Loading...
By-law No. 2002-010 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002 - 10 Being a By-law Prescribing Property Maintenance & Occupancy Standards WHEREAS Section 210 of the Municipal Act, R.S.O. 1990, c.M. 45, as amended, provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property, which includes all buildings and structures, and occupancy within the Municipality of Bayham and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings, structures, debris or refuse and left in graded and leveled condition; AND WHEREAS Section 220.1 of the Municipal Act, R.S.O. 1990, c.M 45, as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of Municipality of Bayham; AND 'WHEREAS Sections 1, 6, 12, 60 and 61 of the Provincial Offences Act, R.S.O. 1990, as amended,provides that local municipalities can create a fine set by the Court for an offence, and other penalty provisions; AND WHEREAS Section 15.1 of the Building Code Act, R.S.O. 1992, as amended, provides that the Council may pass a by-law with respect to prescribing standards for the maintenance and occupancy of property, and requiring property that does not conform with the standards to be repaired and maintained with the standards on the site to be cleared of all buildings, structures, debris or refuse and left in graded and leveled condition. AND WHEREAS the Official Plan for The Corporation of the Municipality of Bayham, pages on July 5, 2001, as amended from time to time, includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance and occupancy of property, in order to enhance the quality of the community and neighborhoods,to protect the safety, health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE,the Council of The Corporation of the Municipality of Bayham enacts as follows: 1. GENERAL: 1.1 Short Title: This by-law may be cited as the"Property Standards By-law". 1.2 Application: This By-law shall apply to all property within the geographical boundaries of the former Township of Bayham,the former Village of Port Burwell, and the former Village of Vienna, now constituting the Municipality of Bayham. 1.3 Interpretation: 1.3.1 The captions and headings in this By-law are inserted for convenience only and do not define, limit or enlarge the scope, meaning or intent of any provision. 1.3.2 In this By-law words used in the present tense include the future tense, words in the masculine gender include the feminine gender and neuter gender, and the singular number includes the plural and the plural the singular. 1.3.3 In this By-law the word"shall" is mandatory and not discretionary. 1 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 1.4 Standards: All standards herein are deemed to be the minimum standards for the promotion of the health, safety, comfort, convenience, and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 1.5 Non-Conformity: No property shall be used or occupied within the Municipality of Bayham except in conformity with the provisions of this By-law. 1.6 Repeal: By-law#2335 for the Township of Bayham, and By-law#94-22 for the Village of Port Burwell, and By-law#829 for the Village of Vienna are hereby repealed. 1.7 Application of Other Legislation: Nothing in this By-law shall relieve any person from any obligation to comply with the requirements of any other By-law or legislation or with the requirements to obtain any licence, permit, certificate, authority, approval, consent or variance otherwise required. 1.8 Validity: Should any section, clause or provision of this By-law be held by a Court of competent jurisdiction to be invalid, the validity of the remainder of the By-law shall not be affected. 1.9 Conflicting By-laws: Where any provision of this By-law conflicts with any provision of any other By- law of the Corporation,the provisions(s)that establishes the higher standard of protection for the health, safety and welfare of the public shall prevail. 1.10 Conflict with the Building Code Act: This By-law shall be subject to the provisions of the Building Code Act, and where any provision of this By-law conflicts with or is inconsistent with the provisions of the Building Code Act,the provisions of the Act shall apply. 1.11 Responsibility of the Owner: The owner of every property shall: (a) comply with all of the standards prescribed in this By-law; (b) not permit any person to use or occupy any property owned by him/her unless such property conforms to the standards prescribed in this By-law; (c) comply with all lawful Orders of the Property Standards Officer,within such time and in such manner as specified therein. 1.12 Changes in Statues: Where any Act or portion of any Act is referred to in this By-law, such reference shall be interpreted as referring to any subsequently renumbered sections of the Act, and/or changes to the date of the Act, and/or amendments or revisions to the Act or re-enactments of the Act. 1.13 Effective Date: This By-law shall come into full force and effect as of the date of passing hereof. 2. DEFINITIONS: In this by-law, 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot, and which is not used or intended for use as human habitation. 2.2 "Approved"means (a) approved and accepted by the Chief Building Official of the Corporation of the Municipality of Bayham with respect to matters under the Building Code; (b) approved and accepted by the Chief Fire Official of the Corporation of the Municipality of Bayham with respect to matter under the Fire Code; 2 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham (c) approved and accepted by the Property Standards Officer with respect to the standards set out in this By-law. 2.3 "Basement"means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade. 2.4 "Bathroom" means a room containing at least a toilet and bathtub or shower, or two rooms, which contain in total at least one toilet and one bathtub or one shower. 2.5 "Bedroom"means a habitable room used for sleeping purposes. 2.6 "Building" means any structure, whether temporary or permanent, designed, used or intended for sheltering any use of occupancy but shall not include a boundary wall, fence, travel trailer, camping trailer,truck camper, motor home or tent. 2.7 "Building Code" shall mean any and all regulations passed under the Building Code Act, 1992, S.O. 1992, c.23 and amendments thereto. 2.8 "Built-Up Area" shall mean the Village of Port Burwell, the Village of Vienna,the Hamlet of Straffordville,the Hamlet of Richmond, the Hamlet of Eden, the Hamlet of Corinth, and that portion of the Hamlet of Calton which lies within the Municipality, as defined in the Official Plan for The Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 2.9 "Cellar" means that space of a building that is partly or entirely below grade, which as more than half of its height,measured from floor to ceiling below the average exterior finished grade. 2.10 "Chief Building Official" means the Chief Building Official appointed in accordance with the provisions of the Building Code Act, and having jurisdiction for the enforcement thereof, or a designated representative. 2.11 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.12 "Commercial Solid Waste or Grease Container"means a waste or grease disposal container placed on property within the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof 2.13 "Committee"means a Property Standards Committee established under Paragraph 5.20, of this By-law. 2.14 "Composting" shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.15 "Composting Container" shall mean the holding unit used to store yard, garden and household wastes for the purpose of composting. 2.16 "Corporation" shall mean The Corporation of the Municipality of Bayham. 2.17 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.18 "Dwelling" means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.19 "Dwelling Unit" means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 2.20 "Electrical Safety Code"means any and all regulations passed under the Power Corporation Act, R.S.O. 1990, c.P.18, and amendments thereto. 2.21 "Fire Code" means any and all regulations passed under the Fire Marshals Act, and amendments thereto. 2.22 "Fire Resistance Rating"means time in hours thereof that a material construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived there from. 2.23 "First Storey" or"First Floor" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 feet) above grade. 3 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 2.24 "Guard"means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway, and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through it. 2.25 "Habitable Room"means any room in a dwelling unit used or capable of being used for living, sleeping, cooking or eating purposes. 2.26 "Hard Surfaced"means a stable, dust free surface constructed of concrete, paving stone, natural or artificial stone, asphalt or crushed stone treated with emulsified asphalt or other appropriate material. 2.27 "Inspectors"means Property Standards Officer, or any person designated to assist the Property Standards Officer in the administration and enforcement of this By-law. 2.28 "Landscaped Open Space"means the area of a lot which is used for the growth and maintenance of grass, flowers, shrubbery and other landscaping materials, both natural and artificial and includes any surfaced walk, patio or similar area, but does not include any access driveway or ramp, parking lot, deck or any open space beneath or within any building or structure. 2.29 "Last Known Address"means the address, which appears on the most recent assessment roll of The Corporation of the Municipality of Bayham. 2.30 "Lot"means a parcel of land, described in a registered deed or other document legally capable of conveying land, or shown as a lot or block on a registered plan of subdivision, including any of its parts which are subject to right-of-way or easement,but does not include a lot or a block deemed not to be a registered plan of subdivision under a by-law duly passed pursuant to the Planning Act, R.S.O. 1990, c.P. 13, as amended. 2.31 "Means of Egress"means a continuous,unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any pint within a building, a floor area, a room, or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building. 2.32 "Medical Officer of Health"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.33 "Mobile Home"means a building designed and constructed in accordance with the specifications of the Canadian Standards Association(CAN/CSA —Z240)to be transported either on its own wheels or on detachable wheels and which is suitable for occupancy as a dwelling unit except for minor assembly operations and connection to utilities. 2.34 "Multiple Dwellings"means a building containing three (3) or more dwelling units. 2.35 "Municipality"means the geographical area of "The Corporation of the Municipality of Bayham". 2.36 "Non-Habitable Room"means any room in a dwelling or dwelling unit other than a habitable room, and includes bathroom,toilet room, laundry, pantry, lobby, communicating corridor, stairway, closet, cellar, boiler room or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel between storeys. 2.37 "Non-Residential Property"means any property or use of property designated, intended or used for any purpose other than those of a dwelling. 2.38 "Nuisance" shall mean any use or condition, which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.39 "Occupant"means any person or persons over the age of eighteen years in possession of the property. 2.40 "Offence" as found within s.1(1) of the Provincial Offences Act, R.S.O. 1990, means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.41 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 4 Property Maintenance/Occupancy Standards By-Law Municipality of Bay ham 2.42 "Official Plan"means the Official Plan for The Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 2.43 "Outside Storage" means in relation to non-residential properties,the storage of goods in the open air and in unenclosed portions of buildings, which are open to the air on the sides. 2.44 "Owner"means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham, and "Owner" shall also include 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 or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let, and shall 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 a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 2.45 "Person"means any person, corporation, or director of a corporation. 2.46 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows, such as storm drainage,roof water, surface and ground waters are not to be intentionally admitted. 2.47 "Property" means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory buildings, fences and erections thereon,whether heretofore or hereafter erected, and includes vacant property. 2.48 "Repair" includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws, codes and regulations. 2.49 "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, and further includes vacant land_ 2.50 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse, constructed of materials which has an equivalent durability to No. 28 gauge metal and having a height not exceeding 100 cm, a diameter not exceeding 50 cm, a weight including contents, not exceeding 35 kg, a water tight lid and two handles. 2.51 "Rubbish" means any waste material, debris, refuse, litter or articles of trash. 2.52 "Safe Temperature"means a temperature on any inflammable surface, adjacent to a source of heat,which surface is too hot for comfort when touched by the hand when any such source of heat has been producing heat continuously for a minimum of two hours. 2.53 "Set Fine" means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division) for an offence for the purpose of proceedings commenced under Part I or Part II. 2.54 "Sewage"means any liquid waste containing animal, vegetable or mineral matter in suspension or solution, but does not include roof water or other storm runoff. 2.55 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved under the Environmental Protection Act, R.S.O. 1990, c.E.19, and regulations there under. 2.56 "Standards"means the standards of the physical condition and of the occupancy prescribed for property by this By-law. All standards herein are deemed to be the minimum standards for the promotion of the health, safely, comfort, convenience, and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 5 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 2.57 "Structure"means anything constructed or erected, the use of which requires location on or in the ground, or attached to something having location on the ground, and, without limited the generality of the foregoing, includes walls, fences, signs, and billboards. 2.58 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty (30) days. 2.59 "Toilet Room"means a room containing a water closet and wash basin. 2.60 "Vessel"means any form of marine transportation for humans, commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines, steam, electric, muscular or natural power. 2.61 "Waste Material"means any article thing, matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not, or appears to be used up in whole or in part, or expanded or worn out in whole, or in part. Without restricting the generality of the definition set forth above, "Waste Material"may specifically include: (a) garbage,refuse,debris,litter,grass clippings,tree and garden cuttings,brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardboard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as stoves,refrigerators and other such appliances, furniture,furnace parts,pipes,water or fuel tanks,wooden or metal signs or palettes; (e) a motor vehicle or other vehicle which is not operative, a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories, mechanical equipment,mechanical parts,unmounted tires,tires mounted on rims, accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (f) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel, vessel parts and accessories,mechanical equipment,mechanical parts,accessories or adjuncts to the vessel and mechanical equipment; (g) broken concrete(other than for shore protection), asphalt pavement,patio/sidewalk slabs, surplus building materials whether new or used; (h) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j) all waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k) any liquid containing chemicals or solids either dissolved or in suspension. 2.62 "Zoning By-law" means, in relation to the former Township of Bayham, By-law#2387, as amended; in relation to the former Village of Port Burwell, By-law#91-03, as amended; and in relation to the former Village of Vienna,By-law#90-12, as amended. 3. RESIDENTIAL STANDARDS: GENERAL CONDITIONS: 3.1 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. 3.2 The yards of residential property shall be maintained to the standards as described in the Yard Maintenance By-law#2002-9. 3.3 Every tenant, or occupant or lessee of a residential property and/or building shall maintain the property or part thereof,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. 6 Property Maintenance/Occupancy Standards By-Law Municipality ofBayham 3.4 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. 3.5 Accumulation or storage of garbage,refuse, appliances,or furniture in public hallways or stairways shall not be permitted. 3.6 The number of occupants,residing on a permanent basis in an individual dwelling unit, shall not exceed one person for every nine (9) 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 as habitable. 3.7 No room shall be used for sleeping purposes unless it has a minimum width of two (2)meters and a floor area of at least seven (7) square meters. A room used for sleeping purposes by two (2) or more persons shall have a floor area of at least four(4) square meters per person. 3.8 Any basement, or portion thereof, used as a dwelling unit shall conform to the following requirements: (a) each habitable room shall comply with all the requirements set out in this By-law; (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room, or storage room. PEST PREVENTION 3.9 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, R.S.0. 1990, c.P. 11, as amended. 3.10 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. STRUCTURAL SOUNDNESS 3.11 Every part of a dwelling shall be maintained in a structurally sound conditions 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. 3.12 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly secured objects or materials. FOUNDATIONS 3.13 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. 3.14 Every dwelling, except for slab on grade construction, shall be supported by foundation walls or piers, which extend below the frost line, or to solid rock. 7 Propert) Maintenance/Occupanc}Standards By-Law Municipality of Bayliam EXTERIOR WALLS 3.15 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. Pain 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. 3.16 Exterior walls of a dwelling and their components shall be free of inappropriate signs, painted slogans, graffiti and similar defacements. WINDOWS AND DOORS 3.17 Windows, doors, skylights, and basement or cellar hatchways shall be maintained in good repair, weather tight and reasonably 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 re-glazing where necessary. Where screening is provided on windows and doors it shall also be maintained in good repair. 3.18 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. 3.19 Solid core doors shall be provided for all entrances to dwellings and dwelling units. 3.20 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 dwelling units and a secured entrance area,the said system shall be maintained in good working order at all times. 3.21 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 3.22 Roofs of dwellings and their components shall be maintained in a weather tight condition, free from loose or unsecured objects or materials. 3.23 Accumulations of ice or snow or both shall be promptly removed from the roofs of dwellings and accessory buildings. 3.24 Where eavestroughing, roof gutters, are provided it shall be kept in good repair, free from obstructions and properly secured to the building. WALLS, CEILINGS AND FLOORS 3.25 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. 8 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 3.26 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. 3.27 Every floor in a bathroom,toilet room,kitchen, shower room, laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned. STAIRS,PORCHES AND BALCONIES 3.28 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 war or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. GUARDRAIL AND BALUSTRADES 3.29 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"). 3.30 A handrail shall be installed and maintained in good repair in all stairwells. 3.31 Guardrails shall be installed and maintained in good repair around all landings, porches, and balconies. 3.32 Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. 3.33 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 meters(8 cubic feet); (c) a counter or work area at least 0.61 m(2 feet)in width by 1.22 m(4 feet) in length, exclusive of the sink,and covered with a material that is imperious to moisture 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 3.34 Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet,wash basin,and 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. 3.35 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. 3.36 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 3.37 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 9 Property Maintenance/Occupancy Standards By-Law Municipality ofBayham 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 43 degrees Celsius (110 degrees F). 3.38 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 3.39 All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures hall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances there to shall be protected from freezing. 3.40 All plumbing fixtures shall be connected to the sewerage system through water seal traps. 3.41 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 impede thorough cleansing. ELECTRICAL SERVICE 3.42 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 3.43 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, R.S.O. 1990, c.P.18, as amended. 3.44 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square meter(120 square feet) of floor space and for each additional 9.3 square meters (100 square feet) of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis. 3.45 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. 3.46 Lighting fixtures and appliances installed throughout a dwelling unit, including stairways, corridors, passage ways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use. HEATING,HEATING SYSTEMS, CHIMNEYS AND VENTS 3.47 Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees 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. 3.48 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. 3.49 Where a heating system or part thereof that requires solid or liquid fuel to operate a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard. 10 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 3.50 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling, which 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. 3.51 All fuel burning appliances, equipment, and accessories, in a dwelling shall be properly vented o the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 3.52 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. 3.53 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. FIRE ESCAPES,ALARMS AND DETECTORS 3.54 Smoke alarms conforming to the Canadian Standards Association or Underwriters Laboratories of Canada(CAN/ULC-S531) "Standard for Smoke Alarms" shall be installed in each dwelling and dwelling unit and in each sleeping room not within a dwelling unit. 3.55 Where a solid fuel-fired combustion appliance is installed, a carbon monoxide detector shall be installed in conformance with the following: (a) A carbon monoxide detector conforming with the Canadian Standards Association (CAN/CGA-6.19)"Residential Carbon Monoxide Detectors"or Underwriters Laboratories of Canada(UL 2034)"Single and Multiple Station Carbon Monoxide Detectors"shall be installed on or near the ceiling in each room in which there is installed a solid fuel-burning appliance. (b) The carbon monoxide detector shall be permanently connected to an electrical circuit and shall have no disconnect switch between the over current device and the carbon monoxide detector. (c) The carbon monoxide detector shall be wired so that its activation will activate the smoke alarm system or be equipped with an alarm that is audible within bedrooms when the intervening doors are closed. 3.56 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 are provided for more than ten(10)persons except that such systems need not be provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms. 3.57 In addition to the provisions of paragraph 3.52 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: (a) be equipped with visual or audio indication that they are in operating condition; (b) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12 inches) below the ceiling. 3.58 Buildings using a fire escape as a secondary means of egress shall have the escape in good condition, free from obstructions and easily reached through an openable window or door. 11 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham EGRESS 3.59 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. 3.60 Each dwelling containing more than one dwelling unit shall have at least two exits, both of which maybe 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 a sill height of not more that 0.914 metres, (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 is not through a room not under the immediate control of the occupants of the dwelling unit. NATURAL LIGHT 3.61 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 (10%)percent of the floor area for living and dining rooms and five (5%) percent of the floor area for bedrooms and other finished rooms. VENTILATION 3.62 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 0.28 square meters (3 square feet), or an approved system of mechanical ventilation such that provide hourly air exchanges. 3.63 All system of mechanical ventilation shall be maintained in good working order. 3.64 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated. ELEVATING DEVICES 3.65 Elevators and other elevating devices including all mechanical electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained in good condition. 12 Property Maintenance/Occupancy Standards By-Law Municipality of Bayhani 4. NON-RESIDENTIAL PROPERTY STANDARDS: GENERAL CONDITIONS: 4.1 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. 4.2 The yards of non-residential property shall be maintained to the standards as described in the Yard Maintenance By-law#2002-9. 4.3 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 conform with the municipal zoning by-laws. 4.4 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 suitably enclosed by a solid wall or a painted board or metal fence not less than 1.8 meters (6 feet) in height and maintained in good repair. PARKING AREAS AND DRIVEWAYS 4.5 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. 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. 4.6 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 4.7 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. 4.8 Walls, roofs and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials. EXTERIOR WALLS 4.9 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. 4.10 Exterior walls of a building or a structure and their components, shall be free of inappropriate signs,painted slogans, graffiti and similar defacements. 13 Property hlaintenance/Occupancy Standards By-Law Municipality of Bayham GUARDRAILS AND BALUSTRADES 4.11 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 inches). 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, mezzanines and similar areas. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature. LIGHTING 4.12 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 and 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. 5. ADMINISTRATION AND ENFORCEMENT: 5.1 This By-law shall apply to all property within the limits of the municipality. 5.2 The imperial measurements contained in this By-law are given for reference only. 5.3 The Council of the Municipality shall appoint a Property Standards Officer(s) responsible for the administration and enforcement of this By-law. 5.4 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 5.5 The Property Standards Officer may, from time to time, designate other persons to act as his assistant in the administration and enforcement of this By-law. 5.6 This By-law shall be enforced by the Property Standards Officer, upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or rate payer of the Municipality of Bayham directly affected by the alleged violation. 5.7 An Officer or any person acting under his/her instructions may at reasonable times and on producing proper identification, enter and inspect any property. 5.8 An Officer or any person acting under his/her instructions shall not enter any room or place actually used as a dwelling without he consent of the occupier except under the authority of a Search Warrant issued under Section 158 of the Provincial Offences Act, as amended from time to time. RESPONSIBILITY OF OCCUPANT AND OWNER 5.9 The occupant of the property shall, in respect of that part of any property which he or she occupies and controls, comply with all of the standards prescribed in this By-law. 5.10 The owner of every property shall: i) comply with all of the standards prescribed in this By-law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; iii) comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 14 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham NOTICE OF NON-COMPLIANCE 5.11 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 pre-paid registered mail or by personal service to the owner(s)of the property as shown by the Municipal Tax Assessment Rolls and/or 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. 5.12 If the Officer is unable to effect service under Paragraph 5.11, he/she shall place a placard containing the terms of the Notice of Non-Compliance in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Notice on the owner or other persons. 5.13 The Notice shall state: (a) that the property does not comply with the standards prescribed by this 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 re- inspection to ascertain compliance; (c) that, if after the specified re-inspection date,the property still does not comply to the prescribed Standards,an Order will be issued by the Officer under Paragraph 5.14 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 5.14 If, after affording any person served with a Notice of Non-Compliance provided for in Paragraph 5.11, an opportunity to appear before the Property Standards Officer and to make representations in connection therewith,the Officer shall serve or cause to be served by pre-paid 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 Sheriffs Office, an Order containing: (a) the municipal address or legal description of such property; (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; (c) the period in which there must be a compliance with the terms and conditions of the Order; (d) notice that, if such repair or clearance is not completed within the time specified in the Order,the Municipality may carry out the repairs at the expense of the owner;and (e) the final date for giving Notice of Appeal from the Order. 5.15 If the Officer is unable to effect service under Paragraphs 5.14, he/she shall place a placard containing the terms of the Order in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Order on the owner or other persons. 5.16 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 5.17 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. REGISTRATION & DISCHARGE OF ORDER 5.18 An Order made under Paragraph 5.14 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 15 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 5.19 When the requirements of the Order have been satisfied, the Clerk of the Municipality may, or on the request of the owner and upon receipt of the fees set out in Appendix "A", shall register in the proper Land Registry Office a Certificate of Compliance that such requirements have been satisfied, which Certificate of Compliance shall operate as a discharge of the Order. PROPERTY STANDARDS COMMITTEE 5.20 There shall be and is hereby established a Property Standards Committee consisting of no fewer than three (3) members, who shall be rate payers in the Municipality,appointed by By-law to hold office respectively so that as nearly as possible, one third of such members shall retire each year. 5.21 When the owner or occupant upon whom an Order has been served in accordance with Paragraph 5.14 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(14) days after service of the Order. In the event that no appeal is taken the Order shall be deemed to have been confirmed. 5.22 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. APPEAL TO A JUDGE 5.23 The Municipality in which the property is situated,the Property Standards Officer, or any owner or occupant or person affected by a decision rendered by the Property Standards Committee may appeal to a Judge of the Superior Court of Justice by so notifying the Clerk of the Corporation in writing and by applying for an appointment within fourteen(14)days after the sending of a copy of the Decision/Order of the Property Standards Committee. 5.24 The Judge shall, in writing, appoint a day, time and place for the hearing of the appeal and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes. 5.25 The appointment shall be served in the manner prescribed by the Judge. 5.26 The Judge on such appeal has the same powers and functions as the Property Standards Committee. PENALTY 5.27 No owner or occupant of 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 purpose with its servants and agent from time to time to enter in and upon the property;and (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($2,000.00)for the first offence and not more than Ten Thousand Dollars($10,000.00)for any subsequent offence,and if a corporation is convicted,the maximum penalty shall be not more than 16 Property Maintenance/Occupancy Standards By4.aw- Municipality of Bayham Ten Thousand Dollars($10,000.00)for the first offence and Fifty Thousand Dollars ($50,000.00)for any subsequent offence; (d) have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 5.28 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, as amended and any successor legislation thereto. 5.29 Every person who fails to comply with an Order made under this By-law, as confirmed or modified, is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. CERTIFICATE OF COMPLIANCE 5.30 Following the inspection of a property and the service of a Notice of Non-Compliance,the Property Standards Officer may, or at the request of the owner, shall issue to the owner a Certificate of Compliance, if in the Officer's opinion, the property is in compliance with this By-law. 5.31 A fee as set out in Appendix "A", shall be payable to the Municipality prior to the issuance of a Certificate of Compliance,where it is issued at the request of or on behalf of the owner. VALIDITY 5.32 If an article of this By-law is for any reason held to be invalid, the remaining articles shall remain in effect until repealed. 5.33 Where a provision of this By-law conflicts with the provision of another By-law in force within the Municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 5.34 It is hereby declared that each and every of the foregoing provisions of the By- law is servable 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 remaining provisions hereof shall remain in full force and effect. READ a first, and second time this 21st day of February 2002. Mayor Clerk READ a third time and finally passed this 2 IAA. day of February 2002. • A � /././44-.0 Mayor Clerk 17 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law APPENDIX "A" FEE SCHEDULE For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance& Occupancy Standards 1. Certificate of Compliance: For the issuance of a Certificate of Compliance $125.00 18 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SCHEDULE Part 1 Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance& Occupancy Standards ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Owner-Fail to comply with Property Section 5.16 $355.00 Standards Order. 2 Occupant- Fail to comply with Property Section 5.17 $355.00 Standards Order. Note: The penalty provision for the offences indicated above is Section 5.29 of By-Law#2002-10,a certified copy of which By-law has been filed. 19 04:11Cft3+ snk itE.5f13f1Kl-5110it!;, .I. ,r• 1 *;.;0P, 5-: Cdr! tii.t 1•.i i . •s !t;A,, I._j: `:,:a'. 1415;4s30. Y C Il7T itt*Sz 3 Yy F`:DUR t1 13 "ielottgatLd.,rittiPolot r j.10 DONOAS 5111M r.rrp ;r LUNL J Cr r ,� m•>t fiti:fiPtE.'R? Cud-�S Iti P!JAY OF afT.Mil June 24, 2003 . 2 - 3 t"'t- e` CI Clark ICAi ;Aii az,Tror d CB0 , I El Road Snr,rintcndent j IP • LI)ewer Ms. Carol Judd, Assistant By-law Enforcement Officer ii ' . ; ;,, Municipality of Bayham .., ,.....,..�.�.,.z..,.....�...,. PO Box 160, 9344 Plank Road Straffordville,Ontario NOJ 1Y0 Dear Ms. Judd: Re: Set Fines-Provincial Offences Act-Part T By-law Number 2002-10,Municipality of Bayham Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the above referenced By-Law,the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St. Thomas, together with a certified copy of the By-law. Yours truly, Alexander M.Graham Regional Senior Justice West Region Enclosures /ec ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2002-10 of The Municipality of Bayham, attached hereto is the set r.y fine including costs,for those offences. This Order is to take effect June 24,2003. Dated at London this 24th day of June, 2003. Alexander M. Graham Regional Senior Justice West Region ' Property Maintenance/Occupancy Standards By-Law Municipality of 8ayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SCHEDULE Part 1 Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance& Occupancy Standards r - ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Owner- Fail to comply with Property Section 5.16 $355.00 Standards Order. 2 Occupant- Fail to comply with Property Section 5.17 $355.00 Standards Order. Note: The penalty provision for the offences indicated above is Section 5,29 of By-Law#2002-10, _i certified copy of which By-law has been filed. • 19 6(