Property Standards By-Law No. 63 of 1999 (Consolidated)
Goderich, Ontario
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THE CORPORATION OF THE TOWN OF GODERICH
BY-LAW # 63 OF 1999
A By-Law to prescribe minimum standards for the maintenance and occupancy of property
and to repeal By-Law #57 of 1982.
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 the Official Plan for the Town of Goderich includes
provisions relating to property conditions;
AND WHEREAS the Council of the Town of Goderich 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;
AND WHEREAS By-Law #57 of 1982 being a by-law to prescribe minimum
standards for maintenance and occupancy of property was passed on the 13th day of
September 1982;
AND WHEREAS the Council of the Town of Goderich now wishes to repeal
By-Law #57 of 1982;
NOW THEREFORE THE COUNCIL OF THE TOWN OF GODERICH
HEREBY ENACTS THE FOLLOWING:
TOWN OF GODERICH
PROPERTY MAINTENANCE
AND
OCCUPANCY STANDARDS
BY-LAW # 63 OF 1999
TABLE OF CONTENTS
Part I
Definitions
1
Part II
General Standards for all Property
3
2.02 Yards
3
2.03 Surface conditions
4
2.04 Sewage and Drainage
4
2.07 Parking Areas, Walks and Driveways
4
2.09 Accessory Buildings, Fences and other Structures
4
2.11 Garbage Disposal
5
2.14 Compost Heaps
5
2.16 Site Triangles
5
Part III
Residential Standards
6
3.01 General Conditions
6
3.04 Pest Prevention
6
3.06 Structural Soundness
6
3.08 Foundations
6
3.09 Exterior Walls
6
3.11 Windows and Doors
7
3.16 Roofs
7
3.19 Walls, Ceilings and Floors
7
3.22 Stairs, Porches and Balconies
8
3.23 Guardrails
8
3.24 Kitchens
8
3.25 Toilet & Bathroom Facilities
8
3.28 Plumbing
8
3.33 Electrical Service
9
3.38 Heating, Heating Systems Chimneys and Vents
9
3.45 Fire Escapes Alarms and Detectors
10
3.48 Egress
10
3.50 Natural Light
10
3.51 Ventilation
11
3.54 Elevating Devices
11
3.55 Disconnected Utilities
11
3.56 Occupancy Standards
11
Part IV
Vacant Lands and Buildings
12
4.02 Vacant Lands
12
4.04 Vacant Buildings
12
Part V
Non-Residential Property Standards
12
5.02 Yards
12
5.04 Structural Soundness
12
5.06 Exterior Walls
13
5.08 Guardrails
13
5.09 Lighting
13
5.10 Waste Disposal Containers
13
Part VI
Administration and Enforcement
14
6.03 Officers
14
6.04 Property Standards Committee
14
6.05 Compliance
14
6.06 Validity
14
6.08 Transitional Rules
14
6.09 Title
14
6.10 Repeal
14
APPENDIX A FORMS (Does not form part of the By-Law)
Informal Notice
Order to Remedy Violation... (After an Informal Notice)
Statement of Emergency Measures taken
Notice of Appeal to Property Standards Committee
Decision of Property Standards Committee
Notice of Hearing of Appeal
Certificate of Compliance with Standards for Maintenance & Occupancy
Discharge of Order to Remedy Non-Conformity
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PROPERTY STANDARDS BY-LAW
PART I
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 "Approved" means acceptance by the Property Standards Officer.
1.4 "Approved Cover" means a tight-fitting cover which is specifically designed or
manufactured as a motor vehicle cover and is capable of remaining in place
under inclement weather conditions.
1.5 "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.
1.6 "Boat" means any watercraft
1.7 "Building" means a structure used for or intended for supporting or sheltering any
use or occupancy.
1.8 "Building Materials" means any material which is used for construction purposes,
including but not limited to, any naturally occurring substances, such as clay,
rocks, sand, and wood, even twigs and leaves, have been used to construct
buildings.
1.9 "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.
1.10 "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.
1.11 "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.
1.12 "First Storey" means that part of a building having a floor area closest to grade with
a ceiling height of more than 1.8 metres (6ft.) above grade.
1.13 "Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level
to another. Such barriers may or may not have openings through them
1.14 "Habitable Room" means any room in a dwelling unit used for or capable of being
used for living, cooking, sleeping or eating purposes.
1.15 "Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or
other exit facility used for the escape of persons from any point within a building,
a floor area, a room, or a contained open space to a public thoroughfare or an
approved area of refuge usually located outside the building.
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1.16 "Motor Home" means a self-propelled vehicle designed for temporary living,
sleeping and eating accommodation of persons and includes a camper pick-up and
camper van.
1.17 "Motor Vehicle" means automobile, truck, motorcycle or motorized snow vehicle,
but does not include the cars of electric or steam railways, or other vehicles
running only on rails, or a traction engine, farm tractor, self-propelled farm
machinery or road building machinery.
1.18 "Multiple Dwelling" means a building containing three or more dwelling units.
1.19 "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.
1.20 "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.
1.21 "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 where 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 maintenance and occupancy of the property.
1.22 "Person" means an individual, firm, corporation, association or partnership
1.23 "Property" means a building or structure or part of a building or structure and
includes the lands and premises belonging thereto and all mobile structure,
outbuildings, fences and erections thereon, whether heretofore or hereafter
erected and includes vacant property.
1.24 "Repair" means the provision of such facilities and the making of additions or
alterations or taking of such action as in restoring, renovating, mending as may
be required so that the property shall conform to standards established in this
by-law.
1.25 "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.
1.26 "Site Triangle" means an unobstructed area to be determined by measuring from the
point of intersection of street lines on a corner lot, the distance required by By-Law
along each such street line and joining such points with a straight line and the
triangular-shaped land between the intersecting street lines and the straight line
joining the points. The area made up of the three points determines the site triangle.
1.27 "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this by-law.
1.28 "Toilet Room" means a room containing a water closet and a wash basin.
1.29 "Trailer" means a non-automotive vehicle designed to be hauled by road.
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1.30 "Travel Trailer" means a structure or vehicle designed, intended and used
exclusively for the temporary or seasonal living, sleeping or eating
accommodation of persons therein, during travel, recreation and vacation
and which is either capable of being drawn by a passenger vehicle or is self-
propelled and shall include tent trailers, vans, motor homes and similar
transportable accommodation excepting a mobile home.
1.31 "Yard" means the land other than publicly owned land around or appurtenant to the
whole or any part of a residential or non-residential property and used or capable
of being used in connection with the property.
PART II
GENERAL STANDARDS FOR ALL PROPERTY
2.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code, Ontario Fire Code and the Fire Prevention and Protection Act
where applicable.
YARDS
2.02 Every yard, including vacant lots shall be kept clean and free from:
a)
rubbish or debris or building materials that have not been used for a period
of 90 days and objects or conditions that may create a health, fire, or
accident hazard;
b)
wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers
or boats unless it is necessary for the operation of a business enterprise
lawfully situated on the property;
c)
long grass, brush, undergrowth and noxious weeds as defined by the Weed
Control Act; specifically, grass and weeds shall not exceed 20.32 cm (8
inches) for residential and commercial properties; and 30.48 cm (12
inches) for industrial properties
d)
dilapidated, collapsed or partially constructed structures which are not
currently under construction;
e)
injurious insects, termites, rodents, vermin or other pests; and
f)
The owner or occupant of any lot, building or structure in any R1, R2 or
R3 zone may store or park not more than two, in total, of the following:
a personal travel trailer;
a motor home;
a snowmobile or boat with accessory trailer; or
similar motorized vehicle with accessory trailer such as but not
limited to an all-terrain vehicle, provided that the length of such
travel trailer, snowmobile or boat and its accessory trailer does not
exceed 9 metres in length (i.e. the length between the rearmost
section of the recreational vehicle or associated trailer, including
the bumper to the foremost section of the recreational vehicle or
associated trailer, including the hitch).
Parking and storage of personal travel trailers, motor homes, snowmobiles, boats
or all-terrain vehicles with an accessory trailer shall only be permitted in a carport
or garage, or in a portion of the driveway that is located within the interior side
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yard or rear yard not closer than 1.5 m to any lot line;
Motor vehicles, travel trailers, snowmobiles, boats and trailers lacking current
valid license plates shall be parked or stored only within a private garage or other
building, except that this provision shall not apply to a permitted automobile or
vehicle sales or rental establishment. The limitations imposed therein shall not
restrict the number of travel trailers, snowmobiles, boats and accessory trailers
that are fully enclosed within a building;
No person shall, in any zone, use any travel trailer, motor home, or truck camper
for the purpose of primary residential, permanent living, or eating
accommodation, except for temporary living or eating accommodation in a
recreational commercial zone.
SURFACE CONDITIONS
2.03 Surface conditions of yards shall be maintained so as to:
a)
prevent ponding of storm water;
b)
prevent instability or erosion of soil;
c)
prevent surface water run-off from entering basements;
d)
not exhibit an unsightly appearance;
e)
be kept free of garbage and refuse;
f)
be kept free of deep ruts and holes;
g)
provide for safe passage under normal use and weather conditions, day or
night; and
h)
not to create a nuisance to other property.
SEWAGE AND DRAINAGE
2.04 Sanitary sewage shall be discharged into the sewage system.
2.05 Sanitary sewage shall not be discharged onto the surface of the ground, whether
into a natural or artificial surface drainage system or otherwise
2.06 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.
PARKING AREAS, WALKS AND DRIVEWAYS
2.07 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter and be kept dust free
2.08
Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
2.09
Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition and in good repair.
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2.10 Accessory buildings, fences and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other suitable preservative and shall be of uniform colour
unless the aesthetic characteristics of said structure are enhanced by the lack of
such material.
GARBAGE DISPOSAL
2.11
Every building, dwelling and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate of the property between the regularly designated collection days.
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.
2.12 All garbage, refuse, and ashes shall be promptly placed in a suitable container and
made available for removal in accordance with the municipal garbage collection
by-law where applicable.
2.13 Garbage storage areas shall be screened from public view.
COMPOST HEAPS
2.14 In the event the occupant of residential property wishes to compost they
shall meet the following requirements.
(1) The occupant of a residential property shall provide for a maximum of
(3) three commercial plastic enclosed containers designed for composting;
O r
(2) 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, or a metal frame
building with a concrete floor.
2.15 The occupant of a residential property shall:
(1) Ensure that the composting heap or the composting containers are maintained
in such a manner that they do not create a nuisance by:
(a) Creating offensive odours; or
(b) Attracting pests or vermin.
(2) Not place or allow to be placed animal feces, animal parts or animal meat on a
composting
heap or in a composting container.
(3) Not allow any composting heap on the premises within ten (10) metres of an
adjacent property line, measured from the nearest part of the composting heap
to the nearest part of the adjacent property line.
SIGHT TRIANGLES
2.16
On a corner lot within the triangular space formed by the street lines and a line
drawn from a point in one street line to a point in the other street line, each such
point being 9 metres measured along the street line from the point of intersection
of the street lines, no obstruction, including but not limited to, buildings,
structures, plantings, parked vehicles, piles of sand, gravel or snow which would
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obstruct the driver's vision operating a motor vehicle shall be placed within the
site triangle, with the exception of the core area Commercial (C4) Zone and
Mixed Use Core Area Commercial (C5) Zone.
PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS
3.01
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.
3.02 Every tenant, or occupant or lessee 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.
3.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means
of egress shall not be permitted.
PEST PREVENTION
3.04 Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act.
3.05 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
3.06 Every part of a dwelling shall be maintained in a structurally sound condition so
as to be capable of safely sustaining its own weight load and any additional load to
which it may be subjected through normal use, having a level of safety as required
by the Ontario Building Code.
3.07 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
FOUNDATIONS
3.08 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes the shoring of the
walls to prevent settling, installing sub soil drains, where necessary, at the
footings, grouting masonry cracks, damp-proofing and waterproofing walls, joints,
and floors.
EXTERIOR WALLS
3.09 Exterior walls of a dwelling and their components, including soffit, fascia, 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
deterioration due to weather conditions, insects or other damage.
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3.10
Exterior walls of a dwelling and their components shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.11 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in
good repair, weather tight and reasonably draught-free, to prevent heat loss and
infiltration by the elements. Maintenance includes painting, replacing damaged
doors, frames and other components, window 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.
3.12 In a dwelling unit, all windows that are intended to be opened and all exterior doors
shall have suitable hardware so as to allow locking or otherwise securing from
inside the 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.
3.13 Solid core doors shall be provided for all entrances to dwellings and dwelling
units.
3.14 In residential buildings where there is a voice communication unit working in
conjunction with a security locking and release system controlling a particular
entrance door and installed between individual dwelling units and a secured entrance
are, the said system shall be maintained in good working order at all times.
3.15 Every window in a leased dwelling unit that is located above the first storey of a
multiple dwelling shall be equipped with an approved safety device that would
prevent any part of the window from opening greater than would permit the
passage of a 100 mm diameter (3.9 inches) sphere. Such safety device shall not
prevent the window from being fully opened during an emergency situation by an
adult without the use of tools.
ROOFS
3.16 Roofs of dwellings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials.
3.17 The roofs of dwellings and accessory buildings shall be kept clear of accumulations
of ice or snow or both where it presents a danger.
3.18 Where eaves troughs, roof gutters, are provided they shall be kept in good repair,
free from obstructions and properly secured to the building.
WALLS, CEILINGS AND FLOORS
3.19 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
3.20 Every floor in a dwelling shall be reasonably smooth and level and maintained so as
to be free of all loose, warped, protruding, broken, or rotted boards or other
material that might cause an accident or allow the entrance of rodents and other
vermin or insects.
3.21 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room
shall be maintained so as to be impervious to water and readily cleaned.
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STAIRS, PORCHES AND BALCONIES
3.22 Inside and outside stairs, porches, balconies and landings shall be maintained so as
to be free of holes, cracks and other defects, which may constitute accident
hazards. Existing stair treads 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.
GUARDRAILS
3.23 A guard 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 600 mm (24") between adjacent levels. A handrail shall be installed and
maintained good repair in all stairwells. Guardrails shall be installed and
maintained good repair around all landings, porches, balconies. Guardrails,
balustrades and handrails shall be constructed and maintained rigid in nature.
KITCHENS
3.24 Every dwelling shall contain a kitchen area equipped with:
a)
a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
b)
suitable storage area of not less than 0.23 cubic metres (8cubic feet);
c)
a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft)
in length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleaned; and
d)
a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.25
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.
3.26 Every required bathroom or toilet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door capable of being locked so
as to allow privacy for the persons using said room.
3.27
Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate entrance
shall be provided from a common passageway, hallway, corridor or other common
space to the room or rooms containing the said facilities.
PLUMBING
3.28 Each washbasin, a bathtub or shower, and one kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 43 degrees Celsius (110 F).
3.29 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
3.30
All plumbing, including drains, water supply pipes, water closets and other
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plumbing fixtures shall be maintained in good working condition, free of leaks
and defects and all water pipes and appurtenances thereto shall be protected from
freezing.
3.31 All plumbing fixtures shall be connected to a sewage system through water seal
traps.
3.32 Every fixture shall be of such materials, construction and design as will ensure that
the exposed surface of all parts are hard, smooth, impervious to hot and cold
water, readily accessible for cleansing and free from blemishes, cracks, stains, or
other defect that may harbour germs or impede thorough cleansing.
ELECTRICAL SERVICE
3.33
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.34 The electrical wiring, fixtures, switches, receptacles, and appliances located or used
in dwellings, dwelling units and accessory buildings 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 by the
Power Corporations Act, as amended.
3.35 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.
3.36 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.
3.37
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.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.38 Every dwelling and building containing a residential dwelling unit or units shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 21 degrees Celsius (70F) in the occupied dwelling units. The
heating system shall be maintained in good working condition so as to be capable of
safely heating the individual dwelling unit to the required standard.
3.39
All fuel burning appliances, equipment, and accessories in a dwelling shall be
installed and maintained to the standards provided by the Energy Act, as amended or
other applicable legislation.
3.40 Where a heating system or part thereof that requires solid or liquid fuel to operate,
a place or receptacle for such fuel shall be provided and maintained in a safe
condition and in a convenient location so as to be free from fire or accident
hazard.
3.41 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.
3.42
All fuel burning appliances, equipment and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
3.43 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
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repair so as to prevent the escape of smoke, fumes or gases from entering a
dwelling unit. Maintenance includes the removal of all obstructions, sealing open
joints, and the repair of loose or broken masonry units.
3.44 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or
structural members to unsafe temperatures.
FIRE ESCAPES ALARMS AND DETECTORS
3.45 A listed fire alarm and a fire detection system. Approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, shall be provided by the
owners of buildings of residential occupancies where sleeping accommodations
are provided for more than ten (10) persons, except that such systems need not be
provided where a public corridor or exit serves not more than four (4) dwelling
units or individual leased sleeping rooms.
3.46 In addition to the provisions of Article 3.45 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards Association
or Underwriters Laboratories of Canada, or detectors of the single station alarm
type, audible within bedrooms when intervening doors are closed, shall be
installed by the occupant between bedrooms or the sleeping area and the
remainder of the dwelling unit, such as in a hallway or corridor serving such
bedrooms or sleeping area. The products of combustion detector referred shall
be:
a)
equipped with visual or audio indication that they are in operating
condition;
b)
mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
3.47 Buildings using a fire escape as a secondary means of egress shall have the escape in
good condition, free from obstructions and easily reached through an open able
window or door.
EGRESS
3.48
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.
3.49 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 1067 by 559 mm (42 X 22 inches), with a
sill height of not more than 914 mm (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.
NATURAL LIGHT
3.50 Every habitable room except a kitchen, bathroom or toilet room shall have a window
or windows, skylights or translucent panels facing directly or indirectly to an
outside space and admits as much natural light equal to not less than ten percent of
the floor area for living and dining rooms and five percent of the floor area for
bedrooms and other finished rooms.
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VENTILATION
3.51
Every habitable room in a dwelling unit, including kitchens, bathroom or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of
air of at least 0.28 square metres (3 sq ft) or an approved system of mechanical
ventilation such that provide hourly air exchanges.
3.52 All systems of mechanical ventilation shall be maintained in good working
order.All enclosed areas including basements, cellars, crawl spaces and attics or
roof spaces shall be adequately ventilated.
3.53 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces
shall be adequately ventilated.
ELEVATING DEVICES
3.54
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.
DISCONNECTED UTILITIES
3.55 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.
OCCUPANCY STANDARDS
3.56 The number of occupants residing on a permanent basis in an 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.
3.57 No room shall be used for sleeping purposes unless it has a minimum width of two
metres (6.6 ft.) and a floor area of at least seven square metres (75 sq ft). A room
used for sleeping purposes by two or more persons shall have a floor area of at
least four square metres (43 sq ft) per person.
3.58
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
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.
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PART IV
VACANT LANDS AND BUILDINGS
4.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable. All vacant lands and buildings shall comply with
this part as well as other applicable parts of this by-law.
VACANT LANDS
4.02 Vacant land shall be maintained to the standards as described in Part II, Article 2.02,
of this by-law.
4.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
4.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
4.05
The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet
plywood securely fastened to the building and painted a colour compatible with
the surrounding walls.
PART V
NON-RESIDENTIAL PROPERTY STANDARDS
5.01
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable.
YARDS
5.02
The yards of non-residential property shall be maintained to the standards as
described in Part II, Article 2.02 of this by-law.
5.03 The warehousing or storage of material or operative equipment that is required for
the continuing operation of the industrial or commercial aspect of the property
shall be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition and shall provide non-obstructive access
for emergency vehicles. Where conditions are such that a neat and orderly fashion
is achieved but is still offensive to view, the offensive area shall be suitable
enclosed by a solid wall or a painted board or metal fence not less that 1.8 metres (6
ft) in height and maintained in good repair.
STRUCTURAL SOUNDNESS
5.04 Every part of a building structure shall be maintained in a sound condition so as to be
capable of safely sustaining its own weight load and any additional load to which it
may be subjected through normal use, having a level of safety required by the
Ontario Building Code. Structural members or materials that have been damaged or
indicate evidence of deterioration shall be repaired or replaced.
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5.05 Walls, roofs, and other exterior parts of a building or structure shall be free from
loose or improperly secured objects or materials.
EXTERIOR WALLS
5.06 Exterior walls of a building or a structure and their components, including soffit,
fascia, 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 deterioration due to weather conditions, insects or other damage.
5.07 Exterior walls of a building or a structure and their components, shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
GUARDRAILS
5.08 A guard 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 600 mm (24") between adjacent levels. A handrail shall be installed and
maintained in good repair in all stairwells. Guardrails shall be installed and
maintained in good repair around all landings, porches, balconies. Guardrails,
balustrades and handrails shall be constructed and maintained rigid in nature.
LIGHTING
5.09
All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending the
premises or as may be required by the Occupational Health & Safety Act for
industrial and commercial properties. However, lighting shall not be positioned so as
to cause any impairment of use or enjoyment of neighbouring properties.
WASTE DISPOSAL CONTAINERS
5.10 The owner or occupant of a premises using a commercial waste disposal
Container must ensure that:
i.
The Property Standards Officer has provided for an acceptable
storage location for the waste disposal container.
ii.
Waste disposal containers are located so as to allow for safe and efficient
collection vehicle access, as determined by the Property Standards Officer.
iii.
All Waste disposal containers shall be provided with lids or covers that
are suitable to completely cover all waste in the container.
iv. Waste disposal container lids must be kept closed at all times except while in
the process of filling or emptying the container.
v. Waste disposal containers shall not be filled higher than the upper rim and at
no time in a manner which would prevent the full closure of the lids(s).
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PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 This by-law shall apply to all property within the limits of the municipality.
6.02 The imperial measurements contained in this by-law are given for reference only.
OFFICERS
6.03 The council of the municipality shall appoint a property Standards Officer(s) to be
responsible for the administration and enforcement of this by-law.
PROPERTY STANDARDS COMMITTEE
6.04 Council shall appoint, at large, by a By-Law of Council, no fewer than three (3)
persons of the municipality to the Property Standards Committee for a term of
office concurrent with Council.
COMPLIANCE
6.05 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
level and graded condition.
VALIDITY
6.06 If an article of this by-law, if for any reason, held to be invalid, the remaining articles
shall remain in effect until repealed.
6.07 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.
TRANSITIONAL RULES
6.08 After the date of the passing this by-law, By-Law No. 57 of 1987, as amended shall
apply only to those properties in which an Order to Comply has been issued prior
to the date of passing of this by-law, and then only to such properties until such
time as the work required by such Order has been completed or any enforcement
proceedings with respect to such order, including any demolition, clearance, or
repair carried out by the municipality shall have been concluded.
TITLE
6.09 This by-law may be referred to as "The Property Standards By-Law".
REPEAL OF EXISTING BY-LAW
6.10 That By-Law No. 57 of 1987 be and is hereby repealed.
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READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
TWENTIETH DAY OF SEPTEMBER, 1999.
MAYOR
CLERK
APPENDIX "A"
FORMS
This appendix is not part of the Property Standards By-Law
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CORPORATION OF THE MUNICIPALITY OF THE TOWN OF GODERICH
INFORMAL NOTICE
Date:
Owners Name
Dear Sir/Madam:
RE: (description and location of property)
Be advised that on (date of inspection) an inspection of your property, as noted above,
revealed certain violations of the Municipality's Property Standards By-Law No.
.
Schedule "A", attached hereto, sets out the work required to remedy such violation and to
bring the property into compliance with the By-Law.
Be advised that By-Law No.
gives the municipality the authority to issue an
ORDER TO COMPLY pursuant to Section 15.2 (2), Ontario Building Code Act, S.O.
1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned
procedural step will not be necessary. A re-inspection of this property will take place on
or about (DATE) to ascertain compliance.
Should you require further information pertaining to this matter please do not hesitate to
contact the undersigned during normal business hours.
Property Standards Officer
519-524-7308
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THE CORPORATION OF THE TOWN OF
GODERICH BY-LAW NO. 63 OF 1999
Town of Goderich Property Standards By-Law Consolidation
This document is a consolidation of the Town of Goderich Property Standards By-Law
No. 63 of 1999 and subsequent amendments made thereto for the minimum standards for
the maintenance occupancy of property. This compilation is for convenience for
administrative purposes and does not represent true copies of the bylaws it contains. Any
legal interpretation of this document should be verified with the Town Clerk.
This Consolidated Property Standards By-Law contains:
By-Law 63 of 1999 and the following amendments thereto:
By-Law 22 of 2014
By-Law 54 of 2014
By-Law 44 of 2017
By-Law 99 of 2018
By-Law 39 of 2019 Consolidated May 31st, 2019