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THE CORPORATION OF THE
TOWNSHIP OF WAINFLEET
BY-LAW NO. 059-2000
Being a by-law for prescribing standards for the maintenance and
occupancy of all property within the Township of Wainfleet and
prohibiting the use of any property that does not conform to the
standards and requiring such properties to be repaired,
maintained or cleared of buildings, structures, debris or refuse.
WHEREAS the Building Code Act, Sect. 15.1.(3), R.S.O. 1992, ch. 23, provides that a
by-law may be passed by the council of a municipality which has an official plan in place that
includes provisions relating to property conditions to prescribe standards for the maintenance
and occupancy of property within the Township of Wainfleet, to prohibit the occupancy or use
of property that does not conform with the standards and to require property that does not
conform with the standards to 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;
AND WHEREAS there is such an Official Plan in effect in the Township of Wainfleet;
AND WHEREAS the Council of the Corporation of the Township of Wainfleet deems it
necessary to pass such a by-law;
NOW THEREFORE the Council of the Corporation of the Township of Wainfleet
HEREBY ENACTS AS FOLLOWS:
SECTION 1: GENERAL PROVISIONS
1.1
Short Title
1.1.1
This by-law shall be known as the "Property Standards By-Law"
1.2
Definitions
In this by-law:
1.2.1
"Accessory", when used to describe a use, a building or a structure, means a
use, a building or a structure that is incidental, subordinate and exclusively
devoted to a main use, a building or a structure, located on the same lot
therewith and which is not used or intended for use as a human habitation.
1.2.2
"Balustrade" means a protective barrier that acts as a guard around openings
in floors or at the open sides of stairs, landings, balconies, mezzanines,
galleries, raised walkways, or other locations to prevent accidental falls from
one level to another; such barrier may or may not have openings through it.
Bylaw No. 059-2000
Page 2
1.2.3
"Basement" means that portion of a building between two floor levels, with a
minimum height of six feet four inches, which is partly underground, but which
has at least one-half of its height from finished floor to finished ceiling above the
average level of the adjoining ground.
1.2.4
"Bathroom" means a room containing at least a toilet, hand basin or lavatory
and bathtub or shower, or two rooms, which contain in total at least one toilet,
hand basin or lavatory and one bathtub or shower.
1.2.5
"Bedroom" means a habitable room used for sleeping purposes.
1.2.6
"Boarder" shall mean a person who is provided with meals or room and meals,
regularly for pay.
1.2.7
"Boarding House" shall mean a house where meals or lodging and meals are
provided for pay.
1.2.8
"Cellar" means that portion of a building between two floor levels with a
minimum height of 1.93 m (6'-4"), which is partially or completely underground
and which has more than one-half of its height from floor to ceiling below
finished grade.
1.2.9
"Committee" means the committee as defined by the Building Code Act,
R.S.O. 1992, ch. 23.
1.2.10
"Corporation" means the Corporation of the Township of Wainfleet
1.2.11
"Crawlspace" means that portion of a building between two floor levels, or
between a floor level and the ground, with a height of less than 1.93 m (6'-4")
1.2.12
"Dwelling" means a building or structure, any part of which is used or intended
to be used for the purposes of human habitation and includes a building that
would be used or would be intended to be used for such purposes except for its
state of disrepair.
1.2.13
"Dwelling Unit" means one or more rooms connected together as a separate
unit in the same structure and constituting an independent housekeeping unit
for residential occupancy by human beings, for living and sleeping purposes.
1.2.14
"Fire Resistance Rating" means time in hours or parts thereof that a material,
construction or assembly will withstand fire exposure, as determined in a fire
test made in conformity with generally accepted standards as stated in the
Ontario Building Code.
1.2.15
"Habitable Room" means any room in a dwelling unit used or intended to be
used for living, sleeping, cooking or eating purposes, with a minimum height of
1.93 m (6'-4") except as hereinafter expressly provided.
Bylaw No. 059-2000
Page 3
1.2.16
"Lodging House" or "Rooming House" shall mean any house or other
building or portion thereof in which persons are harboured, received or lodged
for hire, but does not include a hotel, hospital, home for the young or the aged,
or institution, provided the hotel, hospital, home or institution is licensed,
approved or supervised under any general or specific Act.
1.2.17
"Medical Officer of Health" means the Medical Officer of Health for the
Regional Municipality of Niagara.
1.2.18
"Multiple Attached Dwelling" means a building that is divided vertically into
more than two dwelling units, each of which has an independent entrance and
shall include terrace housing and row housing.
1.2.19
"Multiple Dwelling" means a building containing three or more dwelling units.
1.2.20
"Naturalized area" means a portion of a lot where a lawn or perennial garden
previously maintained by the owner which has been allowed to re-establish a
reproducing population of native species, through a combination of natural
regeneration and deliberate plantings of species or other species to emulate a
natural area;(Amended by Bylaw 021-2012)
1.2.21
"Non-habitable Room" means any room in a dwelling or dwelling unit other
than a habitable room and includes any bathroom, toilet room, laundry, pantry,
lobby, communicating corridor, stairway, closet, crawlspace, boiler room or
other space for service and maintenance of the dwelling or for public use, or for
access, or for vertical travel between storeys.
1.2.22
"Occupant" means an occupant as defined by the Building Code Act, R.S.O.
1992, ch.23.
1.2.23
"Officer" means an officer as defined by the Building Code Act, R.S.O. 1992,
ch.23.
1.2.24
"Owner" means an owner as defined by the Building Code Act, R.S.O. 1992,
ch.23.
1.2.25
"Person" means and includes an individual, firm and corporation.
1.2.26
"Property" means property as defined by the Building Code Act, R.S.O. 1992,
ch.23.
1.2.27
"Repair" means repair as defined by the Building Code Act, R.S.O. 1992,
ch.23.
1.2.28
"Roomer" or "Lodger" shall mean a person harboured, received or lodged in a
lodging house in return for compensation.
1.2.29
"Semi-detached Dwelling" means a building vertically divided into two
separate dwelling units, each of which has an independent entrance.
Bylaw No. 059-2000
Page 4
1.2.30
"Toilet Room" means a room containing a water closet or toilet.
1.2.31
"Vehicle" means a motor vehicle, trailer, boat, motorized snow vehicle and any
mechanical equipment drawn, propelled or driven by any kind of power
including muscular power.
1.2.32
"Yard" means land appurtenant to a building or structure and used or intended
to be used or capable of being used in connection therewith.
1.3
Interpretation
1.3.1
In this by-law, "property", as defined in Section 1.2.25, is further divided into
the following classes:
(a)
"non-residential property" which means property other than
residential property and vacant land;
(b)
"residential property" which means property which is occupied or
capable of being occupied in whole or in part for the purposes of human
habitation; and
(c)
"vacant land" which means property on which there are no buildings of
any kind.
1.3.2
In this by-law, statutory references are to statutes of Ontario and the
regulations made thereunder and shall be deemed to refer to such
statutes and regulations as amended, consolidated, re-enacted and in
force from time to time.
1.3.3
In this by-law, the word "section" may be applied to any numbered or lettered
provision of this by-law and shall, as the context may require, mean and
include:
(a)
an entire section including all its subsections;
(b)
a particular subsection of a section; or
(c)
a particular sub-clause or subdivision of a subsection.
1.3.4
This by-law shall be read with all changes of gender and number required by
the context or circumstances.
1.4
Application
1.4.1
The property standards set forth in Section 2 of this by-law are hereby
prescribed as minimum standards for the maintenance and occupancy of all
residential property in the Township of Wainfleet.
1.4.2
The property standards set forth in Section 3 of this by-law are hereby
prescribed as minimum standards for the maintenance and occupancy of all
non-residential property in the Township of Wainfleet.
Bylaw No. 059-2000
Page 5
1.4.3
The property standards set forth in Section 4 of this by-law are hereby
prescribed as the minimum standards for the maintenance of all vacant land
in the Township of Wainfleet.
1.4.4
Every owner of property situated within the Township of Wainfleet shall
maintain such property to the applicable minimum standards prescribed by
this by-law.
1.4.5
Where, because of non-conformity to the applicable standards, or any of them,
prescribed by this by-law, the occupancy or use of any property in the
Township of Wainfleet is, in the opinion of the officer, hazardous to the
occupants or the public, such occupancy or use is prohibited until the property
is brought into conformity with the applicable standards.
1.4.6
Where any property within the Township of Wainfleet does not conform to the
applicable standards set forth in this by-law, or any of them, the owner of such
property shall:
(a)
repair and thereafter maintain such property to conform to such
standards; or
(b)
where conformity to such standards cannot be effected by repairs,
clear the site of all buildings, structures, debris and refuse, and leave
such site in a graded and levelled condition.
1.4.7
All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned. All new construction or repairs shall conform to the Ontario
Building Code and is subject to the applicable permits.
SECTION 2: RESIDENTIAL PROPERTY STANDARDS
2.1
Pest Prevention
2.1.1
Dwellings shall be kept free of rodents, vermin and insects. Methods used for
exterminating rodents, vermin or insects shall be in accordance with the
provisions of the Environmental Protection Act and the Pesticides Act.
2.1.2
Basement or cellar windows used or required for ventilation, and every other
opening in a basement, cellar or crawlspace which might permit the entry of
rodents, vermin and insects, shall be screened with wire mesh or such other
material as will effectively exclude the same.
2.2
Foundations
2.2.1
Foundation walls and basement, cellar and crawlspace floors of a dwelling
shall be maintained in good repair and structurally sound condition, so as to
prevent dangerous settlement or entrance of moisture, rodents, vermin and
insects. Without restricting the generality of this section, maintenance shall
Bylaw No. 059-2000
Page 6
include shoring of foundations, installing subsoil drains and footings, grouting
masonry cracks and waterproofing of walls and floors.
2.2.2
Basements and cellars served by a stairway leading from within or from
outside a dwelling shall have a concrete floor. When required for drainage,
floor drains shall be located at the lowest point of the floor connected to the
sewerage system.
2.3
Structural Soundness
2.3.1
Every part of a dwelling shall be maintained in a structurally sound condition
so as to be capable of sustaining safely its own weight and any additional load
to which it normally may be subject.
2.3.2
Materials, which have been damaged or show evidence of dry rot or
deterioration shall be repaired or replaced in a workmanlike manner.
2.4
Maintenance
2.4.1
Every floor, exterior wall, roof and porch of a dwelling shall be so maintained
as to prevent collapse or injury to the occupants or to the public.
2.5
Exterior Surfaces
2.5.1
Exterior walls of a dwelling and their components shall be maintained to
prevent their deterioration due to weather and insects, where necessary by
painting, restoring and repairing walls, coping and flashing, waterproofing of
joints and installation and repair of termite shields.
2.5.2
Exterior parts of a dwelling shall be kept free of objects or materials improperly
secured. Such objects or material shall be removed, properly secured or
replaced.
2.6
Roofs
2.6.1
Roofs of dwellings shall be maintained in a watertight condition to prevent
leakage of water into the dwelling, where necessary by the repair of roofs and
flashing and application of waterproofed coatings or coverings.
2.6.2
Eavestrough and downspouts or equivalent roof drains shall be installed. The
roof drainage shall be discharged into a storm drainage system when permitted
or, the roof drainage shall be discharged onto the ground away from the
building onto the lands, and providing that it does not adversely affect adjacent
properties.
2.7
Dampness
2.7.1
Floors, ceilings and walls of every dwelling shall be kept free of moisture,
dampness and fungus growths.
Bylaw No. 059-2000
Page 7
2.8
Weatherproofing
2.8.1
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind and rain into
the dwelling. Rotted or damaged doors, door frames, window frames, sashes
and casings shall be renewed. Missing or defective door and window
hardware, weatherstripping and broken window glass shall be replaced.
2.9
Inside and Outside Stairs
2.9.1
Every inside or outside stair, porch, balcony or landing actually in use or
available for use shall be maintained in good repair so as to be free of holes,
cracks or other defects constituting possible accident hazards. All treads or
risers that show excessive wear or are broken, warped or loose and all
supporting structural members that are rotted or deteriorated shall be repaired
or replaced.
2.9.2
Every stairwell or open stairway with three or more risers leading to a higher
storey or to a basement and every porch, balcony, landing, raised floor,
mezzanine, gallery, bridge, exterior passageway, or other location more than
twenty-four inches above an adjacent surface, shall be equipped with hand rails
or balustrades, maintained in good repair so as to provide adequate
protection against accident or injury.
2.10
Walls and Ceilings
2.10.1
Every wall and ceiling in a dwelling unit shall be maintained so as to be easily
cleaned and shall be maintained in good repair with respect to fire safety, that
is, free of holes, cracks, loose covering or other defects which would permit
flame, excessive heat or water to enter a concealed space.
2.10.2
Interior finish materials for acoustical correction, surface insulation, decorative
treatment on the surface of walls and ceilings and interior trim shall be of
material that will not, in burning, give off excessive amounts of smoke or
objectionable gases injurious to health.
2.10.3
Walls around a bathtub or shower shall be so maintained as to be water
resistant and readily cleaned.
2.11
Doors
2.11.1
Existing doors and frames shall be maintained in a sound operating condition.
2.11.2
At least one entrance door in every dwelling unit shall be capable of being
locked from both inside and outside but readily openable from the inside without
the use of keys.
2.11.3
New doors shall comply with the requirements of the Ontario Building Code.
Bylaw No. 059-2000
Page 8
2.12
Floors
2.12.1
Crawlspaces shall have a floor or ground cover in compliance with the Ontario
Building Code.
2.12.2
Every floor in a dwelling shall be smooth and level and shall be maintained in
good repair, free of all loose, warped, broken or rotted boards, protruding,
damaged or deteriorating surfaces, surfaces in a dangerous condition, or
surfaces that might admit rodents. All defective floor boards shall be repaired
or replaced.
2.12.3
Where floor boards have been covered with linoleum or some other covering
that has become worn or torn so that it retains dirt, or may cause accident, the
linoleum or other covering shall be repaired, replaced or removed.
2.12.4
The floor of every bathroom shower and toilet room shall be so maintained as
to be water resistant and readily cleaned.
2.13
General Cleanliness
2.13.1
Every floor, wall, ceiling, furnishing and fixture in a dwelling shall be
maintained in a sanitary condition, and the dwelling shall be kept free from
rubbish and debris.
2.14
Storage Space
2.14.1
Every dwelling unit shall be provided with space for the storage of linen and
clothes. This may include free standing wardrobes and/or satisfactory hook
racks.
2.14.2
Every dwelling unit shall be provided with space for general storage. In a
multiple dwelling such space may be in a communal general storage area.
2.15
Access to Enclosed Space
2.15.1
An access opening of at least 550 mm (22") by 700 mm (2'-4") shall be
provided to every crawlspace or other enclosed space, and to every attic and
roof space exceeding 600 mm (2-'0") in height.
2.16
Water
2.16.1
Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
2.16.2
Every sink, wash basin, bathtub or shower, required by this by-law shall have
an adequate supply of hot and cold running water.
Bylaw No. 059-2000
Page 9
2.16.3
Every water heater installed for the purpose of supplying hot running water to
the occupants of a dwelling unit shall be capable of heating water to a
temperature of 49 degrees Celsius (120 degrees Fahrenheit).
2.17
Sewerage System
2.17.1
Every plumbing fixture in every dwelling shall discharge the water, liquids or
sewage into drainage piping, which shall be connected to a sewerage system.
2.18
Plumbing
2.18.1
All plumbing, drain pipes, water pipes and plumbing fixtures in every dwelling
and every connecting line to the sewerage system shall be maintained in good
repair, free from leaks and defects and all water pipes and appurtenances
thereto shall be protected from freezing.
2.18.2
All plumbing, plumbing fixtures and piping shall conform to the Ontario
Building Code.
2.19
Toilet, Kitchen and Bathroom Facilities
2.19.1
Every dwelling unit (except as otherwise provided in sections 2.19.2 and
2.19.3) shall contain plumbing fixtures consisting of at least one of each of the
following:
(a)
a toilet or water closet;
(b)
a kitchen sink;
(c)
a bathtub or shower and;
(d)
hand basin.
2.19.2
The occupants of not more than two legal non-conforming dwelling units, as
defined in the applicable area zoning by-law, may share a single bathroom
provided:
(a)
a total of not more than ten persons occupy the dwelling units, and;
(b)
access to the bathroom can be gained without passing through;
(i)
a habitable room of another dwelling unit, or
(ii)
an open area, which is not normally heated during the season in
which heat is required.
2.19.3
Where a dwelling unit contains rooms intended to be used in conjunction with
a rooming or lodging house, the occupants may share a single bathroom
provided that:
(a)
a total of not more than ten persons occupy the dwelling units, and
(b)
for each additional ten persons or part thereof, there shall be an
additional toilet and bathtub or shower, and
(c)
access to the bathroom can be gained without passing through
(i)
a habitable room of another dwelling unit, or
(ii)
an open area, which is not normally heated during the season in
which heat is required.
Bylaw No. 059-2000
Page 10
2.19.4
All bathrooms and toilet rooms shall be located within and accessible from
within the dwelling.
2.19.5
All bathrooms and toilet rooms shall be fully enclosed so as to provide
privacy for the occupant.
2.19.6
No toilet or urinal shall be located within a room that is used for:
(a)
the preparation, cooking, storing or consumption of food, or;
(b)
sleeping purposes.
2.20
Kitchen Facilities
2.20.1
A cooking space with an adequate and approved heat supply shall be provided
for each dwelling unit.
2.20.2
There shall be a clear space above any exposed cooking surface of a cooking
apparatus at least 600 mm (2'-0") high. The cooking apparatus shall conform
to the appropriate provincial regulations governing the type of fuel being used.
2.21
Heating System
2.21.1
Every dwelling shall be provided with a heating system capable of continuously
maintaining a room temperature under all conditions, of 21 degrees C. (70
degrees F.) in all habitable rooms, bathrooms and toilet rooms, (unless
otherwise permitted by the Medical Officer of Health), between the 15th day
of September in each year and the 31st day of May of the following year.
2.21.2
The heating system required by Section 2.21.1 shall be maintained in good
working condition so as to be capable of heating the dwelling safely to the
required standard.
2.21.3
No room heater shall be placed:
(a)
so as to constitute a fire hazard to walls, curtains or furniture;
(b)
so as to impede free movement of persons in the room; or;
(c)
in such location that nearby combustible materials or structural
members exceed a safe temperature.
2.21.4
All heating and cooking apparatus or equipment involving combustion shall be
properly connected, by rigid and permanently sealed connections:
(a)
to a chimney or flue which provides sufficient outlet for the escape of all
noxious gases; and
(b)
to the supply line.
2.21.5
Solid fuel-fired barbecues shall not be used within a multiple dwelling, nor on
the balconies thereof.
Bylaw No. 059-2000
Page 11
2.22
Furnace Room - Air Supply and Fuel Storage
2.22.1
In multiple dwellings with a common central heating system, such system
shall be located in a separate room, having floors, walls, ceiling and doors with
a fire resistance rating of not less than one hour. The room shall not be used
for the storage of fuels or any other material and shall be kept clear of all debris
and rubbish.
2.22.1.1
Notwithstanding Section 2.22.1, where any part of a basement or cellar
of a multiple dwelling is used as a habitable room, such habitable room
shall be separated:
(a)
from a common central heating system and water heating system by a
fire separation having a fire resistance rating of at least one hour; and
(b)
from an incinerator by a fire separation having a fire resistance rating
of at least two hours.
2.22.2
A space that contains a heating unit shall have natural or mechanical means of
supplying air by ventilation duct from out of doors in such quantities as to
provide adequate combustion.
2.22.3
Where a heating system, or part of it, or any auxiliary heating system, burns
solid or liquid fuel, a space or receptacle for the storage of the fuel shall be
provided and maintained in a convenient location and properly constructed so
as to be free from fire or accident hazards.
2.22.4
Fire dampers, where required, shall be installed and maintained in compliance
with the Ontario Building Code.
2.23
Chimneys
2.23.1
Any mechanism or structure used in the process of burning fuel or combustible
material shall be properly vented to the outside air by means of a smoke pipe,
vent pipe or similar adequate chimney subject to Section 2.21.4.
2.23.2
Every chimney, smoke pipe, flue and gas vent actually in use or available for
use on a dwelling, shall be maintained so as to prevent the escape of gases
into the dwelling. Without limiting the generality of the foregoing, maintenance
shall include keeping all open joints sealed, and repairing all broken and loose
masonry. Every chimney, smoke pipe, flue and gas vent on a dwelling shall
be installed and maintained so that under all conditions of use, the temperature
of any combustible material adjacent thereto, insulated therefrom, or in contact
therewith, does not exceed a safe temperature.
2.23.3
Every chimney, smoke pipe, flue and gas vent actually in use or available for
use shall be kept clear of obstruction.
2.24
Fireplaces
2.24.1
Fireplaces and similar installations used or intended to be used for burning
fuels in open fires, shall be connected to approved chimneys, smoke pipes,
Bylaw No. 059-2000
Page 12
flues and gas vents, and shall be installed so that nearby adjacent combustible
material and structural members shall not be heated beyond a safe
temperature.
2.25
Electrical Service Installation
2.25.1
Electrical wiring conduit and electrical services in every dwelling shall be in
compliance with and maintained according to the regulations made by Ontario
Hydro pursuant to the Power Commission Act, and lighting equipment shall be
installed throughout the dwelling so as to provide adequate illumination for
intended use of each space.
2.25.2
Fuses or overload devices shall not exceed limits set by Ontario Hydro.
2.25.3
In every dwelling, an adequate and safe illuminating device shall be installed in
every bathroom, toilet room, laundry room, furnace room and kitchen.
2.25.4
All common halls and stairs in multiple dwellings shall be continuously lighted
by a minimum of ten foot candles of light.
2.26
Ventilation
2.26.1
Every habitable room other than a living room or a dining room, shall have an
opening or openings for natural ventilation, and such opening or openings shall
have a minimum aggregate unobstructed free flow area conforming to the
Ontario Building Code, and shall be located in the exterior walls or through
skylight openings of roof ventilators. Openings shall be adequately screened to
prevent the entry of insects.
2.26.2
An opening for natural ventilation may be omitted if mechanical ventilation is
provided which changes air once each hour.
2.26.3
Every bathroom or room containing a toilet or urinal shall be provided with an
opening or openings for natural ventilation located in an exterior wall or through
skylight openings. All such openings shall have a minimum aggregate,
unobstructed free flow conforming to the Ontario Building Code. Openings
shall be adequately screened to prevent the entry of insects, vermin and
rodents.
2.26.4
An opening for natural ventilation may be omitted from a bathroom or room
containing a toilet or urinal, where a system of mechanical ventilation has been
provided such as an exhaust fan with a duct leading to outside the building.
2.26.5
All systems of mechanical ventilation shall be maintained in good repair.
2.26.6
Every basement, cellar or crawlspace shall be vented to the outside air by
means of screen windows which can be opened, or by louvers with screen
openings, the area of which shall not be less than 900 cm2 (1 sq. ft.) for every
46 m2 (500 sq. ft.) of enclosed area.
Bylaw No. 059-2000
Page 13
2.26.7
Every insulated enclosed attic or roof space shall be vented by openings to the
exterior in conformance with the Ontario Building Code. Vents may be of roof,
eave or gable end type or any combination thereof.
2.27
Maintenance of Yards
2.27.1
In this section "unsightly object" shall mean and include any of the following:
used lumber, used building materials, rubble, trash, brush, discarded furniture,
disused household equipment and appliances, ashes, waste paper and
inoperative or derelict motor vehicles, trucks and trailers; disused machinery,
machinery parts and automotive parts and any other rubbish, debris, object or
condition which might constitute a health or accident hazard.
2.27.1.1
In Sections 2.27.1 and 2.27.2 the words "inoperative or derelict motor
vehicles" mean and include any motor vehicle other than a motor vehicle, which
is currently licensed, and operable and regularly driven by an owner or
occupant of the property on which it is stored.
2.27.2
Notwithstanding Section 2.27.1, used lumber, used building materials,
inoperative or derelict motor vehicles, trucks and trailers; disused machinery,
machinery parts and automotive parts shall be deemed not to be unsightly
objects if:
(a)
kept or stored on a farm;
(b)
used for replacement parts in the farm operations; and
(c)
where located within 153 m (500') from any neighbouring residential
dwelling, are adequately screened by fencing or landscaping from such
dwelling.
2.27.3
No unsightly object shall be stored or maintained outside in any front, side or
rear yard.
2.27.4
All yards shall be kept free from excessive growth of weeds and grasses.
Noxious weeds, as defined under the Weed Control Act, shall be eliminated
from all yards.
2.28
Drainage
2.28.1
All yards shall be provided and maintained with adequate surface water
drainage, including suitable provisions for its disposal without causing erosion,
so as to prevent recurrent ponding or the entrance of water into a basement or
cellar.
2.28.2
Sewage shall be discharged into the sewerage system as provided in Section
2.17.1. Sewage of any kind shall not be discharged onto the surface of the
ground whether into a natural or artificial surface drainage system or otherwise.
2.29
Walks
2.29.1
A hard surfaced walk shall be provided from every dwelling unit to the street,
or to a hard surfaced driveway that connects to the street.
Bylaw No. 059-2000
Page 14
2.29.2
Steps, walks, driveways, parking spaces and similar areas of the yard shall be
maintained so as to afford safe passage under normal use and weather
conditions.
2.30
Fences and Accessory Buildings
2.30.1
Accessory buildings and all fences shall be kept in good repair and free from
health or accident hazards and shall be protected by paint, preservative or other
weather resistant material.
2.30.2
Where an accessory building or a yard is found to harbour noxious insects or
rodents, all necessary steps shall be taken to eliminate such insects or rodents,
and to prevent their recurrence.
2.30.3
Every accessory building or fence not maintained in accordance with these
standards, shall be repaired or removed.
2.31
Garbage Disposal
2.31.1
Every dwelling and every dwelling unit within the dwelling shall be provided
with sufficient receptacles for all garbage, rubbish and ashes.
2.31.2
All household garbage and other refuse shall be stored in a sanitary manner in
plastic bags or other containers and made available for removal and shall not
be permitted to accumulate and remain on the premises to an extent or for a
length of time which might constitute a health or accident hazard.
2.31.3
Outside receptacles shall be:
(a)
made of water-tight construction;
(b)
provided with a cover adequate to prevent the escape of garbage,
refuse and debris; and
(c)
maintained in a clean state.
2.32
Occupancy Standards
2.32.1
The maximum number of occupants in a dwelling unit shall not exceed one
person per 10 m2 (107 sq. ft.) of habitable room floor area.
2.32.2
For the purpose of computing habitable room floor area, the floor area under a
ceiling which is less than 1.93 m (6'-4") high shall not be counted unless there
is a sloping ceiling, in which case the habitable room floor area shall be
calculated in accordance with the Ontario Building Code.
2.32.3
A hallway shall not be used as a bedroom, nor counted as a habitable room.
Bylaw No. 059-2000
Page 15
2.32.4
Every room in a dwelling used as a bedroom shall have:
(a)
a minimum width of 2 m (6'-6");
(b)
a minimum floor area shall be calculated in accordance with Section
2.32.2 and shall conform to the Ontario Building Code; and
(c)
a ceiling height of 1.93 m (6'-4") over at least one-half the required
minimum floor area.
2.32.5
A non-habitable room shall not be used as a habitable room.
2.32.6
In multiple dwellings, each habitable room shall be separated from the
common central heating system, water heating system and incinerator by a fire
separation having a fire resistance rating of at least one hour, subject to
Section 2.22.1.1.
2.33
Protective Guards in Multiple Dwellings exceeding Three Storeys in
Building Height
2.33.1
Guards providing adequate protection against accident or injury shall be
provided and maintained in good repair for all unprotected openings and open
spaces in multiple dwellings exceeding three storeys in building height in the
following locations:
(1)
Around every roof to which access is provided for other than
maintenance;
(2)
Around every raised floor, mezzanine, balcony, gallery, bridge, exterior
passageway or other location when the difference in elevation between
floor levels or between floor and ground levels is greater than 600 mm
(24");
(3)
Around every open side of a landing in a public stairway;
(4)
Across every window or glass panel in an exit stairway, public hallway or
corridor or any area accessible to the public that extends to less than
1070 mm (42") above the stairs, landing or floor; and
(5)
Across any window located more than 1.83 m (6'-0") above the ground
level and that extends within 760 mm (30") of the floor unless such
window has fixed glazing.
2.33.2
In lieu of the protective guard specified in Section 2.33.1, opening windows
within a dwelling unit may be equipped with latching or automatic engaging
devices to control the window openings and screens, provided that such
windows and devices are manufactured to the appropriate specifications set
forth in the Ontario Building Code.
Bylaw No. 059-2000
Page 16
SECTION 3: NON-RESIDENTIAL PROPERTY STANDARDS
3.1
Maintenance of Yards
3.1.1
All yards shall be kept clean and free from rubbish or other debris, and from
objects or conditions that might create a health or accident hazard.
3.1.2
All yards shall be kept free from excessive growth of weeds and grasses.
Noxious weeds as defined under the Weed Control Act shall be eliminated from
all yards.
3.1.3
No vehicle which is in a wrecked, discarded, dismantled or inoperative
condition, and no mechanical equipment, automotive and mechanical parts
shall be parked, stored or left in the yard unless such vehicles, mechanical
equipment, automotive and mechanical parts are required for business
purposes as part of a business lawfully carried on.
3.1.4
Steps, walks, driveways, parking spaces and similar areas of the yard shall
have a stable, dust-free surface and shall be maintained so as to afford safe
passage under normal use and weather conditions.
3.1.5
Lawns, hedges and bushes shall:
(a)
be kept trimmed, and;
(b)
not be overgrown or unsightly.
3.1.6.
Not withstanding Articles 3.1.2. and 3.1.5, naturalized areas are permitted
provided that vegetation other than trees or shrubbery are so maintained that
its height is maintained below 200 mm (8 in.) along a minimum 3 m (10 ft), or
as otherwise prescribed by the Chief Building Official, buffer area immediately
adjacent to the lot lines and along all boundaries of the whole lot or parcel of
land, unless abutting a Naturalized area on a neighbouring property.
Naturalized areas containing Noxious Weeds as defined under the Weed
Control Act shall be eliminated and Naturalized areas are to comply with the
remaining articles of this bylaw. (Amended by Bylaw 021-2012)
3.1.7
Yards shall be cultivated or protected by suitable ground cover which prevents
the erosion of the soil.
3.2
Sewage and Drainage
3.2.1
Sewage or organic waste shall be discharged into a sewerage system.
3.2.2
Rain water from a roof having an area of 46 m2 (500 sq. ft.) or more shall be
conveyed to a storm sewer or, if such storm sewer is not available, shall be
disposed of in such manner as not to create a nuisance.
3.2.3
Storm water shall be drained from a yard so as to prevent recurrent ponding or
the entrance of water into a basement or cellar.
Bylaw No. 059-2000
Page 17
3.2.4
Roof drainage or surface water shall:
(a)
be drained from the lands so as to prevent recurrent ponding or
entrance of water into a basement or cellar, and;
(b)
not be channelled to discharge on sidewalks, stairs, or neighbouring
property.
3.2.5
Sub-surface drainage shall be installed where there is recurring excessive
ponding caused by surface water.
3.3
Accessory Buildings
3.3.1
An accessory building shall be kept:
(a)
in good repair;
(b)
free from health and accident hazards, and;
(c)
protected by paint, preservative or other weather- resistant material.
3.4
Fences
3.4.1
A fence or retaining wall shall be:
(a)
installed around the parking area of drive-in eating establishments
except at the private approaches, and;
(b)
constructed in such a manner as to prevent cartons, wrappers, paper,
rubbish and debris from blowing onto adjoining property.
3.4.2
All fences around or on non-residential property shall be:
(a)
kept in good repair;
(b)
free from accident hazards; and
(c)
protected by paint, preservative or other weather-resistant material.
3.5
Signs
3.5.1
All signs and billboards shall be maintained in good repair. Any signs which
are excessively weathered or faded, and those upon which the paint has
excessively peeled or cracked shall, with their supporting members, be
removed or put into a good state of repair.
3.6
Garbage Disposal
3.6.1
Every building shall be provided with sufficient receptacles to contain all
garbage, rubbish, ashes and trade waste.
3.6.2
Receptacles shall be acceptable plastic bags or other containers that are:
(a)
made of water-tight construction;
(b)
provided with a tight-fitting cover; and
(c)
maintained in a clean state.
3.6.3
Plastic bags shall not be stored outdoors unless protected from damage.
Bylaw No. 059-2000
Page 18
3.6.4
Every building shall be provided with rodent-proof storage space for garbage
and trade waste.
3.6.5
Containers shall be made available for the disposal of refuse which may be
discarded by customers and yards shall be kept free of such refuse.
3.7
Pest Prevention
3.7.1
Property shall be kept free of rodents, vermin and insects at all times and
methods used for exterminating rodents or insects or both shall be in
accordance with the provisions of the Pesticides Act.
3.7.2
A basement or cellar window used or required for ventilation and any other
opening in a basement or cellar, including a floor drain that may permit the
entry of rodents, shall be screened with wire mesh, metal grill or other durable
material as will effectively exclude rodents.
3.8
Basement Floors
3.8.1
Any basement, cellar or crawlspace not served by a stairway leading from the
building or from outside the building may have a dirt floor provided it is covered
with a moisture-proof covering.
3.8.2
Basements and cellars which are served by a stairway leading from the
building or from outside the building shall have a concrete floor and, where
required, with a floor drain located at the lowest point of said floor and
connected to a sewerage system.
3.8.3
A concrete floor in a basement or cellar shall be free from major cracks,
breaks or other hazardous conditions.
3.9
Foundations
3.9.1
Foundation walls shall be maintained in good repair and structurally sound and
when required shall be so maintained by shoring of the walls, installing subsoil
drains at the footing, grouting masonry cracks, parging and waterproofing.
3.9.2
Every building, unless of the slab-on-grade type, shall be supported by
foundation walls or piers which extend below the frost line or to solid rock.
3.9.3
All footings, foundation walls, piers, and slabs-on-grade shall be of masonry or
other suitable material.
3.9.4
Subsections 3.9.2 and 3.9.3 do not apply to accessory buildings.
3.10
Structural Soundness
3.10.1
Every part of a building shall be maintained in a structurally sound condition so
as to be capable of sustaining safely its own weight and any load to which it
may be subject.
Bylaw No. 059-2000
Page 19
3.10.2
Materials or objects which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
3.11
Exterior Surfaces
3.11.1
All exterior surfaces shall be of materials which by themselves or when treated
provide adequate protection from the weather.
3.11.2
Exterior walls and their components shall be maintained so as to prevent their
deterioration due to weather or insects, and shall be so maintained by:
(a)
painting, restoring or repairing of walls, coping or flashing, and;
(b)
waterproofing of joints and of the walls themselves.
3.11.3
All canopies, marquees, signs, awnings, stairways, fire escapes, stand pipes,
exhaust ducts and similar overhead extensions shall be:
(a)
maintained in good repair;
(b)
properly anchored, and;
(c)
protected from the elements and against decay and rust by the periodic
application of a weather coating material such as paint or other
protective treatment.
3.11.4
All air conditioners which are installed and operated directly over a public
sidewalk shall be equipped with proper devices for the prevention of
condensation drainage upon the sidewalk.
3.11.5
All air conditioners shall be maintained in a safe mechanical and electrical
condition.
3.12
Roofs
3.12.1
Roofs, cornices and flashing shall be maintained in a watertight condition so as
to prevent leakage of water into the building.
3.13
Dampness
3.13.1
Interior floors, ceilings and walls shall be kept free from dampness arising from
the entrance of moisture through an exterior wall or a roof, or through a cellar,
basement or crawlspace floor.
3.14
Doors and Windows
3.14.1
All exterior openings for doors and windows shall be fitted with doors or
windows.
3.14.2
Windows, exterior doors and basement or cellar hatchways shall be
maintained in good repair so as to prevent the entrance of wind or rain into the
building.
Bylaw No. 059-2000
Page 20
3.14.3
Doors, door frames, window frames, sashes, casings and weatherstripping that
have been damaged or show evidence of rot or other deterioration shall be
painted, repaired or replaced.
3.14.4
Broken glass and missing or defective door and window hardware shall be
repaired or replaced.
3.14.5
All windows intended to be opened and all exterior doors shall have hardware
capable of being locked or otherwise secured from inside the building, but
readily openable from inside without the use of keys.
3.15
Stairs, Porches and Balconies
3.15.1
Every inside or outside stair, porch, balcony or landing actually in use or
available for use shall be maintained in good repair so as to be free of holes,
cracks or other defects constituting possible accident hazards. All treads or
risers that show excessive wear or are broken, warped or loose, and all
supporting structural members that are rotted or deteriorated, shall be repaired
or replaced.
3.16
Balustrades and Handrails
3.16.1
Every stairwell or open stairway with three or more risers leading to a higher
storey or to a basement, and every porch, balcony, landing, raised floor,
mezzanine, gallery, bridge, exterior passageway, or other location more than
600 mm (24") above an adjacent surface, shall be equipped with hand rails or
balustrades, maintained in good repair so as to provide adequate protection
against accident or injury.
3.17
Walls and Ceilings
3.17.1
Every wall and ceiling shall be:
(a)
maintained so as to be easily cleaned, and
(b)
free of holes, cracks, loose coverings or other defects.
3.17.2
Where occupancies are separated vertically, the dividing walls shall be as
required by the Ontario Building Code.
3.17.3
Where residential and non-residential occupancies are separated
horizontally, there shall be a finished ceiling separating these occupancies,
which shall be as required by the Ontario Building Code.
3.18
Floors
3.18.1
Every floor shall be smooth and level and maintained in good repair free of all
loose, warped, protruding, broken or rotted boards that may cause an accident
or allow dirt to accumulate.
Bylaw No. 059-2000
Page 21
3.18.2
Where floor boards have been covered with linoleum or some other covering
that has become worn or torn so that it retains dirt or may cause an accident,
such other covering shall be repaired, replaced or removed.
3.18.3
Every toilet room shall have a floor of water repellent construction.
3.19
Cleanliness
3.19.1
Every floor, wall, ceiling, fixture, appliance and equipment shall be maintained
in a clean and sanitary condition as is appropriate to the use which is being
made of the building.
3.19.2
The building shall be kept free from rubbish, debris or any condition which
constitutes a health or accident hazard.
3.20
Egress
3.20.1
There shall be provided two means of egress from every floor area, where in
the opinion of an officer, the existing exits are inadequate for the safety of every
person in the building.
3.20.2
All means of egress shall be:
(a)
maintained in good repair, and;
(b)
free of objects or conditions which constitute an accident or other
hazard.
3.21
Heating System
3.21.1
Where persons are employed in duties and operations in an enclosed space or
room within a building and not engaged in physical activity, the heating
equipment shall be capable of providing sufficient heat in every such space or
room to maintain a temperature of not less than 21 degrees Celsius (70
degrees Fahrenheit) during normal working hours.
3.21.2
The heating system required by subsection 3.21.1 shall be maintained in good
working condition so as to be capable of heating the building safely to the
required standard.
3.21.3
Auxiliary heaters shall not be used as a primary source of heat.
3.21.4
A room heater shall not be placed so as to:
(a)
cause a fire hazard to walls or any other equipment; or
(b)
impede the free movement of persons within the room where the heater
is located.
3.21.5
Where any heating system burns solid or liquid fuel, a place or receptacle for
the storage of the fuel shall be:
(a)
provided and maintained in a convenient location, and;
(b)
properly constructed so as to be free from fire or accident hazards.
Bylaw No. 059-2000
Page 22
3.21.6
An adequate supply of fuel shall be available at all times.
3.21.7
All equipment which burns fuels shall be properly vented by a connecting duct
or flue pipe leading to a chimney or a vent flue.
3.21.8
Where combustible materials are stored in a basement, the fuel-burning
heating system shall be enclosed.
3.21.9
Every chimney, smoke pipe, flue and vent shall be maintained so as to:
(a)
prevent gases from leaking into the building or property; and
(b)
be free of any defects.
3.21.10
A fuel burning central heating system in a mixed use building shall be located in
a separate room having walls, ceiling and doors with a fire resistance rating of
not less than one hour.
3.21.11
Subsection 3.21.10 does not apply where:
(a)
there is a fire separation between the dwelling unit and the non-
residential property having a fire resistance rating of one hour, or;
(b)
the dwelling unit and non-residential property are occupied by the
same tenant.
3.21.12
Where, in the opinion of the Officer, there exists a hazardous condition due to
storage in or use of space adjacent to a heating system, the furnace shall be
enclosed in accordance with the provisions of subsection 3.21.10 hereof.
3.21.13
The enclosure referred to in subsection 3.21.10 and 3.21.12 shall be vented to
provide sufficient combustion air for the heating equipment directly from the
outside air.
3.22
Plumbing
3.22.1
All plumbing, drain pipes, water pipes and plumbing fixtures in every building
and every connecting line to the sewerage system, shall be maintained in good
working order and free from leaks and defects.
3.22.2
All water pipes and appurtenances thereto shall be protected from freezing.
3.22.3
All waste pipes shall be connected to the sewerage system.
3.23
Toilet Room Facilities
3.23.1
Buildings where people work shall have a minimum of one water closet and one
wash basin supplied with an adequate supply of hot and cold running water
located in an enclosed room and accessible from within the building.
3.23.2
All toilet rooms shall be fully enclosed and with a door capable of being locked
so as to provide privacy for the user.
Bylaw No. 059-2000
Page 23
3.23.3
All toilet facilities and toilet rooms shall be kept clean and neat at all times.
3.23.4
Toilet room walls and ceilings shall be provided with a smooth surface and
where paint is used as the surface coating it shall be maintained and painted as
is necessary for cleanliness.
3.23.5
Every toilet room shall be provided with toilet paper, soap and individual towels
or other means of drying.
3.23.6
Every toilet room shall be provided with an opening or openings for natural
ventilation located in an exterior wall or through openable parts of skylights and
all such openings shall have a minimum aggregate unobstructed free flow area
of 900 cm2 (1 sq. ft.)
3.23.7
An opening for natural ventilation may be omitted from a toilet room where a
system of mechanical ventilation has been provided, such as an exhaust fan
with a duct leading to outside the building.
3.23.8
Where mechanical ventilation is used, the provisions of Section 3.26.3 apply.
3.24
Electrical Service
3.24.1
Fuses or overload devices shall not exceed limits set by Ontario Hydro.
3.24.2
Where, in the opinion of the Officer, a hazardous electrical condition exists,
extension cords which are not part of a fixture shall not be permitted on a semi-
permanent or permanent basis.
3.24.3
Electrical wiring and all electrical fixtures located or used in a building shall be
installed and maintained in good working order and in conformity with the
regulations of Ontario Hydro.
3.25
Light
3.25.1
Sufficient windows, skylights and electrical lighting fixtures shall be provided
and maintained in order to furnish illumination in all passageways and stairways
whenever the building is in use, and in all stairways provided for use in case of
fire or other emergency.
3.26
Ventilation
3.26.1
Every room where people work shall have an opening or openings for natural
ventilation, all of which openings shall:
(a)
have a minimum aggregate unobstructed free flow area of 0.28 m2 (3
sq. ft.), and
(b)
be located in the exterior walls or through openable parts of skylights.
3.26.2
An opening for ventilation may be omitted if mechanical ventilation is provided
Bylaw No. 059-2000
Page 24
which changes the air once each hour.
3.26.3
Where mechanical ventilation is used, the ventilating duct which is on the
exterior wall shall be located not less than 1.82 m (6') from a window located in
an adjoining building.
3.27
Basement, Cellar or Unheated Crawlspace
3.27.1
Every basement, cellar or unheated crawlspace shall be adequately vented to
the outside air by means of screened windows which can be opened or by
louvers with screened openings, the area of which shall not be less than one
percent of the floor area for basements and cellars, and 900 cm2 (1 sq. ft.) per
46 m2 (500 sq. ft.) of crawlspace area.
3.27.2
An opening for natural ventilation may be omitted from a basement, cellar or
unheated crawlspace where a system of mechanical ventilation has been
provided which changes the air once each hour.
SECTION 4: STANDARDS FOR VACANT LAND
4.1
Vacant Land
4.1.1
Vacant land shall be kept clean and free from rubbish or other debris, and
objects or conditions that may create a health or accident hazard.
4.1.2
Vacant land subject to recurrent ponding of storm water shall be properly
drained where such ponding constitutes or may constitute an environmental or
health hazard.
SECTION 5: ADMINISTRATION AND ENFORCEMENT
5.1
Inspections
5.1.1
The officer shall inspect a property:
(a)
upon formal request by the owner or an occupant;
(b)
when so directed by resolution of Council;
(c)
following a formal complaint given to the officer;
(d)
when non-compliance with the standards prescribed by this by-law is
evident to the officer from casual observation.
5.1.2
Where a complaint is given to the officer pursuant to Sect. 5.2.1 (c):
(a)
the officer may, if he deems the particulars of the complaint to be
insufficient evidence of non-compliance with this by-law, refuse to make
the requested inspection and shall so notify the complainant;
(b)
In no case shall the name of the complainant be divulged to the public,
except as may be required in a judicial proceeding.
Bylaw No. 059-2000
Page 25
5.2
Fees
5.2.1
The fee payable for a Certificate of Compliance issued at the request, in writing,
of the owner pursuant to Section 15.5 of the Building Code Act, R.S.O. 1992,
ch.23 shall be as set out in Schedule "A" to this by-law.
5.2.2
The fee payable by the owner for the Corporation to discharge an order
registered in the land registry office pursuant to Section 15.2(4) of the Building
Code Act, R.S.O. 1992, ch.23 shall be as set out in Schedule "A" to this by-law.
5.2.3
The fee payable by the owner to file a Notice of Appeal of an Order with the
Committee pursuant to Section 15.3(1) of the Building Code Act, R.S.O. 1992,
ch.23 shall be as set out in Schedule "A" to this by-law.
5.3
Prohibition of Occupancy in Order to Comply
5.3.1
Where use or occupancy of any property is hazardous as set forth in Section
1.4.5, the order issued pursuant to Section 15.2(2) of the Building Code Act,
R.S.O. 1992, ch.23, shall contain the following additional statement:
NOTE: Use or occupancy of this property is prohibited until this order has
been complied with.
5.4
Extensions of Time
5.4.1
The officer may grant extensions of time for compliance with any order issued
pursuant to Section 15.2(3) of the Building Code Act, R.S.O. 1992, ch.23
beyond the time limited in such order in any case where:
(a)
valid reasons exist in the Officer's opinion for the extension; and
(b)
apart from such reasons, the Officer is satisfied that the order will be
complied with.
5.5
Property Standards Committee
5.5.1
A property standards committee is hereby established, to be known as the
Property Standards Committee for the Township of Wainfleet.
5.5.2
The Committee shall be composed of three members, to be appointed by the
Council of the Corporation.
5.5.3
Members of the Committee shall hold office during the term of office of the
Council appointing them, and shall be eligible for re-appointment.
5.5.4
Members of the Committee shall be paid such compensation as the Council
may provide by resolution from time to time.
Bylaw No. 059-2000
Page 26
SECTION 6: PENALTIES
6.1
Every person who contravenes any of the provisions of this by-law is guilty of
an offence and liable upon conviction to a penalty as prescribed under the
Provincial Offences Act.
SECTION 7: BY-LAWS REPEALED
7.1
By-law No. 600(1979) and 1572-99 are hereby repealed.
BY-LAW READ A FIRST TIME THIS 19TH DAY OF DECEMBER 2000.
BY-LAW READ A SECOND TIME THIS 19TH DAY OF DECEMBER 2000.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 19TH DAY OF DECEMBER
2000.
________________________________
G. Harry, MAYOR
________________________________
A.C. Guiler, CLERK-TREASURER
SCHEDULE "A"
TO PROPERTY STANDARDS BY-LAW NO. 059-2000
ITEM
FEE
1.
Certificate of Compliance
$100.00
2.
Discharge an Order registered in the
$325.00
Land Registry Office (includes original
registration of Order)
3.
File a Notice of Appeal
$200.00