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THE CORPORATION OF THE TOWN OF HAWKESBURY
BY-LAW N° 32-2024
Being a by-law to provide standards
for the maintenance and occupancy of property
in the Town of Hawkesbury
WHEREAS as per the Municipal Act S. 0 2001, section 9 provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under this or any other Act;
AND WHEREAS section 11 of the Municipal Act, 2001, provides that a lower-tier
municipality and an upper-tier municipality may provide any service or thing that the
municipality considers necessary or desirable for the public;
AND WHEREAS Section 15.1 of the Building Code Act provides that the Council may
pass a by-law with respect to prescribing standards for the maintenance and occupancy
of property, and requiring property that does not conform with the standards to be
repaired and maintained with the standards on the site to be cleared of all buildings,
structures, debris or refuse and left in graded and levelled condition;
AND WHEREAS section 15.2 and 15.8 of the Building Code Act provides inspections
and enforcement authorities for a by-law made under section 15.1 of the Act
AND WHEREAS the offence and penalty provisions for contraventions are as set out in
section 36 of the Building Code Act, the Administrative Monetary Penalty System By-
law, and the Administrative Penalties provisions in section 15.4.1 of the Building Code
Act;
AND WHEREAS the Official Plan of the Town of Hawkesbury includes provisions
relating to property conditions;
AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 provides that
a municipality may delegate its administrative and hearing powers;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons for services or activities provided or done by or on
behalf of it; and
AND WHEREAS Section 434.1 (1) of the Municipal Act, 2001, provides that a
municipality may require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law passed under the Municipal Act,
2001;
By-law N° 32-2024
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AND WHEREAS the Council for the Town of Hawkesbury considers it desirable and
necessary to provide for a system of administrative penalties and administrative fees for
its designated by-laws, or portions of its designated by-laws;
AND WHEREAS the Municipal Council of the Town of Hawkesbury deems it necessary
to update By-law N° 50-2001, as amended, adopted in 2001;
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Hawkesbury hereby enacts as follows.
1. SHORT TITLE
This by-law may be cited as the "Property Standards By-law" of the Town of
Hawkesbury.
2. DEFINITIONS
"Accessory Building" means a detached building or structure, not used for human
habitation, which is subordinate to the primary use of the same property.
"Apartment Building" means a building containing more than four dwelling units with
individual access from an internal corridor system.
"Approved" means acceptance by the authority having jurisdiction.
"Appliances" means any household appliances.
"Basement" means the space of a building that is partly below grade, which has half
or more of its height, measured from floor to ceiling, above the average exterior
finished grade.
"Cellar" means that space of a building that is partly or entirely below grade, which
has more than half of its height, measured from floor to ceiling below the average
exterior finished grade.
"Committee" shall mean the Committee of adjustment as established by By-law N°
75-2018.
"Corporation" shall mean the Corporation of the Town of Hawkesbury.
"Dwelling" shall mean a building or structure, or part of a building or structure used
or intended to be used as a domicile by one or more persons usually containing
cooking, eating, living, sleeping and sanitary facilities and includes the land and
premises appurtenant thereto and all outbuildings, fences or erections thereon or
therein.
"Dwelling Unit" means a room or a suite operated as a house-keeping unit, used or
intended to be used as a domicile by one or more persons and supporting general
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living conditions usually including cooking, eating, sleeping and sanitary facilities.
"Egress" means a continuous, unobstructed path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other exit used
for the escape of persons from any point within a building, a floor area, a room or a
contained open space to a public thoroughfare usually located outside the building,
as per the Ontario Building Code. A window may be used as a secondary means of
egress, so long as it conforms to the requirements set out in section 9.9.10 of the
Ontario building code.
"Fire Code" means the regulations made under the Fire Protection & Prevention
Act, 1997.
"First Storey" means that part of a building having a floor area closest to grade with a
ceiling height of more than 1.8 metres above grade.
"Ground cover" means any suitable material applied to the ground to prevent the
erosion of soil and includes concrete, flagstone, gravel, asphalt, grass, or other
forms of landscaping.
"Guard" means a protective barrier installed around openings in floor areas or on the
open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through it.
"Habitable Room" means any room in a dwelling unit, with a minimum size as per
the Ontario Building Code, used for or capable of being used for living, cooking,
sleeping or eating purposes.
"Land leased community" means a community where buildings or portions of land
are individually leased for living accommodation but does not include mobile parks.
"Maintenance" shall mean the preservation and keeping in repair of a property.
"Mechanical Room" means a room or space in a building dedicated to the
mechanical and electrical equipment.
"Multiple Dwelling" means a building containing three or more dwelling units.
"Non-Habitable Room" means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, powder room, rest room, laundry, pantry,
lobby, corridor, stairway, closet, boiler room, garage; or other space for service and
maintenance of a dwelling for public use or access to and vertical travel between
storeys; and basement or part thereof which does not comply with the standards of
fitness for occupancy set out in this by-law.
"Non-Residential Property" means a building or structure, or part of a building or
By-law N° 32-2024
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structure not occupied in whole or in part for the purpose of human habitation and
includes the lands and premises appurtenant and all of the outbuildings, fences or
erections thereon or therein.
"Occupant" shall mean any person or persons in possession of the property.
"Officer" shall mean a Property Standards Officer who has been appointed by
Council with the responsibility of administering and enforcing this by-law.
"Owner" as defined in the Building Code Act, 1992 as amended.
"Person" shall mean an individual, firm, corporation, association, or partnership.
"Powder Room" shall mean a room containing a water closet and a wash basin,
which are connected to the plumbing system.
"Property" shall mean a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile buildings, mobile
structures, outbuildings, fences, and erections thereon whether heretofore or
hereafter erected and includes vacant property.
"Repair" shall mean the provision of such facilities and the making of additions or
alterations or the taking of such actions as may be required so that the property shall
conform to the standards established in the By-law. All repairs shall be made in
conformity to the applicable provincial regulations.
"Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals and includes any lands or buildings that are appurtenant to such
establishment, as well as all stairways, walkways, driveways, parking spaces and
fences associated with the dwelling or its yard.
"Rubble" shall mean broken concrete, brick, broken asphalt, patio or sidewalk slabs.
"Sewage" shall mean any liquid waste containing animal, vegetable or mineral
matter in suspension or solution, but does not include roof water or other storm
runoff.
"Standards" shall mean the standards of physical conditions and occupancy set out
in the by-law, and in the Ontario Building Code.
"Vehicle" shall mean a motor vehicle, trailer, boat, motorized snow vehicle,
mechanical equipment and any vehicle drawn, propelled or driven by any kind of
power.
"Yard" shall mean land other than publicly owned land, around and appurtenant to
any property or any part of a building or structure, and used or intended to be used,
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or capable of being used in connection with said property and includes vacant land.
3. MAINTENANCE OF ACCESSORY BUILDINGS AND YARDS
3.1. Accessory Building
3.1.1. Every accessory building shall be kept in good repair and free from health,
fire and accident hazards.
3.1.2. An accessory building or structure used or capable of being used as an
outhouse or outdoor pit privy is prohibited and shall be removed from any
property unless used on a temporary basis and in conjunction with:
a) a construction site, or
b) a public event
3.2. Drainage
3.2.1. Storm water shall be drained from the yard so as to prevent recurrent
ponding or the entrance of water into a basement or cellar.
3.2.2. All owners or occupants shall prevent the erosion of the soil in the yard.
3.2.3. No roof drainage shall be discharged on sidewalks, stairs or neighbouring
property.
3.2.4. No surface or groundwater shall be discharged on neighbouring property.
3.3. Fences
3.3.1. Fences, barriers and retaining walls shall be kept in good repair and free
from accident hazards and shall comply with the Town's Fences by-law
(N° 35-2013), as amended from time to time.
3.4. Garbage Disposal
3.4.1. Sufficient receptacles shall be provided to contain all garbage, rubbish and
waste. The receptacles shall be made of metal or plastic, made of
watertight construction, be provided with a tight-fitting cover and be
maintained in a clean state.
3.4.2. Every property shall be kept free of refuse or litter, both inside dwellings
and in outside areas.
3.4.3. Every non-residential building shall provide sufficient receptacles to
contain all refuse and litter as may be left by customers or other members
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of the public.
3.4.4. Compostable material shall be disposed of in a composter, or with the
garbage, as per the Town's waste management by-law (N°51-2022), as
amended from time to time.
3.5. Landscaping
3.5.1. Suitable ground cover shall be provided to prevent erosion of the soil.
Where grass forms a part of the ground cover, and such grass has been
killed, such dead areas shall be re-sodded or seeded as often as required
so as to restore the grass to living condition.
3.5.2. Areas within the yard not covered by buildings or structures, sidewalks,
driveways and parking areas shall be maintained to a standard at least
compatible with the abutting and adjoining properties.
3.6. Safe passage
3.6.1. Steps, walks, driveways parking spaces and similar uses of a yard shall be
maintained to afford safe passage under normal use and weather
conditions.
3.6.2. All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, compacted stone or paved stone and shall
be kept in good repair free of dirt and litter.
3.7.Sewage
3.7.1. Sewage of any kind shall not be discharged onto the surface of the
ground, whether into a natural or artificial surface drainage system or
otherwise.
3.8.Signs
3.8.1. All signs permitted under by-laws of the Town shall be maintained in a
good state of repair and shall conform to the Town's sign by-law (N° 75-
2001), as amended from time to time.
3.8.2. Signs which are damaged or broken or which are excessively weathered
or faded or upon which the finish is worn, peeled or cracked, shall, with
their fastenings and supporting members, be removed or refinished and
put in a good state of repair.
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3.9. Yards
3.9.1. All yards shall be kept clean and free from rubbish, rubble or other debris
and from objects or conditions that might create a health, fire or accident
hazard, or an unsightly condition out of character with the surrounding
environment. Yards shall also be maintained as per the requirements set
out in the Town's Clean Yards by-law.
3.9.2. Dilapidated, collapsed structures or partially constructed structures that
are not currently under construction or erection and any unprotected well
or unsafe condition or unsightly condition, shall be remedied or removed
from yard.
3.9.3. Any excavated hole in any yard shall be filled up unless enclosed by a
temporary barrier at least 122 centimetres in height in such a manner as to
prevent an unsafe condition. Temporary means not more than 30 days,
unless approved by written confirmation from the Town.
3.9.4. Where a dwelling unit or accessory building has a solid fuel burning
device, the storage in a yard of firewood shall:
a) not be permitted in any front yard;
b) be arranged in one area, neatly piled;
c) not exceed a quantity that is placed in an area no greater than 4.8
metres in length, 2.5 metres in width and 1.2 metres in height.
d) be at least 1 metre from the property line.
3.9.10 A boat or boat and trailer combination that exceeds an overall length of 5.5
metres shall not be stored or placed in any front yard.
3.9.11 A boat or boat and trailer combination which exceeds an overall height of
3.5 metres as measured from the ground to the highest point of the boat
shall not be stored or placed in any yard within 4.5 metres from the
property line.
3.9.12 The provision of section 3.9.11 of this by-law shall not apply where the yard
or land abuts a navigable body of water.
3.9.13 Bulk storage tank shall not be stored in any front yard and shall conform to
the Technical Standards and Safety Act, as amended.
3.10. Air Conditioners
3.10.1. All air conditioners shall be maintained in a safe mechanical and
electrical condition and shall not adversely affect areas beyond the limits
of the property by reason of noise or condensation drainage.
By-law N° 32-2024
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3.10.2. The discharge of cooling water from all water-cooled equipment shall be
made to a proper drainage system and shall be connected in accordance
with all applicable government regulations.
3.11. Burnt Material & Demolished Material
3.11.1. In the event of fire or explosion, damaged or partially burnt material,
demolished material shall be forthwith removed from the premises,
following the obtention of a demolition permit, except that such material
may be temporarily stored for a maximum period of thirty (30) days within
the barricaded fire damaged building or unit.
3.11.2. Any foundation left after a fire, explosion or the demolishment of a
structure shall be filled up and graded with an acceptable material within
thirty (30) days, in such a manner as to prevent an accident hazard.
4. RESIDENTIAL STANDARDS
4.1. General Conditions
4.1 .1. Every owner, tenant, occupant or lessee of a residential property shall
maintain the property or part thereof and the land which they occupy or
control, in a clean, sanitary and safe condition and shall dispose or
garbage and debris on a regular basis, in accordance with municipal by-
laws.
4.1.2. Every owner, tenant, occupant or lessee of a residential property shall
maintain every floor, wall, ceiling and fixture under their control, including
corridors, entrances, laundry rooms, utility rooms and other common
areas, in a clean, sanitary and safe condition.
4.1.3. Accumulations or storage of garbage, refuse, appliances or furniture in
means of egress shall not be permitted.
4.2. Pest Prevention
4.2.1. Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act, 1990.
4.2.2. Openings, including windows, that might permit the entry of rodents,
insects, vermin or other pests shall be appropriately screened or sealed.
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4.3. Foundations
4.3.1. Foundation walls of a dwelling shall conform to the provisions provided in
the Ontario Building Code and shall be maintained to prevent the entrance
of insects, rodents and moisture. Maintenance includes the shoring of the
walls to prevent settling, installing sub soil drains, where necessary, at the
footings, grouting masonry cracks, damp proofing and waterproofing walls,
joints and floors.
4.4. Windows and doors
4.4.1. Windows, doors, skylights and basement or cellar hatchways shall
conform to the provisions provided in the Ontario Building Code, and shall
be maintained in good repair, weather tight and draught-free, to prevent
heat loss and infiltration by the elements. Maintenance includes painting,
replacing damaged doors, frames and other components, window frames,
sashes and casings, weatherstripping, caulking, replacement of non-
serviceable hardware and reglazing where necessary. Where screening is
provided on windows and doors it shall also be maintained in good repair.
4.4.2. In a dwelling unit, all windows that are intended to be opened and all
exterior doors shall have suitable hardware so as to allow locking or
otherwise securing from inside the dwelling unit. At least one entrance
door to a dwelling unit shall have suitable hardware to permit locking or
securing from either inside or outside the dwelling unit, as per the Ontario
Building Code
4.4.3. All exterior and/or main door entrances of a dwelling unit shall be
approved for such installation and shall conform to the Ontario Building
Code.
4.4.4. In residential buildings, where there is a voice communication unit working
in conjunction with a security locking and release system controlling a
particular entrance door and installed between individual dwelling units
and a secured entrance area, the said system shall always be maintained
in good working order.
4.4.5. Every window in a leased dwelling unit that is located above the first storey
of a multiple dwelling shall be equipped with an approved safety device
that would prevent any part of the window from opening greater than
would permit the passage of a 100 mm diameter sphere, as per the
Ontario Building Code. Such safety device shall not prevent the window
from being fully opened during an emergency situation by an adult without
the use of tools.
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4.5. Walls, ceilings and floors
4.5.1. Every wall, ceiling and floor in a dwelling shall be
a) maintained in good repair
b) maintained so as to be easily cleaned, and
c) free of holes, cracks, loose coverings, or other defects.
4.5.2 Walls surrounding showers and bathtubs shall be maintained as to be
water-resistant and readily cleaned.
4.5.3 Every floor in a dwelling shall be reasonably smooth and acceptably
leveled.
4.5.4 Every floor in a dwelling shall be maintained so as to be free of all loose,
warped, protruding, broken or rotted boards or other material that might
cause an accident, allow dirt or mold to accumulate, or allow the entrance
of rodents and other vermin or insects.
4.5.5 Every floor in a bathroom, powder room, kitchen, shower room and
laundry room shall have a floor of water-repellent material.
4.6 Guardrails
4.6.1 A guard shall be installed and maintained in good repair on the open side
of any stairway or ramp containing three (3) or more risers including the
landing or a height of 60 cm between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies. All guards and handrails shall be installed and maintained in
good repair in accordance with the Ontario Building Code.
4. 7 Kitchens
4.7.1 Every dwelling shall contain a kitchen area equipped with the following,
which shall be installed in accordance with the applicable government
regulations:
a) a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
b) suitable storage area of not less than 0.23 cubic metres;
c) a counter or work area at least 0.61 metre in width by 1.22 metres in
length, exclusive of the sink, and covered with a material that is
impervious to moisture and grease and is easily cleanable; and
d) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
By-law N° 32-2024
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e) Where appliances are provided, they shall be maintained in good repair
and in safe condition.
4.8 Toilet and bathroom facilities
4.8.1 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin and a bathtub or suitable shower unit.
Every washbasin and bathtub or shower shall have an adequate supply of
hot and cold running water. Every water closet shall have a suitable
supply of running water, as per part 7 of the Ontario Building Code.
4.8.2 Every required bathroom or powder room shall be accessible from within
the dwelling unit and shall be fully enclosed and provided with a door
capable of being locked so as to allow privacy for the user.
4.8.3 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate
entrance shall be provided from a common passageway, hallway, corridor
or other common space to the room or rooms containing said facilities.
4.9 Plumbing
4.9.1 Each washbasin, bathtub or shower and kitchen sink shall be equipped
with an adequate supply of hot and cold running water. Hot water shall be
supplied at a temperature of not less than 43 degrees Celsius and not
more than 49 degrees Celsius.
4.9.2 Every dwelling unit shall be provided with an adequate supply of potable
running water from the water treatment plant of the Corporation.
4.9.3 All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition, free of
leaks and defects, and all water pipes and appurtenances thereto shall be
protected from freezing.
4.9.4 All plumbing fixtures shall be connected to the sewage system through
water seal traps.
4.9.5 Every fixture shall be of such materials, construction and design as will
ensure that the exposed surface of all parts is hard, smooth, impervious to
hot and cold water, readily accessible for cleansing and free from
blemishes, cracks, stains, or other defects that may harbour germs or
impede thorough cleaning.
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4.10 Electrical service
4.10.1 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system, as required under the
Ontario Electrical Safety Code.
4.10.2 The electrical wiring, fixtures, switches, receptacles, and appliances
located or used in dwellings, dwelling units and accessory buildings shall
be installed and maintained in good working order so as not to cause fire
or electrical shock hazards. All electrical services shall conform to the
regulations established by the Electrical Safety Authority.
4.10.3 Extension cords shall not be used on a permanent basis, or for any
appliances.
4.10.4 Every bathroom, powder room, kitchen, laundry room, basement,
mechanical room, cellar and non-habitable work or storage room shall be
provided with a permanent light fixture.
4.10.5 Lighting fixtures and appliances installed throughout a residential building,
including dwelling unit, including stairways, hallways, corridors,
passageways, garages and basements, shall provide sufficient
illumination so as to avoid health or accident hazards in normal use.
4.11 Heating, heating systems, chimneys, and vents
4.11.1 Every dwelling and building containing a residential dwelling unit or units
shall be provided with suitable heating facilities capable of maintaining a
room temperature of 22° Celsius in the occupied dwelling units. The
heating system shall be maintained in good working condition so as to be
capable of safely heating the individual dwelling unit to the required
standard.
4.11.2 All fuel burning appliances, equipment and accessories in a dwelling shall
be installed and maintained to the standards provided by the Ontario
Building Code, and any other applicable regulations, as amended.
4.11.3 Where a heating system or part thereof requires solid or liquid fuel to
operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location to be free from
fire or accident hazard, as per any applicable provincial laws related to
residential units.
4.11.4 Every dwelling shall be constructed or otherwise separated to prevent the
passage of smoke, fumes, and gases from that part of the dwelling which
is not used, designed, or intended to be used for human habitation into
other parts of the dwelling used for habitation. Such separations shall
By-law N° 32-2024
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conform to the Ontario Building Code.
4.11.5 All fuel burning appliances, equipment and accessories in a dwelling shall
be properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
4.11.6 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good repair so as to prevent the escape of smoke, fumes or
gases from entering a dwelling unit. Maintenance includes the removal of
all obstructions, sealing open joints, and the repair of loose or broken
masonry units by a certified chimney sweep.
4.11. 7 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good condition so as to prevent the heating of adjacent
combustible material or structural members to unsafe temperatures as per
the standards applicable to the type of fuel.
4.12 Fire escapes, alarms and detectors
4.12.1 Each dwelling and each dwelling unit shall be provided with a smoke
alarm in conformity with provincial standards. Carbon monoxide detectors
and fire alarms shall be required depending on the dwelling type, as per
the Ontario Building Code.
4.12.2 Buildings using a fire escape as a secondary means of egress shall have
the escape in good condition, free from obstructions and easily reached
through an open able window or door in accordance with the Ontario
Building Code or the Ontario Fire Code, where applicable.
4.13 Egress
4.13.1 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous, and unobstructed passage from the interior of the dwelling
and the dwelling unit to the outside at street or grade level.
4.14 Natural light
4.14.1 As per the Ontario Building Code, every habitable room except a kitchen
or bathroom shall have a window or windows, skylights or translucent
panels facing outside and admits as much natural light equal to not less
than:
a) ten (10) percent of the floor area for living and dining rooms; and
b) five (5) percent of the floor area for bedrooms and other finished
rooms.
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4.15 Ventilation
4.15.1 Every habitable room in a dwelling unit, including kitchens, bathrooms, or
powder rooms, shall have openings for ventilation providing an
unobstructed free flow of air of at least 0.28 square metres, or an
approved system of mechanical ventilation such that provides hourly air
exchanges, as per the Ontario Building Code.
4.15.2 All systems of mechanical ventilation shall be maintained in good working
order.
4.15.3 All enclosed areas including basements, cellars, crawl spaces and attics
or roof spaces shall be adequately ventilated.
4.16 Elevating devices
4.16.1 Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans and emergency communication systems shall
be operational and maintained in good condition, as per applicable
standards in the Ontario Building Code and other applicable regulations.
4.16.2 Passenger elevating devices shall conform to CSA B355 "lift for persons
with physical disabilities".
4.17 Occupancy standards
4.17.1 The number of occupants, residing on a permanent basis in an individual
dwelling unit, shall not exceed the permitted number allowed per each
bedroom, as per the Ontario Building Code.
4.17.2 No room shall be used for sleeping purposes unless it has a minimum
width of 1.8 metres and a floor area of at least 5.5 square metres. A room
used for sleeping purposes by two or more persons shall have a floor area
of at least 3.7 square metres per person.
4.17.3 Any basement, or portion thereof, used as a dwelling unit shall conform to
the following requirements:
a) each habitable room shall comply with all the requirements set out in this
by-law and the Ontario Building Code;
b) floor and walls shall be constructed so as to be damp proof and
impervious to water leakage;
c) each habitable room shall be separated from service rooms by a suitable
fire separation and approved under the Ontario Building Code or Ontario
Fire Code where applicable;
By-law N° 32-2024
Page 15 of 20
d) access to each habitable room shall be gained without passage through a
service room and shall have a secondary means of egress.
4.18 Roofs
4.18.1 Roofs of dwellings and their components shall be maintained in a weather
tight and water-tight condition, free from loose or unsecured objects or
materials.
4.18.2 The roofs of dwellings and accessory buildings shall be kept clear of
accumulations of ice or snow or both.
4.18.3 Where eavestroughs, downspouts, and/or roof gutters are provided, they
shall be kept in good repair, free from leaks and obstructions, and properly
secured to the building.
4.19 Stairs, porches, and balconies
4.19.1 Inside and outside stairs, porches, decks, treads, risers, balconies, and
landings shall be maintained so as to be free of holes, cracks, snow, ice
and other defects that may constitute accident hazards. Existing stair
treads or risers that show excessive wear or are broken, warped or loose
and any supporting structural members that are rotted or deteriorated shall
be repaired or replaced.
4.20 Structural soundness
4.20.1 Every part of a building structure shall be maintained in a structurally
sound condition so as to be capable of safely sustaining its own weight
load and any additional load to which it may be subjected through normal
use, having a level of safety as required by the Ontario Building Code.
4.20.2 Walls, roofs and other exterior parts of a building shall be free from loose
or improperly secured objects or materials.
4.20.3 If, in the opinion of the officer, there is doubt as to the structural condition
and adequacy of a building or structure or parts thereof, the officer may
order that such building or structure or parts thereof be examined by a
professional engineer, licensed to practice in Ontario and employed by the
owner of the building or authorized agent, and that a written report, which
may include drawings for any recommended remedial work designed by
the engineer, and giving details of the findings of such examination be
submitted to the officer.
By-law N° 32-2024
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4.21 Exterior walls
4.21.1 Exterior walls of a building or a structure and their components, including
soffits, fascia, windows and doors shall be maintained in good repair, free
from cracked, broken, or loose masonry units, stucco and other defective
cladding or trim, rust and rust damage. Paint or some other suitable
preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects, vermin or other damage.
4.21.2 Exterior walls of a dwelling and their components shall be free of
unauthorized signs, painted slogans, graffiti, and similar defacements.
5. VACANT LANDS AND BUILDINGS
5.1 Vacant buildings
5.1.1. Vacant buildings shall be kept cleared of all garbage, rubbish and debris
and shall have all water, electrical and gas services turned off except for
those services that are required for the security and maintenance of the
property.
5.1.2. The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings
through which entry may be obtained with at least 12.7 mm weatherproof
sheet plywood securely fastened and painted a colour compatible with the
surrounding walls.
5.2. Vacant lands
5.2.1. Vacant land shall be maintained to the standards as described in
section 3.9 of this by-law.
5.2.2. Vacant land shall be graded, filled, reseeded or resodded, so as to be
properly drained to prevent recurrent ponding of water.
6. NON-RESIDENTIAL PROPERTY STANDARDS
6.1. Yards
6.1.1. The warehousing or storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect
of the property shall be maintained in a neat and orderly fashion so as not
to create a fire, accident, hazard, or any unsightly condition and shall
provide unobstructed access for emergency vehicles. Where conditions
By-law N° 32-2024
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are such that a neat and orderly fashion is achieved but is still offensive to
view, the offensive area shall be suitably enclosed by a solid wall or a
painted board or metal fence not less than 1.8 metres in height and
maintained in good repair.
6.2. Parking areas and driveways
6.2.1. All areas used for vehicular traffic and parking shall have a surface
covering of asphalt or concrete and shall be kept in good repair free of dirt
and litter. Notwithstanding the foregoing, non-residential properties that
abut residential properties, all areas used for vehicular traffic and parking
shall have a surface covering of asphalt, or similar hard surface.
6.2.2. All areas used for vehicular traffic, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal use and
weather conditions.
6.2.3. All buildings requiring a fire route, said fire route shall conform to the
Ontario Building Code, and other applicable regulations. The fire route
shall be structurally sufficient to accommodate heavier vehicles, to the
satisfaction of the Town.
6.3. Structural soundness
6.3.1. Every part of a building structure shall be maintained in a sound condition
so as to be capable of safely sustaining its own weight load and any
additional load to which it may be subjected through normal use, having a
level of safety required by the Ontario Building Code. Structural members
or materials that have been damaged or indicate evidence of deterioration
shall be repaired or replaced and may need to be verified by a
professional engineer, licensed to practice in Ontario.
6.3.2. Walls, roofs and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
6.4. Exterior walls
6.4.1. Exterior walls of a building or a structure and their components, including
soffits, fascia, windows and doors, shall be maintained in good repair, free
from cracked, broken or loose masonry units, stucco and other defective
cladding or trim, rust and rust damage. Paint or some other suitable
preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects, vermin or other damage.
6.4.2. Exterior walls of a building or a structure and their components shall be
free of unauthorized signs, painted slogans, graffiti and similar
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defacements.
6.5. Guardrails
6.5.1. A guard shall be installed and maintained in good repair on the open side
of any stairway or ramp containing three (3) or more risers including the
landing or a height of 60 cm between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches,
balconies. All guards and handrails shall be installed and maintained in
accordance with the Ontario Building Code.
6.6. Lighting
6.6.1. All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all
persons attending the premises or as may be required for industrial and
commercial properties by the Occupational Health and Safety Act, 1990.
However, lighting shall not be positioned so as to cause any impairment of
use or enjoyment of neighbouring properties and roadways.
7. ADMINISTRATION
7.1. Validity
7.1.1. This by-law shall apply to all property within the boundaries of the
Corporation of the Town of Hawkesbury.
7.1.2. Where a provision of this by-law conflicts with a provision of another by-
law in force within the municipality, the provisions that establish the
highest standards to protect the health, safety and welfare of the general
public, shall prevail.
7 .1.3. If any section, clause or provision of this by-law is for any reason held by a
court of competent jurisdiction to be invalid, the validity of the remaining
sections shall continue to be in effect until repealed.
7.2. Property Standards Officer and Committee of Adjustment
7.2.1. Council shall appoint a Property Standards Officer(s) to be responsible for
the administration and enforcement of this by-law.
7.2.2. A committee of adjustment shall be established as per By-law N° 75-2018.
By-law N° 32-2024
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7.2.3. Every person who initiates an appeal of an Order made under Section
15.2(2) of the Ontario Building Code Act, 1992, shall submit a Notice of
Appeal in the time frame and the manner as prescribed in section 15.3 (1)
of the Act. All Notices of Appeal shall be accompanied by a non-
refundable payment of two hundred fifty dollars ($250.00), as per the
Town's administrative fees by-law.
7.3. Penalty
7 .3.1. Any person who contravenes any provision of this By-law shall be liable to
pay the Town an Administrative Monetary Penalty, upon issuance of a
penalty notice in accordance with the Town of Hawkesbury's
Administrative Monetary Penalties System (AMPS) By-law, as may be
amended from time to time.
7.3.2. Despite subsection 7.3.1, if a corporation is convicted of an offence under
this by-law, upon conviction, is liable to a fine as prescribed by law.
7.4. Issuance of Certificate of Compliance
7.4.1. Following the inspection of a property, the Officer may, or on the request
of the Owner, issue to the Owner a Certificate of Compliance if, in their
opinion, the property is in compliance with the standards of this by-law.
7.4.2. If a Certificate of Compliance is issued at the request of the Owner, the
Owner shall pay a fee of sixty dollars ($60.00).
8.
COMPLIANCE
8.1. The owner of any property which does not conform to the standards as set out in
this by-law shall repair and/or maintain said property to comply with the
standards or the property shall be cleared of all buildings, structures, debris or
refuse and left in a leveled and graded condition.
9. TRANSITIONAL RULES
9.1.After the date of passing this by-law, By-law N° 75-2001 shall apply only to those
properties in which an Order to Comply has been issued prior to the date of
passing of this by-law, and then only to such properties until such time as the
work required by such Order has been completed or any enforcement
proceedings with respect to such Order, including any demolition, clearance, or
repair carried out by the municipality shall have been concluded.
By-law N° 32-2024
Page 20 of 20
10. ENACTMENT
10.1. That By-law N° 50-2001 and all amending by-laws, as well as by-law N° 30-96
are hereby repealed.
10.2. That Schedule "A-4" be added to be part of Schedule A "Designated by-laws"
of By-law N° 8-2024 Administrative Monetary Penalty System.
10.3. That this by-law shall come into force on the date of its passing.
READ A FIRST, SECOND AND DULY PASSED UPON THE THIRD READING,
THIS 13th DAY OF MAY 2024.
Schedule "A-5"
By-law N° 32-2024
Being a by-law to provide standards
for the maintenance and occupancy of property
in the Town of Hawkesbury
Item#
Property Standards
BY-LAWN° 32-
Penalty Amount
1.
Any person who contravenes any
provision of this By-law shall be liable to
pay the Town an Administrative Monetary
Penalty, upon issuance of a penalty
notice in accordance with the Town of
Hawkesbury's Administrative Monetary
Penalties System (AMPS) By-law, as
may be amended from time to time.
2024
Sec. 7.3.1.
500.00