BYLAW Being a By-law Prescribing the Standards For the Maintenance and Occupancy of Properties Within the Town of Kirkland Lake

Transcription

1 BYLAW Being a By-law Prescribing the Standards For the Maintenance and Occupancy of Properties Within the Town of Kirkland Lake WHEREAS the Corporation of the Town of Kirkland Lake desires to enact a By-law pursuant to the provisions of Section 15.1(3) of The Building Code Act, S.O. 1992, c.23; AND WHEREAS there is in effect in the Town of Kirkland Lake an Official Plan which includes provisions relating to Property Conditions; 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 Corporation of the Town of Kirkland Lake hereby enacts the following: SHORT TITLE This By-law may be cited as the Property Standards By-law. All standards herein, shall be deemed to be reasonable standards having regard to health and/or safety hazards or climactic weather conditions and having regard to the economic condition of the property. PART I DEFINITIONS 1.01 DEFINITIONS (1) Accessory Building means a detached subordinate building or structure not used for human habitation, located on the same lot as the main building. (2) Apartment Building means a building containing more than four dwelling units with individual access from an internal corridor system. (3) Basement means that space of a building that is partly below grade, which has half or more of its height, measured from the floor to ceiling above the average exterior finish grade. (4) Bathroom means a room with facilities for bathing or showering. (5) Building means any structure used or intended for supporting or sheltering any use of occupancy. (6) Chief of the Fire Department means Chief of the Fire Department of the Corporation. (7) Committee means Property Standards Committee. (8) Corporation means the Corporation of the Town of Kirkland Lake. (9) Council means the Council of the Corporation of the Town of Kirkland Lake. (10) 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 purposes of human habitation. (11) Dwelling Unit means one or more rooms connected together as a separate unit in the same structure and constituting as independent housekeeping unit for residential occupancy by humans for living, cooking, eating, sleeping and sanitary purposes.

2 Bylaw Property Standards Page 2 (12) Fence means a barrier constructed of chain link metal, or of wood, stone, metal or material having an equivalent degree of strength. (13) Fire Resistance Rating means the time in hours that a material construction or assembly will withstand the passage of flame and transmission of heat when exposed to fire under specified conditions of test and performance criteria. (14) Floor Area means the space of any storey of a building between exterior walls and required fire walls, including the space occupied by interior walls or partitions, but not including exits and vertical service spaces. (15) Gate means a swinging or sliding barrier used to fill or close an access and shall be comprised of like material as the fence. (16) Ground Cover means any organic or non-organic material so applied, to prevent the erosion of soil, including but not limited to: concrete, flagstone, gravel, asphalt, grass or other forms of landscaping. (17) Habitable Room means any room in a dwelling unit used or intended to be used for living, sleeping, cooking or eating purposes. (18) Maintenance means the preservation and keeping in repair of a property. (19) Means of Egress means a continuous unobstructed path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of persons from any point within a building, floor area, room or contained open space to a public thoroughfare or approved open space, usually located outside the building. (20) Medical Officer of Health means the Medical Officer of Health of the Timiskaming Health Unit. (21) Multiple Dwelling means a building containing three or more dwelling units. (22) Multiple Use Building means a building containing both a dwelling unit and a nonresidential property. (23) Non-habitable Room means any room in a dwelling or dwelling unit other than a habitable room, and includes a bathroom, 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 storeys, and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this By-law. (24) Non-residential Property means a building or structure or part of a building or structure not occupied or capable of being occupied in whole or in part for the purposes of human habitation and includes the lands and premises appurtenant thereto. (25) Occupancy means the use if intended use of a building or part thereof for the shelter or support of persons, animals or property. (26) Occupant means any person(s) over the age of eighteen years in possession of the property. (27) Officer means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this by-law and a member of the Fire Department who has been assigned by the Fire Chief the responsibility of administering and enforcing this bylaw with respect to section 3.04 Fire protection of this By-law.

3 Bylaw Property Standards Page 3 (28) Owner means the person for the time being managing or receiving the rent or paying the municipal taxes on 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 the premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. (29) Person includes, not only an individual, but also a body corporate and any unincorporated association, partnership, contractor, company, owner, or lessee. (30) 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, accessory buildings, fences and erections thereon whether heretofore and hereafter erected, and includes vacant property. (31) Repair means 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 bylaw. (32) 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 land or buildings that are appurtenant to such establishment and all stairways, walkways, steps, walks, driveway, parking spaces, and fences associated with the dwelling or its yard. (33) Salvage Yard or Shop for the purpose of this By-law, a salvage yard or shop includes a scrap yard, junk yard, wrecking yard or premises, whether or not an active business is carried on thereat or such yard is used for storage purposes, and premises where used goods, wares, merchandise, articles or things are processed for further sale. (34) Sewage means a liquid waste containing animal, vegetable or mineral matter in suspension or solution but does not include roof water or other storm runoff. (35) Sewerage System means the municipal sanitary sewerage system or a private sewage disposal system approved by the Medical Officer of Health. (36) Smoke Alarm means a device capable of detecting the products of combustion that automatically initiates an audible signal or alarm when such products are detected. (37) Standards means the standards of physical condition and of occupancy prescribed for property by this by-law. (38) Toilet Room means a room containing a water closet and wash basin. (39) Town means the Corporation of the Town of Kirkland Lake. (40) Yard means the land other than publicly owned land around and appurtenant to the whole or any part of a property and used or intended to be used, or capable of being used in connection with the property. PART II GENERAL STANDARDS FOR ALL PROPERTIES 2.01 YARDS (1) Every yard, including vacant lots shall be kept clean and free from; a) rubbish, debris and objects or conditions that may create a health, fire or accident hazard;

4 Bylaw Property Standards Page 4 b) inoperable, wrecked, dismantled, discarded or abandoned machinery, vehicles, trailers or boats unless it is necessary for the operation of a business enterprise lawfully situated on the property; c) heavy undergrowth and noxious weeds as defined by the Weed Control Act; d) dilapidated, collapsed or partially constructed structures which are not currently under construction. (2) All permanent signs and billboards shall be maintained in good repair and any signs which have excessively weathered, faded or have paint that is excessively peeled or cracked shall be removed or put into a good state of repair. (3) The owner of any property used for multiple dwellings, commercial, institutional or industrial purposes shall install and maintain around such property, suitable fences, hedges or screening where such use of the property, for any purpose, may detract from the quiet enjoyment and good appearance of any abutting residential property. (4) Nothing contained in this section shall be deemed to prevent the accumulation, storage and keeping in or on any non-residential property, where a lawful business is conducted of such things required for the normal purposes of such business, provided that; (a) Where the storage or keeping of such things creates a nuisance, the same shall be suitably fenced from the surrounding streets and properties, (b) Where the property is used for salvage yard, all such land and premises shall be surrounded by a uniform, closed, boarded fence or the equivalent thereof no less than 2.4 meters (8 ft.) nor more than 3.0 meters (10 ft.) in height and maintained in accordance with this By-law SURFACE CONDITIONS (1) Surface conditions of yards shall be maintained so as to; a) prevent ponding of storm water; b) prevent instability or erosion of soil; c) prevent surface water run-off from entering basement; d) be kept free of excavations, deep ruts and holes; 2.03 SEWAGE AND DRAINAGE (1) Sewage or organic waste shall be discharged into sewerage system where such a system exists. where a sewerage system does not exist, sewage or organic waste shall be disposed of in a manner acceptable to the local health authorities. (2) Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise and which is in conformance with local by-laws. (3) Roof drainage or surface water shall; (a) be drained from the lands so as to prevent recurrent ponding or entrance of water into a basement or cellar, and/or (b) not be channeled to discharge on sidewalks, stairs, or neighboring property 2.04 SAFE PASSAGE (1) Steps, walks and driveways and parking areas shall be maintained so as to afford safe passage under normal use and weather conditions ACCESSORY BUILDINGS AND FENCES (1) Accessory buildings and fences shall be maintained in structurally sound and kept in good repair.

5 Bylaw Property Standards Page 5 (2) Where an accessory building or a condition on the property may harbor noxious insects, rodents, or vermin, all necessary steps shall be taken to eliminate the insects, rodents or vermin and to eliminate the condition so as to prevent its recurrence. (3) Exteriors of accessory buildings shall be kept weather resistant through the use of appropriate weather resistant material. (4) Every fence shall be kept free from objectionable markings, painted slogans, stains or other defacements GARBAGE DISPOSAL (1) Every building, dwelling and dwelling unit shall be provided with sufficient number of receptacles to contain all garbage, rubbish and ashes, that may accumulate in the property between the regularly designated collection days. (2) Receptacles shall be; (a) made of water-tight construction, (b) provided with a tight-fitting cover, and (c) maintained in a clean state. (3) Garbage, rubbish and ashes shall be promptly stored in receptacles and made available for removal in accordance with the Municipal garbage collection Bylaw of the Corporation. (4) Plastic bags shall not be stored outdoors unless protected from damage PEST PREVENTION (1) A dwelling or building shall be kept reasonably free of rodents, vermin and insects at all times. Methods used for exterminating such pests both shall be in accordance with the provisions of the Pesticides Act. (2) Basement or cellar windows used or required for ventilation, and any other opening in a basement or cellar, including a floor drain, that might permit the entry of rodents, shall be screened with wire mesh, metal grill or other durable material which will effectively exclude rodents FOUNDATIONS (1) The foundation walls and basement, cellar or crawl space floors shall be maintained in good repair free from major cracks, breaks or other defects and shall be structurally sound, and where necessary shall be maintained by shoring of the walls and joists grouting masonry cracks, parging and waterproofing the walls or floors, and installing subsoil drains at footing levels. (2) Every basement, cellar and crawl space in a dwelling or building shall be adequately drained, and adequately ventilated to the outside air. (3) A foundation wall of a dwelling or building shall be adequately waterproofed so as to prevent. the induration of moisture STRUCTURAL STANDARD (1) Every part of a dwelling or building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional loads to which it may be subjected to through normal use. (2) The exterior walls, roofs and other parts of the dwelling or building shall be free from loose, rotten, warped and broken materials and objects. Such materials and objects shall be removed, or repaired or replaced.

6 Bylaw Property Standards Page EXTERIOR WALLS (1) All exterior surfaces shall be of materials which provide adequate protection from the weather (2) The exterior walls and their components shall be maintained so as to prevent their deterioration due to weather and insects, and shall be so maintained by the painting, restoring or repairing of the walls, coping or flashing, by the waterproofing of joints and of the walls themselves. (3) All air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk ROOFS (1) A roof including the fascia board, soffit, cornice and flashing shall be maintained in a weather tight condition, free from loose or unsecured objects or material. (2) Dangerous accumulations of snow or ice or both shall be removed from the roof of a dwelling or building. (3) All roof drains which are installed or located directly over a public sidewalk shall be maintained so as to prevent the flow of drainage onto the public sidewalk WINDOWS AND DOORS (1) Windows and exterior doors and frames and basement or cellar hatchways shall be maintained in good repair and shall be of such construction so as to prevent drafts and minimize heat losses through the infiltration of outside cold air in the cold weather season. (2) Rotted or damaged doors, door frames, window frames, sashes and castings, weatherstripping, broken glass and missing or defective door and window hardware shall be repaired or replaced STAIRS AND PORCHES (1) Inside or outside stairs and porches shall be maintained so as to be free of holes, cracks, and other 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 rotted or deteriorated shall be repaired or replaced GUARDS, BALUSTRADES AND HANDRAILS (1) A Guard and or handrail shall be installed and maintained in good repair on; (a) every open side of a balcony, porch, landing and stairwell, with a rise of over 0.6 meters (2') and (b) a stairway with a rise of over 0.6 meters (2'), or containing 3 or more risers including landing WALLS, FLOORS, AND CEILINGS (1) Every wall and ceiling finish shall be maintained in a clean condition and free from holes, loose coverings or other defects. (2) Where fire resistant walls exist between separate dwelling units, they shall be maintained in a condition which maintains their fire resistant quality. (3) Walls surrounding showers and bathtubs shall be impervious to water.

7 Bylaw Property Standards Page 7 (4) Every floor shall be reasonably smooth and level and be maintained so as to be free of all loose, warped, protruding, broken or rotted boards that might cause an accident, and all defective floor boards shall be repaired. (5) The floor of every bathroom, shower-room and toilet room shall be so maintained as to be resistant to water and readily cleaned. PART III STANDARDS FOR RESIDENTIAL OCCUPANCY 3.01 CLEANLINESS (1) Every floor, wall, ceiling and fixture in a dwelling or building shall be maintained in a clean and sanitary condition, and the dwelling or building shall be kept free from rubbish, debris or conditions which constitute a fire, accident or health hazard WATER (1) Every dwelling or building to which water is available under pressure through piping shall be provided with; (a) an adequate supply of potable water approved by the local Medical Officer of Health, (b) piping for hot and cold water connected to every kitchen fixture, every washbasin, bathtub, shower, slop sink and laundry area and piping for cold water connected to every toilet and hose bib, (c) equipment capable of supplying hot water to every wash basin, sink, bathtub or shower at a temperature of not less than 49 degrees Celsius (120E F) EGRESS (1) Every dwelling unit shall have immediate access to not fewer than two non-obstructed and approved means of egress located as remotely as possible from one another and leading to safe and open space at or near ground level. The access to or egress from each dwelling unit or building shall be provided without passing through any other dwelling unit or a furnace room. (2) A single means of egress may be allowed for a dwelling unit in a building if; (a) the building is not more than 2 storeys in building height and (b) the means of egress is an exterior door located at street or near ground level and (c) the access to this exterior door is not through an attached or built-in garage or through another dwelling unit FIRE PROTECTION (1) A high degree of safety to life and the protection of property shall be provided by the separation of dwelling units and the use of material which retard the spread of fire and prevent the passage of flame, smoke and hot gases through open or concealed spaces within the building, and by providing exits which will permit persons to leave the building with safety. (2) Smoke Alarms/ Detectors; (a) Every owner of a building containing ONE or more dwelling units shall ensure that a listed smoke alarm /detector ( approved by C.S.A. or ULC) of the single station alarm type, audible within bedrooms when intervening doors are closed, are installed IN EACH DWELLING UNIT between bedrooms or sleeping areas and the remainder of the dwelling unit, such as in hallways or corridors serving such bedrooms or sleeping area and maintained in good operating condition at all times. (b) Smoke alarms (detectors) may be powered by battery or electricity.

8 Bylaw Property Standards Page 8 (c) (d) Battery operated smoke alarms (detectors) shall be equipped with an audible warning that sounds intermittently when the battery is ready for replacement and be installed in accordance with the manufacturer s requirements. Electrically operated smoke alarms (detectors) shall conform with and be installed in accordance with the Ontario Building Code and manufacturer s requirements 3.05 PLUMBING (1) All plumbing, pipes and plumbing fixtures shall be kept in good working condition and free from leaks and defects, and all water pipes and appurtenances thereto shall be protected from freezing. (2) All plumbing shall be connected to the sewage system through a water seal traps BATHROOMS AND TOILET ROOMS (1) Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, washbasin and a bathtub or suitable shower unit. Every washbasin, bathtub or shower shall have an adequate supply of hot and cold running water and every water closet shall have a suitable supply of running water. (2) All bathrooms and or toilet rooms shall be accessible from within the dwelling unit. (3) All bathrooms and toilet rooms shall be fully enclosed and with a door capable of being closed so as to provide privacy for the occupant. (4) Where toilet or bathroom facilities are shared by occupants of residential accommodations, 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. (5) No toilet or urinal shall be located within a room that is used for; (a) the preparation, storing or consumption of food, or (b) sleeping purposes KITCHENS (1) Every dwelling unit shall contain a kitchen area equipped with; (a) a sink, served with hot and cold water where available, (b) a storage facilities, (c) a counter top work area and (d) a space for a stove and refrigerator. (2) There shall be at least 0.75 meters (30") clear space above any exposed cooking surface HEATING SYSTEMS (1) Every dwelling and building containing a dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor temperature of 21 degrees Celsius (70E F) in the dwelling unit. This temperature shall be capable of being maintained at the mean outdoor January temperature for Kirkland Lake. (2) The required heating system shall be maintained in good working condition so as to be capable of heating the dwelling safely to the required standard (3) 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.

9 Bylaw Property Standards Page 9 (4) No gas appliance or gas supply shall be installed, maintained, or permitted within any room used or intended to be used for sleeping purposes. (5) A furnace that services two or more dwelling units and is located adjacent to habitable spaces shall be enclosed with walls, ceiling and door having a fire resistance rating of not less than one hour CHIMNEYS (1) Any heating or cooling apparatus or equipment used in the process of burning fuel of combustible material shall be properly vented to the outside air by means of a smoke pipe vent pipe or similar adequate chimney. (2) Such heating or cooking apparatus or cooling equipment shall be properly connected to the chimney or flue by a permanently sealed connection. (3) All connections between gaseous and liquid fuel burning appliances and equipment shall be maintained in good repair. (4) Every chimney, smoke pipe, and flue in a dwelling building shall be maintained; so as to prevent gases from leaking into the dwelling or building and the maintenance shall include cleaning the flue of obstructions, filling open joints and repairing masonry ELECTRICAL SERVICES (1) Every dwelling and dwelling unit shall be wired for electrical facilities complying reasonably with the requirements of the Ontario Hydro. (2) Existing wiring and electrical equipment shall be in good, serviceable and safe condition, as required by Ontario Hydro. (3) All air conditioners shall be maintained in a safe mechanical and electrical condition. (4) The electrical wiring and all equipment and appliances shall be installed and maintained in good working order so as not to cause a fire or electrical shock or other hazard LIGHT (1) Every bathroom, toilet room, kitchen, laundry room, furnace room basement, cellar, storage room and non-habitable room shall be equipped with an operating light fixture. (2) Every habitable room, except for a kitchen, shall have a window or windows, skylights or translucent panels that face directly to the outside with an unobstructed light transmitting area of not less than ten percent of the floor area of such rooms. The glass area of a sash door may be considered as a portion of the required window area. (3) All public halls and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. (4) Every stairway, hall, cellar and basement, and every laundry, furnace and non-habitable work room in a dwelling or building shall have a permanently installed artificial lighting fixture that shall be maintained in good working order VENTILATION (1) Every habitable room shall have an opening or openings for natural ventilation and such openings shall have a minimum aggregate unobstructed free flow area of 0.3 three square meters (3 sq. ft.). (2) An opening for natural ventilation may be omitted from a kitchen, living room or livingdining room if mechanical ventilation is provided, which changes the air once each hour.

10 Bylaw Property Standards Page 10 (3) Every bathroom or toilet room shall be provided with an opening or openings for natural ventilation, or a system of mechanical ventilation. (4) All mechanical ventilation systems shall be maintained in a good operating condition OCCUPANCY STANDARDS (1) No person shall use or permit the use of a non-habitable room in a dwelling for a habitable room purpose. (2) The maximum number of occupants in a dwelling unit shall not exceed one person per 10 square meters (108 sq. ft.) of habitable floor area. Any child under one year of age shall not be counted when computing the number of occupants. Any child over one year, but less than twelve years shall be deemed one-half person. (3) The floor area under a ceiling which is less than 2.1 meters ( 7 ft.) high shall not be counted for the purpose of computing habitable room space. (4) Every room used for sleeping purposes in a dwelling or dwelling unit shall provide a minimum width of 2 meters (6.5 feet) and a minimum floor area of 6.0 sq meters (65 sq. ft.). The corresponding floor area shall not be less than 6.0 sq. meters (65 sq. Ft.) for the first occupant and not less than 4.0 sq. meters (43 sq. ft.) for each additional occupant. PART IV BURNT OR VACANT BUILDINGS 4.01 BURNT MATERIAL AND/OR DEMOLISHED MATERIAL (1) In the event of fire or explosion, damaged or partially burned material shall be removed from the property, except that such material may be stored within the barricaded fire damaged building or unit for a period not exceeding sixty days or until investigations are completed by the fire authorities. (2) In the event, the building or accessory structure is beyond repair, the land shall be cleared of all remains and left in a graded, level and tidy condition UNOCCUPIED BUILDINGS (1) Where any property is unoccupied, 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. (2) All materials used for boarding up unoccupied buildings shall be covered and maintained with a preservative which is color-coordinated to exterior finish of the building. (3) Where a building remains vacant for a period of more than ninety days, the owner or his agent shall insure that all utilities serving the building are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property. (4) Subsection 4.02.(3) does not apply where such utilities are necessary for the safety or security of the building JURISDICTION PART V ADMINISTRATION AND ENFORCEMENT (1) This By-law shall apply to all property within the limits of the Corporation. (2) The imperial measurements contained in this By-law are given for reference only.

11 Bylaw Property Standards Page ENFORCEMENT AND PENALTIES (1) The administration, enforcement and penalties of this By-law shall follow the procedures as set out in the Building Code Act S.O. 1992, c.23 and any amendments thereto; 5.03 OFFICERS (1) The Council of the municipality shall appoint a Property Standards Officer(s) to be responsible for the administration and enforcement of this By-law PROPERTY STANDARDS COMMITTEE (1) Council shall appoint at large, by By-law of Council no fewer than three (3) persons of the municipality to the Property Standards Committee for a term of office concurrent with Council VALIDITY (1) If an article of this By-law is for any reason held to be invalid, the remaining articles shall remain in effect until repealed. (2) 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 EFFECTIVE DATE (1) This By-law comes into effect on the date of enactment REPEAL (1) By-law is hereby repealed. READ a first, second and third time in open Council this 18th day of May Mayor Clerk