Property Standards By-law No. 109-2004 (as amended by 027-2009)
Thames Centre, Ontario
· adopted 2004-12-13
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THE CORPORATION
OF THE MUNICIPALITY OF THAMES CENTRE
BY- LAW NO. 109- 2004
Being
a By- law to prescribe property standards
for the Municipality of Thames
Centre.
WHEREAS
under
Section
15. 1 ( 3) of the Building
Code
Act, S. O. 1992,
c.23, a By- law may
be passed
by the Council
of a municipality
prescribing
the
standards
for the maintenance
and
occupancy
of property within
the municipality
provided
that the official plan for the municipality
includes provisions
relating
to
property conditions;
AND WHEREAS
the Official
Plan
of the Municipality
of Thames
Centre
includes
provisions
relating
to property conditions;
AND WHEREAS the Council of The Corporation
of the Municipality
of
Thames
Centre
is desirous
of passing
a by- law under
Section
15. 1 ( 3) of the Building
Code Act, S. O. 1992, c.23;
AND WHEREAS
Section
15. 6( 1) of the Building
Code Act, S. O. 1992,
c. 23 requires that a by- law passed
under
Section
15. 1 ( 3) of the Building
Code Act,
S. O. 1992, c.23 shall provide
for the establishment
of a Property Standards
Committee;
NOW THEREFORE the Council
of The Corporation
of the Municipality
of
Thames
Centre
HEREBY
ENACTS AS FOLLOWS:
PART
I
GENERAL
1. 01
This By- law may be cited
as the " Property Standards
By- law".
1. 02
In this By- law, the word " shall" is mandatory
and
not discretionary, words
in the plural include
the single
number
and words
in the present tense
include
the future
tense.
1. 03
The provisions
of this By- law shall apply to all properties
within
the
boundaries
of The Corporation
of the Municipality
of Thames
Centre.
1. 04
No property within
The Corporation
of the Municipality
of Thames
Centre
shall be used
and
no building
or structure
shall
be erected,
altered,
enlarged, maintained
or used
for any purpose
except in conformity
with
the provisions
of this By- law.
1. 05
Should
any section,
clause
or provision of this By- law be held by a court
of competent jurisdiction
to be invalid, the validity of the remainder
of the
By- law shall not be affected.
1. 06
This By- law shall
come into full force
and
effect
as of the date of passing
hereof.
By- law No. 109- 2004
Page 2
PART
II
DEFINITIONS
In this By- law:
2. 01 "
Accessory
building" means a detached
building
or structure, not used
for human
habitation,
that
is subordinate
to the primary
use of the same
property.
2. 02 "
Apartment
building"
means a building containing
more than four
dwelling
units
with individual
access from
an internal
corridor system.
2. 03 "
Approved"
means acceptance by the Property
Standards
Officer.
2. 04 "
Basement" means that portion of a building
between
two floor
levels
which
is partly below finished grade level
but which
has fifty percent
50%) or more of its height from finished floor to finished
ceiling
above
adjacent grade level
in which
the height from adjacent finished
grade
level to the ceiling
is less than
1. 8 metres.
2. 05 "
Bathroom"
means a room containing
a bathtub
or shower with or
without
a water closet and basin.
2. 06 "
Boarding
house"
meanS
any house
or building
or portion
thereof
in
which
the proprietor
supplies
for hire or gain, lodgings
with
or without
meals, for three ( 3) or more persons.
2. 07 "
Cellar"
means that portion of a building
between
two floor levels
which
has
more than fifty percent ( 50%) of its height from finished
floor to
finished
ceiling
below adjacent grade level.
2. 08 "
Committee"
means the Property
Standards
Committee
herein
established pursuant to the authority
of Section
15. 6 of the Building
Code Act.
2. 09 "
Crawl
space"
means an enclosed
space
between
the underside
of a
floor assembly
and the ground
cover directly
below, with
a clearance
less than
1. 8 metres (
5 feet
11
inches)
in height.
2. 10 "
Commercial
property" means a property used for the sale of goods or
services
and for the purposes
of this By- law shall
include
office
buildings, public
halls, licensed
premises
and private clubs, and any
building that
is used
in conjunction
with these
uses.
2. 11 "
Dwelling" means a building
or structure
or part of a building
or
structure, occupied
or capable
of being occupied,
in whole
or in part for
the purpose
of human
habitation.
2. 12 "
Dwelling
unit" means a room or a suite
of rooms operated
as a
housekeeping
unit, used
or intended
to be used
as a domicile
by one or
more persons
and supporting
general living conditions
usually including
cooking, eating, sleeping, and sanitary facilities.
2. 13 "
Finished
grade level" means the average
elevation
of the finished
surface of the ground abutting
the external
walls of a building
or
structure, exclusive
of any embankment
in lieu of steps.
By- law No.
1 09- 2004
Page 3
2. 14 "
Fire- resistance
rating" means time in hours
or parts thereof
that
a
material, construction
or assembly
will withstand
fire exposure,
as
determined
in a fire test made
in conformity
with generally accepted
standards
or as determined by the extension or interpolation of
information
derived
therefrom.
2. 15 "
First storey" means that part of a building
having
a floor area closest
to grade with
a ceiling height of more than
1. 8 metres ( 5 feet
11
inches)
above grade.
2. 16 "
Guard" means a protective
barrier
installed
around
openings
in floor
areas or on the open
sides of a stairway, a landing, a balcony, a
mezzanine,
a gallery, a raised
walkway, and
other locations as required
to prevent accidental
falls from
one level
to another.
Such
barriers
may
or may not have openings
through
them.
2. 17 "
Habitable
room" means any
room in a dwelling unit used
for or
capable of being used for living, cooking, sleeping
or eating
purposes.
2. 18 "
Industrial
property" means a property for the manufacturing
or
processing
of goods or used for the storage of goods
or raw materials
and
any property that
is used
in conjunction
with these
uses.
2. 19 "
Lot" means a parcel of land which
has continuous
frontage
on
a street,
the boundaries
of which
are defined
in the last registered
instrument
by
which
legal
or equitable
title to the said parcel
was lawfully and
effectively conveyed.
2. 20 "
Lot line front" means a lot line that divides
a lot from
a street, provided
that in the case of a corner lot, the shorter
lot line that abuts
a street
shall
be deemed
to be the front lot line and the longer lot line that so
abuts
shall
be deemed
to be the side
lot line of the lot.
2. 21 "
Lot line rear" means the lot line opposite
the front lot line.
2. 22 "
Lot line side" means any lot lines other than
the front lot line and the
rear
lot line.
2. 23 "
Means
of egress"
means a continuous,
unobstructed
path of travel
provided by a doorway, hallway, corridor, exterior
passage
way, balcony,
lobby, stair, ramp, or other exit facility
used
for the escape
of persons
from any point within
a building, a floor
area, a room, or a contained
open
space
to a public thoroughfare
or an approved
area of refuge
usually located outside
the building.
2. 24 "
Multiple dwelling"
means a building containing
three ( 3) or more
dwelling
units.
2. 25 "
Motor
vehicle"
means any form
of transportation for humans, designed
to be propelled
or driven
otherwise
than by muscular
power, but does
not
include
the
cars
of electric
or steam railways
or other
motor vehicles
running
upon
rails.
2. 26 "
Non- habitable
room" means any room in a dwelling
or dwelling
unit
other than
a habitable room and
includes
a bathroom,
a toilet
room,
laundry, pantry, lobby, corridor, stairway, closet, boiler
room, or other
space
for service
and
maintenance
of the dwelling for public
use, and
for
access to and vertical
travel
between
storeys, and
basement
or part
thereof which
does
not comply
with the standards
of fitness
for
By- law No.
1 09- 2004
Page 4
2. 27
2. 28
2. 29
2. 30
2. 31
2. 32
2. 33
2. 34
2. 35
occupancy set out in this By- law.
Non- residential
property" means a building
or structure
or part of a
building
or structure
not occupied
in whole
or in part for the purpose
of
human
habitation,
and
includes
the lands
and premises
appurtenant
and
all of the outbuildings, fences or erections
thereon
or therein.
Occupant"
means any person
or persons
over the age
of eighteen (
18)
years in possession
of a property.
Owner"
includes
the person
for the time being managing
or receiving
the rent of the land
or premises
in connection
with which
the word
is
used
whether
on his own account or as agent or trustee
of any other
person
or who would
so receive
the rent if such
land
and premises
were
let and
shall
also
include
a lessee
or occupant of the property who,
under the terms of a lease, is required
to repair and
maintain
the
property
in accordance
with the standards
for the maintenance
and
occupancy
of property, and
includes
the assessed
owner and, for the
purposes
of this By- law, all persons
shown
by the records
in the Registry
Office
or the Land
Titles
Office, to have
an interest
in said property.
Person"
means an individual, firm, corporation,
association
or
partnership.
Property
Standards
Officer"
means any Property Standards
Officer
or
Assistant
Property Standards Officer
who may, from time to time, be
appointed
by the Council of The Corporation
of the Municipality
of
Thames
Centre
to administer
and enforce
this By- law.
Property" means
a building
or structure
or part of a building
or
structure
and includes
the lands
and premises
appurtenant
thereto
and
all mobile
homes,
mobile
buildings, mobile
structures, outbuildings,
fences, retaining
walls
and
erections
thereon
whether
heretofore
or
hereafter
erected
and
includes
vacant property.
Repair" includes
the provision
of such facilities
and the making of
additions
or alterations
or the taking of such
action
as may
be required
so that the property shall conform to the standard established
in this
By- law. All new construction or repairs shall conform to the Ontario
Building
Code, Ontario
Fire
Code
and the Fire Prevention
and Protection
Act where applicable.
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.
Sewerage System"
a)
Sanitary
sewer" means a sewer, the purpose
of which
is to carry
sewage
and to which
storm
and
surface
water shall
not be admitted.
b)
Storm
sewer" means a sewer, the purpose
of which, as certified
by the
Municipal
Engineer, is to carry
storm
and
surface
water and drainage,
but not sewage.
By-law NO.
1 09- 2004
Page
5
c) "
Sewage"
means anyone
or any combination of sanitary sewage or
industrial
wastes
or both.
d) "
Private
sewage
disposal
system" means a system designed
for the
collection and disposal
of sanitary
sewage
on private property and
approved
by the Municipality
of Thames
Centre.
e) "
Plumbing system" means, severally
and individually, the water
distribution
system, all fixtures and fixture traps, drainage system, the
building
sewer and private sewage disposal
system, all leaders, together
with
all their devices, appurtenances
and
connections.
2. 36 "
Standards"
means the standards
of the physical
condition
and of
occupancy
prescribed
for property by this By- Law.
2. 37 "
Street" means a public highway
which
affords
a principal
means of
access to abutting
lots.
2. 38 "
Toilet
room" means a room containing
a water closet
and
a wash
basin.
2. 39 "
Walk" means a route of access surfaced
with gravel, stone, wood,
asphalt, cement
or other similar
material
approved
by the Property
Standards
Officer.
2. 40 "
Wall, main ( main
wall)" means an outside
wall of a building
which
supports a roof and shall include
a wall
under
a gable end.
2. 41 "
Yard"
means the land
other than publicly- owned
land
around
or
appurtenant
to the whole
or any part of a residential
or non- residential
property and
used
or capable of being used
in connection
with the
property.
PART
III
GENERAL
STANDARDS
FOR ALL PROPERTY
3. 01
All repairs
and
maintenance
of property
shall
be carried
out with
suitable
and
sufficient
materials
and
in a manner accepted
as good workmanship
within
the
trades
concerned. All new construction
or repairs
shall conform to the
Ontario
Building
Code, Ontario
Fire
Code
and the Fire Prevention
and Protection
Act
where
applicable.
YARDS
3. 02. 1
Every yard, including
vacant lots, shall
be kept clean
and free from:
a)
rubbish, garbage, debris, and from objects
or conditions
that might
create
a health, fire or safety
hazard;
b)
heavy undergrowth
and
noxious
plants, including
but not limited
to
ragweed, poison ivy, poison
oak and poison
sumac, and
shall
be
eliminated
from any yard
as defined
by the
Weed
Control
Act;
c)
grass
or weeds
growing to a height or standing
at a height in excess of
25 em ( 10 inches)
on any property;
By- law No.
1 09- 2004
Page 6
d)
dilapidated, collapsed
or partially
constructed
structures
which
are not
currently
under
construction;
e)
injurious
insects, termites,
rodents,
vermin
or other pests;
f)
dead, decayed
or damaged
trees in an unsafe
condition
or other natural
growth; .
g)
dead, decayed
or decaying
carrion, fowl, fish, etc.,
3. 02. 2
No yard shall
be used
for the parking
or storage of;
a)
a motor vehicle
which
is not operative
or which
is not currently
licensed
pursuant to the provisions
of the Highway
Traffic Act or amendments
thereto
for the Province
of Ontario;
or
b)
a motor vehicle
which
has had part or all of its superstructure
or source
of motor power
removed;
or
c)
any vehicle, boat, trailer or part of any vehicle,
boat
or trailer, which
is in
a wrecked, discarded, dismantled, partly dismantled, or abandoned
condition
shall
not be stored
or left in a yard, but this shall
not prevent
the occupant of any premises
from repairing
a vehicle
for his own
use
and not for commercial
purposes
while
such repair is actively carried
on.
SURFACE
CONDITIONS
3. 03
Surface
conditions
of yards shall
be maintained
so as to:
a)
prevent ponding
of storm water;
b)
prevent instability
or erosion
of soil;
c)
prevent surface
water run- off from entering
basements;
d)
not exhibit
an unsightly
appearance;
e)
be kept free of garbage
and refuse;
f)
be kept free of deep
ruts and
holes;
g)
provide for safe
passage
under
normal
use and weather
conditions,
day
or night; and
h)
not create
a nuisance
to other property.
SEWAGE
AND
DRAINAGE
3. 04
Sewage
or organic waste
and
gray water shall
be discharged
into a
sewage system where
such
a system
exists, where
a sewage
system
does
not exist, sewage or organic
waste
shall
be disposed
of in a
manner acceptable
to The Corporation
of the Municipality
of Thames
Centre.
3. 05
Sewage
of any kind
shall
not be discharged
onto the surface
of the
ground, whether
into a natural
or artificial
surface
drainage
system
or
otherwise.
By- law No. 109- 2004
Page 7
3. 06
Roof drainage
shall
not be discharged onto sidewalks,
stairs, or adjacent
property.
PARKING
AREAS,
WALKS
AND
DRIVEWAYS
3. 07
All areas used for vehicular
traffic
and parking
shall
have
a surface
covering
of asphalt, concrete, or compacted
stone
or gravel
and
shall
be
kept in good repair, and free of dirt and litter.
3. 08
Steps, walks, driveways, parking
spaces
and other similar
areas shall
be
maintained
so as to afford
safe
passage
under
normal
use and weather
conditions
day or night.
ACCESSORY
BUILDINGS,
FENCES,
AND
OTHER
STRUCTURES
3. 09
Accessory
buildings, fences
and other structures appurtenant to the
property shall
be maintained
in structurally
sound
condition
and
in good
repair.
3. 10
Accessory
buildings, fences, and
other
structures
shall
be protected
from
deterioration
by the application
of appropriate
weather
resistant
materials
including
paint or other
suitable
preservative
and
shall
be of
uniform
colour
unless
the aesthetic
characteristics
of said
structure
are
enhanced
by the lack of such
material.
GARBAGE DISPOSAL
3. 11
Every building, dwelling, and dwelling
unit shall
be provided
with
a
sufficient
number
of suitable
receptacles
to contain
all garbage, refuse
and ashes
that
may accumulate
on the property between
the regularly
designated
collection
days. Such
receptacles
shall
be constructed
of
watertight
material,
provided
with
a tight fitting
cover, and
shall
be
maintained
in a clean
and
odour
free
condition
at all times.
3. 12
All garbage, refuse, and
ashes
shall
be promptly placed
in a suitable
container
and
made
available
for removal
in accordance
with the
municipal
garbage
collection
schedule.
3. 13
Garbage storage areas shall
be screened
from public view.
COMPOST
HEAPS
3. 14
The occupant of a residential
property
may provide for a compost heap
in accordance
with
the health
regulations, provided
that the compost pile
is no larger than
one square
metre
and
1. 8 metres ( 5 feet
11
inches)
in
height and
is enclosed on all sides
by concrete
block, or lumber, or in a
205
litre ( 45 gallon) container,
a metal
frame
building
with
a concrete
floor, or a commercial
plastic
enclosed
container
designed
for
composting.
By-law No. 109- 2004
Page 8
PART
IV
RESIDENTIAL
STANDARDS
GENERAL CONDITIONS
4. 01
Every tenant, or occupant or lessee
of a residential
property
shall
maintain
the property
or part thereof
and the land
which
they occupy
or
control,
in a clean, sanitary
and safe condition and shall dispose
of
garbage
and
debris
on a regular
basis, in accordance
with municipal
by- laws.
4. 02
Every tenant, or occupant or lessee
of a residential
property shall
maintain
every
floor, wall, ceiling and fixture, under
their control,
including
hallways, entrances, laundry
rooms, utility
rooms, and
other
common
areas, in a clean, sanitary and
safe
condition.
4. 03
Accumulations
or storage of garbage, refuse, appliances, or furniture
in
a means of egress
shall
not be permitted.
PEST
PREVENTION
4. 04
Dwellings
shall
be kept free of rodents, vermin
and
insects
at all times.
Methods
used
for exterminating
such pests shall
be in accordance
with
the provisions
of the Pesticides
Act.
4. 05
Openings, including
windows,
that might permit the entry of rodents,
insects, vermin
or other pests shall
be appropriately
screened
or sealed.
STRUCTURAL SOUNDNESS
4. 06
Every part of a dwelling
shall
be maintained
in a structurally
sound
condition
so as to be capable
of safely sustaining
its own weight
load
and
any additional
load to which
it may
be subjected through
normal
use, having
a level of safety as required by the Ontario Building
Code.
4. 07
Walls, roofs, and other exterior parts of a building
shall
be free from
loose or improperly
secured
objects
or materials.
4. 08
Basement
Floors:
a)
A basement,
cellar
or crawl
space
which
is not served
by a stairway
leading
from
a dwelling
or from
the outside
a dwelling
may have
a dirt
floor provided
it is covered
with
a moisture- proof covering.
b)
A basement
or cellar
in any building
erected
or altered
after the passing
of this By- law which
is served
by a stairway
leading
from
a dwelling
or
from the outside
a dwelling
shall
have
a concrete
floor.
FOUNDATIONS
4. 09
Foundation
walls
of a dwelling
shall
be maintained
so as to prevent the
entrance
of insects,
rodents
and
excessive
moisture.
Maintenance
includes
the shoring of the walls to prevent settling, installing
sub soil
drains, where
necessary,
at the footings, grouting
masonry
cracks, damp
proofing
and waterproofing
walls, joints, and floors.
By- law 109- 2004
Page
9
4. 10
Every dwelling, except for slab on grade construction, shall be supported
by foundation walls or piers which
extend
below
the frost- line, or to solid
rock.
EXTERIOR
WALLS
4. 11
Exterior
walls
of a dwelling
and their components, including
soffits,
fascia, shall
be maintained
in good repair free from cracked, broken
or
loose
masonry
units, stucco, and other defective
cladding, or trim.
Paint
or some other suitable preservative
or coating
must
be applied and
maintained
so as to prevent deterioration
due to weather
conditions,
insects
or other damage.
4. 12
Exterior
walls of a dwelling
and their components shall be free of
unauthorized
signs, painted slogans, graffiti
and similar
defacements.
WINDOWS
AND
DOORS
4. 13
Windows,
doors, skylights, and
basement
or cellar hatchways
shall
be
maintained
in good repair, weather
tight and reasonably draught- free, to
prevent heat
loss
and infiltration by the elements.
Maintenance
includes
painting, replacing
damaged
doors, frames
and other components,
window
frames, sashes
and casings, replacement
of non- serviceable
hardware
and reglazing, where
necessary.
Where screening
is provided
on windows
and
doors
it shall
also
be maintained
in good repair.
4. 14
In a dwelling
unit, all windows
that are intended
to be opened
and
all
exterior
doors
shall
have
suitable
hardware
so as to allow locking
or
otherwise
securing
from
inside
the dwelling
unit. All entrance
doors to a
dwelling
unit/habitable
space
shall
have
dead
bolts
so as to permit
locking
or securing
from
either
inside
or outside
the dwelling
unit.
4. 15
Solid
core doors
shall
be provided
for all entrances
to dwellings
and
dwelling
units.
4. 16
In residential
buildings
where
there
is a voice
communication
unit
working
in conjunction
with
a security locking
and
release
system
controlling
a particular entrance
door
and
installed
between
individual
dwelling
units
and
a secured
entrance
area, the said system shall
be
maintained
in good working
order
at all times.
4. 17
Every window
in a leased dwelling
unit that is located
above
the first
storey of a multiple dwelling
shall
be equipped
with
an approved safety
device that would prevent any part of the window
from opening greater
than
would
permit the passage of a 100
mm (4 inches)
diameter
sphere.
Such safety device
shall not prevent the window
from being fully opened
during
an emergency
situation
by an adult without
the use of tools.
ROOFS
4. 18
Roofs
of dwellings
and their components
shall
be maintained
in a
weather
tight condition,
free from
loose
or unsecured
objects
or
materials.
4. 19
The
roofs
of dwellings
and accessory
buildings
shall
be kept clear of
unsafe
accumulations
of ice or snow or both.
By- law No. 109- 2004
Page
10
4. 20
Where
eavestroughing,
roof gutters, are provided they shall
be kept in
good repair, free from obstructions and properly
secured
to the building.
WALLS,
CEILINGS
AND
FLOORS
4. 21
Every wall, ceiling
and floor
in a dwelling
shall
be maintained
so as to
provide
a continuous
surface
free of holes, cracks, loose coverings
or
other defects.
Walls surrounding
showers
and
bathtubs
shall
be
impervious
to water.
4. 22
Every floor in
a dwelling
shall
be reasonably
smooth
and level
and
maintained
so as to be free of all loose, warped, protruding, broken,
or
rotted
boards
or other
material
that might cause an accident
or allow the
entrance
of rodents and other vermin
or insects.
4. 23
Every floor
in a bathroom,
toilet
room, kitchen, shower
room, and laundry
room shall
be maintained
so as to be impervious
to water arid readily
cleaned.
STAIRS, PORCHES
AND
BALCONIES
4. 24
Inside
and outside
stairs, porches, balconies
and landings
shall
be
maintained
so as to be free of holes, cracks, and other
defects
which
may constitute
accident
hazards.
Existing
stair treads
or risers
that show
excessive
wear or are broken, warped
or loose and any supporting
structural
members
that are rotted
or deteriorated
shall
be repaired
or
replaced.
GUARDRAILS
4. 25
A guard shall
be installed
and
maintained
in good repair on the open
side
of any stairway
or ramp containing
three ( 3) or more risers including
the landing
or a height of 600
mm ( 24 inches)
between
adjacent
levels.
A handrail shall
be installed
and
maintained
in good repair in all
stairwells.
Guardrails shall
be installed
and
maintained
in good repair
around
all landings, porches, balconies.
Guardrails,
balustrades
and
handrails
shall
be constructed
and maintained
rigid in nature.
KITCHENS
4. 26
Every dwelling
shall
contain
a kitchen
area equipped
with:
a)
a sink that is served
with
hot and
cold running
water and
is surrounded
by surface
impervious
to grease and water;
b)
suitable
storage
area of not less than
0. 23 cubic metres ( 8 cubic
feet);
c)
a counter
or work
area at least
600
mm ( 24 inches)
in width
by
1, 200
mm ( 48 inches)
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.
By- law No.
1 09- 2004
Page
11
TOILET AND BATHROOM FACILITIES
4. 27
Every dwelling
unit shall contain a bathroom consisting
of at least
one
fully operational
water
closet, wash- basin, and
a bathtub
or suitable
shower
unit. Every wash- basin
and bathtub or shower shall
have
an
adequate
supply of hot and
cold running water. Every water closet
shall
have
a suitable
supply of running water.
4. 28
Every required
bathroom
ortoilet
room shall
be accessible from
within
the dwelling
unit and
shall
be fully enclosed
and provided
with
a door
capable
of being locked
so as to allow privacy for the persons using the
said
room.
4. 29
Where
toilet or bathroom
facilities are shared
by occupants
of residential
accommodation, other than
self- contained
dwelling
units, an appropriate
entrance
shall
be provided
from
a common passageway, hallway,
corridor
or other
common space
to the
room or rooms containing
the
said
facilities.
PLUMBING
4. 30
Each
wash- basin, a bathtub or shower, and one kitchen
sink shall
be
equipped
with an adequate
supply of hot and
cold running water. Hot
water shall
be supplied
at a temperature
of not less than 43 degrees
Celsius (
110. F) and
not more than
49 degrees
Celsius (
1250
F).
4. 31
Every dwelling
unit shall
be provided
with
an adequate supply of potable
running water from
a source approved
by the Medical
Officer
of Health.
4. 32
All plumbing, including drains, water supply pipes, water closets
and
other plumbing
fixtures
shall
be maintained
in good working
condition
free of leaks
and
defects
and
all water pipes and appurtenances
thereto
shall
be protected
from freezing.
4. 33
All plumbing
fixtures
shall
be connected
to the sewerage
system through
water seal traps.
4. 34
Every fixture
shall
be of such
materials,
construction
and design
as will
ensure that the exposed
surface
of all parts are hard, smooth,
impervious
to hot and
cold water, readily accessible
for cleansing
and
free from
blemishes,
cracks, stains, or other
defects
that may harbour
germs
or impede thorough
cleansing.
ELECTRICAL
SERVICE
4. 35
Every dwelling and dwelling
unit shall
be wired
for electricity
and
shall
be
connected
to an approved
electrical
supply system.
4. 36
The electrical
wiring, fixtures,
switches,
receptacles, and appliances
located
or used
in dwellings, dwelling
units
and
accessory
buildings
shall
be installed
and
maintained
in good working
order
so as not to cause fire
or electrical
shock
hazards.
All electrical
services
shall conform to the
regulations
established
by the Power Corporation
Act, as amended.
4. 37
Every
habitable
room in a dwelling shall have
at least
one electrical
duplex outlet
for each
11.
1 square
metres ( 120 sq. ft.) of floor space
and
for each additional 9. 3 square
metres ( 100 sq. ft.) of floor
area, a second
duplex outlet shall
be provided. Extension cords
shall
not be used
on a
permanent
basis.
By- law No.
1 09- 2004
Page
12
4. 38
Every
bathroom, toilet
room, kitchen, laundry
room, furnace room,
basement,
cellar
and
non- habitable work
or storage room shall
be
provided
with
a permanent light fixture.
4. 39
Lighting fixtures
and appliances
installed
throughout
a dwelling
unit,
including hallways, stairways, corridors,
passage
ways, garages and
basements,
shall provide
sufficient
illumination
so as to avoid
health
or
accident
hazards
in normal
use.
HEATING,
HEATING
SYSTEMS,
CHIMNEYS
AND
VENTS
4. 40
Every dwelling
and building containing
a residential
dwelling
unit
or units
shall
be provided
with
suitable
heating
facilities
capable
of maintaining
an indoor ambient
temperature
of 21 degrees
Celsius (
70' F.) in the
occupied dwelling
units.
The heating system shall
be maintained
in
good working
condition
so as to be capable of safely heating the
individual
dwelling
unit to the required
standard.
4. 41
All fuel burning
appliances, equipment,
and
accessories
in a dwelling
shall
be installed
and maintained
to the standards
provided
by the
Energy Act, as amended
or other applicable legislation.
4. 42
Where
a heating system or part thereof
that requires
solid
or liquid fuel
to operate, a place
or receptacle
for such fuel
shall
be provided
and
maintained
in a safe
condition
and
in a convenient
location
so as to be
free from
fire or accident
hazard.
4. 43
Every dwelling
shall
be so constructed
or otherwise
separated
to prevent
the passage
of smoke, fumes, and gases
from
that part of the dwelling
which
is not used, designed
or intended
to be used for human
habitation
into other parts of the dwelling
used
for habitation.
Such
separations
shall
conform
to the Ontario
Building
Code.
4. 44
All fuel burning appliances, equipment, and accessories
in a dwelling
shall
be properly
vented
to the outside
air by means of a smoke- pipe,
vent pipe, chimney
flue or other approved
method.
4. 45
Every chimney, smoke- pipe, flue
and vent shall
be installed
and
maintained
in good repair so as to prevent the escape
of smoke, fumes
or gases
from entering
a dwelling
unit. Maintenance
includes
the
removal
of all obstructions,
sealing
open joints, and the repair of loose
or
broken
masonry
units.
4. 46
Every chimney, smoke- pipe, flue
and vent shall
be installed
and
maintained
in good condition
so as to prevent the heating
of adjacent
combustible
material
or structural
members
to unsafe
temperatures.
FIRE
ESCAPES,
ALARMS
AND
DETECTORS
4. 47
A listed
fire alarm
and
a fire detection
system, approved
by the Canadian
Standards
Association
or Underwriters
Laboratories
of Canada,
shall
be
provided
by the owners of buildings
of residential
occupancies
where
sleeping
accommodations
are provided
for more than ten ( 10) persons,
except that such systems
need
not be provided
where
a public corridor
or exit serves not more than
four ( 4) dwelling
units
or individual
leased
sleeping
rooms.
By- law No.
1 09- 2004
Page
13
4. 48
In addition
to the provisions of Article
4.47
hereof, in every dwelling
unit
in a building, a listed
smoke
alarm, approved
by the Canadian
Standards
Association or Underwriters Laboratories of Canada, or detectors
of the
single
station
alarm type, audible
within bedrooms
when
intervening
doors
are closed, shall be installed
by the occupant between
bedrooms
or the sleeping
area and the remainder
of the dwelling
unit, such
as in a
hallway or corridor
serving such bedrooms
or sleeping
area. The
products
of combustion detector
referred
shall
be:
a)
equipped
with
visual
or audio
indication
that they are in operating
condition;
b)
mounted
on the ceiling or on a wall
between
152.4 and
304. 8 mm ( 6 to
12 inches)
below
the ceiling
or installed
to manufacturers specifications;
Where
more than
one smoke alarm
is required
in a dwelling
unit, the
smoke
alarms
shall
be wired
so that the activation
of the one alarm
will
cause all alarms
within
the dwelling
unit to sound.
4. 49
Buildings using a fire escape
as a secondary
means of egress
shall
have
the escape
in good condition, free from
obstructions
and easily reached
through
an operable
window
or door.
EGRESS
4. 50
Every dwelling
and each dwelling
unit contained
therein shall
have
a
safe, continuous
and unobstructed passage from
the interior
of the
dwelling
and the dwelling
unit to the outside
at street
or grade level.
4. 51
Each dwelling containing
more than
one dwelling
unit shall
have at least
two ( 2) exits, both
of which
may
be common or the one of which
may be
common
and the other may
be an exterior
stair or fire escape.
Access
to
the stairs
or fire escape
shall
be from
corridors
through
doors
at floor
level, except access from
a dwelling
unit may
be through
a vertically
mounted
casement
window
having
an unobstructed
opening
of not less
than
1, 067 mm by 559
mm (42 inches
x 22 inches) with
a sill height of
not more that 914mm (
36 inches),
above the inside floor. A single
exit is
permitted
from
a dwelling
unit where the path of egress
is through
an
exterior
door located
at or near ground
level
and
access to such
exit is
not through
a room not under the immediate
control
of the occupants of
the dwelling
unit.
NATURAL
LIGHT
4. 52
Every habitable
room except a kitchen, bathroom or toilet
room shall
have
a window
or windows, skylights
or translucent panels facing directly
or indirectly
to an outside
space
and
admits
as much
natural
light equal
to not less than
ten percent of the floor
area for living and dining
rooms
and five percent of the floor area for bedrooms and
other
finished
rooms.
VENTILATION
4. 53
Every habitable
room in a dwelling
unit, including
kitchens,
bathroom
or
toilet
rooms, shall
have openings
for ventilation
providing
an
unobstructed free flow of air of at least
0. 28 square
metres ( 3 sq. ft.), or
an approved
system of mechanical
ventilation
such that provide hourly
air exchanges.
By- law No.
1 09- 2004
Page
14
4. 54
All systems of mechanical ventilation
shall
be maintained
in good
working
order.
4. 55
All enclosed
areas including
basements,
cellars, crawl
spaces, and
attics
or roof spaces
shall
be adequately
ventilated.
ELEVATING
DEVICES
4. 56
Elevators
and other elevating
devices, including
all mechanical
and
electrical
equipment, lighting
fixtures, lamps, control
buttons, floor
indicators,
ventilation
fans, and
emergency
communication
systems shall
be operational
and maintained
in good condition.
OCCUPANCY STANDARDS
4. 57
The number
of occupants, residing
on a permanent
basis
in a individual
dwelling
unit, shall not exceed
one person for every
9 square
metres ( 97
sq. ft.) of habitable
floor
area. For the purpose
of computing
habitable
floor area, any area with the minimum
ceiling height less than 2. 1 metres
7 ft.) shall
not be considered.
4. 58
No room shall
be used
for sleeping
purposes
unless
it has
a minimum
width
of 2 metres ( 6. 6 feet.), and
a floor
area of at least
7 square
metres
75 sq. ft.). A room used
for sleeping
purposes
by two or more persons
shall
have
a floor
area of at least
4 square
metres ( 43 sq. ft.) per person.
4. 59
Any basement,
or portion thereof, used
as a dwelling
unit shall conform
to the following requirements:
a)
each
habitable
room shall comply with all the requirements
set out in this
By- law;
b)
floors
and walls
shall
be constructed
so as to be damp proof and
impervious
to water leakage;
c)
each habitable room shall
be separated
from
service
rooms by a suitable
fire separation
and approved
under
the
Ontario
Building
Code; and
d)
access to each
habitable
room shall
be gained
without
passage
through
a service
room.
PART
V
VACANT
LANDS
AND
BUILDINGS
5. 01
All repairs
and maintenance
of property shall
be carried out with suitable
and sufficient materials and
in a manner accepted
as good workmanship
within the trades
concerned. All new construction or repairs shall
conform to the Ontario Building
Code
where
applicable.
VACANT
LANDS
5. 02
Vacant
land
shall
be maintained
to the standards
as described
in Part
III,
Article
3. 02, of this By- law.
5. 03
Vacant
land
shall
be graded, filled
or otherwise
drained
so as to prevent
recurrent
ponding
of water.
By- law No.
1 09- 2004
Page
15
VACANT BUILDINGS
5. 04
Vacant buildings
shall
be kept cleared of all garbage, rubbish and debris
and shall have all water, electrical
and gas services
turned
off except for
those
services
that are required
for the security
and
maintenance
of the
property.
5. 05
The
owner or agent of a vacant building
shall
board
up the building
to
the satisfaction
of the Property Standards
Officer
by covering
all
openings through
which
entry may be obtained
with
at least
12. 7 mm
0. 5 inch) weatherproof
sheet plywood securely
fastened
to the building
and painted
a colour compatible with
the surrounding
walls.
PART
VI
NON- RESIDENTIAL
PROPERTY
STANDARDS
6. 01
All repairs
and
maintenance
of property shall
be carried
out with
suitable
and sufficient
materials
and
in a manner accepted
as good workmanship
within
the trades
concerned.
All new construction
or repairs
shall
conform
to the
Ontario
Building
Code
where
applicable.
YARDS
6. 02
The yards
of non- residential
property
shall
be maintained
to the
standards
as described in Part
III, Article 3. 02 of this By- law.
6. 03
The warehousing
or storage of material
or operative equipment
that
is
required
for the continuing operation
of the industrial or commercial
aspect of the property shall
be maintained
in a neat and orderly fashion
so as not to create
a fire or accident
hazard
or any unsightly
condition
and
shall provide
unobstructive
access for emergency vehicles.
Where
conditions
are such
that a neat and orderly fashion
is achieved
but is still
offensive
to view,
the offensive
area shall
be suitably enclosed by a
solid
wall
or a painted
board
or metal fence not less than
1. 8 metres ( 6
feet) in height
and maintained in good repair.
a)
Storage
of materials
shall include,
but not be limited
to, dead
or decaying
animals
which
must be stored
in a suitable
receptacle
approved
by the
By- law Enforcement
Officer
until
such
material
can be disposed
of in
a
sanitary fashion.
Such practices
shall
be limited
to agricultural
zones
only.
PARKING
AREAS,
AND
DRIVEWAYS
6. 04
All areas used
for vehicular
traffic
and parking
shall
have
a surface
covering
of asphalt, concrete, or compacted
stone or gravel and shall
be
kept in good repair, free of dirt and
litter. Notwithstanding
the foregoing,
non- residential
properties
which
abut residential properties,
all areas
used
for vehicular
traffic and parking
shall
have
a surface
covering
of
asphalt, or similar
hard surface.
6. 05
All areas used
for vehicular traffic, parking
spaces
and other
similar
areas shall
be maintained so as to afford
safe
passage
under
normal
use and weather
conditions.
By- law No.
1 09- 2004
Page 16
STRUCTURAL SOUNDNESS
6. 06
Every part of a building
structure
shall
be maintained in a sound
condition
so as to be capable of safely sustaining
its own weight
load
and any additional
load
to which
it may be subjected
through
normal
use, having
a level
of safety required
by the Ontario Building
Code.
Structural
members
or materials
that have
been damaged
or indicate
evidence
of deterioration
shall
be repaired
or replaced.
6. 07
Walls, roofs, and
other
exterior
parts of a building
or structure
shall
be
free from
loose
or improperly
secured
objects
or materials.
EXTERIOR
WALLS
6. 08
Exterior
walls
of a building
or a structure
and their components, including
soffits, fascia, windows
and doors, shall
be maintained
in good repair
free from cracked,
broken
or loose
masonry
units, stucco, and
other
defective cladding, or trim.
Paint
or some other
suitable
preservative
or
coating
must
be applied
and
maintained
so as to prevent deterioration
due to weather
conditions,
insects
or other damage.
6. 09
Exterior
walls
of a building
or a structure
and their components, shall
be
free
of unauthorized
signs, painted slogans, graffiti
and similar
defacements.
GUARDRAILS
6. 10
A guard
shall
be installed
and
maintained
in good repair on the open
side of any stairway or ramp containing
three ( 3) or more risers including
the landing
or a height of 600
mm ( 24 inches)
between
adjacent
levels.
A handrail
shall
be installed
and maintained
in good repair in all
stairwells.
Guardrails
shall
be installed
and
maintained
in good repair
around
all landings, porches, balconies.
Guardrails,
balustrades
and
handrails
shall
be constructed
and
maintained
rigid in nature.
LIGHTING
6. 11
All non- residential
establishments shall
install
and maintain
sufficient
windows, skylights,
and lighting
fixtures
necessary
for the safety of all
persons
attending
the premises
or as may
be required
by the
Occupational
Health and Safety Act for industrial
and commercial
properties. However, lighting
shall
not be positioned
so as to cause any
impairment
of use or enjoyment
of neighbouring
properties.
PART
VII
DUTIES
OF PROPERTY STANDARDS
OFFICERS
7. 01
Property Standard
Officers
shall:
a)
b)
enforce
the provisions
ofthis
By- law;
perform
all duties
and
shall
have
such
powers
and responsibilities
as are
contained
and
outlined
in the Ontario Building
Code
Act, S. O. 1992,
c. 23, from
time
to time.
By- law NO.
1 09- 2004
Page
17
PART
VIII
MUNICIPALITY
EMPOWERED
TO REPAIR
8. 01
Upon the default
of an owner or occupant to effect a repair of demolition
within
the time and
in the manner specified
in an order
which
is final
and
binding, the Municipality
of Thames
Centre may enter upon
the lands
and premises
affected by the order, do the work directed to be done
in
the said
order
and
recover its expenses
as provided
in the Building
Code
Act, S. O. 1992, c.23.
8. 02
If, upon
inspection
of a property, the Municipality
of Thames
Centre
or its
agents, officers
or employees
takes
or causes to be taken
any measures
necessary
to terminate
any immediate
danger to the health
or safety of
any person, the expenses
of the Municipality
of Thames
Centre
may
be
recovered
as provided
in the Building
Code Act, S. O. 1992, c.23.
PART
IX
ADMINISTRATION AND
ENFORCEMENT
9. 01
This By- law shall apply hall property within
the limits
of the Municipality
of Thames
Centre.
9. 02
The imperial
measurements
contained
in this By- law are given for
reference
only.
9. 03
No person
shall
use or occupy, or being the owner thereof or his agent,
shall
allow
to be used
or occupied, any building
on any property
unless
such property
conforms
to the standards
prescribed
herein,
nor shall
an
owner or his agent permit the accumulation of debris
or rubbish
on yards
as herein
defined
in contravention
of the standards
prescribed
in this
By- law.
9. 04
No person
shall use or permit anyone
to use any property that does
not
conform
to the standards
of this By- law.
9. 05
No owner shall fail to maintain
any property in a suitable
condition
to
conform
to the standards
of this By- law.
9. 06
The administration
and enforcement of this By- law is the responsibility
of
the Property
Standards
Officer
who
shall
be the Building Inspector of
The Corporation
of the Municipality
of Thames
Centre
or such
other
persons
as may
be appointed
to that position
by the Council
of the
Municipality
of Thames
Centre
together
with
any Assistants
as the
Council
may provide.
9. 07
Action
to remedy
an infraction
described in this By- law shall commence
by the Property
Standards
Officer after
a complaint
has been
received
by The Corporation
of the Municipality
of Thames
Centre
or as the
Council
instructs
the Property Standards
Officer
to investigate
a
property. Such complaint
may
be required
to be submitted
to the
municipality
in writing
and signed
by the complainant
if the Property
Standards
Officer
deems
it to be necessary.
By- law No.
1 09- 2004
Page
18
OFFICERS
9. 08
The Council of the Municipality
of Thames
Centre shall appoint a
Property
Standards
Officer( s) to be responsible
for the administration
and
enforcement
of this By- law.
PROPERTY
STANDARDS COMMITTEE
9. 09
A Property Standards Committee
is hereby established
to review
the
order issued by a Property
Standards Officer
pursuant
to section 15. 6 of
the
Ontario
Building
Code Act, S.Q. 1992, c.23. The Committee
shall
be
composed of all members
of the Council
of the Municipality
of Thames
Centre ( one of which
shall
act as Chair).
The
Clerk
of the Municipality
of Thames
Centre
shall
act as Secretary for the Property Standards
Committee
and the Chief Building
Official
shall
be in attendance
as a
resource. Meetings
of this
Committee
shall
be conducted during
a
Regular Meeting
of the Council
on motion
to adjourn
the Regular
Meeting
and
enter into Property
Standards
Committee
Meeting.
Such
meetings
shall
be called
whenever
a problem
arises
that should
be
brought to the attention
of the Committee.
9. 10
When
an appeal
has
been
taken, the Committee
shall hear the appeal
within twenty- one ( 21) days of the date of receipt of the notice
of appeal
and shall
have
all the powers
and functions
of the Property
Standards
Officer
and
may confirm
the order to demolish
or repair or may modify or
quash
it or may extend
the time for complying
with the order provided
that, in the opinion
of the Committee,
the general intent
and
purpose
of
the By- law and
of the Official
Plan
are
maintained.
9. 11
The Corporation
or any owner, occupant or other
person
affected
by a
decision
of the Committee shall
have
a right to appeal
such decision in
the manner and within
the time provided
for such appeal
under
Section
15. 3-( 4) of the
Ontario
Building
Code Act.
9. 12
Every person
who
initiates
an appeal
of an Order
made
under
Section
15. 2 ( 2) of the
Ontario Building
Code
Act, S. O. 1992, c.23, shall
submit
a
Notice
of Appeal
in the time frame
and the
manner as prescribed
in
Section
15. 3 ( 1) of the Act. All Notices
of Appeal
shall
be accompanied
by a non- refundable payment of one hundred
twenty five dollars
125. 00).
COMPLIANCE
9. 13
The owner of any property that does
not conform
to the standards as set
out in this By- law shall repair and/ or maintain the said property to comply
with the standards
or the property shall
be cleared
of all buildings,
structures,
debris
or refuse
and left in a leveled and graded
condition.
PENALTY
9. 14
An owner who fails to comply with an order that
is final and binding
under
this By- law
is guilty of an offence
under
Section
36( 1) of the
Building
Code
Act, 5. 0. 1992, c. 23, and
is liable to a penalty
or penalties
as set out in Section
36 of the said Act.
By-law No. 109- 2004
Page 19
9. 15
Any person who contravenes
any provision of this By-law is guilty of an
offence and shall upon conviction be liable to a fine recoverable
under
the Provincial
Offenses
Act.
VALIDITY
9. 16
If an article of this By-law is for any reason
held to be invalid, the
remaining articles shall remain in effect until repealed.
9. 17
Where
a provision of this By-law conflicts with the provision of another
By-law in force within the Municipality of Thames
Centre, the provisions
that establish
the higher standards
to protect the health, safety and
welfare of the general public shall prevail.
TRANSITIONAL
RULES
9. 18
After the date of the passing this By-law, ( By-law NO. 1 09- 2004), 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 of Thames
Centre shall have been concluded.
TITLE
9. 19
This By-law may be referred to as " The Property Standards By-law".
PART X
REPEAL
OF BY- LAW NO. 46- 99; 48- 82
10. 01
By-law No. 46- 99 of The Corporation of the Township of North
Dorchester; and By-law No. 48- 82 of The Corporation of the Township of
West Nissouri
are hereby repealed.
READ
a FIRST and SECOND time this 13th day of December
2004.
READ
a THIRD time and FINALLY
PASSED
this 13th day of December, 2004.
cP
Co
n, Mayor
a1Y~
0
M. Casavecchia, Clerk
THE CORPORATION
OF THE MUNICIPALITY OF THAMES CENTRE
BY-lAW NO. 27- 2009
Being a By- law to amend the property standards
By-law # 109- 2004
WHEREAS under Section 15. 1 ( 3) of the Building Code Act, S. O. 1992,
c. 23, a By- law may be passed by the Council of a municipality prescribing the
standards for the maintenance and occupancy of property within the municipality
provided that the official plan for the municipality includes provisions relating to
property conditions;
AND WHEREAS the Official Plan of the Municipality of Thames Centre
includes provisions relating to property conditions;
AND WHEREAS the Council of The Corporation of the Municipality of
Thames Centre passed a by- law under Section 15. 1 ( 3) of the Building Code Act, S. O.
1992, c. 23;
AND WHEREAS Council is desirous to amend
the Property Standards
By- law 109- 2004;
NOW THEREFORE the Council of The Corporation of the Municipality of
Thames Centre HEREBY ENACTS AS FOllOWS:
1.
THAT the following definition be added to the Property Standards By-
law;
SWIMMING POOL
2. 37. 1
Swimming pool means
a pool whether
or not in the ground, capable of
being used for swimming, wading, diving, or bathing and which when
filled is capable of containing
a depth of 60 cm ( 24 in) or more of water.
2.
THAT the "Sewage and Drainage" section of By- law 109- 2004 be
amended by adding the following:
SEWAGE AND DRAINAGE
3. 06. 1
Swimming
Pools and Hot tubs shall
be maintained
in good repair, free of
leaks. Swimming pools and hot tubs shall be drained to the street or
directly into
a storm
sewer system when being drained or emptied, and
shall not be drained
onto adjacent properties. The backwash from
swimming pools and hot tubs shall be drained to either a sanitary sewer
or a storm
sewer
or may be spread on lawn areas provided seepage
therefrom does not affect adjacent properties.
READ
a FIRST and SECOND time this 6th day of April 2009.
READ
a THIRD time and FINAllY PASSED this 6th day of April, 2009.
M /
J.
u
s
y~Mayr
J~
M~
lerk