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Home My WebLink AboutChapter 640 - Heat in Rented DwellingsKITCHENER 640.1 FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 640 HEAT IN RENTED DWELLINGS Article 1 INTERPRETATION 640.1.1 Adequate and suitable heat - defined 640.1.2 Corporation - defined 640.1.3 Officer – defined 640.1.4 Administrative Penalty By-law – defined 640.1.5 Designated provision - defined Article 2 ADEQUATE AND SUITABLE 640.2.1 Duty of landlord - to provide 640.2.2 Space heaters - user - restriction Article 3 AUTHORITY MUNICIPAL LAW ENFORCEMENT OFFICER 640.3.1 Inspection of premises - authority 640.3.2 Inspection - documents - information - obtained 640.3.3 Entry - dwelling - authority 640.3.4 Obstruction - prohibited Article 4 ENFORCEMENT 640.4.1 Fine - for contravention 640.4.2 Order issued - non-compliance - remedy - director 640.4.3 Order issued - non-compliance - remedy - Council 640.4.4 Remedy by City - recoverable as taxes 640.4.5 Administrative Penalty By-law – application 640.4.6 Administrative Penalty By-law – notice of contravention 640.4.7 Provincial Offences Act KITCHENER 640.2 FEBRUARY 2024 Article 1 INTERPRETATION 640.1.1 Adequate and suitable heat - defined "adequate and suitable heat" means that the minimum temperature of the air in the accommodation which is available to the tenant or lessee is 21 degrees Celsius (70 degrees Fahrenheit). 640.1.2 Corporation - defined "Corporation" shall mean The Corporation of the City of Kitchener. 640.1.3 Officer - defined "officer" shall include the Director of Enforcement, a by-law officer, a municipal law enforcement officer, or any person appointed by the Corporation whose duties include the enforcement of this Chapter. 640.1.4 Administrative Penalty By-law – defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 640.1.5 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 4. Article 2 ADEQUATE AND SUITABLE 640.2.1 Duty of landlord - to provide That every building or part of a building within the City which is rented or leased as dwelling or living accommodation and which, as between the ten- ant or lessee and the landlord, is normally heated by or at the expense of the landlord shall be provided with adequate and suitable heat by or at the expense of the landlord. 640.2.2 Space heaters - use - restriction Space heaters may not be used as a heat source for the purpose of obtaining compliance with the provisions of this by-law except: (a) on a temporary basis as reasonably necessary; and (b) where powered solely by electricity. Article 3 AUTHORITY MUNICIPAL LAW ENFORCEMENT OFFICER 640.3.1 Inspection of premises - authority An officer may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this Chapter; KITCHENER 640.3 FEBRUARY 2024 (b) a direction or order of the Corporation made under this Chapter; or (c) an order made under section 431 of the Municipal Act, 2001,S.O. 2001, c.25. 640.3.2 Inspection - documents - information - obtained For the purposes of conducting an inspection pursuant to Section 640.3.1, an Officer may, in accordance with the provisions of section 436 of the Municipal Act, 2001, S.0. 2001, c. 25: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or ex- pert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 640.3.3 Entry - dwelling - authority Entry to any place actually being used as a dwelling unit shall be subject to the requirements of the Municipal Act, 2001. 640.3.4 Obstruction - prohibited No person shall obstruct, hinder, delay or prevent the Municipal Law Enforcement Officer or any person acting under his/her direction or instructions in the exercise of any power conferred or the performance of any duty imposed by this Chapter. Article 4 ENFORCEMENT 640.4.1 Fine - for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand Dollars ($5,000.00), exclusive of costs, for each offence, recoverable under the Provincial Offences Act. 640.4.2 Order issued - non-compliance - remedy - Director Where a person who is directed or required to do a matter or thing in accordance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are not anticipated to exceed Ten Thousand Dollars ($10,000), the Director of Enforcement or his or her designate is hereby delegated the authority to cause the matter or thing to be done and for this purpose to enter or cause the Corporation's employees or agents KITCHENER 640.4 FEBRUARY 2024 together with persons accompanying them who are under their direction from time to time to enter in and upon land at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 640.4.3 Order issued - non-compliance - remedy – Council Where a person who is directed or required to do a matter or thing in accordance with the provisions of this Chapter does not do so and in the opinion of the Director of Enforcement the costs associated with such matter or thing are anticipated to exceed Ten Thousand Dollars ($10,000), Council of the Corporation may cause the matter or thing to be done and for this purpose the Corporation's employees or agents together with persons accompanying them who are under their direction from time to time may enter in and upon land at any reasonable time for the purpose of causing the matter or thing to be done in accordance with the requirements of this Chapter. 640.4.4 Remedy by City - recoverable as taxes Where a matter or thing is done in accordance with Section 640.4.2 or Section 640.4.3, it shall be done at the expense of the person directed or required to do it and the Corporation may recover the costs by action or by adding them to the tax roll and collecting them in the same manner as property taxes. Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 640.4.6. 640.4.5 Administrative Penalty By-law – application Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 640.4.6 Administrative Penalty By-law – notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 640.4.7 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. By-law 87-181, 17 August 1987; By-law 91-188, 13 May 1991; By-law 95-97, 19 June 1995; By-law 2011-136, 19 September 2011; By-law 2024-015, 22 January 2024.