Loading...
HomeMy WebLinkAboutBy-law 1834/84THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 3.834/84 Being a By-law to establish and enforce minimum standards for the maintenance and occupancy of all property within the Town of Pickering WHEREAS pursuant to section 31.3 of the Planning Act, S.C. 1983, e. 1, as amended, the council of a municipality may pass a by-law for prescribing standards of maintenance and occupancy of property within the M~nicipality; and WHEREAS the Council of the Corporation of the Town of Pickering deems it necessary and expedient to pass a by-law for property within the Town and for prohibiting the occupancy or use of any property that does not conform to the standards and for requiring the property below the standards prescribed in the by-law to be repaired and maintained to comply with the standards or for the site to be cleared of all unsafe or dilapidated buildings or structures, debris or refuse snd left in a graded or levelled condition; NOW, THEREFORE, the Council of the Corporation of the Town of Picketing HEREBY ENACTS AS FOLLOWS: PART I SHORT TITLE 1. (1) This By-law may be cited as the "Property Standards By-law". PART II DEFINITIONS AND GENERAL PROVISIONS 2. (1) Scope The definitions as set forth under Section 31(1) of the Planning Act and the definitions as set forth in Section 3 of this By-law shall apply to the interpretation of this By-law. (2) (3) Interchan~eability - 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 singular. Terms Defined - Unless otherwise expressly stated, terms shall, for the purpose of this By-law, have the meanings indicated in Section 3. (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 ascribed to them their ordinarily accepted meanings and such as the context herein may imply. Definitions (1) Accessory Buildin~ - means a subordinate, detached building designed or intended for the better or more convenient use of the main building to which it is accessory, including private garages not attached in any way to the main building and located upon the lot which such main building is or is intended to be erected. (2) Approved - means as applied to a grade, material device or method of construction approved by the Property Standards Officer under the provisions of this By-law; or approved by other authority designated by by-law to give approval to the matter in question. (3) Basement - means that portion of a building between two (2) floor levels which is partly underground but which has at least half of its height, from finished floor to underside of floor joists of the next above storey, above the adjacent average finished grade level adjacent to the exterior walls of the building and in which the height from the finished grade to underside of the floor joists of the next above storey is less than 2 metres but more than 1.1 metres. (4) Bathroom - means a room containing a bathtub or shower with or without toilet and basin. (5) Brush - means the severed portions of limbs or branches of trees and shrubs. (6) (7) (8) Building - means any structure used or intended for supporting or sheltering any use or occupancy. Building Code - means Building Code as defined under the Building Code Act, R.S.O. 1980, c.51, including any regulations made thereunder. Cellar - means that portion of s building between two floor levels: a) b) which is partly or wholly underground, and which has more than one-half (1/2) of its height, from finished floor to finished ceiling, below the average finished grade level adjacent to the exterior walls of the building. (9) Dwelling - means a building, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons, containing one or more dwelling units. (10) Dwelling Unit - a) means one room or a group of rooms in a building used or designed or intended to be used by only one family as a single, independent and separate housekeeping establishment: i) in which food preparation and sanitary facilities are provided for the exclusive use of such a family, and ii) which has a private entrance from outside the building or from a common hallway or stairway inside the building, but b) does not mean or include a tent, cabin, mobile home, motor home, or a room or suite of rooms in a boarding or rooming house, in a hotel, motel, motor hotel, or tourist home. (11) Extermination - means a land or a structural extermination and shall ~ave a corresponding meaning to disinfected and dlsinfestation. a) b) Land Extermination - means the destruction, prevention or control on or over land of insects, vermin, birds, rodents or other pests, fungi or vegetation by use of any toxic or noxious substance but does not include the destruction, prevention or control of termites. Structural Extermination - means the destruction, prevention or control in, on, or adjacent to a building or vehicle or trailer, or insects, vermin, birds, rodents or other pests or fungi, by the use of any toxic or noxious substance and includes the destruction, prevention or control of termites. (12) Fence - means a structure, at grade, erected as a visual barrier or for a purpose of dividing or separating open space, or for restricting ingress or egress to an open space. (13) Fire Resistance Rating - means the rating assigned to any element or assembly that has been tested in accordance with the requirements of the Building Code. (14) Fire Separation - means a construction assembly that acts as a barrier against the spread of fire and may not be required to have a fire resistance rating or a fire protection rating. (15) Garbage - means the animal and vegetable waste, and related waste products resulting from the handling, preparation, cooking and consumption of food or drink. (16) Good Repair - means that a building, structure or appurtenance thereto including mechanical equipment shall be maintained in such a condition so as to free from accident or fire hazards, structurally sound, in good working order and not unsightly by reason of deterioration, damage or defacement, reasonable wear and tear excepted. (17) 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. (18) Habitable Room - means a room or enclosed floor space, used or capable of being used for living, eating, sleeping or domestic food preparation purposes. (19) Multiple Dwellin~ - means a building containing within its walls one or more rooming or dwelling units, and which may, in addition, contain other uses, and includes apartment buildings, town houses, rooming houses, hotels and motels. (20) Non-Habitable Room - means any room in a dwelling or dwelling unit other than a habitable room and includes bathroom, toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the dweIling for public use and for access to and vertical travel between storeys, and a basement or cellar or part thereof, which does not comply with the standards of fitness for occupancy set out in this by-law. (21) Noxious Weed - means any week classed as noxious by the Weed Control Act, R.S.O. 1980, c.530, and amendments thereto. (22) Nuisance Nuisance - means a condition or use of land or appurtenant building or structure which causes or is likely to cause: a) a health, accident, fire or similar hazard; or b) an appearance that is out of keeping with and detracts from the appearance of neighbouring lands. (23) Person - means an individual, association, firm, partnership, corporation, trust, incorporated company, corporation created under the Condominium Act, organization, trustee, or agent, and the legal representative of a person to whom the context can apply according to law. (24) Property - means land, premises and all buildings, structures, outbuildings, fences, steps, walks, walkways, driveways, parking spaces, erections, or part of any of them, located thereon whether heretofore or hereafter erected or constructed, and is divided into: a) "non-residential property" being property other than residential property and vacant land; b) "residential property", being property used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals and; c) "vacant land", being property upon which no building, structure, outbuilding, or part of any of them is located. but does not include public property (25) Public Property - means property the jurisdiction and owned by, leased to, or under control of any of, a) the Town, or any local board thereof; b) the Town of Picketing Public Library Board; c) the Picketing Hydro-Electric Commission; d) the Regional Municipality of Durham or any board or commission thereof; e) the Durham Board of Education; f) the Durham Roman Catholic Separate School Board; g) the Municipality of Metropolitan Toronto; h) the Metropolitan Toronto and Region Conservation Authority; i) the Central Lake Ontario Conservation Authority. (26) Roomin$ Unit - means one or more habitable rooms with shared sanitary, cooking or eating facilities, or with no cooking or eating facilities, which are rented to a person for gain. (27) Rubbish - means any combustible or non-combustible discarded or waste materials except garbage. (28) Salvage Yard - includes a scrap yard, junk yard, and wrecking yard, whether or not an active business is carried on therein or such yard is used for storage purposes. PART III 10. 11. 12. (29) (30) (31) (32) (33) (34) (35) (36) 4 Sewage System - means the system of storm sewers under the jurisdiction of the Town of Picketing. Sign - means a sign as defined by By-law 3071. Structurally Sound - means construction capable of withstanding the forces acting thereon when the building or structure is loaded in accordance with the provisions of the Building Code and having a factor of safety equivalent to that required by the Building Code. Toilet Room - means a room in which sanitary units are installed. Town - means the Corporation of the Town of Picketing. Unsafe Condition - means any condition that is likely to cause undue or unexpected hazard to life, limb or health of any person authorized or expected to be on or about the premises. Ventilation - means the process of supplying or removing air by natural or mechanical means to or from any space. Yard - means an open, uncovered space on a lot appurtenant to a building and unoccupied by buildings or structures except as may be expressly permitted in this By-law but does not include a court yard. In determining yard measures the minimum horizontal distances from the respective lot lines is to be used. MINIMUM MAINTENANCE~ REPAIR AND OCCUPANCY STANDARDS FOR ALL PROPERTIES Maintenance of Yards and Vacant 4ots All yards and vacant lots shall be kept clean and free of rubbish, garbage, brush, waste, litter or other debris and from objects or conditions that might create a health, fire or accident hazard. All yards and vacant lots shall be free of dilapidated or collapsed structures or accumulation of materials, machinery, or any parts thereof or any other unsafe condition or unsightly condition. All yards and vacant lots shall be kept clean and free from termites, rodents, vermin and other pests and any condition which might result in the harbouring of such pests. Ail yards and vacant lots shall be free of holes or excavations or any unprotected wells that might create mn accident or health hazard. All yards except those used in connection with active agricultural operations shall be protected by suitable ground cover which prevents erosion of the soil. Plants, vegetation and grass shall be kept trimmed or maintained so as not to become unsightly to neighbouring properties. Heavy undergrowth and noxious weeds shall be controlled. Hedges, plantings, trees or other landscaping required by the Town as a condition of site development or re-development shall be maintained in a living condition or shall be replaced with equivalent landscaping, so as to carry out their intended function and maintain an attractive appearance. Structural Capacity Every part of a property, building or structure, whether residential or non-residential shall be maintained in a structurally sound condition so as to be capable of sustaining any load to which normally it might be subjected. Materials forming part of a building or structure other than a farm-related accessory building which show damage or evidence of decay or other deterioration shall be repaired or replaced in a workmanlike 5 13. 14. Sewerage and Drainage Sewage and organic waste shall be discharged into a municipal sewage system or by other approved means. Inadequately treated sewage shall not be discharged onto the surface of the ground whether into natural or artificial drainage system or otherwise. 15. 16. Rain water downspouts and eavestroughs shall not be discharged directly to sidewalks, stairs or adjacent property. Storm water shall be drained from the lands so as to prevent the collection of stagnant water or the entrance into a basement or cellar. 17. Bufferin~ Premises which because of their use or occupance, create a nuisance to adjacent premises or to the neighbourhood or to the users of streets or parks shall be buffered from such premises or public areas so as to minimize the effect of the nuisance. 18. Without limiting the generality of the foregoing, such buffering shall include: (1) The provision and maintenance of an effective barrier to prevent lighting and vehicle headlights from shining directly into a dwelling or rooming unit; (2) the provision and maintenance of an effective barrier to prevent wind-blown waste, wrappings, debris and the like from encroaching on the adjacent premises; (3) the provision and maintenance of a visual screen, appropriate to the nature of the adjacent uses, to minimize the visual impact of nuisances to persons adjacent to the property. 19. Accessory Buildings An accessory building shall be kept from health, fire and accident hazards. in good repair and shall be free 20. The foundations, walls, roofs and all parts of accessory buildings and other structures appurtenant to the main building shall be maintained in good repair and so as to prevent an unsafe condition and an unsightly appearance. 21. Unoccupied Buildings Where any building is unoccupied the owner or his agent shall protect every such building against the risk of fire, accident or other danger and shall reasonably prevent the entrance thereto of all unauthorized 22. 23. Where a building remains unoccupied or vacant for a period of more than ninety (90) days, the owner or his agent shall ensure that all utilities servicing the building are properly disconnected or otherwise secured, to prevent accidental damage to the building or adjacent property. Section 22 does not apply where such utilities are necessary for the safety of the building. Exterior Areas 24. All exterior surfaces that have been previously painted, stained, varnished or which have received other similar protective finishes shall be maintained in good repair. 25. Appropriate measures shall be taken to remove any defacement, occurring on the exposed finished exterior surfaces and, where necessary, to restore the surface and adjacent areas to, as near as possible, their appearance before the markings, stains or defacement occurred. 26. In the event of fire or other disaster, subject to Section 27, measures shall be taken as soon as possible to restore the damaged building or structure to a state of good repair. Without restricting the generality of the foregoing such measures include: 6 (1) making the building and/or accessory structure safe; (2) repairing damaged surfaces exposed to view; (3) cleaning any damaged surface exposed to view; and (4) refinishing so as to be in harmony with adjoining undamaged surfaces and the general environment. 27. In the event the building and/or accessory structure is beyond repair, the land shall be cleared of all remains and left in a graded, level and tidy condition. 28. Parking, Walkways and Safe Passage Except where a property has been developed in conformity with an approved site plan, areas used for vehicular traffic other than solely for parking shall be paved with bituminous, concrete or equivalent surfacing or shall be surfaced with crushed stone or other suitable and reasonable dust free substance, and shall be free from ponding and puddles and otherwise in good repair. Parking areas shall be maintained in good repair. 29. In yards of multiple dwellings and non-residential private properties sufficient lighting of exterior property areas shall be provided to minimize any danger to persons using walkways. 30. Poles and fixtures for artificial lighting shall be kept in safe conditions, in working order and in good visual condition. 31. Communal walkways, driveways, ramps, parking areas and outside stairs and landings shall be promptly cleared of dangerous accumulations of snow and ice. 32. Walkways shall be repaved, resurfaced or regraded as often as necessary to maintain in good repair and a reasonably smooth, slip-free and safe surface for pedestrian traffic. Fences 33. Every fence shall be kept - (1) in a structurally sound condition; (2) free from objectionable markings, painted slogans, stains or other defacement; and (3) in good repair. 34. Exterior Walls, Columns and Beams The exterior wall of a building or structure shall be maintained - (1) in good repair; (2) free from any loose or unsecured objects or materials; (3) free from cracked or broken masonry units, defective or deteriorated wood or metal siding, cracked, broken or loose stucco; and (4) in a manner to prevent deterioration due to weather, insects and animals, and so as to prevent deterioration detrimental to the appearance of the building. 35. Exterior columns, beams and decorative trim shall be maintained in a state of good repair and any decorative trim shall be maintained in a safe condition. Foundation 36. Every foundation forming a part of a building or a structure shall be maintained in good repair so as to prevent settlement detrimental to the appearance of the building, or the entrance of moisture, insects or rodents into the building. 37. Without limiting the generality of Section 36, the maintenance of a foundation includes the shoring or underpinning of walls, installing subsoil drains at the footings, the grouting of masonry cracks, waterproofing of the walls and joints, and the carrying out of such other work as may be required to overcome any existing settlement detrimental to the appearance or the safety of the building. 7 Roofs and Roof Structures 38. The roof of a building and/or accessory structure shall be kept in good repair and free from - (1) leaks; (2) loose or unsecured or unsafe objects and materials, (3) dangerous accumulation of ice and snow; (4) all other accident and fire hazards. 39. Roof decks and related guards shall be kept in a state of good repair. Every eavestrough, roof gutter and downpipe shall be kept: (1) in good repair; (2) properly secured; (3) watertight and free from leaks; (4) free from health and accident hazards 41. Chimneys, smoke or vent stacks and other roof structures shall be maintained in good repair so as to be free from: (1) loose bricks, mortar, and loose or broken capping; (2) loose or rusted, stanchions, guy wires, braces and attachments; and (3) any fire or accident hazard. 42. Exterior Dgprs, Windows a~d Other Openings Rotted or damaged doors, door frames, window frames, sashes and casings, broken glass and missing or defective door and window hardware shall be repaired or replaced. 43. All exterior windows, including storm and/or screen windows, shutters, doors, hatchways and all other exterior openings in a building or an accessory structure shall be kept in good repair and reasonably weathertight. Exterior Stairs, Verandahs~ Porches, Decks, Loadin~ Docks and Balconies Every exterior stair, verandah, porch, deck, loading dock, balcony and every appurtenance attached thereto shall be maintained, reconstructed or repaired so as to be safe to use and capable of supporting the loads to which it may be subjected under normal use 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 structure. 45. Without restricting the generality of Section 44, the maintenance, reconstruction or repairing includes - 46. (1) repairing or replacing treads, risers, or floors that show excessive wear or are broken, warped, loose or otherwise defective; (2) repairing, renewing or supporting structural members that are rotted, deteriorated or loose; (3) providing, repairing or renewing guardrails, railings and balustrades; and (4) painting or applying of other equivalent preservative. A balustrade shall be installed and maintained in good repair on the open side(s) of a balcony, porch, landing, stairwell and stairway. 47. A handrail shall be installed and maintained in good repair on all stairways. 48. Ail balustrades, handrails, and supporting structures shall be adequate to safely support persons using the same. 49. Sisns Signs and sign structures shall be maintained - (1) in good repair; (2) so as not to cause any unsafe or unsightly condition; (3) as may additionally be required by the appropriate by-laws of the Town. Craneways~ Gantrie~,. Li~htpin~ Arrestors, Television and Radio Antennae and Structures of Similar Character 50. Craneways, gantries, lightning arrestors, television and radio antennae and structures of similar character shall be maintained in good repair and free of fire and accident hazards. 51. Access and E~ress to Interior Buildin~ Areas Every dwelling unit or rooming unit shall have a means of access so as to provide a safe, continuous and unobstructed means of egress from the interior of such unit to an exit at street or grade level without the necessity of passing through a room or rooms that is or are occupied by/or are under the control of any other dwelling unit or rooming unit. 52. Where a dwelling contains a second dwelling unit or rooming unit located other than on the ground floor or the first floor above the ground floor of the said dwelling, there shall be a secondary means of egress to an exit at street or grade level. 53. A means of egress as referred to in Sections 51 and 52, shall not pass through an attached garage, a built-ingarage, or an enclosed part of any other building. All safety equipment relative to exits and means of egress, such as doors, closures, co-ordinating devices and astragals, smoke seals and pressurized vestibules, latching devices, hinges and the like, shall be maintained in good repair. 55. Fire doors shall be maintained in a closed position at all times when not in actual use. 56. Exit signs shall be maintained in good repair. 57. Stairways and landings shall be capable of providing support to loads for which they are intended and maintained in good repair. 58. Balustrades and handrails and supporting structures shall be adquate to safely support persons using the exit facility. 59. 60. Heating. Systems No room heater shall be placed so as to constitute s fire hazard walls, curtains and furniture. Fireplaces and similar installations used or intended to be used for burning fuels in open fire shall be connected to a smoke pipe, chimney, flue or gas vent and shall be installed so that near or adjacent combustible materials and structural members shall not be heated so as to exceed a safe temperature. 61. Fuel burning appliances shall - (1) have ample air supply to permit combustion to occur; (2) be located in such a manner as to prevent impediment to the free movement of persons and the overheating of adjacent materials and equipment; and (3) be provided with guards where necessary to minimize risk of accidents and fire hazards. 62. Where a heating system, heating equipment or any auxiliary heating units burn solid or liquid fuel, a place or receptacle adequate for the storage Of such fuel shall be provided and maintained in an approved location and shall be constructed so as to be free from fire and accident hazards. 63. An appliance that burns 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. 64. 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 - (1) the heating of adjacent materials to unsafe temperatures; (2) the entrance of noxious gases into the building; and (3) other fire and accident hazards. 65. Ail connections between - (1) heating equipment, or (2) cooking equipment that burns or is designed or intended to burn liquid or gaseous fuel, and (3) the source of liquid or gaseous fuel shall be maintained in good repair and in accordance with the requirements of the Building Code. 66. Electrical Systems The capacity of the connection to the building and the system of circuits distributing the electrical supply within the building shall be adequate for the use and intended use and shall be in compliance with the Hydro Electric Power Code of Ontario. 67. Electrical wiring, cords, circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be installed and maintained in good working order at all times, free from fire and accident hazards and in compliance with the requlations in the Building and Fire Codes pursuant to such installation and maintenance. 68. Li~htin~ - In Ail Areas Other Than Within Private DwellinG Units Adequate lighting fixtures shall be installed and maintained in all areas so that work or operations normally carried out in such areas, or the use of such areas, can be undertaken in safety. 69. Artificial lighting shall be provided and maintained in good working order at all times in every stairway, hall and passageway, in every room in which plumbing fixtures are installed, and in every furnace room and boiler room. Ventilation 70. Every bathroom or toilet room shall be provided with an opening or openings for natural ventilation located in an exterior wall or through openable parts of skylights providing a minimum aggregate unobstructed free flow area of 0.3 square metres, provided, however, that an opening for natural ventilation may be omitted where a system of mechanical ventilation has been provided, such as an electric fan with a duct leading to outside the dwelling, and which operates continuously or is activated the light switch for the bathroom or toilet room, or by other approved means. 71. Where an aperture such as a window, skylight or louvre issued for ventilation, the aperture shall be maintained so as to be easily opened, kept open or closed, and all systems of mechanical ventilation or air conditioning shall be maintained in good repair. 10 72. Every attic, basement, cellar and unheated crawl space shall be adequately vented to the outside air. These areas shall be deemed to be adequately vented when in a basement or cellar, windows which can be opened or screened openings are provided, the aggregate area of which shall not be less than one (1) percent of the floor area and for an unheated crawl space, a number of louvres with insect screen of corrosion resistant material are provided. 73. Sufficient ventilation shall be provided to all areas so as to prevent accumulations of heat, dust, vapours, odours, carbon monoxide and other gases likely to create a potential fire, explosion or toxic hazard, or become a nuisance. 74. Mechanical ventilation equipment and the supports for such equipment shall be maintained in good repair and in a safe mechanical condition. 75. Air conditioning shall be equipped with adequate devices for the protection of condensation drainage onto entraneeways, sidewalks or pathway. 76. Ventilation systems shall be installed and maintained so as to prevent, in an emergency the rapid spread of heat, flame or smoke through the system. 77. Air for ventilation purposes shall be taken from the exterior or shall be quality controlled. 78. 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 air from an uncontaminated source. 79. Exhaust openings shall be located so that the exhaust air will not create a nuisance or a fire hazard. 80. 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 structure. Plumbin~ and Fixtures 81. All plumbing, plumbing fixtures and drainage systems shall be installed and maintained - (1) without cross connections to the potable water supply; (2) in working order and good repair 82. Sanitary conveniences and toilet facilities shall be located and enclosed so as to provide both accessibility and privacy. 83. Rooms containing sanitary conveniences and toilet facilities shall be regularly cleaned so as to be maintained in a clean and sanitary condition. 84. Refuse Disposal Every building shall be provided with sufficient receptacles all garbage, rubbish, ashes and/or trade waste. to contain 85. Every building shall be provided with rodent-proof storage space for garbage and/or trade waste. 86. Receptacles shall be made of metal or plastic or other such material of water tight construction, provided with a tight fitting cover and maintained in a reasonably clean state. 87. All garbage, rubbish, ashes, waste and other refuse shall not be allowed to accumulate and shall be removed or made available for removal in accordance with By-law 385/76 (Garbage Collection). 88. 89. 90. 91. 92. 93. 94. 95. 96. 97. 98. 99. 100. 11 External containers and receptacles shall be screened from public view. Interior Surfaces~ Walls, Floors and Ceilings Exposed interior surfaces other than those within private dwelling units shall be maintained - (1) in a clean, reasonable manner for normal use or occupancy of the room, passageway, enclosure or space; (2) in good repair, free from holes, loose, broken, torn, damaged or decayed materials; and (3) so as to afford the fire resistant properties and other protection for which they were designed. Common areas of buildings shall be kept free of defacement. In addition to the maintenance required by Section 89, floors shall be maintained - (1) free of loose or decayed boards and materials; and (2) 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 defects occur. Walls, floors, ceiling and roof construction, including fire protective closures, sprinkler systems including fire protective closures, sprinkler systems and other means of fire protection shall be maintained in such a manner as to afford the fire resistive properties and protection for which they were designed. Every wall and ceiling finish other than those within private dwelling units shall be maintained in good repair. Stairs~ Porches and Landings An inside stair and any porch appurtenant to it shall be maintained so as to be free of holes, cracks and other 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. A balustrade, handrail or bannister shall be installed and maintained so as to provide reasonable protection against accident or injury on an open side of a stairway, balcony, landing or stairwell. All balustrades, handrails and supporting structures shall be adequate to safely support persons using same. Doors and Windows Interior doors and door frames shall be maintained in a condition to ensure the proper operation of the door and a door shall be a good fit in its frame. Ail necessary hardware, including automatic door closers, shall be maintained in good repair or replaced when removed or not readily repaired. Underground Parking Garages Underground parking garages shall be maintained in a clean and safe condition in accordance with the requirements of the Building Code. All underground parking garages shall be adequately lighted at all times. Lighting in underground parking garages shall be considered to be adequate if the number and arrangement of light fixtures is such as to provide an average level of illumination of at least 53.8 lx (5 foot candles) at floor level over the entire floor area with a minimum level of 10.8 lx (1 foot candle) at any location of the floor. 12 101. Lighting fixtures in all underground parking garages shall be protected from accidental or malicious damage by the provisions of wire screens or by other suitable means. 102. No machinery, boats, vehicles, including trailers, or parts thereof which are in wrecked, discarded or abandoned condition shall be stored or allowed to remain in an underground parking garage where they constitute a safety hazard. Communal Facilities and Rooms 103. Communal facilities or amenities for the use of occupants of a building or accessory structure where provided shall be maintained, repaired and cleaned as necessary to maintain the amenity, facility or room in a safe condition. 104. Health and Occupancy A building shall be kept free of rodents and vermin at all times and methods for exterminating rodents or vermin or both shall be in accordance with the provisions of the Pesticide Act and the appropriate By-law of the Town. 105. Interior floors, ceilings and hallways shall be kept free from dampness by means of floor drains, ventilation or other approved means. PART IV ADDITIONAL STANDARDS FOR RESIDENTIAL PROPERTIES Maintenace of Yards 106. Any vehicles, including a trailer or boat, which is in a wrecked, discarded, dismantled or abandoned condition shall not be parked, stored or left in a yard. 107. Dismantled vehicles, boats or trailers, or vehicles, boats or trailers which are being privately renovated, repaired, or restored by their owner will be permitted where such vehicles or trailers do not exceed two per property and provided they do not create an unsightly condition. 108. Parking, Walkways and Safe Passage There shall be a surfaced pedestrian walk leading from every dwelling to the property line parallel to the street and a surfaced driveway in excess of 2.5 metres in width may form part of the walk system. 109. Walkways shall be repaved or resurfaced as often as necessary to maintain a reasonably smooth, slip-free and safe surface for pedestrian traffic. 110. All sidewalks and driveways on any property upon which there is located a multiple dwelling, shall be maintained in a safe and accident-free condition and shall be kept evenly graded, free from potholes and 111. All sidewalks, driveways, ramps, parking areas, outside stairs and landings on any property upon which there is located a multiple dwelling shall be promptly cleared of dangerous accumulations of ice and snow. 112. E~ress 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. 113. There shall be a secondary means of egress from every dwelling unit located on each floor above the second floor, and for two or more dwelling units located in the basement, so as to provide a safe and convenient means of egress in an emergency. 114. The passage required as egress from one dwelling unit shall not pass through any other dwelling unit. 13 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. At all times when the area served is occupied, doors used as a means of egress from a multiple dwelling or a storage garage shall be so arranged as to be readily opened, without the use of a key, in the direction of exit travel. Every door used as an entrance to or means of egrees from a multiple dwelling or from a storage garage which is not open and available for use by the general public, shall be kept closed and locked and shall be provided with approved self-closing and self-locking mechanisms and shall not be secured in an open position except in an emergency situation. Heatin~ Systems Every dwelling and dwelling unit shall be provided with a heating system capable of maintaining a room temperature between 200 C and 260C in habitable rooms, bathrooms and toilet rooms. The heating system required in Section 117 shall be maintained and operated in good working condition so as to be capable of heating all parts of the dwelling safely to the required room temperature. A furnace that services (3) three or more dwelling units and is located adjacent to habitable spaces shall be enclosed with walls, ceiling and door having a fire resistance rating of not less than one (1) hour. The enclosure referred to shall be provided with sufficient combustion air directly from the outside. All fuel burning appliances and equipment and appurtenances whether for heating, cooking, or air conditioning, located in or attached to a dwelling shall be installed, maintained and properly vented in order to: (1) operate in a manner as to present no preventable safety hazard to the building, its occupants, components or contents; (2) prevent the heating of combustible material and structural members above a safe temperature; (3) prevent the entrance of gases or fumes into the dwelling. Every chimey, smoke pipe, flue and gas vent shall be maintained so as to prevent the leakage of gases into a dwelling with all joints sealed and all broken or loose masonry repaired and kept free of obstructions so as to be in a safe and fire resistent condition. In multiple dwellings with a central heating system, the same shall be located in a separate room having a minimum one (1) hour fire separation from the remainder of the building. A space in a multiple dwelling that contains a heating unit or incinerator, which requires combustion air, shall have natural or mechanical means of supplying the required combustion air from outside the dwelling. 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 providing for the occupancy to provide fuel, an adequate supply of fuel, in a convenient, safe location, shall be available at all times for the equipment. Thermal insulation shall be provided on walls above grade to prevent moisture condensation on the interior surfaces of walls, ceilings and floors during the winter and to minimize heat loss. Lighting All multiple dwelling buildings shall have adequate illumination in all common areas, including hallways, stairwells, parking lots, underground garages and elevators. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139. 140. 14 Plumbln~ and Plumbin~ Fixtures Every dwelling and dwelling unit shall contain plumbing fixtures consisting of at least - (1) a toilet, (2) a kitchen sink, (3) a wash basin, and (4) a bathtub or shower In a building containing residential units, the sanitary conveniences and toilet facilities used in conenction with the residential portion of the building shall be separated from any facilities and conveniences used in connection with any non-residential portion unless the occupants of the residential portion are also the occupants of the non-residential portion. Below grade floors shall be adequately drained so as to prevent the ponding of water on the floor surface. Kitchen Facilities Every kitchen in a dwelling unit shall have a sink. Every sink required by this by-law shall have an adequate supply of running water and shall be connected to the drainage system. The splash back and counter top around the kitchen sink shall have an impervious surface. Every kitchen shall be provided with an adequate and approved gas or electrical supply unless fuelled by wood, coal or oil for cooking purposes. Dwelling units shall be equipped with a cooking apparatus in good repair and in good working order. Where occupants prepare food, adequate kitchen storage facilities shall be provided and maintained in good repair. Any cooking appartus shall have at least 0.6 metres clear space above any exposed cooking surface. Bathrooms and Toilet Rooms All bathrooms and toilet rooms shall be located within and be accessible from within the dwelling. A wash basin shall be located within or shall be conveniently adjacent to the room containing the toilet. The occupants of not more than two (2) dwelling units may share a toilet, wash basin and bathtub or shower, provided; (1) not more than a total of eight (8) persons occupy both dwelling units; (2) access to the fixtures can be gained without going through rooms of another dwelling unit or outside the dwelling. In a rooming house there shall be a toilet, wash basin and bathtub or shower for every eight (8) occupants or portion thereof and the facilities shall be located on the same storey as, or on the next storey up or down from the storey on which each room or each dwelling unit is located. Water Supply and Facilities 141. Every dwelling shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 142. 143. 144. 145. 146. 147. 148. 149. 150. 151. 152. 153. 15 Every sink, wash basin, bathtub or shower required by this by-law shall have sn adequate supply of hot and cold running water relative to the occupancy of the dwelling. Adequate running water shall be supplied to every toilet and urinal. Refuse Disposal and Storage Every dwelling and every dwelling unit within the dwelling shall be provided with sufficient receptacles to contain all garbage, rubbish and ashes. In multiple dwellings, every garbage chute, garbage disposal room, garbage storage room, garbage container or receptacle shall be washed and disinfected as often as is necessary to maintain a clean condition. Where garbage or refuse is stored within a multiple dwelling such storage area shall be: (1) kept in a clean and sanitary condition; (2) so screened to prevent the entry of insects, rodents and vermin into the storage area; (3) provided with the necessary screens and/or shields to prevent the entry of insects, vermin or rodents into any portion of a dwelling; and (4) ventilated by both natural and mechanical ventilation systems so that no noxious odours enter any portion of the dwelling units. Interior Surfaces and Walls Wall surfaces in public parts of multiple dwellings shall be maintained in good repair and shall be renewed or refinished when necessary to maintain an attractive appearance. Unsightly marks, slogans and similar markings and defacements on the walls and other surfaces shall be removed and the surface refinished if necessary. Windows, exterior doors, and basement or cellar hatchways shall be maintained in good repair. In multiple dwellings, doors connecting dwelling units to an entrance or exit system shared in common with other dwelling units shall have locking devices and maintained in operative repair. Access doors, as above, shall afford the occupants of the dwelling unit with a reasonable degree of privacy and safety. In the public parts of multiple dwellings, cracked and broken glass in door panels, glass in door panels, glass screens and windows shall be replaced with approved glass or similar materials. In multiple dwellings, glazed doors, windows and other transparent surfaces in those parts of the building used by the tenants in common, shall be kept in a reasonably clean condition. All openable windows in a multiple dwelling shall be screened, and latched or secured in order to discourage their easy removal or opening by small children. Proper protective devices shall be installed according to the standards prescribed in the Building Code, on those external openings and windows located in the common areas of a multiple dwelling so as to be free from any accident or safety hazards. PART V 154. ADDITIONAL STANDARDS FOR NON-RESIDENTIAL PROPERTIES Maintenance of Yards No vehicles, trailer, boat or mechanical equipment which is in a wrecked, discarded, dismantled condition shall be parked, stored or left on the yards unless such vehicle, trailer or mechanical equipment is required for a lawful business purpose. 155. 156. 157. 158 159. 160. 161. 162. 163. 16 Where a lawful business requires outdoor storage for any purpose, the area shall be defined and enclosed with a fence according to the standards set out in the Business Licensing By-law and the Zoning By-laws of the Town. All outdoor salvage or scrap yards shall be obscured by screening from surrounding properties. Such screening shall be of uniform construction and meet the requirements of the appropriate By-laws of the Town and amendments thereto. Parking, Walkways and Safe Passage Exterior steps, walks, loading docks, ramps, parking spaces, driveways and similar areas of yard shall be maintained in a good state of repair and free from conditions which would prevent passage free from hazard to any person under normal use and weather conditions. Fences and approved enclosures around or on a non-residential property shall be kept: (1) reasonably uniform in height; (2) weather resistent by the application of appropriate including paint or other preservative materials; (3) in good repair; (4) free from accident, health and fire hazards; (5) free from defacement. materials Sigp.s Signs which are damaged or broken, or which are excessively weathered, or faded or upon which the finish is worn, peeled or cracked shall, with their fastenings or supporting members, be removed or shall be refinished and put in a good state of repair. Nothing in Section 160 shall be deemed to prevent the lawful use of signs, notices or advertising material for the normal purpose of such business conducted at the non-residential property. All signs permitted by the appropriate by-laws of the Town on any non-residential property shall be maintained in a good state of repair. Egress All passageways within a non-residential building or a storage area and all means of egress from the building shall be maintained. (1) free from all obstruction or impediments; (2) with lighting facilities capable of supplying not less than 10.76 lx (1 foot candle) of light intensity on the floor surfaces continuously; and (3) with clean, clear, unobstructed and readily visible exit signs where such exit signs would be required to locate means of egress. Heating Systems A heating system shall be provided in s non-residential building, maintained in a safe and good working condition free from fire, health and accident hazards, so regulated as to prevent unnecessary discomfort for all persons using or employed in the building and capable of maintaining the desired indoor temperature commensurate with the operations carried on within the building. In non-residential buildings where persons are employed in duties and operations in an enclosed space or room who are not engaged in active physical activity, a heating system shall be provided capable of maintaining, during normal hours of occupancy sufficient heat to maintain an average room temperature between 200C. 164. 165. 166. 167. 168. 169. 170. 171 · 172. PART VI 173. 174 · 175. 176. 177. 17 The heating system required by Sections 163 and 164 shall be maintained in good working condition and shall be operated so as to be capable of heating the building safely to the required standard. Electrical $~stems Non-residential properties shall be wired for electricity and connected to an electrical supply system so that an adequate supply of electrical power may be available at all times. Lighting In all parts of a non-residential building a level of ilIumination shall be provided and maintained which will adequately protect all persons within the building from health and accident hazards. Ventilation Sufficient ventilation shall be provided to all parts of a building so as to prevent accumulations of heat, dust, vapours, odours, carbon monoxide and other gases likley to create a potential fire, explosion, or toxic hazard or to become a nuisance. If mechanical ventilation is provided it shall change the air at least once each hour and, if necessary, more frequently. Toilet Room Facilities Buildings where people work shall have a minimum of one (1) toilet and one (1) wash basin supplied with hot and cold running water located in an enclosed room conveniently accessible to the employees. Each toilet room shall be provided with toilet paper, soap and individual paper towels or other means of drying and suitable deodorizing material. All toilet rooms shall be fully eneIosed and with a door capable of being locked so as to provide privacy for the persons using such. Every non-residential property shall be maintained: (1) in a clean, sanitary and safe condition, free from litter, refuse and debris and containers for the disposal of such litter or refuse shall be provided; (2) free from objects or conditions which create health, fire or accident hazards; (3) free from rodents, vermin and insects. ADMINISTRATION AND ENFORCEMENT Scope and Effect This By-law applies to all property within the Corporate limits of the Town of Pickering. No person shall use or occupy, or permit the use of or occupancy of any property that does not conform to the standards set out in this By-law. The owner of any property which does not conform to the standards shall repair and maintain such property to conform to the standards or shall clear the site of all buildings, structures, debris or refuse and leave it in a graded and levelled condition. No person shall remove from any premises any sign, notice or placard placed thereon pursuant to Section 31 of The Planning Act, S.C. 1983, 0.1, aa amended. General Provisions Where a provision of this By-law conflicts with a provision of any other By-law in the Town or any applicable government regulations, the provision that establishes the higher standard to protect the health, safety, and welfare of the general public prevails. 178. 179. 180. 181. 182. 183. 184. 18 Property Standards Committee A Property Standards Committee is hereby established consisting of three (3) resident ratepayers of the Town to be appointed by Council for three (3) year terms with the exception of the first appointments. Where a member ceases to be a member before the expiry of his term, Council shall forthwith appoint another eligible person for the unexpired portion of the term. Property Standards Officer The Council of the Town shall appoint a Property Standards Officer, hereinafter called "the Officer", who shall be responsible for the administration and enforcement of this By-law. General Assistance Any Building, Public Works, Plumbing, Planning or Fire Prevention Officer of the Town and the Health Inspector of the Region of Durham is hereby authorized to act as an assistant to the Officer from time to time. Penalties Any person convicted of a breach of any of the provisions of this By-law shall be liable to a fine not exceeding $2,000.00 exclusive of costs for each offence pursuant to Section 321 of The Municipal Act, R.S.O. 19BO, c.302, as amended. In addition to any other penalty, an owner who contravenes an Order of the Property Standards Officer that is final and binding shall upon conviction, be liable to a fine not exceeding $500.00 exclusive of costs, for each day that he is in contravention of the Order, pursuant to Section 31 of The Planning Act, S.C. 1983, c.1, as amended. By-law Numbers 2444 and 3844 are hereby repealed. By-law read a first, second and third time and finally passed this 7th day of May 1984.