Duties
Every owner shall ensure his/her property is maintained in accordance with the provisions of this By-law.
Every person to whom an order is issued under this by-law shall obey such order as required.
Yard
- A yard shall be kept clean and free from hazardous objects or materials, domestic animal excrement, (other than livestock excrement as part of a permitted farm operation), rubbish, or other debris, including holes, ruts and excavations that are health, fire or accident hazards or may attract or harbour rodents or insects.
- Lawns shall be kept trimmed and from becoming unreasonably overgrown, Hedges and trees shall be kept trimmed and from becoming unreasonably overgrown in a fashion that may affect safety, visibility or passage of the general public.
- Domestic storage, such as firewood, building materials, garden equipment and materials must be stored neatly but, not in the front yard or exterior side yard.
- A yard shall be cultivated or protected by suitable ground cover which prevents the erosion of the soil.
- Every yard shall be kept clean and free from rodent and insect infestation and dead, decayed or damaged trees or other natural growth and the branches and limbs thereof which may fall and cause an accident.
- No vehicle which is in a wrecked, discarded, dismantled or inoperative condition or is unlicensed shall be parked, stored, or left in the yard unless such vehicle is required for business or farming purposes and then only in an arrangement such as to prevent an unsafe or unsightly condition.
- No vehicle shall be parked in the front yard, rear yard, interior side yard or exterior side yard except on a paved or appropriately finished surface.
- Swimming pools and appurtenances thereto, including safety fences and gates, shall be kept in good repair, clean and free from health and safety hazards, including the pool water therein.
- Where a zoning by-law permits outside storage, such storage shall not exceed the lesser of 2.44 metres (8 feet) or the height of a surrounding fence.
- Outside storage shall be maintained so as to prevent an unsafe or unsightly condition out of character with the surrounding environment.
- The provision and maintenance of a surrounding fence shall be appropriate to the nature of the adjacent uses to minimize the visual impact of nuisances to persons at grade adjacent to the property.
- All areas used for vehicular traffic, parking and facilities for loading and unloading, including loading spaces or bays shall be:
- kept free from dirt, surface dust and refuse;
- maintained in good repair;
- properly drained and;
- provided with curb stops or other restraining devices to prevent vehicular damage to structures on this or adjoining property.
- Whenever landscaping hedges, trees, fences, curbs, retaining walls or similar changes to property have been required by the Township of South Stormont as a condition of development or redevelopment; such works shall be undertaken and maintained so as to ensure continuous compliance with the Township of South Stormont’s requirements.
Sewage and Drainage
All sewage shall be discharged into an approved sewage system which is in compliance with the applicable by-law and the Ontario Building Code.
No roof drainage shall be discharged or channeled onto walkways, stairs, or onto adjacent lands.
Storm water, sump or swimming pool discharge, and water artificially brought on the land, shall be drained from the yard so as to prevent recurrent ponding or the entrance of water into a basement, cellar, or onto adjacent lands.
Adequate drainage shall be installed where there is recurring excessive ponding caused by surface water.
Walks
Every driveway, parking area and walk shall be surfaced with stone, gravel, asphalt, concrete or other material capable of providing a hard surface.
Safe Passage
Steps, walks, driveways and parking areas of a yard shall be maintained so as to afford safe passage under normal use and weather conditions.
Fences
All fences, retaining walls and structures appurtenant to a property, shall be kept in good repair, free from hazards, and where required, protected by paint, preservative or other weather resistant material unless the characteristics of the fence, retaining wall, screen or enclosure are designed to be enhanced by the lack of such material. All fences, retaining walls and other such structures shall be constructed in such a manner as to prevent all cartons, wrappers, paper, rubbish and debris from blowing onto adjoining property.
Graffiti
Objectionable markings, graffiti, or other defacement of fences, retaining walls and structures appurtenant to a property shall be removed and the surface restored.
Garbage Disposal
Every building and every dwelling unit shall have sufficient appropriate receptacles to contain all garbage, rubbish, ashes and trade waste.
Receptacles shall be standard garbage bags or other standard garbage containers commercially sold for the purpose and provided with a tight fitting cover.
Garbage receptacles other than bags, shall be maintained in a clean state, and shall not be stored in the front yard or exterior side yard.
Garbage bags shall not be stored outdoors unless adequately protected from damage.
Every building shall be provided with vermin-proof storage space for garbage and trade waste and stored in an approved, acceptable, or appropriate area.
Containers shall be made available for the disposal of refuse which may be discarded by customers and the yard shall be kept free of such refuse.
Notwithstanding the foregoing, properly maintained compost heaps are permitted.
Antennae
Crane ways, lightning arrestors, television and radio antennae and structures of similar character shall be maintained in good repair and free of fire hazards and properly anchored and plumb, unless specifically designed to be other than vertical.
Exterior Walls
The exterior walls and their components, including eaves troughs, down pipes, soffits and fascias, shall be maintained so as to prevent their deterioration due to weather or insects, and shall be maintained by painting, restoring, cleaning, or repairing of the walls, coping or flashing, by the waterproofing of joints and of the walls themselves by installing or repairing of termite shields and by the treating of the soil with pesticides, in accordance with the provisions of any relevant legislation.
Objectionable markings, graffiti, or other defacement of exterior surfaces shall be removed and the surface restored.
All canopies, marquees, signs, awnings, stairways, fire escapes, stand pipes, exhaust ducts, air conditioners and similar overhang extensions shall be:
- maintained in good repair;
- properly anchored; and
- protected from the elements and against decay and rust by the periodic application of a weather coating material such as paint or other protective treatment.
All air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk.
Roof
A roof including flashings shall be kept in good repair and be maintained in a watertight condition so as to prevent leakage of water into the building. The attic shall be ventilated in conformance with the Ontario Building Code.
Every chimney, smoke or vent stack and other roof structures shall be maintained plumb and in good repair so as to be free from:
- loose bricks, mortar and loose or broken capping;
- loose or rusted stanchions, braces and attachments;
- fire or accident hazard.
Dampness
The interior floors, ceilings and walls shall be kept free from dampness arising from the entrance of moisture through an exterior wall or a roof, or through a cellar, basement or crawl space floor.
Doors and Windows
Windows, exterior doors and basement or cellar hatchways shall be maintained in good repair so as to prevent the entrance of wind and rain into the dwelling.
Rotted or damaged doors, door frames, window frames, shutters, screens, sashes and casings, weather stripping, broken glass, and defective door and window hardware shall be repaired or replaced.
All windows intended to be opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured.
In a dwelling with three or more stories, all windows intended to be opened and all balcony doors shall have safety devices to prevent risk of accidents to children. Such safety devices shall be in conformity with the Ontario Building Code.
Interior doors, closet doors, cupboard doors, counter tops, cupboards, vanities, shelving and their appurtenances shall be maintained in good repair.
Balustrades and Handrails
A handrail shall be installed and maintained in good repair on every stairway and on every open side of a balcony, porch, landing and stairwell at a minimum height as required by the Ontario Building Code.
A barrier such as a balustrade shall be installed at a minimum height of 1.07 metre (42 inches) and maintained in good repair on the open side of a balcony, porch, landing and stairwell with a difference of 1.8 metre (6 feet) or more in elevation.
Occupancy Standards
The maximum number of occupants in a dwelling and/or dwelling unit shall not exceed one person for each 14 sq. metres (150 sq. ft.) of the total floor area of all of the habitable rooms within the dwelling unit. for the purposes of this section, a child under twelve (12) years of age shall be deemed to be one half (1/2) person.
No room shall be used for sleeping purposes unless it has a minimum width of 1.83 metres (6 feet) and a floor area of at least 5.6 sq. metres (60 sq. feet) and further, a room used for sleeping purposes by two or more persons shall have a floor area of at least 3.7 sq. metres (40 sq. feet) for each person so using the room.
For the purpose of this section, the minimum ceiling height shall be established as follows:
2.3 metres (7.5 feet) over at least fifty (50) percent of the required floor area or an average of 2.13 metres (7.0 feet) over all of the required floor area. Any part of the floor area having a clear height of less than 1.37 metres (4.5 feet) shall not be considered in computing the required floor area.
No kitchen, bathroom or hallway shall be used for sleeping purposes.
Stairs and Porches
An outside stair and any porch appurtenant to it shall be maintained so as to be free of defects which may constitute possible hazard, and all treads or risers that show excessive wear or are broken, warped or loose and all supporting structural members that are rotted or deteriorated shall be repaired or replaced.
Foundations
The foundation walls and the basement, cellar or crawl space floor shall be maintained in good repair so that they may effectively support all loads imposed upon them and where necessary shall be so maintained by shoring of the walls, installing of subsoil drains at the footing, grouting masonry cracks, parging and water-proofing the walls or floors.
Every building, unless of the slab-on-grade type, shall be supported by foundation walls or piers which extend below the frost line, below grade a minimum of 1.2 metres or to solid rock and all footings, foundation walls, piers and slabs-on-grade shall be of concrete or other suitable material in conformance with the, Ontario Building Code.
Subsection (2) does not apply to accessory buildings.
Structurally Sound
Every part of a building, including an accessory building, shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any designed load to which it may be subjected.
The exterior walls, roofs and other parts of the building shall be free from loose, rotted, warped and broken materials and objects. Such materials and objects shall be removed, repaired or replaced.
All exterior surfaces shall be of materials which provide adequate protection from the weather.
If, in the opinion of the Officer there is doubt as to the structural condition and adequacy of a building or structure or parts thereof, the Officer may order that such building or structure or parts thereof be examined by a professional engineer, licensed to practice in Ontario and employed by the owner of the building or authorized agent, and that a written report, which may include drawings for any recommended remedial work designed by the engineer, and giving details of the findings of such examination be submitted to the Officer.
Pest Prevention
Property shall be kept free of infestation at all times and methods used for exterminating rodents or insects or both shall be in accordance with the provisions of any relevant legislation.
All windows and openings used or required for ventilation or exhaust and any opening in a basement or cellar, including a floor drain that may permit the entry, shall be screened with wire mesh, metal grille or other durable material as will effectively exclude any of the above pests.
Basement Floors
A basement, cellar or crawl space which is not served by a stairway may have a dirt floor provided it is covered with a moisture proof covering.
Basements or cellars which are served by a stairway shall have a concrete floor or other suitable material in conformance with the, Ontario Building Code, with a floor drain located at the lowest point of the said floor and connected to a sewage system or to an acceptable system of disposal.
A concrete floor in a basement or cellar shall be free from major cracks, breaks, or such as to create a hazardous condition.
Where a basement or cellar is served by an outside stairwell, the floor of the stairwell shall have a floor drain connected to an approved sewage system or to an acceptable system of disposal.
Stairs and Landings
All inside stair and any landing appurtenant to it shall be maintained so as to be free of defects which may constitute possible accident hazards and all treads or risers that show excessive wear or are broken, warped or loose and all supporting structural members that are rotted or deteriorated shall be repaired or replaced.
Egress
There shall be provided a means of egress from every floor area for the safety of every person in the building in accordance with the Ontario Building Code.
All means of egress shall be maintained in good repair and free of objects or conditions which constitute an accident or fire hazard.
Every dwelling unit shall have a separate access so as to provide a safe, continuous and unobstructed exit from the interior of the building to the exterior at street or grade level.
Walls and Ceilings
Every wall and ceiling shall be free of holes, cracks, loose coverings or other defects.
Where occupancies or dwelling units are separated vertically, the dividing walls shall comply with the Ontario Building Code.
Where a dwelling unit is separated horizontally from another dwelling unit or a non-residential occupancy, there shall be a finished ceiling which separates these occupancies in accordance with both the Ontario Building Code and the Ontario Fire Code.
Floors
Every floor shall be smooth and maintained so as to be free of all loose, warped, protruding, broken or rotted boards that might cause an accident or allow dirt to accumulate and all defective floor boards shall be repaired or replaced.
Where floor boards have been covered with linoleum, tile, carpet, or some other covering that has become worn or torn so that it retains dirt or might cause an accident, the floor covering shall be repaired or replaced.
Cleanliness
Every floor, wall, ceiling, fixture, appliance and equipment shall be maintained in a clean and sanitary condition as is appropriate to the use which is being made of the building.
The building shall be kept free from rubbish, debris, or any condition which constitutes a fire, health or hazard.
Water
Every dwelling shall be provided with an adequate supply of potable hot and cold running water.
Hot water shall be supplied at a temperature not to exceed 49 degrees C (120 degrees F).
Plumbing
All plumbing, drain pipes, water pipes and plumbing fixtures in every dwelling and every connecting line to the sewage system shall be maintained in good working order in accordance with the relevant legislation and free from leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing.
Kitchen and Bathroom Facilities
Every dwelling unit shall contain plumbing fixtures consisting of at least:
- a toilet;
- a kitchen sink;
- a washbasin;
- a bathtub or shower.
- No toilet or urinal shall be located in a room used for or intended to be used for sleeping or preparing, consuming or storing food.
Bathroom
All bathrooms or toilet enclosures shall be fully enclosed and shall have a door capable of being locked so as to provide privacy for the user.
Every bathroom shall have a floor of water repellent construction.
All bathroom facilities and bathrooms shall be kept clean and neat at all times.
The bathroom walls and ceiling of every bathroom shall be provided with a smooth surface and where paint is used as the surface coating it shall be maintained and painted as is necessary for cleanliness.
On non-residential properties, each bathroom shall be provided with toilet paper, soap and individual towels or other means of drying.
Every bathroom shall be provided with an opening or openings for natural ventilation located in an exterior wall or through openable parts of skylights and all such openings shall have a minimum aggregate unobstructed free flow area of 930 sq. cms. (1 sq. foot).
An opening for natural ventilation may be omitted from a bathroom where a system of mechanical ventilation in proper working order has been provided, such as an exhaust fan with a duct leading to outside the building.
Cooking Spaces
Every kitchen shall be provided with a supply of electricity that has been approved by the applicable Electric Power Commission.
All combustible materials immediately underneath or within 30.5 cm (12 inches) of any cooking apparatus shall be fire retarded or covered with fire resistive material, except where such apparatus is installed in accordance with the requirements of the applicable codes. There shall always be at least 76.2 cm (30 inches) clear space above any exposed cooking surface of such apparatus.
Heating System
- Every dwelling shall be provided with a heating system capable of maintaining a room temperature of not less than 22 degrees C (72 degrees F) in all living spaces.
- The heating system shall be maintained in good working condition.
- Auxiliary heaters shall not be used as a primary source of heat.
- No room heater shall be placed so as to cause a fire hazard to walls, curtains, and furniture, nor to impede the free movement of persons within the room where the heater is located.
- Where a heating system or part of it or any auxiliary heating system burns solid or liquid fuel, a place or receptacle for the storage of the fuel shall be provided and maintained in a convenient location, and properly constructed so as to be free from fire or accident hazards.
- An adequate supply of fuel shall be available at all times.
- Equipment burning fuels shall be properly vented by a connecting duct or flue pipe leading to a chimney or a vent flue.
- Where combustible materials are stored in the basement the fuel burning heating system shall be located as per applicable regulations.
- Where in the opinion of an Officer there exists a hazardous condition due to storage in or use of a space adjacent to a heating system, the furnace shall be enclosed in accordance with the provisions of the Ontario Building Code or other applicable regulations.
- Every chimney, smoke pipe, flue and vent shall be maintained so as to prevent gases from leaking into the building or property, and shall be free of any defects.
- A fuel burning central heating system in a mixed use building shall be located in a service room having walls, ceiling and doors with a fire resistance rating of not less than one (1) hour.
- All fuel shall be stored in a safe manner.
Electrical Service
The electrical wiring and all equipment and appliances located or used in a building or on said property shall be maintained in good working order in accordance with the applicable Electrical Power Commission Regulations so as not to overload the designed size of the service so as not to cause a fire or electrical shock hazard.
No fuse/breaker or overload device shall exceed the capacity indicated on the fuse/breaker panel.
Every habitable room in a dwelling unit shall have at least one duplex electrical outlet in good working order:
- for the first 11.15 sq. metres (120 sq. feet) or less of floor area; and
- for each additional 9.3 sq. metres (100 sq. feet) or less of floor area.
No person shall place an extension cord directly beneath a floor covering or through a transom, doorway, wall, ceiling or floor and no person shall use, cause or permit the use of an extension cord so placed.
All intercom system and security system wiring and appurtenances shall be maintained in good working order.
Where supplied, service equipment and appliances, such as stoves, refrigerators, washers and dryers and their components shall be maintained in good repair.
All fire smoke and carbon monoxide, detection/alarms systems and appurtenances shall be maintained in good working order.
Lighting
All habitable space shall have artificial lighting to the level required by the Building Code.
Windows, skylights and electrical lighting fixtures shall be provided and maintained in order to furnish illumination in all passageways and stairways, and in all stairways provided for use in case of fire or other emergency as required by the Ontario Building Code.
Every habitable room in a dwelling or dwelling unit, except a kitchen, shall contain a window or skylight that complies with the Building Code.
All public halls and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage at a minimum average of 50 lux (4.6 foot candles) at floor level.
Outdoor lighting shall be of a low-level, low-intensity nature; directed in a manner which will minimize glare and the undue intrusion of light on abutting properties, dwellings and streets.
Ventilation
Where mechanical ventilation is used, the ventilating duct which is on the exterior wall shall be located not less than 1.83 metres (6 feet) from a window located in an adjoining building.
Every habitable room and every bathroom shall be ventilated in conformance with the Ontario Building Code.
Where an aperture such as a window, skylight, or louver is used for ventilation, the aperture shall be maintained so as to be easily opened, kept opened and closed.
Every room where people work shall have an opening or openings for natural ventilation which openings shall be located in the exterior walls or through enable parts of skylights and shall have a minimum aggregate unobstructed free flow area of one percent of the floor area of the room.
An opening for ventilation may be omitted if mechanical ventilation is provided which changes the air 0.3 times each hour.
All systems of mechanical ventilation or air conditioning shall be maintained in good working order.
Basement, Cellar or Unheated Crawl Space
Every basement or unheated crawl space should be adequately vented to the outside air by means of screened windows which can be opened or by louvers with screened openings, the area of which shall not be less than 0.2 percent of the floor area for basements and 0.1 square meters of unobstructed vent area for every 50 square feet of floor area.
An opening for natural ventilation may be omitted from the basement or unheated crawl space where a system of mechanical ventilation has been provided which changes the air once each hour.
Parking Facilities
Parking facilities shall be maintained in a clean and safe condition.
Lighting in parking facilities shall be considered to be adequate if the number and arrangement to flight fixtures is such as to provide an average level of illumination of at least 54 lux (5 foot candles) at floor level over the entire floor area with a minimum level of 10 lux (1 foot candle) at any location on the floor.
Lighting fixtures in all parking facilities shall be protected from accidental or malicious damage by the provision of wire screens or by other suitable means.
No machinery, boats, vehicles including trailers, or parts thereof which are in an unusable, wrecked, discarded or abandoned condition shall be stored or allowed to remain in any parking facility.
Mechanical ventilation for parking facilities shall confirm with the requirements of the Ontario Building Code.
If in the opinion of an Officer there is a doubt as to the structural adequacy or condition of a parking garage or appurtenance, the Officer may order that an examination and written report be prepared by a professional engineer, licensed in Ontario, and employed by the owner or his authorized agent.
Lodging Houses
Every lodging house, group home and day nursery shall conform with the relevant provisions of the Ontario Building Code and Ontario Fire Code.
All electrical wiring shall be in accordance with the Ontario Electrical Safety Code, and a certificate of inspection shall be filed with the Township of South Stormont.
Every lodging house in which 3 or more persons are harboured, received or lodged shall comply with the following standards in addition to all other relevant legislation.
Adequate toilet and bathing facilities shall be provided and maintained, with at least one room, with access provided by means of an entrance from a common hallway or corridor, containing at least one wash-basin, one water- closet and one bathtub, for each five lodgers.
Where food is prepared or intended to be prepared, adequate facilities shall be provided for the proper preparation and protection of food, with such equipment to be in safe operating condition at all times.
No cooking or heating appliances shall be located or used in cupboards or clothes closets.