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BY-LAW 2011-277
A BY-LAW OF THE CITY OF GREATER SUDBURY
TO PRESCRIBE STANDARDS FOR THE
MAINTENANCE AND OCCUPANCY OF ALL PROPERTY
WHEREAS under Section 15.1 (3) of the Building Code Act, S. O. 1992, c.23, a
Bylaw 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 City of Greater Sudbury includes
provisions relating to property conditions;
AND WHEREAS the Council of The City of Greater Sudbury is desirous of
passing a Bylaw 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 Bylaw passed under Section 15.1 (3) of the Building Code Act, S. O.
1992, c.23 shall provide for the establishment of a Property Standards Committee;
NOW THEREFORE THE COUNCIL OF THE CITY OF GREATER SUDBURY
HEREBY ENACTS THE FOLLOWING:
1.01 In this Bylaw:
PART 1
DEFINITIONS
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.
2)
"Act" -means an enactment or statute of the Province of Ontario.
3)
"Approved"- means acceptance by the Property Standards Officer.
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4)
"Basement" - shall mean that portion of a building between two floor levels, which
is partly underground and which has at least one-half its height from finished floor to
the underside of the first floor joists above the average finished grade level adjacent
to the exterior walls of the building;
5)
"Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy
6)
"Building Code" - means the Building Code Act and any regulations made under
that Act;
7)
"Chief Official" - means the Chief Building Official appointed under Section 3 of
the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement
thereof.
8)
"Citation - Property Standards Bylaw" This Chapter may be cited as the "Property
Standards Bylaw."
9)
"City" - shall mean the City of Greater Sudbury unless the context requires
otherwise
10)
"Code" - means a regulation of the Province of Ontario known,
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety Code;
c) with respect to matters relating to fire, as the Fire Code; and
d) with respect to matters relating to plumbing, as the Plumbing Code.
11)
"Committee" - means a Property Standards Committee established under this 8y-
law.
12)
"Council" - shall mean the Council of the City of Greater Sudbury.
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13)
"Dwelling" - means a building, structure, mobile home or recreational vehicle
with or without kitchen facilities or a part of such a building or structure, which is,
or is intended to be used for the purpose of human habitation, and includes such
a building, home or vehicle that would be or would be intended to be used for
such purposes;
14)
"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, including cooking, eating, sleeping, and sanitary
facilities, as an independent or self-contained domestic unit.
15)
"Exterior property area" - means the building lot excluding buildings
16)
"Fence" -means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to
property or acting as a visual or acoustic screen.
17)
"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 (6 ft.) above grade.
18)
"Ground cover" - means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
19)
"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 mayor may not have openings through them.
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20)
"Habitable room" ~ means any room in a dwelling unit used or designed to be used
for the purpose of living, sleeping, eating, cooking or preparation of food and without
limiting the foregoing shall include den, library, sunroom or recreational room or
any combination thereof;
21)
"Non-habitable space" -
means a bathroom,
toilet room,
water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway,
closet, storage room, boiler room, furnace room, accessory space for service,
maintenance or access within a building or a room or space which does not comply
with the minimum standards for residential occupancy.
22)
"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.
23)
"Occupant" - means any person or persons over the age of eighteen years in
possession of the property.
24)
"Officer" - means a Property Standards Officer who has been assigned by the
Council the responsibility of enforcing the provisions of this Bylaw.
25)
"Owner" - includes the owner in trust, a mortgagee in possession, 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 his own account, or as agent
or trustee of any other person, or who would receive the rent if the land and
premises were let, and shall also include a lessee or occupant of the property
who, under the terms of a lease, is required to repair and maintain the property in
accordance with the standards for the maintenance and occupancy of property;
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26)
"Person" -
means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
27)
"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.
28)
"Repair" - includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property shall
conform to the standards established in this Bylaw.
29)
"Safe condition"- means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the
property, and includes a structurally sound condition.
30)
"Sewage system" - means the City of Greater Sudbury system of storm sewers,
sanitary sewers and combined sewers, or a private sewage disposal system
approved by the Chief Building Official within the City of Greater Sudbury;
31)
"Sign" - means any device or -notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate
advertise or direct attention to any person, business, service, commodity or use
32)
"Snow disposal site" -means only those lands on which snow is placed after being
brought to the lot from another lot, and shall not include areas to which snow is
moved to one portion of a lot after being cleared from the rest of the lot.
33)
"Snow storage site" -means that portion of lands being used for the storage of
snow that has been moved to one portion of a lot after being cleared from another
portion or portions of a lot.
34)
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
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35)
"Visual barrier" - shall mean a continuous, uninterrupted structure and/or fence
which completely blocks lines of sight when viewed perpendicularly from either of
its sides and shall consist of one or more of the following materials: wood, stone,
bricks, mortar, fabricated metal or other similarly solid material approved by the
Property Standards Officer or Chief Building Official.
36)
"Waste"- means any debris, rubbish, refuse, sewage, effluent, discard, or
garbage of a type arising from a residence, belonging to or associated with a
house or use of a house or residential property and/or from industrial or
commercial operations, or belonging to or associated with industry or commerce
or industrial or commercial property, which for greater certainty includes all
garbage, discarded material or things, broken or dismantled things, and materials
or things exposed to the elements, deteriorating or decaying on a property due to
exposure or the weather
37)
"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 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
1. No person, being the owner or occupant of a property, shall fail to maintain the
property in conformity with the standards required in this Bylaw.
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2. The owner of any property which does not conform to the standards in this Bylaw
shall repair and maintain the property to conform to the standards or shall clear the
property of all buildings, structures, garbage, rubbish, waste or accumulations of
such materials that prevent access to or exit from the property in the case of
emergency, or other safety or health hazard and shall leave the property in a graded
and leveled condition.
3. 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.
4. All new construction or extensive repairs shall conform to the Ontario Building Code,
where applicable.
5. This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, from carrying out a normal farm practice as provided for and
defined under that Act.
2.02 GARBAGE RECEPTACLES
1.
Every building shall be provided with sufficient proper receptacles to contain all
garbage, ashes or waste, which accumulates on the property, and such materials
a. shall be placed for collection in proper receptacles in compliance with the
City's waste collection by-laws; and
b. not allowed to accumulate for longer than fourteen (14) days.
2.
Receptacles for garbage shall be:
a. made of watertight construction;
b. provided with a tight fitting cover, which may be removed only when the
receptacle is empty or is being actively loaded;
c. maintained in good condition without holes or spillage; and
d. closed, or emptied, rinsed and cleaned when not in use, to prevent the
escape of offensive odour or waste.
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3. Plastic bags shall be considered acceptable receptacles under subsection above
provided they are:
a. adequately secured so as to prevent spillage;
b. not stored outdoors unless protected from access by animals or vermin:
and
c. otherwise are maintained in compliance with (2) above.
4. Paper receptacles are not acceptable under this Section, except only where they are
placed inside other compliant receptacles or are placed out for collection in
compliance with the City's waste collection by-laws.
5. Where commercial, industrial, or residential on site garbage containers are visible
from a public street or land, or residential properties, the area where the receptacles
are stored shall be screened from view.
2.03 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS
1. Garbage chutes, disposal and collection rooms, containers and receptacles shall be
washed down, disinfected and maintained to be clean, odour free and in good
working order and good repair.
2.04 UNENCLOSED PORCH - BALCONY
1. Every unenclosed porch or unenclosed balcony, and every exterior and common
area shall be kept free of garbage, waste, or appliances.
2.05 GROUND COVER- erosion control
1. Suitable ground cover shall be provided and maintained to prevent erosion of the
soil and so as to be in harmony with the neighbouring environment. Where grass
forms part of the ground cover, it shall be resodded or reseeded as often as is
required to maintain the grass in a living condition.
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2.06 LOT GRADING-DRAINAGE
1. All yards shall be provided and maintained with adequate surface water drainage
including suitable provisions for its disposal;
a. without causing erosion;
b. so as to prevent ponding or the entrance of water into a basement or
crawlspace.
2.
No roof, driveways or other surface drainage, and the drainage of water from
swimming pools shall be discharged
a. on an entranceway, walkway, sidewalk, stair, steps or adjacent property,
or on to any highway, or
b. in such a manner that it will penetrate or damage a building, structure or
property.
3.
Lot drainage shall be contained within the limits of the premises from which it
originated until absorbed by the soil or drained to an approved swale or ditch.
4.
No fill shall be allowed to remain in an unleveled state on any property for longer
than fourteen (14) days, unless the property is a construction site for which a
building permit is in effect.
5.
No fill shall be left in an uncovered state (not covered by sod, seed or agricultural
crop) on any property for longer than thirty (30) days unless the property is:
a. a construction site for which a building permit is in effect;
b. a property being subdivided under subdivision agreement with the City of
Greater Sudbury; or
c. property being actively farmed.
2.07 WALKWAYS, DRIVEWAYS AND PARKING LOTS
1. Surface conditions of walkways, driveways and parking lots shall be installed and
maintained in a safe condition so as to:
a. prevent ponding of storm water;
b. be kept free of garbage and waste;
c. be kept free of deep ruts and holes;
d. provide for safe passage under normal use and weather conditions, day or
night; and
e. be free from health and other hazards.
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2.08 SNOW DISPOSAL-STORAGE
1. A property owner shall cause any snow disposal site or a snow storage site on that
property to be:
a. maintained so as not to cause a hazard on the property; and
b. maintained in such a manner and location on a property so as to prevent a
hazard, flooding, erosion and other damage to neighbouring private or
public lands.
2.09 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or
building entrance shall have a permanently installed lighting fixture that shall be
maintained in good working order.
2. All underground parking areas and common areas shall be illuminated so as to
provide safe passage.
3. Facilities for lighting shall be maintained in a good state of repair.
4. Outdoor lighting and indoor lighting that can be seen outdoors shall be placed and
maintained, or have barriers or shades placed and maintained so as to prevent or
block direct illumination of the interior of a dwelling on adjacent property regardless
of whether such dwelling has or may have shades, drapes or other interior window
coverings.
2.10 RETAINING WAllS
1. All retaining walls, screen walls and ornamental walls shall be constructed of durable
material and shall be maintained in a structurally sound condition.
2.11 WEllS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
1. A well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed,
or secured by a fence, cover or netting, unless it is in active use, in which event it
shall be secured by fencing with warning signs until the use has ceased, whereupon
they shall be sealed or secured as required above.
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2.12 ACCESSORY BUILDINGS
1. The foundations, walls, roofs and all parts of accessory buildings and other
structures appurtenant to the main building shall be:
a. constructed with suitable materials;
b. maintained in good repair;
c. protected from deterioration by the application of paint or other suitable
protective material.
2.13 FENCES
1. A fence erected on a property or separating adjoining properties shall be:
a. maintained in good repair; (free from loose or insufficiently secured, rotten,
warped or broken materials);
b. in a safe and structurally sound condition so as to be capable of sustaining
safely its own weight together with any load to which it might reasonably
be subject to;
c. free of dangerous objects;
d. reasonably plumb, unless specifically designed to be other than vertical;
and
e. protected by paint, preservative or other weather resistant material.
2. The owner of any property used for multiple-dwelling, commercial, institutional, or
industrial purposes shall install and maintain a visual barrier not less than 1.2 meters
(4 feet) and not more than 2.0 meters (78 inches) in height where such property is
used for the operation of equipment, the storage of goods, or for any other purpose
which may detract from the enjoyment and good appearance of an abutting
residential property.
2.14 TOWER-GANTRIES-MASTS-ANTENNAE
1. Towers, gantries, masts, antennae and structures of similar character and any
attachment thereto shall be maintained:
a. reasonably plumb, unless specifically designed to be other than vertical;
b. in good repair; and
c. in a safe and structurally sound condition.
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2.15 SIGNS
1. A sign and any structure connected therewith shall be installed and maintained:
a. in good repair without any visible deterioration when viewed from any
property other than the property on which the sign is situated;
b. in a safe and structurally sound condition; and
c. in a reasonably vertical plane unless otherwise approved by the City of
Greater Sudbury.
2. An unused or discarded sign shall be removed from the property or shall be stored
within a building.
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
1. Every part of a building or structure on a property shall be maintained in good repair
and in a structurally sound condition so as:
a. to be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
b. to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c. to prevent the entry of moisture that would contribute to damage, fungus
growth, decay or deterioration; and
d. to be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
3.02 FOUNDATION WALLS-BASEMENTS
1. All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound.
2. Every basement, cellar and crawl space in a property shall be maintained in a
reasonably watertight condition so as to prevent the leakage of water into the
building.
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3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
1. All exterior walls and surfaces of every building or structure shall be
a. sound, plumb, and weathertight, free from loose or unsecured objects and
maintained in good repair;
b. free from cracked or broken masonry units, defective or deteriorated wood
or metal siding or trim, cracked, broken or loose stucco, loose or
unsecured objects; and
c. maintained by the painting, restoring or repairing of the walls, coping or
flashing, by the waterproofing of joints and the walls themselves, by the
installation of or repairing of weathertight finishing, or the installation of
termite shields, if required.
2.
Markings, stains, smoke damage or other defacements appearing on any exterior
surface shall be restored, resurfaced and co-ordinate to the exterior finish of the
building or structure.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1. Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic
access doors including storm and screen doors and storm windows shall be
maintained
a. in good working order
b. in good repair;
c. in a safe condition; and
d. shall be of such construction so as to prevent the entrance of wind, snow
or rain into the building and to minimize heat loss through infiltration.
2. At least one entrance door in every dwelling unit shall have hardware so as to be
capable of being locked from inside and outside the dwelling unit.
3. All windows capable of being opened and all exterior doors shall have hardware so
as to be capable of being locked or otherwise secured from inside the building.
4. All windows capable of being opened shall be equipped with a screen to prevent the
passage of insects and the screen shall be maintained in a good condition.
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3.05 WINDOW SCREENS
1. When an exterior opening is used or required for ventilation or illumination and is not
required to be protected by a door, window or similar closure, it shall be protected
with:
a. mesh screening, metal grills, or other equivalent durable rust proof
material; or
b. other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
1. All canopies, marquees and awnings shall be
a. properly anchored so as to be kept in safe and sound condition; and
b. protected from decay and rust by a periodic application of weather-coating
material.
3.07 ROOF
1. Every roof, and all of its components shall be maintained in good repair and in a safe
and structurally sound condition.
2. Without restricting the generality of this Section, such maintenance includes:
a. removal of loose, unsecured or rusted objects or materials;
b. removal of dangerous accumulations of snow or ice;
c. keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
d. keeping all roof-related structures plumb unless specifically designed to be
other than vertical.
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior
ducts shall be
a. properly secured free from loose or unsecured objects;
b. free from obstructions and health hazards;
c. weather-tight;
d. free of holes; and
e. maintained in good repair.
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2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be
kept free from rust by application of a suitable protective material such as paint, and
shall be renewed when necessary.
3.09 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall
be constructed, installed and maintained free from obstruction and shall prevent:
a. the entrance of smoke or gases into a building;
b. the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures; and
c. fire, health or other hazards.
2. Any fuel burning heating equipment used in a building shall be properly vented to the
exterior by means of an approved smoke pipe, vent pipe or chimney.
3.10 GARAGE-CARPORT
1. The construction between an attached or built-in garage or carport and a dwelling
unit shall provide an effective barrier to gas and exhaust fumes.
2. A door between an attached or built-in garage and a dwelling unit shall be
a. tight-fitting and weather-stripped to provide an effective barrier against the
passage of gases and exhaust fumes; and
b. be fitted with a self-closing device.
3. Garages and carports, including floors, shall be maintained in good repair and free
from hazards.
PART 4
INTERIOR OF BUilDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
1. In every building, all structural components, including but not limited to all joists,
beams, studding, and roof rafters, shall be of sound material and adequate for the
load to which they are subjected.
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4.02 WALLS-CEILINGS
1. Every interior surfaces and finishes of walls and ceilings shall be maintained:
a. in good repair, a surface which is reasonably smooth, clean, tight and
easily cleaned;
b. free of holes, cracks, loose plaster or other material;
c. in a safe condition; and
d. so as to possess the fire resistant properties required by the Building and
Fire Codes.
2. In any bathroom the walls to a height of forty-two (42) inches above a bathtub
equipped with a shower or six (6) feet above the floor of a shower stall, shall be
maintained as to be water resistant and readily cleaned.
4.03 FLOORS
1. Every floor shall be smooth and level and maintained so as to be free of all loose,
warped, protruding, broken or rotted boards that may create an unsafe condition or
surface.
2. Where a floor covering has become worn or torn the floor covering shall be repaired
or replaced.
3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of
water-resistant material and be capable of being cleaned.
4. Every cellar and basement shall have a floor of concrete or other material
acceptable under the provisions of the Building Code, to ensure water drainage and
to guard against the entry of vermin.
4.04 STAIRS- HANDRAILS-GUARDS
1. Every inside or outside stair and every porch or landing appurtenant to it shall be
maintained so as to be free of holes, cracks and other defects which constitute
accident or safety hazards.
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2. 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 inches) between adjacent levels.
3. Guardrails shall be installed and maintained in good repair around all landings,
porches, balconies.
4. All handrails and balustrades, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be
a. Maintained in good repair so as to be free of holes and other defects which
constitute accident hazards;
b. properly anchored so as to be kept in a safe and secured condition;
c. structurally sound for the loads imposed through their normal use and, if
metal, shall be protected from rust or similar decay by a periodic
application of paint.
5. Handrails shall be installed and maintained in good repair on all exterior stairs that
have more than 3 risers and on all. interior stairs within dwelling units that have more
than 2 risers.
6. A handrail shall be installed and maintained in good repair in all stairwells.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans shall be maintained in good repair and
operational.
2. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline
lifts and other elevating devices shall be installed and maintained:
a. in good working order and good repair; and
b. in a safe condition.
4.06 MEANS OF EGRESS
1. Every building, structure or dwelling unit shall have a safe, continuous and
unobstructed passage from the interior to an exit or the outside of the building at
street or grade level.
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2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept
free of ice and snow
3. The passage required as egress from one dwelling unit shall not pass through any
other dwelling unit.
4. In every multi-residential dwelling where a security locking-and-release system has
been provided in the front or rear lobby for the entrance into the multiple dwelling
and that system is controlled from each dwelling unit, such system shall be
maintained in good repair and in an operating condition.
5. Where a non-residential building contains dwelling units located at other than grade
level, there shall be a secondary means of continuous and unobstructed egress from
such dwelling units.
6. All means of egress within a non-residential property shall be maintained free from
all obstructions or impediments;
a. provided with clear, unobstructed and readily visible exit signs, for every
required exit; and
b. provided with light"ing facilities capable of illuminating the means of egress
to ensure the safe passage of persons exiting the building.
4.07 HEATING- AIR CONDITIONING
1. Every residential dwelling shall have heating equipment capable of maintaining a
temperature of 21 °Celsius (70 °Fahrenheit).
2.
It is the responsibility of the owner that all heating and mechanical systems, and
their components be installed, operational and maintained in good working order.
3. Only heating equipment approved for use by a recognized standards and testing
authority shall be provided in a room used or intended for use for sleeping purposes.
4. No rental residential dwelling unit shall be equipped with portable heating equipment
as the primary source of heat.
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5. Solid fuel burning appliances shall conform to the standards as set out in the
Building Code.
6. Fireplaces and similar construction used or capable of being used for burning fuels
in open fires shall be connected to approved chimneys and shall be installed so as
not to create a fire hazard to nearby or adjacent combustible materials and structural
members.
7. If 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.
8. Fuel-burning equipment shall be vented to a flue by means of rigid connections
leading to a chimney or a vent or flue. All flues shall be kept clear of obstructions
9. Every chimney, smoke pipe and flue shall be maintained so as to prevent gas from
leaking into the building.
4.08 AIR CONDITIONING
1. Air conditioners shall be
a. equipped with adequate devices for the prevention of condensation
drainage on to entrance areas, sidewalks or pathways; and
b. maintained in a safe mechanical and electrical condition.
2. Cooling water from water-cooled equipment shall not be discharged
a. on driveways, walkways or other areas used for pedestrian or vehicular
traffic, or
b. in such manner that it may cause damage to the walls, foundations or
other parts of a building.
3. The discharge of cooling water from all water-cooled equipment shall
a. be made to a proper drainage system; and
b. be connected in accordance with all applicable governmental regulations.
4.09 ELECTRICAL
1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected
to an approved electrical supply system.
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2. An adequate supply of electrical power shall be available in all occupied parts of
every dwelling, suite and building.
3. The connection to the building and the system of circuits and outlets distributing the
electrical supply within the building shall provide adequate capacity for the use of the
building and such connections, circuits, wiring and outlets along with any fuses,
circuit breakers and other appurtenances thereto shall be installed and maintained in
good working order and in compliance with the Electrical Safety Standards Code.
4. Extension cords are not permitted on a permanent basis.
4.10 VENTILATION
1. Ventilation shall be provided to and maintained and operated in all rooms and
spaces within a building so as to prevent accumulations of heat, dust, fumes, gases,
including carbon monoxide, vapours and other contaminants which may create a
fire, explosion, toxic hazard or health hazard.
2. Every ventilation system shall be cleaned regularly and maintained in good working
condition and good repair
3. When an exterior opening is used or required for ventilation and is not required to be
protected by a door, window or similar closure, it shall be protected with screens in
accordance with this Bylaw.
4. An opening for natural ventilation may be omitted from a bathroom or toilet room
where a system of mechanical ventilation has been provided.
5. Every basement, cellar, unheated crawl space and attic shall be vented and such
vents shall be designed and maintained to prevent entry of snow, rain, rodents and
insects.
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4.11 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen,
hall, cellar, basement, laundry, furnace room and non-habitable work room in a
suite, dwelling unit or building shall have a permanently installed lighting fixture that
shall be maintained in a safe condition and in good working order.
2. Lighting equipment shall be installed throughout every property to provide adequate
illumination for the use of each space so as to provide safe passage.
4.12 PLUMBING
1. All plumbing, drain pipes, water pipes and plumbing fixtures in every building and
every connecting line to the sewage system shall be maintained in good working
order and free from leaks and defects.
2. All water pipes and appurtenances thereto shall be protected from freezing.
3. Plumbing systems on a property shall be provided, installed and maintained:
a) in compliance with the respective requirements of any applicable Act or Bylaw;
b) in good working order and good repair; and
c) in a safe condition.
4. All plumbing fixtures shall be connected to the sewage system through water seal
traps.
4.13 WATER SUPPLY
1. Every dwelling and every building to which water is available under pressure through
piping shall be provided with:
a. adequate supply of hot water with a temperature range from 60 to 73.8
Celsius or 140 to 165 degrees Fahrenheit shall be provided and
maintained in all dwelling units; and
b. piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
c. piping for cold water connected to every toilet and hose bib.
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4.14 SEWAGE SYSTEM
1. Every plumbing fixture in every building shall discharge the water, liquids or sewage
into drainage piping, which shall be connected to a municipal sewage system, or a
system approved by the authority having jurisdiction and in accordance with all
applicable law.
2. Sewage or organic waste shall not be discharged to the surface of the ground, but
into a sewage system where such system exists.
3. Where a sewage system does not exist, sewage or organic waste shall be disposed
of in a manner according to the Ontario Building Code.
4. The land in the vicinity of a sewage system shall be maintained in a condition that
will not cause damage to, or impair the functioning of the sewage system.
4.15 VERMIN CONTROL
1. Every property shall be maintained so as to be free from vermin, rodents and
injurious insects and conditions that may promote an infestation at all times.
2. Any method used for exterminating rodents, vermin and insects or any combination
thereof is compliant with the provisions of The Pesticides Act, R.S.O. 1990, Chapter
P.11.
PARTS
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A non-habitable room shall not be used as a habitable room
2. No kitchen shall be used as a bedroom.
3. The maximum number of persons residing in a dwelling unit shall not exceed one
person for each 9 square metres (97 square feet) of habitable room floor area.
4. The minimum dimension of any habitable room shall be 2 metres (6.5 feet).
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5. The minimum area of a bedroom in a dwelling unit used by only one person shall be
6 square metres (64.5 square feet).
6. The minimum area of a bedroom in a dwelling unit used as a bedroom by two or
more persons shall be 4 square metres (43 square feet) for each person.
7. Every habitable room shall have a ceiling height of at least 2.29 metres (7 feet, 6
inches). For the purpose of computing the floor area of a habitable room, no floor
area under a ceiling height which is less than 2.13 metres (7 feet) shall be counted
except for a bedroom which complies with the provisions that at least one half of any
habitable room located directly beneath a roof and having a sloping ceiling, shall
have a ceiling height of at least 2.29 metres (7 feet, 6 inches) and the area of that
part of the room where the ceiling height is less than 1.5 metres (4.9 feet) shall not
be considered as part of the area of the room for the purpose of determining the
maximum permissible occupancy thereof.
8. No basement or portion thereof shall be used as a dwelling unit, unless it meets the
following requirements:
a) access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room;
b) each habitable room shall comply with all the requirements for ingress, egress,
c) light, ventilation and ceiling height set out in this Bylaw;
d) floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5.02
TOILET AND BATHROOM FACILITIES
1. Every dwelling unit shall contain plumbing fixtures in good repair and in an operative
condition, consisting of a minimum of one toilet, one sink, and one bathtub or
shower.
2. All bathrooms and toilet rooms shall be located within and accessible from within the
dwelling unit.
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3. All bathrooms and toilet rooms shall be fully enclosed and maintained so as to
provide privacy for the occupant.
4. No toilet or urinal shall be located within a bedroom or a room that is used for the
preparation, cooking, storing or consumption of food.
5.03
COOKING FACILITIES
1. Every dwelling unit shall contain cooking facilities equipped with;
a. a sink that;
i. Is provided with potable hot and cold water; and
ii. Is maintained in workable order;
b. electrical, fuel or utility outlets suitable for a refrigerator and cooking stove;
c. impervious spashback and counter top around the kitchen sink; and
d. and containing any provided refrigerator or cooking stove in a fully
operational state and maintained to a standard to avoid any danger to any
person.
5.04
SEPARATIONS
1.
Every dwelling unit shall be maintained and protected so as to prevent the passage
of noxious fumes and gases from a part of the building that is not used for human
habitation into other parts of the dwelling unit.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 VENTILATION
1. All non-residential properties shall be adequately ventilated by natural or mechanical
means and with regard to the operations carried on therein, to ensure that persons
within the property are not exposed to conditions deleterious to their health or safety.
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2. Ventilation shall be provided for every locker room, clothes drying room and room in
which plumbing fixtures are installed, either by means of natural ventilation through
openings directly to the outside air or by means of mechanical ventilation, which
ventilation will ensure a complete change of air within the rooms at least once per
hour.
3. Mechanical ventilating equipment and the supports for each equipment shall be
maintained in good repair and in safe mechanical condition.
6.02 LIGHTING
1. All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending the
premises.
6.03
SALVAGE YARD
1 . Salvage yards shall be effectively screened from public view by a visual barrier.
PART 7
VACANT - DAMAGED-DEMOLITION
7.01
VACANT BUILDING
1. If any building is unoccupied, the owner or the agent shall protect every such
building against the risk of fire, accident, or other hazard and shall effectively prevent
the entrance thereto of all unauthorized persons.
2. 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.
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3. If a building remains vacant for a period of more than ninety (90) days, the owner or
agent thereof, shall ensure that all utilities serving the building are properly
disconnected or otherwise and secure the building to prevent accidental or malicious
damage to the building or adjacent property, but this provision shall not apply where
such utilities are necessary for the safety or security of the building.
7.02
DAMAGE BY FIRE-STORM-OTHER CAUSES
1. In the event of fire or explosion, damaged or partially burned material shall be
removed from the premises, except that such material may be temporarily stored
within the barricaded damaged building or structure, provided that such storage
does not exceed ninety (90) days.
2. Fire damaged buildings, or portions thereof, shall be repaired to their original
condition or shall be demolished accordingly.
7.03
DEMOLISH BUILDING
1. Where a building, accessory building, fence or other structure is demolished, the
property shall be cleared of all rubbish, waste, waste, refuse, masonry, lumber,
wood, and other materials and left in a graded and leveled condition.
2. Where a building, accessory building, fence or other structure is being demolished,
every precaution shall be taken to protect the adjoining property and members of the
public. The precautions to be taken include the erection of fences, barricades,
covered walkways for pedestrians and any other means of protection necessary for
the protection of the adjoining property and members of the public.
8.01 APPLICATION
PART 8
ADMINISTRATION AND ENFORCEMENT
1. This Bylaw shall apply to all property within the limits of the City.
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2.
The imperial measurements contained in this Bylaw are given for reference only.
8.02 NON-COMPLIANCE
1. The owner of any property which does not conform to the standards as set out in this
Bylaw shall repair and lor maintain said property to comply with the standards or the
property shall be cleared of all buildings, structures, waste or refuse and left in a
levelled and graded condition.
2. Where any person fails to comply with an order issued, the municipality may cause
the required work to be done at the cost of the person. The cost of such work may
be recovered by action or by adding the costs to the tax roll and collecting them in
the manner as provided for in the Ontario Building Code Act.
8.03 CONFLICTS-BYLAWS-STANDARDS-REGULATIONS
1. Where a provision of this Chapter -conflicts with the provisions of another Bylaw, Act
or Regulation in force within the municipality, the provision, which establishes the
higher standards to protect the health, safety and welfare of the occupants and the
general public, shall prevail.
8.04 VALIDITY
1. If any provision or article of this Bylaw is for any reason found to be invalid by a court
of competent jurisdiction, the provision or article found to be invalid shall be severed
from the Chapter and the remaining provisions or article shall remain in effect until
repealed.
8.05 PENALTY
1. An owner who fails to comply with an order that is final and binding under this Bylaw
is guilty of an offence under Section 36(1) of the Building Code Act, S.O. 1992, c.23,
and is liable to a penalty or penalties as set out in Section 36 of that Act.
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8.06 SEVERABILITY
1. It is hereby declared that each and every of the foregoing provisions of this Bylaw is
severable and that, if any provisions of this Bylaw should, for any reason, be
declared invalid by any Court, it is the intention and desire of this Council that each
and every of the then remaining provisions hereof shall remain in full force and
effect.
8.07 TRANSITIONAL RULES
1.
After the date of the passing this Bylaw, By-law 2009-100 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 Bylaw, 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.
8.08
TITLE
1. This By-law may be referred to as "The Property Standards Bylaw".
8.09 REPEAL
1.
By-law 2009-100 of the City of Greater Sudbury and all By-laws amending By-law
2009-100 are hereby repealed.
READ AND PASSED IN OPEN COUNCIL this 14th day of December, 2011.
_----'''''''--+-\l-----Jrr:-t-r-____ Clerk
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INDEX TO BY-LAW 2011-277
PART 1
DEFINITIONS
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
2.02 GARBAGE RECEPTACLES
2.03 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS.
2.04 UNENCLOSED PORCH - BALCONY
2.05 GROUND COVER- erosion control
2.06 LOT GRADING-DRAINAGE
2.07 WALKWAYS AND DRIVEWAYS AND PARKING LOTS
2.08 SNOW DISPOSAL-STORAGE
2.09 EXTERIOR LIGHTING
2.10 RETAINING WALL
Page 1 of 2
2.11 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
2.12 ACCESSORY BUILDINGS
2.13 FENCE
2.14 TOWER-GANTRIES-MASTS-ANTENNAE
2.15 SIGNS
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
3.02 FOUNDATION WALLS-BASEMENTS
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS
3.05 WINDOW SCREENS
3.06 CANOPIES-MARQUESS-AWNINGS
3.07 ROOF
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
3.09 CHIMNEY FLUES
3.10 GARAGE-CARPORT
PART 4
INTERIOR OF BUILDINGS STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
4.02 WALLS-CEILINGS
4.03 FLOORS
4.04 STAIRS- HANDRAILS-GUARDS
4.05 ELEVATORS
4.06 MEANS OF EGRESS
4.07 HEATING- AIR CONDITIONING
4.08 AIR CONDITIONING
4.09 ELECTRICAL
4.10 VENTILATION
4.11 LIGHTING
4.12 PLUMBING
4.13 WATER SUPPLY
4.14 SEWAGE SYSTEM
4.15 VERMIN CONTROL
INDEX TO BY-LAW 2011-277
Page 2 of 2
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
5.02 TOILET AND BATHROOM FACILITIES
5.03 COOKING FACILITIES
5.04 SEPARATIONS
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 VENTILATION
6.02 LIGHTING
6.03 SALVAGE YARD
PART 7
VACANT -DAMAGED-DEMOLITION
7.01 VACANT BUILDING
7.02 DAMAGE BY FIRE-STORM-OTHER CAUSES
7.03 DEMOLISH BUILDING
8.01 APPLICATION
PART 8
ADMINISTRATION AND ENFORCEMENT
8.02 NON-COMPLIANCE
8.03 CONFLICTS-BYLAWS-STANDARDS-REGULATIONS
8.04 VALIDITY
8.05 PENALTY
8.06 SEVERABILITY
8.07 TRANSITIONAL RULES
8.08 TITLE
8.09 REPEALS