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THE CORPORATION OF THE TOWN OF KINGSVILLE
CONSOLIDATED PROPERTY STANDARDS BY-LAW
BY-LAW 72 - 2024
Revision History:
Amended by By-law 93-2024 - Passed on November 25, 2024
- Deletes and repeals Section 1.26
- Deletes and repeals Section 2.17
Consolidation Statement: This consolidated version of the Town of
Kingsville's Property Standards By-law (By-law 72-2024) is for convenience
only. While every effort has been made to ensure the accuracy of this
consolidation, the original By-law and any applicable amending By-laws must
be consulted for all legal interpretations and applications. For more
information or to request any of the By-laws noted under "Revision History",
please contact the Municipal Governance Department by emailing
[email protected] or calling 519-733-2305.
Consolidated By-law 72-2024
Page 2 of 15
THE CORPORATION OF THE TOWN OF KINGSVILLE
BY-LAW 72 - 2024
Being a by-law to establish procedures governing the standards for the
maintenance and occupancy of property within the municipality
WHEREAS Sections 15.1(3) of the Building Code Act, S.O. 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(s) for the Corporation of the Town of
Kingsville includes provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Town of Kingsville is
desirous of passing a by-law under Section 15.1(3) of the Building Code Act,
S.O. 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 Kingsville
hereby enacts the following:
PART 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 "Apartment Building" means a building containing more than four
dwelling units with individual access from an internal corridor system.
1.03 "Approved" means acceptance by the Property Standards Officer.
1.04 "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.
1.05 "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.
1.06 "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.
1.07 "Dwelling Unit" means a room or 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.
1.08 "First Storey" means that part of a building having a floor area closest
to grade with a ceiling height of more than 1.8 meters (6 ft.) above
grade.
Consolidated By-law 72-2024
Page 3 of 15
1.09 "Guard" means 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 mayor may not have openings through them.
1.10 "Habitable Room" means any room in a dwelling unit used for or
capable of being used for living, cooking, sleeping or eating purposes.
1.11 "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.
1.12 "Multiple Dwelling" means a building containing three or more
dwelling units.
1.13 "Non-Habitable Room" means any room in a dwelling or dwelling unit
other that 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.
1.14 "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.
1.15 "Occupant" means any person or persons over the age of eighteen
years in possession of the property
1.16 "Owner" means the registered person, person in trust, a mortgagee in
possession, a person who is managing or receiving the rent of the
property, a lessee or a person who is in control of the property and
includes a person, firm, partnership, corporation, company,
association, or organization of any kind and its principal(s
1.17 "Person" means individual, firm, corporation, association or
partnership.
1.18 "Property" means a building or structure or part of a building or
structure and includes the lands and premises appurtenant thereto and
all mobile structures, outbuildings, fences and erections thereon,
whether heretofore or hereafter erected and includes vacant property
1.19 "Repair" means the provision of such facilities and the making of
additions or alterations or the taking of such action as in restoring,
renovating, mending as may be required so that the property shall
conform to standards established in this by-law
1.20 "Residential Property" means any property that is used or
designated 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.
1.21 "Sewage System" means the municipal sanitary sewer system or a
private sewage disposal system approved by the person appointed as
an inspector under the Building Code Act, S.O. 1992, c.23.
Consolidated By-law 72-2024
Page 4 of 15
1.22 "Standards" means the standards of the physical condition and of the
occupancy prescribed for property by this By-law.
1.23 "Toilet Room" means a room containing a water closet and a wash
basin.
1.24 "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 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 where applicable.
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 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; and
6)
dead, decayed or damaged trees or other natural growth.
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
Consolidated By-law 72-2024
Page 5 of 15
8)
not to create a nuisance to other property.
9)
be graded to prevent surface water run-off from being
discharged onto adjacent property.
SEWAGE AND DRAINAGE
2.04 Sewage shall be discharged into the sewage system.
2.05 Sewage of any kind shall not be discharged on 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 sidewalk, stairs, or
adjacent property.
PARKING AREAS, WALKS AND DRIVEWAYS
2.07 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone or gravel and shall
be kept in good repair free of dirt and litter.
2.08 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.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
2.09 Accessory buildings, fences and other structures appurtenant to the
property shall be maintained in structurally sound condition and in
good repair.
2.10 Accessory buildings, fences, and other structures shall be protected
from deterioration by the application of appropriate weather resistant
materials including paint or other suitable preservative and shall be of
uniform colour unless the aesthetic characteristics of said structure
are enhanced by the lack of such material. Buildings are to be
maintained to prevent habitat for rodents, insects and vermin.
GARBAGE DISPOSAL
2.11 Every building, dwelling, and dwelling unit shall be provided with a
sufficient number of suitable receptacles to contain all garbage, refuse
and ashes that may accumulate on the property between the regularly
designated collection days. 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.
2.12 All garbage, refuse, and ashes shall be promptly placed in a suitable
container and made available for removal in accordance with the
municipal garbage collection by-law where applicable.
2.13 Garbage storage areas shall be screened from public view.
COMPOST HEAPS
2.14 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 meter and 1.2 meters 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 compo sting.
Consolidated By-law 72-2024
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LIGHTING
2.15 All exterior lighting fixtures shall be installed and maintained to the
standards provided by the Building Code Act (Ontario), the
Occupational Health and Safety Act (Ontario) and any other applicable
legislation or regulation.
2.16 No exterior lighting shall be positioned so as to cause an impairment of
the use or enjoyment of neighbouring properties.
PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS
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 rodents, vermin and insects 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.
3.07 Walls, roofs, and other exterior parts of a building shall be free from
loose or improperly secured objects or materials.
FOUNDATIONS
3.08 Foundation wall 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.
3.09 Every dwelling, except for slab on grade construction, shall be
supported by foundation walls or piers which extend below the frost
line, or to solid rock in compliance with the Ontario Building Code.
Consolidated By-law 72-2024
Page 7 of 15
EXTERIOR WALLS
3.10 Exterior walls of a dwelling and their components, including soffits,
fascia, 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.
3.11 Exterior walls of a dwelling and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.12 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.
3.13 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.
3.14 Solid core doors shall be provided for all entrances to dwellings and
dwelling units.
3.15 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.
3.16 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
3.17 Roofs of dwellings and their components shall be maintained in a
weather tight condition, free from loose or unsecured objects or
materials.
3.18 The roofs of dwellings and accessory buildings shall be kept clear of
accumulations of ice or snow or both.
3.19 Where eavestroughing, roof gutters, are provided they shall be kept in
good repair, free from obstructions and properly secured to the
building.
WALLS, CEILINGS AND FLOORS
3.20 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.
Consolidated By-law 72-2024
Page 8 of 15
3.21 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.
3.22 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.
STAIRS, PORCHES AND BALCONIES
3.23 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.
GUARDRAILS
3.24 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 in good repair in all
stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades
and handrails shall be constructed and maintained rigid in nature.
KITCHENS
3.25 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 meters (8 cubic
feet);
c) a counter or work area at least 610 mm (2 ft.) in width by 1,220
mm (4ft.) in length, exclusive of the sink, and covered with a
material that is impervious to moisture and grease and is easily
cleaned; and
d) a space provided for cooking and refrigeration appliances
including the suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.26 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.
3.27 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.
3.28 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.
Consolidated By-law 72-2024
Page 9 of 15
PLUMBING
3.29 Each washbasin, a bathtub or shower, and one 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 (1100 F).
3.30 Every dwelling unit shall be provided with an adequate supply of
potable running water from a source approved by the Medical Officer
of Health.
3.31 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.
3.32 All plumbing fixtures shall be connected to the sewage system through
traps.
3.33 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
3.34 Every dwelling and dwelling unit shall be wired to electricity and shall
be connected to an approved electrical supply system.
3.35 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 Corporation Act,
as amended.
3.36 Every habitable room in a dwelling shall have at least one electrical
duplex outlet for each 11.1 square meters (120 sq. ft.) of floor space
and for each additional 9.3 square meters (100 sq. ft.) of floor area, a
second duplex outlet shall be provided. Extension cords shall not be
used on a permanent basis.
3.37 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.
3.38 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
3.39 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 21 degrees Celsius
(700 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.
3.40 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.
Consolidated By-law 72-2024
Page 10 of 15
3.41 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.
3.42 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. Such
separations shall conform to the Ontario Building Code.
3.43 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.
3.44 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 dwelling unit. Maintenance includes the
removal of all obstructions, sealing open joints, and the repair of loose
or broken masonry units.
3.45 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
3.46 A listed fire alarm and a fire detection system, approved by the
Canadian 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 lease sleeping rooms.
3.47 In addition to the provisions of Article 3.46 hereof, in every dwelling u 't
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 t e, 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 m (6
to 12 inches) below the ceiling.
3.48 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
3.49 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.
Consolidated By-law 72-2024
Page 11 of 15
3.50 Each dwelling containing more than one dwelling unit shall have at
least two (2) exists, both of which may be common or the one of which
may be common and the other may be an exterior stair or fire escape.
Access to the stairs or fire escape shall be from corridors through
doors at floor level, except access from a dwelling unit may be through
a vertically mounted casement window having an unobstructed
opening of not less than 1,067 by 559 mm, (42 x 22 inches) with a sill
height of not more than 914 mm, 36 inches), above the inside floor. A
single exit is permitted from a dwelling unit here the path of egress is
through an exterior door located at or near ground level and access to
such exit is not through a room not under the immediate control of the
occupants of the dwelling unit.
NATURAL LIGHT
3.51 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
3.52 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 meters (3 sq. ft.),
or an approved system of mechanical ventilation such that provide
hourly air exchanges.
3.53 All systems of mechanical ventilation shall be maintained in good
working order.
3.54 All enclosed areas including basements, cellars, crawl spaces and
attics or roof spaces shall be adequately ventilated.
DISCONNECTED UTILITIES
3.55 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.
ELEVATING DEVICES
3.56 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.
OCCUPANCY STANDARDS
3.57 The number of occupants, residing on a permanent basis in a
individual unit, shall not exceed one person for every nine square
meters (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 meters (7 ft.) shall not be considered.
3.58 No room shall be used for sleeping purposes unless it has a minimum
width of two meters (6.6 ft.), and a floor area of at least seven square
meters (75 sq. ft.). A room used for sleeping purposes by two or more
persons shall have a floor area of at least four square meters (43 sq.
ft.) per person.
Consolidated By-law 72-2024
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3.59 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.
PART 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
II, Article 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.
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 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.
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 shall be maintained to the
standard described in Part II, Article 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 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 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 painted board or metal fence not less than 1.8 meters (6
ft.) in height and maintained in good repair.
Consolidated By-law 72-2024
Page 13 of 15
PARKING AREAS AND DRIVEWAYS
5.04 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone or gravel and shall
be kept in good repair free of dirt and litter. Notwithstanding the
foregoing, non-residential properties which abut residential properties,
all areas used for vehicular traffic and parking shall have a surface
covering of asphalt, or similar hard surface.
5.05 All areas used for vehicular traffic, parking spaces and other similar area
shall be maintained so as to afford safe passage under normal use and
weather condition.
STRUCTURAL SOUNDNESS
5.06 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.
5.07 Walls, roofs, and other exterior parts of a building or structure shall be
free from loose of improperly secured objects or materials.
EXTERIOR WALLS
5.08 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.
5.09 Exterior walls of a building or a structure and their components, shall
be free of any signs, painted slogans, graffiti and similar defacements
that, in the opinion of the Officer, would be considered inappropriate.
GUARDRAILS
5.10 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 in good repair in all
stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades
and handrail shall be constructed and maintained rigid in nature.
LIGHTING
5.11 All non-residential buildings shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all
persons attending the premises.
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.
Consolidated By-law 72-2024
Page 14 of 15
OFFICERS
6.03 The Council of the municipality shall appoint a Property Standards
Officer(s) to be responsible for the administration and enforcement of
this By-Law.
PROPERTY STANDARDS COMMITTEE
6.04 Council shall establish and appoint persons to a Property Standards
Committee which shall exercise the authority granted to it under the
Building Code Act.
6.05 An owner or occupant who has been served with an order made
under subsection 15.2 (2) of the Ontario Building Code Act, S.O.
1992, c23, and who is not satisfied with the terms or conditions of the
order may appeal to the committee by sending a notice of appeal by
registered mail to the secretary of the committee within 14 days after
being served with the order. In the event that no appeal is filed, the
order shall be deemed to have been confirmed
6.06 On an appeal, the committee shall hear the appeal and has all the
powers and functions of the officer who made the order. The
committee may do any of the following things if, in the committee's
opinion, doing so would maintain the general intent and purpose of the
by-law and of the official plan or policy statement:
1. Confirm, modify or rescind the order to demolish or repair
2. Extend the time for complying with the order
COMPLIANCE
6.07 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.
VALIDITY
6.08 If an article of this By-Law is for any reason held to be invalid, the
remaining articles shall remain in effect until repealed.
6.09 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
6.10 After the date of the passing of this By-Law and all previous Property
Standards By-Laws, 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
Consolidated By-law 72-2024
Page 15 of 15
TITLE
6.11 This By-Law may be referred to as "The Property Standards By-Law".
ADMINISTRATIVE FEES
6.12 In accordance with the Town of Kingsville Fees By-law, a minimum
Administrative Fee will apply for the enforcement of a notice and a set
fee per hour thereafter
PENALTY PROVISION
6.13 Any person who is convicted of an offence is liable to a maximum fine
as prescribed in Section 36 of the Ontario Building Code Act,
S.O.1992, c23, as amended
EFFECTIVE DATE AND REPEAL
6.14 By-law 068-2023, and any amendments thereto, are hereby repealed
once this By-law takes force and effect.
6.15 This By-law shall come into force and take effect on the final
passing thereof.
READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS
23rd DAY OF SEPTEMBER, 2024.
MAYOR, Dennis Rogers
ACTING CLERK, Angela Toole