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CITY OF PRINCE ALBERT
BYLAW NO. 10 OF 2017
Disclaimer:
This consolidation is not an Official Copy of the Bylaw. Amendments
have been incorporated solely for research convenience purposes only.
Original Bylaw and amendments are available from the City Clerk's
Office and must be consulted for purposes of interpretation and
application of the law.
Property Maintenance Bylaw
BYLAW NO. 10 OF 2017
Including the Following Amendments:
AMENDMENTS
26 of 2017
3 of 2019
13 of 2023
DATE PASSED
August 8, 2017
January 28, 2019
April 24, 2023
OFFICE CONSOLIDATION
BYLAW NO. 10 OF 2017
PAGE 3
CITY OF PRINCE ALBERT
BYLAW NO. 10 OF 2017
A Bylaw of The City of Prince Albert to establish and
enforce minimum standards of maintenance and
repair of building within the City of Prince Albert
WHEREAS Section 8 of The Cities Act, enables a Council to pass a
bylaw for purposes of establishing minimum standards for the safety, health and
welfare of people and the protection of people and property;
AND WHEREAS it is deemed desirable to provide for the matters
referred to above and to establish minimum standards for the states of repair and
maintenance of existing buildings;
NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE
ALBERT IN OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS:
Part I - Interpretation
1.
Short Title
This Bylaw may be cited as the "Property Maintenance Bylaw".
2.
Purpose
The purpose of this bylaw is to provide for the proper maintenance to all existing
buildings, structures and dwelling units within the City of Prince Albert.
3.
Definitions
In this Bylaw:
a)
"Accessory building" means an accessory building within the
meaning of The City of Prince Albert's current Zoning Bylaw, which
may be amended from time to time;
b)
"Act" means The Cities Act;
c)
"Administrator" means the Director of Planning and Development or
any other designate authorized by the City Manager;
BYLAW NO. 10 OF 2017
PAGE 4
d)
"Building" means a building within the meaning of The Cities Act;
e)
"Bylaw Manager" means the person appointed by Council to
administer and oversee bylaw enforcement for the City;
f)
"Officer" means a Bylaw Enforcement Officer appointed by the Bylaw
Manager;
g)
"Inspector" means The City of Prince Albert Bylaw Enforcement
Supervisor, Bylaw Enforcement Officer or Building Inspector or
designate;
h)
"City" means the City of Prince Albert;
i)
"Council" means the Council of the City of Prince Albert;
j)
"Dwelling unit" means one or more rooms including kitchen designed
as a unit for occupancy by one family for the purpose of cooking,
living and sleeping;
k)
"NBC" means the Current National Building Code of Canada;
l)
"NFC" means the Current National Fire Code of Canada;
m)
"Occupant" means an occupant as defined in The Cities Act;
n)
"Owner" means an owner as defined in The Cities Act;
o)
"Property" means land or buildings or both;
p)
"Property Maintenance Appeals Board" means a Local Appeal Board
established by the City pursuant to The Cities Act;
q)
"Structure" means anything erected or constructed, the use of which
requires temporary or permanent location on, or support of, the soil,
or attached to something having permanent location on the ground
or soil, but not including pavements, curbs, walks, or open air
surfaced areas.
(13 of 2023, s.1a))
4.
Responsibility
Unless otherwise specified, the owner of a property, including land, buildings and
structures, shall be responsible for carrying out the provisions of this bylaw.
BYLAW NO. 10 OF 2017
PAGE 5
Part II - Property Maintenance
5.
Duty to Maintain
a)
All property, including land, buildings and structures, shall be
maintained in accordance with the minimum standards prescribed in
this Part.
b)
No person shall cause or permit the occupancy or use of any
property, including land, building or structures that do not conform to
the minimum standards.
c)
Notwithstanding Section 4, every occupant of a property, including
land, buildings and structures, shall:
i)
keep in a clean and sanitary condition that part of the property
which the occupant occupies or controls;
ii)
maintain exits to the exterior of the building in a safe and
unobstructed condition; and
iii)
dispose of garbage and refuse and keep the property free
from rubbish and other debris which might constitute fire,
health or safety hazards.
6.
Accessory Buildings
a)
Accessory buildings shall be kept:
i)
in good repair; and
ii)
free of health, fire and safety hazards.
b)
Accessory buildings shall be equipped with doors or closures and
shall be kept secured so as to prevent unauthorized entry.
7.
Building Components
a)
The structural components of every building, including roofs, stairs,
railings,
porches,
decks,
joists,
rafters,
beams,
columns,
foundations, floors, walls and ceilings, shall be maintained in a safe
condition, and shall be capable of performing the function that they
were intended to perform.
b)
If, in the opinion of the Inspector, the foundation of a building is not
structurally sound or is allowing the ingress of water through cracks
or other damage, the Inspector shall require that the owner engage
a certified architect or engineer to inspect the foundation and provide
a written copy of such report/inspection to the Inspector, outlining the
BYLAW NO. 10 OF 2017
PAGE 6
deficiencies, if any, of the building. Such report shall be provided to
the Inspector within a specified amount of time as set by the
Inspector and the report shall be at the sole cost/expense to the
owner. Failure to provide this report shall be an offence under this
bylaw.
c)
The owner will be required to comply with the report requested in
subparagraph (2) above, as per the deadline(s) set out by the
Inspector.
8.
Exterior Walls
a)
All exterior surfaces shall be made of materials which provide
adequate protection from the weather.
b)
Exterior walls shall be covered with an application of paint, stain,
stucco, brick, stone facing, siding or other similar protective surface
to protect the walls from deterioration due to moisture penetration.
c)
Exterior walls shall be free of holes, breaks, loose or rotting boards
or timbers or any other conditions which might admit rain or
dampness to the interior walls or the interior spaces of the building.
9.
Roofs
a)
The roof and its components, including the shingles, fascia boards,
soffit, cornice and flashing, shall be maintained in a watertight
condition so as to prevent deterioration or leakage of water into the
building, or the entry of vermin.
b)
Loose materials, including dangerous accumulations of snow or ice,
shall be removed from the roof of a building as soon as reasonably
possible so as to prevent damage to the building or injury to persons
in or near the building.
c)
Water running off a roof shall be carried away from the building so
as not to cause dampness in the walls, ceilings or floors in the
building but it shall not drain onto a public street so as to create a
hazardous condition.
d)
Eaves troughs, downspouts, and extensions shall be watertight and
maintained in good repair.
e)
Every roof shall have adequate ventilation provided by roof top and
soffit venting to meet National Building Code requirements.
BYLAW NO. 10 OF 2017
PAGE 7
10.
Chimneys
a)
Chimneys, flue pipes and smoke stacks shall be maintained in good
repair so as to prevent gases, water or any other substance from
leaking into the building.
b)
Chimneys, flue pipes and smoke stacks shall be free of any defects.
c)
Chimneys, flue pipes and smoke stacks shall have all defective
masonry or metal components repaired or replaced as needed.
d)
Chimneys, flue pipes and smoke stacks shall be kept clear of
obstructions
11.
Exterior Doors, Storm Doors, Windows and Screens
a)
A door shall be provided at each entrance to a building and when
closed it shall be tight-fitting within its frame.
b)
Exterior doors, storm doors and storm windows shall be kept in a
reasonable state of repair, and shall be weather-tight so as to
perform their intended function.
c)
Openable windows within two metres of ground level shall have an
acceptable locking mechanism.
d)
Exterior doors shall have an acceptable locking mechanism.
e)
Windows and glass doors which separate heated space from
unheated space or from the exterior shall be at least double glazed
unless there is a separate storm door or window.
f)
Windows and doors which open to the exterior and which are used
for natural ventilation shall be screened so as to provide protection
from the weather and insects.
g)
Windows that provide egress from a bedroom shall have at least one
outside window or exterior door openable from the inside without the
use of keys, tools or special knowledge and without the removal of
sashes or hardware. They need to provide an unobstructed opening
of not less than 0.35 metres squared (m2) in area with no dimension
less than 380 millimetres, and maintain the required opening during
an emergency without the need for additional support.
h)
Where an egress window opens into a window well, a clearance of
not less than 760 millimetres shall be provided in front of the window.
12.
Stairs, Porches, Decks and Railings
BYLAW NO. 10 OF 2017
PAGE 8
a)
Stairs, porches, decks and railings shall be maintained in good repair
so that no components are broken, loose, rotted or warped.
b)
A handrail shall be installed on at least one side of all exterior and
interior stairs having more than three risers.
c)
A guardrail shall be installed on all open sides where the difference
in elevation between the adjacent ground level the walking surface
exceeds 600 millimetres.
d)
Guardrails shall be 900 millimetres in height where the walking
surface is not more than 1800millimetres above grade.
e)
Guardrails shall be 1070 millimetres in height where the walking
surface is greater than 1800 millimetres above grade.
f)
Guardrails shall have openings not exceed 100 millimetres between
the pickets and shall not facilitate climbing.
(3 of 2019, s.1a))
13.
Electrical Services
a)
All electrical outlets and light fixtures shall be maintained in good
working condition with required cover plates and no exposed wiring.
b)
Every habitable room, other than a kitchen, shall have at least one
approved electrical outlet.
c)
Every kitchen shall have at least two approved electrical outlets. If a
new electrical outlet is installed within 1.8 meters of a sink, the new
outlet shall be of the Ground Fault Circuit Interrupter (GFCI) type.
d)
If an electrical outlet currently exists in a bathroom, it shall be an
approved outlet. If any new electrical outlet is installed in a bathroom,
it shall be the Ground Fault Circuit Interrupter (GFCI) type.
e)
At least one lighting outlet with fixture shall be provided in every
kitchen, utility room, laundry room, dining room, bathroom, stairway,
storage room and service room. The fixture shall be permanently
installed and shall be maintained in good working order.
f)
Overhead electrical masts must be maintained in good condition to
support electrical wires.
g)
At any time, an Inspector may request that the owner obtain written
documentation from a certified electrician or electrical inspector
BYLAW NO. 10 OF 2017
PAGE 9
providing proof that the requirements of the National Electrical Code
of Canada have been met. Failure to do so shall be an offence under
this bylaw.
14.
Floors and Stairs
a)
Floors and stairs shall be free of loose, warped, protruding or rotting
floor boards.
b)
Floor and stair coverings, including tiles, linoleum and carpeting,
shall be kept in a reasonable state of repair.
15.
Walls and Ceilings
a)
Every wall and ceiling shall be maintained in good condition and free
from holes, large cracks, loose plaster or other hazards.
b)
Every wall and ceiling shall be painted or finished in a suitable
manner.
c)
The surface of every wall and ceiling shall be maintained in a
reasonably clean and sanitary condition. Surfaces shall be cleaned
so as to avoid buildup of grease or other flammable material.
d)
Traditional wood veneer backed paneling, or any other type of
interior cladding having a flame spread rating greater than 200 shall
not be allowed unless tightly adhered to a wall surface with a flame
spread rating of 200 or less.
(3 of 2019, s.1b))
16.
Water Supply
a)
Every occupied building shall be provided with an adequate supply
of potable running water.
b)
Every sink, wash basin, laundry, bathtub, or shower in a building
shall have an adequate supply of hot and cold running water.
c)
Every toilet shall have an adequate supply of running water.
17.
Plumbing Facilities
a)
All plumbing facilities in a building, including fixtures, drains, water
pipes and connections to the water and sewer systems shall be
protected from freezing, be maintained in good working order and
be free from leaks or other defects.
BYLAW NO. 10 OF 2017
PAGE 10
b)
All bathrooms shall be fully enclosed and fitted with a door capable
of being locked from the inside in order to provide privacy for the
occupant.
c)
Seats shall be provided for all toilets and the seats shall be kept in
good repair.
18.
Gas and Open Flame Type Appliances
a)
Gas stoves, water heaters and other gas appliances shall be
equipped with suitable pipes or flues for the removal of the products
of combustion.
b)
All gas appliances shall be of an approved type, shall be installed in
an approved manner and shall be kept in a proper state of repair.
19.
Fireplaces
a)
Fireplaces and similar installations used or intended to be used for
burning fuels in open fires, shall be connected to approved
chimneys, smoke pipes, flues or gas vents.
b)
Fireplaces and similar installations shall be installed in accordance
with the manufacturer's instructions.
c)
Fireplaces and similar installations shall be installed so that adjacent
combustible materials and structural members are not over-heated
to an unsafe condition.
d)
All chimneys, smoke pipes, flues or gas vents used in connection
with a fireplace or similar installation shall be free of leaks and be
maintained in a proper state of repair.
e)
Where a room contains a solid, fuel-burning appliance, a CO alarm
conforming to CAN/CSA-6.19, "Residential Carbon Monoxide
Alarming Devices," shall be mechanically fixed:
i)
at the manufacturer's recommended height where these
instructions
specifically
mention
solid,
fuel-burning
appliances; or
ii)
in the absence of specific instructions related to solid, fuel-
burning appliances on or near the ceiling.
20.
Ventilation
a)
Every basement, kitchen, bathroom, attic, crawl space and similar
space shall be adequately ventilated to the outside.
BYLAW NO. 10 OF 2017
PAGE 11
b)
Every opening for natural ventilation other than windows shall be
constructed to provide protection from the weather, rodents and
insects.
c)
Screening shall be of rust-proof material.
d)
Unless a satisfactory alternative means of ventilation is provided,
every habitable room shall have at least one window which can be
easily opened.
e)
Where a system of mechanical ventilation is provided, it shall be
designed and installed in accordance with the current National
Building Code of Canada.
f)
All enclosed spaces within a dwelling unit shall:
i)
be adequately ventilated;
ii)
have access of sufficient size to permit entry; and
iii)
be fitted with a door or panel to enclose the opening except
when the access opening is from the adjacent basement and
provides ventilation to the crawl space.
g)
Dryer vent pipes shall be made from metal or a smooth corrosion
resistant material, thin wall flexible plastic piping is not acceptable.
(3 of 2019, s.1c))
21.
Light
a)
Light shall be available at all times in every stairway, corridor, hall,
storage room and service room in a building.
b)
The average level of light in corridors and stairways shall be at least
50 lx at floor or tread level.
BYLAW NO. 10 OF 2017
PAGE 12
22.
Egress
a)
Every building shall have a means of egress so as to provide a safe,
continuous and unobstructed exit from the interior of the building to
the exterior at street or grade level.
b)
Every means of egress shall be maintained in good repair or free of
obstructions which constitute a fire hazard.
23.
Heating
a)
Every dwelling unit shall be equipped with adequate heating facilities
properly installed and maintained in safe and good working
condition.
b)
Heating facilities shall be capable of maintaining an indoor
temperature of 22 degrees Celsius (22°C) when the outside
temperature is minus 35 degrees Celsius (-35°C) or colder. The
required temperature shall be taken at a height of 750 millimetres
from the floor in the centre of each occupied room.
c)
Portable room heaters shall not be used as a primary source of heat.
d)
Fuel-burning equipment shall be vented by means of rigid
connections to a chimney or flue which provides a sufficient outlet
for the escape of all noxious gases.
e)
In a multi-dwelling unit, air from one suite shall not be circulated to
any other suite or to a public corridor except where an existing
recirculating air-handling system serving more than one suite is of
sufficient design and operated with capabilities to render the air free
from conditions capable of constituting a health hazard and shall shut
down automatically upon detection of smoke.
f)
If, in the opinion of the Inspector, the heating equipment in a building
or dwelling unit is not functioning properly, the Inspector shall require
that a certified technician inspect the heating equipment and provide
to the Inspector a copy of such written report. The owner shall comply
with all requirements of the technician at his or her sole cost. The
owner shall be required to provide documentation that the work has
been completed by a certified technician by a deadline set by the
Inspector. Failure to comply will be an offence under this bylaw.
24.
Sanitary Facilities
a)
Every dwelling unit shall have self-contained within:
i)
a toilet;
BYLAW NO. 10 OF 2017
PAGE 13
ii)
a wash basin; and
iii)
a bathtub or shower.
b)
In every bed and breakfast, and boarding house where sanitary
facilities are shared:
i)
all occupants shall have convenient access to a bathroom,
wash basin, and bathtub or shower;
ii)
all required facilities shall be located within the building so as
to be accessible from a common hall or passageway without
going outside the building or through another occupant's
quarters;
iii)
all required facilities shall not be located more than one floor
away from the dwelling unit; and
iv)
the number of occupants sharing the use of a bathroom,
wash basin, and bathtub or shower shall not exceed 10
persons.
c)
Bathtubs, showers or toilets shall not be located in any habitable
room.
d)
The wash basin shall be in the same room as the toilet or in an
accessible adjoining room.
e)
All bathrooms shall have mechanical or natural ventilation.
f)
All bathrooms shall be fully enclosed and fitted with a door capable
of being locked from the inside in order to provide privacy for the
occupant.
g)
Sewage shall be properly discharged into the sewage system.
25.
Kitchen Facilities
a)
Unless otherwise approved, every dwelling unit shall be equipped
with safe and adequate cooking facilities for the occupants.
b)
A counter work surface at least 1500 millimetres long and 500
millimetres wide, including the area occupied by the kitchen sink,
shall be provided in the kitchen.
c)
A clearance of at least 750 millimetres above the heating elements
of any cooking appliance need not be protected by secondary
BYLAW NO. 10 OF 2017
PAGE 14
means. If the clearance above a heating element is between 600mm
and 749 millimetres the cupboards/shelving above shall be
protected by drywall facing covered by sheet metal at least 0.33
millimetres in thickness. No cupboard or shelving is allowed to be
located less than 600 millimetres above a heating element.
26.
Fire Safety Standards
a)
If more than one dwelling unit is located above the first floor, every
dwelling unit located on each floor above the first shall have access
to a second means of egress which shall not pass through a room
in another dwelling unit.
b)
Smoke alarms shall be installed in each dwelling unit within 5 metres
of every bedroom and one per floor hardwired with battery backup,
and in all common areas.
c)
Carbon monoxide alarms shall be installed within 5 metres of every
bedroom.
d)
Smoke alarms shall be installed on or near the ceiling as per
manufacturers' specifications.
e)
Where required by the NBC, a fire alarm system must be installed,
fully operational and verified annually by a qualified electrician.
f)
In a building or dwelling unit that is required to be separated by fire
separations, the said fire separations shall conform to the NBC.
g)
Existing dwelling units that do contain cooking facilities and are used
as a boarding or lodging house, where sleeping accommodation is
with less than 8 boarders or lodgers, do not need to have a fire
separation between the suites and the remainder of the floor area.
h)
A building having multi-units shall have the service room separated
from the remainder of the building by a 1-hour fire resistance rating
on the walls and ceiling.
i)
Solid core doors with self-closing devices shall be installed in any
common areas and to the entrances of each suite that is accessed
from the common space.
BYLAW NO. 10 OF 2017
PAGE 15
Part III - Enforcement, Offences and Penalties
27.
Enforcement of Bylaw
a)
The administration and enforcement of this bylaw is hereby
delegated to the Director of Planning and Development Services for
the City of Prince Albert.
b)
The Director of Planning and Development Services for the City of
Prince Albert is hereby authorized to further delegate the
administration and enforcement of this bylaw.
28.
Inspections
a)
The inspection of property by the City to determine if this bylaw is
being complied with is hereby authorized.
b)
Inspections under this bylaw shall be carried out in accordance with
Section 324 of The Cities Act.
c)
No person shall obstruct an Inspector who is authorized to conduct
an inspection under this section, or a person who is assisting an
Inspector.
d)
An Inspector may request that the owner supply confirmation of a
condition, a thing or an activity by providing a certificate, letter, or any
other documentation from an expert in a field related to the condition,
thing, or activity. If requested, the documentation will be required to
provide solution(s) to rectify the condition, thing or activity which the
owner shall than be required to complete.
e)
An Order may contain an option or a requirement to demolish a
structure. If provided as an option, demolition may be chosen by the
owner as an alternative to undertaking repairs. Demolition may be
required by Order without the option to repair if the structure has
been deemed to pose an unacceptable risk to public safety in terms
of structure, condition or use.
f)
The requirements contained within an Order do not suspend the
need to comply with conditions defined by any other bylaw, act or
regulation, including but not limited to the need to obtain permits,
permissions or certification.
29.
Order to Remedy Contraventions
a)
If an Inspector finds that a person is contravening this bylaw, the
Inspector may, by written Order, require the owner or occupant of the
property to which the contravention relates to remedy the
contravention.
BYLAW NO. 10 OF 2017
PAGE 16
b)
Orders given under this bylaw shall comply with Section 328 of The
Cities Act.
c)
Orders given under this bylaw shall be served in accordance with
Section 347 of The Cities Act.
30.
Registration of Notice of Order
If an Order is issued pursuant to Section 29 of this bylaw, the City may, in
accordance with Section 328 of The Cities Act, give notice of the existence of the
Order by registering an interest against the title to the land that is the subject of the
Order.
(3 of 2019, s.1d))
31.
Appeal of Order to Remedy
a)
A person may appeal an Order made pursuant to Section 54 of The
Cities Act in accordance with Section 329 of The Cities Act.
b)
Appeals shall be made initially to the City of Prince Albert Property
Maintenance Appeal Board, which Board is hereby established and
appointed by Council.
32.
City Remedying Contraventions
The City may, in accordance with Section 330 of The Cities Act, take whatever
actions or measures are necessary to remedy a contravention of this bylaw.
33.
Civil Action to Recover Costs
The City may, in accordance with Section 332 of The Cities Act, collect any unpaid
expenses and costs incurred in remedying a contravention of this bylaw by civil
action for debt in a court of competent jurisdiction.
34.
Adding Amounts to Tax Roll
The City may, in accordance with Section 333 of The Cities Act, add any unpaid
expenses and costs incurred by the City in remedying a contravention of this bylaw
to the taxes on the property on which the work was done.
35.
Emergencies
In the event that it becomes an emergency to remedy a contravention of this bylaw,
the City may take whatever actions or measures are necessary to eliminate the
emergency in accordance with the provisions of Section 331 of The Cities Act.
BYLAW NO. 10 OF 2017
PAGE 17
36.
Offences and Penalties
a)
No person shall:
i)
fail to comply with an Order made pursuant to this bylaw;
ii)
obstruct or hinder any Bylaw Officer or any other person
acting under the authority of this bylaw; or
iii)
fail to comply with any other provision of this bylaw.
b)
Every person who contravenes any provision of Subsection (a) is
guilty of an offence and liable on summary conviction, in addition to
any surcharge imposed by the Courts:
i)
in the case of an individual, to a fine of not less than $500 and
not more than $10,000;
(A)
on a first offence, a fine of $500;
(B)
on a second offence, a fine of $750;
(C)
on a third offence, a fine of $1,000;
ii)
in the case of a corporation, to a fine of not less than $1,000
and not more than $25,000;
(A)
on a first offence, a fine of $1,000;
(B)
on a second offence, a fine of $1,500;
(C)
on a third offence, a fine of $2,000;
iii)
in the case of a continuing offence, to a maximum daily fine of
not less than $25 per day and not more than $2,500 per day.
c)
If an individual is convicted of an offence pursuant to this section,
and if the individual fails to pay the fine with respect to the
conviction within the prescribed time, the individual convicted may
be imprisoned for a term of not more than one year, unless the fine
is paid sooner.
(26 of 2017, s.1; 3 of 2019, s.1e))
37.
Severability
If a Court of competent jurisdiction should declare any section or part of a section
of this bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced the Council to pass the remainder of the bylaw,
and it is hereby declared that the remainder of the bylaw shall be valid and shall
remain in force and effect.
BYLAW NO. 10 OF 2017
PAGE 18
38.
Repeal of Bylaws
Bylaw No. 19 of 2016 is hereby repealed.
39.
Coming Into Force
This bylaw shall come into force on the day of its final passing.
INTRODUCED AND READ A FIRST TIME THIS 6th DAY OF March , AD 2017.
READ A SECOND TIME THIS 6th DAY OF March , AD 2017.
READ A THIRD TIME AND PASSED THIS 6th DAY OF March, AD 2017.
"Greg Dionne"
"Sherry Person"
MAYOR
CITY CLERK