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2018-012 Property StandardsThe Corporation of The Township of Oro-Medonte By -Law No. 2018-012 Being a By -Law Prescribing Standards for the Maintenance and Occupancy of the Property. ("Property Standards") Whereas Section 15.1(3) of the Building Code Act, 1992, S.O. 1992, C.23, as amended, authorizes the Council of a municipality to pass a by-law prescribing standards for the maintenance and occupancy of property within the municipality and for prohibiting the occupancy or use of such property that does not conform to the standards; and for requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or requiring the site to cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition; And Whereas an Official Plan that includes provisions relating to property conditions is in effect in the Township of Oro-Medonte; And Whereas Section 15.2 of the Building Code Act provides for the inspections of a property by a Property Standards Officer and the making of orders and Section 15.3 provides for the appeal and confirmation process for such orders; And Whereas Section 15.4 of the Building Code Act provides that where an order made by a Property Standards Officer has not been complied with, a municipality may cause the property to be repaired or demolished, the cost of which constitutes a lien on the land; And Whereas Section 15.5 of the Building Code Act provides that after inspecting a property, a Property Standards Officer who is of the opinion that the property is in compliance with the standards established in this by-law may issue a certificate of compliance to the owner; And Whereas Section 15.6 of the Building Code Act provides that where a by-law is passed under Section 15.1 of said by-law shall provide for the establishment of a Committee composed of such persons, not fewer than three, as the Council considers advisable to hold office for such term and on such conditions as the by- law may establish; And Whereas Section 15.7 of the Building Code Act provides that where a Property Standards Officer is satisfied there is non -conformity with the standards in this by- law to such extent as to pose an immediate danger to the health and safety of any person, a municipality may cause the property to be repaired or demolished immediately, the costs of which constitutes a lien on the land; And Whereas Section 15.8 of the Building Code Act provides for the inspection powers of a Property Standards Officer; Page 1 of 25 NOW THEREFORE, the Council of The Corporation of the Township of Oro- Medonte enacts as follows: '1. That Appendix "A' and Schedule "A" form part of this By-law. 2. This By -Law shall come into force and effect on the date of its final passing. By-law read a First, Second and Third time, and Passed this 14th day of February, 2018. The Corporation of the Township of Oro-Medonte Mayor, H.S. Deputy Clerk, Janette Teeter Page 2 of 25 Table of Contents Section Topic Page 1.0 Title and Scope 5 1.1 Short Title 5 1.2 Scope 5 2.0 Applied Meaning of Words and Terms 5 2.1 Interpretation 5 2.2 Definitions 6 3.0 Environmental and Property Requirements Intended Primarily to Protect Persons Who May be on or Adjacent to the Property and to Maintain Property Values 8 3.1 Exterior Property Areas 8 3.1.1 General Requirements 8 3.1.2 Drainage 9 3.1.3 Swimming Pools 3.1.4 Health 9 3.1.5 Buffering 9 3.2 Buildings and Accessory Buildings 10 3.2.1 Structural Capacity 10 3.2.2 Accident Protection 10 3.2.3 Health 10 3.2.4 Retaining Walls 10 3.2.5 Foundations 10 3.2.6 Exterior Walls, Columns and Beams 11 3.2.7 Exterior Doors, Windows and Other Openings 12 3.2.8 Exterior Stairs, Verandas, Porches, Decks Loading Docks Balconies 12 3.2.9 Roof and Roof Structures 13 3.2.10 Exterior Maintenance 13 3.2.11 Signs 14 3.2.12 Fences 14 3.2.13 Craneways, Gantries, Lightning Arrestors, Television and Radio Antennae and Structures of Similar Character 14 4.0 Requirements Intended Primarily to Protect Tenant Occupants and Users of Buildings and Accessory Buildings 15 4.1 Exterior Property Areas 15 4.1.1 Application 15 4.1.2 General Requirements 15 4.2 Buildings and Accessory Buildings 15 4.2.1 Application 15 4.2.2 Structural Capacity 15 4.2.3 Accident Protection 16 4.2.4 Accident Prevention 16 4.2.5 Health and Refuse Disposal 16 4.2.6 Interior Surfaces, Floors, Stairs, Windows and Doors 17 4.2.7 Elevators, Hoists, Lifts, Moving Stairs and Walkways 18 4.2.8 Heating Systems, Chimneys, Vents, Fuel Burning Appliances, Fireplaces 18 4.2.9 Electrical System 19 4.2.10 Lighting and Ventilation 20 4.2.11 Plumbing, Plumbing Fixtures, Drains 21 4.2.12 Kitchen Facilities 22 4.2.13 Security 22 Page 3 of 25 Table of Contents Section Topic Page 4.2.14 Recreational Facilities and Rooms 22 5.0 Administration and Enforcement 23 5.1.1 Enforcement 23 5.1.2 Compliance 23 5.1.3 Certificate of Compliance 23 5.1.4 Penalty 23 5.1.5 Property Standards Committee 23 5.1.6 Validity 24 Schedule "A" to By-law No. 2018-012 25 Page 4 of 25 Appendix "A" To By-law No. 2018-012 Part 1 1.0 Title and Scope Section 1 1.1 Short Title 1.1.1 This By-law may be cited as the "Property Standards By-law". Section 2 1.2 Scope 1.2.1 The standards for maintenance and occupancy of property set forth in this By-law are hereby prescribed and adopted as the minimum standards for all properties within the Township of Oro-Medonte. 1.2.2 No person shall occupy or use, or permit the occupancy or use, of any property that does not conform to the standards prescribed in this By-law. 1.2.3 All property within the Township that does not conform with the standards contained in this By-law shall be repaired and maintained to conform with the standards or the site to be cleared of all buildings, structures, debris or refuse and left in a graded and levelled conditions. 1.2.4 This By-law does not apply so as to prevent a farm, meeting the definition of "agriculture operation" under the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1 from carry out a normal farm practice as provided for and defined under that act. Part 2 2.0 Applied Meaning of Words and Terms Section 1 2.1 Interpretations 2.1.1 Nomenclature: Throughout this By-law, the following numbering system is used: the By-law is divided into 5 Parts, each of which is divided into Sections. The Sections may further be divided into Subsections. Thus. 2.1.2 is to be interpreted as meaning Part 2, Section 1, Subsection 2. The Sections and Subsections may also be subdivided into Paragraphs (designated (1), (2), etc.), Sentences (designated (a), (b), etc.), and Clauses (designated (i), (ii), etc.): 2.1.2 Interchangeability: Words used in the present tense include the future, words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural include the singular. 2.1.3 Terms Defined: Unless otherwise expressly stated, terms shall, for the purpose of this By-law, have the meaning indicated in Part 2, Section 2, of this By-law. 2.1.4 Terms Not Defined: Where terms are not defined under the provisions of this By-law, they shall have the meanings ascribed to them in the Building Code or, if not defined in the Building Code, they shall have the meaning ascribed in the Ontario Fire Code or, if not defined in the Ontario Fire Page 5 of 25 Code, they shall have ascribed to them their ordinary accepted meaning, and such as the context herein may imply. Section 2 2.2 Definitions For the purpose of this By-law, the following definitions shall apply: "Abandon" means to cease or suspend from developing or maintaining a building or use; "Accessory Building" means a detached building or structure, not permitted to be used for human habitation, that is subordinate to the primary use of the same property; "Approved" means acceptance by the Property Standards Officer and/or the Medical Officer of Health; "Basement" means that space of a building that is partially below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade; "Boat" means any vessel which floats on the surface of the water and is capable of carrying people or material whether motorized or not and includes but is not limited to pleasure craft, scows, personal water craft, canoes, row boats, pontoon boats and commercial boats, when on the water or on land; "Building" means a building as defined in the Building Code Act, or a structure used or intended to be used for supporting or sheltering any use or occupancy; "Building Code" means the in force Ontario Regulation(s) made under Section 34 of the Building Code Act, that being Ontario Regulation 350/06 and/or Ontario Regulation 332/12, and all amendments thereto; "Building Code Act" means the Building Code Act, 1992, S.O. 1992, c. 23, as amended. "Building Inspector" means an inspector appointed by Council for the purpose of administering and enforcing the By-law passed under Section 15.1 of the Building Code Act; "Council" means the Council for the Township of Oro-Medonte; "Dwelling" means a building or structure or part of a building or structure, occupied or capable of being occupied, in whole or in part for the purpose of human habitation; "Dwelling Unit" means a room or a suite of rooms operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping, and sanitary facilities; "Exterior Property Areas" means the property, exclusive of buildings and accessory buildings; "Fence" means a structure, wall, barrier, other than a building, erected at grade for the purpose of defining boundaries of the property, separating open space, restricting ingress to or egress from property, providing security or protection to property or acting as a visual or acoustic screen; Page 6 of 25 "Ground Cover" means organic or non-organic material applied to prevent the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or other forms of landscaping; "Habitable Room" means a room or enclosed floor space used, or capable of being used for living, eating, sleeping or domestic food preparation purposes, but excludes a bathroom, water closet compartment, laundry, pantry, foyer, lobby, hall, passageway, corridor, closet, stairway, basement or cellar recreation room, storage room, furnace room or other accessory space used for service, maintenance or access within a building; "Medical Officer of Health" means the Medical Officer of Health for the Simcoe District Health Unit; "Noxious Weeds" means any weed classed as noxious by the Weed Control Act of Province of Ontario; "Occupant" means any person or persons over the age of eighteen (18) years in possession of the property; "Openable Area" means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors; "Owner" means, (i) 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 the persons own account or as agent or trustee of any other person, or who would receive the rent if the land and premises were let; and (ii) 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 the property; "Person" means any human being, firm, corporation, incorporated company, association or partnership, agent or trustee and the heirs, executors or other legal representatives of a person to whom the content can apply, according to law; "Property" means a building or structure, or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls, and erections thereon, whether heretofore or hereafter erected, and also includes vacant property; "Property Standards Committee" means the Property Standards Committee established pursuant to Section 15.6 of the Building Code Act and this By-law; "Property Standards Officer" means an Officer appointed by the Council for the purpose of administering and enforcing the By-law passed under Section 15.1 of the Building Code Act; "Residence Building" means a building containing within its walls one (1) or more individuals living together with living and sleeping facilities, and includes a dwelling unit and a rooming unit; "Residence Unit" means one (1) or more rooms arranged for the use of one (1) or more individuals living together with living and sleeping facilities, and includes a dwelling unit and a rooming unit; Page 7 of 25 "Rooming Unit" means one (1) or more habitable rooms with shared sanitary, cooking or eating facilities, or with no cooking or eating facilities, which are rented or capable of being rented to a person for gain. "Sewage" means water -carried wastes, together with such ground, surface and storm waters as may be present; "Sign" means an advertising device or notice and means any medium, including its structure and other component parts, which is used or capable of being used to attract attention to a specific matter, other than itself, for identification, information or advertising purposes; "Township" means the Corporation of the Township of Oro-Medonte; "Unsafe Condition" means any condition that poses an immediate danger to the health and safety of any person on or about the property; Part 3 3.0 Environmental and Property Requirements Intended Primarily to Protect Persons Who May Be On or Adjacent to The Property and to Maintain Property Values Section 1 3.1 Exterior Property Areas 3.1.1 General Requirements (1) Exterior property area shall be kept in a neat and tidy condition, and free from: (a) rubbish, garbage, brush, waste, litter, and other debris; (b) injurious insects, termites, rodents, vermin and other pests; (c) noxious weeds as identified in the Noxious Weed Act; (d) grass and weeds in excess of thirty (30) centimeters in height; (e) dead, decayed or damaged trees, or other natural growth and the branches and limbs thereof which create an unsafe condition; (f) wrecked, dismantled, derelict, inoperative, discarded, unused or unlicensed vehicles or trailers, except in an establishment authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition and screened from view from adjacent properties; (g) wrecked, dismantled, derelict, inoperative, discarded or unused boats and any component parts thereto, except in an establishment authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition and screened from view from adjacent properties; (h) machinery or other parts thereof, or other objects or parts thereof, or accumulations of materials or conditions that create an unsafe condition or unsightly condition out of character with the surrounding environment; (i) dilapidated or collapsed structures or erections and any unprotected well or other unsafe condition; Page 8 of 25 (2) Suitable ground cover shall be provided to prevent erosion of the soil. Where grass forms part of the ground cover and has been killed due to the application of calcium chloride or other chemicals to walkways or driveways adjacent to a property, or for other reasons, such dead areas shall be re - sodded or re -seeded as often as required so as to restore the grass to a living condition. (3) All conditions of development or redevelopment including, but not limited to, drainage, ground cover, hedges, trees, landscaping and recreation equipment shall be maintained. The Property Standards Officer may accept alternatives provided the intent of the original conditions of approval are maintained. (4) Landscaping and general maintenance of the exterior property areas shall not detract from the landscaping and the general maintenance of the neighborhood of which they are a part. 3.1.2 Drainage (1) Exterior property areas shall be graded and maintained in such a manner as to prevent the excessive or recurrent ponding of storm water thereon, and shall be cultivated or protected with a suitable ground cover to prevent erosion of the soil. All catch basins and swales shall be installed and maintained so to not impede to natural flow of water. (2) The storm water run-off from all downspouts of impervious surfaces shall be contained within the limits of the property from which it originated until absorbed by the soil or to a natural or artificially -created swale, ditch or watercourse. 3.1.3 Swimming Pools (1) Every swimming pool shall be maintained, a) in a clean and safe condition; and b) free from leaks and faulty components and equipment. (2) Every purification system for a swimming pool shall be maintained so that water in the pool is properly filtered and purified so as not to present a health hazard. 3.1.4 Health (1) All sewage shall be discharged into an approved private sewage disposal system. 3.1.5 Buffering (1) Property which, because of its use of occupancy, or for other reasons, create a nuisance to adjacent properties or to the neighborhood or to users of streets or parks, shall be buffered from such properties or public areas so as to minimize the effect and shall make: (a) provision for and maintenance of an effective barrier to prevent lighting and vehicle headlights from shinning directly into a residence unit; (b) provisions for and maintenance for an effective barrier to prevent wind-blown waste, wrappings, debris and the like from encroaching on the adjacent properties; and (c) provisions for and maintenance of a visual screen, to minimize the visual impact of nuisance to persons at grade on or adjacent to the property. Page 9 of 25 Section 2 3.2 Buildings and Accessory Buildings 3.2.1 Structural Capacity (1) A building, accessory building, or any part thereof shall be capable of resisting, with at least the factor of safety specified in the Building Code, its own weight and the load that may be applied to it through natural causes, namely, snow, wind and all other such causes, all as set out in the Building Code, and without exceeding the soil capacity and the maximum differential or other settlement as specified therein. An inspection report prepared, stamped and signed by an engineer qualified in the pertinent field and licensed in the Province of Ontario, shall be submitted for approval when the structural capacity of any part of a building or accessory building, in the opinion of a Property Standards Officer or Building Inspector, is in doubt. 3.2.2 Accident Protection (1) When an unsafe condition exists to persons in a building or accessory building, the Building Code shall apply to the extent necessary to abate the unsafe condition. In the event that strict application of the Building Code is not practical, the Property Standards Officer may accept alternative measures provided the standards of safety that results is generally equivalent to the standards provided by the Building Code. 3.2.3 Health (1) All buildings and accessory buildings on the property shall be kept free of garbage, refuse, and pests, such as rodents, vermin, termites and injurious insects. 3.2.4 Retaining Walls (1) Retaining walls shall be maintained in good repair and free from accident hazards. (2) Without restricting the generality of Paragraph (1), the maintenance required includes: (a) redesigning, repairing or replacing all deteriorated, damaged, misaligned or missing portions of the wall, or railings and guards appurtenant thereto; (b) installing subsoil drains where required to maintain the stability of the wall; (c) grouting masonry cracks; and (d) applying a coating of paint or equivalent preservative to all metal or wooden exposed components. 3.2.5 Foundations (1) Every foundation forming a part of a building or an accessory building shall be maintained in good repair so as to prevent settlement detrimental to the appearance of the building, or the entrance of moisture, vermin, termites and insects or rodents into the building. (2) Without limiting the generality of Paragraph (1), the maintenance of a foundation includes: (a) the jacking -up, underpinning or shoring of the foundation where necessary; Page 10 of 25 (b) the extension of footings and foundations below grade or regrading to provide adequate frost cover; (c) installing subsoil drains at the footing where such would be beneficial; (d) the grouting of masonry cracks; (e) waterproofing the wall and joints (f) the carrying out of such other work as may be required to overcome any existing settlement detrimental to the appearance of the building; (g) repairing or replacing decayed, damaged or weakened sills, piers, posts or other supports insect -proof by the application of suitable materials; (h) making sills, piers, posts or other supports insect -proof by the application of suitable materials; and (i) coating with preservative. 3.2.6 Exterior Walls, Columns and Beams (1) The components of every exterior wall of a building or an accessory building, and the exterior wall shall be maintained: (a) in good repair; (b) weather tight; (c) free from loose or unsecured objects or materials; (d) so as to prevent the entrance of insects or rodents; (e) so as to prevent deterioration due to weather, insects, vermin, termites, rodents and other animals; and (f) so as to prevent deterioration detrimental to the appearance of the building. (2) Without restricting the generality of Paragraph (1), maintenance of the exterior wall includes: (a) the application of materials to preserve all exterior wood and metal work or other materials not inherently resistant to weathering; (b) the applying of materials to improve or maintain a pleasant and satisfying appearance at least equal with that of the neighborhood; (c) the restoring, repairing or replacing of: (i.) the wall; (ii.) the masonry units and mortar; (iii.) the stucco, shingles or other cladding; (iv.) the coping; and (v.) the flashing and waterproofing or the wall and joint. (3) Exterior columns and beams shall be maintained in a good state of repair and any decorative trim shall be maintained in a safe condition. Where necessary, such columns, beams and trim shall be restored, repaired or replaced and suitably protected or treated against weathering, so as to prevent or remedy deterioration detrimental to the appearance of the building. Page 11 of 25 3.2.7. Exterior Doors, Windows and Other Openings (1) Shutters, doors, hatchways and all other exterior openings in a building or an accessory building shall be kept weather tight, and draft free. (2) Without restricting the generality of Paragraph (1), the maintenance includes: (a) painting or the applying of a similarly effective preservative; (b) the repair, replacement or renewing of damaged, decaying, or defective: (i.) doors; (ii.) door frames and casings; (iii.) windows sashes; (iv.) window frames and casings; (v.) shutters; and (vi.) screens. (c) refitting doors, windows and other transparent surfaces shall be kept clean so as to permit unimpeded visibility and unrestricted passage of light; (d) repairing or replacing defective or missing doors, windows and shutters; (e) re -glazing or fitting with a translucent substitute; (f) re -screening; (g) using other approved means of weatherproofing where the opening is used or required for ventilation or illumination and is not protected by a window, door or similar closure: (i.) screening with wire mesh, metal grills or other equivalent durable materials; or (ii.) other protection so as to effectively prevent the entry of rodents or vermin. (3) Glazed doors, windows and other transparent surfaces shall be kept clean so as to permit unimpeded visibility or unrestricted passage of light. (4) Nothing in Section 3.2.7. shall be interpreted as preventing doors, windows and other openings in an unoccupied building or accessory building from being protected from damage or to prevent entry, for such time as a building or accessory building remains unoccupied. (5) Materials used for protection in accordance with Paragraph (4), shall be afforded an application of paint, varnish or other colouring or preservative on the exterior, to maintain an appearance appropriate with the surrounding environment. 3.2.8. Exterior Stairs, Verandas, Porches, Decks, Loading Docks, Balconies (1) Every exterior stair, veranda, porch, deck, loading dock, balcony and every appurtenance thereto shall be maintained, re -constructed or repaired so as to be safe to use and capable of supporting the loads to which it may be subjected, as specified in the Building Code, and shall be kept in sound condition and good repair, free of all accident hazards and other deterioration or objects detrimental to the appearance of the building or accessory building. Page 12 of 25 (2) Without restricting the generality of Paragraph (1), the maintenance, reconstructing or repairing includes: (a) repairing or replacing treads, risers or floors that show excessive wear or are broken, warped, loose or otherwise defective; (b) repairing, renewing or supporting structural members that are rotted, deteriorated or loose; (c) providing, repairing or renewing guard rails, railings and balustrades; and (d) painting or the applying of other equivalent preservatives. 3.2.9 Roof and Roof Structures (1) The roof of a building or accessory building shall be weather tight and free from: 3.2.10 Exterior Maintenance (1) All exterior surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration from the original finish, or shall be suitably refinished by application of an equivalent preservative. (2) Appropriate measures shall be taken to remove any graffiti, markings, stains or other defacement, occurring on the exposed finished exterior surfaces and where necessary, to restore the surface and adjacent areas to, as near Page 13 of 25 (a) leaks; (b) loose or unsecured or unsafe objects and materials; (c) all other accident and fire hazards; (d) dangerous accumulation of ice and snow; and (e) other unsightly objects and conditions detrimental to the appearance of the building. (2) Roof decks and related guards shall be kept in a good state of repair. (3) The drainage from all roof surfaces shall discharge in a eavestrough or roof gutter and onward to a down pipe. (4) Every eavestrough, roof gutter and downpipe shall be kept: (a) in good repair; (b) in good working order; (c) water tight and free from leaks; (d) free from health and accident hazards; and (e) protected by painting or the applying of other equivalent preservatives. (5) Chimneys, smoke or vent stacks and other roof structures shall be maintained plumb and in good repair so as to be free from: (a) loose bricks, mortar and loose or broken capping; (b) loose or rusted stanchions, guy wires, braces and attachments; (c) any fire or accident hazard; and (d) unsightly objects and conditions detrimental to the appearance of the building. 3.2.10 Exterior Maintenance (1) All exterior surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained without visible deterioration from the original finish, or shall be suitably refinished by application of an equivalent preservative. (2) Appropriate measures shall be taken to remove any graffiti, markings, stains or other defacement, occurring on the exposed finished exterior surfaces and where necessary, to restore the surface and adjacent areas to, as near Page 13 of 25 as possible, their appearance before the markings, stains or defacement occurred. (3) In the event of fire or other disasters, measures shall be taken as soon as possible to make the damaged building or accessory building compatible with its environment. Without restricting the generality of the foregoing, such measures include: (a) making the building or accessory building safe; (b) repairing of damaged surfaces exposed to view; (c) cleaning any damaged surfaces exposed to view; and (d) refinishing so as to be in harmony with adjoining undamaged surfaces. (4) In the event the building or accessory building is beyond repair, the land shall be cleared of all remains and left in a graded level and tidy condition. 3.2.11 Signs (1) Signs and sign structures shall be maintained: (a) so as not to cause any unsafe conditions; (b) approved, in which case such sign shall be maintained as erected and approved in accordance with the Sign By-law. (c) without any visible deterioration of the sign and its structure when viewed from any property other than the property on which the sign is situated; and (d) as may additionally be required by the Township's Sign By-law. (2) Signs and sign structures that are discarded or abandon shall be removed from the property. 3.2.12 Fences (1) A fence on a property or separating adjoining property shall be kept: (a) protected by paint, treated with preservatives or other weather resistant materials unless the aesthetic characteristics of the fence, screen or enclosure are enhanced by the lack of such material; (b) in a structurally sound condition and plumb, unless specifically designed to be other than vertical; (c) in good repair and free of accident hazards; and (d) so as not present an unsightly appearance. 3.2.13 Craneways, Gantries, Lightning Arrestors, Television and Radio Antennae Part 4 and Structures of Similar Character (1) Craneways, gantries, lightning arrestors, television and radio antennae and structures of similar character shall be maintained: (a) plumb, unless specifically designed to be other than vertical; (b) in good repair and free of fire and accident hazards; (c) in a relatively rust -free condition; and (d) so as not to present an unsightly appearance. Page 14 of 25 4.0 Requirements Intended Primarily to Protect Tenant Occupants and Users of Buildings and Accessory Buildings Section 1 4.1 Exterior Property Areas (excluding buildings and accessory buildings) 4.1.1 Application (1) Exterior property areas of an occupied property shall comply with all requirements as set out in Section 4.1. 4.1.2 General Requirements (1) Sufficient lighting to exterior property areas shall be provided to minimize any danger to persons using existing walkways, and to alert persons with respect to anyone who may be loitering adjacent to an area which the occupants of the property or the public are likely to use. (2) Artificial lighting standards and fixtures shall be kept in a safe condition, in working order and in good visual condition. (3) Recreational areas shall be kept in a safe, usable condition, and equipment provided in connection therewith shall be safe and operable. (4) Communal walkways, driveways, ramps, parking areas and outside stairs and landings shall be promptly cleared of snow and appropriate measures shall be taken to minimize the risk of persons slipping or vehicles skidding on icy surfaces. (5) Area used for vehicle traffic and parking shall be paved with bituminous concrete or equivalent surfacing, or shall be surfaced with crushed stone or other suitable and reasonably dust -free substance, and shall be free from ponding and puddles and otherwise in good repair. (6) Paved communal parking areas shall be provided with suitable markings, such as painted lines, to indicated parking spaces, entry and egress for vehicles, maintained so as to be clearly visible. (7) Walkways shall be repaved, resurfaced or regraded as often as necessary to maintain a reasonably smooth, slip -free and safe walkway. Section 2 4.2 Buildings and Accessory Buildings 4.2.1 Application (1) In addition to complying with the requirements of Section 3.2 of this By-law, occupied buildings and accessory buildings shall comply with requirements of Section 4.2 of this By-law. 4.2.2 Structural Capacity (1) A building, accessory building or any part thereof shall be capable of resisting, with the factor of safety specified in the Building Code, its own weight and all the loads that may be applied thereto as a result of its existence and use all as set out in the Building Code and without exceeding the soil capacity and the maximum differential or other settlement as specified therein. An inspection report, prepared, stamped and signed by an engineer qualified in the pertinent field and licensed in the Province of Ontario, shall be submitted for approval when the structural capacity of any Page 15 of 25 part of a building or accessory building, in the opinion of a Property Standards Officer or Building Inspector, is in doubt. 4.2.3 Accident Protection (1) When an unsafe condition exists to persons in a building or accessory building, the Building Code shall apply to the extent necessary to abate the unsafe condition. In the event that strict application of the Building Code is not practical, the Property Standards Officer may accept alternative measures provided that standards of safety that results is generally equivalent to the standards provided by the detailed Building Code. (2) Without limiting the generality of the Paragraph (1), the abating of an unsafe condition includes: (a) the provision or repair of stairs, balustrades, railings, guards and screens so to minimize the risk of accidents; and (b) the elimination of other conditions which, in themselves are a hazard to life or which risk serious injury to persons normally in or about the subject building, accessory building, room suite of rooms or space. (3) Section 4.2.3 does not apply with respect to unsafe conditions, as such would relate to the property of persons. 4.2.4 Accident Prevention (1) When an unsafe condition exists to persons in a building or accessory building and such condition is regulated by the Fire Code, the Fire Code shall apply to the extent necessary to abate the unsafe condition. (2) Without limiting the generality of Paragraph (1), the abating of an unsafe condition includes: (a) the elimination of accident hazards; (b) the proper handling, storage and discharge of dangerous materials and chemicals; (c) the storage of combustible materials so as to minimize fire spread and permit the effective fire control; and (d) the control of hazardous industrial processes and the operations and the prevention of explosions. (3) Wrecked, dismantled, derelict, discarded, unused or unlicensed vehicles, boats or trailers shall be removed from parking garages where such vehicles create an unsafe condition. 4.2.5 Health and Refuse Disposal (1) Every residence building floor, having a common access corridor to individual apartments, shall be equipped with a garbage or refuse room accessible to all tenancies on the floor, and every residence building exceeding two stories in height shall have a garbage chute connecting the aforesaid rooms to a common room, or to an container at grade or, in the alternative to the forgoing, a compacting or garbage grinding disposal unit shall be installed in each tenancy and an central storage disposal facility provided. (2) In all other buildings and accessory buildings, sufficient rooms, containers and receptacles shall be provided to safely contain all garbage, rubbish, ashes, waste and other refuse, which shall not be allowed to accumulate but shall be removed or made available for removal in accordance with any applicable by-laws. Page 16 of 25 (3) The facilities required by Paragraph (1) and (2) shall be designed, installed and maintained in the manner required by the Building Code. (4) In the event that strict application of Paragraph (1) and (2) and (3) above are not practical, the Property Standards Officer may accept alternative measures provided that the standard is generally equivalent to the standard herein required so long as they comply with the Building Code (5) External containers and receptacles described in Paragraph (2) shall be screened for view and shall be provided with covers so that the material contained therein need not be exposed to view or to harmful insects, termites, rodents, vermin or other pests. Such covers shall at all times prevent the aforementioned exposure, except when the receptacles are actually being filled or emptied. (6) Garbage chutes, disposal rooms, containers and receptacles shall be exterminated and appropriate measures shall be taken to prevent their re- entry. (7) Harmful insects, termites, vermin, rodents and other pests shall be exterminated and appropriate measure taken to prevent their re-entry. (8) In a residence unit, openings in the exterior walls or roof shall be fitted and maintained as to protect all habitable space from water and weather entry, and so as to make such space free from drafts. (9) No residence unit shall be occupied or be permitted to be occupied in sufficient numbers to constitute, in the opinion of the Medical Officer of Health, a physical or mental hazard to any or all of the occupants. (10) No portion of a residence unit shall be used for human habitation unless: (a) the floors, walls and ceiling areas are watertight and free from dampness at all times; (b) the total window area, the total openable area for natural ventilation and the ceiling height are in accordance with the provisions of the provisions of the Building Code or, alternatively, ventilate and/or, mechanical ventilation is provided as prescribed in the Building Code. (c) the required minimum window area of every habitable room is entirely above grade of the ground adjoining such window well, whichever is the higher elevation; and (d) a heating system is provided and operated so as to maintain a minimum of not less than twenty-one (21) degrees Celsius between the fifteenth (15) day of September to the first (1) day of June of the following year. (11) Acoustical insulation shall be provided wherever required to prevent sound transmissions detrimental to health of any individual, or a muffling device shall be used to reduce such sound emissions to safe level. 4.2.6 Interior Surfaces, Floors, Stairs, Windows and Doors (1) Exposed interior surfaces shall be maintained: (a) in a clean, odour -free and sanitary condition, reasonable for the normal use or occupancy of the room, passageway, enclosure or space; (b) in good repair, free from holes, loose, broken, torn damaged or decayed materials; Page 17 of 25 (c) so as to afford the fire resistive properties and other protection for which they shall be designed; and (d) free of any graffiti, markings stains or other defacement. (2) In addition to the maintenance required by Paragraph (1), floors and stairs shall be maintained: (a) free of loose, warped or decayed boards and materials; and (b) free of depressions, protrusions, deterioration or other defects which could create an unsafe condition or which are out of character with the normal use of the area in which such defect occurs. (3) In addition to the maintenance required by Paragraph (1), windows and doors and their frames shall be maintained: (a) reasonably draft free; (b) properly operational in respect to all hinges, locks, pulls, knobs or other hardware; (c) so as to readily and fully open under normally applied pressure, without jamming or binding; and (d) so as to properly perform their intended functions. (4) The requirements of Section 3.2.7 shall also apply to all interior doors and windows. 4.2.7 Elevators, Hoists, Lifts, Moving Stairs and Walkways (1) Elevators, hoists, lifts and moving stairs and walkways shall be maintained: (a) in good working order and in an operative condition; (b) free of hazards that could cause an accident; and (c) in accordance with the requirements of the Building Code. 4.2.8 Heating Systems, Chimneys, Vents, Fuel Burning Appliances, Fireplaces (1) In a residence building, and where persons are employed in the duties and operations in an enclosed space or room within a building and not engaged in active physical activity, the heating system shall be capable of providing during normal hours of occupancy, sufficient heat in such spaces or rooms to maintain a temperature of not less than twenty-one (21) degrees Celsius. (2) The heating system required in Paragraph (1) shall be maintained in good working condition and shall be operated so as to be capable of heating all parts of the building safely to the required standards. (3) Fuel Burning Appliances shall: (a) have ample air supply to permit combustion to occur with optimum oxygen available. (b) be located in such a manner as to prevent impediment to the free movement of persons and overheating of adjacent materials and equipment; and (c) be provided with guards where necessary to minimize risk of accidents. (4) Where an appliance burns solid or liquid fuel, a storage place or receptacle for the storage of such fuel shall be provided and maintained in a safe location and shall be so constructed so as to be free from fire and accident hazards. Page 18 of 25 (5) An appliance that bums fuel shall be effectively vented to the outside air by means of a chimney, a flue, a smoke pipe, a vent pipe or as otherwise may be permitted by the Building Code, except that such venting is not required with respect to appliances that are designed, constructed and used so as not to require venting. (6) Fireplaces, vent pipes, exhaust hoods, chimneys, smoke pipes, smoke stacks, flues and ducts shall be constructed, anchored, protected and maintained so as to be in good repair and to prevent: (a) the heating of adjacent materials to unsafe temperature; (b) the entrance of noxious gases into the building; and (c) other fire and accident hazards. (7) Without restricting the generality of Paragraph (6) of this By-law, the maintenance includes: (a) cleaning obstructions from the chimney, flue smoke pipe or other ducts; (b) lining, repairing, or re -lining with fire resistive materials; (c) sealing open joints, repairing flashings and masonry; (d) using pipes or ducts of acceptable material and of adequate size for the chimney, flue, smoke pipe, vent pipe or similar duct; (e) replacing deteriorated or defective anchoring supports; and (f) periodic application of a weather coating material such as paint or other preservative treatment, unless constructed of materials inherently resistant to corrosion. (8) All of the following connections shall be maintained in good repair and in accordance with the requirements of the Building Code: (a) heating equipment, or (b) cooking equipment that burns or is designed or intended to bum liquid or gaseous fuel; and (c) the source of liquid or gaseous fuel. (9) Where there is fuel burning equipment in any occupied residence unit not occupied by the owner, and the owner is required by the lease or agreement to provide fuel for the occupant, an adequate supply of fuel, in a convenient safe location, shall be available at all times for the equipment. 4.2.9 Electrical System (1) A residence unit and, where required by the Building Code, buildings and accessory buildings shall be: (a) connected to an electrical supply system and wired to receive electricity; (b) provided with sufficient electrical outlets in every room or space that the use of extension cords or multi -outlet attachments are not required on a permanent basis; and (c) provided with an adequate supply of electrical power available at all times in all parts of every room. (2) The capacity of the connection to the building and the system of circuits distributing the electrical supply with the building shall be adequate for the use and intended use shall be in compliance with the Building Code. Page 19 of 25 (3) Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be installed and maintained in all areas so that the work or operations normally carried out in such areas or the use of such areas, can be undertaken in safety and without undue eye strain. 4.2.10 Lighting and Ventilation (1) Adequate lighting fixtures shall be installed and maintained in all areas so that the work or operations normally carried out in such areas, or use of such areas, can be undertaken in safety and without undue eye strain. (2) Sufficient ventilation shall be provided to all areas so as to prevent accumulation of heat, dust, vapours, odours, carbon monoxide and other gases likely to create a potential fire hazard or to become a nuisance. (3) Every kitchen, bathroom, shower room and toilet room shall be provided with adequate natural or artificial means of ventilation. (4) Where any system of mechanical ventilation is provided for in any building or accessory building, room or series of rooms, such system including monitoring devices for air contaminants or operability, shall be: (a) capable of completely changing the air in the room in accordance with the requirements of the Building Code; and (b) regularly cleaned and maintained in working order, good repair, and in a safe condition at all times (5) Ventilating systems shall be installed and maintained so as to prevent, in an emergency, the rapid spread of heat, flames, or smoke through the system. (6) Air for ventilating purposes shall be taken from the exterior or shall be quality controlled. (7) Air intake openings shall be located so as to minimize the possibility of fire, smoke, fumes or foreign matter being drawn into the building and shall provide airfrom an uncontaminated source. (8) Exhaust openings shall be located so that the exhaust air will not create a nuisance or a fire hazard. (9) Exhaust air, the contents of which may contain odours, fumes or vapours shall not be circulated to other occupied spaces within a building or accessory building. (10) In residence units: (a) every habitable room, except a kitchen, shall contain one or more windows or skylights that: (i) open directly to the outside air; and (ii) have a total light transmitting area and openable ventilating area of not less than that required by the Building Code. (b) all skylights, windows and window sashes shall: (i) be glazed or fitted with a transparent or translucent substitute; (ii) be provided with proper and suitable hardware and locking mechanisms; (iii) open to the outside air as required by the Building Code if equivalent in mechanical ventilation is not provided; (iv) be maintained in good repair; and (v) be easily opened and closed at all times. Page 20 of 25 (c) Portions of a window that are in a window well shall not be counted in computing the window area for the purpose of Sentence (a) or the opening area for the purposes of Sentence (b). (d) All enclosed spaces, including attics, basements, cellars or crawl spaces shall be: (i) adequately ventilated; and (ii) provided with an access of sufficient size to permit entry. 4.2.11 Plumbing, Plumbing fixtures, Drains (1) All plumbing, plumbing fixtures and drainage systems shall be installed and maintained: (a) without cross connections to the potable water supply; (b) in good working order and repair; (c) free from leaks, dripping taps and other defects; and (d) in compliance with the requirements of the Building Code. (2) Sanitary conveniences and toilet facilities shall be located and enclosed so as to provide both accessibility and privacy during use. (3) Rooms containing sanitary conveniences and toilet facilities shall: (a) be regularly cleaned so as to be maintained in a clean and sanitary condition; (b) have smooth surfaces reasonably impervious to water; and (c) be free from chips, cracks and damaged surfaces. (4) In a building containing residence units, the sanitary conveniences and toilet facilities used in connection with the residential portion of the building shall be separate from such facilities and conveniences used in connections with any non-residential portion, unless the occupants of the residential portion are also the occupants of the non-residential portion. (5) Within the exterior walls of the residence building there shall be provided accessible and available for all occupants a bathroom and toilet room with provision for privacy, and having at least: (a) one water closet for each ten (10) or fewer occupants; (b) one bathtub or shower or combination bathtub and shower; and (c) one wash basin located in or immediately adjacent to every room containing a water closet or urinal. (6) In addition to the requirements set out in Paragraph (5), all fixtures shall be: (a) in good working order; (b) served with hot and cold running water, with cold water connection only to water closets and urinals; and (c) connected to the drainage system. (7) Where a bathroom or toilet room intended to be shared by the occupants of dwelling and rooming units, access thereto shall be from a common passageway, hallway, corridor or other space used in the common by all occupants. Page 21 of 25 (8) All other buildings and accessory buildings shall be provided with toilet and washing facilities equal to the standard required by the Building Code, maintained as required by Paragraph (5). (9) Food shall not be stored or prepared in a room that contains a water closet. (10) Every room in which meals are prepared shall have a sink that: (a) has a backsplash and a drainboard made of material impervious to water; (b) is serviced with hot and cold running water; (c) is connected to the drainage system; (d) is in good repair and working order; and (e) is approved by the Medical Officer of Health when located other than in a residence unit. (11) An adequate supply of potable water shall be available at all times in the kitchen and bathroom of a residence unit. (12) Below grade floors shall be adequately drained so as to prevent the ponding of water on the floor surface. 4.2.12 Kitchen Facilities (1) Every dwelling shall contain a kitchen area equipped with: (a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water; (b) suitable storage area; (c) a counter or work area, exclusive of the sink, and covered with a material that is impervious to moisture and grease and is easily cleanable; and (d) a space provided for cooking and refrigeration appliances including the suitable electrical or gas connection. (2) All appliances, including refrigerators and cooking stoves, shall be maintained in good repair and in working order. 4.2.13 Security (1) Doors which allow access to or egress from a residence unit shall be equipped with a lock that: (a) is a positive locking dead lock of a type that cannot be accidently locked against entry by the closing of the door; (b) does not contravene Building Code; and (c) is maintained in good repair and in an operative condition. (2) Exterior security locking and release and voice communication systems, when provided, shall be maintained in good repair and operative condition, and in compliance with the requirements of the Building Code. 4.2.14 Recreational Facilities and Rooms (1) Recreational facilities, including rooms required by the Township for the use of occupants of a building or accessory building, shall be provided, installed, repaired and cleaned as necessary to maintain the recreational amenity, facility or room in a safe condition and constantly available for use at all reasonable hours. Page 22 of 25 (2) Equipment meeting the recreational need of the persons for whom such facilities are provided shall be made available for use in the facilities described in Paragraph (1). Part 5 5.0 Administration and Enforcement Section 1 5.1.1 Enforcement (1) The Council of the Corporation of the Township of Oro-Medonte shall assign a Property Standards Officer(s) as being responsible for the administration and enforcement of this By-law 5.1.2 Compliance (1) Owners and occupants of the property shall comply with the standards and requirements prescribed in this By-law. (2) Every owner or occupant of the property shall comply with an order made pursuant to the Building Code Act requiring compliance as confirmed or modified. If an order of a Property Standards Officer is not complied with in accordance with the order as deemed confirmed or as confirmed or modified by the committee or a judge, the Township may cause the property to be repaired or demolished accordingly. (3) All repairs and maintenance of the property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction and repairs shall conform to the Building Code or any other relevant legislation, where applicable. 5.1.3 Certificate of Compliance (1) After inspecting a property, a Property Standards Officer who is of the opinion that the property is in compliance with the standards established in this By-law, may issue a certificate of compliance to the owner. (2) The prescribed fee as set out in Schedule "A" of this By-law shall be payable prior to the issuance of a certificate of compliance where it is issued at the request of the owner. 5.1.4 Penalty (1) Every owner or occupant who fails to comply with an order, as confirmed, any other order, a direction or a requirement made under this By-law is guilty of an offence under Section 36.(1) of the Building Code Act and is liable to a penalty or penalties as set out in Section 36 of the Building Code Act. 5.1.5 Property Standards Committee (1) A Property Standards Committee is hereby established in accordance with the Building Code Act. (2) The Property Standards Committee shall be composed of such persons, not fewer than three (3), as Council considers advisable. (3) The Property Standards Committee shall hold office for such term and on such conditions as this By-law establishes. (4) This By-law established that appointments to the Property Standards Committee will expire on the last day of each Council term or on the date new committee members are appointed pursuant to the Township's Committee Term of Reference and Appointment By-law. Page 23 of 25 (5) This By-law establishes that the Property Standard Committee shall be subject to the Terms of Reference approved by Council as set out in the Township's Committee Terms of Reference and Appointment By-law. 5.1.6 Validity (1) If any section, subsection, paragraph, sentence, clause, or provision of this by-law be declared by a court of competent jurisdiction to be invalid. Illegal or ultra vires for any other reason, all other provisions of this by-law shall remain and continue in full force and effect and shall remain valid and binding. Page 24 of 25 Schedule "A" to By-law No. 2018-012 Fees • Certificate of Compliance Letter $75.00 Page 25 of 25