Property Standards By-law No. 14-017

Tiny, Ontario · No. 14-017 · summary & facts

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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