the is not a licenced 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 buildings 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 Township of Coleman and amendments thereto.
PART II
GENERAL STANDARD 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 Buildings Code, the Fire Prevention 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
unlicenced 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
unlicenced 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 cannot be
moved onto the property unless a permit to construct such buildings has been issued
pursuant to the Building Code Act.
(7) travel trailers may only be used temporarily as a residence or cottage for a
maximum of up to 24 months while a permanent residence or cottage is being constructed
under an approved building permit. A foundation for the new residence will be required
within the first 12 months in order to be allowed to use the travel trailer on the lot for the
additional 12 months. Anyone using a travel trailer temporarily under this section must
ensure that any wastewater, sewage, blackwater, greywater is disposed of at an
approved facility at the owner's expense.
(8) Notwithstanding Section 2.02 (7) above, the use of tourist trailers on
developed properties that have an approved building, including approved septic and well,
may be used for temporary accommodations to house guests when they are visiting. Any
wastewater, sewage, blackwater, greywater must be disposed of at an approved facility
at the owner's expense.
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;
(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;
(11) kept free of garbage and refuse.
SEWAGE AND DRAINAGE
2.04 sewage shall be discharged into an approved sewage system
2.05 sewage of any kind shall not be discharged onto the surface of the ground, whether
into a natural or artificial surface drainage system or otherwise.
2.06 Roof drainage shall not be discharged onto sidewalks, stairs or adjacent property.
SURFACE CONDITIONS OF DRIVEWAYS, PARKING AREA AND WALKWAYS
2.07 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.
2.08 Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition and in good repair.
2.09 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
2.10 Every building, dwelling and dwelling unit shall be provided with a sufficient number
of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property between the normal garbage collection days as
established in the Township 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 odor free condition at all times.
2.11 All garbage, refuse, and ashes shall be promptly placed in a suitable container and
made available for removal in accordance with the Township garbage collection
by-law where applicable.
2.12 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.
COMPOSTING
2.13 All properties shall be permitted one compost pile in accordance with the health
regulations, provided that pile has an area not exceeding 2 square meters (21.5
square feet) and a height not exceeding 2 meters (6 foot and 6 inches), 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.
2.14 No animal or human feces shall be deposited into a compost pile.
2.15 No animal-based waste shall be deposited into a compost pile.
PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS FOR THE EXTERIOR ENVELOPE AND THE COMMON
AREAS OF RESIDENTIAL 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 and 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 Township 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, snow to which it may be
exposed.
3.05 Foundation wall 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 floor where 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 building on residential use property shall be kept free
of signs, painted slogans, graffiti and similar defacements that have not be
approved by the Township.
WINDOWS AND DOORS
3.08 Windows, doors, skylights and basement hatchways in the exterior envelopes 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 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.
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 storey in the exterior envelope of a building
on residential use property that have a sill height less than 1,000 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 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 affect the structural integrity of the building as determined by the
Property Standards Officer.
3.16 Wherever eave troughs or roof gutters are provided, they shall be kept in good
repair, free from obstructions and property secured to the building.
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 a 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 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 (3 ft.
11) from the walking surface has a slope or more that 1 in 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 the By-law shall:
a)
not have any component that facilitates climbing 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 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 than 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 hN/m (100 lb/ft), and a
concentrated horizontal load of .5 kN (113 lb) applied to individual elements
whether they be panels or pickets. There 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 meter (59 in) or more in width, shall have handrails
on both sides. Handrails shall be constructed to the standard as described in
Section 3.22 of this by-law.
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 graspable potion that has 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 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 (1-9/16 in) between that 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
a 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
Corporation 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 3.25
at the floor or tread level and at angles and intersections and changes of level
where there are stairs or ramps.
Table 3.25 Lighting for Common Areas
Forming part of Section 3.25
Rooms or spaces
Minimum Illumination,
1x (ft-candle)
Minimum Lighting Power
Density, W/M² (W/ft²) of
floor area (incandescent
lighting)
Storage rooms
50 (4.6)
5 (o.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)
KITCHENS
3.26 Every dwelling shall contain a kitchen area equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by surfaces
impervious to grease and water
(b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in length,
exclusive of the sink and covered with a material that is impervious to moisture and
grease and is easily cleanable;
(d) a space provided for cooking and refrigeration applicants including the suitable
electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.27 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin, and a bathtub or suitable shower unit. Every
washbasin and bathtub or shower shall have an adequate supply of hot and cold running
water. Every water closet shall have a suitable supply of running water.
3.28 Every required bathroom or toilet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door capable of being locked so as
to allow privacy for the persons using said room.
3.29 Where 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 containing the said facilities.
PLUMBING
3.30 Each washbasin, bathtub or shower, and one kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 43 degrees Celsius (110 F).
3.31 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of health.
3.32 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.
3.33 All plumbing fixtures shall be connected to the sewerage system through water seal
traps.
3.34 Every fixture shall be of such materials, construction and design as will ensure that
the exposed surface of all parts is hard, smooth, impervious to hot and cold water, readily
accessible for cleansing and free from blemishes, cracks, stains, or other defects that
may harbour germs or impede thorough cleansing.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.35 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
(64º F.)
3.36 The heating required in Section 3.35 shall be maintained in an operational condition
at all times.
3.37 Notwithstanding Section 3.35, the minimum ambient temperature requirement does
not apply to storage rooms, service rooms or recreation rooms.
ELEVATING DEVICES
3.38 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
3.39 Owners of residential use property or any person or persons acting on behalf of such
owner shall not disconnect or cause to be disconnect 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 utility.
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 13.7 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.
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, accident,
hazard or an unsightly condition. Where conditions are such that a neat and orderly
fashion is achieve, however the sight is still offensive to view from a location not
on property, as determined by the Property Standards Officer, the offensive area
shall be suitably enclosed by a solid wall or painted board or privacy type fence
not less than 1.800 meter (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 parking located within 30 meters
(100 feet) of the residential use property shall have surface covering of asphalt or
similar hard surface, or such 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 effect 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 member or materials that
have been damaged or indicate evidence of deterioration shall be repaired and
replaced.
EXTERIOR WALLS
5.06 Exterior walls and their components on buildings 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 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 60 mm (24 inches) or greater to
the adjacent surface, or where the adjacent surface is within 1.2 m (3 ft 11 in) from
the walking surface and has a slope of more than 1 in 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 on a building of Industrial
Occupancy may be built with openings that will prevent a spherical object having
the diameter of 200 mm (7-7/8 inches) from passing through.
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 stairway 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 meter (60
in) 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.
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 neighboring properties or causes a hazard to pedestrian or
vehicular traffic on public streets, highways, or pedestrian walkways
MUNICIPAL ROADS
5.15 No person shall deposit snow or other debris (leaves, grass cuttings, tree
branches, etc.) on or near any Township road.
5.16 Persons found guilty of this offence will be subject to a fine of no less than $50.00
for the first offence and no more than $150.00 for each subsequent offence.
PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 This By-law shall apply to all property within the limits of the Township of Coleman.
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.
CERTIFICATE OF COMPLIANCE
6.03 Where an officer has inspected a property and is of the opinion that the property
complies with the standards established in the By-law, he/she 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 complies with the standards established in the by-law,
and the owner has paid the fee established 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 Township of Coleman 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, members to the Property Standards Committee
for a term of office concurrent with Council in accordance with the Terms of
Reference laid out in Appendix 5 of this Schedule.
6.08 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).
COMPLIANCE
6.09 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 left in a
leveled and graded condition.
PENALTY
6.10 If an article of this By-law is for any reason held to be invalid remaining articles
shall remain in effect until repealed.
6.11 Where a provision of the 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
6.12 The form for use as an "Informal Notice" shall be on Forms PS-A-01 as laid out in
Appendix "1" to this Schedule.
ORDERS
6.13 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.
6.14 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.
6.15 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.
APPENDIX 1
TO SCHEDULE A OF BY-LAW 23-22
(INFORMAL NOTICE - FORM PS-A-01)
Corporation of the Township of Coleman
937907 Marsh Bay Road, R.R. # 1
Coleman, Ontario. P0J 1C0
THE CORPORATION OF THE TOWNSHIP OF COLEMAN
INFORMAL NOTICE
Date:
________________________
Owner's Name and Address
Dear Sir/Madam
RE:
_______________________________________________
Roll No.:
5401___________________________________________
Be advised that on _________________________ an inspection of your property, as noted
above, revealed certain violations of the Municipality's Property Standards By-law 23-22.
Schedule "A", attached hereto, sets out the work required to remedy such violation and to bring
the property into compliance with the By-Law.
Be advised that By-law 23-22 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
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 ________________________
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 2
TO SCHEDULE A OF BY-LAW 23-22
(ORDER TO REMEDY - FORM PS-A-02)
Corporation of the Township of Coleman
937907 Marsh Bay Road, R.R. # 1
Coleman, Ontario. P0J 1C0
THE CORPORATION OF THE TOWNSHIP OF COLEMAN
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:
_______________________________________________
Roll No.:
5401___________________________________________
WHEREAS on _______________________ 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.
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 23-22 on or before ____________________.
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 main 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
FINAL DATE FOR APPEAL: ___________________________________
________________________________________
Property Standards Officer
APPENDIX 3
TO SCHEDULE A OF BY-LAW 23-22
(ORDER TO REMEDY - FORM PS-A-03)
Corporation of the Township of Coleman
937907 Marsh Bay Road, R.R. # 1
Coleman, Ontario. P0J 1C0
THE CORPORATION OF THE TOWNSHIP OF COLEMAN
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:
_______________________________________________
Roll No.:
5401___________________________________________
Be advised that on _________________________ an inspection of your property, as noted
above, revealed certain violations of the Municipality's Property Standards By-law 23-22.
The violation(s) are set out in Schedule "A" attached hereto and forming part of this ORDER.
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 23-22 on or before ____________________.
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 main 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
FINAL DATE FOR APPEAL: ___________________________________
________________________________________
Property Standards Officer
APPENDIX 4
TO SCHEDULE A OF BY-LAW 23-22
(NOTICE OF APPEAL - FORM PS-A-04)
NOTICE OF APPEAL
TO THE PROPERTY STANDARDS COMMITTEE OF
THE CORPORATION OF THE TOWNSHIP OF COLEMAN
Pursuant to Section 15.3 (1) of the Ontario Building Code Act, S.O. 1992, c.23
Date:
________________________
To:
The Secretary of the Property Standards Committee
Corporation of the Township of Coleman
937907 Marsh Bay Road, R.R. # 1
Coleman, Ontario. P0J 1C0
RE:
ORDER TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND
OCCUPANCY AT _____________________________________
Dear Sir/Madam
TAKE NOTICE of the appeal of the undersigned to the Property Standards Committee because
of dissatisfaction with the above referenced Order to Remedy Violation of Standards of
Maintenance
and
Occupancy
served
upon
the
undersigned
on
___________________________.
Name:
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
An owner or occupant who has been served with an Order made un 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 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.
________________________________________
Owner of Authorized Agent
APPENDIX 5
TO SCHEDULE A OF BY-LAW 23-22
(PROPERTY STANDARDS BY-LAW)
TERMS OF REFERENCE
PROPERTY STANDARDS COMMITTEE
Purpose
The Property Standards Committee is established under the authority of the Building Code Act,
1992 SO. 1992 c. 23 and the Township's Property Standards By-law No. 23-22.
The members of the Property Standards Committee are appointed by the Council of the Township
of Coleman to hear the appeal of any owner or occupant who has been served with an Order
issued under the Property Standards By-law and who is not satisfied with the terms or conditions
of the Order.
Mandate
The Property Standards Committee is a quasi-judicial body that hears appeals by property owners
or their agents who have received an order of the By-law Enforcement and/or Property Standard
Officer from the Township.
The responsibilities of the Committee will be to:
-
Confirm the Property Standards Order; or
-
Modify the Property Standards Order; or
-
Quash the Property Standards Order; or
-
Extend the time for complying with the order provided that, in the opinion of the Committee,
the general intent and purpose of the Property Standards By-law is maintained.
Delegated Authority
The Property Standards Committee shall work within the scope of their responsibilities as set out
in this Terms of Reference, the Township's Property Standards By-law and the Building Code Act.
Committee Composition and Appointment
a) Committee members will be appointed by Township Council.
b) Three (3) members of the public are appointed for a term coinciding with the term of
Council.
c) Applicants for appointment to the Committee must be:
i.
A Canadian Citizen
ii.
18 years of age and over,
iii.
Either the owner or tenant of land, or the spouse of an owner or tenant of land,
within the municipality; and
iv.
Not employees of the municipality
d) Prior experience in the following would be considered an asset:
i.
Persons with legal tribunal governance experience
ii.
Persons with land use experience
iii.
Persons with real estate experience
e) Only members, appointed by Council, may vote on any issue.
f) Other parties, with interest, such as subject matter experts, may be invited to the meetings,
as required, but without voting privileges.
g) Members are eligible for re-appointment at the discretion of Council.
h) When a member resigns from the Committee before the expiration of his/her term, Council
shall appoint another eligible person for the unexpired portion of that term.
i) If a Committee member fails to attend three (3) consecutive meetings of the Committee
without reason, his/her position shall be deemed to be vacant.
j) The Committee shall elect, annually, a Chairperson and such other officers as may be
required from its members. In the Chairperson's absence, the Committee shall appoint
another member as acting chair.
k) At any meeting of the Committee, a quorum shall consist of two (2) members of the
Committee.
Committee Support
The Chief Administrative Officer/Clerk-Treasurer is designated as the staff resource/Secretary of
the Committee.
Responsibilities of Clerk:
a) Agenda preparation and distribution
b) Ensure all public notices, as required under the Act are issued;
c) Completion of Notice of Decision and Notice of No appeal, and distribute accordingly;
d) Record meeting minutes, and distribute minutes to Committee Members;
e) Ensure the Committee Chair has signed the adopted meeting minutes, and filed in the
CAO/Clerk-Treasurer's Office.
f) Assist the Chairperson as required.
Additional staff resources may be utilized as required. Staff resources shall be non-voting.
Code of Conduct & Conflict of Interest
All members will conduct themselves in a professional manner at all times while a member, and
will govern under the Code of Conduct as adopted by Council.
If a member has, at any time, a conflict of interest in relation to a particular issue or interest they
must declare this conflict of interest under the agenda order of business. The conflict of interest
is to be properly documented by the Secretary, and recorded in the minutes.
Records
The Property Standards Committee will provide Council with minutes of meetings and report on
specific matters as necessary. That the records of the Property Standards Committee shall be
retained and preserved in accordance with the provisions of the Township of Coleman's Records
Retention By-law.
Term
The term of the members of the Committee shall be four years coinciding with the term of the
Council that has made the appointment.
Council may, by resolution and when required in order to maintain the requisite number and
composition of members on the Committee, select and appoint new members to the Committee
for the duration of the term.
Council may by resolution, at any time, and from time-to-time at its sole discretion remove any
member, voting or non-voting, from the Committee, as it deems advisable.
Resignations from the Committee must be in writing to the Township Chief Administrative
Officer/Clerk-Treasurer. Appointments will be in accordance with the policies and practices
adopted by Council from time to time.
Roles and Responsibilities
Chairperson: One member will be chosen by majority vote of the Committee at the first meeting
of each New Year to Chair the meetings and oversee the business of the Committee for that year.
Acting-Chair: A Vice-Chair for the same duration will be chosen by majority vote of the Committee,
as needed. The role of Acting-Chair is that of Chair when assuming the role of Chair.
Chairperson
-
Provide leadership to the Committee;
-
Chair Committee meetings in accordance with the Municipality's Procedural By-law;
-
Responsible to ensure decorum and proper procedure occurs during meetings;
-
Inviting specialists or other guests as required;
-
Presiding over meeting and guiding it as per the agenda;
-
Ensuring a decision is reached on all agenda items;
-
Ensuring the Committee carries out its functions and meets its obligations;
-
Ensures that all recommendations of the Committee are brought forward to Township
Council;
-
Ensure that the Municipality's By-laws and Policies are adhered to with respect to all
matters.
All Committee members
-
Attend regular Committee meetings
-
Advise the Chairperson if unable to attend a meeting
-
Review applications sent to them in advance of the meeting
-
Visit the site of each application prior to the meeting
-
Attend the Property Standards hearings, consider the application and make decisions in
public regarding applications
-
Be objective, possess relevant education component or equivalent experience and have
an open mind in order to fully consider the evidence provided.
-
Contribute time, knowledge, skill and expertise to the fulfillment of the Committee's
mandate.
Indemnities to Committee Members and Others
Committee members shall be covered by the municipality's general liability insurance policy as it
relates to Committees of Council activities.
Meetings
Meetings shall be conducted with an agenda that is prepared by Staff and reviewed by the
Committee Chairperson and all meetings shall be open to the public.
Property Standards Committee will be called upon as needed. They do not meet regularly or
routinely.
Marketing and Media
Prior to the release of any publication or Committee initiative, the Township of Coleman's Chief
Administrative Officer/Clerk-Treasurer will be provided with a Draft version for review. Only once
approval has been granted by the Township should the Committee proceed.
All media enquiries shall be referred to the Chief Administrative Officer/Clerk-Treasurer.
Budget and Resources
Committee members receive a remuneration of $100.00 per year, but may receive
reimbursements if prior authorization is received by Council.
The Committee and/or Committee members shall not, while serving in such capacity, incur any
financial expenses not previously passed by a resolution of Council.