This is the exact embedded text of the captured official document.
Snapshot 36bee9c3b225 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Corporation of the Municipality of South Huron
By-Law No. 41-2002
Property Standards By-Law
Whereas under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a by-law 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 Municipality of South Huron includes provisions
relating to property conditions;
And Whereas the Council of The Municipality of South Huron is desirous of passing a by-law
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 by-law
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 Municipality of South Huron hereby enacts the following:
Part I
General
1.01
This By-law may be cited as the "Property Standards By-Law".
1.02
In this By-law, the word "shall" is mandatory and not discretionary, words in the plural
include the single number and words in the present tense include the future tense.
1.03
The provisions of this By-law shall apply to all properties within the boundaries of the
Corporation of the Municipality of South Huron.
1.04
No property within the Municipality of South Huron shall be used and no building or
structure shall be erected, altered, enlarged, maintained or used for any purpose except in
conformity with the provisions of this By-law.
1.05
Should any section, clause or provision of this By-law be held by a court of competent
jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected.
1.06
This By-law shall come into full force and effect as of the date of passing hereof.
Part II
Definitions
In this by-law:
2.01 "Accessory Building" means a detached building or structure, not used for human
habitation, that is subordinate to the primary use of the same property.
2.02 "Apartment Building" means a building containing more than four dwelling units with
individual access from an internal corridor system.
2.03 "Approved" means acceptance by the Property Standards Officer.
2.04 "Basement" means that portion of a building between two floor levels which is partly
below finished grade level but which has fifty percent (50%) or more of its height from finished
floor to finished ceiling above adjacent grade level in which the height from adjacent finished
grade level to the ceiling is less than 1.8 metres.
2.05 "Bathroom" means a room containing a bathtub or shower with or without a water closet
and
basin.
2.06 "Boarding House" means any house or building or portion thereof in which the proprietor
supplies for hire or gain, lodgings with or without meals, for three (3) or more persons.
2.07 "Cellar" means that portion of a building between two floor levels which has more than
fifty
percent (50%) of its height from finished floor to finished ceiling below adjacent grade level.
2.08 "Committee" means the Property Standards Committee herein established pursuant to the
authority of Section 15.6 of the Building Code Act.
2.09 "Crawl Space" means an enclosed space between the underside of a floor assembly and
the
ground cover directly below, with a clearance less than 1.8 M (5' 11") in height.
2.10 "Commercial Property" means a property used for the sale of goods or services and for
the
purposes of this By-law shall include office buildings, public halls, licensed premises and private
clubs, and any building that is used in conjunction with these uses.
2.11 "Dwelling" means a building or structure or part of a building or structure, occupied or
capable of being occupied, in whole or in part for the purpose of human habitation.
2.12 "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.
2.13 "Finished Grade Level" means the average elevation of the finished surface of the ground
abutting the external walls of a building or structure, exclusive of any embankment in lieu of
steps.
2.14 "Fire-Resistance Rating" means time in hours or parts thereof that a material,
construction or assembly will withstand fire exposure, as determined in a fire test made in
conformity with generally accepted standards or as determined by extension or interpolation of
information derived therefrom.
2.15 "First Storey" means that part of a building having a floor area closest to grade with a
ceiling height of more than 1.8 M (5' 11" ) above grade.
2.16 "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.
2.17 "Habitable Room" means any room in a dwelling unit used for or capable of being used
for living, cooking, sleeping or eating purposes.
2.18 "Industrial Property" means a property for the manufacturing or processing of goods or
used for the storage of goods or raw materials and any property that is used in conjunction with
these uses.
2.19 "Lot" means a parcel of land which has continuous frontage on a street, the boundaries of
which are defined in the last registered instrument by which legal or equitable title to the said
parcel was lawfully and effectively conveyed.
2.20 "Lot Line Front" means a lot line that divides a lot from a street, provided that in the case
of
a corner lot, the shorter lot line that abuts a street shall be deemed to be the front lot line and the
longer lot line that so abuts shall be deemed to be the side lot line of the lot.
2.21 "Lot Line Rear" means the lot line opposite the front lot line.
2.22 "Lot Line Side" means any lot lines other than the front lot line and the rear lot line.
2.23 "Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit
facility used for the escape of persons from any point within a building, a floor area, a room, or a
contained open space to a public thoroughfare or an approved area of refuge usually located
outside the building.
2.24 "Multiple Dwelling" means a building containing three (3) or more dwelling units.
2.25 "Motor Vehicle" means any form of transportation for humans, designed to be propelled
or
driven otherwise than by muscular power, but does not include the cars of electric or steam
railways or other motor vehicles running upon rails.
2.26 "Non-Habitable Room" means any room in a dwelling or dwelling unit other than a
habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway,
closet, boiler room, or other space for service and maintenance of the dwelling for public use,
and for access to and vertical travel between storeys, and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this By-law.
2.27 "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.
2.28 "Occupant" means any person or persons over the age of eighteen (18) years in possession
of a property.
2.29 "Owner" includes 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 his own account or as agent or
trustee of any other person or who would so receive the rent if such land and premises were let
and shall also include 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, and includes the assessed owner and, for the purposes of this By-law,
all persons shown by the records in the Registry Office or the Land Titles Office, to have an
interest in said property.
2.30 "Person" means an individual, firm, corporation, association or partnership.
2.31 "Property Standards Officer" means any Property Standards Officer or Assistant
Property Standards Officer who may, from time to time, be appointed by the Council of the
Corporation of the Municipality of South Huron to administer and enforce this By-law.
2.32 "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, retaining walls and erections thereon whether heretofore or
hereafter erected and includes vacant property.
2.33 "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 standard
established in this By-law. All new construction or repairs shall conform to the Ontario Building
Code, Ontario Fire Code and the Fire Prevention and Protection Act where applicable.
2.34 "Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare and serve meals,
and includes any lands or buildings that are appurtenant to such establishment and all stairways,
walkways, driveways, parking spaces, and fences associated with the dwelling or its yard.
2.35 "Sewerage System"
(a)
"Sanitary Sewer" means a sewer, the purpose of which is to carry sewage and to
which storm and surface water shall not be admitted.
(b)
"Storm Sewer" means a sewer, the purpose of which, as certified by the Town
Engineer, is to carry storm and surface water and drainage, but not sewage.
(c)
"Sewage" means any one or any combination of sanitary sewage or industrial
wastes or both.
(d)
"Private Disposal System" means a system designed for the collection and
disposal of sanitary sewage on private property and approved by the Medical
Officer of Health.
(e)
"Plumbing System" means, severally and individually, the water distribution
system, all fixtures and fixture traps, drainage system, the building sewer and
private sewage disposal system, all leaders, together with all their devices,
appurtenances and connections.
2.36 "Standards" means the standards of the physical condition and of occupancy prescribed
for property by this By-Law.
2.37 "Street" means a public highway which affords a principal means of access to abutting
lots.
2.38 "Toilet Room" means a room containing a water closet and a wash basin.
2.39 "Walk" means a route of access surfaced with gravel, stone, wood, asphalt, cement or
other
similar material approved by the Property Standards Officer.
2.40 "Wall, Main (Main Wall)" means an outside wall of a building which supports a roof and
shall include a wall under a gable end.
2.41 "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 III
General Standards for All Properties
3.01 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. All new
construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the
Fire Prevention and Protection Act where applicable.
Yards
3.02.1 Every yard, including vacant lots shall be kept clean and free from:
(1) rubbish, garbage, debris, and from objects or conditions that might create a
health, fire or accident hazard;
(2) heavy undergrowth and noxious plants, including but not limited to ragweed,
poison ivy, poison oak and poison sumac and shall be eliminated from any
yard as defined by the Weed Control Act;
(3) grass or weeds growing to a height or standing at a height in excess of 25 cm
(10 ") on any property;
(4) dilapidated, collapsed or partially constructed structures which are not
currently under construction;
(5) injurious insects, termites, rodents, vermin or other pests;
(6) dead, decayed or damaged trees in an unsafe condition or other natural growth;
(7) dead, decayed or decaying carrion, fowl or fish etc., and
3.02.2 No yard shall be used for the parking or storage of;
(1) a motor vehicle which is not operative or which is not currently licensed
pursuant to the provisions of the Highway Traffic Act or amendments thereto
for the Province of Ontario, or
(2) a motor vehicle which has had part or all of its superstructure or source
of motor power removed
(3) any vehicle, boat, trailer or part of any vehicle, boat or trailer, which is in a
wrecked, discarded, dismantled, partly dismantled, or abandoned condition
shall not be stored or left in a yard, but this shall not prevent the occupant of
any premises from repairing a vehicle for his own use and not for commercial
purposes while such repair is actively carried on.
Surface Conditions
3.03 Surface conditions of yards shall be maintained so as to:
(1) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements;
(4) not exhibit an unsightly appearance;
(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day or night; and
(8) not to create a nuisance to other property.
Sewage and Drainage
3.04 Sewage or organic waste and gray water shall be discharged into a sewage system where
such a system exists, where a sewage system does not exist, sewage or organic waste shall be
disposed of in a manner acceptable to the Huron County Health Unit.
3.05 Sewage of any kind shall not be discharged onto the surface of the ground, whether into a
natural or artificial surface drainage system or otherwise.
3.06 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property.
Parking Areas, Walks and Driveways
3.07 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,
concrete, or compacted stone or gravel and shall be kept in good repair, free of dirt and litter.
3.08 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as
to afford safe passage under normal use and weather conditions day or night.
Accessory Buildings, Fences and Other Structures
3.09 Accessory buildings, fences and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
3.10 Accessory buildings, fences, and other structures shall be protected from deterioration by
the application of appropriate weather resistant materials including paint or other suitable
preservative and shall be of uniform colour unless the aesthetic characteristics of said structure
are enhanced by the lack of such material.
Garbage Disposal
3.11 Every building, dwelling, and dwelling unit shall be provided with a sufficient number of
suitable receptacles to contain all garbage, refuse and ashes that may accumulate on the property
between the regularly designated collection days. Such receptacles shall be constructed of
watertight material, provided with a tight fitting cover, and shall be maintained in a clean and
odour free condition at all times.
3.12 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made
available for removal in accordance with the municipal garbage collection schedule.
3.13 Garbage storage areas shall be screened from public view.
Compost Heaps
3.14 The occupant of a residential property may provide for a compost heap in accordance with
the
health regulations, provided that the compost pile is no larger than one square metre and 1.8 M
(5' 11") in height and is enclosed on all sides by concrete block, or lumber, or in a 205 litre
(45 gallon) container, a metal frame building with a concrete floor, or a commercial plastic
enclosed container designed for composting.
Part IV
Residential Standards
General Conditions
4.01 Every tenant, or occupant or lessee of a residential property shall maintain the property or
part thereof and the land which they occupy or control, in a clean, sanitary and safe condition
and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws.
4.02 Every tenant, or occupant or lessee of a residential property shall maintain every floor, wall,
ceiling and fixture, under their control, including hallways, entrances, laundry rooms, utility
rooms, and other common areas, in a clean, sanitary and safe condition.
4.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress
shall not be permitted.
Pest Prevention
4.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods used for
exterminating such pests shall be in accordance with the provisions of the Pesticides Act.
4.05 Openings, including windows, that might permit the entry of rodents, insects, vermin or
other pests shall be appropriately screened or sealed.
Structural Soundness
4.06 Every part of a dwelling shall be maintained in a structurally sound condition so as to be
capable of safely sustaining its own weight load and any additional load to which it may be
subjected through normal use, having a level of safety as required by the Ontario Building Code.
4.07 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly
secured objects or materials.
4.08 Basement Floors:
a) A basement, cellar or crawl space which is not served by a stairway leading from a dwelling
or from outside a dwelling may have a dirt floor provided it is covered with a moisture-proof
covering.
b) A basement or cellar in any building erected or altered after the passing of this By-law
which is served by a stairway leading from a dwelling or from outside a dwelling shall have a
concrete floor.
Foundations
4.09 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects,
rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent
settling, installing sub soil drains, where necessary, at the footings, grouting masonry cracks,
dampproofing and waterproofing walls, joints, and floors.
4.10 Every dwelling, except for slab on grade construction, shall be supported by foundation
walls or piers which extend below the frost-line, or to solid rock.
Exterior Walls
4.11 Exterior walls of a dwelling and their components, including soffits, fascia, shall be
maintained in good repair free from cracked, broken or loose masonry units, stucco, and other
defective cladding, or trim. Paint or some other suitable preservative or coating must be applied
and maintained so as to prevent deterioration due to weather conditions, insects or other damage.
4.12 Exterior walls of a dwelling and their components shall be free of unauthorized signs,
painted slogans, graffiti and similar defacements.
Windows and Doors
4.13 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good
repair, weather tight and reasonably draught-free, to prevent heat loss and infiltration by the
elements. Maintenance includes painting, replacing damaged doors, frames and other
components, window frames, sashes and casings, replacement of non-serviceable hardware and
reglazing where necessary. Where screening is provided on windows and doors it shall also be
maintained in good repair.
4.14 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall
have suitable hardware so as to allow locking or otherwise securing from inside the dwelling
unit. All entrance doors to a dwelling unit/habitable space shall have dead bolts so as to permit
locking or securing from either inside or outside the dwelling unit.
4.15 Solid core doors shall be provided for all entrances to dwellings and dwelling units.
4.16 In residential buildings where there is a voice communication unit working in conjunction
with a security locking and release system controlling a particular entrance door and installed
between individual dwelling units and a secured entrance area, the said system shall be
maintained in good working order at all times.
4.17 Every window in a leased dwelling unit that is located above the first storey of a multiple
dwelling shall be equipped with an approved safety device that would prevent any part of the
window from opening greater than would permit the passage of a 100 mm (4") diameter sphere.
Such safety device shall not prevent the window from being fully opened during an emergency
situation by an adult without the use of tools.
Roofs
4.18 Roofs of dwellings and their components shall be maintained in a weather tight condition,
free from loose or unsecured objects or materials.
4.19 The roofs of dwellings and accessory buildings shall be kept clear of unsafe accumulations
of ice or snow or both.
4.20 Where eavestroughing, roof gutters, are provided they shall be kept in good repair, free
from obstructions and properly secured to the building.
Walls, Ceilings and Floors
4.21 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls surrounding
showers and bathtubs shall be impervious to water.
4.22 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be
free of all loose, warped, protruding, broken, or rotted boards or other material that might cause
an accident or allow the entrance of rodents and other vermin or insects.
4.23 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room shall be
maintained so as to be impervious to water and readily cleaned.
Stairs, Porches and Balconies
4.24 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be
free of holes, cracks, and other defects which may constitute accident hazards. Existing stair
treads or risers that show excessive wear or are broken, warped or loose and any supporting
structural members that are rotted or deteriorated shall be repaired or replaced.
Guardrails
4.25 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")
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.
Kitchens
4.26 Every dwelling shall contain a kitchen area equipped with:
(a) a sink that is served with hot and cold running water and is surrounded by surfaces
impervious to grease and water;
(b) suitable storage area of not less than 0.23 cubic metres (8 cubic feet);
(c) a counter or work area at least 600 mm (24") in width by 1,200 mm (48") in length,
exclusive of the sink, and covered with a material that is impervious to moisture and
grease and is easily cleanable; and
(d) a space provided for cooking and refrigeration appliances including the suitable
electrical or gas connections.
Toilet and Bathroom Facilities
4.27 Every dwelling unit shall contain a bathroom consisting of at least one fully operational
water closet, wash-basin, and a bathtub or suitable shower unit. Every wash-basin and bathtub or
shower shall have an adequate supply of hot and cold running water. Every water closet shall
have a suitable supply of running water.
4.28 Every required bathroom or toilet room shall be accessible from within the dwelling unit
and shall be fully enclosed and provided with a door capable of being locked so as to allow
privacy for the persons using said room.
4.29 Where toilet or bathroom facilities are shared by occupants of residential accommodation,
other than self-contained dwelling units, an appropriate entrance shall be provided from a
common passageway, hallway, corridor or other common space to the room or rooms containing
the said facilities.
Plumbing
4.30 Each wash-basin, a bathtub or shower, and one kitchen sink shall be equipped with an
adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of
not less than 43 degrees Celsius (110° F).
4.31 Every dwelling unit shall be provided with an adequate supply of potable running water
from a source approved by the Medical Officer of Health.
4.32 All plumbing, including drains, water supply pipes, water closets and other plumbing
fixtures shall be maintained in good working condition free of leaks and defects and all water
pipes and appurtenances thereto shall be protected from freezing.
4.33 All plumbing fixtures shall be connected to the sewerage system through water seal traps.
4.34 Every fixture shall be of such materials, construction and design as will ensure that the
exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily
accessible for cleansing and free from blemishes, cracks, stains, or other defects that may harbour
germs or impede thorough cleansing.
Electrical Service
4.35 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an
approved electrical supply system.
4.36 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in
dwellings, dwelling units and accessory buildings shall be installed and maintained in good
working order so as not to cause fire or electrical shock hazards. All electrical services shall
conform to the regulations established by the Power Corporations Act, as amended.
4.37 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each
11.1 square metres (120 sq. ft.) of floor space and for each additional 9.3 square metres (100 sq.
ft.) of floor area, a second duplex outlet shall be provided. Extension cords shall not be used on
a permanent basis.
4.38 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and
non-habitable work or storage room shall be provided with a permanent light fixture.
4.39 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways,
stairways, corridors, passage ways, garages and basements, shall provide sufficient illumination
so as to avoid health or accident hazards in normal use.
Heating, Heating Systems, Chimneys and Vents
4.40 Every dwelling and building containing a residential dwelling unit or units shall be
provided with suitable heating facilities capable of maintaining an indoor ambient temperature of
21 degrees Celsius (70° F.) in the occupied dwelling units. The heating system shall be
maintained in good working condition so as to be capable of safely heating the individual
dwelling unit to the required standard.
4.41 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and
maintained to the standards provided by the Energy Act, as amended or other applicable
legislation.
4.42 Where a heating system or part thereof that requires solid or liquid fuel to operate, a place
or receptacle for such fuel shall be provided and maintained in a safe condition and in a
convenient location so as to be free from fire or accident hazard.
4.43 Every dwelling shall be so constructed or otherwise separated to prevent the passage of
smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to
be used for human habitation into other parts of the dwelling used for habitation. Such
separations shall conform to the Ontario Building Code.
4.44 All fuel burning appliances, equipment, and accessories in a dwelling shall be properly
vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved
method.
4.45 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair
so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit. Maintenance
includes the removal of all obstructions, sealing open joints, and the repair of loose or broken
masonry units.
4.46 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good
condition so as to prevent the heating of adjacent combustible material or structural members to
unsafe temperatures.
Fire Escapes, Alarms and Detectors
4.47 A listed fire alarm and a fire detection system, approved by the Canadian Standards
Association or Underwriters Laboratories of Canada, shall be provided by the owners of
buildings of residential occupancies where sleeping accommodations are provided for more than
ten (10) persons, except that such systems need not be provided where a public corridor or exit
serves not more than four (4) dwelling units or individual leased sleeping rooms.
4.48 In addition to the provisions of Article 4.47 hereof, in every dwelling unit in a building, a
listed smoke alarm, approved by the Canadian Standards Association or Underwriters
Laboratories of Canada, or detectors of the single station alarm type, audible within bedrooms
when intervening doors are closed, shall be installed by the occupant between bedrooms or the
sleeping area and the remainder of the dwelling unit, such as in a hallway or corridor serving
such bedrooms or sleeping area. The products of combustion detector referred shall be:
(a) equipped with visual or audio indication that they are in operating condition;
(b) mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12") below the
ceiling.
4.49 Buildings using a fire escape as a secondary means of egress shall have the escape in good
condition, free from obstructions and easily reached through an operable window or door.
Egress
4.50 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and
unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at
street or grade level.
4.51 Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both
of which may be common or the one of which may be common and the other may be an exterior
stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at
floor level, except access from a dwelling unit may be through a vertically mounted casement
window having an unobstructed opening of not less than 1,067 by 559 mm, (42 x 22") with a sill
height of not more that 914mm, (36 inches), above the inside floor. A single exit is permitted
from a dwelling unit where the path of egress is through an exterior door located at or near
ground level and access to such exit is not through a room not under the immediate control of the
occupants of the dwelling unit.
Natural Light
4.52 Every habitable room except a kitchen, bathroom or toilet room shall have a window or
windows, skylights or translucent panels facing directly or indirectly to an outside space and
admits as much natural light equal to not less than ten percent of the floor area for living and
dining rooms and five percent of the floor area for bedrooms and other finished rooms.
Ventilation
4.53 Every habitable room in a dwelling unit, including kitchens, bathroom or toilet rooms,
shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28
square metres (3 sq. ft), or an approved system of mechanical ventilation such that provide
hourly air exchanges.
4.54 All systems of mechanical ventilation shall be maintained in good working order.
4.55 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces
shall be adequately ventilated.
Elevating Devices
4.56 Elevators and other elevating devices including all mechanical and electrical equipment,
lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency
communication systems shall be operational and maintained in good condition.
Disconnected Utilities
4.57 Owners of residential buildings or any person or persons acting on behalf of such owner
shall not disconnect or cause to be disconnected any service or utility supplying heat,
electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or
lessee, except for such reasonable period of time as may be necessary for the purpose of
repairing, replacing, or otherwise altering said service or utility.
Occupancy Standards
4.58 The number of occupants, residing on a permanent basis in a individual dwelling unit,
shall not exceed one person for every 9 square metres (97 sq. ft), of habitable floor area. For
the purpose of computing habitable floor area, any area with the minimum ceiling height less
than 2.1 metres (7 ft.) shall not be considered.
4.59 No room shall be used for sleeping purposes unless it has a minimum width of 2 metres
(6.6 ft.), and a floor area of at least 7 square metres (75 sq. ft.). A room used for sleeping
purposes by two or more persons shall have a floor area of at least 4 square metres (43 sq. ft.)
per person.
4.60 Any basement, or portion thereof, used as a dwelling unit shall conform to the following
requirements:
(a) each habitable room shall comply with all the requirements set out in this By-Law;
(b) floors and walls shall be constructed so as to be damp proof and impervious to water
leakage;
(c) each habitable room shall be separated from service rooms by a suitable fire separation
and approved under the Ontario Building Code;
(d) access to each habitable room shall be gained without passage through a service room.
Part V
Vacant Land and Buildings
5.01 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. All new
construction or repairs shall conform to the Ontario Building Code where applicable.
Vacant Lands
5.02 Vacant land shall be maintained to the standards as described in Part III, Article 3.02, of this
By-Law.
5.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of
water.
Vacant Buildings
5.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and shall have all
water, electrical and gas services turned off except for those services that are required for the security
and maintenance of the property.
5.05 The owner or agent of a vacant building shall board up the building to the satisfaction of the
Property Standards Officer by covering all openings through which entry may be obtained with at
least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to the building and painted a
colour compatible with the surrounding walls.
Part VI
Non-Residential Property Standards
6.01 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. All new
construction or repairs shall conform to the Ontario Building Code where applicable.
Yards
6.02 The yards of non-residential property shall be maintained to the standards as described in Part
III, Article 3.02 of this By-Law.
6.03 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 unobstructive 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.
(a)
In accordance with 6.03, storage of materials shall include, but not be limited to, dead
or decaying animals which must be stored in a suitable receptacle approved by the
By-law Enforcement Officer until such material can be disposed of in a sanitary
fashion. Such practices shall be limited to agricultural zones only.
Parking Areas and Driveways
6.04 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,
concrete, or compacted stone or gravel and shall be kept in good repair, free of dirt and litter.
Notwithstanding the foregoing, non-residential properties which abut residential properties, all areas
used for vehicular traffic and parking shall have a surface covering of asphalt, or similar hard
surface.
6.05 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained
so as to afford safe passage under normal use and weather conditions.
Structural Soundness
6.06 Every part of a building structure shall be maintained in a sound condition so as to be capable
of safely sustaining its own weight load and any additional load to which it may be subjected through
normal use, having a level of safety required by the Ontario Building Code. Structural members or
materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced.
6.07 Walls, roofs, and other exterior parts of a building or structure shall be free from loose or
improperly secured objects or materials.
Exterior Walls
6.08 Exterior walls of a building or a structure and their components, including soffits, fascia,
windows and doors, shall be maintained in good repair free from cracked, broken or loose masonry
units, stucco, and other defective cladding, or trim. Paint or some other suitable preservative or
coating must be applied and maintained so as to prevent deterioration due to weather conditions,
insects or other damage.
6.09 Exterior walls of a building or a structure and their components, shall be free of unauthorized
signs, painted slogans, graffiti and similar defacements.
Guardrails
6.10 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") 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.
Lighting
6.11 All non-residential establishments shall install and maintain sufficient windows, skylights, and
lighting fixtures necessary for the safety of all persons attending the premises or as may be required
by the Occupational Health and Safety Act for industrial and commercial properties. However,
lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring
properties.
Part VII
Duties of Property Standards Officers
7.01 Property Standard Officers shall:
(i) enforce the provisions of this By-law;
(ii) perform all duties and shall have such powers and responsibilities as are contained and outlined
in the Ontario Building Code Act, S.O. 1992, c23, from time to time.
Part VIII
Municipality Empowered to Repair
8.01 Upon the default of an owner or occupant to effect a repair of demolition within the time
and in the manner specified in an order which is final and binding, the Municipality of South
Huron may enter upon the lands and premises affected by the order, do the work directed to be
done in the said order and recover its expenses as provided in the Building Code Act S.O. 1992,
c23.
8.02 If, upon inspection of a property, the Municipality of South Huron or its agents, officers or
employees takes or causes to be taken any measures necessary to terminate any immediate danger
to the health or safety of any person, the expenses of the Municipality of South Huron may be
recovered as provided in the Building Code Act S.O. 1992, c23.
Part IX
Administration and Enforcement
9.01 This By-law shall apply to all property within the limits of the municipality.
9.02 The imperial measurements contained in this By-law are given for reference only.
9.03 No person shall use or occupy, or being the owner thereof or his agent, shall allow to be used or
occupied, any building on any property unless such property conforms to the standards
prescribed herein, nor shall an owner or his agent permit the accumulation of debris or rubbish on
yards as herein defined in contravention of the standards prescribed in this By-law.
9.04 No person shall use or permit anyone to use any property that does not conform to the
standards of this By-law.
9.05 No owner shall fail to maintain any property in a suitable condition to conform to the standards
of this By-law.
9.06 The administration and enforcement of this By-law is the responsibility of the Property
Standards Officer who shall be the Building Inspector of the Municipality of South Huron or such
other persons as may be appointed to that position by the Council together with any assistants as
Council may provide.
Officers
9.07 The Council of the municipality shall appoint a Property Standards Officer(s) to be responsible
for the administration and enforcement of this By-Law.
Property Standards Committee
9.08 Property Standards Committee is hereby established to review the order issued by an officer
pursuant to section 15.1.3 of the Ontario Building Code Act, S.O. 1992, c23. The Committee shall be
composed of all of Council (one of which shall act as chairman). The clerk shall act as secretary for the
Property Standards Committee and the Chief Building Official shall be in attendance as a resource.
Meetings of this Committee shall be conducted during a Regular Meeting of Council on motion to
adjourn Regular Meeting and enter into Property Standards Committee Meeting. Such meetings shall be
called whenever a problem arises that should be brought to the attention of the Committee.
9.09 When an appeal has been taken, the Committee shall hear the appeal within twenty-one (21) days of
the date of receipt of the notice of appeal and shall have all the powers and functions of the Property
Standards Officer and may confirm the order to demolish or repair or may modify or quash it or may
extend the time for complying with the order provided that, in the opinion of the Committee, the general
intent and purpose of the By-law and of the Official Plan are maintained.
9.10 The Corporation or any owner, occupant or other person affected by a decision of the Committee
shall have a right to appeal such decision in the manner and within the time provided for such appeal
under Sect 15.3-(4) of the Act.
9.11 Every person who initiates an appeal of an Order made under Section 15.2 (2) of the Ontario
Building Code Act, S.O. 1992, c23, shall submit a Notice of Appeal in the time frame and the
manner as prescribed in Section 15.3 (1) of the Act. All Notices of Appeal shall be accompanied by
a non-refundable payment of $125.00 dollars.
Compliance
9.12 The owner of any property that does not conform to the standards as set out in this By-law shall
repair and /or maintain said property to comply with the standards or the property shall be cleared of all
buildings, structures, debris or refuse and left in a levelled and graded condition.
Penalty
9.13 An owner who fails to comply with an order that is final and binding under this by-law 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.
Validity
9.14 If an article of this by-law is for any reason held to be invalid, the remaining articles shall remain in
effect until repealed.
9.15 Where a provision of this by-law conflicts with the provision of another by-law in force within the
municipality, the provisions that establish the higher standards to protect the health, safety and welfare of
the general public shall prevail.
Transitional Rules
9.16 After the date of the passing this by-law, By-Law No. 41-2002, as amended, shall apply only to
those properties in which an Order to Comply has been issued prior to the date of passing of this by-law,
and then only to such properties until such time as the work required by such Order has been completed
or any enforcement proceedings with respect to such Order, including any demolition, clearance, or
repair carried out by the municipality shall have been concluded.
Title
9.17 This By-Law may be referred to as "The Property Standards By-Law".
Part X
Repeal of By-Law Number 22-1992; 31-1990; 9-1977
10.01 By-law No. 22-1992 of the Corporation of the Town of Exeter; By-law No. 31-1990 of the
Township of Stephen and By-law No. 9-1977 of the Township of Usborne are hereby repealed.
This By-law comes into force and takes effect on the final passing thereof.
READ A FIRST AND SECOND TIME THIS 24th DAY OF June 2002.
READ A THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF July , 2002.
_________________________
_________________________
Robert Morley, Mayor
Sandra Strang, Clerk
The Corporation of the Municipality of South Huron
By-Law #14 - 2010
"Being a By-Law to amend By-law #41-2002,
regarding penalty and enforcement provisions and housekeeping amendments"
Whereas under Subsection 15.1(3) of the Building Code Act, S.O. 1992, c. 23, a By-Law 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 Municipality includes provisions relating to property
conditions;
And Whereas the Council of The Corporation of the Municipality of South Huron passed By-law
#41-2002 on July 2, 2002 to regulate and prescribe the standards for the maintenance and
occupancy of property within the Municipality;
And Whereas the Municipal Act, S.O. 2001, c. 25, s. 429 provides that a Municipality may
establish a system of fines for offences under a By-Law of a Municipality;
And Whereas the Council of The Corporation of the Municipality of South Huron deems it
expedient to amend By-law #41-2002 to enact a system of fines for offences under the said By-
Law;
Now therefore be it resolved that the Council of The Corporation of the Municipality of South
Huron ENACTS AS FOLLOWS:
1.
That Section 3.14 of By-Law #41-2002 be amended to read as follows:
"Every person shall occupy a residential property and provide for a compost heap in
accordance with the health regulations, provided that the compost pile is no larger
than one square metre and 1.8 M (5' 11") in height and is enclosed on all sides by
concrete block, or lumber, or in a 205 litre (45 gallon) container, a metal frame
building with a concrete floor, or a commercial plastic enclosed container designed
for composting."
2.
That Section 4.03 of By-Law #41-2002 be amended to read as follows:
"No person shall accumulate or store garbage, refuse, appliances or furniture in a
means of egress."
3.
That Section 9.13 of By-Law #41-2002 be amended to read as follows:
9.13(1)
"An owner who fails to comply with an order that is final and binding under
this By-Law 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."
9.13(2)
"Every person who contravenes any provision of this By-Law is guilty of
an offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P33."
4.
That this By-Law shall come into force and take full effect on its date of final passing.
Read a first and second time
February 1, 2010.
Read a third time and finally passed
February 1, 2010.
_____________________________
_____________________________
Ken Oke, Mayor
Michael Di Lullo, Clerk