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BY.LAW NUMBER 81 OF 2015
OF THE CITY OF SARNIA
"A By-Law to Prescribe Standards for the Maintenance and
Occupancy of Property in the City of Sarnia"
(Re: Property Standards By-Law )
WHEREAS the Official Plan for the City of Sarnia includes policies
relating to the establishment of minimum standards for the
maintenance and occupancy of property and associated buildings
AND WHEREAS under Section 15.1(3) of the Building Code Act, S.O.
L992, a By-law may be passed by the Council of a municipality
prescribíng the standards for the maintenance and occupancy of
property within the municipality provided the official plan for the
municipality includes provisions relating to property conditions;
AND WHEREAS Section 11 of the Municipal Act, 2001 provides that a
municipality may regulate matters for purposes related to the health,
safety and well-being of the inhabitants of the municipality;
AND WHEREAS Section 391 of the Municipal Act, 2001 provides that
a municipality may impose fees or charges on any class of persons for
services or activities provided or done by or on behalf of it, and which
by-law may provide for interest charges and other penalties, including
the payment of collection costs, for fees and charges that are due and
unpaid,
THEREFORE the Council of The Corporation of the City of Sarnia
enacts as follows:
DEFINITIONS A]{D INTERPRETATIOI{
2(1) In this By-law:
"accessibility ramp" an inclined plane installed in addition to or
instead of stairs to permit wheelchair users, as well as people
push¡ng strollers, carts, or other wheeled objects, to access a
building.
"basement" means that portion of a building from a floor to the
underside of a floor or ceiling above, that is located partially or
entirely below the adjacent exterior ground level, and includes a
cellar or crawlspace;
"building" means any structure used or intended to be used for
supporting or sheltering any use or occupancy, and includes
mobile structures and buildings;
"Building Code" means the Building Code Act, 1992 and any
regulations made under that Act;
"Chief Building Official" - means the Chief Building Official
appointed under Section 3 of the Building Code Act, 1992, and
having jurisdiction for the enforcement thereof;
"City" means The Corporation of the City of Sarnia or the
geographic area of the City of Sarnia as the context requires;
"Committee" means the Property Standards Committee
established under this By-law;
"dwelling" means a building or part thereof used or intended,
to be used, as a home, residence or sleeping place for one or
more persons having a right to the exclusive use thereof;
"dwelling unit" means a room or a suite of rooms operated
under a single tenancy, used or intended to be used by one or
more persons for the purposes of human habitation, but does
not apply to rooms in a lodging house, long-term care facility,
hospital, hotel or residential care facility;
"guard" means a protective barrier around openings in floors or
at the open sides of stairs, landings, balconies I mezzanines,
galleries, raised walkways or other locations, to prevent
accidental falls from one level to another;
"habitable room" means a room or area in a dwelling or
dwelling unit used or intended to be used for living, sleeping,
cooking or eating purposes and includes a washroom.
"heritage attribute" means an attribute of the property,
building or structure that contributes to its cultural heritage
value or interest and that is defined or described:
(¡)
in a by-law designating a property passed under
section 29, Part IV of the Ontario Heritage Act;
(¡¡)
in a Minister's order made under section 34.5, Part
IV of the Ontario Heritage Act;
(¡¡¡) in a by-law passed under section 41, Part V of the
Ontario Heritage Act;
"Multiple Dwelling"- means a dwelling consisting of four or
more dwelling units;
"occupant" means any person or persons over the age of 18
years in possession of a property;
"occupancy" means the use or intended use of a building or
part thereof for the shelter or support of persons, animals or
property;
"officer" means a person appointed by the City to enforce this
By-law and includes the Chief Building Official or his or her
designate;
"owner" includes:
(i)
an owner in fee simple;
(i¡) the person for the time being, managing or receiving
the rent of the property 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 property were let;
(¡ii) 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;
"Part IV heritage prope¡ty" means property which has been
designated by the City or any of its former municipalities under
section 29 of the Ontario Heritage Act, or which has been
designated by the Minister under section 34.5 of the Ontario
Heritage Act;
"Part V heritage property" means property located within a
heritage conservation district, which has been designated by the
City or any of its former municipalities under section 41 of the
Ontario Heritage Act;
"property" means a building or structure, or part of a building
or structure, and includes the lands and premises appurtenant
thereto and all outbuildings, accessory structures, and erections
thereon, and also includes vacant land;
"propetty standards order" means an order made under
subsection 29(1) of this Bylaw;
"protective device" means any mechanical device designed for
the purpose of inhibiting movement by latching or automatic
engagement or in any other reasonable manner;
"repair" includes the provision of such facilities, the making of
additions or alterations or the taking of any other action that
may be required to ensure that a propefty conforms with the
standards established in this By-law;
"retaining wall" means a wall that holds back soil or loose
material to prevent it from assuming a natural slope at locations
where a change in ground elevation of over lm (3'-4") occurs;
"sanitary sewage" means liquid or water borne waste:
(¡) of industrial or commercial origin; or
(¡¡) of domestic origin, including human body waste, toilet or
other bathroom waste, and shower, tub, culinary, sink and
laundry waste;
"sewage system" means:
(¡) the City's system of storm sewers, sanitary sewers and
combined sewers; or
(i¡) a private sewage disposal system approved by the City's
Chief Building Official or other responsible authority;
"storm water" means water that is discharged from a surface
as a result of rainfall, snowmelt, snowfall or other precipitation;
"Utility Distribution Supplier" means a company, including a
municipality or a local board of a municipality, incorporated for
the purpose of supplying, water, electricity, aftificial or natural
gas.
"visual barrier" means a barrier that acts as a screen
consisting of:
(¡) a wall or fence;
(i¡) a continuous planting of suitable and healthy trees or
shrubs;
(¡¡¡) an earth berm; or
(¡v) any combination of the above.
2(2) All measurements in this By-law are given in the metric short
form with imperial in (brackets).
GENERAL DUTY TO REPAIR
3(1) The owner of a property that does not conform to the standards
of this by-law shall repair and maintain the property to conform with
the standards of the by-law or with the exception of designated
Heritage Properties shall clear the property of all buildings, and refuse
and shall leave the property in a graded and levelled condition.
3(2) Any repairs undertaken to comply with this by-law shall be
carried out with suitable and sufficient materials in a manner and time
frame acceptable to the Officer.
3(3) This by-law applies to all property within the Municipality.
GENERAL STANDARDS FOR
ALL DESIGNATED HERITAGE PROPERTIES
4(1) In addition to the standards, obligations and requirements that
apply to all property under sections 5 through 27 of this by-law, all
heritage attributes of Part IV heritage properties, including both
interior and exterior heritage attributes, and all heritage attributes of
Part V heritage properties shall be:
(a) maintained so as to prevent deterioration; and
(b) repaired of any damage.
4(2) Subject to any applicable provisions of the Ontario Heritage Act:
(a) where subsection 4(1) can be complied with by means of
repair, despite any other provision to the contrary, the heritage
attribute shall not be replaced and the repair shall be undertaken
in a manner that minimizes damage to the heritage attribute;
(b) where subsection 4(1) cannot be complied with by means of
repair, despite any other provision to the contrary, the heritage
attribute shall be replaced with material of the same type as the
original material and in keeping with the design, colour, texture
and any other distinctive feature as the original material as
approved by the City's Heritage Committee.
(c) No orders issued under 28(2) of this by-law in respect of a
Part IV heritage property or a Part V heritage property shall
state that any building or structure is to be altered or cleared,
including but not limited to removed, demolished or relocated;
4(3) In addition to the standards, obligations and requirements that
appfy to all property under sections 5 through 27 of this by-law, any
roof, wall, floor, retaining wall or foundation, that supports or protects
a heritage attribufe and without which the heritage attribute may be at
risk of deteriorating or being damaged shall be structurally sound and
maintained so as to properly perform its intended function.
4(4) Paragraph 4(3) shall be complied with in a manner that
minimizes damage to the heritage attribute.
GENERAL STANDARDS FOR ALL PROPERTIES
5(1) Except as may otherwise be specified in the sections, the
standards, obligations and requirements in sections 6 through 27 both
inclusive apply to all property.
5(2) Every building shall be kept free of any condition which
constitutes a health or safety hazard.
5(3) This By-law does not apply to matters which, in the opinion of
the Chief Building Official, are frivolous, vexatious, or minor in nature.
VACANT AND/OR DAMAGED BUILDINGS
6(1) In addition to complying with all other applicable provisions of
this By-faw, the owner of a building that is vacant or is damaged by
accident, storm, fire, neglecf, shall comply with this section.
6(2) Where any building is vacant or is damaged, the owner shall
protect such building and adjoining properties against damage arising
from the entry of unauthorized persons by closing and securing
openings to the building.
6(3) For the purposes of subsection 6(2), doors, windows, hatches
and other openings through which entry may be obtained are required
to be maintained so as to properly perform their intended function and
prevent entry of unauthorized persons, or entry shall be prevented by
closing and securing an opening with:
(a) wood sheathing of at least L2.7mm ('h") plywood which is
weather resistant, completely covers the opening, and is
securely fastened to the building using screws at least
38mm (I Vz") in length with washers, installed at intervals
of no greater than 150mm (6") on centre along the edges.
6(4) Where a building remains vacant for a period of more than 90
days, the owner shall ensure that all utilities serving the building,
which are not required for safety or security are properly disconnected
or otherwise secured, to prevent accidental or malicious damage to the
building or adjoining property.
vAcANT AND/OR DAMAGED
DESIGNATED HERITAGE PROPERTIES
7(L) Despite subsection 6(4), where a building on a Part IV heritage
property or a Part V heritage property remains vacant for a period of
more than 90 days, the ou¡ner shall ensure that appropriate utilities
serving the building are connected as required to provide, maintain
and monitor proper heating and ventilation to prevent damage caused
to the building by fluctuating temperatures and humidity.
7(2) Despite subsections 6(3) and 6(4), where a building on a Part IV
heritage property or a Part V heritage property is vacant or damaged
by accident, storm, fire, neglect or otherwise, the owner shall protect
the building against the risks described in subsection 6(2) and shall
effectively prevent the entrance of all unauthorized person by closing
and securing openings to the building with boarding:
a) wood sheathing of at least L2.7mm (Vr") plywood which is
weather resistant, and is securely fastened to the building
using screws at least 38mm (1 Vz") in length and washers,
installed at intervals of no greater than 150mm (6") on centre
b) which completely covers the opening and is properly fitted in
a watertight manner within the side jambs, the head jamb
and the exterior bottom sill of the door or window opening so
the exterior trim and cladding remains uncovered and
undamaged by the boarding;
c) on the window openings, which is painted a matte black to
resemble window glass;
d) on door openings, which is painted a colour that matches the
colour of the original door; and
e) on an opening other than a window or door opening, which is
painted or otherwise treated so that the colour matches the
colour of the surrounding exterior of the building;
7(3) No window, door or other opening shall be closed or secured in
accordance wlth subsection 7(2) with brick, concrete blocking or any
other masonry units and mortar.
EXTERIOR OF BUILDINGS & STRUCTURES
All Exteriors
8(1) All exterior surfaces of a building or structure, shall be of
materials which resist deterioration by the weather or have resistant
coatings applied to them.
8(2) An exterior wall, chimney, roof or other pafts of a building, shall
be free from loose or insufficiently secured, rotten, warped or broken
materials and objects and such material and objects shall be removed,
repaired or replaced.
Exterior of a Building
8(3) The exterior of a building shall be maintained to prevent the
entry of vermin and wildlife.
Exterior Wall
8(4) An exterior wall and its components and attachments shall be:
a) maintained to prevent their deterioration by painting,
restoring or repairing the walls, coping or flashing or by
waterproofing the wall itself;
b) repaired of vandallsm or other damage including but not
limited to broken windows.
Roof
8(5) A roof and its components and attachments including the fascia
board, soffit, cornice and flashing shall be maintained to properly
perform their intended functions including but not limited to being in a
weather-tight condition able to prevent the leakage of water into the
building;
DOORS, WTNDOWS, ETC.
All Doors, Windows, Etc.
9(1) An exterior door, window, hatch or other opening and its frame
shall be:
a) maintained to properly perform their intended functions
including but not limited to being constructed to minimize
drafts and heat losses through the infiltration of outside cold
air into heated space; and
b) repaired or replaced if damaged including but not limited to
being rotted, missing weather-stripping, caulking or hardware
or having cracked or broken glass.
9(2) A lock on a door, window, hatch or other opening that is
designed to be unlocked with a key or combination shall be maintained
so as to properly perform its intended function and repaired or
replaced if damaged.
Doors
9(3) An exterior door or an entrance door to a dwelling, dwelling unit
or a Multiple Dwelling shall have hardware so as to be capable of being
locked from the outside and locked or otherwise secured from the
inside.
Windows
9(4) An opening window shall have hardware so as to be capable of
being locked or otherwise secured from the inside.
9(5) A window in a dwelling or a dwelling unit designed to be open
shall be fitted with screens so as to prevent the entrance of insects
and such screens shall be maintained so as to properly perform their
intended function.
9(6) Upon the written request of an occupant of a dwelling unit tn
which children under the age of 10 years are occupants, the owner of
the dwelling unit shall;
a)
provide and install a protective device on any window that:
a. has a moveable sash; and
b. is more than 1.8 m above the adjacent finished ground
level.
b)
The protective device under paragraph a) shall be installed
and secured in such a manner as to prevent opening of a
window to any amount greater than 100 mm. or
VENTILATION
1O(1) Natural or mechanical ventilation of a room or space in a
building shall be maintained so as to properly perform its intended
function.
1O(2) Vents shall be designed and maintained to prevent the entry of
rain, snow, vermin and wildlife.
srRUcTuRES, FOUNDATTONS AND BASEMENTS
Structures
11(1) Every part of a building shall be maintained in a structurally
sound condition so as to be capable of sustaining safely its own weight
and any additional weight that may be put on it through normal or
permitted use.
Foundations, Footings and Structural Slabs
11(2) Foundation walls, footings and structural slabs shall be
maintained so as to properly peform its intended function and shall be
sound, reasonably plumb, and adequate to carry the loads imposed on
them
lf (3) Foundation walls, footings and structural slabs shall be made of
concrete, masonry, or other acceptable for construction under the
provisions of the Building Code.
Basements
11(4) Basements shall be maintained in a watertight condition so as
to prevent the leakage of water into the building.
srArRwAYs, LANDTNGS, BALCONTES, PORCHES, ETC.
Means of Access or Egress
12(1) An exterior or interior stairway, landing, balcony, porch, ramp
or other means of access or egress shall be maintained so as to be
free of holes, cracks and other defects which may constitute a possible
safety hazard.
Treads and Risers
L2(2) A tread or riser of an exterior or interior stairway that shows
excessive wear or is broken, warped or loose and all supporting
structural members that are rotted or deteriorated shall be repaired or
replaced.
Guards, Handrails and Partial or Shoft Walls
12(3) All exterior stairways with more than 3 risers or an interior
stairways with more than 2 risers shall;
a) have at least one handrail sufficient to prevent an accidental
fall and such handrail shall be repaired or replaced ¡f
damaged.
b) where the difference in elevation between the stairs and the
ground or floor below exceeds 600 mm vertically the stairs
shall have guards on open sides sufficient to prevent an
accidental fall and such guards shall be repaired or replaced if
damaged.
t2(4) All landing, porch, balcony, mezzanine, gallery, or raised
walkway other than those used for industrial or maintenance purposes
only shall;
a) Where the difference in elevation between a landing, porch,
balcony, mezzanine, gallery, or raised walkway and the
ground or floor below exceeds 600 mm veftically shall have
guards installed on open sides sufficient to prevent an
accidental fall and such guards shall be maintained, repaired
or replaced if damaged.
Accessibility Ramps
12(5) All existing accessibility ramps shall;
a) be a minimum width of 860mm and no steeper than 1:10
with level landings at the top and bottom of the ramp;
b) have handrails on both sides to aid mobility on inclines longer
than 1.5m;
c) where the difference in elevation between the ramp, or
landing, and the ground or floor below exceeds 600 mm
vertically shall have guards installed on open sides sufficient
to prevent an accidental fall; and
d) A ramp or part thereof that shows excessive wear or is
broken, warped or loose and all supporting structural
members that are rotted or deteriorated shall be repaired or
replaced.
12(6) Replacement or installation of any new materials, fixtures or
elements associated with accessible ramps shall comply with section
3.8 of the Ontario Building Code.
INTERIOR STRUCTURAL COMPONENTS,
FLOORS, CETLTNGS AND WALLS
Structural Components
13(1) In every building all structural components including but not
limited to all joists, beams, studding, and roof rafters, shall be of
sound material and adequate for the load to which they are subjected.
Floors
13(2) A floor shall be smooth and 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.
13(3) A bathroom, kitchen, laundry or shower room shall have a floor
covering of water-resistant material.
Ceilings and Walls
13(4) A ceiling or wall shall be maintained in a condition free from
holes, open cracks, loose coverings or other substantial defects.
PLUMBING SYSTEMS
Plumbing Systems and Fixtures
14(1) The plumbing system and every plumbing fixture in a building
shall be maintained so as to properly perform its intended function and
free from leaks and defects.
L4(2) All piping used to supply or drain water and all appurtenances
thereto shall be protected from damage due to freezing.
14(3) All plumbing fixtures shall be properly vented and contain a
water seal trap to ensure sewer gases do not vent inside of a building.
L4(4) Sanitary sewage shall be discharged into an approved sewer
system.
Dwellings and Dwelling Units
f4(5) A building used as a dwelling or containing a dwelling unit shall
be provided:
a) hot water, at a temperature of not less than 43' C, to every
kitchen sink, bathtub, shower, and washbasin; and
b) cold water connected to every required plumbing fixture.
14(6) A dwelling or dwelling unit shall be provided with an approved
supply of potable water from at least one of the following sources:
a) the City water system;
b) a communal water system; or
c) a private source.
L4(7) A dwelling or dwelling unit shall contain the following working
plumbing fixtures:
a) a kitchen sink;
b) a toilet;
c) a hand wash basin; and
d) a bathtub or shower.
KITCHENS AND BATH OR SHOWER ROOMS
AND TOILET ROOMS
Kitchens
15(1) A kitchen shall contain:
a) a work surface which is impervious to grease and water; and
b) storage facilities for food, dishes and cooking utensils, of
sufficient strength that they will not collapse, or tip when
filled;
15(2) the floor of every kitchen shall be water-resistant and readily
cleaned.
Bath or Shower Rooms and Toilet Rooms
15(3) the floor of every room containing a bathtub, shower and/or
toilet shall be water-resistant and readily cleaned.
15(4) the walls around every bathtub and or shower shall be water-
resistant and readily cleaned.
15(5) every room containing a bathtub, shower and/or toilet shall:
a) be fully enclosed, having a door capable of being closed so as
to provide privacy for the occupant;
b) have a permanently installed working aftificial lighting fixture;
and
c) be provided with ventilation either mechanically or use of an
operable window.
15(6) a hand wash basin shall be located in the same room as a toilet
or in an adjoining room which contains a bathtub and/or shower and
forms part of the same bathroom.
Accessible Bath or Shower Rooms and Toilet Rooms
15(7) All existing accessible Bath or Shower and Toilet rooms shall:
a) have clear and unobstructed access to the bath or shower and
toilet room from public areas in the buildings;
b) be large enough to accommodate persons using a wheelchair;
c) have grab bars installed capable of supporting the full weight
of an adult at each plumbing fixture requiring such bars;
d) Have faucets and controls of the "single-lever action" handle
type.
15(8) Replacement or installation of any materials, fixtures or
elements associated with an accessible bath, shower or toilet room
shall comply with section 3.8 of the Ontario Building Code.
HEATING SYSTEMS
Heating Systems
16(1) A heating system shall be installed that is capable of supply¡rlg
sufficient heat to maintain a temperature of not less than 20-C
determined at any point in a habitable rooms.
16(2) A heating system shall be operated and maintained:
a) so as to properly perform its intended function; and
b) free from unsafe conditions.
16(3) No furnace or boiler shall be located in a hallway or other
means of access or egress.
16(4) Except in the event of an emergency, no occupied building shall
be equipped with portable heating equipment as the primary source of
heat.
Chimneys, Flues and Vent Pipes
16(5) A chimney, flue or vent pipe shall be maintained so as to
prevent gases from leaking into a building and maintenance shall
include cleaning obstructions, filling open joints and repairing
masonry.
16(6) Fuel burning appliances or equipment used in a building shall
be properly vented to the outside air by means of a Canadian
Standards Association approved or Building Code or Gas Utilization
Code compliant chimney, flue or vent pipe.
ELECTRICAL SERVICES
17(1) A bullding used as a dwelling or containing a dwelling unit shall
be provided with electrical services.
17(2) An electrical service shall comply with the Ontario Electrical
Safety Code as enforced by the Electrical Safety Authority.
SITE PLAN AGREEMENTS.
18(1) Where landscaping, parking areas, walkways, steps, hedges,
trees, fences, curbs, lighting or similar features on a property have
been required by the City as a condition of development,
redevelopment, zoning by-law, site plan or subdivision agreement'
such works shall be repaired and maintained so as to ensure
continuous compliance with the City requirements.
LIGHTING
19(1) A stairway, exterior exit and entrance doorway, bath or shower
room, toilet room, kitchen, corridor, basement, common area,
underground parking, laundry room and utility room in a building shall
have permanently installed working lighting that shall be maintained
so as to properly perform its intended function.
19(2) Outdoor lighting shall be placed and maintained, so as to not be
directed at a dwelling or dwelling unit on adjoining property.
SWIMMING POOLS
2O(1) All pools, hot tubs or landscaped water features and any
accessory or parts thereof, including covers shall be;
a) maintained, in good repair and working condition, and
b) kept free from accumulation of untreated, uncirculated water
or stagnant water, and
2O(2) No person shall backwash or drain a swimming pool in a
manner that adversely affects any adjacent land.
STORM WATER
21(1) Storm water including storm water discharged from a roof
shall:
a) be directed or limited so as to prevent erosion or other
damage to an adjoining property; and
b) not be permitted on a sidewalk, road allowance or stairway.
2t (2) Discharge from a sump pump or an air conditioner shall not be
permitted to discharge on adjoining property, a sidewalk, road
allowance or stairway.
21(3) An eaves trough or downspout shall be maintained:
a) watertight and free from leaks;
b) free from any obstructions; and
c) in a stable condition, securely fastened to the building or
structure it drains.
FENCES, BARRTERS
AND RETAINING WALLS
22(L) A fence, barrier (including a visual barrier), or retaining wall
shall be maintained in good repair and sufficiently sturdy so as not to
present a hazard through risk of toppling or collapse or through risk of
portions coming loose that could become a hazard.
22(2) Where fences or retaining walls have been painted or otherwise
treated, they shall be maintained so as to be free of peeling paint or
other coatings
22(3) All retaining walls, shall be constructed of durable material and
shall be maintained in a structurally sound condition. Such
maintenance includes:
a) repairing or replacing of all deteriorated, damaged,
misaligned or missing portions of the wall and any railings or
guards appurtenant thereto; and
b) installing subsoil drains where required to maintain the
stability of the wall.
22(4) the requirements of this section do not apply to properties
zoned and used for agricultural purposes.
WASTE DISPOSAL
23(1) A waste storage area, including a waste chute, shall be kept
clean and in a sanitary condition.
23(2) A waste chute in a multiple dwelling shall be maintained in
operation at all times.
ELEVATORS
24(L) An elevator shall be maintained in operation and in compliance
with the Technical Standards and Safety Act.
VITAL SERVICES
25(f) No Owner of a multiple dwelling or any Person or Persons
acting on behalf of such Owner shall disconnect or cause to be
disconnected any service or utility supplying heat, electricity, gâs,
refrigeration or water to a dwelling unit 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
25(2) An owner of a multiple dwelling shall be deemed non-compliant
to section 25(1) if the owner is obliged to pay the Utility Distribution
Supplier and fails to do so and, as a result of the non-payment, the
service is no longer provided.
25(3) Section 25(2), of this by-law does not apply to an owner with
respect to a dwelling unit where the tenant is under contract to obtain
and pay for the services from a Utility Distribution Supplier,
OCCUPANCY STANDARDS
26(1) No room or space within a building shall be used for a purpose
that is not compliant with the Building Code and applicable zoning by-
laws.
26(2) A living room, dining room, kitchen, and bedroom shall have a
minimum room height of not less than;
a) 1.95m (6'5") overthe required floor area and in any location
that would normally be used as a means of egress; and
b)2.1m (6'11") over at least 50o/o of the required floor area,
provided that any part of the floor having a clear height of
less than L.4 m shall not be considered in computing the
required floor area.
26(3) A bedroom for one person shall have a floor area of at least 6
m2 (65sqft) with no measurement being less than 1.8 m between
walls.
GRAFFITI
27(L) Written slogans and graffiti on the exterior of any building, wall,
fence or structure shall be prohibited, including painted or chalked
titles or messages.
EMERGENCY CONTACTS AND APARTMENT IDENTIFICATION
28(1) Every Owner of a multiple dwelling shall provide, install, and
maintain contact information in a common area in case of an
emergency on a 24 hour basis where an authorized person responsible
for the Property can be reached.
28(2) In multiple dwellings, each Dwelling Unit door connected to
interior common space, hallways, exits, etc. shall have the unit
number posted on or beside the door and be installed in a manner and
size that can be easily seen by visitors, service persons and
emergency response personnel.
PROPERW STANDARDS ORDER
29(1) If, after inspection, an officer is satisfied that in some respect
the property does not conform with the standards prescribed in this
By-law, he or she may issue an order and such order shall be served
on the owner of the property and may be served on such other
persons affected by it as the officer determines and a copy of the order
may be posted on the property.
29(2) The order referred to in subsection 29(1) shall:
a) state the municipal address or the legal description of the
property;
b) give reasonable particulars of the repairs to be made or state
that the property is to be cleared of all buildings, structures
or debris and left in a graded and levelled condition.
c) indicate the time for complying with the terms and conditions
of the order and give notice that, if the repair or clearance is
not carried out within that time, the municipality may carry
out the repair or clearance at the owner's expense;
d) indicate the final date for giving notice of appeal from the
order; and
e) be served or caused to be served:
¡. by personal service; or
¡¡. by prepaid registered mail sent to the last known address
of the person to whom notice is to be given or to that
person's agent for service.
29(3) For the purposes of paragraph 29(2Xe) ii., "last known
address" of the owner includes but is not limited to the address
provided to the City for the payment of property taxes for the property
or the address for service on the title document for the property.
APPEAL OF A PROPERW STANDARDS ORDER
3O(1) An owner or occupant who has been served with a property
standards order and who is not satisfied with the terms or conditions
of the order, may appeal to the Committee by sending a notice of
appeal, including grounds for the appeal and the applicable fee, by
registered mail or by personal service to the Secretary of the
Committee within 14 days after being served with the order.
3O(2) A property standards order that is not appealed within 14 days
after being served with the order is deemed to be confirmed.
3O(3) If an appeal is filed, the Committee shall hear the appeal and
shall have all the powers and functions of the officer who made the
property standards order and may;
a) confirm, modify or rescind the order to demolish or repair;
b) extend the time for complying with the order.
COMPLIANCE
General Prohibitions
3f (1) No owner or occupant of a property shall:
a) fail to comply with all standards prescribed in this By-law;
b) fail to comply with an order of an Officer;
c) remove an order posted by an Officer; or
d) occupy or allow occupancy of a building which fails to meet
occupancy standards
Offences and Fines
31(2) Any person who fails to comply with a property standards order
which is final and binding, any other order, a direction or a
requirement made under this By-law is guilty of an offence and upon
conviction shall be liable to a fine as set out in Sec 36 of the Building
Code Act.
Inspection of Propefty without Warrant
31(3) Pursuant to the Building Code Act, a Property Standards Officer
ffiây, upon producing proper identification, enter upon any property at
any reasonable time without a warrant for the purpose of inspecting a
property to determine,
(1) whether the property conforms with the standards
prescribed in this by-law; or
(2) whether an order made under Section 2.04 or Section 2.05
of this by-law has been complied with.
Power of City to Repair or Demolish & Remedial Action
31(4) If the owner or occupant of a property fails to comply property
standards order as deemed confirmed or as confirmed or modified by
the committee or a judge, the City may cause the property to be
repaired or demolished accordingly.
31(5) Section 31(4) includes the payment of any outstanding fees to
a Utility Distribution Supplier in order to ensure compliance to section
25 of this by-law is maintained.
31(6) The City or a person acting on its behalf is not liable to
compensate the owner, occupant or any other person by reason of
anything done by or on behalf of the City in the reasonable exercise of
its powers
31(7) No building or structure on a Part IV heritage property or a Part
V heritage property may be altered or cleared, including but not
limited to removed, demolished or relocated, except in accordance
with the Ontario Heritage Act.
31(8) The City may recover the costs of doing a matter or thing from
the person directed or required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as
property taxes as outlined in section 446 of the Municipal Act, 2001.
Certificate of Compliance
31(9) An officer who, after inspecting a prop€rty, is of the opinion
that the property is in compliance with this by-law, shall issue a
certificate of compliance to an owner who has submitted a completed
application form and paid the applicable fee as set out in the User Fees
and Charges By-law.
ADMINISTRATION AND ENFORCEMENT
Officers
32(1) The Chief Building Official is assigned the responsibility of
administering and enforcing this By-law and the applicable provisions
of the Building Code and may assign duties to such persons as
necessary to carry out administration and enforcement of this By-law
and the applicable provisions of the Building Code.
Property Standards Com m ittee
32(2) A Committee to be known as the Property Standards
Committee of the City of Sarnia is established.
32(3) The Committee shall consist of no fewer than 3 residents of, or
property owners in the City, to be appointed by Council with a 4-year
term, or such shorter term as may be determined by Council.
32(4) Despite subsection 32(3), a member of the Committee shall
hold office until his or her successor has been appointed.
32(5) Any vacancy on the Committee shall be filled forthwith.
SEVERANCE AND CONFLICT
33(1) If a court of competent jurisdiction declares any provision or
provisions of this By-law invalid, such provision or provisions are
deemed to be severable and it is the intention of Council that the
remainder of the By-law shall continue to be in force
33(2) Where a provision of this By-law conflicts with the provision of
another by-law, Act or regulation in force within the City, the provision
that establishes the higher standard to protect the health and safety of
persons prevails.
oRDERS, PROCEEDTNGS AND OTHER ACTTONS CONTTNUED
34(1) Any order issued, proceeding being conducted or other action
being carried out under By-law No. 67 of 2005 shall be deemed to
continue under this By-law, and any reference to By-law No. 67 of
2005 in such order, proceeding or other action shall be deemed to
refer to this By-law.
34(2) For the purposes of this By-law, where any portion of a fence
retaining wall, or common wall:
a)
does not conform to the standards under this By-law; and
b) is confirmed by a survey to be located touching or on the
property line between adjoining properties at finished ground
level, that portion of the fence or retaining wall is deemed to
be owned in equal shares by the owners of the adjoining
properties, unless proven otherwise
34(3) Despite section 34(2), where provision is made for ownership of
or responsibility for a fence, retaining wall or common wall under a
City by-law other than this By-law or under any other City Council
approved document, then that provision applies for the purposes of
this By-law.
Effective Date
EFFECTIVE DATE
35(1) By-Law 67 of 2005 is hereby repealed.
35(2) This By-law shall come into force and effect on the day it is
passed.
By-Law Read a First, Second and Third time this 5 day of
October, 2Ol5
Mike Bradley
Mayor
Na
Wright-Laking
City Clerk