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THE CORPORATION OF THE TOWNSHIP OF MAPLETON
BY-LAW NUMBER 2017-101
Being a by-law to Establish
Property Standards Within
the Township of Mapleton
WHEREAS under Section 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 for the Corporation Township of Mapleton includes
provisions relating to property conditions;
AND WHEREAS the Council of the Corporation of the Township of Mapleton 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 Township of Mapleton hereby
enacts the following:
TABLE OF CONTENTS
PART1
DEFINITIONS
PART2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
2.02 YARDS
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
2.04 GARBAGE RECEPTACLES
2.05 UNENCLOSED PORCH - BALCONY
2.06 GRASS- TREES- BUSHES- HEDGES- LANDSCAPING
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2.07 LOT GRADING- DRAINAGE
2.08 WAUWVAYS AND DRIVEWAYS
2.09 PARKING LOTS
2.10 SNOW DISPOSAL- STORAGE
2.11 EXTERIOR LIGHTING
2.12 RETAINING WALLS
2.13 WELLS- CISTERN -CESSPOOL- PRIVY VAULT- PIT OR EXCAVATION
2.14 ACCESSORY BUILDINGS
2.15 FENCE
2.16 SIGNS
PART3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY- CAPACITY
3.02 FOUNDATION WALLS - BASEMENTS
3.03 EXTERIOR WALLS- SURFACES- CLADDING- MASONRY
3.04 DOORS- WINDOWS- CELLAR HATCHWAYS
3.05 CANOPIES- MARQUESS- AWNINGS
3.06 ROOF
3.07 EAVESTROUGH SYSTEM- METAL DUCTS- FLASHING
3.08 CHIMNEY FLUES
3.09 GARAGE - CARPORT
PART4
INTERIOR OF BUILDING STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE- COLUMNS- BEAMS
4.02 WALLS- CEILINGS
4.03 FLOORS
4.04 STAIRS- HANDRAILS- GUARDS
4.05 ELEVATORS
4.06 MEANS OF EGRESS
4.07 HEATING
4.08 ELECTRICAL
4.09 VENTILATION
4.10 LIGHTING
4.11 PLUMBING
4.12 WATER SUPPLY
4.13 SEWAGE SYSTEM
4.14 VERMIN CONTROL
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PARTS
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
5.02 TOILET AND BATHROOM FACILITIES
PARTS
NON-RESIDENTIAL PROPERTIES
6.01 YARDS
6.02 MEANS OF EGRESS
6.03 GUARDRAILS
6.04 SEPARATIONS
6.05 VENTILATION
6.06 LIGHTING
PART7
VACANT - DAMAGED - DEMOLITION
7.01 VACANT LAND
7.02 VACANT BUILDING
7.03 DAMAGE BY FIRE- STORM- OTHER CAUSES
7.04 DEMOLISH BUILDING
PARTS
ADMINISTRATION AND ENFORCEMENT
8.01 BY-LAW
8.02 MEASUREMENT
8.03 NON-COMPLIANCE
8.04 ORDERS
8.05 OFFICERS
8.06 PROPERTY STANDARDS COMMITTEE
8.07 CONFLICTS- BY-LAWS- STANDARDS- REGULATIONS
8.08 VALIDITY
8.09 PENALTY
8.10 SEVERABILITY
8.11 TRANSITION RULES
8.12 TITLE
8.13 APPROVAL OF NEW BY-LAW
8.14 REPEALING OF OLD BY-LAW
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PART1
DEFINITIONS
1.01
In this By-law:
1. "Accessory Building"- means a detached building or structure, not used for human
habitation that is subordinate to the primary use of the same property.
2. "Act" - means an enactment of statute of the Province of Ontario.
3. "Approved"- means acceptance by the Property Standards Officer.
4. "Basement" - shall mean that portion of a building between two floor levels, which is
partly underground and which has at least one-half its height from the finished floor to the
underside of the first floor joists above the average finished grade level adjacent to the
exterior walls of the building.
5. "Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy.
6. "Building Code" - means the Building Code Act and any regulations made under that
Act.
7. "Chief Building Official"- means.the Chief Building Official appointed under Section 3
of the Building Code Act, 1992 c. 23 and having jurisdiction for the enforcement thereof.
8. "Citation - Property Standard By-law" - This Chapter may be cited as the "Property
Standards By-law".
9. "Code" - means a regulation of the Province of Ontario known;
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety Code;
c) with respect to matters relating to fire, as the Fire Code;
d) with respect to matters relating to plumbing, as the Building Code Div. B Part 7.
10.
"Committee"- means a Property Standards Committee established under this
Chapter.
11.
"Council" -shall mean the Council of the Corporation of the Township of Mapleton.
12.
"Dwelling" - means a building, structure, mobile home or recreational vehicle with
or without kitchen facilities or apart of such a building or structure, which is, or is intended
to be used for the purpose of human habitation, and includes such a building, home or
vehicle that would be or intended to be used for such purposes, except for its state of
disrepair.
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13.
"Dwelling Unit" - means a room or a suite of rooms operated as a housekeeping
unit, used or intended to be used as a domicile by one or more persons and supporting
general living conditions usually including cooking, eating, sleeping, and sanitary
facilities. Dwelling unit is two or more rooms used or designed to be used by one or more
individuals as an independent or self-contained domestic unit or housekeeping
establishment.
14.
"Exterior property area" - means the building lot excluding buildings.
15.
"Fence"- means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress from property, providing security or protection to property or acting as
a visual or acoustical screen.
16.
"First Storey" - means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (5.91 ft) above grade.
17.
"Ground cover"- means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
18.
"Guard"- means a protective barrier installed around openings in floor areas or in
the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
19.
"Habitable room" - means any room in a dwelling unit used or designed to be used
for the purpose of living, sleeping, eating, cooking or preparation of food and without
limiting the foregoing shall include den, library, sunroom or recreational room or any
combination thereof.
20.
"Non-habitable space" - means a bathroom, toilet room, water closet compartment,
laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway, closet, storage room,
boiler room, furnace room, accessory space for service, maintenance or access within a
building or a room or space which does not comply with the minimum standards for
residential occupancy.
21.
"Non-Residential Property" - means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant to and including all of the outbuildings,
fences or erections thereon or therein.
22.
"Occupant" - means any person or persons over the age of eighteen years in
possession of the property.
23.
"Officer" - means a Property Standards Officer who has been appointed by the
Council the responsibility of administering and enforcing the provisions of this By-law.
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24.
"Owner"- includes the owner in trust, a mortgagee in possession, the person for
the time being, managing or receiving the rent of the land or premises in connection with
which the word is used whether on his own account, or as agent or trustee of any other
person, or who would receive the rent if the land and premises were left, and shall also
include a lessee or occupant of the property who, under the terms of a lease, is required
to repair and maintain the property in accordance with the standards for the maintenance
and occupancy of property.
25.
"Person"- means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
26.
"Property" -means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structures, outbuildings, fences, and erections thereon whether
heretofore or hereafter erected and includes vacant property.
27.
"Repair"- includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property shall
conform to the standards established in this By-law.
28.
"Safe condition" - means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the property,
and includes a structurally sound condition.
29.
"Sewage system"- means the Township of Mapleton system of storm sewers,
sanitary sewers and combined sewers or a private sewage disposal system approved by
the Chief Building Official within the Corporation of the Township of Mapleton.
30.
"Sign" - means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate, advertise or
direct attention to any person, business, service, commodity or use.
31.
"Township"- means the Corporation of the Township of Mapleton.
32.
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power-driven equipment.
33.
"Waste" -means any debris, rubbish, refuse, sewage, effluent, discard, or garbage
of any type arising from the residence, belonging to or associated with a house or use of
a house or residential property and/or from industrial or commercial operations, or
belonging to or associated with industry or commerce or industrial or commercial
property, which for greater certainty includes all garbage, discarded material or things,
broken or dismantled things, and materials or things exposed to the elements,
deteriorating or decaying on a property due to exposure or the weather.
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34.
"Yard"- means the land other than the 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.
PART2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
1. No person, being the owner or occupant of a property, shall fail to maintain the property
in conformity with the standards of the By-law.
2. The owner of any property which does not conform to the standards in this By-law shall
repair and maintain the property to conform to the standards or shall clear the property of
all buildings, structures, garbage, rubbish waste or accumulations of such materials that
prevent access to or exit from the property in the case of emergency, or other safety or
health hazard and shall leave the property in a graded and level condition.
3. All repairs and maintenance of property shall be carried out with suitable and sufficient
materials and in a manner accepted as good workmanship within the trades concerned.
4. All new construction or extensive repairs shall conform to the Ontario Building Code,
where applicable.
5. This By-law does not apply so as to prevent a farm, meeting the definition of "agricultural
operation" under the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1,
from carrying out a normal farm practice as provided for and defined under that Act.
2.02YARDS
Shall be kept clean and free of litter, rubbish, waste, salvage, refuse, decaying or damaged
trees, branches and limbs, objects or conditions that might create a health, fire, accident
hazard or unsightly condition.
1. Every property shall be kept free from garbage, rubbish, waste, or accumulation of such
materials that prevent access to or exit from the property.
2. Without restricting the generality of this Section, such maintenance includes the removal
of:
(a) rubbish, garbage, litter and waste.
(b) injurious insects, termites, rodents, vermin and other pests; and any condition which
may promote an infestation.
(c) trees, bushes and hedges, including any branches or limbs thereof, which are dead,
decayed or damaged, and brush.
(d) noxious weeds pursuant to the Weed Control Act and any excessive growth of other
weeds, grass and bushes.
(e) wrecked, dismantled, inoperative, discarded or unlicensed vehicles, trailers,
machinery or parts thereof, except in an establishment licensed or authorized to
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conduct salvage, wrecking or repair business and then only if such establishment
conforms with any relevant By-laws, Chapters or statutes; and
(f) dilapidated or collapsed buildings, structures or erections, and the filling in or
protecting of any unprotected well.
2.03 OUTDOOR STORAGE OF MATERIALS - NO IMMEDIATE USE
1. No machinery or parts thereof, or other object, or material, not associated with the normal
occupancy and use of a property, including among other things, appliances, fixtures,
paper, cartons, boxes, or building materials such as lumber, masonry material or gloss,
other than that intended for immediate use on the property, shall be stored or allowed to
remain in an exterior property area.
2.04 GARBAGE RECEPTACLES
Every building shall be provided with sufficient proper receptacles to contain all garbage,
ashes or waste, which accumulates on the property and such materials, shall be placed for
collection in proper receptacles in compliance with applicable laws and by-laws and not
allowed to accumulate for longer than fourteen (14) days.
1. Receptacles for garbage shall be:
a) made of watertight construction,
b) provided with a tight fitting cover, which may be removed only when the receptacle is
empty or is being actively loaded,
c) maintained in good condition without holes or spillage; and
d) closed, or emptied, rinsed and cleaned when not in use, to prevent the escape of
offensive odour or waste.
2.05 UNENCLOSED PORCH - BALCONY
1. Every unenclosed porch or unenclosed balcony, and every exterior and common area
shall be kept free of garbage, waste, or appliances.
2.06 GRASS - TREES - BUSHES - HEDGES - LANDSCAPING
1. Grass, trees, bushes, hedges and other landscaping, shall be maintained to prevent an
unsightly or unreasonable overgrowth in relation to the neighbouring environment.
2. Grass, trees, bushes, hedges and other landscaping, non-organic ground cover and site
facilities shall be provided and maintained in living condition or a safe condition.
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2.07 LOT GRADING - DRAINAGE
1. All yards shall be provided and maintained with adequate surface water drainage,
including suitable provisions for its disposal, without causing erosion, so as to prevent
pending or the entrance of water into a basement or crawlspace.
2. No roof, sump pump, driveways or other surface drainage, and the drainage of water
from swimming pools shall be discharged on an entranceway, walkway, sidewalk, stair,
steps or adjacent property, or on to any highway or public roadway in such a manner that
it will penetrate or damage a building, structure or property.
3. Every roof drainage system shall be discharged onto the ground at least 1 metre {3.94
inches) from the building or structure, providing that it does not adversely affect adjacent
properties, or cause erosion. Lot drainage shall be contained within the limits of the
premises from which it originated until absorbed by the soils or drained to an approved
swale or ditch.
4. No fill shall be allowed to remain in an unleveled state on any property for longer than
fourteen {14) days, unless the property is a construction site for which a building permit is
in effect.
5. No fill shall be left in an uncovered state {not covered by sod, seed or agricultural crop)
on any property for longer than thirty {30) days unless the property is:
a) a construction site for which a building permit is in effect,
b) a property being subdivided under subdivision agreement with the Corporation of the
Township of Mapleton, or
c) a property being actively farmed.
2.08 WALKWAYS AND DRIVEWAYS
1. Surface conditions of walkways, driveways and yards shall be installed and maintained in
a safe condition with non-organic ground cover so as to:
a) prevent pending of storm water,
b) not exhibit an unsightly appearance,
c) be kept free of garbage and waste,
d) be kept free of deep ruts and holes,
e) provide for the safe passage under normal use and weather conditions, day or night,
and not to create a nuisance to other property.
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2.09 PARKING LOTS
1. Parking lots, driveways and other similar public access areas of a yard shall be
maintained so as to afford safe passage under normal use and weather conditions and
be free from health and other hazards.
2. Parking lots, driveways and other similar public access areas of a yard shall be kept
clean and free of litter, rubbish, waste, salvage, refuse, decaying or damaged trees,
branches and limbs, objects or conditions that might create a health, fire, accident
hazard or unsightly condition.
2.10 SNOW DISPOSAL - STORAGE
1. A property owner shall cause any snow storage site on that property to be maintained in
such a manner and location on that property so as to prevent a hazard, flooding, erosion,
and other damage to neighbouring private or public lands.
2.11 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building
entrance shall have a permanently installed lighting fixture that shall be maintained in
good working order.
2.12 RETAINING WALL
1. All retaining walls, screen walls and ornamental walls shall be constructed of durable
material and shall be maintained in a structurally sound condition.
2.13 WELLS - CISTERN - CESSPOOL - PRIVY VAULT - PIT OR EXCAVATION
1. A well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed or
secured by a fence, cover or netting, unless it is in active use, in which event it shall be
secured by fencing with warning signs until the use has ceased, where upon they shall
be sealed or secured as required above.
2.14 ACCESSORY BUILDINGS
1. The foundations, walls, roofs and all parts of accessory buildings and other structures
appurtenant to the main building shall be:
a) constructed with suitable materials,
b) maintained in good repair,
c) protected for deterioration by the application of paint or other suitable protective
materials.
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2.15 FENCE
1. A fence erected on a property or separating adjoining properties shall be maintained:
a) in good repair, free from loose or insufficiently secured, rotten, warped or broken
materials;
b) in a safe and structurally sound condition so as to be capable of sustaining safely, its
own weight together with any load to which it might reasonably be subjected to,
c) shall be free of dangerous objects, and
d) reasonably plumb, unless specifically designed to be other than vertical.
2.16 SIGNS
1. A sign and any structure connected therewith shall be installed and maintained:
a) in good repair without any visible deterioration when viewed from any property other
than the property on which the sign is situated,
b) in a safe and structurally sound condition, and
c) in a reasonably vertical plane unless otherwise approved by the Chief Building Official
of the Corporation of the Township of Mapleton. An unused or discarded sign shall be
removed from the property.
PART3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY- CAPACITY
1. All repairs and maintenance of property required by the standards prescribed in this By-
law shall be carried out in a manner accepted as good workmanship in the trades
concerned and with materials suitable and sufficient for the purpose.
2. Every part of a property shall be maintained in good repair and in a structurally sound
condition so as:
a) to be capable of sustaining safely its own weight, and any additional load to which it
may normally be subjected to,
b) to be capable of safely accommodating all normal structural movements without
damage, decay or deformation,
c) to prevent the entry of moisture that would contribute to damage, fungus growth,
decay or deterioration, and
d) to be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
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3. 02 FOUNDATION WALLS- BASEMENTS
1. All foundation walls and the basement, cellar, or crawl space floors shall be maintained
in good repair and structurally sound.
2. Every basement, cellar and crawl space in a property shall be maintained in a reasonably
watertight condition so as to prevent the leakage of water into the building.
3.03 EXTERIOR WALLS- SURFACES- CLADDING- MASONRY
All exterior walls and surfaces of every building or structure shall be sound, plumb, and
weather-tight, free from loose or unsecured objects and maintained in good repair:
1. In good repair free from cracked or broken masonry units, defective or deteriorated wood
or metal siding or trim, cracked, broken or loose stucco, lose or unsecured objects; and
2. Shall be so maintained by the painting, restoring or repairing of the walls, coping or
flashing, by the waterproofing of joints and the walls themselves, by the installation of or
repairing of weather-tight finishing, or the installation of termite shields, if required.
3. All exterior surfaces that have previously been covered with paint or other protective or
decorative materials shall be maintained in good repair and the covering renewed when
it becomes damaged or deteriorated.
4. Every part of a building including the exterior shall be maintained in a structurally sound
condition and so as to be capable of sustaining safely its own weight and any additional
weight that may be put on it through normal use.
3.04 DOORS- WINDOWS- CELLAR HATCHWAYS
1. Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic
access doors including storm and screen doors and storm windows shall be maintained
in good working order, good repair, in a safe condition and shall be of such construction
so as to prevent the entrance of wind, snow, or rain into the building and to minimize
heat loss through infiltration.
2. At least one entrance door in every dwelling unit shall have hardware so as to be capable
of being locked from the inside and outside the dwelling unit.
3. All windows capable of being opened and all exterior doors shall have hardware so as to
be capable of being locked or otherwise secured from the inside.
4. All windows capable of being opened shall be equipped with a screen to prevent the
passage of insects and the screen shall be maintained in a good condition.
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3.05 CANOPIES- MARQUEES- AWNINGS
1. All canopies, marquees and awnings shall be properly anchored so as to be kept in safe
and sound condition and shall be protected from decay and rust by a periodic application
of weather-coating material.
3.06 ROOFS
1. Every roof and all of its components shall be maintained in good repair and in a safe and
structurally sound condition.
2. Without restricting the generality of this section, such maintenance includes;
a) removal of loose, unsecured or rusted objects or materials,
b) removal of dangerous accumulations of snow or ice,
c) keeping roofs and chimneys in water-tight condition so as to prevent leakage of water
into the building, and
d) keeping all roof related structures plumb unless specifically designed to be other than
vertical.
3.07 EAVESTROUGH SYSTEM - METAL DUCT - FLASHING
1. Eavestrough, roof gutter, rain water pipe, downspout, flashing and all exterior ducts shall
be properly secured from loose or unsecured objects, free from obstructions and health
hazards, weather-tight, free of holes and maintained in good repair.
2. Every roof drainage system shall be discharged onto the ground at least 1 metre
(39.4inches) from the building or structure, when it is physically possible to do so,
providing that it does not adversely affect adjacent properties or cause erosion.
3.08 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall be
constructed, installed and maintained free from obstruction and shall prevent:
a) the entrance of smoke or gases into a building,
b) the heating of adjacent combustible materials, wall and structural members to unsafe
temperature, and
c) fire, health or other hazards.
2. Any fuel burning heating equipment used in a building shall be properly vented to the
exterior by means of an approved smoke pipe, vent pipe, or chimney.
3.10 GARAGE - CARPORT
1. The construction between an attached or built-in garage or carport and a dwelling unit
shall provide an effective barrier to gas and exhaust fumes.
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2. A door between an attached or built-in garage and a dwelling unit shall be tight-fitting and
weather-stripped to provide an effective barrier against the passage of gases and
exhaust fumes and shall be fitted with a self-closing device.
3. Garages and carports, including floors, shall be maintained in good repair and free from
hazards.
PART4
INTERIOR OF BUILDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE - COLUMNS - BEAMS
1. In every building, all structural components, including but not limited to all joists, beams,
studding and roof rafters, shall be of sound material and adequate for the load to which
they are subjected.
4.02 WALLS- CEILINGS
1. Every interior surface and finishes of walls and ceilings shall be maintained:
a) in good repair, a surface which is reasonably smooth, clean, tight and easily cleaned,
b) free of holes, cracks, loose plaster or other material,
c) in a safe condition; and
d) so as to possess the fire-resistant properties required by the Building and Fire Codes.
4.03 FLOORS
1. Every floor shall be smooth and level and maintained so as to be free of all loose,
warped, protruding, broken or rotten boards that may create an unsafe condition or
surface. Such defective floors shall be repaired or replaced.
2. Where a floor covering has become worn or torn so that it retains dirt or may create and
unsafe condition, the floor covering shall be repaired or replaced.
3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of water
resistant material and be capable of being cleaned.
4.04 STAIRS - HANDRAILS - GUARDS
1. Every inside or outside stair and every porch or landing appurtenant to it shall be
maintained so as to be free of holes, cracks and other defects which constitute accident
hazards.
2. All handrails and balustrades, stairways, fire escapes, balconies, landings and porches
and similar appurtenances shall be maintained in good repair:
a) so as to be free of holes and other defects which may constitute accident hazards,
b) shall be properly anchored so as to be kept in a safe and secured condition,
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c) shall be structurally sound and capable of supporting the loads imposed through their
normal use; and
3. Handrails shall be installed and maintained in good repair on all exterior stairs that have
more than three (3) risers and on all interior stairs within dwelling units that have more
than 2 risers.
4. Required guards shall be installed and maintained in good repair on all balconies,
porches, landings, mezzanines, decks and appurtenances with the requirements of the
Building Code.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans shall be maintained in good repair and
operational.
2. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline lifts and
other elevating devices shall be installed and maintained:
a) in good working order and good repair; and
b) in a safe condition.
4.06 MEANS OF EGRESS
1. Every building, structure or dwelling unit shall have a safe, continuous and unobstructed
passage from the interior to an exit or the outside of the building at street or grade level.
2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept free
of ice and snow.
3. The passage required as egress from one dwelling unit shall not pass through any other
dwelling unit.
4. In every multi-residential dwelling where a security locking-and-release system has been
provided in the front or rear lobby for the entrance into the multiple dwelling and that
system is controlled from each dwelling unit, such system shall be maintained in good
repair and in operating condition.
5. Where a non-residential building contains dwelling units located at other than grade level,
there shall be a secondary means of continuous and unobstructed egress from such
dwellings.
6. All means of egress within a non-residential property shall be maintained free from all
obstructions or impediments;
a) provided with clear, unobstructed and readily visible exit signs, for every required exit;
and
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b) provided with lighting facilities capable of illuminating the means of egress to ensure
the safe passage of persons exiting the building.
4.07 HEATING
1. Every residential dwelling shall have a heating system capable of maintain a temperature
of 21' Celsius (71' Fahrenheit).
2. It is the responsibility of the owner that all heating and mechanical systems, and their
components be installed, operational and maintained in good working order.
3. No rental residential dwelling unit shall be equipped with portable heating equipment as
the primary source of heat.
4. Solid fuel burning appliances shall conform to the standards as set out in the Building
Code. Fireplaces and similar construction used or capable of being used for burning
fuels in open fires shall be connected to approved chimneys and shall be installed so as
not to create a fire hazard to nearby or adjacent combustible materials and structural
members.
5. If heating equipment burns solid or liquid fuel, a storage place or receptacle for the fuel
shall be provided in a safe place and maintained in a safe condition.
6. Fuel-burning equipment shall be vented to a flue by means of rigid connections leading to
a chimney or a vent or flue. All flues shall be kept clear of obstructions.
7. Every chimney, smoke pipe and flue shall be maintained so as to prevent gas from
leaking into the building.
4.08 ELECTRICAL
1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an
approved electrical supply system. An adequate supply of electrical power shall be
available in all occupied areas of every dwelling, suite and building.
2. The connection to the building and the system of circuits and outlets distributing the
electrical supply within the building shall provide adequate capacity for the use of the
building and such connections, circuits, wiring and outlets along with any fuses, circuit
breakers and other appurtenances thereto shall be installed and maintained in good
working order.
3. Extension cords are not permitted on a permanent basis.
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4.09 VENTILATION
1. Ventilation shall be provided to, maintained and operated in all rooms and spaces within
a building so as to prevent accumulations of heat, dust, fumes, gases, including carbon
monoxide, vapours and other contaminants which may create a fire, explosion, toxic
hazard or health hazard.
2. Every ventilation system shall be cleaned and maintained in good working condition and
good repair.
4. When an exterior opening is used or required for ventilation and is not required to be
protected by a door, window or similar closure, it shall be protected with screens.
4. An opening for natural ventilation may be omitted from a bathroom or toilet room where a
system of mechanical ventilation has been provided.
5. Every basement, cellar, unheated crawl space and attic shall be vented and such vents
shall be designed and maintained to prevent entry of snow, rain, rodents and insects.
4.10 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen, hall,
cellar, basement, laundry, furnace room and non-habitable work room in a suite, dwelling
unit or building shall have a permanently installed lighting fixture that shall be maintained
in a safe condition and in good working order.
2. Lighting equipment shall be installed throughout every property to provide adequate
illumination for the use of each space so as to provide safe passage.
4.11 PLUMBING
1. All plumbing, waste and vent pipes, water pipes and plumbing fixtures in every building;
a) shall be connected to a sewage system through water seal traps,
b) shall be maintained in good working order and good repair free from leaks and
defects, and
c) shall be maintained in a safe condition protected from freezing.
2. Plumbing systems on a property shall be provided, installed and maintained in
compliance with the respective requirements of any applicable Act or the Building Code.
4.12 WATER SUPPLY
1. Every dwelling and every building to which water supply is required, potable supply shall
be provided through pressurized piping where;
a) an adequate hot water supply capable of being delivered to the fixtures at a maximum
491Zl Celsius;
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b) the piping for hot and cold water is connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
c) the piping for cold water is connected to every water closet and hose bib.
4.13 SEWAGE SYSTEM
1. Every plumbing fixture in every building shall discharge the water, liquid or sewage into
drainage piping, which shall be connected to a municipal sewage system, or a private
sewage system approved by the authority having jurisdiction and in accordance with all
applicable law.
2. Sewage or organic waste shall not be discharged to the surface of the ground, but into a
sewage system where such system exists. Where a sewage system does not exist,
sewage or organic waste shall be disposed of in a manner according to the Ontario
Building Code.
3. The land in the vicinity of a sewage system shall be maintained in a condition that will not
cause damage to, or impair the functioning of the sewage system.
4.14 VERMIN CONTROL
1. Every property shall be maintained so as to be free from vermin and conditions that may
promote an infestation at all times.
PARTS
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A non-habitable room shall not be used as a habitable room.
2. No kitchen shall be used as a bedroom.
3. No basement or portion thereof shall be used as a dwelling unit, unless it meets the
following requirements:
a) access to each habitable room shall be gained without passage through a furnace
room, boiler room or storage room;
b) each habitable room shall comply with all requirements for ingress, egress, light,
ventilation and ceiling height set out in this By-law; and
c) floors and foundation walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5.02 TOILET AND BATHROOM FACILITIES
1. Every dwelling unit shall contain plumbing fixtures in good repair and in an operative
condition, consisting of a minimum of one toilet, one sink, and one bathtub or shower.
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2. All bathrooms and toilet rooms shall be located within and accessible from within the
dwelling unit.
3. All bathroom and toilet rooms shall be fully enclosed and maintained so as to provide
privacy for the occupant.
4. No toilet or urinal shall be located within a bedroom or a room that is used for the
preparation, cooking, storing or consumption of food.
PARTS
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 YARDS
1. Every owner and every occupant in that part of non-residential property that is occupied
or controlled by the occupant, shall maintain to the standards as described in Part 2 of
this By-law and:
a) in a sanitary and safe condition, free from litter, refuse and waste including such litter
and refuse as may be left by customers or other members of the general public and
shall provide containers for the disposal of such litter or refuse;
b) free from objects or conditions which are health, fire or safety hazards; and
c) free from rodents, insects or vermin.
2. The warehousing or storage of material or operative equipment that is required for the
continuing operation of the industrial or commercial aspect of the property shall be
maintained in a neat and orderly fashion so as to not create a fire or accident hazard or
any unsightly condition and shall provide unobstructed access for emergency vehicles.
6.02 MEANS OF EGRESS
1. All means of egress within a non-residential property shall be;
a) maintained free from all obstructions or impediments;
b) provided with clear, unobstructed and readily visible exit signs, for every required exit;
and
c) provided with lighting facilities capable of illuminating the means of egress to ensure
the safe passage of persons exiting the building.
6.03 GUARDRAILS
1. A guard shall be installed and maintained in good repair on the open side of any stairway
or ramp containing thee (3) or more risers including the landing or a height of 600 mm.
(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, balconies and mezzanines.
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6.04 SEPARATIONS
1. Every dwelling unit shall be maintained and protected so as to prevent the passage of
noxious fumes and gases from a part of the building that is not used for human habitation
into other parts of the dwelling unit.
6.05 VENTILATION
1. All non-residential properties shall be adequately ventilated by natural or mechanical
means and with regard to the operations carried on therein, to ensure that persons within
the property are not exposed to conditions detrimental to their health or safety.
2. Mechanical ventilating equipment and its supports shall be maintained in good repair and
in safe mechanical condition.
6.06 LIGHTING
1. All non-residential establishments shall install and maintain sufficient windows, skylights,
and light fixtures necessary for the safety of all persons attending the premises.
PART7
VACANT - DAMAGED - DEMOLITION
7.01 VACANT LAND
1. Vacant land shall be maintained to the standards as described in Part 2, of this By-law.
2. Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
7.02 VACANT BUILDING
1. If any building is unoccupied, the owner or the agent shall protect every such building
against the risk of fire, accident, or other hazard and shall effectively prevent the
entrance thereto of all unauthorized persons.
2. The owner or agent of a vacant building shall board up the building to the satisfaction of
the Property Standards Officer by covering all openings through which entry may be
obtained with at least 12.7 mm. (0.5 inches) weatherproof sheet plywood securely
fastened to the building and painted a colour compatible with the surrounding walls.
3. If a building remains vacant for a period of more than ninety (90) days, the owner or
agent thereof shall ensure that all utilities serving the building are properly disconnected
or otherwise and secure the building to prevent accidental or malicious damage to the
building or adjacent property, but this provision shall not apply where such utilities are
necessary for the safety or security of the building.
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7.03 DAMAGE BY FIRE - STORM - OTHER CAUSES
1. In the event of fire or explosion, damaged or partially burned material shall be removed
from the premises, except that such material may be temporarily stored within the
barricaded, damaged building or structure, provided that such storage does not exceed
ninety (90) days duration.
2. Fire damaged buildings or portions thereof, with proper documentation; shall be repaired
to their original condition or shall be demolished accordingly.
7.04 DEMOLISH BUILDING
1. Where a building, accessory building, fence or other structure is being demolished, the
property shall be cleared of all rubbish, waste, refuse, masonry, lumber, wood and other
materials and left in a graded condition.
2. Where a building, accessory building, fence or other structure is being demolished, every
precaution shall be taken to protect the adjoining property and members of the public.
The precautions to be taken include the erection of fences, barricades, covered
walkways for pedestrians and any other means of protection necessary for the protection
of the adjoining property and members of the public.
PARTS
ADMINISTRATION AND ENFORCEMENT
8.01 This By-law shall apply to all property within the limits of the Township of Mapleton.
8.02 The imperial measurements contained in this By-law are given for reference only.
8.03 NON-COMPLIANCE
1. The owner of any property which does not conform to the standards as set out in this By-
law shall repair and /or maintain said property to comply with the standards or the
property shall be cleared of all buildings, structures, waste or refuse and left in a leveled
and graded condition.
2. Where any person fails to comply with an order issued, the Township of Mapleton may
cause the required work to be done at the cost of the person. The cost of such work may
be recovered by action or by adding the costs to the tax roll and collecting them in the
same manner as property taxes as a priority lien.
8.04 ORDERS
1. Every Officer who finds that a property does not conform with any of the standards
prescribed in this By-law, may make an order pursuant to the provisions of Section 15 of
the Building Code Act.
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2. An owner or occupant who has been served with an order made under subsection
15.2(2) 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.
3. Every order shall be deemed confirmed where an appeal has not been filed within the
prescribed period.
4. Every person to whom an order is issued shall, where the order has been confirmed,
comply with the requirements and/or conditions of the order by the prescribed date.
5. Failure to comply with the requirements of an order shall constitute an offence pursuant
to section 36 of the Building Code Act, S. 0. 1992, c. 23, as amended.
6. Where an owner fails to comply with the conditions of an order within the prescribed time
period, the Township and its agents may enter upon the property and take the actions
necessary for compliance with the order.
7. All costs incurred by the Municipality under Clause (6), may be recovered as taxes upon
the property.
8.05 OFFICERS
1. The Council of the Township of Mapleton shall appoint a Property Standards Officer(s)
responsible for the administration and enforcement of this by-law.
8.06 APPEAL OF THE ORDER
1. Each person who initiates an appeal of an Order made under Section 15.2(2) of The
Ontario Building Code Act, R.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.
8.07 CONFLICTS- BY-LAWS- STANDARDS- REGULATIONS
1. Where a provision of the Chapter conflicts with the provisions of another By-law, Act or
Regulation in force within the Township, the provision, which establishes the higher
standards to protect the health, safety and welfare of the occupants and the general
public, shall prevail.
8.08 VALIDITY
1. If any provision or article of this by-law is for any reason found to be invalid by a court of
competent jurisdiction, the provision or article found to be invalid shall be severed from
the Chapter and the remaining provision or article shall remain in effect until repealed.
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8.09 PENALTY
1. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an
offence and is liable to any penalty as provided in the Provincial Offences Act.
8.10 SEVERABILITY
1. It is hereby declared that each and every of the forgoing provisions of this By-law is
severable and that, if any provisions of this By-law should, for any reason, be declared
invalid by any Court, it is the intention and desire of this Council that each and every of
the then remaining provisions hereof shall remain in full force and effect.
8.11 TRANSITIONAL RULES
1. After the date of the passing of this By-law, By-law No. 2002-23 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
township shall have been concluded.
8.12 TITLE
NOW THEREFORE the Council of the Township of Mapleton enacts as follows;
1. This By-law may be referred to as "The Property Standards By-law".
2. That Schedule A attached to this by-law shall be the Terms of Reference
8.13 APPROVAL OF NEW BY -LAW
1. That this by-law· shall come into force and takes effect on the date of its final passing.
8.14 REPEALING OF OLD BY-LAW
1. That By-law No. 2002-23 is hereby repealed.
By-law Number 2017-101
Property Standards
Read a first and second time this 1Oth day of October 2017.
Mayo~
Cle1f
· e and finally passed this 24th day of October 2017.
jJ
Mayor
SCHEDULE A
Property Standards Appeal Committee
Terms of Reference
1. MANDATE
1.1
The Township of Mapleton Property Standards Appeal Committee (the "Committee") has
full delegation of the authority in the Building Code Act (BCA) and the Municipal Act to
hear appeals from property owners/occupants who have been served with a Property
Standards Order to which they have taken issue with such Order. (Section 15.3(1) BCA)
1.2
The Committee shall:
a) Hear evidence presented by the Property Standards Officer, the Owner/Occupant of
the property, as well as any additional witnesses, having evidence relating to the case.
b) Review each appeal on an individual basis. Decision will not be precedent setting.
1.3
The Committee may:
a) Confirm, modify or rescind the Order to repair or demolish; or
b) Extend the time for complying with the Order.
2. REPORTING & FUNCTIONAL RELATIONSHIPS
2.1
The Property Standards Officer and/or By-law Enforcement Officer, Chief Building
Official, Fire Chief and/or Clerk will act as the staff resource persons for the Committee.
3. COMMITTEE MEMBERSHIP
3.1
The Committee shall consist of a minimum of 3 and maximum of 5 public citizens
appointed by the Council of the Township of Mapleton.
3.2
Three (3) members shall constitute a quorum. Section 1 of "Schedule A 1 ", Rules of
Procedure, shall apply if no quorum is present.
3.3
Committee members must have the ability to understand and apply the provisions of the
Municipal Property Standards By-law and must remain impartial with respect to their
ability to fulfill their responsibilities.
3.4
The members of the committee shall be paid in accordance with Section 15.6(3) of the
BCA.
3.5
The Term of the Committee is four years, corresponding with the Term of Council.
3.6
A Chair shall be elected by the Committee members and will serve for a one year term.
In the absence of the Chair an Acting Chair will be appointed.
The Chair will ensure
that decorum is maintained at each meeting and that "Schedule A 1 ", Rules of Procedure
is observed at all times.
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4. VACANCIES
4.1
Where a vacancy occurs for any reason, Council shall by resolution fill any vacancy that
occurs as per Subsection 15.6(2) BCA.
5. MEETING STRUCTURE
5.1
An owner or occupant who has been served with an Order made under Subsection
15.2(2) of the BCA, and who is not satisfied with the terms or conditions of the Order
may appeal to the committee by sending a written request via registered mail or in person
to the Committee Secretary to begin the appeal process. Appellants have 14 days from
the date of service to appeal a Property Standards Order as per Section 15.3 (1) of the
BCA.
5.2
The Committee will be called to order as required. The date and time of the meetings
will be coordinated by the Committee Secretary and communicated directly to the
committee members.
5.3
The Committee Secretary will be provided for by the Township of Mapleton. An agenda
shall be prepared for each Committee meeting and the minutes of each meeting shall
outline the general deliberations and specific decisions and actions that result.
5.4
The Committee shall provide its decision in writing to all parties.
5.5
The Township in which the property is situated or any owner or occupant or person
affected by a decision under subsection 15.3(1) of the Building Code Act may appeal the
decision of the Committee to the Superior Court of Justice by notifying the clerk of the
township in writing and by applying to the court within 14 days after a copy of the decision
is sent, Subsection 15.3 (4) of the BCA.
6. MEETING DATES
6.1
Appeals are to be held, at a maximum, every three months with the dates to be
established at the beginning of the calendar year. This time frame may be altered through
the Chair, from time to time based on the need.
7. FAILURE TO ATTEND BY APPELLANT
7.1
Where an appellant is properly notified of a hearing or appeal and does not attend at
the time and place appointed, the Committee shall determine that the appellant has
deemed "not to dispute" the Order and the Committee shall confirm the Order(s) as
written, with the appellant being notified of the Committee's decision after the appeal
hearing.
8. PUBLIC ACCESS
8.1
All appeal hearings shall be fully accessible to the general public and the appeal
agenda shall be available at the Clerk's Office the day the Committee members receive
their agendas. The Committee shall render its decision on the matter in the presence of
the public, the appellant, staff and other interested parties.
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9. APPEAL FORMAT
9.1
The Chair will explain the role of the Committee and the format of the appeal.
9.2
The Property Standards Officer and/or, any additional witnesses acting on behalf of the
Township shall present their testimony to the Committee. Should there be a need to clarify
information provided through testimony, the Committee may question the Property
Standards Officer or the additional witnesses who were acting on behalf of the Township.
9.3
At the conclusion of the Committees question period, the appellant may then have an
opportunity to question the Property Standards Officer strictly on the information provided
through testimony. This is only an opportunity for questions from the appellant, and not
for providing statements to the Committee. This process may continue for each witness
that will give testimony on behalf of the Township.
9.4
The appellant shall then present their testimony to the Committee. Should there be a need
for clarification concerning the appellant testimony, the Committee may then question the
Appellant.
9.5
At the conclusion of the Committee question period, the Property Standards Officer may
have the opportunity to question the appellant strictly of the information provided through
the appellants testimony. This process may continue for each witness that will give
testimony on behalf of the appellant.
9.6
At the conclusion of all questioning and presenting testimony, the Committee shall
deliberate. Township staff and the appellant will remain present to answer any additional
questions raised by any member that requires clarification.
9.7
The Chair shall orally notify the appellant of the Committee's decision with regard to the
appeal. The Chair shall also notify the appellant that the Committee's decision will be
provided to them in writing.
9.8
The Chair shall advise any individual or Township staff of further procedural methods
under Section 15.3 of the BCA, Appeal to the Court, should there be a disagreement with
the Committees findings.
10. EFFECT OF DECISIONS
10.1
An order that is deemed to be confirmed under Section 15.3, subsection (2) or that is
confirmed or modified by the committee under subsection (3.1 ), or a judge under
subsection (6) as the case may be, shall be final and binding upon the owner and
occupant who shall carry out the repair or demolition within the time and in the manner
specified in the order.
11.GENERAL
11.1
The Committee may, subject to Subsection (9) of The Building Code Act R.S.O. 1992,
adopt policies and procedures for its operation and any member may administer oaths.
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SCHEDULE "A1"- RULES OF PROCEDURES
A. QUORUM
A.1
A majority of members constitutes a quorum for transacting the committee's business
as per Section 15.6(5) BCA
A.2
If a quorum is not present within 15 minutes after the time appointed for a meeting, the
Committee Secretary shall record the names of the members present and the meeting
shall stand adjourned until the next meeting is scheduled.
A.3
Committee members are encouraged to notify the Committee Secretary when the
Member is aware that he/she will be absent from any meeting of the Committee.
B. MEETINGS OPEN TO THE PUBLIC
8.1
All proceedings of the Committee shall be open to the public.
C. CONDUCT OF WITNESSES, APPELLANTS, DELEGATIONS, OR INDIVIDUALS MAKING
PRESENTATIONS
C.1
Witnesses, Appellants, or Individuals making presentation shall:
a) speak in a respectful manner to all parties
b) refrain from using offensive or derogatory comments
c) address only the issue for which they have been asked to comment or respond to by
the Chair
d) obey the decision of the Chair or Committee
e) refrain from entering into a cross debate with other individuals present
C.2
Every member, appellant, witness, delegate and individual must govern their own
behaviour (self-discipline) in accordance with the provisions of these Rules of
Procedures. The Chair has a special role to enforce the conduct with the support of the
Committee.
C.3
The owner, occupant or persons affected by the Order desiring to present an appeal to
the Committee shall give notice, to the Committee Secretary, in person or by sending
registered mail within 14 days after service of the Order with regard to Property
Standard Order. Section 15.3( 1)
C.4
Notwithstanding Section C.3 of this document, individuals wishing to provide information
pertinent to the appeal, shall advise the Committee Secretary prior to the
commencement of the appeal. The Committee Secretary shall advise the Committee
Chair, at which time, only with the permission of the Committee, may individuals offer
such information.
C.5
The Chair may limit the number of individuals speaking if he/she believes that the
information being provided has already been presented to the Committee or the
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individual does not have firsthand knowledge of the matter or incident that is being
heard by the Committee.
C.6
Notwithstanding Section C.5 of this document, an individual, other than a Property
Standards Officer, the owner, the occupant or a witness, shall be limited to a speaking
time of not more than 1 0 minutes.
D. RULES OF CONDUCT & DEBATE
It shall be the duty of the Chair to:
0.1
call the Meeting to order;
0.2
ensure that a quorum is established and is maintained throughout the course of the
Meeting;
0.3
The Chair shall ask each side to summarize their respective positions, starting with the
Property Standards Officer.
0.4
put to a vote all motions that arise in the course of the proceedings and announce the
result of each vote;
0.5
decline to put to vote motions that infringe upon the rules under this by- law;
0.6
uphold on all occasions the rules and the observance of order and decorum amongst the
Members and attendees in accordance with this by-law;
0.7
rule on Points of Privilege and Points of Order and decide all questions relating to the
orderly procedure of the Meeting;
0.8
adjourn the Meeting without question or suspend the Meeting to a time to be named by
the Chair, if considered necessary because of grave disorder;
0.9
adjourn the Meeting at the earlier of when the business is concluded, or at the designated
time.
A Member shall not:
0.10 disobey the rules of procedure;
0.11 disturb the other members by any disruptive or distracting conduct, including private
conversations or electronic communications among Members during a Meeting;
0.12 display any behaviour which may be considered disruptive, inconsiderate or disrespectful,
or use profane or offensive words or insulting expressions;
0.13 leave their seat or make any noise or disturbance while a vote is being taken;
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0.14 speak until recognized by the Chair;
0.15 interrupt a Member who is speaking, except to raise a Point of Order or a Point of
Privilege;
0.16 leave the Meeting at any time without advising the Chair;
0.17 speak more than once on an item until every Member who desires to speak has spoken;
0.18 comment or question on matters other than those directly pertaining to the subject
application before him or her;
0.19 use their status on the Committee for personal or political gain.
0.20 In the event that a member persists in a breach of section 8.2 above, after having been
called to order by the Chair, the chair shall without debate call the question "Shall the
Member be ordered to leave his or her seat for the duration of the Meeting?", and this
question shall not be debatable.
0.21
If the Committee decides the question set out above in the affirmative by a majority vote
of the members present, the Chair shall order the Member to leave his or her seat for the
duration of the meeting.
0.22 If the Member apologizes, the Committee may permit the member to resume his or her
seat.
0.23 If the member does not apologize or does not leave his or her seat after being ordered to
do so, then the Chair will direct the Committee Secretary to seek the appropriate
assistance from the Ontario Provincial Police.
0.24 In the event that a Member misses three consecutive meetings or more than 50 percent
of all Meetings in a calendar year, Council may remove said Member from the Committee.
0.25 In the event that a Member engages in grave misconduct in the course of their duties as
a Member, including the violation of any Corporate Policy, Council may remove said
member from the Committee.
0.26 Attendees at a meeting shall maintain order and quiet and shall not display signs or
placards, applaud, heckle or engage in telephone or other conversation or any behaviour
which may be considered disruptive, inconsiderate, disrespectful or intimidating to others.
0.27 Any person who disrupts a meeting shall be asked by the Chair to stop the disruptive
behaviour and if the person persists they shall be asked to leave the meeting.
0.28 If a person refuses to leave the meeting upon being requested to do so by the Chair, the
Chair may recess the meeting and may direct the Committee Secretary to seek the
appropriate assistance of the Ontario Provincial Police.
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0.29 All cell phones and electronic devices, except those in use to record or otherwise facilitate
the meeting, shall be turned off or otherwise set so as to not emit any audible sound during
a meeting.
F. ORDER OF BUSINESS
Agenda
F .1
The Committee Secretary shall prepare and cause to be circulated for the use of the
Committee members at the regular meetings of Committee, an agenda listing the Order
of Business, as follows:
a) Call to Order
b) Pecuniary interests/conflict of interest
b) Minutes
c) Public Meeting I Appeals
d) Other I New Business
e) Adjournment
F.2
All business shall be taken up in the order in which it appears on the agenda unless
otherwise decided by general consent of the Committee members present.
F .3
The agenda will be delivered to each Committee member no later than the 48 hours
preceding the Committee meeting.
Call to Order
F .4
If quorum is present, the Chair shall call the meeting to order.
F.5
If the Chair does not attend a meeting of Committee within five minutes after the time
appointed, the Committee Secretary shall call the Committee members to order and the
Acting Chair shall be appointed and preside until the arrival of the Chair.
Pecuniary Interest
F.6
Any member of the committee who may have a pecuniary interest, interests that have a
direct or indirect financial impact or as defined under the current Municipal Conflict of
Interest Act as amended from time to time, shall declare such pecuniary interest and
remove themselves from the proceedings.
Minutes
F.7
The Committee Secretary shall cause minutes to be taken at each meeting of
Committee, which shall include:
a) the place, date and time of the meeting;
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b) the attendance of members; should a member enter after the a meeting commences
or leave prior to adjournment, the time shall be noted;
c) the decision of the appeal
F.8
Minutes of the last regular meeting of Committee and of all Special Committee meetings
held subsequent to the last regular meeting, shall be included in the agenda and may
be adopted by Committee.
Appeals
F.9
The Chair will coordinate the hearing of the Appeals as they are listed on the meeting
Agenda. The Appeal format is outlined in Section 6 of the Terms of Reference.
F.10 The Chair has the ability to deviate from the Order of Appeals and the format as he/she
deems necessary, but shall always strive to have it maintained as written.
Other I New Business
F.11
Items of business requiring the direction of Committee will appear under this section of
the agenda. These matters shall generally pertain to information items only.
G. VOTING
G.1
The meeting for a vote shall be closed as per Section 239 (6)(b) of the Municipal Act
G.2
Every Committee Member present at a meeting, when a question is put, shall vote
thereon; unless disqualified to vote on the question. All votes shall be by show of hands,
except where a recorded vote is requested by any Committee Member.
G.3
If a Committee Member does not vote when a question is put, he or she shall be
deemed to have voted in the negative, except where the Committee Member is
disqualified from voting.
G.4
Immediately preceding the taking of the vote, the Chair shall state the question in the
form introduced.
G.5
The Chair shall publicly announce the result of every vote.
Recorded Vote
G.6
When a recorded vote is requested by a Committee Member, or is otherwise required,
the Committee Secretary shall record the name and vote of every Committee Member,
on the question commencing with the Member who made the request and then all other
Committee Members, randomly, until all Committee Members have voted. The order
shall be in ascending alphabetical order unless otherwise requested by the committee
member.
G. 7
The Chair shall vote last.
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Tied Vote
G.8
Any question on which there is an equal number of votes shall be deemed to have been
decided in the negative.
H. EFFECT OF DECISIONS
H.1
An order that is deemed to be confirmed under Section 15.3, subsection (2) or that is
confirmed or modified by the committee under subsection (3.1 ), or a judge under
subsection (6) as the case may be, shall be final and binding upon the owner and
occupant who shall carry out the repair or demolition within the time and in the manner
specified in the order.
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