This is the exact embedded text of the captured official document.
Snapshot f82db2f91ffa · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
TOWN OF SMITHS FALLS
PROPERTY STANDARDS BY-LAW NO. 10413-2023
Being a By-law to prescribe standards for the maintenance
and occupancy of property and to repeal By-law numbers
7766-2003, 8038-2007, 8123-2008, and 8723-2014
Page 1 of 36
TOWN OF SMITHS FALLS
BY-LAW NO.10413-2023
PROPERTY STANDARDS BY-LAW
Being a by-law to prescribe standards for the maintenance and occupancy of
property and to repeal By-law numbers 7766-2003, 8038-2007, 8123-2008, and 8723-2014 .
WHEREAS Council of the Corporation of the Town of Smiths Falls deems it desirable to establish
standards for the maintenance and occupancy of properties, so that owners and occupants provide
minimum standards for persons who may live at, attend or otherwise be affected by the condition of the
properties;
AND WHEREAS the Corporation of the Town of Smiths Falls has an Official Plan that includes provisions
relating to property conditions.
AND WHEREAS section 15.1(3) of the Building Code Act, 1992 authorizes the Corporation of Town of
Smiths Falls to pass a by-law prescribing standards for the maintenance and occupancy of property;
AND WHEREAS section 15.6(1) of the Building Code Act, 1992 provides for the establishment of a
Property Standards Committee;
AND WHEREAS Part XII of the Municipal Act, 2001 and section 15.5 of the Building Code Act,
1992 authorize the Town of Smiths Falls to charge fees for services and activities carried out under
this By-law;
NOW THEREFORE, the Council of the Corporation of the Town of Smiths Falls enacts as follows:
SHORT TITLE
1. This By-law may be referred to as the “Property Standards By-law” or the “Town of Smiths Falls
Property Standards By-law’.
DEFINITIONS AND INTERPRETATION
2(1) ‘In this By-law:
“Accessory Building or Structure” shall mean a detached subordinate building or structure not used for
human habitation, located on the same lot with the main building, and used incidentally to the main building,
and includes a private garage where such garage does not form a part of the main building and shall not
be used for human habitation unless expressly permitted in the Zoning By-law.
“Adverse effect” means one or more of,
a) impairment of the quality of the natural environment for any use that can be made of it,
b) injury or damage to property or to plant or animal life,
c) harm or material discomfort to any person,
d) an adverse effect on the health of any person,
e) impairment of the safety of any person,
f) rendering any property or plant or animal life unfit for human use,
g) loss of enjoyment of normal use of property, and
h) interference with the normal conduct of business;
Page 2 of 36
“Air” means open air not enclosed in a building, structure, machine, chimney, stack or flue;
“Appliances” include a fridge, stove, dishwasher, clothing washer, or dryer;
"Attic" means the portion of a building situated wholly or in part within the roof and which is not a half
story.
“Balustrade” means a railing supported by a series of short posts forming an ornamental parapet to a
balcony or terrace.
“Basement” means that portion of a building from a floor to the underside of a ceiling that is located
partially or entirely below the adjacent finished ground level;
“Bathroom” means a room containing a bathtub or shower with or without a water closet and washbasin;
“Building” means any structure used or intended to be used for shelter, accommodation or enclosure of
persons, animals, chattels other than a lawful boundary wall or fence;
“Building Code” means the Ontario Building Code Act, 1992 and any regulations made under that Act, or
its successor;
“Certificate of Compliance” means a certificate issued by an Officer if they are of the opinion that the
property, for which the certificate has been requested, is in compliance with the standards established by
this by-law;
“Committee” means the Property Standards Committee established under this By-law;
“Contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any
of them resulting directly or indirectly from human activities that causes or may cause an adverse effect;
“Debris” shall mean wreckage, ruins, litter and discarded garbage, refuse or trash, scattered remains of
something destroyed and includes disused materials, appliances, devices, vehicles, parts and equipment
of any kind whatsoever.
“Director” means the Director or Manager who supervises the Property Standards Officer and his or her
designate or successor;
“Dwelling” shall mean a building used or intended to be used for human habitation but shall not include a
recreational vehicle or tent.
“Dwelling Unit” shall mean a room or a combination of rooms operated as a housekeeping unit, used or
intended to be used as a domicile by one or more persons and usually containing cooking, eating, sleeping
and/or sanitary facilities.
“Farm Building” means a building or part thereof which does not contain a dwelling unit and which is
associated with and located on land devoted to the practice of farming, and used for the housing of
equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or
feeds;
“Fence” shall mean any barrier or structure other than a building, erected at grade, which is constructed
for the purpose of screening, safeguarding or encasing property or delineating property lines.
Page 3 of 36
“Garage” shall mean an accessory building or part of a residential building located on a residential lot
intended for the storage of one or more vehicles, in which no business, occupation or service is conducted
for profit, and shall include a carport.
“Grade” shall be the average elevation of proposed or finished ground adjoining a building at all exterior
walls.
“Ground Cover” shall mean organic or non-organic material applied to prevent soil erosion in a yard.
“Guard” means a protective barrier installed around openings in floor areas or on the open sides of a
stairway landing balcony mezzanine gallery 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 it.
“Habitable Room” shall mean a room designed to provide living, dining, sleeping or kitchen
accommodation. This definition may include a den, library or enclosed sun room but shall not include a
porch, veranda, unfinished attic or unfinished basement.
“Heritage Attribute” means, in relation to real property, and to buildings and structures on real property,
an attribute of the property, building or structure that contributes to its cultural heritage value or interest
and that is defined or described:
(i) in a By-law designating a property passed under section 29, Part IV of the Ontario
Heritage Act and identified as a heritage attribute, reason for designation or otherwise;
(ii) in a Minister’s order made under section 34.5, Part IV of the Ontario Heritage Act and
identified as a heritage attribute or otherwise;
(iii) in a By-law designating a heritage conservation district passed under section 41, Part V of
the Ontario Heritage Act and identified as a heritage attribute or otherwise;
(iv) in the supporting documentation required for a By-law designating a heritage conservation
district, including but not limited to a heritage conservation district plan, assessment or
inventory, and identified as a heritage attribute or otherwise;
"Maintenance" shall mean the preservation and keeping in repair of a property.
“Means of Egress” shall mean a continuous, unobstructed path of travel provided for the exit of persons
from any point in a building to an exterior open space protected from exposure to hazard in an emergency,
and having access to an open public thoroughfare.
‘Municipal Act, 2001” means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
“Non-Habitable Room” shall mean any room in a building, other than a habitable room, and includes a
bathroom, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for servicing or
maintaining the building, and for access to and vertical travel between storeys of a building.
“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” shall mean a Property Standards Officer or designate who has been appointed by Council for the
purposes of administering and enforcing this By-Law.
Page 4 of 36
“Owner” includes,
a) the person for the time being managing or receiving the rent of the land or premises in connection
with which the word is used, whether on the person’s own account or as agent or trustee of any
other person, or who would receive the rent if the land and premises were let, and;
b) a lessee or occupant of the property who, under the terms of a lease, is required to repair and
maintain the property in accordance with the standards for the maintenance and occupancy of
property;
“Part IV heritage property” means real property, including all buildings and structures thereon, which has
been designated by the Town of Smiths Falls 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 real property, including all buildings and structures thereon, located
within a heritage conservation district, which has been designated by the Town of Smiths Falls under
section 41 of the Ontario Heritage Act;
“Pests” means rodents, vermin or insects that are detrimental to humans or damaging to human concerns
such as structures, crops, livestock or food supplies;
“Plant” means any vegetation that is not a shrub, hedge, or tree;
“Property” means a building or structure, or part of a building or structure, and includes the lands and
premises appurtenant thereto and all mobile structures, mobile buildings, mobile homes, outbuildings,
fences, retaining walls, and erections thereon, whether heretofore or hereafter erected; and includes vacant
property.
“Property Standards Order” means an order made under subsection 32 of this By-law;
“Protective Device” means any mechanical device designed for the purpose of inhibiting movement by
latching or automatic engagement or in any other reasonable manner;
"Refuse" means any article, thing, matter, substance or effluent that:
(i) has been cast aside, discharged or abandoned;
(ii) is discarded from its usual and intended use; or
(iii) is used up, in whole or in part, or expended or worn out in whole or in part, and shall
include domestic, construction or industrial waste, and provided further that waste does
not cease to be refuse by reason that it may be commercially saleable or recyclable
“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 property conforms with the standards established in this
By-law;
“Residential Zone” shall mean a residential zone as designated in the Zoning By-Law of the Town, and
all amendments made thereto.
“Retaining Wall” means a wall that holds back soil or loose material to prevent it from assuming the
natural angle of repose at locations where a change in ground elevation occurs;
“Sanitary Sewage” means liquid or water borne waste:
Page 5 of 36
(i) of industrial or commercial origin or institutional; or
(ii) of domestic origin, including human body waste, toilet or other bathroom waste, and shower, tub,
culinary, sink and laundry waste;
“Sanitary Sewer” means a sewer for the collection of water and water-carried wastes from residential,
commercial, industrial or institutional premises or any other source.
“Septic System” means a tank, usually below ground, for containing sewage to be decomposed by
anaerobic bacteria.
“Sewage System” means:
(i) the Town’s system of storm sewers, sanitary sewers and combined sewers; or
(ii) a private sewage disposal system approved by the Town’s Chief Building Official or other
responsible authority;
“Shrub” means a low woody perennial plant usually having several major branches
“Sign” shall mean any surface upon which there is printed, projected or attached any announcement,
declaration or insignia used for direction, information, identification, advertisement, business promotion or
promotion of products, activity or services and includes a structure, whether fixed or portable.
“Structure” shall mean any permanent or temporary object constructed or erected which requires location
on the ground or attachment to something located on the ground, which is not adapted for occupancy. For
the purpose of this By-Law, structure shall include a tent, platform, staging, wall, retaining wall, antenna,
shed, garbage bin, fence, sign and every other construction or erection that is not a building.
“Storm Water” means water that is discharged from a surface as a result of rainfall, snowmelt, snowfall
or other precipitation;
“Town” means the Corporation of the Town of Smiths Falls.
“Utilities” shall mean hydro, heat and water or any other essential service required for the operation or
maintenance of a building.
“Unsafe Condition” means the physical state of any property, structure, barrier and/or building(s), whether
vacant or occupied, that in the opinion of the Property Standards Officer, is not safe.
“Vacant” shall mean a building or part of a building that is not used by an owner or is not occupied for a
period of 90 days.
“VYermin” shall mean small animals that harm or damage property, that are difficult to control or are
undesirable. For the purpose of this By-law, skunks, squirrels, chipmunks, opossums, raccoons, rats, mice,
weasels, and rabbits are considered vermin.
“Visual Barrier” means a barrier that acts as a screen consisting of:
(i) a wall or fence;
(ii) a continuous planting of suitable and healthy trees or shrubs;
(
(
iii) an earth berm; or
iv) any combination of the above.
Page 6 of 36
“Waste” includes refuse or garbage of any kind whatsoever and without limiting the generality of the
foregoing; included kitchen and table waste of animal origin, clothing ashes, paper, cartons, crockery, tin
plastics, cans, glass or glassware, brush, timber, lumber, cable waste, rocks, bricks, concrete, gravel, sand,
soil, appliances, automotive and mechanical parts, furnaces, bedsprings, mattresses, furniture, boxes,
barrels, water or fuel tanks, containers, either full or empty, for paint, oil, solvents, items containing
asbestos insulation, fuel tanks, batteries, acids and other prohibited hazardous waste as defined by the
Ministry of the Environment. Waste shall not include compostable materials, such as grass cuttings, leaves,
garden refuse, kitchen and table waste or vegetable origin when enclosed in a container approved by the
Town.
“Waterfront Property” means the area of water which is immediately capable of use from the land,
together with the area of land adjacent to the water, which is necessary to allow use of the above area of
water.
“Yard” shall mean any open, uncovered, unoccupied space appurtenant to a building on a residential,
non-residential, or vacant property used or capable of being used in connection with the property, and
includes but not limited to driveways, parking areas, walkways, gardens, playgrounds, swimming pool
areas, unenclosed decks unenclosed porches, unenclosed carports and unenclosed garages.
2(2) Any word or term not defined in this By-law shall have the meaning ascribed to it in the Act or the
Building Code; if the word is not in the Act or Building Code it shall mean as defined in the Webster’s
dictionary.
2(3) Yard maintenance and all respective landscaping, naturalization and urban agriculture will be in
accordance with the Town’s Yard By-law.
SCOPE
3(1) | Every owner or occupant of a property, shall maintain the property in conformity with the standards
required in this By-law.
3(2) | The owner or occupant of any property which does not conform to the standards in this By-law shall
repair and maintain the property to conform to the standards or shall clear the property of all
buildings, structures, debris, refuse or waste and shall leave the property in a graded and levelled
condition.
3(3) ‘If there is a conflict between a provision in this By-law and a provision of any other Town By-law,
the provision that establishes the highest standard to protect the health, safety and welfare of the
general public prevails.
GENERAL RESPONSIBILITIES
Responsibility of the Owner
4(1) | The owner of the property shall:
(a) Repair, maintain and keep clean the property in accordance with the standards and take
immediate action to eliminate any unsafe condition; and
(b) Ensure that every supplied facility in or on the property is:
(i) Constructed, installed and maintained so that it will function safely and effectively;
Page 7 of 36
(ii) Kept in a satisfactory working condition; and
(iil) Available for use by the occupants and other users of the property in accordance
with the standards.
Responsibility of the Occupant
4(2) Every occupant of a dwelling unit, in that part of the dwelling unit that the occupant occupies or
controls shall:
(a)
(b)
(c)
(d)
(f)
(g)
(h)
Maintain all appliances and plumbing fixtures and all storage facilities and other equipment
therein in a clean and sanitary condition;
Keep all exits from the dwelling unit clean and unobstructed;
Maintain the dwelling unit in a clean and sanitary condition;
Maintain all sanitary facilities and every plumbing fixture in a sanitary facility in a clean and
sanitary condition;
Keep all exits from the property clear and unobstructed;
Co-operate with the Town in complying with the requirements of this By-law;
Limit the number of occupants to the maximum number permitted by this By-law; and
Take immediate action to eliminate any unsafe condition.
REPAIR AND MAINTENANCE STANDARDS
5(1) Buildings, structures, materials or equipment that have been damaged or show evidence of
deterioration shall forthwith be repaired or replaced.
5(2) All parts of a building or structure shall be free from loose or improperly secured objects or materials.
5(3) All repairs to any property shall be made in a manner that is accepted as good workmanship in the
respective building trades concerned and with materials that are suitable and sufficient for the
purpose, and that are free from defects.
(a)
(b)
The requirement that repairs be made in a “manner that is accepted as good workmanship”
includes ensuring that the component repaired can perform its intended function and
finishing the repair in a manner reasonably compatible in design and colour with adjoining
decorative finishing materials; and
The requirement that repairs be made with materials that are “suitable and sufficient for the
purpose” includes a requirement for materials reasonably compatible in design and colour
with adjoining decorative finishing materials.
Damaged Material
5(4) In the event of damage by fire, explosion, wind, flood or other disaster, measures shall be taken
promptly to make the damaged building compatible with its environment and intended use.
Page 8 of 36
5(5)
6(1)
6(2)
6(3)
6(4)
Once the scene is released by Police, Fire, and other authorities, then damaged or partially
damaged materials shall be forthwith removed from the property and replaced with new materials
so as to be consistent with adjoining undamaged surfaces and/or areas and in accordance with
section 5(3).
GENERAL STANDARDS FOR ALL PROPERTIES
The sections, standards, obligations and requirements in Sections 4 through 28 inclusive apply to
all properties, except as otherwise specified.
Every building shall be kept free of any condition which constitutes a health or safety hazard.
This By-law does not apply to matters which, in the opinion of the Director, are minor
in nature.
Where, in the opinion of an officer, there has been no substantial progress on the construction or
demolition of a building, structure or portion thereof for a period of more than one year, such
building, structure, or portion thereof shall be:
(a) Demolished in accordance with all applicable statutes, regulations and By-laws; or,
(b) Completed within a reasonable time as specified by the officer, in accordance with all
applicable statutes, regulations and By-laws, including this By-law.
Mold or Suspicion of Mold
6(S)
6(6)
6(7)
Any accumulation of mold within indoor living and/or indoor storage areas of a building shall be
immediately cleaned and removed by the occupant or owner.
No person shall occupy, or permit the occupancy of a building, or portion thereof, where an
accumulation of mold exists which could pose a health concern to any person who occupies the
building, or portion thereof.
Any condition in a building, including but not limited to water penetration, humidity or inadequate
ventilation, which relate to the creation and growth of mold, shall be repaired or removed by the
owner of the building.
(a) The Officer may establish that mold is present based on the suspicion of a mold-like
substance identified by visual inspection; however, notwithstanding any other provision of
this By-law, sections 6(5), 6(6) and 6(7) shall not apply if, in the opinion of an Officer, the
presence of mold is minor in nature.
Pest Prevention
6(8)
A dwelling shall be kept free of pests at all times, and methods used for exterminating shall be in
accordance with the provisions of the Pesticides Act, R.S.O. 1990, Chap. P.11, as amended, and
all regulations enacted pursuant thereto.
(a) The owner of a building shall take the appropriate steps to remove all pest infestations using
a licensed pest control agency in accordance with all applicable laws.
(b) The owner of a building that has used a pest control agency shall produce for the Property
Standards Officer on demand, documented proof of steps taken to eliminate the violating
pests.
Page 9 of 36
6(9)
6(10)
6(11)
7(1)
7(2)
7(3)
7(4)
7(5)
7(6)
Basement or cellar windows used or required for ventilation and any other opening in a basement
or cellar, including a floor drain or any opening for natural or mechanical ventilation, that may permit
the entry of pests shall be screened with wire mesh, metal grill or other durable material which will
effectively exclude pests.
An opening for natural or mechanical ventilation that may permit the entry of pests shall be screened
with wire mesh, metal grill or other durable material which will effectively exclude pests.
Openings and holes in a building, including chimneys, windows, doors, vents, holes for pipes and
electrical fixtures, cracks and floor drains, that might permit the entry of birds or other pests, shall
be screened or sealed as appropriate.
GARBAGE STORAGE AND DISPOSAL
Every dwelling and every dwelling unit within the dwelling shall be provided with sufficient
receptacles to contain all garbage and refuse.
The owners of all multiple dwellings that do not have garbage disposal rooms shall provide a
receptacle or receptacles of sufficient size to contain all garbage and refuse generated between
collections by the occupants served, and such garbage and refuse shall not be loaded beyond the
top of the receptacle.
Any waste storage area, any waste bin, and any waste chute shall be kept clean and in a sanitary
condition free from obnoxious odours.
Garbage, rubbish and ashes shall be stored within a building, fenced area, or structure, or in the
interior side yard or rear yard where it will be screened from the view of neighbours or passers-by
until collected for disposal.
Garbage receptacles must be made of metal or plastic, watertight and capable of being tightly
closed to prevent entry of pests, birds or other animals, and maintained in a sanitary condition free
of obnoxious odours.
Bags containing garbage or refuse shall not be stored outdoors unless in accordance with the
Town’s Waste By-law, as amended.
Compost and Recycling
7(7)
7(8)
Compost heaps shall be retained on all sides by lumber, concrete blocks, plastic drums, or other
materials suitable for such a use.
Compost heaps shall not be located in any front yard. All composts must be 1 metre from all lot
lines.
Every composter or compost pile shall be maintained to deter pests and animals.
Every container for organic waste and recyclable items shall be:
(a) Maintained in a clean, neat and tidy condition; and
Page 10 of 36
(b) Emptied regularly in accordance with the waste collection schedule established by the
Town.
OCCUPANCY STANDARDS
8(1) No person shall use or occupy, permit the use or occupancy of, or rent any residential property that
does not conform to the standards of this By-Law.
8(2) |Anon-habitable room shall not be used as a habitable room.
8(3) |The maximum number of occupants in a dwelling unit shall not exceed one person per 9.3 square
metres of floor area in a habitable room.
8(4) For the purpose of computing the number of occupants, any child under one year of age shall be
counted 'nil', and any child between one and twelve years of age shall be counted ‘one-half’.
8(5) For the purpose of computing the habitable room space, the floor area under a ceiling that is less
than 1.52 metres in height shall not be counted.
8(6) Nokitchen, bathroom, laundry room, or hallway shall be used for sleeping purposes.
8(7) | Every room used for sleeping purposes in a dwelling unit shall provide a minimum floor area of 5.58
square metres with no less than 3.72 square metres of floor area for each additional occupant,
provided that for the purpose of this By-Law, two children under the age of twelve years may occupy
the same floor area as one adult.
BUILDING EXTERIOR
All Exteriors
9(1) All exterior surfaces of a building, structure, fence or retaining wall, including a mobile structure or
building, shall be of materials which resist deterioration by the weather or have resistant coatings
applied to them, except that a farm building may have unprotected wood surfaces.
9(2) All exterior surfaces of a building, structure, fence or retaining wall, including a mobile structure or
building that have become marked by construction, demolition, smoke, water, vandalism, or other
causes shall be restored or replaced.
9(3) An exterior wall, chimney, roof or other parts of a building, structure, fence or retaining wall,
including a mobile structure or 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
9(4)
The exterior of a building shall be:
(a) Maintained to prevent the entry of pests and birds; and
(b) When opened or replaced during the course of alterations or renovations, shall be
insulated in order to minimize heat loss, air infiltration and moisture condensation on the
interior surfaces.
Page 11 of 36
Exterior Wall
9(5)
9(6)
9(7)
9(8)
9(9)
Roof
9(10)
9(11)
9(12)
9(13)
9(14)
9(15)
9(16)
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) maintained free of vandalism or other damage and deterioration.
The visible surface of all exterior walls shall consist of materials commonly used or designed as
building components.
Patching and repairs to exterior walls shall be made with the same or visually similar material and
shall blend with the existing adjacent material or the whole shall be painted or clad to form a solid
appearance with the surrounding surface.
Appropriate measures shall be taken to remove any unsightly markings, stains or other defacement,
including graffiti, occurring on an exposed exterior surface and, where necessary, to restore the
surface as nearly as possible to its original condition.
All exterior surfaces shall be of materials which by themselves or when treated provide adequate
protection from the weather.
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;
Shingles or other roof coverings which exhibit excessive deterioration shall be replaced as required.
All roof flashing, gutters, valleys, snow and ice guards, eaves troughs, and down-pipes shall be
secured, free of rust, and maintained in a serviceable condition.
All soffit and fascia components of a building shall be secured and maintained in good repair, and
properly painted or otherwise treated.
Dangerous accumulations of snow or ice shall be removed from the roof.
A roof shall be kept clean and free from,
(a) Debris or waste; and
(b) Objects or conditions that may create a health or accident hazard.
All chimneys, smoke or vent stacks, aerials, satellite dishes, lightning arrestors and other similar
structures and their supporting members shall be maintained in a safe condition and in good repair.
Overhanging Extensions
9(17)
Balconies, porches, canopies, marquees, awnings, screens, grills, pipes, ducts, air conditioners
and all other similar equipment, attachments, extensions and their supporting members shall be
maintained properly and safely anchored, protected against deterioration, rust or decay, and free
from debris and waste.
Page 12 of 36
DOORS, WINDOWS, SECURITY AND MAILBOXES
All Doors and Windows
10(1) An exterior door, window, hatch or other opening and its frame shall be:
(a) Maintained to properly perform their intended functions; and
(b) Repaired or replaced if damaged, including but not limited to being rotted, missing weather-
stripping, caulking or hardware or having broken glass.
10(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
10(3) An exterior door or an entrance door to a dwelling, dwelling unit or a building containing more than
3 dwelling units shall have hardware so as to be capable of being locked from the outside and
locked or otherwise secured from the inside.
Windows
10(4) An opening window shall have hardware so as to be capable of being locked or otherwise secured
from the inside.
10(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 pests and such screens shall be maintained so as to properly perform their
intended function, except if the window is an approved fire escape.
10(6) (a) Upon the written request of an occupant of a dwelling unit in which children under the age
of 10 years are occupants, the owner of the dwelling unit shall provide and install a
protective device on any window that:
(i) has a moveable sash; and
(ii) is more than 1.8 metres above the adjacent finished ground level.
(b) The protective device under paragraph 11(6)(a) shall be installed and secured in such a
manner as to prevent opening of a window to any amount greater than 100 millimetres.
Security & Mailboxes
10(7) All security intercom equipment must be kept free of defects and in good working order.
10(8) Where mailboxes are supplied for the use of occupants, they shall be maintained in good condition
and free from defects.
VENTILATION
11(1) Proper ventilation shall be provided and maintained within a building so as to prevent the
accumulation of heat, dust, fumes, gases, vapours or other contaminants that may create a fire,
explosion or health hazard.
Page 13 of 36
41(2)
Every attic, basement, cellar and unheated crawl space shall be adequately vented to the exterior
and shall be designed and maintained to prevent the entry of rain, snow, pests, or birds.
STRUCTURAL COMPONENTS
Structures
12(1)
12(2)
12(3)
12(4)
Every part of a building or structure shall be maintained in a structurally sound condition so as to
be capable of safely sustaining its own weight and any load to which it normally may be subject.
Materials or objects which have been damaged or show evidence of decay or other deterioration
shall be repaired or replaced.
The foundations, walls, columns, beams, floor and roof slabs of a building, including ancillary
structures such as parking garages, shall be maintained in good repair.
For the purposes of this section, “structure” includes a fence, shed, permanent sign or other small
building in addition to structures defined in the Building Code Act.
Doubt - Structural Condition - Engineer’s Report
12(5)
If, in the opinion of the Officer, there is doubt as to the structural condition or adequacy of a building
or structure or parts thereof, the Officer may order that such building or structure or parts thereof
be examined by a Professional Engineer, licensed to practice in Ontario and employed by the owner
of the building or authorized agent, and that a written report, which may include drawings for any
recommended remedial work designed by the engineer, and giving details of the findings of such
examination be submitted to the Officer within a specified time;
Report Acceptance
12(6) The officer may accept the findings in the report pursuant to subsection 12(5) as the requirements
12(7)
12(8)
for compliance with the required repairs provided the officer is satisfied all deficiencies have been
identified and appropriately dealt with by the report.
Upon completion of all of the work required by the engineer’s report, a further report prepared by
the Professional Engineer shall be submitted to the Officer certifying that all of the work proposed
in the written report has been completed and is in accordance with all applicable legislation.
No structural element may be added, removed, repaired or modified in any manner until a
required permit has been obtained from the Chief Building Official.
Foundations and Basements
12(9)
A foundation wall, basement cellars and crawl spaces and other supporting members of a building
or structure shall be maintained in good repair and structurally sound as to properly perform their
intended function.
Foundations
12(10) The foundations and the foundation walls of a building or structure shall be structurally sound and
maintained.
Page 14 of 36
12(11) Foundations that have settled shall be adequately repaired to ensure that the stability of the
superstructure is not compromised by the settlement.
12(12) All foundation footings shall be provided with adequate subsoil drainage to prevent the infiltration
of moisture.
12(13) All cracks in concrete or masonry walls shall be properly grouted.
Basements
12(14) A basement or crawl space shall be maintained in a watertight condition so as to prevent the
leakage of water into the building.
STAIRWAYS, LANDINGS, BALCONIES, PORCHES
Means of Access or Egress
13(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 snow, ice buildup, holes, cracks and other defects which
may constitute a possible safety hazard.
13(2) Storage of any kind is prohibited on any stairway, fire escape, ramp or any other mean of egress.
Stairs, Fire Escapes, Ramps, Landings, Balconies and Porches
13(3) Stairs, fire escapes, ramps, balconies, and porches shall be maintained in good repair, free from
snow, ice buildup, holes, cracks, loose materials and defects that may constitute possible
hazards.
13(4) A balustrade 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 of a height of 610 mm. 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 and balconies. Guardrails, balustrades and
handrails shall be constructed and maintained in a rigid state.
13(5) No exterior stairway, including a fully enclosed outside stairway but not including a fire escape,
shall have,
(a) An angle not exceeding 45 degrees from the horizontal;
(b) A tread less than 23.5 centimetres or more than 35.5 centimetres in depth;
(c) A rise less than 12.4 centimetres or greater than 20 centimetres; or
(d) A run less than 21 centimetres or more than 35.5 centimetres.
13(6) The accumulation or storage of garbage, refuse, waste, appliances, or furniture which is not meant
for outdoor use shall not be stored on any exterior stairway, balcony, verandah porch or ramp.
Page 15 of 36
INTERIOR STRUCTURAL COMPONENTS, FLOORS, CEILINGS AND WALLS
Structural Components
14(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, Ceilings and Walls
14(2)
14(3)
14(4)
14(5)
14(6)
14(7)
14(8)
14(9)
A floor, ceiling or wall shall be:
(a) kept free from water penetration and from dampness arising from the entrance of moisture
through an exterior wall or roof or through a basement or crawl space;
A floor shall be smooth and maintained so as to be free of all loose, warped, protruding, broken or
rotted boards that may create an unsafe condition or surface.
Where a floor has been covered with a sheet or vinyl floor covering or other flooring that has become
worn or torn so that it retains dirt, or may create an unsafe condition, the sheet or vinyl floor covering
or other flooring, shall be repaired or replaced.
A bathroom, kitchen, laundry or shower room shall have a floor covering of water-resistant material.
Every wall and ceiling finish shall be,
(a) Maintained so as to be easily cleaned; and
(b) Free of holes, cracks, loose coverings, mold or other defects.
When walls and ceilings are repaired, they shall be surfaced with a finish compatible with the
surrounding finishes.
Walls around a bathtub or shower shall be so maintained as to be water-resistant and readily
cleaned.
When walls, ceilings and columns of a storage garage have been painted, the surface shall be
repainted as necessary.
PLUMBING SYSTEMS
Plumbing Systems and Fixtures
15(1)
15(2)
15(3)
The plumbing system and every plumbing fixture in a building shall be maintained so as to properly
perform its intended function and be free from leaks and defects.
All water pipes and associated plumbing fixtures shall be protected from freezing.
The sanitary facilities of all buildings shall be connected to the Town’s sewer collection system or,
where this is unavailable, it shall be connected to a proper septic system acceptable to the District
Health Unit.
Page 16 of 36
Hot and Cold Water
15(4) Every dwelling shall be provided with an adequate supply of potable running water.
15(5) Every sink, washbasin, bathtub or shower required by this By-law shall have an adequate supply
of hot and cold running water.
15(6) Hot water as required in subsection 15(5) shall be supplied at a temperature of not less than 45
degrees Celsius (113 degrees Fahrenheit) and not more than 49 degrees Celsius (120 degrees
Fahrenheit) in a quantity of at least 165 litres (36 gallons) for 15 minutes with a minimum recovery
rate for the temperature of 45 litres (10 gallons) per hour.
15(7) Adequate running water shall be supplied to every water closet.
Dwellings and Dwelling Units
15(8) Every dwelling unit shall be provided with a supply of potable running water supplied from the
Town’s water distribution system or, where this is unavailable, from an approved source by the
District Health Unit.
15(9) A Dwelling unit shall contain at least the following working plumbing fixtures:
(a) A kitchen sink;
(b) a toilet;
(c) a hand washing basin; and
(d) a bathtub or shower.
Dwelling Egress
15(10) Every dwelling and each dwelling unit contained therein shall have a safe, continuous and
unobstructed passage from the interior of the dwelling unit to the exterior of the building at grade
level.
15(11) Every residence containing more than one dwelling unit shall have at least two (2) exits, both of
which may be common and one of which may be an exterior stair or fire escape. A single exit is
permitted from a dwelling unit where the path of egress is through an exterior door located at ground
level and under the immediate control of the occupants.
KITCHENS AND BATH OR SHOWER ROOMS AND TOILET ROOMS AND LAUNDRY FACILITIES
Kitchen
16(1) The following items in a kitchen shall be maintained in good repair or replaced:
(a) Cupboards, cupboard doors, and cupboard door hardware;
(b) Cupboard drawer cabinets, cupboard drawers, and cupboard drawer hardware; and,
(c) Counter tops.
16(2) Where appliances are provided, they must be maintained in good repair and in a safe condition.
Page 17 of 36
Bath or Shower Rooms, Toilet Rooms and Laundry Facilities
16(3)
16(4)
16(5)
16(6)
16(7)
16(8)
16(9)
The floor and the walls to a minimum height of 0.9 metres above the floor or bathtub of every bath
or shower room and toilet room shall be water-resistant and readily cleaned.
Every bath or shower room and toilet room shall:
(a) Be located within and accessible from the interior of the building;
(b) Be fully enclosed, having a door capable of being closed so as to provide privacy for the
occupant;
(c) Have permanent lighting installed;
(d) Be maintained so as to properly perform its intended function; and
(e) Be provided with one source of natural or mechanical ventilation.
A hand wash basin shall be located in the same room as each toilet or in an adjoining bath or
shower room, provided that no sink in a kitchen shall be considered a hand wash basin for the
purposes of this subsection.
No toilet or urinal shall be located within a habitable room except a bath or shower room, toilet room
or other habitable room not used frequently or for extended periods for living, eating or sleeping.
All laundry rooms shall be kept clean and free from health, fire or accident hazards.
All laundry appliances must be properly connected and dryers vented to the exterior of the
building.
Laundry rooms shall be maintained in a clean and sanitary condition, and all sinks provided in a
laundry room shall be connected to hot and cold running water and properly connected to the
drainage system.
16(10) Floors, walls and ceilings in bathrooms and laundry rooms shall be of material that is impervious to
17(1)
17(2)
17(3)
water and easily cleaned and sanitized.
HEATING, MECHANICAL SYSTEMS & FIRE PREVENTION
Every dwelling unit shall have a heating system installed that is capable of supplying during normal
hours of occupancy of the building sufficient heat to maintain a temperature of not less than 20
degrees Celsius measured at 1.5 metres above floor level and 1 metre from exterior walls in all
habitable rooms not including a habitable room not used frequently or for extended periods for
living, eating or sleeping.
Heating systems, hot water systems, ventilation / air conditioning systems and other mechanical
systems shall be maintained and operated in good working order and in a safe condition.
Combustible material shall be kept a minimum of 91.45 centimetres from any furnaces, stoves and
fireplaces.
Page 18 of 36
17(4) Except in the event of an emergency, auxiliary heaters shall not be used as the primary source of
heat within a building. Auxiliary heaters shall not be located so as to present a fire or safety hazard
or to impede the free movement of persons within the building or room where the heater is located,
and must be directly plugged into the wall.
17(5) Every fuel burning appliance shall be properly connected, exhausted and vented to the exterior to
ensure its safe operation.
17(6) A space that contains a heating unit shall have natural or mechanical means of providing the
required combustion air.
17(7) Containment for the storage of the fuel shall be properly constructed and maintained in a convenient
location so as to be free from hazards.
Chimneys, Flues and Vent Pipes
17(8) Every chimney, smoke pipe, vent, flue or similar apparatus serving a heating device or system shall
be:
(a) In good repair, securely anchored and plumb;
(b) Installed and maintained so as to prevent the escape of smoke or gases into the building;
(c) Free from loose or broken masonry;
(d) Free from open joints; and
(e) Clear of obstructions.
17(9) Chimneys that are no longer in use shall continue to be maintained to the standards prescribed in
Section 17(8) until such time as they are removed and the roof opening and properly sealed.
17(10) Fuel burning appliances or equipment used in a building shall be properly vented to the outside air
according to industry standards.
Fire Prevention Equipment
17(11) All fire prevention equipment, including sprinkler systems, fire hydrants, enunciator panels, fire
hoses and nozzles, smoke detectors, fire alarms and fire extinguishers shall be maintained in good
working order and free of impediments so as to effectively perform their intended function.
ELECTRICAL SERVICES & ELEVATORS
Electrical Service & Outlets
18(1) Every building and dwelling unit shall be wired for electricity and shall be connected to an operating
electric supply system.
18(2) Extension cords which are not part of a fixture shall not be permitted on a semi-permanent
or permanent basis where, in the opinion of the Officer, a hazardous condition exists.
18(3) The electrical wiring and all electrical fixtures located or used in a dwelling unit shall be
installed and maintained in good working order and in conformity with the regulations of the
Electrical Safety Authority.
Page 19 of 36
18(4) An adequate supply of electric power shall be available at all times in all parts of every
occupied dwelling unit except where the lease makes the tenant responsible for the supply
of electricity and where the supplier has discontinued the service because of arrears in
payment.
18(5) All artificial lighting standards, fixtures and connections installed in yards shall be kept in a safe
condition, good working order and in good repair.
Elevators
18(6) Subject to any orders issued by an inspector under the Technical Standards and Safety Act, 2000,
as amended, elevators, where provided, shall be maintained,
(a) In good working order and good repair; and
(b) In asafe condition.
18(7) The walls, floors and ceilings of elevators shall be kept clean and free from dirt or defacements.
18(8) Mechanical ventilation, where provided, shall be maintained in operable condition in an elevator.
18(9) Elevator buttons and floor indicators inside and outside all elevators shall be maintained in good
working order at all times.
LIGHTING & SIGNS
Lights
19(1) A stairway, exterior exit and entrance doorway, bath or shower room, toilet room, kitchen, corridor,
basement, laundry room and utility room in a building shall have permanent lighting installed, and
shall be maintained so as to properly perform its intended function.
19(2) A hallway, stairway, common area and underground parking area shall be illuminated so as to
provide safe passage.
19(3) Lighting, including flood lighting, required as a condition of site development or redevelopment,
shall be maintained so as to properly perform its intended function.
19(4) Subject to subsection 19(5), outdoor lighting shall be placed and maintained, or have a visual barrier
placed and maintained, so as to prevent or block direct illumination of the interior of a dwelling or
dwelling unit on adjoining properties regardless of whether such dwelling or dwelling unit has or
may have shades, drapes or other interior window coverings.
19(5) Subsection 19(4) does not:
(a) apply to lighting located by a road authority;
(b) apply to property owned or occupied by a municipal, provincial or federal government or
authority;
(c) require lighting used in conjunction with commercial, industrial, institutional, agricultural or
recreational uses to be turned off at any time when the use is actually occurring, but may
require the re-direction re-location or the placing of a visual barrier to comply with subsection
19(4); or
Page 20 of 36
(d) require lighting used to illuminate any area for emergency, security or public safety purposes
to be turned off any time the illumination is necessary for those purposes.
Signs
19(6) Signs and any fastening or supporting member that are damaged, broken or excessively weathered
or faded, or that have a worn, peeling or cracked finish shall be removed or refinished and put in
good state of repair so that the signs are free from defects or faded lettering.
19(7) Exterior signs that are unused, damaged or discarded shall be removed forthwith from the property,
or shall be stored within a building on the property.
ACCESSORY BUILDINGS & GANTRIES/TOWERS/MASTS/ANTENNAE
20(1) Accessory buildings and all other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
20(2) Accessory buildings and all other structures shall be maintained in a safe, hazard-free condition,
free from clutter or the accumulation of debris and waste.
20(3) All exterior exposed surfaces of accessory buildings or structures not inherently resistant to
deterioration shall be maintained so as to provide adequate protection from weather, pests or birds.
20(4) Accessory buildings and all other structures shall be kept so as not to present an unsightly
appearance.
Gantries, Towers, Masts and Antennae
20(5) Gantries, towers, masts and antennae and structures of similar character shall be maintained in
good repair and in a structurally sound condition so as not to become unsafe or hazardous.
SWIMMING POOLS, RECREATIONAL FACILITIES
Swimming Pools
21(1) Swimming pools, wading pools and ponds and any accessories thereto shall be maintained in good
repair, free from leaks, and free from health and safety hazards.
21(2) Swimming pools, wading pools and ponds shall be kept clean of stagnant water and any such areas
that are unkempt or unused shall be drained of all water found therein.
21(3) Plumbing fixtures and hydraulic lines servicing swimming pools shall be in good working condition.
21(4) No person shall excavate for or cause or permit excavation for any privately owned outdoor pool,
or erect or cause or permit the erection of any privately owned outdoor pool without first obtaining
a Swimming Pool Enclosure Permit from the Town.
Recreational Facilities
21(5) Recreational areas, rooms and other facilities for the indoor or outdoor use of the occupants
of a building shall be kept neat, clean and free of clutter, debris or waste.
21(6) Playground equipment and structures shall be repaired as necessary to maintain them in a
safe condition and in good working order.
Page 21 of 36
WALKWAYS, PARKING AREAS, DRIVEWAYS AND GARAGES
22(1) All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete,
interlocking brick or other consolidated material and shall be kept in good repair, free of potholes,
uneven sections, snow, ice, dirt, debris or litter.
22(2) All areas used for pedestrian traffic shall be maintained at all times so as to provide safe passage
under normal use and weather conditions.
22(3) Proper drainage shall be provided in all parking areas, driveways and walkways to prevent the
pooling of water on the site and the uncontrolled run off of water onto adjacent lands.
22(4) All lighting used to illuminate a parking area, driveway, walkway or the exterior of a building shall
be maintained in a safe, structurally sound condition and in working order. All fixtures shall be
installed so as to deflect the light away from adjacent properties.
22(5) Where speed bumps have been installed in driveways and parking areas, they shall be distinctively
marked so as to be clearly visible to approaching traffic.
22(6) Where walkways, driveways, and parking lots abut town sidewalks or curbs the grade shall be flush
to the existing infrastructure (ie sidewalks, curbs, and road edge).
22(7) All walkways that require a step or grade change shall be a minimum of 1.5 metres from the
backside of the sidewalk, and or 3 metres from the street or curb.
22(8) Crushed stone surfaces shall be maintained free of dust and spillover onto sidewalks or grass
surfaces.
Garages
22(9) A garage shall be so maintained as to prevent gas fumes and carbon monoxide from entering a
dwelling or a dwelling unit.
22(10) All areas of a garage shall be kept clean and free from clutter or the accumulation of debris or
conditions that might create a fire, health or accident hazard.
22(11) Garages shall be provided with a clear and unobstructed exit.
22(12) All parking garages shall be kept clear of any machinery, vehicles, boats, trailers or parts thereof
which are in an unusable, wrecked, unlicensed, discarded or abandoned condition.
22(13) If in the opinion of an Officer there is a doubt as to the structural adequacy or condition of a parking
garage or appurtenance, the Officer may order that an examination and written report be prepared
by a professional engineer licensed in Ontario.
Snow Removal
22(14) On private property, all walkways, exterior parking areas, laneways, and access routes to and from
buildings shall at all times be kept free from accumulations of ice and/or snow that create a hazard.
Page 22 of 36
23(1)
23(2)
23(3)
23(4)
23(5)
23(8)
23(7)
23(8)
23(9)
25(1)
25(2)
26(1)
STORM WATER, SEWAGE AND DRAINAGE
Except for established ponds and drainage works approved by the Town, ponding which creates a
health, safety, or accident hazard or creates a nuisance shall be eradicated by grading, filling or
otherwise draining the land.
Every property containing a building with a basement or cellar shall be graded and drained so as
to prevent the entry of water into the basement or cellar.
Sanitary sewage or waste water of any kind shall not be discharged onto the surface of the ground,
whether into a natural or artificial surface drainage system.
Water collected from the driveway, building or other structure or any other surface shall not be
drained to the sanitary sewer system unless otherwise approved by the Town.
Downpipes and discharge lines from sump pumps shall be provided and maintained so as to
discharge water run-off away from the building, and to prevent flooding and erosion or creation of
a safety hazard on neighbouring properties.
Direction or redirection of water from a roof, structure or alteration to property grades/terrain onto
an abutting property, which causes flooding, erosion, ponding, pooling or safety hazard, is
prohibited.
Catch basins on private property shall be kept in good repair and free of debris and obstructions
which would prevent them from functioning properly.
No person shall permit any lands under their control to become unhealthy, unsanitary or dangerous
owing to inadequate or improper drainage.
lf a property is regulated by Subdivision Agreement, Development Agreement, or Site Plan
Agreements, Sections 23 of this By-law shall not apply.
FENCES, BARRIERS AND RETAINING WALLS
A fence, barrier, including a visual barrier, or retaining wall shall be maintained so as to properly
perform its intended function.
Fences, barriers and retaining walls shall be maintained and:
(a) Safe and structurally sound;
(b) In good condition, protected by the application of paint or some other suitable protective
coating of uniform colour, or constructed of a material that is resistant to deterioration.
(c) Free of painted slogans, graffiti or other any other defacements.
GENERAL STANDARDS FOR ALL DESIGNATED HERITAGE PROPERTIES
In addition to the provisions of this By-law that apply to all properties, 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:
Page 23 of 36
26(2)
26(3)
26(4)
26(5)
26(6)
27(1)
27(2)
27(3)
(a) maintained, preserved and protected so as to prevent deterioration; and
(b) repaired in such a manner that minimizes damage to the heritage values and attributes
and maintains the design, colour, texture, grain or other distinctive features of the heritage
attribute.
In accordance with any applicable provisions of the Ontario Heritage Act:
(a) where subsection 26(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 26(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, style, texture and any other
distinctive feature as the original material or in such a manner as to replicate the design,
style, texture and any other distinctive feature of the original material.
In addition to the provisions of this By-law that apply to all properties, a part of a Part IV heritage
property or a Part V heritage property, including but not limited to a roof, wall, floor, retaining wall
or foundation, that supports or protects a heritage attribute 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.
Paragraph 26(3) shall be complied with in a manner that minimizes damage to the heritage
attribute.
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 from the entry of
unauthorized persons by closing and securing openings to the building with the prescribed
measures in specified in subsection 27(3)(a).
Despite any other provision of this By-law or the Building Code Act, 1992, where a designated
heritage property is vacant, the owner shall ensure that appropriate utilities serving the property
are connected, as required, in order to provide, maintain, and to monitor proper heat and
ventilation to prevent damage to the character defining elements caused by environmental
conditions.
VACANT AND/OR DAMAGED BUILDINGS
In addition to complying with all other applicable provisions of this By-law, the owner of building that
is vacant or is damaged by accident, storm, fire, neglect or otherwise shall comply with this section.
Where any building is vacant or is damaged by accident, storm, fire, neglect or otherwise, the owner
shall protect such building against damage arising from the entry of unauthorized persons by closing
and securing openings to the building.
For the purposes of subsection 27(2), doors, windows, hatches and other openings through are
required to be maintained, as to properly perform their intended function and secured from
unauthorized entry, or shall be closed and secured with:
Page 24 of 36
(a) wood sheathing of at least 12.7 mm plywood which is weather resistant, 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 and in accordance with the following;
i) windows opening shall be painted matted black to resemble window glass;
ii) door openings shall be painted a colour that matches the colour of the original door or
approved colour by the Town’s By-law Enforcement Officer;
iii) opening other than a window or door openings shall be treated so that the colour
matches
the colour of the surrounding exterior of the building;
iv) fastened securely with screws at least 50 mm in length and installed at appropriate
intervals on centre.
(b) metal sheathing which is weather resistant, completely covers the opening, where possible, is
installed within the reveal of the exterior cladding, and is securely fastened to the building; or
(c) brick or concrete block and mortar which completely covers the opening, and is securely
fastened to the building.
27(4) The options available in 27(3) shall be considered progressively more secure with (c) being the
most secure, and the minimum standard imposed by subsection 27(3) shall be considered not to
include the use of a less secure options which has, more than once, failed to exclude unauthorized
entry.
27(5) At any time where there are circumstances to support a more secure option, including an option
that is more secure than those listed in subsection 27(3), the owner shall supply such more secure
option as may be required by a Property Standards Order.
27(6) The exterior walls, roof and other surfaces of a building that is vacant or is damaged by accident,
storm, fire, neglect or otherwise shall be maintained so as to properly perform their intended
function.
7(7) Vacant buildings shall be kept cleared of all debris and waste and shall have all water, electrical
and gas services disconnected except those services that are required for the security and
maintenance of the property.
27(8) Vacant buildings shall be kept cleared of debris and waste and shall be maintained to prevent fire,
health or accident hazards.
27(9) Where a vacant or damaged building that is not maintained or fixed in accordance with this By-law,
it shall be remedied. Vacant buildings that have not been remedied to the satisfaction of the Property
Standards Officer shall be removed from the property and the land shall be left in a graded level
condition.
DEMOLITION
28 (1) No person shall commence, conduct or permit to be commenced or conducted any work in the
nature of demolition or removal of a building or part thereof, unless a demolition permit has been
Page 25 of 36
28(2)
28(3)
29(1)
obtained from the Town; the demolition permit must be posted in a visible location on the demolition
site.
The Owner of any building or part thereof being demolished shall leave any remaining wall or walls
(including any former party wall or walls, whether separately or jointly owned) structurally sound,
weather tight, and in a safe condition.
Upon completion of demolition, the entire site shall be cleared and cleaned of all debris and waste,
left free from holes or excavations and provided and maintained with a suitable ground cover.
ADMINISTRATION AND ENFORCEMENT
Where an officer has determined that a complaint has been filed for a malicious or vexatious
reason or as part of an ongoing pattern of harassment and does not involve a matter of serious
health or safety the officer may after conferring and confirming with the Director cease the
investigation and close the file with no further action taken. The officer shall then advise the
complainant of this in writing.
Director and Officers
29(2)
29(3)
29(4)
30(1)
30(2)
The Director 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.
Persons appointed or assigned the responsibility of administering or enforcing this By-law and the
applicable provisions of the Building Code are officers, and have the authority to carry out such
responsibilities.
No person shall obstruct or attempt to obstruct an Officer or a person acting under the Officer's
instructions, in the exercise of their duties.
PROPERTY STANDARDS ORDER
lf, after inspection, an officer is satisfied that in some respect the property does not conform with
the standards prescribed in this By-law, they 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.
The order referred to in subsection 32(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
Page 26 of 36
30(3)
31(1)
31(2)
31(3)
31(4)
31(5)
32(1)
(e) Be served or caused to be served:
(i) by personal service; or
(ii) 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.
For the purposes of paragraph 30(2)(e)(ii), “last Known address” of the owner includes but is not
limited to the address provided to the Town for the payment of property taxes for the property or
the address for service on the title document for the property.
APPEAL OF A PROPERTY STANDARDS ORDE
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 as set out in the as set out in Schedule “A”
as pursuant to the User Fees and Charges By-law, by registered mail to the secretary of the
Committee within 14 days after being served with the order.
A Property Standards Order that is not appealed within the time referred to in subsection 31(1) is
deemed to be confirmed.
If an appeal is taken, the Committee shall hear the appeal in accordance with section 37 and shall
have all the powers and functions of the officer who made the Property Standards Order.
The Town or an owner or occupant or person affected by a decision under subsection 31(3) may
appeal to a Judge of the Superior Court of Justice, who has the same powers and functions as the
Committee, by notifying the Town Clerk in writing and by applying to the Superior Court of Justice
for an appointment within 14 calendar days after the Committee has sent a copy of the decision.
A Property Standards Order that is deemed to be confirmed or modified by the Committee or Judge,
shall be final and binding upon the owner and occupant who shall carry out the repair or demolition
within the time and in the manner specified in the order.
COMPLIANCE
An owner or occupant of a property shall:
(a) comply with all standards prescribed in this By-law;
(b) comply with a Property Standards Order or any other order made under this By-law;
(c) ensure that compliance with this By-law is carried out in a manner that avoids dangerous
conditions to the owner, occupants or visitors to the property or that adequate warning is
given where such dangerous conditions are unavoidable.
Offences and Fines
32(2)
A 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 of not more than $50,000 for a first offence and to a fine of not
more than $100,000 for any subsequent offence.
Page 27 of 36
32(3) If a corporation is convicted of failing 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, the maximum penalty
that may be imposed on the corporation is $100,000 for a first offence and $200,000 for any
subsequent offence.
Power of Town to Repair or Demolish
32(4) If the owner or occupant of a property fails to comply with a final and binding Property Standards
Order, the Town may cause the property to be repaired or demolished in accordance with such
order.
32(5) The Town 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 municipality in the reasonable
exercise of its powers under subsection 32(4).
32(6) Upon completion of the work necessary for compliance with the Property Standards Order under
subsection 32(4), the Town shall have a lien on the property for the amount spent on the repair or
demolition and the amount shall have priority lien status as described in section 1 of the Municipal |
Act, 2001 which, amongst other things, means the amount may be added to the tax roll for the
property and collected as property taxes, plus administrative fees.
Certificate of Compliance
32(7) An Officer who, after inspecting a property, is of the opinion that the property is in compliance with
the standards established in this By-law may issue a certificate of compliance to the owner.
32(8) An Officer shall issue a certificate of compliance to an owner who requests such a certificate and
who pays the fee set out in Schedule “A” as pursuant to the User Fees and Charges By-law after
inspecting the property, only if the Officer is of the opinion that the property is in compliance with
this By-law.
Registration of Property Standards Order
32(9) A final and binding Property Standards Order may be registered in the Land Registry Office on title
to the property to which it applies and, upon such registration, any person acquiring any interest in
the property subsequent to the registration of the order shall be deemed to have been served with
the order on the day on which the order was served.
32(10) Where a final and binding Property Standards Order is registered on title at the Land Registry
Office, the owner is responsible to pay the fee set out in Schedule “A” as pursuant to the User
Fees and Charges By-law.
32(11) Where an officer determines there is compliance under this By-law with a Property Standards Order
issued and registered on the title to a property, the Manager or Director on behalf of the Town Clerk
shall forthwith register in the Land Registry Office a certificate that such requirements have been
satisfied, which shall operate as a discharge of such order.
32(12) An owner or occupant may apply for a discharge of a Property Standards Order issued and
registered on title to a property by submitting a completed application form and paying the
applicable fee as set out in Schedule “A” as pursuant to the User Fees and Charges By-law, and
where, upon inspection of the property by an officer, compliance with the order is found, the
discharge shall be registered by the Director on behalf of the Town Clerk.
Page 28 of 36
33(1)
33(2)
33(3)
34(1)
34(2)
34(3)
EMERGENCY POWERS
Notwithstanding any other provisions in this By-law, if upon inspection of a property, the officer is
satisfied that there is non-conformity with the standards prescribed in the By-law to such an extent
as to pose an immediate danger to health or safety of any person, the officer may make an order
containing particulars of the non-conformity and requiring immediate remedial repairs or other work
to be carried out forthwith to terminate the danger.
After making an order under section 33(1), the officer may, either before or after the order is served,
take or cause to be taken any measures considered necessary to terminate the danger and for this
purpose the Town has the right, through its employees or agents, to enter upon the property at any
reasonable time.
The officer, Town, or anyone acting on behalf of the Town is not liable to compensate the owner,
occupant, or any other person by reason of anything done by or on behalf of the Town in the
reasonable exercise of its powers under section 33(1).
RIGHTS TO ENTER AND TO INSPECT
An officer acting under this By-law may, at any reasonable time and upon producing proper
identification, enter upon a property without a warrant for the purpose of inspecting the property to
determine:
(a) Whether the property conforms with the standards prescribed in this By-law, or
(b) Whether a Property Standards Order has been complied with.
Despite subsections 34(1), an officer shall not enter or remain in any room or place actually used
as a dwelling unless:
(a) The consent of the occupant is obtained, the occupant first having been informed that the
right of entry may be refused and entry made only under the authority of a warrant issued
under the Building Code;
(b) A warrant issued under the Building Code is obtained:
(c) The delay necessary to obtain the consent of the occupant or a warrant would result in
immediate danger to the health or safety of any person;
(d) The entry is necessary to terminate a danger under subsection 15.7(3) of the Building Code;
or
(e) The entry is necessary to repair or demolish under subsection 34(4) and, within a
reasonable time before entering the room or place to be repaired or demolished, the officer
serves the occupant with notice of his or her intention to enter it.
For the purposes of an inspection under subsection 34(1), an officer may,
(a) Require the production for inspection of documents or things, including drawings or
specifications, that may be relevant to the property or any part thereof;
(b) Inspect and remove documents or things relevant to the property or part thereof for the
purpose of making copies or extracts;
Page 29 of 36
34(4)
34(5)
35(1)
35(2)
35(3)
35(4)
35(5)
35(6)
35(7)
35(8)
35(9)
(c) Require information from any person concerning a matter related to a property or part
thereof;
(d) Be accompanied by a person who has special or expert knowledge in relation to a property
or part thereof;
(e) Alone or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection; and
(f) Order the owner of the property to take and supply at the owner’s expense such tests and
samples as are specified in the order.
Any cost incurred by the Town in exercising its authority to inspect under paragraph 34(3) including
but not limited to the cost of any examination, test, sample or photograph necessary for the
purposes of the inspection, shall be paid by the owner or occupant of the property where the
inspection takes place.
An employee or agent of the Town may enter property at any reasonable time without a warrant for
the purposes of causing the property to be repaired or demolished pursuant to section 34(4) in
accordance with a final and binding Property Standards Order.
PROPERTY STANDARDS COMMITTEE
A Committee to be known as the Property Standards Committee of the Town of Smiths Falls is
established.
The Committee shail consist of 5 residents of, or property owners in the Town, to be appointed by
Council with a 4-year term which coincides with Term of Council, or such shorter term as may be
determined by Council.
Despite subsection 35(2), a member of the Committee shall hold office until his or her successor
has been appointed.
Town Council shall forthwith fill any vacancy that occurs in the membership Committee.
A member of the Town Council or a Town employee or of a local board thereof is not eligible to be
a member of the Committee.
The members shall elect a chair from among themselves; when the chair is absent through illness
or otherwise, the committee may appoint another member as acting chair.
The members shall provide for a secretary for the Committee, said Secretary being an employee
of the Town.
The Secretary shall keep on file minutes and records of applications and the decisions thereon and
all other official business of the Committee.
A majority of members shall constitute a quorum for transacting the Committee’s business.
35(10) The duties and responsibilities of the Property Standards Committee shall be as dictated in the
Building Code Act.
Page 30 of 36
ORDERS, PROCEEDINGS AND OTHER ACTIONS CONTINUED, AND HEARINGS
Continuation
36(1)
Any order issued, proceeding being conducted or other action being carried out under By-law
No 7766-2003, as amended, shall be deemed to continue under this By-law, and any reference to
By-law No. 7766-2003, as amended, in such order, proceeding or other action shall be deemed to
refer to this By-law.
Hearing
37(1)
37(2)
37(3)
37(4)
37(5)
The secretary of the Committee, in receipt of the notice of appeal, shall
a) Determine the date, place and time of the hearing of the appeal which shall take place not
less than seven (7) days and not more than thirty (30) days from the date of receipt of the
aforesaid notice; and
b) Give notice in writing, via registered mail, of the date, place and time of the hearing referred
to in paragraph (a) to:
i. the appellant;
ii. the Officer who issued the order; and,
ii. Any other interested persons who the Committee considers should receive
the notice.
The Committee shall hold the hearing referred to in Section 37(2) at the date, place and time set
out in the notice.
The Committee may adopt its own rules of procedure.
The applicant may appear with or without counsel at the hearing, to present the appeal.
The Town may be represented at the hearing by the Town Solicitor or duly authorized assistant
who is entitled to reply to the appeal presented on behalf of the applicant.
Decision of the Committee
37(6)
37(7)
37(8)
The Committee may,
a) Confirm, modify or rescind the order to demolish or repair; or
b) Extend the time for complying with the order.
The Committee shall give its decision in writing.
The secretary of the Committee, by causing a copy to be served personally or by registered mail in
accordance with the provisions of section 27 of the Building Code Act, shall notify:
a) The appellant;
b) The Officer who issued the order; and
C) Any other person who appeared at the hearing of the appeal of the decision.
Page 31 of 36
38(1)
38(2)
SEVERANCE AND CONFLICT
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.
Where a provision of this By-law conflicts with the provision of another By-law, Act or regulation in
force within the Town, the provision that establishes the higher standard to protect the health, safety
and welfare of the general public prevails.
Page 32 of 36
REPEAL AND COMING INTO FORCE
NOW THEREFORE the Council of the Corporation of the Town of Smiths Falls enacts as follows:
THAT By-laws 7766-2003, 8038-2007, 8123-2008, and 8723-2014 are hereby repealed.
THAT the provisions of this By-law shall come into force and take effect upon the passing thereof.
Read a first and second time this 6 day of February, 2023
Read a third time and passed this 6 day of February, 2023
y
Clerk
hon duct le
id
Page 33 of 36
Schedule “A”
Fee Schedule
Service Fee Approved Fee
Re-Inspection (Per visit) $80.00
. . . ; $40.00 Per Hour
Admin Fee during Site cleanups/remedial work (2 Hour Min.)
Order to Comply $200.00
Compliance Report $35
Appeal an Order to Property Standards Committee $150.00
Title Search $115.00
Register & Discharge an order from Title $660.00
Page 34 of 36
SMITHS FALLS
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
PURSUANT TO SECTION 15.3 OF THE ONTATIO BUILDING CODE ACT
To: Secretary/Property Standards Committee File#
Town of Smiths Falls
Box 695, 77 Beckwith St N,
Smiths Falls, ON K7A 4T6
RE: Order to Remedy Violation of Property Standards at:
ORDER NUMBER: DATE ORDER ISSUED: ROLL NUMBER:
ADDRESS TO WHICH ORDER APPLIES: LEGAL DESCRIPTION:
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.
OWNER/AGENT: PHONE NUMBER:
STREET: E-MAIL ADDRESS:
CITY & PROVINCE: POSTAL CODE:
Reason(s) for appeal & why existing provisions cannot be adhered to:
Appeal to Property Standards Committee
“An owner or occupant who has been served with an order made under subsection 15.2 (2) and who is
not satisfied with the terms or conditions of the order may appeal to the committee by sending a notice of
appeal by registered mail to the secretary of the committee within 14 days after being served with the
order.” Building Code Act, So.1992. Chapter 23 Section 15.3(1)
Note: Pursuant to Schedule “A” non-refundable fee of $150.00 must accompany this application.
Dated at Smiths Falls this day of 20
Signature of Appellant or Agent or Solicitor
Page 35 of 36
SMITHS FALLS
DECISION OF PROPERTY STANDARDS COMMITTEE
FOLLOWING APPEAL OF ORDER TO REMEDY VIOLATION
To: File#
RE: Order to Remedy Violation of Property Standards at:
ORDER NUMBER: DATE ORDER ISSUED: ROLL NUMBER:
ADDRESS TO WHICH ORDER APPLIES: LEGAL DESCRIPTION:
The decision of the Property Standards Committee in regards to the Appeal is as follows.
Date of Decision . Signature of Committee Chairman
Date Decision Sent Signature of Committee Secretary
Appeal to Ontario Court:
“The municipality in which the property is situate or any owner or occupant or person affected by a
decision under subsection (3.1) may appeal to the Superior Court of Justice by notifying the clerk of the
municipality in writing and by applying to the court within 14 days after a copy of the decision is sent.”
Ontario Building Code Act, 1992 S.O. 1992, CHAPTER 23 Section 15.3 (4)
Page 36 of 36