This is the exact embedded text of the captured official document.
Snapshot 77bcf4e0f98f · verified 2026-10-19 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWN OF HEARST
BY-LAW NO. 37-2020
Being the Property Standards by-law
for the Town of Hearst____________
WHEREAS under Section 15.1(3) of the Building Code Act, S.0. 1992, c.23, a By-
law may be passed by the Council of a municipality prescribing the standards for
the maintenance and occupancy of property within the municipality provided the
official plan for the municipality includes provisions relating to property
conditions;
AND WHEREAS the Official Plan for the Corporation of the Town of Hearst
includes provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Town of Hearst is desirous
of passing a By-law under Section 15.1(3) of the Building Code Act, S.0. 1992,
c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23
requires that a By-law passed under Section 15.1(3) of the Building Code Act,
S.O. 1992, c.23 shall provide for the establishment of a Property Standards
Committee;
NOW THEREFORE the Council of The Corporation of the Town of Hearst hereby
enacts as follows:
1. THAT the Town of Hearst Property Standards By-law, the contents being
attached herewith, be hereby adopted.
2. THAT By-law No. 20-82 be hereby repealed.
3. THAT this by-law shall be effective on the date of its final passing.
READ AND PASSED IN FIRST AND SECOND READING IN OPEN COUNCIL
THIS 26th DAY OF MAY, 2020.
MAYOR
CLERK
READ AND PASSED IN THIRD READING IN OPEN COUNCIL
THIS 2ND DAY OF JULY, 2020.
MAYOR
CLERK
TOWN OF HEARST PROPERTY STANDARDS
PART 1
DEFINITIONS
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01
SCOPE
2.02
YARDS
2.03
OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
2.04
UNENCLOSED PORCH - BALCONY
2.05
GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
2.06
LOT GRADING-DRAINAGE
2.07
WALKWAYS AND DRIVEWAY
2.08
PARKING LOTS
2.09
EXTERIOR LIGHTING
2.10
RETAINING WALL
2.11
WELLS - CISTERN-CESSPOOL -PRIVY VAULT-PIT OR EXCAVATION
2.12
ACCESSORY BUILDINGS
2.13
FENCE
2.14
TOWER-GANTRIES-MASTS-ANTENNAE
2.15
SIGNS
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
3.02 FOUNDATION WALLS-BASEMENTS
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS
3.05 WINDOW SCREENS
3.06 CANOPIES-MARQUESS-AWNINGS
3.07 ROOF
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
3.09 CHIMNEY FLUES
3.10 GARAGE-CARPORT
PART4
INTERIOR OF BUILDINGS STRUCTURES AND DWELLINGS
4.01
INTERIOR STRUCTURE-COLUMNS-BEAMS
4.02
WALLS-CEILINGS
4.03
FLOORS
4.04
STAIRS- HANDRAILS-GUARDS
4.05
ELEVATORS
4.06
MEANS OF EGRESS
4.07
HEATING- AIR CONDITIONING
4.08
ELECTRICAL
4.09
VENTILATION
4.10
LIGHTING
4.11
PLUMBING
4.12
WATER SUPPLY
4.13
SEWAGE SYSTEM
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01
OCCUPANCY STANDARDS
5.02
TOILET AND BATHROOM FACILITIES
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01
YARDS
6.02
GUARDRAILS
6.03
VENTILATION
6.04
LIGHTING
6.05
SALVAGE YARD
PART 7
VACANT-DAMAGED-DEMOLITION
7.01
VACANT LAND
7.02
VACANT BUILDING
7.03
DAMAGE BY FIRE-STORM-OTHER CAUSES
7.04
DEMOLISH BUILDING
PART 8
ADMINISTRATION AND E N FORCEMENT
8.01
BY-LAW
8.02
COMMITTEE
8.03
NON-COMPLIANCE
8.04
CONFLICTS-BY-LAWS-STANDARDS-REGULATIONS
8.05
VALIDITY
8.06
PENALTY
8.07
SEVERABILITY
8.08
TRANSITIONAL RULES
8.09
TITLE
PART 1
DEFINITIONS
1.01 In this By-law:
1)
"Accessory Building"- means a detached building or structure, not used
for human habitation that is subordinate to the primary use of the same
property;
2)
"Act" -means an enactment or statute of the Province of Ontario;
3)
"Approved"- means acceptance by the Property Standards Officer;
4)
"Basement" - shall mean that portion of a building between two floor
levels, which is partly underground, and which has at least one-half its
height from finished floor to the underside of the first floor joists above the
average finished grade level adjacent to the exterior walls of the building;
5)
"Building" - means any structure used or intended to be used for
supporting or sheltering any use or occupancy;
6)
"Building Code" - means the Building Code Act, 1992 , c.23 and any
regulations made under that Act;
7)
"Chief Building Official" - means the Chief Building Official appointed
under Section 3 of the Building Code Act, 1992, c. 23 and having
jurisdiction for the enforcement thereof;
8)
"Citation - Property Standards By-law" This Chapter may be cited as the
"Property Standards By-law";
9)
"Code" - means a regulation of the Province of Ontario known,
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety
Code;
c) with respect to matters relating to fire, as the Fire Code; and
d) with respect to matters relating to plumbing, as the Plumbing Code.
10)
"Committee" - means a Property Standards Committee established under
this Bylaw;
11)
"Council" - shall mean the Council of the Corporation of the Town of
Hearst;
12)
"Dwelling" - means a building structure, mobile home or recreational
vehicle with or without kitchen facilities or a part of such a building or
structure, which is, or is intended to be used for the purpose of human
habitation, and includes such a building, home or vehicle that would be or
would be intended to be used for such purposes, except for its state of
disrepair;
13)
"Dwelling unit" - means a room or a suite of rooms operated as a
housekeeping unit, used or intended to be used as a domicile by one or
more persons and supporting general living conditions usually including
cooking, eating, sleeping, and sanitary facilities. Dwelling unit is two or
more rooms used or designed to be used by one or more individuals as an
independent or self-contained domestic unit or housekeeping
establishment;
14)
"Exterior property area" - means the building lot excluding buildings;
15)
"Fence" -means any structure, wall or barrier, other than a building,
erected at grade for the purpose of defining boundaries of property,
separating open space, restricting ingress to or egress from property,
providing security or protection to property or acting as a visual or acoustic
screen;
16)
"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 (5.9 feet) above grade;
17)
"Ground cover" - means organic or non-organic material applied to
prevent soil erosion such as concrete, flagstone, gravel, asphalt, grass or
other landscaping;
18)
"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 them;
19)
"Habitable room" - means any room in a dwelling unit used or designed to
be used for the purpose of living, sleeping, eating, cooking or preparation
of food and without limiting the foregoing shall include den, library,
sunroom or recreational room or any combination thereof;
20)
"Non-habitable space" - means a bathroom, toilet room, water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway,
passageway, closet, storage room, boiler room, furnace room, accessory
space for service, maintenance or access within a building or a room or
space which does not comply with the minimum standards for residential
occupancy;
21)
"Non-Residential Property" - means a building or structure or part of a
building or structure not occupied in whole or in part for the purpose of
human habitation, and includes the lands and premises appurtenant and all
of the outbuildings, fences or erections thereon or therein;
22)
"Occupant" - means any person or persons over the age of eighteen (18)
years in possession of the property;
23)
"Officer" - means a Property Standards Officer who has been assigned by
the Council the responsibility of administering and enforcing the provisions
of this By-law;
24)
"Owner" - includes the owner in trust, a mortgagee in possession, the
person for the time being, managing or receiving the rent of the land or
premises in connection with which the word is used whether on his own
account, or as agent or trustee of any other person, or who would receive
the rent if the land and premises were let, and shall also include a lessee or
occupant of the property who, under the terms of a lease, is required to
repair and maintain the property in accordance with the standards for the
maintenance and occupancy of property;
25)
"Person" - means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind;
26)
"Property" - means a building or structure or part of a building or
structure, and includes the lands and premises appurtenant thereto and all
mobile homes, mobile buildings, mobile structures, outbuildings, fences and
erections thereon whether heretofore or hereafter erected and includes
vacant property;
27)
"Repair" - includes the provision of such facilities and the making of
additions or alterations or the taking of such action as may be required so
that the property shall conform to the standards established in this By-law;
28)
"Safe condition"- means a condition that does not pose or constitute an
undue or unreasonable hazard or risk to life, limb or health of any person
on or about the property, and includes a structurally sound condition;
29)
"Sewage system" - means the Corporation of the Town of Hearst system
of storm sewers, sanitary sewers and combined sewers, or a private
sewage disposal system approved by the Chief Building Official within the
Corporation of the Town of Hearst;
30)
"Sign" - means any device or notice, including its structure and other
component parts, which is used or capable of being used to identify,
describe, illustrate advertise or direct attention to any person, business,
service, commodity or use;
31)
"Town" - shall mean The Corporation of the Town of Hearst unless the
context requires otherwise;
32)
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle
or other mechanical power driven equipment, whether operable or not;
33)
"Visual barrier" - shall mean a continuous, uninterrupted structure and/or
fence which completely blocks lines of sight when viewed perpendicularly
from either of its sides and shall consist of one or more of the following
materials: wood, stone, bricks, mortar, fabricated metal or other similarly
solid material approved by the Property Standards Officer or Chief Building
Official;
34)
"Waste"- means any debris, rubbish, refuse, sewage, effluent, discard, or
garbage of a type arising from a residence, belonging to or associated with
a house or use of a house or residential property and/or from industrial or
commercial operations, or belonging to or associated with industry or
commerce or industrial or commercial property, which for greater certainty
includes all garbage, discarded material or things, broken or dismantled
things, and materials or things exposed to the elements, deteriorating or
decaying on a property due to exposure or the weather;
35)
"Yard" means the land other than publicly owned land around or
appurtenant to the whole or any part of a residential or non-residential
property and used or capable of being used in connection with the property.
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
1.
No person, being the owner or occupant of a property, shall fail to
maintain the property in conformity with the standards required in this
By-law.
2.
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
in this By-law or shall clear the property of all buildings, structures, debris
or refuse and shall leave the property in a graded and leveled condition.
3.
All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned.
4.
All new construction or extensive repairs shall conform to the Ontario
Building Code,1992, S.O. 1992, c.23 where applicable.
5.
This by-law does not apply so as to prevent a farm, meeting the definition
of "agricultural operation" under the Farming and Food Production
Protection Act, 1998, S.O. 1998, c. 1, from carrying out a normal farm
practice as provided for and defined under that Act.
2.02 YARDS
Yards shall be kept clean and free of litter, rubbish, waste, salvage, refuse,
decaying or damaged trees, branches and limbs, objects or conditions that might
create a health, fire or accident hazard.
1.
Every property shall be kept free from garbage, rubbish, waste or
accumulations of such materials that prevent access to or exit from the
property
2.
Without restricting the generality of this Section, such maintenance
includes the removal of:
a) rubbish, garbage, waste, litter and waste;
b) trees , bushes and hedges, including any branches or limbs thereof,
which are dead, decayed or damaged, and brush;
c) wrecked, dismantled, inoperative or discarded vehicles, trailers,
machinery or parts thereof, except in an establishment licensed or
authorized to conduct a salvage, wrecking or repair business and then
only if such establishment conforms with any relevant by-laws, chapters
or statutes; and
d) dilapidated or collapsed buildings, structures or erections, and the filling
in or protecting of any unprotected well.
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
No machinery or parts thereof, or other object or material, not associated with the
normal occupancy and use of a property, including among other things, appliances,
fixtures, paper, cartons, boxes, or building material such as lumber, masonry
material or glass, other than that intended for immediate use on the property,
shall be stored or allowed to remain on an exterior property area.
2.04 UNENCLOSED PORCH - BALCONY
Every unenclosed porch or unenclosed balcony, and every exterior and common
area shall be kept free of garbage, waste, or appliances.
2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
Grass, trees, bushes, hedges, and other landscaping, shall be maintained to
prevent overgrowth in relation to the neighbouring environment.
2.06 LOT GRADING-DRAINAGE
1.
All yards shall be provided and maintained with adequate surface water
drainage, including suitable provisions for its disposal, without causing
erosion, or the entrance of water into a basement or crawlspace.
2.
No roof, driveways or other surface drainage, and the drainage of water
from swimming pools shall be discharged on an entranceway, walkway,
sidewalk, stair, steps or adjacent property, or on to any highway, or in such
a manner that it will penetrate or damage a building, structure or property.
3.
Every roof drainage system shall be discharged onto the ground at least 1
meter from the building or structure, providing that it does not damage
adjacent properties, or cause erosion.
4.
No fill shall be allowed to remain in an unleveled state on any property for
longer than fourteen (14) days, unless the property is a construction site
for which a building permit is in effect.
2.07 WALKWAYS AND DRIVEWAY
Surface conditions of walkways, driveways and yards shall be installed and
maintained in a safe condition with non-organic ground cover so as to:
a) prevent ponding of storm water;
b) be kept free of garbage and waste;
c) provide for safe passage under normal use and weather conditions, day or
night.
2.08 PARKING LOTS
1.
Parking lots, driveways and other similar public access areas of a yard shall
be maintained so as to afford safe passage under normal use and be free
from health and other hazards.
2.
Parking lots, driveways and other similar public access areas of a yard shall
be kept clean and free of litter, rubbish, waste, salvage, refuse, decaying or
damaged trees, branches and limbs, objects or conditions that might create
a health, fire or accident hazard.
2.09 EXTERIOR LIGHTING
1.
Every stairway, exterior exit and entrance doorway, cellar, basement
entrance or building entrance shall have a permanently installed lighting
fixture that shall be maintained in good working order.
2.
All underground parking areas and common areas shall be illuminated so as
to provide safe passage under normal use.
3.
Facilities for lighting shall be maintained in a good working order.
2.10 RETAINING WALL
All retaining walls, screen walls and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition.
2.11 WELLS-CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
A well, cistern, cesspool, privy vault, pit or excavation shall be permanently
sealed, or secured by a fence, cover or netting, unless it is in active use, in which
event it shall be secured by fencing with warning signs until the use
has
ceased, whereupon they shall be sealed or secured as required above.
2.12 ACCESSORY BUILDINGS
The foundations, walls, roofs and all parts of accessory buildings and other
structures appurtenant to the main building shall be:
a) constructed with suitable materials;
b) maintained in good repair;
c) protected from deterioration by the application of paint, cladding or other
suitable protective material.
2.13 FENCE
A fence erected on a property or separating adjoining properties shall be
maintained:
a) in good repair; (free from loose or insufficiently secured, rotten, warped, or
broken materials);
b) in a safe and structurally sound condition so as to be capable of sustaining
safely its own weight together with any load to which it might reasonably be
subject to;
c) shall be free of dangerous objects, and;
d) reasonably plumb, unless specifically designed to be other than vertical.
2.14 TOWER-GANTRIES-MASTS-ANTENNAE
Towers, gantries, masts, antennae and structures of similar character and
any
attachment thereto shall be maintained:
a) reasonably plumb, unless specifically designed to be other than vertical;
b) in good repair; and
c) in a safe and structurally sound condition.
2.15 SIGNS
A sign and any structure connected therewith shall be installed and maintained:
a) in good repair;
b) in a safe and structurally sound condition; and
c) in a reasonably vertical plane unless otherwise approved by the Corporation of
the Town of Hearst. An unused or discarded sign shall be removed from the
property or shall be stored within a building.
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
1.
All repairs and maintenance of property required by the standards
prescribed in this By-law shall be carried out in a manner accepted as good
workmanship in the trades concerned and with materials suitable and
sufficient for the purpose.
2.
Every part of a property shall be maintained in good repair and in a
structurally sound condition so as:
a) to be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
b) to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c) to prevent the entry of moisture that would contribute to damage,
fungus growth, decay or deterioration; and
d) to be capable of safely and adequately performing its function subject to
all reasonable serviceability requirements.
3.02 FOUNDATION WALLS-BASEMENTS
1.
All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound.
2.
Every basement, cellar and crawl space in a property shall be maintained in
a reasonably watertight condition so as to prevent or control the leakage of
water into the building.
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
All exterior walls and surfaces of every building or structure shall be sound,
plumb, and weather tight, free from loose or unsecured objects and maintained in
good repair for greater clarity, good repair includes, but is not limited to:
1.
Being free from cracked or broken masonry units, defective or deteriorated
wood or metal siding or trim, cracked, broken or loose stucco, loose or
unsecured objects; and
2.
Being so maintained by the painting, restoring or repairing of the walls,
coping or flashing, by the waterproofing of joints and the walls themselves,
by the installation of or repairing of weather tight finishing, or the
installation of termite shields, if required; and,
3.
All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and
the covering renewed when it becomes damaged or deteriorated; and,
4.
Every part of a building including the exterior shall be maintained in a
structurally sound condition and so as to be capable of sustaining safely its
own weight and any additional weight that may be put on it through normal
use.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1.
Windows , skylights, exterior doors and frames, basement or cellar
hatchways, attic access doors including storm and screen doors and storm
windows shall be maintained in good working order, good repair, in a safe
condition and shall be of such construction so as to prevent the entrance of
wind, snow or rain into the building.
2.
At least one entrance door in every dwelling unit shall have hardware so
as to be capable of being locked from inside and outside the dwelling
unit.
3.
All windows capable of being opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured from
inside the building and at least one entrance door shall have hardware as to
be capable of being locked from inside and outside.
4.
All windows capable of being opened shall be equipped with a screen to
prevent the passage of insects and the screen shall be maintained in a good
condition.
3.05 WINDOW SCREENS
1.
When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window or similar closure, it
shall be protected with:
a) mesh screening, metal grills, or other equivalent durable rust proof
material; or
b) other protection so as to effectively prevent the entry of rodents,
large insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
All canopies, marquees and awnings shall be properly anchored so as to be kept
in safe and sound condition and shall be protected from decay and rust by
application of weather-coating material.
3.07 ROOF
1.
Every roof and all of its components shall be maintained in good repair and
in a safe and structurally sound condition.
2.
Without restricting the generality of this Section, such maintenance
includes:
a) removal of loose, unsecured or rusted objects or materials;
b) keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
c) keeping all roof-related structures plumb unless specifically designed
to be other than vertical.
3.08 EAVESTROUGH SYSTEM- METAL DUCTS-FLASHING
1.
Eavestrough, roof gutter, rainwater pipe, downspouts, flashing and all
exterior ducts shall be properly secured free from loose or unsecured
objects, free from obstructions and health hazards, weather-tight, free of
holes and maintained in good repair.
2.
Everyeaves trough, roof gutter, rainwater pipe, downspout and flashing shall
be properly secured and be kept in good repair, free from obstructions and
health hazards.
3.
Metal eavestroughs, rainwater pipes, flashing and all exterior metal ducts
shall be kept free from rust by application of a suitable protective material
such as paint, and shall be renewed when necessary.
4.
Every roof drainage shall be discharged onto the ground at least 1 meter
from the building or structure, when it is physically possible to do so,
providing that it does not adversely affect adjacent properties, or cause
erosion.
3.09 CHIMNEY FLUES
1.
Chimneys, vent pipes, smoke stacks, flues, ducts and other similar
equipment shall be constructed, installed and maintained free from
obstruction and shall prevent:
a) the entrance of smoke or gases into a building;
b) the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures; and
c) fire, health or other hazards.
2.
Any fuel burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe or
chimney.
3.10 GARAGE-CARPORT
Garages and carports, including floors, shall be maintained in good repair and free
from hazards.
PART4
INTERIOR OF BUILDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
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.
4.02 WALLS-CEILINGS
1.
Interior surfaces and finishes of walls and ceilings shall be maintained:
a) in good repair, a surface which is reasonably smooth, clean, tight and
easily cleaned;
b) free of holes, cracks, loose plaster or other material;
c) in a safe condition; and
d) so as to possess the fire resistant properties required by the Building
and Fire Codes.
2.
In any bathroom the walls to a height of 106.68 cm (42 inches) above a
bathtub equipped with a shower or 1.82 metres (6 feet) above the floor of a
shower stall, shall be maintained as to be water resistant and readily cleaned.
4.03 FLOORS
1.
Every floor shall be smooth and level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create an
unsafe condition or surface. Such defective floors shall be repaired or
replaced.
2.
Where a floor covering has become worn or torn so that it retains dirt or
may create an unsafe condition, the floor covering shall be repaired or
replaced.
3.
Every bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and be capable of being cleaned.
4.
Every cellar and basement shall have a floor of concrete or other material
acceptable under the provisions of the Building Code, to ensure water
drainage and to guard against the entry of vermin.
4.04 STAIRS- HANDRAILS-GUARDS
1.
Every inside or outside stair and every porch or landing appurtenant to it
shall be maintained so as to be free of holes, cracks and other defects
which constitute accident hazards.
2.
All handrails and balustrades, stairways, fire escapes, balconies, landings
and porches and similar appurtenances shall be maintained in good repair so
as to be free of holes and other defects which constitute accident hazards,
shall be properly anchored so as to be kept in a safe and secured condition,
shall be structurally sound for the loads imposed through their normal use
and, if metal, shall be protected from rust or similar decay by a periodic
application of paint.
3.
Handrails shall be installed and maintained in good repair on all exterior
stairs that have more than 3 risers and on all interior stairs within dwelling
units that have more than 2 risers.
4.
All handrails and balustrades, stairways, fire escapes, balconies, landings
and porches and similar appurtenances shall be maintained in good repair,
shall be properly anchored so as to be kept in a safe and secured condition,
shall be structurally capable of supporting the loads imposed through their
normal use and, if metal, shall be protected from rust or similar decay by a
periodic application of a protective coating such as paint.
4.05 ELEVATORS
1.
Elevating devices in a building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators and ventilation fans shall be maintained in
good repair and operational.
2.
All elevating devices including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices shall be installed and maintained:
a) in good working order and good repair; and
b) in a safe condition.
4.06 MEANS OF EGRESS
1.
In every multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance into the
multiple dwelling and that system is controlled from each dwelling unit,
such system shall be maintained in good repair and in an operating
condition.
2.
Where a non-residential building contains dwelling units located at
other than grade level, there shall be a secondary means of continuous and
unobstructed egress from such dwelling units.
3.
All means of egress within a non-residential property shall be provided
with lighting facilities capable of illuminating the means of egress to ensure
the safe passage of persons exiting the building.
4.07 HEATING
1.
Every residential dwelling shall have heating equipment capable of
maintaining a temperature of 21°Celsius.
2.
It is the responsibility of the owner that all heating and mechanical
systems, and their components be installed, operational and maintained in
good working order.
3.
Only heating equipment approved for use by a recognized standards and
testing authority shall be provided in a room used or intended for use for
sleeping purposes.
4.
No rental residential dwelling unit shall be equipped with portable heating
equipment as the primary source of heat.
5.
Solid fuel burning appliances shall conform to the standards as set out in
the Building Code. Fireplaces and similar construction used or capable of
being used for burning fuels in open fires shall be connected to approved
chimneys and shall be installed so as not to create a fire hazard to nearby
or adjacent combustible materials and structural members.
6.
If heating equipment burns solid or liquid fuel, a storage place or receptacle
for the fuel shall be provided in a safe place and maintained in a safe
condition.
7.
Fuel-burning equipment shall be vented to a flue by means of rigid
connections leading to a chimney or a vent or flue. All flues shall be kept
clear of obstructions.
8.
Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the building.
4.08 ELECTRICAL
1.
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system. An adequate supply of
electrical power shall be available in all occupied parts of every dwelling,
suite and building.
2.
The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide adequate
capacity for the use of the building and such connections, circuits, wiring and
outlets along with any fuses, circuit breakers and other appurtenances
thereto shall be installed and maintained in good working order.
3.
Extension cords are not permitted on a permanent basis.
4.09 VENTILATION
1.
Ventilation shall be provided to and maintained and operated in all rooms
and spaces within a building so as to prevent accumulations of heat, dust,
fumes, gases, including carbon monoxide, vapours and other contaminants
which may create a fire, explosion, toxic hazard or health hazard.
2.
Every ventilation system shall be cleaned regularly and maintained in good
working condition and good repair.
3.
When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be
protected with screens in accordance with this By-law.
4.
An opening for natural ventilation may be omitted from a bathroom or toilet
room where a system of mechanical ventilation has been provided.
5.
Every basement, cellar, unheated crawl space and attic shall be vented and
such vents shall be designed and maintained to prevent entry of snow, rain,
rodents and insects:
4.10
LIGHTING
1.
Every stairway, exterior exit and entrance doorway, bathroom, toilet room,
kitchen, hall, cellar, basement, laundry, furnace room and non-habitable
work room in a suite, dwelling unit or building shall have a permanently
installed lighting fixture that shall be maintained in a safe condition and in
good working order.
2.
Lighting equipment shall be installed throughout every property to provide
adequate illumination for the use of each space so as to provide safe
passage.
4.11
PLUMBING
1.
All plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the sewage system shall be maintained
in good working order and free from leaks and defects and all water pipes
and appurtenances thereto shall be protected from freezing.
2.
Plumbing systems on a property shall be provided, installed and
maintained:
a) in compliance with the respective requirements of any applicable Act or
By-law;
b) in good working order and good repair; and
c) in a safe condition.
3.
All plumbing fixtures shall be connected to the sewage system through
water seal traps.
4.12
WATER SUPPLY
1.
Every dwelling and every building to which water is available under pressure
through piping shall be provided with:
a) adequate supply of hot water with a temperature range from 60 to 73.8
Celsius shall be provided and maintained in all dwelling units; and
b) piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
c) piping for cold water connected to every toilet and hose bib.
4.13
SEWAGE SYSTEM
1.
Every plumbing fixture in every building shall discharge the water, liquids
or sewage into drainage piping, which shall be connected to a municipal
sewage system, or a system approved by the authority having jurisdiction
and in accordance with all applicable law.
2.
Sewage or organic waste shall not be discharged to the surface of the
ground, but into a sewage system where such system exists. Where a
sewage system does not exist, sewage or organic waste shall be disposed of
in a manner according to the Ontario Building Code.
PART 5
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL
OCCUPANCY
5.01
OCCUPANCY STANDARDS
1.
A non-habitable room shall not be used as a habitable room.
2.
No kitchen shall be used as a bedroom.
3.
No basement or portion thereof shall be used as a dwelling unit, unless it
meets the following requirements:
a) access to each habitable room shall be gained without passage through
a furnace room, boiler room or storage room;
b) each habitable room shall comply with all the requirements for ingress,
egress;
c) light, ventilation, and ceiling height set out in this By-law;
d) floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5.02
TOILET AND BATHROOM FACILITIES
1.
Every dwelling unit shall contain plumbing fixtures in good repair and in an
operative condition, consisting of a minimum of one toilet, one sink, and one
bathtub or shower.
2.
All bathrooms and toilet rooms shall be located within and accessible from
within the dwelling unit.
3.
All bathrooms and toilet rooms shall be fully enclosed and maintained so as
to provide privacy for the occupant.
4.
No toilet or urinal shall be located within a bedroom or a room that is used
for the preparation, cooking, storing or consumption of food.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01
YARDS
1.
Every owner, and every occupant in that part of non-residential property
that is occupied or controlled by the occupant, shall maintain to the
standards as described in Part 2 of this By-law and:
a) in a sanitary and safe condition, free from litter, refuse and waste
including such litter and refuse as may be left by customers or other
members of the general public and shall provide containers for the
disposal of such litter or refuse;
b) free from objects conditions which are health, fire or safety hazards; and
2.
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 or accident hazard or any unsightly condition and shall
provide unrestrictive access for emergency vehicles. Where conditions 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 (5.9 feet) in height and
maintained in good repair.
6.02
GUARDRAILS
A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a
height of 600 mm (2 feet) 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. Guardrails,
balustrades, and handrails shall be constructed and maintained rigid in nature.
6.03
VENTILATION
1.
All non-residential properties shall be adequately ventilated by natural or
mechanical means and with regard to the operations carried on therein, to
ensure that persons within the property are not exposed to conditions
deleterious to their health or safety.
2.
Ventilation shall be provided for every locker room, clothes drying room
and room in which plumbing fixtures are installed, either by means of
natural ventilation through openings directly to the outside air or by means
of mechanical ventilation, which ventilation will ensure a complete change
of air within the rooms at least once per hour.
3.
Mechanical ventilating equipment and the supports shall be maintained in
good repair and in safe mechanical condition.
6.04
LIGHTING
All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending
the premises.
6.07 SALVAGE YARD
Salvage yards shall be effectively screened from public view.
PART 7
VACANT- DAMAGED-DEMOLITION
7.01
VACANT LAND
Vacant land shall be maintained to the standards as described in Part 2 of this By-
law.
7.02
VACANT BUILDING
1.
If any building is unoccupied for more than 90 days, the owner or the
agent shall protect every such building against the risk of fire, accident, or
other hazard and shall effectively prevent the entrance thereto of all
unauthorized persons.
2.
The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings
through which entry may be obtained with at least 12.7 mm (0.5 inches)
weatherproof sheet plywood securely fastened to the building and painted a
colour compatible with the surrounding walls.
3. If a building remains vacant for a period of more than ninety (90) days, the
owner or agent thereof, shall ensure that all utilities serving the building
are properly disconnected or otherwise and secure the building to prevent
accidental or malicious damage to the building or adjacent property, but
this provision shall not apply where such utilities are necessary for the
safety or security of the building.
7.03
DAMAGE BY FIRE-STORM-OTHER CAUSES
1.
In the event of fire or explosion, damaged or partially burned material shall be
removed from the premises, except that such material may be temporarily
stored within the barricaded damaged building or structure, provided that
such storage does not exceed ninety (90) days.
2.
Fire damaged buildings, or portions thereof, shall be repaired to their original
condition or shall be demolished accordingly within ninety (90) days.
7.04
DEMOLISH BUILDING
1.
Where a building, accessory building, fence, or other structure is
demolished and removed of all containments, the property shall be cleared
of all rubbish, waste, refuse, masonry, lumber, wood, and other materials
and left in a graded and leveled condition immediately upon demolition.
2.
Where a building, accessory building, fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining
property and members of the public. The precautions to be taken include the
erection of fences, barricades, covered walkways for pedestrians and any
other means of protection necessary for the protection of the adjoining
property and members of the public.
PART 8
ADMINISTRATION AND ENFORCEMENT
8.01
This By-law shall apply to all properties within the limits of the municipality.
8.02 COMMITTEE
1.
A Property Standards Committee shall be appointed by Council and shall
consist of three (3) resident Hearst ratepayers.
2.
Should a member vacate the Committee, Council shall appoint a resident
Hearst ratepayer as soon as practicable.
8.03 NON-COMPLIANCE
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, waste or refuse and left in a levelled and graded condition.
2.
Where any person fails to comply with an order issued, the Municipality
may cause the required work to be done at the cost of the person. The cost
of such work may be recovered by action or by adding the costs to the tax
roll and collecting them in the same manner as property taxes.
8.04 CONFLICTS-BY-LAWS-STANDARDS-REGULATIONS
Where a provision of this Chapter conflicts with the provisions of another By-law,
Act, or Regulation in force within the municipality, the provision, which establishes
the higher standards to protect the health, safety and welfare of the occupants and
the general public, shall prevail.
8.05 VALIDITY
If any provision or article of this By-law is for any reason found to be invalid by a
court of competent jurisdiction, the provision or article found to be invalid shall be
severed from the Chapter and the remaining provisions or article shall remain in
effect until repealed.
8.06 PENALTY
An owner who fails to comply with an order that is final and binding under this By-
law is guilty of an offence under Section 36(1) of the Building Code Act, S.O. 1992,
c.23, and is liable to a penalty or penalties as set out in Section 36 of that Act.
8.07 SEVERABILITY
It is hereby declared that each and every of the foregoing provisions of this By-
law is severable and that, if any provisions of this By-law should, for any reason,
be declared invalid by any Court, it is the intention and desire of this Council that
each and every of the then remaining provisions hereof shall remain in full force
and effect.
8.08 TITLE
This By-law may be referred to as 'The Property Standards By-law".
SCHEDULE "A"
Service Use and Activity Charges
Service or Activity Fee
Appeal Property Standards Order
Where the order is not entirely quashed on appeal, for each order issued pursuant
to this Chapter in respect of any property.
Fee $100.00
Inspections where owner fails to comply with an Order
Owner who failed to comply with a confirmed Order shall pay the fee for each
inspection to determine if contraventions of this By-law observed on an initial
inspection have been corrected where the contraventions have not been remedied
by the time provided for in the said Order.
Fee $100.00 for each additional inspection
Order has been registered and required discharged
Where a property standards order has been registered, an owner or occupant may
apply for an inspection of the property in respect of the order and shall pay a fee
at the time of application; this fee includes the registration of a discharge where
compliance with the order is found.
Fee $100.00
Town undertakes to complete the work
Where the Town undertakes to complete the work 100% of the required to comply
with any final order, for cost of the all work performed necessary work, plus a
further administrative fee of an additional.
Fee 10% of overall cost
Certificate of Compliance
Where after inspecting a property, an officer, may, or on the request of the
owner, issue the owner a certificate of compliance.
Fee $50.00
Corporation of the Town of Hearst NOTICE OF VIOLATION
Owner's
Name and
Address
Date
Dear Sir/ Madam
RE: Description and Location of Property in Violation
Be advised that on (Date of Inspection) an inspection of your property, as noted
above, revealed certain violations of the Municipality's Property Standards By-law
No.
_
Schedule "A" attached hereto, sets out the work required to remedy such
violation and to bring the property into compliance with the By-law.
Be advised that By-law No.
gives the municipality the authority to
issue an ORDER TO COMPLY pursuant to Section 15.2-(2), Ontario Building
Code Act, S.0 . 1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned
procedural step will not be necessary.
A re-inspection of this property will take place on (Date) or in about 14 days
to ascertain compliance.
Should you require further information pertaining to this matter please do not
hesitate to contact the undersigned during normal business hours.
Property Standards Officer
Telephone Number
Corporation of the Town of Hearst
ORDER
Pursuant to Section 15.2 of the
Ontario Building Code Act, S.O. 1997, c.23
Owner's
Name and
Address
Date
Dear Sir/ Madam
RE: Description and Location of Property in Violation
BE ADVISED that on ( Date of Inspection ) an inspection of your property, as
noted above, revealed certain violations of the Municipality's Property Standards
By-law No.
The violation(s) are set out in Schedule "A", attached hereto, and forms part of
this
ORDER
IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the
prescribed standards as set out in the Property Standards By-law No.
on or
before: Date
TAKE NOTICE that if such violation(s) are not remedied within the time specified
in this order, the municipality may commence legal action and/or correct such
violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with
the terms or conditions of the order the owner or occupant appeal may to the
Property Standards Appeals Committee by sending a NOTICE OF APPEAL by
registered mail to the Secretary of the committee within fourteen (14) days
after service of the order, and, in the event that no appeal is taken, the order shall
be deemed to be final and binding..
FINAL DATE FOR APPEAL:
Date
Property Standards Officer
Telephone Number
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the
Ontario Building Code Act
To the Secretary
Property Standards Appeal
Committee Corporation
of
the Town of Hearst formal
address
Date
RE: Order to Remedy Violation of Standards of Maintenance and
Occupancy at:
Description and Location of Property in Violation
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal
Committee because of dissatisfaction with the above referenced order to remedy
violation of standards of maintenance and occupancy served upon the
undersigned on
Name (Owner or Agent) Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with
the terms or conditions of the order the owner or occupant appeal may to the
Property Standards Appeals Committee by sending a NOTICE OF APPEAL by
registered mail to the Secretary of the committee within fourteen (14) days
after service of the order, and, in the event that no appeal is taken, the order shall
be deemed to be final and binding.
Ontario Building Code Act, S.O. 1992, Chapter 23, Section 15.3(1)
Signature of Owner or Authorized Agent