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THE CORPORATION OF THE TOWNSHIP OF WOOLWICH
BY-LAW NUMBER 24-2012
BEING A BY-LAW TO PRESCRIBE STANDARDS FOR THE
MAINTENANCE AND OCCUPANCY OF PROPERTY
IN THE TOWNSHIP OF WOOLWICH
WHEREAS s. 127 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (the "Municipal
Act, 2001"), states that a local municipality may:
(a)
require the owner or occupant of land to clean and clear the land, not including
buildings, or to clear refuse or debris from the land, not including buildings;
(b)
regulate when and how matters required under clause (a) shall be done;
(c)
prohibit the depositing of refuse or debris on land without the consent of the
owner or occupant of the land; and,
(d)
define "refuse" for the purpose of this section.
AND WHEREAS s. 15.1(3) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended (the
"Act"), states that the Council of a municipality may pass a by-law to do the following things if an
Official Plan that includes provisions relating to property conditions is in effect in the
municipality or if the Council of the municipality has adopted a policy statement:
1.
Prescribing standards for the maintenance and occupancy of property within the
municipality or within any defined area or areas and for prohibiting the occupancy
or use of such property that does not conform to the standards.
2.
Requiring property that does not conform to the standards to be repaired and
maintained to conform to the standards or the site to be cleared of all buildings,
structures, debris or refuse and left in graded and levelled condition.
AND WHEREAS the Council of The Corporation of the Township of Woolwich (the "Township")
deems it desirable to enact a by-law to prescribe and enforce standards for the maintenance
and occupancy of property within the Township;
NOW THEREFORE the Council of the Township, pursuant to its authority under s. 15.1 of the
Building Code Act, 1992, S.O. 1992, c. 23, enacts as follows:
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PART 1
DEFINITIONS
1.1
DEFINITIONS
In this by-law:
"Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"accessory building" means a subordinate building or structure, on the same lot as the
main building or a part of the main building devoted exclusively to a use naturally and
normally incidental to, subordinate to, and devoted exclusively to the main use of the
property;
"basement" means a storey or storeys of a building located below the storey with its floor
closest to grade which has a ceiling of more than 1.8 metres (6 feet) above grade;
"building" means:
(a)
a structure occupying an area greater than ten square metres consisting
of a wall, roof and floor or any of them or a structural system serving the
function thereof including all plumbing, works, fixtures and service
systems appurtenant thereto;
(b)
a structure occupying an area of ten square metres or less that contains
plumbing, including the plumbing appurtenant thereto;
(c)
plumbing not located in a structure;
(d)
a sewage system; or,
(e)
structures designated in the Building Code;
"Building Code" means Ontario Regulation 350/06, as amended, or other regulations
made under s. 34 of the Act;
"Certificate of Compliance" means a certificate issued by a Property Standards Officer if
he/she is of the opinion that the property, for which the certificate has been requested, is
in compliance with the standards established by this by-law;
"Chief Building Official" or "CBO" means a chief building official appointed or constituted
under section 3 or 4 of the Act or his or her designate;
"Council" means the Council of the Township;
"demolish" means to do anything in the removal of a building or any material part thereof
and "demolition" has a corresponding meaning;
Property Standards By-law 24-2012
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"dwelling unit" means a room, or suite of rooms, operated as a single housekeeping unit
in a building, used or intended to be used as a domicile by one or more persons and
usually containing cooking, eating, living, sleeping and sanitary facilities;
"floor area" means the space on any storey of a building between exterior walls and
required firewalls, including the space occupied by interior walls and partitions, but not
including exits and vertical service spaces that pierce the storey;
"grade" means the average level of proposed or finished ground adjoining a building at
all exterior walls;
"ground cover" means organic or non-organic material applied to prevent soil erosion
such as concrete, flagstone, gravel, asphalt, grass or other landscaping;
"guard" means a protective barrier around openings in floors or at the open sides of
stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to
prevent accidental falls from one level to another;
"Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
"hoarding" means a fence erected on the ground to form a barrier between pedestrians
and vacant property or building sites and includes overhead protective structures that
are required for the protection of adjoining public areas;
"landlord" includes:
(a)
the owner of a rental unit or any other person who permits occupancy of a
rental unit, other than a tenant who occupies a rental unit in a residential
complex and who permits another person to also occupy the unit or any
part of the unit; and,
(b)
the heirs, assigns, personal representatives and successors in title of a
person referred to in clause (a).
"motor vehicle" includes an automobile, motorcycle, and any other vehicle propelled or
driven otherwise than by muscular power; but does not include the cars of electric steam
railways, or other motor vehicles running only upon rails, or a motorized snow vehicle,
traction engine, farm tractor, self propelled implement of husbandry or road building
machine within the meaning of the Highway Traffic Act;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"Municipal Law Enforcement Officer" means a person appointed by the Township under
s. 15 of the Police Services Act, R.S.O. 1990, c. P.15;
"non-residential property" means property not occupied, in whole or in part, for the
purpose of human habitation;
"occupant" means any person or persons over the age of eighteen (18) years occupying
a property;
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"owner" includes:
(a)
the registered owner of the property;
(b)
the person for the time being managing or receiving the rent of the
property, whether on the person's own account or as agent or trustee of
any other person, or who would receive the rent if the property were let;
and,
(c)
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 as set out in
this by-law;
"person" means an individual, corporation, unincorporated association or partnership;
"pests" means rodents, vermin or insects;
"property" means a building or structure, or part of a building or structure, and includes
the lands and premises appurtenant thereto and all mobile structures, outbuildings,
fences and erections thereon, whether heretofore or hereafter erected as well as vacant
land;
"Property Standards Officer" means a Municipal Law Enforcement Officer;
"recyclable material" includes, but is not limited to, the following material:
(a)
glass, including bottles and jars, but not broken glass, light bulbs, mirrors,
plate glass or ceramics;
(b)
tin and aluminum cans;
(c)
plastic soft drink bottles;
(d)
newspapers; and,
(e)
corrugated cardboard.
"refuse" means any article or thing that:
(a)
has been cast aside, discarded or abandoned, whether of any value or
not;
(b)
has been used up, in whole or in part, whether of any value or not; or,
(c)
has been expended or worn out, in whole or in part, whether of any value
or not.
"Region" means the Regional Municipality of Waterloo;
Property Standards By-law 24-2012
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"rental unit" means a dwelling unit used, or intended to be used, as a residential rental
property;
"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 a property conforms with
the standards established in this by-law;
"residential rental property" includes a rental unit and the yards;
"sewage system" means the Region's and the Township's sanitary sewer system or a
private sewage disposal system approved by the relevant approval authority;
"sign" means:
(a)
an advertisement, identification, promotion, direction, decoration or
information by means of printing on or attaching bills, letters, logos, or
numerals to any building including the frame, canopy, surface or device
on
which
the
advertisement,
identification,
promotion,
direction,
decoration, or information is painted, placed or attached;
(b)
any structure used for the purpose of supporting a sign; and,
(c)
any marquees or posters.
"state of good repair" means:
(a)
in conformity with the Act and the Building Code;
(b)
structurally sound;
(c)
not broken, rusted, rotten or in a hazardous condition;
(d)
not unsightly to the extent that it would be deleterious to abutting property
owners or to the neighbourhood;
(e)
in proper working order, if applicable; and,
(f)
adequately protected by weather-resistant material, if applicable.
"tenant" includes a person who pays rent in return for the right to occupy a rental unit
and includes the tenant's heirs, assigns and personal representatives;
"undesirable material" includes:
(a)
rubbish, garbage, brush, waste, litter and debris;
(b)
injurious insects, termites, rodents, vermin and other pests;
(c)
growth of weeds in excess of 15.24 cm (6");
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(d)
ground cover, hedges and bushes which overhang the sidewalk,
impede pedestrian or vehicular traffic or cause a site obstruction;
(e)
dead, decayed or damaged trees or other natural growth and
the branches and limbs thereof which create an unsafe
condition;
(f)
wrecked, dismantled, inoperative, discarded, unused, or
unlicensed vehicles or trailers, except in an establishment
licensed or authorized to conduct or operate a wrecking
business;
(g)
stagnant water which provides a breeding place for mosquitoes or
other health hazards;
(h)
machinery or parts thereof, or other objects or parts thereof, or
accumulation of material that creates an unsafe condition;
(i)
dilapidated or collapsed structures or erections;
(j)
all furniture used for exterior use that becomes dilapidated; or,
(k)
all furniture designed for interior use.
"yard" means land, other than publicly-owned land, around and appurtenant to the whole
or any part of a building that is lawfully used, intended to be used or capable of being
used in connection with the building;
"Zoning By-Law" means a by-law passed by Council under the provisions of s. 34 of the
Planning Act, R.S.O., 1990, c. P.13, as amended.
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PART 2
APPLICATION AND INTERPRETATION
2.1
This by-law applies to all property in the Township.
2.2
The standards set out in this by-law, unless otherwise stated, shall be held to be the
minimum standards for the promotion of public health, safety, comfort, convenience
and general welfare and are not intended to derogate from the standards found in any
other applicable municipal by-laws or federal or provincial legislation.
2.3
The owner of property which does not conform to the standards prescribed in this by-
law shall repair and maintain the property to conform to the standards of this by-law or
the property may be cleared of all buildings, structures, debris or refuse and left in a
graded and leveled condition.
PART 3
PROHIBITION
3.1
No person shall use or occupy, or permit the use or occupancy of, any property that
does not confirm to the standards prescribed in this by-law.
3.2
No owner shall fail to maintain their property in conformity with the standards
prescribed in this by-law.
3.3
No owner shall fail to comply with an Order issued under this by-law.
PART 4
GENERAL
4.1
AIR QUALITY
4.1.1
All buildings, or portions thereof, shall be kept free from accumulations of airborne
contaminants that may pose a health concern to any person.
4.1.2
No person shall occupy, or permit the occupancy of, a building, or portion thereof,
where a high concentration of airborne contaminants exist which may pose a health
concern to any person who occupies the building, or portion thereof.
4.1.3
Notwithstanding any other section of this by-law, Section 4.1.1 and 4.1.2 shall not
apply if, in the opinion of a Property Standards Officer, the presence of airborne
contaminants is minor in nature and relates to general maintenance and/or lifestyle.
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4.2
MOULD
4.2.1
Any extensive accumulation of mould shall be immediately cleaned and removed by
the owner of a building.
4.2.2
No person shall occupy, or permit the occupancy of, a building, or portion thereof,
where an extensive accumulation of mould exists which could pose a health concern
to any person who occupies the building, or portion thereof.
4.2.3
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 by the owner of the building.
4.2.3.1 Notwithstanding any other provision of this by-law, section 4.2.1 and 4.2.2
shall not apply if, in the opinion of a Property Standards Officer, the presence
of mould is minor in nature and relates to general maintenance and/or
lifestyle.
PART 5
ENVIRONMENT
5.1
YARDS
5.1.1 Yards shall be maintained free of any undesirable material.
5.2
DRIVEWAYS, RAMPS, ETC.
5.2.1 Driveways, ramps, parking areas, paths, outside stairs and landings shall:
(a)
provide a uniform surface for pedestrian or vehicle use;
(b)
be made of non-organic ground cover; and,
(c)
be provided markings or islands to indicate parking spaces, ingress and
egress routes and snow piling areas.
5.3
UNSTABLE SOIL
5.3.1 Exterior property areas shall be graded or provided with ground cover as
appropriate to prevent unstable soil conditions or erosion and to prevent accumulations
of dust or dirt from spreading to neighbouring properties.
5.4
LIGHTING
5.4.1 Lighting fixtures, lamps and their supports and connections shall be maintained in a
safe and complete condition, without visible deterioration and in working order.
5.4.2 All exterior lights shall not cause light to trespass onto adjacent properties or shine
directly into a dwelling unit.
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5.4.3 Sensor activated lighting shall not be triggered by activity off the property.
5.4.4 Lighting as required by the Building Code shall provide and be maintained to allow for an
adequate level of lighting so that the use normally carried out in such areas can be
undertaken safely.
5.5
CONDITIONS MAINTAINED
5.5.1 All approved site plan conditions including, but not limited to, drainage, ground
cover, hedges, trees and landscaping shall be maintained.
5.5.2 A Property Standards Officer may accept alternatives in relation to the maintenance of
approved site plan conditions, provided that the intent of the original conditions is
maintained.
5.6
ACCESSORY BUILDINGS
5.6.1 Accessory buildings, other than farm out-buildings, shall be:
(a)
protected by paint, preservative or other weather-resistant material;
(b)
structurally sound and plumb, unless specifically designed to be other than
vertical;
(c)
maintained in a state of good repair and free of accident hazards; and
(d)
so as not to present an unsightly appearance.
5.7
FENCES
5.7.1 All fences shall be:
(a)
reasonably uniform in height and appearance;
(b)
maintained in a state of good repair;
(c)
protected from deterioration by the application of paint or other suitable protective
material of uniform colour and constructed using a material that is inherently
resistant to such deterioration and compatible with surrounding finishes; and,
(d)
constructed using suitable materials and designed and erected in a workmanlike
manner and maintained so as not to appear unsightly.
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5.8
RETAINING WALLS
5.8.1 Retaining walls shall be maintained in a state of good repair.
5.8.2 Where a retaining wall excess of 0.6 m (2 feet) in height and forms part of, or is
adjacent to, a means of egress, a guard shall be provided unless access is
restricted to the retaining wall.
5.9
OUTSIDE STORAGE OF REFUSE OR RECYCLABLE MATERIAL
5.9.1 Where refuse or recyclable material is stored for disposal outside of the enclosed
walls of a building, the refuse or recyclable material shall:
(a)
be stored in a container suitable for such a purpose and in a manner that does
not attract pests or create a health or safety hazard due to the nature of
the storage or through deterioration or misuse of the storage facility; and,
(b)
except for single and semi-detached residential buildings, be blocked from
view if it is stored less than 60 m (196 ft) from a public highway, street,
walkway, park or residential property so as not to be visible from such
locations or as required under an approved site plan.
5.9.2 In addition to the conditions outlined in section 5.9.1, the storage of refuse or recyclable
material by an owner shall be blocked from view and the aforesaid visual blockage shall:
(a)
extend from grade to a height of 0.3 m (1 ft) above the height of the storage
container(s);
(b)
consist of a continuous opaque visual barrier; and,
(c)
be maintained in a clean, sanitary and odour-controlled condition.
5.10
SIGN INSTALLATION AND MAINTENANCE STANDARDS
5.10.1 A sign shall be:
(a)
maintained in a state of good repair and without any visible deterioration; and,
(b)
installed and maintained in a reasonably vertical plane, unless otherwise
approved by the Township.
5.10.2 Any unused, not cared for or discarded signs shall be removed from the property or shall
be stored within a building.
Property Standards By-law 24-2012
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5.11
SWIMMING POOLS
5.11.1 All swimming pools, wading pools, ponds and any appurtenances thereto, including
fences and gates, shall be maintained in a state of good repair.
5.11.2 Section 5.11.1 does not apply to storm water management ponds.
5.12 TEMPORARY STORAGE
5.12.1 Temporary storage of equipment or construction materials, resulting solely from the
construction, demolition or alteration of a building or part thereof, may be stored on a
property provided it is used or removed in its entirety within a reasonable period of time, as
determined by a Property Standards Officer.
5.12.2 No fill shall be allowed to remain in an unleveled state on any property for longer than
seven (7) days unless the property is:
(a)
a construction site for which a site alteration permit and/or a building permit is in
effect;
(b)
a property being developed under a subdivision or registered site plan agreement
with the Township; or,
(c)
property upon which material is being stored with the approval of the Township or
the Region in connection with a public works contract.
(d)
being landscaped in a minor nature, remains weed free and work is finished in a
timely manner.
5.12.3 No fill shall be left in an uncovered state, meaning not covered by sod, seed or
agricultural crop, on any property for longer than thirty (30) days unless the property is:
(a)
a construction site for which a site alteration permit and/or building permit is in
effect and must remain weed free;
(b)
being developed under a subdivision or registered site plan agreement with the
Township and remain weed free; or,
(c)
being actively farmed.
5.13
FIREWOOD STORAGE
5.13.1 Firewood may only be stored in a yard that is not adjacent to a Township highway
subject to the following conditions:
(a)
firewood stored in a side yard or rear yard shall be at least 0.6 metres (24 inches)
from every property line;
Property Standards By-law 24-2012
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(b)
no piece of firewood shall exceed 0.6 metres (24 inches) in length and all
firewood shall be stacked in an orderly pile;
(c)
on a property that is less than 0.4 hectares (1 acre) in area, no firewood piles
shall exceed 1.5 metres (59 inches) in height or cover an area larger than 6.0
metres square (64 square feet); and,
(d)
on a property that is 0.4 hectares (1 acre) in area or greater, no firewood piles
shall cover an area greater than 15 metres square (160 square feet).
5.14
MOTOR VEHICLE STORAGE
5.14.1 No motor vehicle, other than a motor vehicle bearing a valid license plate sticker issued
by the Ministry of Transportation and capable of being driven, shall be parked other than
in a building, unless the parking of the unlicensed or inoperative motor vehicle is a
permitted use under a Zoning By-Law for that zone.
5.14.2 No machinery, vehicle, boat, trailer or part thereof which is in an unusable, wrecked,
discarded, dismantled, partially dismantled or abandoned condition, shall be stored or
allowed to remain on any property unless otherwise permitted by a Zoning By-Law.
5.15
HOARDING
5.15.1 All hoarding used on a property shall be maintained in a state of good repair, neatly
painted or otherwise treated and kept free from posters, signs, notices, advertising
material, words, pictures, drawings or other defacements and be constructed in sturdy
manner in accordance with all requirements of the Ontario Ministry of Labour.
5.16
MISCELLANEOUS
5.16.1 Storm water run-off shall be drained from the grounds of a property, and any area below
exterior grade, so as to prevent excessive ponding, erosion or the entrance of water into
a building or structure.
5.16.2 Unprotected wells, holes or cavities over one metre in depth shall be filled or safely
covered.
PART 6
BUILDINGS
6.1
STRUCTURAL SYSTEM
6.1.1 A building, and every structural system or component serving a part thereof, shall be
capable of sustaining its own weight together with the loads that may be
imposed by the use and occupancy therein and by natural causes such as snow and
winds.
6.2
DOUBT AS TO STRUCTURAL CONDITION
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6.2.1 If, in the opinion of a Property Standards Officer, there is doubt as to the
structural condition of a building or structure or parts thereof, a Property
Standards Officer may issue an Order that such a building or structure, or parts
thereof, be examined by a professional engineer licensed to practice in Ontario, at
the owner's sole expense, and that a written report, which may include drawings for
any recommended remedial work, be provided to a
Property Standards Officer.
6.3
ENGINEER'S REPORT ACCEPTANCE
6.3.1 A Property Standards Officer may accept the findings contained in the
engineer's report pursuant to subsection 6.2, provided that the Property
Standards Officer is satisfied that all deficiencies have been identified and
appropriately dealt with by the report.
6.3.2 Upon completion of all of the work required by the engineer's report, a further report
prepared by the professional engineer shall be submitted to the Property Standards
Officer certifying that all of the work proposed in the written report has been completed
and is in accordance with all applicable legislation.
6.3.3 No structural element may be added, removed, repaired or modified in any manner until
a required permit has been obtained from the Chief Building Official.
6.4
FOUNDATIONS, WALLS, ETC.
6.4.1 The foundations, walls, columns, beams, floor and roof slabs of a building,
including ancillary structures such as parking garages, shall be maintained in a state of
good repair.
6.4.2 A foundation wall, basement, cellar or crawl space floor, slab on grade, exterior wall and
roof shall be structurally sound, weather tight and damp-proofed and shall be maintained
so as to protect against deterioration caused by the elements, fungus, mould, dry rot,
rodents, vermin or insects.
6.4.3 The foundations, walls, columns, beams, floors, roof slabs and balconies of all buildings,
including parking garages and accessory buildings, shall be maintained:
(a)
in a state of good repair;
(b)
free from decayed, damaged or weakened sills, beams, piers, posts or other
supports;
(c)
in a manner so as to prevent the entry of moisture into the building; and,
(d)
in a manner so as to prevent settlement of the building.
6.4.4 The exterior walls of all buildings shall be maintained in a state of good repair and in a
manner to prevent deterioration caused by the elements or pests and free from:
(a)
cracked or broken masonry;
Property Standards By-law 24-2012
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(b)
defective or deteriorated wood or metal siding or trim;
(c)
cracked broken or loose stucco; or,
(d)
loose or unsecured objects.
6.4.5 Where the masonry units forming an exterior wall, or part of an exterior wall, of any
building are faced with a glazed or other decorative surface, all of those units from which
the surface has spalled or broken shall be removed and replaced with units having a
facing similar to that of the original wall so that the wall presents a uniform and neat
appearance or is finished with other materials approved by a Property Standards Officer.
6.4.6 All exterior surfaces which have been previously covered with paint or other protective or
decorative materials shall be maintained in a state of good repair and the covering
renewed when it becomes damaged or deteriorated.
6.4.7 Metal eaves troughs, rainwater pipes, flashings and all exterior metal ducts shall be kept
free from rust by application of a suitable protective material such as paint, and shall be
renewed or replaced when such application deteriorates or, becomes ineffective.
6.4.8 The cladding on the exterior walls of all buildings shall consist of masonry, stucco, wood,
plywood, metal or other materials of equivalent strength, durability and fire endurance
approved by a Property Standards Officer.
6.4.9 Balconies, porches, canopies, marquees, awnings, screens, grilles, stairways, fire
escapes, pipes, ducts, air conditioners and all other similar equipment, attachments,
extensions and their supporting members shall be:
(a)
maintained in a state of good repair;
(b)
free from refuse, undesirable material and recyclable material;
(c)
properly and safely anchored;
(d)
protected against deterioration and decay; and,
(e)
free from broken or missing glass.
6.4.10 Exterior doors, windows, skylights, basement hatchways, including storm and screen
doors and storm windows, shall be maintained in a state of good repair and weathertight.
6.4.11 An owner shall repair or replace defective, damaged or missing hardware or locking
devices on a building.
6.4.12 Openings in exterior walls, other than doors and windows, shall be effectively protected
by suitable materials to prevent entry of rodents, vermin and insects unless it can be
shown, to the satisfaction of a Property Standards Officer, that the implementation of this
section would adversely affect the normal operations in a non-residential property.
Property Standards By-law 24-2012
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6.4.13 Dilapidated, collapsed or unfinished structures and all accumulations of refuse,
undesirable material, recyclable material, wood or other objects on a property that create
an unsafe or unsightly condition shall be removed by an owner.
6.5
AIR CONDITIONERS AND WATER COOLED EQUIPMENT
6.5.1 Air conditioners shall be equipped with adequate devices for the prevention of
condensation drainage on to entrance areas, sidewalks or pathways.
6.5.2 Cooling water from water-cooled equipment shall be discharged directly to a proper
drainage system which complies with all applicable governmental regulations.
6.6
ROOF STRUCTURES
6.6.1 All roofs including, but not limited to, chimneys, stacks, masts, lightning arrestors or
antennae shall be maintained in a state of good repair.
6.6.2 No roof drainage shall be discharged on an entranceway, walkway or stair or discharged
directly onto a neighbouring property, or onto any road allowance or in such a manner
that it will penetrate or damage a building or structure.
6.7
STAIRS, HANDRAILS AND GUARDS
6.7.1 All stairs, porches, decks, landings, treads, risers or other similar structures shall have
guards or handrails which shall be maintained in a state of good repair and shall be
capable of supporting all loads to which they might reasonably be subjected.
6.7.2 All guards and handrails shall be installed and maintained in accordance with the
Building Code so as to afford reasonable protection against accident or injury to any
person in or on a property.
6.8
FLOORS
6.8.1 Floors and floor coverings in all buildings shall be maintained in a state of good repair,
and free from all warped or decayed boards, large cracks, depressions, protrusions,
deterioration or other defects.
6.8.2 Wall, floor, ceiling and roof construction, fire protective closures, sprinkler systems and
other means of fire protection shall be maintained in such a manner so as to afford the
fire protective properties required by all relevant government regulations.
6.8.3 The floors of rooms in which plumbing fixtures are installed shall be maintained
reasonably impervious to water and in such a condition as to permit easy cleaning.
6.9
HEATING, VENTILATION AND MECHANICAL
6.9.1 Heating equipment, vent pipes, exhaust hoods, chimneys, smoke stacks, flues, ducts
and similar equipment shall be constructed, installed and maintained in a state of good
repair and shall comply with all applicable governmental regulations.
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6.9.2 Where a heating system, heating equipment or any auxiliary heating unit burns solid or
liquid fuel, a receptacle for such fuel shall be provided and maintained in a state of good
repair and in a location so as to be free from fire or accident hazards.
6.9.3 All piping for gas or oil fuel and all electrical connections to a heating system shall be
installed and maintained in a state of good repair and in accordance with the
requirements of all applicable governmental regulations.
6.9.4 Fuel burning heating equipment shall be effectively connected to a chimney or flue which
leads to the exterior of the building in which the equipment is installed and shall be
furnished with an adequate supply of air to ensure proper combustion of the fuel.
6.9.5 Every chimney, smoke-pipe, flue and gas vent in use or available for use in a building
shall be:
(a)
installed and maintained so as to prevent the escape of smoke or gasses into the
building;
(b)
clear of obstructions;
(c)
free from open joints;
(d)
free from broken and loose masonry;
(e)
maintained in a state of good repair; and,
(f)
plumb.
6.9.6 A prefabricated chimney or flue shall be of a type suitable for the appliance for which it is
being used and shall be kept in a state of good repair, properly secured and free from
fire, health and accident hazards.
6.9.7 Mechanical ventilating equipment and the supports for such equipment shall be
maintained in a state of good repair and in a safe mechanical condition.
6.10
SEWAGE DISCHARGE
6.10.1 Sewage shall be discharged into a sewage system.
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6.11
PARKING GARAGES
6.11.1 Parking garages shall be maintained so as to prevent the accumulation of toxic fumes or
the escape of toxic fumes into a building containing dwelling units.
PART 7
SUPPLEMENTARY STANDARDS FOR VACANT PROPERTY
7.1
GENERAL
7.1.1 The following additional standards shall apply to vacant property:
(a)
The owner shall protect the property against the risk of fire, accident or other
danger.
(b)
The owner shall effectively prevent the entrance of any unauthorized persons.
(c)
All materials used for boarding up vacant property shall be covered and
maintained with a preservative which is similar in colour to the exterior finish of
the building.
(d)
Where a building remains vacant for a period of more than ninety (90) days, the
owner shall ensure that all utilities serving the building are properly disconnected
or otherwise secured to prevent accidental or malicious damage to the building or
adjacent property, unless the aforementioned utilities are necessary for the
safety or security of the building.
7.2
SUPPLEMENTARY STANDARDS FOR UNFINISHED BUILDINGS OR STRUCTURES
7.2.1 All buildings or structures, or parts thereof that are unfinished shall be finished in an
acceptable manner within a reasonable amount of time and, where applicable, in
accordance with all relevant legislation and by-laws.
PART 8
SUPPLEMENTARY STANDARDS FOR NON-RESIDENTIAL PROPERTIES
8.1
GENERAL
8.1.1 The following additional standards shall apply to non-residential property:
(a)
Every owner or occupant of a non-residential property shall maintain the
property:
(i)
in a sanitary and safe condition free from litter, refuse and debris, and
shall provide containers for the disposal of such litter or refuse;
(ii)
free from objects or conditions which are health, fire or accident hazards;
and,
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(iii)
free from rodents, vermin and injurious insects.
8.1.2 In a multi-tenant building, no owner or occupant or anyone acting on behalf of an owner
or occupant, shall disconnect or cause to be disconnected, any service or utility
providing light, heat, refrigeration, water or cooking facilities to a tenant or lessee, except
for such reasonable period of time as may be required for the purpose of repairing,
replacing or altering such service or utility.
8.1.3 A person liable for rates for gas, water, steam, electric power, fuel oil or other service or
utility, who fails to pay such rates with the result that the gas, water, steam, electric
power, fuel, oil or other service or utility is disconnected or shut off, removed or
discontinued, shall be deemed to have caused or permitted such disconnection, shutting
off, removal or discontinuance.
8.2
MEANS OF EGRESS
8.2.1 All means of egress for a non-residential property shall be maintained free from all
obstructions or impediments and provided with clean, clear, unobstructed and readily
visible exit signs for every exit.
8.3
INTERIOR WALLS, CEILINGS AND FLOORS
8.3.1 Interior walls, floors and ceilings of a non-residential property shall be maintained:
(a)
free from health, fire and accident hazards;
(b)
in a state of good repair and free from holes, large cracks, broken plaster and
loose or broken masonry;
(c)
in a clean and sanitary condition which is reasonable considering the use or
operation; and,
(d)
free from cracked and broken glass in door panels, glass screens and windows.
8.3.2 Cracked broken glass in door panels, glass screens and windows as outlined in section
8.3.1(d) shall be replaced with glass or other material approved by a Property Standards
Officer.
8.3.3 Plaster repairs made to the walls and ceilings of non-residential properties shall be
completed in a workmanlike manner and each repair shall be finished to match the
existing wall or ceiling.
8.3.4 Glazed doors, windows and other transparent surfaces shall be kept in a reasonably
clean condition.
8.3.5 Interior doors and door frames including automatic door closers and all necessary
hardware shall be maintained in a state of good repair to ensure the proper operation
and integrity of the door.
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8.3.6 Plumbing fixtures shall be provided and maintained in accordance with the requirements
of all applicable governmental regulations.
8.3.7 All plumbing, drain pipes, water pipes and plumbing fixtures and every connecting line to
the sewage system shall:
(a)
be maintained in a state of good repair; and,
(b)
be free from leaks and defects.
8.3.8 All water pipes, drain pipes and appurtenances thereto shall be protected from freezing.
PART 9
SUPPLEMENTARY STANDARDS FOR RESIDENTIAL RENTAL PROPERTIES
9.1
GENERAL
9.1.1 The following additional standards shall apply to any residential rental property:
(a)
Subject to the tenant's responsibility for ordinary cleanliness of the residential
rental property, the landlord shall provide such facilities and take such action to
ensure that the residential rental property is:
(i)
safe;
(ii)
clean;
(iii)
in a state of good repair; and,
(iv)
fit for habitation.
(b)
The landlord shall maintain, in a state of good repair and in a clean, safe
condition, any facilities supplied by the landlord and all common areas intended
for the use of the tenants.
9.1.2 All repairs and maintenance of property required by the standards prescribed in this part
shall be carried out in a manner accepted as good craftsmanship in the trade concerned
and with materials suitable and sufficient for the purpose.
9.1.3 Unless otherwise specified, the landlord, and not the tenant, shall be responsible for
ensuring that all of the provisions of this part are being complied with.
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9.2
LIGHT AND VENTILATION
9.2.1 An opening in the exterior surface of a building designed for a door, window or skylight
shall be equipped with a door, window or skylight capable of performing the intended
function and the landlord shall:
(a)
ensure that the doors, windows and skylights are weather tight;
(b)
refit, replace, renew, caulk and weather-strip any damaged, decaying defective
or missing doors, windows, frames, sashes, casings, hatchways or screens;
(c)
fit the door, window or skylight with locking devices;
(d)
replace any broken or missing glass; and,
(e)
replace any defective missing hardware.
9.2.2 Exterior doors, windows, skylights, basement hatchways, including storm and screen
doors and storm windows, shall be:
(a)
maintained in a state of good repair by the landlord and weather tight;
(b)
free from rotted or defective members;
(c)
free from defective or missing hardware;
(d)
free from torn, damaged or, where supplied, missing screens;
(e)
free from defective or missing weather-stripping or caulking;
(f)
free from defective storm or screen doors; and,
(g)
free from broken or missing glass.
9.2.3 A window or natural ventilation is not required in a kitchen or washroom if electrical
lighting and mechanical means of ventilation is provided.
9.2.4 A window is not required in habitable space, other than a bedroom or dining room, if
there is an opening in a dividing wall to an adjoining room and the adjoining room has a
minimum of 5 percent window area of the combined floor areas, and if the required
ventilation is provided.
9.2.5 All bedrooms, living rooms and dining rooms shall have a window or a door which
contains a window that faces directly to the outside of the building.
9.2.6 All habitable space shall have natural or mechanical means of ventilation.
9.2.7 At the request of a tenant, each window in a rental unit that is located above the storey
that has its floor closest to grade and that has its ceiling more than 1.8 metres above
grade, shall be equipped with a safety device to prevent any part of the window from
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opening so as to admit a sphere greater than 100 millimeters in diameter, except that the
window must be capable of being opened by an adult tenant in a emergency without the
use of tools.
9.2.8 Artificial lighting shall be provided and maintained by the landlord in all habitable space
and interior common areas of a residential rental property to permit safe use and
passage, in accordance with the Building Code.
9.3
INTERIOR WALLS
9.3.1 Interior claddings and finishes of walls and ceilings, including elevator cars, shall be
maintained by the landlord in a safe and sanitary condition, in a state of good repair free
from holes, mould, loose and broken boards, torn, damaged, decayed, leaks,
deteriorating or missing materials.
9.3.2 All interior walls must be painted or finished in a manner similar to other interior walls in
the building.
9.4
FUEL SUPPLY
9.4.1 Unless required to be provided by the tenant, a landlord shall ensure a continuous and
adequate supply of fuel, service or utility which provides light, heat, refrigeration, water
or cooking facilities for a rental unit occupied by a tenant, except for such reasonable
period of time as may be required for the purpose of repair or replacement of the fuel
service or utility.
9.5
HEATING, VENTILATION, MECHANICAL
9.5.1 Heating, ventilating and mechanical systems, including stoves, heating appliances,
fireplaces, chimneys, fans, air conditioners, pumps, filtration and other equipment
provided to supply heat, air conditioning, ventilation or other services shall be properly
maintained by the landlord and capable of being operated.
9.5.2 A space that contains a fuel-fired heating appliance shall have a natural or mechanical
means of supplying the required combustion air.
9.5.3 Every residential rental property shall have heating facilities capable of being maintained
at 21o Celsius.
9.5.4 A rental unit shall not be equipped with a portable heating appliance as a primary source
of heat.
9.5.5 Only heating appliances approved for use by a recognized standards testing authority
shall be provided in a room used or intended for use for sleeping purposes.
9.6
ELECTRICAL
9.6.1 A supply of electrical power, wiring and receptacles acceptable to the Electrical Safety
Authority shall be provided and properly maintained by the landlord to all habitable
space and interior common areas in a residential rental property.
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9.6.2 If the landlord supplies a meter for electricity for the purpose of billing the tenants
individually, it shall be properly maintained by the landlord and kept accessible to
tenants.
9.6.3 A kitchen shall be supplied with electrical power and shall have outlets suitable for a
refrigerator and a cooking appliance.
9.7
SAFETY AND SECURITY
9.7.1 Every residential rental property shall have a safe, continuous and unobstructed
passage from every part of the interior to an exterior open space at street or grade level.
9.7.2 All windows and exterior doors which are intended to be opened and which are
accessible from outside a rental unit or a residential rental property shall have hardware
that makes them capable of being secured.
9.7.3 At least one entrance door in a rental unit shall be capable of being both secured from
inside and locked from the outside of the rental unit.
9.7.4 Where provided, a vestibule door locking release and the rental unit-to-vestibule
communication system shall be properly maintained by the landlord.
9.7.5 Parking areas that are intended to be secured, shared locker rooms and shared storage
rooms shall be provided with a door equipped with a security device which prevents
access to persons other than the landlord and tenants.
9.7.6 A mail delivery slot and other openings for deliveries that directly enter into a rental unit
shall:
(a)
be located and maintained to prevent access to the lock on the entry door or any
adjacent window; or,
(b)
be sealed, if other facilities for delivery have been made.
9.7.7 Mail boxes provided by the landlord shall be properly maintained and be capable of
being secured.
9.8
INDOOR STORAGE OF REFUSE & RECYCLABLE MATERIAL
9.8.1 Every residential rental property shall have one or more suitable containers or
compactors shall be provided by the landlord for refuse and recyclable material and shall
either be stored or regularly disposed of so as not to cause a risk to the health or safety
of any person.
9.8.2 The container shall be maintained by the landlord in a clean and sanitary condition,
accessible to tenants and shall not obstruct an emergency route, driveway or walkway.
9.9
OUTDOOR STORAGE OF REFUSE & RECYCLABLE MATERIAL
9.9.1 Where refuse or recyclable material is permitted by an owner to be stored for disposal
outside of the enclosed walls of a building, the refuse or recyclable material shall:
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(a)
be stored in a container suitable for such a purpose and in a manner that does
not attract pests or create a health or safety hazard due to the nature of the
storage or through deterioration or misuse of the storage facility; and,
(b)
be blocked from view if it is stored less than 60m (196 ft) from a public highway,
street, walkway, park or residential property so as not to be visible from such
locations or as required under an approved site plan.
9.9.2 In addition to the conditions outlined in section 9.9.1, the storage of refuse or recyclable
material permitted by an owner shall be blocked from view and the aforesaid visual
blockage shall:
(a)
extend from grade to a height of 0.3 m (1ft) above the height of the storage
containers(s);
(b)
consist of continuous opaque visual barrier; and
(c)
be maintained in a clean, sanitary or odour controlled condition.
9.10
PEST PREVENTION
9.10.1 Every residential rental property shall be kept free of rodents, vermin and insects at all
times, and methods used for exterminating rodents and insects shall be in accordance
with any applicable legislation.
9.10.2 Openings and holes in a building containing rental units, including chimneys, windows,
doors, vents, holes for pipes and electrical fixtures, cracks and floor drains that might
permit the entry of rodents, vermin, insects, birds or other pests shall be screened or
sealed as appropriate.
9.11
MISCELLANEOUS
9.11.1 Every rental unit shall contain at least the following:
(a)
a toilet;
(b)
a kitchen sink
(c)
a washbasin; and,
(d)
a bathtub or shower or a combination thereof.
9.11.2 A washroom in a rental unit shall be an enclosed space and shall have:
(a)
a water-resistant floor;
(b)
water resistant walls in a tub surround and a shower;
(c)
a door which can be secured from the inside and can be opened from the outside
in an emergency; and,
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(d)
an artificial light fixture which is maintained.
9.11.3 No toilet or urinal shall be located in a room used for or intended to be used for sleeping
or preparing or consuming or storing food.
9.11.4 Hot water shall be provided to a sink, basin, bathtub and shower by safe equipment
operated to provide water at a temperature of not less that 43o Celsius and not more
than 49o Celsius.
9.11.5 An adequate and safe supply of potable water shall be provided at all times.
9.11.6 A residential rental property shall be insulated to minimize heat loss, air infiltration and
moisture condensation on the interior surfaces of the walls, ceiling and floor.
9.11.7 Piped plumbing and drainage systems and appurtenances in a residential rental property
shall be maintained free from leaks, defects or obstructions and adequately protected
from freezing.
9.11.8 All appliances such as refrigerators or cooking stoves supplied by the landlord shall be
maintained in a state of good repair and good working order by the landlord.
9.11.9 Locker and storage rooms shall be kept free of dampness, mould or mildew by the
landlord.
9.11.10 Elevators intended for use by the tenant shall be properly maintained by the landlord in
accordance with the regulations under Technical Standards and Safety Act, 2000, S.O.
2000, c. 16, as amended, and kept in operation except for such reasonable time as may
be required to repair or replace them.
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PART 10
DEMOLITION
10.1
DEMOLITION
10.1.1 Where a building, accessory building or other structure is being demolished, every
reasonable precaution shall be taken to protect adjoining property and members of the
public, which may include the erection of fences, barricades, covered ways for
pedestrians and all other means of protection necessary for the purpose.
10.1.2 Where a building, accessory building, fence or other structure on a property is
demolished, the site shall be cleared of all undesirable material, brush, recyclable
material and unsightly storage and left in a graded and levelled condition within thirty
(30) days.
PART 11
DAMAGE BY FIRE, STORM OR OTHER CAUSES
11.1 DAMAGE BY FIRE, STORM OR OTHER CAUSES
11.1.1 Subject to the provisions of Part 10 of this by-law, if a building or structure is damaged
by fire, a storm or by another cause:
(a)
immediate steps shall be taken to prevent or remove a condition which might
endanger persons in, on or near the property, building or structure;
(b)
the aforesaid building or structure shall be properly supported and barricaded
until the necessary demolition or repair can be carried out; and,
(c)
the aforesaid building or structure shall be demolished or repaired.
PART 12
ENFORCEMENT
12.1
POWERS OF ENTRY
12.1.1 A Property Standards Officer may, upon producing proper identification, enter upon any
property at any reasonable time without a warrant for the purpose of inspecting the
property to determine:
(a)
whether the property conforms with the standards prescribed in this by-law; or,
(b)
whether an Order made under the Act has been complied with.
12.1.2 For the purposes of an inspection, and in accordance with s. 15.8 of the Act, a Property
Standards Officer may:
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(a)
require the production for inspection of documents or things, including drawings
or specifications, that may be relevant to the property or any part thereof;
(b)
inspect and remove documents or things relevant to the property or part thereof
for the purpose of making copies or extracts;
(c)
require information from any person concerning a matter related to a property or
part thereof;
(d)
be accompanied by a person who has special or expert knowledge in relation to
a property or part thereof;
(e)
alone or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purposes of the inspection; and,
(f)
order the owner of the property to take and supply at the owner's expense such
tests and samples as are specified in the Order.
12.1.3 The Township may charge the owner of a property a fee or charge pursuant to the
Township's Fees and Charges By-Law to conduct an inspection, including increased
fees for multiple inspections.
12.2
ORDERS
12.2.1 A Property Standards Officer who finds that a property does not conform with any of the
standards prescribed in this by-law may make an order:
(a)
stating the municipal address or the legal description of the property;
(b)
giving reasonable particulars of the repairs to be made or stating that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded and
levelled condition;
(c)
indicating the time for complying with the terms and conditions of the order and
giving notice that, if the repair or clearance is not carried out within that time, the
municipality may carry out the repair or clearance at the owner's expense; and,
(d)
indicating the final date for giving notice of appeal from the order (an "Order").
12.2.2 An Order shall be served on the owner of the property and such other persons affected
by it, as the Property Standards Officer determines, and a copy of the Order may be
posted on the property.
12.2.3 An Order may be registered in the proper land registry office and, upon such registration,
any person acquiring any interest in the land subsequent to the registration of the Order
shall be deemed to have been served with the Order on the day on which the Order was
served and, when the requirements of the Order have been satisfied, the Clerk of the
Township shall forthwith register in the proper land registry office a certificate that such
requirements have been satisfied, which shall operate as a discharge of the Order.
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12.3
APPEALS
12.3.1 An owner or occupant who has been served with an Order may appeal the Order to the
Committee (hereinafter defined) by sending a notice of appeal by registered mail to the
secretary of the Committee within fourteen (14) days after being served with the Order
along with the applicable fee.
12.3.2 An Order that is not appealed within the time referred to in section 12.3.1 shall be
deemed to be confirmed.
12.3.3 The Committee shall hear the appeal.
12.3.4 On an appeal, the Committee has all the powers and functions of the Property
Standards Officer who made the Order and the Committee may do any of the following
things if, in the Committee's opinion, doing so would maintain the general intent and
purpose of the by-law and of the official plan or policy statement:
(a) confirm, modify or rescind the Order to demolish or repair; or,
(b) extend the time for complying with the order.
12.4
FAILURE TO COMPLY WITH AN ORDER
12.4.1 If an Order is not complied with, the Township may cause the property to be repaired,
cleaned, cleared up or demolished, as the case may be.
12.4.2 For the purpose of section 12.4.1 of this by-law, employees or agents of the Township
may enter the property at any reasonable time, without a warrant, in order to repair,
clean, clear or demolish the property.
12.4.3 The Township or a person acting on its behalf is not liable to compensate the owner,
occupant or any other person by reason of anything done by or on behalf of the
Township in the reasonable exercise of its powers under section 12.4.2 of this by-law.
12.4.4 The Township shall have a lien on the land for the amount spent on the repair, cleaning,
clearing or demolition under section 12.4.1 of this by-law and the amount shall have
priority lien status as described in s. 1 of the Municipal Act, 2001.
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12.5
CERTIFICATE OF COMPLIANCE
12.5.1 A Property Standards Officer who, after inspecting a property, is of the opinion that the
property is in compliance with the standards established by this by-law, may issue a
Certificate of Compliance to an owner who requests one and who pays the applicable
fee.
12.6
ENFORCEMENT
12.6.1 This by-law may be enforced by a Property Standards Officer.
12.7
OFFENCES AND PENALTIES
12.7.1 Every person who contravenes any of the provisions of this by-law is guilty of an offence
and pursuant to section 429 of the Municipal Act and all contraventions of this by-law are
designated as continuing offences.
12.7.2 Every corporation who is convicted of an offence is liable to a maximum fine of Fifty
Thousand Dollars ($50,000.00) for the first offence and One Hundred Thousand Dollars
($100,000.00) for a subsequent offence
12.7.3 In addition to the fine amounts set out in sections 12.7.2 and 12.7.3, for each day or part
of a day that an offence continues, the minimum fine shall be Five Hundred Dollars
($500.00) and the maximum fine shall be Ten Thousand Dollars ($10,000.00). The total
of all daily fines for the offence is not limited to One Hundred Thousand Dollars
($100,000.00).
PART 13
PROPERTY STANDARDS COMMITTEE
13.1
PROPERTY STANDARDS COMMITTEE
13.1.1 A Committee is hereby established to hear appeals of Orders, in accordance with s. 15.3
of the Act (the "Committee").
13.1.2 The Committee shall be composed of such persons, not fewer than three (3), as Council
considers advisable.
13.1.3 The members of the Committee shall hold office for four (4) years concurrent with the
term of Council. When a vacancy occurs in the membership of the Committee, Council
shall forthwith fill the vacancy.
13.1.4 The members of the Committee shall be paid such compensation as the Council may
provide.
13.1.5 The members of the Committee shall elect a Chair from among themselves. When the
Chair is absent through illness or otherwise, the Committee may appoint another
member as acting Chair.
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13.1.6 A majority of the members of the Committee constitutes a quorum for transacting the
Committee's business.
13.1.7 The members of the Committee shall provide for a Secretary for the Committee.
13.1.8 The Secretary of the Committee shall keep on file the records of all official business of
the Committee, including records of all applications and minutes of all decisions
respecting those applications.
13.1.9 The Committee may adopt its own rules of procedure and any member of the Committee
may administer oaths.
13.10 The Committee shall give notice or direct that notice be given of the hearing of an appeal
to such persons as the Committee considers advisable.
PART 14
EFFECT
14.1
SEVERABILITY
14.1.1 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 this by-law and it is hereby
declared that the remainder of this by-law shall be valid and shall remain in full force and
effect.
14.2
SHORT TITLE
14.2.1 This by-law may be referred to as the "Property Standards By-Law".
14.3
COMING INTO FORCE
14.3.1 This by-law shall come into force on the date of its passage by Council
14.3.1 By-law 57-2007 is hereby repealed.
Passed this 27th day of March, 2012.
Todd A. Cowan
Mayor
Christine Broughton
Clerk