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THE CORPORATION OF THE MUNICIPALITY OF MAGNETAWAN
BY-LAW No. 2002 - 33
PROPERTY STANDARDS BY-LAW
Being a BY-LAW To prescribe standards for the
maintenance and occupancy of buildings and property
WHEREAS Section 15.1 (3) of The Building Code Act, R.S.O. 1990, c. 23, provides that the
Council of a Municipality may pass a By-law to do the following things:
(A)
Prescribing standards for the maintenance and occupancy of property within any
defined area or areas and for prohibiting the occupancy or use of such property that
does not conform with the standards;
Requiring property that does not conform with the standards to be repaired and
maintained to conform with the standardsor for the site to be cleared of all buildings,
structures, debris or refuse and left in a graded and neat condition;
(B)
AND WHEREAS theOfficial PlanfortheCorporationofthe Municipality of Magnetawan includes
provisions relating to property conditions;
AND WHEREAS Section 326 of The Municipal Act,R.S.O. 1990, c. M. 45, provides that Council
has the authority to enforce the performance of things required to be done under By-laws;
NOW THEREFORE the Council of the Corporation of the Municipality of Magnetawan enactsas
follows:
SECTION 1
GENERAL
1.1
Short Title
This By-law may be cited as the "Property Standards By-law".
1.2
Defined Area
This By-law applies to all property within the boundaries of the Municipality of
Magnetawan.
1.3
Scope
No property shall be used and no building or structure or part thereof, shall be
erected, altered, enlarged, maintained, used, or occupied for any purpose within the
Municipality of Magnetawan, except in conformity with the provisions of this By-
law.
1.4
General Obligations
1.4.1
No person shall use, permit the use of, rent or offer to rent any property that
does not conform to the standards of this By-law.
1.4.2
Where a notice or order has been issued by the Property Standards Officer
pursuant to this By-law, the owner or occupant thereof shall:
repair and maintain the property inaccordance with thestandards,or;
remove or demolish and remove, the whole or the offending part of
the property that is not in accordance with the standards;
1.4.3
Where an Officer has placed or caused the placing of a placard containingthe
terms of a notice or order upon the premises under the authority of Section
15.2(3) of the Building Code Act, R.S.O. 1992, as amended, no one shall
remove the said placard except with the consent of an Officer.
(a)
(b)
Page 1 of 15
DEFINITIONS
SECTION 2
"Accessory Building" means a use, separate building or structure, which is incidental,
subordinate,exclusively devoted toand located on thesame lotas the principal use, building
or structure but not including a building or structure which is used as a dwelling unless
specifically permitted.
2.1
"Accessory Use" means a use of lands or building which is incidental and subordinate to
the principle use of lands and buildings.
2.2
"Agricultural Use" means any agricultural use or uses, structures or buildings accessory
thereto, including field crops, animal husbandry, tree nurseries and any other use
customarily carried on in the field of general agriculture, includingthe sale on the premises,
of produce grown or raised on the premises.
2.3
"Approved" means as applied to grade, material, device or method of construction,
approved by the By-law Enforcement Officer under the provisions of this By-law,approved
by the Building Inspector under the provisions of The Building Code, approved by the Fire
Chief under the provisions of The Fire Code,or approved by other authority designated by
law to give approval to the matter at question.
2.4
2.5
"Basement" means that portion of a building partly underground, but having less than one
half of its clear height below the average lot grade.
"Bathroom" means a room consisting of at least one fully operational water closet,
washbasin and a bathtub or suitable shower unit. Every washbasin, bathtub and shower
shall have an adequate supply of hot and cold running water and every water closet shall
have a suitable supply of running water.
2.6
2.7
"Building" means a structure whether temporary or permanent, used or built for the shelter,
accommodation or enclosure of persons, animals, materials or equipment.
Any tent, awning, bin, bunk, platform, vessel or vehicle used for any of the said purposes
shall be deemed a building, including any structure defined as a building in The Ontario
Building Code Act.
2.8
"B.E.O." means the By-law Enforcement Officer appointed by Council and charged with
the duty of enforcing the provisions of this By-law, other related By-laws and any
amendments thereto.
2.9
"Cabin" means a single storey structure or building which is maintained for the
accommodation ofan individual or individuals wherefacilitiesforcookingare not provided.
2.10
"C.B.O." means the Chief Building Official employed by the Municipality, appointed
under the Building By-law or pursuant to the provisions of The Ontario Building Code Act,
asamended,togetherwith any Regulations madethereunder,and shall includeany Inspector
likewise employed and appointed.
2.11
"Committee" means the Property Standards Committee, as established in accordance with
Section 15 of The Ontario Building Code Act and its' amendments.
2.12
"Corporation" means the Corporation of the Municipality of Magnetawan.
2.13
"Cottage" means a building, within a cottage establishment to accommodate one (1) or
more guests, which contains at least two(2) rooms, which is at least partially furnished and
which provides facilities to permit the guest to prepare and cook food.
2.14
"Council" means the Council of the Corporation of the Municipality of Magnetawan.
2.15
"Dwelling" means a building, structure or part thereof, occupied or capable of being
occupied, in whole or in part, as the home, residence or sleeping place of one (1) or more
persons, either continuously, permanently, temporarily or transiently, but shall not include
a mobile home having less than seventy-four (74) square metres in area.
Page 2 of 15
"Dwelling Unit" means a building or part of a building occupied or capable of being
occupied, in whole or in part, as the home, residence or sleeping place of one or more
persons either continuously, permanently, temporarily or transiently, but shall not include
a mobile home having less than sixty-five (65) square metres in area.
2.16
"First Storey" means the floor area of the lowest story of a building approximately at or
just above the finished grade level, excluding any basement, which area is measured
between the exterior faces of the exterior walls at the floor level of such storey.
2.17
2.18
"Foundation" means a structure of a building through which the loads from the building
are transferred to supporting soil or rock, such as a footing, pile or pier.
2.19
"Garbage" means the animal or vegetable waste and related waste products resulting from
the handling, preparation,cookingand consumption of food and drink, as well as other solid
waste materialsand goodsresultingfrom residential,commercial,institutionaland industrial
operations.
"Good Repair" means that a building, structure or appurtenance thereof, including
mechanical equipment shall be maintained in such a condition as to be free from accident
or fire hazzards, not unsightly, be reason of deterioration, damage or defacement.
2.20
2.21
"Grade" means
(a)
when used in reference to a building, the average elevation of the finished
surface of the ground adjoining the base of the longest exterior wall of such
building or, where there are two (2) or more such walls, the exterior wall
having the lowest average elevation, or
(b)
when used in reference to any other structure, the average elevation of the
finished surface of the ground at the base of such structure, exclusive of
any artificial embankment at the base of such building or structure.
2.22
"Guest Cabin" means a single storey accessory structure which is not attached to the main
dwelling, on a lot which is maintained for the accommodation of an individual or
individuals, where sanitary facilities and facilities for cooking are not provided.
2.23
"Habitable Room" means a room which
is located within a dwelling unit;
is designed for living, sleeping or eating, or contains sanitary or food
preparation facilities; and
can be used at all times throughout the year
but does not include any room specifically defined herein as a non-habitable room.
(a)
(b)
(c)
2.24
"Hunting Camp" means a building or structure having a maximum area of forty-five (45)
square metres consisting of one (1) or more rooms which is at least partially furnished and
may include facilities for the preparation of food and overnight accommodations on a
temporary basis, for use only duringthe huntingorfishing seasons but shall not have indoor
plumbing facilities and shall not include any other establishments or use as may be defined
or classified in the Municipality of Magnetawan Zoning By-law.
2.25
"Landscaped Open Space" means the open, unobstructed space from ground to sky at
grade, on a lot accessible by walking and which is suitable for the growth and maintenance
of grass,flowers,trees, bushes and other landscapingand includesany surfaced walk, patio,
or similar area but does not include any driveway or ramp, whether surfaced or not, any
curb, retaining wall, parking area or any open space beneath or within any building or
structure.
2.26
"Maintenance" means the preservation of and care for a property and building.
2.27
"Meansof Egress" meansacontinuous, unobstructed path of travel provided by adoorway,
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 toa public thoroughfare or an approved area of refuge usually located
outside the building.
Page 3 of 15
"Multiple Dwelling" means a building containing two (2) or more dwelling units.
2.28
"Municipality" means the Municipality of Magnetawan.
2.29
"Non-residential Property" meansa buildingor structure or part thereof, not occupied nor
capable of being occupied in whole or in part, for the purpose of human habitation and
without limitingthe generality of the foregoing, includesthe land and premisesappurtenant
thereto and all accessory buildings, out-buildings, fences, structures or erections on or in
such land and premises.
2.30
"Noxious Weeds" means any weeds classed as noxious by the Weed Control Act, R.S.O.
1990 or latest amendment(s).
2.31
2.32
"Occupant" means any person or persons over the age of eighteen (18) years in ownership
or possession of the property.
2.33
"Owner" means the person, for the time being, managing or receiving the rent of or paying
the Municipal taxes on the land or premises, whether on his own account or as an agent or
trustee of any person or who would so receive the rent if such land and premises were let.
The term shall also include a lessee or occupant of the property who, under the terms of a
lease, is required to repair or maintain the property in accordance with the standards for the
maintenance and occupancy of the property.
2.34
"Person" means any human being, association, firm, partnership, incorporated company,
corporation,agent,trustee,and the heirs,executorsorother legal representativesofa person
to whom the contest can apply according to law.
"Property" means a building or structure or part thereof, including the lands and premises
appurtenant thereto and all accessory buildings, mobile homes, mobile buildings, mobile
structures, trailers, out-buildings, fences and erections thereon whether heretofore or
hereafter erected, and includes vacant land.
2.35
2.36
"Repair" means the making of additions or alterations or the taking of such action as may
be required sothat the property shall conform to the standards established in the By-law and
in conformity with all other legislation.
2.37
"Residential Property" meansany land, buildingsor structures used for human habitation,
and includesall stairways, walkways,driveways, parkingspacesand fencesassociated with
the dwelling or its' yard.
2.38
"Rubbish" meansany combustibleor noncombustible,discarded or waste material,except
garbage.
2.39
"Sewage" means sanitary sewage or storm sewage:
(a)
Sanitary sewage means liquid or water borne waste of industrial or
commercial origin, or of domestic origin, including human body waste,
toilet or other bathroom waste, and shower, tub, culinary, sink and laundry
waste.
(b)
Storm sewage means water that is discharged from a surface as a result of
rainfall, snow melt or snowfall.
2.40
"SewageSystem"meansa Municipal sanitary sewagesystem,ora properly maintained and
functioning private sewage system.
2.41
"Standards"meansthe standardsof physical condition and of occupancy prescribed for the
property in this By-law.
2.42
"Structurally Sound" means construction capable of withstanding the forces placed upon
the building under normal use.
2.43
"Structure" means anything man-made that is fastened to or into the earth or another
structure or rests on the earth by its own massor is attached to a building, including a septic
system, holding tanks, satellite receiving dishes and heat pumps.
Page 4 of 15
"Trailer" meansany vehicle,excludinga mobile home or park model home,soconstructed
that it is suitable for being attached to a motor vehicle for the purpose of being drawn or
propelled by the motor vehicle, notwithstanding that such vehicle is jacked up or that its
running gear is removed, but not including any vehicles unless it is used or intended for the
living,sleepingor eatingaccommodation of persons therein,and shall be deemed to include
a tent, and shall not be occupied continuously or as a principle residence.
2.44
"Vacated" means a structure or property no longer occupied.
2.45
"Vermin" means small common harmful or objectionable animals that are difficult to
control.
2.46
"Wasteor Waste Material" meansany article orthingthat appearsto have been cast aside,
discarded, or abandoned, or appears to be worthless, useless, or of no particular value, or
appears to be used up in whole or in part or expended or worn out and shall include, but is
not limited to:
2.47
accumulations or deposits of litter, rubbish, garbage, trash;
refrigerators, freezers or other appliances or parts thereof;
furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
inoperative motor vehicles;
paper, cartons, fabrics or carpets;
furniture;
piping,tubing,conduits,cable and fittingsor other accessories, or adjuncts
to the piping, tubing, conduits or cable;
containers or pallets of any size, type or construction;
material resulting from, or as part of, construction or demolition of
projects; and
rubble, inert fill except loose soil, sand or gravel.
(a)
(b)
(c)
(d)
(e)
(0
(g)
(h)
(i)
G)
2.48
"Yard" means an open, uncovered space on a lot appurtenant to a building or structure and
used or intended to be used or capable of being used in connection therewith.
SECTION 3
GENERAL STANDARDS FOR ALL PROPERTY
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 TheOntario BuildingCode, Ontario FireCode andthe Fire Preventionand ProtectionAct where
applicable.
3.1
Yards
3.1.1
Every yard, including vacant property, shall be dept clean and free from:
rubbish or debris and objects or conditions that may create a health, fire or
accident hazzard;
wrecked, dismantled, discarded or abandoned machinery, vehicles,trailers
or boats unless it is necessary for the operaton of a business enterprise
lawfully situated on the property;
dilapidated, collapsed or partially constructed structures which are not
currently under construction;
injurious insects, termites, vermin or other pests.
(a)
(b)
(c)
(d)
3.1.2
Every landscaped open space shall be dept clean and free from all items in Section
3.1.1 and excessive growth of grass, brush, undergrowth and noxious weeds as
defined by the Weed Control Act, and dead, decayed or damaged trees or other
natural growth.
3.1.3
All vehicles or trailers parked on a lot must be in running order and carry a valid
licence sticker.
This shall not prevent the occupant from storing operable,
unlicenced vehicles or trailers strictly for the use of off road operation on any lot
nor shall it prevent an occupant of any premises from repairing a vehicle or trailer
for his or her own use and not for commercial purposes while such a repair is
carried on. Vehicles normally licensed for only part of the year may be stored on
the same property for which the use is associated.
Page 5 of 15
3.2
Surface Conditions
Surface conditions of yards shall be maintained so as to:
(a)
prevent ponding of storm water;
(b)
prevent instability or erosion of soil;
(c)
prevent surface water run-off from entering basements;
(d)
not exhibit an unsightly appearance;
(e)
be kept free of garbage and refuse;
(f)
be kept free of deep ruts, holes, and excavations;
(g)
provide for safe passage under normal use and weather conditions, day or
night; and
(h)
not to create a nuisance to other property.
3.3
Drainage and Sewage
3.3.1
Sewage or organic waste, excluding floor drains, shall be discharged intoa sewage
system. Where a sewage system does not exist, sewage or organic waste shall be
disposed of in accordance with the Environmental Protection Act.
3.3.2
Storm water shall be drained from the property in a manner designed to prevent
excessive ponding, prevent the entrance of water intoa buildingand in such manner
as to not affect adjacent properties.
3.3.3
Roof drainage shall not be discharged onto sidewalks, stairs or adjacent property.
3.3.4
Exterior property areas shall be graded and maintained to prevent pondingof water.
Swalesshall be installed and maintained,where necessary,tofacilitatedrainage and
so as not to impede the natural flow of water.
3.4
Parking Areas, Walks and Driveways
3.4.1
All areas used for vehicular traffic and parking shall have a surface covering of
asphalt,concrete,orcompacted stone or gravel and shall be kept in good repairfree
of litter.
3.4.2
Steps, walks,driveways, parking spacesand other similarareasshall be maintained
so as to afford safe passage under normal use and weather conditions day or night.
3.5
Exterior Walls
3.5.1
Exterior wallsof a buildingor structure and their components, including soffits and
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.
3.5.2
Exterior walls of a building or structure and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
3.6
Structural Soundness
3.6.1
Every building and every structural member of a building shall be maintained in a
structurally sound condition soas to be capable of sustaining safely its own weight
and any additional weight that may be put on it through normal use. Structural
members or materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
3.6.2
Every exterior wall, roof, porch, chimney or exterior portion of a building shall be
maintained in a manner so as to prevent the collapse of same or injury to the
occupants of the dwelling to the public.
3.6.3
Walls, roofs and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
Page 6 of 15
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 six hundred
(600) mm [twenty-four (24) inches] 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 in a rigid nature, as defined in the Ontario
Building Code.
3.7
3.8
Accessory Buildings, Fences and Other Structures
3.8.1
Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition, in good repair and free from fire,
health or safety hazzards.
Accessory buildings, fences and other structures shall be protected from
deterioration by theapplication ofappropriate weather resistant materials including
paint or other suitable preservative and shall be of uniform colour unless the
aestheticcharacteristics of said structureare enhanced by the lack of such material.
3.8.2
3.9
Garbage Disposal
3.9.1
Every building, dwelling and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all recyclable materials, garbage, refuse
and ashes in a sanitary manner.
3.9.2
Garbage storage areas shall be screened from public view.
SECTION 4
RESIDENTIAL STANDARDS
4.1
General Conditions
4.1.1
Every tenant, occupant or lessee of a residential property shall maintain the proerty
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.
4.1.2
Every tenant,occupant or lessee ofa residential property shall maintain every floor,
wall,ceilingand fixture, undertheircontrol,including hallways,entrances, laundry
rooms, utility rooms and other common areas, in a clean, sanitary and safe
condition.
4.1.3
Accumulations or storage of garbage, refuse, appliances or furniture in a means of
egress shall not be permitted.
4.2
Compost Heaps
The occupant of a residential property may provide for a compost heap in accordance with
the health regulations, provided that the compost pile is enclosed on all sides by concrete
block or lumber or in a forty-five (45) gallon container, a metal frame building with a
concrete floor or a commercial plastic enclosed container designed for composting.
4.3
Pest Prevention
4.3.1
Dwellings shall be kept free of rodents, vermin and insects at all times. Methods
used for exterminating such pests shall be in accordance with the provisions of the
Pesticide Act.
4.3.2
Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
Page 7 of 15
4.4
Basement
Basement walls of a dwelling shall be maintained so as to prevent the entrance of insects,
rodents and excessive moisture. Maintenance includes the shoring of walls to prevent
settling, installingsub-soildrains,where necessary,atthefootings,groutingmasonry cracks
and damp proofing/waterproofmg walls, joints and floors.
4.5
Foundations
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.
4.6
Windows and Doors
4.6.1
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 reglazing where necessary. Where
screening is provided on windows and doors, it shall also be maintained in good
repair.
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 dewlling unit shall have
suitable hardware so as to permit locking or securing from either inside or outside
the dwelling unit.
4.6.2
Solid core or metal clad doors shall be provided for all entrances to dwellings and
dwelling units.
4.6.3
4.7
Roofs
4.7.1
Roofs of dwellings and their components shall be maintained in a weather-tight
condition, free from loose or unsecure objects or materials.
4.7.2
The roofs of dwellings and accessory buildings shall be kept clear of hazardous
accumulations of ice or snow or both.
4.7.3
Where eavestroughing or roof gutters are provided, they shall be dept in good
repair, free from obstructions and properly secured to the building.
4.8
Walls, Ceilings and Floors
4.8.1
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.
4.8.2
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.
4.8.3
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 cleanable.
4.9
Stairs, Porches and Balconies
Inside and outside stairs, porches, balconies and landingsshall be maintained soasto be free
of holes,cracks and other defectsthat may constitute accident hazards. Existing guardrails,
decks,steps,orstairtreadsof risersthatshowexcessivewearorare broken, warped or loose
and any supporting sturctural members that are rotted or deteriorated shall be repaired or
replaced.
Page 8 of 15
4.10
Kitchens
Every year round, permanent dwelling shall contain a kitchen area equipped with:
a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
a suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
a counter or work area at least 600 mm (24 inches) in width by 1,220 mm
(48 inches)in length,exclusiveofthesink,and covered with a material that
is impervious to moisture and grease and is easily cleanable; and
a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
(a)
(b)
(c)
(d)
4.11
Toilet and Bathroom Facilities
4.11.1 Every year round permanent dwelling unit shall contain a bathroom consisting of
a least one (1) fully operational water closet, washbasin and a bathtub or suitable
shower unit. Every washbasin, bathtub and shower shall have an adequate supply
of hot and cold running water. Every water closet shall have a supply of running
water.
4.11.2 Every required bathroom or toilet 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 person using said room.
4.11.3 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate entrance
shall be provided from a common passageway, hallway, corridor or other common
space to the room or rooms containing the said facilities.
4.12
Plumbing
4.12.1
Each washbasin, bathtub or shower and at least one (1) 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 decrees Celsius (110 degrees
Fahrenheit).
4.12.2 Every year round permanent dwelling unit shall be provided with an adequate
supply of potable water from a source approved by the Ministry of Health.
4.12.3 All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks and
defects and all water pipes and appurtenances thereto shall be protected from
freezing.
4.12.4 All plumbing fixtures shall be connected to the sewage system through water seal
traps.
4.12.5 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 cleaning.
4.13
Electrical Service
4.13.1 Every year round permanent dwelling and dwelling unit shall be wired for
electricity and shall be connected to an approved electrical supply system.
4.13.2 The electrical wiring, fixtures,switches, receptaclesand appliances located or used
in dwellings, dwelling units and accessory buildings shall be installed and
maintained in good workingordersoas not tocausefireorelectrical shock hazards.
All electrical services shall conform to the regulations established by the Power
Corporation Act, as amended.
Page 9 of 15
4.13.3 Every habitable room in a year round permanent dwelling shall have electrical
outlets as provided for in the Ontario Building Code. Extension cords shall not be
used on a permanent basis.
4.13.4 Lighting fixtures and appliances installed throughout a dwelling unit, including
hallways,stairways,corridors, passageways,garages,and basements,shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
4.14
Heating, Heating Systems, Chimneys and Vents
4.14.1
Everyyearround permanentdwellingand buildingcontainingaresidentialdwelling
unit or unitsshall be provided with suitable heatingfacilitiescapable of maintaining
an indoor ambient temperature of 21 degreesCelsius(70degrees Fahrenheit) in the
occupied dwelling units. The heating system shall be maintained in good working
condition so as to be capable of safely heating the individual dwelling unit to the
required standard.
4.14.2 All fuel burning appliances, equipment and accessories in a dwelling shall be
installed and maintained to CSA standards.
4.14.3 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 condition
that meets or exceeds CSA standards, and in a convenient location so as to be free
from fire or accident hazard.
4.14.4 Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes and gases from that part of the dwelling that is not used,
designed or intended to be used for human habitation into other parts of the
dwelling used for habitation. Such separation shall conform tothe Ontario Building
Code.
4.14.5 All fuel burning appliances, equipment, and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
4.14.6 Every chimney, smoke-pipe,flue and vent shall be installed and maintained in good
repair soasto preventtheescapeofsmoke, fumesorgasesfrom enteringadwelling
unit. Maintenance includes the removal of all obstructions, sealing joints and the
repair of loose or broken masonry units.
4.14.7
Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition soas to prevent the heatingof adjacent combustible material or structural
members to unsafe temperatures.
4.15
Exception
Exceptions to Sections 4.10; 4.11; 4.12; 4.13 and 4.14 are cabins, cottages and hunting
lodges. These dwellings will be evaluated on a case by case basis.
4.16
Fire Escapes, Alarms and Detectors
4.16.1
A listed firealarm and a fire detection system,approved by theCanadianStandards
Association or Underwriters Laboratories of Canada, shall be provided by the
ownersof buildingsof residential occupancies where sleepingaccommodationsare
provided for more than ten (10) persons, except that such systems need not be
provided where a public corridor exit serves not more than four (4) dwelling units
or individual leased sleeping rooms.
4.16.2 In addition to the provisions of Section 4.16.1 hereof, in every dwelling unit in a
building, a listed smoke alarm approved by theCanadian Standards Association or
Underwriters Laboratories ofCanada,or detectorsof 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
Page 10 of 15
area. The products of combustion detector referred shall be:
equipped with visual or audio indications that they are in operating
condition; and
mounted on the ceiling or on a wall between 150 and 300 mm (6 to 12
inches) below the ceiling.
(a)
(b)
4.16.3 Buildings using a fire escape as a secondary means of egress shall have the escape
in good condition, free from obstructions and easily be reached through an open
able window or door.
4.17
Egress
4.17.1
Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and the
dwelling unit to the outside at street or grade level.
4.17.2
Each dwellingcontaining more than one(1)dwelling unit shall have at least two(2)
exits, both of which may be common of the one of which may be the stairs or fire
escape and shall be provided to Ontario Building Code standards. A single exit is
permitted from a dwelling unit where 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.
4.18
Natural Light
Every habitable room except a kitchen, bathroom or toilet room shall have a window or
windows, skylights or translucent panels facingdirectly or indirectly to an outside space for
the admission of natural light.
4.19
Ventilation
4.19.1 Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of
air at least 0.3 square metres (3 square feet), or an approved system of mechanical
ventilation that provides adequate air exchanges.
4.19.2 All systems of mechanical ventilation shall be maintained in good working order.
4.19.3 All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately vented.
4.20
Disconnected Utilities
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 watertoany residential unitor buildingoccupied bya 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.
4.21
Occupancy Standards
4.21.1 No person shall use or permit the use of a non-habitable room in a building for a
habitable purpose.
4.21.2 Any basement or portion thereof, used as a dwelling unit shall conform to the
following requirements:
each habitable room shall comply with all the requirements set out in this
By-law;
floors and walls shall be constructed soasto be damp proof and impervious
to water leakage;
each habitable room shall be separated from service rooms byasuitable fire
separation and approved under the Ontario Building Code;
access to each habitable room shall be gained without passage through a
service room; and
(a)
(b)
(c)
(d)
Page 11 of 15
every basement and crawlspace shall be adequately drained and adequately
ventilated to the outside air.
(e)
NON-RESIDENTIAL STANDARDS
SECTION 5
5.1
Yards
5.1.1
The yards of non-residential property shall be maintained to the standards as
described in Sections 3.1; 3.2 and 3.3 of this By-law.
5.1.2
The warehousing or storage of material or operative equipment that is required for
the continuingoperation of the industrial orcommercial 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 feet) in
height and maintained in good repair.
5.2
Parking Areas and Driveways
The parking areas and driveways of non-residential property shall be maintained to the
standards as described in Section 3.4 of this By-law.
5.3
Lighting
All non-residential establishments shall install and maintain sufficient windows, skylights
and lighting fixtures necessary for the safety of all persons attending the premisesor as may
be required by the Occupational Health and Safety Act for industrial and commercial
properties.
Lighting shall not be positioned so as to cause any impairment of use of
enjoyment of neighbouring properties.
5.4
Structures
All structures shall be maintained to the standards as described in Sections 3.5; 3.6; 3.7 and
3.8 of this By-law.
5.5
Garbage Disposal
A central refuse storage collection area to be provided and maintained with all refuse
enclosed in a dumpster or un a location screened with growing trees, hedges, fences, walls
or a combination thereof in such manner as approved by the Municipality.
SECTION 6
STANDARDS FOR VACATED LANDS AND BUILDINGS
6.1
Vacated Lands
Vacated land shall be maintained to the standards described in Sections3.1;3.2;3.3 and 3.4
of this By-law.
6.2
Vacated Buildings
6.2.1
Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have water, electrical and gas services turned off except for those services that are
required for the security and maintenance of the property.
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 tothe building and painted a colour compatible with the
surrounding walls.
6.2.2
6.2.3
Vacated buildings shall be maintained to the standards described in Sections 3.5;
3.6; 3.7 and 3.8 of this By-law.
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ADMINISTRATION AND ENFORCEMENT
SECTION 7
This section prescribes the procedure for the enforcement of the standards and shall be carried out according
to the Ontario Building Code Act.
7.1
Application
This By-law shall apply to all property within the boundaries of the Corporation of the
Municipality of Magnetawan.
7.2
Property Standards Committee
A Property Standards Committee shall be established to review orders issued by the
Property Standards Officer and shall be comprised of no fewer than three (3) personsof the
Municipality for a term of office concurrent with Council. The Chief Building Official and
the By-law Enforcement Officer shall be considered ex-officio membersof thisCommittee.
By-law Enforcement Officer
The Council shall, by resolution, appoint a Property Standards Officer who shall be
responsible for the administration and enforcement of this By-law.
7.3
7.4
Non-Compliance
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 neat and good condition.
7.5
Notice of Violation
The notice shall be sent to the last known address of the owner and shall state:
7.5.1
That the property does notcomply with the standards prescribed by this By-law and
shall specify the standards with which the property does not comply.
7.5.2
That after a certain date to be specified in the notice of non-compliance by the
Officer, the property will be subject to reinspection at which time the Officer may
issue an Order.
7.5.3
That the Officer may be contacted for the purpose of requesting information and
advice or reporting what action is being or will be taken to effect compliance with
this By-law.
7.6
Appeal of Notice
The following process shall be followed on all appeals:
7.6.1
When an owner or occupant upon whom an Order has been served in accordance
with this By-law is not satisfied with the terms or conditions of the Order, he may
appeal, by registered mail, to the Secretary of the Property Standards 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 have been confirmed.
7.6.2
The Secretary of the Property Standards Committee, in receipt of the Notice of
Appeal shall:
(a)
determine the date, place and time of the hearing of appeal which shall take
place not less than seven (7) days and not more than thirty (30) days from
the date of receipt of the aforesaid notice; and
(b)
give notice in writing of the date, place and time of the hearing referred to
in paragraph 7.5.3 to both the appellant and the Officer who issued the
Order.
7.6.3
The Property Standards Committee shall:
(a)
hold the hearing at the date, place and time set out in the notice; and
(b)
have all the powers and functions of an Officer
7.6.4
The Property Standards Committee may:
(a)
confirm the Order;
(b)
modify or quash the Order; or
(c)
extend the time for complying with the Order provided that the general
intent and purpose of this By-law is maintained.
Page 13 of 15
SECTION 13
OTHER BY-LAWS
If a provision of this By-law conflicts with a provision of another By-law of the Corporation, the provision
which established the higher standard to protect the health, safety and welfare of the occupants and of the
general public shall prevail.
SECTION 14
SEVERABILITY
If a court of competent jurisdiction should declare any Section or part of any Section of this By-law to be
invalid, such Section or part of a Section shall not be construed as having persuaded or influenced Council
to pass the remainder of the By-law and it is hereby declared the remainder of the By-law shall be valid and
shall remain in force.
SECTION 15
ENACTMENT
This By-law shall come into full force and effect upon the final passing thereof.
Passed in open Council as read a First, Second and Third time,
this 23rd day of October, 2002
Sam Dunnett, Reeve
/0
Q
vf/"IOLA OA
I'liLr'idict
F/aseryClerk/Administrator
Brenda J.
Page 15 of 15