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I
The Corporation of the Municipality of Hastings Highlands
Bylaw 2025-031
To Provide Standards for the Maintenance of the Physical Condition and
Occupancy of Property in the Municipality of Hastings Highlands
Whereas the Council of the Corporation of the Municipality of Hastings Highlands
deems it necessary to pass a Bylaw pursuant to Section 15.1 (3) of the Building
Code Act. S.O. 1992, c.23 as amended for prescribing standards for the
maintenance of property within the Municipality of Hastings Highlands and for
requiring property that does not conform with the standards prescribed in the Bylaw
to be repaired and maintained so as to comply and conform or for the site to be
cleared of all buildings, structures, debris or refuse and left in a graded or levelled
condition;
And Whereas Section 15.6 (1) of the Building Code Act provides for the establishment
of a Property Standards Committee;
And Whereas Section 15.4.1 of the Building Code Act, allows Municipalities to
establish administrative penalties for Bylaw infractions within their municipality under a
Property Standards Bylaw;
And Whereas subsection 15.4.2 of the Building Code Act provides than an
administrative penalty imposed by a Municipality on a person constitutes a debt of the
person to the Municipality and the Municipality may add the debt to the Tax Roll and
collect the debt in the same manner as municipal taxes;
And Whereas the Municipality of Hastings Highlands deems it desirable for the
protection of the safety, health and wellbeing of the residents of the Municipality of
Hastings Highlands to enact this Bylaw;
Now Therefore the Council of the Corporation of the Municipality of Hastings
Highlands hereby enacts as follows:
Section 1.0
a) Title of Bylaw
This Bylaw may be cited as the "Property Standards Bylaw".
b > Application
The provisions of this Bylaw shall apply to all property within the boundaries of the
Municipality of Hastings Highlands.
c) Scope of Bylaw
i.
Where any provision of this Bylaw conflicts with any provision of another
Page 1 of 21
Bylaw in force in the Municipality, the provisions that establish the higher
standards shall prevail in order to protect the health, safety and welfare of
the general public;
ii.
If a court of competent jurisdiction declares any section, or any part of any
section, of this Bylaw to be invalid, or to be of no force or effect, it is the
intention of the Municipality that every other provision of this Bylaw be
applied and enforced in accordance with its terms to the extent possible
according to law;
iii.
This Bylaw, when referring to the interior of a building, is focused solely on
ensuring public safety. This means that the Bylaw applies to conditions or
issues within a building, including residential rental units, that may pose risks
to the health, safety, or well-being of the public and the tenant, such as fire
hazards, structural integrity, or unsafe living conditions. It is not intended to
regulate aesthetic or non-safety-related aspects of a building's interior but is
specifically concerned with preventing hazards that could harm the public or
the surrounding environment;
iv.
The provisions of this Bylaw and of the Building Code Act and the Ontario
Building Code, apply to all property within the Municipality, and any
amendments to the Building Code Act or the Ontario Building Code apply
to this Bylaw which is written pursuant to the provisions in that legislation;
v.
Any costs incurred by the Municipality as a result of this Bylaw will be
recovered in accordance with this Bylaw, the Municipality's User Fees and
Service Charges Bylaw, the Administrative Penalties Bylaw, as amended
from time to time, the Building Code Act, and any other applicable law.
vi.
Nothing in this Bylaw requires repairs to be made to property when repairs
are with respect to matters ordered under the Fire Protection and
Prevention Act, the Health Protection and Promotion Act, the
Environment Protection Act or any other applicable Act.
d) General Duty to Repair and Maintain Property
i.
Every owner of a building, accessory structure, structure or property
shall maintain it, including all appurtenances and mechanical
equipment in good repair, and;
(1)
in an operative condition; and
(2) free from any unsafe condition.
ii.
Despite section 1 (d) (i) of this Bylaw, where the maintenance of any
property affected by this Bylaw is by the written terms of a lease or
an agreement for occupancy made the responsibility of the
occupant, an Officer or another official appointed by the Municipality
may, at their discretion, following receipt of a written complaint,
Page 2 of 21
require the occupant to repair and maintain the property (to the
extent that the Occupant controls or occupies the property or part
thereof) in accordance with the standards prescribed in this Bylaw;
iii.
Every owner of a building, accessory structure or structure that
shows evidence of decay or deterioration shall repair or replace any
materials that are decaying or deteriorating in a manner acceptable
to an Officer;
iv.
Every owner or occupant shall repair and maintain all property under
their care and control in accordance with the standards prescribed in
this Bylaw;
v.
No person shall occupy or loan to another occupant any property
which does not comply with the requirements of this Bylaw.
Section 2.0
a) Definitions
i.
Acceptable means acceptable in the opinion of an Officer or other official
appointed by the Municipality.
ii.
Accessory Building means a building or structure, the use of which is
incidental or subordinate to the main use of any other building on the same
lot or which, if there is no other building on the lot, is incidental to the use of
the lot.
iii.
Approved means, as applied to a grade, material, device or method of
construction, approved by an Officer under the provisions of this Bylaw or
approved by the Building Inspector under the provisions of the Building
Code or approved by another authority designated by Bylaw to give
approval to the matter in question.
iv.
Basement means a storey, or stories of a building located below the first
storey, partially or wholly below grade.
v.
Bathroom means a room containing at least a toilet and basin and bathtub
or shower, or two rooms which contain in total at least one toilet and basin
and one bathtub or one shower.
vi.
Building means,
(a) a structure occupying an area greater than ten square metres consisting
of a wall, roof and floor or any of them or a structural system serving the
function thereof including all plumbing, works, fixtures and service
systems appurtenant thereto,
(b) a structure occupying an area of ten square metres or less that contains
Page 3 of 21
plumbing, including the plumbing appurtenant thereto,
(c) plumbing not located in a structure,
(c.1) a sewage system, or
(d) structures designated in the building code.
vii.
Building Code means the Building Code Act, 1992, as amended from time to
time, in effect on the date of inspection of a Property.
viii.
Certificate of Compliance means a written opinion of property compliance
with the standards contained in this Bylaw issued under Section 15.5 (1) of the
Building Code Act.
ix.
Chief Building Official means the Chief Building Official as defined in the
Building Code Act, the Building Code and as appointed by Council.
x.
Committee means the Property Standards Committee established pursuant
to the Building Code Act, and this Bylaw.
xi.
Council means the Council of the Corporation of the Municipality of
Hastings Highlands.
xii.
Demolish means to do anything in the removal of a building or structure or any
material part thereof and "demolition or demolished" has a corresponding
meaning.
xiii.
Dwelling, Dwelling Unit or Rental Dwelling Unit means a suite operated
as a housekeeping unit, used or intended to be used by one or more
persons and usually containing cooking, eating, living, sleeping and
sanitary facilities.
xiv.
Electrical supply system means a system designed to deliver electricity from
a power source (such as a utility company or generator) to buildings, homes, or
businesses.
xv.
Fire Resistance Rating means as defined in the Ontario Building Code.
xvi.
Garbage includes refuse, rubbish, waste, and other types of debris.
Garbage may include the following:
-
Unwanted materials, such as discarded items, trash, or waste.
-
Discarded materials, broken objects or items with no current use.
-
Any material that is no longer needed, used, or wanted, including
food waste, packaging, or industrial/institutional/commercial waste.
Page 4 of 21
-
Broken pieces of something, typically from a larger object, such as
construction debris, vegetation, or glass fragments.
It can encompass a wide range of discarded materials, including old
furniture, yard waste, noxious waste, other non-recyclable or non-reusable
items.
xvii.
Inoperative means any type of machinery or equipment that does not operate
oris in a wrecked, dismantled, partially dismantled or abandoned condition.
xviii.
Lot (Land) means a parcel of land under distinct and separate ownership
from adjoining lands and being described in a deed or transfer or other
similar document legally capable of conveying land and registered at the
Land Registry Office having jurisdiction for the lands within the Municipality
of Hastings Highlands.
xix.
Municipality means the Corporation of the Municipality of Hastings
Highlands.
xx.
Non-Habitable means any portion of a dwelling or dwelling unit that does
not comply with the standards of fitness for occupancy set out in this Bylaw,
and includes bathroom facilities, toilet rooms, laundry facilities, pantries,
lobbies, corridors, stairways, closets, boiler rooms or other spaces
dedicated and used exclusively for the service and maintenance of the
dwelling or dwelling unit.
xxi.
Noxious means any structure, weed, shrub, animal, insect or rodent which,
from its nature, 9f operation or natural process creates a nuisance or is
liable to create a nuisance or is offensive by reason of the creation of noise,
objectionable odour, dust, feces or by reason of its unsightly nature or
habits.
xxii.
Occupant means any person or persons over the age of 18 years in
possession of the property.
xxiii.
Officer means the Chief Building Official and/or Bylaw Enforcement Officer
appointed by the Corporation to administer and enforce this Bylaw.
xxiv.
Ontario Building Code means the Building Code regulations made under
section 34 of the Building Code Act.
xxv.
Order means a property standards Order issued by an Officer under
Section 15.1 of the Building Code Act.
xxvi.
Owner includes,
(a) the person who owns the land;
(b) the person for the time being managing or receiving the rent of the land or
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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 receive
the rent if the land and premises were let, and
(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.
xxvii.
Penalty Notice means a formal notification issued by an Officer informing an
individual or organization that they have violated a Bylaw in accordance with the
Administrative Penalty Systems Bylaw, as amended from time to time.
xxviii.
Person means and includes any individual, association, firm,
partnership, incorporated company, corporation, agent or trustee and the
heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
xxix.
Pests are undesirable nuisance organisms, usually insects, rodents, or other
animals, that cause harm or damage to property, structures, food, or human
health. These pests can include insects such as mosquitoes, ants, and
termites, as well as rodents like rats and mice, and wild animals like but not
limited to feral cats, raccoons, deer, elk, moose, coyotes and wolves.
xxx.
Pool, hot tub, or ornamental pond, for the purposes of this Bylaw, can be
defined as follows:
-
Pool: A structure or facility designed for holding water, typically for
swimming, recreation, or exercise. This can include in-ground or
above-ground pools, whether permanent or temporary and may
include a wading pool.
-
Hot Tub: A small, water-filled tub or spa designed for relaxation,
hydrotherapy, or recreational use, typically equipped with heating
elements and jets for water circulation.
-
Ornamental Pond: A man-made or artificial pond or water feature,
often designed for decorative purposes, typically containing plants,
fish, or other aquatic elements, and generally not intended for
swimming.
xxxi.
Plumbing means a drainage system, a venting system and a water
system or parts thereof.
xxxii.
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, fences and
erections thereon, whether heretofore or hereafter erected and includes
vacant land.
Page 6 of 21
xxxiii.
Property Standards Committee is the Committee appointed by Council
charged with adjudicating appeals of property standards orders.
xxxiv.
Recreational Vehicle means motorized or towable vehicles designed for
travel, camping, and/or temporary living accommodations and include
motorhomes, camper trailers, travel trailers, truck campers, tents, and
other similar vehicles.
xxxv.
Repair includes the provision offacilities, the making of additions or
alterations or the taking of any other action that may be required to
ensure the property conforms with the standards established in this
Bylaw.
xxxvi.
Residential refers to areas or buildings primarily designed for people to
live in, such as homes, apartments, or other dwellings. It is used to
describe properties with existing dwellings intended for personal
habitation rather than commercial or industrial use.
xxxvii.
Residential Rental Units are living spaces, such as apartments,
condos, townhouses, or houses, that are leased or rented to tenants in
exchange for rent. These units may be part of a larger property or
standalone.
xxxviii.
Sewage System means a sewage system as defined in the Building
Code.
xxxix.
Storage Area means a room within a dwelling or dwelling unit which is
non- habitable and is used or intended for use for the storage of goods or
materials.
x I.
Storage refers to the act of keeping or placing items in a designated
space for safekeeping, organization, or future use. It can involve any
type of facility, container, or area where goods, materials, or possessions
are stored, such as storage units, closets, or warehouses.
xii.
Standards means the standards prescribed for the maintenance and
improvement of the physical condition and the fitness for occupancy for
properties as set out in this Bylaw.
xiii.
Temporary refers to a structure, use, or condition that is permitted for a
limited duration, often subject to specific time restrictions or conditions. It
is not intended to be permanent and may need to be removed or altered
after a certain period, in compliance with local regulations and applicable
law.
xliii.
Tenant means an individual or entity that rents or leases a property,
such as a residential dwelling unit, from a landlord or property owner.
The tenant has the right to occupy and use the property for a specified
period in exchange for paying rent, according to the terms of a lease or
Page 7 of 21
rental agreement.
xliv.
Unsafe Condition means any condition that would or could cause a risk
to the life or health of any person.
xiv.
Waterfront Property means a section of property with frontage adjacent
to or abutting on a body of water and includes a waterfront lot.
xlvi.
Vehicle includes an automobile, motorcycle, motor assisted bicycle,
power assisted bicycle, and any other vehicle propelled or driven
otherwise than by muscular power and includes without limitation, a
trailer, a boat, a motorized snow vehicle, a traction engine, a farm tractor,
a self-propelled implement of husbandry, a road building machine and any
other similar mechanical equipment, whether operational or not.
xlvii.
Yard means a vacant or non-vacant lot or parcel of land (other than
publicly owned land) used or intended to be used or capable of being
used, in connection with a building.
Section 3.0 - Maintenance of Yards and Accessory Buildings
3.1 Yards -All yards shall be kept clear from:
(a) Garbage;
(b) Objects, holes and conditions that are or might create a health, fire or accident
hazard;
(c) Wrecked, discarded, dismantled, partially dismantled, inoperative, abandoned
or unlicensed vehicles, or other machinery or any part thereof, except in an
establishment licensed or authorized to conduct and operate such an undertaking
and then only in an arrangement so as to prevent an unsafe condition;
(d) Dilapidated or collapsed buildings, accessory buildings, structures or erections and
any unprotected well or other unsafe condition;
(e) Dead, decaying or damaged trees or other similar growth.
(f) Food scraps and organic waste.
Exception - Subsection 3.1 (f) does not apply to:
-
Bait used for hunting purposes during lawful hunting seasons and practices; or
-
Composting practices that comply with local regulations.
3.2 Landscaping
(a) Hedges, plantings, trees or other landscaping, required by the Municipality as a
Page 8 of 21
condition of development, redevelopment or rearrangement of property, shall be
maintained in a living condition or shall be replaced with equivalent landscaping, so
as to carry out their intended function and maintain an attractive appearance;
(b) All privately owned lands used for vehicular traffic, parking or for loading and
unloading shall be maintained in good repair; and
(c) Lawns, hedges and bushes shall be maintained so as to prevent noxious
conditions.
3.3 Rubbish
(a) Every owner and occupant of a property shall provide sufficient receptacles to
contain all garbage, that may accumulate on their property and to prevent such
material from encroaching onto neighbouring properties; and
(b) Every non-residential building shall provide sufficient and proper receptacles in
good repair and appearance to contain all garbage and litter as may be left by
customers or other persons.
3.4 Passageways
(a) Steps, walks, driveways, parking spaces and similar uses of a yard shall be
maintained so as to afford safe passage for persons and vehicles under normal
use and weather conditions.
3.5 Drainage
(a) Exterior property areas shall be graded and maintained in such a manner
so as to prevent the excessive or recurrent ponding of storm water or
surface water thereon, and to minimize the erosion of soil;
(b) Roof drainage or sump pumps shall not be discharged on to sidewalks,
roadways, stairs, or neighbouring properties.
3.6 Sewage
(a) All sewage must be directed into an approved sewage system. for the
3.7 Accessory Buildings, Fences and Other Structures
(a) Accessory buildings, fences and other structures shall be kept in good
repair and free from health, fire and accident hazards;
3.8 Pools, Hot Tubs and Ornamental Ponds
(a) Every owner of a property shall maintain any pool, hot tub, ornamental pond
and any appurtenance thereto in good repair, and free from any unsafe
condition;
Page 9 of 21
(b) Every owner of a property which contains a derelict or abandoned pool, hot
tub or ornamental pond shall,
i.
in the case of a hot tub or wading pool, drain and remove
the hot tub or wading pool from property;
ii.
in the case of a pool or ornamental pond, drain and fill the
pool or ornamental pond and leave the property in a
graded and levelled condition.
(c) Every owner of a property that contains a pool, hot tub or ornamental
pond shall ensure the area containing the pool, hot tub or ornamental pond is
endosed in a safe manner and in accordance with all other applicable laws.
3.9 Commercial Parking Areas
(a) Every owner of a property with a business establishment and a designated
parking space or lot for customers, employees, or visitors including
driveways, loading areas, and bays, shall:
i.
provide curb stops or other restraining devices to prevent
vehicles from damaging fences, lamp standards, or other
structures in the parking area or neighbouring properties;
ii.
maintain the surface in a state of good repair, free of potholes,
large cracks, ruts or other hazards; and
iii.
provide and maintain light fixtures serving the parking area to
provide the level of lighting necessary to maintain safety and
security for the use of the property ..
Section 4.0 - Repair, Maintenance and Demolition Standards of Buildings
4.1 Structural Capability
(a) Every building, accessory building or any part thereof shall be maintained in a
structurally sound condition so as to be capable of sustaining its own weight
or any additional weight which may be put on it through normal use. Any
materials showing damage, evidence of decay or other deterioration shall be
repaired or replaced.
(b) The Chief Building Official may require an engineer's report for a building to
determine if the building is structurally sound and such an engineer's report
shall be prepared at the expense of the Owner(s) of the property on which the
building is situated.
4.2 Building Safety and Damage Management
(a) In the event of fire or other disaster to a building or accessory building,
Page 10 of 21
measures shall be taken as soon as possible and in any event within 90 days of
such fire or disaster to make the damaged building or accessory building
compatible with the surrounding environment. Without restricting the generality
of the foregoing, such measures include making the building or accessory
building safe, repairing any damaged surfaces exposed to view preventing
unauthorized entry and refinishing so as to be in harmony with adjoining
undamaged surfaces and the surrounding environment;
(b) In the event the building or accessory building is beyond repair, the land
shall be cleared of all remains and left in a graded, level, and tidy condition
within 60 days of the fire or other disaster;
(c) Materials of a flammable nature shall be safely stored or removed at once
from a property.
4.3 Pest Prevention
(a) All buildings and properties shall be maintained free from rodents, vermin and
pests and free from conditions which may encourage infestation by rodents,
vermin and pests.
(b) Any methods used for the extermination of rodents, vermin or pests or any of
them shall conform to the provisions of The Pesticides Act R.S.O. 1990, C.p-11
and other applicable law.
4.4 Ventilation and Lighting
(a) Every habitable room and every bathroom and toilet room shall have
adequate ventilation;
(b) Where an aperture such as window, skylight or louver is used for
ventilation, the aperture shall be maintained so as to be easily opened,
kept open, closed and kept closed;
(c) Where a system of mechanical ventilation or air conditioning such as an
electric fan with a duct leading to outside the building has been installed in a
building, the system shall be maintained in good working order;
(d) Every dwelling unit shall be provided with adequate artificial light in all rooms,
stairways, halls, storage areas, garages and basements.
4.5 Foundations
(a) The foundation walls and the basement, cellar or crawl space floor of a
building or an accessory building shall be maintained in good repair;
(b) The maintenance of a foundation includes:
Page 11 of 21
i.
the jacking, underpinning or shoring of the foundation where
necessary;
ii.
installing subsoil drains at the footing where such would be
beneficial and practical;
iii.
the grouting of masonry cracks;
iv.
waterproofing the wall and joints;
v.
the carrying out of such other work as may be required to
overcome any existing settlement detrimental to the
structural safety of the building;
vi.
repairing or replacing decayed, damaged or weakened
sills, piers, posts or other supports; and
vii.
making sills, piers, posts or other supports waterproof and
resistant to insects by the application of suitable materials
or treatment.
(c) Every basement, cellar and crawl space in a building shall be adequately
drained.
4.6 Exterior Walls
(a) All exterior walls and components thereof shall be maintained in good repair
and free from any unsafe condition.
4.7 Roofs
(a) Roofs of buildings and their components shall be maintained in a watertight
condition, free from loose or unsecured objects or materials that may
present a safety hazard;
(b) Where eaves troughs and roof gutters are provided, they shall be kept in
good repair, free from obstructions and properly secured to the building.
4.8 Exterior Doors and Windows
(a) All exterior doors, windows and skylights shall be maintained in good
repair that ensures their proper operation and so that they are
weatherproof;
(b)AII repairs, maintenance and refinishing work required for any exterior
walls, cladding and openings shall be completed in such a manner so as
to maintain a uniform and neat appearance with the surrounding walls,
cladding or openings of any building; or
Page 12 of 21
(c) Nothing in this Section shall be construed as preventing doors, windows
and other openings in an unoccupied building or accessory building
from being protected from damage or to prevent entry and this section
does not apply to barns, silos and structures intrinsic to the operation of
a farm on an agricultural property that is actively being used for
agricultural purposes.
4.9 Walls and Ceilings
(a) Interior walls and ceilings in a building shall be maintained in good repair.
4.10 Floors
(a) Floors in a building or accessory building shall be maintained in a reasonably
clean, smooth and level condition and free of loose, warped or decayed
boards, depressions, protrusions, holes, deterioration or other defects;
(b)Where floors are covered, the covering shall be maintained in a safe
condition free from worn, torn, damaged or holed parts;
(c) Floors in all rooms with plumbing fixtures shall be maintained reasonably
impervious to water and in such condition as to permit easy cleaning.
4.11 Stairs, Porches, Awnings. Canopies, Marquees and Signs
(a) Any inside or outside stair, balcony, porch, awning, canopy, marquee or sign
shall be maintained in good repair and free from any unsafe condition;
(b) A handrail or banister shall be installed so as to guard against accident or
injury on the open side of a balcony, landing stairwell and stairway having
more than two risers.
4.12 Chimneys and Fireplaces
(a) Every chimney, smoke pipe and flue actually in use or available for use,
shall be maintained so as to prevent gases from leaking into the building, and
at all times, shall be kept in good repair and maintained free of defects;
(b) Every fireplace used or intended to be used in a building for burning fuel in
open fires shall be maintained so that adjacent combustible material and
structural members shall not be heated to unsafe temperatures.
4.13 Demolition
(a) Immediately after demolishing a building, accessory structure, structure or
fence, the property where the building, accessory structure, structure or
fence was located shall be cleared of all rubbish, debris, refuse, masonry,
lumber and other materials and the property shall be left in a graded and
Page 13 of 21
level condition;
(b) Immediately after partially demolishing a building, accessory structure
or structure the following shall be required:
i.
maintain the remaining portion of the building,
accessory structure or structure in compliance with all
requirements of this Bylaw;
ii.
parge or otherwise treat the walls of the building, accessory
structure or structure to prevent the entrance of water into the
building, accessory structure or structure; and
iii.
ensure that all parge or similar treatments are applied in a
manner that presents neat and uniform appearance, free from
the outlines of partitions, stairs, doors, floors and from areas
of multi-coloured paint or wallpaper.
(c) Every owner who is demolishing or partially demolishing a building,
accessory structure or structure shall,
i.
take every precaution to protect neighbouring property;
ii.
take every precaution to protect members of the public; and
iii.
if necessary, to protect neighboring property or members of the
public, erect fences, barricades, covered ways for pedestrians
and any other means of protection.
Section 5.0 - Standards of Fitness for Occupancy
5.1 Plumbing and Plumbing Fixtures
(a) All installed plumbing, including plumbing fixtures, drains, vents, water pipes,
water closets and connecting lines to water and sewer systems, shall be
maintained in good working order and repair free from any leaks or other
defects;
(b) Every dwelling unit shall be provided with an adequate supply of potable water;
(c) All buildings with sanitary facilities shall be connected to an approved
sewage system;
(d) The hot water serving the wash basin and bathtub or shower shall be served
at a temperature in compliance with the Ontario Building Code;
(e) No facilities for the preparation, cooking, storage or consumption of
food, or for sleeping, shall be contained within a room that contains a
Page 14 of 21
toilet.
5.2 Heating System
(a) Every dwelling unit shall be provided with a heating system capable of
maintaining a room temperature of 21 degrees Celsius (70 degrees
Fahrenheit) in all habitable rooms, bathrooms and toilet rooms, from the first
day of October each year to the first day of June of the following year;
(b) The heating system required by Section 5.2 (a) shall be maintained in good
working condition so as to be capable of heating the dwelling unit safely;
(c) Permanently sealed connections shall be kept between all heating
equipment involving combustion and a chimney or flue, which provides
sufficient outlet for the escape of all noxious gases, so as to prevent any
health, fire or accident hazard;
(d)A space that contains a heating unit shall have a natural or mechanical
means of supplying air in such quantities to provide adequate combustion.
(e) No room heater shall be placed so as to create a fire hazard to walls and
curtains and furniture, or so as to impede the free movements of persons
within the room where the heater is located;
(f) Where any heating equipment burns solid or liquid fuel, a place or receptacle
for the storage of the fuel shall be provided and maintained in a convenient
location and properly constructed so as not to create a fire or accident hazard;
5.3 Electrical Services
(a) Every dwelling unit shall be connected to and have maintained a
connection to an adequate electrical supply system;
(b) Electrical installations, including the service capacity of the installations and
the number and distribution of circuits, shall conform to the Ontario Electrical
Safety Code;
(c) Every habitable room except for a kitchen shall contain at least one electrical
duplex convenience outlet. Additional duplex convenience outlets shall be
provided in accordance with the requirements of the Building Code Act,
R.S.O. 1992 and regulations; made thereunder and the Ontario Electric
Safety Code;
(d) Fuses or overload devices shall not exceed limits set by the Ontario Electric
Safety Code;
(e) An electrical light fixture shall be installed in every bathroom, toilet room,
laundry room, furnace room, kitchen, hallway, stairwell, basement and
Page 15 of 21
cellar;
(f) The electrical wiring and all electrical fixtures located or used in any building
shall be installed and maintained in good working order and in conformity
with the Ontario Electrical Safety Code;
(g) Smoke alarms shall be installed in each dwelling unit on each sleeping
floor and shall be maintained in operable condition and in conformity with
the Ontario Fire Protection and Prevention Act.
5.4 Occupancy Standard
(a) A non-habitable room shall not be used as a habitable room;
(b) No basement or cellar space shall be used as a dwelling unit or as a habitable
room unless it is otherwise permitted, and it meets the requirements of the
Ontario Building Code.
Section 6.0 - Regulations for Camping Vehicles, Shelters, and Tents
6.1 Recreational Vehicles
(a)
The use of recreational vehicles shall be prohibited in all zones except for
a Resort Recreational Commercial Zone.
(b)
The erection or use of a temporary shelter shall be prohibited in all zones.
(c)
A maximum of one recreational vehicle shall be permitted to be parked or
stored on a residential lot.
(d)
No recreational vehicle shall be used for human habitation, except in a
Resort Recreational Commercial Zone.
(e)
No recreational vehicle shall be used in any zone for carrying on business
without the consent of the Municipality.
(f)
Notwithstanding sub-section 6 (a), a recreational vehicle may be used
only where a building permit to construct a dwelling unit has been issued
on the lot on which the recreational vehicle is proposed to be used, and
provided that
(i) the septic system is installed within three months of the date of
building permit issuance; and
(ii) reasonable progression (a minimum of 70%) of the construction
of the proposed dwelling within one year of issuance of the building
permit occurs. If it is not possible to complete the dwelling unit within
one year of building permit issuance, then a written request to the
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Chief Building Official is required in order to extend the exemption to
use an RV on the lot. Issuance of any extension is at the discretion of
the Chief Building Official.
Section 7.0 -Administration and Enforcement
7 .1 Property Standards Committee
(a) A Property Standards Committee shall be established in accordance with section
15.6 (1) of the Building Code Act, as amended, to hear appeals of orders issued
under this Bylaw, from time to time. A Committee Terms of Reference shall be
passed by Council.
(b) Membership of the Property Standards Committee shall be as set out in the
Property Standards Committee Terms of Reference.
(c) An assigned staff member of the Municipality shall serve the role of Secretary to
the Committee, as set out in the Property Standards Committee Terms of
Reference.
(d) The Property Standards Committee has its members appointed for a term
equivalent to Council's term of office or until reappointed;
(e) The Property Standards Committee has the powers and duties prescribed by
the Building Code Act; and
(f) The Secretary shall keep and file the minutes and records of all applications and
the decisions thereon and of all other official business of the Committee;
7.2 Administration, Orders and Enforcement
(a) An Officer is responsible for the administration and enforcement of this
Bylaw.
(b)An Officer and any person acting under their instructions may, at all
reasonable times, without a warrant for the purpose of inspecting a property
and upon producing proper identification, enter into and inspect any property
to determine;
i.
whether the property conforms with the standards prescribed in this
Bylaw;or
ii.
whether an order made under this Bylaw has been complied with.
(c) If, after inspection, an Officer is satisfied that, in any respect, a property
does not conform to the standards prescribed in this Bylaw, he or she may
serve or cause to be served to the owner of the property or such other
persons affected as an Officer determines an order:
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i.
stating the municipal address or legal description of such property;
ii.
giving reasonable particulars of the repairs to be made or stating
that the site is to be cleared of all buildings, structures, debris or
refuse and left in a graded and levelled condition;
iii.
indicating the time for complying with the terms and conditions
of the order and giving notice that, if the repair of clearance is
not carried out within that time, the Municipality may carry out
the repair or clearance at the Owner's expense; and
iv.
indicating the final date for giving notice of appeal from the
order. Such notice may be posted on the property to which
the order applies.
(d) The Municipality may charge the owner of a property a fee pursuant to the
Municipality's User Fees and Service Charges Bylaw, to conduct an
inspection, including increased fees for multiple inspections.
(e) Where an Officer has reasonable grounds to believe that an offence has been
committed by a person, the Officer may require the name, address and proof of
identity of that person, and the person shall supply the required information.
(f) No person shall obstruct or attempt to obstruct an officer or any person
acting under an officer's instructions in the exercise of any power
pursuant to this Bylaw;
(g) An owner or occupant who has been served with an 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 by registered mail to the Secretary
of the Committee within fourteen (14) days after being served with the Order;
(h) The notice of appeal shall include:
(i) the name, address, telephone number and email address of the appellant;
(ii) the date and number of the Order issued by an Officer;
(iii) the reasons for the appeal; and
(iv) the appeal fee as set out in this Bylaw.
(i) An order that is not appealed within the fourteen (14) days after being served
with the order shall be deemed to be confirmed;
(j) An Order may be registered in the proper Registry or Land Titles Office
and, upon such registration, any person acquiring any interest in the
property subsequent to the registration of the Order shall be deemed to
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have been served with the Order on the date on which the Order was
served;
(k) When the requirements of the order have been satisfied, an Officer shall
forthwith register in the proper Registry of Land Titles Office, a Certificate
of Compliance that such requirements have been satisfied, which shall
operate as a discharge of such Order.
(I) An Order that has been registered or discharged in the Proper Registry or
Land Title Office will be subject to fees pursuant the Municipality's User Fees
and Services Charges Bylaw.
7.3 Power of the Corporation to Demolish or Repair
(a) Where an Order is deemed to have been confirmed pursuant to Section 7 .2
(h) of this Bylaw or is confirmed or deemed to be confirmed or modified by
the Committee or, in the event of an Appeal to a Judge the Order is
confirmed or modified by the Judge, it shall be final and binding upon the
Owner and Occupant and the Owner or Occupant shall make the repair or
effect the demolition within the time and in the manner specified in the
Order or Decision;
(b) If the owner or occupant of the property fails to demolish the property or to
repair in accordance with the Order as confirmed or modified, in addition to
all other remedies;
i.
the Corporation shall have the right to demolish or repair the
property accordingly and for this purpose its servants and agents
from time to time may enter in, on and upon the property; and
ii.
the Corporation shall apply the cost of the repairs or demolition, if
not so paid, to the Collectors Roll or Taxes for the property for the
current year and the amount so entered shall be collected as
municipal taxes; and
iii.
the Corporation 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
pursuant to the provisions of this Bylaw.
7.4 Service
(a) The order shall be served to the owner of the property and such other persons
affected thereby as an officer determines such as personally, or by email to the
last known email address of the person to be served, or by registered mail
sent to the last known address of the person to be served, or to the person's
agent for service.
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(b)Acopy may be posted on the property;
(c) If a Notice or Order is served by registered mail to the recipient's last known
address, the service shall be deemed to have been made on the 5th day
after the day's mailing unless the person to whom the Notice or Order is
given or that person's agent for service establishes that, acting in good faith,
through absence, accident, illness or other unintentional cause, the notice
was not received until a later date.
{d) If a Notice or Order is served by email to the recipient's last known email
address, the service shall be deemed to have been made on the day it is
served, unless served after 5 PM, in which case it shall be deemed to have
been served the next day unless the person to whom the Notice or Order is
given or that person's agent for service establishes that, acting in good faith,
through absence, accident, illness or other unintentional cause, the notice
was not received until a later date.
7 .5 Offences and Penalties
(a) No person shall,
i.
use or occupy, or allow the use or occupancy of any property which
does not comply with the provisions of this Bylaw;
ii.
obstruct the visibility of or remove a copy of an order posted under
this Bylaw unless authorized to do so by an Officer; or
iii.
prevent, hinder or interfere or attempt to prevent, hinder or interfere
with an inspection undertaken by an Officer.
(b) Every person or Corporation who contravenes any provision of this Bylaw or
fails to comply with an order, direction or other requirements made pursuant
to this Bylaw is guilty of an offence under subsection 36(1) of the Building
Code Act and upon conviction is liable to a fine as established in the said
Act.
(c) An Officer may issue a penalty notice to a person in accordance with the
Administrative Penalty System Bylaw when an Officer is satisfied has failed to
comply with:
(i) any provision of this Bylaw; or
(ii) an Order issued in accordance with Section 7.2 of this Bylaw as deemed
confirmed or as confirmed or modified by the Property Standards Committee
or a judge.
(d) Upon issuance of a third or subsequent penalty notice, the person may be liable
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to pay an administrative penalty to the Municipality in accordance with the
Administrative Penalty System Bylaw, as amended from time to time.
{e) After an Order has been issued and lapsed, each day the offence continues,
shall be treated as a separate offence and additional penalties may apply.
7.5 Severability
{a) If any section, clause or provision of this Bylaw hereto, is for any reason
declared by a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the bylaw as a whole or any part thereof, other than the
section, clause or provision so declared to be invalid, and it is hereby
declared to be the intent that the remaining sections, clauses or provisions of the
Bylaw shall remain in full force and effect.
7.7 Effect of Pre-existing Bylaws
{a) Any Bylaw which was in effect in the Municipality on the date of passage of this
Bylaw which covers the same subject matter as this Bylaw shall remain in
effect only for the purposes of the completion of any procedure that was
commenced under that.
7 .8 Repeal of Bylaw
{a) Except for the purposes identified in Section 7.7 of this Bylaw, that Bylaw
2018-086 is hereby repealed;
{b) That Bylaws 2010-76 and 2011-031are hereby repealed;
{c) All Orders issued pursuant to Bylaw 2018-086 shall remain in full force and effect,
notwithstanding that Bylaw 2018-086 is hereby repealed, and all such Orders may
be enforced or acted upon by the Municipality as if the Order was made under
Section 7.2 of this Bylaw.
7 .9 Effective Date
This Bylaw shall come into force and take effect upon final passing hereof.
Read a first time on 21st of May 2025.
Enacted and Passed this 21st day of May, 2025.
Suzanne Huschilt, Municipal Clerk
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