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By-Law 15-17
1
The Corporation of the Town of Grimsby
By-law 15-17
A By-law for prescribing standards for the maintenance and occupancy
of property.
Whereas the Corporation of the Town of Grimsby deems it desirable to enact a By-law
pursuant to the Provisions of Section 15.1 of the Building Code Act,
R.S.O. 1992, as amended;
And whereas there is in effect in the Town of Grimsby an Official Plan that includes
provisions relating to property conditions;
Now therefore the Council of the Corporation of the Town of Grimsby enacts as
follows:
1. That all owners of property within the Town of Grimsby are required to comply with
the following minimum standards of maintenance and occupancy.
2. Definitions
In this By-law:
2.1
Accessory Building means a detached, subordinate building or structure not
used for human habitation, located on the same lot with the main building and
used incidental to the main building and includes a private garage;
2.2
Bathroom means a room containing a toilet, urinal, bathtub or shower,
washbasin or any combination thereof;
2.3
Committee means the Property Standards Committee; established under
Section 15.6 of the Building Code Act, as amended;
2.4
Dwelling Unit means a suite operated as a housekeeping unit used or
intended to be used as a domicile by one or more persons and usually
containing cooking, eating, living, sleeping and sanitary facilities;
2.5
Garage means a building or part thereof intended for the storage or parking of
motor vehicles;
2.6
Habitable Room means any room in a dwelling used or capable of being
used for living, sleeping, cooking or eating purposes;
2.7
Heritage Attributes mean;
a) the attributes of the Property, and the buildings and structures on the
Property that contribute to the cultural heritage value or interest and are
defined or described:
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i.
in a by-law designating a Property passed under section 29 of the
Ontario Heritage Act and identified as Heritage Attributes, values,
reasons for designation or otherwise;
ii.
in a Ministers Order made under section 34.5 of the Ontario Heritage
Act and identified as Heritage Attributes, values, reasons for
designation, or otherwise;
iii.
in a by-law designating a heritage conservation district passed under
section 41 of the Ontario Heritage Act and identified as Heritage
Attributes, values reasons for designation or otherwise;
iv.
in the supporting documentation required for a by-law designating a
heritage conservation district, which may include, but not be limited to
a heritage conservation district plan, assessment or inventory and
identified in such documentation as Heritage Attributes, values,
reasons for designation or otherwise.
b) The elements features or building components which may include, but not
limited to: roofs, walls, floors, retaining wall, foundation and structural
systems that support or protect the Heritage Attributes, without which the
Heritage Attributes may not be maintained.
2.8
Inoperative Motor Vehicle means a vehicle having missing parts,
including tires or damaged or missing glass or deteriorated or removed metal
adjunct or parts, which would prevent its normal function;
2.9
Land(s) means grounds and vacant lot(s) exclusive of buildings save and
except an accessory building;
2.10 Medical Officer of Health means the Medical Officer of Health for
the Region of Niagara Health Unit;
2.11 Multiple Use Dwelling means a building containing both a dwelling
unit and a non-residential property;
2.12 Municipality means the Town of Grimsby;
2.13 Non-Habitable Room means any room in a dwelling or dwelling unit other
than a habitable room and includes a bathroom, toilet room, laundry, pantry,
lobby, communicating corridor, stairway, closet, basement, boiler room or
other space for service and maintenance of the dwelling for public use and
for access to and vertical travel between storeys;
2.14 Non-Residential Property means a building or structure not occupied nor
capable of being occupied in whole or in part for the purpose of human
habitation and includes the land and premises appurtenant thereto and all
out-buildings, fences or erections thereon;
2.15 Occupancy means the use or intended use of a building or part thereof
for the shelter or support of persons, animals or property;
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2.16 Occupant means any person or persons, over the age of eighteen, in
possession of the property;
2.17 Officer means a Property Standards Officer for the Town of Grimsby
who has been assigned the responsibility of administering and enforcing this
By-law;
2.18 Owner includes:
a) the person for the time being managing or receiving the rent of the land or
premises in connection with which the word is used, whether on the
person's own account or as agent or trustee of any other person, or who
would so receive the rent if such land and premises were let, and;
b) 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.
2.19 Part IV Heritage Property means property designated under section Part IV
Heritage Property means property designated under section 29 , or 34.5 of
the Ontario Heritage Act, R.S.O. 1990, c. 0.1 8, as 29 , or 34.5 of the Ontario
Heritage Act, R.S.O. 1990, c. 0.1 8, as amended.
2.20 Part V Heritage Property means property designated under section
41 of the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended.
2.21 Person includes a corporation and the heirs, executors, administrators
or other legal representatives of a person to whom the context can apply
according to law;
2.22 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, out-buildings, accessory buildings,
fences and erections thereon whether heretofore and hereafter erected, and
includes vacant lands and properties listed under Part IV or Part V of the
Ontario Heritage Act R.S.O. 1990, c. 0.18, as amended.
2.23 Repair includes the provision of such facilities, the making of additions or
alterations or the taking of any other action that may be required to ensure
that a property conforms to the standards established in this By-law;
2.24 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 steps, walks, driveways, parking
spaces and fences associated with the dwelling or its yard;
2.25 Sewage means any liquid waste containing animal, vegetable or
mineral matter in suspension or solution;
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2.26 Sewage System means the Town sanitary sewage system or a private
sewage disposal system approved under the Building Code Act and
regulations;
2.27 Standards means the standards of physical condition and of
occupancy prescribed for property by this By-law;
2.28 Toilet Room means a room containing a water closet and washbasin;
2.29 Waterfront Property means that area of water, which is immediately capable
of use from the land, together with that area of land, adjacent to the water,
which is necessary to allow use of the above area of water;
2.30 Yard means the land around and appurtenant to the whole or any part of a
building and used or intended to be used or capable of being used with the
building.
Short Title
This By-law may be sited as the Property Standards By-law.
3. Maintenance of Lands
3 .1 Condition of Lands
3.1.1 All lands shall be kept clean and free from rubbish and debris and
from objects or conditions that might create a health, fire or accident
hazard, including dilapidated buildings or structures.
3.1.2. All lands shall be kept clear of long grass, brush and undergrowth by
cutting regularly and removing the cuttings from the lands.
3.1.3. Heavy and obnoxious weed growth and noxious weeds designated
as such under the Weed Control Act, R.S.O. 1990 and subsequent
revisions thereof, shall be eliminated from the lands.
3.1.4. No vehicle, trailer, boat or mechanical equipment which is in a
wrecked, discarded, dismantled, abandoned or in-operative condition
shall be parked, stored, or left on the lands.
3.1.5 Where vehicles, trailers, boats, or mechanical equipment required for
business purposes, as permitted in By-Law in 86-12 as amended, they
shall be screened from the street and public by a fence or suitable
planting and parked in accordance with By-Law 71-74 as amended.
3.2. Condition of Yards
3.2.1. Yards shall be kept clean and free of any vehicle or vehicles
including a trailer which is in a wrecked, discarded, dismantled, un-
licensed, in-operative or abandoned condition.
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3.2.2. All furniture used for exterior use shall be of material that readily repels
water. Lands shall be kept clean and free from wrecked, discarded,
dismantled or in-operative recreation equipment and furniture.
3.2.3 Appliances such as refrigerators, stoves and freezers shall not be
left in yards and shall not be used as places of storage.
3.2.4. All lawns, hedges and shrubs shall be kept trimmed and in a slightly
and neat condition so as to prevent undue overgrowth in relation to the
neighbouring environment.
3.2.5 Dead, decayed or damaged trees or parts thereof that create an
unsafe condition and dead shrubs, hedges, bushes etc., shall be
promptly removed from the property.
3.2.6 A minimum clearance of one (1) metre shall be maintained between
fire hydrants and all hedges, shrubs, trees, fences and other
obstructions.
3.2.7 The ground shall be suitably covered as to prevent erosion of the soil.
A suitably maintained covering such as grass, gravel, asphalt, ground
cover or plants shall be used. In residential areas, the required front
yard and side yard abutting a street shall be turfed by means of a
suitable grass seed or nursery sod, or brick paving or ornamental
stones installed over a rigid or flexible base such as asphalt or well
compacted gravel.
3.2.8. Every tenant, occupant or lessee of a residential property shall
maintain the residential property or part thereof and land which he
occupies or controls, in a clean, sanitary and safe condition and shall
dispose of garbage and debris on a regular basis.
3.2.9. Compost heaps must conform to health regulations, be no larger than
six ( 6) feet square and three (3) feet in height, be retained on all sides
by concrete blocks or lumber of the same height as the compost heap,
or in a forty five ( 45) gallon enclosed container, a metal frame building
with cement floor or a commercial plastic enclosed container. Exterior
surfaces shall be maintained in accordance with this By-law. Compost
heaps may only be established in rear yards.
3.2.10. Firewood and building materials shall be neatly piled in a rear yard
only. Garden equipment shall be stored in the rear yard and in a clean
and sightly condition.
3.3 Drainage
3 .3 .1. All sanitary sewage and organic waste shall be discharged into an
approved sewage system.
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3.3.2. Sewage of any kind shall not be discharged onto the surface of the
ground, whether into a natural or artificial surface draining system or
otherwise.
3.3.3. No roof drainage shall be discharged on sidewalks, stairs,
neighbouring properties or onto any impervious surface within the road
allowance.
3.3.4. Storm water shall be drained from the lands but shall not be directed to
cause recurrent ponding of water on adjacent properties or so as to
result in the entry of water into a basement or cellar.
3.3.5. Snow storage shall not be located so as to cause recurrent ponding of
water on adjacent properties or so as to result in the entry of water into
a basement or cellar.
3.4. Walks, Parking Areas, Driveways
3.4.1. Suitable hard surfaced walks shall be made available and maintained
leading from the main entrance of a building to the street or driveway.
3.4.2. All steps, walks, driveways, parking spaces and similar areas shall be
maintained to afford passage free from hazards at all times to any
person using the same, including the removal of ice and snow.
3.4.3. All areas used for vehicular traffic and parking shall be covered with
asphalt, crushed stone or gravel surfacing, be graded, drained and
free from debris or other litter and kept in good repair at all times.
Notwithstanding the foregoing, on any non-residential properties which
abut residential properties, all areas used for parking and vehicular
traffic shall be covered only with asphalt or similar hard surface.
3.5 Damaged Material
3.5.1. In the event of fire or explosion, measures shall be taken as soon
as possible to make the damaged building compatible with its
environment and intended use.
3.5.2. Damaged or partially burnt material shall be forthwith removed from
the property once investigations are completed by fire authorities.
3.5.3. Damaged or partially burnt material shall be removed and replaced
with new material so as to be in harmony with adjoining undamaged
surfaces and the general environment.
3.5.4. Smoke or water damaged surfaces exposed to view, shall be
cleaned forthwith.
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3.5.5. In the event of the exterior surface becoming damaged or marked by
water, smoke or by other natural causes, appropriate action shall be
taken to restore or renew the affected surface.
3.6. Lighting Standards
3.6.1. Artificial lighting standards, fixtures and connections installed in
yards and parking areas shall be kept in a good safe condition and in
good working order.
3.6.2. Any lights used to illuminate yards or parking areas shall be arranged
or shielded to deflect light away from abutting properties and or the
public right of way.
3.7 Fences
3.7.1. All fences, barriers and retaining walls shall be maintained in good
repair and free from hazards.
3.8 Accessory Building
3.8.1. An accessory building shall be kept in good repair and free from
health, fire and accident hazards, and in a location in accordance with
the Town of Grimsby's Zoning By-law.
3.8.2. Where an accessory building, structure or lands may harbor insects,
vermin or rodents, all necessary steps shall be taken to eliminate such
insects, vermin or rodents and to prevent their reoccurrence.
3.8.3. The exterior of any accessory building shall be weather resistant and
where necessary shall be covered with weather resistant materials
including paint or other preservatives.
3.8.4. Where an accessory building is not maintained in accordance with
these standards, it shall be removed from the yard.
3.9 Swimming Pools
3.9.1. Swimming pools and the fences and gates surrounding same shall
be maintained in a safe condition in conformity with the Town of
Grimsby Swimming Pool By-law.
3.9.2. Electrical fixtures and lines supplying same shall be installed or
reinstalled in accordance with the Ontario Electrical Code and any
amendments thereto, to ensure at all times the safety of the users of the
pool.
3.9.3. Water in the pool shall be properly filtered and purified so as to present
no health hazard.
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4
Property Standards
4.1. Structural Standards
4.1.1. Every part of a building or structure shall be maintained in a structurally
sound condition so as to be capable of sustaining safely its own weight
and any additional load for which is was designed having a factor of
safety required by the Ontario Building Code.
4.1.2. Materials which have been damaged or show evidence of dry rot or
other deterioration shall be repaired or replaced.
4.1.3. Walls, roofs and other exterior parts of the building shall be free from
loose or improperly secured objects or materials. Such part or material
shall be removed, properly secured or replaced.
4.2. General Cleanliness
4.2.1. Every floor, wall, ceiling and parts thereof, shall be maintained in a
clean and sanitary condition and buildings shall be kept free from
rubbish and debris.
4.2.2. Hallways and stairways in a building shall be kept free from
accumulation, storage of garbage, refuse or any other thing or object
that may cause a health or accident hazard.
4.3. Garbage Storage and Disposal
4.3.1. Every building and every dwelling unit shall use sufficient weather
resistant receptacles to contain all garbage, rubbish and ashes, as
required by Town of Grimsby and the Region of Niagara's by-laws,
relating to the handling, collecting and disposal of garbage, ashes and
other refuse.
4.3.2. Garbage, rubbish and ashes shall be promptly stored in approved
receptacles and removed as required by the said By-law. Garbage is to
be stored in the rear yard if an area is not available in the building. Cans
shall be enclosed in a building or at the very least, screened from view
by neighbours.
4.3.3. In areas subject to littering, covered containers shall be made available
for the deposit of refuse which may be discarded by the public and the
lands and surrounding property shall be kept free of such refuse.
4.3.4. Buildings or structures used for the storage of garbage, rubbish, ashes
and other refuse prior to disposal shall be deemed to be accessory
buildings or structures within the meaning of this By-law.
4.4. Pest Prevention
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4.4.1. Buildings shall be kept free of rodents, vermin and insects at all times
and methods used for exterminating such pests shall be in accordance
with the provisions of the Pesticides Act, R.S.O. 1990 Chapter P .11
and all regulations passed pursuant thereto.
4.4.2. Openings and holes in a building containing residential units, including
chimneys, windows, doors, vents, holes for pipes and electrical fixtures,
cracks and floor drains that might permit the entry of rodents, vermin,
insects, birds or other pests, shall be screened or sealed.
4.5. Basement Floors and Foundations
4.5.1. The foundation walls and the basement, cellar or crawl space floor of a
building shall be maintained in good repair and structurally sound so as
to prevent the entrance of moisture and rodents and where necessary
shall be so maintained by shoring of the walls, installing subsoil drains
at the rooting, grouting masonry cracks and waterproofing the walls or
floor.
4.5.2. Every building unless of slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid
rock and all footings, foundation walls, piers, slab-on-grade shall be of
masonry or other suitable material.
4.5.3. Where foundation walls have been painted, they shall be maintained in
a clean and slightly condition and free of peeling or flaking paint.
4.6. Exterior Surface
4.6.1. All exterior exposed wooden surfaces not inherently resistant to
deterioration shall be periodically treated with a protective coating of
paint, or otherwise repaired, coated, sealed or treated to protect them
from deterioration or weathering.
4.6.2. Exterior walls of a building and their components shall be maintained
so as to prevent their deterioration and where necessary shall be so
maintained by painting, restoring or replacing of the surfaces.
4.6.3. Concrete, brick, metal and other similar surfaces that have been
painted, shall be maintained in a clean and sightly condition and free of
peeling or flaking paint.
4.6.4. Every floor, exterior wall, roof and porch or appurtenance thereto shall
be maintained so as to prevent collapse of the same or injury to the
occupants of the building or to the public.
4.7. Weather Proofing
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4.7.1. The roof of a building including the fascia, soffit, cornice and flashing
shall be maintained in a water-tight condition so as to prevent leakage
of water into the building.
4. 7 .2. Dangerous accumulations of snow or ice both shall be removed as
soon as possible from the roofs of buildings.
4.7.3. Where eavestroughing, roof guttering and down piping is provided, it
shall be maintained in good repair so as to be watertight and securely
fastened to the building at all times.
4.8. Stairways and Porches
4.8.1. Inside or outside stairways and any porch, deck, balcony, verandah or
landing appurtenant to it shall be maintained so as to be free of holes,
cracks and other defects which may constitute a possible accident
hazard and all coverings, treads or risers that show excessive wear, or
are broken, warped or loose and all supporting structural members that
are rotted or deteriorated shall be replaced.
4.8.2. A handrail shall be installed in a stairwell or open stairway with more
than three risers and a guard shall be installed on the open sides of any
balcony or landing more than two feet above any adjacent surface. In
accordance with the requirements of the Ontario Building Code,
handrails and guards shall be maintained in good repair so as to
provide protection against accident or injury.
4.8.3. Storage of any kind is prohibited on all inside and outside stairs.
4.9. Garages and Carports
4.9.1. Attached or built-in garages shall be constructed as to prevent
noxious gases from entering the habitable areas of the residents.
4.9.2. Garage and carport floors shall be of concrete or other suitable
material and shall be maintained in good repair and free from hazards.
4.10. Floor
4.10.1. Every floor in a building shall be maintained so as to be free of all
loose, warped, broken or rotted boards, protruding damaged or
deteriorating surfaces or surfaces in a dangerous condition, or surfaces
that might admit rodents into a room and all defective floor boards shall
be repaired or replaced.
4.10.2. Where the floor in a building has been covered with a covering
that has become worn or tom so that it retains dirt or is dangerous, the
covering shall be repaired, or replaced.
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4.10.3. Every bathroom, toilet room and kitchen floor shall be maintained so
as to be impervious to water and easily cleaned and sanitized. Floors
made of terrazzo or covered with ceramic, asphalt or rubber tile,
linoleum or other similar materials are suitable coverings for these
areas.
4.10.4. Every floor in a building shall be maintained in a clean sanitary
condition.
4.11. Walls and Ceilings
4.11.1. Every wall and ceiling in a building shall be maintained so as to be a
continuous surface, free of holes, cracks, loose, tom or worm coverings
or other defects.
4.11.2. Walls surrounding showers and bathtubs shall be impervious to
water. Caulking around the bathtub or shower shall be maintained in
good repair.
4.12. Doors, Windows and Security
4.12.1. Windows, doors and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably draft-free to
prevent heat loss and infiltration by the elements: Rotted or damaged
doors, door frames and their components, window frames, sashes and
casings shall be renewed and defective hardware, weather-stripping
and broken window glass shall be replaced.
4.12.2. All windows intended to be opened shall be readily openable
under normally applied pressure without jamming or binding so as to
perform their intended function.
4.12.3. In a dwelling unit, all windows intended to be opened and all exterior
doors shall have hardware so as to be capable of being locked or
otherwise secured from inside the dwelling unit. At least one entrance
door in every dwelling unit shall have hardware so as to be capable of
being locked from both inside and outside the dwelling unit.
4.12.4. In a building with a security system in place where persons are
required to contact the tenant prior to being buzzed into the building, all
intercom equipment must be kept free of defects and in good working
order at all times.
4.12.5. Where mailboxes are supplied for the use of occupants, they shall be
maintained in good condition and free of defects at all times. Damaged
boxes or defective locks are to be repaired or replaced.
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4.13. Water Supply
4.13.1. Every dwelling unit shall be provided with an adequate supply
of potable running water from a source approved by the authority having
jurisdiction.
4.13 .2. An adequate supply of hot and cold running water shall be
supplied to every sink, wash basin and bathtub or shower.
4.13.3. Hot water as required by Section 4.13.2 shall be supplied at a
temperature of not less than one hundred and ten degrees Fahrenheit
(110°F) (43°C).
4.13.4. Every water closet shall be supplied with an adequate supply of water
to flush the toilet.
4.14. Plumbing System
4.14.1. All buildings shall have the sanitary facilities connected to a
sewage system approved by the Town of Grimsby.
4.14.2. Plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connection line to the sewage system, shall be
maintained in good working order and free from leaks and defects. All
water pipes and appurtenances thereto shall be protected from freezing.
Plumbing fixtures and piping shall conform to the Ontario Building Code.
4.14.3. Waste pipes shall be connected to the sewage system through
water seal traps shall be corrected in a manner as required by the Town
of Grimsby.
4.14.4. 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 cold or hot water, readily accessible for cleansing and
free from blemishes or cracks or other defects that may harbour germs
or impede thorough cleansing.
4.15. Toilet and Bathroom Facilities
4.15.1. Non-residential buildings shall have a minimum of one toilet and one
wash basin supplied with running water located in an enclosed room
and conveniently accessible to the employees. 4.15.2. Every dwelling
unit except as otherwise provided shall contain bathroom plumbing
fixtures consisting of at least one water closet, one wash basin and one
bathtub or shower.
4.15.3. All bathrooms and toilet rooms shall be located within and be
accessible from within the dwelling unit.
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4.15.4. All bathrooms and toilet rooms shall be fully enclosed and with
a door capable of being closed so as to provide privacy for the
occupant.
4.15.5. The washbasin may be located in the same room as the water
closet or in an immediately adjoining room.
4.15.6. The occupants of two dwelling units each containing not more than
two habitable rooms may share toilet and bathroom facilities provided
that access to the facilities can be gained without going through rooms
of another dwelling unit, along an unheated corridor or outside the
building containing the dwelling units.
4.16. Kitchens
4.16.1. Every self-contained dwelling unit shall contain a kitchen area
equipped with cupboards for storing food, a counter top work area,
space for a stove and refrigerator, and a sink supplied with hot and cold
running, water. Cupboards are to be maintained in good repair at all
times.
4.16.2. Every kitchen shall have provided an adequate and approved
gas, electrical or other fuel supply for cooking purposes.
4.16.3. Counter top work areas shall be impervious to moisture and grease,
be kept in good repair and free from defects that may harbour germs or
impede thorough cleansing.
4.17. Heating Systems
4.17.1. Where persons are employed in duties and operations in an enclosed
space or room within a non-residential building and not engaged in
active physical activity, a heating system shall be provided which is
capable of maintaining an adequate and suitable supply of heat.
4.17.2. No room heater shall be so placed as to cause fire hazard to walls
and any other equipment or to impede the free movement of persons
within the room where the heater is located.
4.17.3. Every dwelling unit shall be provided with a heating system capable
of maintaining an adequate and suitable supply of heat as per Town of
Grimsby Heating By-law.
4.17.4. The heating system required by Sub-Sections 4.17.1 and 4.17.3 shall
be maintained in good working condition so as to be capable of heating
the building safely to the required standard.
4.17.5. All heating apparatus or equipment involving combustion shall be
properly connected and sealed to an approved chimney or flue.
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4.17.6. All cooking apparatus or equipment involving combustion, which
requires a connection to a chimney or flue, shall be properly connected
to a chimney or flue by a sealed connection.
4.17.7. All connections between such equipment burning gaseous or liquid
fuel shall be maintained in good repair.
4.17.8. In buildings having more than one non-residential unit or combination
of non-residential and residential units with a central heating system,
the same shall be located in a separate room having walls, ceiling and
doors with a fire resistance rating of not less than one hour.
4.17.9. A space that contains a heating unit shall have natural or mechanical
means of supplying air in such quantities to provide adequate
combustion.
4.17.10. Where a heating system, or part of it, or any auxiliary heating
system, bums solid or fuel shall be provided, maintained and property
constructed so as to be free from fire or accident hazards. A minimum
of five feet clearance is required between fuel oil storage tanks and
burners and only approved type storage tanks shall be used.
4 .17 .11. Any mechanism or structure used in the process of burning fuel
or combustible material shall be properly vented to a duct leading to an
approved chimney.
4 .17 .12. Every chimney, smoke pipe, flue and gas vent, actually in use or
available for use on a building shall be maintained so as to prevent the
escape of gases into the building.
4.17.13. Every chimney, smoke pipe, flue and gas vent, actually in use or
available for use shall be kept clear of obstruction, all open joints shall
be sealed, and all broken and loose masonry shall be repaired.
4.17 .14. Every chimney, smoke pipe, flue and gas vent shall be installed and
maintained so that under all conditions of use, the temperature of any
combustible material adjacent thereto, insulated therefrom or in contact
therewith, does not exceed a safe temperature.
4.17 .15. Fireplaces and similar installations used or intended to be used for
burning fuels in open fires shall be connected to approved chimneys,
smoke pipes, flues and gas vents and shall be installed so that nearby
or adjacent combustible material and structural members shall not be
heated so as to exceed a safe temperature.
4.18. Electrical Service
4.18.1. The electrical wiring and all electrical fixtures located or used in a
building shall be installed and maintained in good working order and
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free of defects in accordance with regulations set by the Power
Corporation Act and amendments thereto.
4.18.2. Every dwelling unit shall be wired for electricity and lighting
equipment shall be installed throughout to provide sufficient illumination
to avoid health or accident hazards in normal use, provided that the
lighting shall not be positioned so as to cause any impairment of the use
or enjoyment of neighbouring properties.
4.18.3. Every habitable room and kitchen in a dwelling shall have at least one
electrical duplex outlet for each 120 square feet of floor space; for each
additional 100 square feet of floor space an additional duplex outlet
shall be provided.
4.18.4. Non-residential areas of a building shall contain sufficient electrical
duplex outlets consistent with the requirement of the Electrical Safety
Authority.
4.18.5. Fuses or overload devices shall not exceed limits set by the Electrical
Safety Authority.
4.18.6 Extension cords shall not be used as a source of energy on a
permanent basis.
4.18.7. All air conditioners shall be equipped with proper devices for the
prevention of condensation drainage upon public sidewalks
4.18.8. All electrical appliances shall be maintained in a safe mechanical and
electrical condition.
4.19. Lighting
4.19.1. In non-residential buildings, sufficient windows, skylights and
electrical lighting fixtures shall be provided and maintained in order to
furnish illumination of at least five foot-candles in all passageways and
stairways whenever the building is in use, and at least one foot-candle
in all stairways provided for use in case of fire or other emergency.
4.19.2. Every habitable room of a dwelling, except a kitchen, bathroom, toilet
room and basement, shall have a window or windows, skylights or
translucent panels that face directly to the outside, at least 6 inches
above the adjoining finished grade, with an unobstructed light
transmitting area not less than ten percent of the floor area of such
rooms. The glass area of a sash door may be considered as a portion of
the required window area.
4.19.3 An adequate and safe illuminating device shall be installed in every
bathroom, toilet room, laundry room, furnace room and kitchen.
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4.19.4. All halls and stairs in dwellings shall be lighted by a minimum of 4.6
foot-candles of light. Standby lighting shall be provided to average
levels of at least 0.9 foot-candles at floor level in exits and corridors
used by the public.
4.19.5. In multiple dwellings, multiple use buildings and non- residential
buildings, every exit door to the outside shall have an illuminated exit
light and illumination must be provided for all exterior stairways from top
floor levels to grade.
4.20. Ventilation
4.20.1. Every habitable room shall be provided with either natural ventilation
or a mechanical ventilation system in accordance with the Ontario
Building Code.
4.20.2. Every bathroom or toilet room shall be provided with either natural
ventilation or a mechanical ventilation system in accordance with the
Ontario Building Code.
4.20.3. All systems of mechanical ventilation shall be maintained in good
working order.
4.20.4. All enclosed spaces including basements, cellars, attics or roof space
and crawl spaces, shall be adequately vented to the outside air.
4.21. Fire Prevention Equipment
4.21.1. Fire prevention equipment shall be maintained in good working order
so as to effectively perform their intended function and installed in
accordance with the Ontario Building Code.
4.22. Elevators
4.22.1. Elevators shall be maintained in a safe condition and in good working
order and in accordance with all governing Provincial Regulations.
4.23. Egress
4.23.1. In non-residential buildings, there shall be provided an adequate
egress from every floor area in accordance with the Ontario Building
Code.
4.23.2. Every dwelling and every dwelling unit shall have a means of egress
capable of providing safe, continuous and unobstructed exit from the
interior of the building to the exterior at street or grade level.
4.23.3. In all multiple dwellings and converted dwellings, there shall be an
adequate means of egress to grade level available to all dwelling units
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located within the building in accordance with the Ontario Building
Code.
4.24. Occupancy Standards
4.24.1 No person shall use or permit the use of a non-habitable room in a
dwelling for a habitable room purpose.
4.42.2. The maximum number of occupants in a dwelling unit shall not
exceed one person per 100 square feet of habitable room floor area.
4.24.3. For the purpose of computing the number of occupants in Sub-
section 4.24.2, any child less than one year of age shall be deemed
one-half person.
4.24.4 For the purpose of computing the habitable room space in Sub-section
4.24.2, the floor area under a ceiling, which is less than five feet high,
shall not be counted.
4.24.5. Every room used for sleeping purposes in a dwelling or a dwelling
unit shall provide a minimum floor area of at least 60 square feet with
not less than 40 square feet for each additional occupant, provided that
for the purpose of this Sub- section, two children under the age of six
years may be counted as one person.
4.24.6. No portion of a building shall be occupied if it does not meet the
requirements of this By-law.
4.25. Graffiti
4.25.1. Objectionable markings, graffiti, or other defacement of fences,
retaining walls and structures appurtenant to a property shall be
removed and the surface restored.
5. Vacant Buildings
5.1. The owner 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 half-inch or thicker
weatherproof sheet plywood painted a colour compatible with the
surrounding walls and securely fastened by nails or screws.
5.2. No partially or completely vacant building shall remain boarded up for a
period longer than 60 days. After the said 60 days or an alternate time
period set by the Property Standards Officer, the owner or agent or
other person responsible, shall forthwith make the necessary repairs to
make it fit for a dwelling or other authorized uses in accordance with the
Town of Grimsby Zoning By-law.
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5 .3. Where a vacant building is not maintained in accordance with these
standards it shall be removed from the property and the land or
waterfront property left in a graded and level condition.
6. Heritage Properties
6.1. General
6.1.1. In addition to the minimum standards for the maintenance and
occupancy of Property set out elsewhere in this by-law, the Owner or
Occupant of a Part IV or a part V Heritage Property shall:
6.1.1.1. maintain , preserve and protect the Heritage Attributes so as
to maintain the heritage character, visual and structural heritage
integrity of the building or structure.;
6.1.1.2. maintain the Property in a manner that will ensure the protection
and preservation of the heritage values and attributes; and
6.1.1.3. obtain a heritage permit from Council prior to performing required
work or causing any required work to be performed under this section
of the by-law.
6.2. Repair of Heritage Attributes
6.2.1. Despite any other provisions of this by-law, where a Heritage Attribute
or a part IV or Part V Heritage Property can be repaired, the Heritage
Attribute shall not be replaced, instead shall be repaired:
6.2.1.1. in such a manner that minimizes the damage to the Heritage
Attributes and values and maintains the design, colour, texture, grain
or other distinctive features of the Heritage Attribute;
6.2.1.2. using the same types of material as the original and in keeping
with the design, colour, texture, grain and any other distinctive
features of the original; and
6.2.1.3. where the same types of material as the original are no longer
available, alternative types of material that replicate the design,
colour, texture, grain or other distinctive features and appearance of
the original material may be used if approved by Council.
6.3. Replacement of Heritage Attributes
6.3.1. Despite any other provisions of this by-law, where a Heritage
Attribute of a part IV or Part V Heritage Property cannot be repaired,
the Heritage Attributes shall be replaced:
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6.3.1.1. in such a manner as to replicate the design, colour, texture, grain
and other distinctive features and appearance of the Heritage
Attribute, using the same types of material as the original; and
6.3.1.2. where the same types of material as the original are no longer
available, alternative types of material that replicate the design,
colour, texture, grain or other distinctive features and appearance of
the original material may be used, if approved by Council.
6.4. Clearing and Levelling of Heritage Properties
6.4.1. Despite any other provisions of this by-law or the Building Code Act,
1992, no building or structure located on a part IV or Part V Heritage
Property may be altered, demolished, removed or relocated except in
accordance with the Ontario Heritage Act.
6.5. Vacant Heritage Properties
6.5.1. Where a Part IV or a Part V Heritage Property remains vacant for a
period of 90 days or more, the Owner shall ensure that appropriate
utilities serving the building are connected as required in order to
provide, maintain, and monitor proper heating and ventilation to prevent
damage to the Heritage Attributes.
6.5.2. The Owner of a vacant Part IV or Part V Heritage Property shall protect
the building and property against the risk of fire, storm, neglect,
intentional damage or damage by other causes by effectively preventing
the entrance of the elements, unauthorized personas or the infestation
of pests by boarding up and securing any openings to the building.
6.5.3. All boards used for boarding or securing any opening to a Part IV or
Part V Heritage Property shall be installed from the exterior and shall be
properly fitted in a watertight manner, and fit in such a manner so that
all exterior trim and cladding remains uncovered and undamaged by the
boarding;
6.5.4. All boards used for boarding or securing any opening to a Part IV
or Part V Heritage Property shall be fastened securely in a manner that
minimizes damage to the Heritage Attributes;
6.5.5. All boards used for boarding or securing any opening to a Part IV or
Part V Heritage Property shall be painted in a manner to reflect the
panes of glass, frames and muntins that were or are found on the
opening that is being boarded over. The panes of glass shall be painted
in matt black and the window frames and muntins shall be painted in a
colour which matches that of the original opening;
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6.5.6. All boards used for boarding or securing any opening to a Part IV or
Part V Heritage Property not located in a window or door opening shall
be painted or otherwise treated so that the colour blends with the
exterior of the building or structure.
6.6. Conflict
6.6.1. If there is a conflict between this section and any other provision in By-
law No. 15-17, or any other Town By-law, the provision that establishes
the highest standard for the protection of heritage attributes shall
prevail.
7.
Administration and Enforcement
7.1. Officers and Inspectors
7 .1.1. The person or persons appointed as Property Standards Officers for
the Corporation of the Town of Grimsby shall be responsible for the
administration and enforcement of this By-law.
7 .1.2. Any Building Inspector, Plumbing Inspector of the Corporation, any
Public Health Inspectors of the Region of Niagara Health Unit and any
Inspector of the Fire Department of the Corporation are hereby
authorized to act as an assistant to the Property Standards Officer from
time to time.
7 .1.3. The Property Standards Officer and any person acting under his or
her instruction may at all reasonable times and upon producing proper
identification enter and inspect any property.
7.1.4. The Property Standards Officer and any person acting under his or her
instructions shall not enter any room or place actually used as a
dwelling without compliance with Section 17 .1 of the Building Code Act
or under the authority of a search warrant issued under Section 21 of
the Building Code Act.
7.2. Notice Prohibiting Use of Property
7 .2.1. The Property Standards Officer may issue a notice prohibiting the
use of property that does not conform to the standards of this By-law.
7.2.2. The Property Standards Officer may cause a placard to be placed on
the exterior of any building that does not conform to the standards
contained in this By-law. The placard shall state the particulars of the
non-conformity and that the use of the property is prohibited until it
conforms to the standards set by this By-law. No person shall pull down
or deface any such placard.
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7.3. Orders
7.3.1. An Officer who finds that a property does not conform with any of the
standards may make and serve or cause to be served upon or send by
prepaid Registered Mail to such a person an order containing;
7.3.1.1. The Municipal address or legal description of such property;
7.3.1.2. Reasonable particulars of the repairs to be effected or a statement
that the site is to be cleared of all buildings, structures, debris or
refuse and left in a graded and leveled condition, the period in
which there must be a compliance with the terms and conditions of
the order and notice that, if such repair or clearance is not done
within the time specified in the order, the Municipality may carry
out the repair or clearance at the expense of the owner;
7.3.2. A notice or an order under Sub-section 7.2.1 or 7.3.1 when sent by
Registered Mail shall be sent to the last known address of the party or
parties involved and shall be confirmed five (5) days from the date of
mailing.
7.3.3. If the Officer is unable to effect service Under Sub-section 7.3.1, he or
she shall place a placard containing the terms of the order in a
conspicuous place on the property and placing of the placard shall be
deemed to be sufficient service of the order on the owner or other
persons.
7.3.4. An order under Sub-section 7.3.1 may be registered in the proper Land
Registry Office and upon such registration any person acquiring any
interest in the land subsequent to the registration of the order shall be
deemed to have been served with the order on the date on which the
order was served under Sub-section 7.4.l and when the requirements of
the order have been satisfied, the Clerk of the Municipality shall
forthwith register in the proper Land Registry Office a certificate that
such requirements have been satisfied, which shall operate as a
discharge of such order.
7.4. Emergency Powers
7.4.1. Notwithstanding any other provisions of this By-law, if upon inspection
of a property, the Officer is satisfied there is a non-conformity with the
standards prescribed in the By-law to such extent as to pose an
immediate danger to the health or safety of any person, the Officer may
make an order containing particulars of the non-conformity and
requiring remedial repairs or other work to be carried out forthwith to
terminate the danger.
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7.4.2. After making an order under Section 7.4.1, the Officer may either
before or after the order is served, take or cause to be taken any
measures he or she considers necessary to terminate the danger and
for this purpose the Municipality has the right, through its servants and
agents to enter upon the property from time to time.
7.4.3. The Officer, Municipality or anyone acting on behalf of the Municipality
is not liable to compensate the owner, occupant or any other person by
reason of anything done by or on behalf of the Municipality in the
reasonable exercise of its power under Sub-section 7.4.2.
7.5. Responsibility of Occupant
7.5.1. Notwithstanding the responsibility of the owner, where the
maintenance of any property affected by this By-law is, by the written
terms of a lease or an agreement for occupancy, made the
responsibility of the occupant, the Property Standards Officer may
require the occupant to repair and maintain the property to the
satisfaction of the Property Standards Officer in accordance with the
particulars of the repairs set forth in the order.
7.6. Property Standards Committee
7 .6.1. The Committee of Adjustment shall be appointed as the Property
Standards Committee for the Town of Grimsby.
7.6.2. Members of the Committee shall hold office for the Term of
Council and shall hold office until members of Council appoint new
members.
7.6.3. When a member ceases to be a member before the expiration of the
term, Council shall appoint another person for the expired portion of the
term.
7.6.4. A member of Council or an Employee of the Municipality is not eligible
to be a member of the Committee, but a teacher employed by a Board
of Education or School Board is not deemed to be an 'Employee' for the
purpose of this section.
7.6.5. The Members of the Committee shall be paid such compensation
as the Council may provide.
7 .6.6. The Members of the Committee shall elect one of themselves as
Chair, and when the Chair is absent through illness or otherwise, the
Committee may appoint another member to act as Chair pro tempore
and shall make provision for a Secretary for the Committee and any
Member of the Committee may administer oaths.
7.6.1 Amended
by By-law 24-41
7.6.4 Amended
by By-law 24-41
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7.6.7. The Secretary shall keep on file minutes and records of all applications
and the decisions thereon and of all other official business of the
Committee and Section 74 of the Municipal Act applies mutatis
mutandis to such documents.
7 .6.8. A majority of the Committee constitutes a quorum and the Committee
may adopt its own rules of procedure but before hearing an appeal
under Sub-section 7.8.1 shall give notice or direct that notice be given
of such hearing to such persons as the Committee considers should
receive such notice.
7.7. Appeals
7.7.1. When the owner or occupant upon whom a notice has been served in
accordance with Section 7.3 is not satisfied with the terms or conditions
of the order, he may appeal to the Committee by sending notice of
appeal by Registered Mail to the Secretary of the Committee within
fourteen days after service of the order, and in the event that no appeal
is taken, the order shall be deemed to have been confirmed.
7. 7 .2. Where an appeal has been taken, the Committee shall hear the
appeal and shall have all the powers and functions of the Officer and
may confirm the order to demolish or repair or may modify or rescind it
or extend the time for complying if the general intent and purpose of the
By-law and of the Official Plan or policy statement are maintained.
7.7.3. The Municipality in which the property is situated or any owner,
occupant or person affected by a decision under Sub-section 7.7.2 may
appeal to a Judge of the Ontario Court (General Division) by notifying
the Clerk of the Corporation in writing and by applying for an
appointment within fourteen days after the sending of a copy of the
decision.
7.7.4. The Judge shall, in writing, appoint a day, time and place for the
hearing of the appeal and in his or her appointment may direct that it
shall be served upon such persons and in such manner as he or she
prescribes.
7. 7 .5. The appointment shall be served in the manner prescribed by the
Judge, and;
7.7.6. The Judge on such appeal has the powers and functions as the
Committee.
7.7.7. The order, as deemed to have been confirmed pursuant to Sub-section
7. 7 .1, or as confirmed or modified by the Committee pursuant to Sub-
section 7.7.2, or in the event of an appeal to the Judge pursuant to Sub-
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section 7.7.3, as confirmed or modified by the Judge, shall be final and
binding upon the owner, occupant or persons affected by the decision,
who shall make the repair or effect the demolition within the time and in
the manner specified in the order.
7.8. Power of the Corporation to Repair
7 .8.1. If the owner or occupant of a property fails to demolish the property or
to repair in accordance with an order as confirmed or modified, the
Corporation of the Town of Grimsby in addition to all other remedies;
7.8.1.1. Shall have the right to demolish or repair the property accordingly
and for this purpose with its servants and agents from time to time
enter in and upon the property and;
7.8.1.2. Shall not be liable to compensate such owner, occupant or any
other person having an interest in the property by reason of anything
done by or on behalf of the Corporation of the Town of Grimsby
under the provisions of this Sub-section.
7.9. Municipal Lien
7.9.1. The municipality Shall have a lien on the land for the amount spent on
the repair or demolition under Sub-section 7.8.1 and the amount shall
be deemed to be municipal real property taxes and may be added by
the Clerk of the municipality to the collector's roll and collected in the
same manner and with the same priorities as municipal real property
taxes.
7.10. Certificate of Compliance
7.10.1. Following the inspection of a property, the Officer may, and on the
request of the owner shall, issue to the owner a Certificate of
Compliance if, in his or her opinion, the property is in compliance with
the standards. When such a certificate is issued at the request of the
owner, the fee shall be $50.00.
7.11. Penalty
7 .11.1. Every person who contravenes any provisions of this By-law is guilty
of an offence and upon conviction is liable to a fine of not more than
$25,000.00 for a first offence and to a fine of not more than $50,000.00
for any subsequent offence.
7.11.2. Notwithstanding Sub-section 7.11.1, if a Corporation is convicted of
an offence under Sub-section 7 .11.1, the maximum penalty that may
By-Law 15-17
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be imposed upon the Corporation is $50,000.00 for a first offence and
$100,000.00 for any subsequent offence.
7 .11.3. For the purposes of Sub-sections 7 .11.1 and 7 .11.2, an offence is a
subsequent offence if there has been a previous conviction under the
Building Code Act.
7.12. Validity
7.12.1. If any section of this By-law is for any reason held to be invalid,
the remaining sections shall remain in effect until repealed.
7.12.2. Where a provision of this-By-law conflicts with the provisions of another By-
law in force in the Town, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public prevails.
7.12.3. This By-law shall come into force and take effect upon its
passing.
7.12.4. That By-law 01-79 being a By-law prescribing Property Standards in the
Town of Grimsby and 04-11 being a By-law to amend By-law 01-79 be and
are hereby repealed.
Read a first time this 17 th day of February, 2015.
Read a second and third time and finally passed this 17th day of February, 2015.