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unofficial consolidation, the official version is held by the municipal clerk.
Kathy Pearl
[COMPANY NAME] [Company address]
This office consolidation is for ease of reference only. Copies of Original and Amending By-laws
can be obtained by contacting the Clerk's Office at: 705-424-9917
AMENDING BY-LAWS:
2024-20 - April 3, 2024
THE CORPORATION OF THE
TOWNSHIP OF ESSA
PROPERTY STANDARDS BY-LAW 2008-07, as
amended
OFFICE CONSOLIDATION
BY-LAW 2008 - 07 - OFFICE CONSOLIDATION
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THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW 2008 - 07
A By-law to provide for standards of the maintenance
and occupancy of property within the Municipality
(Property Standards); and that By-law 99-18 is hereby
repealed.
WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23,
authorizes the passing of a by-law prescribing standards for maintenance and
occupancy of property; and
WHEREAS the Council of the Corporation of the Township of Essa deems it
necessary and in the public interest to enact a by-law prescribing standards for the
maintenance and occupancy of property within the Township;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of
the Township of Essa, pursuant to Section 15.1-(1) of the Building Code Act, S.O.,
1992, c.23 and amendments thereto, hereby enacts as follows:
PART 1
SECTION 1
TITLE
This By-law may be cited as "The Essa Property Standards By-law".
SECTION 1.1
DEFINITIONS
In this By-law:
"Accessory Building or Structure" means a detached building or structure that is not
used for human habitation; but the use of which is naturally and normally incidental to,
subordinate to, a principal use of building and located on the same lot therewith, and
shall also mean and include a detached private garage or detached carport, and without
limiting the generality of the foregoing, includes swimming pools, change houses,
outhouses, silos, farm storage buildings, barns, private greenhouses, patio shelters,
gazebos, storage sheds, and farm implement sheds.
"Accessory Use" means a use customarily incidental to, subordinate to and exclusively
devoted to a principal use and located on the same lot therewith.
"Approved" means acceptance by the Property Standards Officer.
"Approved Sewage System" means the municipal sanitary system or a private
sewage disposal system approved by the Ministry of Environment or the Chief Building
Official.
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"Building" means any structure having a roof, supported by columns or walls and used
for the shelter or accommodation of persons; animals, goods, or materials. A deck shall
be included within the definition of "building".
"Building Code" means regulations enacted under section 34 of the Building Code Act,
1992 as amended.
"Brush" means the severed portion of limbs or branches of trees and shrubs.
"Bathroom" means a room containing a bathtub or shower with or without a water
closet and basin.
"Cellar" means a storey that is more than 50% below grade, as defined in the Ontario
Building Code.
"Committee" means a Property Standards Committee established under this By-law
pursuant to Section 15.6 of the Building Code Act.
"Corporation" means the Corporation of the Township of Essa.
"Dilapidated" means deteriorated, reduced to, or fallen into partial ruin or decay, as
from age, wear, misuse, or neglect.
"Dwelling" means a building or portion thereof occupied, or capable of being occupied,
a whole or in part for the purpose of human habitation.
"Dwelling Unit" means one room or a group of rooms in a building used or designed or
intended to be used by only one family as a single, independent and separate house
keeping establishment, in which food preparation and sanitary facilities are provided for
the exclusive use of such family, and which has a private entrance from outside the
building or from a common hallway or stairway inside the building. For the purposes of
this By-law a dwelling unit does not mean or include a tent, or a room or suite of rooms
in a hotel, motel, motor hotel or tourist home.
"Fence" means a structure, at grade, erected as a visual barrier or for the purpose of
dividing or separating open space, or for restricting ingress or egress to an open space,
or for the purpose of denoting a property line.
"Fire Resistance Rating" means the time as defined in the Ontario Building Code that
a material construction or assembly will withstand the passage of flame and
transmission of heat when exposed to fire under specified conditions of tests and
performance criteria.
"Guard" means a protective barrier installed around openings in floor areas, open sides
of stairways, landing, balconies, mezzanines, galleries or raised walkways, or other
locations as required to prevent accidental falls from one level to another.
"Habitable Room" means a room in a dwelling used or intended to be used primarily
for human occupancy for the purposes of living, sleeping, cooking or eating, but does
not include a bathroom, toilet room, serving or storage pantry, laundry, maintenance or
service space, or corridor.
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"Maintenance" means the preservation and keeping in good repair of a property and
building.
"Means of Egress" means a continuous path of travel provided by a doorway, hallway,
corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility for the
escape of persons from any point with a building, floor area, room or contained open
space to a public thoroughfare or approved open space.
"Multiple Dwelling" means a building which contains two or more dwellings.
"Multiple Use Building" means a building containing one or more dwelling units and
one or more non-residential uses.
"Major Recreational Equipment" means a portable structure designed and built to be
carried by a motor vehicle, or a unit designed and built to be transported on its own
wheels for the purpose of providing temporary living accommodation and shall include:
motor homes, travel trailers, tent trailers, watercraft, watercraft trailers, or other like
similar equipment.
"Motor Vehicle" means any wheeled vehicle that is self-propelled by an engine such as
a car or truck that does not run on rails.
"Non-habitable Room" means any room in a dwelling or dwelling unit or other than a
habitable room, and including a bathroom, toilet room, laundry, pantry, lobby,
communicating corridor, stairway, closet, boiler room, or other space for service and
maintenance of the dwelling and for access to, and vertical travel between storeys.
"Non-Residential Property" means a building or structure not occupied nor capable of
being occupied in whole or in part for the purpose of human habitation and includes the
lands and premises appurtenant thereto.
"Occupancy" means the use or intended use of a building or part thereof, for the
shelter or enclosure of persons, animals or property.
"Occupant" means any person or persons over the age of 18 years in possession of
the property.
"Officer" means a Property Standards Officer who has been assigned the responsibility
of administrating and enforcing this By-law and related By-laws.
"Owner" includes,
(a) the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other person, or who would so receive
the rent if such land and premises were let, and
(b) a lessee or occupant of the property who, under the terms of a lease, is required
to repair and maintain the property in accordance with the standards for the
maintenance and occupancy of property;
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"Person" includes an individual, corporation, partnership, bridge authority, agent or
trustee, and the heirs, executors, administrators or other legal representatives of a
person to whom the context can apply according to law.
"Potable Water" means water fit for consumption by humans, and fit for normal
household purposes and where potable water is referred to in this By-law, it shall be
available in quantities sufficient for normal household purposes.
"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.
"Repair" includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required to ensure that a property
conforms with the standards established in a by-law passed under this section.
"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 lands and buildings that are appurtenant to such
establishment, and all stairways, walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard and includes vacant residential property.
"Salvage Yard" includes a scrap yard, junk yard and wrecking yard, whether or not an
active business is carried on therein or such yard is used for storage purposes.
"Sewage" means any liquid waste containing animal, vegetable or mineral matter in
suspension or solution that does not include roof drainage or other storm water runoff.
"Sewage System" means a municipal sanitary sewage system or a private sewage
disposal system approved by the Ministry of the Environment or the Municipal offices.
"Standards" means standards or physical condition and of occupancy prescribed for
the property in this by-law.
"Structure" Means anything constructed place or erected, the use of which requires
location on the ground, or attached to something having location on the ground.
"Township" means the Corporation of the Township of Essa.
"Unsafe" when used in respect of a building means:
i
structurally inadequate or faulty for the purposes for which it is used, or
ii
in a condition that could be hazardous to a person in the normal use of the
building.
"Vehicle" means any means in or by which someone or something is carried or
conveyed.
"Yard" means an open, uncovered space on a lot appurtenant to a building and
unoccupied by buildings or structures.
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PART 2 - SCOPE
SECTION 2.1.
GENERAL
2.1.1 This By-law applies to all property in the Township of Essa, unless otherwise
stated.
2.1.2. No person shall use or occupy or permit the use or occupancy of any property
that does not conform to the standards provided in this By-law.
2.1.3 The Owner of any property that does not conform to the standards shall:
i
repair and maintain the property in accordance with the standards; or
ii
remove or demolish and remove the whole or the offending part of any
property that is not in accordance with the standards; or
iii
clear the site of all buildings and structures, debris and refuse, and leave
the property in a graded and leveled condition, and
iv
where applicable, the appropriate building or demolition permits be
obtained prior to work commencing
2.1.4 Any repairs or maintenance undertaken by the Corporation to bring a property
into compliance with this By-law will be subject to a twenty-five (25) percent
surcharge.
2.1.5 All repairs and maintenance of the property shall be carried out with suitable and
sufficient materials in a manner accepted as good workmanship within the trade.
All repairs or new construction shall conform to the Ontario Building Code, and
be completed within a reasonable time frame or a pre-determined date.
2.1.6 Where an officer has placed or caused the placing of a placard containing the
terms of a Notice or an Order upon any premises under the authority of Section
15.2(3) of the Building Code Act, 1992 no person shall remove such placard
except with the consent of the Officer.
2.1.7 Where any provision in this By-law, conflicts with any provision in the Building
Code, the Electrical Safety Code, Fire Code or any other Ontario legislation, the
Building Code, the Electrical Safety Code, and Fire Code, or other Ontario
legislation shall apply.
2.1.8 That Multiple Unit Buildings both Commercial and Residential having more than
2 units shall have annual fire safety inspections conducted by the Municipal Fire
Chief or his designated representative.
2.1.9 That any deficiencies observed by the Fire Safety Inspector shall be corrected
within the deadline given by the inspector and that longer extensions may only be
approved by the Fire Chief.
SECTION 2.2
NORMAL AGRICULTURAL OPERATIONS
2.2.1 Nothing in Part 3 of this By-law shall apply to normal or necessary agricultural
operations carried on agricultural property.
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SECTION 2.3
PERMITS
2.3.1. Nothing in this By-law shall relieve any person from compliance with the most
current Essa Building and Plumbing By-law as amended.
SECTION 2.4
DEFINED AREA OR AREAS
2.4.1 (a) Commercial properties are those properties which are zoned commercial
(b) Properties which are used for commercial purposes where the use is a
legal non-conforming use, or otherwise, shall be deemed to be
commercial property for the purposes of this by-law;
2.4.2 (a) Residential properties are those properties which are zoned residential.
(b) Properties which are used for residential purposes where the use is a
legal non-conforming use, or otherwise, shall be deemed to be
residential property for the purposes of this By-law;
2.4.3 (a) Institutional properties are those properties which are zoned institutional
In the Township (I).
(b) Properties which are used for institutional purposes where the use is a
legal non-conforming use, or otherwise, shall be deemed to be
institutional property for the purposes of this By-law;
2.4.4 (a) Industrial Properties are those properties which are zoned Industrial
(b) Properties which are used for industrial purposes where the use is a legal
non-conforming use, or otherwise, shall be deemed to be industrial for the
purposes of the By-law;
2.4.5 (a) Agricultural properties are those properties which are zoned (A1) and (A2),
in the Township;
(b) Properties which are used for agricultural purposes where the use is a
legal non-conforming use, or otherwise, shall be deemed to be agricultural
property for the purposes of this By-law;
2.4.6 (a) The zoning designations in this By-law refer to the zoning designations in
By-law 2003-50, as amended from time to time or any other subsequent
Zoning By-law which may replace 2003-50.
PART B - PROPERTY STANDARDS
PART 3 - MAINTENANCE STANDARDS
SECTION 3.1
SURFACE CONDITIONS:
3.1.1 Surface conditions of yards shall be maintained so as to:
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(a) prevent instability or erosion of soil;
(b) not exhibit an unsightly appearance;
(c) provide a safe passage under normal use and weather conditions, day
or night;
(d) not to create a nuisance to other properties;
(e) be kept free of garbage and refuse;
(f) be kept free of deep ruts and holes;
(g) prevent ponding at building and storm water from entering building.
SECTION 3.2
SEWAGE AND DRAINAGE:
3.2.1 Sewage or organic waste shall be discharged into an approved sewage system.
3.2.2 Sanitary 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.
3.2.3 Natural soil, topsoil, road gravel or other fill material shall not be permitted to
erode by the action of wind or storm water runoff if such material is being carried
onto adjacent property.
3.2.4 Storm water, including basement sump water and rainwater, shall not be drained
into a sanitary sewer or adversely affect any adjacent property.
3.2.5 No roof drainage, storm water drainage, sump pump discharge, discharge from
swimming pool, or a similar discharge, shall be directed onto a sidewalk, stair or
abutting property. The site shall be graded so that water will not accumulate at
or near any building.
SECTION 3.3
WALKWAYS, DRIVEWAYS AND PARKING AREAS
3.3.1 For all industrial, institutional, commercial, and residential properties, there shall
be surface-treated walk leading from at least one entrance of every building to
the driveway or to the street.
3.3.2 Steps, walks, driveways, parking spaces, and similar areas of a yard shall be
maintained so as to afford safe passage under normal use and weather
conditions, and without limiting the generality of the foregoing, shall be properly
cleared of snow and ice to allow safe passage for persons and vehicles.
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SECTION 3.4
ACCESSORY BUILDINGS
3.4.1 Accessory buildings, retaining walls, signs and other designated structures
appurtenant to the property shall be maintained in a structurally sound condition
and kept in good repair to prevent any hazard to persons or property.
3.4.2 Accessory buildings, retaining walls, signs and other designated structures shall
be protected from deterioration by the application of appropriate weather
resistant materials, including paint or other suitable preservative, and be of
uniform colour unless the aesthetic characteristics of said structure are enhanced
by the lack of such material.
3.4.3 All properties shall be clear, within a six-month period of violation notification, of
all dilapidated accessory buildings, structures or erections. Building Permits and
Lot Grading Plan shall be submitted for removal of dilapidated buildings,
structures or erections. The property shall be left level and in graded condition
according to the Lot Grading Plan.
SECTION 3.5
GARBAGE AND REFUSE DISPOSAL
3.5.1 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, rubbish, refuse and ashes
that may accumulate on the property. Such receptacles shall be constructed of
watertight material, provided with a tight-fitting cover and shall be maintained in a
clean and odour free condition at all times.
3.5.2 Accumulation or storage of garbage, refuse, appliances or furniture in a means of
egress shall not be permitted.
3.5.3 Garbage, rubbish and ashes shall be stored in receptacles and either made
available for pick-up in accordance with Township standards and By-laws or
taken to a Municipal garbage dump.
SECTION 3.6
PEST CONTROL
3.6.1. Dwellings shall be kept as free as practical of rodents, vermin and insects at all
times. Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticide Act. R.S.O. 1990, C.P.11.
3.6.2 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened and sealed.
SECTION 3.7
DUST CONTROL
3.7.1 For all commercial, industrial, and institutional properties that abut on residential
properties, the surfaces of open storage areas, off-street parking areas, loading
areas, and other areas used for vehicular movement, must be treated so as to
prevent the raising of dust or loose particles.
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SECTION 3.8
FIREWOOD STORAGE
3.8.1 All commercial, institutional, industrial or residential properties, shall be kept free
and clear of firewood logs and wood chips, other than firewood logs stored in a
neat and safe condition.
PART C - BUILDING AND RESIDENTIAL OCCUPANCY STANDARDS
SECTION 4 - BUILDING STANDARDS
SECTION 4.1
FOUNDATIONS
4.1.1 The foundation walls, and basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound and where necessary shall be
so maintained by shoring the walls, grouting masonry cracks, damp proofing the
walls or floors, and installing sub-soil drains at footing levels.
4.1.2 Every basement, cellar or crawl space in a building shall be adequately drained.
4.1.3 Every foundation, wall or pier, structural member or material that has been
damaged or indicate evidence of deterioration shall be repaired or replaced in
accordance with the Ontario Building Code.
SECTION 4.2
BUILDING AND STRUCTURES
4.2.1 Every part of a building shall be maintained in a structurally sound condition so
as to be capable of sustaining safely its own weight and any additional weight
that may be put on it through normal use. Materials which have been damaged
or show evidence of rot or other deterioration shall be repaired or replaced.
4.2.2 All exterior walls, roof, porch, chimney or appurtenance of a building shall be of
materials which provide adequate protection from the weather and shall be
maintained in a manner so as to prevent collapse of same or injury to the
occupants of the dwelling, or to the public.
4.2.3 Exterior walls of a building or structure, and their components, including soffits,
fascia, roofs, windows and doors, shall be maintained in good repair, free from
cracked, broken or loose masonry units, stucco and other defective cladding or
trim. Paint or some other suitable preservative or coating must be applied and
maintained so as to prevent the entry of water into the building envelope and
deterioration due to weather conditions, insects or other damage.
4.2.4 Exterior walls of a building or structure and their components shall be kept free of
painted slogans, graffiti and similar defacements.
4.2.5 All properties shall be clear, within a six-month period of violation notification, of
all dilapidated buildings, structures or erections. Building Permits and Lot
Granding Plan shall be submitted for removal of all dilapidated buildings,
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structures or erections. The property shall be left level and in graded condition
according to the Lot Grading Plan.
SECTION 4.3
DOORS AND WINDOWS
4.3.1 Windows, doors, skylights and basement or cellar hatchways, shall be
maintained in good repair, be weather tight and draught-free, to prevent heat loss
and infiltration by the elements. Maintenance includes painting, replacing
damaged doors, frames and other components, widow frames, sashes and
casings, replacement of non-serviceable hardware and re-glazing where
necessary. Where screening is provided on windows and doors, it shall also be
maintained in good repair. Windows shall be free of cracks and breaks.
4.3.2 All windows intended to be opened and all exterior doors shall have hardware so
as to be capable of being locked or otherwise secured from inside a dwelling unit.
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.
4.3.3 Where fire resistant doors exist in dwelling units, they shall be maintained in a
condition which maintains the fire resistance rating for which the door was
originally designed.
4.3.4 In a dwelling unit all windows intended to be opened and all exterior doors shall
have hardware so as to be capable of being locked or otherwise secured.
Vertical sliding windows shall incorporate latching or automatic engaging devices
to restrict when engaged the opening of the operable sash to a 4 inch (100 mm)
opening space between the bottom sash rail and the sill. Horizontal sliding
windows shall incorporate latching or automatic engaging devices to restrict
when engaged the opening of the operable sash to a 4 inch (100 mm) open
spacing between the sash style and jam. Vertical sliding windows shall be
provided with two latching devices, one of each sash style. Horizontal sliding
windows shall be provided with a single latching device positioned on the top
sash rail. The main frame members shall be designed to receive screens of a
type intended for use with the window.
SECTION 4.4
STAIRS, STEPS AND PORCHES
4.4.1 Inside or outside stairs, steps, porches, balconies, decks and landings shall be
maintained so as to be free of holes, cracks or other defects which may
constitute possible accident hazards. Existing stair treads, steps, handrails or
risers that show excessive wear or are broken, warped or loose, and any
supporting structural members that are rotted or deteriorated shall be repaired or
replaced.
4.4.2 Exterior steps, decks, walks and driveways shall be maintained so as to afford
safe passage under normal use and weather conditions.
4.4.3 Guard protection shall be installed and maintained in good repair on the open
side of any stairway or ramp containing three (3) or more risers, including the
landing, or a height of 24 inches (600). A handrail shall be installed and
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maintained in good repair in all stairwells. Guardrails shall be installed and
maintained in good repair around all landings, porches and balconies. Guard
protection and handrails shall be constructed in accordance with the Ontario
Building Code, and maintained rigid in nature.
SECTION 4.5
EGRESS
4.5.1 Every building shall have a separate access so as to provide a safe, continuous
and unobstructed exit from the interior of the building to the exterior at street or
grade level.
4.5.2 The means of egress and fire warning devices in all buildings shall be maintained
in accordance with O.Reg.388/997.
SECTION 4.6
WALLS, FLOORS AND CEILINGS
4.6.1 Every wall, floor, and ceiling finish shall be maintained so as to be free of defects
which would permit flame or excessive heat to enter any concealed space.
4.6.2 Where fire resistant walls, floors or ceilings exist between separate dwelling
units, they shall be maintained in a condition which maintains the fire resistant
rating for which the wall was originally designed.
4.6.3 Where floor boards have been covered with linoleum or some other covering
which has become worn or torn so that it retains dirt or might cause an accident,
the linoleum or other covering shall be repaired or replaced.
4.6.4 Where wall studs or ceiling joist are covered with drywall or some other covering
which has become worn or damaged so that it may cause an accident, the
covering shall be repaired or replaced.
4.6.5 Every bathroom, toilet room and shower room shall have a floor of water
repellent construction with a water resistant base molding.
SECTION 4.7
INSULATION
4.7.1 Thermal insulation and air/vapour barriers of buildings to minimize heat losses
shall be installed or maintained to prevent the condensation of water on interior
walls, ceiling or floors.
SECTION 5 - RESIDENTIAL OCCUPANCY STANDARDS
SECTION 5.1
GENERAL CONDITIONS
5.1.1 Every tenant, or occupant or lessee 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.
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5.1.2 Accumulation or storage of garbage, refuse, appliances or furniture in public
hallways or stairways shall not be permitted.
SECTION 5.2
MAINTENANCE
5.2.1 Every floor, wall, ceiling, fixture and appliance in a dwelling shall be kept free
from rubbish, debris or conditions which constitute a fire, accident or health
hazard.
SECTION 5.3
WATER SUPPLY
5.3.1 Every dwelling unit shall be provided with a safe and adequate supply of running
water and potable water from a source approved by the appropriate authority. If
the piped supply is not potable all fixtures must be labeled to indicate such and
an adequate supply of potable water must be maintained within each dwelling.
5.3.2 All appropriate plumbing fixtures shall be provided with an adequate supply of
hot and cold running water.
SECTION 5.4
PLUMBING
5.4.1 All plumbing, drain pipes and plumbing fixtures in every dwelling and every
connecting line to the sewage system or water system shall be maintained in
good working order and free from leaks and defects and all water pipes and
appurtenances thereto shall be protected from freezing. Water back flow
preventors are required at each exterior hose bib.
5.4.2 All plumbing fixtures shall be connected to the building drain through water seal
traps.
SECTION 5.5
TOILET, KITCHEN AND BATHROOM FACILITIES
5.5.1 Every self-contained dwelling unit shall be provided with at least one kitchen
sink, water closet, washbasin and bathtub or shower and an approved means of
sewage disposal.
5.5.2 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 a supply of hot and cold
running water. Every water closet shall have a suitable supply of running water.
5.5.3 Where a toilet, kitchen or bathroom is shared by the occupants of a residential
accommodation other than self-contained dwelling units, an entrance shall be
provided from common passageway, hallways, corridor or other common space.
SECTION 5.6
BATHROOMS AND TOILET ROOMS
5.6.1 All bathrooms and toilet rooms shall be fully enclosed and with a door capable of
being closed so as to provide privacy for the occupant.
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5.6.2 A wash basin shall be located in the same room as the water closet, and where
this is not possible; a wash basin shall be located in a room conveniently
adjacent to the room containing the water closet.
SECTION 5.7
KITCHENS
5.7.1 Every dwelling shall contain a kitchen area equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
(b) a suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 0.61 metres (2 feet) in width by 1.22 metres
(4 feet) in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable; and
(d) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
SECTION 5.8
HEATING SYSTEMS
5.8.1 Every dwelling shall be provided with suitable heating facilities capable of
maintaining a minimum indoor temperature of 20 degrees Celsius at 5 feet (1.5
metres) above floor level and 3 feet from exterior walls in all habitable rooms,
bathrooms and toilet rooms. This temperature of 20 degrees Celsius is to be
maintained from September 1, to June 15.
5.8.2 The required heating system shall be maintained in good working condition so as
to be capable of heating the dwelling safely to the required standard at any time.
5.8.3 No room heater shall be placed so as to cause a fire hazard to walls, curtains
and furniture, nor to impede the free movement of persons within the room where
the heater is located.
5.8.4 Where buildings containing two or more dwelling units, fuel fired heating
appliances shall be located, enclosed or separated from the remainder of the
building in conformance with the Ontario Building Code and/or Ontario Fire Code.
SECTION 5.9
CHIMNEYS
5.9.1 Any heating apparatus or equipment used in the process of burning fuel or
combustible material shall be properly vented to the outside air by means of a
smoke-pipe, vent-pipe or similar adequate chimney, as provided in the
manufacturer's installation instructions and in accordance with the Ontario
Building Code.
5.9.2 All gaseous and liquid fuel burning appliances and equipment shall be installed
and maintained to comply with the Ontario Energy Act, R.S.O., 1998, S.O. 1998,
c.15 and the regulations made there under, or other applicable legislation.
5.9.3 Every chimney, smoke pipe and flue shall be maintained so as to prevent gases
from leaking into the dwelling. Abandoned flues and chimneys shall be either
removed or maintained in a safe condition, including being adequately capped.
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5.9.4 All flues shall be kept clear of obstructions. All open joints shall be sealed and all
broken and loose masonry shall be repaired.
SECTION 5.10
FIRE
ALARMS,
CARBON
MONOXIDE
DETECTORS
AND SMOKE ALARMS
5.10.1 Every dwelling unit shall be equipped with smoke alarms located between the
bedrooms and the remainder of the dwelling unit, or as specified in the Ontario
Building Code.
5.10.2 A carbon monoxide detector shall be installed and maintained in all dwellings
that are equipped with a fuel fired appliance or a "built - in" garage located in
accordance with the Ontario Building Code.
SECTION 5.11
ELECTRICAL SERVICES
5.11.1 Where available, an electrical service complying with the requirements of the
electricity service provider shall be provided for all residential accommodation.
5.11.2 The electrical wiring and all electrical fixtures, switches receptacles and
appliances located or used in dwellings, dwelling units shall be installed and
maintained in good working order so as not to cause fire or electrical shock
hazards. All electrical services shall conform to the regulations established in the
Canadian Electrical Code.
5.11.3 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, an additional duplex shall be
provided.
5.11.4 Extension cords shall not be used on a permanent basis.
SECTION 5.12
LIGHT
5.12.1 Lighting fixtures and appliances installed throughout a dwelling unit, including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
5.12.2 The owner shall insure that all public halls, stairs and outside entrances in
multiple dwellings shall be adequately lighted.
SECTION 5.13
VENTILATION
5.13.1 Every habitable room and basement shall have an opening or openings for
natural ventilation and such openings shall have a minimum aggregate
unobstructed free flow as required by the Ontario Building Code.
5.13.2 An opening for natural ventilation may be omitted if mechanical ventilation is
provided, which changed the air once each hour.
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5.13.3 All systems of mechanical ventilation or air conditioning shall be maintained in
good working order.
5.13.4 Unheated crawl spaces shall be adequately vented to the outside air.
PART D - ADMINISTRATION AND ENFORCEMENT
SECTION 6 - ENFORCEMENT
SECTION 6.1
PROPERTY STANDARDS OFFICER
6.1.1 Each Building Official of the Corporation is hereby designated as a Property
Standards Officer.
SECTION 6.2
PROPERTY STANDARDS COMMITTEE
6.2.1 A committee, of at least three persons, to be known as the Property Standards
Committee of the Township of Essa is established.
6.2.2 The Property Standards Committee of the Township of Essa shall consist of
members of the Committee of Adjustment. The members of the Committee shall
serve for the term of Council.
SECTION 6.3
CERTIFICATE OF COMPLIANCE
6.3.1 Upon the issuance of a Certificate of Compliance at the request of an owner, a
fee is payable in the amount of $200.00.
SECTION 6.4
CONFLICTS WITH OTHER BY-LAWS
6.4.1 Wherever a standard established by this By-law is different from a standard in
relation to the same matter established by any other By-law in force in the
Township of Essa, the standard which provides the higher degree of protection
for the health, safety and welfare of the occupants and of the general public shall
prevail.
SECTION 6.5
PENALTIES
6.5.1 Except as hereinafter provided, every person who contravenes any of the
provisions of this By-law is guilty of an offence and liable to the penalties set out
in the Building Code Act, 1992.
SECTION 6.6
TRANSITION PROVISION
6.6.1 After the day of passage of this By-law, By-law 99-18 applies only to properties in
respect of which an Order has been given under said by-law, prior to the date of
passing of this By-law and only to such properties until such time as the work
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required by such Order has been completed or enforcement proceedings in
respect to such Order, including demolition or repair by the Corporation have
been concluded.
SECTION 6.7
REPEAL BY-LAW
6.7.1 As of the passing of this by-law, By law 99-18 is hereby repealed.
SECTION 6.8
EFFECTIVE DATE
This By-law comes into force and effect on the date of passing.
SECTION 6.9
NOTWITHSTANDING
It is hereby declared that, notwithstanding any section, subsection, clause, paragraph or
provision of this By-law or parts thereof which may be declared by a court of competent
jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to
enact, such section or sections or parts thereof shall be deemed to be severable, and
that all other sections or parts of this By-law are separate and independent and enacted
as a whole. Same shall not affect the validity or enforceability of any other provision of
this By-law or the By-law as a whole.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND
FINALLY PASSED on this the Twenty Third day of January, 2008.
Original Signed by Mayor Guergis
__________________________________
David Guergis, Mayor
Original Signed by Carol Trainor
__________________________________
Carol O. Trainor, Clerk / Deputy Treasurer