This is the exact embedded text of the captured official document.
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original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
As amended by By-law 77-2006, 93-2013, 3-2014, 37-2017, 98-
2019, 132-2019, 90-2020, 136-2021, 44-2022, 96-2022, 89-2024,
153-2024, 79-2025, and 90-2025
By-Law 1-2002
of The Corporation of the City of Oshawa
SECTION 1 ADMINISTRATION, INTERPRETATION AND ENFORCEMENT
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1.1 Short Title
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1.2 Scope
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1.3 Enforcement
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1.4 Compliance
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1.5 Severability
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1.6 Compliance with other By-Laws and Regulations
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1.7 Number
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1.8 Headings
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1.9 Numbering System
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1.10 Measurements
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1.11 Use and Occupancy
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1.12 And/Or
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1.13 References to Legislation
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1.14 Repeal of Existing By-Law (136-2021)
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1.15 Effective Date
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1.16 Transitional Rules
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1.17 Certificate of Compliance
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1.18 Property Standards Committee
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1.19 Fees and Charges
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SECTION 2 DEFINITIONS
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SECTION 3 GENERAL DUTIES AND OBLIGATIONS
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3.1 Repairs and Workmanship
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SECTION 4 PROPERTY MAINTENANCE, WASTE MANAGEMENT, AND ACCESSORY
BUILDINGS OR STRUCTURES AND HAZARDS
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4.1 Property
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4.2 Surface Conditions
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4.3 Sewage and Drainage
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4.4 Compost Heaps
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4.5 Refuse Storage and Disposal
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4.6 Accessory Buildings or Structures
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2
4.7 Gantries and Antennas
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4.8 Swimming Pools, Hot Tubs and Ponds
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4.9 Hoarding
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SECTION 5 BUILDING STANDARDS
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5.1 Structural Soundness
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5.2 Building Envelope
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5.3 Exterior Walls and Attachments
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5.4 Roofs and Roof Structures
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5.5 Doors, Windows and Skylights
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5.6 Verandahs, Porches, Decks, Loading Docks, Balconies, Stairs, Guards and Handrails
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5.7 Interior Walls, Ceilings and Floors
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5.8 Common Areas
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5.9 Recreational Facilities
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5.10 Underground Parking Garages
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5.11 Artificial Lighting
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5.12 Pest Prevention and Control
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SECTION 6 STANDARDS FOR RESIDENTIAL OCCUPANCY
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6.1 Application
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6.2 Minimum Standards Required for Human Habitation
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6.3 Minimum Required Floor Area for Dwelling Units
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6.4 Minimum Required Floor Areas for Lodging Units
Error! Bookmark not defined.
6.5 Minimum Floor to Ceiling Height for Habitable Rooms
21
6.6 Kitchen Facilities
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6.7 Toilet and Washroom Facilities
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6.8 Ventilation
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6.9 Natural and Artificial Lighting
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6.10 Egress Windows
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SECTION 7 STANDARDS FOR BUILDING SERVICES, SYSTEMS AND FACILITIES
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7.1 Heating, Ventilation and Mechanical Systems
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7.2 Plumbing and Drainage Systems
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7.3 Electrical Service
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7.4 Disconnected Utilities
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7.5 Fire Escapes
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7.6 Elevating Devices
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3
7.7 Building Security/Access Voice Communications
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7.8 Emergency Contact In Apartment Buildings
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SECTION 8 VACANT BUILDINGS
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8.1 Vacant Buildings
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SECTION 9 DESIGNATED HERITAGE PROPERTIES
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4
Consolidated By-law 01-2002
of The Corporation of the City of Oshawa
This consolidated by-law is made available for information and convenience purposes only. For
accuracy, By-law 01-2002 along with amending By-laws 77-2006, 93-2013, 3-2014, 37-2017,
98-2019, 132-2019, 90-2020, 136-2021, 44-2022, 96-2022, 89-2024, 153-2024, and 79-2025
should be reviewed.
Being a by-law to regulate and govern the standards for the maintenance and occupancy of
property within the City of Oshawa.
Recitals
1.
Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.23, authorizes the passing of
a By-law for prescribing standards for the maintenance and occupancy of property.
2.
The Council for the City of Oshawa deems it desirable to enact and pass a By-law for
prescribing standards for the maintenance and occupancy of property within the City, for
prohibiting the occupancy or use of such property that does not conform with the
Standards and for requiring property that does not conform with the Standards to be
Repaired and maintained to conform with the Standards or the site to be cleared of all
Buildings, Structures, debris or refuse and left in a graded and leveled condition. (79-2025)
3.
The Official Plan for the City of Oshawa includes provisions relating to property conditions.
4.
Section 391 of the Municipal Act, 2001, S.O. 2001 c. 25, as amended, authorizes the
passing of a by-law imposing fees and charges.
(136-2021)
Therefore, it is enacted as a by-law of the Corporation of the City of Oshawa by the Council
thereof as follows:
Section 1 Administration, Interpretation and Enforcement
1.1
Short Title
1.1.1 This By-law may be cited as the "Property Standards By-law".
1.2
Scope
All Property
1.2.1 This By-law applies to all Property in the City of Oshawa unless otherwise indicated
herein.
(79-2025)
1.3
Enforcement
Property Standards Officers
1.3.1 The Council of the City of Oshawa shall appoint Officers from time to time to be
responsible for administering and enforcing By-laws passed under section 15.1 of the
Building Code Act including this By-law.
(136-2021)
1.4
Compliance
Comply with Standards
1.4.1 No Owner or Occupant shall use or occupy or permit to be used or occupied any
Property that does not conform with the Standards.
1.4.1.1. Notwithstanding the foregoing, where the Property does not conform with the
Standards due to alternative or acceptable solutions previously accepted by
the City under the Ontario Building Code, where proven by the Owner to the
satisfaction of the City, the alternative or acceptable solution shall prevail to
the extent the alternative or acceptable solution does not conform with the
Standards.
(79-2025)
5
Repair or Demolish
1.4.2 The Owner of any Property that does not conform to the Standards shall Repair the
Property to conform to the Standards or, alternatively, shall clear the Property of all
Buildings, Structures, debris and refuse and shall leave the Property in a graded and
leveled condition. The Owner shall obtain a building permit for the demolition of any
Buildings or Structures as required by the City.
(79-2025)
Contravention
1.4.3 A Person has failed to comply with this By-law if they have contravened any provision or
Standard of this By-law.
(44-2022)
Administrative Monetary Penalties
1.4.4 A Person has contravened this By-law if they have failed to comply with an order of an
Officer under subsection 15.2(2) of the Building Code Act, as deemed confirmed or as
confirmed or modified by the Property Standards Committee, or a judge under section 15.3
of the Building Code Act.
(44-2022)
1.4.5 Administrative Penalty Process By-law 63-2013, as amended applies to each
administrative penalty issued pursuant to this By-law.
(44-2022, 153-2024)
1.4.6 Each Person who contravenes any provision of this By-law or fails to comply with an Order
issued in accordance with this By-law, shall, upon issuance of a penalty notice in
accordance with Administrative Penalty Process By-law 63-2013, as amended, be liable to
pay to the City an administrative penalty. If a Person receives a penalty notice in
accordance with the City's Administrative Penalty Process By-law for a contravention of
the Property Standards By-law, the following tiered penalty system applies:
(a)
if the Person has not received a penalty notice for the same contravention within one
(1) calendar year or less, the Person shall be liable to pay to the City a tier one (1)
administrative penalty amount for that contravention in the amount of $250.
(b)
if the Person receives an additional penalty notice for the same contravention of the
Property Standards By-law within one (1) calendar year or less from the date of the
penalty notice containing a tier one (1) administrative penalty amount, the Person
shall be liable to pay to the City a tier two (2) administrative penalty amount for that
contravention in the amount of $350.
(c)
if the Person receives a subsequent penalty notice for the same contravention of the
Property Standards By-law within one (1) calendar year or less from the date of the
penalty notice containing a tier two (2) administrative penalty amount, the Person
shall be liable to pay to the City a tier three (3) administrative penalty amount for that
contravention in the amount of $500.
(d)
If the Person receives any subsequent penalty notices for the same contravention of
the Property Standards By-law within one (1) calendar year or less from the date of
the penalty notice containing a tier three (3) administrative penalty amount, the
Person shall be liable to pay to the City a tier three (3) administrative penalty amount
for that offence in the amount of $500.
(136-2021, 44-2022, 153-2024)
1.4.7 The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, does not apply to a penalty
notice issued in accordance with Administrative Penalty Process By-law 63-2013, as
amended.
(44-2022, 153-2024)
Offences
1.4.8 Every Person who fails to comply with an Order, direction, or requirement made under the
Building Code Act is guilty of an offence, and, upon conviction, is liable to penalties as
provided in the Building Code Act.
(44-2022)
1.5
Severability
1.5.1 If one or more provisions of the Property Standards By-law 1-2002, as amended, as
amended, are found to be invalid, illegal, inoperative, unenforceable or void by any court
6
or tribunal of competent jurisdiction, in whole or in part, or in the particular circumstances,
the remaining terms and provisions of the By-law shall be deemed to be severable from
the part so found and shall remain in full force and effect.
(136-2021, 153-2024)
1.6
Compliance with other By-Laws and Regulations
No Reduction of Authority
1.6.1 This By-law shall not be construed to reduce or mitigate any restrictions or regulations
lawfully imposed by the City or by any governmental authority having jurisdiction to make
such restrictions or regulations.
Conflict
1.6.2 If there is a conflict between a provision in this By-law and a provision of any other City
by-law, the provision that establishes the highest standard to protect the health, safety
and welfare of the general public shall apply.
1.7
Number
Singular and Plural
1.7.1 In this By-law, unless the contrary intention is indicated, words used in singular shall
include the plural and vice versa.
(136-2021)
1.8
Headings
Headings and Parentheses
1.8.1 The headings of sections, subsections and articles in this By-law and the descriptive
margin on the left are inserted for ease of reference only and do not form a part of nor
affect the interpretation of this By-law. Subject to Article 1.10.1, language within
parentheses do form a part of this By-law.
1.9
Numbering System
Explanation
1.9.1 The numbering system for sections, articles and sentences for this By-law is explained as
follows:
Each "section" is numbered with an Arabic numeral. The second Arabic numeral
following the first (separated by a decimal) describes the "subsection". The third Arabic
numeral (where one appears) following the second (separated by a decimal) describes
the "article." Clauses, lists of items, provisions or requirements within subsections or
articles are defined by alphabetic characters enclosed by parentheses.
For illustrative purposes, an example is:
Section 5:
Building Standards
Subsection 5.5:
Doors, Windows and Skylights
Article 5.5.3:
Maintenance includes:
5.5.3(b):
reglazing cracked, broken or missing glass
1.10 Measurements
Metric
1.10.1 Where this By-law provided metric and imperial units of measure, the metric unit of
measure shall prevail. For convenience only, approximate imperial measurements have
been provided in parenthesis but are of no force or effect. The abbreviation "mm" stands
for millimetres, "m" stands for metres, "m2" stands for square metres, "m3" stands for
cubic metres, "ha" stands for hectares, and "C" stands for Celsius.
(136-2021)
7
1.11 Use and Occupancy
Interpretation
1.11.1 In this By-law, unless the context requires otherwise, the verb "use" shall include "design
to use", "permit to use and "permit the use of" and the verb "occupy" shall include "design
to occupy", "permit to occupy", "permit the occupancy of" and "design for occupancy".
1.12 And/Or
Interpretation
1.12.1 The word "and" is an inclusive conjunction, the use of which indicates that all items or
phrases in the subsection, article, or list in which it appears are permitted or required, as
the case may be. The word "or" is an alternate conjunction, the use of which indicates
that alternate or optional items or phrases in the subsection, article or list in which it
appears are permitted or required, as the case may be; however, notwithstanding the
foregoing, where the context permits, the word "or" may also be an inclusive conjunction
having the same meaning as the word "and".
1.13 References to Legislation
Ontario Legislation
1.13.1 All references in this By-law to names of Acts of the Legislature are (unless otherwise
noted) references to the Revised Statutes of Ontario, 1990 edition. Similarly, all
references in this By-law to names of Regulations are (unless otherwise noted)
references to the Revised Regulations of Ontario, 1990 edition. All references to Acts of
the Legislature, Regulations and By-laws include applicable amendments, including an
implied reference to successor Acts, Regulations and By-laws.
1.14 Repeal of Existing By-Law
(136-2021)
Repeal of Existing By-laws
1.14.1 On the date that this By-law comes into force, By-laws 136-79, 156-79, 63-80, 136-91,
85-92, and 91-98 shall be repealed.
1.15 Effective Date
In Force
1.15.1 Subject to Article 1.16.1, this By-law, as amended, shall come into force on the date of
passage by Council.
(136-2021)
1.16 Transitional Rules
1.16.1 After the date of the passing of this By-law, By-laws 136-79, 156-79, 63-80, 136-91, 85-
92, and 91-98 shall apply only to those Properties in which an Order has been issues
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.
(136-2021, 153-2024)
1.17 Certificate of Compliance
Compliance Certificate
1.17.1 Upon payment of its fee, as prescribed by the Fees and Charges By-law 109-2024, or its
successor, the City shall issue to an Owner a certificate with respect to the Property's
compliance or non-compliance with the Standards (as the case may be).
(13-2003, 136-2021, 153-2024, 79-2025)
8
1.18 Property Standards Committee
5 Persons Appointed to Property Standards Committee
1.18.1 Council shall appoint at large (by either Resolution or By-law) no fewer than five (5)
persons of the City to the Property Standards Committee for a term of office concurrent
with that of the appointing Council.
Vacancy
1.18.2 The Council shall forthwith fill any vacancy in membership of the Committee that occurs.
Honorarium
1.18.3 Each member of the Property Standards Committee, appointed by Council, shall be
entitled to an honorarium of $75.00 per meeting for each member's attendance at
committee hearings.
(136-2021)
Appeal of Order
1.18.4 An Owner or Occupant who appeals an Order made pursuant to Subsection 15.2(2) of
the Building Code Act shall submit a Notice of Appeal in the time frame and manner as
prescribed in subsection 15.3(1) of the Building Code Act. All Notices of Appeal shall be
accompanied by a non-refundable payment for the processing of the appeal as
prescribed by the Fees and Charges By-law 109-2024, or its successor.
(136-2021, 153-2024, 79-2025)
1.19 Fees and Charges
Fee for Repeat Inspections
1.19.1 Every Owner or Occupant who has failed to comply with a confirmed Order made
pursuant to Subsection 15.2(2) of the Building Code Act, shall pay the fees set out in the
Fees and Charges By-law 109-2024, or its successor, for each inspection to determine if
contraventions of this By-law observed on an initial inspection have been corrected
where the contraventions have not been remedied by the time provided for in the said
Order.
(13-2003, 44-2022, 153-2024, 79-2025)
Notice of Fee
1.19.2 Before carrying out the re-inspection of each Property for which an Owner or Occupant
will be required to pay a fee under Article 1.19.1 (should the contravention not be
remedied by the time provided for in an Order) the City shall give the Owner or Occupant
of the Property a written notice setting out the fees payable. The notice referred to in this
Article may be included as a statement in the Order requiring an Owner or Occupant of
Property to conform with the Standards.
Idem
1.19.3 After the notice under Article 1.19.2 has been given, no further notice of the fee payable
under this Subsection is required for subsequent inspections of the same Property
relating to the Order.
Debt to City
1.19.4 Where fees are payable by an Owner or Occupant under Article 1.19.1, the fees shall
constitute a debt to the City.
Add to Tax Roll
1.19.5 The fees payable under this By-law shall be added by the Municipal Clerk to the tax roll
for any real property in the City where all of the owner(s) of that same property are
responsible for paying the fees and the City shall collect the fees in like manner as
municipal real property taxes and the fees shall have priority lien status.
9
Interest
1.19.6 Fees charged under this By-law are due and payable on the day immediately following
the day the fee is imposed or charged and shall accrue interest at the rate of 1 1/4 per
cent on the first day of default and on the first day of each calendar month thereafter in
which default continues until paid.
Section 2 Definitions
2.1
For the purpose of interpreting the provisions set forth in this By-law, the following
definitions shall apply.
"Accessory Building" means a detached Building or Structure, whether heretofore or hereafter
erected, that is commonly incidental, subordinate or secondary and exclusively devoted to the
main Building or Structure and is located on the same lot as the main Building or Structure and
which is not used for human habitation.
(79-2025)
"Access to Exit" means that part of a means of egress within a floor area that provides access
to an Exit serving the floor area.
(79-2025)
"Apartment Building" a Building or part of a Building containing three or more Dwelling Units,
including stacked townhouses, but does not include flats, Block Townhouses or Street Townhouse
Buildings. For the purpose of this definition "Dwelling Unit" means a unit consisting of one or more
rooms, which unit contains toilet and cooking facilities.
(136-2021, 79-2025)
"Appliances" means a stove, refrigerator, clothes washer, clothes dryer, dishwasher or a hot
water tank.
"Block Townhouse" means a Townhouse served by a private driveway or aisle, but does not
include a Street Townhouse Building. For the purpose of this definition "Dwelling Unit" means a
unit consisting of one or more rooms, which unit contains toilet and cooking facilities.
(136-2021, 79-2025)
"Building" means any structure consisting of a roof supported by walls or columns which is used
or intended to be used for the shelter, accommodation or enclosures of Persons, animals, goods,
chattels or equipment and includes a carport.
(79-2025)
"Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23.
"City" means The Corporation of the City of Oshawa.
"Committee" means the Property Standards Committee established by Article 1.18.1 of this By-
law.
"Dwelling" means a Building or Structure or part of a Building or Structure used for the purpose
of human habitation, and includes a Building that would be used or would be intended to be used
for such purposes, except for its state of disrepair.
(136-2021, 79-2025)
"Dwelling Unit" means that part of a Dwelling consisting of one or more Habitable Rooms, which
contains at least one Washroom and cooking facilities and that is designed for use as a single
house keeping establishment.
"Exit" means that part of a Means of Egress, including doorways, that leads from the floor area
it serves to a separate Building, an open public thoroughfare, or an exterior open space protected
from fire exposure from the Building and having access to an open public thoroughfare.
(79-2025)
"Fire Resistance Rating" means time in hours or parts thereof that an element or assembly of
material will withstand fire exposure, as determined in a fire test made in conformity with
recognized specifications, or as determined by extension or interpretation of information derived
therefrom.
"Fire Separation" means a means a construction assembly that acts as a barrier against the
spread of fire.
(136-2021)
"Ground Cover" means organic or non-organic material applied to prevent soil or sand erosion
such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
(136-2021)
10
"Guard" means a protective barrier, with or without openings through it, that is around openings
in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways, or other locations to prevent accidental falls from one level to another.
(136-2021)
"Habitable Room" means a room in a Dwelling used, designed to be used or capable of being
used for human living, sleeping, cooking or eating purposes, and is not a Washroom.
(136-2021, 79-2025)
"Heritage Attributes" has the same meaning as section 1 of the Ontario Heritage Act. (90-2020)
"Heritage Property" means a Property that has been designated under section 29 or section 34.5
of the Ontario Heritage Act, R.S.O. 1990, c. O.18, as amended or Property that is located within
an area that has been designated under section 41 of the Ontario Heritage Act, R.S.O. 1990, c.
O.18, as amended, as a heritage conservation district.
(90-2020, 136-2021)
"Improved Street" means a road allowance which has been dedicated as a public highway and
which is or will be fully maintained year round, including winter snow and ice control by the City
or the Region of Durham.
(136-2021)
"Inoperative Motor Vehicle" means a vehicle requiring bodywork, and/or having missing
components or parts, including tires or glass, and/or is in such condition that prevents its
mechanical function.
(136-2021)
"Level of Illumination" means the level of artificial lighting measured in Lux (foot candles) from
1 m (3.28 feet) above floor or grade level.
(136-2021)
"Lodging House" means a Building or part of a Building, containing three to ten Lodging Units,
which does not appear to function as a Dwelling Unit, although one may be included with the
Lodging Units. The Lodging House definition includes, without limitation, a rooming house and a
boarding house, a fraternity or sorority house. It does not include a hotel, a crisis care residence,
a hospital, a group home, a correctional group home, a bed and breakfast establishment, a
nursing home, a flat, an Apartment Building or a Block Townhouse. A Lodging House may involve
shared cooking or Washroom facilities. Meals may or may not be provided to residents. Common
areas, such as living rooms, may or may not be provided.
(136-2021, 79-2025)
"Lodging Unit" means one or more rooms within a Lodging House used or designed to be used
for sleeping accommodations. Lodging Units may contain cooking or Washroom facilities, but not
both.
"Means of Egress" means a continuous path of travel provided for the escape of persons from
any point in a Building or contained open space to a separate Building, an open public
thoroughfare, or an exterior open space protected from fire exposure from the Building and having
access to an open public thoroughfare. Means of Egress includes Exits and Access to Exits.
(136-2021, 79-2025)
"Medical Officer of Health" means the medical officer of health of the Durham Regional Health
Unit or any successor thereof.
"Municipal Sewerage System" means the system of sewers connected to any sewage treatment
plant operated by the Regional Municipality of Durham for service of the inhabitants of the City of
Oshawa.
(79-2025)
"Occupant" means any Person or Persons over the age of 18 years in possession, care or control
of the Property.
"Officer" means a Property Standards Officer appointed by the Council of the City to administer
and enforce this By-law.
"Ontario Building Code" or "OBC" means Ontario Regulation 163/24: Building Code, made
under the Building Code Act, S.O. 1992, c.23, as amended, or any successor thereof.
(136-2021, 79-2025)
"Ontario Heritage Act" means Ontario Heritage Act, R.S.O. 1990, c.O.18, as amended from time
to time.
(90-2020)
11
"Owner" includes:
(a)
the Person for the time being managing or receiving the rent of the Property,
whether on the Person's own account or as agent of the trustee of any other
Person, or who would so receive the rent if the Property were let;
(b)
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;
(c)
the registered Owner of the Property; or
(d)
a mortgagee in possession of the Property.
(136-2021)
"Person" means an individual, association, firm, partnership, corporation, trust, organization,
trustee, or agent, and the heirs, executors or legal representatives of the Person to whom the
context can apply according to law.
"Plumbing Fixture" means a receptacle or equipment that receives water, liquid or sanitary
sewage and discharges water liquids or sanitary sewage directly into drainage piping.
"Property" means a Building or Structure or part of a Building or Structure, and includes the lands
and premises appurtenant thereto, and all mobile homes, mobile buildings, mobile Structures,
outbuildings, fences and erections thereon, whether heretofore or hereafter erected, and includes
abandoned Property but does not include Property zoned under the class: Open Space in the
City's Zoning By-law 60-94, as amended, and owned, leased, managed or maintained by the City.
(153-2024, 79-2025)
"Repair" includes the provisions of facilities, the making of additions or alterations or the taking
of any other action as may be required to ensure that a Property conforms with the Standards and
"Repairs" and "Repaired" have corresponding meanings.
"Restaurant" means a Building or part of a Building where food and beverages are prepared or
offered for retail sale to the public for immediate consumption on or off the premises, including a
licensed dining lounge, food catering business, a tavern or nightclub.
(79-2025)
"Standards" means the standards for the maintenance and occupancy prescribed for Property in
this By-law.
"Street Townhouse Building" means a Townhouse with each Dwelling Unit having lot frontage
and direct vehicular access to an Improved Street that is maintained by a municipality.(136-2021)
"Street Townhouse Dwelling" means one of the Dwelling Units originally constructed in a Street
Townhouse Building.
(136-2021, 79-2025)
"Structure" means anything that is erected, and which is fixed to or supported by the soil, a
building or another structure, but does not include a Building.
(79-2025)
"Townhouse" means a Building divided vertically into at least three Dwelling Units, attached by
common walls at least 6.0m in length and at least one storey in height, in addition to any
basement, with each Dwelling Unit having a separate entrance from the outside.
(136-2021, 79-2025)
"Washroom" means that part of a Building containing one or more of a water closet, urinal,
bathtub, shower or washbasin, but does not include a washbasin located in kitchen or laundry
facilities.
(79-2025)
"Water System" means the system for supply of water from a central pumping station and tanks
and reservoirs managed and operated by the Regional Municipality of Durham for service of the
inhabitants of the City of Oshawa.
12
Section 3 General Duties and Obligations
3.1
Repairs and Workmanship
Owner Responsibility
3.1.1 An Owner shall maintain any services and facilities supplied in respect of a Property by
that same Owner and shall maintain common areas intended for the use of Occupants.
Such services and facilities may include, but are not limited to:
(a)
Appliances
(b)
parking facilities
(c)
elevator facilities and equipment
(d)
intercom systems and equipment
(e)
telephone, television cable, gas/oil, water and electricity, and their related services
and equipment
(f)
heating, ventilation and air conditioning facilities, services and equipment
(136-2021)
(g)
security services, facilities and equipment
(h)
lighting
Manner of Making Repairs
3.1.2 All Repairs and maintenance of a Property required by the provisions of this By-law shall
be carried out in a manner accepted as good workmanship in the trades concerned,
utilizing materials suitable and sufficient for the purpose and carried out in accordance
with the industry specifications and requirements.
Good Repair
3.1.3 An Owner shall maintain any services and facilities in good Repair which, without limiting
the generality of the foregoing, shall include:
(a)
structurally sound;
(b)
not broken, rusted, rotten or in a hazardous condition;
(c)
not unsightly to the extent that it would be deleterious to abutting property owners
or to the neighborhood;
(d)
in proper working order, if applicable; and
(e)
adequately protected by weather-resistant material, if applicable.
(136-2021)
Section 4 Property Maintenance, Waste Management, and Accessory
Buildings or Structures and Hazards
(136-2021)
4.1
Property
4.1.1 All Property shall be maintained in a clean and tidy condition so as not to detract from the
neighboring environment or to present a hazard to any Person or Property including
removal of:
(a)
dead or decayed trees or other natural growth, including branches and limbs
thereof, or damaged trees that create an unsafe condition; and
(b)
dilapidated, collapsed or partially constructed Structures that are not currently
under construction (for the purposes of this Article, a Structure is not currently
under construction where no lawful and substantial construction activity has taken
place on the Structures within the immediately preceding 90 days).
(3-2014, 136-2021, 79-2025)
13
4.1.2 Abandoned or unused wells and every excavation, hole, trench, or ditch that presents a
hazard to the health or safety of any Person shall be filled with fill material suitable for the
purposes of eliminating the hazard and made level with the surrounding grade. (3-2014)
4.1.3 Without restricting the generality of Article 4.1.1, "maintained in a clean and tidy
condition" includes removal of:
(a)
rubbish, rubble, waste, garbage, refuse litter, brush, debris and unused items and
objects or conditions that may create a health, fire, or accident hazard located on a
Property;
(b)
wrecked, dismantled, discarded, abandoned, unused materials, Inoperative Motor
Vehicles, furniture, appliances, dilapidated abandoned signs, machinery, trailers or
boats located on a Property unless necessary for the operation of a business
enterprise lawfully situated on that same Property.
(136-2021)
4.2
Surface Conditions
Parking Areas and Safe Passage
4.2.1 Driveways, ramps, parking areas and similar areas shall be:
(a)
surfaced, Repaired or regraded with asphalt, concrete, compacted and leveled
stone or other hard surface to provide a safe surface for pedestrian or vehicle use;
and
(136-2021)
(b)
maintained as a dust free surface by regular cleaning or application of an
environmentally safe dust control agent; and
(c)
maintained so as to provide for safe passage under normal use and weather
conditions, day or night.
(136-2021, 96-2022)
Walkways and Safe Passage
4.2.2 Walkways, exterior passageways, exterior stairs, landings and similar areas shall be:
(a)
surfaced, Repaired or regraded with asphalt, concrete, compacted and leveled
stone or other hard surface to provide a safe surface for pedestrian or vehicle use;
and
(136-2021)
(b)
maintained so as to provide for safe passage under normal use and weather
conditions, day or night.
Suitable Ground Cover
4.2.3 Suitable Ground Cover shall be provided to maintain a good appearance and to prevent
erosion of the soil and also to be in harmony with the neighboring environment.
(136-2021)
4.3
Sewage and Drainage
Sewage System
4.3.1 Sewage shall be discharged into an approved Municipal Sewerage System or private
sewage system as determined by the authority having jurisdiction over sewage collection
in the City.
(136-2021, 79-2025)
4.3.2 Sewage of any kind shall not be discharged onto the surface of the ground.
Storm Water Discharge
4.3.3 Storm water (including roof drainage) shall not directly be discharged onto sidewalks,
stairs, or adjacent Property.
(136-2021)
Ponding
4.3.4 Each Property shall be maintained so as to prevent at grade ponding covering an area of
9 m² (100 ft²) or greater, or being 30 cm (12 in) in depth at any point, and where
14
applicable, shall drain in accordance with systems approved under the Storm Sewer
Connection By-law 09-90, as amended or storm water systems as approved by the City.
(79-2025)
Catch Basin
4.3.5 Catch basins shall be kept in good Repair and free of debris or other obstructions which
could prevent water from draining.
Stagnant Water
4.3.6 No Owner shall permit or allow stagnant water to exist or occur in any location on a
Property at any time.
4.4
Compost Heaps
Compost
4.4.1 No Owner shall permit or allow the existence, occurrence or maintenance of any compost
heap or bin on a Property where that compost heap or bin emits offensive odours that
migrate off the Property.
Idem
4.4.2 No compost heap or compost heap enclosure situated on a Property shall be supported
by or touch any portion of a boundary fence.
(79-2025)
4.5
Refuse Storage and Disposal
Sufficient Receptacles
4.5.1 Every Owner shall provide and maintain sufficient receptacles to contain all garbage,
refuse, ashes, recyclable materials and trade waste that may accumulate on a Property
between the regular collection days, as designated from time to time by the City.
(136-2021)
State of Receptacles
4.5.2 Every receptacle shall be:
(a)
watertight;
(b)
manufactured and maintained to prevent the entry of insects, rodents and the
escape of odours;
(c)
shall be kept closed at all times except when garbage, refuse, ashes or trade
waste is being placed therein or removed therefrom;
(d)
maintained in a clean and sanitary condition; and
(e)
made available for prompt removal in accordance with the municipal garbage
collection by-law where applicable.
Plastic Bags
4.5.3 Plastic garbage bags shall not be stored outdoors. However, nothing in this Article shall
prevent the placement of refuse in plastic bags for collection at the curbside during the
times and days only as permitted in City refuse collection by-laws.
Apartment Buildings Garbage Rooms- Clean and Good Repair
4.5.4 In Apartment Buildings, every garbage chute, garbage compactor, garbage disposal
room, garbage storage area, garbage container or receptacle, as well as recycling
storage areas or receptacles shall be:
(a)
washed and disinfected as often as is necessary to maintain a clean and odour
free condition; and
(b)
maintained in good Repair.
(136-2021)
15
Garbage Rooms Maintained
4.5.5 Garbage disposal rooms or garbage storage areas shall be maintained so as to minimize
health hazards due to excessive accumulation of garbage and refuse or the storage of
same for a long duration by adding increased frequency of removal from the Property.
Receptacle Size
4.5.6 The Owners of all multiple Dwellings that do not have garbage disposal rooms shall
provide receptacles large enough to contain all garbage, refuse and recyclable materials.
Location of Garbage Receptacle
4.5.7 Every receptacle, if located outside of a Building, shall be located in the Rear Yard, when
space can accommodate it, or otherwise in a Side Yard, but shall not be located in a
Front Yard or an Exterior Side Yard. For the purposes of this By-law, the definitions of
Rear Yard, Side Yard, Exterior Side Yard and Front Yard shall correspond with the
definitions contained in City By-law 60-94, as amended (Zoning).
(136-2021)
Provision of Storage Space
4.5.8 Every Owner or Occupant operating within a place of business shall provide sufficient
garbage and refuse and recyclable materials storage facilities to ensure that all garbage,
refuse and recyclable materials that occurs on the Property is properly contained therein
at all times.
(136-2021)
Refuse Enclosure
4.5.9 External garbage and recycling storage areas, including areas located within a Building,
shall be enclosed by a refuse enclosure approved by the City.
(136-2021, 79-2025)
Idem
4.5.10 Notwithstanding Article 4.5.9, City approval of garbage and recycling storage areas shall
not be required for Properties containing only a detached Dwelling, semi-detached
Dwelling, Street Townhouse Dwelling, or Block Townhouse Dwelling receiving curbside
collection.
(136-2021)
Common Means of Egress
4.5.11 All common Means of Egress within a Property shall be maintained free from all
obstructions or impediments.
(136-2021)
4.6
Accessory Buildings or Structures
Accessory Building, Fences and Retaining Walls
4.6.1 Accessory Buildings, and other Structures including fences and retaining walls located
within a Property, or on the boundary line thereto, shall be structurally sound, maintained
in good Repair, free of hazards and protected by preservatives or other weather resistant
material.
4.7
Gantries and Antennas
Securely Anchored
4.7.1 Gantries, antennae and like structures located within a Property shall be securely
anchored and maintained in a structurally sound condition and in good Repair.
4.8
Swimming Pools, Hot Tubs and Ponds
Maintained in Good Repair
4.8.1 Swimming pools, hot tubs, wading pools, hydro massage pools, spas, whirlpools and
decorative ponds and (any appurtenances thereto) shall be maintained in good Repair,
free from leaks, and free from health and safety hazards.
(136-2021)
16
Pool Fences, Gates and Hardware
4.8.2 Fences or gates (and their hardware) comprising a pool enclosure shall be maintained in
good Repair, and in accordance with the City of Oshawa Pool Enclosure By-law 79-2006,
as amended.
(136-2021)
Derelict or Abandoned Pools
4.8.3 Derelict or abandoned swimming pools, whether above-ground or in-ground, shall be
drained and removed or filled and the Property left in a graded and leveled condition
(136-2021).
Draining
4.8.4 No Owner shall permit or allow water drained from swimming pools, hot tubs, wading
pools and artificial ponds to drain or migrate onto adjacent Properties.
4.9
Hoarding
Structurally Secure
4.9.1 All hoarding shall be maintained in a structurally secure manner and painted or otherwise
treated to inhibit deterioration.
Section 5 Building Standards
5.1
Structural Soundness
Structurally Sound Condition
5.1.1 Every part of a Building shall be maintained in a structurally sound condition and in good
Repair so as to be capable of sustaining safely its own weight and any additional weight
to which it may be subject through normal use. Every beam, column, joist, truss or other
structural member or assembly showing signs of deterioration or distress shall be
Repaired, reinforced or replaced.
Ontario Building Code Standards
5.1.2 Where any structural member or assembly is required to be Repaired, replaced or
reinforced under Article 5.1.1 a building permit shall be obtained (where required by the
City) prior to commencement of any remedial work.
(136-2021, 79-2025)
Objects or Materials Attached to Buildings
5.1.3 Objects or materials that are attached to or form part of a Building and which have been
broken, damaged, or that show evidence of rot or deterioration shall be removed,
Repaired or replaced. Walls, roofs and other exterior parts of the Building shall be free
from loose or unsecured objects, parts or material, and where such objects or material
exist, they shall be removed, Repaired or replaced. Repair includes the temporary
provision, installation and maintenance of substantial boarding, fencing, hoarding and
barricades or other temporary protection for no longer than 30 days.
(136-2021)
5.2
Building Envelope
Structural Soundness and Repair
5.2.1 The foundations, walls, columns, beams, decks and roofs of all Buildings on a Property
shall be maintained in a structurally sound condition and in good Repair.
Maintenance
5.2.2 Without restricting the generality of Article 5.2.1, "maintained in a structurally sound
condition and in good Repair" includes:
(a)
intentionally deleted;
(79-2025)
(b)
installing subsoil drains to overcome conditions detrimental to the Building;
17
(c)
Repairing or replacing decayed, damaged or weakened sills, piers, posts or other
supports;
(d)
grouting, waterproofing, cladding or replacing protective surfaces as necessary so
as to be weather tight;
(e)
the application of materials that are effective to preserve all wood, metal work or
other materials not inherently resistant to weathering or wear;
(f)
the restoration, or replacement of foundations, walls, columns, beams, decks,
roofs, cladding, finishes and trims; and
(g)
carrying out other work as may be required to overcome existing settlement
detrimental to the Building.
5.3
Exterior Walls and Attachments
Maintained in Good Repair
5.3.1 Exterior walls of a Building (and their components) shall be maintained in good Repair
and free from broken or loose masonry units, stucco, and other defective cladding or trim.
Paint or other suitable preservative or coating must be applied and maintained so as to
inhibit deterioration due to weather conditions, insects or other damage.
(136-2021)
Graffiti
5.3.2 Buildings and all other Structures including fences (and their components) shall be free of
painted slogans, graffiti and similar defacements.
(136-2021, 79-2025)
5.3.2.1 The graffiti and defacements referenced in subsection 5.3.2 of this By-law do not include
artwork, including graffiti, which is authorized pursuant to a program administered by the
City.
(37-2017, 136-2021, 79-2025)
Canopies and Signs
5.3.3 All canopies, marquees, signs, awnings, fire escapes, stand pipes, exhaust ducts, and
similar overhanging extensions, shall be maintained in good Repair, be properly
anchored so as to be kept in a secure and sound condition, and shall be protected from
the elements and against decay and rust by the periodic application of an effective
weather coating material (such as paint or other protective treatment).
5.4
Roofs and Roof Structures
Good Repair
5.4.1 Every roof, including related roof Structures and their components, fascias, soffits,
eavestroughs, downpipes, Guards and lightning arrestors, shall be maintained in good
Repair and securely fastened to the Building.
(136-2021)
Weathertight
5.4.2 Roofs of Buildings (and their components) shall be maintained in a weathertight
condition, free from loose or unsecured objects or materials.
Dangerous Accumulations of Ice and Snow
5.4.3 The roofs of Buildings (including Accessory Buildings) shall be kept clear of dangerous
accumulations of ice or snow.
5.5
Doors, Windows and Skylights
Performing Intended Functions
5.5.1 All doors, windows, skylights and shutters (including storm and screen doors and
windows) shall be maintained in good Repair and capable of performing their intended
functions.
18
Maintenance
5.5.2 Exterior doors, windows and skylights shall be maintained so that they are weather tight.
(136-2021)
Idem
5.5.3 Without restricting the generality of Article 5.5.1, "maintained in good Repair" includes:
(a)
the refitting, replacement or Repairing of damaged, decaying, missing or defective
doors, windows, frames, sashes, casings, thresholds, shutters, hatchways or
screens;
(136-2021)
(b)
reglazing cracked, broken or missing glass;
(c)
repairing or replacing defective or missing hardware;
(d)
weatherstripping and caulking (where such is defective or missing); and
(e)
the application of paint or a similar effective preservative to inhibit deterioration.
Prevention of Entry by Rodents or Vermin
5.5.4 When an opening in an exterior wall 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 a metal grill or other equivalent durable material so as to effectively prevent the entry
or birds, rodents, or vermin.
(136-2021)
Latching From Within
5.5.5 All openable windows and exterior doors in Apartment Buildings shall be provided with
the means of being latched or secured from within.
Doors and Hardware for Apartments
5.5.6 All openable doors and windows serving a Dwelling Unit shall be equipped with locks,
and shall be maintained in good Repair and operable condition.
(136-2021)
Screening
5.5.7 All windows in a Dwelling Unit that can be (or are required by the Standards to be)
openable shall be provided with screening to effectively prevent the entry of insects.
Window Safety in Apartment Buildings
5.5.8 In every Apartment Building, every window (or any part thereof) that is located 2 m (6.5 ft)
or more above the finished grade of land upon which it faces that is capable of being
opened and does not lead to a balcony, shall be equipped with a safety device that is
maintained and in good Repair.
(136-2021, 79-2025)
Window Safety Common Areas
5.5.9 All windows in any common area of Apartment Buildings that are greater than 2m (6.5 ft)
above the finished grade of land upon which they face (and do not lead to a balcony)
must have a Guard that complies with the OBC, if the window sill is less than 1m (3.25 ft)
from the floor.
5.6
Verandahs, Porches, Decks, Loading Docks, Balconies, Stairs, Ramps, Guards and
Handrails
(79-2025)
Maintained in Good Repair
5.6.1 Every verandah, porch, deck, loading dock, floor, stair, ramp, handrail, Guard, balcony
(and every appurtenance and surface finish attached or laid thereto) shall be maintained
in good Repair.
(79-2025)
Idem
5.6.2 Without restricting the generality of Article 5.6.1, "maintained in good Repair" includes:
19
(a)
Repairing or replacing floors, handrails, Guards, treads and risers, including
finishes such as linoleum, tile and carpet that contain depressions, protrusions or
that are broken, torn, warped, loose or otherwise defective;
(b)
Repairing, replacing or strengthening structural members that are rotted,
deteriorated or loose; and
(c)
repainting or the re-applying of other effective protective preservative.
Handrails & Guards
(79-2025)
5.6.3 Handrails and Guards for interior and exterior stairways and ramps shall be provided in
accordance with the provisions of the OBC and maintained in good Repair and in a safe
and structurally sound condition.
5.7
Interior Walls, Ceilings and Floors
Walls, Ceilings and Floors
5.7.1 Every wall, ceiling and floor shall be maintained so as to provide a continuous surface
free of holes, cracks, loose coverings or other defects.
Finish
5.7.2 A finish shall be applied to all walls and ceilings where same have been Repaired.
Water Resistant
5.7.3 The walls and ceiling around a bathtub or shower shall be water-resistant.
Water Resistant Floor
5.7.4 Every floor in a Washroom, shower room, laundry room and kitchen shall have water-
resistant flooring.
General Cleanliness
5.7.5 Every floor, wall, ceiling, furnishing, appliance, fixture and equipment in a Building
(including the interior of Dwelling Units or Lodging Units) shall be maintained in a clean
and sanitary condition and free from rubbish or other debris.
Dampness
5.7.6 Every Dwelling shall be kept free from excessive dampness and moisture.
(136-2021)
Household Garbage Storage
5.7.7 All garbage shall be stored in a sanitary manner in receptacles (as provided for in
subsection 4.5) and shall not be permitted to accumulate and remain on a Property
except in accordance with the City's Waste Collection By-law 90-2024, as amended.
(136-2021, 153-2024, 79-2025)
Fire Separations
(79-2025)
5.7.8 A Fire Separation shall be maintained in good Repair as a continuous barrier to the
spread of fire including, but not limited to, joints, edges and penetrations.
(79-2025)
5.8
Common Areas
Maintained in Good Repair
5.8.1 Common areas in Apartment Buildings, including laundry rooms, recreation rooms,
storage rooms, hallways, elevator cages and other shared facilities shall be maintained in
good Repair and kept clean and free from health, fire and accident hazards.
Free from Stains
5.8.2 Interior cladding and finishes of floors, walls, ceilings and doors of common areas shall
be kept free of stains and other defacement.
20
Main Areas
5.8.3 All mail collection areas, including mailboxes (where supplied in any Building) shall be
maintained in good Repair and kept clean.
(136-2021)
5.9
Recreational Facilities
Maintained in Good Repair
(79-2025)
5.9.1 Recreational amenities, facilities, rooms and play area surfaces and equipment provided
by an Owner shall be maintained in good Repair and in a safe condition.
(136-2021).
5.10 Underground Parking Garages
Maintained in Good Repair
(79-2025)
5.10.1 Underground parking garages shall be:
(a)
maintained in good Repair and in a clean and safe condition;
(b)
free from wrecked, discarded or abandoned machinery, boats, vehicles, trailers, or
parts thereof, etc.; and
(c)
maintained so as to prevent the accumulation of toxic fumes and the seepage
escape of toxic fumes into a Building.
(136-2021)
Security
5.10.2 Vehicular and pedestrian doors should be maintained in good Repair and fitted with
suitable security hardware in operable condition.
(136-2021)
5.11 Artificial Lighting
Emergency Lighting
5.11.1 (a) All emergency lighting shall be provided, maintained, and operated in accordance with
the requirements of the Building Code Act and the Fire Protection and Prevention Act,
1997, S.O. 1997, c. 4, as amended, and the regulations made under those Acts, and
shall not be subject to the Standards set out in this by-law.
(b) Notwithstanding the foregoing, all emergency lighting shall be maintained in good
Repair.
(79-2025)
5.11.2 Passageways and stairways in areas of employment (when in use) and corridors,
passageways, elevators, doorways, stairways and storage rooms (but not including
service, utility and laundry rooms) used by the public or tenants shall be provided with a
minimum Level Of Illumination of 50 Lux (4.6 foot candles).
(136-2021, 79-2025)
Parking
5.11.3 Parking or storage garages shall be provided with a minimum Level Of Illumination of 50
Lux (4.6 Foot candles).
Washrooms
5.11.4 Washrooms and recreation rooms used by the public and tenants shall be provided with
a minimum Level Of Illumination of 100 Lux (9.3 Foot candles).
Utility Rooms
5.11.5 Service, utility and laundry rooms used by the public and tenants shall be provided with a
minimum Level Of Illumination of 200 Lux (18.6 foot candles).
Kept in Repair
5.11.6 All artificial lighting (including exterior lighting fixtures, lamps and other supports and
connections) shall be maintained in good Repair and in a safe working condition.
21
Nuisance Lighting
5.11.7 Exterior lighting fixtures shall be installed and maintained so as to prevent the light
source from shining directly into a Dwelling.
(132-2019)
5.12 Pest Prevention and Control
Infestation
5.12.1 All properties shall be kept free of pest infestation (including rodents, vermin and insects,
reptiles, or other wild animals, pigeons, or other wild birds) and conditions that may
promote an infestation at all times.
(136-2021)
Section 6 Standards for Residential Occupancy
6.1
Application
General Application
6.1.1 The Standards prescribed by this Section apply to Apartment Buildings, Dwellings, and
Lodging Houses.
6.2
Minimum Standards Required for Human Habitation
Dwelling and Lodging Units
6.2.1 No Dwelling Unit or Lodging Unit shall be used for human habitation unless:
(a)
interior cladding and finishes of walls, ceilings and floors are maintained in
accordance with Subsection 5.7;
(b)
doors and windows are maintained in accordance with Subsections 5.5, 6.9 and
7.5;
(c)
a heating system is provided and maintained in accordance with Subsection 7.1;
(d)
the plumbing and drainage system is maintained in accordance with Subsection
7.2;
(e)
the electrical system is maintained in accordance with Subsection 7.3;
(f)
the minimum floor areas are in accordance with Subsections 6.3. or 6.4; and
(g)
the minimum headroom is in accordance with Subsections 6.5.
6.3
Minimum Required Floor Area for Dwelling Units
Dwelling Unit
6.3.1 The minimum floor areas for all rooms in a Dwelling Unit shall be in accordance with the
provisions of the OBC.
6.4
Intentionally Deleted
(79-2025)
6.5
Minimum Floor to Ceiling Height for Habitable Rooms
Ceiling Height
6.5.1 The minimum floor to ceiling height for Habitable Rooms shall not be less than 1.9m (6
ft., 5 in) over at least 50% of the floor area (as required by the Standards), provided that
any part of the floor area having a clear height of less than 1.35m (4.4 ft.) shall not be
considered in computing the required floor area.
Idem
6.5.2 Despite Article 6.5.1, a minimum height of 1.85 m (6 ft. 1 in.) shall be required for all floor
area used as a Means of Egress, except for stairs, which can be reduced to 1.8m (5 ft. 11
in.).
(136-2021, 79-2025)
22
6.6
Kitchen Facilities
Kitchen Sink/ Storage Area/ Counter/ Spaces for Stove and Refrigerator
6.6.1 Every Dwelling Unit shall contain a kitchen area equipped with:
(a)
A kitchen sink that is in good Repair, in good working order, and served with hot
and cold potable water; and
(79-2025)
(b)
Cooking and refrigeration appliances (including suitable electrical or gas
connections thereto) that are in good Repair and in good working order. (79-2025)
(c)
Intentionally deleted.
(79-2025)
(d)
Intentionally deleted.
(79-2025)
Maintained in Good Repair
(79-2025)
6.6.2 Every cabinet, cupboard, shelf and counter top shall be maintained in a structurally sound
condition, free from cracks and deterioration.
(79-2025)
Maintenance of Appliances
6.6.3 Appliances in a Dwelling Unit and Lodging House shall be maintained in good Repair and
in a safe, operable condition.
(79-2025)
Intentionally Deleted
(79-2025)
6.6.4 Intentionally deleted.
(79-2025)
6.7
Toilet and Washroom Facilities
Washroom Requirements
6.7.1 Every Dwelling Unit shall contain at least one fully functional Washroom that includes the
following:
(79-2025)
(a)
a water closet (toilet);
(136-2021, 79-2025)
(b)
a washbasin; and
(79-2025)
(c)
a bathtub or shower unit.
(79-2025)
Lodging House Requirements
6.7.2 Every Lodging House shall have at least one water closet (toilet), and one wash basin,
and one bathtub or shower unit.
(79-2025)
Good Repair
(79-2025)
6.7.3 Every Washroom shall be maintained in good Repair.
(79-2025)
Door Secured For Privacy
6.7.4 Every required Washroom shall be accessible from within the Building and shall be fully
enclosed and provided with a door capable of being secured from the inside to allow
privacy for the Persons using the room.
Common Entrance for Shared Washroom
6.7.5 Where Washroom facilities are shared by Occupants of a Building, other than self-
contained Dwelling Units, an entrance shall be provided from a common passageway,
hallway, corridor or other common space.
Water Closet
6.7.6 A water closet shall not be located in a Habitable Room or in a room used for storage of
food.
(79-2025)
23
6.8
Ventilation
Natural and Mechanical Ventilation
(79-2025)
6.8.1 All natural and mechanical ventilation systems shall be maintained in good Repair.
(136-2021, 79-2025)
Habitable Rooms
(79-2025)
6.8.2 All Habitable Rooms shall be provided with natural or mechanical means of ventilation
that is adequate for the use of the space.
(136-2021, 79-2025)
Washrooms
6.8.3 Every Washroom, except that which only contains a water closet and a washbasin, shall
be provided with an opening or openings for natural or mechanical ventilation located in
an exterior wall (or through openable parts of skylights) and all such openings shall have
a minimum aggregate unobstructed area of 0.09 m² (1 sq ft).
(136-2021, 79-2025)
Exhaust to Outside
(79-2025)
6.8.4 An opening for natural ventilation may be omitted from a Washroom where a system of
mechanical ventilation has been provided (such as an exhaust fan which is activated by a
switch, with a duct leading to outside) capable of changing the air once each hour.
(79-2025)
Attic Roof Spaces
(79-2025)
6.8.5 Ventilation systems serving enclosed attic or roof space shall be maintained in good
Repair.
(79-2025)
Crawl Spaces and Cellars
(79-2025)
6.8.6 Ventilation systems serving crawl spaces, unfinished basements and cellars shall be
maintained in good Repair.
(79-2025)
Ventilation in Public Areas
(79-2025)
6.8.7 Ventilation systems serving laundry rooms, garbage disposal rooms, furnace rooms,
boiler rooms, storage garages, public corridors and other similar public rooms or spaces
of a Building shall be maintained in good Repair.
(79-2025)
6.9
Natural and Artificial Lighting
Intentionally Deleted
(79-2025)
6.9.1 Subject to Articles 6.9.2 and 6.9.3, every bedroom, living room and dining room shall
have a window (which may be part of a door) to the outside of the Building.
(136-2021, 79-2025)
Intentionally Deleted
(79-2025)
6.9.2 A window is not required in a dining room if it has artificial lighting.
(a)
intentionally deleted;
(b)
intentionally deleted; and
(c)
intentionally deleted.
(136-2021, 79-2025)
Intentionally Deleted
(79-2025)
6.9.3 A window is not required in a living room or dining room if,
(a)
There is an opening in a dividing wall to an adjoining room;
(b)
The adjoining room has a window to the outside; and
24
(c)
The total window area of the adjoining room is at least 5 percent of the combined
floor areas of the living room or dining room and the adjoining room.
(79-2025)
6.9.4 Artificial lighting shall be maintained in good Repair.
(79-2025)
6.10 Egress Windows
6.10.1 Except where a door on the same floor level as the bedroom provides direct access to
the exterior, every floor level containing a bedroom shall be provided with at least one
outside window that:
(a)
is openable from the inside without the use of tools;
(b)
has an unobstructed open portion having a minimum area of 3.8 ft2 (0.35 m2) with
no dimension less than 15" (380 mm);
(c)
when sliding windows are used, the minimum dimensions described in (b) shall
apply to the openable portion of the window; and
(d)
except for basement areas, egress windows shall have a maximum sill height of
1000 mm above the floor.
6.10.2 Egress windows that open into a window well require a minimum clearance of 22" (550
mm) in front of the window. Window wells must not encroach onto adjacent properties.
6.10.3 No windows shall be added to walls erected less than 4'-0" (1200 mm) from the Property
line, unless protected with a fire resistance rating of 45 minutes.
6.10.4 A basement containing bedrooms will require direct access to outdoors in case of fire.
This may be provided through a basement walk-out door or an egress window.
(136-2021)
6.10.5 Egress windows shall be maintained in Good Repair.
(79-2025)
Section 7 Standards for Building Services, Systems and Facilities
7.1
Heating, Ventilation and Mechanical Systems
Heating System
7.1.1 All Buildings that are designed with a heating system shall be maintained in good Repair
and capable of maintaining suitable temperature.
(77-2006, 79-2025)
Minimum Heat Requirements 22oC
7.1.2 Intentionally Deleted.
(98-2019)
Temporary Portable Heating
7.1.3 Portable heating equipment shall not be used as the primary source of heat.
Prevention of Passage of Smoke, Fumes and Gases
7.1.4 Every Dwelling Unit shall be constructed (or otherwise separated) to prevent the passage
of smoke, fumes and gases from an attached garage into other parts of the Dwelling.
Such construction or separations shall conform to the OBC.
Proper Venting to Outside
7.1.5 Venting which serves fuel burning appliances equipment, and accessories shall exhaust
to the outside air by means of a smoke pipe, gas vent, chimney flue or other method
effective to remove substantially all fumes and gases.
(79-2025)
Chimneys
7.1.6 Intentionally deleted.
(79-2025)
25
Fireplaces
7.1.7 Fireplaces and similar fixtures used or intended to be used for burning fuels in open fires
shall be connected to proper chimneys, and shall be maintained in good Repair so that
nearby or adjacent combustible material and structural members shall not be heated to
unsafe temperatures. For the purposes of this Article, "maintained" includes lining and
Repairing and relining with fire resistant material, and installing and replacing the hearth.
(79-2025)
Intentionally Deleted
(79-2025)
7.1.8 Intentionally deleted.
(136-2021, 79-2025)
Maintained in Good, Safe and Operable Repair
7.1.9 Heating, ventilating and mechanical systems (including factory built stoves, fireplaces,
and chimneys, fans, pumps, filtration and other equipment provided to supply heat or air
conditioning or other services) shall be maintained in good Repair and in a safe and
operable condition.
(136-2021)
Supply of Combustion Air
7.1.10 A space that contains an appliance or fixture that requires combustion air shall have
natural or mechanical means of supplying the required combustion air.
(79-2025)
Air Conditioner Condensation
7.1.11 Air conditioners shall be equipped with proper devices to prevent condensation draining
onto publicly owned sidewalks, walkways, entrances and other pedestrian routes.
7.2
Plumbing and Drainage Systems
Intentionally Deleted
(79-2025)
7.2.1 Intentionally deleted.
(79-2025)
Intentionally Deleted
(79-2025)
7.2.2 Intentionally deleted.
(79-2025)
Potable Water Supply
(79-2025)
7.2.3 Every Dwelling shall be supplied with an adequate supply of potable running water.
(79-2025)
Sewage System
(79-2025)
7.2.4 Every sewage system shall be maintained in good Repair.
(79-2025)
Intentionally Deleted
(79-2025)
7.2.5 Intentional deleted.
(79-2025)
Intentionally Deleted
(79-2025)
7.2.6 Intentionally deleted.
(136-2021, 79-2025)
Intentionally Deleted
(79-2025)
7.2.7 Intentionally deleted.
(79-2025)
Intentionally Deleted
(79-2025)
7.2.8 Intentionally deleted.
(79-2025)
Plumbing & Drainage Systems to be Maintained in Repair
7.2.9 All plumbing and drainage systems (and their appurtenances including all Plumbing
Fixtures) shall be maintained in good Repair, in a safe and operable condition,
26
adequately protected from freezing, and shall be supplied with potable water sufficient for
normal use at a flow and pressure sufficient for the intended use of the fixtures installed.
(136-2021)
Hot Water Temperature
7.2.10 Every washbasin, bathtub, shower, and kitchen sink shall be equipped with an adequate
supply of hot and cold running water.
(136-2021)
Restaurant Access to Public Washrooms
7.2.11 Every Building or part of a Building on a Property that is used as a Restaurant and that
provides an area to consume the food on the Property (indoors or outdoors) shall include
access to a public Washroom located on the Property.
Public Washroom Access in Businesses
7.2.12 Every business that provides Washrooms for the public to use shall maintain access to
such Washrooms by the public during the hours of operation of the business and shall
provide signage indicating the location of the public washrooms in areas where the public
can readily view the signs.
(136-2021)
7.3
Electrical Service
Intentionally Deleted
(79-2025)
7.3.1 Intentionally deleted.
(79-2025)
Duplex Outlets
7.3.2 Every Habitable Room in a Dwelling shall have at least one electrical duplex outlet.
(79-2025)
Permanent Light Fixtures
7.3.3 Every Washroom, kitchen, laundry room, furnace room, basement, cellar and non-
habitable work or storage room shall be provided with a permanent operable light fixture.
Lighting Throughout Dwelling Unit
7.3.4 Lighting fixtures installed throughout a Dwelling Unit (including those installed in
hallways, stairways, corridors, passageways, garages and basements) shall provide
sufficient illumination so as to prevent accident hazards during normal use.
Electrical Supply and Service Adequate for Use in a Building
7.3.5 The capacity of the electrical service connection to a Building, and the system of circuits
distributing the electrical supply within the Building, shall be adequate for the use and
intended use thereof and shall be in compliance with the regulations pursuant to the
Electricity Act, S.O. 1998, c.15.
Kitchen to Have Suitable Outlets
7.3.6 Every kitchen shall have outlets suitable for a refrigerator and a cooking appliance.
(79-2025)
Maintained in Good Working Order and Safe
7.3.7 Electrical wiring, circuits, fuses, circuit breakers, fixtures, electrical equipment and
electrical heating systems (where provided) shall be installed and maintained in good
working order at all times, in compliance with the Electricity Act, S.O. 1998, c. 15 and the
regulations made thereunder.
(136-2021)
Extension Cords
7.3.8 Extension cords shall not be maintained, placed or attached, or permitted to be placed or
attached through any doorway or transom, nor to any door frame, window frame, ceiling,
wall or floor.
27
Idem
7.3.9 Electrical cords that are not part of a lighting fixture, machine, or device shall not be used
or permitted to be used on a permanent or semi-permanent basis. However, nothing in
this Article prevents the use of an extension cord on a semi-permanent basis if used
under supervision during any portion of a single day.
(136-2021)
7.4
Disconnected Utilities
No Disconnection
7.4.1 No Owner shall disconnect or cause to be disconnected any service or utility supplying
heat, electricity, gas or water to a Building, nor to a Dwelling Unit or Lodging Unit
occupied by a tenant, lessee or Occupant of such Building, except for such reasonable
period of time as may be necessary for the purpose of Repairing, replacing, or otherwise
altering the service or utility.
(136-2021)
7.5
Fire Escapes
Maintained in Good Repair
(79-2025)
7.5.1 Every fire escape shall be maintained in good Repair, free from obstructions, and
accessible through a door or an openable window.
7.6
Elevating Devices
Maintained in Good Repair
(79-2025)
7.6.1 Elevators (where provided) and all its parts and components (including lighting fixtures,
lamps, elevators buttons, floor indicators and ventilation fans) shall be maintained in good
Repair.
7.7
Building Security/Access Voice Communications
Maintained in Good Repair
(79-2025)
7.7.1 In Apartment Buildings where a voice communications system exists between each
Dwelling Unit and the lobby and/or, where a security locking and release system for the
entrance is provided and is controlled from each Dwelling Unit, such system shall be
maintained in good Repair and in an operable condition.
(136-2021)
7.8
Emergency Contact In Apartment Buildings
Telephone Number of Authorized Persons
7.8.1 The Owner of every Apartment Building shall cause:
(a)
the name, address and telephone number of the current manager or the Person
responsible for the Property, and
(b)
the name and telephone number of an authorized Person to contact in case of an
emergency on a 24 hour basis
(c)
to be posted in a prominent place on or in the Apartment Building that is common
to or regularly frequented by the residents therein.
Section 8 Vacant Buildings
8.1
Vacant Buildings
Protection
8.1.1 The Owner of any vacant Building or other vacant Property shall protect the Building or
vacant Property against the risk of fire, accident or other danger, by effectively preventing
the entrance to it of all unauthorized Persons.
28
Cleared of Garbage and Services Turned Off
8.1.2 Vacant Buildings, including vacated fire damaged Buildings, shall be kept cleared of all
garbage, rubbish, flammable substances and debris and shall have all water, electrical
and gas services turned off except for any such service that is required for the security
and maintenance of the Property.
Boarding Up Vacant Buildings
8.1.3 Vacant Buildings shall be demolished or boarded up and maintained securely in a
suitable manner that may include the following:
(a) Lock all doors and windows.
(b) Ensure on-going maintenance.
(c) Close all basement hatches, openings, walkways and windows.
(d) Install wood boards covering all openings through which entry may be obtained
with the following characteristics:
a. At least 12.7 mm (0.5 inches) thick and weatherproof
b. Installed from the exterior and interior and fitted in a watertight manner to fit
within the side jambs, head jamb and the exterior bottom sill of the door or
window so that any exterior trim and cladding remains uncovered and
undamaged by the boarding
c. Fastened securely in a manner that minimizes damage
d. All boards used shall be painted
i.
In the case of boards located in a window or door opening,
black
ii.
In the case of all other boards, painted or otherwise treated
so that the colour blends with the exterior of the Building or
Structure.
(e) Temporary metal security fencing around the perimeter. The fence must be 2
metres in height above grade, equipped with a horizontal top rail. The temporary
fence shall be erected and securely anchored and maintained at all times with all
gates locked with appropriate high security pad locks.
(90-2020)
Repair or Demolish Vacant Buildings
8.1.4 Despite Article 8.1.3, the Owner of any Property on which is situate a Building, or part
thereof, that does not possess Heritage Attributes and is boarded up for a period
exceeding 12 months shall either Repair the Building and bring it into conformity with the
Standards rendering the Building in a useable condition, or shall clear the Property of all
Buildings, Structures, debris or refuse and leave it in a graded and leveled condition. The
Owner shall obtain a building permit for the demolition of any Buildings or Structures as
required by the City.
(89-2024, 79-2025)
Section 9 Designated Heritage Properties
9.1 Maintenance of Designated Heritage Properties
9.1.1 Despite any provision of this By-law, the OBC or the Building Code Act, no Heritage
Attribute may be altered, demolished, removed, or relocated except in accordance with
this By-law and the Ontario Heritage Act including any permits or permissions required
under such Act.
(a) Without limiting the generality of the foregoing no Owner may change a Heritage
Attribute in any manner unless the Owner applies to Oshawa's City Council and
receives consent in writing to the change.
29
9.1.2 In addition to the minimum Standards for maintenance and occupancy set out elsewhere
in this By-law, the Owner of a Heritage Property shall maintain, preserve and protect its
Heritage Attributes by undertaking Repairs as necessary.
(79-2025)
9.1.3 In the event of conflict between anything in Section 9 of this By-law and any other
sections of this By-law, this Section 9 shall prevail.
9.1.4 In addition to the Standards, obligations and requirements that apply to all properties
under this By-law, a part of a Heritage Property, including but not limited to a roof, wall,
floor, retaining wall or foundation, that supports or protects a Heritage Attribute and
without which the Heritage Attribute may be at risk of deteriorating or being damaged,
shall be structurally sound and maintained in good Repair in a manner that minimizes
damage to the Heritage Attribute.
(90-2020, 79-2025)
By-law read a first, second and third time and finally passed this fourteenth day of January,
2002.
2014 01 07