HomeMy WebLinkAbout19 123 Property Standards By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
No. 2019 - 123
BEING A BY-LAW TO ESTABLISH STANDARDS FOR THE
MAINTENANCE OF PROPERTIES, BUILDINGS AND YARDS
IN THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
provides that a municipality may pass by-laws respecting, inter alia, health, safety
and the well-being of persons;
• AND WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1992,
c.23, as amended provides that a By-law may be passed by the Council of a
municipality prescribing the Standards for the maintenance and occupancy of
property within the municipality provided the Official Plan for the municipality
includes provisions relating to property conditions;
WHEREAS there is in effect in the Municipality of Kincardine an Official Plan that
includes provisions relating to Property Conditions;
AND WHEREAS the Building Code Act, S.O. 1992, c.23 Section 15.6(1) requires
that a By-law passed under Section 15.1(3) shall provide for the establishment of
a Property Standards Committee;
AND WHEREAS on June 21, 2006 Council passed By-law No. 2006-107,
"Property Standards By-law" and have established a Property Standards
Committee;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
• deems it advisable to repeal By-law No. 2006-107 and replace it with a new by-
law to establish standards for the maintenance of properties, buildings and yards
in the Municipality of Kincardine under Section 15.1(3) of the Building Code Act,
S.O. 1992, c. 23;
NOW THEREFORE, the Council of the Municipality of Kincardine hereby
ENACTS as follows:
PART 1 -DEFINITIONS 3
PART 2 -GENERAL STANDARDS FOR ALL PROPERTY AND USES 5
2.01. SCOPE 5
2.02. LOT GRADING - DRAINAGE 6
2.03. SNOW DISPOSAL - STORAGE 6
2.04. EXTERIOR LIGHTING 6
2.05. RETAINING WALL 7
• 2.06. WELLS — CISTERN — CESSPOOL - PRIVY VAULT - PIT OR
EXCAVATION 7
2.07. ACCESSORY BUILDINGS 7
2.08. FENCE 7
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2.09. TOWER-GANTRIES-MASTS-ANTENNAE 7
• 2.10 GARBAGE DISPOSAL 7
2.11 UNENCLOSED PORCH - BALCONY - CARPORTS 8
PART 3 -BUILDINGS AND STRUCTURES 8
3.01. STRUCTURAL ADEQUACY - CAPACITY 8
3.02. FOUNDATION WALLS - BASEMENTS 8
3.03. EXTERIOR WALLS — SURFACES - CLADDING-MASONRY 9
3.04. DOORS — WINDOWS — CELLAR - HATCHWAYS 9
3.05. WINDOW SCREENS 9
3.06. CANOPIES — MARQUEES - AWNINGS 9
3.07. ROOF 10
3.08. EAVESTROUGH SYSTEM- METAL DUCTS-FLASHING 10
3.09. CHIMNEY FLUES 10
3.10. GARAGE — CARPORT 10
PART 4 -INTERIOR OF BUILDINGS AND STRUCTURES 10
• 4.01. INTERIOR STRUCTURE-COLUMNS-BEAMS 10
4.02. WALLS-CEILINGS 11
4.03. FLOORS 11
4.04. STAIRS — HANDRAILS - GUARDS 11
4.05. ELEVATORS 11
4.06. MEANS OF EGRESS 12
4.07. HEATING 12
4.08. AIR CONDITIONING 12
4.09. ELECTRICAL 12
4.10. VENTILATION 13
4.11. LIGHTING 13
4.12. PLUMBING 13
4.13. SEWAGE SYSTEM 13
4.14. MOULD 14
4.15. INSULATION 14
PART 5 ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
14
• 5.01. OCCUPANCY STANDARDS 14
5.02. TOILET AND BATHROOM FACILITIES 15
5.03 FLOORS 15
5.04. STAIRS HANDRAILS GUARDS 15
5.05. HEATING 15
5.06. ELECTRICAL 15
5.07. WATER SUPPLY 15
5.08 MEANS OF EGRESS 16
5.09 FIRE PROTECTION 16
PART 6 ADDITIONAL REQUIREMENTS FOR NON-RESIDENTIAL
PROPERTY STANDARDS 16
6.01. MEANS OF EGRESS 16
6.02. GUARDRAILS 16
6.03. SEPARATIONS 16
6.04. VENTILATION 17
6.05. LIGHTING 17
• 6.06 GARBAGE DISPOSAL 17
PART 7 VACANT- DAMAGED-DEMOLITION 17
7.01. VACANT LAND 17
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7.02. VACANT BUILDINGS 17
7.03. DAMAGE BY FIRE-STORM-OTHER CAUSES 17
III7.04. DEMOLISH BUILDING 18
PART 8 ADMINISTRATION AND ENFORCEMENT 18
8.01. BY-LAW 18
8.02. MEASUREMENT 18
8.03. ADMINISTRATION 18
8.04. AUTHORIZED ASSISTANT 18
8.05. INSPECTION 18
8.06. OBSTRUCTION 18
8.07. ORDER TO REMEDY 18
8.08. APPEAL 19
8.09. POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH 19
8.10. EMERGENCY ORDER 20
8.11. CERTIFICATE OF COMPLIANCE 20
8.12. PENALTY FOR NON-COMPLIANCE 20
8.13. CONFLICTS-BY-LAWS-STANDARDS-REGULATIONS 20
8.14. VALIDITY 20
III 8.15. SEVERABILITY 20
8.16. TRANSITIONAL RULES 20
8.17. TITLE 21
PART 1 -DEFINITIONS
1.01 DEFINITIONS
"Accessory Building" - means a detached building or structure, not used for
human habitation that is subordinate to the primary use of the same property.
"Act" - means an enactment or statute of the Province of Ontario.
"Approved" - means acceptance by the Property Standards Officer.
"Basement" - means that portion of a building between two floor levels, which is
partly underground and which has at least one-half its height from finished floor to
the underside of the first floor joists above the average finished grade level
adjacent to the exterior walls of the building.
III
"Building" - means any structure used or intended to be used for supporting or
sheltering any use or occupancy.
"Building Code" - means the Building Code Act, R.S.O. 1990 c. C. -, as
amended, and any regulations made under that Act.
"Chief Building Official" - means the Chief Official appointed by the Corporation
under Section 3 of the Building Code Act, 1992, c. 23 and having jurisdiction for
the enforcement thereof.
"Code" - means a regulation of the Province of Ontario known,
a) With respect to matters relating to building, as the Building Code;
b) With respect to matters relating to electricity, as the Electrical Safety Code and
Electrical Safety Authority;
c) With respect to matters relating to fire, as the Fire Code; and
"Committee" - means the committee referred to in Section 15.6 of the Building
1111 Code Act, 1992, S.O. 1992, c. 23 as amended to hear appeals of property
standards orders issued under this By-Law.
"Council" - means the Council of the Municipality of Kincardine.
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"Dwelling" - means a building or portion thereof or structure with kitchen facilities
• or a part of such a building or structure, which is, or is intended to be used for the
purpose of human habitation.
"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.
"Exterior property area" - means the building lot excluding buildings.
"Fence" — means any structure, wall or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to
property or acting as a visual or acoustic screen.
"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 (6 ft.) above grade.
III "Ground cover" - means organic or non-organic material applied to prevent soil
erosion such as concrete, flagstone, gravel, asphalt, grass or other landscaping.
"Guard" - means a protective barrier with or without openings 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.
"Habitable room" - means any room in a dwelling unit used or designed to be
used for the purpose of living, sleeping, eating, cooking or preparation of food and
without limiting the foregoing shall include den, library, sunroom or recreational
room or any combination thereof.
"Non-habitable space" - means a bathroom, toilet room, water closet
compartment, laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway,
closet, storage room, boiler room, furnace room, accessory space for service,
maintenance or access within a building or a room or space which does not
comply with the minimum standards for residential occupancy.
111 "Non-Residential Property" - means a building or structure or part of a building
or structure not occupied in whole or in part for the purpose of human habitation,
and includes the lands and premises appurtenant and all of the outbuildings,
fences or erections thereon or therein.
"Occupant" - means any person or persons over the age of eighteen years in
possession of the property.
"Officer" - means a Property Standards Officer and/or a Municipal Law
Enforcement Officer of the Municipality of Kincardine who has been appointed by
the Corporation and assigned the responsibility of administering and enforcing this
By-Law and includes the Chief Building Official or his or her designate.
"Owner" — includes the owner in trust; a mortgagee in possession; the person for
the time being, managing or receiving the rent of the land or premises in
connection with which the word is used whether on his own account, or as agent
or trustee of any other person, or who would receive the rent if the land and
III premises were let, and shall also include a lessee or occupant of the property
who, under the terms of a lease, is required to repair and maintain the property in
accordance with the standards for the maintenance and occupancy of property.
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"Person" - means and includes any person, firm, partnership, corporation,
company, association, or organization of any kind.
•
"Property"" - means a building or structure or part of a building or structure, and
p
includes the lands and premises appurtenant thereto and all outbuildings, fences
and erections thereon whether heretofore or hereafter erected and includes
vacant property.
"Property Standards Officer" - has the same meaning as Officer.
"Repair" - includes the provision of such facilities and the making of additions or
alterations or the taking of such action as may be required so that the property
shall conform to the standards established in this By-law.
"Safe condition" - means a condition that does not pose or constitute an undue
or unreasonable hazard or risk to life, limb or health of any person on or about the
property, and includes a structurally sound condition.
"Sewage system" — means the Municipality of Kincardine system of storm
sewers, sanitary sewers and combined sewers, or a private sewage disposal
• system approved by the Chief Building Official within the Municipality of
Kincardine.
"Sign" - means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate
advertise or direct attention to any person, business, service, commodity or use.
"Snow disposal site" -means only those lands on which snow is placed after
being brought to the lot from another lot, and shall not include areas to which
snow is moved to one portion of a lot after being cleared from the rest of the lot.
"Snow storage site" - means that portion of lands being used for the storage of
snow that has been moved to one portion of a lot after being cleared from another
portion or portions of a lot.
"Municipality" - means The Corporation of the Municipality of Kincardine unless
the context requires otherwise.
"Visual barrier" —means a continuous, uninterrupted structure and/or fence
1111 which completely blocks lines of sight when viewed perpendicularly from either of
its sides and shall consist of one or more of the following materials: wood, stone,
bricks, mortar, fabricated metal or other similarly solid material approved by the
Property Standards Officer or Chief Building Official.
"Waste" - means garbage, refuse and other waste materials generated from
domestic household sources and similar uses, approved for disposal by the
Ministry of the Environment and Energy and the Municipal Council, at the
Municipal Waste Disposal Site, and shall for the purpose of this definition include
solid commercial, residential and non-hazardous solid industrial waste.
"Yard" - means the land around or appurtenant to the whole or any part of a
residential or non-residential property and used or capable of being used in
connection with the property.
PART 2 -GENERAL STANDARDS FOR ALL PROPERTY AND USES
2.01. SCOPE
• 2.01.1. No owner or occupant of property within the Municipality of Kincardine
shall use, occupy, or allow, permit or acquiesce in the use or occupation of the
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property unless such property conforms to the standards prescribed in this By-
law;
III2.01.2. The owner of any property which does not conform to the standards
established in this By-law shall repair and maintain such property to conform to
the standards, or shall clear the site of all buildings, structures, debris or refuse
and leave it in a graded and levelled condition.
2.01.3. 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;
2.01.4. All new construction or extensive repairs shall conform to the Ontario
Building Code, where applicable;
2.01.5. This By-law does not apply so as to prevent a farm, meeting the definition
of "agricultural operation" under the Farming and Food Production Protection Act,
1998, S.O. 1998, c. 1, from carrying out a normal farm practice as provided for
and defined under that Act.
III2.02. LOT GRADING - DRAINAGE
2.02.1. All yards shall be provided and maintained with adequate surface water
drainage, including suitable provisions for its disposal, without causing erosion, so
as to prevent ponding or the entrance of water into a basement or crawlspace;
2.02.2. No roof, driveways or other surface drainage, and the drainage of water
from swimming pools shall be discharged on an entranceway, walkway, sidewalk,
stair, steps or adjacent property, or on to any highway, or in such a manner that it
will penetrate or damage a building, structure or property;
2.02.3. All roof drainage shall be discharged onto the ground at least 1 metre (39
inches) from the building or structure, providing that it does not adversely affect
adjacent properties, or cause erosion. Lot drainage shall be contained within the
limits of the premises from which it originated until absorbed by the soil or drained
to an approved swale or outlet.
2.02.4 Surface conditions of walkways and driveways shall be installed and
III maintained in a safe condition with asphalt, concrete or other hard surfaces
suitable for their intended use.
2.03. SNOW DISPOSAL - STORAGE
2.03.1. A property owner shall cause any snow disposal site or a snow storage
site on that property to be:
a) Maintained so as not to cause a hazard on the property; and
b) Maintained in such a manner and location on a property so as to prevent a
hazard, flooding, erosion and other damage to neighbouring private or public
lands.
2.04. EXTERIOR LIGHTING
2.04.1. Every stairway, exterior exit and entrance doorway, cellar, basement
entrance or building entrance shall have a permanently installed lighting fixture
that shall be maintained in good working order;
III 2.04.2. All parking and common areas shall be illuminated so as to provide safe
passage;
2.04.3. Facilities for lighting shall be maintained in a good state of repair,
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2.04.4. Outdoor lighting and indoor lighting that can be seen outdoors shall be
• placed and maintained, or have barriers or shades placed and maintained so as
to prevent or block direct illumination of the interior of a dwelling on adjacent
property regardless of whether such dwelling has or may have shades, drapes or
other interior window coverings.
2.05. RETAINING WALL
2.05.1. All retaining walls, screen walls and ornamental walls shall be constructed
of durable material and shall be maintained in a structurally sound condition.
2.06. WELLS — CISTERN — CESSPOOL - PRIVY VAULT - PIT OR
EXCAVATION
2.06.1. A well, cistern, cesspool, privy vault, pit or excavation shall be
permanently sealed, or secured by a fence, cover or netting, unless it is in active
use, in which event it shall be secured by fencing with warning signs until the use
has ceased, whereupon they shall be sealed or secured as required above.
III2.07. ACCESSORY BUILDINGS
2.07.1. The foundations, walls, roofs and all parts of accessory buildings and
other structures appurtenant to the main building shall be:
a) Constructed with suitable materials
b) Maintained in good repair, and
c) Protected from deterioration by the application of paint or other suitable
protective material.
2.08. FENCE
2.08.1. A fence erected on a property or separating adjoining properties shall be
maintained:
a) In good repair, (free from loose or insufficiently secured, rotten, warped or
broken materials);
b) In a safe and structurally sound condition so as to be capable of sustaining
111 safely its own weight together with any load to which it might reasonably be
subject to;
c) Shall be free of dangerous objects; and
d) Reasonably plumb, unless specifically designed to be other than vertical.
2.09. TOWER-GANTRIES-MASTS-ANTENNAE
2.09.1. Towers, gantries, masts, antennae and structures of similar character and
any attachment thereto shall be maintained:
a) Reasonably plumb, unless specifically designed to be other than vertical;
b) In good repair, and
c) In a safe and structurally sound condition.
2.10 GARBAGE DISPOSAL
2.10.1 Every building, dwelling, and dwelling unit shall be provided with a
sufficient number of suitable receptacles to contain all garbage, rubbish and
ashes that may accumulate on the property. Such receptacles shall be
IIIII constructed of watertight material, provided with a tight fitting cover, and shall be
maintained in a clean and odor free condition at all times.
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2.10.2 All garbage, rubbish, and ashes shall be promptly placed in a suitable
container and made available for removal.
• 2.10.3 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.
2.10.4 Garbage or rubbish stored on any property that emits an odor that is
detectable within a dwelling on the same lot or within any yard on an adjoining
property shall forthwith be removed.
2.10.5 Plastic bags shall be considered acceptable receptacles under section
2.10.1 provided they are:
a) Adequately secured so as to prevent spillage
b) Not stored outdoors unless protected from access by animals or vermin and;
c) Otherwise maintained in compliance with section 2.10
2.11 UNENCLOSED PORCH - BALCONY - CARPORTS
2.11.1 Every unenclosed porch or unenclosed balcony, and every exterior and
Illcommon area shall be kept free of garbage, waste, or appliances.
2.11.2 Every owner or occupant of a property shall not use a balcony except as
per its universally intended and accepted use predominantly as outdoor living
space;
2.11.3 Every owner or occupant of a property that contains an unenclosed porch,
balcony or carport shall maintain the unenclosed porch, balcony or carport free of
accumulation of unsightly materials or objects;
a) No person shall use a balcony for the storage or placement of waste,
b) No person shall use a carport for storage of waste;
c) No person shall use or store anything on a balcony in a manner to diminish the
safety factor afforded by guardrails;
d) No person shall use or store anything on a balcony or guardrail to present
falling hazards to below.
IIIPART 3 -BUILDINGS AND STRUCTURES
3.01. STRUCTURAL ADEQUACY - CAPACITY
3.01.1. Every part of a building shall be maintained in a sound condition so as to
be capable of safely sustaining its own weight and any additional load to which it
may be subjected through normal use, having a level 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. In addition to
3.01.2. The definition of "building" includes foundation walls, and other structural
components.
3.01.2. Buildings shall be maintained so as to prevent the entry of moisture that
would contribute to damage, fungus growth, decay or deterioration and shall be
capable of safely and adequately performing its function subject to all reasonable
serviceability requirement.
3.02. FOUNDATION WALLS - BASEMENTS
III3.02.1. All foundation walls and the basement, cellar or crawl space floors shall be
maintained in good repair and structurally sound;
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3.02.2. Every basement, cellar and crawl space in a property shall be maintained
in a reasonably watertight condition so as to prevent the leakage of water into the
IIII building.
3.03. EXTERIOR WALLS — SURFACES - CLADDING-MASONRY
3.03.1. All exterior walls and surfaces of every building or structure shall be
a) Sound, plumb, and weather tight, free from loose or unsecured objects and
maintained in good repair,
b) In good repair free from cracked or broken masonry units, defective or
deteriorated wood or metal siding, flashing or trim, cracked, broken or loose
stucco, loose or unsecured objects; and
c) Maintained by the painting, restoring or repairing of the walls, coping or
flashing, by the waterproofing of joints and the walls themselves, by the
installation of or repairing of weather tight finishing, or the installation of termite
shields, if required.
3.03.2. All exterior surfaces that have previously been covered with paint or other
protective or decorative materials shall be maintained in good repair and the
• covering renewed when it becomes damaged or deteriorated;
3.04. DOORS —WINDOWS — CELLAR - HATCHWAYS
3.04.1. Windows, skylights, exterior doors and frames, basement or cellar
hatchways, attic access doors including storm and screen doors and storm
windows shall be maintained in good working order, good repair, in a safe
condition and shall be of such construction so as to prevent the entrance of wind,
snow or rain into the building and to minimize heat loss through infiltration;
3.04.2. At least one entrance door in every dwelling unit shall have hardware so
as to be capable of being locked from inside and outside the dwelling unit;
3.04.3. All windows capable of being opened and all exterior doors shall have
hardware so as to be capable of being locked or otherwise secured from inside
the building;
3.04.4. All windows capable of being opened shall be equipped with a screen to
Ill prevent the passage of insects and the screen shall be maintained in a good
condition.
3.04.5. 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 100mm diameter sphere. Such safety device shall not prevent the
window from being fully opened during an emergency situation.
3.05. WINDOW SCREENS
3.05.1. When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window or similar closure, it shall be
protected with:
a) Mesh screening, metal grills, or other equivalent durable rust proof material; or
b) Other protection so as to effectively prevent the entry of rodents, large insects
or vermin.
III3.06. CANOPIES — MARQUEES - AWNINGS
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3.06.1. All canopies, marquees and awnings shall be properly anchored so as to
be kept in safe and sound condition and shall be protected from decay and rust by
• a periodic application of weather-coating material.
3.07. ROOF
3.07.1. Every roof and all of its components shall be maintained in good repair
and in a safe and structurally sound condition;
3.07.2. Without restricting the generality of this Section, such maintenance
includes:
a) Removal of loose, unsecured or rusted objects or materials;
b) Removal of dangerous accumulations of snow or ice;
c) Keeping roof and chimney in water-tight condition so as to prevent leakage of
water into the building; and
d) Keeping all roof-related structures plumb unless specifically designed to be
other than vertical.
3.08. EAVESTROUGH SYSTEM- METAL DUCTS-FLASHING
• 3.08.1. Metal eaves trough, roof gutter, rainwater pipe, downspouts, flashing and
all exterior metal ducts shall be properly secured free from loose or unsecured
objects, free from obstructions and health hazards, weather-tight, free of holes
and maintained in good repair,
3.08.2. Metal eaves troughs, rainwater pipes, flashing and all exterior metal ducts
shall be kept free from rust by application of a suitable protective material such as
paint, and shall be renewed when necessary;
3.09. CHIMNEY FLUES
3.09.1. Chimney, vent pipes, smoke stacks, flues, ducts and other similar
equipment shall be constructed, installed and maintained free from obstruction
and shall prevent:
a) The entrance of smoke or gases into a building;
b) The heating of adjacent combustible materials, walls and structural members to
• unsafe temperatures; and
c) Fire, health or other hazards.
3.09.2. Any fuel burning heating equipment used in a building shall be properly
vented to the exterior by means of an approved smoke pipe, vent pipe or
chimney.
3.10. GARAGE — CARPORT
3.10.1. The construction between an attached or built-in garage or carport and a
dwelling unit shall provide an effective barrier to gas and exhaust fumes;
3.10.2. A door between an attached or built-in garage and a dwelling unit shall be
tight-fitting and weather-stripped to provide an effective barrier against the
passage of gases and exhaust fumes and shall be fitted with a self-closing device;
PART 4 -INTERIOR OF BUILDINGS AND STRUCTURES
• 4.01. INTERIOR STRUCTURE-COLUMNS-BEAMS
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4.01.1. In every building, all structural components, including but not limited to all
joists, beams, studding, and roof rafters, shall be of sound material and adequate
IIIfor the load to which they are subjected.
4.02. WALLS-CEILINGS
4.02.1. All interior surfaces and finishes of walls and ceilings shall be maintained:
a) In good repair, a surface which is reasonably smooth, clean, tight and easily
cleaned;
b) Free of holes, cracks, loose plaster or other material;
c) In a safe condition; and
d) So as to possess the fire resistant properties required by the Building and Fire
Codes.
4.02.2. In any bathroom, the walls to a height of forty-two (42) inches above a
bathtub equipped with a shower or six (6) feet above the floor of a shower stall,
shall be maintained as to be water resistant and readily cleaned.
4.03. FLOORS
III 4.03.1. Every floor shall be smooth and level and maintained so as to be free of all
loose, warped, protruding, broken or rotted boards that may create an unsafe
condition or surface. Such defective floors shall be repaired or replaced;
4.03.2. Every bathroom, kitchen, laundry and shower room shall have a floor
covering of water-resistant material and readily cleaned;
4.03.3. Every cellar and basement shall have a floor of concrete or other material
acceptable under the provisions of the Building Code, to ensure water drainage
and to guard against the entry of vermin.
4.04. STAIRS — HANDRAILS - GUARDS
4.04.1. Every inside or outside stair and every porch or landing appurtenant to it
shall be maintained so as to be free of holes, cracks and other defects which
constitute accident hazards;
4.04.2. All handrails and balustrades, stairways, fire escapes, balconies, landings
III and porches and similar appurtenances shall be maintained in good repair so as
to be free of holes and other defects which constitute accident hazards, shall be
properly anchored so as to be kept in a safe and secured condition, shall be
structurally sound for the loads imposed through their normal use and, if metal,
shall be protected from rust or similar decay by a periodic application of paint;
4.04.3. All handrails and balustrades, stairways, fire escapes, balconies, landings
and porches and similar appurtenances shall be maintained in good repair, shall
be properly anchored so as to be kept in a safe and secured condition, shall be
structurally capable of supporting the loads imposed through their normal use
and, if metal, shall be protected from rust or similar decay by a periodic
application of a protective coating such as paint.
4.05. ELEVATORS
4.05.1. Elevating devices in a building, including all parts, lighting fixtures, lamps,
elevator buttons, floor indicators and ventilation fans shall be maintained in good
repair and operational;
111) 4.05.2. All elevating devices including elevators, dumb-waiters, hoists, escalators,
incline lifts and other elevating devices shall be installed and maintained:
a) In good working order and good repair, and
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b) In a safe condition.
II4.06. MEANS OF EGRESS
4.06.1. Every building, structure or dwelling unit shall have a safe, continuous and
unobstructed passage from the interior to an exit or the outside of the building at
street or grade level;
4.06.2. Where a non-residential building contains dwelling units located at other
than grade level, there shall be a means of continuous and unobstructed egress
from such dwelling units;
4.07. HEATING
4.07.1. It is the responsibility of the owner that all heating and mechanical
systems, and their components be installed, operational and maintained in good
working order;
4.07.2. Only heating equipment approved for use by a recognized standards and
testing authority shall be provided in a room used or intended for use for sleeping
III purposes;
4.07.3. Solid fuel burning appliances shall conform to the standards as set out in
the Building Code. Fireplaces and similar construction used or capable of being
used for burning fuels in open fires shall be connected to approved chimneys and
shall be installed so as not to create a fire hazard to nearby or adjacent
combustible materials and structural members;
4.07.4. If heating equipment burns solid or liquid fuel, a storage place or
receptacle for the fuel shall be provided in a safe place and maintained in a safe
condition;
4.07.5. Fuel-burning equipment shall be vented to a flue by means of rigid
connections leading to a chimney or a vent or flue. All flues shall be kept clear of
obstructions;
4.07.6. Every chimney, smoke pipe and flue shall be maintained so as to prevent
gas from leaking into the building.
1111 4.08. AIR CONDITIONING
4.08.1. Air conditioners shall be equipped with adequate devices for the
prevention of condensation drainage onto entrance areas, sidewalks or pathways
and shall be maintained in a safe mechanical and electrical condition;
4.08.2. Cooling water from water-cooled equipment shall not be discharged on
driveways, walkways or other areas used for pedestrian or vehicular traffic, or in
such manner that it may cause damage to the walls, foundations or other parts of
a building;
4.08.3. The discharge of cooling water from all water-cooled equipment shall be
made to a proper drainage system and shall be connected in accordance with all
applicable governmental regulations.
4.09. ELECTRICAL
III4.09.1. The connection to the building and the system of circuits and outlets
distributing the electrical supply within the building shall provide adequate
capacity for the use of the building and such connections, circuits, wiring and
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outlets along with any fuses, circuit breakers and other appurtenances thereto
shall be installed and maintained in good working order;
• 4.09.2. Extension cords are not permitted to be used in a building on a permanent
basis as per the Ontario Electrical Safety Code.
4.10. VENTILATION
4.10.1. Ventilation shall be provided to and maintained and operated in all rooms
and spaces within a building so as to prevent accumulations of heat, dust, fumes,
gases, including carbon monoxide, vapours and other contaminants which may
create a fire, explosion, toxic hazard or health hazard;
4.10.2. Every ventilation system shall be cleaned regularly and maintained in
good working condition and good repair,
4.10.3. When an exterior opening is used or required for ventilation and is not
required to be protected by a door, window or similar closure, it shall be protected
with screens in accordance with this By-law;
111 4.10.4. An opening for natural ventilation may be omitted from a bathroom or toilet
room where a system of mechanical ventilation has been provided;
4.10.5. Every basement, cellar, unheated crawl space and attic shall be vented
and such vents shall be designed and maintained to prevent entry of snow, rain,
rodents and insects;
4.11. LIGHTING
4.11.1. Every stairway, exterior exit and entrance doorway, bathroom, toilet room,
kitchen, hall, cellar, basement, laundry, furnace room and non-habitable work
room in a suite, dwelling unit or building shall have a permanently installed lighting
fixture that shall be maintained in a safe condition and in good working order;
4.11.2. Lighting equipment shall be installed throughout every property to provide
adequate illumination for the use of each space so as to provide safe passage.
4.12. PLUMBING
III4.12.1. All plumbing, drain pipes, water pipes and plumbing fixtures in every
building and every connecting line to the sewage system shall be maintained in
good working order and free from leaks and defects and all water pipes and
appurtenances thereto shall be protected from freezing;
4.12.2. Plumbing systems on a property shall be provided, installed and
maintained:
a) In compliance with the respective requirements of any applicable Act or By-law;
b) In good working order and good repair, and
c) In a safe condition.
4.12.3. All plumbing fixtures shall be connected to the sewage system through
water seal traps.
4.13. SEWAGE SYSTEM
4.13.1. Every plumbing fixture in every building shall discharge the water, liquids
IIII or sewage into drainage piping, which shall be connected to a municipal sewage
system, or a system approved by the authority having jurisdiction and in
accordance with all applicable law;
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4.13.2. Sewage or organic waste shall not be discharged to the surface of the
ground, but into a sewage system where such system exists. Where a sewage
• system does not exist, sewage or organic waste shall be disposed of in a manner
according to the Ontario Building Code;
4.13.3. The land in the vicinity of a sewage system shall be maintained in a
condition that will not cause damage to, or impair the functioning of the sewage
system.
4.14. MOULD
4.14.1. Any accumulation of mould shall be immediately cleaned and/or removed
by the owner of a building;
4.14.2. No person shall occupy, or permit the occupancy of, a building, or portion
thereof, where an accumulation of mould exists which could pose a health
concern to any person who occupies the building, or portion thereof;
4.14.3. Any condition in a building, including but not limited to water penetration,
humidity or inadequate ventilation, which may relate to the creation and growth of
• mould, shall be repaired or removed by the owner of the building;
4.14.4. Notwithstanding any other provision of this By-law, section 4.14(1) and
4.14(2) shall not apply if, in the opinion of a Property Standards Officer, the
presence of mould is minor in nature and relates to general maintenance and/or
lifestyle.
4.15. INSULATION
4.15.1. The insulation requirements of the Ontario Building Code as amended
from time to time, shall be complied with where necessary and practical;
4.15.2. Every dwelling shall be provided with sufficient thermal insulation and
vapour barrier to prevent moisture condensing on the interior surfaces of walls,
ceilings and floors during the winter and to ensure comfortable conditions for the
occupants.
PART 5 ADDITIONAL REQUIREMENTS FOR RESIDENTIAL OCCUPANCY
• 5.01. OCCUPANCY STANDARDS
5.01.1. A non-habitable room shall not be used as a habitable room;
5.01.2. No kitchen shall be used as a bedroom;
5.01.3. The maximum number of persons residing in a dwelling unit shall not
exceed two persons per bedroom;
5.01.4. The minimum dimension of any habitable room shall be 2 metres (6.5
feet);
5.01.5. The minimum area of a bedroom in a dwelling unit used by only one
person shall be 7square metres (75.3 square feet);
5.01.6. The minimum area of a bedroom in a dwelling unit used as a bedroom by
two or more persons shall be 9.8 square metres (105.5 square feet);
• 5.01.7. Every habitable room shall have a ceiling height of at least 2.3 metres (7.5
feet) except the area of that part of the room where the ceiling height is less than
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1.5 metres (4.9 feet) shall not be considered as part of the area of the room for
the purpose of determining the maximum permissible occupancy thereof;
• 5.01.8. No basement or portion thereof shall be used as a dwelling unit, unless it
meets the requirements of this by-law and the following conditions are met:
a) Access to each habitable room shall be gained without passage through a
furnace room, boiler room or storage room;
c) Light, ventilation and ceiling height set out in this By-law and the Building Code;
5.02. TOILET AND BATHROOM FACILITIES
5.02.1. Every dwelling unit shall contain plumbing fixtures in good repair and in an
operative condition, consisting of a minimum of one toilet, one sink, and one
bathtub or shower;
5.02.2. All bathrooms and toilet rooms shall be located within and be accessible
from within the dwelling unit;
5.02.3. All bathrooms and toilet rooms shall be fully enclosed and maintained so
as to provide privacy for the occupant;
• 5.02.4. No toilet or urinal shall be located within a bedroom or a room that is used
for the preparation, cooking, storing or consumption of food.
5.03 FLOORS
5.03.1 Where a floor covering has become worn or torn so that it retains dirt or
may create an unsafe condition, the floor covering shall be repaired or replaced;
5.04. STAIRS HANDRAILS GUARDS
5.04.1. Handrails shall be installed and maintained in good repair on all exterior
stairs that have more than 3 risers and on all interior stairs within dwelling units
that have more than 2 risers;
5.05. HEATING
5.05.1. Every residential dwelling shall have heating equipment capable of
• maintaining a temperature of 22°Celsius (70 °Fahrenheit) at the outside design
temperature of—18 °Celsius;
5.05.2. No rental residential dwelling unit shall be equipped with portable heating
equipment as the primary source of heat;
5.06. ELECTRICAL
5.06.1. Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system. An adequate supply of
electrical power shall be available in all occupied parts of every dwelling, suite and
building;
5.07. WATER SUPPLY
5.7.1. Every dwelling and every building to which water is available under
adequate pressure through piping shall be provided with:
a) A supply of hot water not exceeding a temperature of 49 degrees Celsius,
• except for dishwashers and clothes washing, and maintained in all dwelling units;
b) Piping for hot and cold water connected to every kitchen fixture, every
washbasin, bathtub, shower, sink and laundry area; and
c) Piping for cold water connected to every toilet and hose bib.
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5.08 MEANS OF EGRESS
• 5.08.1. The passage required as egress from one dwelling unit shall not pass
through any other dwelling unit;
5.08.2. In every multi-residential dwelling where a security locking-and-release
system has been provided in the front or rear lobby for the entrance into the
multiple dwelling and that system is controlled from each dwelling unit, such
system shall be maintained in good repair and in an operating condition;
5.09 FIRE PROTECTION
5.09.1. Every dwelling shall be equipped with fire safety devices as required by
the Ontario Fire Code.
5.09.2 Smoke alarms shall be installed in
a) Hallways serving bedrooms and;
b) On each story of the dwelling
1111 PART 6 ADDITIONAL REQUIREMENTS FOR NON-RESIDENTIAL PROPERTY
STANDARDS
6.01. MEANS OF EGRESS
6.01.1. All means of egress within a non-residential property shall be:
a) Maintained free from all obstructions or impediments;
b) provided with clear, unobstructed and readily visible exit signs, for every
required exit;
c) Provided with lighting facilities capable of illuminating the means of egress to;
and
d) Ensure the safe passage of persons exiting the building.
6.01.2. Where a non-residential building contains dwelling units located at other
than grade level, there shall be a secondary means of continuous and
unobstructed egress from such dwelling units;
6.01.3. All means of egress within a non-residential property shall be maintained
• free from all obstructions or impediments:
a) Provided with clear, unobstructed and readily visible exit signs, for every
required exit; and
b) Provided with lighting facilities capable of illuminating the means of egress to
ensure the safe passage of persons exiting the building.
6.02. GUARDRAILS
6.02.1. A guard shall be installed and maintained in good repair on the open side
of any stairway or ramp containing three (3) or more risers including the landing or
a height of 600 mm (24 inches) between adjacent levels. A handrail shall be
installed and maintained in good repair in all stairwells. Guardrails shall be
installed and maintained in good repair around all landings, porches, balconies
but not at loading docks, at floor pits in repair garages or where access is
provided for maintenance purposes. Guardrails, balustrades and handrails shall
be constructed and maintained rigid in nature.
6.03. SEPARATIONS
• 6.03.1. Every dwelling unit shall be maintained and protected so as to prevent the
passage of noxious fumes and gases from a part of the building that is not used
for human habitation into other parts of the dwelling unit.
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6.04. VENTILATION
• 6.04.1. All non-residential properties shall be adequately ventilated by natural or
mechanical means and with regard to the operations carried on therein, to ensure
that persons within the property are not exposed to conditions deleterious to their
health or safety;
6.04.2. Ventilation shall be provided for every locker room, clothes drying room
and room in which plumbing fixtures are installed, either by means of natural
ventilation through openings directly to the outside air or by means of mechanical
ventilation, which ventilation will ensure a complete change of air within the rooms
at least once per hour;
6.04.3. Where a system of mechanical ventilation to exhaust noxious fumes,
gases, dust or sawdust from a building is installed, the discharge from the system
shall comply with all applicable regulations;
6.04.4. Mechanical ventilating equipment and the supports for each equipment
shall be maintained in good repair and in safe mechanical condition.
• 6.05. LIGHTING
6.05.1. All non-residential establishments shall install and maintain sufficient
windows, skylights, and lighting fixtures necessary for the safety of all persons
attending the premises.
6.06 GARBAGE DISPOSAL
6.06.1 Garbage storage areas in non-residential and multi-residential buildings
shall be screened from public view.
PART 7 VACANT- DAMAGED-DEMOLITION
7.01. VACANT LAND
7.01.1. Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
• 7.02. VACANT BUILDINGS
7.02.1. If any building is unoccupied, the owner or the agent shall protect every
such building against the risk of fire, accident, or other hazard and shall effectively
prevent the entrance thereto of all unauthorized persons;
7.02.2. If the normal locking of and other security measures for a building do not
prevent entry, the owner or their agent of a vacant building shall board up the
building to the satisfaction of the Property Standards Officer by covering all
openings through which entry may be obtained with at least 12.7 mm (0.5 inch)
weatherproof sheet plywood securely fastened to the building and painted a
colour compatible with the surrounding walls;
7.02.3. If a building remains vacant for a period of more than ninety (90) days, the
owner or agent thereof, shall ensure that all utilities serving the building are
properly disconnected and secure the building to prevent accidental or malicious
damage to the building or adjacent property. This provision shall not apply where
• such utilities are necessary for the safety or security of the building.
7.03. DAMAGE BY FIRE-STORM-OTHER CAUSES
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7.03.1. In the event of fire or explosion, damaged or partially burned material shall
be removed from the premises, except that such material may be temporarily
• stored within the barricaded damaged building or structure, provided that such
storage does not exceed ninety (90) days;
7.03.2. Fire damaged buildings, or portions thereof, shall be repaired to their
original condition or shall be demolished accordingly within 30 days or pending
the completion of other agency investigations.
7.04. DEMOLISH BUILDING
7.04.1. Where a building, accessory building, fence or other structure is
demolished, the property shall be cleared of all rubbish, waste, refuse, masonry,
lumber, wood, and other materials and left in a graded and levelled condition;
7.04.2. Where a building, accessory building, fence or other structure is being
demolished, every precaution shall be taken to protect the adjoining property and
members of the public. The precautions to be taken include the erection of fences,
barricades, covered walkways for pedestrians and any other means of protection
necessary for the protection of the adjoining property and members of the public.
• PART 8 ADMINISTRATION AND ENFORCEMENT
8.01. BY-LAW
8.01.1. This By-law shall apply to all property within the limits of the Corporation of
the Municipality of Kincardine.
8.02. MEASUREMENT
8.02.1. The imperial measurements contained in this By-law are given for
reference only.
8.03. ADMINISTRATION
8.03.1. Property Standards Officers as appointed by Council, are hereby assigned
the responsibility of administering and enforcing this By-law.
• 8.04. AUTHORIZED ASSISTANT
8.04.1. Any Grey/Bruce Health Inspector or Fire Prevention Officer of the
municipality is hereby authorized and directed to act as an assistant to the
Property Standards Officer from time to time.
8.05. INSPECTION
8.05.1. All officers shall possess all powers of inspection as prescribed in the Ontario
Building Code Act.
8.06. OBSTRUCTION
8.06.1. Where an authorized officer has reasonable grounds to believe that an
offence has been committed by a person, the authorized officer may require the
name, address and proof of identity of that person, and the person shall supply
the required information;
• 8.06.2. No person shall hinder or obstruct, or attempt to hinder or obstruct, an
Officer in the exercise of a power or the performance of a duty under the By-law.
8.07. ORDER TO REMEDY
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8.07.1. A Property Standards Officer who finds that a property does not conform
• to any of the standards prescribed in the By-law may make an Order:
a) Stating the municipal address or the legal description of such property;
b) Giving reasonable particulars of the repairs to be made or stating that the site is
to be cleared of all buildings, structures, debris or refuse and left in a graded and
levelled condition;
c) Indicating the time for complying with the terms and conditions of the Order and
giving notice that, if the repair or clearance is not carried out within that time, the
municipality may carry out the repair or clearance at the owner's expense; and
d) Indicating the final date for giving notice of appeal from the Order.
8.07.2. The Order shall be served on the owner of the property and such other
persons affected by it as the officer determines and a copy of the Order may be
posted on the property;
8.07.3. No person shall obstruct the visibility of an Order and no person shall
remove a copy of any Order posted under this By-law unless authorized to do so
by an Officer,
• 8.07.4. An Order required by this By-law to be served may be served personally
or by registered mail sent to the last known address of the person to whom notice
is to be given or to that person's agent for service;
8.07.5. If a Notice or Order is served by registered mail, the service shall be
deemed to have been made on the fifth day after the day of mailing;
8.07.6. An Order may be registered on the property in the Land Registry Office
and, upon such registration, any person acquiring any interest in the land
subsequent to the registration of the Order shall be deemed to have been served
with the Order on the day on which the Order was served under subsection 8.08.2
and, when the requirements of the Order have been satisfied, the Officer shall
forthwith register in the Land Registry Office a certificate that such requirements
have been satisfied, which shall operate as a discharge of the Order.
8.08. APPEAL
8.08.1. An owner or occupant who has been served with an Order made under
III subsection 8.07.1, and who is not satisfied with the terms or conditions of the
Order may appeal to the Property Standards Committee by sending a Notice of
Appeal by registered mail, to the Secretary of the Property Standards Committee
within 14 days after being served the Order;
8.08.2. If an appeal is taken, the Property Standards Committee shall hear the
appeal and shall have all the powers and functions of the officer who made the
Order, and may:
a) Confirm, modify or rescind the Order to demolish or repair, or
b) Extend the time for complying with the order if, in the Committee's opinion, the
general intent and purpose of the By-law is maintained.
8.09. POWER OF MUNICIPALITY TO REPAIR OR DEMOLISH
8.09.1. If an Order of a Property Standards Officer under subsection 8.08.1 is not
complied with in accordance with the Order as deemed confirmed or as confirmed
or modified by the Committee or a Judge, the Municipality of Kincardine may
cause the property to be repaired or demolished accordingly;
III8.09.2. For the purpose of subsection 8.07.1, employees or agents of the
Municipality of Kincardine may enter the property at any reasonable time without a
warrant in order to repair or demolish the property;
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8.09.3. The Municipality of Kincardine shall have a lien on the land for the amount
• spent on the repair or demolition and any fees outlined in the Municipal Rates and
Fees By-law such amount shall be deemed to be municipal real property taxes
and may be added to the collector's roll and collected in the same manner and
with the same priorities as municipal real property taxes.
8.10. EMERGENCY ORDER
8.10.1. All officers shall possess all powers to issue emergency orders and invoke
emergency powers pursuant to the Ontario Building Code Act.
8.10.2. A Committee to be known as the Property Standards Committee of the
Municipality of Kincardine is hereby continued and the Property Standards
Committee shall give Notice or direct that Notice be given to all interested parties.
8.11. CERTIFICATE OF COMPLIANCE
8.11.1. Every owner may request the Officer to provide a certificate of compliance
in writing to the Corporation;
• 8.12. PENALTY FOR NON-COMPLIANCE
8.12.1. An owner who fails to comply with an Order that is final and binding under
this By-law is guilty of an offence under Section 36(1) of the Building Code Act,
S.O. 1992, c.23, and is liable to a penalty or penalties as set out in Section 36 of
that Act.;
8.12.2. If a conviction is entered, in addition to any other remedy and to any
penalty imposed by this By-law, the court in which the conviction is entered, and
any court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted on the same
property.
8.13. CONFLICTS-BY-LAWS-STANDARDS-REGULATIONS
8.13.1. Where a provision of this By-law conflicts with the provisions of another
By-law, Act Regulation in force within the municipality, the provision, which
III establishes the higher standards to protect the health, safety and welfare of the
occupants and the general public, shall prevail.
8.14. VALIDITY
8.14.1. If a court of competent jurisdiction declares any provision, or any part of a
provision, of this By-law to be invalid, or to be of no force and effect, it is the
intention of the Council in enacting this By-law, that each and every other
provision of this By-law authorized By-law, be applied and enforced in accordance
with its terms to the extent possible according to law.
8.15. SEVERABILITY
8.15.1. It is hereby declared that each and every of the foregoing provisions of this
By-law is severable and that, if any provisions of this By-law should, for any
reason, be declared invalid by any Court, it is the intention and desire of this
Council that each and every of the then remaining provisions hereof shall remain
in full force and effect.
III8.16. TRANSITIONAL RULES
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8.16.1. After the date of the passing this By-law, By-law No. 2006-107, shall apply
only to those properties in which an Order to Comply has been issued prior to the
• date of passing of this By-law, and then only to such properties until such time as
the work required by such Order has been completed or any enforcement
proceedings with respect to such Order, including any demolition, clearance, or
repair carried out by the municipality shall have been concluded.
8.17. TITLE
8.17.1. That By-law No. 2006 — 107 be hereby repealed.
8.17.2. That this by-law shall come into full force and effect upon its final passage.
8.17.3. That this By-law shall remain in full force and effect until amended or
repealed by the Council of The Corporation of the Municipality of Kincardine.
8.17.4. That this by-law may be cited as the "Property Standards By-law".
READ a FIRST and SECOND TIME this 7th day of October, 2019.
• READ a THIRD TIME and FINALLY PASSED this 7th day of October, 2019.
1112-4.gruta
Mayor Clerk
•
•