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Header - The Corporation of the Town of Par
ry Sound
By-law 2012 -6103
Property Standards By-law
Consolidated By-law - Reference copy only
Being a By-law for prescribing standards for the maintenance and occupancy of all
property with the Town of Parry Sound and repealing By-laws 88-3281, 93-3618 and
93-3606.
Whereas pursuant to section 15.1(3) of the Building Code Act, S.O., 1992 c.23 the
Council of the Municipality may pass a by-law to do the following things if an official plan
includes provisions relating to property conditions and is in effect in the municipality:
1.
Prescribing standards for the maintenance or occupancy of property
within the municipality and for prohibiting the occupancy or use of
such property that does not conform to the standards.
2.
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
graded and leveled condition;
And Whereas the Town of Parry Sound has in effect an "Official Plan" that includes
provisions relating to property standards;
And Whereas Council deems it necessary and in the public interest to enact a by-law
prescribing standards for the maintenance and occupancy of property within the Town.
Now Therefore The Council Of The Corporation Of The Town Of Parry Sound
Enacts As Follows:
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The Corporation of the Town of Parry Sound
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Part 1 - Definitions
In this by law:
a) "Accessory Building" means a detached building or structure not used for human
habitation that is subordinate to the lawful primary use of the main building or
structure on the said property.
b) "Actively" when used in relation to restoration or repair shall mean a continuous
series of repairs or improvements occurring over a 12 month period.
c) "Apartment Building" means a building containing more than four dwelling units
with individual access from an internal corridor system.
d) "Approved" means acceptance by the Property Standards Officer.
e) "Balustrade" means a railing supported by a series of short posts forming an
ornamental parapet to a balcony or terrace.
f) "Basement" means that space of a building that is partly below grade which has
half or more of its height measured from floor to ceiling above the average
exterior finished grade.
g) "Building" means a building as defined in the Building Code Act S O 1992 or a
structure whether temporary or permanent used for or intended for supporting or
sheltering any use or occupancy and shall include a tent or carport.
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h) "Cellar" means that space of a building that is partly or entirely below grade which
has more than half of its height measured from floor to ceiling below the average
exterior finished grade
i) "Committee" means the means the Property Standards Committee
j) "Dwelling" means a building or structure or part of a building or structure occupied
or capable of being occupied in whole or in part for the purpose of human
habitation
k) "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
l) "First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6 feet) minimum above grade
m) "Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, landing, balcony, mezzanine gallery, 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 it
n) "Habitable Room" means any room in a dwelling unit that is designed used or
intended to be used for living cooking sleeping or eating purposes
o) "Means of Egress" means a continuous unobstructed 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, a
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floor area, a room or a contained open space to a public thoroughfare or an
approved area of refuge usually located outside the building
p) "Multiple Dwelling" means a building containing three or more dwelling units
q) "Municipal Clerk" shall mean the Clerk of the Corporation of the Town of Parry
Sound
r) "Non Habitable Room" means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, a toilet room, laundry, pantry lobby,
foyer, corridor, stairway, closet, boiler, furnace or electrical room or other space
for service and maintenance of the dwelling for public use and for access to and
vertical travel between storeys and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this By law
s) "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
t) "Occupant" means any person or persons over the age of eighteen years in
possession of the property
u) "Officer" means a Municipal Law Enforcement Officer assigned the responsibility
for enforcing and administering this By-law as a Property Standards Officer.
v) "Owner" means any person(s) for the time being managing or receiving the rent of
or paying the municipal taxes on the land or premises in connection with which
the word is used whether on his her own account or as agent, trustee or any other
person who would so receive the rent if such land and premises were let and shall
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also include a lessee tenant or occupant of the property who under the terms of
the lease or other rental agreement is required to repair and maintain the property
in accordance with the Standards of Maintenance and Occupancy of the property
and may include all other persons having a legal interest in the property.
w) "Person" means a natural person, an individual, a firm, a corporation, an
association or partnership and their heirs, executors, administrators or other legal
representative of a person to whom the context can apply according to the law.
x) "Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile structures,
outbuildings, fences and erections thereon and includes vacant property.
y) "Repair" includes the making of additions or alterations or the taking of such
action as in restoring, renovating, mending, as may be required so that the
property shall conform to standards established in this By-law.
z) "Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals and includes any lands or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces and fences
associated with the dwelling or its yard.
aa) "Sewage" means the liquid wastes from residential or other buildings including
industrial establishments.
bb) "Sewage System" means the municipal sanitary sewer system or a private
sewage disposal system approved by the Medical Officer of Health but shall not
include a system designed or intended strictly to handle ground water.
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cc) "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
dd) "Toilet Room" means a room containing a water closet and a wash basin.
ee) "Yard" means the privately 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.
ff) "Zoning By law" shall mean the current applicable Zoning By-law of the Town of
Parry Sound.
Part 2 - General Standards for All Property
General Conditions
1. This By-law applies to all properties lying within the boundaries of the Town of Parry
Sound.
2. No Person shall use, permit the use of, occupy, rent, or offer for rent any property
within the Town that does not conform to the standards set out in this by-law.
3. All repairs and maintenance as required by this Bylaw shall be carried out with
suitable and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform to the
Ontario Building Code or other such Codes or requirements where applicable.
4. Any repairs or maintenance undertaken by the Town to bring the property into
compliance with this By-law will be subject to a twenty five (25) percent surcharge.
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Accessory Buildings, Fences and Other Structures
1. Accessory buildings and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2. Fences shall be maintained in structurally sound condition and in good repair and
shall comply with the restrictions and conditions of the Zoning By-law.
3. Accessory buildings, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials, including
paint or other suitable preservative and shall be of uniform colour unless the
aesthetic characteristics of said structure are enhanced by the lack of such material.
Sewage and Drainage
1. Sewage shall be discharged into the Municipal Sewage Collection system in
accordance with Municipal Sewer use By-law 97-3913.
2. Roof or sump drainage shall not be discharged onto sidewalks, stairs or directly onto
adjacent property.
3. Downspouts used in conjunction with roof drainage shall be no less than. 5.1 cm (2
inches) away from any shared lot line. All water drainage shall be directed away
from the lot-line.
4. Storm water, which includes basement sump pump and rainwater, shall not be
drained into a sanitary sewage system.
Parking Areas Walks and Driveways
1. All areas used for vehicular traffic and parking shall have a surface covering of
Asphalt, concrete or compacted stone or gravel and shall be kept in good repair, free
of dirt and litter.
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2. Notwithstanding, the foregoing for non residential properties which abut residential
properties all areas used for vehicular traffic and parking shall have a surface
covering of asphalt or similar hard surface.
3. All areas used for vehicular traffic parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather conditions.
4. Steps, walks, driveways, parking spaces and other similar areas shall be maintained
so as to afford safe passage under normal use and weather conditions day or night.
Holes and Excavations
1. Exterior property areas shall be kept free from conditions such as holes and
excavations that might create health or accident hazards. This may include
abandoned or unused wells, excavation areas, trenches or ditches and foundation
walls.
2. Holes and excavations which are necessary for or part of a use lawfully situated on
private property must be kept in a manner to avoid an unsafe or unsightly condition.
Precautions to be taken shall include the erection of fences, barricades, and all other
means of protection necessary in respect thereto.
3. Exterior property areas shall be regarded or provided with a ground cover, as
appropriate, to prevent unsafe ponding of water, unstable soil conditions, erosion or
appearance not in harmony with the neighbouring environment.
Part 3 - Building Standards
General Conditions
1. Every owner, tenant, occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a regular
basis in accordance with municipal by laws.
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2. Every owner, tenant, occupant or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture under their control including hallways entrances,
laundry rooms, utility rooms and other common areas
in a clean, sanitary and
safe condition.
3. Accumulation or storage of garbage, refuse, appliances or furniture in public
hallways or stairways shall not be permitted.
Pest Prevention
1. Buildings shall be kept free of rodents, vermin, insects and the presence of their
nests, droppings and chew holes at all times. Where evidence of said items are
apparent, methods used for exterminating such pests shall be in accordance with
the provisions of the Pesticides Act, R. S. O., 1990, c.P. 11 and the responsibility for
such extermination shall rest with the owner of the property, unless otherwise
stipulated in the lease or rental agreement.
2. Openings, including windows, that might permit the entry of rodents, insects, vermin
or other pests shall be appropriately screened or sealed.
Structural Soundness
1. Every part of a building and every accessory building shall be maintained in a
structurally sound condition so as to be capable of safely sustaining its own weight
load and any additional load to which it may be subjected through normal use having
a factor of safety required by the Ontario Building Code.
2. Walls roofs and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
3. All overhang extensions including but not limited to canopies, marques signs, metal
awnings, fire escapes, stand pipes and exhaust ducts shall be maintained in good
repair and be properly anchored so as to be kept in sound condition.
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Foundations
1. Foundation walls of all buildings shall be maintained so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes but is not limited
to the shoring of the walls to prevent settling, installing sub soil drains, when
necessary grouting masonry cracks, waterproofing walls, joints and floors.
2. Every building, except for slab on grade construction, shall be supported by
foundation walls or piers that extend below the frost line or to solid rock.
3. Every basement, cellar, and crawl space in a building shall be adequately drained.
Exterior Walls
1. Exterior walls of buildings and their components, including eaves, soffits and fascia,
shall be maintained in good repair free from cracked, broken or loose masonry,
stucco and other defective cladding or trim. Paint or other suitable preservative or
coating must be applied and maintained so as to prevent deterioration due to
weather conditions, insects or other damage.
2. Exterior walls of all buildings and their components shall be free of inappropriate
signs, painted slogans, graffiti and similar defacements.
Windows and Doors
1. Windows, doors, skylights and basement or cellar hatchways shall be maintained in
good repair and good working order, weather tight reasonably draught free, to
prevent heat loss and infiltration by the elements. Maintenance includes painting,
replacing damaged doors frames, and other components window frames sashes and
casings, replacement of non-serviceable hardware and reglazing where necessary.
Where screening is provided on windows and doors it shall also be maintained in
good repair.
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2. In a dwelling unit, all windows and skylights that are intended to be opened, and all
exterior doors, shall have suitable hardware so as to allow locking or otherwise
securing from inside the dwelling unit. At least one entrance door to a dwelling unit
shall have suitable hardware so as to permit locking or securing from either inside or
outside the dwelling unit.
3. Solid core doors shall be provided for all entrances to dwellings and dwelling units.
4. In residential buildings where there is a voice communication unit working in
conjunction with a security locking and release system controlling a particular
entrance door, and installed between individual dwelling units and a secured
entrance area, the said system shall be maintained in good working order at all
times.
5. Every window in a leased or rented dwelling unit that is located above the first storey
of a multiple dwelling, shall be equipped with an approved safety device that would
prevent any part of the window from opening greater that would permit the passage
of a 100 mm diameter (3.9) inches) sphere. Such safety device shall not prevent the
window from being fully opened during an emergency situation by an adult without
the use of tools.
Roofs
1. Roofs of buildings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials. Shingles or other
coverings which exhibit excessive deterioration shall be replaced as required.
2. Accumulations of ice and/or snow shall be promptly removed from the roofs of
buildings and accessory buildings which slope toward a highway or sidewalk or
where such conditions could hinder the safe passage of the public.
3. Where eavestroughing or roof gutters are provided, they shall be kept in good repair,
free from obstruction or blockages and properly secured to the building and
appropriately sloped to allow for proper water drainage.
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Walls, Ceilings, and Floors
1. Every wall, ceiling, and floor in a building shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
2. Every floor in a building shall be reasonably smooth and level and maintained so as
to be free of loose, warped, protruding, broken, or rotted boards or other material
that might cause an accident or allow the entrance of rodents and other vermin or
insects.
3. Every floor in a bathroom, toilet room, shower room, laundry room and kitchen shall
be maintained so as to be impervious to water and readily cleaned.
Stairs, Porches, and Balconies
1. Inside and outside stairs, porches and landings shall be maintained so as to be free
of holes, cracks, and other defects that may constitute accident hazards.
2. Existing stair treads or risers that show excessive wear or are broken, warped or
loose and any supporting structural members that are rotted or deteriorated shall be
repaired or replaced.
Guardrails and Balustrades
1. A balustrade 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 (24 inches). A handrail shall be installed and maintained in good
repair in all stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches and balconies. Guardrails, balustrades and handrails
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shall be constructed in accordance with the Ontario Building Code, and maintained
rigid in nature.
Kitchen
1. Every dwelling shall contain a kitchen area equipped with:
a) a sink that is served with hot and cold running water and is
surrounded by surfaces impervious to grease and water;
b) hot water shall be supplied at a temperature of not less than 45
degrees Celsius (113F) and not more than 60 degrees Celsius
(140F)
c) suitable storage area
d) a counter or work area, exclusive of the sink and covered with a
material that is imperious to moisture and grease and is easily
cleanable; and
e) a space provided for cooking and refrigeration appliances including
the suitable electrical or gas connections.
Toilet and Bathroom Facilities
1. Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, wash basin, and bathtub or suitable shower unit. Every
wash basin and bathtub or shower shall have adequate supply of hot and cold
running water. Hot water shall be supplied at temperature of not less than 45
degrees Celsius (113F) and not more than 60 degrees Celsius (140F). Every water
closet shall have a suitable supply of running water.
2. Every required bathroom or toilet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door.
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3. Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained units, an appropriate entrance shall be
provided from a common passageway, hallway, corridor or other common space to
the room or rooms containing the said facilities.
Plumbing
1. Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
2. All plumbing, including drains, water supply pipes, water closets and other plumbing
fixtures shall be maintained in good working condition free of leaks and defects and
all water pipes and appurtenances thereto shall be protected from freezing.
3. All plumbing fixtures shall be connected to the sewage system through water seal
traps.
4. Every fixture shall be of such materials, construction and design as will ensure that
the exposed surface of all parts are hard, smooth, impervious to hot and cold water,
readily accessible for cleansing and free from blemishes, cracks, stains, extreme
corrosion or other defects that may harbor germs or impede thorough cleansing.
Electrical Service
1. Every dwelling unit shall be wired for electricity and shall be connected to an
approved electrical supply system.
2. The electrical wiring, fixtures, switches, receptacles, and appliances located or used
in dwellings, dwelling units and accessory buildings and all non-residential buildings
shall be installed and maintained in good working order so as not to cause fire or
electrical shock hazards.
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3. All electrical services shall conform to all applicable regulations of the Electricity Act
1998, S.O. 1998c.15 and the Ontario Electrical Safety Code, Ontario Regulation
164/99 or its successor legislation.
4. Every habitable room in a dwelling shall have at least one electrical duplex outlet for
each 11.1 square metres (120 square feet) of floor space and for each additional 9.3
square metres (100 square feet) of floor area a second duplex outlet shall be
provided. Extension cords shall not be used on a permanent basis.
5. Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar
and non-habitable work or storage room shall be provided with a permanent light
fixture.
6. Lighting fixtures and appliances installed throughout a dwelling unit, including
stairways, corridors, passageways, garages and basements shall provide sufficient
illumination so as to avoid health and accident hazards in normal use.
Heating, Heating Systems, Chimneys and Vents
1. Every dwelling unit and building containing a residential dwelling unit shall
be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 20 degrees Celsius (68 F) in the occupied dwelling units. The heating
system shall be maintained in good working condition
and capable of safely
heating the individual dwelling units to the required standard on request of the
dwelling unit's tenant.
2. Where the temperature level cannot be controlled by the tenant, the owner shall
provide an approved secondary heat source under the tenant's control, which is
capable of producing and maintaining the ambient temperature of 20 degrees
Celsius (68F) within the dwelling unit if the primary heat source is not able at all
times to do so.
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3. Every non-residential building shall maintain suitable heating facilities to sustain an
indoor ambient temperature in accordance with the requirements of the
Occupational Health and Safety Act R.S.O., 1990 c. O. 1.
4. All fuel burning appliances, equipment, and accessories in all buildings shall be
installed and maintained to the standards provided by the applicable provincial
legislation.
5. Where a heating system or part thereof requires solid or liquid fuel to operate, a
place or receptacle for such fuel shall be provided and maintained in a safe condition
and in a convenient location so as to be free from fire or accident hazards.
6. All fuel burning appliances, equipment, and accessories in all buildings shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue
or other approved method.
7. Every chimney, smoke-pipe, flue, and vent shall be installed and maintained in good
repair so as to prevent the expelled smoke, fumes or gases from entering a dwelling
unit. Maintenance includes the removal of all obstructions, sealing open joints and
the repair of loose or broken masonry units.
8. Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or structural
members to unsafe temperature.
9. Every dwelling shall be so constructed or separated to prevent the passage of
smoke, fumes, and gases from that part of the dwelling which is not used, designed
or intended to be used for human habitation into other parts of the dwelling used for
habitation. Such separations shall conform to the Ontario Building Code.
Fire Escapes, Alarms, and Detectors
1. Every dwelling unit shall be equipped with smoke alarms located between the
bedrooms and the remainder of the dwelling unit, or as specified in the Ontario
Building Code.
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2. A carbon monoxide detector shall be installed and maintained in all dwellings that
are equipped with a fuel fired appliance or a "built-in" garage located in accordance
with the Ontario Building Code.
3. All buildings using a fire escape as a secondary means of egress shall have the
escape in good condition, free from obstructions and easily reached through an
operable window or door.
Egress
1. Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and the
dwelling unit to the outside at street or grade level.
2. Each dwelling containing more than one dwelling unit shall have at least two exits,
both which may be common or the one of which may be common and the other may
be an exterior stair or fire escape. Access to the stairs or fire escape shall be from
corridors through doors at floor level, except access from a dwelling unit be through
a vertically mounted casement window having an obstructed opening of not less
than 1.067 by 0.588 metres (42x22inches) with a sill height of not more than .0900
metres (35 inches) above the inside floor. A single exit Is permitted from a dwelling
unit where the path of egress is through an exterior door located at or near ground
level and access to such exit is not through a room under the immediate control of
the occupants of the dwelling unit.
Natural Light
1. Every habitable room except a kitchen, bathroom or toilet room shall have a window
or windows, skylight or translucent panels facing directly to an outside space and
admits as much natural light equal to not less than ten (10) percent of the floor area
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for living and dining rooms and five (5) percent of the floor area for bedrooms and
other finished rooms.
Ventilation
1. Every habitable room shall have an opening or openings for natural ventilation and
such openings shall have a minimum aggregate unobstructed free flow as required
by the Ontario Building Code.
2. An opening for natural ventilation may be omitted if mechanical ventilation is
provided, which changed the air once each hour.
3. All systems of mechanical ventilation shall be maintained in good working order.
4. All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated so as to prevent the buildup of dampness and
mould within the unit.
Elevating Devices
1. Elevators and other elevating devices including all mechanical and electrical
equipment, light fixtures, lamps, control buttons, floor indicators, ventilation fans and
emergency communication systems shall be operational and maintained in good
condition.
Barrier Free Design
1. All facilities provided for barrier free access that were installed and required at the
time of original construction or major renovation of a building shall be operational
and maintained in good condition. A building feature that was installed to provide
barrier free access that exceeded the standard in place at the time of construction
shall also be maintained.
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Disconnected Utilities
1. Owners of residential buildings or any person or persons acting on behalf of such
owner shall not disconnect or cause to be disconnected any service or utility
supplying heat, electricity, gas, refrigeration or water to any residential unit or
building occupied by a tenant or lessee, except for such reasonable period of time
as may be necessary for the purpose of repairing, replacing, or otherwise altering
said service or utility.
Occupancy Standards
1. The number of occupants residing on a permanent basis in an individual dwelling
unit shall not exceed one person for every nine (9) square metres (96 square feet) of
habitable floor area. For the purpose of computing habitable floor area, any area
with the minimum ceiling height less than 2.1 metres (6 feet 11 inches) shall not be
considered as habitable.
2. No room shall be used for sleeping purposes unless it has a minimum width of two
square (2) metres (6 feet 7 inches) and a floor area of at least seven (7) metres
square metres (75 square feet). A room used for sleeping purposes by two or more
persons shall have a floor area of least four (4) square metres (43 square feet) per
person.
3. Any basement or portion thereof, used as a dwelling unit shall conform to the
following requirements:
a) each habitable room shall comply with all the requirements set out in
this by-law:
b) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage.
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c) each habitable room shall be separated from the fuel fired heating
unit or other similarly hazardous equipment by a suitable fire
separation and approved under the Ontario Building Code.
d) access to each habitable room shall be gained without passage
through a furnace room, boiler room, or storage room.
Part 4 - Special Circumstances
Vacant or Damaged Buildings
1. Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall
have all water, electrical and gas services turned off except for those services that
are required for the security and maintenance of the property.
2. Where any building is vacant, unoccupied, or has been damaged by accident, storm,
neglect or other causes or intentional damage, the owner or agent shall protect such
building against the risk of accidental or intentional damage to the property, or such
damage as may be caused to other properties, arising from the entry of
unauthorized persons to the building, by effectively preventing entrance by
unauthorized person to the satisfaction of the Property Standards Officer.
3. For the purpose of section 4.02, doors, windows, hatches, and other openings
through which entry may be obtained are required to be kept in good repair and
secured from unauthorized entry, or entry shall be prevented by closing and
securing the openings.
4. Where a vacant or damaged property has not been sufficiently secured, the officer
may issue an ORDER requiring the owner to secure the property in any of the
following ways:
a) boarding which completely covers the opening with at least 12.7mm (0.5 inches)
weatherproofed sheet plywood securely fastened to the building;
b) rigid composite panels, securely fastened to the building;
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c) sheathing boards installed within the reveal of the exterior cladding
and securely fastened to the building;
d) brick and mortar securely fastened to the building; or
e) concrete blocking and mortar securely fastened to the building.
The options listed above shall be considered progressively more secure with clause (e)
being the most secure. It shall be the officer's discretion to determine the minimum
level of security required.
5. Where it has been shown that a proper level of security has not been achieved, or
the owner's control, attendance or lack of security measures to protect the property
suggests a more serious option be used, the officer may order the owner to supply
more stringent security measures as may be necessary beyond the options listed in
subsection 4.04.
6. Where a building remains vacant for a period of more than ninety (90) days, or in the
opinion of the officer further measures are required, the officer shall ensure that all
utilities serving the building, which are not required for the safety or security thereof,
are properly disconnected or otherwise secured, to prevent accidental or malicious
damage to the building or adjacent property.
7. Any such work required under Part 4 of this by-law shall be done in compliance with
the Ontario Building Code, other applicable codes and by-laws, including but limiting
the generality of the foregoing, in compliance with the requirement for obtaining
building or demolition permits, and with the by-laws applicable to demolition and
clearing of property.
Fire Damaged Buildings
1. Fire damaged buildings shall be kept clear of all garbage, refuse and debris and
shall have all water, electrical and gas services turned off except those services that
are required for the security and maintenance of the property.
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2. Where a building has been damaged by fire, the officer may ORDER the owner to
restore the building to meet the requirements of this By-law and the Ontario Building
Code.
3. When the fire-damaged building or part is occupied again for other than the purpose
of repair, the condition of the building and property shall be brought into compliance
with all applicable sections of this by-law and Ontario Building Code.
4. The exterior walls and other surfaces of the building shall have smoke damage or
other defacement removed and the surfaces refinished.
5. Where, in the opinion of the officer, restoration as specified in section 4.09 is not
possible or economically feasible, the officer may ORDER the building demolished.
Marijuana Grow Houses and Clandestine Drug Operations
1. In the event that the municipal clerk has been notified by a police service that a
property has been or is being used as with a Marijuana Grow House or a
Clandestine Drug Operation facility, the municipal clerk will notify an officer, the
officer shall, in addition to any other action ordered or permitted by law, register any
and all Orders issued pursuant to an order or orders requiring compliance under the
authority of section 15.2 of the Building Code Act, S.O. 1992, against the title of the
property at the local Land Registry Office.
2. The ORDER referred to in section 4.13 shall contain a Schedule which will state:
"This property has been identified as having been used a Marijuana Grow Operation
(Clandestine Drug Operation facility). Operations of this nature are well known to have
detrimental effects on the air quality, electrical systems and structural elements within
the structure. It is the opinion of the municipality that this property should not be
occupied until all matters referred to in this ORDER have been addressed and resolved
to the satisfaction of the investigating officer."
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Part 5 - Administration and Enforcement
Complaints
1. This By-law shall apply to all property within the limits of the municipality and shall
be enforced on a written complaint basis only. The written complaint shall include
the name, address and telephone number or other contact information of the
complainant. Failure to provide the required complainant information shall render the
complaint incomplete and it will not be investigated.
2. Anonymous complaints or third party complaints which attempt to obscure the
identity of the complainant will not be investigated.
3. Where an officer has determined that a complaint has been filed for a malicious or
vexatious reason or as part of an ongoing pattern of harassment and does not
involve a matter of serious health or safety, the officer may, after conferring and
confirming with the Director of the Department, cease the investigation and close the
file with no further action taken. The officer shall then advise the complainant of this
in writing.
Officers
1. The Council of the municipality shall appoint a Property Standards Officer(s)
responsible for the administration and enforcement of this by-law.
2. Unless otherwise specified in their appointment By-laws, the Municipal Law
Enforcement Officers are hereby assigned the duties of Property Standards Officers
for the Town of Parry Sound.
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Property Standards Committee
1. There shall be and is hereby established a Property Standards Committee
consisting of no fewer than three (3) members, who shall be appointed by resolution
to hold office for the term of Council.
2. The rules and practices for said committee are set in the Terms of Reference
adopted by Council Resolution.
Penalty
1. Every person who contravenes any provisions of this By-law is guilty of an offence
and upon conviction is liable to penalties in accordance with the Building Code Act,
S.O. 1992, C.23, as amended, for each offence committed.
Certificate of Compliance
1. Upon the issuance of a Certificate of Compliance, at the request of an owner, a fee
is payable in accordance with the Town's Fees and Service Charge By-law.
Transition Provision
1. After the day of passage of this By-law, By-law 88-3281, as amended, applies only
to properties in respect of which an Order has been given under said by-law, prior to
the date of passing of this By-law and only to such properties until such time as the
work required by such Order has been completed or enforcement proceedings in
respect of such Order, including demotion or repair by the Town have been
concluded.
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Validity
1. Should any section, clause, or provision of this By-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this By-
law as a whole or any part thereof, other than the part so declared to be invalid.
2. Where a provision of this By-law conflicts with the provisions of another by-law in
force with the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
Repeal
1. By-laws 88-3281, 93-3618 and 93-3606 are hereby repealed
Effective Date
1. This By-law comes into force and effect on the date of its passing.
Read a First time this day of , 2012
Mayor Signature Line
Clerk Signature line
Read a Second and Third time, Passed, Signed and Sealed
this day of , 2012
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Mayor Signature line
Clerk Signature line
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