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THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 82 -63
being a By -law for prescribing standards for occupancy of property
within the Town of Newcastle.
WHEREAS the Municipal Council of the Corporation of the Town of
Newcastle, pursuant to the provisions of Section 36 of The Planning
Act, deems it desirable to enact and pass the following By -law for
prescribing standards for the maintenance and occupancy of property
within the Town of Newcastle and prohibiting the occupancy or use of
such property that does not conform to the standards and for
requiring property below the standards prescribed herein to be
• repaired and maintained to comply with the standards or for the sites
thereof to be cleared of all buiildings, structures, debris or refuse
and left in a graded level condition.
AND WHEREAS there is in effect in the Regional Municipality of Durham
an Official Plan that includes provisions relating to property
conditions.
NOW THEREFORE, the Municipal Council of The Corporation of the Town
of Newcastle enacts as follows:
PART I:
Title: This by -law may be cited as the "Property
Standards By- law ".
• PART II:
DEFINITIONS
1) Accessory building - means a detached building or structure
subordinate to a main building or structure and includes
any building or structure the use of which is incidental to
that of a main building or structure, and shall include
garages, driving sheds, barns and similar storage
facilities.
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2) Agricultural - shall include land, building or structures
used for such purposes as the growing, raising, producing
or maintaining of forage crops, grain and feed crops, oil
and seed crops, vegetables and row crops, dairy animals and
dairy products, livestock for food production, fruits of
all kinds including grapes, nuts and berries, bees and
apiary products, maple products, nurseries, floral and
greenhouse products, poultry and poultry products, horses,
kennels, mink ranching, tobacco, forestry, market gardening
and retail stands for the sale of agricultural products
produced on the farm unit.
3) Balustrade - means a protective barrier that acts as a
guard around openings in floors or at the open sides of
stairs, landings, balconies, mezzanines, galleries, raised
walkways or other locations to prevent accidental falls
• from one level to another; such barrier may or may not have
openings through it.
4) Basement - means that portion of a building between two
floor levels which is partly underground but which has at
least one -half of its height from finished floor to
finished ceiling above adjacent finished grade.
5) Bathroom - means a room which contains a water closet and
basin and may contain a bathtub or shower.
6) Building - means any structure, whether temporary or
permanent, used or built for the shelter, accomodation or
enclosure of persons, animals, vehicles, equipment or
material.
7) Cellar - means that portion of a building between two floor
• levels which is partly or wholly underground and which has
more than one -half of its height, from finished floor to
finished ceiling below adjacent finished grade.
8) Committee - means the Property Standards Committee
established pursuant to the provisions of this by -law.
9) Dwelling - means a building, any part of which is or is
intended to be used for the purposes of human habitation
and includes a building that could be intended for such use
except for its state of disrepair.
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10) Dwelling unit - means one or more rooms connected together
as a separate unit in the same structure and constituting
an independent housekeeping unit for residential occupancy
by humans for living and sleeping purposes.
11) Fire resistance rating - means the time in hours or
fraction thereof that a material or assembly of materials
will withstand the passage of flame and the transmission of
heat when exposed to fire under specified conditions of
test and performance criteria or as determined by extension
or interpretation of information derived therefrom as
prescribed in the Ontario Building Code.
12) Habitable room - means any room in a dwelling unit used or
intended to be used for purposes of living, sleeping,
cooking, or eating.
is 13) Lot - means a parcel or tract of land which is legally in
distinct and separate ownership or which is shown on a
registered plan of subdivision.
14) Multiple dwelling - means a building containing three or
more dwelling units which are in use.
15) Mixed use building - means a building containing one or
more dwelling units and other uses not accessory to the
dwelling units.
16) Non - habitable room - means any room in a dwelling other
than a habitable room.
17) Occupant - means any person in possession of the property.
0 18) Ontario Building Code - means the Ontario Building Code
Act, R.S.O. 1980, Chapter 51 and all regulations
thereunder, as amended.
19) Owner - includes the person for the time being managing or
receiving the rent of the land or premises in connection
with which the word is used whether on his own account or
as an 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 and
maintain the property in accordance with the standards for
maintenance and occupancy of property.
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20) 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 and erections
thereon whether heretofore or hereafter erected and
includes vacant property, and is to be divided, for the
purposes of this by -law as follows:
a) residential property - includes a building or structure
or part of a building or structure, that is used or is
capable of being used as a domestic establishment in
which one or more persons usually sleep, and prepare
and serve meals, and includes lands and premises
appurtenant thereto and all accessory buildings, fences
and structures thereon whether heretofore or hereafter
erected and includes vacant residential property but
• does not include farm property or vacant land.
b) non - residential property - includes proeprty which is
not occupied in whole or in part for the purpose of
human habitation and includes those lands zoned as
Commercial, Industrial and Institutional by restricted
area by -laws.
c) farm property - includes land, dwellings and all
necessary buildings used primarily for agricultural
purposes.
d) vacant land - includes property on which there are no
structures of any kind.
21) Repair - includes the provision of such facilities and the
making of additions or alterations or the taking of such
action as may be required so that the property shall
conform to the standards established in this By -law.
• 22) Sewage system - means an approved sanitary sewage system or
an approved private sewage disposal system which is in
compliance with the applicable by -laws or approved by the
local health authorities.
23) Standard - means the standards of physical condition and of
occupancy prescribed for all property by this by -law.
24) Standards Officer - means a Property Standards Officer of
the Town of Newcastle duly appointed by a by -law of the
Town to administer and enforce the provisions of this
by -law.
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25) Vehicle - includes a motor vehicle, trailer, boat,
motorized snow vehicle, mechanical equipment and any kind
of power propelled machinery exlcuding muscular power.
26) Yard - means the land other than the publicly owned land,
around and appurtenant to the whole or any part of a
building and used or intended to be used or capable of
being used in connection with the building, and also
include all land within the registered lot.
PART III
SCOPE
1) This by -law applies to all property in the Town of
Newcastle and shall be enforced on a written complaint
basis only.
• 2) No person shall use or occupy or permit the use or
occupancy of any property that does not conform to the
standards.
3) The owner of any property which does not conform to the
standards shall after receipt of due notice hereinafter set
out repair and maintain such property to conform to the
standards, or shall clear the site of all non - conforming
buildings, structures, debris or refuse, and leave the
property in a graded and level condition.
4) No person shall remove from any premises any sign, notice,
or placard placed thereon pursuant to Section 43 of the
Planning Act, R.S.O. 1980, Chapter 379, as amended.
• PART IV
ADMINISTRATION
4.1 Property Standards Officer
1) The Council of the Town of Newcastle shall by By -law,
appoint a property standards officer who shall be
responsible for the administration and enforcement of this
by -law.
2) An officer or any official acting under his instructions
may at all reasonable times and upon producing proper
identification, enter and inspect any property.
3) An officer or any official acting under his instructions
shall not enter any room or place used as a dwelling,
without consent of the occupier except under the authority
of a search warrant issued under The Summary Convictions
Act, R.S.O. 1980.
4.2 Orders and Compliance
1) If, after inspection, the officer is satisfied that, in
some respect the property does not conform to the standards
prescribed herein, he shall serve or cause to be served by
personal service upon or by registered mail, to the owner
of the property and all persons shown by the records of the
registry office, land titles office and sheriffs office to
have any interest therein, a notice as provided in Schedule
"A ", containing particulars of the non - conformity and may
supply all occupants with a copy of such notice.
• 2) After affording any person served with notice thirty (30)
days to appear before the officer and to make
representation in connection therewith, the officer may
make and serve or cause to be served upon or send by
registered mail to such person an order as provided in
Schedule "B" containing:
a) the municipal address or legal description of such
property,
b) reasonable particulars of the repairs to be effected or
a statement that the site is to be cleared of all
buildings, structures, debris or refuse, and left in a
graded level condition, and the period in which there
must be compliance with the terms and conditions of the
order,
c) notice that, if such repair or clearance is not
• completed within the time specified in the order, the
municipality may carry out the repair or clearance at
the expense of the owner,
d) the final date for giving notice of appeal from the
order.
3) Following inspection of a property the officer may, and
upon request of the owner shall, issue to the owner, a
certificate of compliance, if in the opinion of the officer
the property is in compliance with the standards of this
by -law.
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4) Where a certificate of compliance is issued at the request
of the owner, the owner shall be required to pay a fee to
the Town of Newcastle as provided for in Schedule
attached hereto.
4.3 Property Standards Committee
1) A Property Standards Committee is hereby established to
review appeals to the orders issued by an officer under
subsection 4.2(2).
2) The Committee shall be composed of 3 ratepayers of the Town
of Newcastle to be appointed by the Council of the
Corporation based on replies to an advertisement for 3
ratepayers which shall be published in the local
newspapers.
3) The terms of office for Committee members shall be for 3
years with one tern expiring annually, such that the first
appointments shall be for terms of 1, 2 and 3 years.
4) A member of the Council of the Municipality or an employee
of the Municipality or of a local board therefore is not
eligible to be a member of the Committee.
5) The Committee shall elect one of themselves as Chairman,
and in the Chairman's absence may appoint another member as
Chairman Protempore.
6) Two members of the Committee shall constitute a quorum.
7) The Committee shall make provisions for a secretary, said
secretary being an employee of the Town, but not a
standards officer.
8) The secretary shall keep on file minutes and records of
applications and the decisions thereon, and of all other
official business of the Committee and Section 78 of the
Municipal Act, R.S.O., 1980, C.302, as amended, applies
mutatis mutandis to such documents.
4.4 Appeal of Orders
1) When an owner upon whom an order has been served in
accordance with this by -law, is not satisfied with the
terms or conditions of an order, he may appeal to the
Property Standards Committee by sending notice of appeal by
registered mail to the Secretary of the Committee, within
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fourteen (14) days after service of the order and in the
event that no appeal is taken, the order shall be deemed to
have been confirmed.
2 ) The Secretary of the Committee in receipt of the notice of
appeal referred to in Section 4.4(1) shall:
a) determine the date, place
the appeal which shall tal
and not more than 30 days
the aforementioned notice
b) give notice in writing of
the appeal hearing to the
who issued the order.
and time of the hearing of
(e place not less than 7 days
from the date of receipt of
of appeal; and
the date, place and time of
applicant, and the officer
3) The Committee may adopt its own rules of procedure for
• appeal hearings and shall have all the powers and functions
of an officer.
4) The Committee may:
a) confirm the order;
b) modify or quash the order;
c) extend the time for complying with the order, provided
that the intent of the by -law is maintained.
5) The Committee shall notify in writing the appellant and the
officer who issued the order as to the nature of the appeal
decision.
6) The Municipality in which the property is situate or any
owner or occupant or person affected by a decision under
subsection 4.4(4) may appeal to a Judge of the County or
• District Court of the Judicial District in which the
property is located by notifying the Clerk of the
Corporation in writing and by applying for an appointment
within fourteen (14) days after the sending of a copy of
the decision and;
a) the Judge shall, in writing, appoint a day, time and
place for the hearing of the appeal and in his
appointment may direct that it shall be served upon
such persons and in such a manner as he prescribed; and
b) the Judge on such appeal has the same powers and
functions as the Committee.
7) The order as deemed to have been confirmed pursuant to
subsection 4.4(1) or as confirmed or modified by the
Committee pursuant to subsection 4.4(4), or in the event of
an appeal to the Judge pursuant to subsection 4.4(6), as
confirmed or modified by the Judge, shall be final and
binding upon the owner who shall make the repair or effect
the demolition within the time and in the manner specified
in the order.
4.5 Penalties
1) If the owner fails to demolish the property or make the
repairs in accordance with the order as confirmed or
modified, the Corporation in addition to all other
remedies,
a) shall have the right to demolish or repair the property
• and for this purpose, with its servants and agents,
enter in and upon the property; and
b) shall not be liable to compensate such owner, or
persons having an interest in the property or occupants
by reason of anything done by or on behalf of the
Corporation under the provisions of this subsection.
2) A penalty of not more than Five Hundred Dollars ($500.00)
shall be levied upon an owner for each day that he is in
contravention of an order that is final and binding, such
penalty to be recoverable under the Summary Conviction
Act.
PART V
This part of By -law 82 -63 prescribes standards within the Town of
Newcastle except that certain standards identified by an asterisk ( *)
• do not apply to agricultural property.
The standards contained herein are broken down into three
sub - sections. Section 5.1 prescribes standards for the maintenance
of yards, Section 5.2 prescribes standards for the maintenance of
buildings and Section 5.3 deals with health and safety standards.
5.1 MAINTENANCE OF YARDS
x_1.1 Yard
1) All yards shall be kept clean and free from rubbish, debris
and ashes, health, fire and accident hazards.
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2) Lawns, hedges, bushes and trees shall be kept trimmed and
free from becoming unreasonably overgrown in a fashion that
may affect safety, visibility or passage of the general
public.
*3) All trees shall be pruned so as to be free of dead limbs
which may be capable of causing injury or damage.
4) Any vehicle, including a trailer, which is in a wrecked,
dismantled or abandoned condition shall not be parked,
stored or left in a yard, unless it is necessary for the
operating of a business enterprise lawfully situated on the
property.
*5) Where a restricted area by -law permits outside storage,
such storage shall not exceed the lesser of 2.5 metres or
• the height of a surround fence.
6) Outside storage shall be maintained so as to prevent an
unsafe or unsightly condition out of character with the
surrounding environment.
*7) All areas used for vehicular traffic, parking and
facilities for loading and unloading, including loading
spaces or bays shall be:
a) kept free from dirt, surface dust and refuse,
b) maintained in good repair, and
c) properly drained.
*5.1.2 Fences
All fences shall be kept in good repair, free from accident
hazards and shall be constructed in such a way as to prevent all
. cartons, wrappers, paper, rubbish and debris from blowing onto
adjoining property. Where applicable, fencing shall be
constructed in accordance with the Line Fences Act.
5.1.3 Antennae
Craneways, lightning arrestors, television and radio antennae
and structures of similar character shall be maintained in good
repair and free of fire and accident hazards and properly
anchored and plumb, unless specifically designed to be other
than vertical.
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5.1.4 Abandoned Wells
Every abandoned or unused well and every excavation, trench or
ditch which is no longer required and could present a hazard
shall be filled with suitable fill material so that the cavity
is level with the surrounding grade.
5.1.5 Abandoned Buildings
Where any building is abandoned, the owner or his agent shall
protect it against the risk of fire, accident or other danger
and shall effectively prevent the entrance thereto of all
unauthorized persons.
5.1.6 Safe Passage
Steps, stairs, walks, driveways, parking spaces, and similar
areas of a yard shall be maintained so as to afford safe passage
• under normal use and weather conditions.
5.1.7 Signs
All signs and billboards shall be maintained in good repair and
any signs which are excessively weathered or faded, or those
upon which the paint has excessively peeled or cracked shall,
with their supporting members, be removed or put into good
repair.
5.2 MAINTENANCE OF BUILDINGS
5.2.1 Foundations
1) The foundation walls of every building shall be maintained
in good repair so as to support all loads placed upon the
foundation and prevent the settlement of the building.
2) Maintenance of foundations shall include shoring or
• underpinning of the walls, installation of subsoil drains,
grouting masonry cracks, water proofing walls and joints
and using other suitable means.
5.2.2. Structural Soundness
1) Every part of a building, including an accessory building,
shall be maintained in a structurally sound condition so as
to be capable of safely sustaining its own weight and any
load for which the building is designed to support.
2) Materials or objects which have been damaged or show
evidence of rot or other deterioration shall be repaired or
replaced.
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• 5.2.3. Exterior Walls
1) The exterior walls and their components shall be maintained
so as to retard their deterioration to the extent that it
does not cause hazardous conditions due to weather or
insects and shall be maintained where necessary by
painting, restoring and repairing, coping or flashing,
waterproofing of joints or walls, installing or repairing
of termite shields and the treating of soil with
appropriate pesticides.
2) All canopies, marquees, signs, awnings, stairways, fire
escapes, stand pipes, exhaust ducts, air conditioners and
similar overhang extensions shall be:
a) maintained in good repair,
b) properly anchored, and
• c) protected from the elements and against decay and rust
by the periodic application of weather resistant
materials.
3) All air conditioners which are installed and operated over
a public sidewalk shall be equipped with proper devices for
the prevention of condensation drainage upon the sidewalk.
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1) Every roof, including fascia board, and eaves shall be
maintained so as to prevent leakage of water into the
building.
*2) Maintenance shall include the repair or replacement of
defective or deteriorated components and the application of
preservatives.
. 5.2.5 Walls and Ceilings
1) Every wall and ceiling in dwelling units and other non-
agricultural buildings shall be free of holes, loose
coverings and other conditions which would permit flame or
excessive heat to enter into concealed spaces.
2) Where a dwelling unit and a non - residential occupancy are
separated horizontally or vertically, there shall be a
finished ceiling separating the occupancies which shall:
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a) consist of at least two (2) one -half inch layers of
gypsum wallboard or equivalent fire resistance rating,
and
b) be tightly sealed with caulking or mineral wool or
similar non - combustible material.
5.2.6 Floors
1) Every floor shall be maintained free from all loose,
protruding, broken or rotten boards that may cause an
accident or permit unsanitary conditions and all defective
boards or materials shall be repaired or replaced.
2) Where any floor is covered by some covering material that
has become worn or torn so as to retain dirt or cause an
accident, the covering shall be repaired, replaced or
• removed.
3) The floor of every bathroom, shower or toilet room shall be
maintained as to be water resistant and easily cleaned.
5.2.7 Elevators, Hoists and Lifts
Elevators, hoists, lifts and moving stairs shall be installed
and maintained in good working order and in an operative
condition free of hazards that could cause accidents.
5.2.8 Egress
*1) There shall be provided and maintained a secondary means of
egress from the buiding for every dwelling unit located on
each floor above the first floor and for two or more
dwelling units legally located entirely or partially below
grade so as to provide safe egress in case of emergency.
5.2.9 Doors and Windows in Other Than Accessory Buildings
1) Windows, exterior doors and basement or cellar hatchways
shall be maintained in good repair so as to prevent the
entrance of wind and rain and snow into the building.
2) Rotted or damaged doors, door frames, window frames,
sashes, weather stripping, broken glass and defective door
and window hardward shall be repaired or replaced.
*3) All windows intended to be opened and all exterior doors
shall have hardware so as to be capable of being locked.
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5.2.10 Stairs
1) All outside or inside stairs shall be maintained free from
any defects which may constitute possible accident
hazards.
2) All treads or risers that show excessive wear or are
broken, warped or loose and all supporting structural
members that are deteriorated or defective, shall be
repaired or replaced.
5.2.11 Handrails
1) A handrail shall be installed and maintained in good repair
on every open side of a balcony, porch, landing and
stairwell with three or more risers.
2) A barrier such as a balustrade shall be installed and
maintained in good repair on the open side of the balcony,
porch, landing and stairwell with a difference of 1.5
metres or more in elevation.
5.2.12 Accessory Buildings
1) Accessory buildings shall be kept in good repair and free
from health, fire and accident hazards.
2) The exterior of accessory buildings shall be kept weather
resistant through the use of appropriate weather resistant
materials.
5.3 HEALTH AND SAFETY STANDARDS
5.3.1 Sewage and Drainage
1) Domestic sewage and animal waste shall be discharged into a
sewage system; where a sewage system does not exist, sewage
and organic waste shall be disposed of in accordance with
the Environmental Protection Act and other provincial or
local health regulations as may be applicable.
*2) Storm water and water brought artificially on the land
shall be drained from the yard so as to prevent recurrent
ponding or the entrance of water into a basement or
cellar.
*3) No drainage, including roof drainage shall be discharged or
channelled on walkways or stairs.
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5.3.2 Garbage Disposal
1) All garbage, rubbish and ashes shall be promptly stored in
appropriate receptacles.
2) Receptacles shall be watertight, provided with a tight
fitting cover and maintained in a clean state.
3) Plastic garbage bags stored outside must be protected from
damage.
*4) Every building shall be provided with rodent proof storage
for garbage and trade waste.
5.3.3 Pest Prevention
1) All property shall be kept free of infestation by rodents,
vermin and insects at all times so that hazards to public
• health are prevented. The methods used for exterminating
rodents or insects shall be in accordance with the
provisions of The Pesticides Act R.S.O. 1980, Chapter 376,
as amended.
*2) Basement or cellar windows and any other openings in a
basement or cellar that might permit the entry of rodents
shall be screened with wire mesh, metal grill or other
materials as will effectively exclude rodents.
5.3.4 Cleanliness
Every floor, wall, ceiling, fixture, appliance and equipment
shall be maintained in a clean and sanitary condition as is
appropriate to the use which is being made of the building.
5.3.5 Dampness
The interior floors, ceilings and walls shall be kept free from
• excessive dampness arising from the entrance of moisture through
exterior walls or roofs or through a cellar, basement or crawl
space wall or floor.
5.3.6 Water
1) Every dwelling shall be provided with an adequate supply of
potable water.
2) Adequate running water shall be supplied to every water
closet.
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3) Every sink, wash basin, bathtub or shower required by this
by -law shall have an adequate supply of hot and cold
running water.
5.3.7 Kitchens
1) Every self- contained dwelling unit shall contain a kitchen
area equipped with a sink served with hot and cold water,
storage facilities, a countertop work area and space for
stove and refrigerator.
2) Every cooking area shall have provided an adequate and
approved energy source.
3) There shall be at least .75 metres clear space above any
exposed cooking surface.
• 5.3.8. Plumbing
All plumbing, drain pipes, water pipes and fixtures in every
building and every connecting line to the sewage system shall be
maintained in good working order.
5.3.9. Bathroom Facilities
1) Buildings where people work and dwelling units shall have
sanitary facilities as required by the Ontario Building
Code.
2) Every bathroom shall have a floor of water repellant
construction.
3) All bathrooms and bathroom facilities shall be kept clean
and neat at all times.
5) Every dwelling unit except as provided in subsection 6)
shall contain plumbing fixtures consisting of at least:
a) a water closet
b) a kitchen sink
c) a wash basin
d) a bathtub or shower
6) The requirements of subsection 5) shall not prevent the
occupants of a residential property from sharing the
required bathroom facilities, provided:
4) Each bathroom shall
be provided
with
paper, soap and
•
individual towels or
other means
of
drying.
5) Every dwelling unit except as provided in subsection 6)
shall contain plumbing fixtures consisting of at least:
a) a water closet
b) a kitchen sink
c) a wash basin
d) a bathtub or shower
6) The requirements of subsection 5) shall not prevent the
occupants of a residential property from sharing the
required bathroom facilities, provided:
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• a) that one water closet, kitchen sink, wash basin and
bathtub or shower is supplied for each eight persons.
b) access to the fixtures can be gained without going
through rooms of another dwelling unit or outside the
dwelling.
5.3.10 Heating System
*1) Where persons are employed in duties and operations in an
enclosed space or room within a building and not engaged in
physical activity, the heating equipment shall be capable
of providing sufficient heat in such spaces or rooms to
maintain a temperature of not less than twenty (20) degrees
celsius during normal working hours.
2) Every dwelling shall be provided with a heating system
capable of maintaining a room temperature of not less than
• twenty (20) degrees celsius at five feet above floor level,
and three feet from exterior walls in all habitable rooms
and bathrooms.
3) The heating system shall be maintained in good working
condition.
4) Equipment burning fuels shall be properly vented by a
connecting duct or flue pipe leading to a chimney or a vent
flue.
5) Every chimney, smoke pipe, flue and vent shall be
maintained so as to prevent gases from leaking into the
building or property and shall be free of any defects.
6) All fuel shall be stored in a safe manner.
. 7) No room heater shall be placed so as to cause a fire hazard
to walls, curtains, and furniture nor to impede the free
movement of persons within the room where the heater is
located.
5.3.11 Electrical Service
1) Every dwelling unit shall be wired for electricity and
shall have lighting equipment installed throughout to
provide sufficient illumination for the intended use of
each space.
• 2) Every habitable room and laundry area in a dwelling shall
have at least one electrical convenience outlet in good
repair.
3) Electrical wiring and all equipment and appliances shall be
installed and maintained in good working order so as not to
overload the designed size of the service, cause a fire or
electrical shock hazard.
4) Exterior cords which are not part of a fixture shall not be
permitted on a semi - permanent or permanent basis where in
the opinion of the Standards Officer a hazardous condition
exists.
5.3.12 Light
*1) Every habitable room, except for a kitchen, shall have a
• window or windows, sky lights, translucent panels and may
include the glass areas of a sash door, that face directly
to the outside with an unobstructed light transmitting area
of not less than ten per cent of the floor area of such
rooms.
2) All public halls and stairs in multiple dwellings shall be
illuminated at all times so as to provide safe passage.
5.3.13 Ventilation
1) Every room where people work shall have an opening or
openings for natural ventilation located in the exterior
walls or openable parts of sky lights and shall have a
minimum aggregate unobstructed free flow of one (1) per
cent of the floor area of the room.
2) An opening for ventilation may be omitted if mechanical
• ventilation is provided which changes the air two times
each hour.
3) All systems of mechanical ventilation or air conditioning
shall be maintained in good working order.
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• 2) Every habitable room and laundry area in a dwelling shall
have at least one electrical convenience outlet in good
repair.
3) Electrical wiring and all equipment and appliances shall be
installed and maintained in good working order so as not to
overload the designed size of the service, cause a fire or
electrical shock hazard.
4) Exterior cords which are not part of a fixture shall not be
permitted on a semi - permanent or permanent basis where in
the opinion of the Standards Officer a hazardous condition
exists.
5.3.12 Light
*1) Every habitable room, except for a kitchen, shall have a
• window or windows, sky lights, translucent panels and may
include the glass areas of a sash door, that face directly
to the outside with an unobstructed light transmitting area
of not less than ten per cent of the floor area of such
rooms.
2) All public halls and stairs in multiple dwellings shall be
illuminated at all times so as to provide safe passage.
5.3.13 Ventilation
1) Every room where people work shall have an opening or
openings for natural ventilation located in the exterior
walls or openable parts of sky lights and shall have a
minimum aggregate unobstructed free flow of one (1) per
cent of the floor area of the room.
2) An opening for ventilation may be omitted if mechanical
• ventilation is provided which changes the air two times
each hour.
3) All systems of mechanical ventilation or air conditioning
shall be maintained in good working order.
- 19 -
PART VI:
This part of By -law 82 -63 describes Occupancy Standards for all
dwelling units within the Town of Newcastle.
6.30 Occupancy Standards
1) No person shall use or permit the use of a non - habitable
room in a dwelling for habitable room purposes.
2) The maximum number of occupants in a dwelling unit shall
not exceed one person for each nine (9) square metres of
the total floor area of all the habitable rooms within the
dwelling unit.
3) A bedroom shall be a habitable room, and no kitchen,
• bathroom, or heating equipment room shall be used as a
bedroom.
4) No room shall be used for sleeping purposes unless it has a
minimum width of two (2) metres and a floor area of at
least 5.5 square metres and further, a room used for
sleeping purposes by two or more persons shall have a floor
area of at least 3.5 square metres for each person so using
the room.
PART VII: - VACANT LAND
This part prescribes the standards for all vacant property situated
in the Town of Newcastle.
1) Vacant land shall be kept clean and free from rubbish or
• other debris and from all objects or conditions that may
create a health, fire or accident hazard.
2) Ground vegetation and grass shall be kept in a reasonable
and neat appearance.
3) Every excavation, trench or ditch, pile or fill, which
could present a hazard shall be filled with suitable
material or levelled so as to be level with the surrounding
grade.
r
- -
• 20
BY -LAW read a first time this 10th day of May, 1982
BY -LAW read a second time this 10th day of May, 1982
BY -LAW read a third time and finally passed this 10th day of May,
1982.
MAYOR
CLERK
•
•
+ �r
•
SCHEDULE "A" TO BY -LAW 82 -63
THE CORPORATION OF THE TOWN OF NEWCASTLE
TAKE NOTICE THAT
SUB - STANDARD PROPERTY
This Property, described in the attached Notice or Order, has been
found not to be in conformity with the standards established by
Property By -law Number 82 -63.
The attached Notice or Order is a true copy of the Notice or Order
. issued under said By -law. Any person who pulls down or defaces this
placard is liable to a penalty not exceeding $500.
Dated at Bowmanville this day of 19
Property Standards Officer
•
•
SCHEDULE "B" TO BY -LAW 82 -63
" O R D E R"
Pi
r
•
SCHEDULE "C" TO BY -LAW 82 -63
Fee Schedule for Issuance of Certificate of Compliance
Category
Cost
Residential Property
1 or
2 units
$20.
/Unit
Multiple Commercial
2 to
5 units
$15.
/Unit
and Industrial
6 to
15 units
$75.
Plus
Buildings
$5.
/Unit
16 Units and over
$125.
Plus
$1.
/Unit
Free Standing Industrial
$25.
plus $1. /95 square metres
and Commercial Buildings
Single Occupancy
Farm Property
$25.
Vacant Property
$20.
1
4s
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY -LAW NUMBER 82 -63
Being a by -law for prescribing standards
for occupancy of property within the
Town of Newcastle.
BY -LAW
The Corporation of the Town of Newcastle
40 Temperance Street
BOWMANVILLE, Ontario