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THE CORPORATION OF THE
TOWNSHIP OF ZORRA
BY-LAW NO. 54-18
BEING A BY-LAW TO PROVIDE FOR STANDARDS
UNDER WHICH PROPERTIES ARE MAINTAINED
AND REPEAL BY-LAWS 26-04, 29-06 & 23-07.
WHEREAS under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, a by-law
may be passed by the Council of a municipality prescribing the standards for the
maintenance and occupancy of property within the municipality provided the official plan
for the municipality includes provisions relating to property conditions;
AND WHEREAS the Official Plan for the Corporation on the Township of Zorra includes
provisions relating to property conditions;
AND WHEREAS the Council of the Corporation on the Township of Zorra is desirous of
passing a by-law under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;
AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that
a by-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall
provide for the establishment of a Property Standards Committee;
NOW THEREFORE the Council of the Corporation on the Township of Zorra hereby
enacts the following:
PART 1
DEFINITIONS
1.0
Definitions:
"Accessory Building" means a detached building or structure, not used for
human habitation that is subordinate to the primary use of the same property.
"Act" means an enactment or statute of the Province of Ontario.
"Approved" means acceptance by the Property Standards Officer/Municipal
Law Enforcement Officer.
"Basement" shall mean that portion of a building between two floor levels, which
is partly underground.
"Building" means any structure used or intended to be used for supporting or
sheltering any use or occupancy.
"Building Code" means the Building Code Act, 1992, S.O. 1992, c. 23 and any
regulations made under that Act.
"Chief Building Official" means the Chief Building Official appointed under
Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for the
enforcement thereof.
"Committee" means a Property Standards Committee established under
Section 15.6 of the Building Code.
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By-law No. 54-18
"Council" shall mean the Council of the the Corporation of the Township of
Zorra.
"Dwelling" means a building, structure, mobile home or recreational vehicle with
or without kitchen facilities or a part of such a building or structure, which is, or is
intended to be used for the purpose of human habitation, and includes such a
building, home or vehicle that would be intended to be used for such purposes,
except for its state of disrepair;
"Dwelling unit" means a room or a suite of rooms operated as a housekeeping
unit, used or intended to be used as a residence by one or more persons and
supporting general living conditions usually including cooking, eating, sleeping,
and sanitary facilities. Dwelling unit is two or more rooms used or designed to be
used by one or more individuals as an independent or self-contained domestic
unit or housekeeping establishment.
"Exterior property area" means the building lot excluding buildings.
"Fence" means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to
property or acting as a visual or acoustic screen.
"Ground cover" means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
"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" means any room in a dwelling unit used or designed to be
used for the purpose of living, sleeping, eating, cooking or preparation of food
and without limiting the foregoing shall include den, library, sunroom or
recreational room or any combination thereof;
"Non-habitable space" means a bathroom, toilet room, water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway,
closet, storage room, boiler room, furnace room, accessory space for service,
maintenance or access within a building or a room or space which does not
comply with the minimum standards for residential occupancy.
"Non-Residential Property" means a building or structure or part of a building
or structure not occupied in whole or in part for the purpose of human habitation
and includes the lands and premises appurtenant and all of the outbuildings,
fences or erections thereon or therein.
"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 by the
Council the responsibility of administering and enforcing the provisions of this by-
law.
"Owner" includes the owner in trust, a mortgagee in possession, the person for
the time being, managing or receiving the rent of the land or premises in
connection with which the word is used whether on his own account, or as agent
or trustee of any other person, or who would receive the rent if the land and
premises were let, and shall also include a lessee or occupant of the property
who, under the terms of a lease, is required to repair and maintain the property in
accordance with the standards for the maintenance and occupancy of property.
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By-law No. 54-18
"Person" means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
"Property" means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected and includes vacant property.
"Repair" includes additions or alterations or the taking of such action as may be
required so that the property shall conform to the standards established in this
Bylaw.
"Safe condition" means a condition that does not pose or constitute an undue
or unreasonable hazard or risk to life, limb or health of any person on or about
the property and includes a structurally sound condition.
"Sewage system" means the storm sewers, sanitary sewers and combined
sewers, or a private sewage disposal system approved by the Chief Building
Official or Public Health inspector.
"Sign" means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate
advertise or direct attention to any person, business, service, commodity or use
"Township" shall mean the Corporation of the Township of Zorra.
"Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle or
other mechanical power driven equipment, or farm implement.
"Visual barrier" shall mean a continuous, uninterrupted structure and/or fence
which completely blocks lines of sight when viewed perpendicularly from either of
its sides and shall consist of one or more of the following materials: wood, stone,
bricks, mortar, fabricated metal or other similarly solid material approved by the
Property Standards Officer or Chief Building Official.
"Waste" means any litter, article, thing, matter, refuse, substance or effluent
that: has been cast aside, discharged or abandoned or; is discarded from its
usual and intended use or; is used up, in whole or in part, or expended or worn
out in whole or in part arising from a residence, belonging to or associated with a
house or use of a house or residential property and/or from industrial or
commercial operations.
"Yard" means the land other than publicly owned land around or appurtenant to
the whole or any part of a residential or non-residential property and used or
capable of being used in connection with the property.
PART 2
GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01 SCOPE
1. No owner or occupant of property shall use, occupy, or allow, permit or
acquiesce in the use or occupation of the property unless such property
conforms to the standards prescribed in this by-law.
2. No person, being the owner or occupant of a property, shall fail to maintain the
property in conformity with the standards required in this by-law.
3. The owner of any property which does not conform to the standards in this by-
law shall repair and maintain the property to conform to the standards or shall
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clear the property of all buildings, structures, garbage, rubbish, waste or
accumulations of such materials that prevent access to or exit from the property
in the case of emergency, or other safety or health hazard and shall leave the
property in a graded and leveled condition.
4. All repairs and maintenance of property shall be carried out with suitable and
sufficient materials and in a manner accepted as good workmanship within the
trades concerned.
5. All new construction or extensive repairs shall conform to the Ontario Building
Code, where applicable.
6. This by-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation'' under the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, from carrying out a normal farm practice as provided for
and defined under that Act.
2.02 YARDS
1. Shall be kept clean and free of litter, rubbish, waste, salvage, refuse, decaying or
damaged trees, branches and limbs, objects or conditions that might create a
health, fire, accident hazard or unsightly condition.
2. Every property shall be kept free from garbage, rubbish, waste or accumulations
of such materials that prevent access to or exit from the property .
3. Without restricting the generality of this Section, such maintenance includes the
removal of:
a. rubbish, garbage, litter and waste;
b. injurious insects, termites, rodents, vermin and other pests; and any
condition which may promote an infestation.
c. trees, bushes and hedges, including any branches or limbs thereof, which
are dead, decayed or damaged, and brush;
d. noxious weeds pursuant to the Weed Control Act and any excessive
growth of other weeds, grass and bushes;
e. wrecked, dismantled, inoperative, discarded or unlicensed vehicles,
trailers, machinery or parts thereof, except in an establishment licensed or
authorized to conduct a salvage, wrecking or repair business and then
only if such establishment conforms with any relevant Bylaws, Chapters
or statutes; and
f. dilapidated or collapsed buildings, structures or erections, and the filling in
or protecting of any unprotected well.
2.03 OUTDOOR STORAGE OF MATERIALS- NO IMMEDIATE USE
No machinery or parts thereof, or other object, or material, not associated with
the normal occupancy and use of a property, including among other things,
appliances, fixtures, paper, cartons, boxes, or building materials such as lumber,
masonry material or glass, other than that intended for immediate use on the
property, shall be stored or allowed to remain in an exterior property area.
2.04 GARBAGE RECEPTACLES
Every building shall be provided with sufficient proper receptacles to contain all
garbage, ashes or waste, which accumulates on the property, and such materials
shall be placed for collection in proper receptacles in compliance with applicable
laws and not allowed to accumulate for longer than fourteen (14) days.
1. Receptacles for garbage shall be:
a. made of watertight construction
b. provided with a tight fitting cover, which may be removed only when the
receptacle is empty or is being actively loaded;
c. maintained in good condition without holes or spillage; and
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By-law No. 54-18
d. closed, or emptied, rinsed and cleaned when not in use, to prevent the
escape of offensive odour or waste.
2. Plastic bags shall be considered acceptable receptacles under subsection above
provided they are:
a. adequately secured so as to prevent spillage;
b. not stored outdoors unless protected from access by animals or vermin:
and
c. otherwise are maintained in compliance with 1. above.
3. Where commercial, industrial, or residential on site garbage containers are
visible from a public street or land, or residential properties, the area where the
receptacles are stored shall be screened from view.
2.05 GARBAGE CHUTES-ROOMS-CONTAINERS-STANDARDS
Garbage chutes, disposal and collection rooms, containers and receptacles shall
be washed down, disinfected and maintained to be clean, odour free and in good
working order and good repair.
2.06 UNENCLOSED PORCH - BALCONY
Every unenclosed porch or unenclosed balcony, and every exterior and common
area shall be kept free of garbage, waste, or appliances.
2.07 GRASS-TREES- BUSHES-HEDGES-LANDSCAPING
Grass, trees, bushes, hedges and other landscaping, shall be maintained to
prevent an unsightly or unreasonable overgrowth in relation to the neighbouring
environment.
2.08 GROUND COVER- EROSION CONTROL
Suitable ground cover shall be provided and maintained to prevent erosion of the
soil and so as to be in harmony with the neighbouring environment. Where grass
forms part of the ground cover, it shall be resodded or reseeded as often as is
required to maintain the grass in a living condition.
2.09 LOT GRADING-DRAINAGE
1. All yards shall be provided and maintained with adequate surface water
drainage, including suitable provisions for its disposal, without causing erosion,
so as to prevent ponding or the entrance of water into a basement or crawlspace.
2. No roof, driveways or other surface drainage, and the drainage of water from
swimming pools shall be discharged on an entranceway, walkway, sidewalk,
stair, steps or adjacent property, or on to any highway, or in such a manner that it
will penetrate or damage a building, structure or property.
3. Every roof drainage shall be discharged onto the ground at least 1 metre (39
inches) from the building or structure, providing that it does not adversely affect
adjacent properties, or cause erosion. Lot drainage shall be contained within the
limits of the premises from which it originated until absorbed by the soil or
drained to an approved swale or ditch.
4. No fill shall be allowed to remain in an unleveled state on any property for longer
than fourteen (14) days, unless the property is:
a. a construction site for which a building permit is in effect.
5. No fill shall be left in an uncovered state (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 building permit is in effect;
b. a property being subdivided under subdivision agreement with the
Township of Zorra or
c. property being actively farmed.
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By-law No. 54-18
2.10 WALKWAYS AND DRIVEWAY
1. Surface conditions of walkways, driveways and yards shall be installed and
maintained in a safe condition with non-organic ground cover so as to:
a. prevent ponding of storm water;
b. not exhibit an unsightly appearance;
c. be kept free of garbage and waste;
d. be kept free of deep ruts and holes;
e. provide for safe passage under normal use and weather conditions, day
or night; and
f. not to create a nuisance to other property.
2.11 PARKING LOTS
1. Parking lots, driveways and other similar public access areas of a yard shall be
maintained so as to afford safe passage under normal use and weather
conditions and be free from health and other hazards.
2. Parking lots, driveways and other similar public access areas of a yard shall be
kept clean and free of litter, rubbish, waste, salvage, refuse, decaying or
damaged trees, branches and limbs, objects or conditions that might create a
health, fire, accident hazard or unsightly condition.
2.12 SNOW DISPOSAL-STORAGE
1. A property owner shall cause any snow disposal site or a snow storage site on
that property to be:
a. maintained so as not to cause a hazard on the property; and
b. maintained in such a manner and location on a property so as to prevent a
hazard, flooding, erosion and other damage to neighbouring private or
public lands.
2.13 EXTERIOR LIGHTING
1. Every stairway, exterior exit and entrance doorway, cellar, basement entrance or
building entrance shall have a permanently installed lighting fixture that shall be
maintained in good working order.
2. All underground parking areas and common areas shall be illuminated so as to
provide safe passage.
3. Facilities for lighting shall be maintained in a good state of repair.
4. Outdoor lighting and indoor lighting that can be seen outdoors shall be placed
and maintained, or have barriers or shades placed and maintained so as to
prevent or block direct illumination of the interior of a dwelling on adjacent
property regardless of whether such dwelling has or may have shades, drapes or
other interior window coverings.
2.14 RETAINING WALL
All retaining walls, screen walls and ornamental walls shall be constructed of
durable material and shall be maintained in a structurally sound condition.
2.15 WELLS -CISTERN-CESSPOOL-PRIVY VAULT-PIT OR EXCAVATION
A well, cistern, cesspool, privy vault, pit or excavation shall be permanently
sealed, or secured by a fence, cover or netting, unless it is in active use, in which
event it shall be secured by fencing with warning signs until the use has ceased,
whereupon they shall be sealed or secured as required above.
2.16 ACCESSORY BUILDINGS
1. The foundations, walls, roofs and all parts of accessory buildings and other
structures appurtenant to the main building shall be:
a. constructed with suitable materials;
b. maintained in good repair;
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By-law No. 54-18
c. protected from deterioration by the application of paint or other suitable
protective material.
2.17 FENCE
1. A fence erected on a property or separating adjoining properties shall be
maintained:
a. in good repair; (free from loose or insufficiently secured, rotten, warped or
broken materials),
b. in a safe and structurally sound condition so as to be capable of sustaining
safely its own weight together with any load to which it might reasonably be
subject to shall be free of dangerous objects. and:
c. reasonably plumb, unless specifically designed to be other than vertical.
2. The owner of any property used for multiple-dwelling, commercial, institutional, or
industrial purposes shall install and maintain a visual barrier not less than 1.2
meters (4 feet) and not more than 1.8 meters (6 feet) in height where such
property is used for the parking, access, and exiting of vehicles by tenants,
employees, or customers or when used for the operation of equipment or when
used for the storage of goods, or when used for any other purpose which may
detract from the enjoyment and good appearance of an abutting residential
property.
2.18 TOWER-GANTRIES-MASTS-ANTENNAE
1. Towers, gantries, masts, antennae and structures of similar character and any
attachment thereto shall be maintained:
a. reasonably plumb, unless specifically designed to be other than vertical;
b. in good repair;
c. in a safe and structurally sound condition; and
2.19 SIGNS
1. A sign and any structure connected therewith shall be installed and maintained:
a. in good repair without any visible deterioration when viewed from any
property other than the property on which the sign is situated;
b. in a safe and structurally sound condition; and
c. in a reasonably vertical plane unless otherwise approved by the Township
of Zorra. An unused or discarded sign shall be removed from the property
or shall be stored within a building.
PART 3
EXTERIOR PROPERTY AREAS
3.01 STRUCTURAL ADEQUACY-CAPACITY
1. All repairs and maintenance of property required by the standards prescribed in
this Bylaw shall be carried out in a manner accepted as good workmanship in the
trades concerned and with materials suitable and sufficient for the purpose.
2. Every part of a property shall be maintained in good repair and in a structurally
sound condition so as:
a. to be capable of sustaining safely its own weight, and any additional load to
which it may normally be subjected;
b. to be capable of safely accommodating all normal structural movements
without damage, decay or deterioration;
c. to prevent the entry of moisture that would contribute to damage, fungus
growth, decay or deterioration; and
d. to be capable of safely and adequately performing its function subject to all
reasonable serviceability requirements.
3.02 FOUNDATION WALLS-BASEMENTS
1. All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound.
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2. Every basement, cellar and crawl space in a property shall be maintained in a
reasonably watertight condition so as to prevent the leakage of water into the
building.
3.03 EXTERIOR WALLS-SURFACES-CLADDING-MASONRY
1. All exterior walls and surfaces of every building or structure shall be sound,
plumb, and weathertight, free from loose or unsecured objects and maintained
in good repair:
a. In good repair free from cracked or broken masonry units, defective or
deteriorated wood or metal siding or trim, cracked, broken or loose stucco,
loose or unsecured objects; and
b. Shall be so maintained by the painting, restoring or repairing of the walls,
coping or flashing, by the waterproofing of joints and the walls themselves,
by the installation of or repairing of weathertight finishing, or the
installation of termite shields, if required.
c. All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and
the covering renewed when it becomes damaged or deteriorated.
d. Every part of a building including the exterior shall be maintained in a
structurally sound condition and so as to be capable of sustaining safely
its own weight and any additional weight that may be put on it through
normal use.
3.04 DOORS-WINDOWS-CELLAR- HATCHWAYS
1. Windows, skylights, exterior doors and frames, basement or cellar hatchways,
attic access doors including storm and screen doors and storm windows shall be
maintained in good working order, good repair, in a safe condition and shall be of
such construction so as to prevent the entrance of wind, snow or rain into the
building and to minimize heat loss through infiltration.
2. At least one entrance door in every dwelling unit shall have hardware so as to be
capable of being locked from inside and outside the dwelling unit.
3. All windows capable of being opened and all exterior doors shall have hardware
so as to be capable of being locked or otherwise secured from inside the
building.
4. All windows capable of being opened shall be equipped with a screen to prevent
the passage of insects and the screen shall be maintained in a good condition.
3.05 WINDOW SCREENS
1. When an exterior opening is used or required for ventilation or illumination and is
not required to be protected by a door, window or similar closure, it shall be
protected with:
a. mesh screening, metal grills, or other equivalent durable rust proof
material; or
b. other protection so as to effectively prevent the entry of rodents, large
insects or vermin.
3.06 CANOPIES-MARQUEES-AWNINGS
All canopies, marquees and awnings shall be properly anchored so as to be kept
in safe and sound condition and shall be protected from decay and rust by a
periodic application of weather-coating material.
3.07 ROOF
1. Every roof, and all of its components shall be maintained in good repair and in a
safe and structurally sound condition.
2. Without restricting the generality of this Section, such maintenance includes:
a. removal of loose, unsecured or rusted objects or materials;
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By-law No. 54-18
b. removal of dangerous accumulations of snow or ice;
c. keeping roofs and chimneys in water-tight condition so as to prevent
leakage of water into the building; and
d. keeping all roof-related structures plumb unless specifically designed to be
other than vertical.
3.08 EAVES TROUGH SYSTEM- METAL DUCTS-FLASHING
1. Metal eaves trough, roof gutter, rainwater pipe, downspouts, flashing and all
exterior metal ducts shall be properly secured free from loose or unsecured
objects, free from obstructions and health hazards, weather-tight, free of holes
and maintained in good repair.
2. Every eaves trough, roof gutter, rainwater pipe, downspout and flashing shall be
properly secured and be kept in good repair, free from obstructions and health
hazards.
3. Metal eaves troughs, rainwater pipes, flashing 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 when necessary.
4. Every roof drainage shall be discharged onto the ground at least 1 metre (39
inches) from the building or structure, when it is physically possible to do so,
providing that it does not adversely affect adjacent properties, or cause erosion.
3.09 CHIMNEY FLUES
1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar equipment
shall be constructed, installed and maintained free from obstruction and shall
prevent:
a. the entrance of smoke or gases into a building;
b. the heating of adjacent combustible materials, walls and structural
members to unsafe temperatures; and
c. fire, health or other hazards.
2. Any fuel burning heating equipment used in a building shall be properly vented to
the exterior by means of an approved smoke pipe, vent pipe or chimney.
3.10 GARAGE-CARPORT
1. The construction between an attached or built-in garage or carport and a dwelling
unit shall provide an effective barrier to gas and exhaust fumes.
2. A door between an attached or built-in garage and a dwelling unit shall be tight-
fitting and weather-stripped to provide an effective barrier against the passage of
gases and exhaust fumes and shall be fitted with a self-closing device.
3. Garages and carports, including floors, shall be maintained in good repair and
free from hazards.
PART 4
INTERIOR OF BUILDINGS, STRUCTURES AND DWELLINGS
4.01 INTERIOR STRUCTURE-COLUMNS-BEAMS
In every building, all structural components, including but not limited to all joists,
beams, studding, and roof rafters, shall be of sound material and adequate for
the load to which they are subjected.
4.02 WALLS-CEILINGS
1. Every interior surface and finish of walls and ceilings shall be maintained:
a. in good repair, a surface which is reasonably smooth, clean, tight and
easily cleaned
b. free of holes, cracks, loose plaster or other material
c. in a safe condition; and
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By-law No. 54-18
d. so as to possess the fire-resistant properties required by the Building and
Fire Codes.
2. In any bathroom the walls to a height of forty-two (42) inches above a bathtub
equipped with a shower or six (6) feet above the floor of a shower stall, shall be
maintained as to be water resistant and readily cleaned.
4.03 FLOORS
1. Every floor shall be smooth and level and maintained so as to be free of all loose,
warped, protruding, broken or rotted boards that may create an unsafe condition
or surface. Such defective floors shall be repaired or replaced.
2. Where a floor covering has become worn or torn so that it retains dirt or may
create an unsafe condition, the floor covering shall be repaired or replaced.
3. Every bathroom, kitchen, laundry and shower room shall have a floor covering of
water-resistant material and readily cleaned.
4. Every cellar and basement shall have a floor of concrete or other material
acceptable under the provisions of the Building Code, to ensure water drainage
and to guard against the entry of vermin.
4.04 STAIRS- HANDRAILS-GUARDS
1. Every inside or outside stair and every porch or landing appurtenant to it shall be
maintained so as to be free of holes, cracks and other defects which constitute
accident hazards.
2. All handrails and balustrades, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be maintained in good repair so as to
be free of holes and other defects which constitute accident hazards, shall be
properly anchored so as to be kept in a safe and secured condition, shall be
structurally sound for the loads imposed through their normal use and, if metal,
shall be protected from rust or similar decay by a periodic application of paint.
3. Handrails shall be installed and maintained in good repair on all exterior stairs
that have more than 3 risers and on all interior stairs within dwelling units that
have more than 2 risers.
4. All handrails and balustrades, stairways, fire escapes, balconies, landings and
porches and similar appurtenances shall be maintained in good repair, shall be
properly anchored so as to be kept in a safe and secured condition, shall be
structurally capable of supporting the loads imposed through their normal use
and, if metal, shall be protected from rust or similar decay by a periodic
application of a protective coating such as paint.
4.05 ELEVATORS
1. Elevating devices in a building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators and ventilation fans shall be maintained in good
repair and operational.
2. All elevating devices including elevators, dumb-waiters, hoists, escalators, incline
lifts and other elevating devices shall be installed and maintained:
a. in good working order and good repair; and
b. in a safe condition.
4.06 MEANS OF EGRESS
1. Every building, structure or dwelling unit shall have a safe, continuous and
unobstructed passage from the interior to an exit or the outside of the building at
street or grade level.
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2. Exterior stairs and fire escapes shall be maintained in a safe state of repair and
kept free of ice and snow.
4. The passage required as egress from one dwelling unit shall not pass through
any other dwelling unit.
5. In every multi-residential dwelling where a security locking-and-release system
has been provided in the front or rear lobby for the entrance into the multiple
dwelling and that system is controlled from each dwelling unit, such system shall
be maintained in good repair and in an operating condition.
6. Where a non-residential building contains dwelling units located at other than
grade level, there shall be a secondary means of continuous and unobstructed
egress from such dwelling units.
7. All means of egress within a non-residential property shall be maintained free
from all obstructions or impediments;
a. provided with clear, unobstructed and readily visible exit signs, for every
required exit; and
b. provided with lighting facilities capable of illuminating the means of egress
to ensure the safe passage of persons exiting the building.
4.07 HEATING
1. Every residential dwelling shall have heating equipment capable of maintaining a
temperature of 21°Celsius when the outside temperature is at or near -18
°Celsius.
2. It is the responsibility of the owner that all heating and mechanical systems, and
their components be installed, operational and maintained in good working order.
3. Only heating equipment approved for use by a recognized standards and testing
authority shall be provided in a room used or intended for use for sleeping
purposes.
4. No rental residential dwelling unit shall be equipped with portable heating
equipment as the primary source of heat.
5. Solid fuel burning appliances shall conform to the standards as set out in the
Building Code. Fireplaces and similar construction used or capable of being used
for burning fuels in open fires shall be connected to approved chimneys and shall
be installed so as not to create a fire hazard to nearby or adjacent combustible
materials and structural members.
6. If heating equipment burns solid or liquid fuel, a storage place or receptacle for
the fuel shall be provided in a safe place and maintained in a safe condition.
7. Fuel-burning equipment shall be vented to a flue by means of rigid connections
leading to a chimney or a vent or flue. All flues shall be kept clear of obstructions
8. Every chimney, smoke pipe and flue shall be maintained so as to prevent gas
from leaking into the building.
4.08 AIR CONDITIONING
1. Air conditioners shall be equipped with adequate devices for the prevention of
condensation drainage on to entrance areas, sidewalks or pathways and shall be
maintained in a safe mechanical and electrical condition.
2. Cooling water from water-cooled equipment shall not be discharged on
driveways, walkways or other areas used for pedestrian or vehicular traffic, or in
such manner that it may cause damage to the walls, foundations or other parts of
a building.
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By-law No. 54-18
3. The discharge of cooling water from all water-cooled equipment shall be made to
a proper drainage system and shall be connected in accordance with all
applicable governmental regulations.
4.09 ELECTRICAL
1. Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system. An adequate supply of
electrical power shall be available in all occupied parts of every dwelling, suite
and building.
2. 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 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 in good working order.
3. Extension cords are not permitted on a permanent basis.
4.10 VENTILATION
1. Ventilation shall be provided to and maintained and operated in all rooms and
spaces within a building so as to prevent accumulations of heat, dust, fumes,
gases, including carbon monoxide, vapours and other contaminants which may
create a fire, explosion, toxic hazard or health hazard.
2. Every ventilation system shall be cleaned regularly and maintained in good
working condition and good repair.
3. When an exterior opening is used or required for ventilation and is not required to
be protected by a door, window or similar closure, it shall be protected with
screens in accordance with this by-law.
4. An opening for natural ventilation may be omitted from a bathroom or toilet room
where a system of mechanical ventilation has been provided.
5. Every basement, cellar, unheated crawl space and attic shall be vented and such
vents shall be designed and maintained to prevent entry of snow, rain, rodents
and insects:
4.10 LIGHTING
1. Every stairway, exterior exit and entrance doorway, bathroom, kitchen, hall,
cellar, basement, laundry, furnace room and non-habitable work room in a suite,
dwelling unit or building shall have a permanently installed lighting fixture that
shall be maintained in a safe condition and in good working order.
2. Lighting equipment shall be installed throughout every property to provide
adequate illumination for the use of each space so as to provide safe passage.
4.11 PLUMBING
1. All plumbing, drain pipes, water pipes and plumbing fixtures in every building and
every connecting line to the sewage system shall be maintained in good working
order and free from leaks and defects and all water pipes and appurtenances
thereto shall be protected from freezing.
2. Plumbing systems on a property shall be provided, installed and maintained:
a. in compliance with the respective requirements of any applicable Act or by-
law;
b. in good working order and good repair; and
c. in a safe condition.
3. All plumbing fixtures shall be connected to the sewage system through water
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By-law No. 54-18
seal traps.
4.12 WATER SUPPLY
1. Every dwelling and every building to which water is available under pressure
through piping shall be provided with:
a. adequate supply of hot water with a temperature range from 60 to 73.8
Celsius or 140 to 165 degrees Fahrenheit shall be provided and
maintained in all dwelling units; and
b. piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
c. piping for cold water connected to every toilet and hose bib.
4.13 SEWAGE SYSTEM
1. Every plumbing fixture in every building shall discharge the water, liquids or
sewage into drainage piping, which shall be connected to a municipal sewage
system, or a system approved by the authority having jurisdiction and in
accordance with all applicable law.
2. Sewage or organic waste shall not be discharged to the surface of the ground,
but into a sewage system where such system exists. Where a sewage system
does not exist, sewage or organic waste shall be disposed of in a manner
according to the Ontario Building Code.
3. The land in the vicinity of a sewage system shall be maintained in a condition
that will not cause damage to or impair the functioning of the sewage system.
4.14 VERMIN CONTROL
Every property shall be maintained so as to be free from vermin and conditions
that may promote an infestation at all times.
PART 5
ADDITION REQUIREMENT FOR RESIDENTIAL OCCUPANCY
5.01 OCCUPANCY STANDARDS
1. A non-habitable room shall not be used as a habitable room
2. No kitchen shall be used as a bedroom.
3. The minimum dimension of any habitable room shall be 2 metres (6.5 feet).
4. The minimum area of a bedroom in a dwelling unit used by only one person shall
be 6 square metres (64.5 square feet).
5. The minimum area of a bedroom in a dwelling unit used as a bedroom by two or
more persons shall be 4.6 square metres (49.5 square feet) for each person.
6. Every habitable room shall have a ceiling height of at least 2.29 metres (7 feet, 6
inches). For the purpose of computing the floor area of a habitable room, no floor
area under a ceiling height which is less than 2.13 metres (7 feet) shall be
counted except for a bedroom which complies with the provisions that at least
one half of any habitable room located directly beneath a roof and having a
sloping ceiling, shall have a ceiling height of at least 2.29 metres (7 feet, 6
inches) and the area of that part of the room where the ceiling height is less than
1.5 metres (4.9 feet) shall not be considered as part of the area of the room for
the purpose of determining the maximum permissible occupancy thereof.
7. No basement or portion thereof shall be used as a dwelling unit, unless it meets
the following requirements:
a. access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room;
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By-law No. 54-18
b. each habitable room shall comply with all the requirements for ingress,
egress;
c. light, ventilation and ceiling height set out in this Bylaw and the Building
Code;
d. floors and walls are constructed so as to be impervious to leakage of
underground or surface run-off water.
5.02 TOILET AND BATHROOM FACILITIES
1. Every dwelling unit shall contain plumbing fixtures in good repair and in an
operative condition, consisting of a minimum of one toilet, one sink, and one
bathtub or shower.
2. All bathrooms and toilet rooms shall be located within and accessible from within
the dwelling unit.
3. All bathrooms and toilet rooms shall be fully enclosed and maintained so as to
provide privacy for the occupant.
4. No toilet or urinal shall be located within a bedroom or a room that is used for the
preparation, cooking, storing or consumption of food.
PART 6
NON-RESIDENTIAL PROPERTY STANDARDS
6.01 YARDS
1. Every owner, and every occupant in that part of non-residential property that is
occupied or controlled by the occupant, shall maintain to the standards as
described in Part 2 of this by-law and:
a. in a sanitary and safe condition, free from litter, refuse and waste including such
litter and refuse as may be left by customers or other members of the general
public and shall provide containers for the disposal of such litter or refuse;
b. free from objects conditions which are health, fire or safety hazards; and
c. free from rodents, insects or vermin.
2. The warehousing or storage of material or operative equipment that is required
for the continuing operation of the industrial or commercial aspect of the property
shall be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition and shall provide unconstructive
access for emergency vehicles. Where conditions are such that a neat and
orderly fashion is achieved but is still offensive to view, the offensive area shall
be suitably enclosed by a solid wall or a painted board or metal fence not less
than 1.8 metres (6 ft.) in height and maintained in good repair.
6.02 MEANS OF EGRESS
1. All means of egress within a non-residential property shall be:
a. maintained free from all obstructions or impediments;
b. provided with clear, unobstructed and readily visible exit signs, for every
required exit;
c. provided with lighting facilities capable of illuminating the means of egress
to; and
d. ensure the safe passage of persons exiting the building.
6.03 GUARDRAILS
A guard shall be installed and maintained in good repair on the open side of any
stairway or ramp containing three (3) or more risers including the landing or a
height of 600 mm (24 inches) between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches, balconies.
Guardrails, balustrades and handrails shall be constructed and maintained rigid
in nature.
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By-law No. 54-18
6.04 SEPARATIONS
Every dwelling unit shall be maintained and protected so as to prevent the
passage of noxious fumes and gases from a part of the building that is not used
for human habitation into other parts of the dwelling unit.
6.05 VENTILATION
1. All non-residential properties shall be adequately ventilated by natural or
mechanical means 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.
2. Ventilation shall be provided for every locker room, clothes drying room and room
in which plumbing fixtures are installed, either by means of natural ventilation
through openings directly to the outside air or by means of mechanical
ventilation, which ventilation will ensure a complete change of air within the
rooms at least once per hour.
3. Where a system of mechanical ventilation to exhaust noxious fumes, gases, dust
or sawdust from a building is installed, the discharge from the system shall
comply with the Building Code.
4. Mechanical ventilating equipment and the supports for each equipment shall be
maintained in good repair and in safe mechanical condition.
6.06 LIGHTING
All non-residential establishments shall install and maintain sufficient windows,
skylights, and lighting fixtures necessary for the safety of all persons attending
the premises.
6.07 SALVAGE YARD
Salvage yards shall be effectively screened from public view by a visual barrier.
PART 7
VACANT- DAMAGED-DEMOLITION
7.01 VACANT LAND
1. Vacant land shall be maintained to the standards as described in Part 2, of this
by-law.
2. Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
7.02 VACANT BUILDING
1. If any building is unoccupied, the owner or the agent shall protect every such
building against the risk of fire, accident, or other hazard and shall effectively
prevent the entrance thereto of all unauthorized persons.
2. The owner or agent of a vacant building shall board up the building to the
satisfaction of the Property Standards Officer by covering all openings through
which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet
plywood securely fastened to the building and painted a colour compatible with
the surrounding walls.
3. If a building remains vacant for a period of more than ninety (90) days, the
owner or agent thereof, shall ensure that all utilities serving the building are
properly disconnected or otherwise and secure the building to prevent accidental
or malicious damage to the building or adjacent property, but this provision shall
not apply where such utilities are necessary for the safety or security of the
building.
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By-law No. 54-18
7.03 DAMAGE BY FIRE-STORM-OTHER CAUSES
1. In the event of fire or explosion, damaged or partially burned material shall be
removed from the premises, except that such material may be temporarily stored
within the barricaded damaged building or structure, provided that such storage
does not exceed ninety (90) days.
2. Fire damaged buildings, or portions thereof, shall be repaired to their original
condition or shall be demolished accordingly.
7.04 DEMOLISH BUILDING
1. Where a building, accessory building, fence or other structure is demolished, the
property shall be cleared of all rubbish, waste, waste, refuse, masonry, lumber,
wood, and other materials and left in a graded and leveled condition.
2. Where a building, accessory building, fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining property and
members of the public. The precautions to be taken include the erection of
fences, barricades, covered walkways for pedestrians and any other means of
protection necessary for the protection of the adjoining property and members of
the public.
PART 8
ADMINISTRATION AND ENFORCEMENT
8.01 This by-law shall apply to all property within the limits of the Township.
8.02 The imperial measurements contained in this by-law are given for reference only.
8.03 NON-COMPLIANCE
1. The owner of any property which does not conform to the standards as set out in
this by-law shall repair and/or maintain said property to comply with the
standards or the property shall be cleared of all buildings, structures, waste or
refuse and left in a levelled and graded condition.
2. Where any person fails to comply with an order, as shown on Schedule "B",
issued, the Township may cause the required work to be done at the cost of the
person. The cost of such work may be recovered by action or by adding the costs
to the tax roll and collecting them in the same manner as property taxes.
3. Non-compliance may result in additional fees as shown on Schedule "A".
4. If an owner or occupant upon whom an order has been served is not satisfied
with the terms or conditions of the order the owner or occupant may appeal to the
Property Standards Appeals Committee by sending a NOTICE OF APPEAL
(Schedule "C"), by registered mail to the Township Director of Corporate Services
within fourteen (14) days after service of the order, and, in the event that no
appeal is taken, the order shall be deemed to be final and binding.
8.04 CONFLICTS-BY-LAWS-STANDARDS-REGULATIONS
Where a provision of this by-law conflicts with the provisions of another by-law,
Act or Regulation in force within the municipality, the provision, which establishes
the higher standards to protect the health, safety and welfare of the occupants
and the general public, shall prevail.
8.05 VALIDITY
If any provision or article of this by-law is for any reason found to be invalid by a
court of competent jurisdiction, the provision or article found to be invalid shall be
severed from the by-law and the remaining provisions or article shall remain in
effect until repealed.
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By-law No. 54-18
8.06 PENALTY
An owner who fails to comply with an order (Schedule "B") that is final and
binding under this by-law is guilty of an offence under Section 36(1) of the
Building Code Act, S.O. 1992, c.23, and is liable to a penalty or penalties as set
out in Section 36 of that Act.
8.07 SEVERABILITY
It is hereby declared that each and every of the foregoing provisions of this by-
law is severable and that, if any provisions of this by-law should, for any reason,
be declared invalid by any Court, it is the intention and desire of this Council that
each and every of the then remaining provisions hereof shall remain in full force
and effect.
8.08 TRANSITIONAL RULES
After the date of the passing this by-law, By-law No 26-2004, shall apply only to
those properties in which an Order to Comply has been issued prior to the date of
passing of this by-law, and then only to such properties until such time as the
work required by such Order has been completed or any enforcement
proceedings with respect to such Order, including any demolition, clearance, or
repair carried out by the municipality shall have been concluded.
8.09 TITLE
This by-law may be referred to as "The Municipal Property Standards By-law".
8.10 BY-LAW PREVIOUS
That by-laws 26-2004, 29-2006 & 23-2007 are hereby repealed in their entirety.
READ A FIRST AND SECOND TIME THIS 4th day of SEPTEMBER, 2018.
READ A THIRD TIME AND FINALLY PASSED THIS 4th day of SEPTMEBER, 2018.
MAYOR
CLERK
MARGARET LUPTON
KAREN MARTIN
Schedule "A" to
By-law 54-18
Fee Schedule
Appeal Property Standards Order.
Owner shall pay a fee for an application to appeal an order (Schedule "C" - Notice of
Appeal). The fee will be reimbursed to the Owner if the Order to Comply is quashed by
the Committee. The fee is for one order only and not multiple orders.
$100.00
Inspections where owner fails to comply with an Order.
Owner who failed to comply with a confirmed Property Standards Order shall pay the
fee for each inspection to determine if contraventions of this by-law observed on an
initial inspection have been corrected where the contraventions have not been remedied
by the time provided for in the said Order.
$35.00/per inspection
Registered Order requiring a discharge.
Where a Property Standards Order has been registered, an owner or occupant may
apply for an inspection of the property in respect of the order and shall pay a fee at the
time of application, this fee includes the registration of a discharge where compliance
with the order is found.
$50.00
Township undertakes to complete the work.
Where anything required or directed to be done in accordance with this by-law is not
done, the By-law Enforcement Officer or persons designated by the By-law
Enforcement Officer for the Corporation of the Township of Zorra, may upon such notice
as she/he deems suitable, do such thing at the expense of the person required to do it
and, in so doing, may charge administration fee of 15% of such expense with a
minimum fee of $110.00; and both the expense and fee may be recovered by action or
in like manner as municipal taxes.
Certificate of Compliance.
Where after inspecting a property, an officer, may, or on the request of the owner, issue
the owner a certificate of compliance
$35.00
Schedule "B" to
By-law 54-18
ORDER TO COMPLY
Issued pursuant to section 15.2(2) of
The Building Code Act, S.O. 1992, chapter 23, as amended.
DATE:
ORDER ISSUED TO:
SUBJECT PROPERTY
ADDRESS:
LEGAL DESCRIPTION:
ROLL NUMBER:
3227-
MUNICIPALITY:
TOWNSHIP OF ZORRA
ORDER NUMBER:
The above-described subject property has been inspected by a Property Standards
Officer. The inspection revealed that in some respects the property does not conform to
the standards prescribed by the Municipal Property Standards By-law # 54-18.
IT IS ORDERED THAT the repairs necessary to correct the deficiencies detailed herein,
be carried out and the property brought to a condition of compliance with the prescribed
standards on or before ________________ (date).
YOU ARE ADVISED THAT if you are not satisfied with the terms or conditions of this
Order you may appeal to the Property Standards Committee by sending a Notice of
Appeal by registered mail to the Director of Corporate Services at:
Municipal Office Address
163 Brock Street, PO Box 189
Thamesford, Ontario
N0M 2M0
On or before _____________ (date)
In the event that no appeal is received, within the above prescribed period, the Order
shall be deemed to be confirmed and shall be final and binding upon you, requiring you
to comply with its terms within the time and in the manner specified in the Order.
Where it has been determined that the necessary repairs or demolition has not been
completed in accordance with the Order as confirmed or modified, in addition to any
possible court action, the municipality may cause the property to be repaired or
demolished and the costs of such action may be registered as a lien on the land and
shall be deemed to be municipal real property taxes and may be added by Township to
the collectors roll and collected in the same manner and with the same priorities as
municipal real property taxes.
________________________________
Signature of Property Standards Officer
ORDER TO COMPLY - PAGE 2
Issued pursuant to section 15.2(2) of
The Building Code Act, S.O. 1992, chapter 23, as amended.
DATE:
ORDER ISSUED TO:
SUBJECT PROPERTY
ADDRESS:
LEGAL DESCRIPTION:
ROLL NUMBER:
3227-
MUNICIPALITY:
TOWNSHIP OF ZORRA
The item(s) listed herein are in violation of the Municipal Property Standards by-law 54-
18.
ITEM
LOCATION
DEFECT
SECTION OF
BY-LAW
FOR YOUR INFORMATION
All repairs and maintenance of property required by the standards prescribed by the by-
law shall be carried out in a manner accepted as good workmanship in the trades
concerned and with materials suitable and sufficient for the purpose. No person shall
use, occupy, permit the use or occupancy of, rent, or offer to rent, and property that
does not conform to the standards prescribed in this by-law.
Where a permit is required to undertake and repair required to conform to the standards
as prescribed in this Order, it is the responsibility of the Owner to obtain any such
permit.
REQUIRED REPAIR
Schedule "C"
to By-law No. 54-18
NOTICE OF APPEAL
TO PROPERTY STANDARDS COMMITTEE
Pursuant to Section 15.3 of the Ontario Building Code Act
DATE:
TO: Property Standards Appeal Committee
c/o Director of Corporate Services, Township of Zorra
ADDRESS: 163 Brock St, PO Box 189, Thamesford ON N0M 2M0
RE: Order to Remedy Violation of Standards of Maintenance and Occupancy at: (Description
and Location of Property in Violation)
ORDER NUMBER:
TAKE NOTICE of the appeal of the undersigned to the Property Standards Committee due to
dissatisfaction with the above referenced Property Standards Order to Comply served upon the
undersigned on ___________ (Date).
NAME (OWNER OR AUTHOIRZED AGENT):
ADDRESS:
TELEPHONE NUMBER AND/OR EMAIL ADDRESS:
APPEAL TO PROPERTY STANDARDS COMMITTEE
If an owner or occupant upon whom an Order to Comply has been served is not satisfied with the
terms or conditions of the Order the owner or occupant may appeal to the Property Standards
Committee by sending a NOTICE OF APPEAL by registered mail to the Director of Corporate
Services within fourteen (14) days after service of the order, and, in the event that no appeal is
taken, the order shall be deemed to be final and binding. Ontario Building Code Act, S.O. 1992,
Chapter 23, Section 15.3(1)
____________________________
Name of Owner/Authorized Agent
____________________________
Signature of Owner/Authorized Agent
Township Office Use Only:
$100 Fee Received: Y or N Date received: _____________ Amount refunded if Order is quashed by Committee