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BY-LAW NUMBER 148-2025
A BY-LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE AND
OCCUPANCY OF ALL PROPERTY IN THE CITY OF WINDSOR
Passed the 8th day of September, 2025.
TABLE OF CONTENTS
SECTION 1
SHORT TITLE
4
SECTION 2
DEFINITIONS
4
SECTION 3
AUTHORITY
8
SECTION 4
PROPERTY STANDARDS COMMITTEE
8
SECTION 5
STANDARDS
9
5.2
STANDARDS FOR ALL PROPERTIES
9
5.2.1
Maintain Safe and Sanitary Condition
9
5.2.2
Tenant/Occupant Requirements for Floor, Wall,
Ceiling & Fixtures
9
5.2.3
Storage of Garbage, Refuse, Appliances or Furniture
in a Means of Egress
9
5.2.4
Structural
9
5.2.5
Structural Engineer's Report
10
5.2.6
Foundations
10
5.2.7
Exterior Walls
10
5.2.8
Exterior Doors & Windows
10
5.2.9
Stairs, Porches, Landings, Loading docks, Balconies,
Canopies, Awnings, Fire Escapes
10
5.2.10
Required Handrails or Guards at Stairs
10
5.2.11
Height of Guards
11
5.2.12
Openings in Guards
11
5.2.13
Stair Requirements
12
5.2.14
Roofs, Chimneys, Fascia, Soffit, Antennas, Solar Panels
12
5.2.15
Eaves Troughs
12
5.2.16
Storm Water Management and Rear Yard Drain
Maintenance
12
5.2.17
Ventilation Systems
12
5.2.18
Chimneys, Prefabricated Chimneys & Vents
13
5.2.19
Fuel Burning Heating Equipment
13
5.2.20
Water Supply Premise Isolation
13
5.2.21
Sewage Discharge
13
5.2.22
Maintenance of Private Sewer Connections
13
5.2.23
Sewers: Properties Services By
13
5.2.24
Backwater Valves
14
5.2.25
Decommissioning of Private Sewage System
14
5.2.26
Damaged Vacant Building
14
5.2.27
Damaged Building
14
5.2.28
Materials Used to Board Buildings
14
5.2.29
Demolition of a Building
14
5.2.30
Demolition Part of a Building
15
5.2.31
Yard Rubbish, Debris
15
5.2.32
Buffering and Screening Garbage Containers
15
5.2.33
Lighting & Walkways-Multiple Dwellings and Non-Residential 15
5.2.34
Water From Downspouts and Sumps
15
5.2.35
Retaining Walls
16
5.2.36
Sound Barriers
16
5.2.37
Parking Areas
16
5.2.38
Fire & Suppression Systems
16
5.2.39
Fire Separations
16
5.2.40
Elevators, Hoists, Lifts, Moving Walkways & Escalators
16
5.2.41
Refuse Chute System
16
5.2.42
Parking Garage & Parking Structures Requirements
17
5.2.43
Barrier-free Buildings
17
5.2.44
Barrier Free Buildings - Types of Classes
17
5.2.45
Barrier Free Requirement Do Not Exceed the Standards
17
5.2.46
Accessibility to persons with Disabilities
18
5.2.47
Rodents, Vermin, Termites, Injurious Insects & Other Pests 18
5.2.48
Means of Egress/Exit
18
5.2.49
Equipment
18
5.2.50
Building Used as Illegal Marijuana Grow Operations
18
5.3
STANDARDS FOR NON-RESIDENTIAL PROPERTIES
19
5.3.1
Maintain Safe & Sanitary Conditions
19
5.3.2
Ventilation
19
5.3.3
Lighting
19
5.3.4
Heating Systems
19
5.3.5
Boiler Space Heating
19
5.3.6
Plumbing Systems, Fixtures & Appliances
19
5.3.7
Grease Interceptors
19
5.3.8
Interceptors (Grease & Oil)
20
5.3.9
Fume/Gas Separations
20
5.4
STANDARDS FOR RESIDENTIAL PROPERTIES
20
5.4.1
Cabinet, Cupboard, Shelf & Counter Top Condition
20
5.4.2
Interior Cladding of Walls & Ceilings-Mould Air Quality Report
20
5.4.3
Water Penetration Related to Mould
20
5.4.4
Floors & Finished Flooring
20
5.4.5
Window & Door Panel Maintenance
20
5.4.6
Heating System
20
5.4.7
Heating
Systems,
Stoves,
heating
Appliances,
Fireplaces,
Chimneys, Pumps & Filtration Equipment
21
5.4.8
Portable Heating Equipment
21
5.4.9
Approved Heating Equipment
21
5.4.10
Parking Garage - Noxious Fumes
21
5.4.11
Bathroom Facilities & Personal Privacy
21
5.4.12
Location of Toilet/Urinal
21
5.4.13
Hot/Cold Running Water
21
5.4.14
Plumbing, Including Drains, Water Supply Pipes, Water Closets
and Other Plumbing Fixtures
21
5.4.15
Electrical Supply & Wiring
22
5.4.16
Voice Communication Section
22
5.4.17
Artificial Light
22
5.4.18
Windows & Window Lighting
22
5.4.19
Window ventilation
22
5.4.20
Ventilation (Mechanical)
22
5.4.21
Window Guards
22
5.4.22
Ventilation in Laundry Room, Garbage Room, Boiler Room 23
5.4.23
Maximum Person Residing in a Dwelling
23
5.4.24
Minimum Floor Area for Sleeping
23
5.4.25
Ceiling Height for Habitable Rooms - Dwelling Unit
23
5.4.26
Basement Requirements - Used as a Dwelling
23
5.4.27
Smoke Alarms
24
5.4.28
Carbon Monoxide Detectors
24
5.4.29
Duct Type Smoke Interlock Detector
24
5.5
STANDARDS FOR VACANT PROPERTIES
25
5.5.1
General
25
5.5.2
Additional Requirements for Vacant Non-Residential Buildings
25
5.5.3
Additional Requirements for Vacant Residential Buildings
25
5.5.4
Clearing and Leveling of Vacant Residential Buildings
25
5.5.5
Clearing and Leveling of Vacant Non-Residential Buildings
25
5.6
STANDARDS FOR HERITAGE PROPERTIES
25
5.6.1
General
25
5.6.2
Repair of Heritage Attributes
26
5.6.3
Replacement of Heritage Attributes
26
5.6.4
Alteration or Demolition of Heritage Properties
26
5.6.5
Vacant Heritage Properties
26
SECTION 6
CERTIFICATE OF COMPLIANCE
27
SECTION 7
PERMITS, AND ADMINISTRATION FEES
27
SECTION 8
COMPLIANCE
27
SECTION 9
ENFORCEMENT AND PENALTY
28
SECTION 10 VALIDITY AND SEVERABILITY
28
SECTION 11 REPEAL AND TRANSITION
28
SECTION 12 EFFECTIVE DATE
28
WHEREAS Section 15.1(3) of the Building Code Act, S.O. 1992, c.
23, as amended authorizes municipalities to enact by-laws prescribing
standards for the maintenance and occupancy of all property within the
municipality and for prohibiting the occupancy or use of such property that
does not conform with the standards; and for requiring any property that
does not conform with the standards to be repaired and maintained to
conform with the standards as described herein or the site to be cleared of
all buildings, structures, debris or refuse and the lands left in a graded
and level condition;
AND WHEREAS the Official Plan for The Corporation of the City of
Windsor includes provisions relating to property conditions as required by
Section 15.1(3) of the Building Code Act, S. O. 1992, c. 23, as amended;
AND WHEREAS Section 35.3 of the Ontario Heritage Act, (OHA)
R.S.O. 1990, c. 0.18 authorizes municipalities to pass by-laws to include
minimum standards for the maintenance of heritage attributes or properties
designated by the municipality under Section 29 or by the Minister under
Section 34.5 OHA, and require property that has been so designated, that
does not comply with the standards, to be repaired and maintained to
conform with the standards;
AND WHEREAS Section 391 of the Municipal Act, 2001, S.O.
2001, c. 25, as amended, provides that Council may, by by-law, impose
fees for services and activities provided or done by or on behalf of The
Corporation of the City of Windsor;
AND WHEREAS it is deemed expedient to repeal By-law 9-2019
replace it with a new consolidated By-law;
THEREFORE the Council of the Corporation of the City of Windsor
enacts as follows:
SECTION 1
SHORT TITLE
1.1 This by-law may be cited as the Property Standards By-law.
SECTION 2
DEFINITIONS
2.1 In this by-law:
ACCEPTABLE means:
(a) accepted by the Chief Building Official of the Corporation with
respect to matters under the Building Code; or
(b) accepted by the Property Standards Officer with respect to the
standards set out in this by-law.
ACCESSORY BUILDING means a completely detached building used for
an accessory use of the lot.
ACT means the Building Code Act, S.O. 1992, c. 23, as amended or
any successor thereof.
APPLIANCE means a device to convert fuel to energy and includes all
components, controls, wiring and piping required as part of the device by
the applicable standard referred to in the Building Code.
BARRIER-FREE means that a building and its facilities can be approached,
entered and used by persons with physical or sensory disabilities.
BASEMENT means one or more storeys of a building located below
the first storey.
BUILDING means a structure as defined in the Act.
BUILDING CODE means the Regulations made under the section 34 of the
Act.
CELLAR means any part of a building where the vertical distance from the
grade to the floor is greater than the vertical distance from the grade to the
ceiling above.
CHIEF BUILDING OFFICIAL means the Chief Building Official or his/her
designate duly appointed by the Council and having jurisdiction for the
enforcement of the Act.
CITY means The Corporation of the City of Windsor.
COUNCIL means the Council of the City.
CITY CLERK means the person duly appointed as Clerk for the City.
CRAWLSPACE means an enclosed space between the underside of a
floor assembly and the ground cover directly below, with a clearance of less
than 1.8 metres in height.
DERELICT BUILDING shall mean:
(a) a building which has been left vacant and/or neglected by the
owner for a period of 182 days or more; or
(b) a building damaged by fire, storm or other catastrophic event
where, in the opinion of the Officer the building is beyond
practical repair.
DUCT TYPE SMOKE DETECTOR means a device used to detect the
presence of smoke in the airstream of ductwork sections of the HVAC air
handling systems.
DWELLING means a building or structure that is occupied for the purpose of
human habitation. A correction institution, hotel, motel home, recreational
vehicle, tent trailer or travel trailer is not a dwelling.
DWELLING UNIT means a room or suite of rooms used by or designed to
be used by one (1) or more individuals as an independent and separate
housekeeping unit.
EXIT means that part of a means of egress, including doorways, that
leads from the floor area it serves to a separate building, an open public
thoroughfare or an exterior open space protected from fire exposure from the
building and having access to an open public thoroughfare.
FLOOR AREA means the maximum area contained within the outside walls
of a building or within the walls of a room, as the case may be.
GRADE means:
(a) The average elevation of the crown of that part of the street
abutting the front lot line. Where the elevation of a point on a
building located on the lot is equal to the grade elevation, that
point is deemed to be "at grade"; and
(b) Grade for an accessory building means the average elevation of
the finished surface of the ground adjacent to the accessory
building.
GUARD means a protective barrier installed around openings in floor
areas or on the open sides of a stairway, a landing, a balcony, a
mezzanine, a gallery, a raised walkway, and other locations as required to
prevent accidental falls from one level to another. Such barriers may or may
not have openings through them.
HABITABLE ROOM a room within a dwelling that is designed, legally used,
or able to be legally used for living, sleeping, cooking, or dining. A
washroom/bathroom within a dwelling unit is a habitable room.
HERITAGE ATTRIBUTES means;
(a)
The
attributes
or
features
of
property,
buildings
or
structures that contribute to the property's cultural heritage
value or interest that are defined or described or that can be
reasonably inferred
i. In a by-law designating a property passed under section 29
of the Ontario Heritage Act and identified as heritage
attributes, values, reasons for designation, or otherwise;
and
ii. In a Minister's order made under section 34.5 of the
Ontario Heritage Act and identified as heritage attributes,
values, reasons for designation or otherwise.
(b)
The elements, features or building components including,
roofs,
walls,
floors,
retaining
walls,
foundations
and
independent interior structures and structural systems that hold
up, support or protect the heritage values and attributes and
without which the heritage values and attributes may be at risk.
HERITAGE PROPERTY means real property, and includes all buildings and
structures thereon, in the City that:
(a) Has been designated by the City under section 29 of the
Ontario Heritage Act or by the appropriate Minister under
section 34.5 of the Ontario Heritage Act; or
(b) Is within a heritage conservation district pursuant to Part V of
the Ontario Heritage Act."
INTERCEPTOR (GREASE & OIL) means a plumbing device designed to trap
and separate grease, oil, and other non-soluble substances from wastewater
before it enters the sewage system.
LOW-IMPACT DEVELOPMENT (LID) is a term that describes through land
use planning and engineering design an approach to manage storm water as
part of green on-site infrastructure.
MAINTAINED means to carry out any repairs, reconstruction, refinishing or
replacement of any part or parts of the structure or building or appurtenances
including heating and ventilation equipment required so they may properly
perform the intended function.
MEANS OF EGRESS means a continuous path of travel provided by a
doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp
or other egress facility or combination thereof for the escape of persons from
any point in a building floor area, room or contained open space to a public
thoroughfare or other suitable open space and includes exit and access to
exits.
MULTIPLE DWELLING means one (l) dwelling, other than a double duplex
dwelling, attached dwelling or townhome dwelling, containing a minimum of
three (3) dwelling units.
NEGLECT means the failure of a property owner to maintain the property in
accordance with the standards set out in this by-law.
NON-RESIDENTIAL PROPERTY means a building or structure, or part of a
building or structure not occupied in whole or in part for the purpose of
human habitation, and includes the lands and premises appurtenant thereto
and all outbuilding fences or erections thereon or therein.
OCCUPANT means any person or persons over the age of eighteen years
in possession of the property.
OFFICER means a Property Standards Officer who has been assigned the
responsibility of administering and enforcing by-laws passed under Section
15.1 of the Act.
ONTARIO BUILDING CODE (OBC) means the regulations made under
section 34 of the Act.
ONTARIO HERITAGE ACT means the Ontario Heritage Act, R.S.O. 1990, c.
0.18 as amended.
ORDER means a written direction issued pursuant to the Act requiring
compliance with the standards prescribed by this by-law, and "orders" shall
have a corresponding meaning.
OWNER includes the registered owner, the person for the time being
managing or receiving the rent of the land or premises in connection with
which the word is used, whether on the person's own account or as agent
or trustee of any other person, or who would receive the rent if such land
and premises were let, or 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 of this by-law.
PARKING AREA means an area used for parking spaces, bicycle parking
spaces and loading spaces and includes all collector aisles and parking aisles
capable of being maintained for the parking of five (5) or more operable
motor vehicles. An outdoor storage yard is not a parking area.
PARKING GARAGE/STRUCTURE (STORAGE GARAGE) means a building
or part of a building that is intended for the storage or parking of motor
vehicles and that contains no provision for the repair or servicing of motor
vehicles.
PART IV HERITAGE PROPERTY means property designated under
section 29 or 34.5 of the Ontario Heritage Act.
PERSON includes any individual, an owner, occupant, agent, contractor,
tenant, firm, proprietorship, partnership, association, syndicate, trust,
corporation, department, bureau or mortgagee.
PRIVATE SEWAGE CONNECTION means the part of a private sewer
system which connects private property to a municipal sewer system and
includes: the tee or tap into the municipal sewer, the entire lateral from the
municipal sewer to 3 feet (1.0 metres) inside the building including the
cleanout tee fitting, the riser and cap/cast iron cover or sampling manhole
with cast iron frame and cover; but does not include storm drainage or storm
connections.
PRIVATE SEWAGE SYSTEM means a system contained on private property
consisting of a septic tank, treatment unit and/or leaching bed system
servicing a building(s) located wholly within the boundaries of the lot or parcel
of land.
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, retaining walls,
fences and erections thereon, whether heretofore or hereafter erected, and
includes vacant land.
REAR YARD DRAIN means a drainage system located in the backyard of a
property designed to collect and redirect excess rainwater.
REPAIR includes the provision of facilities, the making of additions or
alterations or the taking of any other action that may be required to ensure
that the property conforms to the standards established in this by-law to the
satisfaction of the Officer.
RESIDENTIAL PROPERTY means a building or structure or part of a
building or structure 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 the land and premises appurtenant
thereto and all mobile buildings or structures, outbuildings, retaining walls,
fences and erections thereon, whether heretofore or hereafter erected.
SAFE CONDITION means a condition that does not pose or constitute a
hazard or risk to life, limb or health of any person on or about the property,
and includes a structurally sound condition.
SERVICE ROOM means a room provided in a building to contain equipment
associated with building services.
SEWAGE means any liquid waste containing animal, vegetable or mineral
matter in suspension or solution, but does not include storm water.
SEWAGE SYSTEM means the City of Windsor's system of storm
sewers, sanitary sewers and combined sewers, or a private sewage disposal
system approved by the Chief Building Official within the City.
STOREY means that part of a building between any floor and the floor,
ceiling or roof next above. Any part of a storey exceeding 4.0 metres in
height is deemed to be an additional storey for each 4.0 metres, or fraction
thereof, of such excess. A cellar and that part of a building located entirely
within a sloping roof and having a ceiling height greater than 2.0 metres over
a floor area less than 50.0 percent of the area of the floor next below, is not a
storey.
STORM WATER means discharge from a surface as a result of rainfall,
snow melt and snow fall.
STORM WATER MANAGEMENT SYSTEM means an infrastructure
designed to manage the runoff of rainwater, including drains, pipes, detention
basins, storage facilities and other components.
SUITE means a single room or series of rooms of complementary use,
operated under a single tenancy, and includes dwelling units, boarding
houses, rooming houses and dormitories as well as individual stores and
individual or complementary rooms for business and personal services
occupancies.
TSSA means Technical Standards and Safety Act, 2000, S.O. 2000, c. 16.
UNSAFE
CONDITION
means
any
condition
that
could
b e
h a z a r d o u s t o the health or safety of any person authorized or
unauthorized on or about the property.
USER FEE SCHEDULE BY-LAW means a by-law to establish and require
the payment of fees and charges.
VACANT BUILDING shall mean a building which is neither used nor
occupied by the owner or a tenant under a signed tenancy/lease agreement,
for a period of more than 182 days.
WIRING means the installation of any wiring in or upon any land building, or
premises from the point or points where electric power or energy is delivered
therein or thereon by the supply authority or from the points where electric
power or energy can be used therein or thereon by any electrical equipment
and shall include the connection of any such wiring with any of the said
equipment and any part of the wiring aforesaid and shall also include the
maintenance, alteration, extension and repair of such wiring.
YARD means an open space, which is located on the same lot as a building
or other structure and is unoccupied and unobstructed from ground to sky
except for any encroachments not prohibited by the City Zoning By-law.
2.2
Any word or term not defined in this by-law shall have the meaning
ascribed to it in the Act or the Ontario Building Code.
SECTION 3
AUTHORITY
3.1
The Chief Building Official shall administer this by-law.
3.2
The Chief Building Official and appointed Officers are responsible for
enforcing this by-law.
SECTION 4
PROPERTY STANDARDS COMMITTEE
4.1
For the purpose of this by-law, there is hereby established a Property
Standards Committee which shall be composed of not fewer than
three members, who shall remain in office at the pleasure of Council.
4.2
The Council of the City may appoint members of the Property
Standards Committee, to coincide with the term of Council of the
City. The members of the Property Standards Committee shall be
paid such compensation as the Council may provide, and when a
vacancy occurs in the membership of the Property Standards
Committee, the vacancy shall forthwith be filled.
4.3
The members of the Property Standards Committee shall select one
of themselves to act as chair, who shall preside at all meetings
thereof. In case of the absence of the chair, the Property Standards
Committee may appoint another member as acting chair.
4.4
A majority of the members of the Property Standards Committee
shall constitute a quorum and the Property Standards Committee
may adopt its own rules of procedure.
4.5
Any member of the Property Standards Committee may administer
oaths.
4.6
The Property Standards Committee shall appoint a secretary who
shall keep on file minutes and records of all applications and the
decisions thereon, and all other official business of the Property
Standards Committee, and Section 253 of the Municipal Act, 2001,
S.O. 2001, c.25, as amended, applies with necessary modifications
to such documents.
4.7
The Property Standards Committee shall give notice or direct that
notice be given of the hearing of an appeal to such person(s) as the
Property Standards Committee considers advisable.
4.8
An owner who appeals an order shall pay the fee as outlined in the
City of Windsor User Fee Schedule, as passed and amended by
Council, from time to time, at the time the appeal is filed.
SECTION 5
STANDARDS
5.1
The standards for the maintenance and occupancy of property set
out in this by-law, are adopted as the minimum standards for all
property within the City.
5.2
STANDARDS FOR ALL PROPERTIES
5.2.1
Maintain Safe and Sanitary Condition
Every owner or occupant of a property shall maintain the property
or part thereof they occupy or control in a clean, sanitary and safe
condition in accordance with this by-law.
5.2.2
Tenant/Occupant Requirements for Floor, Wall, Ceiling &
Fixtures
Every owner or occupant of a property shall maintain every floor,
wall, ceiling and fixture, under his/her/its control in a clean,
sanitary and safe condition.
5.2.3
Storage of Garbage, Refuse, Appliances or Furniture in a Means
of Egress
Accumulations or storage of garbage, refuse, appliances or furniture
by either the occupant or owner in a means of egress shall not be
permitted.
5.2.4
Structural
Every part of a property shall be maintained in a structurally sound
condition so as to be capable of sustaining its own weight, the
loads due to the use and occupancy, and the loads imposed by
natural causes such as wind, rain and snow as set out in the Building
Code regulations made under Section 34 of the Act.
5.2.5
Structural Engineer's Report
Where, in the opinion of the Officer, there is doubt as to the structural
condition or adequacy of the building or part thereof, the Officer may
order that a building or structure or part thereof be examined by a
professional engineer qualified to perform such inspections and
licensed to practice as an engineer in Ontario, at the owner's
expense, and that a written report, which may include drawings
detailing recommended remedial work, be provided to the Officer.
5.2.6
Foundations
In every building or structure, the foundations, piers, posts or other
similar supports shall be maintained in good repair and structurally
sound. Where necessary, foundation walls shall be extended to a
depth of 1,070 mm below finish grade, provided with subsoil drains
at the footings, shored, waterproofed, and treated or repaired to
prevent
moisture
penetration
or
footing
settlement.
Every
foundation wall, basement, cellar or crawlspace shall be maintained
so as to protect the building against deterioration, including that
due to weather, water entry, dry rot, and infestation by rodents,
vermin or insects. The perimeter of slab on grade type foundations
shall be maintained to prevent rodent infestation.
5.2.7
Exterior Walls
All exterior walls shall be maintained in a watertight condition and in
good repair so that they remain straight, level and plumbed (unless
otherwise designed), presenting an appearance that is uniform and
neat in the opinion of the Officer and free from any damaged,
defective, unsecured or deteriorated materials and any conditions
that may result in the infestation of rodents, vermin or insects.
Appropriate measures shall be taken to remove any stains or other
defacement occurring on the exposed finished exterior surfaces and,
where necessary, to restore the surface and adjacent areas to, as
near as possible, their appearance before the staining or defacement
occurred.
5.2.8
Exterior Doors & Windows
Exterior doors, windows and skylights shall be maintained in
good repair and weather tight. Rotted and defective doors, door
frames, window frames, sashes and casings shall be renewed and
defective door and window hardware, weather stripping, caulking
and broken glass shall be replaced. Repairs to windows shall be i)
reglazing, or refitting with panes of transparent glass; or ii) the use of
other materials which are compatible in finish and colour with the
remainder of the facade of the building on which the broken window
is located, provided such other material are of an appropriate
thickness, have sufficient structural support, and are installed so that
no broken glass is visible for the exterior of the building. Replace
defective, damaged or missing hardware and locking devices: sash
controls.
5.2.9
Stairs, Porches, Landings, Loading docks, Balconies, Canopies,
Awnings, Fire Escapes
All stairs, porches, landings, loading docks, balconies, canopies,
awnings, fire escapes together with any guard, balustrade, railing,
screen or other appurtenance attached thereto shall be maintained in
good repair and in a safe and structurally sound condition.
5.2.10 Required Handrails or Guards at Stairs
A handrail or guard shall be provided and maintained in good repair
as follows:
i. at least one side of stairs less than 1 100 mm in width;
ii. two sides of stairs 1 100 mm in width or greater;
iii.
two sides of a curved stair used as an exit;
iv.
handrails are not required for stairs
(i) within dwelling units having not more than 2 risers; or
(ii) for exterior stairs having not more than 3 risers and serving
not more than one dwelling unit.
v.
only one handrail is required on exterior stairs having more
than 3 risers provided such stairs serve not more than one
dwelling unit;
vi.
except as required in (b) & (c), one handrail may be provided
centrally for stairs up to 2.4 m wide; and
vii. handrails shall have a maximum uniform height of 920 mm
when measured vertically from a line drawn through the outside
of the stair nosing and minimum uniform height of 800 mm.
5.2.11 Height of Guards
A guard shall be installed and maintained in good repair as follows:
(a) Except for the edges of the floor pits in repair garages and
loading docks, every surface to which access is provided for
other than maintenance purposes, including but not limited to
exterior
lands,
porches,
decks, balconies,
mezzanines,
galleries, raised walkways and roofs, shall be protected by a
guard having a minimum height of 900 mm on each side
which is not protected by a wall and where there is a
difference in elevation to adjacent surfaces of more than 600
mm. Except that a guard of 710 mm minimum height is
acceptable for exterior porches, decks and balconies where the
vertical drop from the open side exceeds 600 mm but does not
exceed 1 800 mm.
(b) Every exterior stair with more than 6 risers and every ramp
shall be protected with guards on all open sides where the
difference in elevation between the adjacent ground level and
the stair or ramp exceeds 600 mm.
(c)
When an interior stair has more than 2 risers, the side of the
stair and the landing or floor level around the stairwell shall
be enclosed by walls, or be protected by guards, except that a
stair to an unfinished basement in a dwelling unit is permitted to
have 1 unprotected side.
5.2.12 Openings in Guards
Guard - Openings
Guards for residential occupancies shall have no openings which
would permit the passage of a spherical object having a diameter of
100 mm unless it can be shown that the location and size of such
openings which exceed this limit does not represent a hazard.
Guards - Not to Facilitate Climbing
Guards around exterior balconies, porches and decks of buildings of
residential occupancy shall be constructed and maintained not to
facilitate climbing.
5.2.13 Stair Requirements
Stairs
(a) Stairs - Interior - Single Unit Dwelling
The stair tread rise and run for residential interior single dwelling unit
shall not exceed the following unless existing acceptable to the
Officer:
(i) Maximum rise 210 mm
(ii) Minimum tread 230 mm
(iii) Minimum run 200 mm
(iv) If run is less than 240 mm, a 25 mm nosing is required
(b) Stairs - Residential - Not Within
(i) Maximum rise 210 mm
(ii) Minimum tread 240 mm
(iii) Minimum run 212 mm
(iv) If run is less than 240 mm, a 25 mm nosing is required
(b) Stairs - Non-residential
(i) Rise minimum 125 mm, maximum 200 mm
(ii) Minimum run of 230 mm, must be uniform
(iii) If run is less than 240 mm, a 25 mm nosing is required
(iv) Existing winders of not more than 3 in 90 degrees and not
more than 1 set between floors are permitted and where
each tread is not less than 30 degrees and each tread is
not greater than 45
(c) Stairs - Service Rooms - curved/spiral
Stairs may exceed the requirements in 1.13 (c) if serving only service
rooms, service spaces and other rooms unused in industrial
occupancies serving equipment and machinery, or existing curved
and spiral stairs in dwelling units acceptable to the officer.
5.2.14 Roofs, Chimneys, Fascia, Soffit, Antennas, Solar Panels
All roofs, including chimneys, stacks, masts, lightning arresters,
antennas, fascia, soffits, flashings, solar panel and supports, and
other roof structures shall be maintained in good repair, watertight
and structurally sound condition. Such maintenance may include,
but is not limited to: a) removal of loose, unsecured objects or
materials b) keeping roofs and chimneys weather tight and free from
leaks and/or defects.
5.2.15 Eaves Troughs
Water runoff from roof surfaces shall discharge into an eaves trough
or gutter and thence to a downpipe, discharging directly to grade
with an appropriate extension away from the building to prevent
flooding, erosion and other nuisance to neighboring properties.
Discharge into the municipal storm system may be permitted if
approved or authorized by the City Engineer or Chief Building
Official or his/her designate.
5.2.16 Storm Water Management and Rear Yard Drain Maintenance
Property owners must ensure the effective operation and
maintenance of their rear yard drains and storm water management
systems as designed, thereby protecting their property and the
surrounding environment.
5.2.17 Ventilation Systems
All properties provided with designed mechanical ventilation systems
shall operate the system on a continuous basis. The system controls,
louvers and associated equipment shall be maintained in safe
working order.
5.2.18 Chimneys, Prefabricated Chimneys & Vents
Every chimney, prefabricated chimney, smoke pipe, flue and gas
vent in use or available for use in a building shall:
(a) be of a type listed for the appliance for which it is being
used, properly secured, free from fire hazards and unsafe
conditions;
(b) be maintained so as to prevent the escape of combustion
gases into the building;
(c)
be adequately supported as to maintain proper alignment;
(d) be kept clear of obstructions;
(e) be sealed at all joints or tightly sealed; and
(f)
all deteriorated and/or loose masonry shall be repaired.
5.2.19 Fuel Burning Heating Equipment
All fuel burning heating equipment shall:
(a) be connected to a chimney or flue, which vents to the exterior
of the building;
(b) be furnished with an adequate supply of combustion air to
ensure proper combustion of the appliance; and
(c)
be maintained in a good state of repair and in a safe operating
condition.
5.2.20 Water Supply Premise Isolation
All water supply cross connection devices specifically designated as
"Premise isolation" or other testable devices located on the property
shall be tested annually by a licensed tester at the expense of the
owner or agent of the owner in accordance with the most recent
edition of the CSA STANDARD listed in the Ontario Building Code
for selection and installation of backflow preventers, proof of testing
shall be provided upon request by the Officer.
5.2.21 Sewage Discharge
All sewage shall be discharged directly into the municipal sewage
system where one is available. Where a municipal sewage system
is not available, an alternate means of disposal, acceptable to the
Officer, shall be used and maintained in good repair. The
maintenance of a private sewage system shall include i) septic tanks
ii) leaching beds iii) dry wells.
5.2.22 Maintenance of Private Sewer Connections
All private sewer connections must be maintained free from
blockages, collapse or unacceptable conditions.
5.2.23 Sewers: Properties Services By
A property shall be deemed to be serviced by an available City
sewer system if the sewer system is within 30.0 metres of any
said property abutting municipal rights-of-way. In the e ve nt a City
sewer system becomes available, the property owner will have one
(1) year to connect to the available sewer and decommission the
private sewage system per section 5.2.25. The availability of the
sewer will be determined by the City Engineer.
5.2.24 Backwater Valves
Backwater valves installed on building drains must be maintained to
provide an effective barrier to municipal backups.
5.2.25 Decommissioning of Private Sewage System
To decommission, septic tanks, treatment units, leaching beds or dry
wells they shall be pumped dry and the contents disposed of at a
suitable disposal site and a receipt of the disposal fee shall be
submitted to the Officer. The tanks treatment units or dry wells shall
be disposed of to the satisfaction of the Officer, cavities shall be filled
with sand or other suitable material and the ground graded to match
existing grades. Existing building drain(s) not being reused shall be
removed from the foundation wall and the foundation wall shall be
repaired and made impervious to water.
5.2.26 Damaged Vacant Building
A vacant building or structure damaged by fire, storm or other
causes, shall be repaired to its original condition or demolished
within 182 days of the issuance of an Order.
Until the necessary repair or demolition can be undertaken, the
building or structure shall be supported and barricaded to avoid
unauthorized entry, prevent fire hazards and prevent unsafe
conditions.
5.2.27 Damaged Building
Every building damaged by fire, storm, or other unintended
causes until repairs have been completed shall effectively:
(a) be protected against the further risk of fire, or unsafe
conditions;
(b) be secured to prevent the entrance thereto of unauthorized
persons; and
(c)
have the exterior building envelope sealed with an appropriate
material to protect the interior from rain, snow or other
environmental elements that would cause the building to
further deteriorate.
5.2.28 Materials Used to Board Buildings
All materials used to board vacant buildings damaged by fire, storm,
or other unintended causes, shall be tight fitted plywood, composite
panels or wood boards painted with an exterior grade paint so that
the colour compliments the building's exterior elements and is
acceptable to the Officer.
5.2.29 Demolition of a Building
Where a building or structure is demolished:
(a) the site shall be cleared of all rubbish, debris, refuse, masonry,
lumber and other materials and left in a graded and leveled
condition;
(b) unless new construction is to commence immediately on the
same footings and/or foundation walls, the footings and
foundations shall be removed unless authorized and described
on the demolition permit by the Chief Building Official;
(c)
only clean, inert, native material or granular material approved
by the Chief Building Official shall be used as backfill;
(d) building rubble including but not limited to, broken bricks
and concrete, shall not be acceptable as backfill material;
(e) building services such as gas, electrical and water lines,
sewer lines, and other such services, shall be properly
abandoned per the City Engineer's best engineering practice
standards and the authority having jurisdiction; and
(f)
the site shall be properly graded, grass seeded and otherwise
restored to the satisfaction of the Officer to ensure that water
will not pond on the site, or drain onto adjoining properties.
5.2.30 Demolition of Part of a Building
Where part of a building or structure has been demolished, the
exterior walls of the remaining part of the building or structure shall
comply with the requirements of this by-law and the walls shall be
finished with a parge coat of cementitious mortar or otherwise
treated with a protective coating to prevent the entry of water into
the building and to present a neat and uniform appearance, in the
opinion of the Officer, free from the outlines of partitions, stairs,
doors, floors, signs and from areas of multi-coloured paint or
wallpaper.
5.2.31 Yard Rubbish, Debris
All properties and every yard shall be kept clean and free from
rubbish, brush or other debris and from objects or conditions, such
as holes or excavations, that might create a fire hazard or unsafe
conditions.
5.2.32 Buffering and Screening Garbage Containers
Where commercial, industrial or multi-residential on site garbage
containers are visible from a residential property or from a public
street, the area where the receptacles are being stored shall be
buffered and screened from adjoining or nearby residential
properties or public areas so as to minimize the effect of the
nuisance in accordance with applicable municipal by-laws.
Without limiting the generality of the foregoing, such buffering and
screening shall be acceptable to the Officer, and shall include the
provision and maintenance of an effective system to cover, contain,
screen and facilitate the collection and removal of waste materials
and debris.
5.2.33 Lighting & Walkways-Multiple Dwellings and Non-Residential
Regarding yard conditions:
(a) In yards of multiple dwellings and non-residential properties,
sufficient lighting of exterior property areas shall be provided to
minimize any danger to persons using walkways;
(b) All exterior lighting standards and fixtures shall be kept in a
safe condition, in working order, in good visual condition and
must be compliant with the City's lighting by-law; and
(c)
Walkways shall be maintained, resurfaced or re-graded as
necessary to ensure a reasonably smooth, slip free and safe
surface for pedestrian traffic.
5.2.34 Water From Downspouts and Sumps
The storm water run-off from all downspouts, sump pump
discharges or impervious surfaces shall be designed and
maintained so as to discharge water run-off away from the building
and to prevent flooding, erosion and other nuisance to neighboring
properties.
5.2.35 Retaining Walls
Retaining walls, signs and all structures appurtenant to a property
shall be maintained in good repair, free from unsafe conditions
including fire hazards and capable of safely performing the function
for which they were designed.
5.2.36 Sound Barriers
Existing barriers and berms required for sound attenuation and
train safety shall be maintained safe, plumb, unless designed
otherwise and structurally sound.
5.2.37 Parking Areas
All parking areas shall be:
(a) entirely paved and maintained with a hard surface consisting
of concrete, asphalt, paving brick or block or similar material
acceptable to the Chief Building Official that is free from
excessive cracks, pot holes, and delaminating;
(b) provided with an internal drainage system satisfactory to the
Officer, which discharges into the municipal storm system as
approved by the City Engineer's Office;
(c)
provided with a minimum 150 mm in height curbs or curb
stops secured to minimize the risk of vehicles damaging
fences, lamp standards and other structures, and to restrict
access to untraveled portions of City rights-of-way;
(d) provided with sufficient full-cut off lighting compliant with City's
LISS Council Resolution 228/2005; and
(e) provided with visible markings and islands, to indicate parking
spaces, ingress and egress routes.
Note:
Parking areas using 'Low Impact Design' (LID) criteria that have
been approved and constructed pursuant to the City's Site Plan
Control by-law are exempt from section 5.2.37.
5.2.38 Fire & Suppression Systems
Fire detection systems, fire alarm systems, standpipe and sprinkler
systems, where required, shall be maintained in working condition
and records for the routine testing and maintenance of these
systems shall be readily available for the Officer's review upon
demand.
5.2.39 Fire Separations
The integrity of all required fire separations and associated smoke
seals and fire stopping systems shall be maintained.
5.2.40 Elevators, Hoists, Lifts, Moving Walkways & Escalators
Elevators, hoists, lifts, moving walkways and escalators shall be
maintained
in working order and in accordance with the
requirements of the TSS Act, 2000, S.O., 2000, c 16 as amended
from time to time, and any regulations made there under. Including
lighting fixtures, elevator buttons, floor indicators and ventilation fans.
Routine testing and maintenance records of these systems shall be
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readily available for the Officer's review upon demand. Repair of
inoperable elevators shall be done as expeditiously as possible.
5.2.41 Refuse Chute System
Where a refuse chute system was originally provided in a multiple
floor building, the system shall be maintained except that acceptable
alternatives may be provided if facilities are readily accessible to
occupants. Refuse chute systems, disposal rooms, containers and
receptacles shall be washed down, disinfected and maintained as is
necessary to be clean, odour free and in good working order and
repair.
5.2.42 Parking Garage & Parking Structures Requirements
Parking garages and parking structures shall be:
(a) maintained in a clean, structurally sound, free from defects and
safe condition;
(b) adequately ventilated at all times to provide (3.8L/s/m²) of floor
area minimum if ventilated by mechanical means unless the
system is controlled by a Carbon Monoxide detection system;
(c)
the ventilation systems referenced in sentence (b) shall be
maintained in proper working order, free from defects;
(d) where the officer has doubts to the effectiveness of the
ventilation and/or carbon monoxide detection system, can at the
owners expense order testing to confirm compliance with
sentence (b);
(e) adequately lighted at all times, so that the number and
arrangement of light fixtures is such as to provide an
average level of illumination of at least 54 lux at floor level
over the entire floor area with a minimum level of 11 lux at
any location on the floor;
(f)
equipped with wire screens or other suitable means of
protection for lighting fixtures, so as to prevent accidental or
malicious damage; and
(g) shall be provided with an effective fire separation and barrier to
the passage of gas and exhaust fumes from any part of the
parking garage into any other part of the building used or
intended to be used for human occupancy.
5.2.43 Barrier-free Buildings
All existing barrier-free requirements shall be maintained in existing
buildings required to be barrier-free.
5.2.44 Barrier Free Buildings - Types of Classes
The following types of classes of buildings and structures shall be
upgraded to provide barrier free access at the principal entrance to
the following buildings:
(a) medical and dental facilities with more than one (1) doctor;
(b) places of public assembly occupancy including schools,
colleges, universities and places of instruction/training;
(c)
banks and other financial institutions;
(d) restaurants with more than 60 seats;
(e) rest homes and lodging homes; and
(f)
commercial occupancies including retail stores and offices,
but limited to those that are more than three storeys in
height or more than six hundred square meters in floor area.
5.2.45 Barrier Free Requirement Do Not Exceed the Standards
Barrier free requirements shall not be required to exceed the
standards contained in the Ontario Building Code.
5.2.46 Accessibility to persons with Disabilities
A requirement of Section 5.2.44 and 5.2.45 shall be deemed to be
complied with if, in the opinion of the Officer, the building will
provide accessibility to persons with disabilities, taking into
consideration physical limitations in the design of the building that
may make some upgrading impractical.
5.2.47 Rodents, Vermin, Termites, Injurious Insects & Other Pests
Every dwelling property owner, and every occupant in that part of a
property that he or she controls, shall maintain the property free
from rodents, vermin, termites, injurious insects and other pests, and
from conditions which might encourage infestation by such pests.
Methods used for exterminating rodents or insects or both shall be in
accordance with the provisions of the Pesticides Act, R.S.O. 1990,
Chapter P.11, as amended, and all regulations enacted pursuant
thereto.
5.2.48 Means of Egress/Exit
Means of egress(s):
(a) Every dwelling shall have safe, continuous and unobstructed
passage or means of egress from the interior of each dwelling
unit contained therein to the exterior of the dwelling at or near
street or grade level;
(b) Except as provided in sentence (c), every dwelling, containing
dwelling units located other than on the first floor or the floor
directly above the first floor, shall provide a second means of
egress from such dwelling units to the exterior of the dwelling at
or near grade level;
(c)
A second means of egress shall not be required from any
dwelling unit having a separate or self-contained means of
egress to the exterior of the dwelling at or near grade level; and
(d) A required means of egress shall not pass through an attached
or built-in garage or an enclosed part of another dwelling unit.
5.2.49 Equipment
All equipment, components and supplies or replacement equipment,
components and supplies must be Canadian Standards Association
approved or otherwise listed in a manner consistent with the Ontario
Building Code as amended or other authority having jurisdiction.
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5.2.50 Building Used as Illegal Marijuana Grow Operations
Buildings identified by police services as illegal marijuana grow
operations will require the following:
(a) Mould Air Quality Report- at the owner's expense, a report
prepared by a Certified Air Quality Assessment professional,
trained and knowledgeable in this field, detailing mould spore
samples and related air quality. The owner will undertake the
appropriate remediation outlined in the report. The owner will
also provide a follow-up report, at their own expense, which
confirms that air quality levels consistent with a healthy
environment have been attained at the premises, to the
satisfaction of the Property Standards Officer;
(b) Structural Report - where the Officer has doubt as to the
structural condition or adequacy of the property, the Officer
may require compliance with section of 5.2.5 this by-law; and
(c)
Electrical Report - where an Officer has reason to believe the
building electrical system may pose an unsafe condition, may
require at the owners expense the submission of an Electrical
Safety Authority Clearance Certificate to the Officer.
5.3
STANDARDS FOR NON-RESIDENTIAL PROPERTIES
5.3.1
Maintain Safe & Sanitary Conditions
Every owner or occupant of a property shall maintain the property or
part thereof they occupy or control as follows:
(a) in a clean, sanitary and safe condition, free from litter,
garbage and debris, including such litter and garbage as may
be left by customers or other members of the general public,
and shall provide containers for the disposal of such litter or
garbage; and
(b) free from objects or conditions which create fire hazard or
unsafe conditions.
5.3.2
Ventilation
All non-residential properties shall be adequately ventilated by
natural or mechanical means on a continuous basis, in a safe and
working order and with regard to the operations carried on therein, to
ensure that persons within the property are not exposed to
conditions deleterious to their health or safety as described in the
current
edition
of
the
American
National
Standards
Institute/American Society of Heating. Refrigerating and Air
Conditioning Engineers. (ASHRAE) Standard 62.1.
5.3.3
Lighting
In all parts of a non-residential building, a minimum level of
illumination of 50 lux shall be provided and maintained which will
adequately protect all persons within the building from unsafe
conditions.
5.3.4
Heating Systems
All non-residential buildings, or parts thereof, normally heated, shall
be provided with a heating system maintained in a safe and working
order, free from unsafe conditions or fire hazards and capable of
supplying sufficient heat to maintain a minimum indoor temperature
of 18° C during hours of occupancy.
5.3.5
Boiler Space Heating
Boiler space heating shall be provided with backflow prevention and
annually tested in compliance with the most current CAN/CSA
Standard "Manual for the Selection and Installation of Backflow
Prevention Devices" listed in the Ontario Building Code. Test reports
shall be provided to an Inspector upon request
5.3.6
Plumbing Systems, Fixtures & Appliances
Plumbing systems, fixtures and appliances in all non-residential
buildings shall be maintained in good working order, free from
cross-contamination potential, and free from leaks and defects.
5.3.7
Grease Interceptors
Where food is cooked processed or prepared for the pubic, all
plumbing fixtures located in the wash-down area shall discharge
through a grease interceptor which is maintained in accordance with
the most current edition of CAN/CSA Standard "Maintenance of
Grease Interceptors" listed in the Ontario Building Code.
5.3.8
Interceptors (Grease & Oil)
Interceptors shall be professionally designed, installed and
maintained in accordance with the manufacture's design and
maintenance guidelines or a recognized industry standard.
5.3.9
Fume/Gas Separations
In a building used in part for residential purposes, and in part for
non-residential purposes, wherein noxious fumes, or gases are, or
could be, present, all separations between the non-residential
portion and the residential portion shall be of gas-tight construction
and maintained in a good state of repair so as to effectively prevent
the passage of noxious fumes, or gases through the separation.
5.4
STANDARDS FOR RESIDENTIAL PROPERTIES
5.4.1
Cabinet, Cupboard, Shelf & Counter Top Condition
Every cabinet, cupboard, shelf and counter top in a dwelling unit
shall be maintained in a structurally sound condition, free from cracks
and deterioration.
5.4.2
Interior Cladding of Walls & Ceilings-Mould Air Quality Report
Interior claddings of every wall and ceiling shall be maintained so as
to be free of large holes, cracks, leaks, deteriorating material, visible
mould and mildew, and loose material.
5.4.3
Water Penetration Related to Mould
Water penetration related to mould- Any condition in a building,
including but not limited to water penetration, humidity or inadequate
ventilation, which may relate to the creation and growth of mould,
shall be repaired or removed. Mould Air Quality Report- If in the
opinion of the Property Standards Officer, the mould accumulation is
excessive so as to cause a health hazard, the owner will provide, at
-
the owner's expense, a report prepared by a Certified Air Quality
Assessment professional, trained and knowledgeable in this field,
detailing mould spore samples and related air quality. The owner will
undertake the appropriate remediation outlined in the report. The
owner will also provide a follow-up report, at their own expense,
which confirms that air quality levels consistent with a healthy
environment have been attained at the premises, to the satisfaction
of the Property Standards Officer.
5.4.4
Floors & Finished Flooring
Floors
and
finished
flooring
(including
carpeting)
shall
be
maintained in a structurally sound condition and be free f r o m of
visible mould and mildew, holes, cracks or other defects which may
cause an unsafe condition or trip hazard.
5.4.5
Window & Door Panel Maintenance
Cracked and broken glass in door panels, missing screens, and
missing windows shall be replaced with approved glass or similar
materials. All operable windows and all doors shall be capable of
being opened from the inside without the use of specialized tools
and maintained in good repair. All materials referred to in this
section shall be to the satisfaction of the Officer to provide an
acceptable level of fire protection.
5.4.6
Heating System
Every dwelling and every dwelling unit shall be provided with a
heating system maintained in a good state of repair and in safe
operating condition capable of maintaining "adequate and suitable
heat" specified in the City of Windsor Vital Services by-law. Room
temperature shall be determined at any point in the room, for the
purposes of this by-law "adequate and suitable" means that the
minimum temperature of the air in the accommodation which is
available to the tenant or lessee is 22 ºC. All common areas or
internal entrance ways in a multiple dwelling shall be provided with
heating systems capable of maintaining a minimum temperature of
not less than 18 ºC.
5.4.7
Heating Systems, Stoves, heating Appliances, Fireplaces,
Chimneys, Pumps & Filtration Equipment
Heating systems, including stoves, heating appliances, fireplaces,
chimneys, fans, pumps and filtration equipment shall be maintained
in a good state of repair and in a safely operable condition.
5.4.8
Portable Heating Equipment
No dwelling unit shall be equipped with portable heating equipment
as the primary source of heat.
5.4.9
Approved Heating Equipment
Only heating equipment approved for use by a recognized standard
testing authority shall be provided in a room used or intended for
use for sleeping purposes.
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5.4.10 Parking Garage - Noxious Fumes
Every parking/storage garage serving a residential use shall be
provided with a fire separation (if required) and an effective barrier to
the passage of gas and exhaust fumes from any part of the
parking/storage garage into any other part of a dwelling unit or
multiple dwelling used or intended to be used for human occupancy
inclusive of doors between a parking garage and remainder of the
building.
5.4.11 Bathroom Facilities & Personal Privacy
Unless specifically exempted under other governmental regulations,
every dwelling and dwelling unit shall be provided with at least a
water closet (toilet), a wash basin, a bath tub or shower, and a
kitchen sink, all of which shall be maintained in good working order,
free from cross-contamination potential, and free from leaks and
defects. The water closet, wash basin, bath tub and/or shower shall
be located within, and be accessible from within, the dwelling or
dwelling unit and shall be located and equipped to afford privacy,
secured from the inside and can be opened from outside the room in
an emergency.
5.4.12 Location of Toilet/Urinal
No toilet or urinal shall be located in a room used for or intended to
be used for sleeping or preparing, consuming or storing food.
5.4.13 Hot/Cold Running Water
Hot water at a temperature of at least 43 ºC , and cold running water
shall be provided in a capacity that will produce a flow in the fixture
that will flush the fixture and keep it in a sanitary condition.
5.4.14 Plumbing, Including Drains, Water Supply Pipes, Water Closets
and Other Plumbing Fixtures
All plumbing, including drains, water supply pipes inside a building
and outside a building, water closets, back water valves, 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.
5.4.15 Electrical Supply & Wiring
Every dwelling and dwelling unit shall be wired for electricity and
shall be connected to an approved electrical supply system.
The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide
adequate capacity for the use and intended use of the building and
such connections, circuits, wiring and outlets along with any fuses,
circuit breakers and other appurtenances thereto shall be installed
and maintained:
(a) In compliance with the respective requirements of the Electrical
Safety Code and Building Code;
(b) In good working order and good repair; and
(c)
In a safe condition.
5.4.16 Voice Communication Section
In multiple dwellings where a voice communications system between
each dwelling unit and the front lobby and security locking and
release facilities for the entrance, have been provided and are
controlled from each dwelling unit, such facilities shall be maintained
in good repair.
5.4.17 Artificial Light
Adequate artificial light shall be available at all times, in all
habitable r o o m s , common areas, means of egress, exits and
corridors.
5.4.18 Windows & Window Lighting
Every habitable room in a dwelling, except a kitchen, shall
maintain an outside window or windows which shall be maintained
in good repair, and which shall have a total light transmitting area
of not less than five per cent (5%) of the floor area of the room for
bedrooms, and not less than ten per cent (10%) of the floor area
for all other habitable rooms.
5.4.19 Window ventilation
Every habitable room in a dwelling shall contain windows that are
capable of being opened from the inside or vents providing a
minimum unobstructed ventilation area to the outdoors of 0.14
square metres per occupant for sleeping areas, and a minimum of
0.28 square metres per occupant for all other habitable rooms.
Every bathroom or water closet room shall contain windows capable
of being opened from the inside, or vents, providing a minimum
unobstructed ventilation area to the outdoors of 0.09 square metres;
and every unfinished basement or cellar area shall contain said
windows or vents providing a minimum unobstructed ventilation area
to the outdoors equal to 0.2 per cent (0.2%) of the floor area.
5.4.20 Ventilation (Mechanical)
In lieu of the natural ventilation required by section 5.4.19,
acceptable mechanical ventilation directly to the exterior shall be
permissible. The system shall be capable of providing at least one
(1) air change per hour for the room being served.
5.4.21 Window Guards
Every window in a leased dwelling unit that is located above the
first storey of a multiple dwelling shall be equipped with an
approved guard or a safety mechanism that would prevent any part
of the window from opening greater than would permit the passage
of a 100 mm diameter sphere. Such safety devices shall offer
protection to the height of at least 1.07 m above the floor but shall
not prevent the windows from being fully opened by an adult without
the use of tools during an emergency.
5.4.22 Ventilation in Laundry Room, Garbage Room, Boiler Room
In dwellings, every laundry room, garbage room corridor, boiler
room, storage garage and all parts of the building used by the
tenants in common shall be adequately ventilated, and where a
system of mechanical ventilation is used it shall be maintained in
good working condition.
5.4.23 Maximum Person Residing in a Dwelling
The maximum number of persons residing in a dwelling unit shall not
exceed one person for each 9 square metres of habitable room floor
area.
5.4.24 Minimum Floor Area for Sleeping
A room used for sleeping purposes shall have a minimum floor
area of 6 square metres and shall not be occupied by more than
1 person for each 4 square metres of floor area thereof.
5.4.25 Ceiling Height for Habitable Rooms - Dwelling Unit
(a) Minimum room height shall not be less than 1950 mm over the
required floor area and in any location that would normally be
used as a means of egress; or
(b) Minimum room height shall not be less than 2010 mm over at
least 50% for the required floor area, provided that the floor
having a clear height of less than 1400 mm shall not be
considered in computing the required floor area.
(c)
Minimum clear heights under beams and ducting shall be not
less than 1850mm
(d) Sentence (a) or (c) shall be contiguous with the entry or entries
to those rooms or spaces.
5.4.26 Basement Requirements - Used as a Dwelling
No basement or portion thereof shall be used as a dwelling unit
or habitable rooms of a dwelling unit, unless it meets the following
requirements:
(a) Basement ceiling heights comply with the requirements of
section 5.4.25;
(b) Access to each habitable room shall be gained without
passage through a furnace room, boiler room or storage room;
(c)
In the calculations referred to in Section 5.4.18 provided that
one-half of the total area of such windows is above the top of
the window well. Where less than half the light transmitting
area of a window is above the top of a window well, only
that area of the window above the top of the window well
may be counted in the calculations;
(d) The minimum required unobstructed ventilation area to the
outdoors shall not be limited to the requirements of Section
5.4.19, if, in the opinion of the Officer, the location of windows
that are capable of being opened or vents, providing such
ventilation, is such as to create a poorly and inadequately
ventilated room;
(e) Except where a door on the same level as the bedroom
provides direct access to the exterior, every floor level
containing a bedroom in a suite shall be provided with:
i) At least one window that can be opened from the inside
without the use of tools; and
ii) At least one window shall, in every bedroom, provide an
unobstructed open portion having a minimum area of
.35 m2 with no dimension less than 380 mm.
(f)
Each habitable room shall be separated from service rooms by
a suitable fire separation in compliance with Ontario Building
Code Regulations.
5.4.27 Smoke Alarms
Every dwelling unit shall be equipped with an approved smoke
alarm(s) conforming to the current edition of the OBC regulations that
shall be:
(a) Installed on every floor level in proximity of bedrooms and in
conformance
with
the
manufacturers'
instructions
or
recommendations for installation;
(b) Clearly audible within sleeping areas even though the doors to
the sleeping areas may be closed;
(c)
Either wired directly into the electrical system without a
disconnect switch, or be battery powered. Sufficient additional
replacement batteries shall be maintained nearby at all times
as replacements for the smoke alarm, should it be battery
powered so that at any given time such smoke alarm may have
its battery or batteries replaced as warranted in order to keep it
fully operational; and
(d) Continuously operating, except during periods of unavoidable
electrical power interruption or battery replacement, as the case
may be.
5.4.28 Carbon Monoxide Detectors
Every dwelling unit that has fuel burning appliances, solid fuel
burning appliances, or is attached to a storage garage, shall be
equipped with a carbon monoxide detector conforming with the
most current edition of CAN/CSA and US UL Standard as listed in
the current Ontario Building Code regulations and shall be:
(a) Installed in conformance with Sentence (c) where a solid
fuel-fired combustion appliance exists;
(b) Installed on or near the ceiling in each room in which there
is installed a solid fuel-burning appliance;
(c)
Permanently connected to an electrical circuit, and
i) shall have no disconnect switch between the over-current
device and the carbon monoxide detector where practical;
ii) be wired so that its activation will activate all carbon
monoxide detectors within the suite, where located
within a suite of residential occupancy; and
iii) be equipped with an alarm that is audible within
bedrooms when the intervening doors are closed, where
located adjacent to a sleeping area.
(d) Plug-in types of detectors plugged into a duplex receptacle
near the floor level are acceptable in locations where there may
be a hardship complying with (a), (b) and (c) outlined above.
5.4.29 Duct Type Smoke Detector
Where there is more than one dwelling unit within a building that
share one force air furnace, a duct type smoke detector shall be
installed and maintained.
5.5
STANDARDS FOR VACANT PROPERTIES
5.5.1
General
In addition to the minimum standards for the maintenance and
occupancy of property set out elsewhere in this by-law, the owner
of a vacant building, shall:
(a) Ensure that all utilities serving a building damaged by fire or
storm, which are not required for safety or security are properly
disconnected or otherwise secured, to prevent damage to the
building or adjoining property;
(b) Ensure all utilities serving a vacant building that is not damaged
by fire or storm be connected to public utilities to ensure
building HVAC and electrical systems are operational and in
use to protect the building from deterioration;
(c)
Ensure all fire protection and life safety systems serving a
vacant building that is not damaged by fire or storm shall be
maintained and operational per applicable standard(s);
(d) The boarding of building openings not damaged by fire, storm
or other catastrophic event is prohibited; and
(e) Ensure that the property is kept free of rodents, vermin and
other harmful pests and any conditions that would allow
such pests to harbour in or about the building.
5.5.2
Additional Requirements for Vacant Non-Residential Buildings
The owner of every non-residential vacant building shall keep the
property free of conditions that promote the infestation of birds.
5.5.3
Additional Requirements for Vacant Residential Buildings
Despite any other provision of this by-law, where in the opinion of
the Officer a vacant residential property can be repaired, the
building shall be repaired:
(a) As soon as is possible in a manner consistent with other parts
of this by-law; and
(b) Maintained in a manner so as not to become, in the opinion of
the Officer, a public nuisance.
5.5.4
Clearing and Leveling of Vacant Residential Buildings
Despite any other provision of this by-law an Officer may issue
an order directing the owner to demolish a derelict or vacant
residential building.
5.5.5
Clearing and Leveling of Vacant Non-Residential Buildings
Despite any other provision of this by-law an Officer may issue
an order directing the owner to demolish a derelict or vacant non-
residential building.
5.6
STANDARDS FOR HERITAGE PROPERTIES
5.6.1
General
In addition to the minimum standards for the maintenance and
occupancy of property in the City as set out in this chapter, the owner or
occupant of a Part IV Heritage Property or a Part V Heritage Property
shall:
(a)
Maintain, preserve and protect the heritage attributes so as to
maintain the heritage character, visual and structural heritage
integrity of the building or structure;
(b)
Maintain the property in a manner that will ensure the protection
and preservation of the heritage values and attributes; and
(c)
Obtain a heritage permit from Council or where applicable
Council's designate prior to performing work or causing work to
be performed under this section of the by-law.
5.6.2
Repair of Heritage Attributes
Despite any other provision of this chapter, where a heritage attribute
of a Part IV heritage property or a Part V heritage property can be
repaired, the heritage attribute shall not be replaced and shall be
repaired:
(a) In a manner that minimizes damage to the heritage values and
attributes;
(b) In a manner that maintains the design, colour, texture, grain or
other distinctive features of the heritage attribute;
(c)
Using the same types of material as the original and in keeping
with the design, colour, texture, grain and any other distinctive
features of the original; and
(d) Where the same types of material as the original are no longer
available, using alternative materials that replicate the design,
colour, texture, grain or other distinctive features and
appearance of the original material, if approved by Council or
where applicable their designate.
5.6.3
Replacement of Heritage Attributes
Despite any other provision in this by-law, where a heritage attribute
of a Part IV or V Heritage Property cannot be repaired, the heritage
attribute shall be replaced:
(a) In such a manner as to replace the design, colour, texture,
grain or other distinctive features and appearances of the
heritage attribute, using the same types of materials as the
original; and
(b) Where the same of materials as the original are no longer
available, alternative types of materials that replicate the
design, colour, texture, grain or other distinctive features of the
original materials may be used, if approved by Council or
where applicable their designate.
5.6.4
Alteration or Demolition of Heritage Properties
Despite any other provision of this by-law or the Act, no building
or structure located on a Part IV or Part V Heritage Property may
be altered, demolished, removed or relocated except in accordance
with the Ontario Heritage Act.
5.6.5
Vacant Heritage Properties
Notwithstanding provisions for vacant buildings under this by-law:
(a) Where a Part IV or Part V Heritage Property remains vacant
for a period of 90 days or more, the owner shall ensure that
appropriate utilities serving the building are connected as
required in order to provide, maintain and monitor proper
heating and ventilation to prevent damage to the heritage
attributes.
(b) The owner of a vacant Part IV or Part V Heritage Property
shall protect the building and property against the risk of
fire, storm, neglect, intentional damage or other damage by
other causes by effectively preventing the entrance of the
elements, unauthorized persons or the infestation of pests by
boarding up and securing any openings to the building in the
following manner:
(i)
all boards shall be installed from the exterior and shall be
fitted in a watertight manner and so that all exterior trim
and cladding remains uncovered and undamaged by the
boarding;
(ii)
all boards shall be fastened securely in a manner that
minimizes damage to the heritage attributes and the historic
fabric, and is reversible;
(iii) all boards shall be painted in a manner to reflect panes of
glass, frames and mullions that were to be found on the
opening that is being boarded over or the panes of
glass shall be painted in matt black and the window
frames and mullions shall be painted in a colour that of
the original opening;
(iv) all boards used for boarding and securing openings not
located in a window or door opening shall be painted or
otherwise treated so that the colour blends with the exterior
of the building or structure.
(v)
minimizing visual impact; and
(vi) no window, door or other opening on a Part IV heritage
property or Part V heritage property shall be secured by
brick or masonry units held in place by mortar unless a
Heritage Alteration Permit is granted.
SECTION 6
CERTIFICATE OF COMPLIANCE
6.1
Following the inspection of property, the Officer may, or upon the
request of the owner, shall where no building permit was required,
issue to the owner a Certificate of Compliance if, in the Officer's
opinion, the property is in compliance with the standards set out in
this by-law.
6.2
Where the owner has made a written request for a Certificate of
Compliance, all fees associated with the Order pursuant to the City of
Windsor User Fees Schedule shall be paid prior to the issuance of
the Certificate.
SECTION 7
PERMITS, AND ADMINISTRATION FEES
7.1
Where an Order to Repair is issued pursuant to this by-law, a fee will
be assessed to the registered owners in accordance with the City of
Windsor User Fee Schedule.
7.2
Every property owner who is issued an Order to Repair pursuant to
this by-law shall obtain a building permit unless exempted in writing
by the Chief Building Official.
SECTION 8
COMPLIANCE
8.1
All owners or occupants of property shall comply with the standards
set out in this by-law and any Order to Repair that is final and binding.
8.2
All owners of property within the municipality that does not conform
with the standards contained in this by-law shall repair and maintain
such property to conform with the standards or clear the site of all
buildings, structures, debris or refuse and leave the property in a
graded and leveled condition, except where a demolition permit has
been issued and remains in effect.
8.3
All repairs and maintenance of property shall be carried out with
suitable and sufficient materials in a manner acceptable to the
Officer.
8.4
All new construction or repairs shall conform to the most current
addition of the Ontario Building Code and any other applicable
legislation.
8.5
No person shall occupy any property if there are conditions which
pose or constitute an undue or unreasonable hazard or risk to life,
limb or health of any person in or about the property.
SECTION 9
ENFORCEMENT AND PENALTY
9.1
An owner or occupant who fails to comply with an Order is guilty of
an offence under Section 36(1) of the Building Code Act, and is liable
to a penalty or penalties as set out in Section 36 of the Building Code
Act.
SECTION 10
VALIDITY AND SEVERABILITY
10.1
If a court of competent jurisdiction should declare any section or part
of a section of this by-law to be invalid, such section or part of a
section shall not be construed as having persuaded or influenced
Council to pass the remainder of the by-law, and it is hereby declared
that the remainder of the by-law shall be valid and shall remain in
force.
10.2
Where a provision of this by-law conflicts with the provision of
another 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.
SECTION 11
REPEAL AND TRANSITION
11.1
Except as provided by Section 11.2 hereof, By-law Number 9-2019,
as amended by 140-2020, is hereby repealed.
11.2
Notwithstanding Section 11.1 hereof, the provisions of By-law
Number 9-2019 as amended by 140-2020, shall continue to apply to
any properties in respect of which an Order has been issued under
the said by-law until such Order has been concluded.
SECTION 12
EFFECTIVE DATE
12.1
This by-law shall come into force and take effect on the day of the
final passing thereof.
DREW DILKENS, MAYOR
CITY CLERK
By signing this by-law on September 8, 2025, Mayor Drew Dilkens will not exercise the
power to veto this by-law, and this by-law is deemed passed as of this date.
First Reading - September 8, 2025
Second Reading - September 8, 2025
Third Reading - September 8, 2025