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THE CORPORATION OF THE MUNICIPALITY
OF ST..CHARLES
BY-LAW 2022-22
BEING A BY-LAW TO PROVTDE STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF PROPERTY IN THE MUNICIPALITY OF ST.-CHARLES
WHEREAS under Section 15.1 (3) of the Building Code Acf, S.O. 1992, c.23 as
amended, a By-Law may be passed by the Council of a municipality prescribing the
standard 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 St.-Charles includes
provisions relating to propefi conditions;
AND WHEREAS the Council of The Municipality of St.-Charles is desirous of
passing a By-Law under Section 15.1 (3) of the Building Code Acf, S.O. 1992, c. 23 as
amended;
ANDWHEREAS Section 15.6 (1) of the Building Code Acf, S.O. 1992, c.23 as
amended requires that a By-Law passed under Section 15.1 (3) of the Building Code Act,
S.O. 1 992, c.23 as amended shall provide for the establishment of a Property Standards
Committee;
AND WHEREAS Section 426 of the Municipal Act, S.O. 2001 , c. 25, as amended,
provides that no person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this Act or under a By-Law
passed under this Act;
NOW THEREFORE THE COUNCIL FOR THE CORPORATION OF THE
MUNICIPALITY OF ST..CHARLES HEREBY ENACTS AS FOLLOWS:
SECTION I - DEFINITIONS
ln this By-Law:
1.01 "Accessory Building" means a detached building or structure, not used for human
habitation that is subordinate to the primary use of the same property.
1.02 "Agricultural Operation" means an agricultural operation as defined by the
Farming and Food Protection Acf, S.O. 1998, c.1;
1.03 "Apartment Building" means a building containing more than four (4) dwelling units
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By-Law 2022-22 - Propefi Standards By-Law
with individual access from an internal corridor system
1.04 "Approved" means acceptance by the Property Standards Officer
1.05 "Basement" means that space of a building that is partly below grade, which has
half or more of its height, measured from floor to ceiling above the average exterior
finished grade.
1.06 "Ghief Building Official" means the Chief Building Official (CBO) appointed by
Council under the Building Code Acf, S.O. 1992, c. 23, as amended, or the person
who is appointed to act in that capacity during his or her absence;
1.07 "Cellar" means that space of a building that is partly or entirely below grade, which
has more than half of its height, measured from floor to ceiling below the average
exterior finished grade.
1.08 "Gommittee" means a Property Standards Committee as defined in the Ontario
Building Code Act.
1.09 "Debris" shall mean, but is not limited to, garbage, rubbish, refuse or wrecked,
decayed, dilapidated, or inoperative motor vehicles, vehicles or machinery and parts
thereof;
1.10 "Domestic Waste" means any debris, rubbish, refuse, sewage, effluent, discard or
garbage arising from residential household use, belonging to or associated with a
house or use of a house or residential land, which for greater certainty includes all
garbage, discarded material or items, broken or dismantled items, and materials or
items exposed to the elements, deteriorating or decaying on land due to exposure
or the weather, and for even greater certainty "domestic waste" includes but is not
limited to the following classes of material regardless of the nature or condition of
the material, article or thing:
a. Broken or torn bits of twigs, splinters or rags, tree cuttings or cut limbs and brush
from any shrub or tree, and waste lumber, excepting only cut and stacked;
b. Paper, paper cartons and other paper products;
c. Rotting vegetable matter, or rotting animal matter;
d. Disconnected appliances, including refrigerators, stoves, freezers, or any part or
parts of such items;
e. Furnaces or furnace parts, ducting, pipes, fittings to pipes and wire;
f. Water or fuel tanks;
g. lnoperative machinery, inoperative motor vehicles, unplated vehicles and
vehicles without visual proof of current validation, and parts or accessories of
such items including tires, building or construction materials, other than those on
site for ongoing construction;
h. Accumulations of broken concrete or asphalt pavement, brick pavers, sidewalk
slabs and used building materials;
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Materials resulting from the alteration, repair, or demolition of any building or
structure;
Sewage;
Containers such as crockery, dishes, glassware, pots and pans and cans.
Domestic Waste as defined in this By-Law does not cease to become domestic
waste by reason only that it may be commercially saleable or recyclable.
1.11 "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.
1.12 "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.
1.13 "First Storey" means that part of a building having a floor area closest to grade with
a ceiling height of more than 1.8 metres (6 ft.) above grade.
1.14 "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.
1.15 "Habitable Room" means any room in a dwelling unit used for or capable of being
used for living, cooking, sleeping, or eating purposes.
1.16 "lndustrialWaste" means any debris, rubbish, refuse, sewage effluent, discard, or
garbage of a type arising from industrial, manufacturing, commercial or construction
operations or belonging to or associated with an industry or commerce or industrial
or commercial land, which for greater certainty includes all garbage, discarded
material or items, broken or dismantled items, and due to exposure to the weather,
and for even greater certainty "industrial waste" includes but is not limited to the
following classes of materialregardless of the nature condition of the material, article
or items:
a. Debris, discarded items or matter, or effluent which in whole or in part are derived
from or are constituted from or consist of,
(i) Animal or vegetable matter, paper, lumber, or wood; or
(ii) Mineral, metal or chemicals, or fill contaminated with petrochemical or
petroleum products;
b. Piles of miscellaneous plastic, wood or metal parts, or combinations of such
materials;
c. Automotive parts not packaged for immediate shipment, inoperative vehicles,
unplated vehicles and vehicles without visual proof of current validation, vehicle
parts, inoperative mechanical equipment, mechanical parts, accessories or
J.
k.
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By-Law 2022-22 - Property Standards By-Law
adjuncts to the vehicle and mechanical equipment not contained in a legal
salvage yard;
d. Piping, ducting tubing conduits, cable, wire and fittings or related accessories
with or without adjuncts, and not packaged for immediate shipment;
e. Material resulting from or as part of construction, demolition, repair, or renovation
projects including debris and leftovers;
f. Rubble or fill;
g. Sewage;
h. Ashes;
i. Dust emanating from the operation of the enterprise; and,
j. Broken bricks, concrete, or asphalt.
lndustrial Waste as defined by this by-law does not cease to be industrial waste
reason only that it may be commercially saleable or recyclable.
1.17 "lnfestation" means the presence of an unusually large number of insects or
animals in a place, typically so as to cause damage or disease.
1.18 "Lagoon" means a Ministry of Environment approved waste stabilization pond
consisting of an earthen basin designed and built for wastewater treatment to reduce
the organic content and remove pathogens from wastewater.
1.19 "Means of Egress" means a continuous, unobstructed path of travel provided by a
doorway, hallway, corridor, exterior passageway, 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.
1.20 "Multiple Dwelling" means a building containing three or more dwelling units.
1.21 "Municipality" means the Corporation of the Municipality of St.-Charles.
1.22 "Municipal Law Enforcement Officer" means the officer in charge of the By- Law
Enforcement of the Corporation of the Municipality of St.-Charles or his or her
authorized subordinates or assistants;
1.23 "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, stairuvay, 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.
1.24 "Non-Residential Propefi" 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
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erections thereon or therein
1.25 "Occupant" means any person or persons over the age of 18 years in possession
of the land;
1.26 "Officer" means a Municipal Law Enforcement Officer (MLEO), a building inspector,
a fire prevention officer, a fire fighter, a health inspector, a weed inspector appointed
under the Weed Control Act, or any other person appointed or employed by the
Municipality for the enforcement of By-Laws and includes a Peace Officer;
1.27 "Owner" includes:
a. Both the owner in trust and the beneficial owner of land;
b. The person for the time being managing or receiving 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, who would receive the rent if the land
and premises were let; and
c. A lessee or occupant of the land who manages or controls the condition of the
land;
1.28 "Person" means an individual, firm, corporation, association, or partnership
1.29 "Pile of snow" means a mound of snow that results from the clearing of walkways,
driveways, yards, and the like.
1.30 "Refuse" means any article, thing, matter, substance, or effluentthat:
. Has been cast aside, discharged, or abandoned, or
. ls disused from its usual and intended use, or
. ls used up, in whole or in part, or expanded or worn out, in whole or in part; and
. Shall include domestic and industrial waste;
1.31 "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.
1.32 "service room" means a room provided in a building to contain equipment
associated with building services.
1.33 "Sewage" includes any liquid waste containing human, vegetable, or mineral
matter, waste that is in suspension whether domestic or industrial or any other waste
whether in suspension or precipitated, but does not include roof water or storm run-
off
1.34 "standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-Law.
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By-Law 2022-22- Propefi Standards By-Law
1.35 "standing water" means any water on property other than:
a A natural, moving body of water that exists on a permanent basis;
b. A body of water that is maintained in such a way so as to prevent the breeding
of and/or larvae growth of mosquitoes, through the operation of a re-circulation
and filtration system and/or the additive of an approved substance that will
prevent the breeding of and/or larvae growth of mosquitoes;
c. Any body of water containing live fish;
d Any body of water naturalto its surrounding environment including natural ponds,
bogs, marshes, and wetlands
e. Any body of water within a municipally owned storm water management facility
or lagoon; and
f Any body of water contained for less than four (4) days.
1.36 "Toilet Room" means a room containing a water closet and a washbasin.
1.37 "Yard" means the developed area on land or portion thereof 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.
SECTION II - GENERAL STANDARDS FOR ALL PROPERTY
2.01 Every owner of a property shall ensure that:
a. All repairs and maintenance of property are carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned.
b. All new construction or repairs conform to the Ontario Building Code, Ontario
Fire Code and the Fire Prevention and Protection Act and any other applicable
legislation.
YARDS
2.02 Every yard, including vacant lots is kept clean and free from
a. rubbish or debris and objects or conditions that may create a health, fire, or
accident hazard;
b. wrecked, dismantled, discarded, or abandoned machinery, vehicles, trailers, or
boats unless it is necessary for the operation of a business or enterprise lawfully
situated on the property;
c. long grass, brush, undergrowth, and noxious weeds as defined by the Weed
Control Act;
d. dilapidated, collapsed, or partially constructed structures which are not currently
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By-Law 2022-22 - Property Standards By-Law
under construction;
e. injurious insects, termites, rodents, vermin or other pests;
f. wells are capped with a secure and structurally adequate top to the satisfaction
of an officer in order to prevent persons or animals from falling through and to
prevent the inflltration of water as per Ministry of Environment (MOE)
requirements;
g. abandoned dug and drilled wells are filled or sealed with approved material by a
qualified contractor as per MOE guidelines;
h. dead, decayed or damaged trees or other natural growth.
SURFACE CONDITIONS
2.03 Surface conditions of yards are maintained so as to
prevent ponding of storm water;
prevent instability or erosion of soil;
prevent surface water run-off from entering basements;
not exhibit an unsightly appearance;
be kept free of garbage and refuse;
be kept free of deep ruts and holes;
provide for safe passage under normal use and weather conditions, day, or night;
and
not to create a nuisance to other property.
SEWAGE AND DRAINAGE
2.04 Sewage is discharged into an approved and appropriate sewage system.
2.05 Sewage of any kind is not to be discharged onto the surface of the ground, whether
into a natural or artificial surface drainage system or othenryise.
2.06 Roof drainage is not discharged onto sidewalks, stairs, or adjacent property.
2.07 Storm water and pumped discharge water is drained from the yard so as to prevent
recurrent ponding or the entrance of water into a building and in a manner that will
minimize erosion of the property and adjacent properties.
2.08 Storm water and pumped discharge water is not discharged into a municipal sanitary
system.
2.09 Eavestroughs and downspouts are maintained in good repair
2.10 Any water drained from their propefi does not adversely affect any adjacent or
downstream properties. This shall include water resulting from melting piles of snow.
2.11 Any established drainage area or swale is not blocked or does not become blocked
a.
b.
c.
d.
e.
f.
g
h.
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By-Law 2022-22 - Property Standards By-Law
so as to not adversely affect upstream properties. This shall include blockages
resulting from piles of snow.
2.12 Any water is not discharged onto sidewalks or stairs.
2.13 Storm water and pumped discharge water is drained from the yard or house to
prevent ponding or water entering into a building.
2.14 Storm water and pumped discharge water is drained from the yard or house to
minimize erosion of the property and adjacent properties.
PARKING AREAS, WALKS AND DRIVEWAYS
2.15 All areas used for vehicular traffic and parking have a surface covering of asphalt,
concrete, interlocking bricks, compacted stone, or gravel and shall be kept in good
repair free of dirt and debris.
2.16 Steps, walks, driveways, parking spaces and other similar areas are maintained so
as to afford safe passage under normal use and weather conditions day or night.
EXTERIOR WALLS, ACCESSORY
STRUCTURES
BUILDINGS, FENCES AND OTHER
2.17 Accessory buildings, fences, and other structures appurtenant to the property are
maintained in structurally sound condition and in good repair.
2.18 Exterior walls of buildings or structures and their components, including soffits,
fascia, windows, and doors, are 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.
2.19 Exterior walls of a building or a structure and their components, are free of
unauthorized signs, painted slogans, and similar defacements.
DAMAGED BUILDINGS
2.20 Where a building or structure is damaged by accident, storm, fire, neglect, or other
cause or is damaged intentionally, damaged buildings or structures:
a. Are kept clear of all garbage, refuse and debris or any conditions which might
endanger persons on or near the property
b. Are properly supported
c. Have all water electrical and gas services turned off except for those services
that are required for the security, maintenance, or repair of the property
d. Protected against further risk or damage, accidents, or other danger
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By-Law 2022-22 - Property Standards By-Law
e. Have each opening effectively closed and secured with appropriate materials to
prevent unwanted entry
f. Are demolished or repaired within 30 days or another reasonable time arranged
with the Municipality
2.21 When a damaged building or structure or part thereof is occupied again for other
than the purpose of repair, the condition of the building and property is brought into
compliance with all applicable sections of this by-law and any other applicable
legislation prior to occupancy.
2.22 ln the event that the building or structure is beyond repair, the land is cleared of
debris and remains and is left graded, level and in safe condition without reasonable
delay.
GARBAGE DISPOSAL
2.23 Every building, dwelling, and dwelling unit is provided with a sufficient number of
suitable receptacles to contain all garbage produced therein. Such receptacles are
to 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.
2.24 All garbage is promptly placed in a suitable container.
2.25 Garbage storage areas are screened from public view.
LIGHTING
2,26 Any exterior lighting fixtures are so arranged that no part of any fixture is more than
9.0 metres above the finished grade directly below the fixture.
2.27 Any exterior lighting fixtures are so designed and installed that the light is directed
downward and deflected away from adjacent lots, roads, and streets.
COMPOST HEAPS
2.28 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 metres in height and is enclosed on all sides by
concrete block, or lumber, or in a forty-five-gallon container, a metal frame building
with a concrete floor, or a commercial plastic enclosed container designed for
composting.
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By-Law 2022-22 - Property Standards By-Law
SECTION III . STANDARDS FOR RESIDENTIAL RENTAL PROPERTY
3.01 Every tenant, occupant or lessee of a residential rental property shall
a. Maintain the property or part thereof and the land which they occupy or control,
in a clean and safe condition in accordance with municipal by-laws
b. Dispose of garbage and debris on a regular basis in accordance with municipal
by-laws
c. 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.
PEST PREVENTION
3.02 Every landlord of any residential rental property shall ensure that:
(1) Dwellings are kept free of insect or animal infestations at all times. Methods
used for exterminating such pests shall be in accordance with the provisions
of the Pesticides Act.
(2) Openings, including windows, that might permit the entry of rodents, insects,
vermin, or other pests are appropriately screened or sealed.
STRUCTURAL SOUNDNESS
(3)
Every part of a dwelling is 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 and as determined by the
CBO of the Municipality.
(4) Walls, roofs, and other exterior parts of a building are free from loose or
improperly secured objects or materials.
FOUNDATIONS
(5)
Foundation walls of a dwelling are 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, damp proofing and
waterproofing walls, joints, and floors.
WINDOWS AND DOORS
(6) Wndows, doors, skylights, and basement or cellar hatchways are
By-Law 2022-22 - Property Standards By-Law
t0
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
re-glazing where necessary. Where screening is provided on windows and
doors it shall also be maintained in good repair.
(7) ln a dwelling unit, allwindows that are intended to be opened and allexterior
doors have suitable hardware so as to allow locking or otherwise securing
from inside the dwelling unit. At least one entrance door to a dwelling unit
shall have suitable hardware so as to permit locking or securing from either
inside or outside the dwelling unit.
(8) An exterior type door is provided for all entrances to dwellings and dwelling
units.
(9) ln 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 is maintained in good working
order at alltimes.
(10) Every window in a leased dwelling unit that is located above the first story
of a multiple dwelling is 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 diameter (3.9 inches) 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.
(1 1) Roofs of dwellings and their components are maintained in a weather tight
condition, free from loose or unsecured objects or materials.
(12) Where eaves troughing, roof gutters, are provided they are kept in good
repair, free from obstructions, properly secured to the building and drain in
a manner not to adversely affect the neighbours dwelling or buildings.
WALLS, CEILINGS AND FLOORS
(13) Every wall, ceiling and floor in a dwelling is 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.
(14) Every floor in a dwelling is reasonably smooth and level and maintained so
as to be free of all loose, warped, protruding, broken, or rotted boards or
ROOFS
By-Law 2022-22 - Property Standards By-Law
11
other material that might cause an accident or allow the entrance of rodents
and other vermin or insects.
(15) Every floor in a bathroom, toilet room, kitchen, shower room, and laundry
room is maintained so as to be impervious to water and readily cleaned.
STAIRS, PORCHES, AND BALCONIES
(16)
lnside and outside stairs, porches, balconies, and landings are maintained
So aS to be free of holes, cracks, and other defects which may constitute
accident hazards.
(17)
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 are repaired or replaced.
GUARDRAILS
(18) Aguard rail is installed and maintained in good repairon the open side of
any stairuvay or ramp containing three (3) or more risers including the
landing or a height of 600 mm (24") between adjacent levels.
(1e)
(20)
A handrail is installed and maintained good repair in all stainryells
Guard rails are installed and maintained good repair around all landings,
porches, and balconies.
(21) Guard rails, balustrades and handrails are constructed and maintained rigid
in nature.
KITCHENS
(22) Every dwelling contains 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 orwork area at least610 mm (2 ft) in width by 1,220mm (4 ft)
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
(23) Every dwelling unit contains a bathroom consisting of at least one fully
By-Law 2022-22- Property Standards By-Law
12
operational water closet, washbasin, and a bathtub or suitable shower unit.
Every washbasin 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.
(24) Every required bathroom or toilet room is accessible from within the dwelling
unit and is fully enclosed and provided with a door capable of being locked
so as to allow privacy for the persons using said room.
(25) Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self-contained dwelling units, an appropriate
entrance is provided from a common passageway, hallway, corridor or other
common space to the room or rooms containing the said facilities.
PLUMBING
(26)
Each washbasin, a bathtub or shower, and one kitchen sink is equipped with
an adequate supply of hot and cold running water
(27) Every dwelling unit is provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health. lf potable
running water cannot be supplied, the owner of a residential rental property
shall provide the tenant(s) with an alternate source of potable water.
(28) All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures are maintained in good working condition free of leaks and
defects and all water pipes and appurtenances thereto shall be protected
from freezing.
(29) All plumbing flxtures are connected to the sewerage system through water
seal traps.
(30) Every fixture is of such materials, construction and design as will ensure
that the exposed surface of all parts is 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
(31) Every dwelling and dwelling unit is wired for electricity and shall be
connected to an approved electrical supply system.
(32) The electricalwiring, fixtures, switches, receptacles, and appliances located
or used in dwellings, dwelling units and accessory buildings are installed
and maintained in good working order so as not to cause flre or electrical
By-Law 2022-22 - Property Standards By-Law
t3
shock hazards. All electrical services shall conform to the regulations
established by the Power Corporations Act, as amended.
(33) Every habitable room in a dwelling has 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.
(34) Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non-habitable work or storage room is provided with a
permanent light fixture.
(35) Lighting fixtures and appliances installed throughout a dwelling unit,
including hallways, stairways, corridors, passageways, garages, and
basements, are provided sufficient illumination so as to avoid health or
accident hazards in normal use.
HEATING, HEATING SYSTEMS, CHIMNEYS AND VENTS
(36) Every dwelling and building containing a residential dwelling unit or units is
provided with suitable heating facilities capable of maintaining an indoor
ambient temperature of 18 - 21 degrees Celsius (64 - 701 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.
(37) All fuel burning appliances, equipment, and accessories in a dwelling are
installed and maintained to the standards provided by the Energy Act, as
amended or other applicable legislation.
(38) Where a heating system or part thereof that requires solid or liquid fuel to
operate, a place or receptacle for such fuel is provided and maintained in a
safe condition and in a convenient location so as to be free from fire or
accident hazard.
Every dwelling is 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.
All fuel burning appliances, equipment, and accessories in a dwelling are
properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
Every chimney, smoke-pipe, flue, and vent is installed and maintained in
(3e)
(40)
(41)
By-Law 2022-22 - Property Standards By-Law
14
good repair so as to prevent the escape of smoke, fumes, or gases into a
dwelling unit. Maintenance includes the removal of all obstructions, sealing
open joints, and the repair of loose or broken masonry units.
(42) Every chimney, smoke-pipe, flue, and vent is installed and maintained in
good condition so as to prevent the heating of adjacent combustible material
or structural members to unsafe temperatures.
ALARMS AND DETECTORS
(43) A listed fire alarm and a fire detection system, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, is 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.
(44) all required smoke and carbon monoxide detectors are provided in good
working order based on applicable legislation.
EGRESS
(45) Every dwelling and each dwelling unit contained therein has a safe,
continuous, and unobstructed passage from the interior of the dwelling and
the dwelling unit to the outside at street or grade level. A safe passage shall
be determined by the Chief Building Official.
(46) No accumulations or storage of garbage, refuse, appliances, or furniture are
kept in a means of egress.
NATURAL LIGHT
(47) Every habitable room except a kitchen, bathroom or toilet room has 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
(48) Every habitable room in a dwelling unit, including kitchens, bathroom, or
toilet rooms, has 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.
(49) All systems of mechanical ventilation are maintained in good working order
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(50)
All enclosed areas including basements, cellars, crawl spaces and attics or
roof spaces are adequately ventilated and maintained to prevent entry of
snow, rain, rodents, and insects.
ELEVATING DEVICES
(51)
Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators,
ventilation fans, and emergency communication systems are operational
and maintained in good condition.
OCCUPANCY STANDARDS
(52)
The number of occupants, residing on a permanent basis in an individual
dwelling unit, does not exceed one person for every nine 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.
(53)
No room is used for sleeping purposes unless it has a minimum width of two
metres (6.6 ft.), and a floor area of at least seven square metres (75 sq. ft.).
A room used for sleeping purposes by two or more persons shall have a
floor area of at least four square metres (43 sq. ft.) per person.
(54) Any basement or portion thereof, used as a dwelling unit conforms to the
following requirements:
each habitable room shall comply with all the requirements set out in this
By-Law;
floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
each habitable room shall be separated from service rooms by a suitable
fire separation and approved under the Ontario Building Code;
access to each habitable room shall be gained without passage through
a service room.
DISCONNECTED UTI LITI ES
(55) 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 othenrvise altering said service or utility.
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SECTION IV . VACANT LANDS AND BUILDINGS
4.01 The owner of any vacant land or buildings shall ensure that:
VACANT LANDS
(1) Vacant land is graded, filled, or otherwise drained so as to prevent recurrent
ponding of water within the boundaries of the Municipality.
VACANT BUILDINGS
(2) 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.
(3) The owner or agent of a vacant building shall board up the building to the
satisfaction of the MLEO by covering all openings through which entry may
be obtained with at least 127 mm (0.5 inch) weatherproof sheet plywood
securely fastened to the building and painted a colour compatible with the
surrounding walls.
PART V . NON.RESIDENTIAL PROPERTY STANDARDS
5.01 The owner of any non-residential property shall ensure that:
YARDS
(1) The warehousing or storage of material or operative equipment that is
required for the continuing operation of an agricultural operation, industrial
or commercial aspect of the property is maintained in a neat and orderly
fashion so as not to create a fire or accident hazard or any unsightly
condition and shall provide unobstructed 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.
STRUCTURAL SOUNDNESS
(2) 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. Structural
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members or materials that have been damaged or indicate evidence of
deterioration shall be repaired or replaced.
(3) Walls, roofs, and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
LIGHTING
(4) 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 VI . ADMINISTRATION AND ENFORCEMENT
6.01 This By-Law shall apply to all property within the limits of the municipality
6.02 The imperial measurements contained in this By-Law are given for reference only
OFFICERS
6.03 The Council of the municipality shall appoint the By-law Enforcement Officer as a
Property Standards Officer(s) to be responsible for the administration and
enforcement of this By-Law
PROPERTY STANDARDS COMMITTEE
6.04 Council shall appoint at large, by a Resolution (or By-Law) of Council, no fewer than
three (3) persons of the municipali$ to the Propefi Standards Committee for a term
of office concurrent with Council. Property Standards committee will be responsible
to receive, investigate and schedule the appeal committee meeting. (See policy
procedures in Schedule "A" for appeals to the Propefi Standards Committee)
6.05 Each member of the Property Standards Committee, appointed by Council, shall be
entitled to an honorarium of $50.00 per meeting for their attendance at Committee
meetings.
APPEALS
6.06 Every person who initiates an appeal of an Order made section 15.2 (2) of the
Ontario Building Code AcL S.O. 1992, c23, shall submita Notice of Appeal in the
time frame and the manner as prescribed in section 15.3 (1) of the Acf. All Notices
of Appeal shall be accompanied by a non-refundable payment of $150.00 dollars.
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COMPLIANCE
6.07 The owner of owners of a propefi which does not conform to the required standards
as set out in this By-law shall, on receiving an order to do so, repair and/or maintain
said property to comply with the standards as set out in the order. Failure to comply
may result in the municipality clearing the said property of all buildings, structures,
debris and refuse with the land left levelled, graded and recover the expenses
incurred in like manner as municipal taxes to be levied against such person or by an
action.
ORDERS
5.08 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 Acf, S.O. 1992,
c.23 as amended, and is liable to a penalty or penalties as set out in the Provincial
Offences Act.
VALIDITY
6.09 Should a court of competent jurisdiction declare a part or whole of any provision of
this bylaw to be invalid or of no force and effect, the provision or part is deemed
severable from this bylaw, and it is the intention of Council that the remainder survive
and be applied and enforced in accordance with its terms to the extent possible
under the law so as to protect the public by ensuring a minimum standard for
maintenance and occupancy is maintained.
6.10 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
6.11 Afterthe date of the passing of this By-Law, By-Law No. 2018-24, 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
6.12 This By-Law may be referred to as the "Property Standards By-Law"
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AUTHORITY
6.13 Any and all By-Laws inconsistent with this By-Law are hereby repealed.
6.14 This By-Law shall come into force and take effect upon third and final reading
READ A FIRST TIME AND CONSIDERED READ A SECOND AND THIRD TIME
AND FINALLY PASSED IN OPEN COUNCIL THIS 1sTH DAY OF JUNE 2022.
CLERK
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SCHEDULE I'A'' TO BY.LAW 2022.22
PROPERTY STANDARDS POLICY
All property owners are required to repair and maintain their property according to
standards set in Property Standards By-Law 2022-22, including owners of rental
residential properties. (This is unless there is a specific agreement between the property
owner and the lessee or occupants that assigns maintenance and repair responsibility, in
accordance with the municipal property standards requirements, to the lessee or
occupant.)
For examples of the standards contained in the Property Standards By-Law 2022-
22, please contact the Municipal Office for a copy of the By-Law.
All complaints must be signed, written complaints.
When a complaint is received, a Property Standards Officer will investigate to
determine if a violation exists. This By-Law will not be used to resolve issues between
neighbors. lf a violation is found, the Officer can issue a Property Standards Order
advising the owner of the violation and requiring that it be remedied within a specified time
period. During the inspection process, the Officer will use a common-sense approach to
the application of the Property Standards By-Law. ln view of the fact that the Municipality
of St.-Charles has many diverse properties such as village areas, waterfront residential,
waterfront commercial, farmland, and rural residential, enforcement will have to be done
with some discretion taking into consideration the complainant, the geographic location
of the property in question, the size of the property in question (farmland versus urban
lot), the condition of the adjacent properties, and the effect of the infraction on adjacent
properties and the general well-being of the residents of the area, and the Municipality.
As the complaints and the investigations become more numerous, past practice data as
well as the consistent application of the Policy will become more evident, and will act as
a guide in the application of the By-Law.
Any owner has the right to appeal to the Municipality's Property Standards
Committee if they are not satisfied with the terms of the Order. The Committee can uphold
the Order, rescind it, or modify the length of time the owner has to comply.
lf you are a tenant that has concerns regarding ill-maintenance of your home or
apartment building, first advise the landlord of your concerns in writing. This gives the
landlord an opportunity to address the issue. lf these concerns are not adequately
addressed, register a complaint with the By-law Enforcement Office.
lf an owner fails to comply with a Property Standards Order, municipal staff may
initiate action to complete necessary repairs. Any costs associated with the work on the
property will be applied to the tax rolls of the subject property or the owner will be sent an
invoice for the cost.
ln addition, the Municipality may initiate legal action against any person who fails
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to comply with a Property Standards Order under the Building Code Acf. The maximum
fine for non-compliance with a Property Standards Order is $25,000 for an individual and
$50,000 for a corporation.
PROPERTY STANDARDS COMMITTEE
Established - composition
There shall be and is hereby established, a Property Standards Committee of at least
three (3) persons who either reside, work or own property in the Municipality to be
appointed by Council every four (4) years.
Chairman - appointment
The Committee shall appoint one (1) member as Chairman and, when the Chairman is
absent through illness or otheruvise, the Committee may appoint another member to act
as Chairman.
Secretary - appointment
The Committee shall appoint a Secretary forthe Committee who shall keep on file minutes
and records of all applications and decisions thereon.
Quorum
A majority of the Committee constitutes a quorum, and the Committee may adopt its own
rules of procedure but, before hearing an appeal under Section 6.06, shall give notice or
direct that notice be given of such hearing to such persons as the Committee considers
should receive such notice.
APPEAL TO PROPERTY STANDARDS COMMITTEE
Appeal notice'by registered mail
When an owner or occupant upon whom an Order of the Officer has been served is not
satisfied with the terms or conditions of the Order, the owner or occupant may appeal to
the Committee by sending Notice of Appeal by registered mail to the Secretary of the
Committee within fourteen (14) days after service of the Order and, if no appeal is taken,
the Order shall be deemed to have been confirmed.
Committee - powers on appeal
Where an appeal has been taken, the Committee shall hear the appeal and shall have all
the powers and functions of the 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
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that, in the opinion of the Committee, the general intent and purpose of this Property
Standards By-law and the Official Plan are maintained.
APPEAL TO THE ONTARIO COURT OF JUSTICE
Notice - to Municipal Glerk
The Municipality or an owner or occupant or person affected by a decision of the Property
Standards Committee may appeal to a Judge of Ontario Court (General Division) by
notifying the Municipal Clerk in writing and applying to the Ontario Court (General
Division) for an appointment within fourteen (14) days after the sending of a copy of the
decision.
Appointment of hearing - by judge
The Judge shall, in writing, appoint a day, time and place for the hearing of the appeal
and in the appointment, may direct that it shall be served upon such persons and in such
manner as the Judge prescribes.
Judge - powers on appeal
The Judge, on such appeal, has the same power and functions as the Committee
Final and binding
The Order, as deemed to have been confirmed or modified by the Judge, shall be final
and binding upon the owner and occupant who shall make the repair or effect the
demolition within the time and in the manner specified in the Order.
This information is for convenience and quick reference only. For specific
information, contact the Municipality.
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