Property Standards By-law 117 of 2010 (Standards of Maintenance and Occupancy)

Plympton–Wyoming, Ontario · No. 117 · adopted 2010-11-10 · summary & facts

This is the exact embedded text of the captured official document. Snapshot d23cd69e2e80 · verified 2026-10-18 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

TOWN OF PLYMPTON-WYOMING BY-LAW NUMBER 117 OF 2010 BEING A BY-LAW TO PROVIDE FOR STANDARDS OF MAINTENANCE AND OCCUPANCY TABLE OF CONTENTS SECTION 1- TITLE, APPLICATION AND SCOPE 1 1.1 TITLE OF BY-LAW ........................................................................................................ 1 1.2 APPLICATION .............................................................................................................. 1 1.3 SCOPE OF BY-LAW ...................................................................................................... 1 1.4 GENERAL DUTY TO REPAIR AND MAINTAIN PROPERTY............................................ 1 SECTION 2 - DEFINITIONS 2 SECTION 3 - MAINTENANCE OF YARD AND ACCESSORY BUILDINGS 5 3.1 yARDS.......................................................................................................................... 5 3.2 LANDSCAPiNG............................................................................................................. 5 3.3 FENCES ........................................................................................................................ 5 3.4 RUBBISH ...................................................................................................................... 6 3.5 PASSAGEWAYS ........................................................................................................... 6 3.6 DRAINAGE ................................................................................................................... 6 3.7 SEWAGE ...................................................................................................................... 6 3.8 SiGNS........................................................................................................................... 6 3.9 ACCESSORY BUILDINGS .............................................................................................. 6 SECTION 4 - MAINTENANCE OF BUILDINGS 7 4.1 STRUCTURAL CAPABIUTY ........................................................................................... 7 4.2 FIRE AND ACCIDENT PREVENTION ............................................................................. 7 4.3 PEST PREVENTION ...................................................................................................... 7 4.4 VENTILATION .............................................................................................................. 7 4.5 COMPOST HEAPS........................................................................................................ 8 4.6 ELEVATING DEVICES .............. , ................................................................. , ..........."........ 8 4.7 DISCONNECTED UTILITIES .......................................................... , ................. ,'.............. 8 4.8 LIGHTING .................................................................................................................... 8 4.9 THERMAL INSULATION ............................................................................................... 8 4.10 DAMPNESS.................................................................................................................. 8 4.11 FOUNDATIONS............................................................................................................ 8 4.12 EXTERIOR WALLS ........................................................................................................ 9 4.13 ROOFS ....................................................................................................................... 10 4.14 EGRESS ...................................................................................................................... 10 4.15 EXTERIOR DOORS AND WINDOWS .......................................................................... 10 4.16 WALLS AND CEILINGS ............................................................................................... 10 4.17 FLOORS ..................................................................................................................... 10 4.18 STAIRS & PORCHES ................................................................................................... 11 4.19 CHIMNEYS & FIRE PLACES ........................................................................................ 11 SECTION 5 - STANDARDS OF FITNESS FOR OCCUPANCY 12 5.1 PLUMBING & PLUMBING FIXTURES......................................................................... 12 5.2 HEATING SYSTEM ..................................................................................................... 13 5.3 ELECTRICAL SERViCES........ ............. ............ .......... ................... ............ ..................... 13 5.4 KITCHENS .................................................................................................................. 14 5.5 OCCUPANCY STANDARD .......................................................................................... 14 SECTION 6 - STANDARDS OF FITNfSS FOR OCCUPANCY 15 6.1 VACANT LANDS............................................................................................ '............. 15 6.2 VACANT BUILD1NGS.................................................................................................. 15 SECTION 7 - NON-RESIDENlIAl PROPERTY STANDARDS 16 7.1 VARDS.. ,..................................................................................................................... 16 7.2 STR,UCTlJRAL SOliNDNESS ....................................................................................... 16 SECTION 8 - ADMINISTRATION AND ENFORCEMENT 17 8.1 PROPERTY STANDARD OFFICER ............................................................................... 17 8.2 ADMINISTRATION AND ENFORCEMENT.................................................................. 17 8.3 NOTICE OF VIOLATION ........................................................................;.~.................. 17 8.4 ,RIGHTS OF APPEAL .........................................................................................n......... 18 8.5 EMER,GENCY ORDER ............................................................. " -.....---.-....,,~................ 18 8.6 EMERGENCY POWERS..................................................................:t........................... 19 8.7 PROVISIONS OF THIS By-LAW................................................................................. 19 SECTION 9 - ENACTMEI\lT........................................................................................................................ 20 APPENDICES A - SECTION 15 OF THE BUILDING CODE ACT B- ORDER TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY C- COMPLAINT FORM D - APPEAL FORM THE CORPORATION OF THE TOWN OF PLYMPTON-WYOMING BY-LAW NUMBER 117 OF 2010 A by-law to provide standards for the maintenance of the physical condition and occupancy of property in the Town of Plympton-Wyoming; WHEREAS the Official Plan of the Town of Plympton-Wyoming includes provisions relating to conditions of property and maintenance and occupancy; AND WHEREAS the Council of the Corporation of the Town of Plympton-Wyoming deems it necessary and expedient to pass a by-law pursuant to the provisions of Section 15 of the Building Code Act, 5.0. 1992, as amended, for prescribing standards for the maintenance and occupancy of property within the Municipality and for prohibiting the occupancy or use of such property that does not conform to the standards; for requiring property below the standards prescribed in the Bylaw to be repaired and maintained to comply with the standards, or for the site to be cleared of all buildings, structures, debris or refuse and left in a graded or leveled condition; and for prohibiting the removal from any premises of any sign, notice or placard placed thereon pursuant to this Bylaw; ant;f furth~r that policies and procedures be ~stablished for the enforcement of this by-law; AND WHEREAS the passing of said By-law is desirable for the protection of the safety, health and well-being of the residents; AND WHEREAS Section 446 of the Municipal Act, as amended, gives a munkipality authority to take the appropri~te remediaf action for any default of the provisions ofa by-law and collect the corresponding related costs on the tax roll; NOW THEREFORE the Council of the Corporation of the Town of Plympton-Wyoming ENACTS as follows: That By-law 92 of 2001 be and is hereby repealed when By-law 117 of 2010 comes into force. SECTION 1- TITLE, APPLICATION AND SCOPE 1.1 TinE OF BY-LAW This By-law may be cited as the "Property Standards By-Law". 1.2 APPLICATION The provisions of this By-law shall apply to all lands in the Town of Plympton-Wyoming. 1.3 SCOPE OF BY-LAW a) Where other by-laws, regulations, or statutes prescribe standards of maintenance and occupancy already addressed in this By-law, or where a provision of this By-law conflicts with a provision of another by-law in force in the Town of Plympton-Wyoming, the provisions that establish the higher standard shall prevail. b) Should any provision of this By-law be declared invalid for any reason by a court of competent jurisdiction, the remainder of this By-law shall continue in force. 1.4 GENERAL DUTY TO REPAIR AND MAINTAIN PROPERTY a) The owner or purchaser, under an agreement of sale, shall repair and maintain the property in accordance with the standards prescribed in this By-law to the satisfaction of the Officer. b) Notwithstanding subsection a), where the maintenance of any property affected by this By-law is made, by written terms of a lease or by an agreement for occupancy, the responsibility of the occupant, the Officer may, at his/her discretion, require the occupant to repair and maintain the property in accordance with the standards prescribed in this By-law to the satisfaction of the Officer. Such standards include the following: i) Limit occupancy of that part of the premises which he/she occupies or controls to the maximum permitted by this By-law; ii) Maintain that part of the premises which he/she occupies or controls in a clean, sanitary and safe condition; iii) Maintain all plumbing and refrigeration fixtures as well as other building equipment and storage facilities in that part of the premises which he/she occupies or controls in a clean and sanitary condition and provide reasonable care in the operation and use thereof; iv) Provide a smoke alarm in all corridors which provide access to bedrooms; v) Maintain a safe condition and unobstructed exit from the interior of the building to the exterior at the street or grade level; vi) Dispose of garbage, refuse, and waste into receptacles in a clean, sanitary manner, in accordance with the provisions established in this By-law; vii) Exterminate insects, rodents, and other pests; viii) Maintain yards in a clean, sanitary, and safe condition and free from infestation insofar as he/she occupies or controls the yards. c) No person shall occupy or let to another for occupancy, any property which does not comply with the regulations of this By-law. 1 SECTION 2 - DEFINITIONS 2.1 ACCESSORY BUILDING means a building or structure, the use of which is incidental or subordinate to the main use of any other building on the premises, or wh ich, if there is no other building on the premises, is incidental to the use of the premises, and which is not intended for human habitation. 2.2 ADMINISTRATIVE FI.E meI:Jns all fees associated with a property(s) in contravention of this by·law, includlng such fee~ for servants of orders, title searches, By·law Officers' wages and mileage, and any other fees deemed appropriate by Council. 2.3 APPROVED means, as applied to a grade, material device or method of construction, approved by the Property Standards Officer under the provisions of this By-law; approved by the Building Inspector under the provisions of the Building Code Act; approved by the Fire Chief under the provisions of The Fire Code, or approved by any other authority designated by law to give approval to the matter in question. 2.4 BALUSTRADE means a row of balusters or spindles surmounted by a railing. 2.5 BASEMENT means a storey or storeys of a building located below the first storey. 2.6 BATHROOM means a room or rooms containing at least one wash basin, a toilet, a bathtub or shower. 2.7 BUILDING means any structure whether temporary or permanent, used or intended for sheltering any use or occupancy but shall not include a boundary wall, fence, travel trailer, camping trailer, truck camper, motor home, or tent. 2.8 BUILDING CODE means The Building Code Act, S.O. 1992, as amended. 2.9 "CHIEF OF THE FIRE DEPARTMENT" means a Fire Chief appointed by the Corporation of the Town of Plympton-Wyoming. 2.10 COMMITTEE means a Property Standards Committee, established pursuant to Section 15.6 of The Building Code Act, S.O. 1992, as set out in this By-law. 2.11 CORPORATION means the Corporation of the Town of Plympton-Wyoming. 2.12 COUNCIL means the Council of the Corporation of the Town of Plympton-Wyoming. 2.13 CRAWL SPACE means a space beneath a floor with clearance of less than 1.5 metres. 2.14 DWELLING means a building or structure or part of a building or structure occupied or capable of being occupied exclUSively as a home, residence or sleeping place by one or more persons and includes a building that would be used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.15 DWELLING UNIT means one or more habitable rooms occupied or capable of being occupied by an individual or family as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such individual or family, with a private entrance from outside the building or from a common hallway or stairway inside the building. 2.16 FINISHED GRADE LEVEL means the average elevation of the finished surface of the ground abutting the external walls of the building or structure, exclusive of any embankment in lieu of steps. 2.17 FIRE RESISTANCE RATING means time in hours or parts thereofthat a material construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of 2 information derived therefrom. 2.18 FIRST STOREY means the storey with its floor closest to grade and having its ceiling more than 1.8 metres above grade. 2.19 GROUND COVER means organic or non-organic materials applied to prevent the erosion of the soil, such as concrete, flagstone, gravel, asphalt, grass or other form of landscaping. 2.20 HABITABLE ROOM means any room in a dwelling unit used or capable of being used for living, sleeping, cooking, or eating purposes, but does not include a bathroom, tOilet room, laundry, pantry, foyer, lobby, stairwell, hall, closet, cellar, recreation room, storage room, furnace room or other space for the service or maintenance of a dwelling. 2.21 LAND means the land around or appurtenant to the whole or any part of a premises and used or intended to be used, or capable of being used in connection with the building. 2.22 MAINTENANCE means the preservation and keeping in repair of a property. 2.23 MEANS OF EGRESS means a continuous path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of persons from any point within a building, floor area, room or contained open space to a public thoroughfare or approved open space. 2.24 MULTIPLE DWELLING means a building containing three or more dwelling units. 2.25 MULTIPLE USE BUILDING residential use. means a building containing both a dwelling unit and a non­ 2.26 MUNICIPALITY means the Corporation of the Town of Plympton-Wyoming. 2.27 NON-HABITABLE ROOM means any room in a dwelling or dwelling unit other than a habitable room, and includes a bathroom, toilet room, laundry room, pantry, communicating corridor, stairway, closet, basement, boiler room or other space for service and maintenance of the dwelling, for public use, and for access to, and vertical travel between storeys. 2.28 NON-RESIDENTIAL PROPERTY means a building or structure or part of a building or structure not occupied or not capable of being occupied in whole or in part for the purpose of human habitation, and includes those lands and premises appurtenant thereto, and all outbuildings, fences or erections thereon or therein. 2.29 NOXIOUS means any structure, weed, shrub, animal, insect or rodent which, from its nature or operation creates a nuisance or is liable to create a nuisance or is offensive by reason of the creation of noise, objectionable odour, or by reason of its unsightly nature or habits, and without limiting the foregoing shall mean any structure, weed, shrub, animal, insect or rodent which may be declared by the Property Standards Officer to be noxious or offensive. 2.30 OCCUPANCY means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property. 2.31 OCCUPANT means any person or persons over the age of 18 years in possession of the property. 2.32 OFFICER means a Property Standards Officer appointed by the Corporation to administer and enforce this By-law. 2.33 OUTDOOR STORAGE means the land used for the purpose of storing building supplies or materials salvaged from any demolition of a building either for storage or salvage for reuse or sale. 3 2.34 OWNER means: a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word owner is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land or premises were let, and 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 for the maintenance and occupancy of property. 2.35 PERSON includes an individual, firm, corporation, association or partnership. 2.36 PLUMBING AND FIXTURES means water heating facilities, water pipes, garbage disposal units, water closets, bathtubs, showers, installed clothes washing or drying machines, laundry tubs, sinks or other similar equipment, catch basins, drains, vents, traps, together with all connections to water, sewage, or vent pipes. 2.37 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, accessory buildings, fences, and erections thereon, whether heretofore or hereafter erected, and includes vacant property. 2.38 REPAIR means the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. 2.39 RESIDENTIAL PROPERTY means any property that is used, or designed for use, as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any land or buildings that are appurtenant to such establishment. 2.40 SEWAGE means any liquid waste containing animal, vegetable or mineral matter in suspension or solution but does not include roof water or other storm runoff. 2.41 SEWAGE SYSTEM means the municipal sanitary sewerage system or a private sewage disposal system approved by the Part VIII Director under the Environmental Protection Act or Part 8 of the Ontario Building Code. 2.42 STANDARDS means the standards for the maintenance and improvement of the physical condition of property and for the fitness for occupancy prescribed in this By-law. 2.43 SUBSTANDARD means a quality less than that required by this By-law. 2.44 SUPPLIED means installed, furnished or provided by the owner. 2.45 TOILET ROOM means: a) In relation to non-residential property, a room containing one or more water closets and wash basins; and b) In relation to residential property, a room containing a water closet. 2.46 TWO-UNIT DWELLING means a building containing two dwelling units and includes semi­ detached and duplex dwellings. 2.47 UNSAFE CONDITION means any condition that would cause undue or unexpected hazard to life, limb, or health of any person authorized or expected to be on or about the premises. 2.48 YARD means the land other than publicly-owned land around and appurtenant to the whole or any part of the property and used, or capable of being used, in connection with the property whether or not the land is owned by the owner of the building. 4 SECTION 3 - MAINTENANCE OF YARD AND ACCESSORY BUILDINGS 3.1 YARDS All yards, including vacant land, shall be kept in a neat and tidy condition, free from: a) Rubbish, garbage, waste, dead animals, and other debris; b} Objects and conditions that are health, fire or accident hazards; c) heavy undergrowth and noxious plants, such as ragweed, poison ivy, poison oak, and excessive growth of grass and/or weeds more than 20cm (8 inches) in height and other vegetation out of character with the surrounding environment; d} Dead, decaying or damaged trees or other natural growth, and the branches and limbs which create an unsafe or unsightly conditions; e) wrecked, dismantled, inoperative, unused or unlicensed vehicles, trailers, or other machinery or any part thereof and junk and refuse of any kind, except in an establishment licensed or authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of character with the surrounding environment; f) Dilapidated or collapsed structures and any unprotected well, old underground tanks, or other unsafe condition or unsightly condition out of character with the surrounding environment. g) Injurious insects, termites, rodents, vermin or other pest$. 3.2 LANDSCAPING a) Hedges, planting, trees or other landscaping, required by the Municipality as a condition of site development, redevelopment or rearrangement, shall be maintained in a living condition or shall be replaced with equivalent landscaping, so as to carry out their intended function and maintain an attractive appearance. b) Suitable groundcover shall be provided to prevent erosion of the soil. Where grass forms a part of the groundcover, and such grass has been killed, such dead areas shall be re-sodded or reseeded as often as required so as to restore the grass to a living condition. c) Areas within the yard not covered by buildings or structures, sidewalks, driveways and parking areas shall be maintained to a standard at least compatible with the abutting and adjoining properties. d) All areas used for vehicular traffic, parking, and facilities for loading and unloading shall be maintained in good repair, free of potholes, and adequately drained. 3.3 FENCES Fences shall be maintained in good repair, free from accident hazards and protected by paint, preservative or other weather resistant material. Fences around swimming pools shall be a minimum of 1.5 metres (5 feet) in height and shall be provided with a latch in good working order. 5 3.4 RUBBISH a) Garbage should be stored under cover or in containers. Rubbish and garbage containers shall be kept and maintained in a clean state. b) Every property shall be kept free of such refuse or litter. c) Every non-residential building shall provide sufficient receptacles to contain all refuse and litter as may be left by customers or other members of the public. 3.5 PASSAGEWAYS Passageways, steps, walks, driveways, parking space and similar areas of a yard shall be maintained so as to afford safe passage under normal use and weather conditions. 3.6 DRAINAGE a) Exterior property areas shall be graded and maintained in such a manner as to prevent the excessive or recurrent ponding of storm water thereon, and shall be cultivated or protected with suitable groundcover to prevent erosion of the soil. b) No downspout or sump pump drainage shall be discharged on sidewalks, stairs or neighbouring properties or into a sanitary sewer. 3.7 SEWAGE a) Sewage shall be discharged into the sewerage system and at no time shall sewage be discharged onto the surface of the ground whether into a natural or artificial surface drainage system or otherwise. b) Notwithstanding subsection a) above, where a municipal sanitary sewer has not been installed, all sewage shall be discharged into a private sewage disposal system approved by the Ministry ofthe Environment or the Ontario Building Code. c) Private sewage systems shall be maintained in accordance with the Ontario Building Code requirements. 3.8 SIGNS a) All signs permitted under By-laws of the Corporation shall be maintained in a good state of repair. b) Signs which are damaged or broken, or which are excessively weathered or faded, upon which the finish is worn, peeled or cracked, shall, with their fastenings and supporting members, be removed or refinished and put in a good state of repair. 3.9 ACCESSORY BUILDINGS a) Accessory buildings including garages, carports, fences and other structures appurtenant to the property shall be kept in good repair and free from health, fire and accident hazards. b) Where an accessory building or any condition in a yard harbors noxious insects or rodents, all necessary steps shall be taken to eliminate the insects or rodents and to prevent their reappearance in accordance with the provisions of The Pesticides Act, R.S.O., 1980, Chapter 376 and all regulations passed pursuant thereto. c) Where an accessory building is not maintained in accordance with these standards it shall be removed from the yard. 6 SECfION 4 - MAINTENANCE OF BUILDINGS 4.1 STRUCTURAL CAPABILITY a) Every building, accessory structure or any part thereof shall be maintained in a structurally sound condition so as to be capable of sustaining its own weight or any additional weight which may be put on it through normal use, and materials which show damage or evidence of decay or other deterioration shall be repaired or replaced. b) All exterior exposed surfaces not inherently resistant to deterioration shall be treated with a protective coating or paint or otherwise repaired, coated, sealed or treated to protect them from deterioration or weathering. c) The exterior walls, roofs and other parts of a building shall be free from loose, rotten, warped and broken materials and objects; such materials and objects shall be removed, repaired or replaced. 4.2 FIRE AND ACCIDENT PREVENTION a) When, because of the existence of a building or accessory structure, or the contents thereof, an unsafe condition exists to persons on or about the exterior property areas of premises, The Building Code Act shall apply to the extent necessary to abate the unsafe condition. b) In the event that strict application of the regulations of The Building Code Act is not practical, the Property Standards Officer may accept alternative measures, provided the standard of safety that results is generally equivalent to the standard provided by the detailed Building Code Act regulations. c) In the event of fire or other disaster, measures shall be taken as soon as possible to make the damaged building or accessory structure compatible with its environment. Without restricting the generality of the foregoing, such measures include making the building or accessory structure safe, repairing damaged surfaces exposed to view, and refinishing so as to be in harmony with adjoining undamaged surfaces and the general environment. d) In the event the building or accessory structure is beyond repair or not repaired, the land shall be cleared of all remains and left in a graded, level, and tidy condition. e) Materials of an inflammable nature shall be safely stored or removed at once from the property. 4.3 PEST PREVENTION a) All buildings shall be kept free of rodents, vermin and insects at all times and methods used for exterminating rodents or insects or both shall be in accordance with the proviSions of The Pesticides Act. RS.O., 1980, and all regulations passed pursuant thereto. b) A basement or cellar window used for ventilation and any other opening in a basement, crawl space or cellar including a floor drain that might permit entry of rodents shall be screened with wire mesh, metal grill or other durable material which will effectively exclude rodents. 4.4 VENTILATION a) Every habitable room or room where people work shall have an opening or openings for natural ventilation or a system of mechanical ventilation. 7 b) All systems of mechanical ventilation or air conditioning shall be maintained in good working order. c) Every unheated crawl space shall be adequately vented to the outside air. d) Where an aperture such as a window, skylight, or louver is used for ventilation, the aperture shall be maintained so as to be easily opened, kept open, and closed. e) Where a system of mechanical ventilation or air conditioning such as an electric fan with a duct leading outside has been installed in a dwelling, the system shall be maintained in good working order. 4.5 COMPOST HEAPS The occupant of a r.esidential property may provide for a compost heap in accordance with the health reg»~ations, provided that the compost pile is no larger than one square metre and 1.8 m~tres(:5.9 ft.) 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. 4.6 ELEVATING DEVjCES Elevators and other elevating devices including all mechanical and electrical equipment, Ifghting fixtures, lamps, control buttons, floor indicators, ventilatio~~fansJ and emergency communication systems shall be operational and maintained in good condition. 4.7 DISCONNECTED SERVICES Owners ofresidentiq.l..b",ildings or any person or persons aeting on behalf of such owner shalt not disconnect or,(;ause 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, e~cept for such reasonable period of time as Illay be necessary for the purpose of repairing, replacing,()r otherwise altering said service or utility. 4.8 LIGHTING a) Adequate lighting fixtures shall be installed and maintained in all areas so that the work or operations normally carried out in such areas, or the use of such areas, can be undertaken in safety and without undue eye strain. b) All public halls and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. 4.9 THERMALINSULATION Thermal insulation of buildings to minimize heat losses shall be provided in accordance with the provisions of the Ontario Building Code where necessary and practical. 4.10 DAMPNESS The interior floors, ceilings and walls of a building shall be kept free from dampness arising from the entrance or moisture through an exterior wall or through a roof or through a cellar, basement or crawl space. 4.11 FOUNDATIONS a) The foundation walls and the basement floor of a building or an accessory structure shall be maintained in good repair and structurally sound as to prevent settlement detrimental to the appearance of the building, and to prevent the entrance of moisture, insects or rodents into the building. 8 b} Without limiting the generality of subsection a}, the maintenance of a foundation includes: i} The jacking-up, underpinning or shoring of the foundation where necessary; ii} Installing subsoil drains below interim grade of basements and crawl spaces where such would be beneficial; iii} The grouting of masonry cracks; iv} Waterproofing the walls and joints; v} The carrying out of such other work as may be required to overcome any existing settlement detrimental to the appearance of the building; vi} Repairing or replacing decayed, damaged or weakened sills, piers, posts or other supports; vii) Making sills, piers, posts or other supports waterproof and resistant to insects by the application of suitable materials or treatment. 4.12 EXTERIOR WALLS a) Exterior walls, parapet walls and components thereof shall be maintained in good repair, weather-tight, free from loose or unsecured objects and materials in a manner to prevent deterioration due to weather or infestation or deterioration detrimental to the appearance of the building. b) Without limiting the generality of subsection a}, the maintenance of exterior walls includes: i} The applying of paint or materials to preserve all exterior wood and metal work; ii) The applying of paint or materials to improve or maintain a pleasant and satisfying appearance at least commensurate with that of the neighbourhood; iii} the restoring, repairing or replacing of the walt the bricks and mortar, the stucco, shingles or cladding, the coping, the flashing and the waterproofing and the caulking of the wall and joints. c) All canopies, marquees, signs, awnings, fire escapes, stand pipes, exhaust ducts, and similar overhanging extensions shall be maintained in good repair, be properly anchored and shall be protected from the elements and against decay and rust by the periodic application of a weather coating material such as paint or other protective treatment. d) All cornices, belt courses, corbels, terracotta trim, wall facings, and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. e) All air conditioners shall be maintained in a safe mechanical and electrical condition and water condensators directed so as not to create a hazard. f} Where mechanical ventilation is used the ventilating duct which is on the exterior wall shall not be located closer than 1.8 metres (6 feet) from a window located in an adjoining building, or in the building in which the ventilating duct is located. 9 4.13 ROOFS a) The roof including a fascia board, soffit and cornice, shall be maintained in a weather tight condition so as to prevent leakage and free from loose or unsecured objects or materials. b) Without restricting the generality of subsection a), the maintenance includes repairing of the roof and flashing, applying waterproof coating, installing or repairing eaves trough and rain water piping, and using other suitable means. c) Dangerous accumulations of snow or ice or both shall be removed. d) Eaves troughs and down pipes shall be kept in good repair, free from obstructions and properly secured to the building. 4.14 EGRESS a) Every dwelling unit or building shall have satisfactory means of egress to meet Part 11 of the Ontario Building Code. 4.15 EXTERIOR DOORS AND WINDOWS a) Exterior doors and windows shall be maintained in good repair, reasonably draft free and weather tight. b) Exterior doors shall be kept weather resistant through the use of appropriate weather resistant materials. c) Nothing in this Section shall be construed as preventing doors, windows and other openings in an unoccupied building or accessory structure from being protected from damage or to prevent entry, provided that protection of exterior doors and windows is prohibited for unoccupied buildings, unless this protection is fitted and painted or otherwise covered to blend in with the exterior of the building. 4.16 WALLS AND CEILINGS a) Interior walls and ceilings shall be maintained in good condition and free of holes or cracks and loose plaster or other material. b) Without restricting the generality of subsection a) maintenance includes repairing or filling holes and cracks and removing and replacing loose or defective parts. c) Where fire resistant walls exist between separate dwelling units, they shall be maintained in a condition which maintains their fire resistant quality. 4.17 FLOORS a) Floors shall be maintained in a clean and sanitary condition, reasonably smooth and level and free of loose, warped or decayed boards, depressions, protrusions, deterioration or other defects which are health, fire or accident hazards. b) Where floors are covered, the covering shall be maintained in a safe condition free from worn, torn, damaged or holed parts in which dirt collects or which forms a health or accident hazard. c) Lavatory or washroom floors, shower-room floors, toilet room and bathroom floors shall be maintained reasonably impervious to water and in a condition conducive to easy cleaning. 10 d) Basements which are served by a stairway leading from inside the building or from outside the building shall have a durable finished floor, and where required, shall have a floor drain located at the lowest point of the said floor, which shall be connected to a storm drain or storm sewer system. e) A finished floor in a basement shall be free from major cracks, breaks or such as may create a hazardous condition. f) Without restricting the generality of subsection a), b), c), d) and e), maintenance includes installing, repairing, refinishing and replacing a floor or floor covering to the required standards. 4.18 STAIRS & PORCHES a) Any inside or outside stair, balcony, porch or canopy shall be maintained so as to be free of holes, cracks and other defects which may constitute possible accident hazards. b) Without restricting the generality of subsection a), the maintenance includes repairing and replacing of treads or risers that show excessive wear or are broken, warped or loose or otherwise defective and supporting structural members that are rotted or deteriorated. Precast or poured concrete steps shall be maintained in good repair and to correct settlement. c) All stairs, balconies, porches and canopies shall be painted or coated with a preservative unless constructed of material inherently resistant to deterioration. d) A handrail or guard shall be installed and maintained in good repair on the open side of a stairway and on the open side of a balcony, porch or landing so as to provide protection against accident or injury. 4.19 CHIMNEYS & FIRE PLACES a) Every chimney smoke pipe and flue in or on a building, actually in use or available for use, shall be maintained so as to prevent gases from leaking into the building, and at all times shall be kept in good repair and maintained free from loose or broken capping. b) Without restricting the generality of subsection a), the maintenance includes clearing the flue of obstructions, sealing open joints and repairing masonry. c) Every fireplace used or intended to be used in a building for burning fuel in open fires shall be maintained so that adjacent combustible material and structure members shall not be heated to unsafe temperatures. d) Without restricting the generality of subsection c), the maintenance includes securing the connection to a chimney that complies with the CAN!CSA-B365-M standard of the Ontario Building Code, lining and repairing and relining with fire resistant material, and installing and repairing and replacing the hearth. 11 SECTION 5 - STANDARDS OF FITNESS FOR OCCUPANCY 5.1 PLUMBING & PLUMBING FIXTURES a) All installed plumbing, including plumbing fixtures, drains, vents, water pipes, water closets and connecting lines to the water and sewer systems, shall be maintained in good working order and repair, free from leaks or other defects. b) Every dwelling shall be provided with an adequate supply of potable running water from a source approved under the Ontario Building Code. c) All dwellings shall have the sanitary facilities connected to a sewage system approved under the Ontario Building Code. d) Every self-contained dwelling unit shall be provided with a bathroom and toilet room with provision for privacy that is accessible and available to all occupants having at least: i) One toilet; ii) One bathtub or shower or combination bathtub and shower; iii) One wash basin located in or immediately adjacent to every room containing a water closet or urinal; that are: iv) In good working order. v) Served with hot and cold running water (only cold water connection required to water closets and urinals). vi) Connected to the drainage system. e) The hot water serving the wash basin and bathtub or shower required by subsection d) shall be provided so that it may be drawn from the tap at a temperature of not less than 38 degrees C (100 degrees F) and shall not exceed 49 degrees ((120 degrees F). f) Rooms containing sanitary conveniences and toilet facilities shall: i) Be regularly cleaned so as to be maintained in a clean and sanitary condition; ii) Have surfaces reasonably impervious to water; iii) Be kept in a safe and bacteria free condition. g) No facilities for the preparation, cooking, storage or consumption of food, or for sleeping, shall be contained within a room that contains a toilet. h) Non-residential buildings that are places of employment shall be used in accordance with Subsection 3.7.4 ofthe Ontario Building Code. i) Where toilet, kitchen 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. The number of toilets, kitchens or bathrooms required shall be related to the number of occupants sharing the facility. 12 5.2 HEATING SYSTEM a) Every dwelling unit shall be provided with a heating system which maintains a room temperature of 20 degrees C (68 degrees F) in all habitable rooms, bathrooms and toilet rooms. b) The heating system required by subsection a) shall be maintained in good working condition so as to be capable of heating the dwelling safely. c) Permanently sealed connections shall be kept between all heating equipment involving combustion and a chimney or flue which provides sufficient outlet for venting to the exterior of all gases so as to prevent any health, fire or accidental hazard. d) Approved connections shall be kept between all heating and cooking equipment burning gaseous fuels and the supply line. e) A space that contains a heating unit shall have a natural or mechanical means of supplying air in such quantities to provide adequate combustion. f) No room heater shall be placed so as to cause a fire hazard to walls, curtains and furniture, nor to impede the free movements of persons within the room where the heater is located. g) Where any heating equipment burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire or accident hazard and maintained to the standard prOVided by the Energy Act as amended or other applicaQle legislation. 5.3 ELECTRICAL SERVICES a) Every dwelling unit and, where required by the Building or Electrical Safety Codes, all buildings and accessory structures shall be: i) Connected to an electrical supply system and wired to receive electricity. Ii) provided with an adequate supply of electric power available at all times. b) The capacity of the connection to the building and the system of circuits distributing the electrical supply within the building shall be adequate for the use and intended use and shall be in compliance with The Electrical Safety Code. c) Every habitable room, except a kitchen, shall contain at least one electrical duplex convenience outlet and every kitchen shall contain at least two duplex convenience outlets. d) Fuses or overload devices shall not exceed limits set by Hydro-One. e) Existing wiring and electrical equipment shall be in good, serviceable and safe condition as required by Hydro-One. 13 5.4 KITCHENS a) Every self-contained dwelling unit shall contain a kitchen area equipped with a sink served with hot and cold water, storage facilities, a countertop work area and space for a stove and refrigerator. b) Every kitchen sink shall have a drain area of an impervious surface and shall be connected to an appropriate drain. c) Every main cooking space shall have provided an adequate and approved energy source. d) All combustible materials in the area of a cooking surface shall meet the standards of the Ontario Building Code. e) All habitable rooms, except kitchens, shall be provided with a source of natural light. 5.5 OCCUPANCY STANDARD a) A non-habitable room shall not be used as a habitable room. b) No portion of a building shall be occupied if it does not meet the requirements of this By-law. c) The maximum number of occupants in a dwelling unit shall not exceed one person per 9.3 square metres (100 square feet) of habitable room floor area. d) No basement shall be used as a dwelling unit unless it is otherwise permitted and it meets the following requirements: i) The dwelling unit meets all requirements for egress, light and ventilation set out in this By-law; ii) Floors and walls are constructed so as to be impervious to leakage of underground and surface runoff water. 14 SECTION 6 - VACANT LANDS AND BUILDINGS All repairs and maintenance of property shall be carried out with sultable~nd sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shaH conform to the Ontario Building Cod.e. where applicable. 6.1 VACANT LANDS Vacant land shalt be graded, filled or otherwise drained so as to prevent recurrent ponding of water. 6.2 VACANT BUILDINGS a) 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. b) The owner Of agent of a vacant building shall board J.tP the lluildingtothe satisfaction of the Property Standards Officer by covering all openings t~rough. which entry may be obtained with at least 12.7 mm (0.5 inch) weather-proof ~heetp~ywoodsecurely fastened to the build~ng and painted a colour compatible with the surrolJndmg walls. 15 SECTION 7 - NON -RESIDENTIAL PROPERTY STANDARDS All repaJrs and maint~nance 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 Suilding Code where applicable. 7.1 YARDS a) The warehousing or storage of material or operative equipment that is required for the continuing operation ofthe industrial or commercial 3cSpect oftheproperty shall be maintained in a neat and orderly fashion so as not to create a fire·or accident hazard or any unsightly condition and shaH provide unobstructive access for emergency vehicles. 7.2 STRUCTURAL SQUN'DNESS a) Everyp.artpf a building structure shall be maintained in a sound condition so as to be capable Qf safely sustaining its own weight load and anyadditiol1aJ loaq to which it may be subjected through normal use, having a Jevel of safety requir~d by the Ontario Building C;pde., StructuralO'lembers or materials that have been damaged or indicate evide.nce of deterioration shall be repaired or replaced. b) Walls, roofs, and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials. 16 SECfION 8· ADMINISTRATION AND ENFORCEMENT 8.1 PROPERTY STANDARD OFFICER This By-law shall be administered and enforced by a Property Standards Officer appointed by the Town of Plympton-Wyoming. 8.2 ADMINISTRATION AND ENFORCEMENT The administration and enforcement of this By-law is to be carried out in accordance with Section 15 of the Building Code Act, S.D. 1992. a) When any lands are not maintained pursuant to the requirements of this By-law, the By-law Enforcement Officer or designated person shall send Notice to the current or registered property Owner on title at the subject address listed on title. Such notice, in the form of an Order to Comply, shalt detail the violation and allow the owner 14 days (unless otherwise stated by Council) from time of receipt to correct the violation. Such noti~e shall tJe deemed received, if delivered other than by handi within five days after the date of the notice. b) If the Owner of any property fails to comply with anything required to be done in accordance with this by-law, the Town of Plympton-Wyoming in addition to all other remedies, shall: i) Have the right to proceed with appropriate measures in order to bring the prop~rty into comp!l1ance with this By-law, and for this purpose with its servants and agents from time-to-time to enter in and upon the property. if) Not be Hable to compensate such owner or any other person haVing an interest in the prQperty by reasons of any thing done by or on behalf of the Town of Plympton-Wyoming under provisions of this subsection, and iii) Have t~ right to recover from the Owner of the property any amount expended by or on behalf of the Town of Plympton-Wyoming under the authority of this section tog~ther with an administrative fee representing 100% of the amount expended by or on behalf of the municipality. c) It is hereby declared that each and every of the foregOing provis.!cms ofthe By-law is servable and that, if any provisions of this By-law should, for any reason~~ be declared invalid by any court, It is the intention and desire of this Cou neil that each and every of the then remaining provisions hereof shall remain in full force and effect. 8.3 NOTICE OF VIOLATION a) If, after inspection, the Officer is satisfied that in any respect the property does not conform to the standards prescribed in this By-law, he/sbe may ma~eanorder, i) Stating th.e municipal address or legal description of the property; ii) giving reasonable particulars of the repairs tQ be made or stating that the site is to be dearedof all buildings, structures, debris or refuse and left in a graded and levelled condition; iii) indicating the time for complying with the terms and conditions of the order and giving notice that, if such repairs or clearance are hot carried out within the time, the Municipality may carry out the repairs or clearance at the expense of the owner; and iv) Indicating the final date for giving notice of appeal from the order. 17 b} The order shaH b~ .served on the owner of the property.and such other persons affected by it as the. Qfficer determines and a copy of the order may be posted on the property. c) The. order may be registered in the proper registry office and, up~n such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the date on Wbich the order was served and when the requirements of the order have been satisfied, the Clerk of the Munic;ipaJity shall forthwith register in the proper land registry .office a certificate that such requirements ..have been satisfied, which shall operate as a dlscharge of such order. 8.4 RIGHTS OF APPEAL a) When an owner or occupant upon whom an order has been served in aCcordance with this By-law is not satisfied with the terms or conditions of the order, he/she may 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. b) The ~cretaryoHhe Committee, in receipt of a notice of appeal, shalt determine the date, place and timing of the hearing of the appeal which shafl take place not less than seven (7) d"ys and not more than thirty (30) days from the date of receipt.of the foresaid notice and shall give notice in writing of the date, place and time of the hearing to the appellant and the Qfficer who issued the order. c) When an appeal has been taken, the Committee shall hear the appeal and shall have all the powers and functions of the Officer and may confirm the order to demolish or repair or may modify or quash it or may extend the time for complying with the order provided that, in the opinion of the Committee, the general intent and purpose of the By-law and of the Official Plan or policy statement are maintained. d) The Committee. shall gNe a copy of its written decision to the appel/ant and the Officer Who issued the order. e) The Municipality in which the property is situate or any ow"er or occupant or person affected by a decision of the Committee may appeal to a Judge oIthe Ontario Court (Gener;;tl Division) by so notifying the Clerk of the Corporation in writ!n. it.nd by applying fOJ an appointment within fourteen (14) days after the sending of a copy ofthe decision and: i} the. Ju~ge shallt in writing, appoint a day, time and place for the hearing of the appeal and: 1n his/her appointment, may dlrect that it shall be served upon such Persons, and in such manner as he/she prescribes; ii) The appointment shall be served in a manner prescribed; iii) The Judge on such appeal has the same powers and functions as the Committee. f) The order as deemed to have been confirmed by the Officer or as ~onfirmed or modified by the committee or, in the event of an appeal to the judge as 9;>nfirmed or modified by the judge, shall be final and binding upon the owner and Occupant who shall make the repair or eff~ct the demolition within the time and in the manner specified in th.e order. 8.5 EMERGENCY ORDER Despite any other provisions of this By-law, if upon inspection of a property the Officer is satisfied there is nonconformity with the standards prescribed in the By-law to such extent as to pose an immediate danger to the health or safety of any person the Officer may make an order containing particulars of the nonconformity and requiring remedial repairs or other work to be carried out forthwith to terminate the danger. 18 8.6 EMERGENCY POWERS After making an order under section 6.9 of this By-law, the Officer may, e'i:tber befon!! or after the order tsserved, take or cause to be taken any measures he/she considers, necessary to terminate the danger, and for this purpose the municipality has the right. through its servants and agents, to enter in and upon the property from time to time. 8.7 The Provisions of this By-law do not apply to municipally owned or controlled property. 19 SECTION 9 - ENACTMENT This By-law shall come into force and take effect on the day of its passing. Read a First and Second time this 10th day of November, 2010. READ A THIRD TIME and finally passed this 10th day of November, 2010. ~ MAYOR 7 20 14 Building Code Act 14.- (1) Stop Work Order. If an order made under section 12 or 13 is not complied with within the time specified in it, or where no time is specified, within a reasonable time, the chief building official or registered code agency, as the case may be may order that all or any part of the construction or demolition cease. 1992, c.23, s.14(1); 2002, c.9, s.21(1) (1.1) Form of Order. The prescribed form must be used for the order. 2002, c.9, s.21(2) {2) Service. The order shall be served on such persons affected thereby as the chief building official or registered code agency determines and a copy shall be posted on the site of the construction or demolition. 1992, c.23, s.14(2); 2002, c.9, s.21(3) (3) Timing. The order is effective from the time it is posted under subsection (2). 1992, c.23, s.14(3) (4) Effect of Order. If an order to cease construction or demolition is made, no person shall perform any act in the construction or demolition of the building in respect of which the order is made other than work necessary to carry out the order made under section 12 or 13. 1992, c.23, s.14(4) (5) Referral to Chief Building Official. When a registered code agency makes an order under this section, the agency shall refer the matter to the chief building official as soon as practicable. 2002, c.9, s.21(4) (6) Same. The referral must be made in the prescribed manner. 2002, c.9, s.21(4) (7) Effect of Referral. After making the referral, the registered code agency shall take no further steps in respect of the matter to which the order refers and the principal authority that issued the permit is responsible for the enforcement of this Act in respect of the matter. 2002, c.9, s.21(4) (8) Powers of Chief Building Official. The chief building official may amend or rescind any order made by the registered code agency in respect of the matter. 2002, c.9, s.21(4) ®Ontario Property Standards 15. Repealed. 2002, c.9, s.22 15.1- (1) MuniCipal Property Standards. In sections 15.1 to 15.8 inclusive, "committee" means a property standards committee established under section 15.6; ("comite") "occupant" means any person or persons over the age of 18 years in possession of the property; ("occupant") "owner" includes, (a) the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land and premises were let, and (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 for the maintenance and occupancy of property; ("proprietaire n ) "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 vacant property; ("bien") "repair" includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established in a by-law passed under this section. ("reparation") 1997, c.24, s.224(8) (2) Adoption of Policy. Where there is no official plan in effect in a municipality, the council of the municipality may, by by-law approved by the Minister, adopt a policy statement containing provisions relating to property conditions. 1997, c.24, s.224(8) (3) .Standards for Maintenance and Occupancy. The council of a municipality may pass a by-law to do the following things if an official plan that includes Provisions.-relating to property conditions is in J effect in the municipality or if the council of the municipality has ad,bpted a policy statement as mentioned in subsection (2); 2006 Building Code Compendium ® Ontario Building Code Act 1. Prescribing standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with 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 levelled condition. 1997, c.24, s.224(8) (4) No Distinction on the Basis of Relationship. The authority to pass a by-law under subsection (3) does not include the authority to pass a by­ law that sets out requirements, standards or prohibitions that have the effect of distinguishing between persons who are related and persons who are unrelated in respect of the occupancy or use of a property, including the occupancy or use as a single housekeeping unit. 1997, c.24, s.224(8) (5) Provision of No Effect. A provision in a by-law is of no effect to the extent that it contravenes the restrictions described in subsection (4). 1997, c. 24, s.224(8) 15.2- (1) Inspection of Property Without Warrant. Where a by-law under section 15.1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by-law; or (b) whether an order made under subsection (2) has been complied with. 1997, c.24, 8.224(8) (2) Contents of Order. An officer who fmds that a property does not conform with any of the standards prescribed in a by-law passed under section 15.1 may make an order, (a) stating the municipal address or the legal description of such property; (b) giving reasonable particulars of the repairs to be made or stating that the site is to be cleared of all bUildings, structures, debris or refuse and left in a graded and levelled condition; (c) indicating the time for complying with the terms and conditions of the order and giving notice that, if the repair or clearance is not carried out within that time, the municipality may carry out the repair or clearance at the owner's expense; and (d) indicating the final date for giving notice of appeal from the order. 1997, c.24, s.224(8) (3) Service and Posting of Order. The order shall be served on the owner of the property and such other persons affected by it as the officer determines and a copy of the order may be posted on the property. 1997, c.24, s.224(8) (4) Registration of Order. The order may be registered in the proper land registry office and, upon such registration, any person acquiring any interest in the land subsequent to the registration of the order shall be deemed to have been served with the order on the day on which the order was served under subsection (3) and, when the requirements of the order have been satisfied, the clerk of the municipality shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order. 1997, c.24, s.224(8) 15.3- (1) Appeal of Order. An owner or occupant who has been served with an order made under subsection 15.2(2) and who is not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of appeal by registered mail to the secretary of the committee within 14 days after being served the order. 1997, c.24, s.224(8) . (2) Confirmation of Order. An order that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed. 1997, c.24, s.224(8) (3) Duty of Committee. The committee shall hear the appeal. 2002, c.9, s.24 (3.1) Powers of Committee. On an appeal, the committee has all the powers and functions of the officer who made the order and the committee may do any of the following things if, in the committee's opinion, doing so would maintain the general intent and purpose of the by-law and of the official plan or policy statement: 1. Confirm, modify or rescind the order to demolish or repair. 2. Extend the time for complying with the order. 2002, c.9, s.24 2006 Building Code Compendium 15 18 Building Code Act ® Ontario (2) Samples. The officer shall divide the sample taken under clause (l)(e) into two parts and deliver one part to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities. 1997, c.24, s.224(8) (3) Same. If an officer takes a sample under clause (l)(e) and has not divided the sample into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken. 1997, c.24, s.224(8) -(4) Receipt. An officer shall provide a receipt for any document or thing removed under clause (I)(b) and shall promptly return them after the copies or extracts are made. 1997, c.24, s.224(8) (5) Evidence. Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as and have the same evidentiary value as the originals. 1997, c.24, s.224(8) Unsafe Buildings 15.9~ (1) Inspection of Unsafe Buildings. An inspector may enter upon land and into buildings at any reasonable time without a warrant for the purpose of inspecting a building to determine, (a) whether the building is unsafe; or (b) whether an order made under subsection (4) has been complied with. 2002, c.9, s.26 (2) Interpretation. A building is unsafe if the building is, (a) structurally inadequate or faulty for the purpose for which it is used; or (b) in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented. 2002, c.9, s.26 (3) Sewage Systems. In addition to the criteria set out in subsection (2), a sewage system is unsafe if it is not maintained or operated in accordance with this Act and the building code. 2002, c.9, s.26 (4) Order. An inspector who finds that a building is unsafe may make an order setting out the reasons why the building is unsafe and the remedial steps necessary to render the building safe and may require the order to be carried out within the time specified in the order. 2002, c.9, s.26 (5) Service. The order shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order may be posted on the site of the bUilding. 2002, c. 9, s. 26 (6) Order Respecting Occupancy. If an order of an inspector under subsection (4) is not complied with within the time speCified in it, or where no time is specified, within a reasonable time, the chief building official, (a) may by order prohibit the use or occupancy of the building; and (b) may cause the building to be renovated, repaired or demolished to remove the unsafe condition or take such other action as he or she considers necessary for the protection of the public. 2002, c.9, s.26 (7) Power of Entry. For the purpose of clause (6)(b), the chief building official, an inspector and their agents may enter upon land and into buildings at any reasonable time without a warrant. 2002, c.9, 8.26 (8) Service. The order under clause (6)(a) shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy of the order shall be posted on the site of the building. 2002, c.9, s.26 (9) Timing. The order under clause (6)(a) is effective from the time it is posted. 2002, c.9, s.26 (10) Lien. If the building is in a municipality, the municipality shall have a lien on the land for the amount spent on the renovation, repair, demolition or other action under clause (6)(b) and the amount shall have priority lien status as described in section 1 of the Municipal Act, 2001. 2002, c.17, Sched. s.4(1) (11) Deemed Taxes. If the building is in territory without municipal organization, the amount spent on the renovation, repair, demolition or other action under clause (6)(b) shall be deemed to be taxes imposed under section 3 of the Provincial Land Tax Act for the purposes of sections 26 and 27 of that Act. 2002, c.9, 8.26 2006 Building Code Compendium ® Ontario 15.10- (1) Emergency Order where Immediate Danger. If upon inspection of a building an inspector is satisfied that the building poses an immediate danger to the health or safety of any person, the chief building official may make an order containing particulars of the dangerous conditions and requiring remedial repairs or other work to be carried out immediately to terminate the danger. 2002, c.9, 8.26 (2) Service. The order shall be served on the owner and each person apparently in possession of the building and such other persons affected thereby as the chief building official determines and a copy shall be posted on the site of the building. 2002, c.9, s.26 (3) Emergency Powers. After making an order under subsection (1), the chief building official may, either before or after the order is served, take any measures necessary to terminate the danger and, for this purpose, the chief building official, an inspector and their agents may at any time enter upon the land and into the building in respect of which the order was made without a warrant. 2002, c.9, s.26 (4) No Liability. Despite subsection 31(2), the Crown, a municipality, an upper-tier municipality, a board of health, a planning board or a conservation authority or a person acting on behalf of any of them is not liable to compensate the owner, occupant or any other person by reason of anything done by or on behalf of the chief building official or an inspector in the reasonable exercise of his or her powers under subsection (3). 2002, c.9, s.26; 2002, c.17, Sched. C, s.5(1) (S) Service. If the order was not served before measures were taken to terminate the danger, the chief building official shall serve copies of the order in accordance with subsection (2) as soon as practicable after the measures have been taken and each copy of the order shall have attached to it a statement by the chief building official describing the measures taken and providing details of the amount spent in taking the measures. 2002, c.9, 8.26 (6) Service of Statement. If the order was served before the measures were taken, the chief building official shall serve a copy of the statement mentioned in subsection (5) in accordance with subsection (2) as soon as practicable after the measures have been taken. 2002, c.9, s.26 Building Code Act (7) Application to Court. As soon as practicable after subsections (5) and (6) have been complied with, the chief building official shall apply to the Superior Court of Justice for an order confirming the order made under subsection (1) and the court shall hold a hearing for that purpose. 2002, c.9, s.26 (8) Powers of Court. In disposing of an application under subsection (7), the court shall, (a) confirm, modify or rescind the order; and (b) determine whether the amount spent on measures to terminate the danger may be recovered in whole, in part or not at all. 2002, c.9, 8.26 (9) Order Final. The disposition under subsection (8) is fmal. 2002, c.9, s.26 (10) Lien. If the building is in a municipality, the amount determined by the judge to be recoverable shall be a lien on the land and shall have priority lien status as described in section 1 of the Municipal Act, 2001. 2002, c.17, Sched. C, s.5(2) (11) Deemed Taxes. If the building is in territory without municipal organization, the amount determined by the judge to be recoverable shall be deemed to be taxes imposed under section 3 of the Provincial Land Tax Act for the purposes of sections 26 and 27 of that Act. 2002, c.9, s.26 Qualifications 1S.11- (1) Qualifications for Various Positions. A person is not eligible to be appointed as a chief building official unless he or she has the qUalifications set out in the building code for the position. 2002, c.9, s.27 (2) Same. Subsection (1) also applies to every inspector who has the same powers and duties as a chief building official in relation to sewage systems or to plumbing, to the extent of those powers and duties. 2002, c.9, s.27 (3) Qualifications for Inspectors. A person is not eligible to be appointed as an inspector under this Act unless he or she has the qualifications set out in the building code for the position. 2002, c.9, s.27 2006 Building Code Compendium 19 20 Building Code Act ® Ontario (4) Qualifications for Registered Code Agencies. A person is not eligible to be appointed as a registered code agency Wlder this Act unless the person has the qualifications and meets the requirements set out in the building code. 2002, c.9, s.27; 2006, c.19, Sched. 0, ss.l, 2 (5) Qualifications for Designers. A person is not eligible to engage in any of the following activities unless he, she or it has the qualifications and meets the requirements set out in the building code to be a designer: . 1. Prepare a design or give other information or opinion concerning whether a building or part of a building complies with the building code, if the design, information or opinion is to be submitted to a chief building official in connection with, i. an application for a permit, u. a request for the authorization referred to in subsection 8(12) or (13), or lU. a report described in paragraph 2. 2. If a general review of the construction of a building or part of a building is required by the building code, prepare a written report based on the general review. 2002, c.9, s.27; 2006, c.19, Sched. 0, 8s.1, 2 (6) Same. In subsection (5), "design" includes a plan, specification, sketch, drawing or graphic representation respecting the construction of a building. 2002, c.9, s.27 (7) Prohibition. No person shall represent, directly or indirectly, that he, she or it has the qualifications or meets the requirements established under this section if the person does not have those qualifications or does not meet those requirements. 2002, c.9, s.27; 2006, c.19, Sched. 0, ss.l, 2 15.12- (1) Qualifications re Sewage Systems. No person shall engage in the business of constructing on site, installing, repairing, servicing, cleaning or emptying sewage systems unless the person has the qualifications and meets the requirements set out in the building code. 2002, c.9, s.27; 2006, c.19, Sched. 0, ss.l, 2 (2) Prohibition. No person shall represent, directly or indirectly, that he, she or it has the qualifications or meets the requirements referred to in subsection (1) if the person does not have those qualifications or does not meet those requirements. 2002, c.9, s.27; 2006, c.19, Sched. 0, 55.1,2 (3) Duty to Notify the Chief Building Official. If any part of the construction of a building will be undertaken by a person described in subsection (1) (a "specified person"), no person shall or continue the construction of a sewage system, or cause it to begin Or continue, unless the person has given the chief building official the prescribed information about the specified person. 2002, c.9, 5.27; 2006, c.19, Sched. 0, ss.l, 2 15.13- (1) Duty to have Insurance. Every registered code agency, every person referred to in subsection 15.11(5) and such other persons as may be specified in the building code who construct buildings are required to have the insurance coverage specified by the building code. 2002, c.9, s.27; 2006, c. 19, Sched. 0, ss.I,2 (2) Exception. Subsection (1) does not apply to a person who is a builder or vendor within the meaning of the Ontario New Home Warranties Plall Act in respect of the construction of a building. 2002, c.9, 5.27; 2006, c.19, Sched. 0, ss.l, 2 (3) Prohibition. No person shall represent, directly or indirectly, that he, she or it has the insurance coverage required by subsection (1) if the person does not have that insurance coverage. 2002, c.9, s.27; 2006, c.19, Sched. 0, ss.I,2 (4) Qualification or Requirement. If the building code so provides, the insurance coverage constitutes a qualification or requirement for the purposes of a position referred to in section 15.11. 2002, c.9, s.27 (5) Duty to Notify the Chief Building Official. If any part of the construction of a building will be undertaken by a person who is required by subsection (1) to have insurance (a "specified person"), no person shall begin or continue the construction, or cause it to begin or continue, unless the person has given the chief building official the prescribed information about the specified person and the insurance coverage of the specified person. 2002, c.9, s.27; 2006, c.19, Sched 0, ss.l, 2 2006 Building Code Compendium @Ontario Building Code Act Powers and Duties of Registered Code Agencies 15.14- (1) Notice to Chief Building Official. Every registered code agency shall give the chief building official such information as may be prescribed by regulation. 2002, c.9, s.28 (2) Notice to the Director. Every registered code agency shall give the director such information as may be by regulation. 2002, c.9, s.28 15.15- (1) Functions of Registered Code Agencies. The following are the functions that a registered code agency may be appointed to perform in of the construction of a building: 1. Review designs and other materials to determine whether the proposed construction of a building complies with the building code. 2. Issue plans review certificates. 3. Issue change certificates. 4. Inspect the construction of a building for which a permit has been issued under this Act. 5. Issue final certificates. 6. Perform such other functions as may be authorized under this Act or in the building code. 2002, c.9, s.28 15.16- (1) Scope of Agency's Powers. A registered code agency may exercise the powers and perform the duties specified in this Act and the building code in respect only of the functions and the building specified in a particular appointment. 2002, c.9, s.28 (2) Confidentiality. A registered code agency shall not collect, use or disclose information except in accordance with the building code. 2002, c.9, s.28 15.17- (1) Persons Acting on Behalf of an Agency. A code agency may authorize, in writing, one or more prescribed persons to exercise powers and perform its functions under this Act, subject to such conditions as may be prescribed by regulation. 2002, c.9, s.28 (2) Certificate of Authorization. The registered code agency shall issue a certificate of authorization containing the prescribed information to the authorized person. 2002, c.9, s.28 (3) Powers and Duties of Inspector. The authorized person may exercise the powers and perform the duties of an inspector under any of the following provisions, in respect of the construction of a building for which the agency is appointed under this Act: 1. Section 12 (inspection). 2. Section 13 (order not to cover). 3. Section 16 (entry to dwellings). 4. Section 18 (powers of inspector). 2002, c.9, s.28 15.18- (1) Duties re Certificates and Orders. When a registered code agency makes an order under this Act, the agency shall a copy of the order within the period prescribed by regulation to the chief building officiaL 2002, c.9, s.28 (2) Certificates. A registered code agency shall issue such certificates and use such forms as may be required by the building code and shall include in them or provide such information as may be prescribed. 2002, c.9, s.28 (3) Same. A certificate issued under this Act by a registered code agency must be in the prescribed form. 2002, c.9, s.28 15.19- (1) Expiry of an Agency's Appointment. The appointment of a registered code agency expires when the agency has performed the functions for which it was appointed in of construction of the specified building. 2002, c.9, s.28 (2) Same, by Virtue of Circumstances. The appointment of a code agency that has not performed all of the functions for wruch it is appointed in respect of the construction expires if either of the following events occurs: 1. The cruef building official refuses to issue a permit for construction of the building. 2. The permit for construction of the building is revoked. 2002, s.28 15.20- (1) Termination of an Agency's AppOintment. The appointment of a registered code agency shall not be terminated except in accordance with this section and the building code. 2002, c.9, s.28 (2) Same. The building code may specify that the consent of the director to the termination of an appointment is required. 2002, c.9, s.28 2006 Building Code Compendium 21 22 Building Code Act ® Ontario (3) Effect of Termination, Appointment by Principal Authority. If the registered code agency was appointed by a principal authority, upon the termination of the appointment the principal authority becomes responsible to ensure that the remaining functions of the agency are performed by the principal authority or another registered code agency. 2002, c.9, s.28 (4) Same, ApPointment by Applicant. If the registered code agency was appointed under section 4.2, upon the termination of the appointment the person who made the appointment becomes responsible to ensure that the remaining functions of the agency are performed by another registered code agency or, with the prior written agreement of the principal authority, by the principal authority or to ensure that work on the construction is halted. 2002, c.9, s.28 (5) Powers of the Director. When the appointment of a registered code agency is terminated, the director may give directions to anyone described in subsection (6) in order to facilitate the transfer of the agency's functions. 2002, c.9, s.28 (6) Same. Directions may be given to the person who made the appointment that has been terminated, to the registered code agency whose appointment has been terminated and to a transferee registered code agency. 2002, c.9, s.28 (7) Duties. The person to whom directions are given shall comply with them. 2002, c.9, s.28 15.21- (1) Order to Suspend Construction. The chief building official may, by order, suspend all or part of the construction of the building to which the appointment of a registered code agency relates, (a) if the chief building official has reason to believe that the registered code agency has ceased to perform the functions specified in the appointment; and (b) if the appointment of the registered code agency has not expired or been terminated. 2002, c.9, s.28 (2) Same. If the appointment of a registered code agency under section 4.2 is terminated, the chief building official shall, by order, suspend the construction of the applicable building until, (a) another registered code agency is appointed to perform the remaining functions of the original registered code agency; or (b) the principal authority agrees, in writing, to perform the remaining functions of the original registered code agency. 2002, c.9, s.28 (3) Delegation. A principal authority may delegate to the chief building official the power to agree to perform the remaining functions of a registered code agency appointed under section 4.2 whose appointment is terminated and may impose conditions and restrictions on the delegation. 2002, c.9, s.28 (4) Effect of Order. If an order is issued under this section, no person shall perform any act in the construction of the building in respect of which the order is made, other than work necessary to secure the safety and security of the building and of the construction site. 2002, c.9, s.28 (5) Procedural Matters. Subsections 14(2) and (3) apply with respect to an order under this section, 2002, c.9, s.28 15.22 Conflict Between Appointment and Act, etc. This Act and the building code prevail over the terms of an appointment of a registered code agency. 2002, c.9, s.28 General Powers of Inspection and Enforcement 15.23 Duty to Carry Identification. The chief building official, inspectors and persons authorized by a registered code agency to exercise powers and perform functions on its behalf shall carry their certificate of appointment or authorization, as the case may be, when performing their duties and shall produce them for inspection upon request. 2002, c.9, s.29 16.- (1) Entry to Dwellings. Despite sections 8, 12, 15, 15.2, 15.4 and 15.9, an inspector or officer shall not enter or remain in any room or place actually being used as a dwelling unless, (a) the consent of the occupier is obtained, the occupier fIrst having been informed that the right of entry may be refused and entry made only under the authority of a warrant issued under this Act; (a.I) a warrant issued under this Act is obtained; (b) the delay necessary to obtain a warrant or the consent of the occupier would result in an immediate danger to the health or safety of any person; 2006 Building Code Compendium COUNTY OF BUILDING SERVICES DEPARTMENT 789 Broadway Street, Box 3000 Wyoming, ON NON 1TO Telephone: (519) 845-0809 ext. 5349 Toll-free: 1-866-324-6912 Fax: (519) 845-3817 LAMBTON www.lambtononline.ca Township 0'___ _ 123 Main St Wyoming, On NON 1TO Registered Mail and Site Posted ORDER TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY TO: All persons listed on SCHEDULE "A" annexed hereto and forming part of this Order RE: Municipal Address: Legal Description: Township of ___, County of Lambton. BE ADVISED that on , 2009, an inspection of the property, as noted above, revealed certain violations of the Municipality's Standards of Maintenance and Occupancy By-Law Number _of __. The violation(s) are set out in Schedule "B", attached hereto, and forms part of this ORDER. IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule "B" be remedied and the property brought into a condition of compliance with the prescribed standards as set out in the Property Standards By-Law Number _ of on or before: ___,2009 WHERE a permit is required to undertake any repair required to conform to the standards as prescribed in this Order, it is the responsibility of the Owner to obtain any such permit. TAKE NOTICE that if such violation(s) are not remedied within the time specified in this order, the MUNICIPALITY MAY CORRECT SUCH VIOLATIONS by REPAIR or CLEARANCE at the expense of the owner. APPEAL TO PROPERTY STANDARDS COMMITTEE An owner, occupant or such other persons (s) affected by this Order who is I are not satisfied with the terms or conditions of the Order, may appeal to the Property Standards Committee ("Committee") of the Municipality by sending a Notice of Appeal on the attached form, by registered mail to the Secretary of the committee within 14 days of service of this Order and in the event no appeal is taken, this Order shall be deemed to have been confirmed. The address for service upon the Committee is: To the Secretary, Property Standards Appeal Committee, Township of , 123 Main Sf, Wyoming, On, NON 1TO AND TAKE NOTICE "rHAT FINAL DATE FOR APPEAL IS: __-,' 2009 Dated at Wyoming this day of ___2009 on behalf of The Township of _ ___ __ _ Kelly Bedard Property Standards/By-Law Enforcement Officer Box 3000, Wyoming, Ontario NON 1TO Schedule "A" By-Law Number _ of The Township of ___ I" 1 I - ....... 1 Schedule "B" Part 1 of 2 By-Law Number of The Township of ___ I By-Law Description of By-Law: I Reference: 3.1 YARDS All yards shall be kept in a neat and tidy condition, free from: a) rubbish, garbage, waste, dead animals, and other debris; b) objects and conditions that are health, fire or accident hazards; c) heavy undergrowth and noxious plants, such as ragweed, poison oak, and excessive growth of grass, weeds and other vegetation out of character with the surrounding environment; d) dead, decaying or damaged trees or other natural growth, and the branches limbs which create an unsafe or unsightly conditions; e) wrecked, dismantled, inoperative, unused or unlicensed vehicles, trailers, or other machinery or any part thereof and junk and refuse or any kind, except in an establishment licensed or authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of character with the surrounding environment; f) dilapidated or collapsed structures and any unprotected well, old underground tanks, or other unsafe condition or unsightly condition out of character with the surrounding environment. i Schedule "B" Part 2 of 2 By-Law Number _ of __ The Township of ___ DEFECIENCIES NOTED UPON INSPECTION REQUIRED ACTION A re-inspection will take place on or after , 2009. The Township of ___ would appreciate your cooperation in this matter to avoid further legal action. NOTICE OF APPEAL TO PROPERTY STANDARDS COMMITTEE Date: ,2009 TO: To the Secretary Property Standards Appeal Committee Township of___ 123 Main St Wyoming, On NON 1TO RE: Order to Remedy Violation of Standards of Maintenance and occupancy at Municipal Address: Legal Description: Township of ___, County of Lambton. 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. Name: Address: ____________________________________________________ Telephone Number: Nature of Appeal: Signature ofowner or authorized agent TOWN OF PLYMPTON-WYOMING COMPLAINT FORM Date Reported: Complainant's Name: ______________________ Complainant's Address: _ ..__....~..__.._____ Complainant's Phone Number: _______._____________ Subject Address: ________~__________~____ Owner/Tenant's Name: OwnerITenant's Phone Number: __________________ Problem Reported: ________________________ Complainant's Signature: __________ OFFICE USE ONLY: Action Taken Upon Receipt ofComplaint: Signature: _________ NOTICE OF APPEAL TO PROPERTY STANDARDS COMMITTEE Date: ,2009 TO: To the Secretary Property Standards Appeal Committee Township 0'__ _ 123 Main St Wyoming, On NON 1TO RE: Order to Remedy Violation of Standards of Maintenance and occupancy at: Municipal Address: Legal Description: Township of ___, County of Lambton. 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. Name: Address: ______________________________________ Telephone Number: Nature of Appeal: Signature ofowner or authorized agent