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BILL NO. 2019.13
THE CORPORATION OF THE TOWNSHIP OF RAMARA
BYLAW NO. 2019.16
MINIMUM PROPERTY MAINTENANCE AND
OCCUPANCY STANDARDS BYLAW
WHEREAS the Council of the Corporation of the Township of Ramara deems it expedient to
pass a Bylaw pursuant to the powers conferred on Councils under the provision of Section
15.1 of The Building Code Act 1992, S.O. 1992 Chapter 23 and to repeal existing Property
Standards Bylaw;
AND WHEREAS there is in effect in the Township of Ramara, an Official Plan which
includes provisions related to the property conditions;
NOW THEREFORE, the Council of the Corporation of the Township of Ramara enacts as
follows:
INDEX
1.0
TITLE AND SCOPE ........................................................................................................ 2
1.1
Short Title ...................................................................................................................... 2
1.2
Scope ........................................................................................................................... 2
2.0 APPLIED MEANING OF WORDS AND TERMS ................................................................ 3
2.1 Interpretations ................................................................................................................. 3
2.2 Definitions ....................................................................................................................... 4
3.0 GENERAL MAINTENANCE FOR ALL PROPERTIES AND DWELLING UNITS .............. 9
3.1 Structural Elements ......................................................................................................... 9
3.2 Plumbing ......................................................................................................................... 9
3.3 Electrical ........................................................................................................................ 11
3.4 Heating .......................................................................................................................... 11
3.5 Lighting & Ventilation ..................................................................................................... 12
3.6 Locking Doors & Windows ............................................................................................. 13
3.7 Interior Doors ................................................................................................................. 14
3.8 Window Safety Devices ................................................................................................. 14
3.9 Interior Maintenance ...................................................................................................... 14
3.10
Guards ....................................................................................................................... 15
Page 1 of 25
3.11 Sewage and Drainage ................................................................................................ 15
3.12
Exterior Common Areas ............................................................................................. 16
3.13
Structural Standards & Exterior Surfaces .................................................................. 17
3.14
Surface of Driveways ................................................................................................. 17
3.15
Garbage ..................................................................................................................... 18
3.16
Rodents ..................................................................................................................... 18
3.17 Swimming Pools & Ponds ........................................................................................... 19
3.18 Abandoned Refrigerators ........................................................................................... 19
3.19
Signs .......................................................................................................................... 19
3.20
Mobile Home Parks and Land Lease Communities ................................................... 19
4.0 ADMINISTRATION AND ENFORCEMENT ...................................................................... 20
4.1 Officers and Inspectors .................................................................................................. 20
4.2 Inspection and Entry ...................................................................................................... 20
4.3 Order ............................................................................................................................. 21
4.4 Property Standards Committee ..................................................................................... 22
4.5 Appeal to Committee ..................................................................................................... 22
4.6 Appeal to the Court ........................................................................................................ 22
4.7 Confirmed Order ............................................................................................................ 23
4.8 Penalty .......................................................................................................................... 23
4.9 Power of the Corporation to Repair or Demolish ........................................................... 23
4.10
Recovery of Expense ................................................................................................. 23
4.11
Emergency Powers .................................................................................................... 24
4.12
Service Fees .............................................................................................................. 24
5.0
EFFECT AND REPEAL ................................................................................................. 25
1.0
TITLE AND SCOPE
1.1
Short Title
1.1.1
This bylaw may be cited as the "Property Standards Bylaw".
1.2
Scope
1.2.1.
The standards for maintenance and occupancy of property set forth in th is
bylaw are hereby prescribed and adopted as the minimum standards for
all properties within the Township of Ramara.
Page 2 of 25
1.2.2.
No person shall occupy or use, or permit the occupancy or use, of any
property that does not conform to the standards prescribed in this bylaw.
1.2.3.
All properties within the Township that do not conform to the standards
contained in this bylaw shall be repaired and maintain such property to
conform to the standards, or the site to be cleared of all buildings,
structures, debris or refuse and left in a graded and levelled condition.
1.2.4.
No person shall remove from any premises any sign, notice or placard
thereon pursuant to Section 15.2(3) of the Building Code Act or this bylaw.
1.2.5.
Notwithstanding subsection 1.2.1., the following subsections do not apply to
farm properties; 3.12.1(c) & 3.12.10 and to farm buildings; 3.13.1, 3.13.2,
3.13.3 except farm building which have been abandoned.
1.2.6.
Every tenant, occupant, or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a
regular basis, in accordance to municipal bylaws.
1.2.7.
Every tenant, occupant, or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture under their control including hallways,
entrances, laundry rooms, utility rooms and other common areas in a clean,
sanitary and safe condition.
1.2.8.
The number of occupants residing on a permanent basis in an individual
dwelling unit shall not exceed one person for every nine (9) square metres
(97 square feet) of habitable floor area.
1.2.9.
For computing the maximum number of occupants in Subsection (1.2.8), any
child under one year of age shall not be counted, and any child of more than
one year but under twelve years of age shall be deemed one-half person.
2.0
APPLIED MEANING OF WORDS AND TERMS
2.1
Interpretations
2.1.1
Interchangeability: Words used in the present tense include the future,
words in the masculine gender include the feminine and neuter; the
singular number includes the plural, and the plural include the singular.
2.1.2
Terms Defined: Unless otherwise expressly stated, terms shall, for the
purpose of this bylaw, have the meaning indicated in Section 2, of this
bylaw.
Page 30f25
2.1.3 Terms Not Defined: Where terms are not defined under the provisions of
this bylaw, they shall have the meanings ascribed to them in the Building
Code or, if not defined in the Building Code, they shall have the meaning
ascribed in the Ontario Fire Code or, if not defined in the Ontario Fire
Code, they shall have ascribed to them their ordinary accepted meaning,
and such as the context herein may imply.
2.2
Definitions
For the purpose of this Bylaw, the following definitions shall apply:
Accessory Building means any building or structure which is separate from or attached to the
main building in the lot on which both are located and the use of which is an accessory use to
that of the said main building or lot and shall include swimming pools, private greenhouses,
patio shelters, carports, and tree houses. Not used for human habitation and is subordinate to
the lawful primary use of the main building or structure on the said property.
Appliances means refrigerators, stoves, clothes washers, clothes dryers, dishwashers and hot
water tanks.
Approved means acceptance by the Property Standards Officer.
Basement means that space of a building that is partially below grade, which has half or
more of its height, measured from floor to ceiling above the average exterior finished
grade.
Boat means any vessel which floats 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.
Brush means tree limbs and branches under 6" in diameter, grass clippings, leaves, garden
waste, small shrub clippings and weeds.
Building means a structure consisting of a wall, roof, or floor, or anyone or more of these
which is used or intended to be used for the shelter, accommodation, or enclosure of persons,
animals, goods, or materials.
1) The word "structure" shall mean the same as building.
Building Code means the in force Ontario regulations made under Section 34 of the
Building Code Act, that being Ontario Regulation 350106 and or Ontario Regulation 332/12
and all amendments thereto.
Cellar means that space of a building that is partly or entirely below grade, which has
more than half of its height, measured from floor to ceiling, below the average exterior
finished grade.
Page 4 of 25
Committee means a Property Standards Committee established in accordance with section
15.6 of the Ontario Building Code Act, S.O. 1992.
Corporation means the Corporation of the Township of Ramara.
Debris means:
a) Ashes, garbage, rubbish, discarded building materials, used vehicle parts, tires, junk or
bale wrap;
b) Tin cans, bottles, boxes or other containers;
c) Derelict vehicles;
d) Derelict, abandoned or inoperable machinery, appliances and furnishings, both
household and commercial;
e) Solid industrial waste, liquid industrial waste, agricultural waste or sewage;
f) Any term in subparagraphs a) through e) not defined herein shall be interpreted
according to the definitions contained in the Building Code Act R.S.O. 1990 and the
Highway Traffic Act R.S.O. 1990 all as amended and the Regulations thereto.
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 usually including cooking, eating, sleeping and sanitary facilities.
Exterior Property Areas means the property, exclusive of buildings and accessory buildings.
Farm Building means a barn, shed, storage facility or similar structure used for farm or
agricultural purposes.
Fence means a structure, wall, barrier, other than a building, erected at grade for defining
boundaries of the 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;
Fire Chief means the Manager of Fire & Rescue Services/ Fire Chief as appointed by
Township Councilor his designate.
Fire Wood 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.
Good Repair shall mean good working order and maintained in such a condition so as to be
free from any malfunction, danger or hazard and not unsightly by reason of deterioration,
damage or defacement.
Page 50f25
Ground Sign means a sign in a fixed location, wholly supported by one or more uprights,
poles, braces or located on a structural base placed in or upon the ground and with a sign area
greater than 6 square metres.
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.
Habitable Space means a room or area used or intended to be used for living, sleeping,
cooking or eating purposes and includes a washroom.
Handrail shall mean a narrow rail for holding as a support on stairs.
Industrial Vehicle means a motorized vehicle that does not require a license to operate and
includes without limiting the generality of the foregoing, forklifts and tractors.
Inoperative Vehicle means any vehicle having missing parts, including tires, missing or
damaged glass and deteriorated or removed metal components which prevent its mechanical
function, and includes motor vehicles, commercial and industrial vehicles and equipment, and
major recreation equipment.
Interior Common Areas means laundry rooms, garbage rooms, corridors, lobbies, vestibules,
boiler rooms, parking garages, storage areas and recreation rooms.
Major Recreation Equipment means a portable structure designed and built to be carried by
a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes
of providing temporary living accommodation or recreational enjoyment for travel and shall
include, for example, motor homes, travel trailers, tent trailers, watercraft, watercraft trailers,
snowmobiles and All-Terrain Vehicles, golf carts or other like or similar equipment, excluding
bicycles.
Maintenance shall mean the preservation and keeping in repair of a property.
Motor Vehicle means any wheeled motor vehicle self-propelled by an engine such as a car or
truck that does not run on rails, which requires a license under the highway traffic act to travel
on a road maintained by a public authority.
Page 6 of 25
Non-Habitable Room means any room in a dwelling or dwelling unit other than a habitable
room, and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet,
boiler room or other space for service and maintenance of the dwelling for public use and for
access to and vertical travel between stores, and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this bylaw.
Non-residential property means a building or structure not occupied or capable of being
occupied in whole or in part for the purpose of human habitation and includes the lands and
premises appurtenant there to.
Noxious Weed means as defined in the Weed Control Act, R.S.O. 1990, c W5, as amended, a
plant that is deemed to be noxious weed under subsection 10 (2) or designated as a noxious
weed under section 24 (a) of that Act as amended.
Occupant means any person or persons over the age of eighteen years in possession of the
property.
Officer means a Property Standards Officer appointed by bylaw and assigned to the
responsibility for enforcing and administering this bylaw.
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 is used, whether on the persons 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.
Person means any human being, association, firm, partnership, incorporated company,
corporation, agent or trustee, and the heirs, executors or other legal 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 the lands and premises appurtenant thereto and 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 means a Property standards officer who has been appointed by
bylaw to administer and enforce this bylaw.
Rental Dwelling Unit means a Building or part of a Building:
(i) Consisting of one or more rooms;
(ii) Containing toilet and cooking facilities;
(iii) Designed for use as a single housekeeping establishment; and
(iv) Used or intended for use as a rented residential premises.
Page 7 of 25
Repair means 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 this bylaw
Residential Property means any property that is used or designed for use as a domestic
establishment, in which one or more persons usually sleep and prepare and serve meals, and
includes any lands or buildings that are appurtenant to such establishment and all stairways,
walkways, driveways, parking spaces, and fences associated with the dwelling or its yard
Rooming Unit means one or more habitable rooms with shared sanitary, cooking or eating
facilities, or with no cooking or eating facilities which are rented or capable of being rented to a
person for gain
Safe Condition means a condition that does not pose or constitute an undue or
unreasonable hazard or risk of life, limb or health of any person on or about the property,
and includes a structurally sound condition.
Sewage means water-carried wastes, together with such ground, surface and storm waters as
may be present.
Sewage System means any municipal sanitary sewage system or an approved private
sewage disposal system.
Sign means an advertising device or notice and means any medium, including its structure
and other component parts, which is used or capable of being used to attract attention to a
specific subject matter, other than itself, for identification, information or advertising purposes.
Standards means standards of physical condition and of occupancy prescribed for property in
this bylaw.
Stormwater means water discharge from ground runoff, roof drainage, sump pump
discharge, and discharge from swimming pool or pond.
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.
Washroom means an area containing a toilet, urinal, bathtub, shower or washbasin.
Waste or Waste Material means any article or thing which appears to have been cast
aside, discarded, or abandoned, or appears to be worthless, useless, or of no practical
value, or appears to be used up in whole or in part or expended or worn out and shall
include but is not limited to
a) Accumulations or deposits of litter, rubbish, garbage, trash
b) Refrigerators, freezers or other appliances or parts thereof
c) Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks
d) Inoperative motor vehicles
e) Paper, cartons, fabrics or carpets
Page 8 of 25
f)
Furniture
g) Piping, tubing, conduits, cable and fittings or other accessories or adjuncts to the
piping, tubing, conduits or cable
h) Containers or pallets of any size, type or composition
i)
Material resulting from or as part of construction or demolition projects
j)
Rubble, inert fill except loose soil, sand or gravel.
Yard means the land other than publicly owned land around and appurtenant to the whole or
any part of a building or structure and lawfully used or intended to be used or capable of being
used in association of the building or structure.
3.0
GENERAL MAINTENANCE FOR ALL PROPERTIES AND DWELLING UNITS
3.1
Structural Elements
3.1.1
The structural elements in a residential complex shall be maintained in a
sound condition so as to be capable of safely sustaining their own weight
and any load or force that may normally be imposed.
3.1.2
Every floor of a basement, cellar or crawl space, and every slab at ground
level, foundation wall, wall and roof shall be structurally sound, weather tight
and damp-proofed and shall be maintained so as to reasonably protect
against deterioration, including that due to weather, fungus, dry rot, rodents,
vermin or insects.
3.1.3
The site upon which a residential complex is situated shall be graded and
drained to prevent the ponding of water on the surface, the erosion of soil
and the entrance of water into a building or structure.
3.1.4
Every roof shall be watertight.
3.1.5
The roof and any cornice flashing, fascia, soffit, capping, gutter, rainwater
leader, vent or other roof structure,
(a) shall be maintained to properly perform their intended function; and
(b) shall be kept clear of obstructions, hazards and dangerous accumulations of
snow and ice.
3.1.6
Retaining walls, guards and fences in exterior common areas shall be
maintained in a structurally sound condition and free from hazards.
3.2
Plumbing
3.2.1
Plumbing and drainage systems in a residential complex, and their
appurtenances, shall be maintained free from leaks, defects and
obstructions and adequately protected from freezing.
3.2.2
A residential complex shall be provided with a means of sewage disposal.
Page 9 of 25
3.2.3
The means of sewage disposal shall be maintained in a good state of repair.
3.2.4
Subject to subsections (3.2.5), (3.2.6) and (3.2.7), every rental unit shall
contain the following fixtures:
(a) A toilet.
(b) A kitchen sink.
(c) A washbasin.
(d) A bathtub or shower.
3.2.5
Subsection (3.2.4) does not apply to rental units that share a fixture
described in paragraph a, cor d of subsection (3.2.4) if no more than two
rental units share the fixture and access to the fixture from each rental unit is
possible without,
(a) passing through another rental unit;
(b) travelling along an unheated corridor; or
(c) travelling outside the building containing the rental units.
3.2.6
Subsection (3.2.4) does not apply to a boarding house or lodging house if,
(a) there is at least one toilet, one washbasin and one bathtub or shower for
every five rental units;
(b) all tenants have access to a kitchen sink; and
(c) all fixtures mentioned in clauses (a) and (b) are available in each building
containing rental units.
3.2.7
Subsection (3.2.4) does not apply to a residential complex or rental unit that
has never been provided with piped water.
3.2.8 The fixtures required by this section shall be maintained in a good state of repair
and in a safely operable condition and shall be supplied with a supply of potable
water sufficient for normal household use at a flow and pressure sufficient for the
intended use of the fixtures.
3.2.9 Every washroom shall be enclosed and shall have,
(a) a water-resistant floor; and
(b) a door that can be,
(i) secured from the inside, and
(ii) opened from the outside in an emergency.
3.2.10 The walls and ceiling around a bathtub or shower shall be water-resistant.
3.2.11 No toilet or urinal shall be located in a room used for or intended to be used
for sleeping or preparing, consuming or storing food.
3.2.12 Every kitchen sink, washbasin, bathtub and shower shall be provided, by
safe equipment, with hot and cold running water.
Page 10 of 25
3.2.13 The ordinary temperature of the hot water provided must be at least 43
degrees Celsius but not more than 49 degrees Celsius
3.3
Electrical
3.3.1
A supply of electrical power shall be provided to all habitable space in a
residential complex.
3.3.2
The wiring and receptacles necessary to provide electrical power shall be
maintained free of conditions dangerous to persons or property.
3.3.3
Every kitchen shall have outlets suitable for a refrigerator and a cooking
appliance.
3.3.4
If a rental unit has a meter for electricity for the purpose of billing the tenants
of that rental unit, the meter shall be properly maintained and kept
accessible to the tenants.
3.3.5
This section does not apply to a residential complex that has never been
connected to an electrical power system.
3.4
Heating
3.4.1
Heat shall be provided and maintained so that the room temperature at 1.5
metres above floor level and one metre from exterior walls in all habitable
space and in any area intended for normal use by tenants, including
recreation rooms and laundry rooms but excluding locker rooms and
garages, is at least 20 degrees Celsius.
3.4.2
Subsection (3.4.1) does not apply to a rental unit in which the tenant can
regulate the temperature and a minimum temperature of 20 degrees Celsius
can be maintained by the primary source of heat.
3.4.3
Every residential complex shall have heating equipment capable of
maintaining the temperature levels required by subsection (3.4.1).
3.4.4
No rental unit shall be equipped with portable heating equipment as the
primary source of heat.
3.4.5
Only heating equipment approved for use by a recognized standards testing
authority shall be provided in a room used or intended for use for sleeping
purposes.
3.4.6
Fuel supplied to a residential complex or rental unit shall be supplied
continuously in adequate quantities.
Page 11 of 25
3.4.7
Utilities supplied to a residential complex or rental unit shall be supplied
continuously.
3.4.8
The supply of fuel and utilities may be interrupted for such reasonable period
of time as may be required for the purpose of repair or replacement.
3.4.9
Subsections (3.4.6) and (3.4.7) do not apply if the tenancy agreement
makes the tenant responsible for the supply of fuel or utilities and the supply
has been discontinued because of arrears in payment.
3.4.10 Heating systems, including stoves, heating appliances, fireplaces intended
for use, chimneys, fans, pumps and filtration equipment, shall be maintained
in a good state of repair and in a safely operable condition.
3.4.11 A space that contains heating equipment that burns fuel shall have a natural
or mechanical means of supplying the air required for combustion.
3.4.12 If heating equipment burns solid or liquid fuel, a storage place or receptacle
for the fuel shall be provided in a safe place and maintained in a safe
condition.
3.5
Lighting & Ventilation
3.5.1
Adequate artificial lighting shall be available at all times in all rooms,
stairways, halls, corridors, garages, and basements of a residential complex
that are accessible to tenants.
3.5.2
Artificial lighting shall be provided in exterior common areas to permit these
areas to be used or passed through safely, and to provide security.
3.5.3
Subsections (3.5.1) and (3.5.2) do not apply to a residential complex that
has never been connected to an electrical power system.
3.5.4
Artificial lighting that has been installed in outbuildings normally used by
tenants, including garages, shall be kept in operable condition.
3.5.5
Artificial lighting shall be maintained in a good state of repair.
3.5.6
All habitable space shall be provided with natural or mechanical means of
ventilation that is adequate for the use of the space.
3.5.7
Chimneys, smoke-pipes, flues and gas vents shall be kept clear of
obstructions and maintained so as to prevent the escape of smoke and
gases into a building containing one or more rental units.
Page 12 of 25
3.5.8
Parking garages shall be maintained so as to prevent the accumulation of
toxic fumes and the escape of toxic fumes into a building containing one or
more rental units.
3.5.9
Subject to subsections (3.5.10) and (3.5.11), every bedroom, living room
and dining room shall have a window (which may be part of a door) to the
outside of the building.
3.5.10 A window is not required in a dining room if it has artificial lighting.
3.5.11 A window is not required in a living room or dining room if,
(a) there is an opening in a dividing wall to an adjoining room;
(b) the adjoining room has a window to the outside; and
(c) the total window area of the adjoining room is at least 5 per cent of the
combined floor areas of the living room or dining room and the adjoining
room.
3.5.12 Every existing opening in the exterior surface of a building designed for a
door or window shall be equipped with a door or window capable of
performing the intended function.
3.5.13 Doors, windows and skylig hts shall be maintained so that,
(a) they are weather tight; and
(b) any damaged or missing parts are repaired or replaced.
3.6
Locking Doors & Windows
3.6.1
Every window and exterior door, including a balcony door that is capable of
being opened and that is accessible from outside a rental unit or a building
containing a rental unit shall be equipped so that it can be secured from the
inside.
3.6.2
At least one entrance door in a rental unit shall be capable of being locked from
outside the rental unit.
3.6.3
If a rental unit-to-vestibule communication system together with a vestibule door
locking release system is provided, it shall be maintained in a good state of
repair and in a safely operable condition.
3.6.4
Parking areas that are intended to be secured, shared locker rooms and shared
storage rooms shall be provided with doors equipped with security devices that
prevent access to persons other than the landlord and tenants.
3.6.5
A mail delivery slot that enters directly into a rental unit, and any similar opening
for deliveries, shall be located and maintained to prevent access to any door's or
window's locking or securing mechanisms.
Page 13 of 25
3.6.6
Subsection (3.6.5) does not apply with respect to a mail delivery slot or other
opening that has been sealed.
3.6.7
Mail boxes provided by the landlord shall be properly maintained and capable of
being secured.
3.7
Interior Doors
3.7.1
Every existing interior door shall be maintained so that it is capable of
performing its intended function and any damaged or missing parts shall be
repaired or replaced.
3.8
Window Safety Devices
3.8.1
This section applies with respect to every window in a rental unit that is in a
storey above the storey that has,
(a) its floor closest to ground level; and
(b) its ceiling more than 1.8 metres above average ground level.
3.8.2
At the request of the tenant, each window referred to in subsection (3.8.1) shall
be equipped with a safety device to prevent any part of the window from
opening so as to admit a sphere greater than 100 millimetres in diameter.
3.8.3
The safety device required by subsection (3.8.2) shall not make the window
incapable of being opened by an adult without a key or the use of tools.
3.9
Interior Maintenance
3.9.1
Every floor, stair, veranda, porch, deck, balcony, loading dock and every
structure similar to any of them, and any covering, guard or surface finishing
shall be maintained in a good state of repair.
3.9.2
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
3.9.3
Every cabinet, cupboard, shelf and counter top provided by the landlord of a
rental unit shall be maintained in a structurally sound condition, free from cracks
and deterioration.
3.9.4
Interior cladding of walls and ceilings shall be maintained free from holes, leaks,
deteriorating materials, mold, mildew and other fungi.
3.9.5
A protective finish shall be applied to all repairs made to walls and ceilings.
3.9.6
Appliances supplied by the landlord of the rental unit shall be maintained in a
good state of repair and in a safely operable condition.
Page 14 of 25
3.9.7
Those portions of a residential complex used for human habitation, including
common areas, shall be maintained to minimize heat loss through air infiltration.
3.9.8
Locker and storage rooms shall be kept free of dampness and mildew.
3.9.9
Elevators intended for use by tenants shall be properly maintained and kept in
operation except for such reasonable time as may be required to repair or
replace them.
3.9.10 All interior common areas and exterior common areas shall be kept clean and
free of hazards.
3.10
Guards
3.10.1 Guards shall be installed and maintained wherever,
(a) there is a vertical drop of more than 600 millimetres (including along the open
sides of stairs, ramps, balconies, mezzanines and landings); and
(b) they would be required for a newly constructed or renovated area under the
building code made under the Building Code Act, 1992.
3.10.2 A guard required by SUbsection (3.10.1) shall provide reasonable protection
from accidental falls for any person on the premises.
3.11 Sewage and Drainage
3.11.1 Sewage shall be discharged into a sewage system.
3.11.2 Non-operational and non-used cisterns and septic tanks must have all piping
disconnected at the building and the cistern or septic tank filled with sand or
gravel.
3.11.3 No storm water shall be directed or discharge onto a sidewalk, stair or
neighboring property.
3.11.4 Storm water shall be drained from the yard as to prevent recurrent ponding or
the entrance of water into a basement and in a manner that will minimize
erosion of the property and adjacent properties.
3.11.5 Storm water and pumped discharged water shall not be discharged into a
municipal sanitary sewage system.
3.11.6 Piped storm water shall not be discharged directly into or within 5 metres of a
municipal road ditch.
Page 15 of 25
3.12
Exterior Common Areas
3.12.1 Yards shall be kept in a neat and tidy condition, and free from:
a)
rubbish, garbage, brush, waste, litter, and other debris;
b)
injurious insects, termites, rodents, vermin and other pests;
c)
Heavy undergrowth and noxious weeds as identified in the Noxious Weed
Act;
d)
dead, decayed or damaged trees, or other natural growth and the branches
and limbs thereof which create an unsafe condition;
e)
wrecked, dismantled, derelict, inoperative, discarded, unused or unlicensed
(current validation) vehicles or trailers, except in an establishment
authorized to conduct and operate such a business, and then only in an
arrangement such as to prevent an unsafe condition;
f)
wrecked, dismantled, derelict, inoperative, discarded or unused boats and
any component parts thereto, except in an establishment authorized to
conduct and operate such a business, and then only in an arrangement
such as to prevent an unsafe condition;
g)
dilapidated or collapsed structures and any unprotected well;
h)
structures that create an unsafe condition;
i)
unsafe accumulations of ice and snow;
j)
Accumulations or storage of garbage, refuse, appliances or furniture in a
residential property shall not be permitted.
3.12.2 Unsightly and unreasonably overgrown, in relation to their environment, ground
cover, hedges and bushes.
3.12.3 Animal excrement, except in connection with lawful agricultural use on a
property.
3.12.4 Firewood except if stored in neat orderly piles.
3.12.5 An inoperative motor vehicle or trailer that has remained in an exterior common
area for more than a reasonable amount of time shall be removed.
3.12.6 Wells and holes in exterior common areas shall be filled or safely covered and
the wells shall also be protected from contamination.
3.12.7 Accessory buildings, fences, retaining walls and other structures appurtenant to
the property shall be maintained in a structurally sound condition and in good
repair.
Page 16 of 25
3.12.8 No motor vehicle or major recreational equipment shall be used for the storage
of garbage, rubbish, debris or any other waste material.
3.12.9 Landscaping and general maintenance of the exterior property areas shall not
detract from the landscaping and the general maintenance of the neighborhood
of which they are a part.
3.12.10 Vacant property and yards shall be kept clean and free from rubbish or other
debris and from objects or conditions that create or might create a health, fire or
accident hazard including buildings under construction.
3.13
Structural Standards & Exterior Surfaces
3.13.1 Every part of a building shall be maintained in a structurally sound condition to
the satisfaction of the Chief Building Official or designate to be capable of
sustaining safely its own weight and any additional load to which may be subject
through normal use.
3.13.2 The exterior walls, roofs and other parts of the dwelling shall be free from loose,
rotten, broken materials and objects. Such materials and objects shall be
removed, repaired or replaced.
3.13.3 All exterior surfaces of building shall be finished materials such as shingles,
steel, brick, siding, glass, exterior paint that provide adequate protection from
the weather.
3.13.4 All residential building shall have exterior surfaces installed within two years
from the date of issuance of building permit.
3.13.5 Notwithstanding sections (3.13.3) and (3.13.4) of this Section where buildings or
parts of building have been abandoned, all doors, windows and other opening
shall be boarded with a minimum %" exterior plywood, sheathing or other similar
approved material to prevent the entry of persons, birds, vermin, snow and rain
and shall be painted with exterior paint in order to be protected from the
weather.
3.14
Surface of Driveways
3.14.1 Driveways, ramps, parking garages, parking areas, paths, walkways, landings,
outside stairs and any similar area shall be maintained to provide a safe surface
for normal use.
3.14.2 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
and free of litter.
Page 17 of 25
3.14.3 Steps, walks, driveways, parking spaces and other similar areas shall be
maintained to afford safe passage under normal use and weather conditions
day or night.
3.15
Garbage
3.15.1 In a building containing more than one rental unit, one or more suitable
containers or compactors shall be provided for garbage.
3.15.2 Garbage in a container or compactor provided in accordance with subsection
(3.15.1) shall be stored and either placed for pick-up or regularly disposed of so
as not to cause a risk to the health or safety of any person.
3.15.3 A container or compactor provided in accordance with sUbsection (3.15.1) shall
be maintained in a clean and sanitary condition, shall be accessible to tenants
and shall not obstruct an emergency route, driveway or walkway.
3.15.4 Every building and every dwelling unit within a building shall utilize sufficient
receptacles or garbage bags to contain all garbage, rubbish and ashes.
3.15.5 Receptacles shall be:
(a) Made of water tight construction;
(b) Vermin proof; and
(c) Maintained in a clean state.
3.15.6 Garbage, rubbish, debris and ashes shall be promptly stored in receptacles
and made available for removal in accordance with bylaws of The Corporation
of County of Simcoe and the Township.
3.16
Rodents
3.16.1 A residential complex shall be kept reasonably free of rodents, vermin and
insects.
3.16.2 The methods used for exterminating rodents and insects shall be in
accordance with applicable municipal or provincial law.
3.16.3 Openings and holes in a building containing one or more rental units shall be
screened or sealed to prevent the entry of rodents, vermin, insects and other
pests.
Page 18 of 25
3.17 Swimming Pools & Ponds
3.17.1 Every swimming pool and pond shall be maintained to be in a clean and safe
condition to not present a health hazard.
3.17.2 Every swimming pool shall be free of leaks and faulty equipment.
3.18
Abandoned Refrigerators
3.18.1 An abandoned or inoperable icebox, refrigerator or freezer shall not be left in a
common area unless it is awaiting removal.
3.18.2 An icebox, refrigerator or freezer that is awaiting removal shall have all its
doors removed.
3.19
Signs
3.19.1 Every part of a ground sign shall be maintained in a structurally sound
condition to the satisfaction of the Chief Building Official or designate to be
capable of sustaining safely, its own weight and any additional load, including
wind load, to which it may be subject through normal use. Materials which
have been damaged or show evidence of rot or other deterioration shall be
repaired or replaced.
3.19.2 Every sign face shall be maintained as to be legible and visible. Any sign face
which has faded or shows signs of wear shall be repainted, repaired or
removed.
3.19.3 Every ground sign which displays advertising to rent, lease or buy that sign or
advertising space for more than 12 consecutive months shall be removed.
3.20
Mobile Home Parks and Land Lease Communities
3.20.1 A supply of potable water and water pressure that are sufficient for normal
household use shall be available for each rental unit in a mobile home park or
land lease community.
3.20.2 An adequate supply of water and adequate water pressure shall be available
for firefighting.
3.20.3 Fire hydrants owned by the landlord shall be regularly tested and maintained
and kept free from accumulations of snow and ice.
3.20.4 Roads within a mobile home park or land lease community shall be,
(a) kept free of holes and cleared of snow and obstructions;
(b) maintained to control dust; and
Page 19 of 25
(c) kept passable.
3.20.5 Excavations made for repairs shall be filled in and the ground returned to its
previous condition.
3.20.6 Mailboxes and the approaches to them shall be kept free of snow and other
obstructions.
3.20.7 Where the distance between mobile homes is three metres or more, that
distance shall not be reduced to less than three metres through the addition of
a deck or ramp or by any other means, unless a lesser distance provides an
adequate degree of fire safety.
3.20.8 Sewage holding tanks in a mobile home park or land lease community shall
be emptied whenever necessary.
3.20.9 Sewage connections and other components of a sewage system shall be
provided in a mobile home park or land lease community and shall be
permanently secured to prevent a discharge of sewage.
3.20.10 Electrical supply and connections in a mobile home park or land lease
community supplied by the landlord shall be maintained free of conditions
dangerous to persons or property.
4.0
ADMINISTRATION AND ENFORCEMENT
4.1
Officers and Inspectors
4.1.1
This bylaw shall be administered and enforced by a Property Standards
Officer.
4.2
Inspection and Entry
4.2.1
An Officer or any person acting under his instruction such as but not limited
to a Fire Chief, a Building Inspector, and a Structural Engineer may, at all
reasonable times and upon producing identification, enter and inspect any
property.
4.2.2 An Officer or any person acting under his instructions shall not enter any
room or place actually used as a dwelling without requesting and obtaining
the consent of the occupier, first having informed the occupier that the right
of entry may be refused, and entry made only under the authority of a
warrant.
Page 20 of 25
4.3
Order
4.3.1 If after inspection, the Officer is satisfied that in some respect, the property
does not conform to the standard prescribed in this bylaw, the Officer shall
serve or cause to be served by personal service or sent by prepaid
registered mail to the owner of the property and all personal affected as the
Officer determines an Order containing particulars of the nonconformity
and may, at the same time, post the Order on the property and register the
Order in accordance with the Building Code Act.
4.3.2 The Order shall contain:
(a)
the municipal address of such property;
(b)
reasonable particulars of the repairs to be affected or a statement that
the site is to be cleared of all buildings, structures, debris or refuse
and left in a graded and levelled condition;
(c)
the period in which there must be compliance with the term and
conditions of the Order giving notice that, if such repair or clearance is
not so done within the times specified in the Order, the municipality
may carry out the repair or clearance at the expense of the owner;
and
(d)
the final date for giving notice of appeal from the Order.
4.3.3
The Order when sent by registered mail shall be sent to the last known
address of the person to whom it is sent.
4.3.4
If the Officer is unable to effect service under Section 15.2(3) of the
Building Code Act, he shall place a placard containing the terms of the
Order in a conspicuous place on the property, and the placing of the
placard shall be deemed to be sufficient service of the Order on the owner.
4.3.5
An Order under Section 15.2(2) of the Building Code Act may be
registered in the proper Land Registry Office and, upon such registration,
and person acquiring any interest be deemed to have been served with the
Order on the date on which the Order was served 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 such Order.
Page 21 of 25
4.4
Property Standards Committee
4.4.1
The Property Standards Committee is hereby continued, consisting of a
minimum of three resident ratepayers of the Township appointed by
Council for the term of Council, and thereafter Council will forthwith fill
vacancies as they occur.
4.4.2 The members of the Committee shall elect one of themselves as
Chairperson, and when the Chairperson is absent through illness or
otherwise, the Committee may appoint another member to be Acting
Chairperson.
4.4.3
Any member of the Committee may administer oaths.
4.4.4
A secretary shall be appointed to keep on file the minutes and records of
all applications and decisions thereon and of all other official business of
the Committee.
4.4.5
A majority of the Committee constitutes a quorum and the Committee shall
adopt a Procedure Bylaw of Council as its own rules and procedure
subject to the modifications agreed upon by the Committee.
4.5
Appeal to Committee
4.5.1
When the owner or occupant upon whom an Order has been served is
not satisfied with the terms and conditions of the Order, the owner or
occupant may appeal to the Committee by sending notice of appeal by
registered mail to the Secretary of the Committee within fou rteen days
after service of the Order and in the event no appeal is made, the Order
shall be deemed to have been confirmed.
4.5.2
When an appeal has been made, the Committee shall hear the appeal
and shall have all powers and functions of the Officer and may confirm
the Order to demolish or repair, may modify or quash the Order or may
extend the time for complying.
4.6
Appeal to the Court
4.6.1
The owner or the Township may appeal the Committee's decision to the
Superior Court of Justice.
Page 22 of25
4.7
Confirmed Order
4.7.1
The Order, as deemed to be confirmed pursuant to the Building Code
Act, or as confirmed or modified by the Committee or in the event of an
appeal to a Judge as confirmed or modified by the Judge, shall be final
and binding upon the owner and occupant who shall make the repair or
effect the demolition within the time and in the manner specified in the
Order.
4.7.2
Employees or agents of the Corporation may enter the property at any
reasonable time, without a warrant, to affect the Order.
4.8
Penalty
4.8.1
A person who contravenes a bylaw passed under Section 15.1 (3) of the
Building Code Act or an owner who fails to comply with any Order shall
be guilty of an offence and is liable upon conviction to a fine of not
exceeding $25,000 for a first offence and to a fine not exceeding
$50,000 for any subsequent offence.
4.8.2
If a corporation is convicted of an offense, the Corporation is liable to a
fine not exceeding $50,000 for a first offence and to a fine not exceeding
$100,000 for any subsequent offence.
4.9
Power of the Corporation to Repair or Demolish
4.9.1
If the owner or occupancy of the property fails to demolish the property
or to repair in accordance with an Order as confirmed or modified, the
Corporation in addition to all other remedies:
(a) shall have the right to demolish or repair the property accordingly
and for this purpose with its servants and agents from time to time to
enter in and upon the property; and
(b) shall not be liable to compensate such owner, occupant or any other
person having an interest in the property by reason of anything done
by or on behalf of the Corporation under the provisions of this
section.
4.10
Recovery of Expense
4.10.1
If the owner of the property fails to demolish the property or to repair in
accordance with an Order as confirmed or modified, such demolition or
repair shall be done at the owner's expense, and the Township may
recover all expenses incurred in effecting the Order.
Page 23 of 25
4.11 Emergency Powers
4.11.1
Despite any other provisions of the bylaw, if upon inspection of a
property the Officer is satisfied there is nonconformity with standards
prescribed in this bylaw to such extent as to pose an immediate danger
to health or safety of any person, the Officer may make an Order
containing particulars of nonconformity and requiring remedial repairs or
other work to be carried out forthwith to terminate the danger.
4.11.2
After making an Order under Subsection (4.11.1), the Officer may either,
before or after the Order is served, take or cause to be taken any
measures he 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.
4.11.3
Where the Order was not served before measures were taken by the
Officer to terminate the danger, as mentioned in subsection (4.11.2), the
officer shall forthwith after the measures have been taken serve or send
copies of the Order and each copy of the Order shall have attached
thereto a statement by the Officer describing the measures taken by the
municipality and providing details of the amount expended in taking the
measures.
4.11.4
Where the Order was served before the measures were taken, the
Officer shall forthwith after the measures have been taken serve or send
a copy of the statement mentioned in Subsection (4.11.3) to the owner
of the property and all persons having interest in the property as
determined by the Officer.
4.11.5
Forthwith after the requirements of Subsection (4.11.3) or (4.11.4) have
been complied with the Officer shall apply to a Judge of the Superior
Court of Justice in which the property is situated for an Order confirming
the Order made under Subsection (4.11.1).
4.11.6
Where the municipality demolishes or repairs property or takes
measures to terminate a danger as mentioned in Subsection (4.11.2) the
municipality shall have a lien on the land.
4.12 Service Fees
4.12.1
In the event that an Order is issued to a property owner due to non-
compliance of the Property Standards Bylaw, inspection fees in
accordance with the Fees and Charges Bylaw shall be charged.
Included in the inspection fees are all inspections that have taken place
prior to and after an Order has been issued for each complaint.
Page 24 of 25
4.12.2
The owner shall pay the fee levied under Subsection (4.12.1).
4.12.3
The levy of these fees is in addition to any other means of enforcement
deemed necessary by the Municipality.
5.0
EFFECT AND REPEAL
(a) This bylaw shall come into force and effect on the date of passing.
(b) Bylaw 2005.65 is hereby repealed.
BYLAW READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 11TH
DAY OF MARCH 2019.
BASIL CLARKE, MAYOR
)
NIFER CONNOR, CLERK
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