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The Corporation of the
Town of New Tecumseth
By-law 2019-164
(Consolidated - as amended)
Property Standards By-law
A by-law to prescribe standards for the maintenance
and occupancy of property within the Town of New
Tecumseth and the Property Standards Committee
Procedures.
Consolidation
Amendment No. 1
By-law No. 2020-044
May 11, 2020
Amendment No. 2
By-law No. 2026-059
June 29, 2026
Disclaimer:
The following consolidation is an electronic reproduction made available for information only. It is not an official version
of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The
Town of New Tecumseth does not warrant the accuracy of this electronic version.
This consolidation cannot be distributed or used for commercial purposes. It may be used for other purposes, only if you
repeat this disclaimer. Official versions of all By-laws can be obtained from the Town's Administration Department by
calling (705) 435-6219.
E&OE
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
THE CORPORATION OF THE TOWN OF
NEW TECUMSETH
BY-LAW
Number 2019-164
"PROPERTY STANDARDS BY-LAW"
A by-law to prescribe standards for the maintenance and occupancy of property within the Town
of New Tecumseth and the Property Standards Committee Procedures
_____________________________________________________________________________
WHEREAS Section 15.1(3) of the Building Code Act, S.O. 1992, C.23, as amended,
authorizes the Council of a municipality to pass a by-law to prescribe 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 of such property that does not conform with the
standards and for requiring property that does not conform with the standards to be repaired and
maintained to conform with the standards or the site to be cleared of all buildings, structures,
refuse or debris and left in graded and levelled condition;
AND WHEREAS the Official Plan for the Town of New Tecumseth includes provisions
relating to property conditions;
AND WHEREAS the Council of the Corporation of the Town of New Tecumseth deems it
expedient to repeal by-law 94-23, 95-20 and enact By-law 2019-164, being the Property
Standards By-law of the Town;
AND WHEREAS Section 15.6(1) of the Building Code Act S.O. 1992, c.23 requires that a
By-law passed under section 15.1(3) of the Building Code Act S.O. 1992, c.23 shall provide for
the establishment of a Property Standards Committee;
NOW THEREFORE the Council of The Corporation of the Town of New Tecumseth does hereby
enact as follows:
1. INDEX
1.
Index
2.
Short Title
3.
Definitions
4.
Scope
PART I - GENERAL MAINTENANCE OF YARDS, PROPERTIES AND PARKING AREAS
5.
Yards
6.
Outdoor Storage of Material - No Immediate Use
7.
Garbage Receptacles
8.
Garbage Chutes, Rooms, Containers
9.
Landscaping
10.
Ground Cover and Erosion Control
11.
Drainage and Sewage
12.
Walkways, Driveways and Yards
13.
Parking Lots
14.
Recreational Areas
15.
Signs
16.
Exterior Lighting
17.
Buffering
18.
Fences and Retaining Walls
19.
Wells, Cistern, Cesspool, Privy Vault, Pit or Excavation
20.
Accessory Buildings
OFFICE CONSOLIDATION
Current to Amendment No. 1
By-law No. 2020-044, May 11, 2020
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
PART 2- GENERAL MAINTENANCE OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND
INSTITUTIONAL USES
21.
Structural Adequacy - Capacity
22.
Foundation Walls - Basements
23.
Exterior Walls
24.
Roofs
25.
Graffiti
26.
Exterior Doors and Windows
27.
Vacant Buildings
28.
Dampness
29.
Interior Structure
30.
Walls and Ceilings
31.
Floors
32.
Stairs, Porches and Handrails
33.
Egress
34.
Elevators
35.
Heating Systems
36.
Air Conditioning
37.
Electrical Services
38.
Lighting
39.
Ventilation
40.
Plumbing
41.
Toilet and Bathroom Facilities
42.
Kitchen
43.
Water
44.
Occupancy
PART 3 - ADMINISTRATION
45.
Property Standards Committee
46.
Penalty for Non-Compliance
47.
Validity
48.
Service Fees
49.
Inspection and Entry
50.
Order
51.
Date of Service
52.
Emergency Order Re: Dangerous non-conformity with Standards
53.
Power of the Town to Repair, Demolish
54.
Issuance of Certificate of Compliance
55.
Obstruction
56.
Repeal
57.
Effective Date
2.
SHORT TITLE
2.1.
This By-law may be referred to as the "PROPERTY STANDARDS BY-LAW".
3.
DEFINITIONS
3.1.
All words used in this by-law shall be interpreted as defined in this by-law. Where
definitions are not provided herein, the words shall be defined as provided firstly in the
most current editions of the Building Code Act and the Ontario Building Code. Finally, any
remaining words shall be as defined in the Concise English Oxford Dictionary in the
context of the by-law application.
3.2.
In this By-law;
a) "Accessory Building" means a building or structure, not used for human habitation, subordinate to a
main building or structure which is exclusively devoted to the principal use of the property and shall
include garages, sheds, barns, and similar storage facilities.
b) "Bathroom" means a room which shall contain a water closet and basin and may contain bathtub
and/or shower.
c) "Building" means a structure consisting of a wall, roof, and floor or any of them or a structural system
serving the function thereof and may include plumbing.
d) "Building Code" means the Ontario Building Code Act, S.O. 1992, c.23.
e) "Committee" means a Property Standards Committee established under section 15.6 of the Building
Code Act, S.O. 1992, C.23
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
f)
"Dwelling" shall mean a building or structure or part of a building or structure occupied or capable of
being occupied in whole or in part for the purposes of residential occupancy and includes the land and
premises appurtenant thereto and all outbuildings, fences or erectors thereon or therein.
g) "Dwelling Unit" shall mean a suite operated as a housekeeping unit, used or intended to be used as a
domicile by one or more persons and usually containing, eating, living, sleeping and sanitary facilities.
h) "Electrical Safety Code" means the Electrical Safety Code administered by the Electrical Safety
Authority pursuant to the Electricity Act, 1998.
i)
"Habitable Room" means a room or area used or intended to be used for living, or sleeping, or cooking
or eating purposes.
j)
"Maintain" shall mean the preservation and keeping in good repair. Maintenance and maintained shall
have the same meaning.
k) "Multiple Dwelling" shall mean a building containing two or more dwelling units.
l)
"Non-Habitable Room" means a room other than a habitable room in a dwelling or dwelling unit, and
includes a bathroom, laundry room, boiler room, furnace room, pantry, closet, storage room, corridor,
foyer, stairway, lobby or recreation room.
m) "Non-Residential Property" shall mean a building or structure not occupied or capable of being
occupied in whole or in part for residential occupancy and includes the lands and premises appurtenant
thereto.
n) "Officer" means a Property Standards Officer who has been assigned the responsibility of
administering and enforcing this by-law.
o) "Occupancy" shall mean the use or intended use of a building or part thereof for the shelter or support
of persons, animals or property.
p) "Occupant" means a person or persons over the age of 18 years in possession of the property
q) "Order" means a Property Standards Order issued pursuant to section 50 of this bylaw.
r)
"Owner" includes the person for the time being maintaining or receiving the rent of land or the premises
in connection with which the word is used, whether on the person's own account or as agent or trustee
of any other person, or who would receive the rent if the land and premises were let and shall also
include a lessee or occupant of the property who, under the terms of a lease, is required to repair or
maintain the property in accordance with the standards for the maintenance and occupancy of property.
s) "Person" means and includes any person, firm, partnership, corporation, company, association, or
organization of any kind.
t)
"Plumbing" means a drainage system, a venting system and a water system or parts thereof.
u) "Principal Use" shall mean the main use to which the premises are devoted and the main purpose for
which the premises exist.
v) "Property" means a building or structure or part of a building or structure and includes lands and
premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings,
and erections thereon whether heretofore or hereafter erected and includes vacant property
w) "Property Standards Committee" shall mean the Property Standards Committee established pursuant
to Section 15.6 of the Building Code Act.
x) "Refuse and/or Debris" means any article, thing, matter, substance or effluent that: has been cast
aside, discharged or abandoned, or is discarded from its usual and intended use, or is used up, in whole
or in part, or expanded or worn out in whole or in part; and shall include domestic waste and industrial
waste, and that domestic waste and/or industrial waste does not cease to be refuse by reason that it
may be commercially saleable or recyclable;
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
y) "Repair" includes the provision of such facilities, the making of additions or alterations or the taking of
any other actions that may be required so that a property conforms to the standards established in this
by-law.
z) Residential Occupancy shall mean the occupancy or use of a building or part thereof by persons for
whom sleeping accommodation is provided but who are not harboured or detained to receive medical
care or treatment or are not involuntarily detained.
aa) "Residential Property" shall mean any property that is used or designed for residential occupancy, and
includes any land or buildings that are appurtenant to such occupancy, and all yards, landscaping,
steps, walks, driveways, parking spaces and fences associated with the occupancy.
bb) "Roomer or Lodger" shall mean a person harboured, received or lodged, in a lodging house or
boarding home in return for compensation.
cc) "Sewage" shall mean any liquid waste containing animal, vegetable or mineral matter in suspension or
solution but does not include roof water or other storm run-off.
dd) "Sewerage System" shall mean the Town sanitary sewerage system or a private sewage disposal
system approved by the Town.
ee) "Site Plan Agreement" means an agreement approved by Council that ensures conformity to the
Town's Zoning By-law and other appropriate By-laws and regulations, ensure that development is
consistent with the Town's Urban Design Guidelines and is compatible with the natural environment of
the surrounding area and to ensure the Town of New Tecumseth Technical & Submission Guidelines
(Engineering, Planning, Recreation, Fire, Building, Public Works are satisfied.
ff) "Standards" shall mean the standards of physical conditions and occupancy set out in this by-law.
gg) "Town" means the Corporation of the Town of New Tecumseth.
hh) "Wall" shall mean the solid vertical structure forming any one of the sides of a building and/or a partition
forming the side of a room.
ii) "Weed Control Act" means Weed Control Act, R.S.O. 1990, c. W.5 administered by the area weed
inspector, district weed inspector or municipal weed inspector.
jj) "Wrecked, dismantled, inoperative" means a vehicle or trailer which is inoperative, discarded, unused
or unlicensed except in an establishment licensed or authorized to conduct and operate such a business
and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of
character with the surrounding environment;
kk) "Yard" means the land other than publicly owned land, around and appurtenant to the whole or any part
of a property and used or intended to be used or capable of being used in connection with the property.
4.
SCOPE
4.1.
That this by-law applies to all property in the Town.
4.2.
The standards prescribed in this by-law are adopted as the minimum standards for
property within the Town.
4.3.
No person, being an owner or occupant of property, shall fail to maintain the property in
conformity with the standards required in this by-law.
4.4.
The owner of any property which does not conform to the standards of this by-law shall
repair and maintain the property to conform to the standards, or shall clear the land of all
buildings, structures, refuse, debris and leave the property in a graded and levelled
condition.
4.5.
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
and where applicable, shall conform to the Ontario Building Code.
4.6.
Any provincial or federal regulation that imposes a higher maintenance standard shall
supersede this by-law.
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
PART I - GENERAL MAINTENANCE OF YARDS, PROPERTIES AND PARKING AREAS
5.
YARDS
5.1.
All property and yards shall be kept clear and free from refuse and/or debris or conditions
that create or might create a health, fire or accident hazard.
5.2.
All property yards shall be graded in a manner satisfactory to the officer to prevent
hazardous conditions.
5.3.
Without restricting the generality of Section 5.2, 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, or bushes and hedges, or limbs thereof, which are dead, decayed or
damaged;
(d)
noxious weeds pursuant to the Weed Control Act or any local weed list and
any excessive growth of other weeds, grass, and brush;
(e)
wrecked, dismantled, inoperative, discarded or unlicensed vehicles, trailers,
machinery or parts thereof, except in an established licensed or authorized
salvage, wrecking or repair business and then only if the establishment
conforms with any relevant By-laws, statues;
(f)
dilapidated or collapsed buildings, or structures, or erections, or any other
unsafe condition;
(g)
holes, excavations or wells that might create an unsafe condition.
6. Outdoor Storage of Materials - No immediate use
6.1.
No machinery or parts thereof, or other objects, 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,
glass, and metal, other than that intended for the immediate use on the property, shall
be stored or allowed to remain in the exterior property area.
7. Garbage Receptacle
7.1.
Every building shall be provided with sufficient proper receptacles to contain all garbage
and waste which accumulates on the property. Garbage and rubbish shall be promptly
stored in receptacles and made available for removal in accordance with the County of
Simcoe collection by-laws and all amendments thereto.
7.2.
Where private containerized garbage pick-up is provided, such containers shall be placed
as per the Site Plan Agreement or where there is no Site Plan Agreement, behind the
building line (where possible) and kept in a neat and tidy condition.
8. Garbage Chutes, Rooms, Containers
8.1.
Garbage chutes, disposal and collection rooms, containers and receptacles shall be
washed down, disinfected and maintained to be clean, odour free and in good working
order.
9. Landscaping
9.1.
Grass, trees, bushes, hedges and other landscaping shall be maintained to prevent an
unsightly condition or unreasonable overgrowth in relation to the neighbouring
environment.
9.2.
Hedges, trees or other landscaping, required by the Town as a condition of Site Plan
Agreement shall be maintained in a living condition or shall be replaced with equivalent
landscaping, so as to carry out their intended function, and to prevent an unsightly
condition.
10. Ground Cover and Erosion Control
10.1. Suitable ground cover shall be provided and maintained to prevent erosion of the soil so
as to be in harmony with the neighbouring environment. Where grass forms part of the
ground cover, it shall be reseeded or resodded as often as is required to maintain the
grass in living condition.
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
11. Drainage and Sewage
11.1. All property with a drainage system shall be kept in good repair so as to prevent any unsafe
condition.
11.2. No roof drainage, storm water drainage, sump pump discharge, or discharge from a
swimming pool shall be directed or discharged directly onto a sidewalk, street, boulevard,
stair or neighbour's property.
11.3. Storm water and pumped discharge water shall be drained from the yard so as to prevent
reoccurring ponding or the entrance of water into a building.
11.4. Sewage waste shall be discharged into a sewage system.
12. Walkways, Driveways and Yards
12.1. Walkways, driveways and yards shall be maintained in a safe condition free from ruts,
holes, garbage, waste and provide safe passage under normal use and weather
conditions, day or night.
13. Parking Lots
13.1. 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 shall be kept
free and clear of litter, or refuse and/or debris or damaged trees, branches and limbs, or
pot holes or conditions that might create a health, fire or accident hazard.
14. Recreational Areas
14.1. Recreational areas shall be well kept, and equipment provided in connection therewith
shall be safe and operable.
15. Signs
15.1. Signs and sign structures shall be maintained so as not to cause an unsafe or unsightly
condition.
16. Exterior Lighting
16.1. In yards of multiple dwellings and non-residential buildings, sufficient lighting of the exterior
property area shall be provided so as to minimize any danger to persons using driveways,
walkways, stairs, exit and entrances to buildings.
16.2. All underground parking areas and common areas shall be illuminated so as to minimize
any danger to persons.
16.3. Artificial light fixtures shall be maintained in a state of good repair.
17. Buffering
17.1. Properties which, because of their use or occupancy, or for other reasons, create a
nuisance to adjacent properties or to the neighbourhood or to the users of streets or parks
shall be buffered from such adjacent properties or public areas so as to minimize the effect
of the nuisance. Without limiting the forgoing, such buffering shall include:
17.2. The provisions and maintenance of an effective barrier to prevent lighting and vehicle
headlights from shining directly into a dwelling;
17.3. The provision and maintenance of an effective barrier to prevent wind-blown waste,
wrappings, debris and the like from encroaching on adjacent properties;
17.4. The provision and maintenance of a visual screen, appropriate to the nature of the
adjacent uses, to minimize the visual impact adjacent to the property.
18. Fences and Retaining Walls
18.1. Fences and retaining walls shall be kept in good repair so as to prevent an unsafe
condition.
19. Wells, Cistern, Cesspool, Privy Vault, Pit or Excavation
19.1. 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, whereupon it shall be
sealed or secured as required.
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
20. Accessory Buildings
20.1. The foundation, walls, roof, and all parts of an accessory building and other structures
appurtenant to the principle building shall be:
(a)
Constructed with suitable material;
(b)
Maintained in good repair;
(c)
Protected from deterioration with application of suitable protective material.
PART 2- GENERAL MAINTENANCE OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL AND
INSTITUTIONAL USES
21. Structural Adequacy - Capacity
21.1. 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 with the materials suitable and sufficient for its purpose.
21.2. Every part of a property shall be maintained in good repair and in a structurally sound
condition as follows:
(a)
To be capable of sustaining safely its own weight and any additional load to which
it may normally be subject to;
(b)
To be capable of safely accommodating all normal structural movements without
damage, decay or deterioration;
(c)
To prevent the entry of moisture that could contribute to damage, decay or
deterioration; and
(d)
To be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
22. Foundation Walls - Basements
22.1. All foundation walls and the basement, cellar or crawl space floors shall be maintained in
good repair and structurally sound.
22.2. Every basement, cellar or crawl space in a property shall be maintained in a reasonably
watertight condition so to prevent the leakage of water into the building.
23. Exterior Walls
23.1. The exterior walls and their components, including eavestroughs, downspouts, soffits, and
fascias, shall be maintained in good repair so as to prevent their deterioration due to
weather or wear, and shall be maintained including painting, restoring, cleaning repairing
or waterproofing as necessary; and
23.2. Exterior walls shall be maintained in good repair free from cracked or broken masonry
units, defective or deteriorated wood or metal siding or trim, cracked, broken or loose
stucco, loose or unsecured objects.
24. Roofs
24.1. Every Roof and all its components shall be maintained in good repair and in a safe and
structurally sound condition so as to prevent leakage of water into the building.
24.2. All canopies, awnings, air conditioners and other similar overhang extensions shall be
maintained in good repair, properly anchored and protected from rust.
24.3. Every chimney, smoke or vent stack and other roof component shall be maintained in
good repair.
24.4. Without limiting the generality of this section, maintenance includes:
(a)
Removal of loose, unsecured or rusted objects or materials;
(b)
Removal of potentially dangerous accumulations of snow or ice;
(c)
Keeping roofs and chimneys in water-tight condition so to prevent leakage of water
into the building; and
(d)
Keeping all roof-related structures plumb unless specifically designed to be other
than vertical.
25. Graffiti
25.1. Appropriate measures shall be taken to remove objectionable markings, stains or
other defacements occurring on all property and whereas necessary, to restore the
surface as near as possible, to its original conditions.
By-law No. 2019-0164 - Property Standards
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26. Exterior Doors and Windows
26.1. All exterior openings shall be fitted with doors or windows.
26.2. Windows, exterior doors and basement or cellar hatchways shall be maintained in good
repair so as to prevent the entrance of wind and rain into a dwelling.
26.3. Rotted or damaged doors, door frames, window frames, sashes and casings, weather
stripping, broken glass and missing or defective door and window hardware shall be
repaired or replaced.
27. Vacant Buildings
27.1. For the purpose of this section "Derelict" shall mean: any building that is vacant and
has experienced structural failure in whole or in part."
27.2. For the purpose of maintenance of vacant buildings, all provisions within this By-law
which regulate interior conditions of a building shall not apply. All provisions within
this By-law which regulate exterior conditions and structural integrity shall apply with
the exception of section 26 and 33 when the building's exterior openings are boarded in
accordance with this By-law.
27.3. Notwithstanding all other provisions of this By-law the additional sections below shall
apply to all vacant buildings.
27.4. If any building is unoccupied, the owner 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.
27.5. If the normal locking of and other security measures for a building do not prevent entry,
the owner or their agent of a vacant building shall board up the building on the direction of
the Property Standards Officer, to the satisfaction of the Property Standards Officer by
covering any openings through which entry may be obtained with at least 12.7mm (1/2
inch) weatherproof sheet plywood securely fastened to the building and painted a colour
compatible to the surrounding walls.
27.6. If the building remains vacant for a period of more than ninety (90) days, the owner 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.
27.7. If a vacant building becomes derelict as defined in this By-law, the owner or their agent
shall bring the building into compliance with all structural and exterior maintenance
provisions of this By-law or such building shall be demolished in accordance with the
Building Code Act.
28. Dampness
28.1. The interior floors, ceilings and walls shall be kept free from dampness arising from the
entrance of moisture through an exterior wall or a roof, or through a basement or crawl
space floor.
29. Interior Structure
29.1. 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 subject.
30. Walls and Ceilings
30.1. Every interior wall and ceiling finish shall be maintained in good repair, free of holes, loose
coverings or other defects which would permit flame or excessive heat to enter a
concealed space.
30.2. Where dwelling units are separated vertically, the divided walls shall comply with
the Ontario Building Code.
31. Floors
31.1. Every floor shall be maintained free of loose, protruding, or broken flooring materials that
may create an unsafe condition. Defective floors shall be repaired or replaced.
31.2. Every basement shall:
(a)
Have a floor of concrete masonry or other acceptable material; and
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
(b)
Where a floor drain is necessary, it shall be located at the lowest part of
(c)
Notwithstanding subsections 'a' and 'b', if the basement or crawl space are not
served by a stairway leading from the building or from outside the building, it may
have a dirt floor provided it is covered with a moisture proof covering.
32. Stairs, Porches, and Handrails
32.1. Every inside and outside stair and every porch landing appurtenant to it shall be
maintained free from defects that constitute an unsafe condition.
32.2. All handrail and balustrades, stairways, fire escapes, balconies, landings, porches
and similar appurtenances shall be:
(a)
maintained in good repair so as to be free of holes and other defects which
constitute accident hazards;
(b)
properly anchored so as to be kept in a safe and secure condition;
(c)
structurally sound for the loads imposed through their normal use; and if metal, shall
be protected from rust or similar decay by periodic application of paint.
32.3. Handrails shall be installed and maintained in good repair on all exterior stairs that have
more than 3 raisers and on all interior stairs within dwelling units that have more than 2
risers.
33. Egress
33.1. Every building, structure or dwelling 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.
33.2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept
free of ice and snow.
33.3. The passage required as egress from one dwelling unit shall not pass through
another dwelling unit.
34. Elevators
34.1. Elevators, hoists, lifts, moving stairs and walkways shall be installed and maintained in
good repair and operational.
35. Heating Systems
35.1. Every dwelling shall have a heating system capable of maintaining a room temperature of
at least 20o C at 1.5 m (4ft 11in) above floor level and 1 m (3ft 4in) from the exterior wall
in all habitable rooms, bathrooms and washrooms.
35.2. All heating appliances or devices shall be installed and located in accordance with
the manufacturer's specifications and shall be in a state of good working order.
35.3. A space which contains a heating unit shall have natural or mechanical means of
supplying sufficient combustion air.
35.4. Auxiliary heating equipment shall not be used as a primary source of heat.
35.5. Solid or liquid fuel burning appliances shall conform to the standards as set out in
the Ontario Building Code. Such appliances shall be connected to an approved
chimney, or vent or flue and shall be installed so as to not create a fire hazard.
35.6. Fuel burning equipment shall be vented by means of rigid connections leading to a
chimney, or vent or flue. All flues shall be kept clear or obstructions.
35.7. Every chimney, smoke pipe and flue shall be maintained so as to prevent gas from
leaking into the building.
36. Air Conditioning
36.1. Where provided, air conditioners shall be equipped with adequate devices to prevent
condensation or water from draining onto entrance areas, sidewalks, pathways or other
areas used for pedestrian or vehicular traffic.
36.2. Where provided, air condition shall be maintained in a safe mechanical and electrical
condition.
By-law No. 2019-0164 - Property Standards
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37. Electrical Services
37.1. Electrical Installations, including the service capacity of the installations and the
number and distributions of circuits, shall conform to the Ontario Electrical Safety
Code.
37.2. Electrical wiring and all electrical fixtures located or used in any building shall conform
to the requirements of the Building Code and all applicable regulations and
shall
be
maintained in good working order.
37.3. Every Dwelling or Dwelling Unit shall be wired for electricity and shall be
connected to an Electrical Safety Code approved electrical supply system.
37.4. Every habitable room within a dwelling or dwelling unit shall have at least one duplex
electrical outlet in good working order:
(a)
for the first 11.15 square metres (120 square feet) or less of floor area; and
(b)
for each additional 9.3 square metres (100 square feet) or less of floor area.
(c)
Where provided, service equipment and appliances such as stoves, refrigerators,
washers and dryers and their components shall be maintained in a state of good
repair.
38. Lighting
38.1. All habitable rooms shall have artificial lighting fixtures to the level required by the
Building Code.
38.2. Windows or skylights or electrical lighting fixtures shall be provided and maintained in
order to illuminate all passageways and stairways provided for use in case of fire
or other emergency as required by the Building Code.
38.3. Every habitable room in a dwelling or dwelling unit shall contain a window or skylight that
complies with the Building Code.
39. Ventilation
39.1. Ventilation shall be provided to all rooms within a building so to prevent
accumulation of heat, dust, fumes or gases including carbon monoxide, vapours
other contaminants which may create a fire, explosion, toxic hazard or health hazard.
39.2. Every bathroom or room containing a water closet, shall be provided with adequate
ventilation.
39.3. When an exterior opening is used or required for ventilation and it not required to be
protected by a door, window or similar closure, it shall be protected with a fitted
screen.
39.4. All systems of mechanical ventilation or air conditioning shall be maintained in good
working order.
40. Plumbing
40.1. All plumbing, drainpipes, water pipes and plumbing fixtures in every building or
structure and every connecting line to the sewage system shall be maintained in
good working order and be protected from freezing.
41. Toilet and Bathroom Facilities
41.1. Every commercial, institutional and industrial building shall contain plumbing fixtures
in
accordance with the appropriate Provincial legislation,
41.2. No facilities for food preparation, or cooking, or storage, or consumption of food or
for sleeping shall be within a room that contains a water closet.
41.3. Every dwelling shall contain plumbing fixtures consistent of at least:
(a)
a water closet
(b)
a kitchen sink
(c)
a wash basin and
(d)
a bathtub or shower
42 Kitchen
42.1. Every kitchen area shall be equipped with a sink, storage facilities, countertop work
area and adequate space shall be provided for stove and refrigerator.
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43 Water
43.1. Every dwelling, dwelling unit, commercial, institutional, or industrial buildings
shall be provided with an adequate supply of potable water.
43.2. Every sink, wash basin, bathtub and shower required by this by-law shall have an
adequate supply of hot and cold running water.
43.3. All hot water shall be supplied at a temperature of between 45°C and 49°C.
43.4. Notwithstanding Section 43.2, the provisions of hot running water shall not apply to
dwellings or dwelling units used as seasonal cottages.
44 Occupancy
44.1. No Person shall use or permit the use of a non-habitable room in a dwelling for a
habitable space.
PART 3 ADMINISTRATION
45 Property Standards Committee
45.1. A Property Standards Committee shall be appointed by Council as follows:
(a)
shall consist of five resident Town of New Tecumseth ratepayers; and
(b)
shall serve a term that does not exceed the term of Council or until a new
Committee is appointed.
45.2. The Property Standards Committee shall follow the Rules of Procedure as outlined in
Appendix "A" of this By-law.
46 Penalty for Non-Compliance
46.1. Any person who fails to comply with an Order that is final and binding is guilty of an offence
and upon conviction is liable to a fine pursuant to the Building Code.
47 Validity
47.1. If any section of this By-law be declared by a Court of competent jurisdiction to be ultra
vires or illegal for any reason, the remaining parts shall nevertheless remain valid and
binding, and shall be read as if the offending section or part had been struck out.
48 Service Fees
48.1. That the municipal fees for the administration and enforcement of this by-law be in
accordance with the Town's Fees and Charges By-law and any revisions thereto.
49 Inspection and Entry
49.1. Where a by-law under section 15.1 of the Building Code is in effect, an 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 determine:
(a)
Whether the property conforms with the standards prescribed in the by-law; or
(b)
Whether an Order made under subsection 15.2 (2) of Building Code has been
complied with.
49.2. Despite section 49.1, an Officer shall not enter or remain in any room or place actually
being used as a dwelling unit unless,
(a)
the consent of the occupier is obtained, the occupier first having been informed that
the right of entry may be refused, and entry made only under the authority of a
warrant issued under the Building Code Act;
(b)
a warrant issued under the Building Code Act is obtained;
(c)
the delay necessary to obtain a warrant or the consent of the occupier would result
in an immediate danger to the health or safety of any person;
(d)
the entry is necessary to terminate a danger under the Building Code for
Emergency Orders;
(e)
the requirements of the Notice being served under the Building Code Act are met
and the entry is necessary to remove a building, restore a site, remove an unsafe
condition, repair or demolish under the provisions of the Building Code Act.
50 Order
50.1. An Officer who finds that a property does not conform to the standards prescribed in this
By-law passed shall make an Order:
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(a)
stating the municipal address or the legal description of the property;
(b)
giving reasonable particulars of the repairs to be made or stating that the site is to
be cleared of all buildings, structures, refuse and/or debris 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.
50.2. A Notice or Order required by the Building Code Act to be served may be served
personally, by email to the last known email address or that person to whom service is
required to be made or by registered mail sent to the last known address of the person to
whom notice is to be given or to that person's agent for service.
50.3. If the Officer is unable to effect service under section 50 of this By-law, the Order may be
posted in a conspicuous place on the property.
51 Date of Service - Registered Mail or Email
51.1. When an Order has been served pursuant to Section 50 by a Property Standards Officer
upon any person, the date of service shall be deemed to have been made:
(a)
by registered mail, on the fifth (5th) day after the day of mailing;
(b)
by email, on the day of sending unless a circumstance exists pursuant to Section
27(3)(a) and (b) of the Building Code Act;
(c)
as otherwise provided in the Building Code Act, as amended from time to time.
52 Emergency Order Re: Dangerous Non-Conformity with Standards
52.1. If upon inspection of a property the Officer is satisfied that there is non-conformity with the
standards in a by-law passed under section 15.1 of the Building Code Act to such extent
as to pose an immediate danger to the health or safety of any person, the Officer may
make an Order containing particulars of the non-conformity and requiring remedial
repairs or other work to be carried out immediately to terminate the danger and pursue the
steps set out within Section 15.7 of the Building Code Act.
53 Power of the Town to Repair, Demolish
53.1. If the owner or occupant of property fails to repair the property or to demolish in
accordance with an Order as confirmed or modified, the Town, in addition to all other
remedies shall:
(a)
have the right to repair or demolish the property accordingly and for this purpose
with its servants and agents from time to time to enter in and upon the property;
(b)
not be liable to compensate such owner, occupant or any other persons having an
interest in the property by reason of anything done by or on behalf of the Town
under the provisions of this subsection; and
(c)
recover from the owner of the property the expense incurred by the Town for repair
or demolition by action, or in like manner as taxes pursuant to the provisions of
section 446 of the Municipal Act, 2001.
54 Issuance of Certificate of Compliance
54.1. Following the inspection of a property, the Officer may, or on the request of the owner
shall, issue to the owner a Certificate of Compliance if, in the Officer's opinion, the property
is in compliance with the standards of this by-law.
54.2. If a Certificate of Compliance is issued at the request of the owner, the owner shall pay a
fee of twenty ($20.00) dollars.
55 Obstruction
55.1. No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer in the
exercise of a power or the performance of a duty under Section 19 (1) of the Ontario
Building Code.
56 Repeal
56.1. That By-laws 94-23 and 95-20 are hereby repealed.
57 Effective Date
57.1. That this By-law shall come into force and effect on the date of passing.
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READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 23rd DAY OF
OCTOBER, 2019.
_______________________________
MAYOR
_______________________________
CLERK
By-law No. 2019-0164 - Property Standards
Office Consolidation - Town of New Tecumseth
APPENDIX "A"
The Town of New Tecumseth
Property Standards Committee
RULES OF PROCEDURE
To Govern the Proceedings of the Town
of New Tecumseth's Property Standards
Committee
BACKGROUND
The Town has had a Property Standards By-law since 1994. The By-law has continued to evolve
and requires every property owner to maintain their property and buildings in good condition.
To enforce the By-law, Town Council has approved the hiring of staff to investigate complaints and
to require substandard properties to be brought into compliance.
In accordance with the Building Code Act, S. O. 1992, c. 23 a Property Standards Officer who finds
a contravention of the By-law can issue an Order to the owner of the property and such other
persons affected by it.
An owner or occupant who has been served with an Order and who is not satisfied with the terms
or conditions of the Order may appeal to the Property Standards Committee by sending a notice of
appeal by registered mail to the Secretary of the Committee within 14 days after being served the
Order.
An Order that is not appealed within the time referred to above shall be deemed to be confirmed.
This document is intended to establish rules of procedure for the Property Standards Committee to
carry out its duties.
1.
DEFINITIONS
1.1.
In these rules, unless the context requires otherwise:
(a)
"APPELLANT" means a person appealing an Order thereof pursuant to the
By- law;
(b)
"BY-LAW " means the Property Standards By-law of the Town, as amended;
(c)
"CHAIR" means the Chair as appointed by the Committee;
(d)
"COMMITTEE" means the Town's Property Standards Committee;
(e)
"HEARING" means a hearing in any proceeding of the Committee;
(f)
"MEMBER" means a member of the Committee;
(g)
"PROCEEDING" means a matter brought before the Committee under the
provisions of the By-law or the Building Code Act S.O. 1992, C.23;
(h)
"QUORUM" means the majority of the members of the Committee are in
attendance and eligible to participate; and
(i)
"SECRETARY" means the Secretary for the Committee who is responsible for
recording all meeting proceedings and is not a voting member of the Committee.
(j)
"TOWN" means The Town of New Tecumseth;
2.
INTERPRETATION
2.1.
These rules shall receive such fair and liberal interpretation as will best ensure the
most expeditious, just and least expensive determination of every proceeding on its
merits.
2.2.
Where matters are not provided for in these rules, the practice shall be determined by
the Committee hearing the proceeding.
3.
RULES AND REGULATIONS
3.1.
The rules and regulations shall be observed in all proceedings of the Committee.
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3.2.
Every member, prior to speaking to any item on the agenda shall first be recognized
by the Chair.
3.3.
When a member is speaking, no other member shall interrupt him/her.
3.4.
Any member may require a recommendation be re-read at any time during the debate.
3.5.
Committee members shall not disclose any confidential information they may become
aware of in the conduct of their responsibility as a member of the Committee.
3.6.
Attendance - If a member is absent from Committee meetings for three consecutive regularly
scheduled meetings without the permission of the Committee, or in the opinion of the
Committee if any member's absenteeism jeopardizes the objectives of the Committee, the
Committee may request Council to appoint a replacement member.
3.7.
Where the number of members who by reason of a declared conflict of interest are disabled
from participating in a meeting and the remaining members no longer constitute a quorum,
then quorum is met provided that there are not less than two members present.
4.
APPLICATION
4.1.
These rules apply to all proceedings of the Committee in the exercise of its statutory
power of decision, as defined in the Statutory Powers Procedure Act, R.S.O. 1990,
c.S.22, as amended.
4.2.
These rules do not apply if a statute or the By-law provides for a different procedure
to govern proceedings of the Committee in the exercise of its statutory powers of
decision.
5.
FAILURE TO COMPLY
5.1.
Where a party to a proceeding has not complied in full with any rule, the Committee
may:
(a)
adjourn the proceeding until it is satisfied that such rule or order has been
complied with; or
(b)
take such other steps as it considers just and reasonable.
5.2.
No proceeding is invalid by reason only of a defect or other irregularity in form.
6.
APPEAL PERIOD
6.1.
Orders issued by a Property Standards Officer pursuant to subsections 15.2 (2) and
(3) of the Building Code Act may be served on the owner personally, by email, or by
registered mail. Where service shall be deemed to have been made on the fifth(5th)
day after the day of mail unless it can be proven to be later. Where service is by email,
the service shall be deemed to be on the day of sending unless circumstances exist
pursuant to Section 27(3)(A) and (B) of the Building Code Act.
6.2.
The appellant of the order has 14 days after being served the order to send a notice
of appeal by registered mail to the Secretary.
7.
REQUEST FOR HEARING
7.1.
Where an appellant submits a notice of appeal and requests a hearing before the
Committee, the request for a hearing shall be in writing and sent by registered mail to
the Secretary and shall include:
(a)
identification of the appellant and any other party;
(b)
the address, telephone number and, where available, email address and
facsimile number for each person identified in clause (a), and their agents, if
any;
(c)
the name, address, telephone number and, where available, email address and
facsimile number of any agent, representative, or lawyer representing the
appellant; and
(d)
whether special services or accommodations are required, including translation
services or services for the visually or hearing impaired.
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7.2.
When a notice of appeal is received by the Secretary, he/she shall confirm that the
notice was sent within the allowed appeal period. Late notices are invalid and are
disqualified.
7.3.
The Secretary shall set the time and place of a hearing after consulting with the
Committee members and the appellant(s).
All members to participate electronically and to be counted as quorum when a declaration of
emergency has been declared by the province of Ontario or the Town of New Tecumseth.
7.4.
Once a date has been set for a hearing, it may not be adjourned except by notification
of the Secretary. The reason for adjournment must be reasonable and justified.
7.5.
Notice of the hearing shall be sent by the Secretary in writing to all parties affected by
the Order at least 14 days in advance of the hearing.
7.6.
Postponement of Meetings - The Chair, in consultation with the Secretary may, due to
an emergency or inclement weather, postpone a meeting. Notice will be given by
contacting each member of the Committee and all parties affected by the Order
verbally or by sending individual emails and posting a notice on the Town's website.
8. FAILURE TO ATTEND
8.1.
Where a person is properly notified of a hearing and does not attend at the time and
place appointed, the Committee may proceed in that person's absence and without
further notice to that person.
9.
FILING
9.1.
Filing of any document, excluding the request for the appeal (see Procedure No. 7),
may be effected by personal delivery, by ordinary or registered mail or otherwise as
the Committee may order to the Secretary.
9.2.
Where a document is filed, the date of the receipt stamp on the document shall be
deemed to be the date of the filing, unless the Committee orders otherwise.
9.3.
Where the Property Standards Committee has no record of the receipt of a document
alleged to have been filed, the documents shall be deemed not to have been filed,
unless the Committee orders otherwise.
10.
SELECTING A CHAIR AND A SECRETARY
10.1. At the first meeting of the Committee's term, the members shall appoint a Chair from
among themselves. When the Chair is absent through illness or otherwise, the
Committee may appoint another member as Acting Chair.
10.2. The By-law Unit of the Clerk's Department shall provide a Secretary for the Committee.
10.3. The Secretary shall keep on file records of all official business of the Committee,
including records of all applications and minutes of all decisions respecting these
applications.
10.4. It shall be the duty of the Chair:
(a)
to open the meeting by taking the Chair and calling the members to order;
(b)
to announce the business in the order in which it is to be acted upon;
(c)
to put to vote all decisions which are moved and seconded and to announce the
result;
(d)
to decline to put to a vote decisions which infringe upon the rules of procedure;
(e)
to designate the order in which members are recognized to speak when two or more
members wish to be recognized at the same time;
(f)
to encourage the observance of order and decorum among the members and all
parties at the hearing;
(g)
to permit the meetings to proceed in an orderly and efficient manner.
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10.5. Conduct of Members, no member shall:
(a)
use offensive words against the Committee or against any member;
(b)
speak on any subject other than the subject in debate;
(c)
disobey the rules of the Committee or a decision of the Chair.
10.6. If a member persists in any such disobedience after having been called to
order by the Chair, the Chair may request that the member leave his/her seat
for the duration of the meeting, but if the member apologizes, he/she may by
majority vote, be permitted to retake his/her seat.
10.7. If a member arrives late at a meeting, any prior discussion shall not be
reviewed without the unanimous consent of all members present.
10.8. Committee members, whether they are in favour or opposed to a Committee
approved decision, shall support the position of the Committee.
11.
EXHIBITS
11.1. All parties to a hearing, particularly solicitors and agents, shall be required to
bring to the hearing a sufficient number of copies for Committee members and
opposing counsel of clear photos and/or other documents to be entered as
evidence or exhibits.
11.2. Specific types of audio visual equipment may be used. The parties shall advise the
Secretary that audio visual equipment will be needed and shall provide to the
Secretary the material in an electronic format by 4:30pm on the day prior to the
meeting date.
11.3. Correspondence intended for the Committee is generally received as public
information, subject to the Municipal Freedom of Information and Protection of
Privacy Act. The Secretary shall be advised of any confidential items, the general
nature of the confidentiality and will determine whether the item meets identified
criteria for confidential material and whether or not it will be circulated within the
public agenda.
12.
CONDUCT OF HEARINGS
12.1. Hearings will be conducted in person only.
12.2. All Hearings are open to the public.
12.3. A hearing shall be conducted in the following order of presentation, unless
the Chair directs otherwise:
(a)
The Chair shall call the h e a r i n g to order after confirming a quorum of
the Committee is present;
(b)
The Chair shall explain to those in attendance at the hearing the format
of the hearing and the specific purpose of the hearing. The Chair will
advise those present that the Committee will only be considering the
compliance and non-compliance of a property or building with respect to
the standards of the By-law, and the time granted for compliance. All
evidence is restricted to these matters. The hearing is not for
determining the resolution of any landlord and tenant disputes;
(c)
The Chair shall solicit from those Committee members in attendance at
the hearing any conflicts of pecuniary interest or other interest in any
matter on the agenda for consideration;
(d)
The Property Standards Officer may make an opening address;
(e)
An appellant may make an opening address immediately after the
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opening address of the Property Standards Officer or after the evidence
on behalf of the Property Standards Officer is concluded;
(f)
The Property Standards Officer will then present the evidence on behalf
of the Town;
(g)
When the evidence being called on behalf of the Property Standards
Officer is concluded, the appellant may then provide his or her evidence;
(h)
When the presentation of the evidence of the appellant is concluded, the
Property Standards Officer may provide any reply evidence;
(i)
After all of the evidence has been provided by all parties to the
proceeding, the Property Standards Officer may make a closing address,
followed by the closing address of the appellant, if he or she decides to
do so; and
(j)
Where there are two or more appellants, the order of presentation shall
be as directed by the Chair.
12.4. Unless these Rules provide otherwise, witnesses at a proceeding shall be
examined orally and the examination may consist of direct examination, cross-
examination and re-examination.
12.5. The Committee shall ensure that there is no undue harassment or
embarrassment of the witness as he or she is giving evidence and may
disallow a question put to the witness that is vexatious or irrelevant to any
matter that may be properly inquired into at the proceeding.
12.6. The Committee may at any time during a proceeding direct that a witness be
recalled for further examination.
12.7. Where a witness appears unwilling or unable to give answers to the questions
being posed, the Committee may permit the party calling the witness to
examine him or her by means of leading questions.
13.
COMMITTEE DECISIONS
13.1. Upon receiving all of the evidence, the Committee will render its decision on the
matter in the presence of the public, the Town of New Tecumseth representative
and/or designate and the appellant.
13.2. Every decision shall be read aloud and when moved and seconded shall be open
to discussion. The Chair may not move or second any decision but shall vote on the
decision unless prohibited to do so under any Act.
13.3. Voting on Decisions
(a)
Every member present at a meeting shall vote unless declaring a
pecuniary interest, in which case it will be recorded.
(b)
Each member present and voting shall announce or indicate his/her vote upon
the decision openly and individually and no vote shall be taken by ballot, or any
other method of secret voting.
(c)
If there is a tie vote, the decision is defeated.
(d)
If any member at a meeting does not vote, he/she shall be deemed as voting
in the negative except where a pecuniary interest has been declared.
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(e)
There shall be no recorded vote at any Committee meeting.
(f)
When the Chair calls for a vote on a decision, each member shall occupy
his/her seat and shall remain in his/her seat until the result of the vote has
been declared by the Chair.
(g)
The vote on a decision may only be called after each member who wished
to speak has spoken once.
(h)
If a member disagrees with the announcement of the Chair that a decision is
carried or lost, he/she may, but only immediately after the declaration by the
Chair, object to the Chair's declaration and request that the vote be retaken.
13.4. The Committee may decide;
(a)
to uphold the Order in whole or in part, with no additional time granted
for compliance;
(b)
to uphold the Order in whole or in part with additional time granted for all
or some of the deficiencies to be complied with;
(c)
to remove any items from the Order that have already been complied
with, or have been determined to be invalid;
(d)
to modify any items within the Order in any manner seen fit by the Committee;
(e)
to quash the Order, in whole or in part, based on any technical or
procedural error;
(f)
to defer a decision to a later date pending the receipt of additional
information from any party to the hearing; or
(g)
to reserve a decision to a later date pending further consideration by the
Committee of the evidence submitted at the hearing, at which time the
decision can be provided in writing to all parties to the hearing.
13.5. Every decision shall be read aloud and when moved and seconded, shall be
open to discussion. The Chair may not move or second any decision but shall
vote on the decision.
13.6. The Chair upon rendering the Committee's decision should inform the
appellant of their rights to appeal a decision of the Committee to a Judge of
the Superior Court of Justice pursuant to the Building Code Act.
13.7. The Secretary shall prepare a written record of the hearing including minutes of the
hearing and the decision (with conditions, if applicable).
13.8. The Secretary will arrange for the required signature(s) on the decision, prior
to mailing it to the appellant and providing a copy to the Property Standards
Officer. The Chair shall sign the decision on behalf of all Committee members
present at the hearing.
13.9. The Secretary shall send the decision to the appellant by personal service, email or
by registered mail.
14.
RIGHT TO APPEAL A COMMITTEE DECISION
14.1. The Town or any owner or occupant or person affected by a decision of the
Property Standards Committee under subsection 15.3(3.1) of the Building Code
Act, may appeal to the Superior Court of Justice by notifying the Clerk of the
Town of New Tecumseth in writing and by applying to the court within 14 days
after a copy of the decision is sent.
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15.
ORDER CONFIRMATION
15.1. An Order that is deemed to be confirmed pursuant to subsection 15.3(2), of
the Building Code Act or that is confirmed or modified by the Committee under
subsection 15.3(3), of the Building Code Act or a Judge under subsection
15.3(6), of the Building Code Act 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 manner specified in the Order.