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THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF RYERSON
BY-LAW # 26 - 24
PROPERTY STANDARDS BY-LAW
BEING A BY-LAW TO PRESCRIBE STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF BUILDINGS AND PROPERTY.
WHEREAS Section 15.1 (3) of the Building Code Act, 1992 S.O. 1992, c. 23, provides that
the Council of a Municipality may pass a By-law to do the following things:
A. Prescribing standards for the maintenance and occupancy of the property within
any defined areas and for prohibiting the occupancy or use of such property that
does not conform with the standards;
B. Requiring property that does not conform with the standards to be repaired and
maintained to conform with the standards or for the site to be cleared of all
buildings, structures, debris or refuse and left in graded and neat condition;
NOW THEREFORE the Council of the Corporation of the Township of Ryerson enacts as
follows:
1.
GENERAL
1.1.
Short Title
This By-law may be cited as the "Property Standards By-law".
1.2.
Defined Area
The standards for maintenance and occupancy of any property prescribed in this By-
law apply to all properties in the Township of Ryerson.
1.3.
Scope
No property shall be used and no building or structure or part thereof, shall be erected,
altered, enlarged, maintained, used, or occupied for any purpose within the Township
of Ryerson, except in conformity with the provisions of this By-law.
1.4.
Validity
If any provision of this By-law is declared invalid for any reason, the remaining
provisions shall remain in effect.
1.5.
Effective Date
This By-law shall come into full force and effect as of the date of passing.
2.
DEFINITIONS
2.1.
"Accessory Buildings" A separate building or structure, which is incidental,
subordinate, exclusively devoted to and located on the same principal lot as the
principal use, building or structure but not including a building or structure which is
used as the principal use, building or structure but not including a building or structure
which is used as a dwelling unless specifically permitted.
2.2.
"Agricultural Use" Any agricultural use or uses, structures or buildings accessory
thereto, including field crops, animal husbandry, tree nurseries and any other use
customarily carried on in the field of general agricultural and which are not obnoxious,
including the sale on the premises of producing grown or raised on the premises.
2.3.
"Basement" One or more storey(s) of a building located below the first storey.
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2.4.
"Bathroom" A room containing at least one toilet, one hand basin or lavatory and one
bathtub or shower.
2.5.
"Building" Any structure having a roof, supported by columns or walls, and used for
the shelter or accommodation of persons, animals, goods, or materials, whether
occupied continuously or periodically and without limiting the generality of the
foregoing, includes a deck, dock, or boat house.
2.6.
"Committee" The Property Standards Committee as established in accordance with
section 15 of the Building Code Act, 1992, S.O. 1992, c. 23.
2.7.
"Derelict Vehicle" A motor vehicle that is inoperable for any reason, including age,
appearance, condition, or lack of current licence plate and/or sticker.
2.8.
"Dwelling" Any building, or part thereof, occupied, or capable of being occupied, for
the purposes of permanent or periodic human habitation, and usually containing
cooking, eating, living, sleeping and sanitary facilities, and have a private entrance
from outside the building, or from a common highway or stairway inside the building,
but does not include a tent, trailer, or room, or suite of rooms, in a hotel, motel or bed
and breakfast.
2.9.
"Dwelling Unit" A room or group of rooms in a building used, or capable of being
used, for periodic or permanent human habitation, and usually containing cooking,
eating, living, sleeping and sanitary facilities, and have a sperate entrance from outside
the building, or from a common hallway or stairway inside the building, but does not
include a tent, trailer, or room, or suite of rooms, in a hotel, motel or bed and breakfast
business.
2.10.
"Foundation" A structure of a building through which the loads from the building are
transferred to supporting soil or rock such as a footing, pile, or pier.
2.11.
"Garbage" Animal or vegetable waste related to waste products resulting from
handling, preparation, cooking, and consumption of food and drinks, as well as other
solid waste material and goods resulting from residential, commercial, institutional
and industrial operations.
2.12.
"Habitable Room" Any room in a dwelling or a dwelling used or intended to be used
for living, eating, sleeping, or cooking purposes.
2.13.
"Hazardous Waste" Any waste defined as a hazardous waste by the Ontario
Regulation 347, R.R.O 1990 enacted under the Environmental Protection Act, R.S.O
1990, c E. 19, as amended.
2.14.
"Maintain" The preservation and keeping in good repair. Maintenance and
maintained shall have the same meaning.
2.15.
"Means of Egress" A continuous unobstructed path of travel provided by a doorway,
hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or exit facility used
for the escape of persons from any point within a building, a floor area, a room or a
contained open space to a public thoroughfare or safe area if refuge usually located
outside the building.
2.16.
"Multiple Dwelling" A dwelling containing two or more dwelling units.
2.17.
"Non-habitable Room" Any room in a dwelling unit other than a habitable room and
includes a bathroom, water closet room, laundry room, corridor, stairway, closet,
unfinished basement, boiler room, or space for service and maintenance of the
dwelling.
2.18.
"Non-Residential Property" A building or structure which is not occupied, or
capable of being occupied, in whole or in part, for the purpose of human habitation,
including the lands and premises appurtenant thereto, as well as all accessory
buildings, out-buildings, fences, structures or erection on or in such property.
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2.19.
"Occupancy" The use, or intended use, of a building for shelter or enclosure of
persons, animals, or property.
2.20.
"Occupant" Any person or persons over the age of eighteen years in ownership or
possession of the property.
2.21.
"Owner" Includes the person for the time being managing or receiving the rent of or
paying the municipal taxes on the land or premises in connection with which the word
is used whether on his own account or as agent or trustee of any person or who would
so receive the rent if such land and premises were let. The term shall also include a
lessee or occupant of the property who, under the terms of a lease, is required to repair
or maintain the property in accordance with the standards for the maintenance and
occupancy of property.
2.22.
"Person" Any human being, associated, firm, partnership, incorporated company,
corporation, agent, trustee, and the heirs, executors, or other legal representatives.
2.23.
"Property" A building or structure, or part thereof, including the lands and premises
appurtenant thereto and all yards, steps, walkways, driveways, parking spaces,
accessory buildings, mobile homes, mobile structures, trailers, out-buildings, fences,
and erections, and includes vacant land.
2.24.
"Property Standards Officer or By-law Enforcement Officer" An individual who
has been appointed by the Municipality and has been assigned the responsibility of
administering and enforcing this by-law pursuant to subsection 3(2) and section 15 of
the Building Code Act, 1992, S.O 1992, c. 23, as amended.
2.25.
"Repair" Taking such steps as may be required to ensure that a property conforms to
the prescribed standards of the By-law.
2.26.
"Sewage" Any liquid waste containing animal, vegetable or mineral matter in
suspension or solution, but does not include roof drainage or storm water.
2.27.
"Sewage System" Properly maintained and functioning private sewage system.
2.28.
"Standards" The standards of physical conditions of occupancy prescribed for
property in this by-law.
2.29.
"Storey" That portion of a building, other than the attic or basement, included
between the surface of any floor, and the surface of the floor, roof deck, or deck ridge,
next above it.
2.30.
"Structurally Sound" Construction capable of withstanding the forces placed upon
the building under normal use.
2.31.
"Structure" Anything constructed or erected, the use of which requires location on or
in the ground or attached to something located on or in the ground.
2.32.
"Waste or Waste Material" Any articles or thing that have been cast aside,
discarded, abandoned, or is deemed to be worthless, useless, or of no practical value,
or is deemed to be used up in whole or in part or expected or worn out and shall
include but is not limited to:
(a) accumulations or deposits of little, 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, fabric, or carpets;
(f) furniture
(g) pipping, tubing conduits, cable and fittings or other accessories, or adjuncts to
the piping, tubing, conduits, or cables;
(h) containers or pallets of any size, type, or composition;
(i) material resulting from, or as part of, construction of projects;
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(j) rubble, inert fill except for loose soil, sand, or gravel.
2.33.
"Yard" The land around the appurtenant to the whole or any part of a building or
structure and used or intended to be used in connection with the building or structure,
other than publicly owned land.
3.
PROPERTY MAINTENANCE AND OCCUPANCY STANDARDS
3.1
General
3.1.1. Every property shall be kept clean and free from:
(a) Garbage, waste, rubbish, debris or other objects or conditions that create, or
may create a health, fire, or accident hazard;
(b) Derelict vehicles, wrecked, dismantled, discarded, or abandoned machinery,
and trailers or boats, unless it is necessary for the operation of businesses
lawfully situated on the property;
(c) Dilapidated, collapsed, or partially constructed structures which are not
currently under construction pursuant to a valid building permit;
(d) Dilapidated growth of grass, brush, noxious weeds and dead, decayed, or
damaged trees or other natural growth;
(e) Harmful insects, rodents, or other pests.
3.1.2. No vehicle including a trailer, or any part of such vehicle or trailer, which is in
a wrecked, discarded, dismantled, inoperative or abandoned condition shall be
parked, stored, or left outdoors on any property in the Township of Ryerson
with the following exceptions:
(a) Where a vehicle or trailer is being repaired by the owner for his or her own
use;
(b) Where a vehicle or trailer is operable and designated for off road use only by
the manufacturer or MTO, this includes any farm equipment used for
agricultural purposes;
(c) Where a vehicle or trailer is normally licenced for only part of the year.
3.1.3. Surface conditions of yards should be maintained so as to:
(a) Prevent pooling or ponding of storm or surface water;
(b) Prevent instability of erosion of soil;
(c) Prevent storm or surface water run-off from entering basements;
(d) Be kept free or deep ruts, holes, excavating;
(e) Provide for safe passage under normal use and weather conditions, day, or
night; and
(f) Not create a nuisance to other property.
3.1.4. All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone and gravel, and shall be kept in good
repair.
3.1.5. Steps, walkways, driveways, parking spaces and other similar area shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night.
3.1.6. A building shall be kept reasonably free of rodents, vermin, and insects at all
times and methods used for exterminating rodents or insects or both shall be in
accordance with the provisions of the current Provincial Pesticides Act and all
regulations passed pursuant thereto. Any continuous openings in a dwelling
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shall be screened with wire mesh or other such materials in order to exclude
vermin, insects, and rodents.
3.1.7. All wells shall be capped with a structurally secure material and such caps
shall be maintained in good repair in accordance with applicable standards.
3.2.
Water
3.2.1. Every dwelling shall be provided with an adequate supply of potable water
adequate for normal household use from a source that can be approved by the
Medical Officer of Health and/or Ministry of Environment and Energy.
3.2.2. If for good and valid reasons, a non-potable source of water supply exists, it
must be signed accordingly and be specifically labeled as unsafe for
consumption.
3.2.3. All plumbing, including drains, water supply pipes, water closets, and other
plumbing fixtures shall be maintained in good working conditions free of leaks
and defects and water pipes and appurtenances thereto shall be protected from
freezing.
3.3.
Temperature Standards
Every dwelling shall be provided with a heating system capable of maintaining a
habitable room temperature of 21 degrees Celsius.
3.4.
Heating System
Heating systems shall be maintained in good repair, in accordance with applicable
standards, to be capable of heating the building safely.
3.5.
Electrical Service
Where a building is supplied with electrical services, existing wiring and electrical
equipment shall be in good, serviceable, and safe conditions, as required by applicable
electrical codes.
3.6.
Light
Every habitable room, except for the kitchen and bathroom, shall have a window or
windows, skylights or translucent panels that face directly to the outside. The glass
area of a sash door may be considered as a portion of the required window area.
3.7.
Ventilation
3.7.1. Every habitable room shall have an opening or openings for natural ventilations
located in the exterior walls or through openable parts of skylights. However, an
opening for natural ventilation may be omitted if ventilation is provided.
3.7.2. Bathroom Ventilation
Every bathroom shall be provided with an opening or openings for natural
ventilation located in an exterior wall or through an openable part of a skylight.
However, an opening for natural ventilation can be omitted where a system of
mechanical ventilation has been provided.
3.7.3. Ventilation of Attic, Crawlspace Etc.:
Every attic and unheated crawlspace shall be adequately vented to the outside
air.
3.8.
Kitchen
3.8.1. Every dwelling shall contain a kitchen area equipped with a sink, serviced with
potable water and an approved drainage system, and include storage facilities,
a countertop work area, and space for a stove and refrigerator.
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3.8.2. Cooking Capabilities
Every kitchen shall have an adequate and approved gas, electrical, or other fuel
supply for cooking purposes.
3.9.
Egress
Every dwelling shall have a direct means of egress to provide a safe continuous and
unobstructed exit from the interior of the building to the street or grade level.
3.10.
Fire Escapes, Alarms and Detectors
3.10.1. A listed fire alarm and a fire detection system approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, shall be
provided by the owners of buildings of residential occupancies where
sleeping accommodations are provided for more than ten (10) persons, except
that such systems need not be provided where a public corridor or exit serves
not more than four (4) dwelling units of individual leased sleeping rooms.
3.10.2. In addition to the provisions of Section 3.10.1 hereof, in every dwelling unit
in a building a listed smoke alarm approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, or detectors of the
single station alarm type, audible within bedrooms when intervening doors
are closed, shall be installed by the occupant between bedrooms or the
sleeping area and the remainder of the dwelling unit, such as in a hallway or
corridor serving such bedrooms or sleeping area. The products of combustion
detector referred shall be:
(a) Equipped with visual or audio indication that they are in operating
condition and
(b) Mounted on the ceiling to wall between 150 and 300mm (6 to 12
inches) below the ceiling.
3.10.3. Buildings using a fire escape as a secondary mean of egress shall have the
escape in good condition, free from obstructions and easily reached through
an openable window or door.
3.11.
Damaged By Fire or Other Causes
a. Every owner or occupant of a building, accessory structure or structure that is
damaged by a fire, storm or other causes shall:
i. Take immediate steps to prevent or remove any condition that may endanger
persons on or near the property;
ii. Properly support and/or barricade the building or structure until necessary
repairs or a demolition can be carried out;
iii. Repair the building or structure as soon as is practicable;
iv. Remove any smoke damaged or other defacement from the exterior walls of
the building or structure and;
v. If necessary, demolish the building as is practicable with a valid demolition
permit.
4.
DRAINAGE AND SEWAGE
4.1.
Sewage or organic waste shall be discharged into a sewage system where such system
exists. Where a sewage system does not exist, sewage or organic waste shall be
disposed of in accordance with the polices of the Environmental Protection Act.
4.2.
Strom water shall be drained from the property to prevent excessive ponding, the
entrance of water into a building or in such manner so as to not affect adjacent
properties.
4.3.
Exterior property areas shall be graded and maintained to prevent ponding of water
creating an unsafe condition. Catch basins and swales shall be installed and
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maintained where necessary to facilitate drainage and so as not to impede natural flow
of water.
4.4.
Where eaves-trough are provided, every eaves-trough, roof gutter and down spout
shall be maintained and in good repair. Repairs include the repairing, replacing, or
restoring of defective or missing parts or components. Where down spouts are not
connected to a sewer, provisions shall be made to direct water drainage away from
foundations to prevent soil erosion.
5.
STRUCTURAL STANDARDS
5.1.
Standards
5.1.1. Basements:
Every basement and crawlspace in a dwelling shall be adequately drained and
ventilated to the outside air.
5.1.2. Foundations:
The foundation walls shall be maintained in good repair and structurally sound.
5.1.3. Cleanliness:
Where a public corridor or exit serves more than one dwelling unit, it shall be
kept free of rubbish, debris, or conditions which constitute a fire, accident, or
health hazard.
5.1.4. Occupancy Standards:
No person shall use or permit the use of a non-habitable room in a building for
a habitable purpose.
5.2.
Structural Capabilities
5.2.1. Every building and every structural member of building shall be maintained in
a structurally sound condition to be capable of sustaining safely its own weight
and any additional weight that may be out on it through normal use. Material
which has been damaged or shows evidence of rot, or other deterioration shall
be repaired or replaced.
5.2.2. Every exterior wall, roof, porch, chimney, or exterior portion of a building or
structure shall be maintained in a manner to prevent a collapse and to provide
adequate protection against weather, and to prevent conditions which do, or
may, pose a risk of injury to the occupants of the dwelling or to the public in
general.
5.2.3. Every stair, porch, balcony, or landing shall be maintained in good repair and
be free of any defects which constitutes possible accident hazards.
5.2.4. Windows, roofs, exterior doors, and basement hatchways shall be maintained
in good repair to prevent the entrance of outside weather elements into the
building.
5.2.5. The exterior walls and their components shall be maintained to prevent their
deterioration due to weather and shall be maintained by painting, restoring, or
repairing the walls.
5.2.6. A guard shall be installed and maintained in good repair on the open side of
any stairway or ramp containing three (3) or more risers including the landing
or a height of 600 mm (24 inches) between adjacent levels. A handrail shall be
installed and maintained in good repair for all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches, and
balconies. Guardrails, balustrades, and handrails shall be constructed and
maintained in a rigid nature, as defined in The Ontario Building Code.
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5.2.7. Accessory buildings, fences, and other structures appurtenant to the property
shall be maintained in a structurally sounds condition, in good repair, and free
from fire, health and safety concerns.
6.
RENTAL PROPERTIES
6.1. All rental properties shall be maintained according to the requirements set forth
in the Tenant Protection Act and amendments thereto and in accordance with the
provisions of this By-law.
7.
VACANT LANDS AND BUILDINGS
7.1.
Vacated lands and buildings shall be maintained to the standards described in the By-
law.
8.
ADMINISTRATIVE AND ENFORCEMENT
8.1.
Property Standards Committee
A Property Standards Committee shall be established to receive complaints made
under this By-law and to forward valid complaints to the appropriate official of the
Township of Ryerson. The Committee shall be comprised of all members of Council.
The Chief Building Official and By-law Enforcement Officer shall be considered ex-
officio members of the Committee.
8.1.1. All complaints must be submitting in writing, signed by the complainant, and
submitted to the Secretary of the Property Standards Committee.
8.1.2. The Secretary shall, within a predetermined period of time, call a meeting of
the Property Standards Committee.
8.2.
Non-Compliance
The owner of the property does not conform to the standards set out in this By-law
they shall repair and/or maintain said property to comply with the standards or the
property shall be cleared of the non-conforming buildings, structure, debris or refuse
and leave it in a neat and graded condition.
8.3.
Notice of Violation
The notice shall be sent to the last known address of the owner and shall state the
following:
8.3.1. That the property does not comply with the standards prescribed by this By-
law and shall specify the standards with which the property does not comply.
8.3.2. That after a certain date specified in the notice of non-compliance by the
Officer, the property will be subject to a reinspection at which time the Officer
may issue an order.
8.3.3. That the Office may be contacted for the purpose of requesting information and
advice or reporting what action is being or will be taken to effect compliance
with this By-law.
8.4.
Appeal of Notice
The following process shall be followed on all appeals:
8.4.1. When an owner or occupant upon whom an order has been served in
accordance with the Building Code Act, 1992, S.O. 1992, c. 23., is not satisfied
with the terms or conditions of the Order, he may appeal, by registered mail, to
the Secretary of the Property Standards Committee within fourteen (14) days
after service of the Order and, in the event that no appeal is taken, the order
shall be deemed to have been confirmed.
8.4.2. The Secretary of the Property Standards Committee, in receipt of the notice of
appeal shall:
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(1) Determine the date, place, and time of the hearing of appeal, which shall take
place not less then seven (7) days and not more than thirty (30) days from the
date of receipt of the aforesaid notice, and;
(2) Give notice in writing of the date, place and time of the hearing referred to in
paragraph 8.4.3, to both the appellant and the Office who issued the order.
8.4.3. The Secretary of the Property Standards Committee shall hold the hearing at
the date, place and time set out in the notice.
8.4.4. The Property Standards Committee may
(1) Confirm the order;
(2) Modify or quash the order, or;
(3) Extend the time for complying with the order provided that the general intent
and purpose of this By-law is maintained.
8.4.5. The Property Standards Committee shall give its decision in writing.
9.
ENFORCEMENT
This By-law shall be enforced on a complaint basis and pursuant to the provisions of
Section 15 of the Ontario Building Code Act, as amended.
10.
PENALTIES
Any person who fails to comply with an order issued pursuant to this By-law is guilty
of an offence and, upon conviction, is subject to a penalty provided by the Building
Code Act and/or the Provincial Offences Act.
11.
POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH
Where an owner or occupant of the property fails to take such steps as may be
necessary to bring a property into compliance with this By-law, the Municipality, or
person acting on its behalf, shall:
(a) Have the right to enter upon the property to affect such repairs, clean-up,
demolition or other remedial steps as may be required to bring the property
into compliance with the standards herein and neither the Municipality, not
anyone acting on its behalf shall be liable to compensate the owner, occupant
or any other person by reason of anything done by or on behalf of the
Municipality in the reasonable exercise of these powers; and
(b) Shall have a lien on the property for the amount spent by, or on behalf of the
Municipality in accordance with this By-law, together an administrative fee
of 10% of the amount spent, and the total shall have priority lien status as
described in Section 1 of the Municipal Act, 2011, S.O. 2001, c. 25.
12.
CERTIFICATE OF COMPLIANCE
12.1.
Issuance
Following the inspection of a property, the Officer may, or on the request of an owner,
shall, issue to the owner a certificate of compliance if, in his opinion, the property is in
compliance with the standards of this By-law.
12.2.
Fees
Where a certificate of compliance referred to in Section 15 of the Ontario Building
Code Act is issued at the request of the owner, the owner shall be required to pay the
fee to the Municipal Corporation of the Township of Ryerson.
13.
OTHER REMEDIES PROTECTED
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The imposition of a penalty under this By-law shall not be a bar to further prosecution
under this By-law and shall not preclude any other proceeding or remedy against a
person or a building which does not conform to the standards of this by-law.
14.
OTHER BY-LAWS
If a provision of this By-law conflicts with a provision of another By-law of the
Corporation, the provisions which established the higher standard to protect the health,
safety, and welfare of the occupants and of the general public shall prevail.
15.
ENACTMENT
That this By-law shall come into force and take effect upon its passing.
Read a first, second and third time,
Signed and the seal of the
Corporation affixed thereto and
finally passed in open Council this
30th day of April, 2024
Original Signed by George Sterling
Mayor
Original Signed by Nancy Field
Clerk