Policy No. PE-005: Property Standards

Wawa, Ontario

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The Corporation of the Municipality of Wawa Policy Manual POLICY TITLE: Property Standards SUBJECT: Govern and regulate the maintenance and occupancy of property POLICY NO. PE-005 EFFECTIVE DATE: May 18, 2021 ENACTED BY: By-Law No. 3395-21 Contents 1.0.0 Background ................................................................................................................................... 2 2.0.0 Policy Statement ........................................................................................................................... 2 3.0.0 Definitions ...................................................................................................................................... 2 4.0.0 Regulations ................................................................................................................................... 7 4.0.1 General Standards for all Property................................................................................................ 7 5.0.0 Residential Standards ................................................................................................................. 10 5.0.1 General Conditions ..................................................................................................................... 10 6.0.0 Non-Residential Property Standards .......................................................................................... 20 7.0.0 Vacant Lands and Buildings........................................................................................................ 22 8.0.0 Administration and Enforcement ................................................................................................. 24 9.0.0 Policy Adoption and Review Guidelines ..................................................................................... 27 10.0.0 References to Other Policies or By-laws .................................................................................... 27 APPENDICES/FORMS Notice of Violation ....................................................................................................................................... 28 Order to Remedy Violation of Standards of Maintenance and Occupancy (Issued) ................................. 30 Order to Remedy Violation of Standards of Maintenance and Occupancy (Not Issued) .......................... 32 Notice of Appeal to the Property Standards Committee ............................................................................ 34 Order to Comply .......................................................................................................................................... 35 Property Standards Complaint Form .......................................................................................................... 37 Tenant Complaint about Maintenance of Rental Units within the Municipality of Wawa ........................... 38 Letter of Acknowledgement......................................................................................................................... 41 Preliminary Inspection Work Order/Follow-Up ............................................................................................ 42 Referral ........................................................................................................................................................ 44 Particulars of Work Order to be Performed ................................................................................................. 48 Letter to Landlord - Issuance of Work Order............................................................................................... 50 Letter to Landlord - Compliance with Work Order ...................................................................................... 51 Letter to Landlord - Non-Compliance with Work Order .............................................................................. 52 2 PE-005 - Property Standards 1.0.0 Background 1.1.0 Building Code Act, S.O. 1992, c.23, provides that a by-law may be passed by the Council of a municipality prescribing the standards for the maintenance and occupancy of property within the municipality provided the official plan for the municipality includes provisions relating to property conditions. 1.2.0 The Official Plan for the Municipality of Wawa includes provisions relating to property conditions. 1.3.0 The Residential Tenancy Act c.25, Sched. 5, s.6, Section 226.1 provides authority, that a local municipality may appoint inspectors for the purposes of investigating complaints and/or issuing Work Orders, 2.0.0 Policy Statement 2.1.0 It is the policy of the Corporation of the Municipality of Wawa to prescribe standards for the maintenance and occupancy of property within the municipality. 2.2.0 It shall be the policy of the Corporation of the Municipality of Wawa to ensure that this policy is updated to reflect the needs and wants of the Acts, and the residents of the Municipality of Wawa. 2.3.0 This policy shall be administered by the Property Standards Officer or designate. 3.0.0 Definitions 3.1.0 "Accessory Building" means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property. 3.2.0 "Act" means an enactment of statute of the Province of Ontario. 3.3.0 "Apartment Building" means a building containing more than four dwelling units with individual access from an internal corridor system. 3.4.0 "Approved" means acceptance by the Property Standards Officer. 3 PE-005 - Property Standards 3.5.0 "Basement" means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade. 3.6.0 "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy. 3.7.0 "Building Code" means the Building Code Act and any regulations made under that Act. 3.8.0 "Cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling below the average exterior finished grade. 3.9.0 "Chief Building Official" means the Chief Building Official appointed under Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the enforcement thereof. 3.10.0 "Code" means a regulation of the Province of Ontario known, a) with respect to matters relating to building, as the Building Code; b) with respect to matters relating to electricity, as the Electrical Safety Code; c) with respect to matters relating to fire, as the Fire Code; and d) with respect to matters relating to plumbing, as the Plumbing Code. 3.11.0 "Council" shall mean the council of the Municipality of Wawa. 3.12.0 "Committee" means a Property Standards Committee established under this Chapter. 3.13.0 "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part for the purpose of human habitation. 3.14.0 "Dwelling Unit" means a room or a suite of rooms operated as a housekeeping unit, that is used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities. 4 PE-005 - Property Standards 3.15.0 "Exterior property area" means the building lot excluding buildings. 3.16.0 "Fence" means any structure, wall or barrier, other than a building, erected at grade for the purpose of defining boundaries of property, separating open space, restricting ingress from property, providing security or protection to property or acting as a visual or acoustic screen. 3.17.0 "First Storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade. 3.18.0 "Ground cover" means organic or non-organic material applied to prevent soil, erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping. 3.19.0 "Guard" means a protective barrier around openings in floor areas or at the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations to prevent accidental falls from one level to another. Such barriers may or may not have openings through it. 3.20.0 "Habitable Room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes. 3.21.0 "Inspector" means a person employed or authorized to inspect something. 3.22.0 "Means of Egress" means a continuous, unobstructed path of travel for the escape of persons from any point in a building, a floor area, a room or a contained open space provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility to a public thoroughfare or an approved area of refuge usually located outside the building. 3.23.0 "Multiple Dwelling" means a building containing two or more dwelling units. 3.24.0 "Non-Habitable Room" means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel 5 PE-005 - Property Standards between storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this Policy. 3.25.0 "Non-Residential Property" means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein. 3.26.0 "Occupant" - means any person or persons over the age of eighteen (18) years in possession of the property. 3.27.0 "Officer" means one charged with administering or enforcing the law. 3.28.0 "Owner" includes the owner in trust, a mortgagee in possession, the person for the time being, managing or receiving the rent of the land or premises in connection with which the word is used whether on his own account, or as agent or trustee of any other person, or who would receive the rent if the land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property; 3.29.0 "Person" means an individual, firm, corporation, association or partnership. 3.30.0 "Property" means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences and erections thereon whether heretofore or hereafter erected and includes vacant property. 3.31.0 "Repair" includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this Bylaw. 6 PE-005 - Property Standards 3.32.0 "Residential Property" means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals, and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces, and fences associated with the dwelling or its yard. 3.33.0 "Safe condition" means a condition that does not pose or constitute an undue or unreasonable hazard or risk to life, limb or health of any person on or about the property, and includes a structurally sound condition. 3.34.0 "Sewage system" means the Municipality of Wawa system of storm sewers, sanitary sewers and combined sewers, or a private sewage disposal system approved by the Chief Building Official within the Municipality of Wawa. 3.35.0 "Sign" - means any device or notice, including its structure and other component parts, which is used or capable of being used to identify, describe, illustrate advertise or direct attention to any person, business, service, commodity or use. 3.36.0 "Standards" means the standards of the physical condition and of occupancy prescribed for property by this Policy. 3.37.0 "Toilet Room" means a room containing a water closet and a wash basin. 3.38.0 "Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power driven equipment. 3.39.0 "Visual barrier" shall mean a continuous, uninterrupted structure and/or fence which completely blocks lines of sight when viewed perpendicularly from either of its sides and shall consist of one or more of the following materials: wood, stone, bricks, mortar, fabricated metal or other similarly solid material approved by the Chief Property Standards Officer or Chief Building Official. 7 PE-005 - Property Standards 3.40.0 "Waste" means any debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or the weather. 3.41.0 "Yard" means the land other than publicly owned land around and appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property. 4.0.0 Regulations 4.0.1 General Standards for all Property 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 Act, Fire Prevention and Protection Act, the Ontario Fire Code and the Ontario Plumbing Act. 4.1.0 Yards Every yard, including vacant lots, shall be kept clean and free from: 4.1.1 rubbish, garbage or debris and objects or conditions that may create a potential health, fire, or accident hazard; 4.1.2 wrecked, dismantled, inoperable, discarded or abandoned machinery, vehicles, trailers or boats or any parts thereof unless it is necessary for the operation of a business enterprise lawfully situated on the property; 4.1.3 long grass, brush, undergrowth and noxious weeds as defined by the Weed Control Act; 4.1.4 dilapidated, collapsed or partially constructed structures which are not currently under construction or other unsafe condition or unsightly condition out of character with the surrounding environment; 4.1.5 injurious insects, termites, rodents, vermin or other pests; and 8 PE-005 - Property Standards 4.1.6 dead, decayed or damaged trees or other natural growth. 4.2.0 Surface Conditions Surface conditions of yards shall be maintained so as to: 4.2.1 prevent ponding of storm water; 4.2.2 prevent instability or erosion of soil; 4.2.3 prevent surface water run-off from entering basements; 4.2.4 not exhibit an unsightly appearance; 4.2.5 be kept free of garbage and refuse; 4.2.6 be kept free of deep ruts and holes; 4.2.7 provide for safe passage under normal use and weather conditions, day or night; and 4.2.8 not to create a nuisance to other property. 4.3.0 Sewage and Drainage 4.3.1 Sewage shall be discharged into an approved sewage system. 4.3.2 Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. 4.3.3 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property. 4.4.0 Parking Areas, Walks and Driveways 4.4.1 All areas used for vehicular traffic and parking shall have a surface covering of crushed stone, slag, gravel, having an asphalt or cement binder or any type of permanent surfacing such as asphalt or concrete and shall be kept in good repair free of dirt and litter. 4.4.2 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions day or night. 9 PE-005 - Property Standards 4.5.0 Accessory Buildings, Fences, and Other Structures 4.5.1 Accessory buildings, fences and other structures appurtenant to the property shall be maintained in structurally sound condition and in good repair to a standard at least comparable with abutting and adjoining properties. 4.5.2 Accessory buildings, fences, and other structures shall be protected from deterioration by the application of appropriate weather resistant materials including paint or other suitable preservative and shall be of uniform colour unless the aesthetic characteristics of said structure are enhanced by the lack of such material. 4.6.0 Garbage Disposal 4.6.1 Every building, dwelling, dwelling unit, multiple dwelling, apartment building and non-residential property shall be provided with a sufficient number of suitable receptacles to contain all garbage, refuse, ashes and waste that may accumulate on the property between the regularly designated collection days. Such receptacles shall be constructed of watertight material, provided with a tight fitting cover, and shall be maintained in a clean and odour free condition at all times 4.6.2 All garbage, refuse, ashes and waste shall be promptly placed in a suitable container and made available for removal in accordance with the municipal garbage collection by-law where applicable. 4.7.0 Outdoor Storage 4.7.1 No machinery or parts thereof, or other object or material, not associated with the normal occupancy and use of a property, including among other things, appliances, fixtures, paper, cartons, boxes, or building material such as lumber, masonry material or glass, other than that intended for immediate use on the property, shall be stored or allowed to remain on an exterior property area. 10 PE-005 - Property Standards 5.0.0 Residential Standards 5.0.1 General Conditions 5.1.1 Every owner, tenant, or occupant or lessee of a residential property shall maintain the property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws. 5.1.2 Every tenant, or occupant or lessee of a residential property shall maintain every floor, wall, ceiling and fixture, under their control, including hallways, entrances, laundry rooms, utility rooms, and other common areas, in a clean, sanitary and safe condition. 5.1.3 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress shall not be permitted. 5.2.0 Pest Prevention 5.2.1 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act. 5.2.2 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. 5.3.0 Structural Soundness 5.3.1 Every part of a dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety as required by the Ontario Building Code. 5.3.2 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly secured objects or materials. 11 PE-005 - Property Standards 5.4.0 Foundations 5.4.1 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent settling, installing sub soil drains, where necessary, at the footings, grouting masonry cracks, damp proofing and waterproofing walls, joints, and floors. 5.4.2 Every dwelling, except for slab on grade construction, shall be supported by foundation walls or piers which extend below the frost line, or to solid rock. 5.5.0 Exterior Walls 5.5.1 Exterior walls of a dwelling or structure and their components, including soffits, fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, and other defective cladding or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage to maintain an appearance commensurate with the surrounding environment. 5.5.2 Exterior walls of a dwelling and its components shall be free of unauthorized signs, painted slogans, graffiti and similar defacements. 5.6.0 Windows and Doors 5.6.1 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good repair, weather tight and reasonably draught-free, to prevent heat loss and infiltration by the elements. Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and reglazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair. 5.6.2 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall 12 PE-005 - Property Standards have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit. 5.6.3 Solid core doors shall be provided for all entrances to dwellings and dwelling units. 5.6.4 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all times. 5.7.0 Canopies-Marquees-Awnings 5.7.1 All canopies, marquees and awnings shall be properly anchored so as to be kept in safe and sound condition and shall be protected from decay and rust by application of weather-coating material. 5.8.0 Roofs 5.8.1 Roofs of dwellings and their components shall be maintained in a weather tight condition, free from loose or unsecured objects or materials. 5.8.2 The roofs of dwellings and accessory buildings shall be kept clear of accumulations of ice or snow or both. 5.8.3 Where eavestrough, roof gutters, are provided it shall be kept in good repair, free from obstructions and properly secured to the building. 5.9.0 Walls, Ceilings and Floors 5.9.1 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 13 PE-005 - Property Standards 5.9.2 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects. 5.9.3 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room shall be maintained so as to be impervious to water and readily cleaned. 5.10.0 Stairs, Porches and Balconies 5.10.1 Interior and exterior stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks, and other defects which may constitute accident hazards. Existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. 5.11.0 Guards/Handrails 5.11.1 Guards are required on all open sides of stairs, landing or any surface which provides access for other than maintenance purposes where there is a difference in elevation to adjacent surfaces of more than 600 mm (24 in.). The guards are required to be maintained in a rigid nature. 5.11.2 Handrails are required on at least one side of any stairs containing three (3) or more risers and on at least one side of any ramp. The handrails are required to be maintained in a rigid nature. 5.12.0 Kitchens Every dwelling and dwelling unit shall contain a kitchen area equipped with: 5.12.1 a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water; 5.12.2 suitable cupboard storage area of not less than 0.23 cubic metres (8 cubic feet); 5.12.3 a counter or work area at least 610 mm (2 ft) in width by 1,220 mm (4 ft) in length, exclusive of the sink, and covered with a material that is impervious to moisture and grease and is easily cleanable; and 14 PE-005 - Property Standards 5.12.4 a space provided for cooking and refrigeration appliances including the suitable electrical and/or gas connections. 5.13.0 Toilet Room and Bathroom Facilities 5.13.1 Every dwelling and dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, washbasin, and a bathtub or suitable shower unit. Every washbasin and bathtub or shower shall have an adequate supply of hot and cold running water. Every water closet shall have a suitable supply of running water. 5.13.2 Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room. 5.13.3 Where toilet or bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities. 5.14.0 Plumbing 5.14.1 Each washbasin, bathtub or shower, and one kitchen sink shall be equipped with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 49° Celsius (120° F). 5.14.2 Every dwelling unit shall be provided with an adequate supply of potable running water from an approved source. 5.14.3 All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing. 5.14.4 All plumbing fixtures shall be connected to the sewerage system through water seal traps. 15 PE-005 - Property Standards 5.14.5 Every fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains, or other defects that may harbour germs or impede thorough cleansing. 5.15.0 Electrical Service 5.15.1 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 5.15.2 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the Electrical Safety Code made under the Electricity Act, 1998. 5.15.3 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square metres (120 sq. ft.) of floor space and for each additional 9.3 square metres (100 sq. ft.) of floor area, a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis. 5.15.4 Every bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and non-habitable work or storage room shall be provided with a permanent light fixture. 5.14.5 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, stairways, corridors, passage ways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use. 5.16.0 Heating, Heating Systems, Chimneys and Vents 5.16.1 Every dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21° Celsius (70° F.) in the occupied dwelling units, for the first day of September of each year to the first day of June the following year. 16 PE-005 - Property Standards The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling unit to the required standard. 5.16.2 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and maintained to the standards provided by the Energy Act, as amended or other applicable law. 5.16.3 Where a heating system or part thereof that requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard. 5.15.4 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code and/or the Ontario Fire Code. 5.15.5 All fuel burning appliances, equipment, and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 5.15.6 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit. Maintenance includes the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units. 5.15.7 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. 17 PE-005 - Property Standards 5.17.0 Fire Escapes, Alarms and Detectors 5.17.1 Buildings using a fire escape as a secondary means of egress shall have the escape in good condition, free from obstructions and easily reached through an openable window or door. 5.17.2 Every owner of a residential occupancy where sleeping accommodations are provided for more than ten (10) persons, shall install or cause to be installed and maintain in working order a listed fire alarm and detection system, approved by the Canadian Standards Association (CSA) or the Underwriters Laboratories of Canada (ULC), except that such system need not be provided where a public corridor or exit serves not more than four (4) dwelling units or individual leased sleeping rooms. Maintenance of a fire alarm and/or detection system shall include annual testing and servicing by a qualified person in accordance with the Ontario Fire Code. Verification of compliance to be forwarded to the Property Standards Officer upon request. 5.17.3 Every owner of a residential occupancy shall install or cause to be installed and maintain in working order one or more smoke alarms in each dwelling unit and in each sleeping room not within a dwelling unit in conformance with the Ontario Building Code and/or the Ontario Fire Code and The Smoke Alarm By-law, as amended from time to time. 5.17.4 The required smoke alarms: a) shall conform to CAN/ULC-S531, "Standard for Smoke Alarms" and where electrically powered, also conform to the Canadian Standards Association (CSA). b) shall be installed on or near the ceiling in accordance with the manufacturers installation instructions c) shall be located on each floor level of the dwelling unit: d) near the stairs connecting floor levels, e) on floor levels containing sleeping areas, between each sleeping area and the remainder of the dwelling unit, 18 PE-005 - Property Standards f) in the hallway, where the sleeping area is served by a hallway belonging to the dwelling unit, and g) shall be audible from within the sleeping area with the intervening doors closed. 5.18.0 Egress 5.18.1 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. 5.18.2 Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level, except egress from a dwelling unit may be through a window that can be opened from the inside without the use of tools and each such window shall provide an individual unobstructed open portion having a minimum area of 0.35 square meters (3.8 sq. ft.) with no dimension less than 380 mm (15 in.) with a sill height of not more than 1,000mm, (3ft 3 in), above the inside floor. A single exit is permitted from a dwelling unit where the path of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit. 5.19.0 Natural Light Every habitable room except a kitchen, bathroom or toilet room shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms, and five percent of the floor area for bedrooms and other finished rooms. 19 PE-005 - Property Standards 5.20.0 Ventilation 5.20.1 Every habitable room in a dwelling unit, including kitchens, living rooms, bedrooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square metres (3 sq. ft), and for bathrooms or toilet rooms, at least 0.09 square meters (1 sq. ft.) or an approved system of mechanical ventilation such that provide hourly air exchanges. 5.20.2 All system of mechanical ventilation shall be maintained in good working order. 5.20.3 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated. 5.21.0 Elevating Devices Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained in good condition. 5.22.0 Disconnected Utilities Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing, or otherwise altering said service or utility. 5.23.0 Occupancy Standards 5.23.1 The number of occupants, residing on a permanent basis in any individual dwelling unit, shall not exceed two (2) persons per bedroom or one person for every nine square metres (100 sq. ft), of habitable floor area. For the purpose of computing habitable floor area, any area with the minimum ceiling height less than 2.1 metres (7 ft.) shall not be considered. 20 PE-005 - Property Standards 5.23.2 No room shall be used for sleeping purposes unless it has a minimum floor area of not less than seven square metres (75 sq. ft.). A room used for sleeping purposes by two or more persons shall have a floor area of at least 4.6 square metres (50 sq. ft.) per person. 5.23.3 Any basement, or portion thereof, used as a dwelling unit shall conform to the following requirements: a) each habitable room shall comply with all the requirements set out in this Policy; b) floors and walls shall be constructed so as to be damp proof and impervious to leakage of underground and surface run-off water; c) each habitable room shall be separated from service rooms by a fire separation and approved under the Ontario Building Code and/or Ontario Fire Code as applicable; d) access to each habitable room shall be gained without passage through a service room. 6.0.0 NON-RESIDENTIAL PROPERTY STANDARDS 6.1.0 Every owner, tenant, or occupant or lessee of a non-residential property shall maintain the property or part thereof and the land which they occupy or control, in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis, in accordance with municipal by-laws. 6.2.0 Yards 6.2.1 The yards of non-residential property shall be maintained to the standards as described in 4.0.1 - General Standards for All Property of this Policy. 6.2.2 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall not obstruct any access for emergency vehicles. 21 PE-005 - Property Standards Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view, the offensive area shall be suitably enclosed by a solid fence constructed of painted board or metal conforming to municipal by-laws. 6.3.0 Parking Areas and Driveways 6.3.1 All areas used for vehicular traffic and parking shall have a surface covering of crushed stone, slag, gravel, having an asphalt or cement binder or any type of permanent surfacing such as asphalt or concrete and shall be kept in good repair free of dirt and litter. 6.3.2 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. 6.4.0 Structural Soundness 6.4.1 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety as required by the Ontario Building Code. Structural members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced. 6.4.2 Walls, roofs, and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials. 6.5.0 Exterior Walls 6.5.1 Exterior walls of a building or structure and their components, including soffits, fascia, windows and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, and other defective cladding or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage to maintain an appearance commensurate with the surrounding environment. 22 PE-005 - Property Standards 6.5.2 Exterior walls of a building or structure and their components, shall be free of unauthorized signs, painted slogans, graffiti and similar defacements. 6.6.0 Guards/Handrails 6.6.1 Guards are required on all open sides of stairs, landing or any surface which provides access for other than maintenance purposes where there is a difference in elevation to adjacent surfaces of more than 600 mm (24 in.). The guards are required to be maintained in a rigid nature. 6.6.2 Handrails are required on at least one side of any stairs containing three (3) or more risers and on at least one side of any ramp. The handrails are required to be maintained in a rigid nature. 6.7.0 Lighting All non-residential establishments shall install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act for industrial and commercial properties. However, lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 7.0.0 VACANT LANDS, VACANT BUILDINGS, DAMAGED BUILDINGS AND DEMOLISH 7.1.0 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. 7.2.0 Vacant Lands 7.2.1 Vacant land shall be maintained to the standards as described in 4.0.1. General Standards for All Property of this Policy. 23 PE-005 - Property Standards 7.2.2 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water. 7.3.0 Vacant Buildings 7.3.1 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and if any building is unoccupied for more than 90 days, the owner or the agent shall protect every such building against the risk of fire, accident, or other hazard and shall effectively prevent the entrance thereto of all unauthorized persons. 7.3.2 The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to the building and painted a colour compatible with the surrounding walls. 7.3.3 If a building remains vacant for a period of more than ninety (90) days, the owner or agent thereof, shall ensure that all utilities serving the building are properly disconnected or otherwise and secure the building to prevent accidental or malicious damage to the building or adjacent property, but this provision shall not apply where such utilities are necessary for the safety or security of the building. 7.4.0 Damage By Fire-Storm-Other Causes 7.4.1 In the event of fire or explosion, damaged or partially burned material shall be removed from the premises, except that such material may be temporarily stored within the barricaded damaged building or structure, provided that such storage does not exceed ninety (90) days. 7.4.2 Fire damaged buildings, or portions thereof, shall be repaired to their original condition or shall be demolished accordingly within 90 days. 7.5.0 Demolish Building 7.5.1 Where a building, accessory building, fence or other structure is demolished and removed of all containments, the property shall be cleared of all rubbish, waste, 24 PE-005 - Property Standards refuse, masonry, lumber, wood, and other materials and left in a graded and levelled condition immediately upon demolition. 7.5.2 Where a building, accessory building, fence or other structure is being demolished, every precaution shall be taken to protect the adjoining property and members of the public. The precautions to be taken include the erection of fences, barricades, covered walkways for pedestrians and any other means of protection necessary for the protection of the adjoining property and members of the public. 8.0.0 Administration and Enforcement 8.1.0 This Policy shall apply to all property within the limits of the municipality. 8.2.0 The imperial measurements contained in this Policy are given for reference only. 8.3.0 Officers The Council of the municipality shall appoint a Property Standards Officer(s) to be responsible for the administration, investigation and enforcement of this policy. 8.4.0 Property Standards Committee 8.4.1 Council members shall be members of the Property Standards Committee for the term of office concurrent with their term. The Municipal Clerk shall be the secretary to the Committee. 8.4.2 Every person who initiates an appeal of an Order made under section 15.2 (2) of the Ontario Building Code Act, S.O. 1992, c.23, shall submit a Notice of Appeal in the time frame and the manner as prescribed in section 15.3 (1) of the Act. All Notices of Appeal shall be accompanied by a non-refundable fee prescribed by the Schedule of Fees. 8.4.3 Every person who initiates a review of the Work Order made under section 225 (1) of the Residential Tenancies Act, c.25, Sched. 5, s.6, shall apply for a review as prescribed in section 226 (1) of the Act. All Reviews shall be accompanied by a non-refundable fee prescribed by the Schedule of Fees. 25 PE-005 - Property Standards 8.5.0 Compliance 8.5.1 The owner of any property which does not conform to the standards as set out in this policy shall repair said property to comply with the standards or the property shall be cleared of all buildings, structures, debris or refuse and left in a levelled and graded condition. 8.5.2 Where any person fails to comply with an order issued, the municipality may cause the required work to be done at the expense of the owner, including an administration fee. The cost of such work may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 8.6.0 Validity 8.6.1 If an article of this policy is for any reason held to be invalid, the remaining articles shall remain in effect until repealed. 8.6.2 Where a provision of this policy conflicts with the provision of another policy and/or by-law in force within the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 8.7.0 Penalty 8.7.1 An owner who fails to comply with an order that is final and binding under this Bylaw is guilty of an offence under Section 36(1) of the Building Code Act, S.O. 1992, c.23, and is liable to a penalty or penalties as set out in Section 36 of that Act. 8.8.0 Severability 8.8.1 It is hereby declared that each and every of the foregoing provisions of this Bylaw is severable and that, if any provisions of this Bylaw should, for any reason, be declared invalid by any Court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 26 PE-005 - Property Standards 8.9.0 Transitional Rules After the date of the passing this Policy, By-Law No. 1705-05, as amended, shall apply only to those properties in which an Order to Comply has been issued prior to the date of passing of this policy, and then only to such properties until such time as the work required by such Order has been completed or any enforcement proceedings with respect to such Order, including any demolition, clearance, or repair carried out by the municipality shall have been concluded. 8.10.0 Title This policy may be referred to as "The Property Standards By-Law". 27 PE-005 - Property Standards 9.0.0 Policy Adoption and Review Guidelines Date of Adoption by Council By-Law No. Date of Most Recent Review by Council Changes Made Yes/No December 2004 1004-95 November 2020 Yes July 1, 2005 1790-05 May 17, 2005 Yes May 18, 2021 3395-21 May 4, 2021 Yes 10.0.0 References to Other Policies or By-laws Policy Title Policy Number By-Law Form Title - Property Standards Notice of Violation Order to Remedy Violation Of Standards of Maintenance and Occupancy - order issued Order to Remedy Violation Of Standards of Maintenance and Occupancy - order not issued Notice of Appeal to the Property Standards Committee Order to Comply Property Standards Complaint Form Form Title - Maintenance Standards Tenant Complaint Instructions Letter of Acknowledgement Preliminary Inspection Work Order/Follow-Up Referral Letter - Work Order Letter to Landlord - Issuance of Work Order Letter to Landlord - Compliance with Work Order Letter to Landlord - Non - Compliance with Work Order Appendix "1" 28 File No. Date Issued NOTICE OF VIOLATION (Optional) Registered Owner's Name & Address Dear Property Owner: Re: Property Standards By-Law No. 3395-21 Civic Address, Roll No. (Legal Description) Please be advised that on (date of inspection), an inspection of your property, as noted above, revealed certain violations of the municipality's Property Standards By-Law No. 3395-21. "Schedule A", attached hereto, sets out the work required to remedy such violations and to bring the property into compliance with the By-Law. Please be advised that By-Law No. 3395-21 gives the municipality the authority to issue an ORDER TO COMPLY pursuant to Section 15.2(2), Ontario Building Code Act, S.O. 2002, c. 23. It is desired that you will comply with this Notice of Violation that the aforementioned procedural step will not be necessary. A re-inspection of this property will take place on or about (month/day/year) to ascertain compliance. Should you require any further information pertaining to this matter, please do not hesitate to contact me. Sincerely yours, (Name of Property Standards Officer) Property Standards Officer c.c. (such persons affected as the Officer determines) Appendix "1" 29 Schedule "A" 1. List and describe items of non-compliance. 2. Give reasonable particulars of the repairs to be made or state that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. Appendix "2" 30 File No. Date Issued ORDER TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c. 23 (to be used when Notice of Violation was issued) Registered Owner's Name & Address Dear Property Owner: Re: Property Standards By-Law No. 3395-21 Civic Address, Roll No. (Legal Description) WHEREAS on May 18, 2021, Municipality of Wawa By-Law No. 3395-21, being a by-law to provide for the maintenance of the physical condition and occupation of property in defined areas of the Municipality of Wawa was passed by the Council of The Corporation of the Municipality of Wawa. AND WHEREAS on (month/day/year) you were served with a Notice of Violation setting out the violations to Property Standards By-Law No. 3395-21 and requiring you to take remedial measures to correct the violations by (month/day/year). AND WHEREAS a re-inspection of your property, as noted above, was carried out on (month/day/year) and you have failed to remedy the noted violation(s) as set out in Schedule "A", attached hereto which form part of this Order. THEREFORE IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be remedied and the property brought into a condition of compliance with the prescribed standards as set out in Property Standards By-Law No. 3395-21 on or before (Month/Day/Year) TAKE NOTICE that if such violations are not remedied within the time specified in this Order, the municipality may correct such violations at the expense of the owner, including an administration fee of 15% as per current schedule of fees. If an owner or occupant upon which an Order has been served is not satisfied with the terms or conditions of the Order may appeal to the committee by sending the enclosed Notice of Appeal by Registered Mail to the Secretary of the Committee within fourteen (14) days after service of the Order, and, in the event that no Appeal is taken, the Order shall be deemed to have been confirmed. Final Date for Appeal: (month/day/year) Sincerely yours, (Name of Property Standards Officer) Property Standards Officer c.c. (such persons affected as the Officer determines) Appendix "2" 31 Schedule "A" 1. List and describe items of non-compliance. 2. Give reasonable particulars of the repairs to be made or state that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. Appendix "3" 32 File No. Date Issued ORDER TO REMEDY VIOLATION OF STANDARDS OF MAINTENANCE AND OCCUPANCY Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c. 23 (to be used when Notice of Violation was not issued) Registered Owner's Name & Address Dear Property Owner: Re: Property Standards By-Law No. 3395-21 Civic Address, Roll No. (Legal Description) WHEREAS on May 18, 2021, Municipality of Wawa By-Law No. 3395-21, being a by-law to provide for the maintenance of the physical condition and occupation of property in defined areas of the Municipality of Wawa was passed by the Council of The Corporation of the Municipality of Wawa. AND WHEREAS on (month/day/year) an inspection of your property, as noted above, revealed certain violations of the municipality's Property Standards By-Law No. 3395-21. THEREFORE IT IS HEREBY CHARGED THAT the violation(s) as set out in Schedule "A" be remedied and the property brought into a condition of compliance with the prescribed standards as set out in Property Standards By- Law No. 3395-21 on or before: (Month/Day/Year) TAKE NOTICE that if such violations are not remedied within the time specified in this Order, the municipality may correct such violations at the expense of the owner, including an administration fee of 15% as per current schedule of fees. If an owner or occupant upon which an Order has been served is not satisfied with the terms or conditions of the Order may appeal to the committee by sending the enclosed Notice of Appeal by Registered Mail to the Secretary of the Committee within fourteen (14) days after service of the Order, and, in the event that no Appeal is taken, the Order shall be deemed to have been confirmed. Final Date for Appeal: (month/day/year) Dated this day of (month) , (year). Sincerely yours, (Name of Property Standards Officer) Property Standards Officer c.c. (such persons affected as the Officer determines) Appendix "3" 33 Schedule "A" 1. List and describe items of non-compliance. 2. Give reasonable particulars of the repairs to be made or state that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. Appendix "4" 34 NOTICE OF APPEAL TO THE PROPERTY STANDARDS COMMITTEE Date: Secretary, Property Standards Appeal Committee The Corporation of the Municipality of Wawa 40 Broadway Avenue, P.O. Box 500 Wawa, ON P0S 1K0 Dear Sir/Madam: Re: Order to Remedy Violation of Standards of Maintenance and Occupancy at: (civic address and description of property in violation) TAKE NOTICE of the Appeal of the undersigned to the Property Standards Committee because of dissatisfaction with the above referenced Order to Remedy Violation of Standards of Maintenance and Occupancy served upon the undersigned on (month/ day/year). PLEASE PRINT Name: Mailing Address: Telephone Number: APPEAL TO PROPERTY STANDARDS COMMITTEE If an owner or occupant upon whom an Order has been served is not satisfied with the terms or conditions of the Order may Appeal to the Committee by sending a Notice of Appeal by Registered Mail to the Secretary of the Committee within fourteen (14) days after service of the Order, and, in the event that no Appeal is taken, the Order shall be deemed to have been confirmed. The Building Code Act, S.O. 1992, c. 23, s. 15.3(1) Application Administration Fee: Signature of Owner or Authorized Agent $ Appendix "5" 35 ORDER TO COMPLY Pursuant to Section 15.2 of the Ontario Building Code Act, S.O. 1992, c. 23 OWNER (Name and Address) FILE NO. DATE ISSUED PROPERTY DESCRIPTION Address Roll No. Plan # , Lot # , Pcl. PENALTIES ARE PROVIDED FOR VIOLATION OF THE ONTARIO BUILDING CODE ACT, 1992. This property has been found NOT to be in conformity with the Standards of Maintenance and Occupancy established by this municipality and as set out in Property Standards By-Law No. 3395- 21. Schedule "A", attached hereto, sets out the work required to remedy such violation(s) and to bring the property into compliance with the By-Law. BE ADVISED THAT THIS PROPERTY MUST BE MADE TO CONFORM WITH THE BY-LAW ON OR BEFORE THE DAY OF (month) , (year) . ORDER ISSUED BY: (Name of Property Standards Officer) Property Standards Officer Further information may be obtained from the office of the Property Standards Officer located at 40 Broadway Avenue, Wawa, Ontario. APPEAL TO A JUDGE OF THE ONTARIO COURT (GENERAL DIVISION) If the municipality or any owner or occupant is not satisfied with the decision of the Property Standards Committee, they may appeal to the Superior Court of Justice by notifying the Clerk of The Corporation of the Municipality of Wawa, in writing, and by applying to the court within fourteen (14) days after the sending of a copy of the decision, and, in the event no Appeal is taken, the Order shall be final and binding upon the owner and occupant who shall carry out the work within the time and manner specified in the order. Appendix "5" 36 Schedule "A" 1. List and describe items of non-compliance. 2. Give reasonable particulars of the repairs to be made or state that the site is to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. Appendix "6" 37 The Corporation of the Municipality of Wawa PROPERTY STANDARDS COMPLAINT FORM Complaint respecting property located at Name of Property Owner Owner's Address Phone No. Name of Tenant Phone No. Details of Complaint Printed Name of Complainant (must be completed to be processed) Address Phone No. Signature Date For Office Use Only Report of Investigation Property Standards Officer Appendix "7" 38 The tenant is to follow these instructions when submitting a complaint. Tenant Complaint about Maintenance of Rental Units within the Municipality of Wawa Use this form if you have requested repairs for your rental unit and/or building to your landlord and the repairs have not been addressed in reasonable amount of time. Before filling out the form, please read the following instructions carefully. Providing insufficient or inaccurate information may result in delays in processing your complaint. Instructions To fill out this form: 1. You must currently reside in the rental unit which is the subject of this form. 2. You need to provide a valid property address, your contact information, and the contact information of your landlord. 3. You should have informed the landlord, property manager or superintendent of the issue in writing and given them a reasonable amount of time to correct the problem. You may be asked to provide proof of such communication. 4. Please submit a completed and signed Tenant Complaint Form to the Chief Building Official by mail at: 40 Broadway Avenue, PO Box 500, Wawa, ON, P0S 1K0 or fax at 705- 856-2120 or by email to [email protected]. Please confirm the following: l have informed the landlord, property owner or superintendent of the maintenance issue in writing and given them a reasonable amount of time to resolve the issue before submitting this complaint. I have included a copy of the documentation used to inform the landlord of the maintenance issue with this form. I have completed a signed Tenant Complaint Form and provided to the Chief Building Officer. . The Corporation of the Municipality of Wawa Ontario Regulation 517/06 Appendix "7" 39 Name of Contact person at the municipality: Position title of contact person: Phone number of contact person: Date of contact: Part II: General Information Property Information Property Address (e.g. Street, lot number, etc.) Postal Code Unit# Municipality Province Tenant(s) Information Name of Tenant(s) Postal Code Mailing address if different from above Province Unit# Municipality Daytime phone number Evening phone number Email address Landlord(s) Information Name of Landlord(s) Mailing address Postal Code Unit# Municipality Province Daytime phone number Evening phone number Part III: Building Background Information What type pf building do you live in? Check an appropriate box. House Basement apartment Mobile Home Apartment Townhouse Rooming House Land-Lease Community Trailer Other Where are your maintenance problems located? Check all appropriate boxes. Living Room Basement Kitchen Bedroom Bathroom Yard Hallways Roof Other___________________ Appendix "7" 40 Part IV: Details about your maintenance complaint Please describe your maintenance issue. Check all appropriate boxes. Structural elements Plumbing/drainage Electrical Heating Ventilation Mechanical Lighting Safety/Security General Maintenance Other Where are your maintenance problems located? Check all appropriate boxes. Structural elements Plumbing/drainage Electrical Heating Ventilation Mechanical Lighting Safety/Security General Maintenance Other You may elaborate on the maintenance problem you are having using this space. You may attach additional pages, if required. Part V: Authorization Signature of Tenant or the Tenant's Agent: Date:_________________ __________________________________ Appendix "8" 41 LETTER OF ACKNOWLEDGEMENT Month, Day, Year Name Street City, Province Postal Code Re: Address of Tenant File No. : We have received your written complaint concerning maintenance issues at your rental premises on (enter the date letter was received). I will contact you to arrange a suitable date and time to inspect your premises. If a Work Order is issued following the inspection, a copy will be mailed to you. If you have any questions about this letter, please contact Kevin at 705-856-2244 Ext. 228 and refer to the above noted file number. Yours truly, Kevin Sabourin Assistant Director Protective Services cc: Cathy Cyr, Clerk Maury O'Neill, CAO-Treasurer Appendix "9" 42 PRELIMINARY INSPECTION WORK ORDER/FOLLOW-UP As an inspector for the Municipality of Wawa, I carried out an inspection of the rental property listed below under the authority of the Residential Tenancies Act, 2006. PART I: PROPERTY INFORMATION Address Inspected (i.e) Street / Lot, Municipality / Emergency number) Unit or apartment No. Municipality Postal Code Date of Inspection (MM / DD/ YY) Work order to be issued against: Unit Complex Both Summary Description of Property Partied in Attendance PART II: STRUCTURAL ELEMENTS Joists; beams; piers; foundation wall; basement / cellar or crawlspace; floor / slab; posts; exterior wall cladding; roof; shingles; eaves troughs; downspouts; fascia; soffit; fences; retaining walls; grading; drainage; other PART III: UTILITIES AND SERVICES PLUMBING Septic tanks; holding tank; weeping tile; plumbing; kitchen sink; toilet; bathtub; shower stall; taps; faucets; shower head; hot / cold water system; lock on door; floor, walls, ceiling around bathtub or shower; other ELECTRICAL Electrical panel; over fusing; wiring; switches; outlets; junction box; extension cords; hydro meter; other HEATING Heating appliance; portable heater as primary source; fuel supply; fuel storage; chimney; fan; pump; filtration equipment; adequate ventilation; other LIGHTING AND VENTILATION Artificial / natural lighting; fixtures; exterior common area; natural or mechanical ventilation; chimney; smoke pipes; flues; gas vents; windows; other PART IV: SAFETY AND SECURITY Guards; handrails; exterior common areas; driveways; ramps; parking garages; walkways; landings; exterior stairs; exterior food /window lock; safety devices on windows; intercom systems; security devices for parking and storage areas; mailbox delivery slot; other PART V: MOBILE HOME PARKS AND LAND LEASE COMMUNITIES Supply of potable water; water pressure; water for firefighting purposes; hydrants; roads; holes in ground; mail boxes; space between mobile homes less than 10 feet (3 metres); holding tanks; sewage systems; electrical supply; connections to mobile home; other Part VI: GENERAL MAINTENANCE Floors; stairs; porch; deck; balcony; cabinets; cupboards; shelves; counter tops; interior walls; ceilings; appliances; locker room; storage areas; garbage containers; pests; openings permitting entry of pests; interior doors; screens; other Appendix "9" 43 PART VII: REFERRALS HEALTH UNIT FIRE DEPARTMENT MUNICIPAL ELECTRICAL SAFETY AUTHORITY TECHNICAL STANDARDS & SAFETY AUTHORITY OTHER PART VIII: AUTHORIZATION Inspector's Name (Print or Type) Inspector's Signature Date (MM/DD/YY) Appendix "10" 44 REFERRAL Electrical Safety Authority Health Unit Technical Standards & Safety Authority Fire Department Municipal Other Agency PART I: REFERRAL TO REFERRAL AGENCY INFORMATION Contact Person Email Agency Name Municipality Postal Code Telephone Fax No. ( ) ( ) PART II: GENERAL INFORMATION ON PROPERTY REFRERRED PROPERTY INFORMATION Address Inspected (i.e Street/Lot/ Municipality /Emergency Number) Unit or Apartment No. City Postal Code LANDLORD / OWNER INFORMATION Name of Landlord Email Mailing Address Unit or Apartment No. City/Municipality Postal Code Province Country Daytime Phone Number ( ) Evening Phone Number ( ) Fax No. ( ) TENANT INFORMATION Name of Tenant Email Mailing Address Unit or Apartment No. City Postal Code Daytime Phone No. ( ) Evening Phone No. ( ) Fax No. ( ) PART III: REASON FOR REFERRAL This is to inform you that the Municipality of Wawa has received notice that there is a maintenance problem at the above address. As an Inspector for the Municipality of Wawa, I carried out and inspection of this rental property on (MM/DD/YY) ________________ under the authority of the Residential Tenancies Act, 2006. The items(s) listed on this form relate to this complaint and may be within your area of jurisdiction. We are asking that you consider investigating the problem(s). Please advise the Municipality of Wawa as to what action you have taken with respect to this complaint. Appendix "10" 45 ELECTRICAL SAFETY AUTHORITY PART IV: DETAILS OF REFERRAL DEFECT LOCATION Branch circuit panel defective FC PC NC Main fuses/ switch box in poor condition FC PC NC Switch defective FC PC NC Unprotected junction boxes/ switches FC PC NC Defective junction boxes FC PC NC Overfusing or bypassing FC PC NC Fixture defective FC PC NC Switch / receptacle arching FC PC NC Unapproved electrical equipment {Type: ) FC PC NC Equipment wearing out in service {Type: ) FC PC NC Deteriorated or bare insulation FC PC NC Poor or improper ground connection FC PC NC improper joints and splices FC PC NC Unprotected joints and splices FC PC NC improperly secured permanent wiring FC PC NC improperly secured or loose fixtures FC PC NC lnsufficient outlets FC PC NC Improper extensions to permanent wiring FC PC NC Extension cord wiring FC PC NC Octopus wiring FC PC NC Duplex outlet defective FC PC NC Improper use of flexible cord FC PC NC No duplex outlet FC PC NC Duplex outlet improperly located FC PC NC Flexible cord run through partition walls / floors FC PC NC Excessive cord run under rugs1 etc. FC PC NC Frayed lamp or extension cord FC PC NC Outdoor wiring fixtures not approved for exterior use FC PC NC EXTERIOR overhead wiring bare or deteriorated FC PC NC Exterior overhead wiring improperly secured to building FC PC NC Other - Specify _____________ FC PC NC FC - Full Compliance PC - Partial Compliance NC - Non-Compliance Appendix "10" 46 FIRE DEPARTMENT PART IV: DETAILS OF REFERRAL COMBUSTABLE & GASES Oil rags not stored in a covered metal container Propane tanks inside buildings FIRE SEPERATIONS Fire separation damaged Door hardware damaged, inoperable or missing Closures damaged, not latching, blocked Fire Separation missing FLAMMABLE LIQUIDS Gasoline inside dwelling Excessive amount of flammable liquids inside home Gasoline used for cleaning Fuel Storage too close to appliance RUBBISH & STORAGE Refuse stored inside home Refuse or storage blocking exterior doors Refuse stored inside garage or shed FIRE PROTECTION Fire Alarm and detection systems Portable extinguishers Sprinkler systems Standpipe systems Hydrants and water supplies Voice communication system MEANS OF EGRESS Self-Closing door hardware Stairwell fire separation damaged Exit Door Emergency lighting inoperable Stairwell doors damaged, not latching, blocked Obstructed corridors, passageways Exit Signs and lighting Secondary means of egress required ELECTRICAL FIRE HAZARDS Fuses Over fusing or by-passing Extensions or Appliance Cords Splices in extension or appliance cords Extension cords fastened to walls/other surfaces Extension cords under rugs/carpets Extension cord used for permanent wiring Electrical Equipment & Appliances Drop cords used to operate appliances Unapproved or home-made appliances Electric heaters or lamps too close to combustibles Arching or Overheating Electrical Equipment Motors Switches Receptacles Fixtures Wiring HEATING EQUIPMENT Chimneys, Flues & Fluepipes Chimneys Open Mortar Joints Corroded or loose fluepipe Flue clean-out openings Chimney liners damaged Loose bricks Unapproved prefabricated chimneys Combustible material on or near smoke pipe Creosote build-up Duct require cleaning Space Heaters & Furnaces Combustible material too close to heating unit Furnace not accessible Fire Box defective Fireplaces No spark screen across fireplace opening Inadequate clearance from wall/floor (wood stove) OTHER COMMENTS: Appendix "10" 47 PART V: AUTHORIZATION Inspector`s Name Inspector`s Signature Date of Referral (MM/DD/YY) OTHER REFRRAL PART IV: DETAILS OF REFERRAL PART V: AUTHORIZATION Inspector's Name Inspector's Signature Date of Referral (MM/DD/YY) Appendix "11" 48 IN THE MATTER OF Municipal Address: Address of Rental Unit Property Assessment Roll No. 0000-000-000-00000 Landlord: First Name, Last Name Address Date of Inspection: Date of Inspection Work Order Issued Against: House/Farm House/Common Area Description of Property: 2-storey Brick, 11 Family Residential House File Number: 00-00000 PARTICULARS OF WORK ORDER TO BE PERFORMED Inspection of the residential complex located at the above-noted municipal address indicates areas of non- compliance with the prescribed provincial Maintenance Standards as wet out in the Ontario Regulations 517/06 made under the Residential Tenancies Act, 2006. The following work order is required in order to achieve compliance with the prescribed maintenance standards: STRUCTURAL ELEMENTS Item No. Required Work Compliance Period 1. 30 days UTILITIES AND SERVICES (PLUMBING) Item No. Required Work Compliance Period 2. 30 days UTILITIES AND SERVICES (ELECTRICAL) Item No. Required Work Compliance Period 3. 30 days UTILITIES AND SERVICES (HEATING) Item No. Required Work Compliance Period 4. 30 days UTILITIES AND SERVICES (LIGHTING) Item No. Required Work Compliance Period 5. 30 days SAFETY AND SECURITY Item No. Required Work Compliance Period 6. 30 days MOBILE HOME PARK AND LAND LEASE COMMUNITIES Item No. Required Work Compliance Period 7. 30 days GENERAL MAINTENANCE Item No. Required Work Compliance Period 8. 30 days Appendix "11" 49 COMPLIANCE PERIOD START DATE The compliance period(s) noted in the work order begin on: ________________ REVIEW OF WORK ORDER If you do not agree with the terms set out in the work order, you may apply to the Landlord and Tenant Board by filing an L6 application (Application to Review a Provincial Work Order). You can contact the Landlord and Tenant Board at 1-888-332-3234. This application must be made no later than 20 after the work order was issued. INSPECTOR Signature stamp Date: ___________________________________ _________________________ First Name & Last Name, Inspector Date Order Issued REFERRALS Complete the appropriate referrals on those that follow and delete these instructions. Fire: Electrical: Health: Building: Other: Appendix "12" 50 LETTER TO LANDLORD -ISSUANCE OF WORK ORDER Month, Day, Year NAME Street City, Province Postal Code Re: Address of Complaint File No.: The Municipality of Wawa received a written complaint about maintenance at the above-noted property. This property was subsequently inspected and our Inspector {name of Inspector} found that it did not meet the maintenance standards required by Ontario Regulation 517/06 made under the Residential Tenancies Act, 2006 (the Act). As a result, a Work Order has been issued, which sets out the repair work that must be completed at the property and the time frame(s) for completing the work. A copy of the Work Order is attached. If you do not agree with the terms of the Work Order, you may appeal the Work Order by filing an L- 6 application "Application for Review of a Provincial Work Order", with the Landlord and Tenant Board (the Board). The application must be filed by {Date-20 days from date Work Order issued}. To obtain the proper forms and further information on the process, contact the Board at 1-888-332-3234. The property will be re-inspected on or shortly after the compliance period noted in the Work Order to determine if the defects have been corrected. Please note that it is an offence under the Act not to comply with the terms of a Provincial Work Order. If a landlord is found guilty of an offence, the penalty upon conviction is a fine of not more than $25,000 for an individual and not more than $100,000 for a corporation. When all the items on the Work Order have been completed, please advise us in writing so that we may arrange for a re-inspection of the property. If the Inspector confirms that the terms of the Work Order have been satisfied, we will close the Work Order file. If you have any questions regarding this letter, please contact Kevin Sabourin at 705-856- 2244 ext. 228 and refer to the above-noted file number. Yours truly, Kevin Sabourin Assistant Director Protective Services Enclosure cc: Cathy Cyr, Clerk Maury O'Neill, CAO-Treasurer {Tenant} Appendix "13" 51 LETTER TO LANDLORD - COMPLIANCE WITH WORK ORDER Month, Day, Year NAME Street City, Province Postal Code Re: Address of Complaint File No.: In response to a written complaint about maintenance from the tenant at the above-noted address, The Municipality of Wawa conducted an inspection and Work Order {File Number} was issued on {Date Work Order Issued}. A re-inspection of the property on {Date of re-inspection} was conducted and has confirmed that you have complied with the terms of the Work Order. Please be advised that the Work Order {File Number} is now closed. If you have any questions about this letter, please contact Kevin at 705-856-2244 ext. 228 and refer to the above-noted file number. Yours truly, Kevin Sabourin Assistant Director Protective Services cc: Cathy Cyr, Clerk Maury O'Neill, CAO-Treasurer {Tenant} {Any referrals } Appendix "14" 52 LETTER TO LANDLORD - NON-COMPLIANCE WITH WORK ORDER Month, Day, Year NAME Street City, Province Postal Code Re: Address of Complaint File No.: The Municipality of Wawa received a written complaint about maintenance at the above-noted property. The property was subsequently inspected and I found that it did not meet the maintenance standards required by Ontario Regulation 517/06 under the Residential Tenancies Act, 2006, (the Act). As a result, the letter "Issuance of Work Order" dated {date} together with Work Order {File#} were mailed to you on {date}. After re-inspection of the property on {Date}, the Work Order {File#} has to-date, not been fully complied with. The following items on this work order have yet to be completed: Items: {List of items} Please note that failure to comply any or all of the items contained in a Work Order issued under s.225 of the Residential Tenancies Act, 2006, constitutes an offence under clause 234 (t) of the Act. If a landlord is found guilty of an offence, the penalty upon conviction is a fine of not more than $25,000 for an individual and not more than $100,000 for a corporation. If you have any questions about this letter, please contact Kevin at 705-856-2244 ext. 228 and refer to the above-noted file number. Yours truly, Kevin Sabourin Assistant Director Protective Services cc: Cathy Cyr, Clerk Maury O'Neill, CAO-Treasurer {Tenant}