Property Standards By-law No. 23-162 (Consolidated, Nov 2025) — full text

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Consolidation Update: November, 2025 CITY OF HAMILTON By-law No. 23-162 Being a By-law to Prescribe Standards for the Maintenance and Occupancy of Property and to Repeal By-law No. 10-221 OFFICE CONSOLIDATION This By-law is a consolidated version and includes amendments made by the amending by- laws listed on the following page. This consolidation is prepared for purposes of convenience only and is not the official or legal version of the By-law. For accurate reference to the By-law, certified copies should be obtained through the City Clerk's Office. Page 2 of 38 Consolidated By-law No. 23-162 Incorporating amendments made by: By-law No. Effective Date: 24-058 April 24, 2024 Amendments to subsection 31(7) 25-171 September 17, 2025 Amendments to subsection 2(1) to add definitions and section 22 by replacing subsection 7 and adding subsections 8 and 9 respecting cooling appliances Page 3 of 38 CITY OF HAMILTON BY-LAW NO. 23-162 Being a By-law to Prescribe Standards for the Maintenance and Occupancy of Property and to Repeal By-law No. 10-221 WHEREAS Council of the City of Hamilton deems it desirable to establish standards for the maintenance and occupancy of certain properties, so that owners and occupants provide minimum standards for persons who may live at, attend or otherwise be affected by the condition of the properties; WHEREAS section 15.1(3) of the Building Code Act, 1992 authorizes the City of Hamilton to pass a by-law prescribing standards for the maintenance and occupancy of property; WHEREAS section 15.6(1) of the Building Code Act, 1992 provides for the establishment of a Property Standards Committee; and WHEREAS Part XII of the Municipal Act, 2001 and section 15.5 of the Building Code Act, 1992 authorize the City of Hamilton to charge fees for services and activities carried out under this By-law. NOW THEREFORE, the Council of the City of Hamilton enacts as follows: SHORT TITLE 1. This By-law may be referred to as the "Property Standards By-law" or the "Hamilton Property Standards By-law". DEFINITIONS AND INTERPRETATION 2(1) In this By-law: "appliances" means, but is not limited to, a stove, refrigerator, clothes washer, clothes dryer, dishwasher, air conditioner or a hot water tank; "basement" means that portion of a building from a floor to the underside of a ceiling that is located partially or entirely below the adjacent finished ground level; "building" means any structure used or intended to be used for Page 4 of 38 supporting or sheltering any use or occupancy; "Building Code" means the Building Code Act, 1992 and any regulations made under that Act; "City" means the municipality the City of Hamilton or the geographic area of the City of Hamilton as the context requires; "Commissioner" means the Commissioner of the Transportation and Works Department for the City or his/her designate; "Committee" means the Property Standards Committee established under this By- law; "Central Air Conditioning" is an appliance, and includes a permanently installed cooling system that delivers conditioned or cooled air to multiple rooms within a dwelling unit through a network of ducts, vents, or similar distribution methods; "debris" means the remains of anything broken or discarded; "Direct Lighting" means light emitted directly from the lamp of the reflector or luminaire onto the ground, or into or onto a building or structure; "Director" means the City's Director of Licensing and By-law Services and their designate or successor; "domesticated mouse or rat" means a mouse or rat: (a) kept as a pet by an occupant of a dwelling or dwelling unit, normally in an enclosed cage or container within the dwelling or dwelling unit; (b) cared for and fed by the occupant, which care includes clean up and removal of mouse or rat waste and soiled rodent bedding from the dwelling or dwelling unit and cage or container; and (c) kept in compliance with any applicable animal-control laws or bylaws; "dwelling", except in subsection 32(4) where it has the ordinary meaning given to the term, means a lodging house or residential care facility both as defined in the City's zoning by-laws; "dwelling unit" means a room or a suite of rooms used or intended to be used by one or more persons for the purposes of human habitation and to which an independent entrance is provided from outside the Page 5 of 38 building or from a common interior hallway vestibule or stairway but does not include a room or a suite of rooms in a lodging house, long- term care facility, hospital, hotel or residential care facility all as defined in the City's zoning by-laws; "farm" means an agricultural operation as defined in the Farming and Food Production Protection Act, 1998 and includes such an operation that is not carried on with the expectation of gain but otherwise meets the definition in that Act; "glare" means light emitting from a luminaire with intensity great enough to reduce a viewer's ability to see, or to produce sensation of discomfort; "guard" means a protective barrier, with or without openings through it, that is around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to· prevent accidental falls from one level to another; "habitable room" means a bedroom, living room, dining room, kitchen, family room, recreation room, basement, bath or shower room, toilet room, laundry room and any other room or space in a dwelling or dwelling unit used for living, eating or sleeping; "heritage attribute" means, in relation to real property, and to buildings and structures on real property, an attribute of the property, building or structure that contributes to its cultural heritage value or interest and that is defined or described: (a) in a by-law designating a property passed under section 29, Part IV of the Ontario Heritage Act and identified as a heritage attribute, reason for designation or otherwise; (b) in a Minister's order made under section 34.5, Part IV of the Ontario Heritage Act and identified as a heritage attribute or otherwise; (c) in a by-law designating a heritage conservation district passed under section 41, Part V of the Ontario Heritage Act and identified as a heritage attribute or otherwise; (d) in the supporting documentation required for a by-law designating a heritage conservation district, including but not limited to a heritage conservation district plan, assessment or inventory, and identified as a heritage attribute or otherwise; "Indirect Lighting" means light that has been reflected or has scattered off other surfaces; Page 6 of 38 "Light Trespass" means the shining of light produced by a luminaire beyond the boundaries of the property on which it is located; "Luminaire" means a complete lighting system, including a lamp or lamps enclosed in a housing complete with reflectors, refractors, etc.; "Medical Officer of Health" means the City's Medical Officer of Health or their designate; "Non-Central Air Conditioning" is an appliance, and includes any cooling appliance that is not Central Air Conditioning, including, but not limited to, window units, portable units, through-the-wall units, and ductless mini-split systems; "Nuisance" means anything that is injurious to health, indecent, offensive to any of the Senses, or results in the loss of enjoyment of normal use of property; "occupant" means any person or persons over the age of 18 years in possession of a property; "occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property; "officer" means a person appointed by the City of Hamilton or assigned by the Director to enforce this By-law and may include a Public Health Inspector or any other person assigned or appointed by the Medical Officer of Health to enforce that section; "owner" includes: (a) the person registered on title to the real property as the owner in fee simple; (b) the person for the time being, managing or receiving the rent of the property 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 receive the rent if the property were let; (c) 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; "Part IV heritage property" means real property, including all Page 7 of 38 buildings and structures thereon, which has been designated by the City of Hamilton or any of its former municipalities under section 29 of the Ontario Heritage Act, or which has been designated by the Minister under section 34.5 of the Ontario Heritage Act; "Part V heritage property" means real property, including all buildings and structures thereon, located within a heritage conservation district, which has been designated by the City of Hamilton or any of its former municipalities under section 41 of the Ontario Heritage Act; "person" includes an individual, sole proprietorship, partnership, limited partnership, trust, party or body corporate, and the personal or other legal representatives of a person to whom the context can apply according to the law; "pest" means any mouse, rat, bed bug, flea, wasp, hornet, ant or cockroach, but does not include any domesticated mouse or rat; "property" means a building or structure, or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls, and erections thereon, whether heretofore or hereafter erected, and also includes vacant property, a Part IV heritage property and a Part V heritage property; "property standards order" means an order made under subsection 29(1) of this By- law; "protective device" means any mechanical device designed for the purpose of inhibiting movement by latching or automatic engagement or in any other reasonable manner; "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 with the standards established in this By-law; "retaining wall" means a wall that holds back soil or loose material to prevent it from assuming the natural angle of repose at locations where a change in ground elevation occurs; "sanitary sewage" means liquid or water borne waste: (a) of industrial or commercial origin; or (b) of domestic origin, including human body waste, toilet or Page 8 of 38 other bathroom waste, and shower, tub, culinary, sink and laundry waste; "Senses" means a faculty by which the human body perceives an external stimulus and includes one or more of the faculties of sight, smell, hearing, taste and touch; "sewage system" means: (a) the City's system of storm sewers, sanitary sewers and combined sewers; or (b) a private sewage disposal system approved by the City's Chief Building Official or other responsible authority; "Special Event" includes festivals, carnivals, entertainment or advertising, which includes, but is not limited to that which may require City approval for specific event components, such as compliance with zoning regulations as well as related road access restrictions or congestion supervision; "storm water" means water that is discharged from a surface as a result of rainfall, snowmelt, snowfall or other precipitation; "visual barrier" means a barrier that acts as a screen consisting of: (a) a wall or fence; (b) a continuous planting of suitable and healthy trees or shrubs; (c) an earth berm; or (d) any combination of the above; "waste" means a substance or material that is unusable or unwanted; "water supply line" means the supply line or lines located on private lands which connect the plumbing system of a building to the municipal water system but does not include a water meter owned by the City; and "yard" means the land within the boundary lines of a property and not occupied by any principal building. 2(2) All measurements in this By-law are given the metric short form. SCOPE 3(1) The applicable standards for maintenance and occupancy of property set forth in this By-law are hereby prescribed as the minimum Page 9 of 38 standards for all property in the City of Hamilton. 3(2) No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this By-law. 3(3) The owner of any property which does not conform to the standards in this By-law shall repair and maintain the property to conform to the standards or shall clear the property of all buildings, structures or debris and shall leave the property in a graded and levelled condition, provided that no building or structure on a Part IV heritage property or a Part V heritage property shall be altered or cleared, including but not limited to removed, demolished or relocated, except in accordance with the Ontario Heritage Act. 3(4) This By-law does not apply so as to prevent a farm from carrying out a normal farm practice as provided for and defined under the Farming and Food Production Protection Act, 1998. GENERAL STANDARDS FOR ALL PROPERTIES 4(1) Except as may otherwise be specified in the sections, the standards, obligations and requirements in sections 4(3) through 26 both inclusive apply to all property. 4(2) Every building shall be kept free of any condition which constitutes a health or safety hazard. 4(3) Where, in the opinion of an officer, there has been no substantial progress on the construction or demolition of a building, structure or portion thereof for a period of more than one year, such building, structure, or portion thereof shall be: (a) demolished in accordance with all applicable statutes, regulations and by-laws; or, (b) completed within a reasonable time as specified by the officer, in accordance with all applicable statutes, regulations and by-laws, including this By-law. 4(4) A statement certified by the Chief Building Official or an officer that a permit issued under the Building Code Act, 1992 was revoked under clause 8(10)(c) of the Building Code Act, 1992 is receivable in evidence as proof, in the absence of evidence to the contrary, that there has been no substantial progress on the construction or demolition of the building, structure, or portion thereof that was the subject of the permit for a period of more than one year. Page 10 of 38 VACANT AND/OR DAMAGED BUILDINGS 5(1) In addition to complying with all other applicable provisions of this By-law, the owner of any building that is vacant or is damaged by accident, storm, fire, neglect or otherwise shall comply with this section. 5(2) Where any building is vacant or is damaged by accident, storm, fire, neglect or otherwise, the owner may be required to protect such building and adjoining properties against damage arising from the entry of unauthorized persons by closing and securing openings to the building. 5(3) For the purposes of subsection 5(2), doors, windows, hatches and other openings through which entry may be obtained are required to be maintained so as to properly perform their intended function and secured from unauthorized entry, or entry shall be prevented by closing and securing an opening with: (a) wood sheathing of at least 12.7 mm plywood which is weather resistant, completely covers the opening, is securely fastened to the building, and is painted in a manner conforming with subsections 28(3)(b), (c) or (d); (b) metal sheathing which is weather resistant, completely covers the opening, is, where possible, installed within the reveal of the exterior cladding, is securely fastened to the building and, is painted in a manner conforming with subsections 28(3)(b), (c) or (d); or, (c) brick or concrete block and mortar which completely covers the opening, is securely fastened to the building, and is painted in a manner conforming with subsections 28(3)(b), (c) or (d). 5(4) The options available in 5(3) shall be considered progressively more secure with (c) being the most secure, and the minimum standard imposed by subsection 5(3) shall be considered not to include the use of a less secure option which has, more than once, failed to exclude unauthorized entry. 5(5) At any time where there are circumstances to support a more secure option, including an option that is more secure than those listed in subsection 5(3), the owner shall supply such more secure option as may be required by a property standards order. 5(6) The exterior walls and other surfaces of a building that is vacant or is damaged by accident, storm, fire, neglect or otherwise shall be maintained so as to properly perform their intended function. Page 11 of 38 5(7) Where a building remains vacant for a period of more than 90 days, the owner shall ensure that all utilities serving the building, which are not required for safety or security are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjoining property. 5(8) Where any building is vacant or is damaged by accident, storm, fire, neglect or otherwise, and in the opinion of an officer or the Chief Building Official or an inspector appointed under the Building Code Act, 1992 it is not feasible to repair the building to the standards prescribed by this By-law without first demolishing the building or a portion of it, the owner shall demolish the building or portion of it that it is not feasible to repair within one year of it becoming so. LANDSCAPING, ETC. 6(1) Where features, including but not limited to building design and placement, site access and servicing, waste storage, parking, loading, landscaping, grading, drainage and storm water management, have been required by the City as a condition of development or redevelopment approval or, in the case of grading or drainage, by an approved grading plan, such features shall be repaired or maintained so as to ensure continuous compliance with the City development or redevelopment approval requirements or the approved grading plan. SWIMMING POOLS, TREES, WALKWAYS, PARKING LOTS, ETC. Swimming Pools 7(1) The water in a privately owned swimming pool shall be kept clean and in a sanitary condition free from obnoxious odours. Trees 7(2) A tree that is dead, or part of a tree that is dead, or in a decayed or damaged condition and that may be hazardous to persons or property, shall be removed. Walkways, Parking Lots, Etc. 7(3) The principal entrance of a building shall be accessed by a walkway leading to a road allowance or another hard-surfaced area, such as a driveway, leading to a road allowance. 7(4) Concrete wheel stops shall be installed where parking spaces are adjacent Page 12 of 38 to a property line to protect fences and adjoining properties from damage. 7(5) An area used for vehicle traffic or parking shall be paved with bituminous, concrete or equivalent surfacing or surfaced with crushed stone or other suitable and reasonably dust-free substance, and shall be maintained so as to properly perform its intended function. 7(6) The surfaces of walkways, driveways, parking lots and similar areas of a yard shall be maintained so as to afford safe passage under their normal use. 7(7) Crushed stone surfaces shall be maintained free of dust and spillover onto sidewalks or grass surfaces. GARAGES 8(1) A garage shall be so maintained as to prevent gas fumes and carbon monoxide from entering a dwelling or a dwelling unit. EXTERIOR LIGHTING 9(1) Lighting, including flood lighting, required as a condition of site development or redevelopment, shall be maintained so as to properly perform its intended function and in accordance with the recommended horizontal illuminance as set out under the I.E.S. Lighting Handbook (2000) as amended or replaced from time to time. 9(2) Subject to subsection 9(3), outdoor lighting and indoor lighting that can be seen outdoors shall be placed and maintained, or have a barrier placed and maintained, so as to prevent or block direct illumination of the interior of a dwelling or dwelling unit on adjoining property or any property in close proximity regardless of whether such dwelling or dwelling unit has or may have shades, drapes or other interior window coverings. 9(3) Subsection 9(2) does not: (a) apply to lighting located by a road authority; (b) apply to property owned or occupied by a municipal, provincial or federal government or authority; (c) require lighting used in conjunction with commercial, industrial, institutional, agricultural or recreational uses to be turned off at any time when the use is actually occurring, but may require the re-direction re-location or the placing of a barrier to comply with Page 13 of 38 subsection 9(2); and (d) require lighting used to illuminate any area for emergency, security or public safety purposes to be turned off any time the illumination is necessary for those purposes, but may require the re-direction, re- location or the placing of a barrier to comply with subsection 9(2). Light Nuisance 9(4) No person shall cause a Light Nuisance within the City without limiting the generality of the foregoing: (a) The use of laser source light, signal beacons, flood lights, spot lights, flashing lights or any other similar high intensity Luminaire that projects light onto adjacent private property is prohibited, notwithstanding the exemptions set out in subsections 9(5) to 9(11), below. (b) The use of strobe, twinkling or chasing lights for private purposes or for advertising or entertainment purposes on private property is prohibited, notwithstanding the exemptions set out in subsections 9(5) to 9(11), below. (c) No Direct Lighting or Indirect Lighting shall be used so that the unusual quantity or type of light creates a Glare or Light Trespass upon the land of others so as to be or to cause a Nuisance to the public generally or to others residing or carrying on a business or trade in the vicinity. Temporary Exemptions 9(5) Any Person may submit a written request on a form prepared by the City for a temporary exemption to the requirements imposed by this By-law by way of an application to the Commissioner. 9(6) The request for a lighting exemption for temporary events shall contain the following information: (a) Specific exemption requested; (b) Type and use of exterior light involved; (c) Date(s) of the event; (d) Duration of time for requested exemption; Page 14 of 38 (e) Proposed location of exterior light; (f) Physical size of exterior light; (g) Wattage of exterior light; (h) Height of exterior light; and (i) Proof of publication for two consecutive days within the preceding ten (10) days in a newspaper of general circulation within the City, of a Notice of Intention to apply for any exemption to this By-law, received or by the distribution of a flyer as prescribed by the City to all residences and businesses within a 100 metre radius of the subject property containing the information required by subsections (a) through (h) hereof, stating the date upon which objections may be submitted to City staff. 9(7) The owner of lands upon which it is intended to place and use prohibited light(s) for the purposes of a Special Event or other activity, shall apply to the Commissioner for a temporary exemption to the requirements imposed by this By-law certifying approval of the light(s). Plans for the location and fixture specifications for such light(s) shall be submitted with the application and application fee, and temporary exemption shall not be issued unless the light(s) shown on such plans comply with the provisions of all applicable bylaws of the City. 9(8) The Commissioner may grant an exemption, in whole or in part, with terms and conditions, subject to the provisions of this By-law. 9(9) In considering the completed application for any exemption, the Commissioner shall take into account the following: (a) If an exemption is granted, a time limit shall be specified, and an exemption shall not exceed six months; (b) The Commissioner shall consult with the affected Ward Councillor on an application for an exemption and the consultation shall include any terms and conditions that may be attached to an exemption; (c) Any correspondence received regarding the application as a result of the distribution of the notice or newspaper advertisement referred to in subsection 9.6(i); (d) The proximity of the light to a residential area and the likelihood that the light for which an exemption is requested may negatively affect persons in a residential area; Page 15 of 38 (e) Whether any negative impacts under subsection (c) or (d) can be reduced with the use of mitigation measures including limiting the light to certain days or times or times of the day. 9(10) A breach by the applicant of any of the terms or conditions imposed by the Commissioner in granting an exemption shall immediately render the exemption null and void. 9(11) Notwithstanding that the authority to grant an exemption is delegated to the Commissioner, and that he or she may have already exercised the delegated power, Council shall retain the right to exercise the authority to grant or deny an exemption in accordance with the conditions set out in subsection 9(9) of this By-law. STORM WATER, ETC. 10(1) Storm water, including storm water discharged from a roof, shall be drained so as to prevent recurrent standing water, erosion or other damage on the property or on an adjoining property. 10(2) Discharge from a sump pump or an air conditioner shall not be permitted to discharge on adjoining property, a sidewalk, road allowance or stairway. 10(3) An eavestrough or downspout shall be maintained: (a) watertight and free from leaks; (b) free from any obstructions; (c) in a stable condition, securely fastened to the building or structure it drains; and (d) so as to properly perform its intended function. FENCES, BARRIERS AND RETAINING WALLS 11(1) A fence, barrier, including a visual barrier, or retaining wall shall be maintained so as to properly perform its intended function. 11(2) (a) The owner of a property with a building containing three (3) or more dwelling units, used as a dwelling or used for commercial, institutional or industrial purposes shall install and maintain a visual barrier between their property and an adjoining property where their property is used for: (i) the parking, access or egress of vehicles by tenants, employees or customers; (ii) the operation of equipment; Page 16 of 38 (iii) the storage of goods; or (iv) an exterior bulk or roll-off container disposal system. (b) A visual barrier under subsections 11(2)(a) shall be: (i) required for the uses listed in subsections 11(2)(a)(i), (ii), (iii) and (iv) to the extent that the uses can be seen from the finished ground level of the adjoining property; (ii) not less than 1.2 m in height for the uses listed in subsection 11(2)(a)(i), (ii) and (iii); (iii) not less than 2 m in height for the use listed in subsection 11(2)(a)(iv). (c) For the purposes of this subsection "adjoining property" means a property that: (i) contains at least one dwelling unit; and (ii) is not used for a commercial, institutional or industrial purpose, except if such purpose is a home business as defined in the City's zoning by-laws. (d) No visual barrier under subsection 11(2)(a) shall be required within 3 m of a front property line or in contravention of any other applicable by-law. 11(3) Where a zoning by-law, site plan or subdivision agreement entered into under the Planning Act requires a visual barrier, the requirement in such zoning by-law, site plan or subdivision agreement prevails in the event of a conflict with subsection 11(2). EXTERIOR OF BUILDINGS, STRUCTURES, FENCES AND RETAINING WALLS All Exteriors 12(1) All exterior surfaces of a building, structure, fence or retaining wall, including a mobile structure or building, shall be of materials which resist deterioration by the weather or have resistant coatings applied to them, except that a farm building may have unprotected wood surfaces. 12(2) An exterior wall, chimney, roof or other parts of a building, structure, fence or retaining wall, including a mobile structure or building, shall be free from loose or insufficiently secured, rotten, warped or broken materials and objects and such material and objects shall be removed, repaired or replaced. Page 17 of 38 Exterior of a Building 12(3) The exterior of a building shall be: (a) maintained to prevent the entry of vermin and birds; and (b) when opened or replaced during the course of alterations or renovations, shall be insulated in order to minimize heat loss, air infiltration and moisture condensation on the interior surfaces, in accordance with the Building Code. Exterior Wall 12(4) An exterior wall and its components and attachments shall be: (a) maintained to prevent their deterioration by painting, restoring or repairing the walls, coping or flashing or by waterproofing the wall itself; (b) repaired of vandalism or other damage including but not limited to broken windows. 12(5) A roof and its components and attachments including the fascia board, soffit, cornice and flashing shall be maintained to properly perform their intended functions including but not limited to being in a weather-tight condition able to prevent the leakage of water into the building; STRUCTURES, FOUNDATIONS AND BASEMENTS Structures 13(1) Every part of a property shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal or permitted use, and having a factor of safety as required by the Building Code. Foundations and Basements 13(2) A foundation wall or a basement or crawl space floor shall be maintained so as to properly perform its intended function. Foundations 13(3) Every building, unless of concrete slab-on-grade design, shall be upon either full foundation walls or piers, and all footings, foundation walls, and piers shall be of concrete, masonry, or other material acceptable Page 18 of 38 for construction under the provisions of the Building Code and shall be sound, reasonably plumb, and adequate to carry the loads imposed on them. Basements 13(4) A basement or crawl space shall be maintained in a watertight condition so as to prevent the leakage of water into the building. DOORS, WINDOWS, SECURITY SYSTEMS AND LOCKING ETC. All Doors, Windows, Etc. 14(1) (a) A door, window, hatch or other opening and its frame and any additional features relating to accessibility shall be maintained to properly perform its intended functions and repaired or replaced if damaged including but not limited to an exterior door, window, hatch or other opening and its frame being constructed to minimize drafts and heat loss through the infiltration of outside cold air. (b) For the purposes of subsection 14(1)(a) "damaged" includes but is not limited to: (i) rotted or missing weather-stripping, caulking or hardware; or (ii) broken or missing glass. 14(2) A lock on a door, window, hatch or other opening that is designed to be unlocked with a key or combination shall be maintained so as to properly perform its intended function and repaired or replaced if damaged. Doors 14(3) An exterior door or an entrance door to a dwelling. dwelling unit or a building containing more than three (3) dwelling units shall have hardware so as to be capable of being locked from the outside and locked or otherwise secured from the inside. Windows 14(4) An opening window shall have hardware so as to be capable of being locked or otherwise secured from the inside 14(5) A window in a dwelling or a dwelling unit designed to be open shall be fitted with screens so as to prevent the entrance of insects and rodents and such Page 19 of 38 screens shall be maintained so as to properly perform their intended function. 14(6) (a) Upon the written request of an occupant of a dwelling unit in which children under the age of 10 years are occupants, the owner of the dwelling unit shall subject to subsection 14(6)(b), provide and install a protective device on any window that: (i) has a moveable sash; and (ii) is more than 1.8 m above the adjacent finished ground level. (b) The protective device under subsection 14(6)(a) shall be installed within seven (7) days of the delivery of the written request to the owner, the owner's agent or the building's manager or superintendent, provided that such person and the occupant giving notice may agree that the protective device is not required on every such window that meets the requirements of subsection 14(6)(a). (c) The protective device under subsection 14(6)(a) shall be installed and secured in such a manner as to prevent opening of a window to any amount greater than 100 mm. (d) Where protective devices have not been installed on all of the windows of a dwelling unit that: (i) have a moveable sash; and (ii) are more than 1.8 m above the adjacent finished ground level, the owner of the dwelling unit, if the owner is not an occupant of the dwelling unit, shall post or display a legible and clearly printed copy of subsection 14(6), conspicuously placed in the dwelling unit or the building containing the dwelling unit so as to be clearly visible to the occupants of the dwelling unit. Intercoms and Security Locking 14(7) In multiple dwellings where a voice communications system between each dwelling unit and the front lobby and a security locking and release facilities for the entrance have been provided and are controlled from each dwelling unit, such facilities shall be maintained in good repair. STAIRWAYS, LANDINGS, BALCONIES, PORCHES, COMMON AREAS ETC. Means of Access or Egress Page 20 of 38 15(1) An exterior or interior stairway, landing, balcony, porch, ramp or other means of access or egress shall be maintained so as to be free of holes, cracks and other defects which may constitute a possible safety hazard. All Exterior Stairways, Landings, Balconies and Porches 15(2) An exterior stairway, landing, balcony, porch or ramp shall be kept free of furniture or appliances, except for outdoor furniture on an exterior balcony or porch. Treads and Risers 15(3) A tread or riser of an exterior or interior stairway that shows excessive wear or is broken, warped or loose and all supporting structural members that are rotted or deteriorated shall be repaired or replaced. Guards, Handrails and Partial or Short Walls 15(4) (a) An exterior stairway with more than three (3) risers and less than seven (7) risers or an interior stairway in a dwelling or dwelling unit with more than two (2) risers shall have at least one handrail sufficient to prevent an accidental fall and such handrail shall be repaired or replaced if damaged. (b) Despite subsection 15(4)(a), an exterior stairway with more than three (3) risers and less than seven (7) risers may have a partial or short wall, on either side sufficient to prevent an accidental fall off the side of the exterior stairway and such partial or short walls shall be repaired or replaced if damaged. (c) Where access is provided for other than maintenance purposes: (i) an exterior stairway with more than six (6) risers; or (ii) a landing, porch, balcony, mezzanine, gallery, raised walkway, roof or deck, with a difference in elevation at any point from the adjacent finished ground or a floor of more than 600 mm shall be protected by Building Code compliant guards on all open sides sufficient to prevent an accidental fall. Common Areas Page 21 of 38 15(5) All interior common areas and exterior common areas shall be kept clean and free of hazards. 15(6) For the purpose of subsection (5), "interior common areas" includes, but is not limited to, laundry rooms, garbage rooms, corridors, lobbies, vestibules, boiler rooms, parking garages, storage areas, stairways, mail collection areas, and recreation rooms. INTERIOR STRUCTURAL COMPONENTS, FLOORS, CEILINGS AND WALLS Structural Components 16(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. Floors, Ceilings and Walls 16(2) A floor, ceiling or wall shall be: (a) kept free from water penetration and from dampness arising from the entrance of moisture through an exterior wall or roof or through a basement or crawl space; and (b) maintained in a condition free from mould or from conditions that may cause mould to accumulate. Floors 16(3) A basement shall have a floor of concrete, or other material acceptable under the Building Code, to ensure water drainage and to guard against the entry of vermin. 16(4) A 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. 16(5) Where a floor has been covered with a sheet or vinyl floor covering or other flooring that has become worn or torn so that it retains dirt or may create an unsafe condition, the sheet or vinyl flooring or other floor covering shall be repaired or replaced comparable in design and colour with adjoining decorative finishing materials. 16(6) A bathroom, kitchen, laundry or shower room shall have a floor covering of water- resistant material. Page 22 of 38 Ceilings and Walls 16(7) A wall or ceiling shall be maintained in a condition free from holes, open cracks, loose coverings or other substantial defects. 16(8) Any repair or replacement to a wall or ceiling shall have a similar finish to that of the original covering and comparable to the surrounding finishes. INTERIOR LIGHTING 17(1) A stairway, exterior exit and entrance doorway, bath or shower room, toilet room, kitchen, corridor, basement, laundry room and utility room in a building shall have permanently installed working lighting that shall be maintained so as to properly perform its intended function. 17(2) A hallway, stairway, common area and underground parking area shall be illuminated so as to provide safe passage. VENTILATION 18(1) Natural or mechanical ventilation of a room or space in a building shall be Building Code compliant, regularly cleaned, and maintained so as to properly perform its intended function. 18(2) A vent shall be designed and maintained to prevent the entry of rain, snow and vermin. HEATING SYSTEMS Heating Systems 19(1) A heating system shall be installed that is capable of supplying during normal hours of occupancy of the building sufficient heat to maintain a temperature of not less than 20° C measured at 1.5 m above floor level and 1 m from exterior walls in all habitable rooms not including a habitable room not used frequently or for extended periods for living, eating or sleeping. 19(2) A heating system shall be operated and maintained: (a) so as to properly perform its intended function; (b) free from unsafe conditions. 19(3) No furnace or boiler shall be located in a hallway or other means of Page 23 of 38 access or egress. 19(4) Except in the event of an emergency, no occupied building shall be equipped with portable heating equipment as the primary source of heat. 19(5) A heating system that is designed to burn solid or liquid fuel shall be provided with a properly constructed and located receptacle for fuel storage or a place for fuel storage so as to be free from fire or accident hazard. Chimneys, Flues and Vent Pipes 19(6) A chimney, flue or vent pipe shall be maintained so as to prevent gases from leaking into a building and maintenance shall include cleaning obstructions, filling open joints and repairing masonry. 19(7) Fuel burning appliances or equipment used in a building shall be properly vented to the outside air by means of a Canadian Standards Association approved or Building Code or Gas Utilization Code compliant chimney, flue or vent pipe. ELECTRICAL SERVICES 20(1) An electrical service shall comply with the Ontario Electrical Safety Code as enforced by the Electrical Safety Authority. PLUMBING SYSTEMS Plumbing Systems and Fixtures 21(1) The plumbing system and every plumbing fixture in a building shall be maintained so as to properly perform its intended function and free from leaks and defects. 21(2) All piping used to supply or drain water and all appurtenances thereto shall be protected from freezing. 21(3) A plumbing fixture connected to the sewage system shall be connected through a water seal trap. 21(4) Sanitary sewage shall be discharged into the City sanitary sewer system where such a system exists, and elsewhere sanitary sewage shall be disposed of in a manner in accordance with the Building Code requirements for on-site sewage systems. Hot and Cold Water Page 24 of 38 21(5) A building to which water is available under pressure through piping shall be provided with: (a) piping for hot water, at a temperature of not less than 43° C, and cold water connected to every kitchen, bath or shower room, or laundry room plumbing fixture; and (b) piping for cold water connected to every toilet and hose bib. Dwellings and Dwelling Units 21(6) (a) A dwelling or dwelling unit shall be provided with an approved supply of potable water from at least one of the following sources: (a) the City water system; (b) a communal water system; or (c) a private source. 21(7) (a) A lodging house shall contain at least the following working plumbing fixtures: (i) a hand wash basin; (ii) a toilet; and (iii) a bathtub or shower. (b) A residential care facility or a dwelling unit shall contain at least the following working plumbing fixtures: (i) a kitchen sink; (ii) a toilet; (iii) a hand wash basin; and (iv) a bathtub or shower. 21(8) In addition to any other requirements of this By-law, when a building is connected to the City water system, the following standards shall apply: (a) The water supply line shall be maintained so as to properly perform its intended function and free from leaks and defects; (b) The water supply line shall not include any materials that contain lead; and, (c) Subsection (b) shall not apply if the water supply line connects to a portion of the City water system that itself is constructed of materials that contain lead. Page 25 of 38 KITCHENS AND BATH OR SHOWER ROOMS AND TOILET ROOMS Kitchens 22(1) A kitchen shall contain: (a) a sink serviced with potable running water and a splash back which are water and grease resistant; (b) a work surface of at least .74 m2, which is impervious to grease and water; (c) storage facilities for food, dishes and cooking utensils having an interior capacity of at least .8 m3, of sufficient strength that they will not collapse, tip or, if fastened to a wall, become detached when filled; (d) space sufficient to accommodate a cooking range or countertop cooking unit and refrigerator without placing such cooking range, countertop cooking unit or refrigerator in a location that provides access to or egress from the kitchen; and (e) every cupboard, kitchen fixture and fitting shall be maintained in a state of good repair and working order. Bath or Shower Rooms and Toilet Rooms 22(2) The floor and the walls to a minimum height of 0.9 m above the floor or bathtub of every bath or shower room and toilet room shall be water- resistant and readily cleaned. 22(3) Every bath or shower room and toilet room shall: (a) be located within and accessible from the interior of the building; (b) be fully enclosed, having a door capable of being closed so as to provide privacy for the occupant; (c) have a permanently installed working artificial lighting fixture; and (d) be maintained so as to properly perform its intended function. 22(4) A hand wash basin shall be located in the same room as each toilet or in an adjoining bath or shower room, provided that no sink in a kitchen Page 26 of 38 shall be considered a hand wash basin for the purposes of this subsection. 22(5) No toilet or urinal shall be located within a habitable room except a bath or shower room, toilet room or other habitable room not used frequently or for extended periods for living, eating or sleeping. Dwellings and Dwelling Units 22(6) (a) A lodging house shall contain a bath or shower room and a toilet room. (b) A residential care facility or a dwelling unit shall contain a kitchen, bath or shower room and a toilet room. APPLIANCES 22(7) Appliances that are supplied by the owner of a dwelling unit which is rented or leased, or appliances that are required to be supplied by the owner of such a dwelling unit pursuant to the terms of a written agreement, shall be maintained in a good state of repair and in a safe operable condition. 22(8) With respect to Central Air Conditioning and Non-Central Air Conditioning appliances, the meaning of a "good state of repair" includes that the air conditioning appliance supply sufficient cooling to maintain an indoor temperature of not more than 26°C within the dwelling unit from May 15 to September 15. 22(9) The measurement of temperature to determine compliance with subsection 22(8) will be a measurement of air temperature at approximately 1.5 meters above floor level and at least 1 meter away from a wall, and: (a) in the case where Central Air Conditioning is supplied, the measurement of air temperature shall be made in every habitable room; or (b) in the case where Non-Central Air Conditioning is supplied, the measurement of air temperature shall be made in any habitable room within which the Non-Central Air Conditioning appliance is located. WASTE DISPOSAL 23(1) A waste storage area, including a waste chute, disposal rooms, containers and receptacles shall be washed down, disinfected and maintained as is necessary to be clean and odour free. 23(2) Subject to subsection 23(3), a waste chute in a building containing 3 or more dwelling units shall be maintained in operation at all times. 23(3) A waste chute in a building containing three (3) or more dwelling units Page 27 of 38 shall not be closed to use except when: (a) such action is necessary in order to safely make repairs, replacements or alterations, and then only during the reasonable minimum time that such action is necessary; or (b) (i) the owner provides a waste storage area on each floor of the building and daily collection of waste from such waste storage areas; and (ii) the occupants are not required to deliver waste to the ground floor, basement or parking lot of the building; or (c) the owner has a current and valid permit to close a waste chute issued by the Director. ELEVATORS 24(1) An elevator shall comply with the Technical Standards and Safety Act, 2000 and its regulations as enforced by the Technical Standards and Safety Authority. 24(2) (a) Subsection 24 (2) (b): (i) applies to elevators in a building that contains one or more dwelling units; and (ii) does not apply to firefighters' elevators under the Fire Code. (b) Elevators shall be maintained in operation at all times except for such reasonable time as may be required for repair or replacement as follows: (i) elevator, where one elevator is provided and there is no firefighters' elevator; (ii) one elevator where two or more elevators are provided and there is a firefighters' elevator; (iii) two elevators where two or more elevators are provided and there is no firefighters' elevator. (c) Where elevators are intended to operate only on certain floors - for example, if a 30 floor building has one elevator operating on floors 1 to 10, a second on floors 11 to 20 and a third on floors 21 to 30 - subsection 24(2) (b) applies only to maintaining their operation on those floors 24(3) All elevators, where provided and when in operation, shall: Page 28 of 38 (i) be kept clean and free of dirt and defacements; and (ii) have working lighting, elevator buttons, floor indicators and ventilation 24(4) (a) where an owner fails to maintain one or more elevators in a building in accordance with subsection 24(1) or subsection 24(2) and then fails to do so again within six months, the owner shall install permanent signs as may be required by a property standards order. (b) a permanent sign required under subsection 24(4)(a) shall, at a minimum: (i) set out the telephone numbers for the building owner and City of Hamilton Municipal Law Enforcement Section to be called when an elevator is inoperative; (ii) be installed: 1. at each exterior elevator button panel on the main floor of the building and at each elevator button panel within each elevator; 2. in a position where the sign may readily be seen and read; 3. with the center line of one sign between 1475 mm and 1525 mm (58 in. and 60 in.) above the finished floor; 4. a second sign with the center line of the sign between 1170 mm and 1220 mm (46 in and 48 in,) above the finished floor; and (iii) be in large print (Arial 24 or Verdana 24 font, or more), in black type on a white background and in Uncontracted Braille (formally known as Grade 1 Braille) PESTS 25(1) A dwelling or a dwelling unit shall be kept free of infestation by pests. 25(2) The owner of a property located within the urban boundary of the City as defined in the Official Plan or Official Plans for the City shall keep the property free of infestation by pests. Page 29 of 38 25(3) For the purposes of subsections 25(1) and 25(2), an "infestation" includes the presence of one rat or mouse, and in the case of bed bugs, fleas, wasps, hornets, ants or cockroaches means the presence of more than one such insect, and in the case of wasps or hornets includes the presence of any occupied nest inside or attached to the exterior of a building, structure or other erection. OCCUPANCY STANDARDS 26(1) No room or space within a building shall be used for a purpose that is not compliant with the Building Code and applicable zoning by-laws. 26(2) A living room, dining room, kitchen, and bedroom shall have a minimum room height of not less than; (a) 1.9 m over the required floor area and in any location that would normally be used as a means of egress; or (b) 2 meters over at least 50% of the required floor area, provided that any part of the floor having a clear height of less than 1.4 m shall not be considered in computing the required floor area. 26(3) A bedroom for one person shall have a floor area of at least 5.6 m2 and a bedroom for two or more persons shall have a floor area of at least 3.3 m2 per person, calculated by the measurement of such bedroom from the inside faces of its walls, exclusive of the floor area of any closet or other storage space and subject to subsection 27(4) below. 26(4) A bedroom shall have a minimum width of 1.8 m. GENERAL STANDARDS FOR ALL DESIGNATED HERITAGE PROPERTIES 27(1) In addition to the standards, obligations and requirements that apply to all property under sections 4 through 26 both inclusive, all heritage attributes of Part IV heritage properties, including both interior and exterior heritage attributes, and all heritage attributes of Part V heritage properties shall be: (a) maintained so as to prevent deterioration; and (b) repaired of any damage. 27(2) Subject to any applicable provisions of the Ontario Heritage Act: Page 30 of 38 (a) where subsection 27(1) can be complied with by means of repair, despite any other provision to the contrary, the heritage attribute shall not be replaced and the repair shall be undertaken in a manner that minimizes damage to the heritage attribute; (b) where subsection 27(1) cannot be complied with by means of repair, despite any other provision to the contrary, the heritage attribute shall be replaced with material of the same type as the original material and in keeping with the design, colour, texture and any other distinctive feature as the original material or in such a manner as to replicate the design, colour, texture and any other distinctive feature of the original material. 27(3) (a) In addition to the standards, obligations and requirements that apply to all property under sections 4 through 26 both inclusive, a part of a Part IV heritage property or a Part V heritage property, including but not limited to a roof, wall, floor, retaining wall or foundation, that supports or protects a heritage attribute and without which the heritage attribute may be at risk of deteriorating or being damaged shall be structurally sound and maintained so as to properly perform its intended function. 27(3) (b) Subsection 27(3)(a) shall be complied with in a manner that minimizes damage to the heritage attribute. VACANT AND/OR DAMAGED DESIGNATED HERITAGE PROPERTIES 28(1) In addition to complying with all other applicable provisions of this By-law, the owner of building that is vacant or is damaged by accident, storm, fire, neglect or otherwise shall comply with this section. 28(2) Despite subsection 5(7), where a building on a Part IV heritage property or a Part V heritage property remains vacant for a period of more than ninety (90) days, the owner shall ensure that appropriate utilities serving the building are connected as required to provide, maintain and monitor proper heating and ventilation to prevent damage caused to the building by fluctuating temperatures and humidity. 28(3) Despite subsections 5(3) and 5(4), where a building on a Part IV heritage property or a Part V heritage property is vacant or damaged by accident, storm, fire, neglect or otherwise, the owner may be required to protect the building against the risks described in subsection 5(2) and shall effectively prevent the entrance of all unauthorized person by closing and securing Page 31 of 38 openings to the building with boarding: (a) which completely covers the opening and is properly fitted in a watertight manner within the side jambs, the head jamb and the exterior bottom sill of the door or window opening so the exterior trim and cladding remains uncovered and undamaged by the boarding; (b) on the window openings, which is painted a matte black to resemble window glass; (c) on door openings, which is painted a colour that matches the colour of the original door; (d) on an opening other than a window or door opening, which is painted or otherwise treated so that the colour matches the colour of the surrounding exterior of the building; and (e) which is fastened securely with screws at least 50 mm in length and installed at appropriate intervals on centre. 28(4) Subject to any applicable provisions of the Ontario Heritage Act, the options available in 28(3) shall be considered progressively more secure with (e) being the most secure, and the minimum standard imposed by subsection 28(3) shall be considered not to include the use of a less secure option which has, more than once, failed to exclude unauthorized entry. 28(5) At any time where there are circumstances to support a more secure option, including an option beyond that is more secure than those listed in subsection 28(3), the owner shall supply such more secure option as may be required by a property standards order. 28(6) No window, door or other opening shall be closed or secured in accordance with subsection 28(3) with brick, concrete blocking or any other masonry units and mortar, except where required by a property standards order under subsection 28(4). PROPERTY STANDARDS ORDER 29(1) If, after inspection, an officer is satisfied that in some respect the property does not conform with the standards prescribed in this By-law, he or she may issue an order and such order shall be served on the owner of the property and may be served on such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 29(2) The order referred to in subsection 29(1) shall: (a) state the municipal address or the legal description of the property; Page 32 of 38 (b) give reasonable particulars of the repairs to be made or state that the property is to be cleared of all buildings, structures or debris and left in a graded and levelled condition, provided that no order in respect of a Part IV heritage property or a Part V heritage property shall state that any building or structure is to be altered or cleared, including but not limited to removed, demolished or relocated; (c) indicate the time for complying with the terms and conditions of the order and give notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; (d) indicate the final date for giving notice of appeal from the order; and (e) be served or caused to be served: (i) by personal service; (ii) electronic service; or (iii) by prepaid registered mail sent to the last known address of the person to whom notice is to be given or to that person's agent for service. 29(3) For the purposes of subsection 29(2)(e)(ii), "last known address" of the owner includes but is not limited to the address provided to the City for the payment of property taxes for the property or the address for service on the title document for the property. APPEAL OF A PROPERTY STANDARDS ORDER 30(1) An owner or occupant who has been served with a property standards order and who is not satisfied with the terms or conditions of the order may appeal to the Committee by sending a notice of appeal, including grounds for the appeal and the applicable fee as set out in the User Fees and Charges By-law, by registered mail to the secretary of the Committee within fourteen (14) days after being served with the order. 30(2) A property standards order that is not appealed within the time referred to in subsection 30(1) is deemed to be confirmed. 30(3) If an appeal is taken, the Committee shall hear the appeal and shall have all the powers and functions of the officer who made the property standards order and may, Page 33 of 38 (a) confirm, modify or rescind the order to demolish or repair; (b) extend the time for complying with the order, if, in the Committee's opinion, the general intent and purpose of this By-law are maintained. 30(4) (a) For the purposes of this By-law, where any portion of a fence or retaining wall: (i) does not conform to the standards under this By-law; and (ii) is located touching or on the property line between adjoining properties at the adjacent finished ground level, that portion of the fence or retaining wall is deemed to be owned in equal shares by the owners of the adjoining properties. (b) Where available, the most recent survey obtained under subsection 32(5) in accordance with the Surveys Act showing a fence or retaining wall shall be deemed to be conclusive evidence of the location of the fence or retaining wall. (c) Despite subsections 30(4)(a) and (b), where provision is made for ownership of or responsibility for a fence or retaining wall that touches or is on the property line between adjoining properties under a City by-law other than this By-law or under any other City Council approved document, then that provision applies for the purposes of this By-law. (d) In this subsection, "for the purposes of this By-law" includes but is not limited to for the purposes of a hearing before and decision of the Committee under section 30 and for the purposes of a determination of the amount of a lien under subsection 31(8). 30(5) The City or an owner or occupant or person affected by a decision under subsection 30(3) may appeal to a Judge of the Superior Court of Justice, who has the same powers and functions as the Committee, by notifying the City Clerk in writing and by applying to the Superior Court of Justice for an appointment within fourteen (14) days after the sending of a copy of the decision. 30(6) A property standards order that is deemed to be confirmed or modified by the Committee or Judge, shall be final and binding upon the owner Page 34 of 38 and occupant who shall carry out the repair or demolition within the time and in the manner specified in the order. COMPLIANCE 31(1) An owner or occupant of a property shall: (a) comply with all standards prescribed in this By-law; (b) comply with a property standards order or any other order made under this By- law; (c) ensure that compliance with this By-law is carried out in a manner that avoids conditions dangerous to the owner, occupants or visitors to the property or that adequate warning is given where such dangerous conditions are unavoidable. Offences and Fines 31(2) Every person who fails to comply with a final and binding order issued under this by-law is guilty of an offence, and on conviction is liable to the penalty or penalties as set out in the Building Code Act, 1992. Power of City to Repair or Demolish 31(3) No person shall hinder or obstruct an Officer or attempt to hinder or obstruct and Officer who is performing a duty under this By-law. 31(4) If the owner or occupant of a property fails to comply with a final and binding property standards order, the City may cause the property to be repaired or demolished in accordance with such order. 31(5) The City or a person acting on its behalf 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 powers under subsection 31(4). 31(6) Despite subsection 31(4), no building or structure on a Part IV heritage property or a Part V heritage property may be altered or cleared, including but not limited to removed, demolished or relocated, except in accordance with the Ontario Heritage Act. 31(7) Where the cost of doing the work necessary for compliance with the property standards order under subsection 31(4): (a) does not exceed $50,000.00, the Director is authorized to carry out the Page 35 of 38 work; (b) does exceed $50,000.00, the Director shall seek authorization from City Council to carry out the work. 31(8) Upon completion of the work necessary for compliance with the property standards order under subsection 31(4), the City shall have a lien on the property for the amount spent on the repair or demolition and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001 which, amongst other things, means the amount may be added to the tax roll for the property and collected in the same manner as property taxes. Certificate of Compliance 31(9) When, after an inspection, an officer is of an opinion that a property is in compliance with this By-law: (a) an owner of the property shall; or (b) any other person may, be issued a certificate of compliance upon submitting a completed application form and paying the applicable fee as set out in the User Fees and Charges By-law. Registration of Property Standards Order 31(10) A final and binding property standards order may be registered in the land registry office on title to the property to which it applies and, upon such registration, any person acquiring any interest in the property subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under section 29. 31(11) Where an officer determines there is compliance under this By-law with a property standards order issued and registered on the title to a property, the Director on behalf of the City Clerk shall forthwith register in the land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of such order. 31(12) An owner or occupant may apply for a discharge of a property standards order issued and registered on title to a property by submitting a completed application form and paying the applicable fee as set out in the User Fees and Charges By-law and where, upon inspection of the property by an officer, compliance with the order is found, the discharge shall be registered by the Director on behalf of the City Clerk. ADMINISTRATION AND ENFORCEMENT Page 36 of 38 Director and Officers 32(1) The Director is assigned the responsibility of administering and enforcing this By-law and the applicable provisions of the Building Code and may assign duties to such persons as necessary to carry out administration and enforcement of this By-law and the applicable provisions of the Building Code. 32(2) Persons appointed or assigned the responsibility of administering or enforcing this By- law and the applicable provisions of the Building Code are officers, and have the authority to carry out such responsibilities. Rights To Enter And To Inspect 32(3) An officer acting under this By-law may, at any reasonable time and upon producing proper identification, enter upon a property without a warrant for the purpose of inspecting the property to determine: (a) whether the property conforms with the standards prescribed in this By- law, or (b) whether a property standards order has been complied with. 32(4) Despite subsections 32(3), an officer shall not enter or remain in any room or place actually used as a dwelling unless: (a) the consent of the occupant is obtained, the occupant first having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under the Building Code; (b) a warrant issued under the Building Code is obtained; (c) the delay necessary to obtain the consent of the occupant or a warrant would result in immediate danger to the health or safety of any person; (d) the entry is necessary to terminate a danger under subsection 15.7(3) of the Building Code; or (e) the entry is necessary to repair or demolish under subsection 31(4) and, within a reasonable time before entering the room or place to be repaired or demolished, the officer serves the occupant with notice of his or her intention to enter it. 32(5) For the purposes of an inspection under subsection 32(3), an officer Page 37 of 38 may, (a) require the production for inspection of documents or things, including drawings or specifications, that may be relevant to the property or any part thereof; (b) inspect and remove documents or things relevant to the property or part thereof for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to a property or part thereof; (d) be accompanied by a person who has special or expert knowledge in relation to a property or part thereof; (e) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection; and (f) order the owner of the property to take and supply at the owner's expense such tests and samples as are specified in the order. 32(6) Any cost incurred by the City in exercising its authority to inspect under subsection 32(5) including but not limited to the cost of any examination, test, sample or photograph necessary for the purposes of the inspection, shall be paid by the owner or occupant of the property where the inspection takes place. 32(7) An employee or agent of the City may enter property at any reasonable time without a warrant for the purposes of causing the property to be repaired or demolished pursuant to section 31(4) in accordance with a final and binding property standards order. Property Standards Committee 32(8) A Committee to be known as the Property Standards Committee of the City of Hamilton is established. 32(9) The Committee shall consist of five (5) residents of, or property owners in the City, to be appointed by Council with a four (4) year term, or such shorter term as may be determined by Council. 32(10) Despite subsection 32(9), a member of the Committee shall hold office Page 38 of 38 until his or her successor has been appointed. 32(11) Any vacancy on the Committee shall be filled forthwith. SEVERANCE AND CONFLICT 33(1) If a court of competent jurisdiction declares any provision or provisions of this By-law invalid, such provision or provisions are deemed to be severable and it is the intention of Council that the remainder of the By-law shall continue to be in force 33(2) Where a provision of this By-law conflicts with the provision of another by- law, Act or regulation in force within the City, the provision that establishes the higher standard to protect the health and safety of persons prevails. ORDERS, PROCEEDINGS AND OTHER ACTIONS CONTINUED 34(1) Any order issued, proceeding being conducted or other action being carried out under By-law No. 10-221 shall be deemed to continue under this By-law, and any reference to By-law No. 10-221 in such order, proceeding or other action shall be deemed to refer to this By-law. REPEAL AND COMING INTO FORCE 35(1) By-law No. 10-221 is repealed as of the day on which this By-law comes into force. 35(2) This By-law comes into force on the date of its passing.