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THE MUNICIPALITY OF NORTH PERTH
BY-LAW NO. 80-2020
A By-law to establish a Property Standards Committee for the
Municipality of North Perth and for prescribing standards for
the maintenance and occupancy of all property within the
Municipality of North Perth, and prohibiting the use of any
property that does not conform to the standards and requiring
such properties to be repaired, maintained, or cleared of
buildings, structures, debris, or refuse and prohibiting the
removal of any notice, sign or placard placed thereon in
accordance with this By-law.
WHEREAS under Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, as
amended (the “Building Code Act’), a by-law may be passed by the Council of a
municipality to establish a Property Standards Committee and for prescribing the
standards for the maintenance and occupancy of property within the municipality
provided the official plan for the municipality includes provisions relating to property
conditions;
AND WHEREAS the Official Plan for The County of Perth and Municipality of North
Perth (Listowel Ward) includes provisions relating to property conditions;
AND WHEREAS the Council of the Municipality of North Perth is desirous of passing a
by-law under Section 15.1(3) of the Building Code Act;
AND WHEREAS Section 15.6(1) of the Building Code Act requires that a by-law passed
under Section 15.1(3) of the Building Code Act shall provide for the establishment of a
Property Standards Committee;
NOW THEREFORE the Council of the Municipality of North Perth enacts the following:
PART | DEFINITIONS
In this By-law:
1.01 "Accessory Building" means a detached building or structure, not used for
human habitation that is subordinate to the primary use of the same property.
1.02 "Apartment Building" means a building containing more than four dwelling units
with individual access from an internal corridor system.
1.03 "Approved" means acceptance by the Property Standards Officer.
1.04 “Approved Cover” means a tight fitting cover which is specifically designed or
manufactured as a motor vehicle cover and is capable of remaining in place
under inclement weather conditions.
1.05 "Basement" means that space of a building that is partly below grade, which has
half or more of its height, measured from floor to ceiling below the average
exterior finished grade.
1.06 “Bathroom” means a room containing at least a toilet and bathtub or shower, or
two rooms which contain in total at least one toilet and one bathtub or shower.
1.07 "Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling below the
average exterior finished grade.
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1.08
1.09
1.19
1.20
1.21
1.22
1.23
1.24
“Committee” means the Property Standards Committee for the Municipality of
North Perth.
“Crawl Space” means that space below the floor of the first storey of a building
which is not less in height than 0.5 metres from the underside of the floor joists to
the surface below and is not a cellar or basement as defined in this Article.
“Demolition” means the removal of all buildings, structures, debris or refuse
from property and leaving the property in a graded and levelled condition
"Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part for the purpose of
human habitation.
"Dwelling Unit" means a room or a suite operated as a house-keeping unit,
used or intended to be used as a domicile by one or more persons and
supporting general living conditions usually including cooking, eating, sleeping,
and sanitary facilities.
“Dilapidated” means a building or structure in a state of disrepair or ruin as a
result of age or neglect.
"First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6 ft.) above grade.
“Graffiti” means any work, figures, letters, numbers or drawings sprayed,
scribbled, scratched, etched or otherwise applied on a surface.
"Guardrails" means a protective barrier installed around openings in floor areas
or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery,
a raised walkway, and other locations as required to prevent accidental falls from
one level to another. Such barriers may or may not have openings through them.
“Habitable Room" means any room in a dwelling unit used for or capable of
being used for living, cooking, sleeping or eating purposes.
“Injurious Insects” include members of almost all orders and comprise species
which destroy cultivated plants and forest trees, others which injure grain and
stored products, manufactured goods and raw materials; there are again species
which infest domestic animals as well as those which molest or harm man
himself.
“Maintenance” means the preservation and keeping in repair of a property.
“Means of Egress" means a continuous, unobstructed path of travel provided by
a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp,
or other exit facility used for the escape of persons from any point within a
building, a floor area, a room, or a contained open space to a public thoroughfare
or an approved area of refuge usually located outside the building.
“Motor Vehicle” means a vehicle that is drawn, propelled, or driven by any
means other than muscular power, but does not include a vehicle of a railway
that is operated on rails.
"Multiple Dwelling" means a building containing three or more dwelling units.
“Municipality” means The Corporation of the Municipality of North Perth.
“Non-Habitable Room" means any room in a dwelling or dwelling unit other
than a habitable room and includes a bathroom, a toilet room, laundry, pantry,
lobby, corridor, stairway, closet, boiler room, or other space for service and
maintenance of the dwelling for public use, and for access to and vertical travel
between storeys, and basement or part thereof which does not comply with the
standards of fitness for occupancy set out in this By-Law.
Page 3 of 17
1.25
1.26
127
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
“Non-Residential Property" means a building or structure or part of a building
or structure not occupied in whole or in part for the purpose of human habitation,
and includes the lands and premises appurtenant and all of the outbuildings,
fences or erections thereon or therein.
“Noxious Weeds” as defined by the Ontario Weed Control Act.
“Occupancy” means the use or intended use of a building or part thereof for the
shelter or support of persons, animals or property.
“Occupant” means any person(s) over the age of eighteen years in possession
of the property.
“Officer” means a By-law Enforcement Officer or a Property Standards Officer
appointed by by-law and assigned the responsibility for enforcing and a
administering this By-law.
“Order” means an Order to Comply pursuant to section 15.2 of the Building Code
Act.
“Owner” includes the person for the time being managing or receiving the rent of
the land or premises in connection with which the word is used whether on his or
her own account or as agent or trustee of any other person or who would so
receive the rent if such 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 and maintain the property in accordance with the standards for the
maintenance and occupancy of the property.
"Person" means an individual, firm, corporation, association or partnership.
"Property Standards Officer” shall mean a Property Standards Officer who has
been assigned the responsibility of administering and enforcing by-laws passed
under Section 15.1 of the Building Code Act.
“Repair” includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property
shall conform with the standards established in this By-Law.
“Residential Property" means any property that is used or designed for use as
a domestic establishment in which one or more persons usually sleep and
prepare and serve meals, and includes any lands or buildings that are
appurtenant to such establishment and all stairways, walkways, driveways,
parking spaces, and fences associated with the dwelling or its yard.
“Safe Condition” means a condition that does not pose or constitute an undue
or unreasonable hazard or risk to life, limb or health of any person on or about
the property, an includes a structurally sound condition.
“Shall” in this By-law means is mandatory and not discretionary, words in the
plural include the single number and words in the present tense include the
future.
"Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-Law.
“Toilet Room" means a room containing a water closet and a wash basin.
“Vehicle” includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
“Waste” means any debris, rubbish, refuse, sewage, effluent, discard or
garbage of a type arising from a residence, belonging to or associated with a
house or use of a house or residential property and/or from industrial or
commercial operations, or belonging to or associated with industry or commerce
or industrial or commercial property, which for greater certainty includes all
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garbage, discarded material or things, broken or dismantled things, and material
or things exposed to the elements, deteriorating or decaying on a property due to
exposure or the weather.
1.42 "Yard" means the land other than publicly owned land around or appurtenant to
the whole or any part of a residential or non-residential property and used or
capable of being used in connection with the property.
PART Il GENERAL STANDARDS FOR ALL PROPERTY
2.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code, Ontario Fire Code and the Fire Prevention and Protection Act,
1997, where applicable.
YARDS
2.02 Every yard and every vacant lot shall be kept clean and free from:
(1) rubbish or debris and objects or conditions that might create a health, fire,
or accident hazard;
(2) wrecked, dismantled, discarded or abandoned machinery, inoperative
vehicles, trailers or boats unless it is necessary for the operation of a
business enterprise lawfully situated on the property;
(3) | Any vehicle, including a trailer, which is in a wrecked, discarded,
dismantled or abandoned condition shall not be parked, stored or left on
any property, unless it is necessary for the operation of a business
enterprise lawfully situated on the property;
(4) | No property shall be used for the parking or storage of:
(i) a motor vehicle which is not currently licensed for operation
pursuant to the provisions of the Highway Traffic Act or
amendments thereto for the Province of Ontario; or
(ii) a motor vehicle which has had part or all of its superstructure,
running gear or source of motive power removed;
unless it is necessary for the operation of a business enterprise lawfully
situated on the property or is contained within a building or approved
cover.
(5) lawns, hedges, bushes, and noxious will not be permitted to become
overgrown or unsightly. Specifically, grass and weeds shall not exceed
20.33 cm (8 inches) in height;
(6) dilapidated or collapsed structures or partially constructed structures
which are not currently under construction;
(7) injurious insects, termites, rodents, vermin or other pests; and
(8) dead, decayed or damaged trees, hedges or other natural growth
(including branches or limbs thereof).
SURFACE CONDITIONS
2.03 Surface conditions of yards shall be maintained so as:
(1) to prevent ponding of storm water;
(2) to prevent instability or erosion of soil;
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(3) to prevent surface water run-off from entering basements;
(4) not to exhibit an unsightly appearance;
(5) to be kept free of garbage and refuse;
(6) to be kept free of deep ruts and holes;
(7) to provide for safe passage under normal use and weather conditions, day
or night; and
(8) not to create a nuisance to other property.
SEWAGE
2.04
2.05
Sewage shall be discharged into the sewage system.
Sewage of any kind shall not be discharged onto the surface of the ground,
whether into a natural or artificial surface drainage system or otherwise.
DRAINAGE
2.06
2.07
2.08
Exterior property areas shall be:
(a) | graded and maintained in such a manner as to prevent the excessive or
recurrent ponding of storm water thereon; and,
(6b) cultivated or protected with a suitable ground cover to prevent erosion of
the soil.
All catch basins, swales and ditches shall be maintained so as to not impede the
natural flow of water.
The storm water run-off from all downspouts of impervious surfaces shall be
contained within the limits of the property from which it originates until absorbed
by the soil or drained to a storm sewer, or to a natural or artificially-created swale,
ditch or watercourse.
PARKING AREAS, WALKS AND DRIVEWAYS
2.09
2.10
All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter.
Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
ACCESSORY BUILDINGS, AND OTHER STRUCTURES
2.11 Accessory buildings and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2.12 Accessory buildings and other structures shall be protected from deterioration by
the application of appropriate weather resistant materials including paint or other
suitable preservative and shall be of uniform colour unless the aesthetic
characteristics of said structure are enhanced by the lack of such material.
FENCES
2.13 Fences shall be maintained in good condition free from loose, insufficiently
secured, rotten, warped or broken materials and free from accident hazards.
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2.14 Fences shall be reasonably plumb, unless specifically designed to be other than
vertical.
RETAINING WALLS
2.15 Retaining walls shall be safe, structurally sound and plumb, and capable of
performing its intended function. Refer to the Ontario Building Code
requirements.
GARBAGE DISPOSAL
2.16 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property between the regularly designated collection days.
Such receptacles shall be constructed of watertight material, provided with a tight .
fitting cover, and shall be maintained in a clean and odour free condition at all
times.
2.17 All garbage, refuse, and ashes shall be promptly placed in the suitable container
and made available for removal in accordance with the municipal garbage
collection by-law, where applicable.
COMPOST HEAPS
2.18 The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no
larger than one square metre and 1.8 metres in height and is enclosed on all
sides by concrete block, or lumber, or in a forty-five gallon container, a metal
frame building with a concrete floor, or a commercial plastic or wood container
designed for composting.
PART Ill RESIDENTIAL STANDARDS
GENERAL CONDITIONS
3.01 Every tenant, or occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control, in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a regular
basis, in accordance with municipal by-laws.
3.02 Every tenant, or occupant or lessee of a residential property shall maintain every
floor, wall, ceiling and fixture, under their control, including corridors, entrances,
laundry rooms, utility rooms, and other common areas, in a clean, sanitary and
safe condition.
3.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means
of egress shall not be permitted.
PEST PREVENTION
3.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods
used for exterminating such pests shall be in accordance with the provisions of
the Pesticides Act.
3.05 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
3.06 Every part of a dwelling shall be maintained in a structurally sound condition so
as to be capable of safely sustaining its own weight load and any additional load
to which it may be subjected through normal use, having a level of safety to that
as required by the Ontario Building Code.
Page 7 of 17
3.07 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
3.08 Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired, replaced or repaired.
FOUNDATIONS
3.09 Foundation walls of a dwelling shall be maintained so as to prevent the entrance
of insects, rodents and moisture. Maintenance includes the shoring of the walls
to prevent settling, installing sub soil drains, when necessary, at the footings,
grouting masonry cracks, damp proofing and waterproofing walls, joints, and
floors.
3.10 Every dwelling, except for slab on grade construction, shall be supported by
foundation walls or piers which extend below the frost line, or to solid rock.
EXTERIOR WALLS
3.11 All exterior walls and surfaces of every building or structure shall be:
(a) sound, plumb and weather tight;
(b) free from loose or unsecured objects;
(c) maintained in good repair;
(d) free from cracked or broken masonry units;
(e) free from defective or deteriorated cladding, siding or trim;
(f) free from cracked, broken or loose stucco;
3.12 All exterior walls that have previously been covered with paint or other protective
or decorative materials shall be maintained in good repair and the covering
renewed when it becomes damaged or deteriorated.
3.13 Appropriate measures shall be taken to remove any graffiti, unsightly markings,
stains or other defacement occurring on an exposed exterior surface and, where
feasible to restore the surface as nearly as possible to the original condition.
WINDOWS AND DOORS
3.14 Windows, doors, skylights, and basement or cellar hatchways shall be
maintained in good repair, weather tight and draught-free, to prevent heat loss
and infiltration by the elements. Maintenance includes painting, replacing
damaged doors, frames and other components, window frames, sashes and
casings, replacement of non-serviceable hardware and reglazing where
necessary. Where screening is provided on windows and doors it shall also be
maintained in good repair.
3.15 In a dwelling unit all windows that are intended to be opened and all exterior
doors shall have suitable hardware so as to allow locking or otherwise securing
from inside the dwelling unit. At least one entrance door to a dwelling unit shall
have suitable hardware so as to permit locking or securing from either inside or
outside the dwelling unit.
3.16 Exterior doors shall be provided for all entrances to dwellings and dwelling units.
3.17 In residential buildings where there is a voice communication unit working in
conjunction with a security locking and release system controlling a particular
entrance door and installed between individual dwelling units and a secured
entrance area, the said system shall be maintained in good working order at all
times.
Page 8 of 17
3.18 Every window in a leased or rented dwelling unit that is located above the first
storey of a multiple dwelling shall be equipped with an approved safety device
that would prevent any part of the window from opening greater than would
permit the passage of a 100 mm diameter (3.9 inches) sphere. Such safety
device shall not prevent the window from being fully opened during an
emergency situation by an adult without the use of tools.
ROOFS
3.19 Roofs of dwellings and their components shall be maintained in a weathertight
condition, free from loose or unsecured objects or materials.
3.20 The roofs of dwellings and accessory buildings shall be kept clear of
accumulations of ice or snow or both.
3.21 Where eavestroughing, roof gutters, are provided it shall be kept in good repair,
free from obstructions and properly secured to the building.
WALLS, CEILINGS AND FLOORS
3.22 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
3.23 Every floor in a dwelling shall be reasonably smooth and level and maintained so
as to be free of all loose, warped, protruding, broken, or rotted boards or other
material that might cause an accident or allow the entrance of rodents and other
vermin or insects.
3.24 Every floor in a bathroom, toilet room, kitchen, shower room, laundry room and
kitchen shall be maintained so as to be impervious to water and readily cleaned.
STAIRS PORCHES AND BALCONIES
3.25 Inside and outside stairs, porches, balconies and landings shall be maintained so
as to be free of holes, cracks, and other defects which may constitute accident
hazards. Existing stair treads or risers that show excessive wear or are broken,
warped or loose and any supporting structural members that are rotted or
deteriorated shall be repaired or replaced.
GUARDRAILS
3.26 A guard rail shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing or
where there is a difference in elevation of 600 mm (24") between adjacent levels.
A handrail shall be installed and maintained in good repair in all stairwells.
Guardrails shall be installed and maintained in good repair around all landings,
porches, and balconies. Guardrails, balustrades and handrails shall be
constructed and maintained rigid in nature.
KITCHENS
3.27 Every dwelling shall contain a kitchen area equipped with:
(a) | asink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
(b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 0.61 m (2 ft.) in width by 1.22 m (4 ft.) in
length, exclusive of the sink, and covered with a material that is imperious
to moisture and grease and is easily cleanable; and
(d) a space provided for cooking and refrigeration appliances including the
Page 9 of 17
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.28
3.29
3.30
Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet or a drainless composting toilet, wash basin, and a
bathtub or suitable shower unit. Every wash basin and bathtub or shower shall
have an adequate supply of hot and cold running water. Every water closet shall
have a suitable supply of running water.
Every required bathroom or toilet room shall be accessible from within and the
ability to being locked so as to allow privacy for the persons using said room.
Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate
entrance shall be provided from a common passageway, hallway, corridor or
other common space to the room or rooms containing the said facilities.
PLUMBING
3.31
3.32
3.33
3.34
3.35
Each wash basin, bathtub or shower and kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 45 degrees Celsius (113 degrees Fahrenheit), and
shall not exceed 49 degrees Celsius (120.2 degrees Fahrenheit)
Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of leaks and
defects and all water pipes and appurtenances there to shall be protected from
freezing.
All plumbing fixtures shall be connected to the sewage system through water
seal traps.
Every fixture shall be of such materials, construction and design as will ensure
that the exposed surface of all parts are hard, smooth, impervious to hot and cold
water, readily accessible for cleansing and free from blemishes, cracks, stains, or
other defect that may harbour germs or impede thorough cleansing.
ELECTRICAL SERVICE
3.36
3.37
3.38
3.39
3.40
The capacity of the connection to a building or accessory building and the system
of circuits distributing the electrical supply of the building or accessory building
shall be adequate for the use and intended use.
The electrical wiring, fixtures, switches, receptacles, and appliances located or
used in dwellings, dwelling units and accessory buildings shall be installed and
maintained in good working order so as not to cause fire or electrical shock
hazards. All electrical services shall conform to the regulations established by the
Power Corporations Act, as amended.
Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 square metre (120 sq. ft.) of floor space and for each additional 9.3
square metres (100 sq. ft.) of floor area a second duplex outlet shall be provided.
Extension cords shall not be used on a permanent basis.
Every bathroom, toilet room, kitchen, laundry room, furnace room, basement
cellar and non-habitable work or storage room shall be provided with a
permanent light fixture.
Lighting fixtures and appliances installed throughout a residential building,
including dwelling units, stairways, hallway corridors, passageways, garages and
Page 10 of 17
basements, shall provide sufficient illumination so as to avoid health or accident
hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
3.41
3.42
3.43
3.44
3.45
3.46
3.47
Every dwelling and building containing a residential dwelling unit shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 21 degrees Celsius (70 degrees F.) in the occupied dwelling
units. The heating system shall be maintained in good working condition so as to
be capable of safely heating the individual dwelling units to the required
standard.
All fuel burning appliances, equipment, and accessories in a dwelling shall be
installed and maintained to the standards provided by the Energy Act, as
amended or other applicable legislation.
Where a heating system or part thereof that requires solid or liquid fuel to operate
a place or receptacle for such fuel shall be provided and maintained in a safe
condition and in a convenient location so as to be free from fire or accident
hazard.
Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes, and gases from that part of the dwelling which is not
used, designed or intended to be used for human habitation into other parts of
the dwelling used for habitation. Such separations shall conform to the Ontario
Building Code.
All fuel burning appliances, equipment, and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good repair so as to prevent the escape of smoke, fumes or gases from entering
a dwelling unit. Maintenance includes the removal of all obstructions, sealing
open joints, and the repair of loose or broken masonry units.
Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good condition so as to prevent the heating of adjacent combustible material or
structural members to unsafe temperatures.
FIRE ESCAPES, ALARMS AND DETECTORS
3.48
3.49
A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be provided
by the owners of buildings of residential occupancies where sleeping
accommodations are provided for more than ten persons, except that such
systems need not be provided where a public corridor or exit serves not more
than four dwelling units or individual leased sleeping rooms.
In addition to the provisions of Article 3.47 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards Association
or Underwriters Laboratories of Canada, or detectors of the single station alarm
type, audible within bedrooms when intervening doors are closed, shall be
installed by the occupant between bedrooms or the sleeping area and the
remainder of the dwelling unit, such as in a hallway or corridor serving such
bedrooms or sleeping area. The products of combustion detector referred to
shall be;
(a) be equipped with visual or audio indication that they are in operating
condition;
(b) | be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6
to 12 inches) below the ceiling.
Page 11 of 17
3.50 Buildings using a fire escape as a secondary means of egress shall have the
escape in good condition, free from obstructions and easily reached through an
openable window or door.
EGRESS
3.51 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and the
dwelling unit to the outside at street or grade level.
3.52 Each dwelling containing more than one dwelling unit shall have at least two
exits, both of which may be common or the one of which may be common and
the other may be an exterior stair or fire escape. Access to the stairs or fire
escape shall be from corridors through doors at floor level, except access from a
dwelling unit may be through a vertically mounted casement window having an
unobstructed opening of not less than 1,067 by 559 mm, (42 x 22 inches) with a
sill height of not more than 1000 mm, (39 3/8 inches), above the inside floor. A
single exit is permitted from a dwelling unit where the means of egress is through
an exterior door located at or near ground level and access to such exit is not
through a room not under the immediate control of the occupants of the dwelling
unit.
NATURAL LIGHT
3.53 Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly or indirectly to
an outside space and admits as much natural light equal to not less than ten
percent of the floor area for living and dining rooms and five percent of the floor
area for bedrooms and other finished rooms.
VENTILATION
3.54 Every habitable room shall have an opening or openings for natural ventilation
and such openings shall have an adequate aggregate unobstructed free flow
area.
3.55 An opening for natural ventilation may be omitted from a kitchen, living room or
living/dining-room if mechanical ventilation is provided, which changes the air
once each hour.
3.56 Every bathroom or toilet room shall be provided with an opening or openings for
natural ventilation, or a system of mechanical ventilation which operates on a
switch and vents to the outside air.
3.57 Every basement and unheated crawl space shall be adequately vented to the
outside air.
ELEVATING DEVICES
3.58 Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation
fans, and emergency communication systems shall be operational and
maintained in good condition.
DISCONNECTED UTILITIES
3.59 Owners of residential buildings or any person or persons acting on behalf of such
owner shall not disconnect or cause to be disconnected any service or utility
supplying heat, electricity, gas, refrigeration or water to any residential unit or
building occupied by a tenant or lessee, except for such reasonable period of
time as may be necessary for the purpose of repairing, replacing, or otherwise
altering said service or utility.
Page 12 of 17
OCCUPANCY STANDARDS
3.60
3.61
3.62
The number of occupants, residing on a permanent basis in an individual
dwelling unit, shall not exceed the habitable floor area as prescribed in the
Ontario Building Code.
No room shall be used for sleeping purposes unless it has a minimum width of
two metres (6.6 ft.) and a floor area of at least seven square metres (75 sq. ft). A
room used for sleeping purposes by two or more persons shall have a floor area
of at least four square metres (43 sq. ft.) per person, or as prescribed in the
Ontario Building Code.
Any basement or portion thereof, used as a dwelling unit shall conform to the
following requirements:
(a) each habitable room shall comply with all the requirements set out in this
By-law;
(b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(c) | each habitable room shall be separated from service rooms by a suitable
fire separation and approved under the Ontario Building Code; and,
(d) | access to each habitable room shall be gained without passage through a
service room.
PART IV VACANT LANDS AND BUILDINGS
4.01
4.02
4.03
4.04
4.05
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable.
VACANT LANDS
Vacant land shall be maintained to the standards as described in Part II Article
2.02 of this By-law.
Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
VACANT BUILDINGS
Vacant buildings shall be kept cleared of all garbage, rubbish and debris and
shall have all water, electrical and gas services turned off except for those
services that are required for the security and maintenance of the property.
The owner of a vacant building shall board up the building to the satisfaction of
the Property Standards Officer by covering all openings through which entry may
be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood painted
a colour compatible with the surrounding walls and securely fastened.
PART V NON-RESIDENTIAL PROPERTY STANDARDS
5.01
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code where applicable.
Page 13 of 17
YARDS
5.02 The yards of non-residential property shall be maintained to the standards as
described in Part Il Article 2.02 of this By-law.
5.03 The warehousing or storage of material or operative equipment that is required
for the continuing operation of the industrial or commercial aspect of the property
shall be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition and shall provide unobstructed access
for emergency vehicles. Where conditions are such that a neat and orderly
fashion is achieved but is still offensive to view, the offensive area shall be
suitably enclosed by a solid wall or a painted board or metal fence not less than
1.8 metres (6 ft.) in height and maintained in good repair.
PARKING AREAS AND DRIVEWAYS
5.04 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter. Notwithstanding the foregoing, non-residential properties
which abut residential properties, all areas used for vehicular traffic and parking
shall have a surface covering of asphalt or similar hard surface or gravel and
dust from the gravel surfaces shall be applied with dust retardants.
5.05 All areas used for vehicular traffic, parking spaces and other similar areas shall
be maintained so as to afford safe passage under normal use and weather
conditions.
STRUCTURAL SOUNDNESS
5.06 Every part of a building structure shall be maintained in a sound condition so as
to be capable of safely sustaining its own weight load and any additional load to
which it may be subjected through normal use, having a level of safety required
by the Ontario Building Code. Structural members or materials that have been
damaged or indicate evidence of deterioration shall be repaired or replaced.
5.07 Walls, roofs, and other exterior parts of a building or structure shall be free from
loose or improperly secured objects or materials.
EXTERIOR WALLS
5.08 Exterior walls of a building or a structure and their components, including soffits,
fascia, window and doors, shall be maintained in good repair free from cracked,
broken or loose masonry units, stucco, and other defective cladding, or trim.
Paint or some other suitable preservative or coating must be applied and
maintained so as to prevent deterioration due to weather conditions, insects or
other damage.
5.09 Exterior walls of a building or a structure and their components shall be free of
inappropriate signs, painted slogans, graffiti and similar defacements.
GUARDRAILS
5.10 A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or
where there is a difference in elevation of 6(00 mm (24") between adjacent levels.
Guardrails shall be installed and maintained in good repair in all stairwells.
Guardrails shall be installed and maintained in good repair around all landings,
mezzanines and similar areas. Guardrails, balustrades and handrails shall be
constructed and maintained rigid in nature.
LIGHTING
5.11 All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending
the premises or as may be required by the Occupational Health and Safety Act
Page 14 of 17
for industrial and commercial properties. However lighting shall not be positioned
SO as to cause any impairment of use or enjoyment of neighbouring properties.
PART VI ADMINISTRATION AND ENFORCEMENT
6.01 This By-Law shall apply to all property within the limits of the Municipality.
6.02 The imperial measurements contained in this By-Law are given for reference
only.
ORDERS
6.03 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 the By-law.
6.04 The Order shall be served on the owner of the property and such other persons
affected by it as the Officer determines and a copy of the Order may be posted
on the property in a location visible to the public.
6.05 No person shall obstruct the visibility of an Order and no person shall remove a
copy of any Order posted under this By-law unless authorized to do so by an
Officer.
6.06 An Order required by this By-law to be served may be served personally, by
email to the last known email address of the 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.
APPEAL OF ORDER
6.07 An owner or occupant who has been served with an Order made under
subsection 15.2(2) of the Building Code Act and who is not satisfied with the
terms or conditions of the Order may appeal to the Committee by sending a
notice of appeal by registered mail to the secretary of the committee within 14
days after being served with the Order.
6.8 Every Order shall be deemed confirmed where an appeal has not been filed
within the prescribed period.
6.9 Every person to whom an Order is issued shall, where the Order has been
confirmed, comply with the requirements and/or conditions of the Order by the
prescribed date.
6.10 Failure to comply with the requirements of an Order shall constitute an offence
pursuant to section 36 of the Building Code Act.
6.11 Where an owner fails to comply with the conditions of an Order within the
prescribed time period, the Municipality and its agents may enter upon the
property and take the actions necessary for compliance with the Order.
6.12 All costs incurred by the Municipality under clause 6.13 may be recovered as
taxes upon the property.
OFFICERS
6.13 The Council of the Municipality shall appoint Property Standards Officer(s)
responsible for the administration and enforcement of this By-law.
PROPERTY STANDARDS COMMITTEE
6.15 There shall be, and is hereby established, a Property Standards Committee
consisting of five (5) members, who shall be ratepayers in the Municipality,
appointed by by-law of the Council of the Municipality to hold office for the term
established by Council.
Page 15 of 17
6.18
6.17
6.18
6.19
6.20
Each member of the Property Standards Committee, appointed by Council, shall
be entitled to an honorarium of $50.00 per meeting for their attendance at
Committee meetings, except if held in conjunction with other Committee
meetings.
Each person who initiates an appeal of an Order made under Section 15.2(2) of
the Building Code Act shall submit a Notice of Appeal in the time frame and the
manner as prescribed in section 15.3(1) of the Building Code Act.
The Council of the Municipality shall fill any vacancy that occurs in the
membership of the Committee as soon as possible.
The members shall elect a Chair from among themselves; when the Chair is
absent through illness or otherwise, the Committee may appoint another member
as Acting Chair.
A majority of the members constitutes a quorum for transacting the Committee’s
business.
6.21 The members shall provide for a secretary for the Committee.
6.22 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 those
applications, and section 253 of the Municipal Act, 2001 applies with necessary
modifications to the minutes and records.
6.23 The Committee shall, subject to subsection 15.6(8) of the Building Code Act
adopt Council’s policies and procedures for its operation and any member may
administer oaths.
6.24 The Committee shall give notice or direct that notice be given of the hearing of an
appeal to such person as the Committee considers advisable.
COMPLIANCE
6.25 The owner of any property which does not conform to the standards as set out in
this By-law shall repair and/or maintain said property to comply with the
standards or the property shall be cleared of all buildings, structures, debris or
refuse and left in a levelled and graded condition.
6.26 Where any owner or occupant fails to comply with an Order made under the
Building Code Act, the Municipality may cause the required work to be done
including any necessary removal of waste or vehicles at the cost of the owner or
occupant to whom the Order is directed.
6.27 The Municipality intends to recover the cost of undertaking the work under
section 6.26 of this By-law by collecting such costs in the same manner as
property taxes and such actual costs will include any administration fees.
PENALTY
6.29 An owner or occupant who fails to comply with any provision of this By-law is
guilty of an offence.
VALIDITY
6.30 If an article of this By-law is for any reason held by a Court of Law or other
Administrative Tribunal to be invalid, the remaining articles shall remain in effect
until repealed.
6.31 Where a provision of this By-law conflicts with the provision of another by-law in
force within the Municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
Page 16 of 17
TRANSITIONAL RULES
6.32 After the date of the passing this By-law, By-Law No. 31-ZB-1999, as amended
shall apply only to those properties in which an Order to Comply has been issued
prior to the date of passing of this By-law, and then only to such properties until
such time as the work required by such Order has been completed or any
enforcement proceedings with respect to such Order, including any demolition,
clearance, or repair carried out by the Municipality shall have been concluded.
TITLE
6.33 This By-Law may be referred to as "The Property Standards By-Law".
REPEALS
6.34 By-Law No. 72-2009 as amended is hereby repealed.
6.35 This By-Law comes into force on the date of passing.
READ A FIRST AND SECOND TIME this 1° day of June, 2020
READ A THIRD TIME AND FINALLY PASSED this 15! day of June, 2020.
Gee —,
O MAYOR, Caio tld
Perec Bahl
’ “CLERK, Patricia Berfelz
MUNICIPALITY OF NORTH PERTH
BY-LAW NO. 80-2020
Part 1 Provincial Offences Act Schedule of Fines
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision creating or Set Fine
defining offence
_
Fail to maintain land free from rubbish or debris 2.02(1) $300.00
N
Fail to maintain land free from wrecked/dismantled/or abandoned machinery, vehicles, trailers or boats 2.02(2) $300.00
Fail to maintain land free from overgrown and unsightly lawns, hedges and bushes, specifically, grass and 2.02(5) $150.00
weeds which exceed 20.33 cm (8 inches) in height ; ;
o
Fail to maintain land free from dilapidated/collapsed structure or partially constructed structures not
currently under construction 2.02(6) $300.00
Fail to maintain land free from injurious insects/termites/rodents/vermin or other pests 2.02(7) $250.00
Fail to maintain land free from dead/decayed or damaged trees or other natural growth 2.02(8) $250.00
Fail to maintain structural components standard 5.06 $500.00
4
5
6
7. Fail to maintain drainage standard 2.07 & 208 $250.00
8
9
Fail to maintain residential tenancy standard 3.01 or 3.02 $300.00
3.60, 3.61 or 3.62 (a-
10. Fail to maintain occupancy standard d) $250.00
11. Fail to maintain unoccupied building standard 4.04 or 4.05 $250.00
12. Obstruct, hinder or otherwise interfere with an Officer 6.03 $250.00
13. Fail to comply with a Property Standards Order 6.04 $250.00
14. Obstruct visibility of an Order-No authorization 6.05 $250.00
15. Remove posted Order — No authorization 6.05 $250.00
“Note the general penalty provision for the offences listed above is section 6.29 of Bylaw 80-2020, a certified copy of which has been filed and section 61 of the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended”