This is the exact embedded text of the captured official document.
Snapshot 198cb808b2ad · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CORPORATION OF THE TOWNSHIP OF STIRLING-RAWDON
BY-LAW N0.1227-18
Being a By-Law to provide standards for the maintenance and occupancy of property in the
Township of Stirling-Rawdon.
WHEREAS Section 15.1 (3) of the Building Code Act, R.S.O. 1992 c.23, authorizes a
municipality to enact By-Laws to:
1.
Prescribe standards for the maintenance and occupancy of property;
2.
Require property that does not conform with the standards to be repaired and maintained
to conform with the standards or the site be cleared of all buildings, structures, debris or
refuse and be left in a graded and leveled condition; and
3.
Prohibit the occupancy or use of property that does not conform to the prescribed
standards.
AND WHEREAS there is in effect in the Township of Stirling-Rawdon an Official Plan for the
County of Hastings, which includes provisions relating to property conditions.
AND WHEREAS there is in effect in the Township of Stirling-Rawdon By-law no. 320-03
(comprehensive zoning by-law) and by-law no. 931-12 (Clean Yard By-law) which also includes
provisions relating to the property conditions.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP
OF STIRLING-RAWDON HEREBY ENACTS AS FOLLOWS:
1.
GENERAL
1.1
SHORT TITLE
This by-law may be cited as the 'Property Standards By-Law'.
1.2
METRIC PROVISIONS
The provisions contained in this By-Law are in metric units. For convenience
purposes only, imperial units in brackets have been included following the metric
units. In no instance should the imperial units be used to determine any
requirement of this By-Law.
2.
DEFINITIONS
In this By-Law, unless the context requires otherwise:
2.1
"ACCEPT ABLE" shall mean:
a)
accepted by the Chief Building Official of the municipality with respect to
matters under the Building Code Act;
b)
accepted by a designated Officer with respect to all other matters regulated
by this By-Law.
2.2
"ACCESSORY BUILDING" shall mean a building not used for human habitation
customarily incidental and subordinate to the principal use or building and located
on the same lot with such principal use or building and shall include boat houses.
2.3
"BALUSTRADE" shall mean a protective barrier that acts as a guard around
openings in floors or at the open sides of stairs, landings, balconies, mezzanines,
galleries, raised walkways, or other locations to prevent accidental falls from one
level to another; such barrier may or may not have openings through it.
2.4
"BASEMENT" shall mean that portion of a building between two floor levels
which is partly underground but which has at least one-half of its height from
-2-
By-law No. 1227-18
finished floor to the underside of the floor joists of the next above storey, above
the adjacent average finished grade level adjacent to the exterior walls of the
building and in which the height from finished grade to the underside of the floor
joists ofthe next storey above is less than 1.8 meters (5.91 feet).
2.5
"BATHROOM" shall mean a room containing at least one washbasin and water
closet and bathtub or shower, or two rooms which contain in total at least one
washbasin, one water closet and one bathtub or shower.
2.6
"BOARDING, ROOMING OR LODGING HOUSE" shall mean a dwelling
house in which the proprietor supplies lodgings, with or without meals, in return
for monetary compensation. For the purpose of this By-Law a boarding, lodging
or rooming house shall not include a motel, motor hotel, hotel, bed and breakfast
establishment, group home or hospital.
2.7
"BUILDING" shall mean a structure having a roof supported by columns or walls
or directly on the foundation and used for the shelter and accommodation of
persons, animals or goods.
2.8
"BUILDING CODE ACT" shall mean the Building Code Act, S.O. 1992, c.23, as
amended, including regulations thereunder.
2.9
"BULK CONTAINER" shall mean a refuse container emptied by mechanical
means without removal from the property.
2.10
"CELLAR" shall mean that portion of a building between two floor levels which
is partly or wholly underground but which has more than one-half of its height
from finished floor to the underside of the floor joists of the storey next above,
below the average level of ground adjacent to the exterior walls of the building.
2.1 I
"COMMERCIAL PROPERTY" shall mean a property used for the sale and/or
rental of goods and/or services and for the purpose 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.
2.12
"COMMITTEE" shall mean the Property Standards Committee as established
under this By-Law.
2.13
"CORPORATION" shall mean the Corporation ofthe Township ofStirling-
Rawdon.
2.14
"COUNCIL" shall mean the Council ofthe Corporation ofthe Township of
Stirling-Rawdon.
2.15
"CRAWL SPACE" shall mean an enclosed space between the underside of a floor
assembly and the ground cover directly below, with a clearance less than 1.8
meters (5'11 ")in height.
2.16
"DWELLING" shall mean a building or structure or part of a building or structure
occupied or capable of being occupied in whole or in part for the purposes of
human habitation and includes the land and premises appurtenant thereto and all
outbuildings, fences or erections thereon or therein.
2.17
"DWELLING UNIT" shall mean a suite oftwo or more rooms designed or
intended as an independent unit for residential occupancy by humans for living
and sleeping purposes, in which sanitary conveniences are provided, in which
facilities are provided for cooking or for the installation of cooking equipment,
and in which a heating system is provided, and which has a private entrance from
- 3-
By-lawNo. 1227-18
outside the building or from a common hallway or stairway inside. For the
purpose of this By-Law, a dwelling unit does not include a hotel, motel or motor
hotel.
2.18
"EXTERIOR PROPERTY AREAS" shall mean the property excluding buildings.
2.19
"FENCE" shall mean a privacy or other screen.
2.20
"FIRE RESISTANCE RATING" shall mean the time in hours that a material
construction or assembly will withstand the passage of flame and transmission of
heat when exposed to fire under specified conditions of test and performance
criteria as stated in the Ontario Building Code.
2.21
"GROUND COVER" shall mean organic or nonorganic material applied to
prevent erosion of the exterior property area such as concrete, flagstone, gravel,
asphalt or grass.
2.22
"HABITABLE ROOM" shall mean a room designed or commonly used for living
purposes, including a bedroom and a kitchen but not including any space in a
dwelling used as a lobby, hallway, closet, or bathroom or any room having floor
space ofless than 4.65 square metres (50 sq. ft.).
2.23
"HOUSEKEEPING UNIT, SINGLE" shall mean a single dwelling unit used by
not more than four individuals who reside therein or more than four individuals
who reside there as a family provided there is no program, person or agency
requiring the supervision of such individuals.
2.24
"INDUSTRIAL PROPERTY" shall mean a property used for the manufacturing
and/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.
2.25
"MAINTENANCE" shall mean the preservation and keeping in repair of a
property.
2.26
"MEANS OF EGRESS" shall mean a continuous path of travel provided by a
doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp,
window or other egress facility for the escape of persons from any point within a
building, floor area, room or contained open space to a public thoroughfare or
approved open space and includes exits or access to exits.
2.27
"MULTIPLE DWELLING" shall mean a building containing two or more
dwelling units.
2.28
"MULTIPLE USE BUILDING" shall mean a building containing both a
residential and a non-residential property.
2.29
"TOWNSHIP" shall mean the Township of Stirling-Rawdon.
2.30
"NON-HABITABLE SPACE" shall mean any space in a dwelling or dwelling
unit other than a habitable room, and includes any bathroom, toilet room, laundry,
pantry, lobby, communicating corridor, stairway, boiler room or other space for
service and maintenance or common use, and for access to and vertical travel
between storeys; and any unfinished basement.
2.31
"OCCUPANT" shall mean any person or persons over the age of eighteen years
in possession of the property.
2.32
"OFFICER" shall mean a person who has been assigned the responsibility of
-4-
By-lawNo. 1227-18
administering and enforcing this By-Law.
2.33
"OWNER" shall mean the registered owner of the property or the person for the
time being paying the municipal taxes or managing or receiving the rent of the
property in connection with which the word is used whether on his or her own
account or as agent or trustee of any other person or who would so receive the
rent if such property 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
the property.
2.34
"PROPERTY" shall mean a building or structure or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected and includes vacant property.
2.35
"PUBLIC BUILDING" shall mean a building which is operated by a government
or public authority or agency thereof for the purpose of servicing the public.
2.36
"RENTAL UNIT" shall mean any living accommodation used for or intended for
use as a rented residential premises. And rental unit shall include:
(a)
a site for a mobile home or a site on which there is a land lease home used
or intended for use as a rented residential premises; and
(b)
a room in a boarding house, rooming house or lodging house.
2.3 7
"REP AIR" shall mean the provision of such facilities and the making of additions
or alterations or the taking of such actions as may be required so that the property
shall conform to the standards established in this By-Law.
2.38
"RESIDENTIAL PROPERTY" shall mean 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 land or buildings that are
appurtenant to such an establishment.
2.39
"ROLL-OFF CONTAINER" shall mean a refuse container which is required to
be transported from the property for the purpose of emptying.
2.40
"ROOMER OR LODGER" shall mean person harboured, received or lodged, in a
boarding, rooming or lodging house in return for compensation.
2.41
"SEW AGE" shall mean any liquid waste containing human, animal, vegetable or
mineral matter in suspension or solution, but does not include roof water or other
storm runoff.
2.42
"SEW AGE SYSTEM" shall mean:
a)
an adequate system of underground conduits, operated either by the
Corporation or by the Ministry of the Environment; or
b)
a private sewage disposal system or holding tank approved by the Ministry
of the Environment, the local Health Unit or other appropriate approval
authority.
2.43
"SIGN" shall mean a structure or advertising device having illustrations affixed
thereto or displayed thereon in any manner, which is used to identify, advertise or
attract attention to any object, product, place, activity, person, institution,
- 5 -
By-law No. 1227-18
organization, firm, group, profession, enterprise, industry or business, or which
displays or includes any letter, work, model, number, banner, flag, pennant,
insignia, device or representation used as an announcement, direction or
advertisement.
2.44
"STANDARDS" shall mean the standards of physical conditions and occupancy
set out in this By-Law.
2.45
"TOILET ROOM" shall mean a room containing a water closet and washbasin.
2.46
"WALL" shall mean the solid vertical structure forming any one of the sides of a
building and/or partition forming the side of a room.
2.47
"YARD" shall mean the land other than publicly owned land around and
appurtenant to any property or any part of a building or structure and used or
intended to be used or capable of being used in connection with said property.
2.48
"UNSAFE CONDITION" shall mean:
a)
structurally inadequate or faulty for the purposes for which it is used or
intended to be used; or
b)
in a condition that could pose a hazard to:
i)
persons in the normal use of a building;
ii)
persons authorized or expected to be on or about the property; or
iii)
persons or property in the immediate vicinity of the subject
condition.
3.
MAINTENANCE OF ACCESSORY AND UNOCCUPIED BUILDINGS AND YARDS
3.1
ACCESSORY BUILDING
3.1.1
Accessory buildings shall be kept in good repair and free from health, fire
and accident hazards.
3.1.2
The exterior of any accessory building shall be weather-resistant through
the use of proper weather-resistant material.
3.2
UNOCCUPIED BUILDINGS
3.2.1
Where any property is unoccupied, the owner or agent shall protect every
such property against the risk of fire, accident or other danger and shall
effectively prevent the entrance thereto of all unauthorized persons.
3.2.2 All materials used for boarding up unoccupied buildings shall be covered
and maintained with a preservative which is weather resistant.
3 .2.3
Where a building remains vacant and unattended for a period of more than
ninety (90) days, the owner or his agent shall ensure that all utilities
serving the property are properly disconnected or otherwise secured to
prevent accidental or malicious damage to the building or adjacent
property.
3.2.4
Section 3.2.3 does not apply where such utilities are necessary for the
safety, maintenance or security of the building.
3.3
DRAINAGE
3.3.1
Storm water shall be drained from the yard so as to prevent recurrent
pending or the entrance of water into a basement, cellar or crawl space.
-6-
By-law No. 1227-18
3.3.2 All reasonable means shall be employed to prevent the erosion of the soil
in the yard.
3.3.3
No roof drainage shall be discharged onto sidewalks, stairs or
neighbouring property.
3.4
FENCES
3.4.1
Every fence shall be kept:
a)
protected by paint, preservative or other weather resistant material
unless the aesthetic characteristics of the fence, screen or enclosure
are enhanced by the lack of such material;
b)
in a structurally sound condition;
c)
free from objectionable markings, painted slogans, stains or other
defacement;
d)
so as not to obstruct drainage easments;
e)
in good repair and free of accident hazards.
3.4.2
The provisions set out in Section 3.4.1 herein, shall not apply to fences
located within the Permanent Agricultural (PA) Zone, the Marginal
Agricultural (MA) Zone, and the Environmental Protection (EP) Zone as
set out in the Comprehensive Zoning By-Law as amended.
3.5
GARBAGE DISPOSAL
3.5.1
All garbage, rubbish and other debris from a property shall be promptly
stored in a receptacle and made available for removal or removed in
accordance with the waste management regulations. Where private
containerized garbage pickup is provided, such containers shall be placed
behind the building line and kept in a neat and tidy condition.
3.5 .2
Without limiting and in addition to the generality of Subsection 3.5 .1, the
collection, handling, storage and disposal of refuse shall comply with the
following:
a)
it shall facilitate collection and disposal as required by the
municipal corporation or private collecting agency, as applicable;
b)
refuse storage facilities shall be readily accessible to all occupants
for whom the storage facility is required to be provided, or in the
alternative be readily accessible by an operable refuse chute
provided for this purpose in compliance with all regulations
applicable thereto;
c)
refuse storage facilities shall be maintained in a clean, sanitary and
odour controlled condition;
d)
it shall not obstruct an emergency route, recreation facility, parking
area, driveway or walkway; and
e)
it shall not be stored adjacent to any building so as to create a fire
hazard to the building or its occupant.
3.5.3
Where refuse is to be stored or placed for disposal outside the enclosing
- 7 -
By-law No. 1227-18
walls of a building, the storage and place for disposal shall:
a)
be maintained at all times in a litter free condition and in a manner
that will not attract pests or create a health or safety hazard due to
the nature of the storage or through deterioration, wind or misuse
ofthe storage facility;
b)
be screened from a public highway, street, walkway, park or
residential or non-residential property so as not to be visible from
such locations.
3.5.4 Nothing in this Section shall require screening:
a)
whose only purpose is to screen a refuse collection area from
another refuse collection area on the same or abutting properties;
or
b)
between each occupancy in a multiple dwelling; or
c)
that reduces the width of an access route to less than I 0 metres
(32.8 feet);
d)
in regard to the placement of refuse for imminent pickup and
disposal in compliance with the refuse collection By-Law of the
Township;
e)
in relation to a building containing less than five dwelling units.
3.5.5
Where an exterior bulk or roll-off container refuse disposal system is used
it shall:
a)
be equipped with covers or similar devices which shall be readily
openable but not left open except when actively being loaded; and
b)
be large enough to contain all refuse generated between collections
by the occupants served; and
c)
not be loaded beyond the top ofthe container.
3.5.6
Subsection 3.5.5 (a) shall not apply to the storage of industrial or other
reclaimable refuse that will not materially deteriorate by weathering or
pests.
3.5.7
All refuse shall be stored inside the enclosing walls of a building when:
a)
the building contains five or more dwelling units, except that this
requirement need not apply to a building for which the building
permit was issued prior to the third reading of this by-law,
provided the refuse disposal facilities are not exposed to view from
within any dwelling unit on or adjacent to the property or are in
compliance with Subsection 3.5.10;
b)
the refuse is generated and stored for disposal through food
manufacturing or processing or by a restaurant, hotel, motel,
banquet hall, cafeteria or other establishment engaged in the
serving of meals to the public in consideration of payment therefor,
except that this requirement shall not apply to any establishment
engaged exclusively in the packaging or warehousing of food
products where no food products refuse results from such
operation; or
- 8 -
By-law No. 1227-18
c)
the building is a retail commercial use exceeding 1,400 square
metres (15,070 sq. ft.) in gross floor area.
3.5.8
Where refuse is stored or placed for disposal inside the enclosing walls of
a building, the storage and placement for disposal shall:
a)
comply with the Building Code Act and the Fire Code; and
b)
be large enough to contain all refuse generated between collections
by the occupants served.
3.5.9
Where a refuse chute system was originally provided in a multiple floor
building, the system shall be maintained operative, except that acceptable
alternatives may be provided if readily accessible to all occupants.
3.5.10 Notwithstanding Subsection 3.5.7, refuse shall be deemed to be stored
inside a building when:
a)
a bulk or roll-off container is used; and
b)
connected to the building by a system of enclosed chutes such that
the loading of refuse thereto is directly from within the building
utilizing manual, compaction or other methods of handling; and
c)
the components outside the building are screened from view and
maintained as prescribed in Subsection 3.5.3.
3.5.11 Notwithstanding the requirements ofthis Section, temporary storage
resulting solely from the construction, demolition or alteration of a
building or part thereof may be placed on the property provided:
a)
it is removed frequently and in its entirety from the property;
b)
it will not cause risk to the health or safety of any persons; and
c)
it is not stored in such a manner as to be deleterious to the
neighbouring environment.
3.6
NOXIOUS PLANTS
All properties shall be kept free from noxious plants, including ragweed, poison
ivy, poison oak, poison sumac, wild parsnip and hogweed and comply with the
specifications ofthe Weed Control Act, R.S.O. 1990 c.W.5, as amended, and
regulations thereunder, and any other By-Law ofthe Township ofStirling-Rawdon.
3.7
PARKING, WALKWAYS AND SAFE PASSAGE
3. 7.1
Areas used for vehicle traffic and parking shall be paved with bituminous,
concrete or equivalent surfacing or shall be surfaced with crushed stone or
other suitable and reasonable dust free substance, and shall be free from
ponding and puddles and otherwise in good repair.
3.7.2
Paved communal parking areas shall be provided with suitable markings,
such as painted lines, to indicate parking spaces, means of entry and egress
for vehicles and shall be maintained so as to be clearly visible.
3.7.3
In yards of multiple dwellings and non-residential properties sufficient
lighting of exterior property areas shall be provided to minimize any
- 9 -
By-law No. 1227-18
danger to persons using walkways.
3.7.4 Lighting standards and fixtures shall be kept in safe condition and good
working order.
3.7.5
Communal walkways, driveways, ramps, parking areas and outside stairs
and landings shall be promptly cleared of snow and appropriate measures
shall be taken to minimize the risk of persons slipping or vehicles skidding
on icy surfaces.
3.7.6
Walkways shall be repaved, resurfaced or regraded as often as necessary
to maintain a reasonably smooth, slip-free and safe surface for pedestrian
traffic.
3.8
SEWAGE
3.8.1
Sewage or organic waste shall be discharged into a sewage system
approved by the Medical Officer of Health, Ministry of the Environment
or other authorized approval authority.
3.8.2
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.
3.9
YARDS
3.9.1
All yards shall be kept clean and free from rubbish, garbage, brush, or
other debris and from objects or conditions that might create a health, fire
or accident hazard.
3.9.2
Any vehicle, including a trailer, which is in a wrecked, discarded,
dismantled, inoperative or abandoned condition without current license
plates shall not be parked, stored or left in a yard but this shall not prevent
the occupant of any premises from repairing a vehicle for his or her own
use but not for commercial purposes, while such repair is completed
within one month.
3.9.3
All yards shall be kept reasonably free of weeds. Noxious weeds and
heavy undergrowth shall be eliminated.
3.9.4
Lawns, hedges and bushes shall be kept trimmed to a suitable height and
shall not be overgrown or unsightly.
3.9.5
All yards and vacant lots shall be kept clean and free from termites,
rodents, vermin and other pests and any conditions which might result in
the harbouring of such pests.
3.9.6 All yards and vacant lots shall be free of dilapidated or collapsed
structures or erections or accumulation of materials, inoperative
machinery, or any parts thereof or any other unsafe condition or unsightly
condition out of character with the surrounding environment.
3.9.7 All yards and vacant lots shall be free of holes or excavations or any
unprotected wells that might create an accident or health hazard.
3.9.8
All yards shall be protected by suitable ground cover which prevents
erosion of the soil.
3.9.9
The provisions set out in 3.9.1 to 3.9.8 herein shall not apply to non-
residential buildings and structures located within the Permanent
Agricultural (PA) Zone, the Marginal Agricultural (MA) Zone, and the
- 10-
By-law No. 1227-18
Environmental Protection (EP) Zone as set out in the comprehensive
zoning by-law which applies to the property.
3.10
BUFFERING
3.1 0.1 Premises which, because of their use or occupancy, or for other reason,
create a nuisance to adjacent premises or to the neighbourhood or to the
users of streets or parks shall be buffered from such premises or public
areas so as to minimize the effect of the nuisance.
3.10.2 Without limiting the generality ofthe foregoing, such buffering shall
include:
a)
the provision and maintenance of an effective barrier to prevent
wind-blown waste, wrappings, debris and the like from
encroaching on the adjacent premises;
b)
the provision and maintenance of a visual screen to minimize the
visual impact of nuisances to persons at grade adjacent to the
property;
c)
to prevent lighting and vehicle headlights in parking areas from
shining directly into dwelling unit windows;
d)
to screen transformers and other like appendages; and
e)
to provide a safe route for persons and vehicles.
3.11
PEDESTRIAN ACCESS
3.11.1 A safe pedestrian access shall be provided to the principal entrance of
every residential building.
3.12
RETAINING WALLS
3 .12.1 Retaining walls shall be maintained in a structurally sound condition, good
repair and free from accident hazards.
3.12.2 Without restricting the generality of Subsection 3.12.1, the maintenance
includes:
a)
redesigning and rebuilding to the requirements of the Building
Code Act, or replacing of all deteriorated, damaged, misaligned or
missing portions of the wall or railings and guards appurtenant
thereto;
b)
installing subsoil drains where required to maintain the stability of
the wall;
c)
grouting masonry cracks; and
d)
applying a coating or equivalent preservative to prevent
deterioration or an unsightly appearance deleterious to the
neighbourhood environment.
3.13
GANTRIES AND ANTENNAS
3.13.1 Gantries, antennas and like structures shall be maintained:
a)
plumb, unless specifically designed to be other than vertical;
3.14
SIGNS
- 11 -
By-law No. 1227-18
b)
in good repair and free of fire and accident hazards;
c)
in a relatively rust free condition; and
d)
so as not to present an unsightly appearance deleterious to the
neighbouring environment.
3 .14.1 Signs shall be repaired and maintained:
a)
so as not to cause any unsafe condition;
b)
in a vertical plane unless otherwise erected and approved, in which
case the sign shall be maintained as erected and approved;
c)
without any visible deterioration ofthe sign and its structure when
viewed from any property other than the property on which the
sign is situated; and
d)
in conformance with the requirements of the Sign By-Law of the
Township of Stirling-Rawdon.
3 .14.2 Signs and sign structures that are unused, not cared for or discarded shall
be removed from the property or shall be stored within a building.
3.14.3 When the sign face or other parts of a sign have been removed, the
remaining portion of the sign including the sign structure shall be
maintained in a safe condition and so as not to create an unsightly
appearance deleterious to the neighbouring environment, or be removed.
4.
MAINTENANCE OF BUILDINGS AND STRUCTURES
4.1
STRUCTURALLY SOUND
4.1.1
Every part of a property shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and any
load to which it may be subject.
4.1.2
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
4.1.3
The factors of safety specified in the Building Code Act are the minimum
standards.
4.1.4
An owner disputing the need for repairs under this Section may submit a
written report signed and sealed by a professional engineer licensed to
practice in the relevant discipline in the Province of Ontario on the matters
thereto.
4.1.5
An Officer may accept the findings in the report pursuant to Subsection
4.1.4 as the requirements for compliance with the required repairs
provided the Officer is satisfied all deficiencies have been identified and
appropriately dealt with by the report.
4.1.6
An Officer may require an engineer's report of a building if, in the opinion
of the Officer, the building is not structurally sound. Such engineer's
report shall be at the expense of the owner(s).
- 12-
By-lawNo. 1227-18
4.2
PEST PREVENTION
4.2.1
All property shall be kept free of rodents, vermin and insects at all times
and methods used for exterminating rodents, vermin, or insects shall be in
accordance with the provisions ofthe Pesticides Act, R.S.O. 1990 c.P.ll,
as amended, including regulations thereunder ..
4.2.2
Basement and cellar windows or ventilators used or required for
ventilation, and any other openings in a basement or cellar including a
floor drain that might permit the entry of rodents, shall be screened with
wire mesh, metal grille or other durable material which will effectively
exclude rodents.
4.3
FOUNDATIONS
4.3.1
Foundations shall be of masonry, concrete or other acceptable materials
and designed to adequately support the loads imposed and provide a dry
basement, cellar or crawl space. They shall be free of leaks and defective
mortar joints or masonry. Foundation walls shall be waterproof and
damp-proof to prevent the entry of moisture or water into the basement,
cellar or crawl space.
4.3.2
Foundations shall be maintained in good repair. The maintenance and
repair includes:
a)
extension of the wall foundations below grade or regrading to
provide adequate frost cover;
b)
installing subsoil drains where such would be beneficial;
c)
repairing or replacing decayed, damaged or weakened sills, piers,
posts or other supports;
d)
grouting, waterproofing, cladding or replacing as necessary so as
to be weathertight;
e)
where insects and rodents are detected, the treatment by acceptable
methods to deter their entrance;
f)
the replacement, cladding or treatment with other methods to
restore the wall to its original or acceptable equivalent appearance;
g)
the applying of acceptable materials to preserve all wood, metal
work or other materials not inherently resistant to weathering or
wear;
h)
the restoring or replacing of:
i)
the foundations, walls, columns, beams, floor and floor
slabs; and
ii)
components, cladding, finishes, and trims forming a part
thereof;
i)
the carrying out of such other work as may be required to
overcome any existing settlement detrimental to the structural
integrity or appearance of the building;
j)
removing or replacing loose or unsecured objects and materials.
- 13-
By-lawNo. 1227-18
4.4
BASEMENTS, CELLARS AND CRAWL SPACES
4.4.1
Where a basement or cellar has a concrete or masonry floor, such floor
shall be maintained in good condition.
4.4.2
Where a basement, cellar or crawl space has an earthen floor, adequate
ventilation shall be provided.
4.4.3
Basement or cellar windows used or required for ventilation and any other
opening in a basement or cellar including a floor drain, shall be screened
with wire mesh, metal grille or other durable material which will
effectively exclude rodents.
4.4.4
Where equipment requiring service such as plumbing, clean outs, traps
and burners is located in crawl spaces, safe and adequate access shall be
provided.
4.5
DAMPNESS
The interior floors, ceilings and walls shall be kept free from dampness arising
from the entrance of moisture through an exterior wall or a roof, or through a
cellar, basement or crawl space floor.
4.6
INSULATION
4.6.1
The insulation requirements of the Building Code Act shall be complied
with where necessary and practical.
4.6.2
Every dwelling shall be provided with sufficient thermal insulation and
vapour barrier to prevent moisture condensing on the interior surfaces of
walls, ceilings and floors during the winter and to ensure comfortable
conditions for the occupants.
4.7
EXTERIOR WALLS, COLUMNS AND BEAMS
4. 7.1
The exterior walls and other parts of the building shall be free from loose,
rotted, warped and broken materials and objects. Such materials and
objects shall be removed, repaired or replaced.
4.7.2
All exterior surfaces shall be of materials which provide adequate
protection from the weather and insects.
4.7.3
The exterior walls and their components shall be adequate to support the
loads upon them and shall have an acceptable cladding or covering, free of
holes, cracks or excessively worn surfaces, to prevent the entry of
moisture into the structure and provide reasonable durability and shall be
so maintained by the painting, restoring or repairing of the walls, coping
or flashing and by the waterproofing of joints and of the walls themselves
and by the installing or repairing of termite shields or other suitable
methods.
4.7.4
Appropriate measures shall be taken to remove any objectionable
markings, stains, or other defacement occurring on the exposed finished
exterior surfaces and where necessary to restore the surface and adjacent
areas to, as near as possible, their appearance before the marking, staining
or defacement occurred.
4. 7.5
Exterior surfaces of a building shall be kept clean.
4.7.6
Exterior surfaces of materials used for the temporary barricading of
- 14-
By-law No. 1227-18
openings to the interior of a building shall be surfaced with a finish
compatible with the surrounding finishes.
4.7.7
Exterior columns and beams shall be maintained in a good state of repair
and any decorative trim shall be maintained in a safe condition. Where
necessary, such columns, beams and trim shall be restored, repaired or
replaced and suitably protected against weathering, so as to prevent or
remedy deterioration detrimental to the appearance of the building.
4.7.8
The provisions set out in Sections 4.7.1 to 4.7.7 herein, shall not apply to
non-residential buildings and structures located within the Permanent
Agricultural (P A), Marginal Agricultural (MA), the and the Environmental
Protection (EP) Zones as set out in the Zoning By-Law which applies to
the property.
4.8
ROOFS
4.8.1
All roof construction components shall provide adequate support for all
probable loads and form a suitable base for the roof covering. The roof
including the fascia board, soffit, cornice and flashing shall be maintained
in a watertight condition so as to prevent leakage ofwater into the
building and where necessary shall be maintained by the repair of the roof
and flashing, or by applying waterproof coatings or coverings.
4.8.2
Every roof including related roof structures, eaves troughs, roof gutters,
down pipes, and ice guards shall be maintained, repaired or replaced so as
to properly perform the intended function.
4.8.3
Without restricting the generality of Subsections 4.8.1 and 4.8.2, the
maintenance and repair includes:
a)
removal of obstructions or loose, unsecured objects and materials;
b)
removal of dangerous accumulations of snow and ice;
c)
removal of other accident and fire hazards;
d)
the overhaul or provision of flashings.
4.8.4
Chimneys, smoke or vent stacks and other roof structures shall be
maintained in good repair so as to be free from:
a)
loose bricks, mortar, and loose or broken capping;
b)
loose or rusted stanchions, guy wire, braces and attachments; and
c)
any fire or accident hazard.
4.9
DOORS AND WINDOWS
4.9.1
All exterior openings shall be fitted with doors or windows.
4.9.2
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind or rain into
the building.
4.9.3
Rotted or damaged doors, door frames, window frames, sashes and
casings, weather stripping, broken glass and missing or defective door and
window hardware shall be repaired or replaced.
- 15-
By-law No. 1227-18
4.9.4
Without restricting the generality of Subsection 4.9.3, the maintenance and
repair includes:
a)
the refitting, replacing or renewing of damaged, decaying or
defective doors, windows, frames, sashes, casings, shutters,
hatchways or screens;
b)
reglazing cracked, broken or missing glass;
c)
replacing or providing defective or missing hardware;
d)
rescreening or weather stripping where such is defective or
missing;
e)
painting or the applying of a similarly effective preservative.
4.9.5
When an opening is used or required for ventilation or illumination and is
not required to be protected by a door, window or similar closure, it shall
be protected with a:
a)
wire mesh screen, metal grille or other equivalent durable material;
or
b)
other protection so as to effectively prevent the entry of rodents or
vermm.
4.9.6
All exterior doors and opening windows in a dwelling unit shall be
provided with the means ofbeing latched or secured from within.
4.10
FLOORS, STAIRS, VERANDAS, PORCHES, DECKS, LOADING DOCKS,
BALCONIES, HANDRAILS AND LANDINGS
4.1 0.1 Every floor, stair, veranda, porch, deck, loading dock, balcony and every
appurtenance and surface finishing attached or laid thereto shall be
maintained, reconstructed, repaired, cleaned or replaced so as to properly
perform the intended function and be of acceptable appearance.
4.1 0.2 Without restricting the generality of Subsection 4.1 0.1, the maintenance,
reconstructing or repair includes:
a)
repairing or replacing floors, treads and riser, including finishes
such as linoleum and carpet that contain depressions, protrusions,
deterioration, or are broken, torn, warped, loose or otherwise
defective;
b)
renewing or strengthening structural members that are rotted,
deteriorated or loose;
c)
providing or renewing balustrades, guardrails and railings;
d)
restricting openings in and climb-ability of guards to which small
children have access to the requirements of the Building Code Act;
and
e)
painting or the applying of other equivalent preservative.
4.11
WALLS AND CEILINGS
4.11.1 Every wall and ceiling finish shall be maintained so as to be free of holes,
cracks, loose coverings or other defects. Such maintenance shall include
- 16-
By-lawNo. 1227-18
appropriate finishing of all joints and surfaces.
4.11.2 Where dwelling units are separated vertically, the dividing walls from the
top of the footings to the underside of the roof deck, and any space
between the top of the wall and the roof deck shall be tightly sealed by
caulking, mineral wool or similar non-combustible material, and such
walls shall conform to the fire resistance ratings required in the Building
Code Act.
4.12
EGRESS
4.12.1 Every required exit from a residential building shall open directly to a
street or outer court.
4.12.2 In the case of a single dwelling, there shall be at least two exits suitably
remote from each other, from the first storey.
4.12.3 Every dwelling which contains dwelling units located other than on the
ground floor shall be provided with a second means of egress.
4.12.4 In the case of a multiple dwelling, wherever there are not two means of
egress from each apartment, suitably remote from each other, there shall
be ready access to at least two means of egress leading to separate and
independent exits or safe place of rescue.
4.12.5 A required exit shall not pass through an attached garage, or built-in
garage or an enclosed part of another dwelling unit.
4.12.6 All commercial and industrial buildings shall be provided with exits of
size and number so as to be in compliance with the requirements ofthe
Ontario Building Code, as amended from time to time for the appropriate
group and division.
4.12.7 All commercial and industrial buildings shall be provided with lighting
facilities capable of supplying no less than ten (1 0) lux of light intensity
onto the floor surfaces continuously.
4.12.8 All commercial and industrial buildings shall be provided with clean,
clear, unobstructed and readily visible exit signs where such exit signs
would be required to locate means of egress.
4.13
AIR CONDITIONERS
All air conditioners (including heat pumps) shall be maintained in a safe
mechanical and electrical condition and shall not adversely affect areas beyond
the limits ofthe property by reason of noise or condensation drainage.
4.14
ELEVATING DEVICES
Elevating devices shall be maintained:
a)
in accordance with the requirements ofthe Elevating Devices Act, R.S.O.
1990 c.E.8, and the Building Code Act, as amended, and all regulations
made thereunder;
b)
with all parts and appendages including lighting fixtures, lamps, elevator
buttons, floor indicators and ventilation fans in good repair and
operational.
- 17-
By-lawNo. 1227-18
4.15
FIRE AND ACCIDENT PREVENTION
4.15 .1 When, because of the existence of a building or accessory structure, or the
contents thereof, an unsafe condition exists to persons on or about the
exterior property areas of a premises, the Building Code Act shall apply to
the extent necessary to abate the unsafe condition.
4.15.2 In the event that strict application ofthe regulations in the Building Code
Act is not practical, the Chief Building Official may accept alternative
measures, as provided in the Building Code, 2.7.1.1 (a) & (b), provided
the standard of safety that results is generally equivalent to the standard
provided by the Building Code Act regulations.
4.15 .3 In the event oftlre or other disaster, measures shall be taken as soon as
possible to make the damaged building or accessory structure compatible
with its environment. Without restricting the generality of the foregoing,
such measures include making the building or accessory structure safe;
repairing damaged surfaces exposed to view; and refinishing so as to be in
harmony with adjoining undamaged surfaces and the general environment.
4.15.4 In the event the building or accessory structure is beyond repair, the land
shall be cleared of all remains and left in a graded, level and tidy
condition.
4.15.5 Materials of a flammable nature shall be safely stored or removed at once
from the property.
5.
STANDARDS FOR USE AND OCCUPANCY OF BUILDINGS
5.1
CLEANLINESS
Every floor, wall, ceiling and fixture in a building shall be maintained in a clean
and sanitary condition and the building shall be kept free from rubbish, debris or
conditions which constitute a fire, accident or health hazard.
5.2
WATER
5.2.1
Every dwelling, dwelling unit, commercial, or industrial building shall be
provided with an adequate supply of potable running water from a source
approved by the Medical Officer of Health or other authorized approval
authority.
5.2.2
Every sink, wash basin, bathtub, or shower required by this By-Law shall
have an adequate supply of hot and cold running water.
5.2.3
Adequate running water shall be supplied to every water closet.
5.3
PLUMBING
5.3.1
Sewage shall be discharged into the sewage system or a system approved
by the Medical Officer of Health or municipal designate.
5.3.2
All plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the sewage system shall be
maintained in good working order and be protected from freezing.
5.3.3
The plumbing system shall provide an adequate and potable hot and cold
water supply, drainage, venting and operation of fixtures.
5.3.4 Every water heater shall have sufficient capacity to provide an adequate
- 18-
By-law No. 1227-18
supply of hot water at a temperature of not less than 43 degrees Celsius
(1 09.4 degrees Fahrenheit) at all times in all parts of every building,
dwelling unit, or shared facility.
5.3.5
All plumbing fixtures and piping shall conform to all Federal and
Provincial legislation and regulations and to municipal By-Laws.
5.3.6
Where washing machines and plumbing fixtures are provided, they shall
be maintained in good working order and in accordance with the
manufacturer's recommendations or be removed.
5.4
TOILET AND BATHROOM FACILITIES
5.4.1
Every dwelling unit except as provided in Subsection 5.4.2 hereof, shall
contain plumbing fixtures consisting of at least:
a)
a water closet;
b)
a kitchen sink;
c)
a wash basin; and
d)
a bathtub or shower.
5.4.2
In a boarding or lodging house there shall be a water closet, wash basin
and bathtub or shower for not more than eight persons and these facilities
shall be located on the same storey as, or on the next storey up or down
from, the storey on which the room or dwelling unit is located.
5.4.3
Every commercial and industrial building shall contain plumbing fixtures
in accordance with the appropriate provincial legislation.
5.4.4
All bathrooms and toilet rooms shall be located within and be accessible
from within the building which it serves.
5.4.5
All bathrooms and toilet rooms shall be fully enclosed and have a door
capable of being locked so as to provide privacy for the occupant.
5.4.6
Where practical a wash basin shall be located in the same room as the
water closet, or shall be conveniently adjacent to the room containing the
water closet.
5.4.7 No facilities for the preparation, cooking, storage or consumption of food
or for sleeping shall be within a room containing a water closet.
5.4.8
In a building containing dwelling units, the sanitary conveniences and
toilet facilities used in connection with the residential portion ofthe
building shall be separated from any facilities and conveniences used in
connection with any non-residential portion unless the occupants of the
residential portion are also the occupants ofthe non-residential portion.
5.4.9
Rooms containing sanitary conveniences and toilet facilities shall:
a)
be regularly cleaned so as to be maintained in a clean and sanitary
condition; and
b)
have smooth surfaces reasonably impervious to water.
- 19-
By-law No. 1227-18
5.5
KITCHENS
5.5.1
Every kitchen area shall be equipped with a sink served with hot and cold
running water, storage facilities and counter top work area having
minimum dimensions of 1.20 metres (3.94 ft.) in length by 0.56 metres
(1.84 ft.) in width and space shall be provided for a stove and refrigerator.
5.5.2
The back splash and counter top around the kitchen sink shall have an
impervious surface.
5.5.3
Every kitchen shall have provided an adequate and approved cooking
device and it shall be installed in compliance with the Building Code Act
for clear space above any exposed cooking surface. Clear space may be
reduced in compliance with the requirements ofthe Building Code Act.
5.6
GARBAGE, REFUSE STORAGE ROOMS AND CHUTES
Where garbage, refuse storage rooms and chutes are provided they shall be in
conformity with the Building Code Act and maintained in a clean and sanitary
condition.
5.7
HEATING, VENTILATING AND MECHANICAL SYSTEMS
5.7.1
Any heating appliance or device shall be located with reference to clear
space requirements on all sides in accordance with the Building Code Act
and shall not be placed so as to impede the free movement of persons
within the room where it is located.
5.7.2
A space that contains a heating unit shall have natural or mechanical
means of supplying air in such quantities to provide adequate combustion.
5. 7.3
Where a heating system, or part of it, or any auxiliary heating system
bums solid or liquid fuel, a space or receptacle for the storage of the fuel
or residue shall be provided and maintained in a convenient location and
properly constructed so as to be free from fire or accident hazards.
5. 7.4
Fuel burning equipment shall be vented to a duct by means of a
connection leading to a chimney or a vent or flue which conforms to
building and safety standards.
5.7.5
Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the dwelling.
5. 7.6
All flues shall be kept clear of obstruction, all open joints shall be sealed
and all broken and loose masonry shall be repaired.
5.7.7
Fireplaces and similar construction used or intended to be used for burning
fuels in open fires shall be connected to approved chimneys and shall be
installed so as not to create a fire hazard to nearby or adjacent combustible
materials and structural members.
5.7.8
In multiple dwellings provided with a central heating system, the heating
unit shall be located in a separate room having walls, ceilings and doors all
of which shall have the appropriate fire resistance ratings as required by
the Building Code Act. The room shall be provided with sufficient
combustion air directly from the outside.
5.7.9
In all commercial or industrial buildings provided with a central heating
system, the heating unit shall be located in a separate room, having walls,
ceilings and doors, all of which have the appropriate fire resistance rating
-20-
By-lawNo. 1227-18
as required by the Building Code Act.
5.7.1 0 Heating, ventilating and mechanical systems including factory built
stoves, fireplaces and chimneys, fans, pumps, filtration and other
equipment provided to supply heat or other services shall be maintained:
a)
operational in accordance with manufacturer's specifications; and
b)
free of hazards that could cause an accident.
5.7.11 Ventilation systems shall be:
a)
regularly cleaned and maintained in good repair, working order
and in a safe condition at all times; and
b)
in conformance with the requirements of the Building Code Act.
5.8
ELECTRICAL SERVICES
5.8.1
Electrical installations, including the service capacity of the installations
and the number and distribution of circuits, shall conform to the Electricity
Act 1998, S.0.1998 c.15.
5.8.2
Every habitable room, except for a kitchen, shall contain at least one
electrical duplex convenience outlet. Additional duplex convenience
outlets shall be provided in accordance with the requirements of the
Building Code Act.
5.8.3
Every kitchen shall have at least two electrical duplex convenience outlets,
which shall be on separate circuits. One such outlet shall be provided
over the counter top work surface and one shall be provided at the
refrigerator space. In addition, an outlet shall be provided in a dining area
forming part of a kitchen.
5.8.4
Fuses or overload devices shall not exceed limits set by the Electrical
Safety Code.
5.8.5
An electrical light fixture shall be installed in every bathroom, toilet room
laundry room, furnace room, kitchen, hallway, stairwell, basement and
cellar.
5.8.6
Extension cords shall not be permitted on a permanent basis.
5.8.7
The electrical wiring and all electrical fixtures located or used in any
building shall be installed and maintained in good working order and in
conformity with the Electrical Safety Code.
5.8.8
A smoke alarm shall be installed in each living unit on each sleeping floor
and maintained in operable condition at all times.
5.9
LIGHT
5.9.1
Every habitable room except for a kitchen, shall have a window or
windows, skylights or translucent panels that face directly outside at least
15 centimetres (6 inches) above the adjoining finished grade with an
unobstructed light transmitting area of not less than ten percent of the floor
area of such rooms. The glass area of a sash door may be considered as a
portion of the required window area.
5.9.2
Every hall, stairway, entrance and exit in all buildings shall be illuminated
at all times so as to provide safe passage and the level of illumination, at
- 2I -
By-law No. I227 -I8
floor level, shall not be less than II lux (I foot candle).
5. 9.3
Whenever walls or other portions of structures are located on the outside
less than 0.9I metres (3 feet) from a window, such a window shall not be
deemed to face directly to the outside and shall not be included as
contributing to the required minimum window area of the room.
5.IO
VENTILATION
5.1 O.I Every habitable room shall have an opening or openings for natural
ventilation from the outside. Such opening or openings shall have a
minimum aggregate unobstructed area of 0.28 square metres (3 square
feet) and shall be located in the exterior walls or through openable parts of
skylights.
5.1 0.2 Openings for natural ventilation may be omitted from a kitchen, living or
living-dining room, basement, cellar and crawl space if mechanical
ventilation is provided which changes the air once every hour.
5.1 0.3 Every bathroom or room containing a water closet, shall be provided with
an opening or openings for natural ventilation located in an exterior wall
or through openable parts of skylights except said openings may be
omitted where a system of mechanical ventilation has been provided, such
as an electrical fan with a duct leading to outside the dwelling.
5.1 0.4 All systems of mechanical ventilation or air conditioning shall be
maintained in good working order.
5.1 0.5 Every basement, cellar, and unheated crawl space shall be adequately
vented to the outside air by means of screened windows which can be
opened or by louvers with screened openings.
5.1 0.6 In multiple dwellings, every laundry room, garbage room, corridor, boiler
room, storage garage and all parts of the building used by the tenants in
common shall be adequately ventilated and where a system of mechanical
ventilation is used, it shall be maintained in good working condition.
5.10.7 Where insulation is installed so that there is a space between the insulation
and the roofing, such space shall be ventilated.
5.1I
HEAT
5.11.1 Heat shall be provided and maintained in a dwelling unit so that the room
temperature at 1.5 metres (5 feet) above floor level and 1 metre (3.3 feet)
from exterior walls in all habitable space in any area intended for normal
use by occupants, including recreation rooms and laundry rooms, but
excluding locker rooms and garages, may be maintained to a minimum of
20 degrees Celsius (68 degrees Fahrenheit).
5.11.2 Subsection 5.11.1 does not apply to a dwelling unit in which the occupant
can regulate the temperature as long as a minimum of 20 degrees Celsius
(68 degrees Fahrenheit) can be maintained.
5.11.3 Every dwelling unit shall have heating equipment capable of maintaining
the temperature levels required by Subsection 5 .11.1.
5.11.4 No dwelling unit shall be equipped with portable heating equipment as the
primary source of heat; and
5.11.5 Only heating equipment approved for use by a recognized standards testing
authority shall be provided in a room intended for use for sleeping purposes.
-22-
By-lawNo. 1227-18
6.
OCCUPANCY STANDARDS FOR DWELLINGS
6.1
Every occupant of a dwelling, in that part of the dwelling that he or she occupies
or controls, shall:
a)
limit the number of occupants thereof to the maximum number permitted
by this By-Law;
b)
maintain all plumbing, cooking, refrigerating appliances and fixtures and
all storage facilities and other equipment therein in a clean, safe and
sanitary condition;
c)
keep all exits clean and unobstructed;
d)
maintain the dwelling in a safe, clean and sanitary condition.
6.2
A dwelling shall be at all times kept free of rodents, vermin and insects which
may be deleterious to safety or health and from conditions which may encourage
infestation by such pests.
6.3
In a dwelling unit, openings in the exterior walls or roof shall be fitted and
maintained as to protect all habitable space from water and weather entry and so
as to make such space reasonably free from drafts.
6.4
No person shall use or permit the use of a non-habitable space in a dwelling for a
habitable room purpose.
6.5
The maximum number of occupants in a dwelling or dwelling unit shall not
exceed one person per 9.28 square metres (100 sq. feet) ofhabitable room floor
area.
6.6
For the purpose of computing the maximum number of occupants in Subsection
6.5 any child under twelve of age shall be deemed one-half person.
6.7
No room in any dwelling shall be used for sleeping purposes unless there is a
minimum width of2 metres (6.6 feet) and a minimum floor area of7 square
metres (75 sq. feet). At least one half of the required minimum floor area shall
have a ceiling height of2.13 metres (7 feet) and no floor area with a ceiling height
ofless than 1.37 metres (4.5 feet) shall be counted.
6.8
A bedroom shall be a habitable room and no kitchen, bathroom or hallway shall
be used as a bedroom.
6.9
If a finished ceiling is not applied to the underside of the joists, then the bottom of
the joists shall be deemed to be a ceiling for the purpose of establishing these
vertical height measurements.
6.10
The minimum floor area of a room used by two or more persons for sleeping shall
be 3.72 square metres (40 sq. feet) for each person so using the room.
6.11
Food shall not be stored or prepared in a room that contains a water closet.
6.12
No portion of a building shall be occupied if it does not meet the requirements of
this By-Law.
7.
ADMINISTRATION
7.1
APPLICATION OF BY-LAW
7 .1.1
This By-law shall apply to all property in the Township of Stirling-
Rawdon.
- 23-
By-lawNo. 1227-18
7 .1.2
Any owner of property which is below the standards prescribed in this By-
Law is required to repair and maintain such property to comply with the
standards prescribed in this By-Law or clear the site of all buildings,
structures, debris or refuse and leave it in a graded and leveled condition.
7.2
PROPERTY STANDARDS AUTHORITY
7 .2.1
An officer may enter upon any property at any reasonable time for the
purpose of inspecting the property for the purpose of determining
compliance with the provisions ofthis By-law, subject to the provisions of
Section 436 of the Municipal Act, 2001 as amended from time to time.
7.2.2
Where an officer finds that any property does not comply with the
provisions of this By-law, the officer may provide a written Order to the
owner and/or occupant of the property in accordance with Section 7.2.3 of
this By-law.
7.2.3
An Order pursuant to Section 7.2.2 of this By-law shall:
a)
be served on the owner and/or occupant of the property and a copy
of the order may be posted on the property;
b)
specify the work to be done and the time or times within which it
shall be completed; and
c)
specify the property upon which the work is to be done,
sufficiently enough to enable the owner or occupier to identify it.
7.2.4
The time period stipulated in an Order for work to be completed shall be
no less than:
a)
10 business days for an Order requiring clean-up of domestic
waste, cutting and/or disposal of long grass or weeds; and
b)
21 business days for an Order requiring clean up and/or disposal of
vehicles and all other materials other than items included in
Section 7.2.4(a) above.
7 .2.5
An Order shall be served by delivering the order personally to the owner
and/or occupant concerned, or by prepaid mail to the owner and/or
occupant at the last-known address as shown on the latest revised
assessment roll for the property and the delivery of such Order shall be
deemed to be effective on the third day after the Order was mailed.
a)
In the event that the owner or occupant fails to comply with an
Order within the time period provided for in the Order, the owner
and/or occupant shall be deemed to be in default, and in addition to
any other fine or penalty that may be imposed by this or any other
by-law or statute, the Township may enter onto the property and
take such steps as are considered necessary to bring the property
into compliance with the provisions of the By-law at the owner's
or occupant's expense. The Township will recover the costs of
taking such steps from the owner or occupant of the property and
the Township will recover the costs by action or by adding the
costs to the tax roll for the property and collecting them in the
same manner as taxes.
b)
Any object or thing removed from a property by the Township
pursuant to this Section 7.2.5 of this By-law may be disposed of by
the Township at the expense of the owner or occupant of the
-24-
By-law No. 1227-18
property, subject to the provisions of the Repair and Storage Lien
Act, R.S.O., 1990, c. R 25.
c)
An administrative charge of $100.00 will be added to the costs of
bringing the property into compliance with the provisions of the By-
law.
7 .2.6
Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to such fines and penalties as are
provided for by the provisions of the Provincial Offences Act, R.S.O.,
1990, c. P 33, as amended from time to time.
7.2.7
In this By-law, words importing the neuter gender shall include the
feminine gender and masculine gender and vice versa and words
importing the singular shall include the plural where the context requires.
7.3.
PROPERTY STANDARDS OFFICER
7.3 .1
The Council of the Township of Stirling-Rawdon shall appoint a Property
Standards Officer or Officers who shall be responsible for administering
and enforcing this By-Law.
7.3.2
For the purpose of this By-Law, the officer may be referred to as the
Property Standards Officer.
7.3.3
A Property Standards Officer has the power and authority provided in the
Building Code Act, in particular Sections 15.1, 15.5, 15.7 and 15.8 subject
to Section 16, and, in the exercise of such powers and authority, shall
follow the procedures required by the said legislation.
7.4.
APPEALS
7.4.1
Rights of appeal and the procedures for appeals are as set out in the
Building Code Act, in particular Section 15.3.
7.5
CERTIFICATE OF COMPLIANCE
7 .5.1
The fee payable for the issuance of a Certificate of Compliance pursuant
to Section 15.5 ofthe Building Code Act shall be $125.00.
8.
SCOPE OF THE BY-LAW
8.1
REPAIRS
8.1.1
All repairs to comply with this By-Law and any order issued hereunder
shall be carried out with suitable and sufficient materials in a manner
acceptable as good and workmanlike for the trades concerned.
8.1.2
Nothing in this By-Law shall require repairs to be carried out inside an
unused building or inside an unused part thereof, except as necessary to
remedy an unsafe condition.
8.2
CONFLICTS
8.2.1
In the event that a provision of this By-Law conflicts with a provision of
another By-Law in force in the Township of Stirling-Rawdon, the
provision that establishes the higher standard for the protection of the
health, safety or welfare shall prevail.
8.2.2
In the event that a provision of this By-Law conflicts with a provision of the
Building Code Act, the provision of the Building Code Act shall prevail.
- 25-
By-lawNo.1227-18
8.2.3
To the extent that a provision of this By-Law purports to regulate a matter
beyond the authority of Council in enacting the By-Law, the provision
shall be inoperative.
8.2.4
If any part of this By-Law is determined to be void or unenforceable, it
shall not affect or impair any other part of this By-Law which shall
continue in full force and effect and be construed as if it had been enacted
without the void or unenforceable part.
9.
AUTHORITY
9.1
That this By-Law shall come into force and take effect immediately upon the
passing thereof by the Council of the Corporation of the Township of Stirling-
Rawdon.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
IB-r~ DAYOF
JutJE
,2018.