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THE CORPORATION
OF
THE TOWNSHIP OF TINY
PROPERTY STANDARDS BY-LAW
#14-017
TABLE OF CONTENTS
2.1.
Interpretations
2
2"2.
Definitions
3
2.0
ENVIRONMENTAL AND PROPERTY REQUIREMENTS
INTENDED PRIMARILY TO PROTECT PERSONS WHO MAY
BE ON OR ADJACENT TO THE PROPERTY AND TO
MAINTAIN PROPERTY VALUES
5
Exterior property areas
5
. . General Requirements
5
Drainage
6
3.13. Health
7
1.4. Buffering
7
3.
Buildings and Accessory Buildings
7
Structural Capacity
7
:3,2.2. Accident Protection
8
2.2.3. Health
8
Retaining Walls
8
3,2.5. Foundations
8
3.2.6. Exterior Walls, Columns and Beams
9
Exterior Doors, Windows and Other Openings
1 0
Exterior Stairs, Verandas, Porches, Decks, Loading Docks
and Balconies
1 0
.2.9. Roofs and Roof Structures
11
3.2.10. Exterior Maintenance
1 2
3.2.1 1. Signs
1 2
3.2.1 2. Fences
13
2.2.13.Craneways, Gantries, Lightning Arrestors, Television and
Radio Antennae and Structures of Similar Character
1 3
4.0
REQUIREMENTS INTENDED PRIMARILY TO PROTECT
OCCUPANTS AND USERS OF BUILDINGS AND
ACCESSORY BUILDINGS
1 3
4,1.
Exterior property areas
1 3
4,1,1. Application
1 3
4,1.2. General Requirements
1 3
4.2.
Buildings and Accessory buildings
1 4
4.2.1. Application
1 4
42.2. Structural Capacity
1 4
4.2.3. Accident Protection
1 4
4.2.4. Accident Prevention
1 5
4.2"5. Health and Refuse Disposal
1 5
4.2.6. Interior Surfaces, Floors, Stairs, Windows and Doors
1 7
4.2,7. Elevators, Hoists, Lifts, Moving Stairs and Walkways
1 8
4.2.8. Heating Systems, Chimneys, Vents, Fuel Burning
Appliances, Fireplaces
1 8
4.2.9. Electrical System
1 9
4.2.10. Lighting and Ventilation
20
TABLE OF CONTENTS
Section Topic
Page
4.2.11. Plumbing, Plumbing Fixtures, Drains
21
4.2.12. Kitchen Facilities
23
,21 3. Security
23
4.2.14. Recreational Facilities and Rooms
23
ADMINISTRATION AND ENFORCEMENT
24
.1 1 . Enforcement
24
5. 1.2. Compliance
24
5.1.3. Certificate of Compliance
24
1.4. Penalty
22
1 .5. Property Standards Committee
24
.1.6. Validity
25
5.1.7. Enactment
25
MAYOR, Ray Millar
25
CAO/CLERK, Doug Luker
25
THE CORPORATION OF THE TOWNSHIP OF TINY
BY-LAW NUMBER 14-017
A By-law Prescribing Standards for the
Maintenance and Occupancy of Property
\VHEREAS Section 15.1(3) of the Building Code Act, 1992, S.O. 1992,
C.23, as amended, authorizes the council of a municipality to pass a
by-law prescribing standards for the maintenance and occupancy of
property within the municipality and for prohibiting the occupancy or use
of such property that does not conform to the standards; and for
t:ouiring property that does not conform with the standards to be
rdpaired and maintained to conform with the standards or requiring the
slte to be cleared of all buildings, structures, debris or refuse and left in a
clraded and levelled condition;
AND WHEREAS an official plan that includes provisions relating to
oroperty conditions is in effect in the Township of Tiny;
AND WHEREAS Section 15.2 of the Building Code Act provides for the
'nspection of property by a Property Standards Officer and the making of
orders and Section 15.3 provides for the appeal and confirmation
process for such orders;
AND WHEREAS Section 15.4 of the Building Code Act provides that
\-there an order made by an Property Standards Officer has not been
complied with, a municipality may cause the property to be repaired or
demolished, the costs of which constitute a lien on the land;
AND WHEREAS Section 15.5 of the Building Code Act provides that
after inspecting a property, a Property Standards Officer who is of the
opinion that the property is in compliance with the standards established
in this by-law may issue a certificate of compliance to the owner;
AND WHEREAS Section 15.6 of the Building Code Act provides that
\.vhere a by-law is passed under section 15.1 said by-law shall provide
f )it the establishment of a committee composed of such persons,
not fewer than three, as the Council considers advisable to hold office
or such term and on such conditions as the by-law may establish;
AND WHEREAS Section 15.7 of the Building Code Act provides that
where a Property Standards Officer is satisfied there is non-conformity
with the standards in this by-law to such an extent as to pose an
i
. nmediate danger to the health of safety of any person, a municipality
Play cause the property to be repaired or demolished immediately,
the costs of which constitute a lien on the land;
AND WHEREAS Section 15.8 of the Building Code Act provides for the
inspection powers of a Property Standards Officer;
NOW THEREFORE, the Council of the Corporation of the Township of
Tiny enacts as follows:
1.,nship of Tiny Property Standards By-Law #14-017 Page 2
PART 1
1 .0
TITLE AND SCOPE
Section 1
SHORT TITLE
111
This By-Law may be referred to as "The Property Standards
By-Law".
Section 2
2.
SCOPE
..2.1. The standards for maintenance and occupancy of property
set forth in this By-Law are hereby prescribed and adopted
as the minimum standards for all property within the
Township of Tiny.
k 2.2. No person shall occupy any property if there are conditions
which pose or constitute an undue or unreasonable hazard
or risk to life, limb or health of any person in or about the
property.
1.2.3. All property within the Township that does not conform
with the standards contained in this By-law shall be repaired
and maintained to conform with the standards or the site to
be cleared of all buildings, structures, debris or refuse and
left in a graded and levelled condition.
2.4. This By-law does not apply so as to prevent a farm, meeting
the definition of "agricultural operation" under the Farming
and Food Production Protection Act, 1998, S.O. 1998, c.1,
from carrying out a normal farm practice as provided for and
defined under that Act.
PART 2
2. 0
APPLIED MEANING OF WORDS AND TERMS
Section 1
INTERPRETATIONS
Nomenclature: Throughout this By-Law, the following
numbering system is used: the By-Law is divided into Five
(5) Parts, each of which is divided into Sections.
The Sections may further be divided into Subsections. Thus,
3.6.8 is to be interpreted as meaning Part 3, Section 6,
Subsection 8. The Sections and Subsections may also be
subdivided into Paragraphs (designated (1), (2), etc.),
and Sentences (designated (a), (b), etc.), and Clauses
(designated (i),(ii), etc.);
.2. Interchangeability: Words used in the present tense include
the future, words in the masculine gender include the
feminine and neuter; the singular number includes the plural,
and the plural include the singular.
of Tiny Property Standards By-Law #14
. 017 Page 3
Terms Defined: Unless otherwise expressly stated,
terms shall, for the purpose of this By-Law, have the
meaning indicated in Part 2, Section 2, of this By-Law.
1.4. Terms Not Defined: Where terms are not defined under the
provisions of this By-Law, they shall have the meanings
ascribed to them in the Building Code or, if not defined in
the Building Code, they shall have the meanings ascribed in
the Ontario Fire Code or, if not defined in the Ontario Fire
Code, they shall have ascribed to them their ordinarily
accepted meanings, and such as the context herein may
i mply.
Section 2
DEFINITIONS
In this By-law:
2,1. "accessory building" means a detached building or
structure, not used for human habitation that is subordinate
to the lawful primary use of the main building or structure
on the said property;
L 2.2. "boat" means any vessel which floats on the surface of the
water and is capable of carrying people or material whether
motorized or not and includes but is not limited to pleasure
craft, scows, personal water craft, canoes, row boats,
pontoon boats and commercial boats, when on the water or
on land;
"building" means a building as defined in the Building Code
Act, or a structure used or intended to be used for
supporting or sheltering any use or occupancy;
:..2.4. "Building Code" means the in force Ontario Regulation(s)
made under Section 34 of the Building Code Act, that being
Ontario Regulation 350/06 and/or Ontario Regulation
332/12, and all amendments thereto;
"Building Code Act" means the Building Code Act, 1992,
S.O. 1992, c. 23, as amended;
2 2.6. "dwelling unit" means a suite operated as a housekeeping
unit, used or intended to be used as a domicile by one or
more persons and usually containing cooking, eating, living,
sleeping and sanitary facilities;
2.7.
"exterior property areas means the property, exclusive of
buildings and accessory buildings;
"fence" means a structure, wall or barrier, other than a
building, erected at grade for the purpose of defining
boundaries of property, separating open space, restricting
ingress to or egress from property, providing security or
protection to property or acting as a visual or acoustic
screen;
"ground cover" means organic or non-organic material
applied to prevent the erosion of the soil, e.g., concrete,
nii of Tiny Property Standards By-Law #14-017 Page 4
flagstone, gravel, asphalt, grass or other forms of
landscaping;
2.2.10. "habitable room means a room or enclosed floor space
used, or capable of being used for living, eating, sleeping or
domestic food preparation purposes, but excludes a
bathroom, water closet compartment, laundry, pantry,
foyer, lobby, hall, passageway, corridor, closet, stairway,
basement or cellar recreation room, storage room, furnace
room or other accessory space used for service,
maintenance or access within a building;
2.11.
" Medical Officer of Health" means the Medical Officer of
Health for the Simcoe Muskoka District Health Unit;
2.2.13.
"occupant" means any person or persons over the age of
eighteen years in possession of the property;
2.2.14. "openable area" means that part of a window or door which
is available for unobstructed ventilation and which opens
directly to the outdoors;
-) 2.15.
"owner" includes,
(1) the person for the time being managing or receiving the
rent of the land or premises in connection with which the
word is used, whether on the person's own account or as
agent or trustee of any other person, or who would receive
the rent if the land and premises were let; and
(2) 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;
2.2.16.
"person" means any human being, association, firm,
partnership, incorporated company, corporation, agent or
trustee, and the heirs, executors or other legal
representatives of a person to whom the context can apply,
according to law;
:.2.17. "property" means a building or structure, or part of a
building or structure, and includes the lands and premises
appurtenant thereto and all mobile structures, mobile
buildings, mobile homes, outbuildings, fences, retaining
walls, and erections thereon, whether heretofore or
hereafter erected, and also includes vacant property;
"Property Standards Committee" means the Property
Standards Committee established pursuant to Section 15.6
of the Building Code Act and this By-law;
lip of Tiny Property Standards By-Law U14-017 Page 5
.._ . 2.19. "Property Standards Officer" shall mean a Property
Standards Officer who has been assigned the responsibility
of administering and enforcing by-laws passed under
Section 15.1 of the Building Code Act;
"residence building" means a building containing within its
walls one or more residences, rooming or dwelling units,
and which may, in addition, contain other uses;
"residence unit" means one or more rooms arranged for the
use of one or more individuals living together with living and
sleeping facilities, and includes a dwelling unit and a
rooming unit;
2.22. "rooming unit" means one or more habitable rooms with
shared sanitary, cooking or eating facilities, or with no
cooking or eating facilities, which are rented or capable of
being rented to a person for gain;
.2.23. "salvage yard" includes a scrap yard, junk yard and
wrecking yard, whether or not an active business is carried
on therein, or such yard is used for storage purposes;
"sewage" means water-carried wastes, together with such
ground, surface and storm waters as may be present;
2.2.25. "sign" includes an advertising device or notice and means
any medium, including its structure and other component
parts, which is used or capable of being used to attract
attention to a specific subject matter, other than itself, for
identification, information or advertising purposes;
.2.26.
"Township" shall mean the Corporation of the Township of
Tiny;
.2.27. "unsafe condition" means any condition that poses or
constitutes an undue or unreasonable hazard or risk to life,
limb or health of any person on or about the property.
PART 3
3.0 ENVIRONMENTAL AND PROPERTY REQUIREMENTS
INTENDED PRIMARILY TO PROTECT PERSONS WHO MAY
BE ON OR ADJACENT TO THE PROPERTY AND TO
MAINTAIN PROPERTY VALUES
Section 1
Township of Tiny Property Standards By-Law P14-017 Page 6
(d)
unsightly and unreasonably overgrown, in
relation to their environment, ground cover,
hedges and bushes;
(e)
dead, decayed, or damaged trees, or other
natural growth and the branches and limbs
thereof which creates an unsafe condition;
(f)
wrecked, dismantled, derelict, inoperative,
discarded, unused or unlicenced vehicles or
trailers, except in an establishment licenced or
authorized to conduct and operate such a
business, and then only in an arrangement such
as to prevent an unsafe condition or an
unsightly condition and screened from view
from adjacent properties;
(g)
wrecked, dismantled, derelict, inoperative,
discarded or unused boats and any component
parts thereof, except in an establishment
licenced or authorized to conduct and operate
such a business, and then only in an
arrangement such as to prevent an unsafe
condition or an unsightly condition and
screened from view from adjacent properties;
(h)
machinery or any parts thereof, or other
objects or parts thereof, or accumulations of
material or conditions that create an unsafe
condition or an unsightly condition out of
character with the surrounding environment;
and
(i)
dilapidated or collapsed structures or erections
and any unprotected well or other unsafe
condition or unsightly condition out of
character with the surrounding environment.
(2)
Suitable ground cover shall be provided to prevent
erosion of the soil. Where grass from a part of the
ground cover has been killed due to the application of
calcium chloride or other chemical to walkways or
driveways adjacent to a property, or for other
reasons, such dead areas shall be re-sodded or
re-seeded as often as required so as to restore the
grass to a living condition.
(3)
Hedges, planting, trees or other landscaping, required
by the Township as a condition of site development,
redevelopment or rearrangement, shall be maintained
in a living condition or shall be replaced with
equivalent landscaping, so as to carry out its intended
function and maintain an attractive appearance.
(4)
Landscaping and general maintenance of the exterior
property areas shall not detract from the landscaping
and the general maintenance of the neighbourhood of
which they are a part.
.1.2.
DRAINAGE
(1) Exterior property areas shall be graded and
maintained in such a manner as to prevent the
excessive or recurrent ponding of storm water
thereon, and shall be cultivated or protected with a
Township of Tiny Property Standards By-Law #14-017 Page 7
suitable ground cover to prevent erosion of the soil.
All catchbasins and swales shall be installed and
maintained and all ditches maintained so as to not
impede the natural flow of water.
(2) The storm water run-off from all downspouts of
impervious surfaces shall be contained within the
limits of the property from which it originated until
absorbed by the soil or drained to a storm sewer, or
to a natural or artificially-created swale, ditch or
watercourse. On lands abutting a publicly owned
storm sewer, a storm sewer shall be installed and
connected to the publicly owned storm sewer and an
underground drain to take uncontaminated subsurface
drainage therefrom. The drain shall be extended to
take the storm water run-off from all roof and other
artificially-created impervious surfaces, except that
the aforementioned may be omitted if appropriate
measures are taken to ensure that such storm water
run-off is self-contained on the property (and not
adjacent properties), as heretofore described, and
further, that said storm water will not collect thereon
in such a manner as to endanger or create a nuisance
to persons on or adjacent to the property.
HEALTH
(1)
All sewage shall be discharged into an approved
private sewage disposal system.
1.4.
BUFFERING
(1) Property which, because of its use of occupancy, or
for other reasons, create a nuisance to adjacent
properties or to the neighbourhood or to users of
streets or parks, shall be buffered from such
properties or public areas so as to minimize the effect
and shall make:
(a)
provision for and maintenance of an effective
barrier to prevent lighting and vehicle
headlights from shining directly into a residence
unit;
(b)
provision for and maintenance of an effective
barrier
to
prevent
wind-blown
waste,
wrappings,
debris
and
the
li ke
from
encroaching on the adjacent properties; and
(c)
provision for and maintenance of a visual
screen, to minimize the visual impact of
nuisances to persons at grade on or adjacent to
the property.
Section 2
32.
BUILDINGS AND ACCESSORY BUILDINGS
STRUCTURAL CAPACITY
(1) A building, accessory building, or any part thereof
shall be capable of resisting, with at least the factor
of safety specified in the Building Code, its own
weight and the load that may be applied to it through
natural causes, viz., snow, wind and all other such
Township of Tiny Property Standards By-Law #14-017 Page 8
causes, all as set out in the Building Code, and
without exceeding the soil capacity and the maximum
differential or other settlement as specified therein.
An inspection report prepared, stamped and signed by
an engineer qualified in the pertinent field and
licensed in the Province of Ontario, shall be submitted
for approval when the structural capacity of any part
of a building or accessory building, in the opinion of a
Property Standards Officer or Building Inspector,
is in doubt.
.2.2.
ACCIDENT PROTECTION
(1) When an unsafe condition exists to persons in a
building or accessory building, the Building Code shall
apply to the extent necessary to abate the unsafe
condition. In the event that strict application of the
Building Code is not practical, the Property Standards
Officer may accept alternative measures provided the
standards of safety that results is generally equivalent
to the standards provided by the Building Code.
2.3.
HEALTH
(1) All buildings and accessory buildings on property shall
be kept free of garbage, refuse, and pests, such as
rodents, vermin, termites and injurious insects.
RETAINING WALLS
(1)
Retaining walls shall be maintained in good repair and
free from accident hazards.
(2)
Without restricting the generality of Paragraph (1),
the maintenance required includes:
(a)
redesigning, repairing or replacing 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 of paint or equivalent
preservative to all metal or wooden exposed
components.
FOUNDATIONS
(1)
Every foundation forming a part of a building or an
accessory building shall be maintained in good repair
so as to prevent settlement detrimental to the
appearance of the building, or the entrance of
moisture, vermin, termites and insects or rodents into
the building.
(2)
Without limiting the generality of Paragraph (1),
the maintenance of a foundation includes:
(a)
the jacking-up, underpinning or shoring of the
foundation where necessary;
Township of Tiny Property Standards By-Law #14-017 Page 9
(b)
the extension of footings and foundations
below grade or regrading to provide adequate
frost cover;
(c)
installing subsoil drains at the footing where
such would be beneficial;
(d)
the grouting of masonry cracks;
(e)
waterproofing the wall and joints;
(f)
the carrying out of such other work as may be
required to overcome any existing settlement
detrimental to the appearance of the building;
(g)
repairing or replacing decayed, damaged or
weakened sills, piers, posts or other supports;
(h)
making sills, piers, posts or other supports
insect-proof by the application of suitable
materials; and
(i)
coating with a preservative.
EXTERIOR WALLS, COLUMNS AND BEAMS
(1) The components of every exterior wall of a building
or an accessory building, and the exterior wall shall
be maintained:
(a)
in good repair;
(b)
weather tight;
(c)
free from loose or unsecured objects or
materials;
(d)
so as to prevent the entrance of insects or
rodents;
(e)
so as to prevent deterioration due to weather,
insects, vermin, termites rodents and other
animals; and
(f)
so as to prevent deterioration detrimental to
the appearance of the building.
(2)
Without restricting the generality of Paragraph (1),
maintenance of the exterior wall includes:
(a)
the applying of materials to preserve all exterior
wood and metal work or other materials not
inherently resistant to weathering;
(b)
the applying of materials to improve or
maintain a pleasant and satisfying appearance
at least commensurate with that of the
neighbourhood;
(c)
the restoring, repairing or replacing of:
(i.)
the wall;
(ii.)
the masonry units and mortar;
(iii.)
the stucco, shingles or other cladding;
(iv.)
the coping; and
(v.)
the flashing and waterproofing or the
wall and joint.
(3) 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 or treated
against weathering, so as to prevent or remedy
Tanship of Tiny Property Standards By-Law #14-017 Page 10
deterioration detrimental to the appearance of the
building.
.2.7.
EXTERIOR DOORS, WINDOWS AND OTHER OPENINGS
(1) Shutters, doors, hatchways and all other exterior
openings in a building or an accessory building shall
be kept weathertight, and draft free.
(2)
Without restricting the generality of Paragraph (1),
the maintenance includes:
(a)
painting or the applying of a similarly effective
preservative;
(b)
the repair, replacement or renewing of
damaged, decaying, or defective:
(L)
doors;
(ii.)
door frames and casings;
(iii.)
window sashes;
(iv.)
window frames and casings;
(v.)
shutters; and
(vi.)
screens;
(c)
refitting doors, windows, shutters or screens;
(d)
repairing or replacing defective Or missing
doors, windows and shutters;
(e)
reglazing
or fitting
with
an
translucent
substitute;
(f)
rescreening;
(g) using other approved means of
weatherproofing where the opening is used or
required for ventilation or illumination and is
not protected by a window, door or similar
closure:
(i.)
screening with wire mesh, metal grills or
other equivalent durable material; or
(ii.)
other protection so as to effectively
prevent the entry of rodents or vermin.
(3) Glazed doors, windows and other transparent
surfaces shall be kept clean so as to permit
unimpeded visibility and unrestricted passage of light.
(4) Nothing in Article 3.2.7. shall be construed as
preventing doors, windows and other openings in an
unoccupied building or accessory building from being
protected from damage or to prevent entry, for such
time as a building or accessory building remains
unoccupied.
(5) Materials used for protection in accordance with
Paragraph (4), shall be afforded an application of
paint, varnish or other colouring or preservative on
the
exterior,
to
maintain
an
appearance
commensurate with the surrounding environment.
-.2.8.
EXTERIOR STAIRS, VERANDAS, PORCHES, DECKS,
LOADING DOCKS AND BALCONIES
(1)
Every exterior stair, veranda, porch, deck, loading
dock, balcony and every appurtenance attached
Township of Tiny Property Standards By-Law #14
. 017 Page 11
thereto shall be maintained, reconstructed or repaired
so as to be safe to use and capable of supporting the
loads to which it may be subjected, as specified in
the Building Code, and shall be kept in sound
condition and good repair, free of all accident hazards
and other deterioration or objects detrimental to the
appearance of the building or accessory building.
(2)
Without restricting the generality of Paragraph (1),
the maintenance, reconstructing or repairing includes:
(a)
repairing or replacing treads, risers or floors
that show excessive wear or are broken,
warped, loose or otherwise defective;
(b)
repairing, renewing or supporting structural
members that are rotted, deteriorated or loose;
(c)
providing, repairing or renewing guard rails,
railings and balustrades; and
(d)
painting or the applying of other equivalent
preservative.
ROOFS AND ROOF STRUCTURES
(1)
The roof of a building or accessory building shall be
weather tight and free from:
(a)
leaks;
(b)
loose or unsecured or unsafe objects and
materials;
(c)
all other accident and fire hazards;
(d)
dangerous accumulation of ice and snow; and
(e)
other
unsightly
objects
and
conditions
detrimental to the appearance of the building.
(2)
Roof decks and related guards shall be kept in a good
state of repair.
(3) The drainage from all roof surfaces shall discharge
into a eavestrough or roof gutter and thence to a
downpipe.
(4)
Every eavestrough, roof gutter and downpipe shall be
kept:
(a)
in good repair;
(b)
in good working order;
(c)
water tight and free from leaks;
(d)
free from health and accident hazards; and
(e)
protected by painting or the applying of other
equivalent preservative.
(5) Chimneys, smoke or vent stacks and other roof
structures shall be maintained plumb and in good
repair so as to be free from:
(a)
loose bricks, mortar and loose or broken
capping;
(b)
loose or rusted stanchions, guy wires, braces
and attachments;
(c)
any fire or accident hazard; and
ship of Tiny Property Standards By-Law #14-017 Page 12
(d)
unsightly objects and conditions detrimental to
the appearance of the building.
EXTERIOR MAINTENANCE
(1) All exterior surfaces that have been previously
painted, stained, varnished or which have received
other similar protective finishes shall be maintained
without visible deterioration from the original finish,
or shall be suitably refinished by application of an
equivalent preservative.
(2) Appropriate measures shall be taken to remove any
graffiti, 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 markings, stains or
defacement occurred.
(3) In the event of fire or other disaster, measures shall
be taken as soon as possible to make the damaged
building or accessory building compatible with its
environment. Without restricting the generality of the
foregoing, such measures include:
(a)
making the building or accessory building safe;
(b)
repairing of damaged surfaces exposed to
view;
(c)
cleaning any damaged surfaces exposed to
view; and
(d)
refinishing so as to be in harmony with
adjoining undamaged surfaces.
(4) In the event the building or accessory building is
beyond repair, the land shall be cleared of all remains
and left in a graded level and tidy condition.
.2 .1 1 .
SIGNS
(1)
Signs and sign structures shall be maintained:
(a)
so as not to cause any unsafe condition;
(b)
in a vertical plane unless otherwise erected and
approved, in which case such sign shall be
maintained as erected and approved in
accordance with a building permit issued by the
Chief Building Official where such permit is
required;
(c)
without any visible deterioration of the sign and
its structure when viewed from any property
other than the property on which the sign is
situated; and
(d)
as may additionally be required by the Sign
By-Law of the Township
(2)
Signs and sign structures that are discarded or
unused shall be removed from the property.
sip of Tiny Property Standards By-Law #14-017 Page 13
FENCES
(1)
A fence on a property or separating adjoining property
shall be kept:
(a)
protected by paint, treated with 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 and plumb,
unless specifically designed to be other than
vertical;
(c)
in good repair and free of accident hazards; and
(d)
so as not to present an unsightly appearance.
2.13. CRANEWAYS, GANTRIES, LIGHTNING ARRESTORS,
TELEVISION AND RADIO ANTENNAE AND STRUCTURES
OF SIMILAR CHARACTER
(1) Craneways, gantries, lightning arrestors, television
and radio antennae and structures of similar character
shall be maintained:
(a)
plumb, unless specifically designed to be other
than vertical;
(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.
PART 4
4.0 REQUIREMENTS INTENDED PRIMARILY TO PROTECT
OCCUPANTS AND USERS OF BUILDINGS AND
ACCESSORY BUILDINGS
Section 1
4.1
EXTERIOR PROPERTY AREAS
(excluding buildings and accessory buildings)
1.1 .
APPLICATION
(1)
exterior property areas of occupied property shall
comply with the requirements of Section 4.1.
1.2.
GENERAL REQUIREMENTS
(1)
Sufficient lighting to exterior property areas shall be
provided to minimize any danger to persons using
existing walkways, and to alert persons with respect
to anyone who may be loitering adjacent to an area
which the occupants of the property or the public are
likely to use.
(2)
Artificial lighting standards and fixtures shall be kept
in a safe condition, in working order and in good
visual condition.
(3)
Recreational areas shall be kept in a safe, usable
condition, and equipment provided in connection
therewith shall be safe and operable.
p of Tiny Property Standards By-Law #14-011 Page 14
(4)
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.
(5)
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 reasonably dust-free substance,
and shall be free from ponding and puddles and
otherwise in good repair.
(6)
Paved communal parking areas shall be provided with
suitable markings, such as painted lines, to indicate
parking spaces, entry and egress for vehicles,
maintained so as to be clearly visible.
(7)
Walkways shall be repaved, resurfaced or regraded as
often as necessary to maintain a reasonably smooth,
slip-free and safe walkway.
Section 2
BUILDINGS AND ACCESSORY BUILDINGS
APPLICATION
(1)
In addition to complying with the requirements of
Section 3.2 of this By-Law, occupied buildings and
accessory
buildings
shall
comply
with
the
requirements of Section 4.2.
42.2.
STRUCTURAL CAPACITY
(1) A building, accessory building or any part thereof
shall be capable of resisting, with the factor of safety
specified in the Building Code, its own weight and all
the loads that may be applied thereto as a result of its
existence and use all as set out in the Building Code
and without exceeding the soil capacity and the
maximum differential or other settlement as specified
therein. An inspection report, prepared, stamped and
signed by an engineer qualified in the pertinent field
and licenced in the Province of Ontario, shall be
submitted for approval when the structural capacity
of any part of a building or accessory building, in the
opinion of a Property Standards Officer or Building
Inspector, is in doubt.
ACCIDENT PROTECTION
(1) When an unsafe condition exists to persons in a
building or accessory building, the Building Code shall
apply to the extent necessary to abate the unsafe
condition. In the event that strict application of the
Building Code is not practical, the Property Standards
Officer may accept alternative measures provided the
standards of safety that results is generally equivalent
to the standards provided by the detailed Building
Code.
wrist' p of Tiny Property Standards By
. Law #14-017 Page 15
(2)
Without limiting the generality of Paragraph (1),
the abating of an unsafe condition includes:
(a)
the provision or repair of stairs, balustrades,
railings, guards and screens so as to minimize
the risk of accident; and
(b)
the elimination of other conditions which, in
themselves are a hazard to life or which risk
serious injury to persons normally in or about
the subject building, accessory building, room,
suite of rooms or space.
(3) Subsection 4.2.3. does not apply with respect to
unsafe conditions, as such would relate to the
property of persons.
4.2.4.
ACCIDENT PREVENTION
(1) When an unsafe condition exists to persons in a
building of accessory building and such condition is
regulated by the Fire Code, the Fire Code shall apply
to the extent necessary to abate the unsafe
condition.
(2)
Without limiting the generality of Paragraph (1),
the abating of an unsafe condition includes:
(a)
the elimination of accident hazards;
(b)
the proper handling, storage and discharge of
dangerous materials and chemicals;
(c)
the storage of combustible materials so as to
minimize fire spread and permit effective fire
control; and
(d)
the control of hazardous industrial processes
and operations and the prevention of
explosions.
(3) Wrecked, dismantled, derelict, discarded, unused or
unlicenced vehicles, boats or trailers shall be removed
from parking garages where such vehicles create an
unsafe condition.
.2.5.
HEALTH AND REFUSE DISPOSAL
(1)
Every residence building floor, having a common
access corridor to individual apartments, shall be
equipped with a garbage or refuse room accessible to
all tenancies on the floor, and every residence
building exceeding two stories in height shall have a
garbage chute connecting the aforesaid rooms to a
common room, or to an container at grade or, in the
alternative to the foregoing, a compacting or garbage
grinding disposal unit shall be installed in each
tenancy and an central storage and disposal facility
provided.
(2)
In all other buildings and accessory buildings,
sufficient rooms, containers and receptacles shall be
provided to safely contain all garbage, rubbish, ashes,
waste and other refuse, which shall not be allowed to
accumulate but shall be removed or made available
TQwnshIp of Tiny Property Standards By
. Law #14
. 011 Page 16
for removal in accordance with any applicable
by-laws.
(3)
The facilities required by Paragraphs (1) and (2) shall
be designed, installed and maintained in the manner
required by the Building Code.
(4)
In the event that strict application of Paragraphs (1)
and (2) and (3) above are not practical, the Property
Standards Officer may accept alternative measures
provided that the resultant standard is generally
equivalent to the standard herein required so long as
they comply with the Building Code.
(5)
External containers and receptacles described in
Paragraph (2) shall be screened for view and shall be
provided with covers so that the material contained
therein need not be exposed to view or to injurious
insects, termites, rodents, vermin or other pests.
Such covers shall at all times prevent the aforesaid
exposure, except when the receptacles are actually
being filled or emptied.
(6)
Garbage chutes, disposal rooms, containers and
receptacles shall be washed down and disinfected as
necessary to as to maintain a clean and odour free
condition.
(7)
Injurious insects, termites, vermin, rodents and other
pests shall be exterminated and appropriate measures
shall be taken to prevent their re-entry.
(8)
In a residence 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 free from drafts.
(9)
No residence unit shall be occupied or be permitted to
be occupied in sufficient numbers to constitute, in the
opinion of the Medical Officer of Health, a physical or
mental health hazard to any or all of the occupants.
(10)
No portion of a residence unit shall be used for
human habitation unless:
(a)
the floors, walls and ceiling areas are
watertight and free from dampness at all times;
(b)
the total window area, the total openable area
for natural ventilation and the ceiling height are
in accordance with the provisions of the
Building Code or, alternatively, reventilation
and/or, mechanical ventilation is provided as
prescribed in the Building Code;
(c)
the required minimum window area of every
habitable room is entirely above the grade of
the ground adjoining such window area, or the
top of the window well, whichever is the
higher elevation; and
of Tiny Property Standards By-Law P14-017 Page 17
(d) a heating system is provided and operated so
as to maintain a minimum of not less than 21°
Celsius, between the fifteenth of September to
the first of June of the year following.
(11) Acoustical insulation shall be provided wherever
required to prevent sound transmissions detrimental
to the health of any individual, or a muffling device
shall be used to reduce such sound emissions to a
safe level.
2.6.
INTERIOR SURFACES, FLOORS, STAIRS, WINDOWS AND
DOORS
(1)
Exposed interior surfaces shall be maintained:
(a)
in a clean, odour-free and sanitary condition,
reasonable for the normal use or occupancy of
the room, passageway, enclosure or space;
(b)
in good repair, free from holes, loose, broken,
torn damaged or decayed materials;
(c)
so as to afford the fire resistive properties and
other protection for which they shall be
designed; and
(d)
free of any graffiti, markings, stains or other
defacement.
In addition to the maintenance required by Paragraph (1), floors and
stairs shall be maintained:
(a)
free of loose, warped or decayed boards and
materials; and
(b)
free of depressions, protrusions, deterioration
or other defects which could create an unsafe
condition or which are out of character with
the normal use of the area in which such
defect occurs.
(2) (a) In addition to the maintenance required by
Paragraph (1), windows and doors and their
frames shall be maintained:
(i.)
reasonably draft-free;
(H.) properly operational in respect to all
hinges, locks, pulls, knobs or other
hardware;
(iii.)
so as to readily and fully open under
normally
applied
pressure,
without
jamming or binding; and
(iv.)
so as to properly perform their intended
functions.
(b)
The requirements of Subsection 3.2.7. shall
also apply to all interior doors and windows.
hip of Tiny Property Standards By-Law #14-017 Page 18
4.2.7.
ELEVATORS, HOISTS, LIFTS, MOVING STAIRS AND
WALKWAYS
(1)
Elevators, hoists, lifts and moving stairs and
walkways shall be installed and maintained:
(a)
in good working order and in an operative
condition;
(b)
free of hazards that could cause an accident;
and
(c)
in accordance with the requirements of the
Building Code.
2.8.
HEATING SYSTEMS, CHIMNEYS, VENTS, FUEL BURNING
APPLIANCES, FIREPLACES
(1) In a residence building, and where persons are
employed in duties and operations in an enclosed
space or room within a building and not engaged in
active physical activity, the heating system shall be
capable of providing, during normal hours of
occupancy, sufficient heat in such spaces or rooms to
maintain a temperature of not less than 21 ° Celsius.
(2) The heating system required by Paragraph (1) shall be
maintained in good working condition and shall be
operated so as to be capable of heating all parts of
the building safely to the required standard.
(3)
Fuel burning appliances shall:
(a)
have ample air supply to permit combustion to
occur with optimum oxygen available;
(b)
be located in such a manner as to prevent
impediment to the free movement of persons
and the overheating of adjacent materials and
equipment; and
(c)
be provided with guards where necessary to
minimize risk of accidents.
(4) Where an appliance burns solid or liquid fuel, a
storage place or receptacle for the storage of such
fuel shall be provided and maintained in a safe
location and shall be so constructed so as to be free
from fire and accident hazards.
(5) An appliance that burns fuel shall be effectively
vented to the outside air by means of a chimney,
a flue, a smoke pipe, a vent pipe or as otherwise may
be permitted by the Building Code, except that such
venting is not required with respect to appliances that
are designed, constructed and used so as not to
require venting.
(6) Fireplaces, vent pipes, exhaust hoods, chimneys,
smoke pipes, smoke stacks, flues and ducts shall be
constructed, anchored, protected and maintained so
as to be in good repair and to prevent:
(a)
the heating of adjacent materials to unsafe
temperature;
Township of Tiny Property Standards By-Law #14
. 017 Page 19
(b)
the entrance of noxious gases into the building;
and
(c)
other fire and accident hazards.
(7)
Without restricting the generality of Paragraph (6),
the maintenance includes:
(a)
cleaning obstructions from the chimney, flue,
smoke pipe or other duct;
(b)
lining, repairing or relining with fire resistive
material;
(c)
sealing open joints, repairing fleshings and
masonry;
(d)
using pipes or ducts of acceptable material and
of an adequate size for the chimney, flue,
smoke pipe, vent pipe or similar duct;
(e)
replacing deteriorated or defective anchoring
supports; and
(f)
periodic application of a weather coating
material such as paint or other preservative
treatment, unless constructed of materials
inherently resistant to corrosion.
(8)
All connection between:
(a)
heating equipment, or
(b)
cooking equipment that burns or is designed or
intended to burn liquid or gaseous fuel; and
(c)
the source of liquid or gaseous fuel,
shall be maintained in good repair and in accordance
with the requirements of the Building Code.
(9) Where there is fuel burning equipment in any
occupied residence unit not occupied by owner,
and the owner is required by the lease or agreement
providing for the occupant to provide fuel, an
adequate supply of fuel, in a convenient safe location,
shall be available at all times for the equipment.
ELECTRICAL SYSTEM
(1)
A residence unit and, where required by the Building
Code, buildings and accessory buildings shall be:
(a)
connected to an electrical supply system and
wired to receive electricity;
(b)
provided with sufficient electrical outlets in
every room or space such that the use of
extension cords or multi-outlet attachments are
not required on a permanent basis; and
(c)
provided with an adequate supply of electrical
power available at all times in all parts of every
room.
(2) The capacity of the connection to the building and
the system of circuits distributing the electrical supply
with the building shall be adequate for the use and
intended use and shall be in compliance with the
Building Code.
s''ip of Tiny Property Standards By-Law #14-017 Page 20
.2.1 O.
(3) Electrical wiring, cords, circuits, fuses, circuit
breakers, electrical equipment and electrical heating
systems shall be installed and maintained in good
working order at all times, free from fire and accident
hazards and in compliance with the Building Code and
Fire Code applicable to installation and maintenance.
LIGHTING AND VENTILATION
(1) Adequate lighting fixtures shall be installed and
maintained in all areas so that the work or operations
normally carried out in such areas, or the use of such
areas, can be undertaken in safety and without undue
eye strain.
(2) Sufficient ventilation shall be provided to all areas so
as to prevent accumulations of heat, dust, vapours,
odours, carbon monoxide and other gases likely to
create a potential fire hazard or to become a
nuisance.
(3) Every kitchen, bathroom, shower room and toilet
room shall be provided with adequate natural or
artificial means of ventilation.
(4) Where any system of mechanical ventilation is
provided for in any building or accessory building,
room or series of rooms, such system, including
monitoring devices for air contaminants or operability,
shall be:
(a)
capable of completely changing the air in the
room in accordance with the requirements of
the Building Code; and
(b)
regularly cleaned and maintained in working
order, good repair, and in a safe condition at all
ti mes.
(5) Ventilating systems shall be installed and maintained
so as to prevent, in an emergency, the rapid spread
of heat, flames, or smoke through the system.
(6)
Air for ventilating purposes shall be taken from the
exterior or shall be quality controlled.
(7) Air intake openings shall be located so as to minimize
the possibility of fire, smoke, fumes or foreign matter
being drawn into the building and shall provide air
from an uncontaminated source.
(8)
Exhaust openings shall be located so that the exhaust
air will not create a nuisance or a fire hazard.
(9) Exhaust air, the contents of which may contain
odours, fumes or vapours, shall not be circulated to
other occupied spaces within a building or accessory
building.
(10) In a residence unit:
Township of Tiny Property Standards By-Law #14-017 Page 21
(a)
every habitable room, except a kitchen, shall
contain one or more windows or skylights that:
(i.)
open directly to the outside air; and
(ii.)
have a total light transmitting area and
openable ventilating area of not less than
that required by the Building Code.
(b)
all skylights, windows and window sashes
shall:
(i.)
be glazed or fitted with an transparent or
translucent substitute;
(ii.)
be provided with proper and suitable
hardware and locking mechanism;
(iii.)
open to the outside air as required by the
Building Code if equivalent in mechanical
ventilation is not provided;
(iv.)
be maintained in good repair; and
(v.)
be easily opened and closed at all times.
(c) portions of a window that are in a window well
shall not be counted in computing the window
area for the purposes of Sentence (a) or the
opening area for the purposes of Sentence (b).
(d)
all
enclosed
spaces,
including
attics,
basements, cellars or crawl spaces shall be:
(i.)
adequately ventilated; and
(ii.)
provided with an access of sufficient
size to permit entry.
Township of Tiny Property Standards By-Law #14-017 Page 22
(4) In a building containing residence units, the sanitary
conveniences and toilet facilities used in connection
with the residential portion of the building shall be
separate from such facilities and conveniences used
in connection with any non-residential portion, unless
the occupants of the residential portion are also the
occupants of the non-residential portion.
(5) Within the exterior walls of the residence building
there shall be provided accessible and available for all
occupants a bathroom and toilet room with provision
for privacy, and having at least:
(a)
one water closet for each ten or fewer
occupants;
(b)
one bathtub or shower or combination bathtub
and shower; and
(c)
one wash basin located in or immediately
adjacent to every room containing a water
closet or urinal,
that are:
(i.)
in good working order
(ii.)
served with hot and cold running water,
with cold water connection only to
water closets and urinals, and
(iii)
that are connected to the drainage
system.
(6) Where a bathroom or toilet room is intended to be
shared by the occupants of dwelling and rooming
units, access thereto shall be from a common
passageway, hallway, corridor or other space used in
common by all occupants.
(7) All other buildings and accessory buildings shall be
provided with toilet and washing facilities equal to the
standard required by the Building Code, maintained as
required by Paragraph (5).
(8)
Food shall not be stored or prepared in a room that
contains a water closet.
(9)
Every room in which meals are prepared shall have a
sink that:
(a)
has a backsplash and a drainboard made of
material impervious to water;
(b)
is serviced with hot and cold running water;
(c)
is connected to the drainage system;
(d)
is in good repair and working order; and
(e)
is approved by the Medical Officer of Health
when located other than in a residence unit.
(10) An adequate supply of potable water shall be
available at all times in the kitchen and bathroom of a
residence unit.
Township of Tiny Property Standards By-Law #144117 Page 23
(1 1 ) Below grade floors shall be adequately drained so as
to prevent the ponding of water on the floor surface.
KITCHEN FACILITIES
(1)
Every dwelling shall contain a kitchen area equipped
with:
(a)
a sink that is served with hot and cold running
water and is surrounded by surfaces
impervious to grease and water;
(b)
suitable storage area;
(c)
a counter or work area, 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 connection.
(2) All appliances, including refrigerators and cooking
stoves, shall be maintained in good repair and in
working order.
SECURITY
(1)
Doors which allow access to or egress from a
residence unit shall be equipped with a lock that:
(a)
is a positive locking dead lock of a type that
cannot be accidentally locked against entry by
the closing of the door;
(b)
does not contravene Building Code; and
(c)
is maintained in good repair and in an operative
condition.
(2) Exterior security locking and release and voice
communication systems, when provided, shall be
maintained in good repair and operative condition,
and in compliance with the requirements of the
Building Code.
[' ship of Tiny Property Standards By-Law #14-017 Page 24
PART 5
5.0
ADMINISTRATION AND ENFORCEMENT
Section 1
ENFORCEMENT
(1)
The Council of the Corporation of the Township of
Tiny shall assign a Property Standards Officer(s) as
being responsible for the administration
and
enforcement of this By-law.
COMPLIANCE
(1)
Owners and occupants of property shall comply with
the standards and requirements prescribed in this
By-law.
(2)
Every owner or occupant of property shall comply
with an order made pursuant to the Building Code Act
requiring compliance as confirmed or modified. If an
order of an Property Standards Officer is not complied
with in accordance with the order as deemed
confirmed or as confirmed or modified by the
committee or a judge, the Township may cause the
property to be repaired or demolished accordingly.
(3)
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 and
repairs shall conform to the Building Code or any
other relevant legislation, where applicable.
CERTIFICATE OF COMPLIANCE
(1)
After inspecting a property, a Property Standards
Officer who is of the opinion that the property is in
compliance with the standards established in this
By-law, may issue a certificate of compliance to the
owner.
(2)
The prescribed fee set out in the Townships' Fee
Schedule By-law shall be payable prior to the
issuance of a certificate of compliance where it is
issued at the request of the owner.
1.4.
PENALTY
(1) Every owner or occupant who fails to comply with an
order, as confirmed, any other order, a direction or a
requirement made under this By-law is guilty of an
offence under Section 36.(1) of the Building Code Act
and is liable to a penalty or penalties as set out in
Section 36 of that Act.
.1.5.
PROPERTY STANDARS COMMITTEE
(1)
A Property Standards Committee is hereby
established in accordance with the Building Code Act.
(2)
The Property Standards Committee shall be
composed of such persons, not fewer than three (3),
as council considers advisable.
of Tiny Property Standards By-Law #14-017 Page 25
(3)
The Property Standards Committee shall hold office
for such term and on such conditions as this By-law
establishes.
(4)
This By-law establishes that appointments to the
Property Standards Committee will expire on the last
day of each Council term or on the date new
committee members are appointed pursuant to the
Township's Committee Terms of Reference and
Appointments By-law, as amended.
(5)
This By-law establishes that members shall be
appointed pursuant to the Township's Committee
Terms of Reference and Appointments By-law,
as amended.
(6)
This By-law establishes that the Property Standards
Committee shall be subject to the Terms of Reference
approved by Council and set out in the Township's
Committee Terms of Reference and Appointments
By-law, as amended.
1.6.
VALIDITY
(1) If any section, subsection, paragraph, sentence,
clause, or provision of this by-Law be declared by a
Court of competent jurisdiction to be invalid, illegal or
ultra vires for any other reason, all other provisions of
this by-Law shall remain and continue in full force and
effect and shall remain valid and binding.
.1.7.
ENACTMENT
(1)
This By-Law shall come into force and effect from the
date of its final passing hereof.
READ A FIRST AND SECOND TIME THIS
DAY OF
2014.
READ A THIRD TIME AND FINALLY PASSED THIS
DAY OF
2014.
THE CORPORATION OF THE TOWNSHIP OF TINY
CAO/CLERK, Doug Luker