This is the exact embedded text of the captured official document.
Snapshot 6353699a5623 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE MUNICIPALITY OF MORRIS-TURNBERRY
BY-LAW N0. 36-2020
Being a by-law to prescribe standards for the maintenance and occupancy ofproperty in
the municipality of Morris-Tumberry
WHEREAS s. 127 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the
"Municipal Act, 2001"), states that a local Municipality may:
(a)
requlre the owner or occupant of land to clean and clear the land, not
including buildings, or to clear refuse or debris from the land, not
including buildings;
(b)
regulate when and how matters required under clause (a) shall be done;
(c)
prohibit the depositing of refuse or debris on land without the consent of
the owner or occupant ofthe land;and,
(d)
define "refuse" for the purpose ofthis section.
ANDWHEREASs. 15.1(3)ofthe BuildingCodeAct, 1992, S.O. 1992, c. 23, asamended
(the "Act"), states that the Council ofa Municipality may pass a by-law to do the following
things if an Official Plan, that includes provisions relating to property conditions, is in
effect in the Municipality or if the Council of the Municipality has adopted a policy
statement:
(a)
Prescribing standards for the maintenance and occupancy of property
within the Municipality or within any defined area or areas and for
prohibiting the occupancy or use ofsuch property that does not conform
to the standards.
(b)
Requiring property that does not conform to the standards to be repaired
and maintained to conform to the standards or the site to be cleared ofall
buildings, structures, debris or refuse and left in graded and levelled
condition.
AND WHEREAS the Council of The Corporation of the Municipality of Morris-
Turnberry (the "Municipality") deems it desirable to enact a by-law to prescribe and
enforce standards for the maintenance and occupancy ofproperty within the Municipality;
NOW THEREFORE the Council ofthe Municipality, pursuant to its authority under s.
15.1 ofthe Building Code Act, 1992, S.O. 1992, c. 23, enacts as follows:
TABLE OF CONTENTS
PART ] - DEFINITIONS
PART 2 - APPLICATION AND INTERPRETAT10N
PART 3 - PROH1B1TION
PART 4 - ENVIRONMENT
4.1 YAR.DS
4.2 DR1VEWAYS, RAMPS, ETC.
4.3 UNSTABLE SOIL
4.4 LIGHTING
4.5 CONDITIONS MAINTA1NED
4.6 ACCESSORY BUILDINGS
4.7 FENCES
4.8 OUTSIDE STORAGE OF REFUSE OR RECYCLABLE MATERIAL
4.9 S1GN MA1NTENANCE STANDARDS
4.10 MOTORVEHICLE STORAGE
4.11 MISCELLANEOUS
PART5-BU1LDINGS
5.1 STRUCTURAL SYSTEM
5.2 DOUBT AS TO STRUCTURAL CONDIT10N
5.3 ENGINEER'S REPORT ACCEPTANCE
5.4 FOUNDAT10N
5.5 ROOF STRUCTURES
5.6 STAIRS, HANDRA1LS AND GUARDS
5.7 FLOORS
5.8 HEAT1NG, VENTILAT10N AND MECHANICAL
5.9 SEWAGE DISCHARGE
PART 6 - SUPPLEMENTARY STANDARDS FOR VACANT PROPERTY
6.1 GENERAL
PART 7 - SUPPLEMENTARY STANDARDS FQRNQN-RES1&ENT1AL PROPERTY
7.1 GENERAL
7.2 MEANS OF EGRESS
7.3 INTERIOR WALLS, CEIL1NGS AND FLOORS
PART 8 - SUPPLEMENTARY STANDARDS FOR RESIDENTIAL RENTAL
PROPERTY
8.1 GENERAL
8.2 L1GHT AND VENTILATION
8.3 INTER10R WALLS
8.4 FUEL SUPPLY
8.5 HEAT1NG. VENT1LATION, MEGHANICAL
8.6 ELECTRICAL
8.7 SAFETY AND SECURITY
8.8 INDOOR STORAGE OF REFUSE OR RECYCLABLE MATERIAL
8.9 OUTDOOR STORAGE OF REFUSE OR RECYCLABLE MATERIAL
8.10PESTPREVENTION
8.11 M1SCELLANEOUS
PART 9 - DEMOLIT10N
9.1 DEMOLIT10N
PART 10 - DAMAGE BY F1RE. STORM OR OTHER CAUSES
10.1DAMAGE BY FIRE, STORM OR OTHER CAUSES
PART 11 - ENFORCEMENT
11.1 POWERS OF ENTRY
11.2 ORDERS
11.3APPEALS
11.4 FAILURE TO COMPLY WITH AN ORDER
11.5 CERT1F1CATE OF COMPLIANCE
11.6ENFORCEMENT
11.7 OFFENCES AND PENALTL1ES
PART 12 - PROPERTY STANDARDS COMMITTEE
12.1 PROPERTY STANDARDS COMMITTEE
PART 13-EFFECT
13.1 SEVERAB1L1TY
13.2SHORTT1TLE
13.3 COMING INTO FORCE
PART 1
DEFINIT10NS
1.1
DEFINITIONS
In this by-law:
"Act" means the Building Code Act,1992,S.O.1992,c. 23, as amended;
"Accessory building" means a subordinate building or structure, on the same lot as the
main building or a part of the main building devoted exclusively to a use naturally and
normally incidental to, subordinate to, and devoted exclusively to the main use of the
property;
"Basement" means a storey or storeys ofa building located below the storey with its floor
closest to grade which has a ceiling of more than 1.8 metres (6 feet) above grade;
"Building'1'1 means:
(a)
a structure occupying an area greater than ten square metres consisting of
a wall, roofand floor or any ofthem or a structural system serving the
function thereof including all plumbing, works, fixtures and service
systems appurtenant thereto;
(b)
a structure occupying an area often square metres or less that contains
plumbing, including the plumbing appurtenant thereto;
(c)
plumbing not located in a structure;
(d)
a sewage system; or,
(e)
structures designated in the Building Code;
"Building Code" means Ontario Regulation 332/12, as amended or other regulations made
under s. 34 ofthe Act;
"Certificate of Compliance" means a certificate issued by a Property Standards Officer if
he/she is ofthe opinion that the property, for which the certificate has been requested, is in
compliance with the standards established by this by-law;
"Chief Building Official" or "CBO" means a chief building official appointed or
constituted under section 3 or 4 ofthe Act or his/her designate;
"Council" means the Council ofthe Municipality;
"Demolish" means to do anything in the removal of a building or any niaterial part (hereof
and "demolition" has a corresponding meaning;
"Dwelling unit" means a room, or suite ofrooms, operated as a single housekeeping unit
in a building, used or intended to be used as a domicile by one or more persons and usually
containing cooking, eating, living, sleepmg and sanitary facilities;
"Floor area" means the space on any storey of a building between exterior walls and
required firewalls, including the space occupied by interior walls and panitions, but not
including exits and vertica] service spaces that pierce the storey;
"Grade" means the average level ofproposed or finished ground adjoining a building at all
exterior walls;
"Ground cover" means organic or non-organic material applied to prevent soil erosion such
as concrete, flagstone, gravel, asphalt, grass or other landscaping;
"Guard" means a protective barrier around openings in floors or at the open sides ofstairs,
landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent
accidental falls from one leve] to another;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
"Landlord" includes:
(a)
the owner ofa rental unit or any other person who permits occupancy of
a rental unit, other than a tenant who occupies a rental unit in a
residential complex and who permits another person to also occupy the
unit or any part ofthe unit; and,
(b)
the heirs, assigns, personal representatives and successors in title ofa
person referred to in clause (a).
"Motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars ofelectric steam
railways, or other motor vehicles running only upon rails, or a motorized snow vehicle.
traction engine, farm tractor, self-propelled implement of husbandry or road building
machine within the meaning ofthe Highway Traffic Act;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"Municipal Law Enforeement Officer" means a person appointed by the Municipality
under s. 15 ofthe Police Services Act, R.S.O. 1990, c. P.15;
"Non-residential property" means property not occupied, in whole or in part, for the
purpose ofhuman habitation;
"Occupant" means any person or persons over the age ofeighteen (18) years occupying a
property;
"Owner" includes:
(a)
the registered owner ofthe property;
(b)
the person for the time being managing or receiving the rent ofthe
property, whether on the person's own account or as agent or trustee of
any other person, or who would receive the rent ifthe property were let;
and,
(c)
a lessee or occupant ofthe property who, under the tenns ofa lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property as set out in
this by-law;
"Person" means an individual, corporation, unincorporated association or partnership;
"Pests" means rodents, vermin or insects;
'Troperty" means a building or structure, or part ofa building or structure, and includes
the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences
and erections thereon, whether heretofore or hereafter erected as well as vacant land;
"Troperty Standards OfTicer" means a Municipal Law Enforcement Officer;
"Recyclable material" includes, but is not limited to, the following material:
(a)
glass, including bottles andjars, but not broken glass, light bulbs, mjlTors,
plate glass or ceramics;
(b)
tin and aluminum cans;
(c)
plastic soft drink bottles;
(d)
newspapers; and,
(e)
corrugated cardboard.
"Refilse" means any article or thing that:
(a)
has been cast aside, discarded or abandoned, whether ofany value or not;
(b)
has been used up, in whole or in part, whether ofany value or not; or,
(c)
has been expended or wom out, in whole or in part, whether of any value
or not.
"Rental unit" means a dwelling unit used, or intended to be used, as a residential rental
property;
"Repair" includes the provision offacilities, the making ofadditions or alterations or the
taking ofany other action that may be required to ensure that a property conforms with the
standards established in this by-law;
"Residential rental property" includes a rental unit and the yards;
"Sewage system" means the Municipalities sanitary sewer system or a private sewage
disposal system approved by the relevant approval authority;
"Sign" means:
(a)
(b)
(c)
an advertisement, identification, promotion, direction, decoration or
information by means ofprinting on or attaching bills, letters, logos, or
numerals to any building including the frame, canopy, surface or device
on which the advertisement, identification, promotion, direction,
decoration, or information is painted, placed or attached;
any structure used for the purpose ofsupporting a sign; and,
any marquees or posters.
"State of good repair" means:
(a)
in conformity with the Actand the Building Code;
(b)
structurally sound;
(c)
not broken, rusted, rotten or in a hazardous condition;
(d)
not unsightly to the extent that it would be deleterious to abutting
property owners or to the neighbourhood;
(e)
in proper working order, ifapplicable;
and,
(f)
adequately protected by weather-resistant material, ifapplicable.
"Tenanf' includes a person who pays rent in retum for the right to occupy a rental unit and
includes the tenant's heirs, assigns and personal representatives;
"Urban area" means settlement areas within the Municipality such as cities, towns, villages
and hamlets:
T
"Undesirablematerial" includes:
(a)
rubbish, garbage, brush, waste, litter and debris;
(b)
injurious insects, termites, rodents, vermin and other pests;
(c)
growth ofweeds or grass in excess of 15.24 cm (6") in height;
(d)
ground cover, hedges and bushes which overhang the sidewalk, impede
pedestrian or vehicular traffic or cause a site obstruction;
(e)
dead, decayed or damaged trees or other natural growth and the brflnefaes
and limbs thereofwhich may create an unsafe condition;
(f)
wrecked, dismantled, inoperative, discarded, unused, or unlicensed
non-pet'mittecl ve}\ic\es or trailers, except in an establishment licensed or
authorized to conduct or operate a wrecking business; fas amended bv
07-2023.)
(g)
stagnant water whieh provides a breeding place for mosquitoes or other
health hazards;
(h)
machinery or parts thereof, or other objects or parts thereof, or
accumulation ofmaterial that creates an unsafe condition;
(i)
dilapidated or collapsed structures or erections;
(j)
all fumiture used for exterior use that becomes dilapidated; or,
(k)
all furaiture designed for interior use.
"Yard" means land, other than publicly owned land, around and appurtenant to the whole
or any part ofa building that is lawfully used, intended to be used or capable ofbeing used
in connection with the building;
"Zoning By-Law"' means a by-Iaw passed by Council under the provisions of s. 34 ofthe
Planning Act, R.S.O., 1990, c. P.13, as amended.
PART2
APPLICATION AND INTERPRETATION
2.1
This by-laiv applies to all property in the Municipality.
2.2
The standards set out in this by-law, unless otherwise stated, shall be held to be the
minimum
standards for the promotion of public health,
safety,
comfort,
convenience and general welfare and are not intended to derogate
from
the
standards found in any other applicable municipal by-laws or federal or provincial
legislation.
23
The owner ofproperty which does not conform to the standards prescribed in this
by-law shall repair and maintain the property to conform to the standards ofthis
by-Iaw or the property may be cleared of all buildings, structures, debris or refuse
and left in a graded and levelled condition.
PART3
PROHIBITION
3,1
No person shall use or occupy, or permit the use or occupancy of, any
property that does not confirm to the standards prescribed in this by-law.
33.
No owner shall fail to maintain their property in conformity with the
standards prescribed in this by-law.
3.3
No owner shall fail to comply with an Order issued under this by-law;
PART4
4.1
ENV1RONMENT
YARDS
4.1.1
Yairis shall be maintained free ofany undesirablematerial.
4.2
DRIVEWAYS. RAMPS. ETC.
4.2.1
Driveways, ramps, parking areas, paths, outside stairs and landings shall:
(a)
provide a uniform surface for pedestrian or vehicle use, and shall
be maintained so as to afford safe passage under normal use
and weather conditions
4.3
UNSTABLE SOIL
4.3.1
Exterior property areas shall be graded or provided with ground cover as
appropriate to prevent unstable soil conditions or erosion and to prevent
accumulations ofdust or dirt from spreading to neighboring properties.
4.4
L1GHTING
4.4.1
Lighting fixtures, lamps and their supports and connections shall be
maintained in a safe and complete condition, without visible
deterioration and in working order.
4.4.2
All exterior lights shall not cause light to trespass onto adjacent
properties or shine directiy into a dwelling unit.
4.4.3
Sensor activated lighting shall not be triggered by activity offthe
property.
4.5
CONDITIONS MAINTA1NED
4.5.1
All approved site plan conditions including, but not limited to, drainage,
ground cover, hedges, trees and landscaping shall be maintained.
4.6
ACCESSORY BUILDINGS
4.6.1
Accessory buildings, other than farm out-buildings, shall be:
(a)
protected by paint, presen/ative or other weather-resistant
material^
(b)
structurally sound:
(c)
maintained in a state ofgood repair and free of
accident
hazaids;
and
(d)
so as not to present m unsightly appearance.
4.7
FENCES
4.7.1
All fences shall be:
(a)
maintained in a state of good repair;
(b)
protected from deterioration by the application ofpaint or oth^r
suitable protective material ofuniform colour and constructed
using a material that is inherently resistant to such deterioration
and compatible with surrounding finishes; and,
(c)
constructed using suitable materials and designed and erected in
a workmanlike manner and maintained so as not to appear
unsightly.
4.8
STORAGE OF REFUSE OR RECYCLABLE MATERIAL
4.8.1
WIiere refuse or recyclable material is stored for disposal outside ofthe
enclosed walls ofa building, the refuse or recyclable material shall:
(a)
be stored in a container suitable fbr such a purpose and in a
manner, that does not attract pests or create a health or safety
hazard due to the nature ofthe storage or through
deterioration or misuse ofthe storage facility.
4.9
S1GN MAWTENANCE STANDARDS
4.9.1
A sign shall be:
(a)
maintained in a state ofgood repair.
4.10
MOTOR VEHICLE STORAGE
4.10.1
No motorvehicle, otherthan amotorvehicle bearing avalid license plate
issued by the Ministry ofTransportation and capable ofbeing
driven, shall be parked other than in a building, unless the parking ofthe
unlicensed or inoperatlve motor vehicle is a permitted use under a
Zoning By-Law for that zone. (as amended bv 07-2023)
4.10.2
No machinery, vehicle, boat, ATV, snowmobile, trailer or part thereof
which is in an unusable, wrecked, discarded, dismantled, partially
dismantled or abandoned condition, shall be stored or allowed to remain
on any property unless otherwise permitted by a Zoning By-Law. This
shall not apply to prevent the occupants of the property from repairing a
vehicle for his or her own use,
the repair ofwhich is actively being
carried on.
4.11
MISCELLANEOUS
4.11.1
Storm water run-off shall be drained from the grounds of a property, and any
area below exterior grade, so as to prevent excessive ponding, erosion, or the
entrance ofwater on to an abutting property in such a manner as to cause damage
to the abutting property or buildings on that property.
PART5
BUILDINGS
5.1
STRUCTURAL SYSTEM
5.1.1
A building, and every structural system or component serving a part
thereof, shall be capable ofsustaining its own weight together with the
loads that may be imposed by the use and occupancy therein and by
natural causes such as snow and winds.
5.2
DOUBTASTOSTRUCTURALCOND1TION
5.2.1
If, in the opinion ofa Property Standards Oflficer, there is doubt as to the
structural condition ofa building or structure or parts thereof, a Property
Standards Officer may issue an Order that such a building or structure, or
parts thereof, be examined by a professional engineer licensed to practice
in Ontario, at the owner's sole expense, and that a written report, which
may include drawings for any recommended remedial work be provided
to a Property Standards Officer.
5.3
ENGINEER'SREPORTACCEPTANCE
5.3.1
A Property Standards Officer may accept the findings contained in the
engineer's report pursuant to subsection 5.2.1 provided that the Property
Standards Officer is satisfied that all deficiencies have been identified
and appropriately dealt with by the report.
5.3.2
Upon completion ofall ofthe work required by the engineer's report, a
further repon prepared by the professional engineer shall be submitted to
the Property Standards Officer certilying that all ofthe work proposed in
the written report has been completed and is in accordance with all
applicable legislation.
5.3.3
No structural element may be added, removed, repaired or modified in
any manner until a required permit has been obtained from the Chief
Building Official.
5.4
FOUNDATIONS. WALLS. ETC.
5.4.1
The foundations, walls, columns, beams, floor and roofslabs ofa
building, including ancillary structures such as parking garages, shall be
maintained in a state ofgood repair.
5.4.2
A foundation wall, basement, cellar or crawl space floor, slab on grade,
exterior wall and roof shall be structurally sound, weather tight and
damp-proofed and shall be maintained so as to protect against
deterioration caused by the elements, fungus, mold, dry rot, rodents,
vermin or insects.
5.4.3
The foundations, walls, columns, beams, floors, roofslabs and balconies
ofall buildings, including parking garages and accessory buildings, shall
be maintained:
(a)
in astateofgoodrepair;
(b)
free from decayed, damaged or weakened sills, beams, piers,
posts pr other supports;
(c)
in a manner so as to prevent the entry ofmoisture into the
building;
and,
(d)
in a manner so as to prevent settlement ofthe building;
5.4,4
The exterior walls ofall buildings shall be maintained in a state ofgood
repair and in a manner to prevent deterioration caused by the elements or
pests and free from:
(a)
cracked or broken masonry;
(b)
defective or deteriorated wood or metal siding 6r trim;
(c)
cracked broken or loose stucco; or,
(d)
loose or unsecured objects.
5.4.5
Where the masonry units forming an exterior wall, or part ofan exterior
wall, ofany building are faced with a glazed or other decorative surface,
all ofthose units from which the surface has spalled or broken shall be
removed and replaced with units having a facing similar to that ofthe
original wall so that the wail presents a uniform and neat appearance or
is finished with other materials approved by a Property Standards Officer.
5.4.6
AII exterior surfaces which have been previously covered with paint or
other protective or decorative materials shall be maintained in a state of
good repair and the covering renewed wben it becomes damaged or
deteriorated.
S.4.7
Metal eaves troughs, rainwater pipes, flashings and all exterior metal
ducts shall be kept free from rust by application ofa suitable protective
material such as paint, and shall be renewed or replaced when such
application deteriorates or, becomes ineffective.
5.4.8
The cladding on the exteriorwalls ofall buildings shall consistof
masonry, stucco, wood, plywood, metal or other materials ofequivalent
strength, durability and fire endurance approved by a Property Standards
Officer.
5.4,9
Balconies, porches, canopies, marquees, awnings, screens, grilles,
stainvays, fire escapes, pipes, ducts, air conditioners and all other similar
equipment, attachments, extensions and their supporting members shall
be:
(a)
maintained in a state ofgood repair;
(b)
free from refuse, undesirable material and reCyclable
materia);
(c)
properly and safely anchored;
(d)
protected against deterioration and decay; and,
(e)
free from broken or missing glass.
5.4.10
Exterior doors, windows, skylights, basement hatchways, including
storm and screen doors and storm windows, shall be maintained in a state
ofgood repair and weather tight.
5.4.11
An owner shall repair or replace defective, damaged or missing hardware
or locking devices on a building.
5.4.12
Openings in exterior walls, other than doors and windows, shall be
effectively protected by suitable materials to prevent entry ofrodents,
vermin and insects unless it can be shown, to the satisfaction ofa
Property Standards Officer, that the implementation ofthis section would
adversely affectthe normal operations in a non-residential property.
5.4.13
Dilapidated. collapsed or unfinished structures and all accumulations of
refuse, undesirable material, recyclable material, wood or other objects
on a property that create an unsafe or unsightly condition shall be
removed by an owner.
5.5
ROOF STRUCTURES
5.5.1
All roofs including, but not limited to, chimneys, stacks, masts, lightnnig
arrestors or antennae shall be maintained in a state ofgood repair.
5.5.2
No roofdrainage shall be discharged on an entrance way, walkway or
stair or discharged directly onto a neighboring property, or onto any road
allowance or in such a manner that it will penetrate or damage a building
or structure.
5.6
STAIRS. HANDRAILS AND GUARDS
5.6.1
All stairs, porches, decks, landings, treads, risers or other similar
structures shall have guards or handrails which shall be maintained in a
state ofgood repair and shall be capable ofsupporting all loads to which
they might reasonably be subjected.
5.6.2
All guards and handrails shall be installed and maintained in accordance
with the Building Code so as to afford reasonabie protection against
accident or injury to any person in or on a property.
5.7
FLOORS
5.7.1
Floors and floor coverings in all buildings shall be maintained in a state
ofgood repair. and free from all warped or decayed boards, large cracks,
depressions, protrusions, deterioration or other defects.
5-7-2
Wall, floor, ceiling and roofconstruction, fire protective closures,
sprinkler systems and other means offire protection shall be maintained
in such a manner to afford the fire protective properties required by
all relevant govemment regulations. The floors ofrooms in which
plumbing fixtures are installed shall be maintained reasonably
impervious to water and in such a condition as to permit easy cleaning.
5.8
HEATING. VENTILAT10N AND MECHANICAL
5.8.1
Heating equipment, vent pipes. exhaust hoods, chimneys, smoke stacks,
flues, ducts and similar equipment shall be constructed, installed and
maintained in a state ofgood repair and shall comply with all applicable
governmental regulations
5.8.2
Where a heating system, heating equipment or any auxiliary heating unit
bums solid or liquid fuel, a receptacle for such fuel shall be provided and
maintained in a state ofgood repair and in a location so as to be free
from fire or accident hazards.
5.8.3
All piping for gas or oil fuel and all electrical connections to a heating
system shall be installed and maintained in a state ofgood repair and in
accordance with the requirements ofall applicable governmental
reaulations.
5.8.4
Fuel buming heating equipment shall be effectively connected to a
chimney or flue which leads to the exterior ofthe building in which the
equipment is installed and shall be fumished with an adequate supply of
air to ensure proper combustion ofthe fuel.
5.8.5
Every chimney, smoke-pipe, flue and gas vent in use or available for use
in a building shall be:
(a)
installed and maintained so as fo prevent the escape ofsmoke or
gasses into the building;
(b)
clear of obstructions;
(c)
freefrom openjoints:
(d)
free from broken and loose masonry;
(e)
maintained in a state of good repair; and,
(f)
plumb.
S.S.6
A prefabricated chimney or flue shall be of a type suitable for the
appliance for which it is being used and shall be kept in a state ofgood
repair, properly secured and free from fire, health and accident hazards.
5.8.7
Mechanical ventilating equipment and the supports for such equipment
shall be maintained in a state ofgood repair and in a safe mechanical
condition.
5.9
SEWAGE DISCHARGE
5.9.1
Sewage shall be discharged into a sewage system.
PART6
6.1
SUPPLEMENTARY STANDARDS FORVACANT PROPERTY
GENERAL
6.1.1
The following additional standards shall apply to vacant property:
(a)
The owner shall maintain the property in such a manner as to proiecfte
property against the risk offire, accident, or other damage.
(b)
All materials used for boarding up vacant property shall be
covered and maintained with a preservative which is similar in
color to the exterior finish ofthe building.
7.1
PART7
SUPPLEMENTARY STANDARDS FOR NON-RESEDBNTIAL PROPERT1ES
GENERAL
7.1.1
The followingadditionalstandai'dsshaUapplytBnon-residential
property:
(a)
Every owner or oceupant ofa non-residential propetty shall
maintain the property:
(i)
in a sanitary and safe condition free from litter, refuse
and debris, and shail provide containers for the disposal ofsuch litter or refuse;
(ii)
free from objects or conditions which are health, fire or
accident hazards; and,
(iii)
free from rodents, vermin, and injurious insects.
7.2
MEANS OF EGRESS
7.2.1
All means ofegress for a non-residential property shall be maintained
free from all obstructions or impediments and provided with clean, clear,
unobstructed and readily visible exit signs for every exit.
7.3
INTER10R WALLS. CE1LINGS AND FLOORS
7.3.1
Interior walls, floors and ceilings ofa non-residential property shall be
maintained:
(a)
free from health. fire, and accident hazards;
(b)
in a state of good repair and free from holes, large cracks, broken
plaster and loose or broken masonry;
(c)
in a clean and sanitary condition which is reasonable considering
the use or operation;
and,
(d)
free from craeked and bttoken glasg in door panels, glass, sei-eens
and windows.
7.3.2
Cracked broken glass in door panels, glass screens and windows as
outlined in section 7.3.1(d) shall be replaced with suitable material.
7,3.3
Glazed doors, windows and other transparent surfaces shall be kept in a
reasonably clean condition. Interior doors and door frames including
automatic door closers and all necessary hardware shall be maintained in
a state of good repair to ensure the proper operation and integrity ofthe
door.
7.3.4
All plumbing, drain pipes, water pipes and plumbing fixtures and every
connecting line to the sewage system shall:
(a)
be maintained in a state ofgood repair; and,
(b)
be free from leaks and defects.
7.3.5
Allwaterpipes,drainpipesandappunenaBcesfhe(etoshallbepreteeted
from freezing.
PART8
SOPPLEMENTARY STANDARDS FOR RESIDE'NTIAL RENTAL PROPERTIES
I
GENERAL
1.1
The following additional standards shall apply to any residential rental
property:
(a)
Subject to the tenant's responsibility for ordinary cleanliness of
the residential rental property. the landlord shall provide such
facilities and take such action to ensure that the residential rental
property is:
(i)
safe;
(ii)
clean;
(iii)
in astateofgood repair; and,
(iv)
fit for habitation.
(b)
The landlord shall maintain, in a state ofgood repair and in a
clean, safe condition, any facilities supplied by the
landlord and all common areas intended for the use ofthe tenants.
1.2
All repairs and maintenance ofproperty required by the standards
prescribed in this part shall be carried out in a manner accepted as good
craftsmanship in the trade concemed and with materials suitable and
sufficient for the purpose.
.1.3
Unless otherwise specified, the landlord, and not the tenant, shall be
responsible for ensuring that all ofthe provisions ofthis part are being
complied with.
8.2
LIGHT AND VENT1LATION
8.2.1
An opening in the exterior surface ofa building designed for a door,
window or skylight shall be equipped with a door. window or skylight
capable ofperforming the intended function and the landlord shall:
(a)
ensure that the doors, windows and skylights are weather tight;
(b)
refit, replace, renew, caulk and weather-strip any damaged,
decaying defective or missing doors, windows, frames, sashes,
casings, hatchways or screens;
(c)
fit the door, window or skylight with locking devices;
(d)
replace any broken or missing glass: and,
(e)
replace any defective missing hardware.
8.2.2
Exterior doors, windows, skylights, basement hatchways, fflcluding
storm and screen doors and storm windows, shall be:
(a)
maintained in a state ofgood repair by the landlordalld weatfaer
tight;
(b)
free from rotted or defective members;
(c)
free from defective or missing hardware;
(d)
free from tom, damaged or, where supplied, missing screens;
(e)
free from defective or missing weather-stripping or caulking;
(f)
free from defective storm or screen doors; and,
(g)
free from broken or missing glass.
?8.23
A window or natural ventilation is not required in a kitchen or washroom
ifelectrical lighting and mechanical means ofventilation is provided.
8.2.4
A window is not required in habitable space, other than a bedroom or
dining room, ifthere is an opening in a dividing wall to an adjoining
room and the adjoining room has a minimum of 5 percent window area
ofthe combined floorareas, and ifthe required ventilation is provided.
8.2.5
All bedrooms, living rooms and dining rooms shall have a window or a
door which contains a window that faces directly to the outside ofthe
building.
8.2.6
All habitable space shall have natural or mechanical means of ventilation.
S3..7
At the request ofa tenant, each window in a rental unit that is located
above the storey that has its floor ctosest to grade and that has its ceiling
more than 1.8 metres above grade, shalt be equipped with a safety device
to prevent any part ofthe window from opening so as to admit a sphere
greaterthan 100 millimeters in diameter, except that the window must be
capable of being opened by an adult tenant in an emergency without the
use oftools.
8.2.8
Artificial lighting shall be provided and maintained by the landlord in all
habitable space and interior common areas ofa residential rental property
to pennit safe use and passage.
8.2.9
All means ofegress for a residential rental property shall be maintained
ftee from all obstructions or impediments and provided with clean, clear,
unobstructed to every exit.
8.3
1NTERIOR WALLS
8.3.1
8.4
8.4.1
8.5
8.5.1
8.5.2
8.5.3
8.5.4
8.5.5
8.6
Interior claddings and finishes ofwalls and ceilings, including elevator
cars, shall be maintained by the landlord in a safe and sanitary condition,
in a state ofgood repair free from holes, mold, loose and broken boards,
tom, damaged, decayed, leaks, deteriorating or missing materials.
FUEL SUPPLY
Unless required to be provided by the tenant, a landlord shall ensure a
continuous and adequate supply offuel, service or utility which provides
light, heat, refrigeration, water or cooking facilities for a rental unit
occupied by a tenant, except for such reasonable period oftime as may
be required for the purpose of repair or replacement of the fue] service or
utility.
HEATING. VENT1LATION. MECHAN1CAL
Heating, ventilating and mechanical systems, including stoves, heating
appliances, fireplaces, chimneys, fans, air conditioners, pumps, filtration
and other equipment provided to supply heat, air conditioning,
ventilation or other services shall be properly maintained by the landlord
and capable ofbeing operated.
A space that contains a fuel-fired heating appliance shall have a natural
or mechanical means ofsupplying the required combustion air.
Every residentia] rental property shall have heating facilities capable of
being maintained at 20o Celsius.
A rental unit shall not be equipped with a portable heating appliance as a
primary source ofheat.
Only heating appliances approved for use by a recognized standard
testing authority shall be provided in a room used or intended for use for
sleeping purposes.
ELECTRICAL
8.6.1
A supply ofelectrical power, wiring and receptacles acceptable to the
Electrica] Safety Authority shall be provided and properly maintained by
the landlord to all habitable space and interior common areas in a
residential rental property.
8.6.2
Ifthe landlord supplies a meter for electricity for the purpose ofbilling
the tenants individually, it shall be properly maintained by the landlord
and kept accessible to tenants.
S.6.3
A kitchen shall be supplied with electrical power and shall haveoutlets
suitable for a refrigerator and a cooking appliance.
8.7
SAFETY AND SECURITY
8.7.1
Every residential rental property shall have a safe, continuous, and unobstructed
passage from every part ofthe interior to an exterior open space at stiset or grade
level.
8.7.2
All windows and exterior doors which are intended to be opened and which are
accessible from outside a rental unit or a residential rental property shal) have
hardware that makes them capable ofbeing secured.
8.7.3
At least one entrance door in a rental unit shall be capable ofbeing both secured
froin inside and locked from the outside ofthe rental unit.
8,7.4
Where provided, a vestibule door locking release and the rental unit-to-vestibule
communication system shal] be properly maintained by the landlord.
8.7.5
Parking areas that are intended to be secured, shared locker rooms and shared
storage rooms shall be provided with a door equipped with a security device which
prevents access to persons other than the landlord and tenants.
8.7.6
A mail delivery slot and other openings for deliveries that directly enter into a
rental unit shall:
(a)
be located and maintained to prevent access to the lock on the
entry door or any adjacent window; or,
(b)
be sealed, ifother facilities for delivery have been made.
8.7.7
Mailboxes provided by the landlord shall be properly maintained and be capable
of being secured.
8.8
INDOOR STORAGE OF REFUSE OR RECYCLABLE MATERIAL
8.8.1
Every residential rental property shall have suitable containers or compactors
provided by the landlord for refuse or recyclable material and shall be stored and
regularly disposed ofso as not to cause a risk to the health or safety ofany person.
The containers shall be maintained by the landlord in a clean and sanitary
condition, accessible to tenants and shall not obstruct an emergency route,
driveway or walkway.
8.9
OUTDOOR STORAGE OF REFUSE OR RECYCLABLE MATERIAL
8.9.1
Where refuse or recyclable material is permitted by an owner to be stored for
disposal outside of the enclosed walls of a building, the refuse or recyclable
material shall:
(a)
be stored in a container suitable for such a purpose and in a
manner that does not attract pests or create a health or safety
hazard due to the nature ofthe storage or through deterioration
or misuse ofthe storage facility; and,
(b)
be maintained in a clean, sanitary or odor controlled conditiOA.
8.10
PEST PREVENTION
8.10.1
Every residential rental property shall be kept free ofrodents, vermin and insects
at all times, and methods used for extenninating rodents and insects shall be in
accordance with any applicable legislation.
8.10.2
Openings and holes in a building containing rental units, including chimneys,
windows, doors, vents, holes for pipes and electrical fixtures, cracks and floor
drains that might permit the entry ofrodents, vermin, insects, birds or other pests
shall be screened or sealed as appropriate.
8.11
MISCELLANEOUS
8.11.1
Every rental unit shall contain at least the following:
(a)
a toilet;
(b)
a kitchen sink;
(c)
a washbasin; and,
(d)
a bathtub or shower or a combination thereof.
8.11.2
A washroom in a rental unit shall be an enclosed space and sliall have:
(a)
a water-resistant floor;
(b)
water resistant walls in a tub surround and a shower;
(c)
a door which can be secured from the inside and can be opeued
from the outside in an emergency;
and,
(d)
an artificial light fixture which is maintained.
&.11.3
No toilet or urinal shall be located in a room used for or inteniied to be usedfCT
sleeping or preparing or consuming or storing food.
8.11.4
Hot water shall be provided to a sink, basin, bathtub and shower by safe equipment
operated to provide water at a temperature ofnot less that 43o Celsius.
8.11.5
An adequate and safe supply of potable water shall be provided at all times.
8.11.6
A residential rental property shall be insulated to minimize heat loss, air infiltration
and moisture condensation on the interior surfaces ofthe walls, ceiling and floor.
8.11.7
Piped plumbing and drainage systems and appurtenances in a residential rental
property shall be maintained free from
leaks, defects or obstructions and
adequately protected from freezing.
8.11.8
All appliances such as refrigerators or cooking stoves supplied by the landlord shall
be maintained in a state ofgood repair and good working order by the landlord.
8<11.9
Locker and storage rooms shall be kept free of dampness, mold or mildew by the
landlord.
^.11.10 Elevators intended for use by the tenant shall be properly maintained by the
landlord in accordance with the regulations under Technical Standards and Safety
Act, 2000, S.O. 2000, c. 16, as amended, and kept in operation except for such
reasonable time as may be required to repair or replace them.
PART9
DEMOLITION
9.1
DEMOLITION
9.1.2
Where a building, accessory building, fence or other structure on a property is
demolished, the site shall be cleared ofall undesirable material, brush, recyclable
material and unsightly storage and left in a graded and levelled condition within
thirty (30) days.
PART 10
10.1
DAMAGE BY FIRE, STORM OR OTHER CAUSES
DAMAGE BY FIRE. STORM OR OTHER CAUSES
10.1.1
Subject to the provisions ofPart 10 ofthis by-law, ifa buildingor strueture is
damaged by fire, a storm or by another cause:
(a)
immediate steps shall be taken to prevent or remove a condition
which might endanger persons in, on or near the property, building or structure:
(b)
the aforesaid building or structure shall be properly supported and
barricaded until the necessary demolition or repair can be carried out;
and,
(c)
the
aforesaid
building
or
structure
shall
be
demolished
or
repaired.
PART 11
ENFORCEMENT
11.1
POWERSOF ENTRY
11.1.1
A Property Standards Officer may, upon producing proper identification, enter
upon any property at any reasonable time without a warrant for the purpose of
inspecting the property to detennine:
(a)
whether the property conforms with the standards prescribed in this by-
law; or whether an Order made under the Act has been complied with.
11.1.2
For the purposes of an inspection, and in accordance with s. 15.8 ofthe Act, a
Property Standards Officer may:
(a)
require
the
production
for
inspection
of
documents
or
things,
including drawings or specifications, that may be relevant to the property or any
part thereof;
(b)
inspect and remove documents or things relevant to the property or
part
thereoffor the purpose ofmaking copies or extracts;
(c)
require information from any person conceming a matter related to
a
property or part thereof;
(d)
be accompanied by a person who has special or expert knowfedge in
relation to a property or part thereof;
(e)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary
for the purposes ofthe inspection;
and,
(f)
order the owner ofthe property to take and supply at the owner's
expense such tests and samples as are specified in the Order.
11.1.3
The Municipality shall charge the owner of a property a fee to conduct an
inspection if found in violation pursuant to the Municipality's current Fees and
Charges By-Law, including increased fees for multiple inspections.
11.2
ORDERS
11.2.1
A Property Standards Officer who finds that a property does not confonn to aay of
the standards prescribed in this by-law may make an order.
(a)
stating
the
municipal
address
or
the
legal
(iesGription
of the
property;
(b)
givingreasonableparticularsofthe repairsto bemadeorstating that the
site is to be cleared ofall buildings, structures, debris or refuse and left in a graded
and levelled condition;
(c)
indicating the time for complying with the terms and conditions of the
order and giving notice that, if the repair or clearance is not carried out within
that time, the Municipality may carry out the repair or clearance at the owner's
expense; and,
(d)
indicating the final date for giving notice of appeal from the order (an
-Order").
11.2.2
An Order shall be served on the owner ofthe property and such other persons
affected by it. as the Property Standards Officer determines, and a copy of the
Order may be posted on the property.
11.2.3
An Order may be registered in the proper land registry office and, upon such
registration, any person acquiring any interest in the land subsequent to the
registration ofthe Order shall be deemed to have been served with the Order on
the day on which the Order was served and, when the requirements ofthe Order
have been satisfied, the CIerk ofthe Municipality shall forthwith register in the
proper land registry office a certificate that such requirements have been satisfied,
which shall operate as a discharge ofthe Order.
11.2,4
The Municipality shall charge the owner ofa property a fee ifan Order placed on
a property is confirmed pursuant to the Municipality's current Fees and Charges
Byiaw.
11.3
APPEALS
11.3.1
An owner or occupant who has been served with an Order may appeal the Order
to the Committee (hereinafter defined) by sending a notice ofappeal by registered
mail to the secretary ofthe Committee within fourteen (14) days after being served
with the Order along with the applicable fee pursuant to the Municipality's current
Fees and Charges Bylaw.
lt.3«2 An Orderthat is not appealed within thetime referredto in section 11.3.1 shall be
deemed to be confirmed.
113.3
The Committee shall hear the appeal.
11.3.4
On an appeal, the Committee has all the powers and functions ofthe Property
Standards Officer who made the Order and the Committee may do any of the
following things if, in the Committee's opinion, doing so would maintain the
general intent and purpose of the by-law and of the official plan or poticy
statement:
(a)
confirm, modify, or rescind the Order to demolish or repair; or,
(b)
extend the time for complying with the order.
11.4
FAILURE TO COMPLY WITH AN ORDER
11.4.1
If an Order is not complied with, the Municipality may cause the pro^rty to b^
repaired, cleaned, cleared up or demolished, as the case may be.
11.4.2
For the purpose of section 11.4.1 of this by-law, employees or agents of the
Municipality may enter the property at any reasonable time, without a warrant, in
order to repair, clean, clear or demolish the property.
11.4.3
The Municipality or a person acting on its behalf is not liable to
compensate the owner, occupant or any other person by reason of
anything done by or on behalfofthe Municipality in the reasonable
exercise ofits powers undersection
1 1.4.2 ofthis by-law.
11.4.4
The Municipality shall have a lien on the land for the amount spent on
the repair, cleaning, clearing or demolition under section 11 .4.1 ofthis
by-law and the amount shall have priority lien status as described in s. 1
ofthe Municipal Act, 2001.
I ] .5
CERTIFICATE OF COMPLIANCE
11.5.1
A Property Standards Officer who, after inspecting a property, is ofthe
opinion that the property is in compliance with the standards established
by this by-law, may issue a Certificate ofCompliance to an owner who
requests one and who pays the applicable fee as set out in the
Municipality's current Fees and Charges Bylaw..
11.6
ENFORCEMENT
11.6.1
This by-law may be enforced by a Property Staadards Officer.
11.7
OFFENCES AND PENALTIES
11.7.1
A person who is found guilty of an offence under this bylaw is siibjeet to a fine
pursuant to Section 36 ofthe Building Code Act 1992.
11.7.2
Every corporation who is convicted ofan offence is liable to a maximum
fine of Fifty Thousand Dollars ($50,000.00) for the first offence and One
Hundred Thousand Dollars ($100,000.00) for a subsequent offence
11.7.3
In addition to the fine amounts set out in sections 11 .7.2 and 11.7.3. for
each day or part ofa day that an offence continues, the minimum fine
shall be Five Hundred Dollars ($500.00) and the maximum fine shall be
Ten Thousand Dollars ($10,000.00). The total ofall daily fines for the
offence is not limited to One Hundred Thousand Dollars ($100,000.00)
12.
PART12
PROPERTY STANDARDS COMMITTEE
PROPERTY STANDARDS COMMITTEE
12.1.1
ACommittee is hereby established to hear appeals ofOrders, in
accordance with s. 15.6.1 ofthe Act (the "Committee").
12.1.2
The Committee shall be composed ofsuch persons, not fewerthan three
(3), as Council considers advisable.
12.1.3
The members ofthe Committee shall hold office for four (4) years
concurrent with the term ofCouncil. When a vacancy occurs in the
membership ofthe Committee, Council shall forthwith fill the vacancy.
12.1.4
The members ofthe Committee shall be paid such compensation as the
Council may provide.
12.1.5
The members ofthe Committee shall elect a Chair from among
themselves. When the Chair is absent through illness or otherwise, ttte
Committee may appoint another member as acting Chair.
12.1.6
A majority ofthe members ofthe Committee constitutes a quorum for
transacting the Committee's business.
12.1.7
The membersoftheCommitteeshall provide for a Secretary for the
Committee.
12.1.8
The Secretary ofthe Committee shall keep on file the records ofall
official business ofthe Committee, including records ofall applications
and minutes ofall decisions respecting those applications.
12.1.9
The Comminee may adopt its own rules of procedure and any member of
the Committee may administer oaths.
12.1.10 The Committee shall give notice or direct that notice be given ofthe hearing ofan
appeal to such persons as the Committee considers advisable.
PART 13
EFFECT
13.1
SEVERABILITY
13.1.1
Ifa Court ofcompetentjurisdiction should declare any section or part of
a section ofthis by-law to be invalid, such section or part ofa section
shall not be construed as having persuaded or influenced Council to pass
the remainder ofthis by-law and it is hereby declared that the remainder
ofthis by-law shall be valid and shall remain in full force and effect.
13.2
SHORT T1TLE
13.2.1
Thi&by-law may be referred to as the "Property Standards By-Law".
13.3
COMING 1NTO FORCE
13.3.1
This by-law shall come into force onthedMeofitspassagebyCouneil
13.3.2
By-law #15-2014 is hereby repealed.
Read a F1RST and SECOND time this 18th day of August, 2020.
Read a THIRD time and FINALLY PASSED this 18th day ofAu
or. Jani^ H^ffer
(.<rf^*-
[erk, TrevSFHallam