This is the exact embedded text of the captured official document.
Snapshot fb8c80f5c780 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE
MUNICIPALITY OF KILLARNEY
BY-LAW 2018-18
BEING A BY-LAW TO PROVIDE STANDARDS FOR
THE MAINTENANCE AND OCCUPANCY OF
PROPERTY IN THE MUNICIPALITY
WHEREAS under Section 15.1 (3) of the Building Code Act, S.O. 1992, c23 as
amended, a by-law may be passed by the council of a municipality prescribing the
standard 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 Municipality of Killarney includes
provisions relating to property conditions;
AND WHEREAS the Council of The Municipality of Killarney is desirous of
passing a by- law under Section 15.1 (3) of the Building Code Act, S.O. 1992, C23
as amended;
AND WHEREAS Section 15.6 (1) of the Building Code Act, S.O. 1992, c23 as
amended requires that a by- law passed under Section 15.1 (3) of the Building Code
Act, S.O. 1992, c23 as amended shall provide for the establishment of a Property
Standard Committee;
AND WHEREAS Section 426 of the Municipal Act, S.O. 2001, c 25, as amended,
provides that no person shall hinder or obstruct, or attempt to hinder or obstruct,
any person who is exercising a power or performing a duty under this Act or under a
by-law passed under this Act;
NOW THEREFORE the Council of The Municipality of Killarney hereby enacts
the following:
SECTION I - DEFINITIONS
In this by-law:
1.01
"Accessory Building" means a detached building or structure, not used for
human habitation that is subordinate to the primary use of the same
property.
1.02
"Agricultural Operation" means an agricultural operation as defined by the
Farming and Food Protection Act, S.O. 1998, c.1;
1.03
"Apartment Building" means a building containing more than four dwelling
units with individual access from an internal corridor system.
1.04
"Approved" means acceptance by the Property Standards Officer.
1.05
"Basement" means that 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.
1.06
"Chief Building Official" means the Chief Building Official (CBO)
appointed by Council under the Building Code Act, S.O. 1992, c 23, as
amended, or the person who is appointed to act in that capacity during his or
her absence;
By-law 2018-18
Page 2
1.07
"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.
1.08
"Committee" means a Property Standards Committee as defined in the
Ontario Building Code Act
1.09
"Debris" shall mean, but is not limited to, garbage, rubbish, refuse or
wrecked, decayed, dilapidated, or inoperative motor vehicles, vehicles or
machinery and parts thereof;
1.10
"Domestic Waste" means any debris, rubbish, refuse, sewage, effluent,
discard or garbage arising from residential household use, belonging to or
associated with a house or use of a house or residential land, which for
greater certainty includes all garbage, discarded material or items, broken or
dismantled items, and materials or items exposed to the elements,
deteriorating or decaying on land due to exposure or the weather, and for
even greater certainty "domestic waste" includes but is not limited to the
following classes of material regardless of the nature or condition of the
material, article or thing:
a.
Broken or torn bits of twigs, splinters or rags, tree cuttings or cut limbs and
brush from any shrub or tree, and waste lumber, excepting only cut and
stacked;
b.
Paper, paper cartons and other paper products;
c.
Rotting vegetable matter, or rotting animal matter;
d.
Disconnected appliances, including refrigerators, stoves, freezers, or any part
or parts of such items;
e.
Furnaces or furnace parts, ducting, pipes, fittings to pipes and wire;
f.
Water or fuel tanks;
g.
Inoperative machinery, inoperative motor vehicles, unplated vehicles and
vehicles without visual proof of current validation, and parts or accessories
of such items including tires, building or construction materials, other than
those on site for ongoing construction;
h.
Accumulations of broken concrete or asphalt pavement, brick pavers,
sidewalk slabs and used building materials;
i.
Materials resulting from the alteration, repair or demolition of any building
or structure;
j.
Sewage;
k.
Containers such as crockery, dishes, glassware, pots and pans and cans.
Domestic Waste as defined in this by-law does not cease to become domestic waste
by reason only that it may be commercially saleable or recyclable
1.11
"Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part for the purpose of
human habitation.
1.12
"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.
1.13
"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 (6 ft.) above grade.
1.14
"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.
1.15
"Habitable Room" means any room in a dwelling unit used for or capable of
being used for living, cooking, sleeping or eating purposes.
By-law 2018-18
Page 3
1.16
"Industrial Waste" means any debris, rubbish, refuse, sewage effluent,
discard, or garbage of a type arising from industrial, manufacturing,
commercial or construction operations or belonging to or associated with an
industry or commerce or industrial or commercial land, which for greater
certainty includes all garbage, discarded material or items, broken or
dismantled items, and due to exposure to the weather, and for even greater
certainty "industrial waste" includes but is not limited to the following
classes of material regardless of the nature condition of the material, article
or items:
(a) Debris, discarded items or matter, or effluent which in whole or in part are
derived from or are constituted from or consist of,
(i) Animal or vegetable matter, paper, lumber or wood; or
(ii)Mineral, metal or chemicals, or fill contaminated with petrochemical or
petroleum products;
(b) Piles of miscellaneous plastic, wood or metal parts, or combinations of such
materials;
(c) Automotive parts not packaged for immediate shipment, inoperative vehicles,
unplated vehicles and vehicles without visual proof of current validation,
vehicle parts, inoperative mechanical equipment, mechanical parts, accessories
or adjuncts to the vehicle and mechanical equipment not contained in a legal
salvage yard;
(d) Piping, ducting tubing conduits, cable, wire and fittings or related accessories
with or without adjuncts, and not packaged for immediate shipment;
(e) Material resulting from or as part of construction, demolition, repair or
renovation projects including debris and leftovers;
(f) Rubble or fill;
(g) Sewage;
(h) Ashes;
(i) Dust emanating from the operation of the enterprise;
(j) Broken bricks, concrete or asphalt; and
Industrial Waste as defined by this by-law does not cease to be industrial waste
reason only that it may be commercially saleable or recyclable.
1.17
"Infestation" means the presence of an unusually large number of insects or
animals in a place, typically so as to cause damage or disease.
1.18
"Lagoon" means a Ministry of Environment approved waste stabilization
pond consisting of an earthen basin designed and built for wastewater
treatment to reduce the organic content and remove pathogens from
wastewater.
1.19
"Means of Egress" means a continuous, unobstructed path of travel provided
by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair,
ramp, or other exit facility 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 or an approved area of refuge usually located outside the
building.
1.20 "Multiple Dwelling" means a building containing three or more dwelling
units.
1.21
"Municipality" means the Corporation of the Municipality of Killarney.
1.22
"Municipal Law Enforcement Officer" means the officer in charge of the By-
law Enforcement of the Corporation of the Municipality of Killarney or his
or her authorized subordinates or assistants;
1.23
"Non-Habitable Room" means any room in a dwelling or dwelling unit other
than a habitable room and includes a bathroom, a toilet room, laundry,
pantry, lobby, corridor, stairway, closet, boiler room, or other space for
service and maintenance of the dwelling for public use, and for 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.
By-law 2018-18
Page 4
1.24
"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.
1.25
"Occupant" means any person or persons over the age of 18 years in
possession of the land;
1.26
"Officer" means a municipal law enforcement officer (MLEO), a building
inspector, a fire prevention officer, a fire fighter, a health inspector, a weed
inspector appointed under the Weed Control Act or any other person
appointed or employed by the municipality for the enforcement of by-laws
and includes a peace officer;
1.27
"Owner" includes:
-
Both the owner in trust and the beneficial owner of land;
-
The person for the time being managing or receiving rent of the land or
premises in connection with which the word is used, whether on the person's
own account or as agent or trustee of any other person, who would receive
the rent if the land and premises were let; and
-
A lessee or occupant of the land who manages or controls the condition of
the land;
1.28
"Person" means an individual, firm, corporation, association or partnership.
1.29
"Refuse" means any article, thing, matter, substance or effluent that:
-
Has been cast aside, discharged or abandoned, or
-
Is disused from its usual and intended use, or
-
Is used up, in whole or in part, or expanded or worn out, in whole or in part;
and
-
Shall include domestic and industrial waste;
1.30
"Residential Property" means any property that is used or designed for use as
a domestic establishment in which one or more persons usually sleep and
prepare and serve meals, and includes any lands or buildings that are
appurtenant to such establishment and all stairways, walkways, driveways,
parking spaces, and fences associated with the dwelling or its yard.
1.31
"Service room" means a room provided in a building to contain equipment
associated with building services.
1.32
"Sewage" includes any liquid waste containing human, vegetable or mineral
matter, waste that is in suspension whether domestic or industrial or any
other waste whether in suspension or precipitated, but does not include roof
water or storm run-off
1.33
"Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-Law.
1.34
"Standing water" means any water on property other than:
a.
A natural, moving body of water that exists on a permanent basis;
b.
A body of water that is maintained in such a way so as to prevent the
breeding of and/or larvae growth of mosquitoes, through the
operation of a re-circulation and filtration system and/or the additive
of an approved substance that will prevent the breeding of and/or
larvae growth of mosquitoes;
c.
Any body of water containing live fish;
d.
Any body of water natural to its surrounding environment including
natural ponds, bogs, marshes and wetlands
e.
Any body of water within a municipally owned storm water
management facility or lagoon; and
f.
Any body of water contained for less than four (4) days.
By-law 2018-18
Page 5
1.35
"Toilet Room" means a room containing a water closet and a washbasin.
1.36
"Yard" means the developed area on land or portion thereof 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.
SECTION II - GENERAL STANDARDS FOR ALL PROPERTY
2.01
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. All new construction or repairs shall conform to
the Ontario Building Code, Ontario Fire Code and the Fire Prevention and
Protection Act and any other applicable law.
YARDS
2.02
Every yard, including vacant lots shall be kept clean and free from:
(1)
rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
(2)
wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers
or boats unless it is necessary for the operation of a business or enterprise
lawfully situated on the property;
(3)
long grass, brush, undergrowth and noxious weeds as defined by the Weed
Control Act;
(4)
dilapidated, collapsed or partially constructed structures which are not
currently under construction;
(5)
injurious insects, termites, rodents, vermin or other pests;
(6)
wells must be capped with a secure and structurally adequate top to the
satisfaction of the officers to prevent persons and animals from falling
through and to prevent the infiltration of water and as per Ministry of
Environment (MOE) requirements
(7)
abandoned dug and drilled wells shall be filled or sealed with approved
material and by a qualified contractor as per MOE guidelines
(8)
dead, decayed or damaged trees or other natural growth within the
boundaries of the Municipality.
SURFACE CONDITIONS
2.03
Surface conditions of yards shall be maintained so as to:
(1)
prevent ponding of storm water;
(2)
prevent instability or erosion of soil;
(3)
prevent surface water run-off from entering basements;
(4)
not exhibit an unsightly appearance;
(5)
be kept free of garbage and refuse;
(6)
be kept free of deep ruts and holes;
(7)
provide for safe passage under normal use and weather conditions, day or
night; and
(8)
not to create a nuisance to other property.
SEWAGE AND DRAINAGE
2.04
Sewage shall be discharged into an approved and appropriate sewage system.
2.05
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.
2.06
Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent
property.
By-law 2018-18
Page 6
2.07
Storm water and pumped discharge water shall be drained from the yard so
as to prevent recurrent pounding or the entrance of water into a building and
in a manner that will minimize erosion of the property and adjacent
properties.
2.08
Storm water and pumped discharge water shall not be discharged in to a
municipal sanitary system.
2.09
Eavestroughs and downspouts shall be maintained in good repair.
PARKING AREAS, WALKS AND DRIVEWAYS
2.10
All areas used for vehicular traffic and parking shall have a surface covering
of asphalt, concrete, interlocking bricks, compacted stone or gravel and shall
be kept in good repair free of dirt and litter.
2.11
Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
EXTERIOR WALLS, ACCESSORY BUILDINGS, FENCES AND OTHER
STRUCTURES
2.12
Accessory buildings, fences and other structures appurtenant to the property
shall be maintained in structurally sound condition and in good repair.
2.13
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. Paint or some other suitable preservative or coating must
be applied and maintained so as to prevent deterioration due to weather
conditions, insects or other damage.
2.14
Exterior walls of a building or a structure and their components, shall be free
of unauthorized signs, painted slogans and similar defacements.
DAMAGED BUILDINGS
2.15
Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, damaged buildings shall be kept clear of all garbage,
refuse and debris or any conditions which might endanger persons on or near
the property, and the building or structure shall be property supported and
barricaded until the necessary demolition or repair can be carried out.
2.16
Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, damaged buildings 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.
2.17
Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, the owner shall protect the building against further
risk or further damage, accident or other danger, and shall effectively prevent
entrance thereto by all unauthorized persons by closing and securing each
opening to the building with appropriate materials.
2.18
Where a building is damaged by accident, storm, fire, neglect or other causes
or intentional damage, the owner shall demolish or repair the building
within 30 days or a reasonable time arranged with the Municipality.
2.19
When a damaged building or part is occupied again for other than the
purpose of repair, the condition of the building and property shall be brought
into compliance with all applicable sections of this by-law and any other
applicable law prior to occupancy.
By-law 2018-18
Page 7
2.20
In the event that the building or structure is beyond repair, the land shall be
cleared of debris and remains and shall be left graded, level and in safe
condition without reasonable delay
GARBAGE DISPOSAL
2.21
Every building, dwelling, and dwelling unit shall be provided with a
sufficient number of suitable receptacles to contain all garbage. Such
receptacles shall be constructed of watertight material, provided with a tight-
fitting cover, and shall be maintained in a clean and odour free condition at
all times.
2.22
All garbage shall be promptly placed in a suitable container.
2.23
Garbage storage areas shall be screened from public view.
COMPOST HEAPS
2.24
The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no
larger than one square metre and 1.8 metres in height and is enclosed on all
sides by concrete block, or lumber, or in a forty-five gallon container, a metal
frame building with a concrete floor, or a commercial plastic enclosed
container designed for composting.
SECTION III - RESIDENTIAL PROPERTY STANDARDS GENERAL
CONDITIONS
This section refers to RESIDENTIAL RENTAL DWELLINGS only. The purpose
of this section is for the health and safety of the occupants of the dwelling and for
the general public.
3.01
Every tenant, or 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 of garbage and debris on
a regular basis, in accordance with municipal by-laws.
3.02
Every tenant, or occupant or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture, under their control, including hallways,
entrances, laundry rooms, utility rooms, and other common areas, in a
clean, sanitary and safe condition.
3.03
Accumulations or storage of garbage, refuse, appliances, or furniture in a
means of egress shall not be permitted.
PEST PREVENTION
3.04
Dwellings shall be kept free of insect or animal infestations at all times.
Methods used for exterminating such pests shall be in accordance with the
provisions of the Pesticides Act.
3.05
Openings, including windows, that might permit the entry of rodents,
insects, vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
3.06
Every part of a dwelling 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 and as determined
by the CBO of the Municipality.
3.07
Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
By-law 2018-18
Page 8
FOUNDATIONS
3.08
Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and excessive 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.
WINDOWS AND DOORS
3.10
Windows, doors, skylights, and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonably 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, replacement of non-serviceable hardware and re-
glazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
3.11
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 so as to permit locking or
securing from either inside or outside the dwelling unit.
3.12
An exterior type door shall be provided for all entrances to dwellings and
dwelling units.
3.13
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 be maintained in good working
order at all times.
3.14
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 (3.9 inches) sphere. Such safety
device shall not prevent the window from being fully opened during an
emergency situation by an adult without the use of tools.
ROOFS
3.15
Roofs of dwellings and their components shall be maintained in a weather
tight condition, free from loose or unsecured objects or materials.
3.16
Where eaves troughing, roof gutters, are provided they shall be kept in good
repair, free from obstructions, properly secured to the building and drain in a
manner not to adversely affect the neighbours dwelling or buildings.
WALLS, CEILINGS AND FLOORS
3.17
Every wall, ceiling and floor in a dwelling shall be maintained so as to
provide a continuous surface free of holes, cracks, loose coverings or other
defects. Walls surrounding showers and bathtubs shall be impervious to
water.
3.18
Every floor in a dwelling shall be reasonably smooth and level and
maintained so as to be free of all loose, warped, protruding, broken, or rotted
boards or other material that might cause an accident or allow the entrance
of rodents and other vermin or insects.
3.19
Every floor in a bathroom, toilet room, kitchen, shower room, and laundry
room shall be maintained so as to be impervious to water and readily
cleaned.
By-law 2018-18
Page 9
STAIRS, PORCHES AND BALCONIES
3.20
Inside and outside stairs, porches, balconies and landings shall be
maintained so as to be free of holes, cracks, and other defects which 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.
GUARDRAILS
3.21
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 (24") between adjacent levels. A handrail
shall be installed and maintained good repair in all stairwells. Guardrails
shall be installed and maintained good repair around all landings, porches,
balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
KITCHENS
3.22
Every dwelling shall contain a kitchen area equipped with:
(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 (8 cubic feet);
(c)
a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) 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.
TOILET AND BATHROOM FACILITIES
3.23
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.
3.24
Every required bathroom or toilet 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 persons using said room.
3.25
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 the said facilities.
PLUMBING
3.26
Each washbasin, a bathtub or shower, and one kitchen sink shall be
equipped with an adequate supply of hot and cold running water
3.27
Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
3.28
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.
3.29
All plumbing fixtures shall be connected to the sewerage system through
water seal traps.
By-law 2018-18
Page 10
3.30
Every fixture shall be of such materials, construction and design as will
ensure that the exposed surface of all parts are hard, smooth, impervious to
hot and cold water, readily accessible for cleansing and free from blemishes,
cracks, stains, or other defects that may harbour germs or impede thorough
cleansing.
ELECTRICAL SERVICE
3.31
Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.32
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 Power Corporations Act, as amended.
3.33
Every habitable room in a dwelling shall have at least one electrical duplex
outlet for each 11.1 square metres (120 sq. ft.) of floor space and for each
additional 9.3 square metres (100 sq. ft.) of floor area, a second duplex outlet
shall be provided. Extension cords shall not be used on a permanent basis.
3.35
Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non-habitable work or storage room shall be provided
with a permanent light fixture.
3.36
Lighting fixtures and appliances installed throughout a dwelling unit,
including hallways, stairways, corridors, passage ways, garages and
basements, shall provide sufficient illumination so as to avoid health or
accident hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.37
Every dwelling and building containing a residential dwelling unit or units
shall be provided with suitable heating facilities capable of maintaining an
indoor ambient temperature of 18 - 21 degrees Celsius (64 - 70 F.) 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.
3.38
All fuel burning appliances, equipment, and accessories in a dwelling shall
be installed and maintained to the standards provided by the Energy Act, as
amended or other applicable legislation.
3.39
Where a heating system or part thereof that 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 so as to be free from fire or
accident hazard.
3.40
Every dwelling shall be so 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.
3.41
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.
3.42
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-law 2018-18
Page 11
3.43
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.
FIRE ESCAPES, ALARMS AND DETECTORS
3.44
A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
provided by the owners of buildings of residential occupancies where
sleeping accommodations are provided for more than ten (10) persons,
except that such systems need not be provided where a public corridor or exit
serves not more than four (4) dwelling units or individual leased sleeping
rooms.
3.45
In addition to the provisions of Article 3.46 hereof, in every dwelling unit in
a building, a listed smoke alarm, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, or detectors of the
single station alarm type, audible within bedrooms when intervening doors
are closed, shall be installed by the occupant between bedrooms or the
sleeping area and the remainder of the dwelling unit, such as in a hallway or
corridor serving such bedrooms or sleeping area. The products of
combustion detector referred shall be:
(a)
equipped with visual or audio indication that they are in operating condition;
(b)
mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
3.46
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.
EGRESS
3.47
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. A safe passage shall
be determined by the Chief Building Official.
NATURAL LIGHT
3.48
Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly or
indirectly to an outside space and admits as much natural light equal to not
less than ten percent of the floor area for living and dining rooms and five
percent of the floor area for bedrooms and other finished rooms.
VENTILATION
3.49
Every habitable room in a dwelling unit, including kitchens, bathroom or
toilet rooms, shall have openings for ventilation providing an unobstructed
free flow of air of at least 0.28 square metres (3 sq. ft), or an approved system
of mechanical ventilation such that provide hourly air exchanges.
3.50
All system of mechanical ventilation shall be maintained in good working
order.
3.51
All enclosed areas including basements, cellars, crawl spaces and attics or
roof spaces shall be adequately ventilated and maintained to prevent entry of
snow, rain, rodents and insects.
ELEVATING DEVICES
3.52
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.
By-law 2018-18
Page 12
DISCONNECTED UTILITIES
3.53
Owners of residential buildings or any person or persons acting on behalf of
such owner shall not disconnect or cause to be disconnected any service or
utility supplying heat, electricity, gas, refrigeration or water to any residential
unit or building occupied by a tenant or lessee, except for such reasonable
period of time as may be necessary for the purpose of repairing, replacing, or
otherwise altering said service or utility.
OCCUPANCY STANDARDS
3.54
The number of occupants, residing on a permanent basis in an individual
dwelling unit, shall not exceed one person for every nine square metres (97
sq. ft), of habitable floor area. For the purpose of computing habitable floor
area, any area with the minimum ceiling height less than 2.1 metres (7 ft.)
shall not be considered.
3.55
No room shall be used for sleeping purposes unless it has a minimum width
of two metres (6.6 ft.), and a floor area of at least seven square metres (75 sq.
ft.). A room used for sleeping purposes by two or more persons shall have a
floor area of at least four square metres (43 sq. ft.) per person.
3.56
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;
(b)
floors 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;
(d)
access to each habitable room shall be gained without passage through a
service room.
SECTION IV - VACANT LANDS AND BUILDINGS
4.01
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. All new construction or repairs shall conform to
the Ontario Building Code where applicable.
VACANT LANDS
4.02
Vacant land shall be maintained to the standards as described in Part 2.02 of
this By-Law.
4.03
Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water within the boundaries of the Municipality.
VACANT BUILDINGS
4.04
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.
4.05
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 inch)
weatherproof sheet plywood securely fastened to the building and painted a
colour compatible with the surrounding walls.
By-law 2018-18
Page 13
PART V - NON-RESIDENTIAL PROPERTY STANDARDS
5.01
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. All new construction or repairs shall conform to
the Ontario Building Code where applicable.
YARDS
5.02
The yards of non-residential property including agricultural operations shall
be maintained to the standards as described in Part 2.02 of this By-Law.
5.03
The warehousing or storage of material or operative equipment that is
required for the continuing operation of an agricultural operation, 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 unobstructed 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 (6 ft.) in
height and maintained in good repair.
STRUCTURAL SOUNDNESS
5.04
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. Structural
members or materials that have been damaged or indicate evidence of
deterioration shall be repaired or replaced.
5.05
Walls, roofs, and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
GUARDRAILS
5.06
All guardrails 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 (24") between adjacent levels. A handrail
shall be installed and maintained good repair in all stairwells. Guardrails
shall be installed and maintained good repair around all landings, porches,
balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
LIGHTING
5.07
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 by the Occupational
Health and Safety Act for industrial and commercial properties. However,
lighting shall not be positioned so as to cause any impairment of use or
enjoyment of neighbouring properties.
PART VI - ADMINISTRATION AND ENFORCEMENT
6.01
This By-Law shall apply to all property within the limits of the municipality
6.02
The imperial measurements contained in this By-Law are given for reference
only.
OFFICERS
6.03
The Council of the municipality shall appoint the By-law Enforcement
Officer as a Property Standards Officer(s) to be responsible for the
administration and enforcement of this By-Law.
By-law 2018-18
Page 14
PROPERTY STANDARDS COMMITTEE
6.04
Council shall appoint at large, by a Resolution (or By-Law) of Council, no
fewer than three (3) persons of the municipality to the Property Standards
Committee for a term of office concurrent with Council. Property Standards
committee will be responsible to receive, investigate and schedule the appeal
committee meeting. (see policy procedures in schedule "A" for appeals to
the property standards committee)
6.05
Each member of the Property Standards Committee, appointed by Council,
shall be entitled to an honorarium of $50.00 per meeting for their attendance
at Committee meetings.
APPEALS
6.06
Every person who initiates an appeal of an Order made section 15.2 (2) of
the Ontario Building Code Act, S.O. 1992, c23, 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 $150.00 dollars.
COMPLIANCE
6.07
The owner or owners of a property which does not conform to the required
standards as set out in this By-law shall, on receiving an order to do so,
repair and/or maintain said property to comply with the standards as set out
in the order. Failure to comply may result in the municipality clearing the
said property of all buildings, structures, debris and refuse with the land left
levelled, graded and recover the expenses incurred in like manner as
municipal taxes to be levied against such person or by an action.
ORDERS
6.08
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 as amended, and is liable to a penalty or penalties as set
out in the Provincial Offences Act.
VALIDITY
6.09
Should a court of competent jurisdiction declare a part or whole of any
provision of this bylaw to be invalid or of no force and effect, the provision
or part is deemed severable from this bylaw, and it is the intention of Council
that the remainder survive and be applied and enforced in accordance with
its terms to the extent possible under the law so as to protect the public by
ensuring a minimum standard for maintenance and occupancy is
maintained.
6.10
Where a provision of this by-Law conflicts with the provision of another by-
law in force within the municipality, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public shall
prevail.
TRANSITIONAL RULES
6.11
After the date of the passing of this by-law, By-Law No. 2018-18, as
amended, 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 2018-18
Page 15
TITLE
6.12
This By-Law may be referred to as "The Property Standards By-Law".
AUTHORITY
6.13
Any and all By-laws inconsistent with this By-law are hereby repealed.
6.14
This By-law shall come into force and take effect upon third and final
reading.
READ A FIRST AND SECOND TIME THIS 13th DAY OF JUNE, 2018.
ORIGINAL DOCUMENT SIGNED
_________________________________
Virginia Rook, MAYOR
ORIGINAL DOCUMENT SIGNED
_________________________________
Candy K. Beauvais, CLERK
READ A THIRD TIME AND FINALLY PASSED THIS _28_th DAY OF
___JUNE____, 2018.
ORIGINAL DOCUMENT SIGNED
_________________________________
Virginia Rook, MAYOR
ORIGINAL DOCUMENT SIGNED
_________________________________
Candy K. Beauvais, CLERK