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1
The Corporation of The Municipality Of
Northern Bruce Peninsula
By-Law No. 2026-08
Being A By-Law to Prescribe the Standards for The Maintenance
And Occupancy of Property Within The
Municipality Of Northern Bruce Peninsula
WHEREAS, under Section 15.1(3) of the Building Code Act, R.S.O. 1992, c. 23, a by-law
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality, provided the Official Plan
for the municipality includes provisions relating to property conditions.
AND WHEREAS the Official Plan for the Municipality of Northern Bruce Peninsula includes
provisions relating to property conditions.
AND WHEREAS Section 15.6(1) of the Building Code Act, R.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, and
AND WHEREAS Section 391 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as amended,
provides that a municipality may pass by-laws imposing fees or charges on any class of
persons:
-
for services or activities provided or done by or on behalf of it
-
for costs payable by it for services or activities provided or done by or on behalf of any
other municipality or local board, and
-
for the use of its property, including under its control
AND WHEREAS Section 398 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as amended,
provides that fees and charges imposed by a municipality constitute a debt of the person to
the municipality and that the Treasurer may add amounts owing to the tax roll.
AND WHEREAS Section 11 (2) 6 of the Municipal Act, 2001, R.S.O. 2001, c. 25, as
amended, provides that Council may pass by-laws in respect of health, safety and well-being
of persons.
AND WHEREAS the Council for the Corporation of the Municipality of Northern Bruce
Peninsula is desirous and deems it to be in the best interest of the Municipality to enact a by-
law prescribing minimum maintenance standards for the maintenance and occupancy of
property and to provide for establishment of a Property Standards Committee.
Now therefore, the Council of the Corporation of the Municipality of Northern Bruce
Peninsula hereby enacts the following:
By-Law Index
Section 1
Definitions
Section 2
General Standards for all Property and Uses
2.1
Scope
2.2
Yards
2.3
Outdoor storage of materials - no immediate use
2.4
Garbage receptacles
2.5
Garbage chutes-rooms-containers-standards
2.6
Unenclosed porch - balcony
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2.7
Grass-trees-bushes-hedges-landscaping
2.8
Ground cover-erosion control
2.9
Lot grading - drainage
2.10 Walkways and driveways
2.11 Parking lots
2.12 Snow disposal - storage
2.13 Compost heaps
2.14 Exterior lighting
2.15 Retaining wall
2.16 Wells-cistern-cesspool-privy vault-pit or excavation
2.17 Accessory buildings
2.18 Fence
2.19 Tower-gantries-masts-antennae
2.20 Signs
2.21 Defacements
Section 3
Exterior Property Areas
3.1
Structural adequacy-capacity
3.2
Foundation walls-basements
3.3
Exterior walls-surfaces-cladding-masonry
3.4
Doors-windows-cellar-hatchways
3.5
Window screens
3.6
Canopies-marquees-awnings
3.7
Roof
3.8
Eaves trough system-metal ducts-flashing
3.9
Chimney flues
3.10 Garage-carport
Section 4
Interior of Buildings, Structures and Dwellings
4.1
Interior structure-columns-beams
4.2
Walls-ceilings
4.3
Floors
4.4
Stairs-handrails-guards
4.5
Elevators
4.6
Means of egress
4.7
Heating-air conditioning
4.8
Air conditioning
4.9
Electrical
4.10 Ventilation
4.11 Lighting
4.12 Plumbing
4.13 Water supply
4.14 Sewage system
4.15 Vermin control
Section 5
Additional Requirements for Residential Occupancy
5.1
Occupancy standards
5.2
Toilet and bathroom facilities
Section 6
Non-residential Property Standards
6.1
Yards
6.2
Means of Egress
6.3
Guardrails
6.4
Separations
6.5
Ventilation
6.6
Lighting
6.7
Salvage yard
Section 7
Vacant-Damaged-Demolition
7.1
Vacant Land
7.2
Vacant Building
7.3
Damage by fire-storm-other causes
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7.4
Demolish Building
Section 8
Administration and Enforcement
8.1
General
8.2
Non-compliance
8.3
Orders
8.4
Officers
8.5
Conflicts-By-Laws-Standards-Regulations
Section 9
Validity
Section 10 Penalty
Section 11 Severability
Section 12 Transitional Rules
Section 13 Property Standards Committee
Section 14 Short Title
Section 15 Repeal
Section 16 Effective Date
Section 1 - Definitions
For the purposes of this By-law, the following definitions shall apply:
"Accessory Building" means a detached building or structure, not used for human habitation,
that is subordinate to the primary use of the same property.
"Act" means an enactment or statute of the Province of Ontario.
"Approved" means acceptance by the Property Standards Officer.
"Apartment Unit" means any dwelling unit within a building containing more than one
dwelling unit where the units are connected by an interior corridor and or common entrance.
"Basement" means a space of a building that is partly below grade, which has half or more
of its height measured from the floor to the ceiling above the average exterior finished grade.
"Building" means any structure used or intended to be used for supporting or sheltering any
use or occupancy.
"Building Code" means the Building Code Act and any regulations made under that Act.
"Cellar" means a space of a building that is partly or entirely below grade, which has
more of its height from the floor to the finished ceiling below the adjacent
finished grade level for at least seventy-five percent of the building perimeter.
"Chief Building Official" - means the Chief Building Official appointed under Section 3 of
the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement thereof.
"Citation - Property Standards By-law" means this Chapter may be cited as the Property
Standards By-law.
"Code" means a regulation of the Province of Ontario
(i)
with respect to matters relating to building as the Building Code Act;
(ii)
with respect to matters relating to electricity as the Electrical Safety Code;
(iii)
with respect to matters relating to fire as the Fire Code; and
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(iv)
with respect to matters relating to plumbing as the Plumbing Code.
"Committee" means a Property Standards Committee established in accordance with this by-
law.
"Council" means the Council of the Corporation of the Municipality of Northern Bruce Peninsula.
"Complaint" means an expression of discontent or concern.
"Crawl Space" means a space beneath a floor with clearance of less than those required for
basements or cellars.
"Dwelling" means a building occupied or capable of being occupied exclusively as a home,
residence or sleeping place by one or more persons, and one or more families, but shall not
include an mobile home, construction trailer, travel trailer, hotels, motel, a home for the ages,
nursing home, hospital, or living quarters for a caretaker, watchman or other person or persons
using living quarters which are accessory to non-residential building.
"Dwelling unit" means a room or a suite of rooms operated as a housekeeping unit, used or
intended to be used as a domicile by one or more persons and supporting general living
conditions usually including cooking, eating, sleeping and sanitary facilities. Dwelling unit is
two or more rooms used or designed to be used by one of more individuals as an independent
or self-contained domestic unit or housekeeping establishment.
"Exterior property area" means the building lot excluding building(s).
"Fence" means any structure, wall or barrier, other than a building, erected at grade for the
purpose of defining boundaries of property separating open space, restricting ingress to or
egress from property, providing security or protection to property or acting as a visual or
acoustic screen.
"First Storey" means that part of a building having a floor area closest to grade with a ceiling
height of more than 1.8 meters above grade.
"Garbage" means the animal and vegetable waste and related products resulting from the
handling, preparation, cooking and consumption of food or drink.
"Ground Cover" means organic or non-organic material applied to prevent soil erosion such as
concrete, flagstone, gravel, asphalt, grass or other landscaping.
"Guard" means a protective barrier 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 or designed to be used for the
purpose of living, sleeping, eating, cooking or preparation of food and without limiting the
foregoing shall include den, library, sunroom or recreational room or any combination thereof.
"Non-habitable Space" means a bathroom, toilet room, water closet compartment, laundry,
pantry, foyer, lobby, hall, corridor, stairway, passageway, closet, storage room, boiler room,
furnace room, accessory space for service, maintenance of access within a building or a room
or space which does not comply with the minimum standards for residential occupancy.
"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.
"Means of Egress" includes exits and access to exits, and means a continuous path of travel
provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair ramp or
other exit facility used for the escape of persons from any point within a building, floor area or
room, or in a contained open space to
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i)
a separate building
ii)
an open public thoroughfare
iii)
an exterior open space that is protected from fire exposure from the building and that has
access to an open public thoroughfare
"Municipality" means the Corporation of the Municipality of Northern Bruce Peninsula unless
the context requires otherwise.
"Occupant" means any person(s) over the age of eighteen (18) years in possession of the
property.
"Officer" means the Property Standards Officer or his/her designate who has been appointed
by Council and assigned the responsibility of administering and enforcing the provisions of his
By-law.
"Owner" includes the owner in trust, a mortgagee in possession, the person for the time being,
managing or receiving the rent of the land or premises in connection with which the word is
used whether on his own account or as agent or trustee of any other person or who would
receive the rent if the land and premises were let and shall also include a lessee or occupant
of the property who, under the terms of the lease, is required to repair and maintain the property
in accordance with the standards for the maintenance and occupancy of property.
"Person" means and includes any person, firm, partnership, corporation, company, association
or organization of any kind.
"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 land or building that are appurtenant to such establishment and all stairways,
walkways, driveways, spaces, and fences associated with the dwelling or its yard.
"Repair" includes the provision of such facilities and the making of additions or alterations, or
the taking of such action as may be required, so that the property shall conform to the standards
established in this By-law.
"Rubbish" means any combustible or non-combustible, discarded or waste materials except
garbage and shall include debris and other refuse.
"Safe condition" means a condition that does not pose or constitute an undue or unreasonable
hazard or risk to life, limb or health of any person on or about the property and includes a
structurally sound condition.
"Sewage system" means the Municipality of Northern Bruce Peninsula system of storm sewers,
sanitary sewers and combined sewers or a private sewage disposal system approved by the
Chief Building Official of the Municipality of Northern Bruce Peninsula.
"Sign" means any device or notice, including its structure and other component parts, which is
used or capable of being used to identify, describe, illustrate, advertise or direct attention to any
person, business, service, commodity or use.
"Standards" means the standards of the physical condition and occupancy prescribed for
property by this by-law.
"Snow disposal site" means only those lands on which snow is placed after being brought to
the lot from another lot and shall not include areas to which snow is moved to one portion of a
lot after being cleared from the rest of the lot.
"Snow storage site" means that portion of land being used for the storage of snow that has been
moved to one portion of a lot after being cleared from another portion(s) of a lot.
"Toilet room" means a room containing a water closet and a wash basin.
"Vehicle" includes a motor vehicle, farm vehicles, commercial vehicles, off-road vehicles, trailer,
boat, motorized snow vehicle or other mechanical power-driven equipment.
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"Visual barrier" means a continuous, uninterrupted structure and/or fence which completely
blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of
one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other
similarly solid material approved by the Chief Building Official or Property Standards Officer.
"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, commerce, industrial or commercial property which for greater certainty includes all
garbage, discarded material or things, broken or dismantled things and materials or things
exposed to the elements, deteriorating or decaying on a property due to exposure or the
weather.
"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.
Section 2 General Standards for All Property and Uses
2.1 Scope
a)
No person, being the owner or occupant of a property, shall fail to maintain the property
in conformity with the standards required in this By-law.
b)
The owner of any property which does not conform to the standards in this By-law
shall repair and maintain the property to conform to the standards or shall clear the
property of all buildings, structures, garbage, rubbish, waste or accumulations of such
materials that prevent access to or exit from the property in the case of emergency, or
other safety or health hazard and shall leave the property in a graded and leveled
condition.
c)
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.
d)
All new construction or extensive repairs shall conform to the Ontario Building Code,
where applicable.
e)
This By-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection Act, 1998,
S.O. 1998, c. 1, from carrying out a normal farm practice as provided for and defined
under that Act.
f)
No owner or occupant of property within the Municipality shall use, occupy, or allow, permit
or acquiesce in the use or occupation of the property unless such property conforms to
the standards prescribed in this By-law.
2.2 Yards
a)
Yards shall be kept clean and free of litter, garbage, rubbish, waste, salvage, refuse,
decaying or damaged trees, branches and limbs, objects or conditions that might create
a health, fire, accident hazard or unsightly condition.
b)
Every property shall be kept free from garbage, rubbish, waste, or accumulation of such
materials that prevent access to or exit from the property.
c)
Without restricting the generality of this Section, such maintenance includes the removal
of:
i)
rubbish, garbage, waste, litter and waste
ii)
injurious insects, termites, rodents, vermin and other pests; and any condition which
may promote an infestation
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iii)
trees, bushes and hedges, including any branches or limbs thereof, which are
dead, decayed or damaged, and brush
iv)
noxious weeds pursuant to the Weed Control Act, R.S.O. 1990, c. W.5 and any
excessive growth of other weeds, grass and bushes
v)
wrecked, dismantled, inoperative, discarded or unlicensed vehicles, bo at s, trailers,
boat trailers, fifth wheel trailers and machinery or parts thereof, except in an
establishment licensed or authorized to conduct a salvage, wrecking or repair business
and then only if such establishment conforms with any relevant by-laws, chapters or
statutes
vi)
dilapidated or collapsed buildings, or partially constructed structures or erections,
and the filling in or protecting of any unprotected well.
d)
The warehousing, storage or display of materials or operative equipment in any yard that
is required for the continuing operation of an industrial, business or commercial use of
the property shall be maintained in a neat and orderly fashion so as not to create a fire
or accident hazard and shall be arranged in such a manner to 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 made to be
either suitably enclosed by a visual barrier/fence of not less than 1.8 m in height and
maintained in good repair or the offensive area shall have all items removed therefrom
where no visual barrier/fence is to be erected.
2.3 Outdoor Storage of Materials - No Immediate Use
No machinery, shipping containers, trailers or parts thereof, or other objects, or materials, not
associated with the normal occupancy and use of a property, including among other things,
appliances, fixtures, paper, cartons, boxes, or building materials such as lumber, masonry
material or glass, other than that intended for immediate use on the property, shall be
stored or allowed to remain in an exterior property area.
2.4 Garbage Receptacles
Every building shall be provided with sufficient proper receptacles to contain all garbage,
ashes or waste, which accumulates on the property, and such materials shall be placed for
collection in proper receptacles in compliance with applicable laws and not allowed to
accumulate for longer than fourteen (14) days.
a)
receptacles for garbage shall be:
i) made of watertight and animal-proof construction
ii) provided with a tight-fitting cover, which may be removed only when the
receptacle is empty or is being actively loaded
iii) maintained in good condition without holes or spillage
iv) closed, or emptied, rinsed and cleaned when not in use, to prevent
the escape of offensive odour or waste.
b)
plastic bags shall be considered acceptable receptacles under subsection (a)
above provided they are:
i)
adequately secured so as to prevent spillage
ii)
not stored outdoors unless protected from access by animals or vermin
iii) otherwise are maintained in compliance with subsection (a) above
c)
paper receptacles are not acceptable under this Section, except where they are placed
inside other compliant receptacles or are placed out for collection in compliance with
applicable collection by-laws.
d)
where commercial and/or industrial on-site garbage containers are visible from a public
street or land, or residential properties, the area where the receptacles are stored shall
be screened from view.
2.5 Garbage Chutes-Rooms-Containers-Standards
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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 and
repair.
2.6 Unenclosed Porch-Balcony
Every unenclosed porch, unenclosed balcony and every exterior and common area shall be
kept free of garbage, waste and/or appliances.
2.7 Grass-Trees-Bushes-Hedges-Landscaping
a)
Grass, trees, bushes, hedges, and other landscaping shall be maintained to prevent
unsightly or unreasonable overgrowth in relation to the neighbouring environment.
b)
Grass, trees, bushes, hedges and other landscaping, non-organic ground cover and site
facilities shall be provided and maintained in living condition or a safe condition.
2.8 Ground Cover-Erosion Control
Suitable ground cover shall be provided and maintained to prevent erosion of the soil and so
as to be in harmony with the neighbouring environment. Where grass forms part of the ground
cover, it shall be re-sodded or re-seeded as often as is required to maintain the grass in a living
condition.
2.9 Lot Grading-Drainage-Surface Conditions
a)
All yards shall be provided and maintained with adequate surface water drainage,
including suitable provisions for its disposal, without causing erosion, so as to prevent
pending or the entrance of water into a basement or crawlspace.
b)
No roof, sump pump, driveway or other surface drainage, and the drainage of water from
swimming pools shall be discharged on an entranceway, walkway, sidewalk, stairs, steps
or adjacent property or onto any highway or in such a manner that it will penetrate or
damage a building, structure or private or public property or lands.
c)
Every roof drainage shall be discharged onto the ground at least one (1 m) from the
building or structure, providing that it does not adversely affect adjacent properties or
cause erosion. Lot drainage shall be contained within the limits of the premises from
which it originated until absorbed by the soil or drained to an approved swale or ditch.
d)
No fill shall be left in an uncovered state (not covered by sod, seed or agricultural crop)
on any property for longer than thirty (30) days unless the property is:
i)
a construction site for which a building permit is in effect
ii)
a property being subdivided under a subdivision agreement with the Municipality
iii)
property being actively farmed
2.10 Walkways and Driveway
a)
Surface conditions of walkways, driveways and yards shall be installed and maintained in
a safe condition with non-organic ground cover so as to:
i)
prevent ponding of storm water
ii)
not exhibit an unsightly appearance
iii)
be kept free of garbage and waste
iv)
be kept free of deep ruts and holes
v)
provide for safe passage under normal use and weather conditions day
and night
vi)
not to create a nuisance to other property
2.11 Parking Lots
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a)
Parking lots, driveways and other similar public access areas of a yard shall be maintained
so as to afford safe passage under normal use and weather conditions and be free from
health and other hazards.
b)
Parking lots, driveways and other similar public access areas of a yard shall be kept clean
and free of litter, rubbish, waste, salvage, refuse, decaying or damaged trees, branches
and limbs, objects or conditions that might create a health, fire, accident hazard or
unsightly condition.
2.12 Snow Disposal-Storage
A property owner shall cause any snow disposal site or a snow storage site on that property to
be:
a) maintained so as not to cause a hazard on the property
b) maintained in such a manner and location on a property so as to prevent a hazard,
flooding, erosion and other damage to neighbouring private or public lands
2.13 Compost Heaps
The occupant of a residential property may provide a compost heap in accordance with the
health regulations, provided that the compost pile is no larger than one square meter in area
and 1.8 meters in height and is enclosed on all sides by concrete block, wood, other suitable
material or a commercial plastic enclosed container designed for composting.
2.14 Exterior Lighting
a) Every stairway, exterior exit and entrance doorway, cellar, basement entrance or building
entrance shall have a permanently installed lighting fixture that shall be maintained in a
good working order.
b) All underground parking areas and common areas shall be illuminated so as to provide
safe passage.
c) Facilities for lighting shall be maintained in a good state of repair.
d) Outdoor lighting and indoor lighting that can be seen outdoors shall be placed and
maintained, or have barriers or shades placed and maintained, so as to prevent or block
direct illumination of the interior of a dwelling on adjacent property, regardless of whether
such dwelling has or may have shades, drapes or other interior window coverings.
2.15 Retaining Walls
All retaining walls, screen walls and ornamental walls shall be constructed of durable material
and shall be maintained in a structurally sound condition.
2.16 Wells-Cistern-Cesspool-Privy Vault-Pit or Excavation.
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 they shall be sealed or secured
as required above.
2.17 Accessory Buildings
a)
The foundations, walls, roofs and all parts of accessory buildings and other structures
appurtenant to the main building shall be:
i)
constructed with suitable materials
ii)
maintained in good repair
iii)
protected from deterioration by the application of paint or other suitable protective
material
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2.18 Fence
a)
A fence erected on a property or separating adjoining properties shall be maintained:
i) in good repair; (free from loose or insufficiently secured, rotten, warped
or broken materials.
ii) in a safe and structurally sound condition so as to be capable of
sustaining safely its own weight together with any load to which it might
reasonably be subject to.
iii) shall be free of dangerous objects
iv) reasonably plumb, unless specifically designed to be other than vertical
b)
The owner of any property used for multiple-dwelling, commercial, institutional, or
industrial purposes shall install and maintain a visual barrier not less than 1.2 meters
and not more than 2.0 meters in height where such property is used for the parking,
access, and exiting of vehicles by tenants, employees, or customers or when used
for the operation of equipment or when used for the storage of goods, or when used
for any other purpose which may detract from the enjoyment and good appearance of
an abutting residential property.
2.19 Town-Gantries-Masts-Antennae
a)
Towers, gantries, masts, antennae, and structures of similar character and any
attachment thereto shall be maintained:
i)
reasonably plumb, unless specifically designed to be other than vertical
ii)
in good repair
iii)
in a safe and structurally sound condition
2.20 Signs
A sign and any structure connected therewith shall be installed and maintained:
a)
in good repair without any visible deterioration when viewed from any property
b)
other than the property on which the sign is situated
c)
in a safe and structurally sound condition
d)
in a reasonably vertical plane unless otherwise approved by the Municipality.
An unused or discarded sign(s) shall be removed from the property or shall be stored within
a building.
2.21 Defacements
All exterior walls of a building or structure and their components, and all fences and
visual barriers shall be free from graffiti, profanity and other similar defacements.
Section 3 - Exterior Property Areas
3.1 Structural Adequacy Capacity
a)
All repairs and maintenance of property required by the standards prescribed in this
by-law shall be carried out in a manner accepted as good workmanship in the trades
concerned and with materials suitable and sufficient for the purpose.
b)
Every part of a property shall be maintained in good repair and in a structurally
sound condition so as:
i)
to be capable of sustaining safely its own weight, and any additional load to which
it may normally be subjected
ii)
to be capable of safely accommodating all normal structural movements without
damage, decay or deterioration
11
iii) to prevent the entry of moisture that would contribute to damage, fungus growth,
decay or deterioration
iv) to be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
3.2 Foundation Walls-Basements
a)
all foundation walls and the basement, cellar or crawl space floors shall be maintained
in good repair and structurally sound.
b)
every basement, cellar and crawl space in a property shall be maintained in a reasonably
watertight condition so as to prevent the leakage of water into the building.
3.3 Exterior Walls-Surface-Cladding-Masonry
All exterior walls and surfaces of every building or structure shall be sound, plumb,
weather-tight, free from loose or unsecured objects and maintained in good repair:
a)
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.
b)
shall be maintained by the painting, restoring or repairing of the walls, coping or flashing,
by the waterproofing of joints and the walls themselves, by the installation of or
repairing of weather-tight finishing, or the installation of termite shields, if required.
c)
all exterior surfaces that have previously been covered with paint or other protective
or decorative materials shall be maintained in good repair and the covering renewed
when it becomes damaged or deteriorated.
d)
every part of a building, including the exterior, shall be maintained in a structurally
sound condition and so as to be capable of sustaining safely its own weight and any
additional weight that may be put on it through normal use.
3.4 Doors-Windows-Cellars-Hatchways
a)
Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic
access doors including storm and screen doors and storm windows shall be maintained
in good working order, good repair, in a safe condition and shall be of such
construction so as to prevent the entrance of wind, snow or rain into the building and
to minimize heat loss through infiltration.
b)
At least one entrance door in every dwelling unit shall have hardware so as to be
capable of being locked from inside and outside the dwelling unit.
c)
All windows are capable of being opened.
d)
All windows capable of being opened shall be equipped with a screen to prevent the
passage of insects, and the screen shall be maintained in good condition.
3.5 Window Screens
a)
When an exterior opening is used or required for ventilation or illumination and is not
required to be protected by a door, window or similar closure, it shall be protected with:
i) mesh screening, metal grills, or other equivalent durable rust-proof material
ii) other protection so as to effectively prevent the entry of rodents, large insects
or vermin
3.6 Canopies-Marquees-Awnings
12
All canopies, marquees and awnings shall be properly anchored so as to be kept in safe
and sound condition and shall be protected from decay and rust by a periodic application
of weather-coating material.
3.7 Roof
a)
Every roof and all of its components shall be maintained in good repair and in a safe
and structurally sound condition.
b)
Without restricting the generality of this Section, such maintenance includes:
i)
removal of loose, unsecured or rusted objects or materials
ii)
removal of dangerous accumulations of snow or ice
iii)
keeping roofs and chimneys in water-tight condition so as to prevent leakage of
water into the building
iv)
keeping all roof-related structures plumb unless specifically designed to be other
than vertical
3.8 Eavestrough Systems-Metal Ducts-Flashing
a)
Eavestrough, roof gutter, rainwater pipe, downspouts, flashing, and all exterior ducts
shall be properly secured free from loose or unsecured objects, free from obstructions
and health hazards, weather-tight, free of holes and maintained in good repair.
b)
Every eave trough, roof gutter, rainwater pipe, downspout and flashing shall be
properly secured and continued to be kept in good repair, free from obstructions and
health hazards.
c)
Metal eaves troughs, rainwater pipes, flashing, and all exterior metal ducts shall be
kept free from rust by application of a suitable protective material, such as paint, and
shall be renewed when necessary.
d)
All roof drainage shall be discharged onto the ground at least 1 metre from the building
or structure, when it is physically possible to do so, providing that it does not adversely
affect adjacent properties, or cause erosion.
3.9 Chimney Flues
a)
Chimney, vent pipes, smokestacks, flues, ducts and other similar equipment shall be
constructed, installed and maintained free from obstruction and shall prevent:
i)
the entrance of smoke or gases into a building
ii)
the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures
iii)
fire, health or other hazards
iv)
any fuel-burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe or
chimney
3.10 Garage-Carport
a)
The construction between an attached or built-in garage or carport and a dwelling unit
shall provide an effective barrier to gas and exhaust fumes.
b)
A door between an attached or built-in garage and a dwelling unit shall be tight-fitting
and weather-stripped to provide an effective barrier against the passage of gases and
exhaust fumes and shall be fitted with a self-closing device.
c)
Garages and carports, including floors, shall be maintained in good repair and free
from hazards.
Section 4 Interior of Buildings, Structures and Dwellings
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4.1 Interior Structure-Columns-Seams
a)
In every building, all structural components, including but not limited to all joists,
beams, studding, and roof rafters, shall be of sound material and adequate for the load
to which they are subjected.
4.2 Walls-Ceilings
a)
Every interior surfaces and finishes of walls and ceilings shall be maintained:
i)
in good repair, a surface which is reasonably smooth, clean, tight and
easily cleaned
ii)
free of holes, cracks, loose plaster or other material
iii)
in a safe condition
iv)
so as to possess the fire-resistant properties required by the Building and Fire
Codes.
v)
In any bathroom containing a bathtub or shower, wall surfaces shall be maintained
as water-resistant and readily cleanable to the minimum heights or size
requirements prescribed by the Ontario Building Code.
4.3 Floors
a)
Every floor shall be smooth and level and maintained so as to be free of all loose,
warped, protruding, broken or rotted boards that may create an unsafe condition or
surface. Such defective floors shall be repaired or replaced.
b)
Where a floor covering has become worn or torn so that it retains dirt or may create an
unsafe condition, the floor covering shall be repaired or replaced.
c)
Every bathroom, kitchen, laundry and shower room shall have a floor covering of
water- resistant material and be capable of being cleaned.
d)
Every cellar and basement shall have a floor of concrete or other material acceptable
under the provisions of the Building Code, to ensure water drainage and to guard
against the entry of vermin.
4.4 Stairs-Handrails-Guards
a)
Every inside or outside stair and every porch or landing appurtenant to it shall be
maintained so as to be free of holes, cracks and other defects which constitute accident
hazards.
b)
All handrails and balustrades, stairways, fire escapes, balconies, landings and porches
and similar appurtenances shall be maintained in good repair so as to be free of holes
and other defects which constitute accident hazards, shall be properly anchored so as
to be kept in a safe and secured condition, shall be structurally sound for the loads
imposed through their normal use and, if metal, shall be protected from rust or similar
decay by a periodic application of paint.
c)
Handrails shall be installed and maintained in good repair on all exterior stairs that
have more than 3 risers and on all interior stairs within dwelling units that have more
than 2 risers.
4.5 Elevators
a)
Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans, shall be maintained in good repair and
operational condition.
b)
All elevating devices, including elevators, dumb-waiters, hoists, escalators, incline lifts
and other elevating devices, shall be installed and maintained:
14
i)
in good working order and good repair
ii)
in a safe condition
4.6 Means of Egress
a)
Every building, structure or dwelling unit/house 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.
b)
Exterior stairs and fire escapes shall be maintained in a safe state of repair and kept
free of ice and snow.
c)
The passage required as egress from one dwelling unit/house shall not pass through
any other dwelling unit.
d)
In every multi-residential dwelling where a security locking-and-release system has
been provided in the front or rear lobby for the entrance into the multiple dwelling and
that system is controlled from each dwelling unit, such system shall be maintained in
good repair and in an operating condition.
e)
Where a non-residential building contains dwelling units located at other than grade level,
there shall be a secondary means of continuous and unobstructed egress from such
dwelling units.
f)
All means of egress within a non-residential property shall be maintained free from
all obstructions or impediments.
i)
provided with clear, unobstructed and readily visible exit signs for every
required exit
ii)
provided with lighting facilities capable of illuminating the means of egress to
ensure the safe passage of persons exiting the building.
4.7 Heating
a)
Every residential dwelling shall have heating equipment capable of maintaining a
temperature of not less than 22°Celsius in all living spaces as per Section 9.33 of the
Ontario Building Code.
b)
It is the responsibility of the owner that all heating and mechanical systems, and their
components, be installed, operational and maintained in good working order.
c)
Only heating equipment approved for use by a recognized standards and testing
authority shall be provided in a room used or intended for use for sleeping purposes.
d)
No rental residential dwelling unit shall be equipped with portable heating equipment as
the primary source of heat.
e)
Solid fuel burning appliances shall conform to the standards as set out in the Building
Code. Fireplaces and similar construction used or capable of being used for burning
fuels in open fires shall be connected to approved chimneys and shall be installed so
as not to create a fire hazard to nearby or adjacent combustible materials and structural
members.
f)
If heating equipment burns solid or liquid fuel, a storage place or receptacle for the fuel
shall be provided in a safe place and maintained in a safe condition.
g)
Fuel-burning equipment shall be vented to a flue by means of rigid connections
leading to a chimney or a vent or flue. All flues shall be kept clear of obstructions.
h)
Every chimney, smoke pipe and flue shall be maintained so as to prevent gas
from leaking into the building.
15
4.8
Air Conditioning
a)
Air conditioners shall be equipped with adequate devices for the prevention of
condensation drainage onto entrance areas, sidewalks or pathways and shall be
maintained in a safe mechanical and electrical condition.
b)
Cooling water from water-cooled equipment shall not be discharged on driveways,
walkways or other areas used for pedestrian or vehicular traffic, or in such a manner
that it may cause damage to the walls, foundations or other parts of a building.
c)
The discharge of cooling water from all water-cooled equipment shall be made to a
proper drainage system and shall be connected in accordance with all applicable
governmental regulations.
4.9 Electrical
a)
Every dwelling and dwelling unit shall be wired for electricity and shall be connected
to an approved electrical supply system. An adequate supply of electrical power shall
be available in all occupied parts of every dwelling, suite and building.
b)
The connection to the building and the system of circuits and outlets distributing the
electrical supply within the building shall provide adequate capacity for the use of the
building, and such connections, circuits, wiring and outlets along with any fuses, circuit
breakers and other appurtenances thereto, shall be installed and maintained in good
working order.
c)
Extension cords are not permitted on a permanent basis.
4.10 Ventilation
a)
Ventilation shall be provided to and maintained and operated in all rooms and spaces
within a building so as to prevent accumulations of heat, dust, fumes, gases, including
carbon monoxide, vaupors and other contaminants which may create a fire,
explosion, toxic hazard or health hazard.
b)
Every ventilation system shall be cleaned regularly and maintained:
i)
in good working condition and good repair
c)
When an exterior opening is used or required for ventilation and is not required to be
protected by a door, window or similar closure, it shall be protected with screens in
accordance with this Bylaw.
d)
An opening for natural ventilation may be omitted from a bathroom or toilet room
where a system of mechanical ventilation has been provided.
e)
Every basement, cellar, unheated crawl space and attic shall be vented, and such
vents shall be designed and maintained to prevent entry of snow, rain, rodents and
insects:
4.11 Lighting
a)
Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen,
hall, cellar, basement, laundry, furnace room and non-habitable work room in a
suite, dwelling unit or building shall have a permanently installed lighting fixture that
shall be maintained in a safe condition and in good working order.
b)
Lighting equipment shall be installed throughout every property to provide adequate
illumination for the use of each space so as to provide safe passage.
4.12 Plumbing
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a)
All plumbing, drainp i p e s , water pipes and plumbing fixtures in every building and
every connecting line to the sewage system shall be maintained in good working
order and free from leaks and defects and all water pipes and appurtenances thereto
shall be protected from freezing.
b)
Plumbing systems on a property shall be provided, installed and maintained:
i)
in compliance with the respective requirements of any applicable Act or
by-law
ii)
in good working order and good repair
iii) in a safe condition
iv) all plumbing fixtures shall be connected to the sewage system through water
seal traps
4.13 Water Supply
a)
Every dwelling and every building to which water is available under pressure through
piping shall be provided with:
i)
maximum temperature of hot water supplied fitting to fixtures in a residential
occupancy shall not exceed 49 degrees Celsius
ii)
piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area
iii)
piping for cold water connected to every toilet and hose bib
4.14 Sewage System
a)
Every plumbing fixture in every building shall discharge the water, liquids or sewage
into drainage piping, which shall be connected to a municipal sewage system, or a
system approved by the authority having jurisdiction and in accordance with all
applicable law.
b)
Sewage or organic waste shall not be discharged to the surface of the ground,
but into a sewage system where such a system exists. Where a sewage system
does not exist, sewage or organic waste shall be disposed of in a manner according
to the Ontario Building Code.
c)
The land in the vicinity of a sewage system shall be maintained in a condition that
will not cause damage to, or impair the functioning of, the sewage system.
4.15 Vermin Control
Every property shall be maintained so as to be free from vermin and conditions that may
promote an infestation at all times.
Section 5 Additional Requirements for Residential Occupancy
5.1 Occupancy Standards
a)
A non-habitable room shall not be used as a habitable room.
b)
No kitchen shall be used as a bedroom.
c)
No basement or portion thereof shall be used as a dwelling unit, unless it meets the
following requirements:
i)
access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room
ii)
each habitable room shall comply with all the requirements for ingress,
egress
17
iii)
light and ventilation and set out in this By-law
iv)
floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water
5.2 Toilet and Bathroom Facilities
a)
Every dwelling unit shall contain plumbing fixtures in good repair and in an operative
condition, consisting of a minimum of one toilet, one sink, and one bathtub or shower.
b)
All bathrooms and toilet rooms shall be located within and accessible from
within the dwelling unit.
d)
All bathrooms and toilet rooms shall be fully enclosed and maintained so as to
provide privacy for the occupant.
e)
No toilet or urinal shall be located within a bedroom or a room that is used for
the preparation, cooking, storing or consumption of food.
Section 6 Non-Residential Property Standards
6.1
Yards
a)
every owner, and every occupant in that part of non-residential property that is
occupied or controlled by the occupant, shall maintain to the standards as described
in Part 2 of this by- law and:
i)
in a sanitary and safe condition, free from litter, refuse and waste including
such litter and refuse as may be left by customers or other members of the
general public and shall provide containers for the disposal of such litter or
refuse
ii) free from objects conditions which are health, fire or safety hazards
iii) free from rodents, insects or vermin
6.2
Means of Egress
a)
All means of egress within a non-residential property shall be:
i)
maintained free from all obstructions or impediments
ii)
provided with clear, unobstructed and readily visible exit signs, for every
required exit, and
iii) provided with lighting facilities capable of illuminating the means of egress
6.3
Guardrails
A guard shall be installed and maintained in good repair on the open side of any stairway or
ramp containing three (3) or more risers including the landing or a height of 600 mm
between adjacent levels. A handrail shall be installed and maintained in good repair in all
stairwells. Guardrails shall be installed and maintained in good repair around all landings,
porches, balconies. Guardrails, balustrades and handrails shall be constructed and
maintained rigid in nature.
6.4
Separations
Every dwelling unit shall be maintained and protected so as to prevent the passage of noxious
fumes and gases from a part of the building that is not used for human habitation into other
parts of the dwelling unit.
6.5
Ventilation
a)
All non-residential properties shall be adequately ventilated by natural or mechanical
means and with regard to the operations carried on therein, to ensure that persons
within the property are not exposed to conditions deleterious to their health or safety.
18
b)
Ventilation shall be provided for every locker room, clothes drying room and room in
which plumbing fixtures are installed, either by means of natural ventilation through
openings directly to the outside air or by means of mechanical ventilation, which
ventilation will ensure a complete change of air within the rooms at least once per hour.
c)
Mechanical ventilating equipment and the supports for each equipment shall be
maintained in good repair and in safe mechanical condition.
6.6 Lighting
All non-residential establishments shall install and maintain sufficient windows, skylights, and
lighting fixtures necessary for the safety of all persons attending the premises.
6.7 Salvage Yard
Salvage yards shall be effectively screened from public view by a visual barrier and
maintained in good repair.
Section 7 Vacant-Damaged-Demolition
7.1 Vacant Land
a)
Vacant land shall be maintained to the standards described in Part 2 of this by-law.
b)
Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
7.2 Vacant Building
a)
If any building is unoccupied, the owner or the agent shall protect every such building
against the risk of fire, accident, or other hazard and shall effectively prevent the
entrance thereto of all unauthorized persons.
b)
The owner or agent of a vacant building shall board up the building to the satisfaction
of the Property Standards Officer by covering all openings through which entry may
be obtained with at least 12.7 mm weatherproof sheet plywood securely fastened to
the building and painted a color compatible with the surrounding walls.
c)
If a building remains vacant for a period of more than ninety (90) days, the owner or
agent thereof, shall ensure that all utilities serving the building are properly disconnected
or otherwise and secure the building to prevent accidental or malicious damage to the
building or adjacent property, but this provision shall not apply where such utilities are
necessary for the safety or security of the building.
7.3 Damage by Fire-Storm-Other Causes
a)
In the event of fire or explosion, damaged or partially burned material shall be removed
from the premises, except that such material may be temporarily stored within the
barricaded damaged building or structure, provided that such storage does not exceed
ninety (90) days.
b)
Fire damaged buildings, or portions thereof, shall be repaired to their original condition
or shall be demolished accordingly.
7.4 Demolish Building
a)
Where a building, accessory building, fence or other structure is demolished, the
property shall be cleared of all rubbish, waste, refuse, masonry, lumber, wood, and other
materials and left in a graded and levelled condition.
19
b)
Where a building, accessory building, fence or other structure is being demolished,
every precaution shall be taken to protect the adjoining property and members of the
public. The precautions to be taken include the erection of fences, barricades, covered
walkways for pedestrians and any other means of protection necessary for the
protection of the adjoining property and members of the public.
Section 8 Administration and Enforcement
8.1 General
a)
This By-law shall apply to all property within the limits of the Municipality.
b)
The metric measurements contained in this By-law are given for reference
only.
c)
All complaints received regarding Property Standards issues shall be in writing and
signed.
d)
All service, use and activity charges shall be established pursuant to the Municipality's
Fees and Charges By-law.
8.2 Non-compliance
a)
The owner of any property which does not conform to the standards as set out in this
by-law shall repair and/or maintain said property to comply with the standards, or the
property shall be cleared of all buildings, structures, waste or refuse and
left in a levelled and graded condition.
b)
The Property Standards Officer may, at his/her sole discretion, issue informal notices of
infraction to the owner of any property which does not conform to the standards as set out
in this by-law and request such repair and/or maintenance of said property.
c)
Where the Property Standards Officer is satisfied that, in some respect, any property does
not comply with the standards as set out in this by-law and where informal compliance
requests have been unsuccessful, an Order in accordance with the Building Code Act will
be issued. A fee in accordance with the Municipality's Fees and Charges By-law will be
charged when an Order is issued.
d)
Where any person fails to comply with an order issued, the Municipality may cause the
required work to be done at the cost of the registered owner of the property. The cost
of such work may be recovered by action or by adding the costs to the tax roll and
collecting them in the same manner as property taxes as a priority lien.
8.3 Orders
a)
Every Officer who finds that a property does not conform with any of the standards
prescribed in this By-law, may make an order pursuant to the provisions of Section 15 of
the Building Code Act.
b)
An owner or occupant who has been served with an order made under subsection
15.2(2) and who is not satisfied with the terms or conditions of the order may appeal to
the committee by sending a notice of appeal by registered mail to the secretary of the
committee within fourteen (14) days after being served with the order.
c)
Each person who initiates an appeal of an Order made under Section 15.2(2) of the
Ontario Building Code Act, R.S.O. 1992, c 23, shall submit a Notice of Appeal in the time
frame and the manner as prescribed in section 15.3(1) of the Act.
d)
Every order shall be deemed confirmed where an appeal has not been filed within the
prescribed period.
20
e)
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.
f)
Failure to comply with the requirements of an order shall constitute an offence pursuant
to section 36 of the Building Code Act, S.O. 1992, c.23, as amended.
g)
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.
h)
All costs incurred by the Municipality under clause (f), may be recovered as taxes upon
the property.
i)
If a Notice or Order is served by registered mail, the service shall be deemed to have
been made on the fifth day after the day of mailing.
8.4 Officers
The Council of the Municipality of Northern Bruce Peninsula shall appoint a Property
Standards Officer(s) to be responsible for the administration and enforcement of this by-law.
8.5 Conflicts-By-Laws-Standards-Regulations
a)
Where a provision of this Chapter conflicts with the provisions of another by-law, Act
and/or regulation in force within the Municipality, the provision, which establishes the
higher standards to protect the health, safety and welfare of the occupants and the
general public, shall prevail.
Section 9 Validity
a)
If any provision or article of this By-law is for any reason found to be invalid by a
court of competent jurisdiction, the provision or article found to be invalid shall be
severed from the Chapter and the remaining provisions or article shall remain in effect
until repealed.
Section 10 Penalty
a)
An owner who fails to comply with an order that is final and binding under this By-
law is guilty of an offence under Section 36(1) of the Building Code Act, S . O . 1992,
c. 23 and is liable to a penalty or penalties as set out in Section 36 of that Act.
b)
Every person who contravenes the provisions of this By-law is guilty of an offence and
upon conviction thereof is liable to a penalty as provided for in Section 61 of the
Provincial Offences Act as amended from time to time.
c)
No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer in the
performance of the Officer's duties, right, functions, powers, or authority under this By-
law.
d)
Where an Officer has reasonable grounds to believe that an offence under this By-law
has been committed by a person(s), the Officer may require the name, address, and
proof of identity of that person(s) and every person(s) shall supply the required
information.
e)
No person shall obstruct the visibility of an Order, and no person shall remove a copy of
an Order posted under this by-law unless authorized to do so by an Officer.
Section 11 Severability
It is hereby declared that each and every of the foregoing provisions of this By-law is severable
and that, if any provisions of this By-law should, for any reason, be declared invalid by any
21
Court, it is the intention and desire of this Council that each and every of the remaining
provisions hereof shall remain in full force and effect.
Section 12 Transitional Rules
After the date of the passing this By-law, By-law No 2018-36, 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.
Section 13 Property Standards Committee
a)
Council shall appoint by by-law no fewer than three (3) persons, from the Municipality
at large, to the Property Standards Committee for a term of office concurrent with
Council.
b)
Each member of the Property Standards Committee, appointed by Council, shall be
entitled to compensation in accordance with the Municipality's Fees and Charges
By-law for his/her attendance at Committee meetings.
c)
Every person who initiates an appeal of an Order made under Section 15.2(2) of the
Ontario Building Code shall submit a Notice of Appeal in the timeframe and in the manner
as prescribed in Section 15.3(1) of the Act. All Notices of Appeal shall be accompanied
by a non-refundable appeal fee payment as set out in the Municipality's Fees and
Charges By-law.
Section 14 - Short Title
This By-law shall be referred to as the Property Standards Bylaw.
Section 15 Repeal
This By-law no. 2018-36 is hereby repealed.
Section 16 - Effective Date
This by-law shall come into force and effect on May 1, 2026.
Read A First, Second and Third Time and finally passed This 26th Day of January 2026.
Original document signed by Mayor, Milt McIver, and Clerk, Alexandra Croce.
22
Part 1 Provincial Offences Act
The Corporation of the Municipality of Northern Bruce Peninsula
By-law 2026-08: Property Standards Bylaw
Item Column 1
Short Form Wording
Column 2
Offence Creating or
defining offence
Column 3
Set Fine
1
Fail to comply with Property
Standards Order
Section 10 (a)
$900.00
2
Obstruct, hinder or otherwise
interfere with an Officer
Section 10 (c)
$900.00
3
Fail to provide required information
Section 10 (d)
$900.00
4
Obstruct visibility of an Order -No
Authorization
Section 10 (e)
$900.00
Note: The penalty provisions for the offences indicated above is/are Section 10 of by-
law No. 2026-08, a certified copy has been filed.
23
Part 1 Provincial Offences Act
The Corporation of the Municipality of Northern Bruce Peninsula
By-law 2026-08: Property Standards Bylaw
Item Column 1
Short Form Wording
Column 2
Offence Creating or
defining offence
Column 3
Set Fine
1
Fail to comply with Property
Standards Order
Section 10 (a)
2
Obstruct, hinder or otherwise
interfere with an Officer
Section 10 (c)
3
Fail to provide required information
Section 10 (d)
4
Obstruct visibility of an Order -No
Authorization
Section 10 (e)
Note: The penalty provisions for the offences indicated above is/are Section 10 of by-
law No. 2026-08, a certified copy has been filed.