Property Standards By-law 1998-065

2.1 This By-Law shall apply to all buildings, dwellings, dwelling units, and land, which are now, or may become in the future substantially substandard with respect to structure, equipment, facilities, maintenance, light, heating, air sanitation, occupancy and protection against fire hazard, or otherwise may be deemed to
constitute a menace to the safety, health or welfare of their occupants.

In this By-Law unless the context otherwise requires:

3.1 "Accessory Building or Structure" means a detached building or structure that is not used for human habitation, but the use of which is naturally and normally incidental to, subordinate to, or exclusively devoted to a principle use or building and located on the same land therewith.

3.2 "Approved" means acceptable to and approved by the Property Standards Officer or other such person employed by the Town of Bradford West Gwillimbury to administer this By-Law;

3.3 "Balustrade" means a protective barrier that acts as a guard around openings or doors or at the open side of stairs, landings, balconies, mezzanines, galleries, various walkways or other locations to prevent accidental falls from one level to another. Such barrier may or may not have openings through it;

3.4 "Basement" means any storey located below the first storey. The first storey of a building is the floor closest to grade and having its ceiling more than 1.8 m above grade;

3.5 "Bathroom" means a room containing a bathtub or shower with or without a water closet and basin;

3.6 "Built-up area" means five (5) or more residences located on the same side of a street, in a continuous 304.8 metre strip fronting on such a street;

3. 7 "Building" means any structure used or intended for supporting or sheltering any use or occupancy;

3.8 "Cellar" means that portion of a building between two floor levels which is partly or wholly underground, but which has more than one-half of its height from finished floor to finished ceiling below the adjacent average finished grade;

3.9 "Clean and Sanitary" means clean and sanitary to the satisfaction of the Medical Officer of Health;

3.10 "Committee" as defined within Section 15.1 of the Building Code Act for the Province of Ontario.

3.11 "Dwelling" means a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part for the purpose of human habitation and includes the land and premises appurtenant thereto and all out buildings, fences, or erections thereon or therein;

3.12 "Dwelling Unit" means one or more rooms connected together as a separate unit in the same structure and constituting an independent unit for residential occupancy by humans for living and sleeping purposes;

3.13 "Egress" means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp, or other exit facility used for the escape of persons from any point within a building, a floor area, a room, or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building;

3.14 · "Floor Area" means the total floor area contained within a building or room which area is measured between the exterior faces of the exterior walls or from the centre line of a common or party wall;

3.15 "Fire Resistance Rating" means the time in hours or fraction thereof that a material or assembly of materials will withstand the passage of flame and the transmission of heat when exposed to fire under specified conditions of test and performance criteria, or as determined by extension or interpretation of information derived therefrom as prescribed in the Ontario Building Code.

3.16 "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);

3.17 "Habitable Room" means any room or space intended primarily for human occupancy, but excludes any space in a dwelling used as a lobby, hallway, closet, bathroom, or common room;

3.18 "Injurious" means injurious in the opinion of the Medical Officer of Health or a Public Health lnspector;

3.19 "Inspector" means all inspectors set out in Section 13 of this By-Law.

3.20 "Land" means the land around and appurtenant to the whole or any part of the premises and used or intended to be used, or capable of being used in connection with the dwelling, dwelling unit or building;

3.21 "Landscaping" means any combination of trees, shrubs, flowers, grass or other horticultural elements, together with decorative stonework, paving, fencing, screening or other architectural elements, all of which are designed to enhance the visual amenity of a property and/or provide a screen;

3.22 "Medical Officer of Health" means the Medical Officer of Health of The County of Simcoe;

3.23 "Mixed-use Building" means a building used in part for residential purposes and in part for non-residential purposes;

3.24 "Multiple Dwelling" means a building containing three or more dwelling units;

3.25 "Non-Habitable Room" means any room other than a habitable room, and includes a bathroom, toilet room, laundry, pantry room, lobby, communicating corridor, stairway, closet, boiler room, common room, or space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storeys;

3.26 "Non-Residential" applies to the occupancy or use of a building or part thereof for any purpose other than providing eating or sleeping accommodation;

3.27 "Noxious Weed" means any weed classed as noxious by the Weed Control Act, R.S.O. 1990, Chapter W.5, and amendments thereto;

3.28 "Nuisance" means a condition that is injurious, offensive, objectionable or obnoxious by reason of the emission of gas, fumes, dust, sawdust, excessive lighting, odour or by the storage of goods, wares, rubbish, salvage, refuse, waste or other materials; (deleted and replaced by by-law 2023-70)

3.29 "Occupant" as defined within Section 15.1 of the Building Code Act for the Province of Ontario;

3.30 ""Owner" as defined within Section 15.1 of the Building Code Act for the Province of Ontario;

3.31 "Person" shall mean an individual human being, a corporation, their heirs, executors, assigns, administrators or other legal representatives of a person with or without share capital, any association, firm, partnership or private club of a person to whom context can apply according to the law;

3.32 "Property" as defined within Section 15.1 of the Building Code Act for the Province of Ontario;

3.33 "Repair" as defined within Section 15.1 of the Building Code Act for the Province of Ontario;

3.34 "Residential" means the occupancy or use of a building or part thereof by persons for whom sleeping accommodation is provided but who are not harboured or detained to receive medical care or treatment or are not involuntarily detained;

3.35 "Rooming House" or lodging house means a building where sleeping or lodging accommodation is provided· for remuneration, with or without meals, to more than three (3) persons exclusive of the owner and his immediate family;

3.36 "Rural Area" means an area not located within a plan of subdivision or "built-up area" as defined in this By-law and/or is zoned or used for agricultural purposes;

3.37 "Salvage Yard" includes a scrap yard, junk yard, and/or wrecking yard, whether or not an active business is carried on therein or such yard is used for storage purposes;

3.38 "Sanitary Unit" means a water closet or a urinal and may include a sink, shower or tub;

3.39 "Sewage System" means a sanitary sewer system or a private sewage disposal system as defined in the Ontario Building Code, Part 8;

3.40 "Standards" means the standards of physical condition and of occupancy prescribed for property in this By-Law;

3.41 "Standards Officer (Property)" means a person who has been assigned the responsibility of administering and enforcing this By-Law;

3.42 "Toilet Room" means a room in Which sanitary units are installed;

3.43 "Town" means the Corporation of the Town of Bradford West Gwillimbury;

3.44 "Urban Area" means an area located within a plan of subdivision, an area zoned Residential and/or a "built-up area" as defined within this by-law (please refer to Schedule "A" attached, for larger urban areas only);

3.45 ''Yard" means the land, other than publicly owned land, around or appurtenant to the whole or any part of a property and used or capable of being used in connection with the property;

3.46 “Adverse Affect” means a condition which causes a visual distraction, safety concern or harmful impact to a public roadway. (added by by-law 2023-70)

4.1 Where words and phrases used in this By-Law are defined in the Ontario Building Code Act and Regulations thereunder but not defined in this By-Law, the definitions in the Ontario Building Code Act and Regulations thereunder shall apply to such words and phrases. 

5.1 Is used in the By-Law, words used in the present tense include the future, words used in the masculine gender include the feminine and neuter; and the singular number included the plural and the plural the singular.
5.2 The headings and subheadings used in this By-Law shall be deemed to be inserted for convenience of reference.

6.1 MAINTENANCE OF LANDS

6.1.1 Land shall be kept clean and free from rubbish or other debris and from objects or conditions that might create a health, fire or accident hazard.

6.1.2 Land shall be protected by suitable ground cover which prevents erosion of the soil.

6.1.3 Plants and vegetation Shall be kept trimmed so as not to become unsightly to neighbouring properties. Heavy undergrowth and noxious weeds shall be eliminated. 

6.1.4 The land shall be free of holes or excavation which may create health or accident hazards.

6.1.5 Where land is infested with vermin, insects or rodents all necessary steps shall be taken to eliminate the vermin, insects, or rodents and to prevent their reappearance.

6.1.6 Hedges planting, trees or other landscaping, required by the Town as a condition of site 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.

6.2 SEWERAGE AND DRAINAGE

6.2.1 Sewage or organic waste shall be discharged into a municipal sewerage system or other approved means. Where there is no sewage system it shall be in accordance with the Ontario Building Code, Part 8-Sewage Systems.

6.2.2 Inadequately treated sewage shall not be discharged onto the surface of the ground whether into natural Or artificial drainage system or otherwise.

6.2.3 Rainwater downspouts and eaves troughs shall not be discharged directly to sidewalks, stairs or adjacent property.

6.2.4 Storm water shall be drained from the land and/or building so as to prevent recurrent ponding or the entrance of water into a basement or cellar.

6.3 PARKING, WALKS, AND SAFE PASSAGE

6.3.1 Areas used for vehicular traffic and parking shall be paved with bituminous concrete, or equivalent surfacing or shall be surfaced with crushed stone or other suitable and reasonably dust free material. 

6.3.2 Communal parking areas shall be provided with suitable markings (such as
painted lines, signs or sign-posts) to indicate parking spaces, egress and ingress, and maintained so as to be clearly visible.

6.3.3 Steps, walks, driveways, parking spaces shall be maintained so as to afford safe passage under normal use and weather conditions. Such areas shall be promptly cleared of snow and appropriate measures shall be taken to minimize the risk of persons Slipping or vehicles Skidding on icy surfaces.

6.3.4 Sufficient lighting shall be provided to minimize any danger to persons using walks and parking areas. Every Owner of a property shall maintain all exterior lighting and supports in good repair, and, properly and safely anchored and secured; in good working order; free from loose or unsecured objects; and free from any unsafe condition. (deleted and replaced by by-law 2023-70)

6.4 ACCESSORY BUILDINGS

6.4.1 An accessory building shall be kept in good repair and shall be free from health, fire and accident hazards. Accessory buildings shall be protected, by the use of paint or other suitable protective material, from deterioration due to weather.

6.4.2 Where an accessory. building is .infested with vermin, insects or rodents, all necessary steps shall be taken to eliminate the vermin, insects or rodents to prevent their reappearance.

6.4.3 In the event of fire or other disaster, measures shall betaken promptly to restore or repair the building to a safe condition and a tidy appearance. In the event the building or accessory structure· is beyond repair the land. shall be cleared of all remains and left in graded condition and suitably landscaped as not to cause erosion.

6.5 FENCES

6.5.1 All fences shall be erected, constructed or repaired in accordance with regulations within municipal fencing by-laws and/or site plan agreements.

6.5.2 All fences, barriers and retaining walls shall be maintained in good repair and free from accident hazards. Such maintenance shall include:  redesigning, repairing or replacing· of all deteriorated, damaged, misaligned or missing portions of the fence or wall, railways or guards appurtenant thereto; installing subsoil drains where required to maintain the stability of a retaining wall; grouting masonry cracks; and applying a coat of paint or equivalent preservative to all exposed metal or wooden components where applicable. 

6.5.3 A fence or other approved barrier shall be constructed on or adjacent to any retaining wan of a height of more than three (3)feet.

6.6 PEST PREVENTION

6.6.1 A building shall be kept free of rodents, vermin and insects at all times and methods used for exterminating rodents or insects or both shall be in accordance with the provisions pf the Pesticides Act, R.S.O. 1990, Chapter. P .11, and all regulations and amendments passed pursuant thereto.

6.6.2 A basement or cellar window used or required for ventilation and any other opening in a basement or cellar, including floor drain that might permit the entry of rodents, shall be screened with wire mesh, metal grill or other durable material as will effectively exclude rodents.

6.7 DAMPNESS

6.7.1 The interior floors, ceilings and walls shall be kept free from dampness by means of floor drains, ventilation or other approved means.

6.8 EGRESS

6.8.1 Means of egress shall be provided as required in the Building Code.

6.8.2 Latches and other devices provided to open doors in the direction of exit travel shall be of a type easily identified and operated even in darkness.

6.8.3 In a mixed-use building, no means of egress from the non-residential portion of the building shall pass through any part of any dwelling unit unless the occupant thereof is also the occupant of the non-residential portion.

6.9 PLUMBING

6.9.1 All plumbing, drainpipes, water pipes and plumbing fixtures in every dwelling (excluding exterior rain water pipes) and every connecting line to the sewerage system, shall be maintained in good working order and free from leaks and defects, and all water pipes, drainpipes and appurtenances thereto shall be protected from freezing.

6.9.2 All waste pipes shall be connected to the sewerage system in accordance with the requirements of the Ontario Building Code, Part 8.

6.9.3 All plumbing, drainpipes, water pipes and plumbing fixtures shall be installed without cross connections to the potable water supply.

6.9.4 In mixed-use building, plumbing fixtures installed in connection with the nonresidential portion of the building and available for use by members of the public, shall be separate from such fixtures required by the standards for the residential portion of the building.

6.10 BATHROOM AND TOILET ROOM FACILITIES

6.10.1 All bathrooms and toilet rooms shall be kept clean and neat at all times and walls and ceilings shall be provided with a smooth surface. All loose ceramic tiles shall be replaced and where paint is used as the surface coating it must be maintained and painted as is necessary for cleanliness.

6.11 STAIRS, PORCHES, AND LANDINGS

6.11.1 An inside or outside 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.

6.11.2 Balustrade and guards shall be installed and maintained in good repair on the open side(s) of a balcony, porch, landing, stair-well and stairway with a drop of two (2) feet or more.

6.11.3 A handrail shall be installed and maintained in good repair on all stairways with more than three steps.

6.11.4 Metal stairs, railings, landings, and balcony screens shall be protected; by the use of paint, or other suitable protective material; from deterioration due to weather.

6.12 FLOORS. WALLS AND CEILINGS

6.12.1 Every floor shall be smooth and level and be maintained so as to be free of all loose, warped, protruding, broken or rotted boards that might cause an accident or allow dirt to accumulate and any defective floor boards shall be repaired.

6.12.2 Where floor boards have, been covered with linoleum or some other covering that has become worn or torn so that it retains dirt or might cause an accident, the linoleum or other covering shall be repaired, replaced or removed. 

6.12.3 The floors or rooms in which fixtures are installed shall be maintained reasonably impervious to water in such a condition as to permit easy cleaning.

6.12.4 Wall, floor, ceiling and roof construction, 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.

6.12.5 Every wall and ceiling finish shall be maintained so as to be easily cleaned and shall be free of holes; cracks, loose coverings, or other defects which would permit flame or excessive heat to enter the concealed space.

6.13 ROOFS

6.13.1 A roof of a building shall be maintained in a water-tight condition so as to prevent leakage into the building.

6.13.2 Without restricting the generality of Section 6.13.1., the maintenance includes repairing the roof and flashing, applying waterproof coatings, installing or repairing eaves trough and rainwater piping and. using other suitable means.

6.13.3 Dangerous accumulation of snow or ice or both shall be removed from the roof of a building or an accessory building.

6.14 DOORS AND WINDOWS

6.14.1 All exterior doorways and window openings shall be fitted with doors or windows.

6.14.2 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.

6.14.3 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. All necessary hardware, including automatic door closers, shall be maintained in good repair or replaced when removed or not readily repairable.

6.15 FOUNDATIONS

6.15.1 The foundations and all supporting sills, piers or posts, the foundation walls and the basement, cellar or crawl space of a building shall be maintained in good repair and structurally sound, so as to prevent the entrance of moisture and rodents into the building and so as to prevent settlement of the building, and,
where necessary, shall be so maintained by the shoring of the walls, installing sub-soil drains at the footings, grouting masonry cracks, waterproofing the walls and by other methods which are practical and necessary for the purposes mentioned above.

6.16 STRUCTURAL STABILITY

6.16.1 Every part of a building or structure shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any load to which normally it might be subjected.

6.17 EXTERIOR WALLS AND EXTENSIONS

6.17.1 An exterior wall of a building and its components shall be maintained so as to prevent its deterioration due to weather, rot and insects.

6.17.2 Without restricting the generality of Section 6.17.1, the maintenance shall include repairing of the wall, coping or flashing, waterproofing of joints, waterproofing of the wall itself, installing or repairing termite shields, and using other suitable means.

6.17.3 The exterior walls, roofs and other parts of the dwelling shall be free from loose, rotted, and broken materials and objects and shall be neatly finished.

6.17.4 All cornices, belt courses, corbels, terracotta trim, wall facings, and similar architectural features shall be maintained in good repair with proper anchorage and in a safe condition.

6.17.5 All canopies, marquees, signs, awnings, stairways, fire escapes, stand pipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair, be properly anchored and shall be 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.

6.17.6 All air conditioners which are installed and operated directly over a walkway shall be equipped with proper devices for the prevention of condensation drainage upon the walkway.

6.18 HEATING SYSTEMS

6.18, 1 No room heater shall be placed so as to constitute hazard to walls, curtains and furniture, nor to impede the free movement of persons within the room where the heater is located.

6.18.2 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 nearby or adjacent combustible materials and structural members shall not be heated so as to exceed a safe temperature.

6.18.3 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 should be provided and maintained in a convenient location and properly constructed so as to be free from fire or accident hazard.

6.18.4 All flues shall be kept clear of obstructions, all open joints shall be sealed and all broken and loose masonry shall be repaired.

6.18.5 A fuel burning central heating system in a mixed-use building shall be located in a separate room having a fire damper and walls, ceiling and doors with a fire resistance rating of not less than one ( 1) hour or as in accordance with the Ontario Building Code.

6.18.6 The enclosure referred to in Section 6.18.5 shall be vented to provide sufficient combustion air for the heating equipment directly from the outside air.

6.19 ELECTRICAL SYSTEMS

6.19.1 The electrical wiring and all electrical fixtures located or used in a building shall be installed and maintained in good working order and in conformity with the regulations of the Hydro Electric Power Corporation of Ontario.

6.19.2 Fuses or overload devices shall not exceed limits set out by the Hydro Electric Power Corporation of Ontario.

6.19.3 Extension cords which are not part of a fixture shall not be permitted on a semi-permanent or permanent basis.

6.20 LIGHTING

6.20.1 Adequate artificial light shall be available at all times, in all rooms and in every stairway, hall, cellar and basement in a building.

6.20.2 Sufficient windows, skylights and electrical fixtures shall be provided and maintained in order to furnish illumination of not less than 4.6 foot candle at floor or tread level in all passageways and stairways whenever the building is in use, and at least one 0.9 foot candle at floor or tread level in all stairways provided for
use in case of fire or other emergency.

6.20.3 Levels of illumination shall be measured at the floor or stair tread level.

6.20.4 Every bathroom and toilet room shall have a permanently installed artificial lighting fixture that shall be maintained in good working order.

6.20.5 Exterior lighting shall not shine directly into a dwelling unit. (added by by-law 2023-70)

6.20.6 Exterior lighting shall not cause an adverse affect to a public highway. (added by by-law 2023-70)

6.21 VENTILATION

6.21.1 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 and kept open or closed.

6.21.2 Every locker room, clothes drying room, bathroom or room containing a water closet, 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 one ( 1)
square foot. An opening for natural ventilation may be omitted from a bathroom or toilet room where a system of mechanical ventilation has been provided, such as an electrical fan with a duct leading to outside the dwelling.

6.21.3 Every attic space shall be adequately vented to the outside air by means of mechanical ventilation or screened windows which can be opened or by louvers with screened openings, in compliance with requirements within the Ontario Building Code - Roof Spaces - Venting Requirements.

6.21.4 Every unheated crawl space shall be adequately vented to the outside air by means of mechanical ventilation or screened windows which can be opened or by louvers with screened openings, in compliance with requirement within the Ontario Building Code - Unheated Craw Spaces - Venting Requirements.

6.21.5 Where a system of mechanical ventilation, exhausting noxious fumes or gases from a building, is installed, the discharge from such a system shall terminate above the roof line of the building and not less than ten (10) feet clear of any skylight, window, ventilator or other opening into a building and shall be operated in such a way as not to constitute a nuisance.

6.21.6 Mechanical ventilation equipment and the supports for such equipment shall be maintained in good repair and in a safe mechanical condition.

6.21.7 In mixed-use buildings wherein noxious fumes, odours or gases are, or could be, present, all surfaces separating the non-residential portion from the residential portion shall be of gas tight construction and maintained in a good state of repair so as effectively to prevent the passage of noxious fumes, odours or gases
through the separation.

6.21.8 Unless otherwise approved, air exhausted from a building having a required
exhaust or venting system shall be replaced by conditioned fresh make-up air,
except that where natural air infiltration is sufficient to supply venting and exhaust
systems, make-up air systems need not be provided.

6.22 GARBAGE DISPOSAL

6.22.1 Every building shall be provided with sufficient receptacles to contain all garbage, rubbish, ashes and/or trade waste.

6.22.2 Every building shall be provided with rodent proof storage space for garbage and/or trade waste.

6.22.3 Garbage in plastic bags shall not be stored outdoors unless protected from weather, rodents and animal damage.

6.22.4 Receptacles shall be stored in an appropriate location within a building or structure and such 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 clean state.

6.22.5 Notwithstanding Section 6.22.3, 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 the By-Laws of the Town.

6.23 NUISANCE

6.23.1 On a property which, because of its use or occupancy or for other reason, creates a nuisance to adjacent property or to the neighbourhood or to users of streets or parks, every reasonable precaution shall be taken to prevent such nuisance by:

        6.23.1.1 providing and maintaining an effective barrier to prevent lighting and vehicle head lamps from
        shining directly into adjacent dwelling units, or

        6.23.1.2 providing and maintaining an effective barrier to prevent waste, wrappings, debris and the like.
        from encroaching on the adjacent property, or,

        6.23.1.3 employing other means necessary and sufficient for the purpose.

6.24 UNOCCUPIED PROPERTY

6.24.1 Where any property is unoccupied the owner or his agent shall protect every such property against the risk of fire, accident or other danger and shall effectively prevent the entrance thereto of all unauthorized persons.

6.24.2 All materials used for boarding up unoccupied buildings shall be covered and maintained with a preservative which is colour coordinated to the exterior finish of the building.

6.24.3 Where a building remains vacant for a period of more than ninety (90) days, the owner or his agent, shall ensure that all utilities serving the building are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property.

6.24.4 Section 6.24.3 does not apply where such utilities are necessary for the safety or security of the building.

6.25 UNDERGROUND PARKING GARAGES

6.25.1 All underground parking garages shall he adequately lighted at all times.

6.25.2 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 five (5) foot-candles at floor level over the entire floor area with a minimum level of one (I) foot-candle at any location of the floor.

6.25.3 Lighting fixtures in all underground parking garages shall be protected from accidental or malicious damage by the provision of wire screens or by other suitable means.

6.25.4 If walls, ceilings and columns of all underground parking garages are painted, they shall be coloured white by the application of paint or other suitable material.

6.25.5 The materials used to provide a white surface on the walls, ceilings and columns of underground parking garages shall:

        6.25.5.1 be suitable for application to the material of which the walls, ceilings and columns are formed,

        6.25.5.2 shall be washable and shall be washed or renewed as often as is necessary to maintain their
        original reflective value.

        6.25.5.3 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 an underground
        parking garage.

7.1 MAINTENANCE OF LANDS

7.1.1 Any vehicle, including a trailer or boat, which does not posses licence plates with current validation stickers and/or is in a wrecked, discarded, dismantled, inoperative, or abandoned condition shall not be parked, stored or left in any yard.

7.2 PARKING, WALKS, AND SAFE PASSAGE

7.2.1 There shall be a surfaced pedestrian walk leading from every dwelling to the property line perpendicular to the street and a surfaced driveway in excess of eight (8) feet in width may form part of the walk system.

7.2.2 Walkways shall be repaired, repaved or resurfaced as often as necessary to maintain a reasonably smooth, slip-free and safe surface for pedestrian traffic.

7.3 EGRESS

7.3.1 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.

7.3.2 The passage required as egress from one dwelling unit shall not pass through any other dwelling unit.

7.3.3 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.

7.3.4 Every door used as an entrance to or means of egress 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 locked and shall he provided with approved self-closing and self-locking mechanisms and shall not be secured in an open position except in an emergency situation.

7.3.5 In multiple dwellings where a voice communication system between each dwelling unit and the front lobby and security locking and release facilities for the entrance, have been provided and are controlled from each dwelling unit, such facilities shall be maintained in good repair and in operative condition.

7.4 WATERSUPPLY

7.4.1 Every dwelling shall be provided with an adequate supply of potable running water in accordance with the Ontario Building Code, Part 7 and Ministry of the Environment criteria.

7.4.2 Every sink, wash basin, bathtub, or shower required by this By-Law shall have an adequate supply of hot and cold running water relative to the occupancy of the dwelling.

7.4.3 All hot water shall be supplied at a minimum temperature of one hundred and fifteen (115) degrees Fahrenheit(46, 1 C) and the water heating facilities shall be of adequate capacity relative to the occupancy of the dwelling,

7.4.4 Adequate running water shall be supplied to every water closet and urinal.

7.5 PLUMBING

7.5.1 Every dwelling and dwelling unit shall contain plumbing fixtures consisting of at
least:

        (i) a water closet,

        (ii) a Kitchen sink,

        (iii) a wash basin, and

        (iv) a bathtub or shower.

7.6 BATHROOMS AND TOILET ROOMS

7.6.1 All bathrooms and toilet rooms shall be located within and be accessible from within the dwelling.

7.6.2 All bathrooms and toilet moms shall fully enclosed and with a door capable of being locked from the inside so as to provide privacy for the person using the same.

7.6.3 A wash basin shall be located within or shall be conveniently adjacent to the room containing the water closet.

7.6.4 The occupants of not more than two(2)dwelling units may share a water closet, wash basin and bathtub or shower, provided:

        7.6.4.1 not more than a total of eight (8) persons occupy both dwelling units.

        7.6.4.2 access to the fixtures can be gained without going through rooms of another dwelling unit or
        outside the dwelling.

7.6.5 In a rooming house there shall be a water closet, 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.

7.7 KITCHENS

7.7.1 The splash back and counter top around the kitchen sink shall have an impervious surface.

7.7.2 Every kitchen shall have provided an adequate and approved gas or electrical supply for cooking purposes.

7.7.3 There shall always be at least twenty-four (24) inches clear space above any exposed cooking surface of such apparatus.

7.8 WALLS AND CEILINGS

7.8.1 Where dwelling units are separated vertically, continuous walls shall be maintained in a safe condition, free from cracks and openings.

7.8.2 Wall surfaces in the public parts of multiple dwellings shall he maintained in good repair and shall be renewed or refinished when necessary to maintain an attractive appearance. Unsightly marks, slogans and similar markings or defacements on the walls and other surfaces shall be removed and the surface refinished if necessary.

7.9 DOORS AND WINDOWS

7.9.1 Windows, exterior doors, and basement or cellar hatchways shall be maintained in good repair so as to prevent the entrance of wind or rain into the dwelling.

7.9.2 All windows capable of being opened and all exterior doors shall have hardware so as to be capable of being locked or otherwise secured from inside the dwelling unit. Such necessary hardware shall be maintained in operative repair.

7.9.3 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 life safety and prevent
the entry of draughts into the dwelling unit.

7.9.4 In the public parts of multiple dwellings, cracked and broken glass in door panels, glass screens, and windows shall be replaced with approved glass or similar materials.

7.9.5 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.

7.10 HEATING SYSTEMS

7.10.1 Every dwelling and dwelling unit shall be provided with a heating system capable of maintaining a room temperature of seventy (70) degrees Fahrenheit (21.1 C) at five (5) feet above the floor level in habitable rooms, bathrooms, and toilet rooms when all windows and doors are closed.

7.10.2 The heating system required by Section 5.10.1, shall be maintained and operated in good working condition so as to he capable of heating all parts of the dwelling safely to the required room temperature, and auxiliary heaters shall not be used as a primary source of heat.

7.10.3 The heating system shall be operational so as to maintain the required room temperature within the actual capacity of the heating system.

7.10.4 A furnace that services two (2) 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.

7.11 ELECTRICAL SYSTEM

7.11.1 Every dwelling unit shall be connected to an electric supply system and shall be wired for electricity.

7.11.2 The electrical wiring, all equipment and appliances for use in a dwelling shall be installed and maintained in good working order so as not to cause a fire or electrical shock hazard and in accordance with all applicable governmental codes and regulations.

7.11.3 Every kitchen shall have at least two (2) electrical duplex convenience outlets which shall be on separate circuits.

7.11.4 Every habitable room except for a kitchen, shall contain at least one (I) electrical duplex convenience outlet. There shall be an additional duplex convenience for each one hundred (100) feet of floor area in excess of one hundred and twenty (120) square feet.

7.11.5 An electrical light fixture shall be installed in every bathroom, toilet room, laundry room, furnace room, kitchen, hall and in a stairway which is not otherwise lighted.

7.11.6 An adequate supply of electric power shall be available at all times in all parts of every occupied dwelling except where the lease makes the tenant responsible for the supply of electricity and where the supplier has discontinued the service because of arrears in payment.

7.11.7 No owner, nor anyone acting on his behalf, shall disconnect or cause to be disconnected any service or utility providing light, heat, refrigeration, water or cooking facilities for residential property occupied by a tenant or lessee, except for such reasonable period of time as may be required for the purpose of repairing, replacing or altering such service or utility.

7.12 LIGHTING

7.12.1 Every habitable sleeping area, shall have a window or windows, skylights or translucent panels that face directly to the outside at least six (6) inches above the adjoining finished grade with the unobstructed light transmitting area of not less than ten (10) per cent of the floor area of such rooms. The glass area of a sash
door may be considered as a portion of the required window area.

7.12.2 The space opposite a source of light shall not be obstructed in any way and if it is obstructed the light source facing the open space so obstructed shall not be included in calculating the area of light source for the room.

7.13 VENTILATION

7.13.1 Every habitable room except for a living room and dining room shall be provided with natural or mechanical ventilation.

7.13.2 The natural ventilation referred to in Section 7.13.1 shall consist of an opening or openings with a minimum aggregate unobstructed free flow area of three (3) square feet, and shall be located in the exterior walls or through openable parts of skylights.

7.13.3 The mechanical ventilation referred to in Section 7.13.1, shall be capable of changing the air in the room once each hour.

7.13.4 In multiple dwellings every laundry room, garbage room, corridor, boiler room, storage garage and all parts of the building used by the tenants in common shall be adequately ventilated.

7.14 GARBAGE DISPOSAL

7.14.1 Every dwelling and every dwelling unit within the dwelling shall be provided with sufficient receptacles to contain all garbage, rubbish and ashes.

7.14.2 In multiple dwellings, every garbage chute, garbage disposal room, garbage storage room, garbage container or receptacle shall he washed and disinfected as often as is necessary to maintain a clean and odour free condition.

7.15 COMPOST HEAPS

7.15.1 The occupant of a residential property may provide for a compost heap in accordance with the health regulations, provided that the compost pile is no larger  than one square metre and 1.2 metres in height and is enclosed on all sides by concrete block, or lumber, or in a forty-five gallon container, a metal frame building with a concrete floor, or a commercial plastic enclosed container designed for composting. Compost heaps shall be no closer than .6 metres from any property line, but shall not under any circumstances be located within any drainage swale.

7.16 OVERCROWDING

7.16.1 No person shall use or permit the use of a non-habitable room in a dwelling for a habitable room purpose.

7.16.2 Occupancy of any dwelling unit shall comply with the Zoning By-Law and any By-Laws passed in amendment thereof or in substitution therefor.

7.16.3 The maximum number of occupants in a dwelling unit shall not exceed one (1) person per one hundred (100) square feet of habitable room floor area.

7.16.4 For the purpose of computing the maximum number of occupants in section 5.16.3, any child under twelve years of age shall be deemed one-half(%) person.

7.16.5 For the purpose of computing the habitable room space in section 7.16.3, the Ontario Building Code must be referred to in order to calculate the required heights and area for specific habitable rooms.

7.16.6 No room in any dwelling shall be used for sleeping purposes unless it is in compliance with the Ontario Building Code with respect to heights and area requirements.

7.17 GENERAL CLEANLINESS

7.17.1 Every floor, wall, ceiling, fixture and appliance in a dwelling unit shall be maintained in a clean and sanitary condition and the dwelling shall be kept free from rubbish, debris or conditions which constitute a fire, accident or health hazard.

8.1 MAINTENANCE OF LANDS

8.1.1 No vehicle or trailer, or boat, or mechanical equipment which is in a wrecked, discarded, dismantled or inoperative condition shall be parked, stored or left on the lands unless such vehicle, trailer or mechanical equipment is required for business purposes. Where a business requires outdoor storage for any purpose,
the area shall be defined and enclosed as required in the Zoning By-Law and amendments thereto.

8.1.2 All outdoor salvage or scrap yards shall be obscured by screening from surrounding property. Such screening shall be of uniform construction and meet the requirements of the Zoning By-Law and amendments thereto.

8.2 PARKING, WALKS, AND SAFE PASSAGE

8.2.1 Exterior steps, walks, loading docks, ramps, parking spaces, driveways and similar areas of a yard shall be maintained in a good state of repair free from conditions which would prevent passage and free from hazard to any person under normal use and weather conditions.

8.3 FENCES AND SIGNS

8.3.1 Fences and approved enclosures around or on a non-residential property shall be kept:

        8.3.1.1 reasonably uniform in height;

        8.3.1.2 weather resistant by the application of appropriate materials including paint or other preservative
        materials;

        8.3.1.3 in good repair;

        8.3.1.4 free from accident, health and fire hazards;

        8.3.1.5 free from posters, signs, notices, advertising materials, words, pictures, drawings or other
        defacement.

8.3.2 A fence shall be installed around the parking area of drive-in eating establishments, except in the private approaches, constructed in such a manner as to prevent all cartons, wrappers, papers, rubbish and debris from blowing onto adjoining property.

8.3.3 All signs shall be installed, erected or repaired in accordance with regulations located within the municipal sign by-law.

8.3.4 Nothing in Section 8.3.1 (e) 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 Town By-Laws on any non-residential property shall be maintained in a good state of repair.

8.3.5 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.

8.4 EGRESS

8.4.1 All passageways, within a non-residential building or in a storage area, including those which are used as a means of egress and all means of egress from the building shall be maintained:

        8.4.1.1 free from all obstructions or impediments, and

        8.4.1.2 provided with lighting facilities capable of supplying not less than one (1) foot candle of light
        intensity, on the floor surfaces continuously and;

        8.4.1.3 provided with clean, clear, unobstructed and readily visible exit signs where such signs would be
        required to locate means of egress which are required under the provisions of this or any other Town By
        -Law.

8.5 TOILET ROOM FACILITIES

8.5.1 Buildings where people work shall have a minimum of one (1) water closet and one (1) wash basin supplied with hot and cold running water located in an enclosed room conveniently accessible to the employees.

8.5.2 Each toilet room shall be provided with toilet paper, soap, and individual towels or other means of drying. 

8.5.3 All toilet rooms shalt be fully enclosed and with a door capable of being locked so as to provide privacy for the person using the same.

8.6 HEATING SYSTEMS

8.6.1 A heating system shall be provided in a 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 to
commensurate with the operations carried on within the building.

8.6.2 The heating system required by Section 8.6.1, shall be maintained in good working condition so as to be capable of heating the building safely to the required standard, and auxiliary heaters shall not be used as a primary source of heat.

8.7 ELECTRICAL SYSTEMS

8.7.1 Non-residential properties shall be wired for electricity and connected to all electrical supply system in conformity with the regulations of the Hydro Electric Power Corporation of Ontario.

8.8 LIGHTING

8.8.1 In all parts of a non-residential building a level of illumination shall be provided and maintained which will adequately protect all persons within the building from health and accident hazards.

8.9 VENTILATION

8.9.1 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 likely to create a potential tire, explosion or toxic hazard or to become a nuisance.

8.9.2 lf mechanical ventilation is provided it shall change the air at least once each hour and, if necessary, more frequently.

9.1 SCOPE AND EFFECT

9.1.1 Notwithstanding any of the foregoing, this By-Law applies to the interior and exterior maintenance of buildings and exterior maintenance of lands within all urban areas of the Town of Bradford West Gwillimbury; and the interior and exterior maintenance of buildings (not exterior maintenance of lands) within all rural areas of the Town of Bradford West Gwillimbury.

10.1 No person shall use or occupy, or permit the use of occupancy of any property that does not conform to the standards set out in this By-Law.

10.2 No person shall remove from any premises an order posted thereon pursuant to Section 15.2(3), of the Building Code Act for the Province of Ontario.

10.3 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.

10.4 Any Person who fails to comply with an Order issued under this By-law is guilty of an offence and upon conviction is subject to a penalty as provided by the Building Code Act, 1992, S.O. 1992, c.23, as amended. (added by by-law 2023-70)

11.1 Where there is any conflict between the provisions of this By-Law and the provisions of any other By-Laws, Regulations, Acts, or Orders, in force, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail to the extent of the Conflict

12.1 It is hereby declared that notwithstanding any section, subsections, clause, paragraph or provision of the By-Law or parts thereof, may be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and shall not effect the validity or enforceability of any other provisions of the By-Law as a whole or part thereof and all other sections of the By-Law shall be deemed to be separate and independent therefrom and enacted as such

12.2 Whenever any reference is made in this By-Law to a statute of the Legislature of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute.

13.1 The Council of the Town shall, by resolution, from time to time appoint a Property Standards Officer who shall be responsible for the administration and enforcement of this By-Law.

13.2 Any building, housing, plumbing, heating or public health inspector or fire prevention inspector of the Town or other appropriate governmental agency is hereby authorized and directed to act as an assistant to the Property Standards Officer from time to time.

14.1 A Property Standards Committee is hereby established consisting of five (5) resident ratepayers of the Town to be appointed by Council concurrent with the term of council or until a successor appointed.

14.2 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.

15.1 Every person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a fine or penalty of not more than $25,000 for a first offence and to a fine of not more that $50,000 for a subsequent offence. The provisions of the penalties as provided for and recoverable under the Ontario Building Code Act for the Province of Ontario, as amended from time to time, and the respective Regulations passed thereunder and shall apply to the said fines and penalties.

15.2 Every corporation who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction is liable to a maximum fine or penalty that may be imposed up the corporation is $50,000.00 for a first offence and $100,000 for any subsequent offence. The provisions of the penalties as as provided for and recoverable under the Ontario Building Code Act for the Province of Ontario, as amended from time to time, and the respective Regulations passed thereunder and shall apply to the said fines and penalties.

15.3 The conviction of an offender upon the breach of any provisions of the By-Law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge may convict any offender repeatedly for continued or subsequent breaches of the By-Law, and the provisions of the Building Code Act for the Province of Ontario, as amended from time to time, shall further apply to any continued or repeated breach of this By-Law. Each day shall constitute a separate offense under this By-Law.

17.1 This By-Law shall take effect and become in full force and effect upon the day of third reading and passage thereof.

READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF NOVEMBER, 1998.

Original signed by Juanita Dempster-Evans, Clerk and Frank Jonkman, Mayor.