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Town of Perth Office Consolidation By-law No. 3322
FOR INFORMATION PURPOSES ONLY
Page 1 of 14
OFFICE CONSOLIDATION
FOR INFORMATION PURPOSES ONLY
Last amended by By-law No. 3322-1, September 16, 2008
For copies of amending By-laws, please contact the Clerk at 613-267-3311
THE CORPORATION OF THE TOWN OF PERTH
BY-LAW NO. 3322
WHEREAS under Section 15.1(3) of the Building Code Act, S. 0. 1992, c. 23, a by-law
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official plan
for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for The Town of Perth includes provisions relating to
property conditions;
AND WHEREAS the Council of The Town of Perth is desirous of passing a by-law
under Section 15.1(3) of the Building Code Act, S. 0. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires
that a by-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23
shall provide for the establishment of a Property Standards Committee.
WHEREAS, under the provisions of section 15.1(3) of the Building Code Act, S.O 1992,
C 23, a by-law may be passed by the Council of a municipality prescribing the standards
for the maintenance and occupancy of property within the municipality provided the
Official Plan for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Town of Perth includes provisions relating to
property conditions;
AND WHEREAS the Council of the Corporation of the Town of Perth has reviewed the
amendment and is desirous of enacting such amendment to the Property Maintenance and
Occupancy Standards By-law, as presented in COW Report 2008-14.UB.2;
AND WHEREAS Section 283 (7) states a council shall review a by-law under
subsection (5) at a public meeting at least once during the three-year period
corresponding to the term of office of its members after a regular election.
NOW THEREFORE the Council of the Town of Perth hereby enacts the following:
PART 1
1. TITLE: This by-law may be cited as the Property Maintenance and Occupancy
Standards By-law.
PART 2
DEFINITIONS
In this By-law:
2.01 "Accessory Building" means a detached building or structure, not used for human
habitation, that is subordinate to the primary use of the same property.
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2.02 "Apartment Building" means a building containing four or more dwelling units
with individual access from an internal corridor system.
2.03 "Approved" means acceptance by the Property Standards Officer.
2.04 "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.
2.05 "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.
2.06 "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.
2.07 "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.
2.08 "First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6 ft.) above grade.
2.09 "Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
2.10 "Habitable Room" means any room in a dwelling unit used for or capable of being
used for living, cooking, sleeping or eating purposes.
2.11 "Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other
exit facility used for the escape of persons from any point within a building, a floor area,
a room, or a contained open space to a public thoroughfare or an approved area of refuge
usually located outside the building.
2.12 "Multiple Dwelling" means a building containing three or more dwelling units.
2.13 "Nan-Habitable Room" means any room in a dwelling or dwelling unit other than
a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor,
stairway, closet, boiler room, or other space for service and maintenance of the dwelling
for public use, and for access to and vertical travel between storeys, and basement or part
thereof which does not comply with the standards of fitness for occupancy set out in this
By-Law.
2.14 "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.
2.15 "Person" means an individual, firm, corporation, association or partnership.
2.16 "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.
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2.17 "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-Law.
2.18 "Toilet Room" means a room containing a water closet and a wash basin.
2.19 "Yard" means the land other than publicly owned land around or appurtenant to
the whole or any part of a residential or non-residential property and used or capable of
being used in connection with the property.
PART 3
GENERAL STANDARDS FOR ALL PROPERTY
3.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the trades
concerned. All new construction or repairs shall conform to the Ontario Building Code,
Ontario Fire Code and the Fire Prevention and Protection Act where applicable.
YARDS
3.02 Every yard, including vacant lots shall be kept clean and free from:
(1) rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
(2) wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers
or boats unless it is necessary for the operation of a business enterprise
lawfully situated on the property;
(3) long grass, brush, undergrowth and noxious weeds as defined by the Weed
Control Act;
(4) dilapidated, collapsed or partially constructed structures which are not
currently under construction;
(5) injurious insects, termites, rodents, vermin or other pests; and
(6) dead, decayed or damaged trees or other natural growth.
SURFACE CONDITIONS
3.03 Surface conditions of yards shall be maintained so as to:
(1) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements;
(4) not exhibit an unsightly appearance;
(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day or
night, and;
(8) not to create a nuisance to other property.
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SEWAGE AND DRAINAGE
3.04 Sewage shall be discharged into the sewage system.
3.05 Sewage of any kind shall not be discharged onto the surface of the ground, whether
into a natural or artificial surface drainage system or otherwise.
3.06 Roof drainage shall not be discharged onto sidewalks, stairs, adjacent property or
into the sanitary sewer system.
PARKING AREAS, WALKS AND DRIVEWAYS
3.07 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;
3.08 Steps, walks, driveways, parking spaces and other similar areas shall be maintained
so as to afford safe passage under normal use and weather conditions day or night.
ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES
3.09 Accessory buildings, fences and other structures appurtenant to the property shall
be maintained in structurally sound condition and in good repair.
3.10 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.
GARBAGE DISPOSAL
3.11 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property between the regularly designated collection days. Such
receptacles shall be constructed of watertight material, provided with a tight fitting cover,
and shall be maintained in a clean and odour free condition at all times.
3.12 All garbage, refuse, and ashes shall be promptly placed in suitable container and
made available for removal in accordance with the municipal garbage collection by-law
where applicable.
3.13 Garbage storage areas shall be screened from public view.
COMPOST HEAPS
3.14 The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no larger than
one square metre and 1.8 metres in height and is enclosed on all sides by concrete block,
or lumber, or in a forty-five gallon container, a metal frame building with a concrete
floor, or a commercial plastic enclosed container designed for composting.
PART 4
RESIDENTIAL STANDARDS
GENERAL CONDITIONS
4.01 Every tenant, or occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control, in a clean, sanitary
and safe condition and shall dispose of garbage and debris on a regular basis, in
accordance with municipal by-laws.
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4.02 Every tenant, or 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.
4.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of
egress shall not be permitted.
PEST PREVENTION
4.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods
used for exterminating such pests shall be in accordance with the provisions of the
Pesticides Act.
4.05 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
4.06 Every part of a dwelling shall be maintained in a structurally sound condition so as
to be capable of safely sustaining its own weight load and any additional load to which it
may be subjected through normal use, having a level of safety as required by the Ontario
Building Code.
4.07 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
FOUNDATIONS
4.08 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of
insects, rodents and excessive moisture. Maintenance includes the shoring of the walls to
prevent settling, installing sub soil drains, where necessary, at the footings, grouting
masonry cracks, dampproofing and waterproofing walls, joints, and floors.
4.09 Every dwelling, except for slab on grade construction, shall be supported by
foundation walls or piers which extend below the frost line, or to solid rock.
EXTERIOR WALLS
4.10 Exterior walls of a dwelling and their components, including soffits, fascia, shall be
maintained in good repair free from cracked, broken or loose masonry units, stucco, and
other defective cladding, or trim. Paint or some other suitable preservative or coating
must be applied and maintained so as to prevent deterioration due to weather conditions,
insects or other damage.
4.11 Exterior walls of a dwelling and their components shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
4.12 Windows, doors, skylights, and basement or cellar hatchways shall be maintained
in good repair, weather tight and 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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4.13 In a dwelling unit, all windows that are intended to be opened and all exterior doors
shall have suitable hardware so as to allow locking or otherwise securing from inside the
dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware
so as to permit locking or securing from either inside or outside the dwelling unit.
4.14 Solid core doors shall be provided for all entrances to dwellings and dwelling units.
4.15 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.
4.16 Every window in a leased dwelling unit that is located above the first storey of a
multiple dwelling shall be equipped with an approved safety device that would prevent
any part of the window from opening greater than would permit the passage of a 100 mm
diameter (3.9 inches) sphere. Such safety device shall not prevent the window from being
fully opened during an emergency situation by an adult without the use of tools.
ROOFS
4.17 Roofs of dwellings and their components shall be maintained in a weather tight
condition, free from loose or unsecured objects or materials.
4.18 The roofs of dwellings and accessory buildings shall be kept clear of accumulations
of ice or snow or both.
4.19 Where eaves trough, roof gutters, are provided they shall be kept in good repair,
free from obstructions and properly secured to the building.
WALLS, CEILINGS AND FLOORS
4.20 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
4.21 Every floor in a dwelling shall be reasonably smooth and level and maintained so
as to be free of all loose, warped, protruding, broken, or rotted boards or other material
that might cause an accident or allow the entrance of rodents and other vermin or insects.
4.22 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room
shall be maintained so as to be impervious to water and readily cleaned.
STAIRS, PORCHES AND BALCONIES
4.23 Inside and outside stairs, porches, balconies and landings shall be maintained so as
to be free of holes, cracks, and other defects which may constitute accident hazards.
Existing stair treads or risers that show excessive wear or are broken, warped or loose and
any supporting structural members that are rotted or deteriorated shall be repaired or
replaced.
GUARDRAILS
4.24 A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a height of
600 mm (24") between adjacent levels. A handrail shall be installed and maintained in
good repair in all stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches, balconies. Guardrails, balustrades and handrails shall be
constructed and maintained rigid in nature.
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KITCHENS
4.25 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) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in
length, exclusive of the sink, and covered with a material that is impervious to
moisture and grease and is easily cleanable, and;
(d) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
4.26 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, washbasin, and a bathtub or suitable shower unit. Every
washbasin and bathtub or shower shall have an adequate supply of hot and cold running
water. Every water closet shall have a suitable supply of running water.
4.27 Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provided with a door capable of being
locked so as to allow privacy for the persons using said room.
4.28 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate entrance shall be
provided from a common passageway, hallway, corridor or other common space to the
room or rooms containing the said facilities.
PLUMBING
4.29 Each washbasin, a bathtub or shower, and one kitchen sink shall be equipped with
an adequate supply of hot and cold running water. Hot water shall be supplied at a
temperature of not less than 43 degrees Celsius (110- F).
4.30 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
4.31 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.
4.32 All plumbing fixtures shall be connected to the sanitary sewer system through water
seal traps.
4.33 Every fixture shall be of such materials, construction and design as will ensure that
the exposed surface of all parts are hard, smooth, impervious to hot and cold water,
readily accessible for cleansing and free from blemishes, cracks, stains, or other defects
that may harbour germs or impede thorough cleansing.
ELECTRICAL SERVICE
4.34 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
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4.35 The electrical wiring, fixtures, switches, receptacles, and appliances located or used
in dwellings, dwelling units and accessory buildings shall be installed and maintained in
good working order so as not to cause fire or electrical shock hazards. All electrical
services shall conform to the regulations established by the Power Corporations Act, as
amended.
4.36 Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 square metres (120 sq. ft) of floor space and for each additional 9.3 square
metres (100 sq. ft.) of floor area, a second duplex outlet shall be provided. Extension
cords shall not be used on a permanent basis.
4.37 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar
and nonhabitable work or storage room shall be provided with a permanent light fixture.
4.38 Lighting fixtures and appliances installed throughout a dwelling unit, including
hallways, stairways, corridors, passage ways, garages and basements, shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
4.39 Every dwelling and building containing a residential dwelling unit or units shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 21 degrees Celsius (70-F.) in the occupied dwelling units. The heating
system shall be maintained in good working condition so as to be capable of safely
heating the individual dwelling unit to the required standard.
4.40 All fuel burning appliances, equipment, and accessories in a dwelling shall be
installed and maintained to the standards provided by the Energy Act, as amended or
other applicable legislation.
4.41 Where a heating system or part thereof that requires solid or liquid fuel to operate, a
place or receptacle for such fuel shall be provided and maintained in a safe condition and
in a convenient location so as to be free from fire or accident hazard.
4.42 Every dwelling shall be so constructed or otherwise separated to prevent the
passage of smoke, fumes, and gases from that part of the dwelling which is not used,
designed or intended to be used for human habitation into other parts of the dwelling used
for habitation. Such separations shall conform to the Ontario Building Code.
4.43 All fuel burning appliances, equipment, and accessories in a dwelling shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or
other approved method.
4.44 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit.
Maintenance includes the removal of all obstructions, sealing open joints, and the repair
of loose or broken masonry units.
4.45 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or structural
members to unsafe temperatures.
FIRE ESCAPES, ALARMS AND DETECTORS
4.46 A listed fire alarm and a fire detection system, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, shall be provided by the owners of
buildings of residential occupancies where sleeping accommodations are provided for
more than ten (10) persons, except that such systems need not be provided where a public
corridor or exit serves not more than four (4) dwelling units or individual leased sleeping
rooms.
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4.47 In addition to the provisions of Article 4.46 hereof, in every dwelling unit in a
building, a listed smoke alarm, approved by the Canadian Standards Association or
Underwriters Laboratories of Canada, or detectors of the single station alarm type,
audible within bedrooms when intervening doors are closed, shall be installed by the
occupant between bedrooms or the sleeping area and the remainder of the dwelling unit,
such as in a hallway or corridor serving such bedrooms or sleeping area. The products of
combustion detector referred shall be:
(a) equipped with visual or audio indication that they are in operating condition;
(b) mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
4.48 Buildings using a fire escape as a secondary means of egress shall have the escape
in good condition, free from obstructions and easily reached through an openable window
or door.
EGRESS
4.49 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.
4.50 Each dwelling containing more than one dwelling unit shall have at least two (2)
exits, both of which may be common or the one of which may be common and the other
may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from
corridors through doors at floor level, except access from a dwelling unit may be through
a vertically mounted casement window having an unobstructed opening of not less than
1,067 by 559 mm, (42 x 22 inches) with a sill height of not more that 914mm, (36
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 and not under the immediate control of the occupants
of the dwelling unit.
NATURAL LIGHT
4.51 Every habitable room except a kitchen, bathroom or toilet room shall have a
window or windows, skylights or translucent panels facing directly or indirectly to an
outside space and admits as much natural light equal to not less than ten percent of the
floor area for living and dining rooms and five percent of the floor area for bedrooms and
other finished rooms.
VENTILATION
4.52 Every habitable room in a dwelling unit, including kitchens, bathroom or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of air of at
least 0.28 square metres (3 sq. ft), or an approved system of mechanical ventilation such
that provide hourly air exchanges.
4.53 All systems of mechanical ventilation shall be maintain in good working order.
4.54 All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated.
ELEVATING DEVICES
4.55 Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and
emergency communication systems shall be operational and maintained in good
condition.
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DISCONNECTED UTILITIES
4.56 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
4.57 The number of occupants, residing on a permanent basis in a individual dwelling
unit, shall not exceed one person for every nine square metres (97 sq. ft), of habitable
floor area. For the purpose of computing habitable floor area, any area with the
minimum ceiling height less than 2.1 metres (7 ft.) shall not be considered.
4.58 No room shall be used for sleeping purposes unless it has a minimum width of two
metres (6.6 ft.), and a floor area of at least seven square metres (75 sq. ft.). A room used
for sleeping purposes by two or more persons shall have a floor area of at least four
square metres (43 sq. ft.) per person.
4.59 Any basement, or portion thereof, used as a dwelling unit shall conform to the
following requirements:
(a) each habitable room shall comply with all the requirements set out in this By-
law;
(b) floors and walls shall be constructed so as to be damp proof and impervious to
water leakage;
(c) each habitable room shall be separated from service rooms by a suitable fire
separation and approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage through a
service room.
PART 5
VACANT LANDS AND BUILDINGS
5.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the trades
concerned. All new construction or repairs shall conform to the Ontario Building Code
where applicable.
VACANT LANDS
5.02 Vacant land shall be maintained to the standards as described in Part 11, Article
2.02, of this By-law.
5.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
5.04 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.
5.05 The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through which
entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood
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securely fastened to the building and painted a colour compatible with the surrounding
walls.
5.06 The owner or agent of a vacant building shall maintain the exterior walls and
components of the building to prevent their deterioration due to weather, insects or
vandalism. They shall be maintained in accordance with sentence 4.10 and 4.11 of this
By-law.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the trades
concerned. All new construction or repairs shall conform to the Ontario Building Code
where applicable.
YARDS
6.02 The yards of non-residential property shall be maintained to the standards as
described in Part 11, Article 2.02 of this By-law.
6.03 The warehousing or storage of material or operative equipment that is required for
the continuing operation of the industrial or commercial aspect of the property shall be
maintained in a neat and orderly fashion so as not to create a fire or accident hazard or
any unsightly condition and shall provide unobstructed access for emergency vehicles.
Where conditions are such that a neat and orderly fashion is achieved but is still offensive
to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or
metal fence not less than 1.8 metres (6 ft.) in height and maintained in good repair.
PARKING AREAS, AND DRIVEWAYS
6.04 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair free of
dirt and litter. Notwithstanding the foregoing, non-residential properties which abut
residential properties, all areas used for vehicular traffic and parking shall have a surface
covering of asphalt, or similar hard surface.
6.05 All areas used for vehicular traffic, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather conditions.
STRUCTURAL SOUNDNESS
6.06 Every part of a building structure shall be maintained in a sound condition so as to
be capable of safely sustaining its own weight load and any additional load to which it
may be subjected through normal use, having a level of safety required by the Ontario
Building Code. Structural members or materials that have been damaged or indicate
evidence of deterioration shall be repaired or replaced.
6.07 Walls, roofs, and other exterior parts of a building or structure shall be free from
loose or improperly secured objects or materials.
EXTERIOR WALLS
6.08 Exterior walls of a building or a structure and their components, including soffits,
fascia, windows and doors, shall be maintained in good repair free from cracked, broken
or loose masonry units, stucco, and other defective cladding, or trim. Paint or some other
suitable preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
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6.09 Exterior walls of a building or a structure and their components, shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
GUARDRAILS
6.10 A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a height of
600 mm (24") between adjacent levels. A handrail shall be installed and maintained in
good repair in all stairwells. Guardrails shall be installed and maintained in good repair
around all landings, porches, balconies. Guardrails, balustrades and handrails shall be
constructed and maintained rigid in nature.
LIGHTING
6.11 All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending the
premises or as may be required by the Occupational Health and Safety Act for industrial
and commercial properties. However, lighting shall not be positioned so as to cause any
impairment of use or enjoyment of neighbouring properties.
PART 7
ADMINISTRATION AND ENFORCEMENT
7.01 This By-law shall apply to all property within the limits of the municipality.
7.02 The imperial measurements contained in this By-law are given for reference only.
OFFICERS
7.03 The Council of the municipality shall appoint a Property Standards Officer(s) to be
responsible for the administration and enforcement of this By-law.
PROPERTY STANDARDS COMMITTEE
7.04 Council shall appoint at large, by a Resolution, (or By-law) of Council no fewer
than three (3) persons of the municipality to the Property Standards Committee for a term
of office concurrent with Council.
7.05 Each member of the Property Standards Committee, appointed by Council, shall be
entitled to an honorarium of twenty dollars ($20.00) per meeting for their attendance at
Committee meetings.
7.06 Every person who initiates an appeal of an Order made under section 15.2 (2) of the
Ontario Building Code Act, S.O. 1992, c.23, shall submit a Notice of Appeal in the time
frame and the manner as prescribed in section 15.3 (1) of the Act. All Notices of Appeal
shall be accompanied by a non-refundable payment of one hundred and twenty five
dollars ($125.00).
COMPLIANCE
7.07 The owner of any property which does not conform to the standards as set out in
this By-law shall repair and /or maintain said property to comply with the standards or
the property shall be cleared of all buildings, structures, debris or refuse and left in a
levelled and graded condition.
VALIDITY
7.08 If an article of this By-law is for any reason held to be invalid, the remaining
articles shall remain in effect until repealed.
Town of Perth Office Consolidation By-law No. 3322
FOR INFORMATION PURPOSES ONLY
Page 13 of 14
7.09 Where a provision of this By-law conflicts with the provision of another by-law in
force within the municipality, the provisions that establish the higher standards to protect
the health, safety and welfare of the general public shall prevail.
TRANSITIONAL RULES
7.10 After the date of passing this By-law, By-Law No. 2228, as amended, shall apply
only to those properties in which an Order to Comply has been issued prior to the date of
passing of this By-law, and then only to such properties until such time as the work
required by such Order has been completed or any enforcement proceedings with respect
to such Order, including any demolition, clearance, or repair carried out by the
municipality shall have been concluded.
7.11 ADMINISTRATION AND ENFORCEMENT
7.11.1. The Chief Building Official appointed pursuant to the Building Code Act,
1992, is hereby assigned the responsibility of administering and enforcing this
By-law and the applicable sections of the Building Code Act, and may so
assign duties to such persons, officers and inspectors as necessary to carry out
the provisions of this by-law and applicable provisions of the Building Code
Act.
7.11.2. Persons appointed or assigned for the purposes of enforcing or administering
this by-law are Property Standards Officers, and have the authority to carry
out the duties assigned to officers under this By-law and the Building Code
Act, and may enforce the provisions of this By-law and the applicable sections
of the Building Code Act.
7.11.3. A Property Standards Officer is hereby authorized to give immediate effect to
any order that is confirmed or modified as final and binding under section
15.3(7) of the Building Code Act, 1992 so as to provide for:
(a) repair of the property; or
(b) clearing of all buildings, structures or debris from the site and the leaving
of the site in a graded and levelled condition, where the cost of doing the
work does not exceed $25,000.
7.11.4. Where the cost of doing the work exceeds $25,000, the Chief Building
Official shall seek the authorization from Council of the Town of Perth to
carry out the requirements of the order.
7.11.5. Upon completion of the work, repairs or demolition by, or behalf of the Town
of Perth, the municipality shall have a lien on the land for the amount spent on
the repair or demolition, and the amount shall be deemed to be municipal real
property taxes and may be added by the Clerk of the municipality to the tax
roll and collected in the same manner and with the same priorities as
municipal real property taxes as provided for by statute.
7.11.6. No owner or occupant shall use or occupy any property when such property
does not conform to the standards set out in this By-law.
7.11.7. The owner or occupant of any property that does not conform to the standards
established in this By-law shall either:
7.11.7.1 Repair and maintain such property to conform to the standards of
this By-law; or
7.11.7.2. Clear the property of all buildings, structures, debris and refuse and
leave it in a graded and levelled condition.
Town of Perth Office Consolidation By-law No. 3322
FOR INFORMATION PURPOSES ONLY
Page 14 of 14
7.12. PENALTY CLAUSE
7.12.1. Every owner or occupant who fails to comply with an Order that is final and
binding is guilty of an offence.
7.12.2. Every person who is convicted of an offence under any provision of this By-
law is liable to a penalty as set out in Section 36 of the Building Code Act,
S.O. 1992, c.23, as amended from time to time, or any successor thereof.
7.12.2.1. Subject to subsection (7.12.2.2.), a person who fails to comply with
an Order which is final and binding is guilty of an offence and
upon conviction shall be liable to a fine of not more than $25,000
for a first offence and to a fine of not more than $50,000 for any
subsequent offence.
7.12.2.2. If a Corporation is convicted of an offence under this By-law, the
maximum penalty that may be imposed on the Corporation is
$50,000 for a first offence and $100,000 for any subsequent
offence.
7.12.2.3. Every Director or Officer of a Corporation who knowingly concurs
in the failure of the Corporation to comply with a final and binding
order is guilty of an offence, and upon conviction shall be liable to
a fine of not more than $25,000 for a first offence and to a fine of
not more than $50,000 for any subsequent offence.
7.12.3. Penalties and set fines for violation of this By-law are set out in Schedule "A"
attached hereto and forming part of this By-law.)
Corporation of the Town of Perth
* INFORMAL NOTICE
Current Date
Owner's Name and Address
Dear Sir/ Madam:
Description and Location of
Property
Be advised that on ( ate 4 Inyection ) an inspection of your property, as noted above, revealed certain
violations of the Town of Perth Property Maintenance and Occupancy Standards By-Law No.3322
Schedule "A", attached hereto, sets out the work required to remedy such violation and to bring the
property into compliance with the By-Law.
Be advised that By-Law No.3322 gives the municipality the authority to issue an ORDER TO
COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O. 1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned procedural step will
not be necessary.
A reinspection of this property will take place on or about ( Datc ) to ascertain compliance.
Should you require further information pertaining to this matter please do not hesitate to contact the
undersigned during normal business hours.
Property Standards Officer
6 13-267-33 1 1
* NOTE: AN INFORMAL NOTICE IS NOT REQUIRED UNDER PROVINCIAL STATUTE. HOWEVER, IT IS
GIVEN AS A COURTESY.
V
Corporation of The Town of Petth
Corporation of the Town of Perth
ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date
Owner's Name and Address
Dear Sir1 Madam:
RE: Description and Location of Property in Violation
WHEREAS on
certain violations of standards of maintenance and occupancy at your property, described above.
( D A ~
1 you were served with an Informal NOTICE that required you to remedy
AND WHEREAS you have failed to remedy the noted violation(s) as set out in Schedule "A", attached
hereto and which forms part of this ORDER.
THEREFORE, IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the prescribed standards as set
out in the Property Maintenance and Occupancy Standards By-Law No.3322 on or before
Date
TAKE NOTICE that if such violations are not remedied within the time specified in this order, the
municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been sewed is not satis$ed with the terms or
conditions of the order may appeal to the committee by sending a NOTICE OF APPEAL by
registered mail to the Secretaly of the committee within fourteen (14) days after service of the order,
and, in the event that no appeal is taken, the order shall be deemed to have been confwmed.
FINAL DATE FOR APPEAL:
Property Standards Officer
613-267-331 1
*NOTE: THIS ORDER PROVIDED AFTER AN INFORMAL NOTICE WAS ISSUED.
Corporation of The Town of Perth
Corporation of the Town of Perth
*ORDER TO REMEDY VIOLATION
OF STANDARDS OF MAINTENANCE AND OCCUPANCY
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c.23
Date
Owner's Name and Address
Dear Sir/ Madam:
RE: Description and Location of Property in Violation
BE ADVISED that on ( Dutc of myedion ) an inspection of your property, as noted above, revealed
certain violations of the Town of Perth Property Maintenance and Occupancy Standards By-Law
No. 3322.
The violation(s) are set out in Schedule ('A1', attached hereto, and forms part of this ORDER
IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be remedied and
the property brought into a condition of compliance with the prescribed standards as set out in the
Property Maintenance and Occupancy Standards By-Law No. 3322 on or before:
Date
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this order,
the municipality may correct such violations at the expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
Ifan owner or occupant upon whom an order has been served is not satisfied with the terms or
conditions of the order may appeal to the committee by sending a NOTICE OF APPEAL by
registered mail to the Secretary of the committee within fourteen (14) days after service of the order,
and, in the event that no appeal is taken, the order shall be deemed to have been confirmed.
FINAL DATE FOR APPEAL:
Property Standards Officer
613-267-331 1
*NOTE: THIS ORDER PROVIDED WITH NO INFORMAL NOTICE ISSUED.
Corporation of The Town of Perth
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the Ontario Building Code Act
Date
To the Secretary
Property Standards Appeal Committee
Corporation of the Municipality of Any Town
* * *formal address * * *
RE: Order to Remedy Violation of Standards of
Maintenance and Occupancy at:
Description and Location of Property in Violation
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal Committee
because of dissatisfaction with the above referenced order to remedy violation of standards of
maintenance and occupancy served upon the undersigned on
Name (Owner or Agent)
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the terms or
conditions of the order may appeal to the committee by sending a NOTICE OF APPEAL by
registered mail to the Secretary of the committee within fourteen days after service of the order, and,
in the event that no appeal is taken, the order shall be deemed to have been confirmed.
The Building Code Act, S.O. 1992, Chapter 23, section 15.3(1)
Signature of Owner or Authorized Agent
Corporation of The Town of Perth
Corporation of the Town Of Perth
I
SUBSTANDARD PROPERTY
Ontario Building Code Act, SO. 7992, c.23
ORDER TO COMPLY
RE: Description and Location of Propetty in Violation
THIS PROPERTY has been found NOT to be in conformity with the Standards
of Maintenance and Occupancy established by this Municipality and as set out
in the Property Maintenance and Occupancy Standards By-Law No. 3322.
SCHEDULE "A", attached hereto, sets out the work required to remedy
such violation@) and to bring the property into compliance with the By-Law.
BE ADVISED THAT THIS PROPERTY MUST BE MADE
TO CONFORM WITH THE BY-LAW ON OR BEFORE THE
-
DAY OF
I 20 -.
Further information may be obtained at the Property Standards Office located
at: 80 Gore Street East, Perth, Ontario, K7H lH9
Dated at
" , This -
Day of
20 -.
Property Standards Officer
61 3-267-331
1