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1
THE CORPORATION OF THE TOWNSHIP OF PUSLINCH
BY-LAW NUMBER 2020 - 010
A By-law Prescribing Standards for the
Maintenance and Occupancy of Property
WHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, c.
23, as amended, authorizes the council of a municipality to pass a
bylaw 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; and for
requiring property that does not conform with the standards to be
repaired and maintained to conform with the standards or requiring the
property to be cleared of all buildings, structures, debris or refuse and
left in a graded and levelled condition;
AND WHEREAS the County of Wellington Official Plan for the Township
of Puslinch includes provisions relating to property conditions;
AND WHEREAS Section 15.6(1) of the Building Code Act, 1992, S.O. 1992,
c. 23, as amended requires that a By-law passed under Section 15.1(3)
of the Building Code Act, 1992, S.O. 1992, c. 23 shall provide for the
establishment of a Property Standards Committee;
NOW THEREFORE, the Council of the Corporation of the Township of
Puslinch enacts as follows:
Last consolidated on October 8, 2025. The
Township of Puslinch By-laws are provided
online
for
public
reference.
By-laws
are
consolidated on an ongoing basis, but recent
amendments may not be reflected in the latest
consolidated version. Check the Amended
History to get a complete listing of all pertinent
regulations. For further information contact the
Township's Clerk Office.
2
1.0 TITLE AND SCOPE
1.1
This By-Law may be referred to as "The Property Standards
By-Law".
1.2
The standards for maintenance and occupancy of
property set forth in this By-Law are hereby prescribed and
adopted as the minimum standards for all property within
the Township.
1.3
No person shall occupy a property if there is a condition
which poses or constitutes an unsafe condition.
1.4
A property within the Township that does not conform with
the standards contained in this By-law shall be:
(a)
repaired and maintained to conform with such
standards; or
(b)
cleared of all buildings, accessory buildings,
structures or waste and left in a graded and levelled
condition.
1.5
This By-law does not apply so as to prevent an agricultural
operation,
meeting
the
definition
of
"agricultural
operation" under the Farming and Food Production
Protection Act, 1998, S.O. 1998, c.1, from carrying out a
normal farm practice as provided for and defined under
that Act.
1.6
This By-law does not apply so as to prevent an agricultural
use, meeting the definition of "agricultural use" under this
By-law.
2.0 APPLIED MEANING OF WORDS AND TERMS
2.1
Interchangeability: Words used in the present tense include
the future, words in the masculine gender include the
3
feminine and neuter; the singular number includes the
plural, and the plural includes the singular.
3.0
DEFINITIONS
In this By-law:
"Administrative Monetary Penalty System By-law" means
the Administrative Monetary Penalty System By-law of the
Township, as amended from time to time, or any
successor thereof. [Amended by Section 1 of By-law 2025-
076 on October 8, 2025]
"Accessory building" means a detached building or
structure, not used for human habitation that is
subordinate to the primary use on the same property.
"Basement" means that portion of a building between two
floors, which is partly underground of the first floor joists
above the average finished grade level adjacent to the
exterior walls of the building and includes a crawl space
and cellar.
"Boat" includes any vessel which floats or is designed to
float on the surface of the water and is capable of carrying
people or material whether motorized or not and includes
but is not limited to pleasure craft, scows, personal water
craft, canoes, row boats, pontoon boats and commercial
boats, when on the water or on land.
"Building" means a building as defined in the Building Code
Act, or a structure used or intended to be used for
supporting or sheltering any use or occupancy.
"Building Code Act" means the Building Code Act, 1992,
S.O. 1992, c. 23, as amended and any prescribed
regulations under the Building Code Act.
4
"Committee" means the Township's Planning and
Development Advisory Committee or a Property Standards
Committee established under this By-law.
"Compost" means a collection of humus material such as
kitchen and table waste, grass clippings, plant trimmings,
weeds or other leaves.
"Council" means the Council for the Township.
"Dwelling" means a building or part of a building,
occupied or capable of being occupied, in whole or in
part for the purpose of human habitation.
"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 including cooking, eating, sleeping and
sanitary facilities.
"Exterior property areas" means the property and yard,
exclusive of a building and an accessory building.
"Fence" means a structure, wall or barrier, other than a
building, erected at grade for the purpose of defining
boundaries of property, separating open space, restricting
ingress to or egress from property, providing security or
protection to property or acting as a visual or acoustic
screen.
"Firewood" means any lumber, timber, logs, poles, cut up
trees or felled trees, any salvaged wood products included
but not limited to wood skids, wood boxes, and used wood
products that are not required for a building, accessory
building or structure currently under construction on the
property or for which there is a current or regular use.
5
"Ground cover" means organic or non-organic material
applied to prevent the erosion of the soil, e.g., concrete,
flagstone, gravel, asphalt, grass or other forms of
landscaping.
"Guard" means a protective barrier installed around
openings in floor area or on the open sides of a stairway, a
landing, a balcony, a mezzanine, a gallery, a raised
walkway, or other locations as required to prevent
accidental falls from one level to another. Such barriers
may or may not have openings through them.
"Habitable room" means a room or enclosed floor space
used, or capable of being used for living, eating, sleeping
or domestic food preparation purposes, but excludes a
bathroom, water closet compartment, laundry, pantry,
foyer, lobby, hall, passageway, corridor, closet, stairway,
storage room, furnace room or other accessory space
used for service, maintenance or access within a building.
"Heritage attribute" means an attribute of a heritage
property that contributes to its cultural heritage value
or interest that is defined, described or inferred:
(a) in a By-law designating a heritage property;
(b) in a By-law designating a heritage conservation
district;
(c) in a Minister's Order made under the Ontario Heritage
Act;
(d) in any documentation considered as part of (a), (b)
and (c) above;
and includes any elements, features or components that
support or protect the heritage attribute.
"Heritage property" means a Property designated under
Part IV or Part V or by a Minister's Order under the Ontario
Heritage Act.
6
"Landlord" includes:
a) The owner of a rental unit or any other person who
permits occupancy of a rental unit, other than a tenant
who occupies a rental unit in a residential complex and
who permits another person to also occupy the unit or any
part of the unit; and, b) The heirs, assigns, personal
representatives and successors in title of a person referred
to in clause (a).
"Naturalized Area" means an area that has been
implemented or naturally occurring areas to produce
ground cover which consists of one or more species of
wildflowers, annuals, perennials, shrubs and grasses or a
combination thereof and includes natural areas such as
wooded lots, managed commercial woodlots, forests and
wetlands.
"Occupant" means any person or persons over the age of
eighteen years in possession of the property.
"Openable area" means that part of a window or door
which is available for unobstructed ventilation and which
opens directly to the outdoors.
"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 receive the rent if the 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.
7
"Person" includes a corporation and its heirs, executors,
administrators, or other representatives of a person to
whom the context can apply according to law.
"Property" means a building or accessory building, or part
of a building or accessory building, and includes all the
lands and premises within the boundary lines of the
property, all mobile structures, mobile buildings, mobile
homes, outbuildings, fences, retaining walls, and erections
thereon, whether heretofore or hereafter erected, and also
includes vacant property.
"Property Standards Officer" shall mean a Property
Standards Officer who has been appointed by by-law to
administer and enforce this By-law.
"Rental Unit" means a dwelling unit used, or intended to be
used, for a residential tenancy.
"Repair" includes 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.
"Residential rental property" includes a rental unit and the
yards;
"Residential Tenancy" means the lease of residential
premises for residential purposes.
"Retaining wall" means a structure that holds back soil or
loose material to prevent it from assuming the natural angle
of repose at locations where an abrupt change in ground
elevation occurs.
"Safe condition" means a condition that does not pose or
constitute an undue or unreasonable hazard or risk of life,
8
limb or health of any person on or about the property, and
includes a structurally sound condition.
"Sewage" means water-carried waste, together with such
ground, surface and storm waters as may be present.
"Sewage system" means the Township's system of storm
sewers, sanitary sewers and combined sewers, or a private
sewage disposal system.
"Shipping Container" means a pre-fabricated, rigid
structure designed for the transportation of goods, which is
typically made of metal, and includes but is not limited to
sea containers, cargo containers, or storage containers.
[Amended by Section 1 of By-law 2025-076 on October 8,
2025]
"Structure" means anything constructed either permanent
or temporary, the use of which requires location on or an
attachment to something having location on the ground.
"Tenant" means a person who pays rent or is required to
pay rent in return for a right to occupy a rental unit.
"Transport Truck Trailer" means a vehicle that is designed
to be drawn by a transport truck or tractor unit and that is
used for the carriage of goods, materials, or equipment,
and includes but is not limited to flatbed trailers, enclosed
trailers, refrigerated trailers, and similar large commercial
trailers, whether or not the trailer is attached to a motor
vehicle or is capable of being operated on a highway
under its own power. [Amended by Section 1 of By-law
2025-076 on October 8, 2025]
"Township" means the Corporation of the Township of
Puslinch or the land within the geographic limits of the
Corporation of the Township of Puslinch as the context
requires.
9
"Unsafe condition" means any condition that poses or
constitutes an undue or unreasonable hazard or risk to life,
limb or health of any person on or about the property.
"Vacant building" means any building or accessory
building that is or appears to be vacant, partially vacant,
or unoccupied, or that, by reason of its unfinished or
dilapidated condition, is open to the elements and in a
state that there is little to no control over unauthorized
entry, but does not include:
(a)
a dwelling unit occupied by the owner on a
seasonal basis but otherwise maintained throughout
the year;
(b)
a building or accessory building on property
used for farming purposes, except a dwelling unit.
"Vacant property" means a property that does not have a
building or accessory building.
"Waste" includes any debris, rubbish, refuse, sewage,
effluent, garbage, brush, ashes, litter, wrappings, salvage,
vehicle parts, discarded material or things, broken or
dismantled things, or materials or things exposed to the
elements, deteriorating or decaying on a property due to
exposure to the weather.
"Yard" means the land within the boundary lines of
a property not occupied by a principal building in
Residential Zones and means the Required Yard as defined
in the Zoning Bylaw for all other zones.
4.0
EXTERIOR PROPERTY AREAS - GENERAL REQUIREMENTS
4.1
Exterior Property Areas shall be free from:
10
(a) waste;
(b) injurious insects, termites, rodents, vermin and other
pests and any condition that may promote an
infestation except in a Naturalized Area and areas
meeting
the
definition
of Agricultural
Use in
accordance with Section 1.5 and 1.6 of this By-law;
(c) excessive growth of weeds and grass exceeding 12
inches in height, except in a Naturalized Area and
areas meeting the definition of Agricultural Use in
accordance with Section 1.5 and 1.6 of this By-law;
(d) dead, decayed, or damaged trees, or other natural
growth and the branches and limbs thereof which
create an unsafe condition for abutting land owners;
(e) wrecked, dismantled, derelict, inoperative, discarded,
unused or an unlicensed vehicle or trailer, except in an
establishment licensed or authorized to conduct and
operate such a business in accordance with any other
by-laws, and then only in an arrangement such as to
prevent an unsafe condition or an unsightly condition
and screened from view from an adjacent property;
(f)
wrecked, dismantled, derelict, inoperative, discarded
or unused boat and any component parts thereof,
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 and screened from
view from an adjacent property;
(g) machinery or any parts thereof, or other objects or
parts thereof, or accumulations of material or
conditions that create an unsafe condition or an
unsightly condition out of character with the
surrounding environment;
11
(h) dilapidated or collapsed building or accessory
building and any unprotected well or other unsafe
condition or unsightly condition out of character with
the surrounding environment;
(i)
stagnant water except in a Naturalized Area;
(j)
accumulation of animal excrement, except in
connection with a lawful agricultural use on a
property.
(k)
Shipping containers, where not permitted by the
Township's Zoning By-law [Amended by Section 4.1 of
By-law 2025-076 on October 8, 2025].
(l)
Transport truck trailers, where not permitted by the
Township's Zoning By-law [Amended by Section 4.1 of
By-law 2025-076 on October 8, 2025].
4.2
Suitable ground cover shall be provided to prevent erosion
of the soil.
4.3
Hedges, plantings, trees or other landscaping including
lighting, required by the Township as a condition of site
development or redevelopment, shall be maintained in a
living condition or shall be replaced with equivalent
landscaping or lighting, so as to carry out its intended
function and maintain an attractive appearance.
4.4
An abandoned or unused well, septic tank or a hole on a
property shall be filled or safely covered and protected.
5.0
DRAINAGE
5.1
All catch basins, swales and ditches shall be maintained
so as to not impede the natural flow of water.
12
5.2
The storm water run-off from all downspouts of impervious
surfaces shall be contained within the limits of the property
from which it originates until absorbed by the soil or drained
to a storm sewer, or to a natural or artificially-created swale,
ditch or watercourse.
5.3
No water shall be drained from a swimming pool, pond or
other waterholding device on to abutting properties.
6.0
HEALTH
6.1
All sewage shall be discharged into an approved sewage
system.
7.0
BUFFERING
7.1
Property which, because of its use or occupancy, or for
other reasons is required to be buffered shall:
(a)
maintain an effective barrier to prevent lighting and
vehicle headlights from shining directly into a
dwelling unit;
(b)
maintain an effective barrier to prevent wind-blown
waste from encroaching on an adjacent property;
(c)
maintain a visual screen, to minimize the visual
impact of a nuisance to a person who owns or
occupies an adjacent property.
8.0
RETAINING WALLS
8.1
A retaining wall shall be maintained in good repair and free
from accident hazards.
8.2
Without restricting the generality of section 8.1 the
maintenance of a retaining wall may include:
13
(a)
redesigning, repairing or replacing all deteriorated,
damaged, misaligned or missing portions of the wall,
or railings and guards appurtenant thereto;
(b)
installing subsoil drains where required to maintain
the stability of the retaining wall;
(c)
grouting masonry cracks;
(d)
applying a coat of paint or equivalent preservative
to all metal or wooden exposed components.
(e)
where a retaining wall in excess of 600 mm (24
inches) forms part or is adjacent to a means of
egress, a guard shall be provided unless access is
restricted to the retaining wall.
9.0
SUPPLEMENTARY STANDARDS FOR RESIDENTIAL RENTAL
PROPERTIES
9.1
GENERAL
9.1.1
The following additional standards shall only apply to a
residential rental property:
a) Subject to the tenant's responsibility for ordinary
cleanliness of the residential rental property, the landlord
shall provide such facilities and take such action to ensure
that the residential rental property is:
I. Safe
II. Clean
III. In a state of good repair
IV. Fit for habitation; and,
V. Free from accumulations of snow and ice;
14
b) The landlord shall maintain, in a state of good repair
and in a clean, safe condition, any facilities supplied by
the landlord and all common areas intended for the use of
tenants.
9.1.2
All repairs and maintenance of property required by the
standards prescribed in this part shall be carried out in a
manner accepted as good craftsmanship in the trade
concerned and with materials suitable and sufficient for
the purpose.
9.1.3
Unless otherwise specified, the landlord, and not the
tenant, shall be responsible for ensuring that all of the
provisions of this part are being complied with.
9.2.0
RECREATIONAL FACILITIES, LAUNDRY FACILITIES ROOMS
AND AREAS
9.2.1
A recreational facility, laundry facility, mail collection area
including mailboxes, room or area and the equipment and
appliances provided in connection therewith shall be:
(a)
maintained in an operable and usable condition;
(b)
maintained in a safe condition;
(c)
with the exception of an outdoor recreational
facility, maintained in a clean condition.
9.3.0
HEATING, HEATING SYSTEMS, CHIMNEYS, VENTS AND FUEL
BURNING APPLIANCES
9.3.1
Every building containing an occupied dwelling unit or
habitable room shall be provided with suitable heating
facilities capable of maintaining an indoor ambient
temperature of 21 degrees Celsius between the 15th day of
September to the 1st day of June the following year. A
heating system shall be maintained in good working
15
condition so as to be capable of safely heating the
dwelling unit or habitable room to the required standard.
9.3.2
No rental dwelling unit shall be equipped with portable
heating equipment as a primary source of heat.
9.3.3
A fuel burning appliance shall:
(a)
have ample air supply to permit combustion to
occur with optimum oxygen available;
(b)
be located in such a manner as to prevent
impediment to the free movement of a person and
the
overheating
of
adjacent
materials
and
equipment;
(c)
have guards where necessary to minimize the risk of
an accident.
9.3.4
Where a heating system or part thereof requires solid or
liquid fuel to operate, a place or receptacle for such fuel
shall be provided and maintained in a safe condition and
location so as to be free from fire or accident hazard.
9.3.5
A fuel burning appliance, equipment and accessories shall
be properly vented to the outside air by means of a smoke
pipe, vent pipe, chimney flue or other approved method
and as may be required by the Building Code Act.
9.3.6
Every chimney, smoke-pipe, flue and vent shall be
maintained in a good state of repair so as to prevent the
escape of smoke, fumes or gases from entering a building.
Maintenance may include the removal of obstructions,
sealing open joints, and the repair of loose or broken
masonry units.
9.3.7
Every chimney, smoke-pipe, flue and vent shall be
maintained in a good state of repair so as to prevent the
16
heating of adjacent combustible material or structural
members to unsafe temperatures.
9.4.0
AIR CONDITIONING
9.4.1
An air conditioner shall be equipped with adequate
devices for the prevention of condensation drainage on to
entrance areas, sidewalks or pathways and shall be
maintained in a safe mechanical and electrical condition.
9.4.2
Cooling water from water-cooled equipment shall not be
discharged on a driveway, walkway or other areas used for
pedestrian or vehicular traffic, or in such a manner that it
may cause damage to a wall, foundation or part of a
building or accessory building.
9.4.3
The discharge of cooling water from water-cooled
equipment shall be made to a proper drainage system
and shall be connected in accordance with all
applicable government regulations.
9.5.0
INTERIOR LIGHTING
9.5.1
Interior lighting standards and fixtures shall comply with the
requirements of section 10.
9.6.0
VENTILATION
9.6.1
Sufficient ventilation shall be provided to all areas of a
building or an accessory building so as to prevent
accumulations of heat, dust, vapours, odours, carbon
monoxide and other gases likely to create a potential
unsafe condition or to become a nuisance.
9.6.2
A kitchen, bathroom, shower room and toilet room shall be
provided with adequate natural or artificial means of
ventilation.
17
9.6.3 An enclosed area of a building or an accessory building
including a basement and an attic shall be adequately
ventilated.
9.6.4
A system of mechanical ventilation shall be maintained in
good working order.
9.7.0
PLUMBING
9.7.1
A dwelling unit shall be provided with an adequate supply
of potable running water from a source approved by the
Medical Officer of Health and/or the Chief Building Official
of the Township.
9.7.2
A washbasin, bathtub or shower, and one kitchen sink in a
dwelling unit shall be equipped with an adequate supply
of hot and cold running water. All hot water shall be
supplied at a minimum of 43 degrees Celsius and a
maximum of 49 degrees Celsius.
9.7.3
A 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 harbor germs or
impede thorough cleansing.
9.7.4
All plumbing, including drains, water supply pipes, water
closets and other plumbing fixtures shall be maintained in
good working order free of leaks and defects and all water
pipes and appurtenances thereto shall be protected from
freezing.
9.7.5
All plumbing fixtures in every building or accessory building
shall discharge the water, liquids or sewage into drainage
piping, which shall be connected to a sewage system
approved by the authority having jurisdiction.
18
9.7.6
All toilet facilities, sanitary conveniences and washing
facilities shall be maintained:
(a)
in good working order;
(b)
in a clean and sanitary condition;
(c)
and supplied with hot and cold running water, with
cold water connection only to toilets and urinals;
(d)
and connected to the drainage system.
9.8.0
KITCHEN
9.8.1
A dwelling unit shall contain a kitchen area equipped with:
(a)
one sink surrounded by a surface that is impervious
to grease and water;
(b)
a suitable storage area;
(c)
a counter or work area, exclusive of the sink and
covered with a material that is impervious to
moisture and grease and is easily cleanable;
(d)
a space provided for cooking and refrigeration
appliances including suitable electrical or gas
connections.
9.8.2
A cooking appliance and a refrigeration appliance shall
be maintained in a good state of repair and operating
condition.
9.9.0
BATHROOM
9.9.1
A dwelling unit shall contain a bathroom consisting of at
least one fully operational toilet, washbasin, and a bathtub
or suitable shower unit.
19
9.9.2
A bathroom and a toilet shall be located within and
accessible from within the dwelling unit.
9.9.3
Where a toilet or bathroom facility is shared by occupants
of a residential accommodation, other than a self
contained dwelling unit, an appropriate entrance shall be
provided from a common passageway, hallway, corridor
or other common space to the room or rooms containing
the said facility.
9.9.4
Every wall surrounding a shower shall be of impervious
material and shall be maintained in a good state of repair.
9.9.5
A bathroom as required by section 9.9.1 shall be located in
a room used for no other purpose and provided with a door
capable of being locked from the inside and opened from
the outside in an emergency.
9.10.0
FLOORS
9.10.1
A floor shall be smooth, level and maintained so as to be
free of all loose, warped, protruding, broken or rotted
boards that may create an unsafe condition or surface. A
defective floor shall be repaired or replaced.
9.10.2
Where a floor covering has become worn or torn so that it
retains dirt or may create an unsafe condition, the floor
covering shall be repaired or replaced.
9.10.3
A bathroom, kitchen and shower room shall have a floor
covering of water-resistant material and be capable of
being cleaned.
9.11.0
ELECTRICAL SERVICE
20
9.11.1
A dwelling and dwelling unit shall be wired for electricity
and shall be connected to an approved electrical supply
system.
9.11.2
The capacity of the connection to a building or accessory
building and the system of circuits distributing the electrical
supply of the building or accessory building shall be
adequate for the use and intended use.
9.11.3
Electrical wiring, cords, circuits, fuses, circuit breakers,
electrical equipment and electrical heating systems shall
be maintained in good working order, free from fire and
accident hazards.
9.12.0
DISCONNECTED UTILITIES
9.12.1
An owner of a residential building or any person 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 a dwelling unit
and habitable room 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.
9.13.0 INTERIOR WINDOWS, DOORS, SURFACES, FLOORS AND
STAIRS
9.13.1
Interior windows, doors, surfaces, floors and stairs shall be
maintained:
(a)
in a clean, odour free and sanitary condition,
reasonable for the normal use or occupancy of the
room, passageway, enclosure or space;
(b)
in good working order and good state of repair, free
from holes, loose, broken, warped, torn, damaged or
decayed boards or materials;
21
(c)
free from depressions, protrusions, deterioration or
other defects which could create an unsafe
condition or which are out of character with the
normal use of the area in which such defect occurs;
(d)
so as to afford the fire resistive properties and other
protection for which they shall be designed; and
(e)
free of any graffiti, markings, stains or other
defacement.
9.13.2
Interior windows and doors shall also comply with the
requirements of section 19.
9.14.0
INTERIOR STRUCTURE - COLUMNS AND BEAMS
9.14.1
A building and an accessory building and all structural
components, including but not limited to all joists, beams,
studding, and roof rafters, shall be maintained with material
adequate for the load to which they are subjected to.
9.15.0
WALLS-CEILINGS
9.15.1
Every interior surface and finish of walls and ceilings shall be
maintained:
(a)
in good state of repair, a surface which is reasonably
smooth, clean, tight and easily cleaned;
(b)
free of holes, cracks, loose plaster or other material;
(c)
in a safe condition;
(d)
so as to possess the fire resistant properties required
by the Building Code Act and the Fire Protection and
Prevention Act, as amended.
22
9.16.0
ELEVATORS
9.16.1
An elevator, an elevating device, dumb-waiters, hoists,
escalators, incline lifts including all parts, lighting fixtures,
lamps, elevator buttons, floor indicators and ventilation
fans shall be maintained in good state of repair, operable
and in a safe condition.
10.0
LIGHTING STANDARDS AND FIXTURES
10.1
Lighting standards and fixtures shall be kept in a safe
condition, in good working order and in good visual
condition.
11.0
FENCES
11.1
A fence on a property separating adjoining property shall:
(a)
be in a structurally sound condition and plumb,
unless specifically designed to be other than vertical;
(b)
be maintained in a good state of repair and free of
accident hazards;
(c)
not present an unsightly appearance.
11.2
Without restricting the generality of section 11.1 the
maintenance of a fence may include:
(a) protecting by paint, treated with a preservative or
other weather resistant material unless the aesthetic
characteristics of the fence are enhanced by the
lack of such treatment.
12.0
WALKWAYS, DRIVEWAYS, RAMPS, PARKING AREAS AND
LANDINGS
23
12.1
A parking area, driveway, walkway and other similar public
access areas of an exterior property area shall be kept
clean and free from waste, objects or conditions that may
create an unsafe condition, health, fire, accident hazard or
unsightly condition.
12.2
An owner shall cause any snow disposal site or snow storage
site on a property to be:
(a)
maintained so as not to cause a hazard on the
property; and
(b)
maintained in such a manner and location on the
property so as to prevent a hazard, flooding, erosion
and other damage to a neighbouring property.
13.0
BUILDINGS AND ACCESSORY BUILDINGS
STRUCTURAL ADEQUACY - CAPACITY
13.1
All repairs and maintenance of property required by the
standards prescribed in this By-law shall be carried out in a
manner accepted as good workmanship in the trades
concerned and with materials suitable and sufficient for
that purpose.
13.2
Every part of a building or accessory building shall be
maintained in good repair and in a structurally sound
condition so as:
(a)
to be capable of sustaining safely its own weight, and any
additional load to which it may normally be subjected to;
(b)
to be capable of safely accommodating all normal
structural
movements
without
damage,
decay
or
deterioration;
24
(c)
to prevent the entry of moisture that would contribute to
damage, fungus growth, decay or deterioration;
(d)
to be capable of safely and adequately performing its
function
subject
to
all
reasonable
serviceability
requirements.
13.3
The abating of an unsafe condition may include:
(a)
the provision or repair of stairs, balustrades, railings,
guards and screens so as to minimize the risk of
accident;
(b)
the elimination of other conditions which, in
themselves are a hazard to life or which risk serious
injury to persons normally in or about the subject
building, accessory building, room, suite of rooms or
space;
(c)
the installation of a handrail in conjunction with
every set of stairs containing three (3) or more risers
and such handrail shall be adequately secured and
maintained in a good state of repair.
14.0
HEALTH AND WASTE
14.1
A building and accessory building on a property shall be
kept free of mould, waste and pests, such as rodents,
vermin, termites and injurious insects and any condition that
may promote an infestation.
14.2
In a dwelling unit, sufficient rooms, containers and
receptacles shall be maintained to safely contain all waste,
which shall not be allowed to accumulate but shall be
removed or made available for removal in accordance
with any applicable by-laws.
25
14.3
An external container and receptacle shall be screened
from view and shall be provided with a cover so that the
material contained therein is not exposed to injurious
insects, termites, rodents, vermin or other pests.
14.4
Every building and accessory building shall be provided
with sufficient proper receptacles to contain all waste,
which accumulates on the property, and such waste shall
be placed for collection in proper receptacles in
compliance with applicable laws.
14.5
A receptacle for waste shall be:
(a)
provided with a tight fitting cover;
(b)
maintained in good working condition and order
without holes or spillage; and
(c)
closed, or emptied, rinsed and cleaned when not in
use, to prevent the escape of offensive odour or
waste.
14.6
Garbage chutes, disposal and collection rooms shall be:
(a)
washed down and disinfected as necessary so as to
maintain a clean and odour free condition; and
(b)
maintained in good working order.
14.7
Injurious insects, termites, vermin, rodents and other pests
shall be exterminated and appropriate measures shall be
taken to prevent their re-entry to a building or accessory
building on a property.
14.8
In a dwelling, openings in the exterior walls or roof shall be
fitted and maintained to protect all habitable space from
water and weather entry, and to make such space free
from drafts.
26
14.9
No portion of a dwelling shall be used for human habitation
unless:
(a)
the floors, walls and ceiling areas are watertight and
free from dampness and mould at all times;
(b)
the total window area, the total openable area for
natural ventilation and the ceiling height are in
accordance with the provisions of the Building Code
Act
or,
alternatively,
reventilation
and/or
mechanical ventilation is provided as prescribed by
the Building Code Act;
(c)
the required minimum window area of every
habitable room is entirely above the grade of the
ground adjoining such window area, or the top of
the window well, whichever is the higher elevation.
15.0
COMPOST
15.1
Compost on a property shall be maintained in a composter
or an open compost pile that is not larger than 2.0 square
metres (21.5 square feet) in area and 1.0 metre (39 inches)
in height.
15.2
A composter or an open compost pile shall be kept free of
pests, such as rodents, vermin, termites and injurious
insects and any condition that may promote an
infestation.
16.0
HERITAGE PROPERTIES
16.1
In addition, to all other standards prescribed by this By-
law, an owner of a Heritage Property shall:
(a) protect, maintain and stabilize a heritage attribute so
as to preserve the existing materials;
27
(b) in the conduct of a repair use only materials that
match the form and detailing of the original elements of
the heritage attribute; and
(c) be repaired using only recognized conservation
methods.
17.0
FOUNDATIONS
17.1
A foundation of a building or an accessory building shall
be maintained in good state of repair so as to prevent
settlement detrimental to the appearance of the building
or accessory building, or the entrance of moisture, vermin,
termites, insects or rodents into the building or accessory
building.
17.2
Without limiting the generality of section 17.1, the
maintenance of a foundation may include:
(a)
the jacking-up, underpinning or shoring of the
foundation where necessary;
(b)
the extension of footings and foundations below
grade or regrading to provide adequate frost cover;
(c)
installing subsoil drains at the footing where such
would be beneficial;
(d)
the grouting of masonry cracks;
(e)
waterproofing the wall and joints;
(f)
the carrying out of such other work as may be
required to overcome any existing settlement
detrimental to the appearance of the building or
accessory building;
28
(g)
repairing or replacing decayed, damaged or
weakened sills, piers, posts or other supports;
(h)
making sills, piers, posts or other supports insect-proof
by the application of suitable materials; and
(i)
coating with a preservative.
18.0
EXTERIOR WALLS, COLUMNS AND BEAMS
18.1
The components of an exterior wall of a building or an
accessory building shall be maintained:
(a)
in good state of repair and in a safe condition;
(b)
weather tight;
(c)
free from loose or unsecured objects or materials;
(d)
so as to prevent the entrance of insects, termites,
vermin, rodents or other animals;
(e)
so as to prevent deterioration due to weather,
insects, vermin, termites, rodents and other animals;
and
(f)
so as to prevent deterioration detrimental to the
appearance of the building or an accessory
building.
18.2
Without restricting the generality of section 18.1, the
maintenance of an exterior wall of a building or an
accessory building may include:
(a)
the applying of materials to preserve all exterior
wood and metal work or other materials not
inherently resistant to weathering;
29
(b)
the applying of materials to improve or maintain a
pleasant and satisfying appearance at least
commensurate with that of the neighbourhood;
(c)
the restoring, repairing or replacing of:
i)
the wall;
ii)
the masonry units and mortar;
iii)
the stucco, shingles or other cladding;
iv)
the coping; and
v)
the flashing and waterproofing of the wall and
joint.
18.3
Exterior columns and beams and any decorative trim shall
be maintained in a good state of repair and in a safe
condition. Where necessary, such columns, beams and
trim shall be restored, repaired or replaced and suitably
protected or treated against weathering, so as to prevent
or remedy deterioration detrimental to the appearance of
the building or accessory building.
19.0
EXTERIOR DOORS, WINDOWS AND OTHER OPENINGS -
CANOPIES-MARQUEES-AWNINGS
19.1
Shutters, windows, doors, hatchways and other exterior
openings in a building or an accessory building shall be
kept weather tight, draft free, and in good state of repair
and working order.
19.2
Without restricting the generality of section 19.1, the
maintenance of a shutter, window, door, hatchway and
other exterior opening may include:
(a)
painting or the applying of a similarly effective
preservative;
(b)
the repair, replacement or renewing of damaged,
decaying, missing or defective:
30
i) doors;
ii) door frames and casings;
iii)
windows and window sashes;
iv)
window frames and casings;
v)
shutters;
vi)
screens;
(c)
refitting doors, windows, shutters or screens;
(d)
reglazing or fitting with an translucent substitute;
(e)
rescreening;
(f)
using other approved means of weatherproofing
where the opening is used or required for ventilation
or illumination and is not protected by a window,
door or similar closure:
i)
screening with wire mesh, metal grills or other
equivalent durable material; or
ii)
other protection so as to effectively prevent
the entry of insects, termites, rodents, vermin or
other animals.
19.3
Glazed doors, windows and other transparent surfaces shall
be kept clean so as to permit unimpeded visibility and
unrestricted passage of light.
19.4
A window in a dwelling unit that can be or is required by
the standards to be openable shall be provided with
screening to effectively prevent the entry of insects.
19.5
Nothing in this section shall be construed as preventing
doors, windows and other openings in an unoccupied
building or accessory building from being protected from
damage or to prevent entry, for such time as determined
by section 23.
31
19.6
A canopy, marquee or awning shall be properly anchored
so as to be kept in a safe condition and shall be protected
from decay and rust by a periodic application of
weathercoating material.
19.7
A building shall have a safe, continuous and unobstructed
passage from the interior to an exit or the outside of the
building at street or grade level.
19.8
A door that facilitates access to or egress from a dwelling
unit shall be equipped with locks, and shall be maintained
in a good state of repair and in an operating condition.
20.0
EXTERIOR STAIRS, VERANDAS, PORCHES, DECKS, LOADING
DOCKS, BALCONIES AND FIRE ESCAPES
20.1
An exterior stair, veranda, porch, deck, loading dock,
balcony, fire escapes and every appurtenance attached
thereto shall be maintained, reconstructed or repaired so
as to be safe to use and capable of supporting the loads
to which it may be subjected, as specified in the Building
Code Act, and shall be kept in safe condition and good
state of repair, free of all accident hazards and other
deterioration or objects detrimental to the appearance of
the building or accessory building.
20.2
Without restricting the generality of section 20.1, the
maintenance, reconstructing or repairing of an exterior
stair, veranda, porch, deck, loading dock, balcony and fire
escape may include:
(a)
repairing or replacing treads, risers or floors that show
excessive wear or are broken, warped, loose or
otherwise defective;
32
(b)
repairing, renewing or supporting structural members
that are rotted, deteriorated or loose;
(c)
providing, repairing or renewing guard rails, railings
and balustrades; and
(d)
painting
or
the
applying
of
an
equivalent preservative.
20.3
Exterior stairs and fire escapes shall be kept free from ice
and snow.
21.0
ROOFS AND ROOF STRUCTURES
21.1
A roof, roof deck, roof structures including solar energy
panels, wind generators and related guards of a building
or accessory building shall be:
(a)
weather tight and free from leaks;
(b)
free from loose or unsecured or unsafe objects and
materials;
(c)
free from accident hazards;
(d)
free from dangerous accumulation of ice and snow;
(e)
kept in a good state of repair and in a safe
condition;
(f)
free from other unsightly objects and conditions
detrimental to the appearance of the building or
accessory building.
21.2
An eaves trough, roof gutter and downpipe shall be kept:
(a)
in good repair;
33
(b)
in good working order;
(c)
water tight and free from leaks;
(d)
free from accident hazards;
(e)
protected by painting or the applying of other
equivalent preservative.
21.3
Chimneys, smoke or vent stacks and other roof structures
shall be maintained plumb and in good state of repair and
shall be:
(a)
free from loose bricks, mortar and loose or broken
capping;
(b)
free from loose or rusted stanchions, guy wires,
braces and attachments;
(c)
free from any accident hazard;
(d)
free from the entrance of smoke or gases into a
building or accessory building;
(e)
free from the heating of adjacent combustible
materials, walls and structural members to unsafe
temperatures;
(f)
weather tight and free from leaks;
(g)
free
from
unsightly
objects
and
conditions
detrimental to the appearance of the building or
accessory building.
22.0
EXTERIOR MAINTENANCE
34
22.1
All exterior surfaces that have been previously painted,
stained, varnished or which have received other similar
protective finishes shall be maintained without visible
deterioration from the original finish, or shall be suitably
refinished by application of an equivalent preservative.
22.2
Appropriate measures shall be taken to remove any
graffiti, markings, stains or other defacement, occurring on
the exposed finished exterior surfaces and, where
necessary, to restore the exterior surface and adjacent
areas to, as near as possible, to its appearance before the
markings, stains or defacement occurred.
22.3
In the event of fire or other disaster, measures shall be
taken as soon as possible to make the damaged building
or accessory building compatible with its environment.
Without restricting the generality of the foregoing, such
measures include:
(a)
making the building or accessory building safe;
(b)
repairing of damaged surfaces exposed to view;
(c)
cleaning any damaged surfaces exposed to view;
(d)
refinishing so as to be in harmony with adjoining
undamaged surfaces.
22.4
In the event the building or accessory building is beyond
repair, the property shall be cleared of all remains and left
in a graded level and tidy condition.
23.0
VACANT PROPERTY AND VACANT BUILDINGS -
ADDITIONAL STANDARDS
35
23.1
Vacant property shall be kept clear of all waste and other
materials and equipment not otherwise permitted by the
zoning by-law.
23.2
A vacant building shall:
(a)
be secured against unauthorized entry;
(b)
be protected against the risk of fire, accident, or
other danger.
23.3
Where a vacant building has been vacant for at least sixty
(60) consecutive days, a Property Standards Officer who
reasonably believes that a vacant building poses a risk to
safety may, in writing, require the Owner of a vacant
building to do any one or more of the following, within the
timeframe specified by the Property Standards Officer:
(a)
install security measures or devices to the satisfaction
of the Property Standards Officer, and such measures
may include boarding of doors, windows, or other
openings; or
(b)
do any work or repairs which, in the opinion of the
Property Standards Officer, are necessary to secure
a vacant building from unauthorized entry or protect
a vacant building against the risk of fire, accident, or
other danger.
23.4
Where a vacant building is boarded or required to be
boarded:
(a)
boarding materials shall be installed and maintained
in good order;
(b)
boarding materials shall be installed to exclude
precipitation and wind from entering the vacant
building, and to secure the vacant building from
36
unauthorized entry, and shall be installed within the
reveal of the opening frame or cladding, where
feasible;
(c)
unless inherently resistant to deterioration, boarding
materials shall be treated with a protective coating
of paint or equivalent weather resistant material;
(d)
boarding materials shall be selected, coated,
coloured, and installed to match surrounding
door/window frames and exterior wall finishes.
23.5
Where a vacant building remains vacant for more than
ninety (90) consecutive days, the Owner shall ensure that
all utilities serving the vacant building are properly
disconnected, terminated, or capped, unless such utilities
are necessary for the safety or security of the vacant
building, or unless such utilities are otherwise required by
law to remain connected.
23.6
When openings in a vacant building previously boarded or
secured become unsecured, such openings shall be
secured again, and as determined by the Property
Standards Officer may require the use of materials and
fasteners of greater strength, installed in such a manner to
deter their removal or destruction.
23.7
Where a vacant building has remained vacant or
unoccupied for a period of two (2) years and continues in
a state of disrepair and deterioration, a Property Standards
Officer may issue an order to remove all previously installed
boarding from windows and doors and to repair the vacant
building in compliance with the standards set out in this By-
law.
24.0
ADMINISTRATION AND ENFORCEMENT
37
24.1
A Property Standards Officer is responsible for the
administration and enforcement of this By-law.
24.2
A Property Standards 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 this by-law;
(b)
whether an order made under this by-law and the
Building Code Act has been complied with.
24.3
Despite section 24.2, a Property Standards Officer shall not
enter or remain in any room or place actually being used
as a dwelling unless,
(a)
the consent of the occupant is obtained, the
occupant first having been informed that the right of
entry may be refused and entry made only under the
authority of a warrant issued under the Building Code
Act;
(b)
a warrant issued under the Building Code Act is
obtained;
(c)
the delay necessary to obtain a warrant or the
consent of the occupant would result in an
immediate danger to the health or safety of any
person;
(d)
the entry is necessary to terminate a danger under
subsection 15.7 (3) or 15.10 (3) of the Building Code
Act; or
(e)
the requirements of section 24.4 are met and the
entry is necessary to remove an unsafe condition
under clause 15.9 (6) (b) of the Building Code Act or
38
to repair or demolish under subsection 15.4(1) of the
Building Code Act.
24.4
Within a reasonable time before entering the room or place
for a purpose described in section 24.3 (e), the Officer shall
serve the occupant with notice of his or her intention to
enter it.
24.5
A Property Standards Officer for the purposes of an
inspection has all the powers as provided for in section
15.8(1) of the Building Code Act.
25.0
ORDERS AND COMPLIANCE
25.1
An owner of property shall comply with the standards and
requirements prescribed in this By-law.
25.2
Every Property Standards Officer who finds that a property
does not conform with any of the standards of this By-law,
may make an order pursuant to the provisions of Section
15.2 of the Building Code Act:
(a)
requiring the property that does not conform with
the standards to be repaired and maintained to
conform with the standards; or
(b)
requiring that the site be cleared of all buildings or
accessory buildings, structures, debris or refuse and
left in a graded and leveled condition.
25.3
Every owner of property shall comply with an order made
pursuant to this By-law and the Building Code Act requiring
compliance as confirmed or modified. If an order of a
Property Standards Officer is not complied with in
accordance with the order as deemed confirmed or as
confirmed or modified by the Committee or a judge, the
Township may cause the property to be repaired or
demolished accordingly.
39
25.4
Where any person fails to comply with an order issued, the
Township may enter and cause the required work to be
done at the cost of the person. The cost of such work may
be recovered by action or by adding the costs to the tax
roll and collecting the costs in the same manner as property
taxes.
25.6
No Person shall fail to comply with an Order issued under
this By-law. [Amended by Section 3 of By-law 2025-076 on
October 8, 2025]
25.7
No Person shall fail to comply with a Directive issued under
this By-law. [Amended by Section 3 of By-law 2025-076 on
October 8, 2025]
25.8
No Person shall hinder or obstruct, or attempt to hinder or
obstruct, any officer or employee, agent, or contractor
retained by the Township in the exercise of a power or the
performance of a duty under this By-law. [Amended by
Section 3 of By-law 2025-076 on October 8, 2025]
26.0
APPEAL OF ORDER
26.1
An owner who has been served with an order made under
this By-law and Building Code Act 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 with the order.
26.2
An order that is not appealed within the time referred to in
Section 26.1 shall be deemed to be confirmed.
26.3
The Committee shall hear the appeal.
26.4
On an appeal, the Committee has all the powers and
functions of the Property Standards Officer who made the
40
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:
(a)
Confirm, modify or rescind the order to demolish or
repair;
(b)
Extend the time for complying with the order.
26.5
The Township in which the property is situate or any owner
or person affected by a decision under this section may
appeal to the Superior Court of Justice by notifying the
Clerk of the Township in writing and by applying to the court
within 14 days after a copy of the decision is sent.
26.6
The Superior Court of Justice shall appoint, in writing, a time
and place for the hearing of the appeal and may direct in
the appointment the matter in which and the persons upon
whom the appointment is to be served.
26.7
On the appeal, the judge has the same powers and
functions as the Committee.
26.8
An order that is deemed to be confirmed under section
26.2 or that is confirmed or modified by the Committee
under section 26.3 or a judge under section 26.7, as the
case may be, shall be final and binding upon the owner
who shall carry out the repair or demolition within the time
and in the manner specified in the order.
27.0
POWER OF TOWNSHIP TO REPAIR AND DEMOLISH
27.1
If an order is not complied with in accordance with the
order as deemed confirmed or as confirmed or modified by
the Committee or a judge, the Township in accordance
with section 15.4 of the Building Code Act may cause the
property to be repaired or demolished.
41
27.2
Where an order is not complied with and the Township has
caused the property to be repaired or demolished, the
Township has priority lien status in accordance with section
1 of the Municipal Act, 2001, as amended, on the property
for the amount spent on the repair or demolition and the
amount may be added to the tax roll by the Treasurer of
the Township and may be collected in the same manner
as taxes on the property.
28.0
EMERGENCY ORDERS
28.1
If upon inspection of a property an Property Standards
Officer is satisfied that there is non-conformity with the
standards prescribed in this by-law to such extent as to
pose an immediate danger to the health or safety of any
person, the Property Standards Officer may make an order
in accordance with section 15.7 of the Building Code Act
containing particulars of the non-conformity and requiring
remedial repairs or other work to be carried out
immediately to terminate the danger.
29.0
CERTIFICATE OF COMPLIANCE
29.1
After inspecting a property, a Property Standards Officer
who is of the opinion that the property is in compliance with
the standards established in this By-law, may issue a
certificate of compliance to the owner.
29.2
The prescribed fee set out in the Township's Fees and
Charges By-law shall be payable prior to the issuance of a
certificate of compliance where it is issued at the request
of the owner.
42
30.0
PENALTY
30.1
Every owner who fails to comply with an order, as
confirmed, any other order, a direction or a requirement
made under this By-law is guilty of an offence under Section
36.(1) of the Building Code Act and is liable to a penalty or
penalties as set out in Section 36 of the Building Code Act.
30.2
Section 25, inclusive of all subsections thereunder, of this By-
law are hereby designated as parts of this By-law to which
the Administrative Monetary Penalty System By-law applies.
[Amended by Section 4 of By-law 2025-076 on October 8,
2025]
30.3
Any person shall, upon issuance of a penalty notice for a
contravention of this By-law, in accordance with the
Administrative Monetary Penalty System Bylaw, be liable to
pay an administrative penalty and any administrative fees,
in accordance with the Administrative Monetary Penalty
System By-law. [Amended by Section 4 of By-law 2025-076
on October 8, 2025]
30.4
All the provisions of this by-law continue to apply in the
Provincial Offences Act in addition to the Designated
Provisions of this by-law. [Amended by Section 4 of By-law
2025-076 on October 8, 2025]
30.5
Where a person has not paid the administrative penalty
within 30 days in accordance with the Administrative
Monetary Penalty System By-law, the Township may add
the administrative penalty to the tax roll for any property for
which the owner or owners are responsible for paying the
administrative penalty under Section 434.2. [Amended by
Section 4 of By-law 2025-076 on October 8, 2025]
43
31.0
PROPERTY STANDARDS COMMITTEE
31.1
A Committee is hereby established in accordance with the
Building Code Act.
31.2
The Committee shall be composed of such persons, not
fewer than three (3), as Council considers advisable.
31.3
The Committee shall hold office for the term of Council or
until such time as successors are appointed.
32.0
EXEMPTIONS
32.1
This By-law does not apply to lands on which construction
is actively proceeding in accordance with a permit issued
pursuant to the Building Code Act.
32.2
This By-law does not apply so as to prevent a farm,
meeting the definition of "agricultural operation" under
the Farming and Food Production Protection Act, 1998,
S.O. 1998 c.1, from carrying out a normal farm practice as
provided for and defined under that Act.
33.0 VALIDITY
33.1
If any section, subsection, paragraph, sentence, clause, or
provision of this By-Law be declared by a Court of
competent jurisdiction to be invalid, illegal or ultra vires for
any reason, all other provisions of this By-Law shall remain
and continue in full force and effect and shall remain valid
and binding.
READ A THIRD TIME AND FINALLY PASSED THIS 12th DAY OF JULY, 2020.
44
____________________________
James Seeley, Mayor
____________________________
Glenn Schwendinger, CAO/Clerk
45
AMENDMENT HISTORY
PROPERTY STANDARDS BY-LAW
DATE
(Y/M/D)
BY-LAW
AUTHORITY
CONSOLIDATED
2025/10/08
2025-076
Item 9.4.8 REPORT COR-2025-
048 - Property Standards By-law
and Administrative Monetary
Penalty System (AMPS) By-law
Amendments
✔