HomeMy WebLinkAboutKIN 96 014 Property Standards
THE CORPORATION OF THE TOWN OF KINCARDINE
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BY-LAW
BY-LAW NO. 1996 - 14
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THE TOWN OF KINCARDINE PROPERTY STANDARDS BY-LAW
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A BY-LAW TO ESTABLISH STANDARDS FOR THE
MAINTENANCE OF PROPERTIES, BUILDINGS AND YARDS
IN THE TOWN OF KINCARDINE
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First and Second Reading
January 18, 1996
Third and Final Reading
February 15,1996
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BY-LAW NO. 1996-14
A BY-LAW TO ESTABLISH PROPERTY STANDARDS FOR THE TOWN OF
KINCARDINE
WHEREAS it is deemed expedient to establish standards for the
maintenance of buildings, structures, yards and property in the
Town;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
PART 1
DEFINITIONS
In this by-law:
1. 01
Building" means a detached building
not used for human habitation, that
to the primary use of the same property.
or
is
"Accessory
structure,
subordinate
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.
is
its
the
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.
1.07 "Committee"
Committee.
means the
Property Standards
Appeal
1. 08
"Dwelling" means a building or structure or part
building or structure, occupied or capable of
occupied, in whole or in part for the purpose of
habitation.
of a
being
human
1. 09
"Dwelling Unit" means a
operated as a housekeeping
used as a domicile by
supporting general living
cooking, eating, sleeping,
room or a suite of rooms
unit, used or intended to be
one or more persons and
conditions usually including
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.
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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
for or capable of being used
sleeping or eating purposes.
in a dwelling unit used
for living, cooking,
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 for enforcing
and administering the By-Law.
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 or partnership.
firm, corporation,
1.21 "Property" means a building or structure or part of a
building or structure and includes the lands and
prem~ses appurtenant thereto and all mobile structure,
outbuildings, fences and erections thereon, whether
heretofore or hereafter erected and includes vacant
property.
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(b)
(1) 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
Surface conditions of yards shall be maintained so as:
to prevent ponding or storm water;
to prevent instability or erosion of soil;
(1)
(2)
(3)
to prevent surface water
basements;
run-off from
entering
(4) not to exhibit an unsightly appearance;
(5) to be kept free of deep ruts and holes;
(6) to provide for safe passage under normal use and
weather conditions, day or night;
(7) not to create a nuisance to other property.
SEWAGE AND DRAINAGE
2.04 Sewage shall be discharged into the sewage system.
2.05
Sewage of any kind shall not be discharged onto
surface of the ground, whether into a natural
artificial surface drainage system or otherwise.
the
or
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.
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 hall 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.
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.
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1. 22
"Repair" means the provision of such facilities and
making of additions or alterations or the taking
such action as in restoring, renovating, mending as
be required so that the property shall conform
standards established in this by-law.
the
of
may
to
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.
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 where
applicable.
YARDS
2.02 Every yard, including vacant lots shall be kept clean
and free from:
(a)
(1) rubbish or debris and objects or conditions that might
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;
(3) long grass, brush, undergrowth and noxious weeds such
as ragweed, poison ivy, poison oak, and poison sumach;
(4)
dilapidated,
structures;
collapsed or
partially
constructed
(5)
injurious insects, termites, rodents, vermin or other
pests;
(6) dead, decayed or damaged trees or other natural growth.
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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.
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.
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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,
shall be free
or materials.
and other exterior parts of a building
from loose or improperly secured objects
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, waterproofing walls, joints, and
floors.
3.09
dwelling, except for slab on grade construction,
be supported by foundation walls or piers which
below the frost line, or to solid rock.
Every
shall
extend
EXTERIOR WALLS
3.10 Exterior walls of a dwelling and their components,
including soffits, 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
be free
graffiti
walls of a dwelling and their components shall
of inappropriate signs, painted slogans,
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.
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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.
ROOFS
3.17
Roofs of dwellings and their components
maintained in a weathertight condition, free
or unsecured objects or materials.
shall be
from loose
3.18
Accumulations
removed from
buildings.
of ice or snow or both shall be promptly
the roofs of dwellings and accessory
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.
3.21
floor in a bathroom, toilet room, kitchen, shower
laundry room and kitchen shall be maintained so
be impervious to water and readily cleaned.
Every
room,
as to
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 AND BALUSTRADES
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"). 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.
KITCHENS
3.24 Every dwelling shall contain a kitchen area equipped
with:
(a)
a sink that is served with hot and cold running water
and is surrounded by surfaces impervious to grease and
water;
(b)
suitable storage area of not less than 0.23 cubic meter
(8 cubic feet);
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(c)
in'width
sink, and
moisture
a counter or work area at least 0.61 m (2 ft)
by 1.22 m (4 ft) in length, exclusive of the
covered with a material that is imperious to
and grease and is easily cleanable; and
(d)
a space provided for cooking and refrigeration
appliances including the suitable electrical or gas
connections.
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
dwelling unit shall be provided with an
of potable running water from a source
Medical Officer of Health.
adequate
approved
Every
supply
by the
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
sewerage 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 Power Corporations Act, as amended.
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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.
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
swelling unit, including stairways, corridors, passage
ways, garages and basements, hall provide sufficient
illumination so as to avoid health or accident hàzards
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
a heating system or part thereof that requires
or liquid fuel to operate, a place or receptacle
such fuel shall be provided and maintained in a
condition and in a convenient location so as to be
from fire or accident hazard.
Where
solid
for
safe
free
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
installed and maintained in good condition
prevent the heating of adjacent combustible
structural members to unsafe temperature.
be
to
or
shall
so as
material
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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 services not
more than four dwelling units or individual leased
sleeping rooms.
3.46 In addition to the provisions of article 3.45 hereof,
in every dwelling unit in a building, a listed products
of combustion detector, 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
egress shall have
from obstructions
openable window or
fire escape as a secondary means of
the escape in good condition, free
and easily reached through an
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
1.067 by 0.558 meters, (42 X 22 inches) with sill
height of not more than 0.914 meters, (36 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.
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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,
spaces and attics or roof spaces shall
adequately ventilated.
crawl
be
ELEVATING 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
requirements set out in this by-law;
the
(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
fired heating unit or other similarly
equipment by a suitable fire separation and
under the Ontario Building Code;
the fuel
hazardous
approved
(e)
access
passage
room.
to each habitable room shall be gained without
through a furnace room, boiler room, or storage
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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.
VACANT LANDS
4.02 Vacant land shall be maintained to the standards as
described in Part 2 Article 2.02 of this by-law.
4.03 Vacant land 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
maintained to
Article 2.02 of
non-residential
the standards as
this by-law.
property shall
described in Part
be
2
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.
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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.
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
structure shall be free from
secured objects or materials.
parts of a building or
loose or improperly
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
components, shall be free
painted slogans, graffiti and
or a structure and their
of inappropriate signs,
similar defacements.
GUARDRAIL AND BALUSTRADES
5.10 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"). 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.
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PART VI
ADMINISTRATION AND ENFORCEMENT
6.01 The By-Law shall apply to all property within the
limits of the municipality.
OFFICERS
6.02 The Council of the Town of Kincardine shall appoint a
Property Standards Officer responsible for the
administration and enforcement of the by-law.
6.03
An officer or any
instructions may at a
proper identification,
person acting under his/her
reasonable time and on producing
enter and inspect any property.
6.04 An officer or any person acting under his/her
instructions shall not enter any room or place actually
used as a dwelling without the consent of the occupier
except under the authority of a Search Warrant issued
under Section 142 of the provincial Offences Act.
NOTICE OF NON-COMPLIANCE
6.05 If, after an inspection the officer is satisfied that
in some respect, the property does not conform to the
standards prescribed in this By-Law he/she shall serve
or cause to be served by prepaid registered mail or by
personal service to the owner(s) of the property as
shown by the records of the Land Registry Office, and
the Sheriff's Office, a Notice of Non-Compliance and
may at the same time provide all occupants of the
property with a copy of such Notice.
The Notice shall state:
(a) that the property does not comply with the standards
prescribed by the By-Law and shall specify the
standards with which the property does not comply;
(b) that after a certain date, specified in the Notice, the
property will be subject to a reinspection to ascertain
compliance;
(c)
that after the specified reinspection date, the
property still does not comply to the prescribed
Standards, an Order will be issued by the Officer under
article 6.07 of this by-law; and
(d) that the Officer may be contacted for the purpose of
requesting further information and advice pertinent to
the violations noted or reporting what action is being
or will be taken to affect compliance with this By-
Law.
ORDER TO REMEDY VIOLATIONS OF NON-COMPLIANCE
6.06 If, after affording any person served with a notice
provided for in article 6.05 an opportunity to appear
before the officer and to make representations in
connection therewith, the officer may make and serve or
cause to be served upon or send by prepaid registered
mail to such person an order containing,
(a)
the municipal address or legal description of such
property;
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(b)
reasonable particulars of the repairs to be effected or
statement that the site is to be cleared of all
buildings, structures, debris or refuse and left in a
graded and level condition and the period in which
there must be a compliance with terms and conditions of
the order and notice that, if such repair or clearance
is not completed with in the time specified in the
order, the Town of Kincardine may carry out the repairs
at the expense of the owner; and
(c) the final date for giving notice of appeal from the
order.
6.07 If, the Officer is unable to effect service under
article 6.05 or 6.06, he/she shall place a placard
containing the terms of the Notice or Order in a
conspicuous place on the property and the placing of
the placard shall be deemed as sufficient service of
the notice or order on the owner or other persons.
REGISTRATION OF ORDER
6.08 An order made under article 6.06 may be registered in
the proper land registry office and, upon such
registration any person acquiring an interest in the
land subsequent to the registration of the order shall
be deemed to have been served under article 606 and,
when the requirements of the order have been satisfied,
the Clerk of the Town of Kincardine shall forthwith
register in the proper land registry office a
certificate that such requirements have been satisfied,
which shall operate as a discharge of the order.
PROPERTY STANDARDS COMMITTEE
6.09 There shall be and is hereby established a Property
Standards Committee consisting of no fewer than three
members, who shall be ratepayers in the Town of
Kincardine, appointed by By-Law to hold office
respectively so that as nearly as possible, one third
of such members shall retire each year.
6.10 When the owner or occupant upon whom and Order has been
served in accordance with article 6.06 is not satisfied
with the terms or conditions of the Order, he/she may
appeal to the Committee by sending a Notice of Appeal
by registered mail to the Secretary of the Committee
within fourteen days after service of the Order. In
the event that no appeal is taken the order shall
be deemed to have been confirmed.
6.11 Where an appeal has been taken, the Committee shall
hear the appeal and shall have all the authority and
functions of the Officer and may confirm, modify, or
quash the order, or may extend the time period for
compliance provided that, in the opinion of the
Committee, the general intent of the By- Law and of the
Official Plan or policy statement are maintained.
PENALTY
6.12 No owner or occupant of a property shall fail to comply
with a Property Standards Order as confirmed or
modified. Should the owner or occupant fail to
demolish or repair the property in accordance with an
Order as confirmed or modified, the municipality in
addition to other remedies,
(a) shall have the right to demolish or repair the property
accordingly and for this property; and
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(b)
shall not be liable to compensate such owner, occupant
or another person having interest in the property by
reason of anything done by or on behalf of the
municipality under the provisions of this article;
(c)
may cause a prosecution to be brought against any
person who is in breach of such an Order and upon
conviction such person shall forfeit and pay at the
discretion of the convicting provincial Judge or
justice of the Peace acting within his/her territorial
jurisdiction, a penalty of not more than Two Thousand
Dollars ($2,000) for the first offence and not more
than Ten Thousand Dollars ($10,000) for any subsequent
offence, and if a corporation is convicted, the maximum
penalty shall be not more than Ten Thousand
Dollars($10,000) for the first offence and Fifty
Thousand Dollars ($50,000) for any subsequent offence,
for each day that such person or corporation is in
contravention of such an Order that is final and
binding and in default of payment of the said penalty
and costs forthwith, the said penalty and costs, or
costs only, may be levied by distress and the sale of
goods and chattels of the offender, and in the case of
there being no distress found out of which can be
levied, the convicting provincial Judge or Justice of
the Peace acting within his/her territorial
jurisdiction, may commit the offender to a Regional
Detention Centre for a period not exceeding six (6)
calender months, unless the said penalty and costs (if
any) including the costs of the said distress and the
committal and conveyance of the offender to said
Centre, are sooner paid. upon a conviction being
entered, the court in which the conviction was entered
and any court of competent jurisdiction thereafter may,
in addition to any other remedy and of any penalty
imposed in this By-Law, make an Order prohibiting the
continuation or repetition of the offence by the person
convicted.
VALIDITY
6.13 If an article of this By-law if for any reason held to
be invalid, the remaining articles shall remain in
effect until repealed.
6.14 Where a provision of this By-Law conflicts with the
provision of another By- Law in force within the Town
of Kincardine, the provisions that establish the higher
standards to protect the health, safety and welfare of
the general pUblic shall prevail.
6.15 This By-Law may be referred to as "The Property
Standards By-Law".
SECTION VII
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Property Standards By-Law
Page 17
SUNDRY
7.01
By-Law Number
Corporation of
January, 1980,
4262 passed by the Council of
the Town of Kincardine on the 3rd day
be and the same is hereby repealed.
The
of
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7.02
This by-law shall come into full force and effect upon
its final passage.
7.03 This by-law may be cited as "The Property Standards
By-Law" .
READ a FIRST and SECOND time this 18th day of January, 1996.
READ a THIRD time and FINALLY PASSED this 15th day of February,
1996 .
~~.
4IIÞ Mayor
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