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THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW 2012-9
PROPERTY STANDARDS BY-LAW: (B.1.4.) Being a property standards
by-law for The Corporation of the City of Sault Ste. Marie.
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a Bylaw
may be passed by the Council of a municipality prescribing 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 the Official Plan for the City of Sault Ste. Marie includes provisions
relating to property conditions;
AND WHEREAS the Council of the City of Sault Ste. Marie is desirous of passing a
Bylaw under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that
a Bylaw passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall
provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of The City of Sault Ste. Marie hereby enacts the
following:
PART 1
DEFINITIONS
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
2.02 YARDS
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
2.04 UNENCLOSED PORCH - BALCONY
2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
2.06 LOT GRADING-DRAINAGE
2.07 WALKWAYS AND DRIVEWAY
2.08 PARKING LOTS
2.09 EXTERIOR LIGHTING
2.10 RETAINING WALL
2.11 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
2.12 ACCESSORY BUILDINGS
2.13 FENCE
2.14 TOWER-GANTRIES-MASTS-ANTENNAE
2.15 SIGNS
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
3.02 FOUNDATION WALLS-BASEMENTS
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
3.04 DOORS-WINDOWS-CELLAR-HATCHWAYS
3.05 WINDOW SCREENS
3.06 CANOPIES-MARQUESS-AWNINGS
3.07 ROOF
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
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3.09 CHIMNEY FLUES
3.10 GARAGE-CARPORT
PART 4
INTERIOR OF BUILDINGS STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
4.02 WALLS-CEILINGS
4.03 FLOORS
4.04 STAIRS- HANDRAILS-GUARDS
4.05 ELEVATORS
4.06 MEANS OF EGRESS
4.07 HEATING- AIR CONDITIONING
4.08 ELECTRICAL
4.09 VENTILATION
4.10 LIGHTING
4.11 PLUMBING
4.12 WATER SUPPLY
4.13 SEWAGE SYSTEM
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
5.02 TOILET AND BATHROOM FACILITIES
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 YARDS
6.02 GUARDRAILS
6.03 VENTILATION
6.04 LIGHTING
6.05 SALVAGE YARD
PART 7
VACANT-DAMAGED-DEMOLITION
7.01 VACANT LAND
7.02 VACANT BUILDING
7.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
7.04 DEMOLISH BUILDING
PART 8
ADMINISTRATION AND ENFORCEMENT
8.01 BYLAW
8.02 MEASUREMENT
8.03 NON-COMPLIANCE
8.04 CONFLICTS-BYLAWS-STANDARDS-REGULATIONS
8.05 VALIDITY
8.06 PENALTY
8.07 SEVERABILITY
8.08 TRANSITIONAL RULES
8.09 TITLE
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PART 1
DEFINITIONS
1.01 In this Bylaw:
1)
"Accessory Building"- means a detached building or structure, not used for human
habitation that is subordinate to the primary use of the same property.
2)
"Act" -means an enactment or statute of the Province of Ontario.
3)
"Approved"- means acceptance by the Property Standards Officer.
4)
"Basement" - shall mean that portion of a building between two floor levels, which
is partly underground and which has at least one-half its height from finished floor to
the underside of the first floor joists above the average finished grade level adjacent
to the exterior walls of the building;
5)
"Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy
6)
"Building Code" - means the Building Code Act and any regulations made under
that Act;
7)
"Chief Building Official" - means the Chief Building Official appointed under
Section 3 of the Building Code Act, 1992, c. 23 and SHALL INCLUDE THE Property
Standards Officer, and their designate. [AMENDED BY BY-LAW 2023-108]
8)
"Citation - Property Standards Bylaw" This By-law may be cited as the "Property
Standards Bylaw." [AMENDED BY BY-LAW 2023-108]
9)
"City" - shall mean The Corporation of the City of Sault Ste. Marie unless the
context requires otherwise
10)
"Code" - means a regulation of the Province of Ontario known,
a) with respect to matters relating to building, as the Building Code;
b) with respect to matters relating to electricity, as the Electrical Safety Code;
c) with respect to matters relating to fire, as the Fire Code; and
d) with respect to matters relating to plumbing, as the Plumbing Code.
11)
"Committee" - means a Property Standards Committee established under this By-
law. [AMENDED BY BY-LAW 2023-108]
12)
"Council" - shall mean the Council of the City of Sault Ste. Marie.
13)
"Dwelling" - means a building structure, mobile home or recreational vehicle with or
without kitchen facilities or a part of such a building or structure, which is, or is
intended to be used for the purpose of human habitation, and includes such a
building, home or vehicle that would be or would be intended to be used for such
purposes, except for its state of disrepair;
14)
"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. Dwelling unit is two or more rooms used or designed to be used by
one or more individuals as an independent or self-contained domestic unit or
housekeeping establishment.
15)
"Exterior property area" - means the building lot excluding buildings
16)
"Fence" -means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to
property or acting as a visual or acoustic screen.
17)
"First Storey" - means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6 ft.) above grade.
18)
"Ground cover" - means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
19)
"Guard" - means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised
walkway, and other locations as required to prevent accidental falls from one level to
another. Such barriers may or may not have openings through them.
20)
"Habitable room" - means any room in a dwelling unit used or designed to be used
for the purpose of living, sleeping, eating, cooking or preparation of food and without
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limiting the foregoing shall include den, library, sunroom or recreational room or any
combination thereof;
21)
"Non-habitable space" - means a bathroom, toilet room, water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway,
closet, storage room, boiler room, furnace room, accessory space for service,
maintenance or access within a building or a room or space which does not comply
with the minimum standards for residential occupancy.
22)
"Non-Residential Property" - means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, fences or
erections thereon or therein.
23)
"Occupant" - means any person or persons over the age of eighteen (18) years in
possession of the property.
24)
"Officer" - shall include the Chief Building Official, a Property Standards Officer or
Property Standards Inspector, a Building Inspector, or a Municipal Law Enforcement
officer, as appointed. [AMENDED BY BY-LAW 2023-108]
25)
"Owner" - shall include:
(a) the registered owner of the land on which the building is
situated;
(b) the owner of a building;
(c) the person managing or receiving the rent of the land or
the building, or who would receive the rent if the land and
building were let, whether on the person's own account or as
agent or trustee or receiver of any other person;
(d) a vendor of the building under an agreement for sale who
has paid any municipal taxes thereon after the effective date
of the agreement;
(e) the person for the time being receiving installments of the
purchase price if the building were sold under an agreement
for sale;
(f) a lessee or occupant of the property who, under the terms
of a lease, is required to repair and maintain the building;
(g) an owner as defined by the Condominium Act 1998, S.O.
1998, c. 19, as amended and any successor legislation; and,
(h) any person having care and control of the land or
building.[AMENDED BY BY-LAW 2023-108]
26)
"Person" - means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
27)
"Property" - means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes, mobile
buildings, mobile structures, outbuildings, fences and erections thereon whether
heretofore or hereafter erected and includes vacant property.
28)
"Repair" - includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property shall
conform to the standards established in this Bylaw.
29)
"Safe condition"- means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the
property, and includes a structurally sound condition.
30)
"Sewage system" - means the City of Sault Ste. Marie system of storm sewers,
sanitary sewers and combined sewers, or a private sewage disposal system
approved by the Chief Building Official within the City of Sault Ste. Marie.
31)
"Sign" - means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate
advertise or direct attention to any person, business, service, commodity or use
32)
"Vehicle" - includes a motor vehicle, trailer, boat, motorized snow vehicle or other
mechanical power driven equipment.
33)
"Visual barrier" - shall mean a continuous, uninterrupted structure and/or fence
which completely blocks lines of sight when viewed perpendicularly from either of its
sides and shall consist of one or more of the following materials: wood, stone, bricks,
mortar, fabricated metal or other similarly solid material approved by the Chief
Property Standards Officer or Chief Building Official.
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34)
"Waste"- means any debris, rubbish, refuse, sewage, effluent, discard, or garbage
of a type arising from a residence, belonging to or associated with a house or use of
a house or residential property and/or from industrial or commercial operations, or
belonging to or associated with industry or commerce or industrial or commercial
property, which for greater certainty includes all garbage, discarded material or
things, broken or dismantled things, and materials or things exposed to the
elements, deteriorating or decaying on a property due to exposure or the weather
35)
"Yard" means the land other than publicly owned land around or appurtenant to the
whole or any part of a residential or non-residential property and used or capable of
being used in connection with the property.
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
1. No person, being the owner or occupant of a property, shall fail to maintain the
property in conformity with the standards required in this Bylaw.
2. The owner of any property which does not conform to the standards in this Bylaw
shall repair and maintain the property to conform to the standards in this By-law or
shall clear the property of all buildings, structures, debris or refuse and shall leave
the property in a graded and leveled condition.
3. All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned.
4. All new construction or extensive repairs shall conform to the Ontario Building Code,
where applicable.
5. This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation'' under the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, from carrying out a normal farm practice as provided for and
defined under that Act.
2.02 YARDS
Every yard shall be kept free and clear from:
a)
Dilapidated or collapsed buildings, structures or erections;
b)
Unprotected wells, including filling in. [AMENDED BY BY-LAW 2026-79]
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
1. No machinery or parts thereof, or other object, or material, not associated with the
normal occupancy and use of a property, including among other things, appliances,
fixtures, paper, cartons, boxes, or building materials such as lumber, masonry
material or glass, other than that intended for immediate use on the property, shall
be stored or allowed to remain in an exterior property area. [AMENDED BY BY-
LAW 2013-165]
2.04 UNENCLOSED PORCH - BALCONY
1. Every unenclosed porch or unenclosed balcony, and every exterior and common
area shall be kept free of garbage, waste, or appliances.
2.05 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
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1. Grass, trees, bushes, hedges and other landscaping, shall be maintained to prevent
overgrowth in relation to the neighbouring environment.
2.06 LOT GRADING-DRAINAGE
1. All yards shall be provided and maintained with adequate surface water drainage,
including suitable provisions for its disposal, without causing erosion, or the
entrance of water into a basement or crawlspace.
2. No roof, driveways or other surface drainage, and the drainage of water from
swimming pools shall be discharged on an entranceway, walkway, sidewalk, stair,
steps or adjacent property, or on to any highway, or in such a manner that it will
penetrate or damage a building, structure or property.
3. Every roof drainage system shall be discharged onto the ground at least 1 meter
(39 inches) from the building or structure, providing that it does not damage
adjacent properties, or cause erosion.
4. No fill shall be allowed to remain in an unleveled state on any property for longer
than fourteen (14) days, unless the property is:
(a) a construction site for which a building permit is in effect;
2.07 WALKWAYS AND DRIVEWAY
2. Surface conditions of walkways, driveways and yards shall be installed and
maintained in a safe condition with non-organic ground cover so as to:
a)
prevent ponding of storm water;
b)
be kept free of garbage and waste;
c)
provide for safe passage under normal use and weather conditions, day or
night.
2.08 PARKING LOTS
1. Parking lots, driveways and other similar public access areas of a yard shall be
maintained so as to afford safe passage under normal use and be free from health
and other hazards.
2. Parking lots, driveways and other similar public access areas of a yard shall be kept
clean and free of litter, rubbish, waste, salvage, refuse, decaying or damaged trees,
branches and limbs, objects or conditions that might create a health, fire or accident
hazard.
2.09 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or
building entrance shall have a permanently installed lighting fixture that shall be
maintained in good working order.
2. All underground parking areas and common areas shall be illuminated so as to
provide safe passage under normal use.
3. Facilities for lighting shall be maintained in a good working order.
2.10 RETAINING WALL
1. All retaining walls, screen walls and ornamental walls shall be constructed of durable
material and shall be maintained in a structurally sound condition.
2.11 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
1. A well, cistern, cesspool, privy vault, pit or excavation shall be permanently sealed,
or secured by a fence, cover or netting, unless it is in active use, in which event it
shall be secured by fencing with warning signs until the use has ceased, whereupon
they shall be sealed or secured as required above.
2.12 ACCESSORY BUILDINGS
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1. The foundations, walls, roofs and all parts of accessory buildings and other
structures appurtenant to the main building shall be:
a)
constructed with suitable materials;
b)
maintained in good repair;
c)
protected from deterioration by the application of paint or other suitable
protective material.
2.13 FENCE
1.
A fence erected on a property or separating adjoining properties shall be
maintained:
a)
in good repair; (free from loose or insufficiently secured, rotten, warped or
broken materials),
b)
in a safe and structurally sound condition so as to be capable of sustaining
safely its own weight together with any load to which it might reasonably
be subject to.
c)
shall be free of dangerous objects. and:
d)
reasonably plumb, unless specifically designed to be other than vertical.
2.14 TOWER-GANTRIES-MASTS-ANTENNAE
1. Towers, gantries, masts, antennae and structures of similar character and any
attachment thereto shall be maintained:
a)
reasonably plumb, unless specifically designed to be other than vertical;
b)
in good repair; and
c)
in a safe and structurally sound condition.
2.15 SIGNS
1. A sign and any structure connected therewith shall be installed and maintained:
a)
in good repair;
b)
in a safe and structurally sound condition; and
c)
in a reasonably vertical plane unless otherwise approved by the City of
Sault Ste. Marie. An unused or discarded sign shall be removed from the
property or shall be stored within a building.
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
1.
All repairs and maintenance of property required by the standards prescribed in
this Bylaw shall be carried out in a manner accepted as good workmanship in the
trades concerned and with materials suitable and sufficient for the purpose.
2.
Every part of a property shall be maintained in good repair and in a structurally
sound condition so as:
a)
to be capable of sustaining safely its own weight, and any additional load
to which it may normally be subjected;
b)
to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c)
to prevent the entry of moisture that would contribute to damage, fungus
growth, decay or deterioration; and
d)
to be capable of safely and adequately performing its function subject to
all reasonable serviceability requirements.
3.02 FOUNDATION WALLS-BASEMENTS
1. All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound.
2. Every basement, cellar and crawl space in a property shall be maintained in a
reasonably watertight condition so as to prevent or control the leakage of water into
the building.
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
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All exterior walls and surfaces of every building or structure shall be sound, plumb, and
weather tight, free from loose or unsecured objects and maintained in good repair:
1. In good repair free from cracked or broken masonry units, defective or deteriorated
wood or metal siding or trim, cracked, broken or loose stucco, loose or unsecured
objects; and
2. Shall be so maintained by the painting, restoring or repairing of the walls, coping or
flashing, by the waterproofing of joints and the walls themselves, by the installation
of or repairing of weather tight finishing, or the installation of termite shields, if
required.
3. All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and the
covering renewed when it becomes damaged or deteriorated.
4. Every part of a building including the exterior shall be maintained in a structurally
sound condition and so as to be capable of sustaining safely its own weight and
any additional weight that may be put on it through normal use.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1. Windows, skylights, exterior doors and frames, basement or cellar hatchways, attic
access doors including storm and screen doors and storm windows shall be
maintained in good working order, good repair, in a safe condition and shall be of
such construction so as to prevent the entrance of wind, snow or rain into the
building.
2. At least one entrance door in every dwelling unit shall have hardware so as to be
capable of being locked from inside and outside the dwelling unit.
3. All windows capable of being opened and all exterior doors shall have hardware so
as to be capable of being locked or otherwise secured from inside the building.
4. All windows capable of being opened shall be equipped with a screen to prevent the
passage of insects and the screen shall be maintained in a good condition.
3.05 WINDOW SCREENS
1. When an exterior opening is used or required for ventilation or illumination and is not
required to be protected by a door, window or similar closure, it shall be protected
with:
a)
mesh screening, metal grills, or other equivalent durable rust proof
material; or
b)
other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
1. All canopies, marquees and awnings shall be properly anchored so as to be kept in
safe and sound condition and shall be protected from decay and rust by application
of weather-coating material.
3.07 ROOF
1. Every roof and all of its components shall be maintained in good repair and in a safe
and structurally sound condition.
2. Without restricting the generality of this Section, such maintenance includes:
a)
removal of loose, unsecured or rusted objects or materials;
b)
keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
c)
keeping all roof-related structures plumb unless specifically designed to be
other than vertical.
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
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1. Eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all exterior
ducts shall be properly secured free from loose or unsecured objects, free from
obstructions and health hazards, weather-tight, free of holes and maintained in good
repair.
2. Every eaves trough, roof gutter, rainwater pipe, downspout and flashing shall be
properly secured and be kept in good repair, free from obstructions and health
hazards.
3. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts shall be
kept free from rust by application of a suitable protective material such as paint, and
shall be renewed when necessary.
4. Every roof drainage shall be discharged onto the ground at least 1 meter (39 inches)
from the building or structure, when it is physically possible to do so, providing that it
does not adversely affect adjacent properties, or cause erosion.
3.09 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment shall
be constructed, installed and maintained free from obstruction and shall prevent:
a)
the entrance of smoke or gases into a building
b)
the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures; and
c)
fire, health or other hazards.
2. Any fuel burning heating equipment used in a building shall be properly vented to the
exterior by means of an approved smoke pipe, vent pipe or chimney.
3.10 GARAGE-CARPORT
1. Garages and carports, including floors, shall be maintained in good repair and free
from hazards.
PART 4
INTERIOR OF BUILDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
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.
4.02 WALLS-CEILINGS
1. Every interior surfaces and finishes of walls and ceilings shall be maintained:
a)
in good repair, a surface which is reasonably smooth, clean, tight and
easily cleaned
b)
free of holes, cracks, loose plaster or other material
c)
in a safe condition; and
d)
so as to possess the fire resistant properties required by the Building and
Fire Codes.
2. In any bathroom the walls to a height of forty-two (42) inches above a bathtub
equipped with a shower or six (6) feet above the floor of a shower stall, shall be
maintained as to be water resistant and readily cleaned.
4.03 FLOORS
1. Every 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. Such defective floors shall be repaired or replaced.
2. Where a floor covering has become worn or torn so that it retains dirt or may create
an unsafe condition, the floor covering shall be repaired or replaced.
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3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of
water-resistant material and be capable of being cleaned.
4. Every cellar and basement shall have a floor of concrete or other material
acceptable under the provisions of the Building Code, to ensure water drainage and
to guard against the entry of vermin.
4.04 STAIRS- HANDRAILS-GUARDS
1. Every inside or outside stair and every porch or landing appurtenant to it shall be
maintained so as to be free of holes, cracks and other defects which constitute
accident hazards.
2. All handrails and balustrades, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be maintained in good repair so as to be
free of holes and other defects which constitute accident hazards, shall be properly
anchored so as to be kept in a safe and secured condition, shall be structurally
sound for the loads imposed through their normal use and, if metal, shall be
protected from rust or similar decay by a periodic application of paint.
3. Handrails shall be installed and maintained in good repair on all exterior stairs that
have more than 3 risers and on all interior stairs within dwelling units that have more
than 2 risers.
4. All handrails and balustrades, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be maintained in good repair, shall be
properly anchored so as to be kept in a safe and secured condition, shall be
structurally capable of supporting the loads imposed through their normal use and, if
metal, shall be protected from rust or similar decay by a periodic application of a
protective coating such as paint.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans shall be maintained in good repair and
operational.
2. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline
lifts and other elevating devices shall be installed and maintained:
a)
in good working order and good repair; and
b)
in a safe condition.
4.06 MEANS OF EGRESS
1. In every multi-residential dwelling where a security locking-and-release system has
been provided in the front or rear lobby for the entrance into the multiple dwelling and
that system is controlled from each dwelling unit, such system shall be maintained in
good repair and in an operating condition.
2. Where a non-residential building contains dwelling units located at other than
grade level, there shall be a secondary means of continuous and unobstructed
egress from such dwelling units.
3. All means of egress within a non-residential property shall be provided with
lighting facilities capable of illuminating the means of egress to ensure the safe
passage of persons exiting the building.
4.07 HEATING
1. Every residential dwelling shall have heating equipment capable of maintaining a
temperature of 21°Celsius (70 °Fahrenheit).
2. It is the responsibility of the owner that all heating and mechanical systems, and
their components be installed, operational and maintained in good working order.
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3. Only heating equipment approved for use by a recognized standards and testing
authority shall be provided in a room used or intended for use for sleeping purposes.
4. No rental residential dwelling unit shall be equipped with portable heating
equipment as the primary source of heat.
5. Solid fuel burning appliances shall conform to the standards as set out in the
Building Code. Fireplaces and similar construction used or capable of being used for
burning fuels in open fires shall be connected to approved chimneys and shall be
installed so as not to create a fire hazard to nearby or adjacent combustible
materials and structural members.
6. 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.
7. Fuel-burning equipment shall be vented to a flue by means of rigid connections
leading to a chimney or a vent or flue. All flues shall be kept clear of obstructions
8. Every chimney, smoke pipe and flue shall be maintained so as to prevent gas from
leaking into the building.
4.08 ELECTRICAL
1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected
to an approved electrical supply system. An adequate supply of electrical power
shall be available in all occupied parts of every dwelling, suite and building.
2. The connection to the building and the system of circuits and outlets distributing the
electrical supply within the building shall provide adequate capacity for the use of the
building and such connections, circuits, wiring and outlets along with any fuses,
circuit breakers and other appurtenances thereto shall be installed and maintained in
good working order.
3. Extension cords are not permitted on a permanent basis.
4.09 VENTILATION
1. Ventilation shall be provided to and maintained and operated in all rooms and
spaces within a building so as to prevent accumulations of heat, dust, fumes, gases,
including carbon monoxide, vapours and other contaminants which may create a
fire, explosion, toxic hazard or health hazard.
2. Every ventilation system shall be cleaned regularly and maintained:
a)
in good working condition and good repair
3. When an exterior opening is used or required for ventilation and is not required to be
protected by a door, window or similar closure, it shall be protected with screens in
accordance with this Bylaw.
4. An opening for natural ventilation may be omitted from a bathroom or toilet room
where a system of mechanical ventilation has been provided.
5. Every basement, cellar, unheated crawl space and attic shall be vented and such
vents shall be designed and maintained to prevent entry of snow, rain, rodents and
insects:
4.10 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room, kitchen,
hall, cellar, basement, laundry, furnace room and non-habitable work room in a
suite, dwelling unit or building shall have a permanently installed lighting fixture that
shall be maintained in a safe condition and in good working order.
2. Lighting equipment shall be installed throughout every property to provide adequate
illumination for the use of each space so as to provide safe passage.
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4.11 PLUMBING
1. All plumbing, drain pipes, water pipes and plumbing fixtures in every building and
every connecting line to the sewage system shall be maintained in good working
order and free from leaks and defects and all water pipes and appurtenances thereto
shall be protected from freezing.
2. Plumbing systems on a property shall be provided, installed and maintained:
a)
in compliance with the respective requirements of any applicable Act or
Bylaw;
b)
in good working order and good repair; and
c)
in a safe condition.
3. All plumbing fixtures shall be connected to the sewage system through water seal
traps.
4.12 WATER SUPPLY
1. Every dwelling and every building to which water is available under pressure through
piping shall be provided with:
(a)
adequate supply of hot water with a temperature range from 60 to 73.8
Celsius or 140 to 165 degrees Fahrenheit shall be provided and
maintained in all dwelling units; and
(b)
piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
(c)
piping for cold water connected to every toilet and hose bib.
4.13 SEWAGE SYSTEM
1. Every plumbing fixture in every building shall discharge the water, liquids or sewage
into drainage piping, which shall be connected to a municipal sewage system, or a
system approved by the authority having jurisdiction and in accordance with all
applicable law.
2. Sewage or organic waste shall not be discharged to the surface of the ground, but
into a sewage system where such system exists. Where a sewage system does not
exist, sewage or organic waste shall be disposed of in a manner according to the
Ontario Building Code.
PART 5
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A non-habitable room shall not be used as a habitable room.
2. No kitchen shall be used as a bedroom.
3. No basement or portion thereof shall be used as a dwelling unit, unless it meets the
following requirements:
a)
access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room;
b)
each habitable room shall comply with all the requirements for ingress,
egress,
c)
light, ventilation and ceiling height set out in this Bylaw;
d)
floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5.02 TOILET AND BATHROOM FACILITIES
1. Every dwelling unit shall contain plumbing fixtures in good repair and in an operative
condition, consisting of a minimum of one toilet, one sink, and one bathtub or
shower.
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2. All bathrooms and toilet rooms shall be located within and accessible from within the
dwelling unit.
3. All bathrooms and toilet rooms shall be fully enclosed and maintained so as to
provide privacy for the occupant.
4. No toilet or urinal shall be located within a bedroom or a room that is used for the
preparation, cooking, storing or consumption of food.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 YARDS
1. Every owner, and every occupant in that part of non-residential property that is
occupied or controlled by the occupant, shall maintain to the standards as described
in Part 2 of this Bylaw and:
a.
in a sanitary and safe condition, free from litter, refuse and waste including
such litter and refuse as may be left by customers or other members of the
general public and shall provide containers for the disposal of such litter or
refuse;
b.
free from objects conditions which are health, fire or safety hazards; and
2. The warehousing or storage of material or operative equipment that is required for
the continuing operation of the industrial or commercial aspect of the property shall
be maintained in a neat and orderly fashion so as not to create a fire or accident
hazard or any unsightly condition and shall provide unrestrictive access for
emergency vehicles. Where conditions are such that a neat and orderly fashion is
achieved but is still offensive to view, the offensive area shall be suitably enclosed
by a solid wall or a painted board or metal fence not less than 1.8 metres (6 ft.) in
height and maintained in good repair.
6.02 GUARDRAILS
1. 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 in all stairwells. Guardrails shall be installed and
maintained in good repair around all landings, porches, balconies. Guardrails,
balustrades and handrails shall be constructed and maintained rigid in nature.
6.03 VENTILATION
1. All non-residential properties shall be adequately ventilated by natural or mechanical
means and with regard to the operations carried on therein, to ensure that persons
within the property are not exposed to conditions deleterious to their health or safety.
2. Ventilation shall be provided for every locker room, clothes drying room and room in
which plumbing fixtures are installed, either by means of natural ventilation through
openings directly to the outside air or by means of mechanical ventilation, which
ventilation will ensure a complete change of air within the rooms at least once per
hour.
3. Mechanical ventilating equipment and the supports shall be maintained in good
repair and in safe mechanical condition.
6.04 LIGHTING
1.
All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all persons
attending the premises.
6.07 SALVAGE YARD
1. Salvage yards shall be effectively screened from public view.
PART 7
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Vacant - Demolished - Damaged Buildings
7.1
Definition applicable to Part 7 of this by-law:
1.
"vacant building" shall have the same meaning as the City's
Vacant Building By-law, as amended, and in the case of a
building damaged by fire or other, be deemed vacant from the
incident date wherein the property was no longer habitable.
2.
"Vacant land" means any property within the City of Sault
Ste Marie without any dwelling or accessory building
whatsoever.
[AMENDED BY BY-LAW 2023-108]
7.2
BUILDING DAMAGED BY FIRE OR OTHER:
1. Where a vacant building or building is damaged by fire, an explosion, or
any other means and is boarded or required to be boarded, the owner
shall:
(a) use boarding materials with at least 12.7 mm (0.5 inch)
weatherproof sheet plywood securely fastened to the building and
painted a color compatible with the surrounding walls;
(b) boarding materials shall be installed to exclude rain and wind
from entering the building and to secure the building from
unauthorized entry, and shall be installed within the reveal of the
opening frame or cladding, where feasible; and
(c) damaged or partially burned material shall be removed from the
premises, except that such material may be temporarily stored
within the barricaded damaged building or structure, provided that
such storage does not exceed ninety (90) days from the date of the
incident.
2. Fire damaged buildings, or portions thereof, shall be repaired to their
original condition or shall be demolished accordingly within 90 days from
the date of the incident.
3. Where any building is vacant or is damaged by accident, storm, neglect
or otherwise, and in the opinion of an officer or the chief building official or
an inspector appointed under the Building Code Act, 1992 it is not feasible
to repair the building to the standards prescribed by this By-law without
first demolishing the building or a portion of it, the owner shall demolish
the building or portion of it that it is not feasible to repair within one year of
it becoming so.
[AMENDED BY BY-LAW 2023-108]
7.3
DEMOLISH BUILDING:
1. Where a building, accessory building, fence or other structure is
demolished and removed of all containments, the property shall be
cleared of all rubbish, waste, refuse, masonry, lumber, wood, and other
materials and left in a graded, and leveled condition. If directed by any
officer to do so, four (4) inches of top soil and grass seed shall be added
to the officer's satisfaction.
2. Where a building, accessory building, fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining
property and members of the public. The precautions to be taken include
the erection of fences, barricades, covered walkways for pedestrians and
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any other means of protection necessary for the protection of the adjoining
property and members of the public.
3. All demolitions shall adhere to any applicable legislation.
[AMENDED BY BY-LAW 2023-108]
7.4 COST RECOVERY
1. Where the City does or causes work to be done on a vacant building or
a building damaged by fire, an explosion, or any other means to comply
with Part 7 of this By-law, with or without notice, such work shall be done
at the expense of the owner and shall be collected by the City in the same
manner as property taxes.
[AMENDED BY BY-LAW 2023-108]
7.5 FEES
1. Where a vacant building is not in compliance with this By-law and
requires an Officer to inspect the property to enforce compliance, an
'inspection fee" shall be determined by the Officer after every inspection in
accordance with Schedule "E" and the City of Sault Ste. Marie User Fee
By-law and submitted to the owner.
2. Every owner shall pay the fees determined in subsection 7.7 (1) of this
by-law, which become due and payable upon an Officer submitting a
written request to an owner of the inspection amount per the City of Sault
Ste. Marie User Fee By-law. If not paid forthwith, the City may add the
cost to the tax roll.
[AMENDED BY BY-LAW 2023-108]
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PART 8
ADMINISTRATION AND ENFORCEMENT
8.0
ENFORCEMENT
1. This By-law shall be administered and enforced by an Officer who is hereby
authorized to enforce the provisions of this By-law.
2. No person shall obstruct or hinder, or attempt to obstruct or hinder, an Officer, in
the exercise of a power or the performance of a duty under this By-law.
3. No person shall refuse to produce any documents or things required by an
Officer under this By-law, and every person shall assist any entry, inspection,
examination, or inquiry by an Officer.
4. No person shall knowingly furnish false information to the City or an Officer with
respect to this By-law.
[AMENDED BY BY-LAW 2023-108]
8.1
OFFICERS RIGHT OF ACCESS
1. An Officer may enter upon and within, and inspect any land, property, building or
structure at any time to determine if any section of this by-law is complied with, or
to determine if any direction, notice or order issued pursuant to this By-law or the
Municipal Act, 2001 as amended or any court has been complied with, or to
perform any remedial work authorized by this By-law.
2. Notwithstanding subsection 8.1 (1), the Officer shall not enter or remain in any
room or place actually used as a dwelling unless the provisions of Section 437 of
the Municipal Act, 2001, as amended are complied with.
3. The Officer shall have inspection powers described in Section 436 of the
Municipal Act, 2001, as amended.
[AMENDED BY BY-LAW 2023-108]
8.2
ORDERS - NOTICE - NON-COMPLIANCE
1. Where an owner is in contravention of any provision of this By-law, an Officer, in
addition to any other actions or orders under the Building Code Act, 1992, as
amended, may send an informal notice, in the form of a letter or email, to the
owner, describing the contravention.
2. Any notice or direction given under this By-law shall be deemed good and
sufficient service if:
(a)
personally delivered to the person to whom it is directed,
(b)
provided by a previously established electronic means of communication
(c)
mailed by ordinary or registered mail, and delivery to the mailing address
of the owner of the property, according to the last revised Assessment Roll of
the property which does not comply with this By-law, or
(d)
by being posted on the subject property.
3. Where any person fails to comply with an order issued pursuant to section 15.2
of the Building Code, the municipality may cause the required work to be done at
the cost of the person. The cost of such work may be recovered by action or by
adding the costs to the tax roll of the subject property and collecting them in the
same manner as property taxes.
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[AMENDED BY BY-LAW 2023-108]
8.3
PENALTY
1. Any person or owner who contravenes this By-law is guilty of an offence and is
liable upon conviction to a penalty recoverable under the Provincial Offences Act,
R.S.O. 1990, c. P.33, as amended.
2. A director or officer of a corporation who knowingly concurs in the contravention
of this By-law by the corporation is guilty of an offence and is liable upon
conviction to a penalty recoverable under the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended.
3. A person who is convicted of a continuing offence under this By-law is liable to a
fine of not more than $5,000 for each day or part of a day that the offence
continues.
4. An owner who fails to comply with an order that is final and binding under this
Bylaw is guilty of an offence under Section 36(1) of the Building Code Act, S.O.
1992, c.23, and is liable to a penalty or penalties as set out in Section 36 of that
Act, as amended.
[AMENDED BY BY-LAW 2023-108]
8.4
COLLECTION OF UNPAID FINES
1. Where a fine is in default, the City may proceed with civil enforcement against
the person upon whom the fine has been imposed, pursuant to the Provincial
Offences Act, R.S.O. 1990, c.P.3.
2. The City may make a request to the Treasurer of the City to add any part of a
fine that is in default to the tax roll for any property in the local municipality for
which all of the owners are responsible for paying the fine, and collect it in the
same manner as municipal taxes.
[AMENDED BY BY-LAW 2023-108]
8.5
CONTINUATION, REPETITION PROHIBITED BY ORDER
1. The Court in which the conviction has been entered and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition
of the offence by the person convicted, and such order shall be in addition to any
other penalty imposed on the person convicted.
[AMENDED BY BY-LAW 2023-108]
PART 9 - [ENACTED BY BY-LAW 2023-108]
GENERAL PROVISIONS
9.1 Application - This Bylaw shall apply to all property within the limits of the
municipality.
9.2 Measurements - The imperial measurements contained in this Bylaw are given
for reference only.
9.3 Conflicting legislation - Where a provision of this by-law conflicts with the
provisions of another by-law, Act Regulation in force within the municipality, the
provision, which establishes the higher standards to protect the health, safety and
welfare of the occupants and the general public, shall prevail.
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9.4 Legislation - Nothing in this bylaw shall be deemed to grant relief from the
requirements of the Building Code Act, 1992, the Building Code, the Fire Protection and
Prevention Act, 1997, or the Fire Code. Nor shall this by-law be viewed as limiting the
Officer's election to proceed under any of the said legislation wherein they have
reasonable grounds that a violation exists.
9.5 Severability - It is hereby declared that each and every of the foregoing
provisions of this by-law is severable and that, if any provisions of this by-law should, for
any reason, be declared invalid by any Court, it is the intention and desire of this
Council that each and every of the then remaining provisions hereof shall remain in full
force and effect.
9.6 Validity - If any provision or article of this Bylaw is for any reason found to be
invalid by a court of competent jurisdiction, the provision or article found to be invalid
shall be severed from the Chapter and the remaining provisions or article shall remain in
effect until repealed.
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SCHEDULE 'A'
Schedule 'A' - Service use and activity charges
Service or Activity Fee
Appeal Property Standards Order.
Where the order is not entirely quashed on appeal, for each order issued pursuant to
this By-law in respect of any property
Fee [AMENDED BY BY-LAW 2023-108]
Inspections where owner fails to comply with an Order.
Owner who failed to comply with a confirmed Order shall pay the fee for each inspection
to determine if contraventions of this By-law observed on an initial inspection have been
corrected where the contraventions have not been remedied by the time provided for in
the said Order.
Fee for each additional inspection [AMENDED BY BY-LAW 2023-108]
Order has been registered and required discharged.
Where a property standards order has been registered, an owner or occupant may
apply for an inspection of the property in respect of the order and shall pay a fee at the
time of application; this fee includes the registration of a discharge where compliance
with the order is found.
Fee [AMENDED BY BY-LAW 2023-108]
City undertakes to complete the work.
Where the City undertakes to complete the work 100% of the required to comply with
any final order, for cost of the all work performed necessary work, plus a further
administrative fee of an additional
Fee [AMENDED BY BY-LAW 2023-108]
Certificate of Compliance.
Where after inspecting a property, an officer, may, or on the request of the owner, issue
the owner a certificate of compliance
Fee [AMENDED BY BY-LAW 2023-108]
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Corporation of the Municipality of [Name of Municipality]
NOTICE OF VIOLATION
(Discretionary)
Owner's Name and
Address
Date
Dear Sir/ Madam
RE: Description and Location of Property in Violation
Be advised that on (Date of Inspection) an inspection of your property, as noted
above, revealed certain violations of the Municipality's Property Standards Bylaw
No.
Schedule "A" attached hereto, sets out the work required to remedy such violation and
to bring the property into compliance with the Bylaw.
Be advised that Bylaw No. gives the municipality the authority to issue an
ORDER TO COMPLY pursuant to Section 15.2-(2), Ontario Building Code Act, S.O.
1992, c.23.
It is desired that you will comply with this informal notice that the aforementioned
procedural step will not be necessary.
A re-inspection of this property will take place on or about 14 day ( Date ) to
ascertain compliance.
Should you require further information pertaining to this matter please do not hesitate to
contact the undersigned during normal business hours.
Property Standards Officer
Telephone Number
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Corporation of the Municipality of [Name of Municipality]
O R D E R
Pursuant to Section 15.2 of the Ontario Building Code Act, S.O.
1997, c.23
Owner's Name and
Address
Date
Dear Sir/ Madam
RE: Description and Location of Property in Violation
BE ADVISED that on ( Date of Inspection ) an inspection of your property, as noted
above, revealed certain violations of the Municipality's Property Standards Bylaw No.
The violation(s) are set out in Schedule "A", attached hereto, and forms part of this
ORDER
IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule "A" be
remedied and the property brought into a condition of compliance with the prescribed
standards as set out in the Property Standards Bylaw No. on or before:
Date
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this
order, the municipality may commence legal action and/or correct such violations at the
expense of the owner.
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the
terms or conditions of the order the owner or occupant appeal may to the Property
Standards Appeals Committee by sending a NOTICE OF APPEAL by registered mail to
the Secretary of the committee within fourteen (14) days after service of the order, and,
in the event that no appeal is taken, the order shall be deemed to be final and binding..
FINAL DATE FOR APPEAL: Date
Property Standards Officer
Telephone Number
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NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.1 of the Ontario Building Code Act
To the Secretary
Property Standards Appeal Committee
Corporation
of
the
Municipality
of
[Name
of
Municipality]
formal address
Date
RE: Order to Remedy Violation of Standards of
Maintenance and Occupancy at:
Description and Location of Property in Violation
TAKE NOTICE of the appeal of the undersigned to the Property Standards Appeal
Committee because of dissatisfaction with the above referenced order to remedy
violation of standards of maintenance and occupancy served upon the undersigned on
Name (Owner or Agent)
Address:
Telephone Number:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an order has been served is not satisfied with the
terms or conditions of the order the owner or occupant appeal may to the Property
Standards Appeals Committee by sending a NOTICE OF APPEAL by registered mail to
the Secretary of the committee within fourteen (14) days after service of the order, and,
in the event that no appeal is taken, the order shall be deemed to be final and binding.
Ontario Building Code Act, S.O. 1992, Chapter 23, Section 15.3(1)
Signature of Owner or Authorized Agent
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BY-LAW 94-54 REPEALED
By-law 94-54 is hereby repealed.
EFFECTIVE DATE
This By-law shall be effective on the final day of its passing.
PASSED in open Council this 9th day of January, 2012.
"DEBBIE AMAROSO"
________________
MAYOR - DEBBIE AMAROSO
"MALCOLM WHITE"
________________
CITY CLERK - MALCOLM WHITE
sd LEGAL\STAFF\BYLAWS\2012\2012-9 PROPERTY STANDARDS BY-LAW.DOC