HomeMy WebLinkAbout06 107 Standards Property Maintenance
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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
No. 2006 - 107
BEING A BY-LAW TO ESTABLISH STANDARDS FOR THE
MAINTENANCE OF PROPERTIES, BUILDINGS AND YARDS
IN THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 15.1 of the Building Code Act, 1992, S.O. 1992, Ch. 23,
authorizes Councils of municipalities to pass by-laws 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 with the standards and requiring property that does not
conform with the standards to be repaired and maintained to conform with the
standards or the site;
AND WHEREAS the Council for the Corporation of the Municipality of Kincardine
deems it expedient to establish standards for the maintenance of buildings,
structures, yards and property in the Municipality of Kincardine;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
PART 1
DEFINITIONS
In this by-law:
1. 01 "Accessory Building" means a detached building or structure, not used for
human habitation, that is subordinate to the primary use of the same
property .
1.02 "Apartment Building" means a building containing more than four dwelling
units with individual access from an internal corridor system.
1.03 "Approved" means acceptance by the Property Standards Officer or
Delegate.
1. 04" Basement" means that space of a building that partly below grade, which
has half or more of height, measured from floor to ceiling above average
exterior finished grade.
1.05 "Building" means a structure used for or intended for supporting or
sheltering any use or occupancy.
1.06 "Cellar" means that space of a building that is partly or entirely below
grade, which has more than half it its height, measured from floor to
ceiling below the average exterior finished grade.
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1.07 "Committee" means the Property Standards Appeal Committee.
1. 08 "Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part for the purpose
of human habitation.
1. 09 "Dwelling Unit" means a room or a suite of rooms operated as a
housekeeping unit used or intended to be used as a domicile by one or
more persons and supporting general living conditions usually including
cooking, eating, sleeping, and sanitary facilities
1.10 "First Storey" means that part of a building having a floor area closest to
grade with a ceiling height of more than 1.8 metres above grade.
1.11 "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 mayor
may not have openings through it.
1.12 "Habitable Room" means any room n a dwelling unit used for or capable of
being used for living, cooking, sleeping or eating purposes.
1.13 "Means of Egress" means a continuous, unobstructed path of travel
provided by a doorway, hallway, corridor, exterior passageway, balcony,
lobby, stair, ramp or other exit facility used for escape of persons from any
point within a building, a floor area, a room, or a contained open space to
a public thoroughfare or any approved area of refuge usually located
outside the building.
1.14 "Multiple Dwelling" means a building containing three or more dwelling
units.
1.15 "Non-Habitable Room" means any room in a dwelling or dwelling unit
other than a habitable room and includes a bathroom, a toilet room,
laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other
space for service and maintenance of the dwelling for public use, and for
access to and vertical travel between storeys, and basement or part
thereof which does not comply with the standards of fitness for occupancy
set out in this By-Law.
1.16 "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.
1.17 "Occupant" means any person or persons over the age of eighteen years
in possession of the property.
1.18 "Officer" means a Property Standards Officer appointed by By-Law and
assigned the responsibility or enforcing and administering the By-Law.
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1.19 "Owner" means the persons, for the time being, managing or receiving the
rent of, or paying the municipal taxes on the land or premises, in
connection with which the word is used, whether on his/her account or as
agent, trustee, or any other person who would so receive the rent if such
land and premises were let, and shall also include a lessee or occupant of
the property who under the terms of the lease is required to repair and
maintain the property in accordance with the Standards of Maintenance
and Occupancy of the property.
1.20 "Person" means an individual, association firm, corporation, or
partnership.
1.21 "Property" means a building or structure or part of a building or structure
and includes the lands and premises appurtenant thereto and all mobile
structure, outbuildings, fences and erections thereon, whether heretofore
or hereafter erected and includes vacant property.
1. 22 "Repair" means the provision of such facilities and the making of additions
or alterations or the taking of such action as in restoring, renovating,
mending as may be required so that the property shall conform to
standards established in this by-law.
1.23 "Residential Property" means any property that is used or designed for
use as a domestic establishment in which one or more persons usually
sleep and prepare and serve meals, and includes any lands or buildings
that are appurtenant to such establishment and all stairways, walkways,
driveways, parking spaces, and fences associated with the dwelling or its
yard.
1.24 "Sewage System" means the municipal sanitary sewer system or a private
sewage disposal system approved by the Medical Officer of Health.
1.25 "Standards" means the standards of the physical condition and of
occupancy prescribed for property by this By-Law.
1.26 "Toilet Room" means a room containing a water closet and a wash basin.
1.27 "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 excluding lands assessed as farm lands on the last revised
assessment roll.
PART II
GENERAL STANDARDS FOR ALL PROPERTY
2.01
All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform
to the Ontario Building Code , Ontario Fire Code and Fire Prevention and
Protection Act where applicable.
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YARDS
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2.02 Every yard, including vacant lots shall be kept clean and free from:
(1) rubbish or debris and objects or conditions that may create a health, fire,
or accident hazard;
(2) wrecked, dismantled, discarded or abandoned machinery, vehicles,
trailers or boats unless it is necessary for the operation of a business
enterprise lawfully situated on the property, or it is actively being restored
by the owner and shall only apply to one vehicle.
Note: Any vehicle or trailer, other than noted above that does not properly
display thereon a currently valid license plate or marker, may be
considered in di$carded or abandoned condition;
(3) long grass (300mm), brush, undergrowth and noxious weeds such as
ragweed, poison ivy, poison oak, and poison sumac; as per the Weed
Control Act.
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(4) dilapidated, collapsed or partially constructed structures which are not
currently under construction
(5) injurious insects, termites, rodents, vermin or other pests;
(6) dead, decayed or damaged trees or other natural growth.
(7) Ground cover, hedges, trees, landscaping and site facilities required as a
condition of side development or redevelopment shall be maintained in
living condition and in good state of repair.
SURFACE CONDITIONS
2.03
(1)
(2)
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(4)
(5)
(6)
Suñace conditions of yards shall be maintained so as:
to prevent ponding or storm water;
to prevent instability or erosion of soil;
to prevent suñace water runoff from entering basements;
not to exhibit an unsightly appearance;
to be kept free of deep ruts and holes;
to provide for safe passage under normal use and weather conditions day
or night; ,
(7) not to create a nuisance to other property.
(8) kept free of garbage and refuse.
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SEWAGE AND DRAINAGE
· 2.04 Sewage shall be discharged into the sewage system.
2.05 Sewage of any kind shall not be discharged onto the surface of the
ground, whether into a natural or artificial surface drainage system or
otherwise.
2.06
(a) Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent
property.
(b) Eavestroughs and downspouts shall be maintained:
(1) airtight and free from leaks
(2) in good working order and free from obstructions
(3) in stable condition and shall be securely fastened to the structure.
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PARKING AREAS. WALKS AND DRIVEWAYS
2.07 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone or gravel and shall be
kept in good repair free of dirt and litter.
2.08 Steps, walks, driveways, parking spaces and other similar areas shall be
maintained so as to afford safe passage under normal use and weather
conditions day or night and stoned surfaces shall be maintained free of
dust and spillover onto sidewalks and grass surfaces.
ACCESSORY BUILDINGS. FENCES. AND OTHER STRUCTURES
2.09 Accessory buildings, fences and other structures appurtenant to the
property shall be maintained in structurally sound condition and in good
repair.
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2.10 Accessory buildings, fences and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials
including paint or other suitable preservative and shall be of uniform colour
unless the aesthetic characteristics of said structure are enhanced by the
lack of such material.
GARBAGE DISPOSAL
2.11 Every building, dwelling, and dwelling unit shall be provided with a
sufficient number of suitable receptacles to contain all garbage, refuse and
ashes that may accumulate on the property. Such receptacles shall be
constructed of watertight material, provided with a tight fitting cover, and
shall be maintained in a clean and odour free condition at all times.
2.12 All garbage, refuse, and ashes shall be promptly placed in a suitable
container and made available for removal in accordance with the
municipal garbage by- law.
2.13 Garbage storage areas shall be screened from public view.
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2.14 Garbage and rubbish shall not be permitted to accumulate and remain on
any property to an extent or for a length of time so as to constitute a health
or safety hazard. Garbage or rubbish stored on any property that emits an
odour that is detectable within a dwelling on the same lot or within any
yard on an adjoining property shall forthwith be removed.
COMPOST HEAPS
2.15 The occupant of a residential property may provide for a compost heap in
accordance with the health regulations, provided that the compost pile is
no larger than two square meters and 1.8 meters in height and is enclosed
in such a manner so as to prevent the infestation of vermin and to ensure
that no noticeable and objectionable odours are created.
PART III
RESIDENTIAL STANDARDS
GENERAL CONDITIONS
3.01 Every tenant, or occupant or lessee of a residential property shall maintain
the property or part thereof and the land which they occupy or control, in a
clean, sanitary and safe condition and shall dispose of garbage and debris
on a regular basis, in accordance with municipal by-laws.
3.02 Every tenant, or occupant or lessee of a residential property shall maintain
every floor, wall, ceiling and fixture, under their control, including hallways,
entrances, laundry rooms, utility rooms, and other common areas, in a
clean, sanitary and safe condition.
3.03 Accumulation or storage of garbage, refuse, appliances or furniture in
pUblic hallways or stairways shall not be permitted.(means of egress).
PEST PREVENTION
3.04 Dwellings shall be kept free of rodents, vermin and insects at all times.
Methods used for exterminating such pests shall be in accordance with
the provisions of the Pesticides Act.
3.05 Openings, including windows, that might permit the entry of rodents,
insects, vermin or other pests shall be appropriately screened or sealed.
STRUCTURAL SOUNDNESS
3.06 Every part of a dwelling shall be maintained in a structurally sound
condition so as to be capable of safely sustaining its own weight load and
any additional load to which it may be subjected through normal use,
having a factor of safety required by the Ontario Building Code.
3.07 Walls, roofs, and other exterior parts of a building shall be free from loose
or improperly secured objects or materials.
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FOUNDATIONS
3.08 Foundation walls of a dwelling shall be maintained so as to prevent the
entrance of insects, rodents and excessive moisture. Maintenance
includes the shoring of the walls to prevent settling, installing sub soil
drains, when necessary, at the footings, grouting masonry cracks, damp
proofing, waterproofing walls, joints, and floors.
3.09 Every dwelling, except for slab on grade construction, shall be supported
by foundation walls or Piers which shall extend below the frost line, or to
solid rock.
EXTERIOR WALLS
3.10 Exterior walls of a dwelling and their components, including soffit, fascia,
shall be maintained in good repair free from cracked, broken or loose
masonry units, stucco, and other defective cladding, or trim. Paint or some
other suitable preservative or coating must be applied and maintained so
as to prevent deterioration due to weather conditions, insects or other
damage.
3.11 Exterior walls of a dwelling and their components shall be free of
unauthorized signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.12 Windows, doors, skylights, and basement or cellar hatchways shall be
maintained in good repair, weather tight and reasonable draught-free, to
prevent heat loss and infiltration by the elements. Maintenance includes
painting, replacing damaged doors, frames and other components,
window frames, sashes and casings, replacement of non-serviceable
hardware and reglazing where necessary. Where screening is provided on
windows and doors it shall also be maintained in good repair.
3.13 In a dwelling unit all windows that are intended to be opened and all
exterior doors shall have suitable hardware so as to allow locking or
otherwise securing from inside the dwelling unit. At least one entrance
door to a dwelling unit shall have suitable hardware so as to permit locking
or securing from either inside or outside the dwelling unit.
3.14 Solid core doors shall be provided for all entrances to dwellings and
dwelling units.
3.15 In residential buildings where there is a voice communication unit working
in conjunction with a security locking and release system controlling a
particular entrance door and installed between individual units and a
secured entrance area, the said system shall be maintained in good
working order at all times.
3.16 Every window in a leased dwelling unit that is located above the first
storey of a multiple dwelling shall be equipped with an approved safety
device that would prevent any part of the window from opening greater
than would permit the passage of a 100 mm diameter (3.9 inches) sphere.
Such safety device shall not prevent the window from being fully opened
during an emergency situation by an adult without the use of tools.
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3.17 Roofs of dwellings and their components shall be maintained in a weather
tight condition, free from loose or unsecured objects or materials.
3.18 Accumulations of ice or snow or both shall be promptly removed from the
roofs of dwellings and accessory buildings.
WALLS. CEILINGS AND FLOORS
3.19 Every wall, ceiling and floor in a dwelling shall be maintained so as to
provide a continuous surface free of holes, cracks, loose coverings or
other defects. Walls surrounding showers and bathtubs shall be
impervious to water.
3.20 Every floor in a dwelling shall be reasonably smooth and level and
maintained so as to be free of all loose, warped, protruding, broken, or
rotted boards or other material that might cause an accident or allow the
entrance of rodents and other vermin or insects.
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3.21 Every floor in a bathroom, toilet room, kitchen, shower, laundry room and
kitchen shall be maintained so as to be impervious to water and readily
cleaned.
STAIRS. PORCHES AND BALCONIES
3.22 Inside and outside stairs, porches, balconies and landings shall be
maintained so as to be free of holes, cracks, and other defects which may
constitute accident hazards. Existing stair treads or risers that show
excessive wear or are broken, warped or loose and any supporting
structural members that are rotted or deteriorated shall be repaired or
replaced.
GUARDRAILS
3.23 A balustrade 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") above grade. 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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KITCHENS
3.24
(a)
(b)
(c)
· (d)
Every dwelling shall contain a kitchen area equipped with:
a sink that is served with hot and cold running water and is surrounded by
surfaces impervious to grease and water;
suitable storage area of not less than 0.23 cubic meter (8 cubic feet);
a counter or work area at least 0.61 m (2 ft) by 1.22 m (4 ft) in length,
exclusive of the sink, and covered with a material that is imperious to
moisture and grease and is easily cleanable; and
a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
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TOILET AND BATHROOM FACILITIES
3.25 Every dwelling unit shall contain a bathtub or suitable shower unit. Every
wash basin and bathtub or shower shall have an adequate supply of hot
and cold running water. Every water closet shall have a suitable supply of
running water.
3.26 Every required bathroom or toilet room shall be accessible from within the
dwelling unit and shall be fully enclosed and provided with a door capable
of being locked so as to allow privacy for the persons using said room.
3.27 Where toilet or bathroom facilities are shared by occupants of residential
accommodation, other than self contained dwelling units, an appropriate
entrance shall be provided from a common passageway, hallway, corridor
or other common space to the room or rooms containing the said facilities.
PLUMBING
3.28 Every dwelling unit shall contain at least one water closet, one wash
basin, a bathtub or shower, and one kitchen sink. All appropriate plumbing
fixtures shall be provided with an adequate supply of hot and cold running
water. Hot water shall be supplied at a temperature of not less than 49
degrees Celsius (120 F) .
3.29 Every dwelling unit shall be provided with an adequate supply of potable
running water from a source approved by the Medical Officer of Health.
3.30 All plumbing, including drains, water supply pipes, water closets and other
plumbing fixtures shall be maintained in good working condition free of
leaks and defects and all water pipes and appurtenances there to shall be
protected from freezing.
3.31 All plumbing fixtures shall be connected to the sewer system through
water seal traps.
3.32 Every fixture shall be of such materials, construction and design as will
ensure that the exposed surface of all parts are hard, smooth, impervious
to hot and cold water, readily accessible for cleansing and free from
blemishes, cracks, stains, or other interstices that may harbour germs or
impeded thorough cleansing.
ELECTRICAL SERVICE
3.33 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.34 The electrical wiring, fixtures, switches, receptacles, and appliances
located or used in dwellings, dwelling units and accessory buildings shall
be installed and maintained in good working order so as not to cause fire
or electrical shock hazards. All electrical services shall conform to the
regulations established by the Electricity Act, as amended.
3.35 Every habitable room in a dwelling shall have a least one electrical duplex
outlet for each 11.1 square meter (120 sq. ft.) of floor space and for each
additional 9.3 square meters (100 sq. ft.) of floor area a second duplex
outlet shall be provided. Extension cords shall not be used on a
permanent basis.
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3.36 Every bathroom, toilet room, kitchen, laundry room, furnace room,
basement, cellar and non-habitable work or storage room shall be
provided with a permanent light fixture.
3.37 Lighting fixtures and appliances installed throughout a dwelling unit,
including stairways, corridors, passage ways, garages and basements,
hall provide sufficient illumination so as to avoid health or accident
håzards in normal use.
HEATING. HEATING SYSTEMS. CHIMNEYS AND VENTS
3.38 Every dwelling and building containing residential dwelling unit shall be
provided with suitable heating facilities capable of maintaining an indoor
ambient temperature of 21 degree Celsius (70 degrees F) in the occupied
dwelling units. The heating system shall be maintained in good working
condition so as to be capable of safely heating the individual dwelling units
to the required standard.
3.39 All fuel burning appliances, equipment, and accessories in a dwelling shall
be installed and maintained to the standards provided by the Energy act,
as amended or other applicable legislation.
3.40 Where a heating system or part thereof that requires solid or liquid fuel to
operate, a place or receptacle for such fuel shall be provided and
maintained in a safe condition and in a convenient location so as to be
free from fire or accident hazard.
3.41 Every dwelling shall be so constructed or otherwise separated to prevent
the passage of smoke, fumes, and gases from that part of the dwelling is
not used, designed or intended to be used for human habitation into other
parts of the dwelling used for habitation. Such separations shall conform
to the Ontario Building Code.
3.42 All fuel burning appliances, equipment, and accessories in a dwelling shall
be properly vented to the outside air by means of a smoke-pipe, vent pipe,
chimney flue or other approved method.
3.43 Every chimney, smoke-pipe, flue and vent shall be installed and
maintained in good repair so as to prevent the escape of smoke, fumes or
gases from entering a dwelling unit. Maintenance includes the removal of
all obstructions, sealing open joints, and the repair of loose or broken
masonry units.
3.44 Every chimney, smoke·pipe, flue and vent shall be installed and
maintained in good condition so as to prevent the heating of adjacent
combustible material or structural member to unsafe temperature.
FIRE ESCAPES. ALARMS AND DETECTORS
3.45
A listed fire alarm and a fire detection system, approved by the Canadian
Standards association or Underwriters Laboratories of Canada, shall be
provided by the owners of buildings of residential occupancies where
sleeping accommodations is provided for more than ten persons, except
that such systems need not be provided where a public corridor or exit
serves not more than four dwelling units or individual leased sleeping
rooms.
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3.46 In addition to the provisions of article 3.45 hereof, in every dwelling unit in
a building, a listed smoke alarm of combustion, approved by the Canadian
Standards Association or Underwriters Laboratories of Canada, or
detectors of the single station alarm type, audible within bedrooms when
intervening doors are closed, shall be installed by the occupant between
bedrooms or the sleeping area and the remainder of the dwelling unit,
such as in a hallway or corridor serving such bedrooms or sleeping area.
The products of combustion detector referred to shall;
(1) be equipped with visual or audio indication that they are in operating
condition;
(2) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6
to 12 inches below the ceiling).
3.47 Buildings using a fire escape as a secondary means of egress shall have
the escape in good condition, free from obstructions and easily reached
through an openable window or door.
EGRESS
3.48 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling and
the dwelling unit to the outside at street or grade level.
3.49 Each dwelling containing more than one dwelling unit shall have at least
two exits, both of which may be common or the one of which may be
common and the other may be an exterior stair or fire escape. Access to
the stairs or fire escape shall be from corridors through doors at floor level,
except access from a dwelling unit may be through a vertically mounted
casement window having an unobstructed opening of not less than
1000mm X 550mm, (39 X 22 inches) with sill height of not more than
1000mm, (39 inches), above the inside floor. A single exit is permitted
from a dwelling unit where the path of egress is through an exterior door
located at or near ground level and access to such exit not through a room
not under the immediate control of the occupants of the dwelling unit.
NATURAL LIGHT
3.50 Every habitable room except a kitchen, bathroom or toilet room shall have
a window or windows, skylights or translucent panels facing directly or
indirectly to an outside space and admits as much natural light equal to
not less than ten percent of the floor area for living and dining rooms and
five percent of the floor area for bedrooms and other finished rooms.
VENTILATION
3.51 Every habitable room in a dwelling unit, including kitchens, bathrooms or
toilet rooms, shall have openings for ventilation providing an unobstructed
free flow of air of a least 0.279 square meters (3 sq. ft.), or an approved
system of mechanical ventilation such that provide hourly air exchanges.
3.52 All systems of mechanical ventilation shall be maintain in good working
order.
3.53 All enclosed areas including basements, cellars, crawl spaces and attics
or roof spaces shall be adequately ventilated.
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EL.EV A TING DEVICES
3.54 Elevators and other elevating devices including all mechanical and
electrical equipment, lighting fixtures, lamps, control buttons, floor
indicators, ventilation fans, and emergency communication systems shall
be operational and maintained in good condition.
DISCONNECTED UTILITIES
3.55 Owners of residential buildings or any person or persons acting on behalf
of such owner shall not disconnect or cause to be disconnected any
service or utility supplying heat, electricity, gas, refrigeration or water to
any residential unit or building occupied by a tenant or lessee, except for
such reasonable period of time as may be necessary for the purpose of
repairing, replacing, or otherwise altering said service or utility.
OCCUPANCY STANDARDS
3.56 The number of occupants, residing on a permanent basis in any individual
dwelling unit, shall not exceed one person for every nine square meters of
habitable floor area. For the purpose of computing habitable floor area any
area with the minimum ceiling height less than 2.1 meters shall not be
considered.
3.57 No room shall be used for sleeping purposes unless it has a minimum
width of two meters and a floor area of at least six square meters. A room
used for sleeping purposes by two or more persons shall have a floor area
of at least four square meters per person.
3.58 The use of a cellar as a habitable room is prohibited.
3.59 Any basement, or portion thereof, used as a dwelling unit shall conform to
the following requirements:
(a) each habitable room shall comply with all the requirements set out in this
by~law;
(b) window areas used for natural light and ventilation shall be at least fifty
percent above grade;
(c) floors and walls shall be constructed so as to be damp proof and
impervious to water leakage;
(d) each habitable room shall be separated from the fuel fired heating unit or
other similarly hazardous equipment by a suitable fire separation and
approved under the Ontario Building Code;
(e) access to each habitable room shall be gained without passage through a
furnace room, boiler room, or storage room
PART IV
VACANT LANDS AND BUILDINGS
4.01 All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform
to the Ontario Building Code where applicable.
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VACANT LANDS
4.02 Vacant lands excluding lands assessed as farm lands on the last revised
assessment roll shall be maintained to the standards as described in Part
2 Article 2.02 of this by-law.
4.03 Vacant land assessed as farm lands on the last revised assessment roll
shall be graded, filled or otherwise drained so as to prevent recurrent
ponding of water.
VACANT BUILDINGS
4.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris
and shall have all water, electrical and gas services turned off except
those services that are required for the security and maintenance of the
property .
4.05 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 painted a colour compatible with the
surrounding walls and securely fastened.
PART V
NON-RESIDENTIAL PROPERTY STANDARDS
5.01 All repairs and maintenance of property shall be carried out with suitable
and sufficient materials and in a manner accepted as good workmanship
within the trades concerned. All new construction or repairs shall conform
to the Ontario Building Code where applicable.
YARDS
5.02 The yards of non-residential property shall be maintained to the standards
as described in Part 2 Article 2.02 of this by-law.
5.03 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 unobstructed 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 suitable enclosed by a solid wall or a
painted board or metal fence not less that 1.8 meters (6 ft) in height and
maintained in good repair.
PARKING AREAS AND DRIVEWAYS
5.04 All areas used for vehicular traffic and parking shall have a surface
covering of asphalt, concrete, or compacted stone or gravel and shall be
kept in good repair free of dirt and littler. Notwithstanding the foregoing,
non-residential properties which abut residential properties, all areas used
for vehicular traffic and parking shall have a surface covering of asphalt, or
similar hard surface.
5.05 All areas used for vehicular traffic, parking spaces and other similar areas
shall be maintained so as to afford safe passage under normal use and
weather conditions.
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Property Standards By-law
By-law No. 2006 - 107
STRUCTURAL SOUNDNESS
5.06 Every part of a building structure shall be maintained in a sound condition
so as to be capable of safely sustaining its own weight load and any
additional load to which it may be subjected through normal use, having a
factor of safety required by the Ontario Building Code. Structural members
or materials that have been damaged or indicate evidence of deterioration
shall be repaired or replaced.
5.07 Walls, roofs, and other exterior parts of a building or structure shall be free
from loose or improperly secured objects or materials.
EXTERIOR WALLS
5.08 Exterior walls of a building or a structure and their components, including
soffits, fascia, window and doors, shall be maintained in good repair free
from cracked, broken or loose masonry units, stucco, and other defective
cladding or trim. Paint or some other suitable preservative or coating must
be applied and maintained so as to prevent deterioration due to weather
conditions, insects or other damage.
5.09 Exterior walls of a building or a structure and their components, shall be
free of unauthorized signs, painted slogans, graffiti and similar
defacements.
GUARDRAIL
5.10 A guardrail 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")above grade. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all lands, mezzanines and
similar area. Guardrails, balustrades and handrails shall be constructed
and maintained rigid in nature.
LIGHTING
5.11 All non·residential establishments shall install and maintain sufficient
windows, skylights and lighting fixtures necessary for the safety of all
persons attending the premises or as may be required by the
Occupational Health & Safety Act for industrial and commercial properties.
However lighting shall not be positioned so as to cause any impairment of
use or enjoyment of neighbouring properties.
Part VI
ADMINISTRATION AND ENFORCEMENT
6.01 This By·law shall apply to all property within the limits of the municipality.
6.02 The imperial measurements contained in this By-law are given for
reference only.
OFFICERS
6.03 The Council of the municipality shall appoint a Property Standards
Officer(s).to be responsible for the administration and enforcement of
this By-law.
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By-law No. 2006 - 107
PROPERTY STANDARDS COMMITTEE
6.04 Council shall appoint at large, by a Resolution, (or By-law) of Council no
fewer than three (3) persons of the municipality to the Property Standards
Committee for a term of office concurrent with Council.
6.05 Every person who initiates an appeal of an Order made under section 15.2
(2) of the Ontario Building Code Act, S. O. 1992, c23, shall submit a Notice
of Appeal in the time frame and the manner as prescribed in section 15.3
(1) of the Act. All Notices of Appeal shall be accompanied by a non-
refundable payment in an amount approved by Council.
COMPLIANCE
6.06 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,
debris or refuse and left in a leveled and graded condition.
VALIDITY
6.07 If an article of this By-law is for any reason held to be invalid, the
remaining articles shall remain in effect until repealed.
6.08 Where a provision of this By-law conflicts with the provision of another by-
law in force within the municipality, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public
shall prevail.
6.09 That By-law No. 1996-14 of the Town of Kincardine, By-law No. 1985-14
for the Township of Kincardine and By-law No. 1998-16 for the Township
of Bruce are hereby repealed.
TRANSITIONAL RULES
6.10 After the date of the passing this by-law, By-law No. 1996-14 of the Town
of Kincardine, and By-law 1985-14 for the Township of Kincardine and
By-law 1998-16 for the Township of Bruce, as amended, shall apply only
to those properties in which an Order to Comply has been issued prior to
the date of passing of this 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.
Part VII
7.0 That this by-law shall be known as the "Property Standards By-law".
READ a FIRST and SECOND TIME this 14th day of June, 2006.
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Maýor
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Cle
READ a THIRD TIME and FINALLY PASSED this 21st day of June, 2006.
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Mayor