Property Standards By-law No. 6602-16
Corporation of the Town of Arnprior
Property Standards By-Law No.6602-16
Property Standards By-law No. 6602-16
Table of Contents
1 General .................................................................................................................... 4
1.1 Title .................................................................................................................... 4
1.2 Definitions .......................................................................................................... 4
1.3 Scope and Purpose of By-Law ........................................................................... 9
1.4 Responsibility of the Owner ............................................................................... 9
1.5 Structural Standards .......................................................................................... 9
1.6 Structural Standards .......................................................................................... 9
1.7 Damaged Material ............................................................................................ 10
1.8 Debris or Littering ............................................................................................. 10
1.9 Storage and Disposal of Garbage .................................................................... 10
1.10 Pests ............................................................................................................. 11
2 Standards for All Property ................................................................................... 11
2.1 Maintenance of Yards ...................................................................................... 11
2.2 Drainage .......................................................................................................... 12
2.3 Parking Areas, Driveways and Walkways ........................................................ 14
2.4 Fences, Barriers and Retaining Walls .............................................................. 14
2.5 Towers, Masts and Antennae........................................................................... 15
2.6 Foundations ..................................................................................................... 15
2.7 Roofs ................................................................................................................ 15
2.8 Chimneys ......................................................................................................... 16
2.9 Overhanging Extensions .................................................................................. 16
2.10 Stairs, Fire Escapes and Ramps................................................................... 16
2.11 Elevators ....................................................................................................... 17
2.12 Exterior Walls ................................................................................................ 17
2.13 Interior Walls and Ceilings ............................................................................ 17
2.14 Floors ............................................................................................................ 17
2.15 Doors, Windows and Security ....................................................................... 17
2.16 Heating and Mechanical Systems ................................................................. 18
2.17 Electrical Systems ......................................................................................... 19
2.18 Fire Protection Equipment ............................................................................ 19
2.19 Ventilation ..................................................................................................... 20
2.20 Lighting ......................................................................................................... 20
2.21 Buildings and Structures ............................................................................... 20
Property Standards By-law No. 6602-16
3 Standards for Residential Property ..................................................................... 20
3.1 Standards of Occupancy .................................................................................. 20
3.2 Means of Egress .............................................................................................. 20
3.3 Doors, Windows and Security .......................................................................... 21
3.4 Plumbing Systems ........................................................................................... 21
3.5 Bathroom and Laundry Facilities ...................................................................... 21
3.6 Kitchens ........................................................................................................... 22
3.7 Accessory Buildings ......................................................................................... 22
3.8 Garages and Carports ...................................................................................... 23
3.9 Recreational Facilities ...................................................................................... 23
3.10 Swimming Pools ........................................................................................... 23
3.11 Gas or Solid Fuel Equipment ........................................................................ 24
4 Standards for Non-Residential Property ............................................................ 24
4.1 General ............................................................................................................ 24
4.2 Signs ................................................................................................................ 24
5 Standards for Vacant Lands and Buildings........................................................ 25
5.1 Vacant Lands ................................................................................................... 25
5.2 Vacant and Abandoned Buildings .................................................................... 25
5.3 Demolition ........................................................................................................ 25
6 Administration and Enforcement ........................................................................ 26
6.1 General ............................................................................................................ 26
6.2 Property Standards Officer ............................................................................... 26
6.3 Property Standards Committee ........................................................................ 27
6.4 Appealing an Order .......................................................................................... 27
6.5 Power of the Corporation to Repair or Demolish .............................................. 27
6.6 Emergency Powers .......................................................................................... 28
6.7 Penalties .......................................................................................................... 28
6.8 Validity ............................................................................................................. 28
6.9 Repeal .............................................................................................................. 29
6.10 Commencement............................................................................................ 29
Property Standards By-law No. 6602-16
Being a by-law of the Corporation of the Town of Arnprior to provide
standards for the occupancy and maintenance of properties within the
municipal boundaries.
Whereas the Council of the Corporation of the Town of Arnprior is empowered to
enact a by-law pursuant to the provision of Section 15.1 of The Building Code
Act, R.S.O. 1997 and amendments thereto; and
Whereas the Corporation of the Town of Arnprior has an Official Plan that
includes provision relating to property conditions;
Therefore the Council of the Corporation of the Town of Arnprior enacts that all
property owners within the Town are required to comply with the following
minimum standards of occupancy as follows:
1 General
1.1 Title
The By-Law may be cited as the “Property Standards By-Law”.
1.2 Definitions
1.2.1 Non-defined Terms
Definition of words and phrases used in this By-Law that are not included in the
list of definitions in this Part shall have the meanings which are commonly
assigned to them in the context in which they are used in this By-Law, taking into
account the specialized use of terms with the various trades and professions to
which the terminology applies.
1.2.2 Defined Terms
Definitions of words and phrases used in this By-Law that are included in the list
of definitions in this Part shall have the meaning which is stipulated herein.
“Accessory when used to describe a use, building or structure, means a use,
or a detached building or structure, that is naturally and normally incidental,
subordinate and exclusively devoted to supporting the principle use, building or
structure and located on the same lot therewith. This does not include an
accessory residence unless otherwise specified
Alter means any alteration in a bearing wall or partition or column, beam,
girder or other supporting member of a building or structure or any increase in
area or volume of a building or structure. When used in reference to a lot, the
word alter means to decrease the width, depth or area of any required yard,
Property Standards By-law No. 6602-16
setback, landscaped open space or parking area, or to change the location of
any boundary of such lot with respect to a street or lane. The words "altered" and
"alteration" shall have a corresponding meaning.
“Arnprior Downtown Core Area” shall mean the Town of Arnprior’s downtown
area consisting of Daniel Street North, Elgin Street West, John Street North, and
Madawaska Street.
Attic shall mean the space between the ceiling of the top storey and the roof,
or between a dwarf wall and a sloping roof.
“Auxiliary Heaters” shall mean sources of heat that are secondary to the
primary source of heat for a building, and are of insufficient capacity to function
as the primary heat source for the building under consideration.
“Balustrade” shall mean a row of balusters or spindles surmounted by a railing.
“Basement means that portion of a building between two floor levels which is
partly underground but which has at least one-half of its height from finished floor
to finished ceiling above adjacent finished grade as approved.
“Bathroom” shall mean an area containing a toilet, urinal, bathtub, shower,
washbasin, or combination thereof. “Building” means any structure used or
designed to be used for shelter, accommodation or enclosure of persons,
animals or chattels.
“Vacant Building” means any structure used or designed to be used for
shelter, accommodation or enclosure of persons, animals or chattels
which has little or no furniture or other personal property, and has been
un-occupied for more than 60 days.
“Unoccupied Building” means any structure used or designed to be
used for shelter, accommodation or enclosure of persons, animals or
chattels, which is not occupied by inhabitants.
“Abandoned Building” means any structure used or designed to be used
for shelter, accommodation or enclosure of persons, animals or chattels
which has been left by the owner, without needed protection or care to
degenerate for an extended period of time as declared by the Property
Standards Officer
“Cellar” shall mean the portion of a building between two floor levels, which is
partly underground and which has more than one half of its height from finished
floor to finished ceiling, below adjacent finished grade.
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“Committee” shall mean the Property Standards Committee as established in
the context of this By-Law.
“Debris” shall mean refuse, rubbish or junk, and includes disused materials,
appliances, devices, vehicles, parts and equipment of any kind whatsoever.
“Dwelling Unit shall mean a suite of habitable rooms which:
a) Is located in a building;
b) Is used or intended to be used in common by one or more persons as a
single, independent and separate housekeeping establishment;
c) Contains food preparation and sanitary facilities provided for the exclusive
common use of the occupants thereof; and
d) Has a private entrance directly from outside the building or from a
common hallway or stairway inside the building.
Fence” shall mean any barrier or structure other than a building, erected at
grade, which is constructed for the purpose of screening, safeguarding or
encasing property or delineating property lines.
“First Storey” shall mean the storey with its floor closest to grade and having its
ceiling more than 1.8 meters (6 ft, 11 in) above grade.
“Garage” shall mean an accessory building or part of a residential building
located on a residential lot intended for the storage of one or more vehicles, in
which no business, occupation or service is conducted for profit, and shall include
a carport.
“Grade” shall mean the average elevation of proposed or finished ground
adjoining a building at all exterior walls.
“Ground Cover” shall mean organic or non-organic material applied to prevent
soil erosion in a yard.
“Habitable Room” shall mean a room designed to provide living, dining,
sleeping or kitchen accommodation. This definition may include a den, library or
enclosed sun room but shall not include a porch, veranda, unfinished attic or
unfinished basement.
“Main Building” means a building in which the principal use is conducted on the
lot on which the building is located. In the residential zone the dwelling is the
main building.
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“Maintenance” shall mean the preservation and keeping in repair of a property.
“Means of Egress” shall mean a continuous, unobstructed path of travel
provided for the exit of persons from any point in a building to an exterior open
space protected from exposure to hazard in an emergency, and having access to
an open public thoroughfare.
“Non-Habitable Room” shall mean any room in a building, other than a
habitable room, and includes a bathroom, laundry, pantry, lobby, corridor,
stairway, closet, boiler room, cellar or other space for servicing or maintaining the
building, and for access to and vertical travel between stories of a building.
“Non-Residential Property shall mean a building or structure not occupied or
capable of being occupied in whole or in part for the purpose of human
habitation, and includes the lands and premises appurtenant thereto.
“Occupant” shall mean any person over the age of eighteen years in current
possession of the property.
“Officer” shall mean a Property Standards Officer who has been appointed by
Council for the purposes of administering and enforcing this By-Law.
“Owner means an individual, an association, a chartered organization, a firm, a
partnership or a corporation.
“Person” shall indicate a corporation and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply according
to law.
“Property shall mean a building or structure or part of a building or structure
and includes the lands and premises appurtenant thereto, and also includes
vacant land.
“Repair” shall mean the provision of such facilities and the making of such
alteration or the taking of such action as may be required so that the property
conforms to the standards established in this By-Law.
“Residential Property shall mean a property that is used or is intended to be
used for residential purposes, and includes property that has been used for
residential purposes and that is vacant or abandoned.
“Residential Zone” shall mean a residential zone as designated in the Zoning
By-Law of the Town, and all amendments made thereto.
“Sanitary Sewage” shall mean water borne waste of industrial, commercial or
domestic origin, including bathroom, kitchen and laundry waste.
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“Sign” shall mean any surface upon which there is printed, projected or attached
any announcement, declaration or insignia used for direction, information,
identification, advertisements, business promotion or promotion of products,
activity or services and includes a structure, whether fixed or portable.
“Standards” shall mean the standards of maintenance and occupancy
prescribed in this By-Law for property within the Town.
Storey” shall mean that portion of a building that is situated between the top of
any floor immediately above it or the roof above it, provided that if that portion of
the building is partly below grade level, it shall not be deemed a storey unless its
ceiling is at least 2 meters (6 ft, 7 in) above grade.
“Stormwater shall mean surface water flow resulting from rainfall or the melting
of snow or ice.
“Structure” means anything constructed or erected, the use of which requires
location on or in the ground or attached to something having location on or in the
ground.
“Suite” shall mean a room or a combination of rooms of complementary use
within a dwelling unit operated under a single tenancy or occupancy.
“Temporary Dwelling Unit” means a dwelling unit which is an ancillary
detached dwelling unit located on the same lot as an existing dwelling and
intended to house (for a temporary period) elderly or disabled relatives of the
occupant of the main dwelling.
“Town” means the Corporation of the Town of Arnprior, or land included within
the Town of Arnprior as appropriate.
“Vehicle” means a passenger automobile or other motor vehicle, a boat, a farm
implement, a commercial motor vehicle, a recreational vehicle, a snowmobile, a
trailer and any other device that is capable of being propelled or driven by any
kind of power but not any other device powered solely by human effort except a
boat.
“Vacant Lot” shall mean any property on which there are no building or
structures of any kind but shall not mean land zoned as areas of environmental
or recreational significance, or land utilized for agricultural production.
“Wastewater” shall mean any liquid wastes normally collected in a sewer
system and conveyed to a treatment plant for processing.
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“Yard “means an open space on the same lot with a building or structure or
excavation, unoccupied and unobstructed except as for such accessory
buildings, structures or uses specifically permitted in this By-law.
1.3 Scope and Purpose of By-Law
1.3.1 Scope
Provisions of this By-Law shall apply to all properties within the boundary limits of
the Town of Arnprior.
1.3.2 Purpose
This By-Law is enacted to ensure that all properties within the Town are
developed and maintained in harmony with the Ontario Building Code. The
general purpose of the By-Law is to provide a safe and pleasant environment for
living, working, shopping and recreation.
1.4 Responsibility of the Owner
1.4.1 Except where otherwise provided in this By-law, the Owner of a Property to
which this By-Law applies shall ensure compliance with the maintenance
standards set out in this By-Law.
1.5 Structural Standards
1.5.1 Every building or structure, or part of a building or structure, shall be
structurally sound and maintained in a condition so that it has sufficient
structural integrity to resist safely and effectively all loads and the effects of
loads and influences that may reasonably be expected, having due regard
for its expected use.
1.5.2 If in the opinion of the Officer, the integrity of any building or structure is in
doubt; the Officer may require the Owner (at the Owner’s expense) to
submit an inspection report, prepared, signed and sealed by a Professional
Engineer qualified and licensed by the Association of Professional
Engineers of Ontario, certifying that the building or structure is safe and
structurally sound.
1.6 Structural Standards
1.6.1 Buildings, structure, materials or equipment that have been damaged or
show evidence of deterioration shall forthwith be repaired or replaced.
1.6.2 All parts of a building or structure shall be free from loose or improperly
secured objects or materials.
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1.6.3 Repairs to any premises shall be made in accordance with good
workmanship in the respective building trades and with materials that are
suitable and sufficient for the purpose.
1.7 Damaged Material
1.7.1 In the event of damage by fire, explosion, wind, flood or other disaster, the
building shall be made safe promptly, from trespassing, falling debris,
noxious smells, etc. or demolished. Furthermore remedial measures shall
be taken to bring the building to current Provincial Standards.
1.7.2 Upon completion of investigation by Police and Fire Authorities, damaged or
partially-damaged materials shall be forthwith removed from the property
and replaced with new materials so as to be in harmony with adjoining
undamaged surfaces and with the general environment.
1.7.3 Building surfaces that have become significantly marked or damaged by
smoke, water or other causes shall be restored or replaced.
1.8 Debris or Littering
1.8.1 Every owner or Occupant of a property shall keep the property free and
clear of debris.
1.8.2 No person shall throw, place, deposit, or permit to be thrown, placed or
deposited, debris on or beside any street, sidewalk or boulevard within the
Town except when placed for collection in accordance with the Town’s
Waste Management By-Law.
1.9 Storage and Disposal of Garbage
1.9.1 Every building and every dwelling unit shall use sufficient weather resistant
receptacles to contain all garbage or refuse, as required by the Town’s
Solid Waste Management By-Law.
1.9.2 Garbage and refuse shall be stored in approved receptacles within a
building or structure or in the rear yard where it will be screened from the
view of neighbours or passers-by until collected for disposal.
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1.9.3 Refuse containers shall be kept on the premises occupied by owners,
occupants or building owners and shall not be left, whether in use or not,
upon any street or public place except as specified in the Solid Waste
Management By-law. Containers shall not be placed upon any street or
public place for collection prior to 7:00 p.m. on the day before collection.
Containers and any items placed out to be collected at the collection
location that are not removed on the day of collection due to owners,
occupants or building owners not following the standards set out in the Solid
Waste Management By-law must be removed from the collection location
by 10:00 p.m. on the day of collection.
1.10 Pests
1.10.1 Every property shall be kept free of rodents, birds, insects or other vermin
which cause or may cause a nuisance to the occupants of the property or of
neighbouring properties.
1.10.2 The methods used for exterminating pests shall be in accordance with the
provisions of the Pesticides Act, R.S.O. 1990, Chapter P.11 and all
regulations pursuant thereto.
1.10.3 When an exterior opening of a building is used for ventilation, drainage or
illumination and is not required to be fitted with a door, window or other
closure; it shall be covered with screening, grills, or other protection so as to
effectively prevent the entry of any vermin.
2 Standards for All Property
2.1 Maintenance of Yards
2.1.1 Yards shall be kept clean and free from:
1) Objects or conditions such as holes and excavations that might create a fire,
health or accidental hazard;
2) Heavy undergrowth, long grass and noxious weeds as defined by the Weed
Control Act;
3) Dead decayed or damaged trees or vegetation that creates an unsafe or
unsightly condition or that may cause damage.
4) Dilapidated, collapsed or unfinished structures;
5) Any vehicles, equipment, machinery or trailers which are wrecked, discarded,
dismantled, inoperative, unlicensed or abandoned, except where such articles
are required and used for business purposes permitted under the Town’s
Property Standards By-law No. 6602-16
Zoning By-Law, and where such articles are placed, stored or left in a manner
which avoids an unsafe or unsightly condition deleterious to the
neighbourhood;
6) Old or dilapidated furniture, or any appliances (e.g.- freezers, refrigerators,
stoves, etc.); and/or
7) Stored or accumulated objects or materials that create a nuisance and are
unsightly.
2.1.2 Yards shall be maintained so as to:
1) Prevent excessive or recurrent accumulation of water;
2) Prevent the flow of water into any building or structure, either on the
same lot or on an adjacent lot; and;/or
3) Prevent instability or erosion of soil.
2.1.3 No materials shall be stored in a front yard or exterior side yard (i.e. -
adjacent to a public street) unless adequately screened from view by a
fence or hedge.
2.2 Drainage
2.2.1 Except for established ponds and drainage wards approved by the Town of
Arnprior, recurrent ponding which creates a health, safety, or accident
hazard or creates a nuisance shall be eradicated by grading, filling or
otherwise draining the land.
2.2.2 Every property containing a building with a basement or cellar shall be
graded and drained as to prevent the entry of water into the basement or
cellar.
2.2.3 Storm water collected from a roof (i.e. roof drain or eaves trough), pool
backwash water, driveway or any other surface shall be maintained so as to
discharge water run-off away from the building, and to prevent flooding and
erosion on neighbouring properties. Discharge shall not be permitted to the
sanitary sewer system or storm water collection/ drainage system.
2.2.4 No roof drainage or drainage of water from swimming pools shall be
discharged on sidewalks, steps, neighbouring property or into the sewer
system and shall be contained within the limits of the premises from which it
originated until absorbed by the soil or drained to an approved swale or
ditch.
Property Standards By-law No. 6602-16
2.2.5 Internal down pipes must be fitted with a trap/filter (i.e. - scupper). All
internal down pipes and discharge lines from sump pumps shall be drained
to a storm water collection/drainage system. If a storm water collection
system is not available, permission may be granted to drain into the sanitary
sewer system if sufficient capacity is available. If sufficient capacity is not
available, drainage shall be constructed in a manner to direct flows to the
surface or a grey water pit.
2.2.6 Sewage or organic waste (i.e. - wastewater) shall be discharged into a
municipal sewage system where such system exists. Where a municipal
sewage system does not exist, sewage or organic waste shall be disposed
of in a manner according to the Ontario Building Code (i.e. - on-site sewage
disposal system).
2.2.7 Every on-site sewage system shall be maintained so that:
i. The construction of the sewage system remains in accordance with the
basis on which the construction and use of the sewage system was
approved or required under the Building Code Act or predecessor
legislation, as the case may be and the requirements of the
manufacturer of the sewage system.
ii. All components of the sewage system function in their intended
manner.
2.2.8 The land in the vicinity of an on-site sewage system shall be maintained in a
condition that will not cause damage to or impair the functioning of the
sewage system.
2.2.9 No person shall, directly or indirectly, discharge or deposit matter of any
type into a sanitary sewer, combined sewer, storm sewer, watercourse,
whether municipal or privately owned where it may cause or result in:
i. A health or safety hazard to any person, animal, fish or fish habitat,
property or vegetation;
ii. An offense under the Ontario Water Resources Act (OWRA) or the
Environmental Protection Act (EPA);
iii. A failure to meet the objectives and criteria listed in the Ministry of
Energy and the Environment publication entitles “Guidelines for the
Utilization of Biosolids and Other Wastes on Agricultural Land”, dated
March 1996, as amended from time to time;
Property Standards By-law No. 6602-16
iv. An offensive odour, without limiting the generality of the
sewage/wastewater (i.e. ammonia in such quantity as it may cause an
offensive odour);
v. Damage to sewage works;
vi. An obstruction or restriction to flow;
vii. The presence of toxic gases vapours or fumes.
2.2.10 All persons discharging sewage or waste must have regard for the Town of
Arnprior Sewer Use By-law to regulate the control of waste discharges to
municipal sewers and sewage works within the Limits of the Town of
Arnprior.
2.3 Parking Areas, Driveways and Walkways
2.3.1 All areas used for vehicular traffic and parking shall have a surface covering
of asphalt, concrete, interlocking brick or other solid material and shall be
kept in good repair, free of potholes, uneven sections, snow, ice, dirt,
debris, dust or litter. Areas which have an existing gravel covering or
approval to install same as of the effective date of this by-law are
grandfathered.
2.3.2 All areas on the property used for pedestrian traffic shall be maintained at
all times so as to provide safe passage under normal use and weather
conditions.
2.3.3 Proper drainage shall be provided in all parking areas, driveways and
walkways to prevent the pooling of water on the site and the run off of water
onto adjacent lands.
2.3.4 All lighting used to illuminate a parking area, driveway, walkway or the
exterior of a building shall be maintained in a safe, structurally-sound
condition and in working order. All fixtures shall be installed so as to deflect
the light away from adjacent properties.
2.3.5 Where speed bumps have been installed in driveways and parking areas,
they shall be distinctively marked so as to be clearly visible to approaching
traffic.
2.4 Fences, Barriers and Retaining Walls
2.4.1 Fences, barriers and retaining walls shall be maintained:
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i. Safe and structurally sound; and
ii. In good condition, protected by the application of paint or some other
suitable protective coating of uniform colour, or constructed of a
material that is resistant to deterioration.
2.5 Towers, Masts and Antennae
2.5.1 Towers, masts and antennae and structures of a similar character shall be
maintained in good repair and in a structurally-sound condition so as not to
become unsafe or hazardous.
2.6 Foundations
2.6.1 The foundations and the foundations walls of a building or structure shall be
structurally sound and maintained in that condition throughout the service
life of the building or structure.
2.6.2 Foundations that have settled shall be adequately repaired to ensure that
the stability of the superstructure is not compromised by the settlement.
2.6.3 All foundation footings shall be provided with adequate subsoil drainage to
prevent the infiltration of moisture.
2.6.4 All cracks in concrete or masonry walls shall be properly grouted.
2.6.5 All exterior surfaces of foundation walls below grade shall be properly
dampen proofed.
2.7 Roofs
2.7.1 The roof of every building or structure shall be structurally sound, weather-
proof, and free of loose or unsecured objects, obstructions, hazards and
excessive accumulations of ice and snow. Improperly secured objects and
materials shall either be made secure or shall be removed.
2.7.2 All roof flashing, gutters, valleys, snow and ice guards, eaves troughs, and
down-pipes shall be secured, free of rust, and maintained in a serviceable
condition.
2.7.3 All soffit and fascia components of a building shall be secured and
maintained in good repair, and properly painted or otherwise treated.
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2.8 Chimneys
2.8.1 Every chimney, smoke pipe, vent, flue or similar apparatus serving a
heating device or system shall be:
i. In good repair, securely anchored and plumb;
ii. Installed and maintained so as to prevent the escape of smoke or
gases into the building;
iii. Free from loose or broken masonry;
iv. Free from open joints; and/or
v. Clear of obstructions.
2.8.2 Chimneys which are no longer in use shall continue to be maintained to the
standards prescribed in Section 2.8.1 until such time as they are removed
and the roof opening properly sealed.
2.9 Overhanging Extensions
2.9.1 Balconies, porches, canopies, marquees, awnings, screens, grills, pipes,
ducts, air conditioners and all other similar equipment, attachments,
extensions and their supporting members shall be maintained properly and
safely anchored, protected against deterioration, rust or decay, and free
from rubbish and debris.
2.10 Stairs, Fire Escapes and Ramps
2.10.1 Stairs, fire escapes and ramps shall be maintained in good repair, free from
holes, cracks, loose materials, debris, and defects that may constitute
possible hazards.
2.10.2 Storage of any kind is prohibited on any stairway, fire escape or ramp.
2.10.3 Every exterior stairway containing more than six (6) risers and every
exterior landing more than 0.6 m above the adjacent level shall be equipped
with a rigid handrail, guard or balustrade that is in conformance with the
Ontario Building Code, and which shall be maintained in good repair at all
times.
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2.11 Elevators
2.11.1 All elevating devices requiring a licence shall have a valid and current
license as issued in accordance with the Elevating Devices Act, R.S.O.
1990, Chapter E.8, as amended.
2.12 Exterior Walls
2.12.1 The exterior walls of every building or structure, or part of a building or
structure, must be structurally sound, weatherproof, free of cracks, loose or
unsecured objects or materials and reasonably resistant to entry by vermin.
2.12.2 All exterior-exposed surfaces shall be maintained in good repair and the
paint or cladding renewed when it becomes damaged or deteriorated.
2.13 Interior Walls and Ceilings
2.13.1 Every wall and ceiling in a building shall be maintained so as to be free of
holes, cracks, loose or torn coverings or other defects that may be a safety
hazard.
2.13.2 All paint or other wall covering which is stained or deteriorated shall be
repainted or repaired. Missing wall/ceiling tiles shall be replaced.
2.14 Floors
2.14.1 Every floor in a building shall be reasonably smooth and level, and shall be
maintained so as to be free of broken or rotted boards, protruding damaged
or deteriorating surfaces in a dangerous condition, or surfaces that might
admit vermin into a room.
2.14.2 Every floor in a building shall be maintained so as to be free of moisture or
dampness through infiltration from the exterior.
2.15 Doors, Windows and Security
2.15.1 Windows, doors and hatchways shall be maintained in good repair and be
weather tight. Rotted or damaged doors, doorframes and their components,
window frames, sashes and casing shall be replaced; and defective
hardware, weather stripping, torn screens and broken window glass shall be
repaired.
2.15.2 All security intercom equipment must be kept free of defects and in good
working order.
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2.15.3 Where mailboxes exist, they shall be maintained in good condition and free
from defects.
2.16 Heating and Mechanical Systems
2.16.1 In every occupied building, a heating system shall be provided capable of
supplying, during normal hours of occupancy, sufficient heat to maintain a
minimum air temperature of 21 degrees Celsius. Said requirement does not
apply to areas not normally heated.
2.16.2 Heating systems, hot water systems, ventilation/air conditioning systems
and other mechanical systems shall be maintained and operated in good
working order and in a safe condition.
2.16.3 Furnaces, stoves and fireplaces shall be kept clear of obstructions so as to
prevent any combustible material from being heated to unsafe conditions.
2.16.4 Except in the event of an emergency, portable auxiliary heaters shall not be
used as the primary source of heat within a building. Portable auxiliary
heaters shall not be located so as to present a fire or safety hazard or to
impede the free movement of persons within the building or room where the
heater is located.
2.16.5 Every fuel burning appliance shall be properly connected, exhausted and
vented to the exterior to ensure its safe operation and shall be installed in
conformance with the manufacturer’s installation instructions and/or meet
the standards as set for an uncertified appliance.
2.16.6 Solid fuel appliances shall be installed in conformance with the
manufacturer’s installation instructions and/or meet the standards as set for
an uncertified appliance. A chimney, flue, pipe or vent shall be installed in
conformance with the manufacturer’s specifications and/or meet the
standard for uncertified equipment.
2.16.7 A space that contains a heating unit shall have natural or mechanical shall
mean of providing the required combustion air.
2.16.8 Containment for the storage of the fuel shall be properly constructed and
maintained in a convenient location so as to be free from hazards.
Property Standards By-law No. 6602-16
2.17 Electrical Systems
2.17.1 The connection of an electrical supply system to a building and the system
of circuits and outlets distributing the electrical supply within a building shall
provide adequate capacity for the use and intended use of a building and
such connections, circuits, wiring and outlets along with any fuses, circuit
breakers and other appurtenances thereto, shall be maintained in good
working order, in a safe condition and in compliance with the requirements
of the Ontario Electrical Code.
2.18 Fire Protection Equipment
2.18.1 All fire protection equipment, including private fire hydrants,
sprinkler/standpipe systems, fire hoses and nozzles and fire extinguishers,
fire alarm systems and annunciator panel, smoke alarms/detectors, shall be
maintained in good working order and free of encumbrances so as to
effectively perform their intended function. Said equipment shall be installed
in conformance to all current codes, standards, legislation and bylaws and
shall be maintained in strict conformity with the requirements of the Ontario
Fire Code and the Arnprior Fire Department.
2.18.2 No owner or occupant shall:
Throw, place, bring or deposit snow or ice on or immediately adjacent to a
fire hydrant, sprinkler connection or fire escape;
In any manner obstructs access to a fire hydrant, sprinkler connection or
fire escape.
Place plant or place vegetation that will obstruct or restrict access to a fire
hydrant, sprinkler connection or fire escape.
Construct or place any apparatus immediately adjacent to a fire hydrant,
sprinkler connection, or fire escape, in a manner that obstructs access to a
fire hydrant, sprinkler connection or fire escape.
2.18.3 Private fire hydrants and sprinkler/standpipe connections shall be
maintained by the owner in operating condition in accordance with Ontario
Fire Code regulations and shall be readily available and unobstructed for
use at all times. The Town will not undertake to clear snow on any private
hydrants, sprinkler connections or fire escapes.
2.18.4 Owners and occupants are urged to ensure that fire hydrants, sprinkler
connections and fire escapes on or adjacent to their property, are clear of
snow accumulation.
Property Standards By-law No. 6602-16
2.19 Ventilation
2.19.1 Proper ventilation shall be provided and maintained within a building so as
to prevent the accumulation of heat, dust, fumes, gases, vapours or other
contaminants that may create a fire, explosion or health hazard.
2.19.2 Every attic, basement, cellar and unheated crawl space shall have
adequate ventilation.
2.20 Lighting
2.20.1 Sufficient windows, skylights or electrical lighting fixtures shall be provided
and maintained to furnish illumination in public or common hallways and
stairways, whenever the building is in use, and in all passages provided for
use as an emergency exit.
2.21 Buildings and Structures
2.21.1 The owner of any building or structure will maintain the building or structure
in a condition and standard in accordance with this by-law and the exterior
finish or covering will be aesthetically consistent and complimentary to the
immediate surroundings as determined by the Property Standards Officer.
3 Standards for Residential Property
3.1 Standards of Occupancy
3.1.1 No person shall use or occupy, permit the use or occupancy of, or rent any
residential property that does not conform to the standards of this By-Law.
3.1.2 A non-habitable room shall not be used as a habitable room.
3.1.3 The maximum number of occupants in a dwelling unit shall not exceed the
capacity of the plumbing system as acceptable to the District Health Unit.
3.2 Means of Egress
3.2.1 Every dwelling and each dwelling unit contained therein shall have a safe,
continuous and unobstructed passage from the interior of the dwelling unit
to the exterior of the building at grade level.
3.2.2 Where a communication system between the dwelling units and the front
lobby have been provided in a building containing two (2) or more dwelling
units, such systems shall be maintained in good operative condition.
Property Standards By-law No. 6602-16
3.2.3 All means of egress within a bed-and-breakfast establishment, group home,
home for the aged, or a building containing five (5) or more dwelling units
shall be provided with clear, unobstructed and readily visible exit signs
maintained in good working order and in conformance with the Ontario Fire
Code.
3.3 Doors, Windows and Security
3.3.1 All exteriors doors in a dwelling unit shall have a solid core and shall have
hardware capable of being locked or secured from inside the dwelling unit.
At least one entrance door in every dwelling unit shall have hardware so as
to be capable of being locked from both inside and outside the dwelling unit.
3.3.2 All windows that are intended to be opened shall have suitable hardware so
as to allow the window to be locked from inside the dwelling unit.
3.3.3 All windows located above the first storey of a dwelling unit shall be
maintained so as to be safe against accidental hazards to children.
3.4 Plumbing Systems
3.4.1 Every dwelling unit shall be provided with an adequate supply of potable
running water supplied from the Town’s water distribution system or, where
this is unavailable, from a source approved by the District Health Unit.
3.4.2 Hot and cold running water shall be supplied for the bathtub/shower,
washbasin and kitchen sink.
3.4.3 All water pipes and associated plumbing fixtures shall be protected from
freezing.
3.4.4 The sanitary facilities of all buildings shall be connected to the Town’s
sewer collection system or, where this is unavailable; it shall be connected
to a proper septic system acceptable to the Chief Building Official
3.4.5 All plumbing and plumbing fixtures in every building shall be free from leaks
and defects and shall, at all times, conform to the Ontario Building Code.
3.5 Bathroom and Laundry Facilities
3.5.1 Every dwelling unit shall be provided with at least one bathroom containing
a toilet, a washbasin and a bathtub or shower.
3.5.2 All bathrooms shall be located within and be accessible from within the
dwelling unit.
Property Standards By-law No. 6602-16
3.5.3 All bathrooms shall be fully enclosed, with a door capable of being locked
so as to provide privacy for the occupant.
3.5.4 All bathrooms shall be fully enclosed, with a door capable of being locked
so as to provide privacy for the occupant.
3.5.5 Each bathroom shall be provided with at least one source of natural or
mechanical ventilation conforming to the Ontario Building Code.
3.5.6 No toilet or urinal shall be located in a room that is used or intended to be
used for preparation, cooking, storage, or consumption of food or for
sleeping purposes.
3.5.7 All laundry rooms shall be kept clean and free from health, fire or accident
hazards.
3.5.8 Floors, walls and ceiling in bathrooms and laundry rooms shall be of
material that is impervious to water and easily cleaned and sanitized.
3.6 Kitchens
3.6.1 Every self contained dwelling unit shall have a kitchen area equipped with
cupboards for storing food, a counter top work area, a stove and a
refrigerator, and a sink supplied with hot and cold running water. The
kitchen area and all appliances shall be kept safe and functional.
3.6.2 Counter-top work areas shall be impervious to moisture and grease, and
shall be kept in good condition, free from defects that may cause accidents
or lead to health problems.
3.6.3 Floors, walls and ceilings in kitchens shall be of material that is impervious
to water and easily cleaned and sanitized.
3.7 Accessory Buildings
3.7.1 Accessory buildings and all other structures appurtenant to the property
shall be maintained in a structurally-sound condition and in good repair.
3.7.2 Accessory buildings and all other structures shall be maintained in a safe,
hazard-free condition, free from clutter or the accumulation of rubbish and
debris.
Property Standards By-law No. 6602-16
3.7.3 All exterior, exposed surfaces of accessory buildings or structures not
inherently resistant to deterioration shall be maintained so as to provide
adequate protection from weather or vermin.
3.7.4 Accessory buildings and all other structures shall be kept so as not to
present an unsightly appearance.
3.8 Garages and Carports
3.8.1 All areas of a garage shall be kept clear of the accumulation of rubbish and
debris or conditions that might create a fire, health or accident hazard.
3.8.2 Garages shall be provided with a clear and unobstructed exit.
3.8.3 Attached or built-in garages shall be constructed and maintained so as to
prevent noxious gases from entering the habitable areas of the residence.
3.9 Recreational Facilities
3.9.1 Recreational areas, rooms and other facilities for the indoor or outdoor use
of the occupants of a building shall be kept neat, clean and free of clutter or
rubbish.
3.9.2 Playground equipment and structures shall be repaired as necessary to
maintain them in a safe condition and in good working order.
3.10 Swimming Pools
3.10.1 Swimming pools, wading pools and ponds and any appurtenances thereto
shall be maintained in good repair, free from leaks, and free from health and
safety hazards, in accordance with the Town’s Swimming Pool By-Law.
3.10.2 Swimming pools, wading pools and ponds shall be kept clean of stagnant
water and any such areas that are unkempt or unused shall be drained of
all water found therein.
3.10.3 Plumbing fixtures and hydraulic lines servicing swimming pools shall be
installed in accordance with the Ontario Building Code.
3.10.4 Electrical fixtures and power lines servicing swimming pools shall be
installed in accordance with the Ontario Electrical Code.
Property Standards By-law No. 6602-16
3.11 Gas or Solid Fuel Equipment
3.11.1 Gas or solid fuel barbeque use is prohibited in enclosed spaces, or in
proximity to a building where its use may create a fire hazard.
3.11.2 Storage of propane tanks and fuel oil shall be in accordance with Provincial
Regulations.
4 Standards for Non-Residential Property
4.1 General
4.1.1 Commercial, industrial and institutional properties shall be maintained in
conformance with the general standards prescribed in this By-Law.
4.1.2 Conditions of occupancy of commercial, industrial and institutional buildings
shall be in accordance with all applicable provincial regulations pertinent to
their intended use and application.
4.1.3 Commercial, industrial and institutional properties shall be maintained in
accordance with their site plan control agreements with the Town.
4.2 Signs
4.2.1 Signs shall be maintained in good repair, and any signs that are excessively
weathered, faded or cracked shall be repaired or removed.
4.2.2 Exterior signs that are unused, uncared for or discarded shall be removed
forthwith from the property, or shall be stored within a building on the
property.
4.2.3 All signage shall adhere to the Town’s Sign and Merchandise Display By-
law.
Property Standards By-law No. 6602-16
5 Standards for Vacant Lands and Buildings
5.1 Vacant Lands
5.1.1 Vacant land shall be maintained to the standards as described in Section
2.1 of this By-Law.
5.1.2 Vacant land shall be graded, filled or otherwise drained so as to prevent
recurrent ponding of water.
5.2 Vacant and Abandoned Buildings
5.2.1 Vacant, unoccupied, or abandoned buildings shall be protected against the
risk of fire, accident or other damage.
5.2.2 Vacant and abandoned buildings shall be kept cleared of all garbage,
rubbish and debris; and shall have all water, electrical and other services
disconnected except those services that are required for the security and
maintenance of the property.
5.2.3 The Owner of a vacant or abandoned building shall board up the building to
the satisfaction of the Officer by covering all openings through which entry
may be attained with material approved to the satisfaction of the Property
Standards Officer. In the event openings from disrepair occur the property
owner shall immediately cover the openings with material approved to the
satisfaction of the Property Standards Officer.
5.2.4 Any part of a vacant or abandoned building that cannot be boarded up due
to its physical condition shall be removed forthwith.
5.3 Demolition
5.3.1 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 therefore from the Chief Building
Official in compliance with the Building Code Act, and such permit shall be
posted in a prominent position on the demolition site.
5.3.2 The Owner of any building or part thereof being demolished, shall leave any
remaining wall or walls (including any former party walls or walls, whether
separately or jointly owned) structurally sound and weather tight, in a safe
condition and in conformity with the standards in the Building Code Act.
Property Standards By-law No. 6602-16
5.3.3 Upon 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.
6 Administration and Enforcement
6.1 General
6.1.1 The Town shall administer and enforce this By-Law as prescribed by the
Ontario Building Code Act; S.O. 1992, c.23 Section 15 as amended.
6.1.2 The Officer may prohibit the occupancy or use of any property that does not
conform to the standards prescribed in this By-Law.
6.1.3 he Officer may utilize various reports and forms in the administration and
enforcement of this By-law which can be revised as deemed required by the
Officer, including but not limited to
An inspection report;
Re-inspection report;
Order to Remedy Violation;
Order to Comply;
Notice to Appeal;
Decision Following Appeal; or
Other such report or form
6.2 Property Standards Officer
6.2.1 Council may, from time to time, appoint Officers to carry out the
administrative function of this By-Law. On appointment, the Officers shall
have full responsibility and authority of administration as provided by the
Building Code Act.
6.2.2 Any building inspector, plumbing inspector, electrical inspector, public
health inspector, fire prevention officer or by-law enforcement officer of the
Town is hereby authorized and directed to act from time to time as an
assistant to the Officer.
Property Standards By-law No. 6602-16
6.2.3 The Property Standards Officer, or any person acting under his direction,
may at all reasonable times, upon producing proper identification, enter and
inspect any property. The Officer or his designate shall not enter any room
or place actually used as a dwelling without the consent of the Occupant
except under the authority of a search warrant issued under Section 21 of
the Building Code Act.
6.2.4 No person shall obstruct or attempt to obstruct an Officer or a person acting
under the Officer’s instruction, in the exercise of his duties.
6.3 Property Standards Committee
6.3.1 Council shall appoint at large, by a by-law of Council, five (5) members to
the Property Standards Committee for a term of office concurrent with
Council. Three members shall constitute a quorum for transacting the
Committee’s business.
6.3.2 Council shall maintain the full membership of the Property Standards
Committee by replacing any member who, for any reason, may fail to serve
out his or her term of office.
6.3.3 The duties and responsibilities of the Property Standards Committee shall
be as dictated in the Ontario Building Code Act.
6.4 Appealing an Order
6.4.1 Every person wishing to appeal an Order made under Subsection 15.2 (2)
of the Building Code Act, R.S.O. 1992, c.23 as amended, shall submit a
notice of appeal in the manner and within the time frame as prescribed in
Subsection 15.3-(1) of the Building Code Act. All notices of appeal shall be
accompanied by a non-refundable payment of one hundred fifty dollars
($150.00).
6.5 Power of the Corporation to Repair or Demolish
6.5.1 If the Owner or Occupant of a property fails to repair or to demolish the
property in accordance with an Order, the Town may cause the property to
be repaired or demolished accordingly.
6.5.2 For the purposes of Subsection 6.5.1 employees or agents of the Town may
enter the property at any reasonable time without a warrant in order to
repair or demolish the property.
Property Standards By-law No. 6602-16
6.5.3 The Town will not be liable to compensate an Owner, Occupant or any
other person having an interest in the property by reason of any action
performed by or on behalf of the Town under the provisions of this By-Law.
6.5.4 The Town shall have a lien on the land for the amount spent on the repair or
demolition under Subsection 6.5.1, and the amount shall be deemed to be
municipal real property taxes and may be added by the Town Clerk to the
collector’s roll and collected in the same manner and with the same
priorities as municipal real property taxes.
6.6 Emergency Powers
6.6.1 Notwithstanding any other provisions in this By-Law, if upon inspection of a
property, the Officer is satisfied that there is a non-conformity with the
standards prescribed in the By-Law to such extent as to pose an immediate
danger to the health or safety of any person, the Officer may make an Order
containing particulars of the non-conformity and requiring immediate
remedial repairs or other work to be carried out forthwith to terminate the
danger.
6.6.2 After making an Order under Section 6.6.1, the Officer may, either before or
after the Order is served, take or cause to be taken any measures
considered necessary to terminate the danger; and for this purpose, the
Town has the right, through its employees or agents, to enter upon the
property at any reasonable time.
6.6.3 The Officer, Town, or anyone acting on behalf of the Town is not liable to
compensate the Owner, Occupant, or any other person by reason of
anything done by or on behalf of the Town in the reasonable exercise of its
power under Section 6.6.2.
6.7 Penalties
6.7.1 A person who fails to comply with an Order that is final and binding under
this By-Law is guilty of an offence under Section 36 (1) of the Building Code
Act, S.O. 1992, c.23 as amended, and is liable to a penalty or penalties as
prescribed in Section 36 of the Act.
6.8 Validity
6.8.1 If an article of this By-Law is held to be invalid for any reason, the remaining
provisions in the By-Law shall remain in effect until repealed.
Property Standards By-law No. 6602-16
6.8.2 Where the provisions of this By-Law conflict with the provisions of another
by-law in force in the Town, the provisions that establish the higher
standards of health, safety and welfare of the general public shall prevail.
6.9 Repeal
6.9.1 By-law No. 6065-12, as amended and any other by-laws, resolutions or
parts of by-law or resolutions inconsistent with this by-law are hereby
repealed.
6.10 Commencement
6.10.1 That this By-law shall come into force and effect on the day of its passing.
Enacted and Passed this 11
th
day of July, 2016.
Signatures:
original signed by original signed by
David Reid, Mayor Maureen Spratt, Town Clerk