This is the exact embedded text of the captured official document.
Snapshot 9ce432dd9e8a · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
TOWNSHIP OF EAST ZORRA-TAVISTOCK
COUNTY OF OXFORD
BY-LAW # 2001 - 26
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c 23, a by-law may be passed
by the Council of a municipality prescribing the standards for the maintenance and occupancy of
property within the municipality provided the official plan for the municipality includes provisions
relating to property conditions;
AND WHEREAS under the Oxford County Act, the Corporation of the County of Oxford has approved
an Official Plan applicable to properties within the Township of East Zorra-Tavistock, and which
contains provisions relating to municipal housekeeping and property maintenance;
AND WHEREAS the Council of the Township of East Zorra-Tavistock is desirous of passing a by-law
under Section 15.1(3) of the Building Code Act, S.O. 1992, c 23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c 23 requires that a by-law
passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c 23 shall provide for the
establishment of a Property Standards Committee;
NOW THEREFORE the Council of the Township of East Zorra-Tavistock enacts as follows:
PART 1: DEFINITIONS
In this by-law:
1.1
"Accessory Building" means a detached building or structure not used for human
habitation, that is subordinate to the primary use of the same property.
1.2
"Apartment Building" means a building containing more than four dwelling units with
individual access from an internal corridor system.
1.3
"Basement" means that space of a building that is partly below grade, which has half
or more of its height, measured from floor to ceiling above the average exterior finished
grade.
1.4
"Building" means a structure occupying an area greater than ten square meters
consisting of a wall, roof and floor or any of them or a structural system serving the
function thereof including all the plumbing, works, fixtures and service systems
appurtenant thereto, and includes such other structures as are designated in the
building code.
Property Standards By-law - Page 2
1.5
"Cellar" means that space of a building that is partly or entirely below grade, which has
more than half of its height, measured from floor to ceiling below the average exterior
finished grade.
1.6
"Committee" means a Property Standards Committee established under this by-law.
1.7
"Council" means the Council of the Corporation of the Township East Zorra Tavistock.
1.8
"Corporation" means the Corporation of the Township East Zorra Tavistock.
1.9
"Debris" includes refuse, or wrecked, decaying, dismantled, inoperative, discarded,
dilapidated, unused, un-roadworthy or unlicensed vehicles, or machinery (including farm
implements), or objects or parts thereof.
1.10
"Demolition" means the dismantling, taking apart, leveling of any building or structure
on any property pursuant to the order of an officer.
1.11
"Dwelling" means a building or structure or part of a building or structure, occupied or
capable of being occupied, in whole or in part for the purpose of human habitation.
1.12
"Dwelling Unit" means a room or a suite of rooms operated as a housekeeping unit,
used or intended to be used as a domicile by one or more persons and supporting
general living conditions usually including cooking, eating, sleeping, and sanitary
facilities.
1.13
"Exit"' means that part of a means of egress, including doorways, that leads from the
floor area it serves, to a separate building, an open public thoroughfare, or an exterior
open space protected from fire exposure from the building and having access to an
open public thoroughfare.
1.14
"Fence" means a vertical structure including a railing, hedge, line of posts, shrubs,
wire, gate boards or pickets of other similar substances used to enclose or divide in
whole or in part a yard or other land or to establish a property boundary line.
1.15
"First Storey" means the story with its floor closest to grade and having its ceiling more
than 1.8 meters (5 ft. 11 in.) above grade.
1.16
"Good Repair" means that a building, structure or appurtenances thereto, including
mechanical equipment, is maintained to such a condition as to be free from accident or
fire hazard, structurally sound and in good working order.
1.17
"Ground Cover" means organic or non-organic material applied to prevent soil or sand
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
1.18
"Guard" means a protective barrier 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.
Property Standards By-law - Page 3
1.19
"Habitable Room" means any room in a dwelling unit used or capable of being used
for living, sleeping, cooking, and eating purposes.
1.20
"Means of Egress" means a continuous path of travel provided for the escape of
persons from any point in a building or contained open space to a separate building, an
open public thoroughfare, or to an exterior open space from fire exposure from the
building and having access to an open public thoroughfare and includes exits and
access to exits.
1.21
"Medical Officer of Health" means the Medical Officer of Health for the County of
Oxford, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990,
c.7 and includes any staff official acting on their behalf.
1.22
"Multiple Dwelling" means a building or group of buildings containing two or more
dwelling units.
1.23
Multiple Use Building" means a building containing both a dwelling unit and a non-
residential use.
1.24
"Non-Habitable Room" means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor,
stairway, closet, boiler room, or other space for service and maintenance of the dwelling
for public use, and for access to and vertical travel between storeys, and basement or
part thereof which does not comply with the standards of fitness for occupancy set out
in this By-Law.
1.25
"Non-Residential Property" means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, fences or
erections thereon or therein.
1.26
"Occupant" means any person or persons over the age of eighteen years in
possession of property or residing therein or thereon
1.27
"Officer" means a property standards officer who has been appointed under this By-
law and who has been assigned the responsibility of administering and enforcing this
by-law.
1.28
"Owner" includes the person for the time being, managing or receiving the rent of the
land or premises, whether on his/her 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 property, and shall include a Mortgager in possession of
the property.
1.29
"Person" means an individual, firm, corporation, association or partnership.
Property Standards By-law - Page 4
1.30
"Property" means 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 structures, outbuildings, fences and erections thereon whether heretofore or
hereafter erected, and includes vacant property.
1.31
"Property Standards Officer" means an officer appointed under this by-law.
1.32
"Refuse" means waste matter of any kind including animal, commercial, industrial or
domestic rubbish or garbage.
1.33
"Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare and
serve meals, and includes any lands or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard.
1.34
"Residential Unit" means a unit that consists of a self-contained set of rooms located
in a building or structure, and is used or intended for use as a residential premise,
containing kitchen and bathroom facilities that are intended for the use only of the unit,
and has a means of egress to the outside of the building or structure in which it is
located, which may be a means of egress through another residential unit.
1.35
"Sanitary Sewage" means liquid or water borne waste of:
(a)
industrial or commercial origin
(b)
domestic origin, including human body waste, toilet or other bathroom waste, and
shower, tub, culinary, sink and laundry waste
1.36
"Sewage" means sanitary sewage or storm sewage
1.37
"Sewage System" means the municipal sanitary sewer system or a private sewage
disposal system approved in accordance with the Ontario Building Code.
1.38
"Sign" means any surface upon which there is printed, projected or attached any
announcement, declaration, picture, or insignia used for direction, information,
identification, advertisement, business promotion or promotion of products, activity
services and events, and includes a structure, or device, whether in a fixed location or
designed to be portable or capable of being relocated or part thereof specifically
designed for the foregoing uses.
1.39
"Standard" means the standards of physical condition and occupancy prescribed for
property by this by-law.
1.40
"Storey" means that portion of a building other than a basement or cellar located
between the surface of any floor and the surface of the floor, roof deck or ridge next
above it, except an attic storey.
1.41
"Storm Sewage" means water that is discharged from a surface as a result of rainfall,
snow melt or snowfall.
Property Standards By-law - Page 5
1.42
"Structure" means a combination of materials assembled so as to form a construction
or fixed erection to or supported by the soil, other than a building which is not adapted
to permanent or continuous occupancy and shall include a tent, receiving stand,
platform, staging, wall, retaining wall, radio or television antenna, supporting structure,
shed, garbage bin, fence, sign, and every other construction or erection that is not a
building.
1.43
"Toilet Room" means any room containing a water closet and a washbasin.
1.44
"Vacant Property " means any property on which there are no buildings or structures
of any kind but shall not mean public lands identified as areas of environmental
importance or lands utilized for agricultural production.
1.45
"Yard" means the land, other than publicly owned land, within the boundary lines of the
lot and not occupied by the principal building.
PART 2: ADMINISTRATION AND ENFORCEMENT
2.1
APPLICATION OF BY-LAW
2.1.1 The provisions of this by-law shall apply to all property located in the Township East
Zorra Tavistock unless otherwise stated.
2.2
SHORT TITLE
2.2.1 This bylaw may be referred to as the "Property Standards By-law".
2.3
SCOPE OF BY-LAW
2.3.1 Where a provision of this by-law conflicts with a provision of another by-law in force in
the Township East Zorra Tavistock, the provision that establishes the higher standard
shall prevail in order to protect the health, safety and welfare of the general public.
2.4
STANDARDS
2.4.1 The standards for maintenance and occupancy of property set out in schedule "B" to
this by-law are prescribed as the minimum standards for all property located in the
Township.
2.6
GENERAL DUTIES AND OBLIGATIONS
2.6.1 No person shall use or occupy, or permit the use or occupancy of, any property that
does not conform to the standards prescribed by this by-law.
2.6.2 No person who is the owner of property which does not conform with standards
prescribed by this by-law shall fail to repair or to maintain the property to conform with
the standards.
2.6.3 Notwithstanding subsection 2.6.2, where a person who is the owner of property which
does not conform with standards prescribed by this by-law elects not to repair or to
maintain the property to conform with the standards, then that person shall clear the
property of all buildings, structures, debris or refuse which does not conform to
standards, leaving the property in a graded and leveled condition.
Property Standards By-law - Page 6
2.6.4 No person shall remove, pull down or deface any sign, notice or placard in the form set
out in schedule "E" to this by-law after the officer has caused it to be placed in a
prominent position on the exterior of any building which does not conform to the
standards prescribed in this by-law except with the consent of the officer.
2.7
PROPERTY STANDARDS COMMITTEE
2.7.1 There shall be and is hereby established a Property Standards Committee, composed
of a minimum of three (3) persons appointed by Council for the Corporation, and who
shall hold office until the expiry of the term of the Council that appointed them and
successors have been appointed.
2.7.2 The members of the committee shall elect from among themselves a chairperson.
Should this chairperson be absent through illness or otherwise, and unable to chair a
meeting of the committee, the members shall appoint another member as acting
chairperson for that meeting.
2.7.3 Any/all members of the committee are empowered to administer oaths related to the
conduct of the committee's business and mandate.
2.7.4 The committee shall be provided with a secretary for the committee by the Corporation,
and who shall have responsibility to keep all minutes and records of all applications
and decisions thereon and of all other official business of the committee.
2.7.5 A majority of the committee constitutes a quorum and the committee may adopt its own
rules of procedure but, before hearing an appeal, shall give notice or direct that notice
be given of such hearing to such persons as the committee considers should receive
such notice.
2.8
PROPERTY STANDARDS OFFICER
2.8.1 Council for the Corporation may from time to time appoint officers to carry out the
administrative functions of this by-law including the enforcement thereof.
2.8.2 For purposes of this bylaw, any person duly appointed and employed by the
Corporation as an official, a building inspector, a plumbing inspector, a fire prevention
officer, or a bylaw enforcement officer for the Corporation shall hereby be appointed,
authorized and directed to act when required as a Property Standards Officer for
purposes of enforcing the standards so established herein.
2.9
COMPLIANCE
2.9.1 The owner of any property which does not conform to the standards as set out in this
By-law shall repair and /or maintain said property to comply with the standards or the
property shall be cleared of all buildings, structures, debris or refuse and left in a
levelled and graded condition.
2.10
APPEAL
Property Standards By-law - Page 7
2.10.1 Every person who initiates an appeal of an Order made 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 the manner as prescribed in section 15.3 (1) of the Act.
2.11
PENALTY
2.11.1 An owner who fails to comply with an order that is final and binding under this by-law
is guilty of an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23,
and is liable to a penalty or penalties as set out in section 36 of that Act.
2.12
Certificate of Compliance
2.12.1 At the request of the owner, the officer shall, issue to the owner a certificate of
compliance as prescribed in schedule "B", if, in the officer's opinion, the property is in
compliance with the standards established in this by-law. A fee in accordance with
schedule "D" shall be payable for each certificate of compliance issued at the request
of the owner.
2.12.2 Where the owner requests a certificate of compliance for any systems approved for
use by the Authority having Jurisdiction, fees for such certificate shall be the sole
responsibility of the owner. ("ie" electrical systems)
2.13
VALIDITY
2.13.1 If an article of this by-law is for any reason held to be invalid, the remaining articles
shall remain in effect until repealed.
2.13.2 Where a provision of this by-law conflicts with the provision of another by-law in force
within the municipality, the provisions that establish the higher standards to protect
the health, safety and welfare of the general public shall prevail.
2.14
SCHEDULES
2.14.1 Schedules A, B, C, D, E and F attached hereto form part of this by-law.
2.15
REPEAL
2.15.1 By-law 53-90 is hereby repealed.
2.16
FORCE AND EFFECT
2.16.1 This by-law shall come into force and take effect on the date of its passing and
enactment
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th
DAY OF JUNE, 2001.
David Oliphant, Mayor
SEAL
Jeff Carswell, C.A.O.
Property Standards By-law - Page 8
SCHEDULE "A" To By-law #2001 - 26
TABLE OF CONTENTS
SECTION
PAGE
General
Definitions
1
1
Administration and Enforcement
2
5
Standards for all Properties
Maintenance of Yards
3
9
Sewage Discharge and Drainage
3
10
Fences and Retaining Walls
3
10
Abandoned Wells, Cisterns
5
11
Outdoor Swimming Pools
3
11
Signs
3
11
Pest Prevention
3
11
Domestic Storage
3
12
Refuse Storage, Disposal
3
12
Accessory Buildings
3
13
Structural Soundness
3
13
Damage and Prevention
3
13
Foundations
3
14
Exterior Walls
3
14
Overhanging Extensions, Stairs
3
14
Doors and Windows
3
15
Roofs
3
16
Interior Structures and Surfaces
3
16
Plumbing Systems
3
16
Toilets and Bathrooms
3
17
Ventilation Systems
3
17
Heating and Mechanical Systems
3
17
Electrical Systems
3
18
Light
3
19
Recreational Facilities
3
19
Vacant Buildings
3
19
Additional Standards for Residential Buildings
Duties of Occupant
4
20
Occupancy Standards
4
20
Doors, Walls, and Ceilings
4
21
Toilet, Bathroom, and Kitchen Facilities
4
21
Ventilation and Lighting in Dwellings
4
22
Heating
4
23
Egress
4
23
Storage Garages
4
24
Elevators and Elevating Devices
4
24
Electrical
4
24
Lighting
4
24
Property Standards By-law - Page 9
SCHEDULE "B" To By-law #2001 - 26
PART 3: STANDARDS FOR ALL PROPERTIES
3.1
General
3.1.1
All repairs and maintenance of property required by the standards
prescribed by this by-law and schedules thereto shall be carried out in a
manner accepted as good workmanship in the trades concerned and with
materials suitable and sufficient for the purposes. All new construction or
repairs shall conform to the Ontario Building Code, Ontario Fire Code and
the Fire Prevention and Protection Act where applicable.
3.2
Maintenance of Yards and Vacant Properties
3.2.1
All yards and vacant properties shall be free from:
(a) objects or conditions such as holes or abandoned, inoperative iceboxes,
refrigerators, or freezers that might create a fire, health or accident
hazard;
(b) debris, except in a salvage yard or motor vehicle repair garage and then
only in an arrangement to ensure compliance with all zoning requirements
and so as to prevent an unsafe or unsightly condition out of character with
the surrounding environment;
(c)
dilapidated, collapsed or unfinished structures;
(d) the storage or accumulation of disused commercial, industrial, or
domestic articles including motor vehicles, lumber and other building
materials from construction or demolition projects that create a nuisance
or are deteriorative to the neighbouring environment;
(e) trees, vegetation and the branches, limbs and parts thereof which create
an unsafe condition due to decay, disease, or being damaged, or which
create a nuisance condition;
(f)
injurious insects, termites, rodents, vermin or other pests.
3.2.2
All yards and every vacant property in developed residential zones shall
be free from long grass, brush, undergrowth and noxious weeds as
defined by the Weed Control Act. Grass shall be cut and maintained to a
height consistent with groomed properties in the vicinity to avoid an
unsightly or nuisance condition.
3.2.3
Yards shall be graded, cultivated or protected with a suitable ground
cover so as:
(a) to prevent excessive or recurring ponding of storm water;
Property Standards By-law - Page 10
(b) to prevent instability or erosion of soil;
(c)
to prevent surface water run-off from entering a basement;
(d) not to create an unsightly appearance or an unsafe condition;
(e) not to create a nuisance to other property.
3.2.4
All curbs, asphalt, catch basins, traffic aisles, parking stalls, and other
facilities shall be maintained so as to ensure their continued, proper and
safe functioning; free from potholes or uneven sections.
3.2.5
All traffic aisles, parking stalls and lighting fixtures and their supports shall
be maintained in a safe and structurally sound condition and in working
order. All painted markings shall be maintained to be clearly visible.
3.2.6
Exterior steps, walks, loading docks, ramps, curbs, parking spaces,
driveways and similar areas of a yard shall be maintained in a good state
of repair, free from conditions which prevent passage, and free from
hazard to any person under normal use and weather conditions.
3.3
Sewage Discharge & Drainage
3.3.1
(a) Sewage shall be discharged into the municipal or approved private
sewage system inspected and approved by the Ontario Building Code or
the Ministry of the Environment.
(b) 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.
3.3.2
(a) Roof drainage or surface water shall be drained from properties so as to
prevent recurrent ponding, erosion, or entrance of water into a basement
or cellar.
(b) Roof drainage or surface water shall not be channeled or allowed to
discharge onto sidewalks, stairs or neighbouring property so as to cause
an adverse effect.
3.4
Fences and Retaining Walls
3.4.1
All fences, retaining walls and other barriers shall be:
(a) maintained in good repair, in a safe and structurally sound condition
capable of sustaining any load to which it may be reasonably subjected;
(b) protected from deterioration by the application of paint or other suitable
protective materials of uniform colour and shall be maintained in good
condition or constructed of a material that is inherently resistant to such
deterioration;
Property Standards By-law - Page 11
(c)
kept free from posters, signs, notices, advertising material, or other
defacement.
3.4.2
Hedges shall not be permitted to grow ungroomed.
3.5
Abandoned Wells, Cisterns and Other Fixtures or Excavations
3.5.1
All owners and occupants of properties containing an abandoned well,
cistern, cesspool, privy vault, pit or excavation shall permanently seal or
secure each of them by fence or cover unless the above or any of them
are in active use, in which event they shall be secured by fencing with
warning signs until they have ceased use, whereupon they shall be
sealed or fenced, or covered as required above.
3.6
Outdoor Swimming Pools
3.6.1
All owners and occupants of properties shall, where swimming pools and
appurtenances thereto are located thereon, maintain such swimming
pools and appurtenances including fences and gates in good repair and
free from health and safety hazards, in accordance with Township By-law
#14-77, as amended.
3.6.2
The water in any privately owned swimming pool shall be kept clean and
in a sanitary condition free from obnoxious odours and conditions likely to
create a breeding pond for insects.
3.7
Signs
3.7.1
Every sign on property and any structure supporting the same shall be
installed and maintained:
(a)
in a safe and structurally sound condition;
(b)
in good repair and without any visible deterioration;
3.7.2
A sign that is unused, not cared for or discarded shall, with its supporting
members, be removed.
3.7.3
No sign posted or installed by a Property Standards Officer shall be
removed from the property to which it is affixed.
3.8
Pest Prevention
3.8.1
Every building shall be kept free of rodents, pests and noxious insects at
all times. Methods used for exterminating such pests shall be in
accordance with the provisions of the Pesticides Act.
3.8.2
Openings, including windows, that might permit the entry of rodents,
insects, vermin or other pests shall be appropriately screened or sealed.
Property Standards By-law - Page 12
3.9
Domestic Storage
3.9.1
All storage of firewood, garden equipment, and other used domestic
materials or articles shall be in accordance with all zoning requirements
and may be located in rear or side yards provided such storage is neatly
piled or arranged.
3.10
Refuse Storage and Disposal
3.10.1
Garbage, rubbish, compost material, ashes, trade waste or other refuse
shall be promptly stored in receptacles and made available for removal
or removed in accordance with the Township of East Zorra-Tavistock
Waste Management By-law #60-93, as amended.
3.10.2
Without limiting and in addition to the generality of subsection 3.10.1 of
this schedule, the collection, handling, storage and disposal of refuse
shall comply with the following:
(a)
It shall facilitate collection and disposal as required by the Township or
private collection agency;
(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 in compliance with all regulations applicable thereto;
(c)
Facilities for refuse storage shall be maintained in a clean, sanitary and
odour controlled condition;
(d)
Shall not obstruct an emergency route, recreation facility, parking area,
driveway or walkway.
3.10.3
Where refuse is to be stored or placed for disposal outside the enclosing
walls of a building, the storage and place for disposal shall 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.
3.10.4
Where an exterior bulk or roll-off container disposal system is used, it
shall;
(a)
be equipped with covers or similar devices which shall be readily
operable but not left open except when actively being loaded;
(b)
be large enough to contain all refuse generated between collections by
the occupants served;
(c)
not be loaded beyond the top of the container.
3.10.5
Where a refuse chute system was originally provided in a multiple floor
building, the system, shall be maintained operative, except that suitable
Property Standards By-law - Page 13
alternatives may be provided if readily accessible to all occupants.
3.11.6
The occupant of a residential property may provide for a compost heap
in accordance with the health regulations, provided that the compost pile
is no larger than one square metre and 1.8 metres in height and is
enclosed on all sides by concrete block, or lumber, or in a forty-five
gallon container, a metal frame building with a concrete floor, or a
commercial plastic enclosed container designed for composting.
3.11
Accessory Buildings
3.11.1
The foundations, walls, roofs and all parts of accessory buildings and
other structures appurtenant to the main building shall be:
(a)
constructed with suitable building materials, structurally sound, plumb
and level;
(b)
maintained in good repair to prevent an unsafe condition and unsightly
appearance.
3.11.2
The exterior of any accessory building or other structure appurtenant to
the main building on a property shall be protected from deterioration by
the application of paint or other suitable protective material.
3.12
Structural Soundness
3.12.1
Every building and every part thereof shall be maintained in a
structurally sound condition so as to be capable of sustaining its own
weight or any additional weight which may be put on it through normal
use, and materials which show damage or evidence of rot or other
deterioration shall be repaired or replaced.
3.12.2
The foundations, walls, columns and beams of a building shall be
maintained in good repair and in a safe and structurally sound condition.
3.12.3
Where in the opinion of the officer, the structural safety of any part of
any building is in doubt, the officer may require the owner to be
responsible for submitting an inspection report respecting the structural
safety of the building, prepared, sealed and signed by a professional
engineer who is qualified in the pertinent field and licensed by
Professional Engineers Ontario.
3.12.4
Examination and testing of any building or structure or parts thereof
required by subsection 3.12.3 shall be conducted in a manner
acceptable to the officer and at the owner's expense
3.13
Damage and Prevention
3.13.1
A building or structure damaged by fire, storm or by other causes shall
be demolished or repaired within a reasonable time.
3.13.2
ln the event the building or structure is beyond repair, the land shall be
cleared of debris and remains and left in a graded, level, and safe
Property Standards By-law - Page 14
condition without unreasonable delay.
3.13.3
Where a building or structure is damaged by fire, storms or by other
causes, immediate steps shall be taken to prevent or remove a condition
which might endanger persons on or near the property and the building
or structure shall be properly supported and barricaded until the
necessary demolition or repair can be carried out.
3.13.4
Defacement by smoke or by other causes on the exterior wall and
surface of the building or structure or of the remaining parts of building
or structure shall be removed and the defaced areas refinished in a
workmanlike manner.
3.13.5
The owner or agent of a fire damaged building shall board up the
building to the satisfaction of the Property Standards Officer by covering
all openings with at least 12.7mm or (0.5 inch) weather proof sheet
plywood securely fastened to the building and painted a colour
compatible with the surrounding structure.
3.14
Foundations
3.14.1
The foundations, walls, columns, beams, floors, roof slabs and balconies
of a building shall be maintained in good repair and structurally sound;
free from decayed, damaged or weakened sills, piers, posts or other
supports in a manner so as to prevent the entry of moisture, rodents and
insects into the building.
3.15
Exterior Walls
3.15.1
The exterior walls of a building shall be maintained in good repair, free
from cracked or broken masonry units, defective or deteriorated wood or
metal siding or trim, cracked, broken or loose stucco, weathertight, free
from loose or unsecured objects and in a manner to prevent
deterioration due to weather or insects without limiting the generality of
the foregoing. The maintenance of an exterior wall includes the finish
with a weather resistant material of all exterior wood and metal work and
restoring, repairing or replacing of the wall, brick and mortar; the stucco
lathing and plaster, the cladding; the coping and the flashing, and the
waterproofing of the walls and joints.
3.15.2
All exterior exposed surfaces which have been previously covered with
paint and are not inherently resistant to deterioration or other protective
or decorative materials shall be maintained in good repair and the
covering renewed when it becomes damaged or deteriorated.
3.15.3
Metal eavestroughs, rainwater pipes, flashings and all exterior metal
ducts shall be kept from rust by application of a suitable protective
material such as paint, and shall be replaced when such application is
impractical or ineffective.
3.16
Overhanging Extensions, Stairs, Balconies & Other Platforms
3.16.1
Balconies, porches, canopies, marquees, awnings, screens, grills,
Property Standards By-law - Page 15
stairways, guards, fire escapes, pipes, ducts, air conditioners and all
other similar equipment, attachments, extensions and their supporting
members shall be maintained:
(a)
in good repair free from holes, cracks, worn risers and other defects;
(b)
free from rubbish and debris;
(c)
properly and safely anchored;
(d)
protected against deterioration and decay;
(e)
free from ponding water.
3.16.2
A handrail shall be installed and maintained good repair in all stairwells.
3.16.3
Guardrails shall be installed and maintained good repair around all
landings, porches, balconies.
3.16.4
Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
3.16.5
Handrails, guards, balustrades shall be constructed and maintained in
accordance with the Ontario Building Code.
3.17
Doors and Windows
3.17.1
All exterior openings for doors and windows shall be fitted with doors or
windows.
3.17.2
Windows, in subsection 4.3 of this schedule, including storm and screen
windows and window screens, exterior doors, and basement or cellar
hatchways shall be maintained in good repair. Locking devices shall be
installed on all windows
3.17.3
Doors, door frames, window frames, sashes, shutters, casings,
weather-stripping and caulking that have been damaged or show
evidence of rot or other deterioration shall be repaired or broken glass
and translucent substitutes, damaged screens and missing or defective
doors and window hardware shall be repaired or replaced.
3.17.3
ln multiple unit residential developments where a voice communication
or sound activated system between each residential unit and the front
lobby and security locking and release facilities for the entrance have
been provided, and are controlled from each residential unit, such
facilities shall be maintained in good repair and in operative condition.
3.17.4
Every door used as an entrance to or means of egress from a multiple
unit residence where a voice communication or sound activated system
between each residential unit and the front lobby and security locking
and release facilities have been provided or from a storage garage
Property Standards By-law - Page 16
which is not open and available for use by the general public, shall be
kept closed and locked and shall be provided with approved self-closing
and self-locking mechanisms and shall not be secured in an open
position except in an emergency situation.
3.18
Roofs
3.18.1
All roofs of all buildings and structures shall be maintained:
(a)
in a water tight condition so as to prevent leakage or admission of water;
(b)
free from loose or unsecured parts, objects or materials;
(c)
free from dangerous accumulations of snow or ice or both;
(d)
free from all other accident, fire or health hazards;
(e)
so that roof decks and related guards are in a good state of repair.
3.19
Interior Structures and Surfaces
3.19.1
The interior floors, ceilings and walls of buildings 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.
3.19.2
Interior floors, ceilings and walls of buildings shall be maintained:
(a)
in good repair, free from holes, loose boards and broken, torn, damaged,
decayed or missing materials;
(b)
in a safe condition.
3.19.3
All floors and floor coverings in buildings shall be reasonably smooth
and level and be maintained so as to be free of all loose, warped,
protruding, broken coverings shall be repaired or replaced.
3.20
Plumbing Systems
3.20.1
Every required sink, washbasin, toilet, bathtub, or shower in a building
shall have an adequate supply of potable water with a flow and pressure
sufficient for the intended use of the fixtures.
3.20.2
All plumbing, including every drain pipe, water pipe, water closet and
plumbing fixture in a building and the building drain or building sewer
shall be maintained in good working condition, free from leaks and
defects and shall be protected from freezing.
3.20.3
All plumbing fixtures shall be connected to the sewerage system through
water seal traps.
3.20.4
All plumbing fixtures shall be supplied with potable running water from a
source approved by the Medical Officer of Health. The owner shall
provide a record of testing of water not supplied by the Municipality. The
Property Standards By-law - Page 17
Medical Officer of Health shall approve such testing.
3.20.5
All septic systems shall be maintained in good working order.
3.21
Toilet Rooms and Bathrooms
3.21.1
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
3.21.2
Where a toilet room contains more than one water closet, each water
closet compartment shall be provided with a means of locking the door on
the inside of such compartment to provide privacy.
3.21.3
No water closet or urinal shall be located in a room that is used for the
preparation, cooking, storage, or consumption of food, or for sleeping
purposes.
3.22
Ventilation Systems
3.22.1
Ventilation systems required by the building code shall be regularly
cleaned to prevent accumulation of dust and contaminants likely to create
a potential fire, explosion, toxic or health hazard.
3.22.2
Ventilation systems shall be maintained and operated in a safe condition
and in good repair and working order.
3.23
Heating and Mechanical Systems
3.23.1
Where space is normally heated in occupied buildings, heat shall be
provided and maintained during normal hours of occupancy so that the
room temperature at 1.5 meters above floor level and 1 meter from
exterior walls is at least 21° Celsius or 70° Fahrenheit.
3.23.2
Subsection 3.23.1 does not apply to an occupied building in which the
occupant can regulate the temperature as long as a minimum of 21°
Celsius or 70° Fahrenheit can be maintained.
3.23.3
Every occupied building shall have a heating system capable of
maintaining the temperatures required by subsection 3.23.1.
3.23.4
Except in the event of an emergency, no occupied building shall be
equipped with portable heating equipment as the primary source of heat.
3.23.5
Fuel or utilities supplied to rental occupied buildings shall be supplied
continuously in adequate quantities.
3.23.6
The supply of fuel or utilities may be interrupted for such a reasonable
period of time as may be required for the purpose of repair or
replacement.
Property Standards By-law - Page 18
3.23.7
Subsections 3.23.1 and 3.23.2 do not apply if the tenancy agreement
makes the tenant responsible for the supply of fuel for utilities and the
supply has been discontinued because of arrears in payment.
3.23.8
Every fuel-burning appliance shall be properly used and vented to the
outside air by means of a chimney or a vent flue if venting is required to
ensure safe operation.
3.23.9
All heating equipment, every chimney, smoke pipe and flue of a building
shall be maintained:
(a)
and kept clear of obstruction so as to prevent any gases from leaking into
the building, and so that under conditions of use any combustible material
adjacent thereto, insulated there from, or in contact therewith, shall not be
heated to unsafe conditions;
(b)
free from open joints;
(c)
free of broken and loose masonry;
(d)
in good repair and plumb.
3.23.10
The property owner shall be responsible for maintenance of all fuel fired
appliances and shall provide a record of annual inspections for solid,
liquid and or gas fuel heating appliances by a person registered to
provide such an inspection.
3.23.11
lf heating equipment burns solid or liquid fuel, a storage place or
receptacle for the fuel shall be provided in a safe place and maintained in
a safe condition.
3.23.12
Every dwelling shall be so constructed or otherwise separated to prevent
the passage of smoke, fumes, and gases from that part of the dwelling
which is not used, designed or intended to be used for human habitation
into other parts of the dwelling used for habitation. Such separations
shall conform to the Ontario Building Code.
3.24
Electrical Systems
3.24.1
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.24.2
The connection of an electrical supply system to a building and the
system of circuits and outlets distributing the electrical supply within a
building shall provide adequate capacity for the use and intended use of
a building. Any fuse, circuit breaker and other appurtenances thereto
shall be maintained in a safe condition and in good repair and working
order so as not to cause fire or electrical shock hazards.
Property Standards By-law - Page 19
3.24.3
Every habitable room in a dwelling shall have at least one electrical
duplex outlet for each 11.1 square metres (120 sq. ft.) of floor space and
for each additional 9.3 square metres (100 sq. ft.) of floor area, a second
duplex outlet shall be provided. Extension cords shall not be used on a
permanent basis.
3.24.4
The property owner shall be responsible for ensuring the electrical
system has been inspected and approved for use by the Authority having
Jurisdiction.
3.24.5
Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non-habitable work or storage room shall be
provided with a permanent light fixture.
3.24.6
Lighting fixtures and appliances installed throughout a dwelling unit,
including hallways, stairways, corridors, passageways, garages and
basements, shall provide sufficient illumination so as to avoid health or
accident hazards in normal use.
3.25
Light
3.25.1
Sufficient windows, skylights or electrical lighting are required for
illumination in all public or common halls and stairways whenever the
building is in use, and in all stairways provided for use in case of fire or
other emergency.
3.25.2
All properties, other than municipal properties, must provide and maintain
an effective barrier to prevent the light from lamp standards, signs, and
other permanent sources from shining directly into a dwelling unit and
away from all streets and highways.
3.25.3
All external portions of building and parking lots shall be illuminated to
allow people to safely use these areas. However lighting shall not be
positioned so as to cause any impairment of use or enjoyment of
neighbouring properties.
3.26
Recreational Facilities
3.26.1
Recreational areas, equipment, structures, rooms and other facilities
provided for the indoor or outdoor use of the occupants of a building shall
be maintained in a safe condition free from debris and in good repair and
working order.
3.27
Vacant Buildings
3.27.1
The owner of any vacant or unoccupied building shall provide protection
for such building against the risk of fire, accident damage or other danger
thereto or to adjoining premises by taking measures to prevent the entry
thereto by all unauthorized persons.
Property Standards By-law - Page 20
3.27.2
All materials used for boarding up unoccupied buildings shall be installed
and maintained in good repair and, unless inherently resistant to
deterioration, with a protective coating of paint or equivalent
weather-resistant material. Boarding material shall consist of 12.7mm or
(0.5 inch) weatherproof sheet plywood securely fastened to the structure
and painted a colour compatible with surrounding structures.
3.27.3
Where a building remains vacant or unoccupied for a period of more than
90 days, the owner, or agent of the owner, shall ensure that all utilities
serving the building that are not required for the safety or security thereof,
are properly disconnected or otherwise secured to prevent risk of fire,
accident, damage or other danger to the property or adjoining premises.
PART 4: ADDITIONAL STANDARDS FOR RESIDENTIAL PROPERTIES
4.1
Duties of Occupant
4.1.1
Every occupant of a residential property shall maintain the property or
part thereof and the land which they occupy or control, in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a
regular basis, in accordance with municipal by-laws.
4.1.2
Every occupant of a residential property shall maintain every floor, wall,
ceiling and fixture under their control, including hallways, entrances,
laundry rooms, utility rooms, and other common areas in a clean,
sanitary and safe condition.
4.1.3
Accumulations or storage of garbage, refuse, appliances, or furniture in
a means of egress shall not be permitted.
4.2
Occupancy Standards
4.2.1
The number of occupants residing on a permanent basis in a individual
dwelling unit shall not exceed one person for every nine square metres (97
sq. ft), of habitable floor area. For the purpose of computing habitable floor
area, any area with the minimum ceiling height less than 2.1 metres (7 ft.)
shall not be considered.
4.2.2
A non-habitable room shall not be used or occupied for purposes of
habitation.
4.2.3
A bedroom shall be a habitable room and no kitchen, bathroom or
hallway shall be used as a bedroom.
4.2.4
Any basement, or portion thereof, used as a dwelling unit shall conform
to the following requirements;
(a)
each habitable room shall comply with all the requirements set out in this
Property Standards By-law - Page 21
by-law;
(b)
floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c)
each habitable room shall be separated from service rooms by a suitable
fire separation and approved under the Ontario Building Code;
(d)
access to each habitable room shall be gained without passage through
a service room.
4.3
Doors, Walls and Ceilings
4.3.1
Interior doors and door frames including automatic door closers and all
necessary hardware shall be maintained in good repair to ensure the
proper operation and integrity of the door. The door shall be a good fit
in its frame.
4.3.2
Doors connecting dwelling units to the exterior or to an entrance or exit
system shared in common with other dwelling units shall have locking
devices and other necessary hardware installed and maintained in good
repair.
4.33
At least one entrance door to a dwelling unit shall have suitable hardware
so as to permit locking or securing from either inside or outside the dwelling
unit.
4.3.4
Every wall and ceiling in a residence or in a residential unit shall be
maintained so as to be free of holes, cracks, damaged and deteriorated
plaster or other material and be finished to match the existing wall or
ceiling.
4.3.5
Every wall and ceiling in a residence or in a residential unit shall be
maintained so as to be free of holes, cracks, damaged and deteriorated
plaster or other material and be finished to match the existing wall or
ceiling.
4.3.6
Garbage chutes and garbage disposal rooms shall have fire doors fitted
with self-closing devices and all necessary hardware and every such
door shall fit in its frame, and be maintained in good repair.
4.4
Toilet Rooms, Bathroom and Kitchen Facilities
4.4.1
Every residential unit shall be provided with at least one kitchen sink,
water closet, washbasin and bathtub or shower, connected to an
adequate supply of running water and an acceptable means of sewage
disposal. The fixtures required by this section shall be maintained and
shall be supplied with a supply of potable water sufficient for normal
household use at a flow and pressure sufficient for the intended use of
the fixture. ln all residential units, all bathrooms and toilet rooms shall be
located within and accessible from within the building and shall have a
door that can be secured from the inside and opened from the outside in
Property Standards By-law - Page 22
an emergency.
4.4.2
Every sink, washbasin, bathtub, shower or laundry facility shall have an
adequate supply of hot and cold running water. The ordinary
temperature of the hot water provided must be at least 43° Celsius.
4.4.3
Walls and ceilings around bathtubs and showers shall consist of water
resistant material and shall be maintained in good repair.
4.4.4
Every residential unit shall have a kitchen and each kitchen in a
residential unit shall be provided with an approved gas or electrical
supply for cooking purposes.
4.4.5
Every supplied facility, piece of equipment or appliance shall be so
constructed and installed that it will function safely and effectively. Such
appliances, fixtures and fittings shall be maintained in good repair and a
safe and satisfactory working condition.
4.4.6
Every kitchen in a residential unit shall be 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)
space sufficient to accommodate a stove or a heating unit, and
refrigerator;
(c)
a counter or work area covered with a material that is impervious to
moisture and grease and is easily cleanable;
(d)
cupboards or pantry, excluding the area under the sink, for the storage
of food, dishes and cooking utensils.
4.4.7
All plumbing fixtures shall be supplied with potable running water from a
source approved by the Medical Officer of Health. The owner shall
provide a record of testing of water not supplied by the Municipality. The
Medical Officer of Health shall approve such testing. All septic systems
shall be maintained and in good working order
4.5
Ventilation and Lighting in Dwelling Units
4.5.1
Every habitable room shall have an adequate opening or openings for
natural ventilation. An opening for natural ventilation may be omitted if
mechanical ventilation is provided.
4.5.2
All enclosed areas including basements, cellars, crawl spaces and attics
or roof spaces shall be adequately ventilated.
4.5.3
Every habitable room, except a kitchen shall have one or more windows
or skylights that face directly to the outside and have an adequate
unobstructed light transmitting area.
Property Standards By-law - Page 23
4.5.4
All windows and skylights in a dwelling unit shall be:
(a)
glazed or fitted with glass or clear plastic materials;
(b)
maintained in good working order;
(c)
maintained in good repair;
(d)
if required for ventilating purposes, capable of being easily opened and
closed at all times.
4.5.5
All windows in a residential unit designed to be open shall be fitted with
screens so as to prevent the entrance of insects and rodents and
maintained in good repair.
4.5.6
Every window of a residential unit, which is located above the first story,
shall be equipped with a safety device to prevent the opening of any part
of such window to a width in excess of 100 mm. (4"), such devices to be
installed to the requirements of the Ontario Building Code.
4.6
Heating
4.6.1
The heating system or equipment for a dwelling or living accommodation
shall be capable of maintaining the temperatures specified in Section
3.23 of this By-law and maintained as per Section 3.23 of this by-law.
4.6.2
Only heating equipment approved for use by a recognized standards
testing authority shall be provided in a room used or intended for use for
sleeping purposes.
4.6.3
The property owner shall be responsible for maintenance of all fuel fired
appliances and shall provide a record of annual inspections by a person
registered to provide such an inspection.
4.7
Egress
4.7.1
Every dwelling and each dwelling unit contained therein shall have a
safe, continuous and unobstructed passage from the interior of the
dwelling and the dwelling unit to the outside at street or grade level.
4.7.2
Each dwelling containing more than one dwelling unit shall have at least
two (2) exits, both of which may be common or the one of which may be
common and the other may be an exterior stair or fire escape. Access
to the stairs or fire escape shall be from corridors through doors at floor
level, except access from a dwelling unit may be through a vertically
mounted casement window having an unobstructed opening of not less
than 1,067 by 559 mm, (42 x 22 inches) with a sill height of not more
than 914mm, (36 inches), above the inside floor. A single exit is
permitted from a dwelling unit where the path of egress is through an
exterior door located at or near ground level and access to such exit is
not through a room not under the immediate control of the occupants of
the dwelling unit.
Property Standards By-law - Page 24
4.8
Storage Garages
4.8.1
All storage garages shall have the ability to be adequately lit at all times.
4.8.2
Every floor, wall and ceiling of a storage garage shall be kept clean and
free from rubbish and debris and from objects or conditions that might
create a fire, health or accident hazard.
4.8.3
All means of egress within a storage garage shall be provided with
clean, clear, unobstructed and maintained in good repair.
4.9
Elevators and Elevating Devices
4.9.1
Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems
shall be operational and maintained in good condition except for such
reasonable period of time as may be required for the purpose of
repairing and maintaining such devices.
4.10
Electrical
4.10.1
A supply of electrical power shall be provided to all habitable space in a
residential complex. The property owner shall be responsible for
ensuring the electrical system has been inspected and approved for use
by the Authority having Jurisdiction.
4.11
Lighting
4.11.1
All exterior and interior common areas shall have artificial lighting
sufficient so that those areas can be used or passed through safely and
this artificial lighting shall be maintained in a good state of repair.
4.11.2
Sufficient windows, skylights or electrical lighting are required for
illumination in all public or common halls and stairways whenever the
building is in use and in all stairways provided for use in case of fire or
other emergency.
4.12
Disconnected Utilities
4.12.1
Owners of residential buildings or any person or persons acting on
behalf of such owner shall not disconnect or cause to be disconnected
any service or utility supplying heat, electricity, gas, refrigeration or water
to any residential unit or building occupied by a tenant or lessee, except
for such reasonable period of time as may be necessary for the purpose
of repairing, replacing, or otherwise altering said service or utility.
Property Standards By-law - Page 25
Schedule C To By-law #2001 - 26
The Corporation of the Township of East Zorra-Tavistock
CERTIFICATE OF COMPLIANCE
Section 2.12 of the Township of Township of East Zorra-Tavistock Property Standards By-
law 2001- provides:
Where an inspection of the premise has taken place and when a request of an owner has
been-made, the Chief Property Standards Officer shall issue to the owner, a Certificate of
Compliance if the premises comply with this By-law.
As such, the property known municipally as
(East Zorra-Tavistock Township) was inspected day/month/year and has found to be in
conformity with the standards established by the Township of East Zorra-Tavistock Property
Standards By-law 2001-
Date issued
Chief Property Standards Officer
Property Standards By-law - Page 26
Schedule D To By-law #2001 - 26
The Corporation of the Township of East Zorra-Tavistock
FEE SCHEDULE FOR ISSUANCE OF
CERTIFICATE OF COMPLIANCE
Category of Permit
Fee
(a)
For a single residential unit
$200.00
(b)
Multiple unit residential buildings
$200.00 plus an amount calculated at the rate of
$30.00 for each additional residential unit in
excess of the first residential unit
(c)
For a lodging house, second level
lodging house, or nursing home
$200.00 plus an amount calculated at the rate of
$20.00 for each permitted resident
(d)
For a lodging house, second level
lodging house, or nursing home
$200.00 plus an amount calculated at the rate of
$10.00 per 1,000 square feet of gross floor area in
excess of the first 1,000 square feet
Property Standards By-law - Page 27
Schedule E To By-law #2001 - 26
The Corporation of the Township of East Zorra-Tavistock
NOTICE RE: SUBSTANDARD PROPERTY
This property has been found not to be in conformity with the standards established by the
Township of East Zorra-Tavistock Property Standards By-law 2001-.
Section 2.6.4 of the Township of East Zorra-Tavistock Property Standards By-law 2001- states:
Any person who defaces or who pulls down this placard without consent contravenes section
2.6.3 of the Township of Township of East Zorra-Tavistock Property Standards By-law 2001- and
thereby commits an offence and upon conviction pursuant to the provisions of the Provincial
Offences Act is liable to a fine of not more than $5,000.00 for each offence.
Dated at the Township of East Zorra-Tavistock this day of 20
Property Standards Officer
Property Standards By-law - Page 28
Schedule F To By-law #2001 - 26
The Corporation of the Township of East Zorra-Tavistock
APPOINTMENTS
1.
The Chief Municipal Law Enforcement Officer for the Township of East Zorra-Tavistock is
hereby appointed as the Chief Property Standards Officer.
2.
All Building, Plumbing, and Fire Code Inspectors for the Township are hereby appointed as
Property Standards Officers.
3.
The Assistant to the Administrator is hereby appointed as Secretary to the Property
Standards Committee.