HomeMy WebLinkAbout2007-070
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
By-law 2007-070
Being a by-law for prescribing standards for the maintenance
and occupancy of all property within the Municipality of Clarington
and repealing By-law 98-123
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
desirable to enact a by-law for prescribing standards for the maintenance and occupancy
of all property within the municipality and prohibiting the use of such property that does not
conform to these standards; and for requiring property below the standards prescribed
herein to be repaired and maintained and all contravening material to be removed from the
property including but not limited to all buildings and structures, rubbish, debris and the
lands left in a graded and level condition, so as to comply with said standards;
AND WHEREAS the Municipality of Clarington has in effect an "Official Plan" that includes
provisions relating to property standards as provided in the Building Code Act, SO. 1992,
c.23;
NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts
the following:
PART 1
DEFINITIONS
In this by-law:
1.01 "Accessory Building" means a detached building or structure, not used for
human habitation that is subordinate to the lawful primary use of the main building
or structure on the said property.
1.02 "Actively" when used in relation to restoration or repair shall mean a continuous
series of repairs or improvements occurring over a 12 month period;
1.03 "Antique motor vehicle" means a motor vehicle that is 30 years of age or older,
is owned as a collector's item, registered with a bonafide organization and is
operated solely for use in exhibitions, club activities, parades and other similar
functions and is not used for general transportation;
1.04 "Apartment Building" means a building containing more than four dwelling units
with individual access from an internal corridor system.
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1.05 "Approved," means acceptance by the Property Standards Officer.
1.06 "Balustrade," means a railing supported by a series of short posts forming an
ornamental parapet to a balcony or terrace.
1.07 "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.
1.08 "Building" means a building as defined in the Building Code Act S.O. 1992 or a
structure, whether temporary or permanent, used for or intended for supporting or
sheltering any use or occupancy and shall include a tent or carport.
1.09 "Cellar" means that space of a building that is partly or entirely below grade,
which has more than half of its height, measured from floor to ceiling, below the
average exterior finished grade.
1.10 "Committee" means the Property Standards Committee.
1.11 Derelict" shall mean any vehicle, machinery, trailer, boat or vessel
(1) which has broken or missing parts of such sufficiency so as to render it
incapable of being licenced to operate (where such licencing is necessary)
in its current condition but shall not include a motor vehicle actively being
repaired or restored by the owner; or
(2) which is in a wrecked, dismantled, discarded, inoperative or abandoned
condition.
1.12 "Derelict motor vehicle" means a motor vehicle as defined in the Highway Traffic
Act that is;
(1) inoperative by reason of removed wheels, battery, motor, transmission or
other parts or equipment necessary for its operation,
(2) not in roadworthy condition;
(3) in a state of disrepair or unsightly by reason of missing doors, glass or body
parts, or
(4) inoperable and appears incapable of use as a means of lawful
transportation or has an industry standard book value as a means of
transportation that is less than the cost of repairs required to put it into a
lawful operable condition unless otherwise demonstrated by an authorized
licenced mechanic;
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but does not include an antique or historic motor vehicle which is actively being
restored as a collector's or historic vehicle;
1.13 "Designated Heritage Building" shall mean a building or part of a building which
has been designated as a property of significant cultural heritage value by
municipal by-law pursuant to the Ontario Heritage Act R.S.O. 1990, c. 0.18 as
amended or a building or part of a building situated within a Heritage Conservation
District as established pursuant to the Ontario Heritage Act R.S.O. 1990, c. 0.18.
1.14 "Dwelling" means a building or structure or part of a building or structure,
occupied or capable of being occupied, in whole or in part, for the purpose of
human habitation.
1.15 "Dwelling Unit" means a room or a suite of rooms operated as a housekeeping
unit, used or intended to be used as a domicile by one or more persons and
supporting general living conditions usually including cooking, eating, sleeping,
and sanitary facilities.
1.16 "First Storey" means that part of a building having a floor area closest to grade
with a ceiling height of more than 1.8 metres (6 feet) above grade.
1.17 "Guard" means a protective barrier installed around openings in floor areas or on
the open sides of a stairway, landing, balcony, mezzanine, gallery, raised
walkway, and other locations as required to prevent accidental falls from one level
to another. Such barriers mayor may not have openings through it.
1.18 "Habitable Room" means any room in a dwelling unit that is designed, used or
intended to be used for living, cooking, sleeping or eating purposes.
1.19 "Historic vehicle" means, a motor vehicle that is,
(1) at least 30 years old; and
(2) substantially unchanged or unmodified from the original manufacturer's
product; and
(3) appropriately insured for storage or use on the highway. Proof of such
insurance shall be made available to the officer upon request.
1.20 "Means of Egress" means a continuous, unobstructed path of travel provided by
a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp, or
other exit facility used for the escape of persons from any point within a building, a
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floor area, a room, or a contained open space to a public thoroughfare or an
approved area of refuge usually located outside the building.
1.21 "Multiple Dwelling" means a building containing three or more dwelling units.
1.22 "Municipal Clerk" shall mean the Clerk of the Corporation of the Municipality of
Clarington.
1.23 "Non-Habitable Room" means any room in a dwelling or dwelling unit other than
a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby,
foyer, corridor, stairway, closet, boiler, furnace or electrical room, or other space
for service and maintenance of the dwelling for public use, and for access to and
vertical travel between storeys, and basement or part thereof which does not
comply with the standards of fitness for occupancy set out in this By-law.
1.24 "Non-Residential Property" means a building or structure or part of a building or
structure not occupied in whole or in part for the purpose of human habitation, and
includes the lands and premises appurtenant and all of the outbuildings, fences or
erections thereon or therein.
1.25 "Occupant" means any person or persons over the age of eighteen years in
possession of the property.
1.26 "Officer" means a Municipal Law Enforcement Officer assigned the responsibility
for enforcing and administering this By-law as a Property Standards Officer.
1.27 "Order Requiring Compliance" shall mean a Property Standards Order issued
pursuant to the provisions of Section 15.2 of the Ontario Building Code Act S.O.
1992.
1.28 "Order" shall mean either an Order Requiring Compliance or an Order issued
pursuant to section 15.8 of the Ontario Building Code Act S.O. 1992..
1.29 "Owner" means any person(s), for the time being, managing or receiving the rent
of, or paying the municipal taxes on the land or premises, in connection with which
the word is used, whether on his/her own account or as agent, trustee, or any
other person who would so receive the rent if such land and premises were let,
and shall also include a lessee, tenant or occupant of the property who under the
terms of the lease or other rental agreement is required to repair and maintain the
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property in accordance with the Standards of Maintenance and Occupancy of the
property and may include all other persons having a legal interest in the property.
1.30 "Person" means a natural person, an individual, a firm, a corporation, an
association or partnership and their heirs, executors, administrators or other legal
representative of a person to whom the context can apply according to the law.
1.31 "Property" means a building or structure or part of a building or structure and
includes the lands and premises appurtenant thereto and all mobile structures,
outbuildings, fences and erections thereon, and includes vacant property.
1.32 "Repair" includes the making of additions or alterations or the taking of such
action as in restoring, renovating, mending as may be required so that the property
shall conform to standards established in this By-law.
1.33 "Residential Property" means any property that is used or designed for use as a
domestic establishment in which one or more persons usually sleep and prepare
and serve meals, and includes any lands or buildings that are appurtenant to such
establishment and all stairways, walkways, driveways, parking spaces, and fences
associated with the dwelling or its yard.
1.34 "Roadworthy" when used in reference to a motor vehicle, means a motor vehicle
that is licensed or is eligible to be licensed by virtue of a current valid Safety
Standards Certificate having been issued for that vehicle.
1.35 "Sewage" means the liquid wastes from residential or other buildings, including
industrial establishments.
1.36 "Sewage System" means the municipal sanitary sewer system or a private
sewage disposal system approved by the Medical Officer of Health but shall not
include a system designed or intended strictly to handle ground water.
1.37 "Standards" means the standards of the physical condition and of occupancy
prescribed for property by this By-law.
1.38 "Toilet Room" means a room containing a water closet and a wash basin.
1.39 "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle, boat, motorized snow vehicle, and any vehicle drawn,
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propelled or driven by any kind of power, including muscular power.
1.40 "Yard" means the privately 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.
1.41 "Zoning By-law" shall mean the current applicable Zoning By-law of the
Municipality of Clarington.
PART 2
GENERAL STANDARDS FOR ALL PROPERTY
2.01 All repairs and maintenance as required by this By-law 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 or other such Codes or requirements where applicable.
YARDS
2 .02 All yards and vacant lots shall he kept clean and free from:
(1) rubbish or debris;
(2) objects or conditions that might create a health, fire, or accident hazard;
(3) all derelict machinery, vehicles, trailers, boats or vessels and any
component parts thereof unless it is necessary for the operation of a
business enterprise lawfully situated on the property;
(4) all derelict motor vehicles whether exposed to view or covered over by
means of a tarpaulin or other cover;
(5) long grass, brush, undergrowth and overgrown trees, which may cause a
hazard;
(6) dilapidated, collapsed or partially constructed structures;
(7) any unprotected well, pit, trench or other similar unsafe condition;
(8) injurious insects, termites, rodents, vermin or other pests;
(9) dead, decayed or damaged trees or other natural growth;
(10) limbs and branches of trees which have, in whole or in part, become
removed or broken off as a result of wind, lightning, snow or other natural
act; and
(11) any unsightly condition out of character with the surrounding environment.
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2.03 The warehousing or storage of material or operative equipment that is required for
the continuing operation of the lawfully permitted industrial or commercial aspect
of any property shall:
(1) be maintained in a neat and orderly fashion so as not to create a fire or
accident hazard or any unsightly condition; and
(2) provide unobstructed access for emergency vehicles.
2.04 Where conditions as set out in section 2.03 above 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 metres
(6 feet) in height and not greater than 2.6 metres (8.5 feet) and maintained in good
repair. This provision shall not apply to areas covered by a Site Plan Agreement.
2.05 On residentially zoned lands no machinery or parts thereof, or other objects, or
materials, not associated with the normal occupancy and use of the property,
including among other things, appliances and furniture not intended for outdoor
use, fixtures, paper, cartons, boxes, barrels, buckets, plastic tarpaulin, or building
materials such as lumber, masonry material or glass, other than that intended for
immediate use on the property, shall be stored or allowed to remain in an exterior
yard.
SURFACE CONDITIONS
2.06 Surface conditions of yards shall be maintained so as to:
(I) prevent ponding of storm water;
(2) prevent instability or erosion of soil;
(3) prevent surface water run-off from entering basements of buildings on the
property or onto or into that of any neighbouring property;
(4) not exhibit an unsightly appearance;
(5) be kept free of garbage and refuse;
(6) be kept free of deep ruts and holes;
(7) provide for safe passage under normal use and weather conditions, day
or night.
2.07 Vacant land shall be graded, filled or otherwise drained so as to prevent recurrent
ponding.
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SEWAGE AND DRAINAGE
2.08 Sewage shall be discharged into the sewage system.
2.09 Sewage other than ground water, or storm water, shall not be discharged onto the
surface of the ground, whether into a natural or artificial surface drainage system.
2.10 Roof or sump drainage shall not be discharged onto sidewalks, stairs, or directly
onto adjacent property.
2.11 Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm (2
inches) away from any shared lot line. All water drainage shall be directed away
from the lot line.
2.12 All elements of the sewage system, including but not limited to, weeping tiles,
septic beds and septic tanks shall be maintained in proper working order and
drained, cleaned out or replaced as required.
PARKING AREAS, WALKS AND DRIVEWAYS
2.13 All areas used for vehicular traffic and parking shall have a surface covering of
asphalt, concrete, or compacted stone or gravel and shall be kept in good repair
free of dirt and litter.
2.14 Notwithstanding the foregoing, for 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.
2.15 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.
2.16 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.
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ACCESSORY BUilDINGS, FENCES, AND OTHER STRUCTURES
2.17 Accessory buildings and other structures appurtenant to the property shall be
maintained in structurally sound condition and in good repair.
2.18 Fences shall be maintained in structurally sound condition and in good repair and
shall comply with the restrictions and conditions of the Clarington Fence By-law.
2.19 Accessory buildings, fences, and other structures shall be protected from
deterioration by the application of appropriate weather resistant materials including
paint or other suitable preservative and shall be of uniform colour unless the
aesthetic characteristics of said structure are enhanced by the lack of such
material.
GARBAGE DISPOSAL
2.20 Every building, dwelling, and dwelling unit shall be provided with a sufficient
number of suitable receptacles to contain all garbage, refuse and ashes that may
accumulate on the property. Such receptacles shall be constructed of watertight
material, provided with a tight fitting cover, and shall be maintained in a clean and
odour free condition at all times.
2.21 All garbage, refuse, and ashes shall be promptly placed in a suitable container and
made available for removal in accordance with the Region of Durham's waste
management regulations.
2.22 Where facilities are provided for the storage of garbage, refuse and recyclable
materials, all such material shall be stored therein.
2.23 Garbage storage areas shall be screened from public view and capable of being
secured to prevent unauthorized entrance. This section shall not apply to single or
semi-detached residential properties.
2.24 Garbage items shall be stored in such a manner as to discourage the harborage of
rodents, insects, vermin and other pests.
COMPOST
2.25 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
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than 2.3 square metres (25 square feet) and 1.2 metres (4 feet) in height and is
enclosed on all sides by concrete block, or lumber, or in a 170 litre (45 gallon)
container, or a commercial plastic enclosed container designed for composting
PART 3
BUILDING STANDARDS
GENERAL CONDITIONS
3.01 Every tenant, occupant or lessee of a residential property shall maintain the
property or part thereof and the land which they occupy or control, in a clean,
sanitary and safe condition and shall dispose of garbage and debris on a regular
basis, in accordance with municipal by-laws.
3.02 Every tenant, occupant or lessee of a residential property shall maintain every
floor, wall, ceiling and fixture, under their control, including hallways, entrances,
laundry rooms, utility rooms, and other common areas, in a clean, sanitary and
safe condition.
3.03 Accumulation or storage of garbage, refuse, appliances, or furniture in public
hallways or stairways shall not be permitted.
3.04 The accumulation or storage of garbage, refuse, appliances or furniture which is
not meant for outdoor use shall not be stored on any porch, deck, stoop,
verandah, balcony or patio that may be visible to any person beyond the said
property line.
PEST PREVENTION
3.05 Buildings shall be kept free of rodents, vermin, insects and the presence of their
nests, droppings and chew holes at all times. Where evidence of said items are
apparent, methods used for exterminating such pests shall be in accordance with
the provisions of the Pesticides Act R.S.O. 1990, c. P.11 and the responsibility for
such extermination shall rest with the owner of the property unless otherwise
stipulated in the lease or rental agreement.
3.06 Openings, including windows, that might permit the entry of rodents, insects,
vermin or other pests shall be appropriately screened or sealed.
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STRUCTURAL SOUNDNESS
3.07 Every part of a building and every accessory building shall be maintained in a
structurally sound condition so as to be capable of safely sustaining its own weight
load and any additional load to which it may be subjected through normal use,
having a factor of safety required by the Ontario Building Code.
3.08 Walls, roofs, and other exterior parts of a building shall be free from loose or
improperly secured objects or materials.
3.09 All overhang extensions including but not limited to canopies, marques, signs,
metal awnings, fire escapes, stand pipes and exhaust ducts shall be maintained in
good repair and be properly anchored so as to be kept in sound condition.
WEATHER PROOFING
3.10 Every exposed ceiling or exterior wall of a residential building when opened or
replaced during the course of alterations or renovations shall be Insulated, in order
to minimize heat loss, air infiltration and moisture condensation on the interior
surfaces, in accordance with the Ontario Building Code.
FOUNDATIONS
3.11 Foundation walls of all buildings shall be maintained so as to prevent the entrance
of insects, rodents and excessive moisture. Maintenance includes but is not limited
to the shoring of the walls to prevent settling, installing sub soil drains, when
necessary, grouting masonry cracks, waterproofing walls, joints, and floors.
3.12 Every building, except for slab on grade construction, shall be supported by
foundation walls or piers that extend below the frost line, or to solid rock.
EXTERIOR WALLS
3.13 Exterior walls of buildings and their components, including eaves, soffits and
fascia, shall be maintained in good repair free from cracked, broken or loose
masonry, stucco, and other defective cladding, or trim. Paint or other suitable
preservative or coating must be applied and maintained so as to prevent
deterioration due to weather conditions, insects or other damage.
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3.14 Exterior walls of all buildings and their components shall be free of inappropriate
signs, painted slogans, graffiti and similar defacements.
WINDOWS AND DOORS
3.15 Windows, doors, skylights, and basement or cellar hatchways shall be maintained
in good repair and good working order, weather tight, 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 reglazing where
necessary. Where screening is provided on windows and doors it shall also be
maintained in good repair.
3.16 All windows, skylights, and basement or cellar hatchways which are designed to
be capable of opening and closing shall be maintained so that the tenant is
capable of operating it without restriction.
3.17 Notwithstanding section 3.16, every window in a leased or rented 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.
3.18 In a dwelling unit, all windows and skylights that are intended to be opened and all
exterior doors and hatchways 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, the said system shall be maintained in good working order at all
times.
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ROOFS
3.21 Roofs of buildings and their components shall be maintained in a weathertight
condition, free from loose or unsecured objects or materials. Shingles or other
coverings which exhibit excessive deterioration shall be replaced as required.
3.22 Accumulations of ice and/or snow shall be promptly removed from the roofs of
buildings and accessory buildings which slope toward a highway or sidewalk or
where such conditions could hinder the safe passage of the public.
3.23 Where eavestroughing or roof gutters are provided, they shall be kept in good
repair, free from obstructions or blockages and properly secured to the building
and appropriately sloped to allow for proper water drainage.
WALLS. CEILINGS AND FLOORS
3.24 Every wall, ceiling and floor in a building shall be maintained so as to provide a
continuous surface free of holes, cracks, loose coverings or other defects. Walls
surrounding showers and bathtubs shall be impervious to water.
3.25 Every floor in a building shall be reasonably smooth and level and maintained so
as to be free of 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.
3.26 Every floor in a bathroom, toilet room, shower room, laundry room and kitchen
shall be maintained so as to be impervious to water and readily cleaned.
STAIRS. PORCHES AND BALCONIES
3.27 Inside and outside stairs, porches, balconies and landings shall be maintained so
as to be free of holes, cracks, and other defects that may constitute accident
hazards.
3.28 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.
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GUARDRAILS 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 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, porches and balconies. Guardrails, balustrades and handrails
shall be constructed and maintained rigid in nature.
KITCHENS
3.30 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) hot water shall be supplied at a temperature of not less than 43 degrees
Celsius (1100 F)
(c) suitable storage area
(d) a counter or work area, exclusive of the sink, and covered with a material
that is imperious to moisture and grease and is easily cleanable; and
(e) a space provided for cooking and refrigeration appliances including the
suitable electrical or gas connections.
TOILET AND BATHROOM FACILITIES
3.31 Every dwelling unit shall contain a bathroom consisting of at least one fully
operational water closet, wash basin, and bathtub or suitable shower unit. Every
wash basin and bathtub or shower shall have an adequate supply of hot and cold
running water. Hot water shall be supplied at a temperature of not less than 43
degrees Celsius (1100 F). Every water closet shall have a suitable supply of
running water.
3.32 Every required bathroom or toilet room shall be accessible from within the dwelling
unit and shall be fully enclosed and provided with a door.
3.33 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.
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PLUMBING
3.34 Every dwelling unit shall be provided with an adequate supply of potable running
water from a source approved by the Medical Officer of Health.
3.35 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.
3.36 All plumbing fixtures shall be connected to the sewage system through water seal
traps.
3.37 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,
extreme corrosion or other defects that may harbor germs or impede thorough
cleansing.
ELECTRICAL SERVICE
3.38 Every dwelling and dwelling unit shall be wired for electricity and shall be
connected to an approved electrical supply system.
3.39 The electrical wiring, fixtures, switches, receptacles, and appliances located or
used in dwellings, dwelling units and accessory buildings and all non-residential
buildings shall be installed and maintained in good working order so as not to
cause fire or electrical shock hazards.
3.40 All electrical services shall conform to all applicable regulations of the Electricity
Act 1998, S.O. 1998 c. 15 and the Ontario Electrical Safety Code, Ontario
Regulation 164/99 or its successor legislation.
3.41 Every habitable room in a dwelling shall have at least one electrical duplex outlet
for each 11.1 square metre (120 square feet) of floor space and for each additional
9.3 square metres (100 square feet) of floor area a second duplex outlet shall be
provided. Extension cords shall not be used on a permanent basis.
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3.42 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.
3.43 Lighting fixtures and appliances installed throughout a dwelling unit, including
stairways, corridors, passageways, garages and basements shall provide
sufficient illumination so as to avoid health or accident hazards in normal use.
HEATING. HEATING SYSTEMS, CHIMNEYS AND VENTS
3.44 Every dwelling unit and building containing a residential dwelling unit shall be
provided with suitable heating facilities capable of maintaining an indoor ambient
temperature of 20" Celsius (68" F.) in the occupied dwelling units. The heating
system shall be maintained in good working condition and capable of safely
heating the individual dwelling units to the required standard on request of the
dwelling unit's tenant.
3.45 Where the temperature level cannot be controlled by the tenant, the owner shall
provide an approved secondary heat source under the tenant's control, which is
capable of producing and maintaining the ambient temperature of 20" Celsius
within the dwelling unit.
3.46 Every non-residential building shall maintain suitable heating facilities to sustain an
indoor ambient temperature in accordance with the requirements of the
Occupational Health and Safety Act R.S.O. 1990 c. 0.1.
3.47 All fuel burning appliances, equipment, and accessories in all buildings shall be
installed and maintained to the standards provided by the applicable provincial
legislation.
3.48 Where a heating system or part thereof 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
hazards.
3.49 All fuel burning appliances, equipment, and accessories in all buildings shall be
properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney
flue or other approved method.
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3.50 Every chimney, smoke-pipe, flue and vent shall be installed and maintained in
good repair so as to prevent the expelled 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.
3.51 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.
3.52 Every dwelling shall be so constructed or 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.
FIRE ESCAPES. ALARMS AND DETECTORS
3.53 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 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.
3.54 In addition to the provisions of article 3.53 above, 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 be;
(1) equipped with audio or audio-visual indication that they are in operating
condition;
(2) mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12
inches) below the ceiling.
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3.55 All 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
3.56 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.
3.57 Each dwelling containing more than one dwelling unit shall have at least two exits,
both of which may be common or the one of which may be common and the other
may be an exterior stair or fire escape. Access to the stairs or fire escape shall be
from corridors through doors at floor level, except access from a dwelling unit may
be through a vertically mounted casement window having an unobstructed
opening of not less than 1.067 by 0.558 metres (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
3.58 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.
3.59 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 Actfor
industrial and commercial properties. However, lighting shall not be positioned so
as to cause any impairment of use or enjoyment of neighbouring properties.
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VENTILATION
3.60 Every habitable room in a dwelling unit, as well as kitchens, bathrooms or toilet
rooms, shall have openings for ventilation providing an unobstructed free flow of
air of at least 0.28 square metres (3 square feet), or an approved system of
mechanical ventilation such that it provides hourly air exchanges.
3.61 All systems of mechanical ventilation shall be maintained in good working order.
3.62 All enclosed areas including basements, cellars, crawl spaces and attics or roof
spaces shall be adequately ventilated so as to prevent the buildup of dampness
and mould within the unit.
3.63 All structural elements of a dwelling exhibiting signs of mould shall be properly
cleaned and, where necessary, replaced in order to eliminate the presence of the
mould.
ELEVATING DEVICES
3.64 Elevators and other elevating devices including all mechanical and electrical
equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation
fans, and emergency communication systems shall be operational and maintained
in good condition.
DISCONNECTED UTILITIES
3.65 Owners of residential buildings or any person or persons acting on behalf of such
owner shall not disconnect or cause to be disconnected any service or utility
supplying heat, electricity, gas, refrigeration or water to any residential unit or
building occupied by a tenant or lessee, except for such reasonable period of time
as may be necessary for the purpose of repairing, replacing, or otherwise altering
said service or utility.
OCCUPANCY STANDARDS
3.66 The number of occupants residing on a permanent basis in an individual dwelling
unit shall not exceed one person for every 9 square metres of habitable floor area.
For the purpose of computing habitable floor area, any area with the minimum
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ceiling height less than 2.1 metres shall not be considered as habitable.
3.67 No room shall be used for sleeping purposes unless it has a minimum width of 2
metres and a floor area of at least 7 square metres. A room used for sleeping
purposes by two or more persons shall have a floor area of at least 4 square
metres per person.
3.68 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.
PART 4
SPECIAL CIRCUMSTANCES
VACANT OR DAMAGED BUILDINGS
4.01 Vacant buildings shall be kept cleared of all garbage, rubbish and debris and 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.
4.02 Where any building is vacant, unoccupied, or has been damaged by accident,
storm, neglect or other causes or intentional damage, the owner or agent shall
protect such building against the risk of accidental or intentional damage to the
property, or such damage as may be caused to other properties, arising from the
entry of unauthorized persons to the building, by effectively preventing entrance by
unauthorized persons to the satisfaction of the Property Standards Officer.
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4.03 For the purpose of Section 4.02, doors, windows, hatches and other openings
through which entry may be obtained are required to be kept in good repair and
secured from unauthorized entry, or entry shall be prevented by closing and
securing the openings.
4.04 Where a vacant or damaged property has not been sufficiently secured, the officer
may issue an Order requiring the owner to secure the property in any of the
following ways:
(a) boarding which completely covers the opening with at least 12.7mm (0.5
in.) weatherproofed sheet plywood securely fastened to the building;
(b) rigid composite panels, securely fastened to the building;
(c) sheathing boards installed within the reveal of the exterior cladding and
securely fastened to the building;
(d) brick and mortar securely fastened to the building; or
(e) concrete blocking and mortar securely fastened to the building.
The options listed above shall be considered progressively more secure with
clause (e) being the most secure. It shall be the officer's discretion to determine
the minimum level of security required.
4.05 Where it has been shown that a proper level of security has not been achieved, or
the owner's control, attendance or lack of security measures to protect the
property suggests a more secure option be used, the officer may order the owner
to supply more stringent security measures as may be necessary beyond the
options listed in subsection 4.04.
4.06 Where a building remains vacant for a period of more than ninety (90) days, or in
the opinion of the officer further measures are required, the officer shall ensure
that all utilities serving the building, which are not required for the safety or security
thereof, are properly disconnected or otherwise secured, to prevent accidental or
malicious damage to the building or adjacent property.
4.07 Any such work required under Part 4 of this by-law shall be done in compliance
with the Ontario Building Code, other applicable codes and by-laws, including but
not limiting the generality of the foregoing, in compliance with the requirement for
obtaining building or demolition permits, and with the by-laws applicable to
demolition and clearing of property.
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FIRE DAMAGED BUILDINGS
4.08 Fire damaged buildings shall be kept clear of all garbage, refuse and debris and
shall have all water, electrical and gas services turned off except those services
that are required for the security and maintenance of the property.
4.09 Where a building has been damaged by fire, the officer may order the owner to
restore the building to meet the requirements of this by-law and the Ontario
Building Code and this By-law.
4.10 When the fire-damaged building or part is occupied again for other than the
purpose of repair, the condition of the building and property shall be brought into
compliance with all applicable sections of this by-law and the Ontario Building
Code.
4.11 The exterior walls and other surfaces of the building shall have smoke damage or
other defacement removed and the surfaces refinished.
4.10 Where, in the opinion of the officer, restoration as specified in Section 4.09 is not
possible or economically feasible, the officer may order the building demolished.
DESIGNATED HERITAGE BUILDINGS
4.12 The provisions of this By-law and the requirements to repair or demolish property
shall apply to a Designated Heritage Building or a building within a Heritage
Conservation District as defined in the Ontario Heritage Act R.S.O. 1990, c. 0.18
with necessary modifications.
4.13 Where an officer has issued an Order Requiring Compliance pursuant to section
15.2 of the Ontario Building Code Act S. O. 1992 c. 23 involving a Designated
Heritage Building or a building within a Heritage Conservation District, the Order
shall take into consideration the restrictions and conditions of the Heritage
Designation.
MARIJUANA GROW HOUSES AND CLANDESTINE DRUG OPERATIONS
4.14 In the event that an officer has been notified by a police service that a property has
been or is being used as either a Marijuana Grow House or a Clandestine Drug
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Operation facility, the officer shall, in addition to any other action ordered or
permitted by law, register any and all Orders issued pursuant to an Order or
Orders Requiring Compliance under the authority of section 15.2 of the Building
Code Act, S.O 1992, against the title of the property at the local Land Registry
Office.
4.15 The Order referred to in Section 4.14 shall contain a Schedule which will state:
'This property has been identified as having been used as a
Marijuana Grow Operation (Clandestine Drug Operation facility).
Operations of this nature are well known to have detrimental
effects on the air quality, electrical systems and structural
elements within the structure. It is the opinion of the municipality
that this property should not be occupied until all matters referred
to in this Order have been addressed and resolved to the
satisfaction of the investigating officer."
PART 5
ADMINISTRATION
COMPLAINTS
5.01 This By-law shall apply to all property within the limits of the municipality and shall
be enforced on a written complaint basis only. The written complaint shall include
the name, address and telephone number or other contact information of the
complainant. Failure to provide the required complainant information shall render
the complaint incomplete and it will not be investigated.
5.02 Anonymous complaints or third party complaints which attempt to obscure the
identity of the complainant will not be investigated.
5.03 Where an officer has determined that a complaint has been filed for a malicious or
vexatious reason or as part of an ongoing pattern of harassment and does not
involve a matter of serious health or safety, the officer may, after conferring and
confirming with the Manager of Municipal Law Enforcement, cease the
investigation and close the file with no further action taken. The officer shall then
advise the complainant of this in writing.
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5.04 The imperial measurements contained in this By-law are given for reference only.
OFFICERS
5.05 The Council of the Municipality shall appoint a Property Standards Officer(s)
responsible for the administration and enforcement of this by-law.
5.06 Unless otherwise specified in their appointment By-laws, the Municipal Law
Enforcement Officers are hereby assigned the duties of Property Standards
Officers for the Municipality of Clarington.
ORDER REQUIRING COMPLIANCE
5.07 Where an Officer finds that a property does not conform to any of the standards
prescribed in this by-law, the Officer may make an "Order Requiring Compliance"
as provided for in Section 15.2(2) of the Building Code Act S. O. 1992.
5.08 Where an officer has reason to believe that there is a deficiency in any of the
structures or systems, the owner shall, upon receipt of an Order pursuant to
Section 15.8 of the Building Code Act, provide the officer with a report from the
required expert or agency detailing the condition and needed repairs, if any, to the
structure or system.
PROPERTY STANDARDS COMMITTEE
5.09 There shall be and is hereby established a Property Standards Committee
consisting of no fewer than five members, who shall be rate payers in the
municipality, appointed by By-law to hold office for the term of Council.
5.10 A member of the Council of the Municipality or an employee of the Municipality or
of a local board thereof is not eligible to be a member of the Committee.
5.11 The Committee shall elect from among themselves a Chairman and shall make
provision for a Secretary, said Secretary being an employee of the Municipality,
but not an officer.
5.12 The Secretary shall keep on file minutes and records of applications and the
decisions thereon, and all other official business of the Committee.
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5.13 The rules and practices as set out in Section 15.3 of the Building Code Act S. O.
1992 shall apply to all Appeal proceedings.
5.14 Upon receipt of the Notice of Appeal the Secretary shall arrange for an Appeal
hearing to take place not less than seven days and not more than thirty days from
the date of receipt of the Notice of Appeal and shall give notice of the date, time
and place of the appeal to the Applicant, the Committee members and the Officer.
PART 6
ENFORCEMENT AND ENACTMENT.
PENALTY
6.01 Every owner or occupan: of property shall comply with an Order Requiring
Compliance as confirmed or modified Should the owner or occupant fail to
demolish, clean up or repair the prnperty In accordance with an Order Requiring
Compliance as confirmed or modified, the municipality may take action as
stipulated in Section 15.4 of the Building Code Act to bring the property into
compliance.
6.02 Every owner or occupant of property who fails to comply with an Order issued
pursuant to Section "i 5.8 of the Building Code Act is guilty of an offence and
subject to the penalties as set out in the Act.
VALIDITY
6.03 Should any section, clause, or provision of this By-law be declared by a court of
competent, jurisdiction to be invalid. the same shall not affect the validity of this
By-law as a whole or any part thereof, other than the part so deciared to be invalid.
6.04 Where a provision of this By-law conflicts with the provision of another by-law in
force within the municipality, the provisions that establish the higher standards to
protect the health, safety and welfare of the general public shall prevail.
6.05 This By-law may be refe(red to as "The Property Standards By-!aw".
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TRANSITIONAL PROVISION
6.06 Notwithstanding the provisions of Sections 6.07 and 6.08, after the passing of this
By-law, By-law 98-123, as amended, shall apply only to those properties in respect
of which an Order has been issued prior to the date of passing of this By-law, and
then only to the said properties until such time as all matters relating to such Order
has been completed or any enforcement proceedings in respect of such Order,
including demolition and repair by the Municipality, have been concluded.
EFFECTIVE DATE OF BY-LAW
6.07 This By-law shall come into force and effect upon the date of its final passage.
REPEAL OF EXISTING BY-LAW
6.08 Subject to the provisions of Section 6.06, By-law 98-123 and its amendments are
hereby repealed.
BY-LAW read a first and second time this 2nd day of April, 2007
BY-LAW read a third time and finally passed this 2nd day of April, 2007
-'"
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."" .... JirnAbernethy
Mayor
(
_._-
Patti L. Barrie
Municipal Clerk
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