2019-07 Property Standards By-law

THE CORPORATION OF TOWNSHIP OF SOUTHWOLD

BY-LAW NO. 2019-07

Being a by-law for prescribing standards for the maintenance and occupancy of property within the Township of Southwold

No amendments to date

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS Section 11 (3) of the Municipal Act, S.O. 2001 c.25, states that a lower-tier municipality may pass by-laws respecting matters within the following spheres of jurisdiction: structures, including fences and signs;

AND WHEREAS Section 390 of the Municipal Act, S.O. 2001 c.25 authorizes a municipality to impose fees or charges on persons for services of activities provided or done by or on behalf of the Township of Southwold and for costs payable by the Township of Southwold for services or activities provided or done by or on behalf of any other municipality or any local board;

AND WHEREAS, under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23, 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;

AND WHEREAS the Official Plan for the Township of Southwold includes provisions relating to property conditions and authorizes the adoption of a Property Standards By-Law in order to ensure the proper repair and maintenance of buildings in the Township;

AND WHEREAS the Council of the Township of Southwold is desirous of passing a by-law under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23;

AND WHEREAS Section 15.6(1) of the Building Code Act, S.O. 1992, c.23 requires that a by-law passed under Section 15.1(3) of the Building Code Act, S.O. 1992, c.23 shall provide for the establishment of a Property Standards Committee;

NOW THEREFORE the Council of the Township of Southwold hereby enacts the following:

 

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Part I

General

1.01 This By-Law may be cited as the “Property Standards By-Law.”

1.02 In this By-law, the word “shall” is mandatory and not discretionary, words in the plural include the single number and words in the present tense include the future tense.

1.03 The provisions of this By-law shall apply to all properties within the boundaries of the Corporation of the Township of Southwold.

1.04 No property within the Township of Southwold shall be used and no building or structure shall be erected, altered, enlarged, maintained or used for any purpose except in conformity with the provisions of this By-law.

1.05 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.

1.06 This By-law shall come into full force and effect as of the date of passing hereof.

 

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Part II
DEFINITIONS

In this By-law:

2.01 “Accessory Building” when used to describe a use, a building or structure, means a use, a building or a structure that is customarily incidental, subordinate and exclusively devoted to a main use, building or structure and located on the same lot therewith, and shall not include a residential use unless specifically stated otherwise.

2.02 “Apartment Building” means a building containing more than four dwelling units with individual access from an internal corridor system.

2.03 “Approved” means acceptance by the Property Standards Officer or designate.

2.04 “Basement” means that portion of a building between two floor levels which is partly below finished grade level but which has fifty percent or more of its height from finished floor to finished ceiling above adjacent grade level in which the height from adjacent finished grade level to the ceiling is less than 1.8 meters.

2.05 “Bathroom” means a room containing a bathtub or shower with or without a water closet and basin.

2.06 "Boarder" means a person who is provided with meals, or room and meals, regularly in a boarding, lodging or rooming house in return for compensation.

2.07 “Boarding House” means any house or building or portion thereof in which the proprietor supplies for hire or gain, lodgings with or without meals, for three (3) or more persons.

2.08 "Building" means any structure used or intended to be used for supporting or sheltering any use or occupancy.

2.09 “Cellar” means that portion of a building between two floor levels which has fifty (50) percent of its height form finished floor to finished ceiling below adjacent grade level.

2.10 "Clerk" means the person duly appointed as Clerk for The Corporation of the Township of Southwold.

2.11 “Committee” means the Property Standards Committee herein established pursuant to the authority of Section 15.6 of the Ontario Building Code Act.

2.12 "Corporation" means the Corporation of the Township of Southwold.
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2.13 “Crawl Space” means an enclosed space between the underside of the floor assembly and the ground cover directly below, with a clearance less than 1.8m (5’11”) in height.

2.14 “Commercial Property” means a property used for the sale of goods or services and for the purposes of this By-law shall include office buildings, public halls. Licensed premises and private clubs, and any building that is used in conjunction with these uses.

2.15 “Dwelling” means a building or structure or part of a building or structure, occupied or capable of being occupied, in part for human habitation.

2.16 “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.

2.17 "Fence" means any structure, wall or barrier, other than a building, erected at grade for 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.

2.18 “Finished Grade Level” means the average elevation of the finished surface of the ground abutting the external walls of a building or structure exclusive of any embankment in lieu of steps.

2.19 “Fire-Resistance Rating” means time in hours or parts 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 interpolation of information derived therefrom.

2.20 “First Story” means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8m (5’11”) above grade.

2.21 “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 them.

2.22 “Habitable Room” means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

2.23 “Industrial Property” means a property for the manufacturing or processing of goods or used for the storage of goods or raw materials and any property that is used in conjunction with these uses.

2.24 “Lot” means a parcel or tract of land in one ownership which is capable of being legally conveyed in accordance with the Planning Act, R.S.O. 1990, c.P.13 as amended from time to time, or is described in accordance with a Registered Plan of Condominium.

2.25 “Lot Line Front” means the lot line that abuts the street but,
(a) in the case of an interior lot, the lot line dividing the lot from the street;

(b) in the case of a corner lot, the shorter lot line abutting the street unless each abutting lot line is of equal length in which case the front lot line shall be the lot line where the principle access to the main building is provided; and

(c) in the case of a through lot, the front lot line shall be the lot line where the principle access to the main building is provided

2.26 “Lot Line Rear” means the lot line farthest from or opposite to the front lot line, provided that, in the case of a triangular lot, the rear lot line shall be deemed to be the apex of the side lot lines.

2.27 “Lot Line Side” means a lot line which is neither a front lot line nor a rear lot line.

2.28 “Main” when used to describe a use, a building or a structure, means a use or structure which constitutes, or a building in which is conducted, a principal use or the lot on which such use, building or structure is located.

2.29 “Means of Egress” means a continuous, unobstructed path of travel provided by a doorway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, room, or a contained open space to public thoroughfare or an approved area of refuge usually located outside the building.

2.30 “Multiple Dwelling” means a building containing three (3) or more dwelling units.

2.31 “Motor Vehicle” means any form of transportation for humans, designed to be propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways or other motor vehicles running upon rails.

2.32 “Non-Habitable Room” means any room in a dwelling or dwelling unit other than a habitable room and incudes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dwelling for public use, and for access to and vertical travel between stories, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law.

2.33 “Non-Residential Property” means a building or structure or part of a building or structure not occupied in whole or in part for human habitation, and includes the lands and premises appurtenant and all the outbuildings, fences or erections thereon or therein.

2.34 “Occupant” means any person or persons over the age of eighteen (18) years in possession of a property.

2.35 “Owner” includes the person 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 so receive the rent if such land and premises were let and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair or maintain the property in
accordance with the standards for the maintenance and occupancy of property, and includes the assessed owner and, for the purposes of this By-law, all persons shown by the records in the Registry Office or the Land Titles Office, to have an interest in said property.

2.36 "Person" means an individual, firm, corporation, association or partnership.

2.37 “Portable Storage Container” means any on-site container described as a steel portable container, dry van container, warehouse storage unit, semi-tractor cargo container, cargo trailer or any other similarly described unit used for storage.

2.38 "Property Standards Officer" means any Property Standards Officer or Assistant Property Standards Officer who may, from time to time, be appointed by the Council of the Corporation of the Township of Southwold to administer and enforce this By-law.

2.39 "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, outbuildings, fences, retaining walls and erections thereon whether heretofore or hereafter erected and includes vacant property.

2.40 "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 standard established in this By-law. All new construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire Prevention and Protection Act where applicable.

2.41 "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.

2.42 "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.

2.43 "Sewage System"
(a) “Sanitary Sewer” means a sewer, the purpose of which is to carry sewage and to which storm and surface water shall not be admitted.

(b) “Storm Sewer” means a sewer, the purpose of which, as certified by the Township Engineer, is to carry storm and surface water and drainage, but not sewage.

(c) “Sewage” means any one or any combination of sanitary sewage or industrial wastes or both.

(d) “Private Disposal System” means a system designed for the collection and disposal of sanitary sewage on private property and approved by the Chief Building Official.

(e) “Plumbing System” means, severally and individually, the water distribution system, all fixtures and fixture traps, drainage system, the building sewer and private sewage disposal system, all leaders, together with all their devices, appurtenances and connections.

2.44 "Standards" means the standards of the physical condition and of occupancy prescribed for property by this By-Law.

2.45 "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.

2.46 “Street” means a common and public street, road, lane or highway vested in the Corporation, the County, the Province of Ontario, or any other public road authority having jurisdiction over the same and shall include any bridge or structure forming part of a street or over or across which a street passes, and shall include not only the traveled portion of the street, but also ditches, driveways, sidewalks, and grassed areas forming the boulevard of the road allowance which is vested in the road authority for street purposes; and
(a) “Arterial Road“ means provincial Highway No’s 3 and 4, and County Road No’s 3,4,14,16,18,20, and 45;

(b) “County Road” means a street vested in and under the Jurisdiction of the County of Elgin;

(c) “Provincial Highway” means a street under the jurisdiction of the Province of Ontario;

(d) “Township Road” means a street that is vested in and under the jurisdiction of the Corporation of the Township of Southwold.

2.47 "Toilet Room" means a room containing a water closet and a wash basin.

2.48 "Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle or other mechanical power-driven equipment.

2.49 "Waste" means any debris, rubbish, refuse, sewage, effluent, discard, or garbage of a type arising from a residence, belonging to or associated with a house or use of a house or residential property and/or from industrial or commercial operations, or belonging to or associated with industry or commerce or industrial or commercial property, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things, and materials or things exposed to the elements, deteriorating or decaying on a property due to exposure or weather.

2.50 "Walk" means a route of access surfaced with gravel, stone, wood, asphalt, cement or other similar material approved by the Property Standards Officer.

2.51 "Wall, Main (Main Wall)" means an outside wall of a building which supports a roof and shall include a wall under a gable end.

2.52 "Yard" means the land other than publicly owned land around or appurtenant to the whole or any part of a residential or non-residential property and used or capable of being used in connection with the property.

 

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PART III

GENERAL STANDARDS FOR ALL PROPERTY

3.01 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code, Ontario Fire Code and the Fire Prevention and Protection Act where applicable.

YARDS

3.02.1 Every yard, including vacant lots shall be kept clean and free from:

(a) rubbish, garbage, debris, and from objects or conditions that might create a health, fire or accident hazard;

(b) dilapidated, collapsed or partially constructed structures which are not currently under construction;

(c) injurious insects, termites, rodents, vermin or other pests;

(d) dead, decayed or damaged trees in an unsafe condition or other natural growth;

(e) dead, decayed or decaying carrion, fowl or fish etc.

3.02.2 No yard shall be used for the parking or storage of;

(a) a motor vehicle which is not operative, or which is not currently licensed pursuant to the provisions of the Highway Traffic Act or amendments thereto for the Province of Ontario, or

(b) a motor vehicle which has had part, or all its superstructure or source of motor power removed

(c) any vehicle, boat, trailer or part of any vehicle, boat or trailer, which is in a wrecked, discarded, dismantled, partly dismantled, or abandoned condition shall not be stored or left in a yard, but this shall not prevent the occupant of any premises from repairing a vehicle for his or her own use and not for commercial purposes while such repair is actively carried on.

SEWAGE AND DRAINAGE

3.03 Sewage or organic waste and gray water shall be discharged into a sewage system where such a system exists, where a sewage system does not exist, sewage or organic waste shall be disposed of in a manner acceptable to the Ontario Building Code.

3.04 Sewage of any kind shall not be discharged onto the surface of the ground.

3.05 Roof drainage shall not be discharged onto sidewalks, stairs, or adjacent property whether into a natural or artificial surface drainage system or otherwise.

PARKING AREAS, WALKS AND DRIVEWAYS

3.06 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.

3.07 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions day or night.

ACCESSORY BUILDINGS, FENCES, AND OTHER STRUCTURES

3.08 Accessory buildings, fences and other structures appurtenant to the property shall be maintained in structurally sound condition and in good repair.

3.09 Storage sheds and other accessory buildings and structures shall be securely anchored to the ground and kept free of rodents, vermin, and injurious insects.

3.10a Storage containers intended for temporary use in residentially zoned areas may be permitted for up to thirty (30) consecutive days for the purpose of storing items being moved from and to a dwelling. The storage container may not be placed on any public street for that purpose.

3.10b Storage containers intended for permanent use must comply with the accessory structure provision of the Township of Southwold Zoning By-law as amended

GARBAGE DISPOSAL

3.11 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made available for removal in accordance with the municipal garbage collection schedule.

3.12 Garbage storage areas shall be screened from public view.

COMPOST HEAPS

3.13 The occupant of a residential property may provide for a compost heap in
accordance with health regulations, provided that the compost pile is no larger than one square meter and 1.8 M (5’ 11”) in height and is enclosed on all sides by concrete block, or lumber, or in a 205-liter (45 gallon) container, a metal frame building with a concrete floor, or a commercial plastic enclosed container designed for composting.

 

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PART IV

RESIDENTIAL STANDARDS

GENERAL CONDITIONS

4.01 Every tenant, or occupant or lessee of a residential property shall maintain the property or part thereof and the land in 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.

4.02 Every tenant, or occupant or lessee of a residential property shall maintain every floor, wall, ceiling and fixture, under their control, including hallways, entrances, laundry rooms, utility rooms, and other common areas, in a clean, sanitary and safe condition.

4.03 Accumulations or storage of garbage, refuse, appliances, or furniture in a means of egress shall not be permitted.

PEST PREVENTION

4.04 Dwellings shall be kept free of rodents, vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act.

4.05 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed.

STRUCTURAL SOUNDNESS

4.06 Every part of a dwelling shall be maintained in a structurally sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a level of safety as required by the Ontario Building Code.

4.07 Walls, roofs, and other exterior parts of a building shall be free from loose or improperly secured objects or materials.

FOUNDATIONS

4.08 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Maintenance includes grouting masonry cracks, damp proofing and waterproofing walls, joints, and floors.

4.09 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.

EXTERIOR WALLS

4.10 Exterior walls of a dwelling and their components, including soffits, fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, and other defective cladding, or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

WINDOWS AND DOORS

4.11 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.

4.12 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. All entrance doors to a dwelling unit/habitable space shall have dead bolts so as to permit locking or securing from either inside or outside the dwelling unit.

4.13 Solid core doors shall be provided for all entrances to dwellings and dwelling units.

4.14 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling an 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.

4.15 Every window in a leased dwelling unit that is located above the first story 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 (4”) diameter 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

4.16 Roofs of dwellings and their components shall be maintained in a weather tight condition, free from loose or unsecured objects or materials.

4.17 The roofs of dwellings and accessory buildings shall be kept clear of unsafe accumulations of ice or snow or both.

4.18 Where eavestroughing, roof gutters, are provided they shall be kept in good repair, free from obstructions and properly secured to the building.

WALLS, CEILINGS AND FLOORS

4.19 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects.

4.20 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken, or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects.

4.21 Every floor in a bathroom, toilet room, kitchen, shower room, and laundry room shall be maintained so as to be impervious to water and readily cleaned.

STAIRS, PORCHES AND BALCONIES

4.22 Interior and exterior stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks, and other defects which may constitute accident hazards. Existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced.

GUARDRAILS

4.23 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") 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. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.

KITCHENS

4.26 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 600 mm (24”) in width by 1,200 mm (48”) in length, exclusive of the sink, and covered with a material that is impervious 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

4.27 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.

4.28 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.

4.29 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

4.30 Each wash-basin, a bathtub or shower, and one kitchen sink shall be equipped with an adequate supply of hot and cold running water.

4.31 Every dwelling unit shall be provided with an adequate supply of potable running water.

4.32 All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing.

4.33 All plumbing fixtures shall be connected to the sewage system through water seal traps.

4.34 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 defects that may harbor germs or impede thorough cleansing.

ELECTRICAL SERVICE

4.35 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system.

4.36 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by the Power Corporations Act, as amended.

4.37 Extension cords shall not be used on a permanent basis.

4.38 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.

4.39 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, 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

4.40 Every dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70⁰ 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 unit to the required standard.

4.41 All fuel burning appliances, equipment, and accessories in a dwelling shall be installed and maintained to the standards provided by the applicable legislation.

4.42 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.

4.43 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.

4.44 All fuel burning appliances, equipment, and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method.

4.45 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.

4.46 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

4.47 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 (4) dwelling units or individual leased sleeping rooms.

4.48 In addition to the provisions of Article 4.47 hereof, in every dwelling unit in a building, a listed smoke alarm, 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 shall be:
(a) equipped with visual or audio indication that they are in operating condition

(b) mounted on the ceiling or on a wall between 152.4 and 304.8 mm (6 to 12”) below the ceiling.

4.49 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 operable window or door.

EGRESS

4.50 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.

4.51 Each dwelling containing more than one dwelling unit shall have at least two (2) exits, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level, except access from a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 1,067mm by 559 mm, (42” x 22”) with a sill height of not more that 914mm, (36”), 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

4.52 Every habitable room except a kitchen, bathroom or toilet room shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms.

VENTILATION

4.53 Every habitable room in a dwelling unit, including kitchens, bathroom or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square meters (3 sq. ft.), or an approved system of mechanical ventilation

4.54 All systems of mechanical ventilation shall be maintained in good working order.

4.55 All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated such that provide hourly air exchanges.

ELEVATING DEVICES

4.56 Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be operational and maintained in good condition.

DISCONNECTED UTILITIES

4.57 Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee, except for such reasonable period of time as may be necessary for the purpose of repairing, replacing, or otherwise altering said service or utility.

OCCUPANCY STANDARDS

4.58 No room shall be used for sleeping purposes unless it has a minimum width of 2 meters (6.6 ft.), and a floor area of at least 7 square meters (75 sq. ft.). A room used for sleeping purposes by two or more persons shall have a floor area of at least 4 square meters (43 sq. ft.) per person.

4.59 Any basement, or portion thereof, used as a dwelling unit shall conform to the following requirements:

(a) each habitable room shall comply with all the requirements set out in this By-law;

(b) 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 service rooms 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 service room.

 

 

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PART V

VACANT LANDS AND BUILDINGS

5.01 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable.

VACANT LANDS

5.02 Vacant land shall be maintained to the standards as described in Part III, Article 3.02, of this By-Law.

5.03 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent ponding of water.

VACANT BUILDINGS

5.04 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and where a building remains vacant for a period of 90 days, shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

5.05 The owner or agent of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood securely fastened to the building and painted a color compatible with the surrounding walls.

 

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PART VI

NON-RESIDENTIAL PROPERTY STANDARDS

6.01 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable.

YARDS

6.02 The yards of non-residential property shall be maintained to the standards as described in Part III, Article 3.02 of this By-Law.

6.03 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unconstructive 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 ft.) in height and maintained in good repair. In accordance with 6.03, storage of materials shall include, but not be limited to, dead or decaying animals which must be stored in a suitable receptacle approved by the By-law Enforcement Officer until such material can be disposed of in a sanitary fashion. Such practices shall be limited to agricultural zones only.

PARKING AREAS AND DRIVEWAYS

6.04 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair, free of dirt and 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 gravel, asphalt, or similar hard surface.

6.05 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions.

STRUCTURAL SOUNDNESS

6.06 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use, having a 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.

6.07 Walls, roofs, and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials.

EXTERIOR WALLS

6.08 Exterior walls of a building or a structure and their components, including soffits, fascia, windows 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.

6.09 Exterior walls of a building or a structure and their components, shall be free of unauthorized signs, painted slogans, graffiti and similar defacements.

GUARDRAILS

6.10 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") 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. Guardrails, balustrades and handrails shall be constructed and maintained rigid in nature.

LIGHTING

6.11 All non-residential establishments shall install and maintain sufficient windows, skylights and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health 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 neighboring properties.

 

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PART VII
ADMINISTRATION AND ENFORCEMENT

GENERAL

7.01 This By-law shall apply to all property within the limits of the Township of Southwold.

MEASUREMENT

7.02 The imperial measurements contained in this By-law are given for reference only.

ENFORCEMENT

7.03 This by-law shall be enforced by the Chief Building Official or designate.

7.04 A Property Standards Officer is herby authorized to give immediate effect to any order this is confirmed or modified as final and binding under section 15.3(7) of the Building Code Act, 1992, S.O. 1992, c23, as amended, so as to provide for:
(a) repair of the property; or

(b) clearing of all buildings, structures or debris from the site and the leaving of the site in a graded and levelled condition, where the cost of doing the work does not exceed, $50,000.00.

7.05 Where the cost of doing the work exceeds, $50,000.00 the Chief Building Official shall seek the authorization form Council to carry out the requirements of the order.

7.06 Upon completion of the work, the Township shall have a lien on the land for the amount spent on repair or demolition, plus and amount equivalent to 25% of the amount spent as a reasonable approximation of the Townships administrative costs of the repair or demolition. The total amount shall be deemed to be municipal real property taxes an may be added by the clerk of the Township to the collector’s roll and collected in the same manner and with the same priorities as municipal real property taxes.

7.07 Certificate of Compliance- Following the inspection of, property, the Property Standards Officer may, or upon the request of the owner, issue to the owner a certificate of compliance if, in the Property Standards Officer’s opinion, the property is in compliance with the standards set out in this by-law. The fee payable for a certificate of compliance issued at the request of the owner shall be as set out in Schedule 'A' ‘to this by-law.

7.08 All repairs and maintenance of property shall be carried out with suitable and sufficient materials in a manner acceptable to the Property Standards Officer, and in a good a workmanlike manner for the trades concerned.

PROPERTY STANDARDS COMMITTEE

7.09 A Property Standards Committee shall be established which shall be composed of three (3) persons appointed from time to time by the council, each of who shall be resident ratepayers of the Township of Southwold.

Each member of the Committee shall hold office for a term of three (3) years,
provided that the first appointments shall be for one, two and three years
respectively so that the one member’s term shall expire annually.

When a vacancy occurs in the membership of the Committee, the council shall forthwith fill the vacancy.

The members of the Committee shall elect one of themselves as chairman, and when the chairman is absent, the Committee may appoint another member as acting chairman. Any member of the Committee may administer oaths.

The members of the Committee shall be paid such compensation as the council may provide, which shall be recorded by resolution of the council.

Secretarial services for the committee shall be provided through the offices of the Township Clerk.

The secretary shall keep on file minutes and records of all applications and the decisions thereon and of all other official business of the Committee, and sections 253 and 254 of the Municipal Act, 2001 applies with necessary modifications to such documents.

A majority of the Committee constitutes a quorum and the Committee may adopt its own rules of procedure but before hearing an appeal shall give notice or direct that notice be given of such hearing to such persons as the committee considers should receive such notice.

PROPERTY STANDARDS OFFICER- DUTIES

7.10.1 It shall be the duty of every Property Standards Officer to administer and enforce the provisions of this by-law and in the performance of such duty, he/she shall have all the powers and responsibilities set forth in the Ontario Building Code Act and the Regulations made pursuant to the said Act.

7.10.2 Orders - An officer who finds that a property does not conform to any of the standards prescribed in this 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 leveled 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.

7.10.3 Service and Posting of Order - 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.

7.10.4 Registration of Order - The order may be registered in the proper 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 section 7.04(5) and, when the requirements of the order have been satisfied, the clerk of the Township shall forthwith register in the proper land registry office a certificate that such requirements have been satisfied, which shall operate as a discharge of the order.

RECOVERY OF COSTS RELATIVE TO ORDER

7.11 Where an owner or Occupant fails to comply with an Order issued under this by-law within the time stipulated in the Order the Township costs of such further inspections of the Property, and such reports and further notification or registrations as the Officer may deem appropriate shall be payable to the Township by the Property owner including disbursements and the set fees for Officer's services as per Schedule 'A.

APPEAL TO PROPERTY STANDARDS COMMITTEE

7.12 When the owner or occupant upon whom an order has been served is not satisfied with the terms or conditions of the order, he/she may appeal to the Property Standards Committee by sending notice of appeal, stating the owner's reasons for the appeal, by registered mail to the secretary of the committee within fourteen days after service of the order. The appeal form is hereby attached as Schedule “C.” In the event that no appeal is taken, the order shall be deemed to have been confirmed. The Secretary of the Committee shall, upon receipt of the notice of appeal, fix an appointment for hearing thereof and within seven days of receipt of the notice of appeal give notice in writing of the appointment for hearing at least fourteen days prior to the date fixed therefore to the appellant and to the Officer who issued the order. An owner who appeals an Order shall pay to the Clerk of the Corporation the fee for the appeal as set out in Schedule 'A' at the time the appeal is filed.

 

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PART IX
OFFENCES

FINES

8.01 Any person who fails to comply with an order under the Building Code Act is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000.00 for a first offence and to a fine of not more than $100,000.00 for a subsequent offence. If a corporation is convicted of an offence, the maximum penalty that may be imposed upon the corporation is $100,000.00 for a first offence and $200,000.00, for a subsequent offence.

 

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PART X
EFFECTIVE DATE

EFFECTIVE DATE

9.01 This By-law comes into force on the date of passing.

 

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PART XI
SCHEDULES

SCHEDULES

10.01 The attached Schedule "A", “B” and “C” form part of this By-law.

READ A FIRST AND SECOND TIME, CONSIDERED READ A THIRD TIME AND FINALLY PASSED THIS 30th DAY OF JANUARY, 2019.

 

_________________________

Mayor Grant Jones

 

_________________________

CAO/Clerk Lisa Higgs

 

 

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SCHEDULE 'A' - FEES - TO BY-LAW NO. 2019-07

Fee Schedule for Issuance of Certificate of Compliance

Category Cost: -
Residential $ 100.00 per unit.
Commercial $ 100.00 per unit.
Industrial/Institutional $25.00 per 92.9 sq. meters (1000 sq.) of building area - $200 minimum.
Vacant and/or Derelict Property $ 100.00 ea.

Fee for Appeals:
Appeals to Order issued under 15.3(1) of the Building Code Act –
Property Standards Committee $ 150.00
Superior Court Judge $ 300.00

Officer Fees:
Chief Building Official $ 55.00/hr.
Property Standards Officer $ 55.00/hr.

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SCHEDULE 'B'- PROPERTY STANDARDS ORDER - TO BY-LAW NO. 2019-07

PROPERTY STANDARDS ORDER

Building Code Act, 1992, S.O. 1992, c.23, s.15.2(2)
Property Standards By-Law No. 2019-07

Name and Address of
Property

Date

This letter is with respect to your property located at ADDRESS

The property described above was inspected by a Property Standards Officer of The Corporation of the Township of Southwold (the "Township") on DATE. The inspection by the Township revealed that the property is not in conformity with the standards for the maintenance and occupancy of property within the Township, as prescribed by the Township's Property Standards By-Law No. 2019-07, as set out in Appendix "A" which is attached and forms part of this order.

It is hereby ordered that the actions required, as set out in Appendix "A", shall be carried out on or before DATE. If not, the Township may carry out the actions required, at the owner's expense, and collect the expenses in the same manner as municipal taxes.

This Order may be appealed to the Property Standards Committee by sending a Notice of Appeal by registered mail to the Secretary of the Committee at 35663 Fingal Line, Ontario, N0L 1K0, within 14 days after being served with this Order dated DATE or it shall be deemed to be confirmed.

 

______________________________________

Chief Building Official

SERVED BY REGISTERED MAIL ON: DATE

 

 

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APPENDIX "A" TO PROPERTY STANDARDS ORDER

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD
MUNICIPAL LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW NO. 2019-07

Item No.	Section of By-Law	Property Standards Violation(s)	Action Required

 

 

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 SCHEDULE “C”

Property Standards Appeal Form

c/o Secretary, Property Standards Committee
35663 Fingal Line,
Fingal, Ontario
N0l 1K0

APPEAL NOTICE

RE: _____________________________________________

I hereby appeal the Order issued by the Municipal Law Enforcement Officer of the Township of Southwold with regard to the above noted property.

REASONS FOR APPEAL

 

______________________________                                  ______________________________   

Signature of Owner/Agent                                      Phone

 

______________________________                                   ______________________________    

 Address of Owner/Agent                                        Date