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THE CORPORATION OF THE TOWN OF DESERONTO
PROPERTY STANDARDS BY-LAW
10-99
SECTION 1 SHORT TITLE ............................................................................................ 1
SECTION 2 DEFINITIONS ............................................................................................................... 1
SECTION 3 MAINTENANCE OF ACCESSORY AND UNOCCUPIED BUILDINGS AND YARDS.. 5
3.1 ACCESSORY BUILDING .................................................................................................. 5
3.2 UNOCCUPIED BUILDINGS .............................................................................................. 6
3.3 DRAINAGE ....................................................................................................................... 6
3.4 FENCES .......................................................................................................................... 6
3.5 GARBAGE DISPOSAL ..................................................................................................... 6
3.6 NOXIOUS PLANTS .......................................................................................................... 8
3.7 PARKING, WALKWAYS AND SAFE PASSAGE ............................................................. 9
3.8 SEWAGE ........................................................................................................................ 9
3.9 YARDS ............................................................................................................................. 9
3.10 BUFFERING ................................................................................................................... 10
3.11 PEDESTRIAN ACCESS ................................................................................................ 10
3.12 COMPATIBILITY............................................................................................................ 10
3.13 ALTERNATIVES ........................................................................................................... 11
3.14 RETAINING WALLS ..................................................................................................... 11
3.15 GANTRIES AND ANTENNAS ..................................................................................... 11
3.16 SIGNS ........................................................................................................................ 11
SECTION 4 MAINTENANCE OF BUILDINGS AND STRUCTURES ............................................. 12
4.1 STRUCTURAL SOUNDNESS ........................................................................................ 12
4.2 PEST PREVENTION ...................................................................................................... 12
4.3 FOUNDATION ................................................................................................................ 13
4.4 BASEMENT AND CELLAR FLOORS ............................................................................. 14
4.5 DAMPNESS ................................................................................................................... 14
4.6 INSULATION .................................................................................................................... 14
4.7 EXTERIOR WALLS, COLUMNS AND BEAMS .......................................................... 14
4.8 ROOF ............................................................................................................................. 15
4.9 DOORS AND WINDOWS ................................................................................................. 16
4.10 FLOORS, STAIRS, VERANDAS, PORCHES, DECKS, LOADING DOCKS,
BALCONIES, HANDRAILS AND LANDINGS .............................................................. 16
4.11 WALLS AND CEILINGS ............................................................................................... 17
4.12 EGRESS ....................................................................................................................... 17
4.13 AIR CONDITIONERS ..................................................................................................... 18
4.14 ELEVATING DEVICES ................................................................................................... 18
4.15 FIRE AND ACCIDENT PREVENTION .......................................................................... 18
SECTION 5 STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS ................................ 19
5.1 CLEANLINESS ............................................................................................................... 19
5.2 WATER ............................................................................................................................. 19
5.3 PLUMBING ...................................................................................................................... 19
5.4 TOILET AND BATHROOM FACILITIES .......................................................................... 19
5.5 KITCHEN .......................................................................................................................... 20
5.6 GARBAGE, REFUSE STORAGE ROOMS AND CHUTES ........................................ 21
5.7 HEATING, VENTILATING AND MECHANICAL SYSTEMS ............................................. 21
SECTION 6 STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS .............................. 23
6.1 ELECTRICAL SERVICE ................................................................................................. 23
6.2 LIGHT ............................................................................................................................. 23
6.3 VENTILATION ................................................................................................................. 24
SECTION 7 OCCUPANCY STANDARDS FOR DWELLINGS ..................................................... 24
SECTION 8 ADMINISTRATION AND ENFORCEMENT ............................................................... 26
8.1 APPLICATION OF BY-LAW ............................................................................................ 26
8.2 PROPERTY STANDARDS COMMITTEE ...................................................................... 26
8.3 PROPERTY STANDARDS OFFICER .............................................................................. 26
8.4 ORDER TO COMPLY ...................................................................................................... 28
8.5 APPEAL TO PROPERTY STANDARDS COMMITTEE ................................................... 29
8.6 HEARING OF APPEAL ................................................................................................... 29
8.7 APPEAL FROM DECISION OF COMMITTEE ............................................................... 29
8.8 ORDER TO BE FINAL AND BINDING ........................................................................... 29
8.9 SERVICE OF ORDER .................................................................................................... 30
8.10 DATE OF SERVICE ....................................................................................................... 30
8.11 REGISTRATION OF ORDER .......................................................................... 30
8.12 POWER OF THE MUNICIPALITY TO REPAIR OR DEMOLISH ................................... 30
8.13 ISSUANCE OF CERTIFICATE OF COMPLIANCE ........................................................ 30
8.14 PENALTIES .................................................................................................................... 31
SECTION 9 EMERGENCIES ........................................................................................................ 31
9.1 EMERGENCY ORDER .................................................................................................. 31
9.2 EMERGENCY POWERS ............................................................................................. 31
9.3 COMPENSATION ........................................................................................................ 31
9.4 SERVICE OF ORDER AND STATEMENT .................................................................... 32
9.5 APPLICATION .....................:......................................................................................... 32
9.6 RECOVERY OF EXPENSE .......................................................................................... 32
SECTION 10 MUNICIPAL LOANS FOR REPAIR OF CLEARING ................................................ 32
10.1 GRANTS AND LOANS ................................................................................................... 32
10.2 REPAYMENT ............................................................................................................... 32
10.3 REGISTRATION ............................................................................................................ 33
SECTION 11 SCOPE OF BY-LAW ............................................................................................... 33
11.1 GENERAL ...................................................................................................................... 33
11.2 REPEAL......................................................................................................................... 33
11.3 COMING INTO FORCE ................................................................................................ 34
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BY-LAW NO. 10-99
THE CORPORATION OF THE TOWN OF DESERONTO
TO PROVIDE STANDARDS FOR THE MAINTENANCE AND OCCUPANCY OF PROPERTY IN THE
TOWN OF DESERONTO
WHEREAS Section 1 5.1 (3) of the Building Code Act. 1992. S.0. 1 992, Chapter 23, as amended
provides that a Council may pass by-laws to:
1.
Prescribe standards for the maintenance and occupancy of property.
2.
Require property to be repaired and maintained in conformity with the prescribed
standards.
3.
Prohibit the occupancy or use of property that does not conform to the prescribed
standards.
4.
Require that property be cleared of all buildings or structures that do not conform to the
prescribed standards and left in a graded or level condition.
AND WHEREAS there is in effect in the Corporation of the Town of Deseronto Official Plans which
includes provisions relating to property conditions; and
AND WHEREAS the Council of the Corporation of the Town of Deseronto wishes to repeal all
previous Property Standards By-laws enacted under section 15.1 of the Building Code Act, 1992, or
section 31 of the Planning Act, R.S.O. 1 990, Chapter P.I 3, by the Councils of The Corporation of the
Town of Deseronto.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF
DESERONTO HEREBY ENACTS AS FOLLOWS:
SECTION 1 SHORT TITLE
1.1 This by-law may be cited as the "Property Standards By-law".
SECTION 2 DEFINITIONS
In this By-law, unless the context requires otherwise:
2.1 "ACCEPTABLE" shall mean:
2.1.1 accepted by the Chief Building Official of the municipality with respect to
matters under The Building Code Act ,1992 and Regulations there under;
2.1 .2 accepted by the Chief Fire Official of the municipality with respect to matters
under The Fire Protection and Prevention Act, 1997, S.O. 1997, chapter 4 and
Regulations there under; and
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2.1.3 accepted by the Property Standards Officer with respect to all other matters
regulated by this By-law.
2.2
"ACCESSORY BUILDING" shall mean a building not used for human habitation
customarily incidental and subordinate to the use or building and located on the same
lot with such principal use or building and shall include boat houses.
2.3 "BALUSTRADE" shall mean a protective barrier that acts as a guard around openings
in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways, or other locations to prevent accidental falls from one level to another; such
barrier may or may not have openings through it.
2.4 "BASEMENT" shall mean that portion of a building between two floor levels which is
partly underground but which has at least one-half of its height from finished floor to
finished ceiling above the average level or ground adjacent to the exterior walls of the
building.
2.5 "BATHROOM" shall mean a room containing at least a wash basin and toilet and
bathtub or shower, or two rooms which contain in total at least one wash basin and one
toilet and one bathtub or shower.
2.6 "BOARDING HOUSE" shall mean a dwelling house, containing not more than four
guest rooms used or maintained for the accommodation of the public, in which the
owner or head lessee supplies, for hire or gain, lodgings with or without meals for three
or more persons.
2.7 "BUILDING" shall mean a structure having a roof supported by columns or walls or
directly on the foundation and used for the shelter and accommodation of persons,
animals or goods.
2.8 "BULK CONTAINER" shall mean a refuse container emptied by mechanical means
without removal from the property.
2.9 "CELLAR" shall mean that portion of a building between two floor levels which is partly
or wholly underground but which has more than one-half of its height from finished floor
to finished ceiling below the average level of ground adjacent to the exterior walls of the
building.
2.10 "COMMERCIAL PROPERTY' shall mean a property used for the sale of goods and/or
services and for the purpose of this by-law shall include office buildings, public halls,
licensed premises and private clubs, and any building that is used in conjunction with
these.
2.11 "COMMITTEE" shall mean the Property Standards Committee as established under
this by-law.
2.12 "DWELLINGS" shall mean a building or structure or part of a building or structure
occupied or capable of being occupied in whole or in part for the purposes of human
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habitation and includes the land and premises appurtenant thereto and all outbuildings,
fences or erections thereon or therein.
2.13 "DWELLING UNIT" shall mean one or more habitable rooms designed or intended for
use as a single housekeeping unit only, in which sanitary conveniences are provided, in
which only one kitchen facility is provided for cooking, and in which a heating system is
provided, and which has a private entrance from outside the building or from a common
hallway or stairway inside.
2.14 "EXTERIOR PROPERTY AREAS" shall mean the property excluding buildings.
2.15 "FENCE" shall mean an artificial structure made of any combination of materials and
designed to enclose, screen or define the boundary of an area of land.
2.16 "FIRE RESISTANCE RATING" shall mean the time in hours that a material construction
or assembly will withstand the passage of flame and transmission of heat when
exposed to fire under specified conditions of test and performance criteria as stated in
the Ontario Building Code.
2.17 "GROUND COVER" shall mean organic or non-organic material applied to prevent
erosion of the exterior property area such as concrete, flagstone, gravel, asphalt or
grass.
2.18 "HABITABLE ROOM" shall mean a room commonly used for living purposes, including
a bedroom and a kitchen but not including any space in a dwelling used as a lobby,
hallway, closet, or bathroom or any room having floor space of less than 4.65 square
metres (50 sq.ft.)
2.19 "HOUSEKEEPING UNIT, SINGLE" shall mean a single dwelling unit used by not more
than four individuals who reside therein or more than four individuals who reside there
as a family provided there is no program, person or agency required in the supervision
of such individuals.
2.20 "INDUSTRIAL PROPERTY' shall mean a property used for the manufacturing and/or
processing of goods or used for the storage of goods or raw materials and any property
that is used in conjunction with these uses.
2.21 "MAINTENANCE" shall mean the preservation and keeping in repair of a property.
2.22 "MEANS OF EGRESS" shall mean a continuous path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, window 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 approved open space and
includes exits or access to exits.
2.23 "MULTIPLEDWELLING" shall mean a building containing three or more dwelling units
other than a semi-detached dwelling.
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2.24 "MULTIPLE USE BUILDING" shall mean a building containing both a dwelling unit and
a non-residential property.
2.25 "MUNICIPALITY" shall mean the Corporation of the Town of Greater Napanee.
2.26 "NON-HABITABLE SPACE" shall mean any space in a dwelling or dwelling unit other
than a habitable room, and includes any bathroom, toilet room, laundry, pantry, lobby,
communicating corridor, stairway, closet, boiler room or other space for service and
maintenance or common use, and for access to and vertical travel between storey's;
and any unfinished basement.
2.27 "OCCUPANT" shall mean any person or persons over the age of eighteen years in
possession of the property.
2.28 "PROPERTY STANDARDS OFFICER" shall mean a property standards officer as may
from time to time by Council be assigned the responsibility of administering and
enforcing this by-law.
2.29 "OWNER" shall mean the person for the time being paying the municipal taxes or
managing or receiving the rent of the land or premises in connection with which the
word is used whether on his own account or as agent or trustee of any other person or
who would so receive the rent if such land and premises were let, and shall also include
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 the property.
2.30 "PROPERTY' shall mean a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structure, outbuildings, fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
2.31 "PUBLIC BUILDING" shall mean a building which is staffed by government personnel
for the purpose of servicing the public.
2.32 "REPAIR" shall mean the provision of such facilities and the making of additions or
alterations or the taking of such actions as may be required so that the property shall
conform to the standards established in this by-law. All repairs shall be made in
conformity to the Ontario Building Code, the Ontario Water Resources Act, Plumbing
Regulations, the Regulations of Hydro Electric Power Commission of Ontario and
Regulations made under the Public Health Act of Ontario or any other applicable
regulations.
2.33 "RESIDENTIAL PROPERTY1 shall mean any property that is used or designed for use
as a domestic establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any land or buildings that are appurtenant to such an
establishment.
2.34 "ROOMER OR LODGER" shall mean person harboured, received or lodged, in the
lodging house or boarding home in return for compensation.
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2.35 "SEWAGE" shall mean any liquid waste containing animal, vegetable or mineral matter
in suspension or solution, but does not include roof water or other storm runoff.
2.36 "SEWERAGE SYSTEM" shall mean the Municipality's sanitary sewerage disposal
system approved by the Medical Officer of Health and/or the Ministry of the
Environment.
2.37 "STANDARDS" shall mean the standards of physical conditions and occupancy set out
in this by-law.
2.38 "TOILET ROOM" shall mean a room containing a water closet and wash basin.
2.39 "WALL" shall mean the solid vertical structure forming any one of the sides of a building
and/or a partition forming the side of a room.
2.40 "YARD" means the land other than publicly owned land, around and appurtenant to any
property or any part of a building or structure and used or intended to be used or
capable of being used in connection with said property.
2.41 "ROLL-OFF CONTAINER" means a refuse container which is required to be
transported from the property for the purpose of emptying.
2.42 "SIGN" includes an advertising device or notice and means any medium, including its
structure and other component parts, which is used or capable of being used to attract
attention to a specific subject matter other than itself, for identification, information or
advertising purposes.
2.43 "UNSAFE CONDITION" means:
2.43.1 structurally inadequate or faulty for the purposes for which it is used or intended
to be used; or
2.43.2 in a condition that could pose a serious hazard to:
a)
persons in the normal use of a building;
b)
persons authorized or expected to be on or about the property, or
c)
persons or property in the immediate vicinity of the subject condition.
SECTION 3 MAINTENANCE OF ACCESSORY AND UNOCCUPIED BUILDINGS AND YARDS
3.1 ACCESSORY BUILDING
3.1.1 Accessory buildings shall be kept in good repair and free from health, fire and
accident hazards.
3.1.2 The exterior of any accessory building shall be weather-resistant through the use
of proper weather-resistant material.
3.2 UNOCCUPIED BUILDINGS
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3.2.1 Where any property is unoccupied the owner or his agent shall protect every
such property against the risk of fire, accident or other danger and shall effectively
prevent the entrance thereto of all unauthorized persons.
3.2.2 All materials used for boarding up unoccupied buildings shall be covered and
maintained with a preservative which is colour coordinated to the exterior finish of the
building.
3.2.3 Where a building remains vacant and unattended for a period of more than
ninety (90) days, the owner or his agent shall ensure that all utilities serving the property
are properly disconnected or otherwise secured to prevent accidental or malicious
damage to the building or adjacent property.
3.2.4 Section 3.2.3 does not apply where such utilities are necessary for the safety or
security of the building.
3.3 DRAINAGE
3.3.1 Storm water shall be drained from the yard so as to prevent recurrent ponding or
the entrance of water into a basement or cellar.
3.3.2 All reasonable means shall be employed to prevent the erosion of the soil in the
yard.
3.3.3 No roof drainage shall be discharged on sidewalks, stairs or neighbouring
property.
3.4 FENCES
3.4.1 Every fence shall be kept:
a)
protected by paint, preservative or other weather resistant material unless
the aesthetic characteristics of the fence, screen or enclosure are
enhanced by the lack of such material;
b)
in a structurally sound condition;
c)
free from objectionable markings, painted slogan, stains or other
defacement;
d)
in good repair and free of accident hazards; and
e)
fences in a residential zone shall not be higher than 1.83 metres (6 Feet)
and not higher than 3.05 metres (10 feet) in an industrial or commercial
zone, but no fence located in the front yard of a residential zone shall be
higher than 0.91 metres (3 feet).
3.5 GARBAGE DISPOSAL
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3.5.1 All garbage, rubbish and other debris from a property shall be promptly stored
in receptacles and made available for removal or removed in accordance with the
Town of Deseronto regulations. Where private containerized garbage pickup is
provided, such containers shall be placed behind the building line and kept in a
neat and tidy condition.
3.5.2 Without limiting and in addition to the generality of subsection 3.5.1, the
collection, handling, storage and disposal of refuse shall comply with the
following:
a)
it shall facilitate collection and disposal as required by the municipality or
private collecting agency, as applicable;
b)
refuse storage facilities shall be readily accessible to all occupants for
whom the storage facility is required to be provided, or in the alternative
be readily accessible by an operable refuse chute provided for this
purpose incompliance with all regulations applicable thereto;
c)
refuse storage facilities shall be maintained in a clean, sanitary and odour
controlled condition;
d)
it shall not obstruct an emergency route, recreation facility, parking area,
driveway or walkway; and
e)
it shall not be stored adjacent to any building so as to create a fire hazard
to the building or its occupant.
3.5.3 Where refuse is to be stored or placed for disposal outside the enclosing walls
of a building, the storage and place for disposal shall:
a)
be maintained at all times in a litter free condition and in a manner that will
not attract pests or create a health or safety hazard due to the nature of
the storage or through deterioration, wind or misuse of the storage facility;
b) be screened from a public highway, street, walkway, park or residential or
non-residential property so as not to be visible from such locations.
3.5.4 Nothing in this section shall require screening:
a)
whose only purpose is to screen a refuse collection area from another
refuse collection area on the same or abutting properties, or;
b)
between each occupancy in a multiple occupancy building, or;
c)
that reduces the width of an access route to less than 10 metres (32.8
feet);
d)
in regard to the placement of refuse for imminent pickup and disposal in
compliance with the refuse collection by-law of the municipality;
e)
in relation to a residence building containing less than three dwelling units.
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3.5.5 Where an exterior bulk or roll-off container refuse disposal system is used it
shall:
a)
be equipped with covers or similar devices which shall be readily openable
but not left open except when actively being loaded; and,
b)
be large enough to contain all refuse generated between collections by the
occupants served; and,
c)
not be loaded beyond the top of the container.
3.5.6 Subsection 3.5.5 (a) shall not apply to the storage of industrial or other
reclaimable refuse that will not materially deteriorate by weathering or pests.
3.5.7 Where refuse is stored or placed for disposal inside the enclosing walls of a
building, the storage and placement for disposal shall:
a)
comply with the Building Code Act, 1992,, and Regulations made there
under, the Fire Protection and Prevention Act, 1997, and the Fire Code
there under; and
b)
be large enough to contain all refuse generated between collections by the
occupants served.
3.5.8 Where a refuse chute system was originally provided in a multiple floor building,
the system shall be maintained operative, except that acceptable alternatives
may be provided if readily accessible to all occupants.
3.5.9 Refuse shall be deemed to be stored inside a building when:
a)
a bulk or roll-off container is used, and;
b)
connected to the building by a system of enclosed chutes such that the
loading of refuse thereto is directly from within the building utilizing
manual, compaction or other methods of handling; and,
c)
the components outside the building are screened from view and
maintained as prescribed in subsection 3.5.3.
3.5.10 Notwithstanding the requirements of this section, temporary storage resulting
solely from the construction, demolition or alteration of a building or part thereof
may be placed on the property provided:
a)
it is removed frequently and in its entirety from the property;
b)
it will not cause risk to the health or safety of any persons; and,
c)
it is not stored in such a manner as to be deleterious to the neighbouring
environment.
3.6 NOXIOUS PLANTS
3.6.1 All properties shall be kept free from noxious plants, including ragweed, poison
ivy, poison oak and poison sumach and comply with the specifications of the
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Weed Control Act, R.S.O. I990 and regulations and by-laws established there
under.
3.7 PARKING, WALKWAYS AND SAFE PASSAGE
3.7.1 Areas used for vehicle traffic and parking shall be paved with bituminous,
concrete or equivalent surfacing or shall be surfaced with crushed stone or other
suitable and reasonable dust free substance, and shall be free from ponding and
puddles and otherwise in good repair.
3.7.2 In yards of multiple dwellings and non-residential properties sufficient lighting of
exterior properly areas shall be provided to minimize any danger to persons
using walkways.
3.7.3 Artificial lighting standards and fixtures shall be kept in safe condition, in working
order and in good visual condition.
3.7.4 Communal walkways, driveways, ramps, parking areas and outside stairs and
landings shall be promptly cleared of snow and appropriate measures shall be
taken to minimize the risk of persons slipping or vehicles skidding on icy
surfaces.
3.7.5 Walkways shall be repaved, resurfaced or regraded as often as necessary to
maintain a reasonably smooth, slip-free and safe surface for pedestrian traffic.
3.8 SEWAGE
3.8.1 Sewage or organic waste shall be discharged into the sewage system or a
septic tank system acceptable to the Medical Officer of Health/Ministry of the
Environment.
3.8.2 Sewage of any kind shall not be discharged onto the surface of the ground,
whether into a natural or artificial surface drainage system or otherwise.
3.9 YARDS
3.9.1 All yards shall be kept clean and free from rubbish, garbage, brush, or other
debris and from objects or conditions that might create a health, fire or accident
hazard.
3.9.2 Any vehicle, including a trailer, which is in a wrecked, discarded, dismantled, ,)
inoperative or abandoned condition and is without a license plate bearing a
current validation certificate shall not be parked, stored or left in said yard but this
shall not prevent the occupant of any premises from repairing a vehicle for his
own use but not for commercial purposes, while such repair is completed within
one month.
3.9.3 All yards shall be kept reasonably free of weeds. Noxious weeds and heavy
undergrowth shall be eliminated.
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3.9.4 Lawns, hedges and bushes shall be kept trimmed to a suitable height and shall
not be overgrown or unsightly.
3.9.5 All yards and vacant lots shall be kept clean and free from termites, rodents,
vermin and other pests and any conditions which might result in the harbouring of
such pests.
3.9.6 All yards and vacant lots shall be free of dilapidated or collapsed structures or
erections or accumulation of materials, inoperative machinery, or any parts
thereof or any other unsafe condition or unsightly condition out of character with
the surrounding environment.
3.9.7 All yards and vacant lots shall be free of holes or excavations or any
unprotected wells that might create an accident or health hazard.
3.9.8 All yards shall be protected by suitable ground cover which prevents erosion of
the soil.
3.10 BUFFERING
3.10.1 Premises which, because of their use of occupancy, or for other reason, /create
a nuisance to adjacent premises or to the neighbourhood or to the users of
streets or parks shall be buffered from such premises or public areas so as to
minimize the effect of the nuisance.
3.10.2 Without limiting the generality of the foregoing, such buffering shall include:
a)
the provision and maintenance of an effective barrier to prevent wind-
blown waste, wrappings, debris and the like from encroaching on the
adjacent premises;
b)
the provision and maintenance of a visual screen to minimize the visual
impact of nuisances to persons at grade adjacent to the property;
c)
to prevent lighting and vehicle headlights in parking areas from shining
directly into dwelling unit windows;
d)
to screen transformers and other like appendages; and,
e)
to provide a safe route for persons and vehicles.
3.11 PEDESTRIAN ACCESS
3.11.1 A safe pedestrian access shall be provided to the principle entrance of every
residential building.
3.12 COMPATIBILITY
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3.12.1 Property that is deleterious to the environs by reason of its appearance,
utilization or unsafe condition shall be repaired or other remedial measures taken
so as to be compatible.
3.13 ALTERNATIVES
3.13.1 All conditions of development and redevelopment including, but not limited to,
ground cover, hedges, trees, landscaping and recreation equipment shall be
maintained in living condition or in good state of repair. The Property Standards
Officer may accept alternatives provided the intent of the original approval is
maintained.
3.14 RETAINING WALLS
3.14.1 Retaining walls shall be maintained in a structurally sound condition, good
repair and free from accident hazards.
3.14.2 Without restricting the generality of subsection 3.14.1, the maintenance
includes:
a)
redesigning and rebuilding to the requirements of The Ontario Building
Code, the Building Code Act, 1992, and the Regulations made there
under, or replacing of all deteriorated, damaged, misaligned or missing
portions of the wall or railings and guards appurtenant thereto;
b)
installing subsoil drains where required to maintain the stability of the wall;
c)
grouting masonry cracks; and,
d)
applying a coating of paint or equivalent preservative to prevent
deterioration or an unsightly appearance deleterious to the neighbouring
environment.
3.15 GANTRIES AND ANTENNAS
3.15.1 Gantries, antennas and like structures shall be maintained:
a)
plumb, unless specifically designed to be other than vertical;
b)
in good repair and free of fire and accident hazards;
c)
in a relatively rust free condition; and,
d)
so as not to present an unsightly appearance deleterious to the
neighbouring environment.
3.16 SIGNS
3.16.1 Signs shall be repaired and maintained:
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a)
so as not to cause any unsafe condition;
b)
in a vertical plane unless otherwise erected and approved, in which case
the sign shall be maintained as erected and approved;
c)
without any visible deterioration of the sign and its structure when viewed
from any property other than the property on which the sign is situated;
and,
d) in conformance with the requirements of the sign by-law of the
municipality.
3.16.2 Signs and sign structures that are unused, not cared for or discarded shall be
removed from the property or shall be stored within a building.
3.16.3 When the sign face or other parts of a sign have been removed, the remaining
portion of the sign including the sign structure shall be maintained in a safe
condition and so as not to create an unsightly appearance deleterious to the
neighbouring environment, or be removed.
SECTION 4 MAINTENANCE OF BUILDINGS AND STRUCTURES
4.1 STRUCTURAL SOUNDNESS
4.1.1 Every part of a property shall be maintained in a structurally sound condition so
as to be capable of sustaining safely its own weight and any load to which it may
be subject
4.1.2 Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
4.1.3 The factors of safety specified in the Building Code Act, 1992, and Regulations
there under are the minimum standards.
4.1.4 Where an owner disputes the need for repairs under this section, he may
submit a written report signed and sealed by a professional engineer licensed to
practice in the relevant discipline in The Province of Ontario on the matters
thereto.
4.1.5 The Property Standards Officer may accept the findings in the report
pursuant to subsection 4.1.4 as the requirements for compliance with the
required repairs provided he is satisfied all deficiencies have been
identified and appropriately dealt with by the report.
4.1.6 The Property Standards Officer may require an engineer's report of a
building if in his opinion the building is not structurally sound, such
engineer's report to be at the expense of the owner(s).
4.2. PEST PREVENTION
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4.2.1 All property shall be kept free of rodents, vermin and insects at all times and
methods used for exterminating rodents, vermin, or insects shall be in
accordance with the provisions of the Pesticides Act, R.S.O. I990, as amended
from time to time and all regulations passed pursuant thereto.
4.2.2 Basement and cellar windows or ventilators used or required for ventilation, and
any other openings in a basement or cellar including a floor drain that might
permit the entry of rodents, shall be screened with wire mesh, metal grill or other
durable material which will effectively exclude rodents.
4.3 FOUNDATION
4.3.1 Foundations shall be of masonry, concrete or other acceptable materials and
designed to adequately support the loads imposed and provide a dry basement
or crawl space. They shall be free of leaks and defective mortar joints or
masonry. Foundation walls shall be waterproof and damp proof to prevent the
entry of moisture or water into the basement cellar or crawl space.
4.3.2 Foundations shall be maintained in good repair. The maintenance and repair
includes:
a)
extension of the wall foundations below grade or regrading to provide
adequate frost cover;
b)
installing subsoil drains where such would be beneficial;
c)
repairing or replacing decayed, damaged or weakened sills, piers, posts or
other supports;
d)
grouting, waterproofing, cladding or replacing as necessary so as to be
weather tight;
e)
where insects and rodents are detected, the treatment by acceptable
methods to deter their entrance;
f)
the replacement, cladding or treatment with other methods to restore the
wall to its original or acceptable equivalent appearance;
g)
the applying of acceptable materials to preserve all wood, metal work or
other materials not inherently resistant to weathering or wear;
h)
the restoring, or replacing of:
i) the foundations, walls, columns, beams, floor and floor slabs; and
ii) components, claddings, finishes, and trims forming a part thereof.
i)
the carrying out of such other work as may be required to overcome any
existing settlement detrimental to the appearance of the building;
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j)
removing or replacing loose or unsecured objects and materials.
4.4 BASEMENT AND CELLAR FLOORS
4.4.1 Every basement and cellar shall have a floor of concrete, masonry or other
impervious material and where a floor drain is necessary it shall be located at the
lowest part of the said floor and connected to the storm sewer system if possible,
or a sump pump properly installed at the lowest point.
4.4.2 Basements, cellars or crawl spaces which are not served by a stairway leading
from the building or from outside the building may have an earth floor provided it
is covered with a moisture proof covering and have the required ventilation of
one percent of the floor area.
4.4.3 Basement or cellar windows used or required for ventilation and any other
opening in a basement or cellar including a floor drain, shall be screened with
wire mesh, metal grill or other durable material which will effectively exclude
rodents.
4.4.4 Where equipment requiring service such as plumbing, clean outs, traps and
burners is located in crawl spaces, an access way with a minimum height and
width and/or length of 0.61 metres x 0.91 metres (2 feet x 3 feet) shall be
provided.
4.5 DAMPNESS
4.5.1 The interior floors, ceilings and walls of a building shall be kept free from
dampness arising from the entrance of moisture through an exterior wall or a
roof, or through a cellar basement or crawl space floor.
4.6 INSULATION
4.6.1 The insulation requirements of the Ontario Building Code as amended from
time to time, shall be complied with where necessary and practical.
4.6.2 Every dwelling shall be provided with sufficient thermal insulation and vapour
barrier to prevent moisture condensing on the interior surfaces of walls, ceilings
and floors during the winter and to ensure comfortable conditions for the
occupants.
4.7 EXTERIOR WALLS, COLUMNS AND BEAMS
4.7.1 The exterior walls and other parts of the building shall be free from loose, rotted,
warped and broken materials and objects. Such materials and objects shall be
removed, repaired or replaced.
4.7.2 All exterior surfaces shall be of materials which provide adequate protection
from the weather and insects.
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4.7.3 The exterior walls and their components shall be adequate to support the loads
upon them and shall have an acceptable cladding or covering, free of holes,
cracks or excessively worn surfaces, to prevent the entry of moisture into the
structure and provide reasonable durability and shall be so maintained by the
painting, restoring or repairing of the walls, coping or flashing and by the
waterproofing of joints and of the walls themselves and by the installing or
repairing of termite shields or other suitable methods.
4.7.4 Appropriate measures shall be taken to remove any objectionable markings,
stains or other defacement occurring on the exposed finished exterior surfaces
and where necessary, to restore the surface and adjacent areas to as near as
possible, their appearance before the marking, staining or defacement occurred.
4.7.5 Exterior surfaces of a building shall be kept clean.
4.7.6 Exterior surfaces of materials used for the temporary barricading of openings to
the interior of a building shall be surfaced with a finish compatible with the
surrounding finishes.
4.7.7 Exterior columns and beams shall be maintained in a good state of repair and
any decorative trim shall be maintained in a safe condition. Where necessary,
such columns, beams and trim shall be restored, repaired or replaced and
suitably protected against weathering, so as to prevent or remedy deterioration
detrimental to the appearance of the building.
4.8 ROOF
4.8.1 All roof construction components shall provide adequate support for all probable
loads and form a suitable base for the roof covering. The roof including the fascia
board, soffit, cornice and flashing shall be maintained in a watertight condition so
as to prevent leakage of water into the building and where necessary shall be
maintained by the repair of the roof and flashing, or by applying waterproof
coatings or coverings.
4.8.2 Every roof including related roof structures, eaves troughs, roof gutters, down
pipes, and ice guards shall be maintained, repaired or replaced so as to properly
perform the intended function and be of acceptable appearance.
4.8.3 Without restricting the generality of subsections 4.8.1 and 4.8.2. the
maintenance and repair includes:
a)
removal of obstructions or loose, unsecured objects and materials;
b)
removal of dangerous accumulations of snow and ice;
c)
removal of other accident and fire hazards;
d)
the overhaul or provision of flashings.
4.8.4 Chimneys, smoke or vent stacks and other roof structures shall be maintained
in good repair so as to be free from:
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a)
loose bricks, mortar, and loose or broken capping;
b)
loose or rusted stanchions, guy wires, braces and attachments;
c)
any fire or accident hazard; and,
d)
unsightly objects and conditions detrimental to the appearance of the
building.
4.9 DOORS AND WINDOWS
4.9.1 All exterior openings shall be fitted with doors or windows.
4.9.2 Windows, exterior doors and basement or cellar hatchways shall be maintained
in good repair so as to prevent the entrance of wind or rain into the dwelling.
4.9.3 Rotted or damaged doors, door frames, window frames, sashes and casings,
weatherstripping, broken glass and missing or defective door and window
hardware shall be repaired or replaced.
4.9.4 Without restricting the generality of subsection 4.9.3, the maintenance and
repair includes:
a)
the refitting, replacing or renewing of damaged, decaying or defective
doors, windows, frames, sashes, casings, shutters, hatchways or screens;
b)
reglazing cracked, broken or missing glass;
c)
replacing or providing defective or missing hardware;
d)
rescreening or weatherstripping where such is defective or missing;
e)
painting or the applying of a similarly effective preservative.
4.9.5 When an opening is used or required for ventilation or illumination and is not
required to be protected by a door, window or similar closure, it shall be
protected with a:
a)
wire mesh screen, metal grille or other equivalent durable material; or,
b)
other protection so as to effectively prevent the entry of rodents or vermin.
4.9.6 All doors and opening windows in a dwelling unit shall be provided with the
means of being latched or secured from within.
4.10 FLOORS, STAIRS, VERANDAS, PORCHES, DECKS, LOADING DOCKS,
BALCONIES, HANDRAILS AND LANDINGS
4.10.1 Every floor, stair, verandah, porch, deck, balcony and every appurtenance and
surface finishing attached or laid thereto shall be maintained, reconstructed,
repaired, cleaned or replaced so as to properly perform the intended function and
be of acceptable appearance.
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4.10.2 Without restricting the generality of subsection 4.10.1, the maintenance,
reconstructing or repair includes:
a)
repairing or replacing floors, treads and risers, including finishes such as
linoleum and carpet that contain depressions, protrusions, deterioration, or
are broken, torn, warped, loose or otherwise defective.
b)
renewing or strengthening structural members that are rolled, deteriorated
or loose.
c)
providing or renewing balustrades, guardrails and railings;
d)
restricting openings in and climbability of guards to which small children
have access to the requirements of The Building Code Act, 1992, and
Regulations there under; and,
e)
painting or the applying of other equivalent preservative.
4.11 WALLS AND CEILINGS
4.11.1 Wall and ceiling finish shall be maintained so as to be free of holes, cracks,
loose coverings or other defects which would permit flame or excessive heat to
enter the concealed space or the collapse of which might cause injury.
4.11.2 Where dwelling units are separated vertically, the divided walls from the top of
the footings to the underside of the roof deck, and any space between the top of
the wall and the roof deck shall be tightly sealed by caulking, mineral wool or
similar non-combustible material, and such walls shall conform to the fire
resistance ratings contained in the Ontario Building Code.
4.12 EGRESS
4.12.1 Every required exit from a residential building shall open directly to a street or
outer court.
4.12.2 Every dwelling which contains dwelling units located other than on the ground
floor ' shall be provided with a second means of egress.
4.12.3 In the case of a multiple dwelling, wherever there are not two means of egress
from each apartment, suitably remote from each other, there shall be ready
access to at least two means of egress leading to separate and independent
exits or safe place of rescue.
4.12.4 A required exit shall not pass through an attached garage, or built-in garage or
an enclosed part of another dwelling unit.
4.12.5 All commercial, institutional and industrial buildings shall be provided with exits
of size and number so as to be in compliance with the requirements of The
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Ontario Building Code, as amended from time to time for the appropriate group
and division.
4.12.6 All commercial, institutional and industrial buildings shall be provided with
lighting facilities capable of supplying no less than eleven (11) lux (1 foot candle)
of light intensity of the floor surfaces continuously. {1 lux = 1 lumen/sq metre} {1
foot candle = 1 lumen/sq. foot}
4.12.7 All commercial, institutional and industrial buildings shall be provided with clean,
clear, unobstructed and readily visible exit signs where such exit signs would be
required to locate means of egress.
4.13 AIR CONDITIONERS
4.13.1 All air conditioners (including heat pumps) shall be maintained in a safe
mechanical and electrical condition and shall not adversely affect areas beyond
the limits of the property by reason of noise or condensation drainage.
4.14 ELEVATING DEVICES
4.14.1 Elevating devices shall be maintained:
a)
in accordance with the requirements of The Elevating Devices Act, The Building
Code Act, 1992, and all Regulations made there under;
b)
with all parts and appendages including lighting fixtures, lamps, elevator buttons,
floor indicators and ventilation fans in good repair and operational.
4.15 FIRE AND ACCIDENT PREVENTION
4.15.1 When, because of the existence of a building or accessory structure, or the
contents thereof, an unsafe condition exists to persons on or about the exterior
property areas of a premises, the building code shall apply to the extent
necessary to abate the unsafe condition.
4.15.2 In the event that strict application of the regulations in the building code is not
practical, the Property Standards Officer may accept alternative measures
provided the standard of safety that results is generally equivalent to the
standard provided by the detailed building code regulations.
4.15.3 In the event of fire or other disaster, measures shall be taken as soon as
possible to make the damaged building or accessory structure compatible with its
environment. Without restricting the generality of the foregoing, such measures
include making the building or accessory structure safe; repairing damaged
surfaces exposed to view; and refinishing so as to be in harmony with adjoining
undamaged surfaces and the general environment.
4.15.4 In the event the building or accessory structure is beyond repair, the land shall
be cleared of all remains and left in a graded, level and tidy condition.
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4.15.5 Materials of a flammable nature shall be safely stored or removed at once from
the property.
SECTION 5 STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
5.1 CLEANLINESS
5.1.1 Every floor, wall, ceiling and fixture in any building shall be maintained in a clean
and sanitary condition and the building shall be kept free from rubbish, debris or
conditions which constitute a fire, accident or health hazard.
5.2 WATER
5.2.1 Every dwelling, dwelling unit, commercial, institutional or industrial building shall
be provided with an adequate supply of potable running water from a municipal
water system or other source approved by the Ministry of the Environment and/or
Medical Officer of Health.
5.2.2 Every sink, wash basin, bathtub, or shower required by this by-law shall have
an adequate supply of hot and cold running water.
5.2.3 Adequate running water shall be supplied to every water closet.
5.3 PLUMBING
5.3.1 Sewage shall be discharged into the sewerage system or a system approved by
the Medical Officer of Health.
5.3.2 All plumbing, drain pipes, water pipes and plumbing fixtures in every building
and every connecting line to the sewerage system shall be maintained in good
working order and be protected from freezing.
5.3.3 The plumbing system shall provide an adequate and potable hot and cold water
supply, drainage, venting and operation of fixtures.
5.3.4 Every water heater shall have sufficient capacity to provide an adequate supply
of hot water at a temperature of not less than 43°C (109.4°F) at all times in all
parts of every building, dwelling unit, or shared facility.
5.3.5 All plumbing fixtures and piping shall conform to all Federal and Provincial
legislation and regulations and to municipal by-laws.
5.3.6 Where washing machines and plumbing fixtures are provided, they shall be
maintained in good working order and in accordance with the manufacturer's
recommendations or be removed.
5.4 TOILET AND BATHROOM FACILITIES
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5.4.1 Every dwelling unit except as provided in subsection 5.4.2 hereof, shall contain
plumbing fixtures consisting of at least:
a)
water closet
b)
a kitchen sink
.
c)
a wash basin
.
d)
a bathtub or shower
5.4.2 In a boarding or lodging house there shall be a water closet, wash basin and
bathtub or shower for not more than eight persons and these facilities shall be
located on the same storey as, or on the next storey up or down from the storey
on which the room or dwelling unit is located.
5.4.3 Every commercial, institutional and industrial building shall contain plumbing
fixtures in accordance with the appropriate provincial legislation.
5.4.4 All bathrooms and toilet rooms shall be located within and be accessible from
within the building which it serves.
5.4.5 All bathrooms and toilet rooms shall be fully enclosed and have a door capable
of being locked so as to provide privacy for the occupant.
5.4.6 Where practical a wash basin shall be located in the same room as the water
closet, or shall be conveniently adjacent to the room containing the water closet.
5.4.7 No facilities for the preparation, cooking, storage or consumption of food or for
sleeping shall be within a room that contains a toilet.
5.4.8 In a building containing dwelling units, the sanitary conveniences and toilet
facilities used in connection with the residential portion of the building shall be
separated from any facilities and conveniences used in connection with any non-
residential portion unless the occupants of the residential portion are also the
occupants of the non-residential portion.
5.4.9 Rooms containing sanitary conveniences and toilet facilities shall:
a)
be regularly cleaned so as to be maintained in a clean and sanitary
condition;
b)
have smooth surfaces reasonably impervious to water.
5.5 KITCHEN
5.5.1 Every kitchen area shall be equipped with a sink served with hot and cold
running water, storage facilities and counter top work area having minimum
dimensions of 1,200 mm (48 inches) in length by 560 mm (22 inches) in width
and space shall be provided for a stove and refrigerator.
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5.5.2 The back splash and counter top around the kitchen sink shall have an
impervious surface.
5.5.3 Every kitchen shall have provided an adequate and approved gas or electrical
or other fuel supply for cooking purposes and there shall be at least 76
centimetres (30 inches) clear space above any exposed combustible cooking
surface. Clear space may be reduced in compliance with the requirements of The
Building Code Act, R.S.O. 1990, and Regulations made there under.
5.6 GARBAGE, REFUSE STORAGE ROOMS AND CHUTES
5.6.1 Where garbage, refuse storage rooms and chutes are provided they shall be in
conformity with the Ontario Building Code as amended from time to time and
maintained in a clean and sanitary condition.
5.7 HEATING, VENTILATING AND MECHANICAL SYSTEMS
5.7.1 Every dwelling and/or dwelling unit shall be provided with a heating system
capable of maintaining a temperature in all habitable rooms, bathrooms and toilet
rooms as follows:
a)
not less than 21 degrees Celsius (70°F) and 15 de grees Celsius (59°F) in
unfinished basements or cellar from the first day of October in each year
to the 31st day of May in the following year; and
b)
not less than 15 degrees Celsius (60°F) first day of Ju ne in each year to
the 30th day of September in the same year.
c)
Crawl spaces need not be heated.
5.7.2 The heating system required by Section 5.7.1 shall be maintained in good
working conditions so as to be capable of heating the dwelling safely to the
required standard.
5.7.3 Any heating appliance or device shall be located with reference to clear space
requirements on all sides in accordance with the Building Code Act, 1992, and
Regulations made there under nor placed so as to impede the free movement of
persons within the room where it is located.
5.7.4 A space that contains a heating unit shall have natural or mechanical means of
supplying air in such quantities to provide adequate combustion.
5.7.5 Where a heating system, or part of it, or any auxiliary heating system burns
solid or liquid fuel, a space or receptacle for the storage of the fuel or residue
shall be provided and maintained in a convenient location and properly
constructed so as to be free from fire or accident hazards.
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5.7.6 Fuel burning equipment shall be vented to a duct by means of a connection
leading to a chimney or a vent or flue which conforms to building and safety
standards.
5.7.7 Every chimney, smoke pipe and flue shall be maintained so as to prevent gas
from leaking into the dwelling.
5.7.8 All flues shall be kept clear of obstruction, all open joints shall be sealed and all
broken and loose masonry shall be repaired.
5.7.9 Fireplaces and similar construction used or intended to be used for burning
fuels in open fires shall be connected to approved chimneys and shall be
installed so as not to create a fire hazard to nearby or adjacent combustible
materials and structural members.
5.7.10 In multiple dwellings provided with a central heating system, the heating unit
shall be located in a separate room having walls, ceilings and doors all of which
shall have the appropriate fire resistance ratings as required by the Ontario
Building Code. The room shall be provided with sufficient combustion air directly
from the outside.
5.7.11 In all commercial, institutional or industrial buildings provided with a central
heating system, the heating unit shall be located in a separate room, having
walls, ceilings and doors, all of which have the appropriate fire resistance rating
as required by the Ontario Building Code.
5.7.12 Thermal insulation and vapour barrier shall be provided to prevent moisture
condensation on the interior surfaces of walls, ceilings and floors during the
winter and to minimize heat loss.
5.7.13 Heating, ventilating and mechanical systems including factory built stoves,
fireplaces and chimneys, fans, pumps, filtration and other equipment provided to
supply heat or other services shall be maintained:
a)
operational in accordance with manufacturers specifications;
b)
for spaces provided for human habitation, with a heating capacity in
accordance with the indoor/outdoor design temperatures as required by
the Building Code Act, 1992, and Regulations made there under; and,
c)
free of hazards that could cause an accident.
5.7.14 Ventilation systems shall be:
a)
regularly cleaned and maintained in good repair, working order and in a
safe condition at all times; and,
b)
in conformance with the requirements of the Building Code Act, 1992, and
Regulations made there under, the Fire Protection and Prevention Act,
1997, and the Fire Code there under.
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SECTION 6 STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
6.1 ELECTRICAL SERVICE
6.1.1 Electrical installations, including the service capacity of the installations and the
number and distribution of circuits, shall conform to the Ontario Electrical Safety
Code made pursuant to the Power Commission Act of Ontario.
6.1.2 Every habitable room, except for a kitchen, shall contain at least one electrical
duplex convenience outlet. Additional duplex convenience outlets shall be
provided in accordance with the requirements of The Building Code Act, 1992,
and Regulations made there under and of the Hydro Electric Power Commission
of Ontario.
6.1.3 Every kitchen shall have at least two electrical duplex convenience outlets, which
shall be on separate circuits. One such outlet shall be provided over the counter
top work surface and one shall be provided at the refrigerator space. In addition,
an outlet shall be provided in a dining area forming part of a kitchen.
6.1.4 Fuses or overload devices shall not exceed limits set by the Hydro Electric
Power Commission of Ontario.
6.1.5 An electrical light fixture shall be installed in every bathroom, toilet room, laundry
room, furnace room, kitchen, hallway, stairwell, basement and cellar.
6.1.6 Extension cords shall not be permitted on a permanent basis.
6.1.7 The electrical wiring and all electrical fixtures located or used in any building shall
be installed and maintained in good working order and in conformity with the
regulations of the Hydro Electric Power Commission of Ontario.
6.1.8 Every dwelling shall be wired for electricity and lighting equipment shall be
installed.
6.1.9 A smoke alarm shall be installed in each living unit on each sleeping floor and,
maintained in operable condition at all times.
6.2 LIGHT
6.2.1 Every habitable room, except for a kitchen, shall have a window or windows,
skylights or translucent panels that face directly outside at least 15 centimetres (6
inches) above the adjoining finished grade with an unobstructed light transmitting
area of not less than ten percent of the floor area of such rooms. The glass area
of a sash door may be considered as a portion of the required window area.
6.2.2 Every hall, stairway, entrance and exit in all buildings shall be illuminated
at all times so as to provide safe passage and the level of illumination, at floor
level, shall not be less than 11 lux (1 foot candle).
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6.2.3 Whenever walls or other portions of structures are located on the outside less
than 0.91 metres (3 feet) from a window, such a window shall not be deemed to
face directly to the outside and shall not be included as contributing to the
required minimum window area of the room.
6.3 VENTILATION
6.3.1 Every habitable room shall have an opening or openings for natural ventilation
from the outside. Such opening or openings shall have a minimum aggregate
unobstructed area of 0.28 square metres (3 feet) and shall be located in the.
exterior walls or through openable parts of skylights.
6.3.2 Openings for natural ventilation may be omitted from a kitchen, living or living-
dining room, basement, cellar and crawl space if mechanical ventilation is
provided which changes the air once every hour.
6.3.3 Every bathroom or room containing a water closet, shall be provided with an
opening or openings for natural ventilation located in an exterior wall or through
openable parts of skylights except said openings may be omitted where a system
of mechanical ventilation has been provided, such as an electrical fan with a duct
leading to outside the dwelling.
6.3.4 All systems of mechanical ventilation or air conditioning shall be maintained in
good working order.
6.3.5 Every basement, cellar, and unheated crawl space shall be adequately vented
to the outside air by means of screened windows which can be opened or by
louvres with screened openings.
6.3.6 In multiple dwellings, every laundry room, garbage room, corridor, boiler room,
storage garage and all parts of the building used by the tenants in common shall
be adequately ventilated and where a system of mechanical ventilation is used, it
shall be maintained in good working condition.
6.3.7 Where insulation is installed so that there is a space between the insulation and
the roofing, such space shall be ventilated.
SECTION 7 OCCUPANCY STANDARDS FOR DWELLINGS
7.1 Every occupant of a dwelling, in that part of the dwelling that he occupies or controls
shall:
7.1.1 limit the number of occupants thereof to the maximum number permitted by this
by-law;
7.1.2 maintain all plumbing, cooking, refrigerating appliances and fixtures and all
storage facilities and other equipment therein in a clean sanitary condition;
7.1.3 keep all exits clean and unobstructed;
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7.1.4 maintain the same in a clean and sanitary condition.
7.2 A dwelling shall be at all times kept free of rodents, vermin and insects which may be
deleterious to safety or health and from conditions which may encourage infestation by
such pests.
7.3 In a residence unit, openings in the exterior walls or roof shall be fitted and maintained
as to protect all habitable space from water and weather entry and so as to make such
space reasonably free from drafts. Every floor, wall, ceiling fixture and appliance in a
dwelling unit shall be maintained in a clean and sanitary condition and the dwelling shall
be kept free from rubbish, garbage, debris or conditions which constitute a fire, accident
or health hazard.
7.4 No person shall use or permit the use of a non-habitable room in a dwelling for a
habitable room purpose.
7.5 The maximum number of occupants in a dwelling or dwelling unit shall not exceed one
person per 9.29 square metres (100 sq. feet) of habitable room floor area.
7.6 For the purpose of computing the maximum number of occupants in subsection 7.5
any child under twelve years of age shall be deemed one-half person.
7.7 For the purpose of computing the habitable room space in subsection 7.5 the floor
area under a ceiling which is less than 2.13 metres (7 feet) high shall not be counted.
7.8 No room in any dwelling shall be used for sleeping purposes unless there is a
minimum width of 2 metres (6.6 feet) and a minimum floor area of 7 square metres (75
sq. feet) At least one half of the required minimum floor area shall have a ceiling height
of 2.13 metres (7 feet) and no floor area with a ceiling height of less than 1.37 metres
(4.5 feet) shall be counted.
7.9 A bedroom shall be a habitable room and no kitchen, bathroom or hallway shall be
used as a bedroom.
7.10 For the purpose of computing the habitable room space in sub-section 7.8, the floor
area under a ceiling which is less than 2.13 metres (7 feet) high shall not be counted. If
a finished ceiling is not applied to the underside of the joists, then the bottom of the
joists shall be deemed to be a ceiling for the purpose of establishing this measurement.
7.11 The minimum floor area of a room used by two or more persons for sleeping shall
be 3.72 square metres (40 sq. feet) for each person so using the room.
7.12 Food shall not be stored or prepared in a room that contains a water closet.
7.13 Every room in which meals are prepared shall have a sink.
7.14 No portion of a building shall be occupied if it does not meet the requirements of this
by-law
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SECTION 8 ADMINISTRATION AND ENFORCEMENT
8.1 APPLICATION OF BY-LAW
8.1.1 This by-law shall apply to all property in the Municipality.
8.1.2 Where a provision of this by-law conflicts with a provision of another by-law in
force in the Municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
8.1.3 If any section of this by-law is for any reason held to be invalid, the remaining
sections shall remain in effect until repealed.
8.1.4 Any owner of property which is below the standards prescribed by this by-law is
required to repair and maintain such properly to comply with the standards
prescribed by this by-law and the occupancy and use of property that does not
conform to such minimum standards is prohibited or the site is to be cleared of all
buildings, structures, debris or refuse and left in a graded and levelled condition.
8.1.5 All notices and documents herein required shall be signed by the Property
Standards Officer or, in his absence, by his designated deputy.
8.2 PROPERTY STANDARDS COMMITTEE
8.2.1 This by-law shall be administered by a Property Standards Committee
composed of such persons, not fewer than three, as Council considers advisable
and who shall hold office for three years. When a vacancy occurs in the
membership of the Committee, Council shall forthwith fill such vacancy.
8.2.2 The members of the committee shall elect one of themselves as chairman, and
when the chairman is absent through illness or otherwise, the committee may
appoint another member as acting chairman and shall make provision for a
secretary for the committee, and any member of the committee may administer
oaths.
8.2.3 The members of the committee shall be paid such compensation as the Council
may provide.
8.2.4 The secretary shall keep on file minutes and records of all applications and the
decisions thereon and of all other official business of the committee, and Section
74 of the Municipal Act applies (mutatis mutandis) with the necessary changes
having been made to such documents.
8.2.5 A majority of the committee constitutes a quorum, and the committee may
adopt its own rules of procedure but before hearing an appeal under subsection
8.5 shall give notice or direct that notice be given of such hearing to such
persons as the committee considers should receive such notice.
8.3 PROPERTY STANDARDS OFFICER
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8.3.1 The office of Property Standards Officer is hereby created and the person
appointed from time to time to this office shall be responsible for the
administration and enforcement of this by-law, subject to review by the foregoing
Committee.
8.3.2 The Property Standards Officer may, upon producing proper identification, enter
on any property at any reasonable time without a warrant for the purpose of
inspecting the property to determine whether the properly conforms with the
standards prescribed by this by-law or whether any order made under this by-law
has been complied with.
8.3.3 For the purposes of conducting an inspection under this by-law, a Property
Standards Officer may,
a)
require the production for inspection of documents or things, including
drawings or specifications, that may be relevant to the property or any part
thereof;
b)
inspect and remove documents or things relevant to the property or part
thereof for the purpose of making copies or extracts;
c)
require information from any person concerning a matter related to a
property or part thereof;
d)
be accompanied by a person who has special or expert knowledge in
relation to a property or part thereof;
e)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection; and
f)
order the owner of the property to take and supply at the owner's expense
such tests and samples as are specified in the order.
8.3.4 The Property Standards Officer shall divide the sample taken under subsection
8.3.3 into two parts and deliver one part to the person from whom the sample is
taken, if the person so requests at the time the sample is taken and provides the
necessary facilities.
8.3.5 If a Property Standards Officer takes a sample under subsection 8.3.3 and has
not divided the sample into two parts, a copy of any report on the sample shall be
given to the person from whom the sample was taken.
8.3.6 A Property Standards Officer shall provide a receipt for any document or thing
removed under subsection 8.3.3 and shall promptly return them after the copies
or extracts are made.
8.3.7 Copies of or extracts from documents and things removed under this section
and certified as being true copies of or extracts from the originals by the person
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who made them are admissible in evidence to the same extent as and have the
same value as evidence as the originals.
8.3.8 Despite any provision of this by-law to the contrary, a Property Standards Officer
shall not enter or remain in any room or place actually being used as a dwelling
unless,
a)
the consent of the occupier is obtained, the occupier first having been
informed that the right of entry may be refused and entry made only under
the authority of a warrant issued under the Building Code Act, 1992, is
obtained;
b)
a warrant issued under the Building Code Act, 1992, is obtained;
c)
the delay necessary to obtain a warrant or the consent of the occupier
would result in an immediate danger to the health or safety of any person;
d)
the entry is necessary to terminate a danger under subsection 8.16 of this
bylaw; or
e)
the requirements of subsection 8.3.9 are met and the entry is necessary to
repair or demolish under subsection 8.12.1.
8.3.9 Within a reasonable time before entering the room or place for a purpose
described in subsection 8.3.8(e), the inspector or officer shall serve the occupier
with notice of his or her intention to enter it.
8.4 ORDER TO COMPLY
8.4.1 When inspection by the Property Standards Officer reveals that a property does
not conform with the standards prescribed by this by-law, the Property Standards
Officer may issue an Order that:
a)
contains the municipal addresser legal description of such property;
b)
gives reasonable particulars of the repairs to be made or stating that the
site is to be cleared of all buildings, structures, debris or refuse and left in
a graded and levelled condition;
c)
indicates the time for complying with the terms and conditions of the order
and gives notice that, if the repair or clearance is not carried out within that
time, the municipality may carry out the repair or clearance at the owner's
expense;
d)
indicates the final date for giving notice of appeal from the order; and
e)
contains any other information that the Property Standards Officer deems
necessary.
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8.4.2 The order shall be served upon the owner of the property and such other
persons affected by it as the Property Standards Officer determines and a copy
of the order may be posted on the property.
8.4.3 No person shall remove an order posted on the property without the consent of
the Property Standards Officer.
8.5 APPEAL TO PROPERTY STANDARDS COMMITTEE
8.5.1 When an Owner or occupant upon whom an Order of the Property Standards
Officer has been served is not satisfied with the terms or conditions of the Order,
he may appeal to the Property Standards Committee by sending Notice of
Appeal by Registered Mail to the Secretary within fourteen (14) days after service
of the Order and if no Appeal is taken, the Order shall be deemed to have been
confirmed.
8.5.2 An order that is not appealed within the time referred to in subsection 8.5.1 shall
be deemed to be confirmed.
8.6 HEARING OF APPEAL
8.6.1 If an Appeal is taken, the Committee shall hear the Appeal and shall have all
the powers and functions of the Property Standards Officer and may confirm,
modify or rescind the Order to demolish or repair or may extend the time for
complying with the Order if, in the opinion of the Committee, the general intent
and purpose of the by-law and of the Official Plan are maintained.
8.7 APPEAL FROM DECISION OF COMMITTEE
8.7.1 The municipality in which the property is situate or any owner or occupant or
person affected by a decision of the Property Standards Committee may appeal
to a Judge of the Ontario Court (General Division) by so notifying the clerk of the
municipality in writing and by applying to Ontario Court (General Division) for an
appointment within fourteen (14) days after the sending of a copy of the decision.
8.7.2 A judge of the Ontario Court (General Division) shall appoint, in writing, a time
and place for the hearing of the appeal and may direct in the appointment the
manner in which it shall be served.
8.7.3 On the appeal, the judge has the same powers and functions as the Committee.
8.8 ORDER TO BE FINAL AND BINDING
8.8.1 An order of a Property Standards Officer that is deemed to have been
confirmed in accordance with this by-law, or as confirmed or modified by the
Committee, or in the event of an appeal, confirmed or modified by a judge of the
Ontario Court (General Division), shall be final and binding upon the owner and
occupant who shall make the repair or effect the clearance within the time and in
the manner specified in the order.
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8.9 SERVICE OF ORDER
8.9.1 Any order issued under this by-law may be served personally or by registered
mail sent to the last known address of the person to whom notice is to be given
or to that person's agent for service.
8.10 DATE OF SERVICE
8.10.1 If a Property Standards Officer serves an order by registered mail, the service
shall be deemed to have been made on the fifth day after the day of mailing
unless the person to whom the notice or order is given or that person's agent for
service establishes that, acting in good faith, through absence, accident, illness
or other unintentional cause the notice was not received until a later date.
8.11 REGISTRATION OF ORDER
8.11.1 An order issued under this by-law or as confirmed or modified by the Committee
or a judge of the Ontario Court (General Division) may be registered in the proper
registry or land titles office and upon such registration any person acquiring any
interest in the land subsequent to the registration of the order shall be deemed to
have been served with the order on the date on which the order was originally
served on the owner in accordance with this by-law, and when the requirements
of the order have been satisfied, the clerk of the municipality shall forthwith
register in the proper registry or land titles office a certificate that such
requirements have been satisfied which shall operate as a discharge of such
order.
8.12 POWER OF THE MUNICIPALITY TO REPAIR OR DEMOLISH
8.12.1 If an Order of a Properly Standards Officer issued under this by-law is not
complied with in accordance with the order as deemed confirmed or as confirmed
or modified by the Committee or a judge, the Municipality in addition to all other
remedies may cause the property to be demolished or repaired accordingly and
for this purpose its employees or agents of the municipality may, after complying
with the requirements of subsection 8.3.8 enter the property at any reasonable
time without a warrant in order to repair or demolish the property.
8.12.2 The municipality shall not be liable to compensate the owner, occupant or any
other persons having an interest in the property by reason of anything done by or
on behalf of the Municipality in the reasonable exercise of its powers under this
by-law.
8.12.3 The municipality shall have a lien on the land for the amount spent on the repair
or demolition under subsection 8.12.1 and the amount shall be deemed to be
municipal real properly taxes and may be added by the clerk of the municipality
to the collector's roll and collected in the same manner and with the same
priorities as municipal real property taxes.
8.13 ISSUANCE OF CERTIFICATE OF COMPLIANCE
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8.13.1 A Property Standards Officer who, after inspecting a property, is of the opinion
that the property is in compliance with the standards established in this by-law
may issue a certificate of compliance to the owner.
8.13.2 A Property Standards Officer shall issue a certificate to an owner who requests
one and who pays a fee of fifty ($50.00) dollars to the municipality.
8.14 PENALTIES
8.14.1 Any person who fails to comply with an order issued under the provisions of this
by-law that is final and binding is guilty of an offense and on conviction is liable to
a fine of not more than $25,000 for a first offence and to a fine of not more than
$50,000 for any subsequent offence.
8.14.2 Notwithstanding Section 8.14.1, if a corporation is convicted of an offence under
the provisions of this by-law, the maximum penalty that may be imposed upon
the corporation is $50,000 for the first offence and $100,000 for any subsequent
offence.
SECTION 9 EMERGENCIES
9.1 EMERGENCY ORDER
9.1.1 Despite any other provisions of this by-law, if upon inspection of a property the
Property Standards Officer is satisfied there is non-conformity with the standards
prescribed in this by-law to such extent as to pose an immediate danger to the
health or safety of any person, the Property Standards Officer may make an
order containing particulars of the non-conformity and requiring remedial repairs
or other work to be carried out immediately to terminate the danger.
9.1.2 The order shall be served upon the owner of the property and such other
persons affected by it as the Property Standards Officer determines and a copy
of the order may be posted on the property.
9.1.3 No person shall remove an order posted on the property without the consent of
the Property Standards Officer.
9.2 EMERGENCY POWERS
9.2.1 After making an order under sub-section 9.1.1, the Property Standards Officer
may, either before or after the order is served, take any measures necessary to
terminate the danger and, for this purpose the municipality may, through its
employees and agents, at any time enter upon the property without a warrant.
9.3 COMPENSATION
9.3.1 The municipality and any person acting on its behalf is not liable to compensate
the owner, occupant or any other person by reason of anything done by or on
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behalf of the municipality in the reasonable exercise of its powers under
subsection 9.1.1 of this bylaw.
9.4 SERVICE OF ORDER AND STATEMENT
9.4.1 If the order is not served before measures are taken by the Property Standards
Officer to terminate the danger as mentioned in subsection 9.1.1, the Property
Standards Officer shall serve copies of the order in accordance with subsection
9.1.2 as soon as practicable after the measures have been taken, and each copy
of the order shall have attached to it a statement by the Property Standards
Officer describing the measures taken by the municipality and providing details of
the amount expended in taking the measures.
9.4.2 If the order was served before the measures are taken, the Property Standards
Officer shall serve a copy of the statement accordance with subsections 9.1.2 as
soon as practicable after the measures have been taken.
9.5 APPLICATION
9.5.1 As soon as practicable after the requirements of subsection 9.4 have been
complied with the Property Standards Officer shall apply to a judge of the Ontario
Court (General Division) for an order confirming the order made under
subsection 9.1.1.
9.5.2 The judge in disposing of the application may confirm, modify or rescind the
order and determine whether the amount spent on measures to terminate the
danger may be recovered by the municipality in whole, in part or not at all, and
the disposition of the application shall be final and binding.
9.6 RECOVERY OF EXPENSE
9.6.1 The amount determined by the judge to be recoverable shall be a lien on the
land and shall be deemed to be municipal real property taxes and may be added
by the clerk of the municipality to the collector's roll and collected in the same
manner and with the same priorities as municipal real property taxes.
SECTION 10 MUNICIPAL LOANS FOR REPAIR OF CLEARING
10.1 GRANTS AND LOANS
Council may by by-law passed pursuant to section 32 of the Planning Act provide for the
making of grants or loans to the registered owners or assessed owners of lands in respect of
which an order has been made under subsections 8.4.1 and 9.1.1 to pay for the whole or any
part of the cost of the repairs required to be done, or of the clearing, grading and levelling of
the lands, on such terms and conditions as the Council may prescribe.
10.2 REPAYMENT
The amount of any loan made under a by-law passed by Council, together with interest at a
rate to be determined by Council, may be added by the clerk of the municipality to the
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collector's roll and collected in like manner as municipal taxes over a period fixed by Council,
and such amount and interest shall, until payment thereof, be a lien or charge upon the land in
respect of which the loan has been made.
10.3 REGISTRATION
A registration certificate signed by the clerk of the municipality setting out the amount loaned to
any owner under a by-law passed under this section, including the rate of interest thereon,
together with a description of the land in respect of which the loan has been made, sufficient
for registration, shall be registered in the proper land registry office against the land, and, upon
repayment in full to the municipality of the amount loaned and interest thereon, a certificate
signed by the clerk of the municipality showing such repayment shall be similarly registered,
and thereupon the lien or charge upon the land in respect of which the loan was made is
discharged.
SECTION 11 SCOPE OF BY-LAW
11.1 GENERAL
11.1.1 This by-law shall be read subject to The Building Code Act, 1992, as amended
from time to time, and whenever the provisions of this by-law conflict or are
otherwise inconsistent with the provisions of The Building Code Act, 1992, the
provision of The Building Code Act, 1992 shall be deemed to be incorporated in
this by-law.
11.1.2 Nothing in this by-law shall require, under the authority of this by-law repairs to
be made to property which repairs are with respect to matters under the
jurisdiction of the Fire Prevention and Protection Act and the Fire Code
there under.
11.1.3 Nothing in this by-law shall require, under the authority of this by-law, repairs to
be made to property which repairs are matters regulated by any other Act of the
Province of Ontario and Regulations there under.
11.1.4 All repairs required to comply with this by-law shall be carried out with suitable
and sufficient materials in a manner acceptable as good and workmanlike for the
trades concerned.
11.1.5 Nothing in this by-law shall require repairs to be carried out inside an unused
building or inside an unused part thereof, except as necessary to remedy an
unsafe condition.
11.1.6 Where a provision of this by-law conflicts with a provision of another by-law in
force in the municipality, the provisions that establish the higher standard shall
prevail in order to protect the health, safety and welfare of the general public.
11.1.7 When any provision of this by-law is declared invalid for any reason by a court
of competent jurisdiction, the remainder of this by-law still continues in force.
11.2 REPEAL
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11.2.1 Upon this by-law coming in to effect, By-Law 25-77 and all previous Property
Standards By-laws enacted under section 15.1 of the Building Code Act, 1992,
or section 31 of the Planning Act, by the Council of The Corporation of the Town
of Deseronto are hereby repealed.
11.3 COMING INTO FORCE
11.3.1 This by-law shall come into force on the date it is passed by the Council of the
Corporation of the Town of Deseronto.