THE CORPORATION OF THE TOWN OF KIRKLAND LAKE BY-LAW NO. 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 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. 1.1. Definitions PART I 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. 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. 3. Bathroom means a room with facilities for bathing or showering with or without a water closet and wash basin. 4. Building means any structure used or intended for supporting or sheltering any use of occupancy. 5. Building Code Act means the Building Code Act, S.O. 1992, c.23, as amended. 6. Chief of the Fire Department means Chief of the Fire Department of the Town. 7. Committee As defined under section 15.1of the Building Code Act. 8. Council means the Council of the Corporation of the Town of Kirkland Lake. 9. 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. 10. 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. 11. Fence means a barrier constructed of chain link metal, or of wood, stone, metal or material having an equivalent degree of strength. 12. 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. 13. 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. 14. Gate means a swinging or sliding barrier used to fill or close an access and shall be comprised of like material as the fence.
Page 2 of 9 15. 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. 16. Habitable Room means any room in a dwelling unit used or intended to be used for living, sleeping, cooking or eating purposes. 17. Illicit Marihuana Grow Operations means a property or portion of a property that a police force has identified in writing to the Town pursuant to subsection 447.2 of the Municipal Act, 2001 as having contained a marijuana grow operation and may also include an identified Clandestine and methamphetamine drug operations. 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 exit or access to exits including, 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: bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storey s, or 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 Land, building or structure or part thereof, capable of being used for other than residential purposes. 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 As defined under section 15.1of the Building Code Act. 27. Officer means a Property Standards Officer who has been assigned the responsibility of administering and enforcing this by-law or a member of the Fire Department who has been assigned by the Fire Chief the responsibility of administering and enforcing subsection 3.3. Fire protection and other areas of this By-law relating to Fire Safety. 28. Owner means, as defined under section 15.1of the Building Code Act. 29. Person Includes, not only an individual, but also a body corporate and any unincorporated association, partnership, contractor, company, owner, or lessee. 30. "Police force" means a municipal police force, the Ontario Provincial Police or the Royal Canadian Mounted Police. 31. Property As defined under section 15.1of the Building Code Act. 32. Repair As defined under section 15.1of the Building Code Act. 33. Residential Property means land, building or structure used, capable of being used, designed or intended for residential use. 34. Salvage Yard or Shop means, 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 use or sale. 35. Sanitary facility means a room or rooms containing one or more toilets, washbasins, bathtubs or showers or any combination thereof and includes a toilet room. 36. 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.
Page 3 of 9 37. Sewerage System means the municipal sanitary sewerage system or a private sewage disposal system approved by the Medical Officer of Health. 38. 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. 39. Standards means the standards of physical condition for the maintenance and of occupancy prescribed for property by this by-law. 40. Toilet Room means a room containing a water closet and wash basin. 41. Town means The Corporation of the Town of Kirkland Lake. 42. Yard means that part of the lot unoccupied by the main building and includes vacant land. PART 2 GENERAL STANDARDS FOR ALL PROPERTIES 2.1. Yards 1. Every yard, including vacant lots shall be kept clean and free from dilapidated, collapsed or partially constructed structures which are not currently under construction. 2. 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. 3. 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 an effective screen from public view by a visual barrier which is uniform, such as a closed boarded fence or the equivalent thereof no less than 1.8 meters ( 6.0 ft.) and maintained in accordance with this By-law. 2.2. 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. 2.3. 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. 2.5. Accessory Buildings 1. Accessory buildings shall be maintained in structurally sound and kept in good repair. 2. Exteriors of accessory buildings shall be kept weather resistant through the use of appropriate weather resistant material. 2.6. Signs and Fences 1. 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. 2. Fences shall be maintained in structurally sound and kept in good repair.
Page 4 of 9 3. Every fence shall be kept free from objectionable markings, painted slogans, stains or other defacements 2.7. Garbage Disposal 1. Every building, dwelling and dwelling unit shall be provided with sufficient number of receptacles to contain all garbage, refuse 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. Plastic bags shall not be stored outdoors unless protected from damage. 2.8. Pest Prevention 1. A building shall be kept reasonably free of rodents, vermin and insects at all times. All necessary steps shall be taken to eliminate the insects, rodents or vermin and to eliminate the condition so as to prevent its recurrence. Methods used for exterminating such pests shall be in accordance with the appropriate acts or regulations 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. 2.9. 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 building shall be adequately waterproofed so as to prevent the infiltration of moisture. 2.10. 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. 3. If in the opinion of Officer the structural capacity of any part of any building or structure including accessory buildings is in doubt, the officer may require the owner to be responsible for submitting an inspection report, prepared sealed and signed by a professional engineer who is qualified in the pertinent field and licensed by the association of Professional Engineers of Ontario. 2.11. 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. 2.12. 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.
Page 5 of 9 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. 2.13. 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, weather stripping, broken glass and missing or defective door and window hardware shall be repaired or replaced. 2.14. 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. 2.15. 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. 2.16. Walls, Floors, and Ceilings 1. 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. 2. The floor of every bathroom, shower-room and sanitary facility shall be so maintained as to be resistant to water and readily cleaned. 3. Every wall and ceiling finish shall be maintained in a clean condition and free from holes, loose coverings or other defects. 4. Where fire resistant walls exist between separate dwelling units, they shall be maintained in a condition which maintains their fire resistant quality. 5. Walls surrounding showers and bathtubs shall be impervious to water. 2.17. 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, shall be maintained so as to prevent gases from leaking into the building and the maintenance shall include cleaning the flue of obstructions, filling open joints and repairing masonry. PART 3 STANDARDS FOR RESIDENTIAL OCCUPANCY 3.1. General 1. Every interior surface and finishes of floors, walls and ceilings shall be maintained: a. In good repair, b. Be provide with a smooth surface so as to permit cleaning and where paint is used as such surface coating it shall be maintained and painted as necessary for the purpose of cleanliness. c. Be free of holes, cracks loose plaster or other material.
Page 6 of 9 3.2. Egress 1. Every dwelling unit shall immediately access to not fewer than two non-obstructed means of egress located as remotely as possible from one another and leading to safe and open space at or near ground level. 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 storey s in building height, and b. The means of egress is an exterior door located at street or near ground level. 3. An access or egress from each dwelling unit shall be unobstructed and be provided without passing through any other dwelling unit, an attached or built-in garage, or a furnace room. 3.3. Fire protection 1. Fire protection falls under the authority of the Fire Code and the local Fire Department. 3.4. 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 43 degrees Celsius. 3.5. 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. 3.6. Bathrooms and Sanitary facilities 1. Every dwelling unit shall contain a bathroom consisting of at least one fully operational a. 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 sanitary facilities a. Shall be accessible from within the dwelling unit and b. Be fully enclosed with a door capable of being closed so as to provide privacy for the occupant. 3. 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. 4. 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. 3.7. 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. 3.8 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 22 degrees Celsius in the dwelling unit. This temperature shall be capable of being maintained at the mean outdoor January temperature for Kirkland Lake. For rented dwellings please refer to the Kirkland Lake heating By-law #78-69. 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. Only heating equipment approved for use by a recognized standards and testing authority shall be provided in a room used or intended for use for sleeping purposes.
Page 7 of 9 4. No room heater shall be placed so as to cause a fire hazard to walls, curtains, and furniture, nor impede the free movement of persons within the room where the heater is located. 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 30 min but existing membranes consisting of lath and plaster or gypsum board are deemed to be in compliance. 3.9. Electrical Services 1. Every dwelling and dwelling unit shall be wired for electricity and shall be connected to the Ontario Hydro network. 2. Electrical fixtures, switches, receptacles and connections to them shall be maintained in a safe and complete condition and in good working order. 3. Every dwelling and dwelling unit shall be wired for electrical facilities. It being understood, the Ontario Electrical Safety Code compliance rests with the Ontario Electrical Safety Authority (ESA). 3.10. Light 1. Every bathroom, toilet room, kitchen, laundry room, furnace room basement, cellar, and storage room shall be equipped with an operating light fixture. 2. All public halls, corridors and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. 3. 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. 4. Every habitable room, except for a kitchen, shall have a window or windows, skylights or translucent panels that face directly to the outside. The glass area of a sash door may be considered to comply. 3.11. 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 0.28 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. 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. 3.12. 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 (1) person per 10 square meters (108 sq. ft.) of habitable floor area. Any child less than twelve (12) years shall be deemed one-half (1/2) person. 3. The minimum floor height shall not be less than 1.95 meters over the entire area or the minimum room height shall not be less than 2.03 meters over at least 50% or the floor area, provided that any part of the floor having a clear height of less than 1.4 meters shall not be considered in calculating the required floor area. 4. Every room used for sleeping purposes in a dwelling or dwelling unit shall provide a minimum width of 2 meters and a minimum floor area of 6.0 sq meters. The corresponding floor area shall not be less than 6.0 sq. meters for the first occupant and not less than 4.0 sq. meters for each additional occupant.
Page 8 of 9 PART 4 FIRE DAMAGED- DEMOLITION VACANT BUILDINGS 4.1. Fire Damaged Buildings or Materials 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 until investigations are completed by 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. 4.2. Demolition 1. No person shall commence, conduct or permit to be commenced or conducted any work in the nature of demolition or removal of a building or part thereof unless a permit is obtained. 2. Upon the completion of demolition, the entire site shall be cleared and cleaned of all debris, left free from holes or excavations and provided and maintained with a suitable ground cover. 3. Where a building, accessory building or structure is being demolished, every precaution shall be taken to protect the adjoining property and the public. 4.3. Vacant or Unoccupied Buildings 1. Where any property 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 danger and shall effectively prevent the entrance thereto of all unauthorized persons. 2. All materials used for boarding up unoccupied, vacant or damaged buildings shall be: a. Covered with a suitable durable material which resists weathering, b. Installed on the exterior and properly fitted to the size of the opening, and c. Securely fastened. 3. Where a building remains vacant for a period of more than ninety (90) 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 4.3.3 does not apply where such utilities are necessary for the safety or security of the building. PART 5 ILLICIT MARIHUANA GROW OPERATIONS 5.1. Prohibition 1. No person or Owner shall have, cause, permit or allow an illicit marihuana grow operation on or in a property. 5.2. Inspection 1. Due to the inherent risk associated to Illicit Marihuana Grow Operations and in accordance to Section 15.8 of the Building Code Act. Every Owner of a property that has been declared to be a Illicit Marihuana Grow Operations shall: a. Provide a report on the condition of the property from experts in (i) air quality, (ii) electrical systems & (iii) structural issues. b. Any conditions identified under 5.2.1.a. of this Bylaw shall be corrected under the direction of a professional in the field of their expertise, 2. The order referred to under sub section 5.2.1 of this Bylaw shall be register on title in accordance to 15.2 of the Building Code Act. And include a schedule along with the order that will state: This property has been identified as having been used as an Illicit Marihuana Grow Operation. Operations of this nature are well known to have detrimental effects on the air quality, electrical system and structural elements within the structure. Orders have been issued requesting the owner provide reports on and correct and identified conditions affecting the above noted elements, however, as yet these orders have not been complied with. Therefore it is the opinion of the Town that this property should not be occupied until these reports have been received and any identified conditions corrected.
Page 9 of 9 PART 6 ADMINISTRATION AND ENFORCEMENT 6.1. Jurisdiction 1. This By-law shall apply to all property within the limits of the Town. 2. The imperial measurements contained in this By-law are given for reference only. 6.2. 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; 6.3. Officers 1. The Council of the Town shall appoint a Property Standards Officer(s) to be responsible for the administration and enforcement of this By-law. 6.4. Property Standards Committee 1. Council shall appoint at large, by By-law of Council no fewer than three (3) persons of the Town to the Property Standards Committee for a term of office concurrent with Council. 6.5. INTERPRETATION 1. In this by-law, a word interpreted in the singular number has a corresponding meaning when used in the plural. 2. Where a provision of this Bylaw conflicts with a provision of another Bylaw in force in the Town, the provisions that establishes the higher standard in terms of protecting the health, safety and welfare of the general public and the environmental well-being of the Town, shall prevail to the extent of the conflict. 3. Nothing in this by-law is intended to suggest that existed buildings and uses that are lawful shall be made to be brought into conformity with new/updated legislative requirements (e.g. Ontario Building Code and/or other applicable legislation) unless otherwise required by law. 4. Despite subsection 6.5. 3., any new construction, new uses, or unlawful building or uses, shall be required to meet the current legislative standards together with the provisions as detailed in this by-law. 6.6. VALIDITY 1. It is declared that if any part, section, subsection, article, sentence clause or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such part, section, subsection, article, sentence clause or parts shall not affect the validity of the Bylaw as a whole or any part thereof, other than the part, section, subsection, article, sentence clause or parts so declared to be invalid and it is hereby declared to be the intention that all remaining part, section, subsection, article, sentence clause, parts or provisions of this Bylaw shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid. 6.7. Effective Date 1. This By-law comes into effect on the date of enactment. 6.8. Repeal 1. By-law 99-033 is hereby repealed. READ a first, second and third time, enacted and passed 18 th day of February 2014. William Enouy, Mayor Jo Ann Ducharme, Clerk