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BY-LAW No. 98- 106 ( BU-1)
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BEING A BY-LAW FOR THE PRESCRIBING OF STANDARDS FOR THE
MAINTENANCE AND OCCUPANCY OF PROPERTY WITHIN THE MUNICIPALITY.
RECITALS
WHEREAS Section 15.1 of the Building Code Act, R.S.O. 1990, c.B.13, as
amended, authorizes the passing of a by-law prescribing standards for the
maintenance and occupancy of property within the municipality;
AND WHEREAS the Official Plan for the Town of Georgina incl~des
provisions relating to conditions of maintenance and occupancy of property.
NOW THEREFORE the Council of the Corporation of the Town of Georgina
enacts as follows:
SECTION 1: Interpretation
1 .1
Short Title: This By-law may be cited as the "Property Standards By-law".
1.2
Definitions: In this By-law, unless stated otherwise, certain terms shall be
defined as indicated in the lettered paragraphs of this section. When the
words appear capitalized, the meanings prescribed in this section shall apply.
When the words appear in lower case letters, they should be read as having
their ordinary dictionary meaning.
A)
"APPLIANCES" shall include refrigerators, stoves, clothes washers,
clothes dryers, dishwashers and hot water tanks;
B)
"APPROVED CONTAINER" means a container as defined in Town
of Georgina By-law No. 96-119 (PWO-1).
C)
"BUILDING CODE ACT' means the Building Code Act, S.O. 1992,
as amended;
D)
"COUNCIL" mec!ns the elected Council of the Town of Georgina;
E)
"DWELLING UNIT' means one or more rooms used, or intended for
use
as a single housekeeping unit, which may contain facilities for one or
more of the following elements:
i)
Cooking;
ii)
Eating;
iii)
Sleeping;
iv)
Living; and/or
v)
Sanitary Facilities.
F)
"EXTERIOR COMMON AREAS" includes roads, pathways, parking
areas, garbage storage areas, yards and playground areas.
G)
"EXTERIOR WALL" includes all window components and trim, fascia,
and soffits.
H)
"FIRE CODE" means the Fire Prevention and Protection Act, 1997;
I)
"GUARD" means a barrier, that may or may not have openings through
it to prevent people from accidental falls;
J)
"HABITABLE SPACE" means a room or area used or intended to be
Page -1-
used for living, sleeping, cooking or eating purposes and includes a
washroom;
K)
"INTERIOR COMMON AREAS" includes laundry rooms, garbage
rooms, corridors, boiler rooms, parking garages, storage areas and
recreation rooms;
L)
"LAND LEASE COMMUNITY'' means a residential complex containing
a series of individual DWELLING UNITS which are permanent
structures;
M)
"ORDER" means an order issued pursuant to section 15.2(2) or 15.7(1)
of the BUILDING CODE ACT;
N)
"OWNER" includes any PERSON who acts on behalf of the owner in
the leasing, renting, or maintaining of a PROPERTY.
"OWN",
"OWNS", and "OWNED" shall have corresponding meanings;
0)
"PERSON" includes an individual, a sole proprietorship, a partnership,
an unincorporated association, a trust, a body corporate, and a natural
person. "PERSONS", shall have a corresponding meaning.
P)
"PROPERTY" means property as defined in section 15.1 (1) of the
BUILDING CODE ACT.
Q)
"SEWAGE SYSTEM" means a municipal sanitary sewage system or a
private sewage disposal system and includes a sewage system, and/or
sewage works as defined in the Building Code.
R)
"TOWN" means The Corporation of the Town of Georgina and, where
the context so implies , members of its staff and Council;
S)
"VEHICLE" includes motor vehicles, boats, trailers, recreational
vehicles, off-road vehicles, motorized snow vehicles, farming
implements, road building equipment and/or construction equipment
such as a bulldozer or backhoe.
T)
"WASHROOM" means an area which provides one or more of the
following items:
i)
toilet;
ii)
washbasin;
iii)
bathtub or shower.
1 . 3
Number/Gender: All words and personal pronouns relating to words contained
in this by-law shall be read and constructed with the number and gender of
the PERSON referred to in each case.
1 .4
Headings: The headings of sections, paragraphs, clauses, and/or sentences
in this by-law are inserted for ease of reference only and do not affect the
interpretation of this By-law.
1.5
Severability: In the event that any of the provisions of this By-law are deemed
invalid or void, in whole or in part, by any Court of competent jurisdiction, the
remaining terms and provisions shall remain in full force and effect.
1.6
Schedules: The schedules and/or attachments to this By-law form a integral
part of it.
1. 7
Legislation: Reference to this legislation within this By-law shall be deemed
to include such legislation, as amended, including all successor legislation.
1.8
Scope: This By-law shall apply to all properties, buildings, structures, and
premises located within the geographical boundaries of the Town of
Georgina.
SECTION 2: General Provisions
2.1
Occupancy: No PERSON shall occupy or use a PROPERTY which does not
conform with the standards set out in the schedules of this By-law, attached
Page -2-
hereto.
2.2
Permit Occupancy: No OWNER shall permit the occupancy or use of a
PROPERTY which does not conform with the standards set out in the
schedules of this By-law attached hereto.
2.3
Owners Duty To Conform: Every OWNER of a PROPERTY shall carry out
repairs as required, and take such other remedial action necessary to conform
with the standards contained within schedules of this By-law attached hereto
on a continual basis.
SECTION 3: Orders and Penalties
3.1
Issuance of Order: Every officer who finds that a PROPERTY does not
conform with any of the standards prescribed in Schedules attached hereto,
may make an ORDER pursuant to the provisions of the BUILDING CODE
ACT.
3.2
Appeal of an Order: Where a PERSON is served with an ORDER under
section 15.2(2) of the BUILDING CODE ACT, and wishes to appeal the
contents of the ORDER, they may file an appeal by:
a.
sending a Notice of Appeal to the secretary of the Property Standards
Committee; and
b.
such Notice sent by Registered Mail within 14 days of the ORDER
being served.
3.3
Confirmation of Order: Every ORDER shall be deemed confirmed where an
appeal has not been filed within the prescribed period.
3.4
Compliance with Order: Every PERSON to whom an ORDER is issued shall,
where the ORDER has been confirmed, comply with the requirements and/or
conditions of the ORDER by the prescribed date.
3.5
Failure to Comply with an Order: Failure to comply with the requirements of
an ORDER shall constitute an offence pursuant to section 36 of the Building
Code Act, S.O. 1992, c.23, as amended.
3.6
Completion of Work by the Municipality: Where an OWNER fails to comply
with the conditions of an ORDER within the prescribed time period, the
TOWN and its agent may enter upon the PROPERTY and take the actions
neccesary for compliance with the ORDER
3. 7
Recovery of Costs: All costs incurred by the TOWN under section 3.6 may be
recovered as taxes upon the PROPERTY.
3.8
Certificate of Compliance: Where an OWNER has complied with the
requirements of an ORDER, and requests a Certificate of Compliance, the
investigating officer shall issue a Certificate upon receipt of the prescribed
fee.
3.9
Fee - Issuance of Certificate of Compliance: Every PERSON requesting a
Certificate of Compliance, shall pay the fee prescribed by COUNCIL in
schedule "I" of this by-law. Such fee shall be paid at the time of placing the
request.
SECTION 4: Penalties
4.1
Penalty:
Every PERSON who contravenes any provision of this by-law is
guilty of an offence and upon conviction is liable to a fine in accordance with
Page -3-
section 36 of the Building Code Act, S.O. 1992, c.23, as amended, for each
offence committed.
SECTION 5: Repeals and Coming into Force:
5.1
Repeal of Preceding By-law: By-law No 87-176 (BU-1) of the Town of
Georgina is hereby repealed.
5.2
Coming into Force: This By-law shall come into force upon the date passed
by the Council for the Town of Georgina.
READ a first and second time this l 7thday of August, 1998.
READ a third time and finally passed this 17thday of August, 1998.
Page -4-
Schedule "A" of By-law No. 98-106 C BU-1)
General Standards
1.0
Securement of Unoccupied BUILDINGS: Every OWNER of an unoccupied
building or premises shall take the appropriate measure to secure the
building or premises against unauthorized entry.
1.1
Materials used for Securement: Every OWNER shall ensure that all
materials used in the boarding up, covering, etc. of entry ways and
windows into an unoccupied building or premises are:
a)
affixed in a secure manner
b)
treated with a preservative
c)
color co-ordinated with the building or premises.
1.2
Vacancy longer than 90 days: Where a building or premises remains
vacant for a period longer than 90 days, the OWNER shall ensure that all
utilities other than those required to maintain the safety and security of the
building or premises are disconnected.
2.0
General Maintenance: Every OWNER shall ensure that:
a)
every floor, stair, verandah, porch, deck, balcony and loading dock,
every structure similar to any of them, and any covering, guard or
surface finishing shall be maintained:
i)
in a proper state of repair;
ii)
free of defect or damage, any unsafe, dangerous or unsightly
condition; and
iii)
where applicable, in complete and proper working order at all
times.
b)
every cabinet, cupboard, shelf and counter top is maintained in a
structurally sound condition, free from cracks and deterioration;
c)
interior cladding of wall and ceilings is maintained free from holes,
leaks, deteriorating materials, mold, mildew or other fungi;
d)
a protective finish is to be applied to all repairs made to walls and
ceilings;
e)
all APPLIANCES supplied by the landlord in the instance of a rental
unit shall be maintained in working order in a safe and efficient
operating conditions at all times;
f)
where a locker or storage is supplied as part of a rental
accommodation, the area shall be kept free of dampness and
mildew;
g)
all common areas are to be kept clean;
h)
garbage is removed regularly so as not to cause a risk to the health
or safety of any person;
i)
any chute or container used for the transportation or storage of
garbage is cleaned and disinfected regularly so as not to cause a
risk to the health or safety of any person;
j)
every existing interior door shall be maintained so that it is capable
of performing its intended function and any damage or missing parts
shall be repaired or replaced;
k)
in a mobile home park, trailer park or a LAND LEASE COMMUNITY:
1)
Private roadways within the park or community shall be:
ii)
kept free of holes and obstructions; and
iii)
maintained to control dust.
2)
excavations made for repairs shall be filled in and the
grounds returned to their previous condition;
Page -1- of Schedule A
Schedule "B" of By-law No. 98-106 (BU-1)
Structural Elements
1.0
Basic Structural Integrity - Weight: The structural elements of every
building or structure shall be maintained in a sound condition so as to be
capable of safely sustaining their own weight and any load or force that
may normally be imposed.
1.1
Structural Integrity - Protection from Weather: Every foundation wall,
basement, cellar or crawl space floor, slab at ground level, exterior wall
and roof shall be structurally sound, weather tight and damp- proofed and
shall be maintained so as to reasonably protect against deterioration,
including that due to weather, fungus, dry rot, rodents, vermin or insects.
2.0
Drainage: Storm water run off shall be drained from the grounds of the
premises and any area below exterior grade so as to prevent excessive
ponding, erosion or the entrance of water into a building or structure.
3.0
Roofing - General: Every roof shall be water tight.
3.1
Roofing - Maintenance: The roof and any cornice flashing, fascia, soffit,
coping, gutter, rainwater leader, vents or other roof structure, shall:
a)
be maintained so as to properly perform their intended function; and
b)
be kept clear of obstructions, hazards and dangerous accumulations
of snow and ice.
4.0
Maintenance of Fences and Guards: Retaining walls, GUARDS and fences
in EXTERIOR COMMON AREAS shall be maintained in a structurally
sound condition, free from hazards or defects, with a weather protective
surface finish applied to all exposed components.
Page -1- of Schedule B
Schedule "C" of By-law No. 98-106 CBU-1)
Plumbing and Sewage Systems
1.0
General Maintenance - Plumbing: All plumbing and drainage systems and
appurtenances shall be maintained free from leaks, defects or obstructions
and adequately protected from freezing.
2.0
General Maintenance - Sewage System: Every sewage disposal shall be
maintained in a good state of repair and free of defect.
2.1
Sewage System: In a mobile home park, trailer park or where a
DWELLING UNIT is located within an un-serviced area of the municipality:
a)
Sewage holding tanks parks shall be emptied whenever necessary;
b}
Sewage connections and other components of a sewage system
shall be provided and secured to prevent discharge of sewage
outside of the SEWAGE SYSTEM.
3.0
Water Supply: Every kitchen sink, washbasin, bathtub and shower shall be
provided, by safe equipment, with hot and cold running water.
4.0
Water Pressure: Adequate water pressure, sufficient for normal household
use shall be available for each dwelling unit.
5.0
Mobile Homes: The provisions of section 4.0 of schedule "C" shall apply to
a mobile home park or trailer park.
6.0
Water Temperature - Hot Water: The ordinary temperature of the hot water
provided must be at least 43 degrees Celsius.
7.0
Washroom Construction: Every washroom shall be enclosed and shall
have:
a)
a water resistant floor; and
b}
a door that can be:
i} secured form the inside, and
ii) opened from the outside in an emergency.
c)
any walls and the ceiling around a bathtub or shower shall
be water resistant.
d)
no toilet or urinal shall be located in a room used for or
intended to be used for sleeping or preparing, consuming or
storing food.
Page -1- of Schedule C
Schedule "0" of By-law No. 98-106 ( BU-1)
Electrical
1.0
Electrical Supply: Every OWNER shall provide a supply of electrical power
to all HABITUAL SPACE.
2.0
Maintenance - General: The wiring and receptacles necessary to provide
electrical power shall be maintained in a proper state and free of defect or
damage, and shall comply with the Electrical Safety code under the Power
Corporation Act.
2.1
Maintenance - Independent Community: Electrical supply and connections
in a mobile home park, or trailer park supplied by the OWNER of the park
or shall be maintained in a proper state, free of defect or damage and shall
be sufficiently grounded.
3.0
Appliance Outlets: Every DWELLING UNIT shall have outlets suitable for a
refrigerator and a stove.
Page -1- of Schedule D
Schedule "E" of By-law No. 98-106 ( BU-1)
Heating
1.0
Acceptable Level of Heat: Heat shall be provided and maintained so that
the room temperature at 1. 5 meters above floor level and one more meter
from exterior walls in all HABITUAL SPACES and in any area intended for
heavier use by the occupants, including recreation rooms and laundry
rooms but excluding locker rooms and garages, is at least 20 degrees
Celsius.
1.1
Exemption to Section 1.0: Section 1.0 of schedule "E" does not apply to a
premises in which the occupant can regulate the temperature as long as a
minimum temperature of 20 degrees Celsius can be maintained.
2.0
Heating System - Residential Premises: Every residential premises shall
have permanent heating equipment capable of maintaining the temperature
levels required by subsection 1.0 of schedule "E".
3.0
Portable Heating Eguipment - Prohibition: No HABITUAL SPACE shall be
equipped with portable heating equipment as the permanent primary
source of heat.
4.0
Test Standards: 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.
5.0
Supply of Services: Every OWNER shall ensure that:
a)
fuel is supplied for the heating of HABITUAL SPACE on a
continual basis in adequate quantities;
b)
utilities supplied to HABITUAL SPACE shall be supplied
continuously;
c)
the supply of fuel and utilities may be interrupted for such
reasonable period of time as may be required for the purpose
of repair or replacement.
5.1
Exemption to Section 6.0: Subsections 6.0(a) and/or 6.0(b) of schedule "E"
do not apply to an OWNER if a tenancy agreement makes the tenant
responsible for the supply of fuel or utilities and the supply has been
discontinued because of arrears in payment.
6.0
General Maintenance - Fuel Burning Devices: Heating systems, including
stoves, heating appliances, fireplaces intended for use, chimneys, fans,
pumps, filtration and other equipment provided to supply heat, shall be
maintained in operational order and free of defect or damage.
7.0
Ventilation Reguirement: Every space which contains heating equipment
that burns fuel shall have an unobstructed natural or mechanical means of
supplying the air required for combustion.
8.0
Fuel Storage: If the 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.
Page -1- of Schedule E
Schedule "F" of By-law No. 98-106 ( BU-1)
Lighting and Ventilation
1.0
Interior Lighting: All HABITUAL SPACE shall have artificial lighting to the
level required by the Building Code.
2.0
Lighting Standards: All EXTERIOR COMMON AREAS 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.
2.1
Exemption to Section 2.0: Artificial lighting in INTERIOR COMMON AREAS
that meets the level required by the Building Code is sufficient for the
purpose of Section 2.0 of schedule "F".
2.2
Location of Exterior Common Area Lighting: All artificial lighting located
within, or used to illuminate an EXTERIOR COMMON AREA shall be
mounted or erected in such a manner so as not to illuminate an adjacent
property or public highway.
3.0
Ventilation Reguirement: All HABITUAL SPACE shall have natural or
mechanical means of ventilation in accordance with the Building Code .
4.0
Latch Restriction: Every window and exterior door, including a balcony
door, that is capable of being opened and that is accessible from outside a
dwelling unit or a building containing a dwelling unit, shall be equipped so
that it can be secured from the inside.
5.0
Covering of Exterior Openings: Every existing opening in the exterior
surface of a building designed for a door, window or skylight shall be
equipped with a door, window or skylight capable of performing the
intended function.
6.0
General Maintenance - Openings: Doors, windows, skylights, and all
components thereof will be maintained so that:
a)
they are weather tight; and
b)
any damaged, missing or defective parts are repaired or
replaced.
7.0
General Maintenance - Chimneys, Exhaust Vents, Etc.,: Chimneys, smoke
pipes, flues and gas vents shall be kept clear of obstructions and
maintained so as to prevent the escape of smoke or gases into a building.
8.0
Toxic Fumes: Parking garages shall be maintained so as to prevent:
a)
the accumulation of toxic fumes; or
b)
the escape of toxic fumes into a building.
Page -1- of Schedule F
Schedule "G" of By-law No. 98-106 (BU-1)
Safety and Security
1.0
Unobstructed Exit: Every building containing more than one DWELLING
UNIT shall for every DWELLING UNIT within it shall have a safe,
continuous and unobstructed passage from every part of the interior to a
safe exterior open space at street or ground level.
2. 0
Secondary Exit Requirement: A secondary means of exit shall be
maintained if the _Building Code so requires.
3.0
Alarms: Every building containing a DWELLING UNIT shall, if required by
the Building Code , FIRE CODE or Municipal By-law have the required
number of operable smoke alarms and/or carbon monoxide alarms.
3.1
Provincial Statute Requirement: All alarms required under section 3.0 of
schedule "G" shall be maintained in an operable state, free of defect or
damage, in the locations required by the applicable statute or by-law.
3.2
Installation of Alarms: All alarms required under section 3.0 of schedule "G"
shall be installed with permanent connections to an electrical circuit with no
disconnect switch or shall be battery operated, in accordance with the
provisions of the applicable statute or by-law.
4.0
Fire Fighting Provision - Independent Community: In a mobile home park,
trailer park or a LAND LEASE COMMUNITY, every OWNER shall ensure
that, where equipped all fire hydrants owned by the landlord are:
a)
are tested annually, and maintained in an operable state free
of defect or damage;
b)
kept free from accumulations of snow and ice where access
throughout the property may be gained during the winter
months;
c)
kept free from the accumulation of weeds, brush, debris, or
any other item which may impede access;
d)
have an adequate supply of water and adequate water
pressure will be available for fire fighting efforts.
5.0
Protective Guards: A guard shall be provided and maintained along the
open sides of stairs, ramps, balconies, mezzanines, landings or other
areas where the vertical drop from the open side exceeds 60 centimeters.
6. 0
Elevators: All elevators shall be properly maintained and kept in operation
except for such reasonable time as may be required to repair or replace
them.
7.0
Ground Hazards: Wells and holes in EXTERIOR COMMON AREAS shall
be filled or safely covered or protected.
8.0
Security Doors and Intercom: Where equipped, every internal locking and
release mechanism for a vestibule door, and the DWELLING UNIT to
vestibule communication system shall be maintained free from defect and
in complete and proper working condition.
Page -1- of Schedule G
Schedule "H" of By-law No. 98-106 (BU-1)
Abatement of Nuisances
1.0
Vermin and Rodents: Every premises shall be kept reasonably free of
rodents, vermin and insects at all times.
1.1
Prevention of Vermin and Rodents: Openings and holes in a building that
might permit the entry of rodents, vermin, insects or other pests shall be
screened or sealed as appropriate.
1.2
Extermination of Vermin, Rodents, etc.,: The method used for exterminating
rodents and insects shall be in accordance with applicable municipal or
provincial law.
2.0
Exterior Common Areas - General Maintenance: All EXTERIOR COMMON
AREAS shall be maintained in a condition suitable for their intended use
and free of hazards or damage.
3.0
Exterior Areas - Weeds, Debris and Grafitti: All EXTERIOR COMMON
AREAS shall be free and clear of:
a)
Noxious weeds as defined in the Regulations to the Weed
Control Act, R.S.O. 1990, c.W.5 and dead, decayed or
damaged trees or parts of such trees that create an unsafe
condition;
b)
Rubbish or debris, including abandoned, derelict, unlicensed,
or inoperative VEHICLES;
c)
Structures that create an unsightly or unsafe condition;
d)
Unsafe accumulations of ice and snow;
e)
Abandoned or inoperable APPLIANCES;
f)
Derelict, inoperative, or unused machinery, or components
thereof;
g)
Holes, pits, open wells, or unsecured excavations which may
create an accident hazard; and
h)
Graffiti.
4.0
Securement and Storage of Refuse: All refuse shall, while awaiting pickup
for disposal, be kept in an APPROVED CONTAINER.
5.0
Securement of APPLIANCE: An APPLIANCE that is awaiting removal shall
have all of its doors removed.
6.0
Exterior Surfaces: Driveways, ramps, parking garages, parking areas,
paths, walkways, and outside stairs or landings and any similar areas shall
be maintained:
a)
to provide a safe surface for normal use; and
b)
where applicable, provided with clear, distinguishable
pavement markings.
Page -1- of Schedule H
1tem
Certificate of Compliance
Schedule "I" of By-law No. 98-106 (BU-1)
Page -1- of Schedule I
Fee
$150.00