HomeMy WebLinkAboutBy-law No. 2017-129 - Repeal & Replace c665 - Property StandardsBY-LAW NUMBER DAD I
of the
CITY OF KITCHENER
(Being a by-law with respect to standards
of maintenance and occupancy)
WHEREAS it is deemed expedient to repeal Chapter 665 of The City of
Kitchener Municipal Code as adopted by By-law 88-100 and to replace it with this by-
law;
WHEREAS Council of The Corporation of the City of Kitchener is empowered
under subsection 15.1(3) of the Building Code Act to pass by-laws prescribing the
standards of maintenance and occupancy of property within the municipality provided the
official plan for the municipality includes provisions relating to property conditions;
AND WHEREAS the. Official Plan for The Corporation of the City of Kitchener
includes provisions relating to property conditions;
AND WHEREAS the Council for The Corporation of the City of Kitchener wishes to
pass a by-law under subsection 15.1(3) of the Building Code Act;
AND WHEREAS subsection 15.6(1) of the Building Code Act requires that a by-
law passed under subsection 15.1(3) of the Building Code Act shall provide for the
establishment of a Property Standards Committee;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
ARTICLE 1 - DEFINITIONS
1.1 A term not defined in this by-law but defined in the Building Code Act shall have
the same meaning as in the Building Code Act unless the context requires
otherwise. In this by-law including its recitals:
"Building Code" means Ontario Regulation 332112 under the Building Code Act.
"Building Code Act" means the Building Code Act, 1992, S.O. 1992. c. 23.
"City" shall mean The Corporation of the City of Kitchener unless the context
requires otherwise.
"Council" shall mean Council of the City.
"Director" shall mean the City's Director of Enforcement or designate.
"dwelling" means a building or part thereof, used or designed to be occupied as
a residence and containing one or more dwelling units.
"dwelling unit" means a room or rooms used or designed to be used by one or
more individuals as an independent or self-contained domestic unit or
housekeeping establishment.
"exterior property area" means the building lot excluding buildings.
"fence" means any structure, wall, or barrier, other than a building, erected at
grade for the purpose of defining boundaries of property, separating open space,
restricting ingress to or egress from property, providing security or protection to
property, or acting as a visual or acoustic screen.
"Fire Code" shall mean Ontario Regulation 213107 under the Fire Protection and
Prevention Act, 1997, S.O. 1997, c. 4.
"ground cover" means organic or non-organic material applied to prevent
soil erosion such as concrete, flagstone, gravel, asphalt, grass, or other
landscaping.
"habitable room" means any room in a dwelling unit used or designed to be used
for the purpose of living, sleeping, eating, cooking or preparation of food but shall
not include non -habitable space.
"heritage attributes" shall include all features of a heritage property that are of
significant cultural heritage value or interest as set out:
(a) in the City's designating by-law or documentation supporting such by-law
for property designated under Part IV of the Ontario Heritage Act;
(b) in a Minister's order made pursuant to Part IV of the Ontario Heritage Act;
(c) in the City's designating by-law or Heritage Conservation District Study or
Plan for property designated under Part V of the Ontario Heritage Act; or
(d) by Council upon consideration of the recommendation of a Heritage
Planner and any comments that may be provided by the property owner,
where the documents referred to in clauses (a), (b), or (c) above do not
specifically list the heritage property's features, attributes, or properties of
significant cultural heritage value or interest.
"Heritage Planner" shall mean the Coordinator, Cultural Heritage Planning or a
Heritage Planner of the City.
"heritage property" shall mean any property in the city of Kitchener that:
(a) has been designated under section 29 or 34.5 of the Ontario Heritage Act,
or
(b) is a property of very high cultural heritage value or interest and is situated
in a heritage conservation district designated under Section 41 of the
Ontario Heritage Act.
"multi -residential building" means a building containing four or more dwelling
units.
"non -habitable space" means a bathroom, toilet room, water closet compartment,
laundry, pantry, foyer, lobby, hall, corridor, stairway, passageway, closet, storage
room, boiler room, furnace room, accessory space for service, maintenance or
access within a building or a room, or space which does not comply with the
minimum standards for residential occupancy specified in this by-law.
"Officer" shall mean a Property Standards Officer of the City and shall also
include the Director and any other person appointed by the City for the purposes
of enforcing this by-law.
"Ontario Heritage Act" shall mean the Ontario Heritage Act, R.S.O. 1990,
c.O.18."
"person" includes a person, firm, corporation, association, or partnership.
"property of very high cultural heritage value or interest" shall include:
(a) heritage property referred to as a Group 'A' building or structure in either a
heritage conservation district study or plan, and
(b) heritage property located within a heritage conservation district and
determined by Council upon consideration of the recommendation of a
Heritage Planner and any comments that may be provided by the property
owner to be: a particularly fine example of an architectural style, exhibiting
unique qualities or details that make it a landmark, of an age that
contributes to its heritage value, associated with a significant known
historic event or person, or contributing to the streetscape because it is
part of an unusual sequence, grouping, or situated in a unique location.
"required by law" shall mean, unless inconsistent with the context, required by
any applicable legislation, regulation, or by-law including without limitation the
Building Code Act, the Building Code, the Fire Code, and any by-law of the City.
"safe condition" means a condition that does not pose or constitute an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the
property, and includes a structurally sound condition.
"sign" means any device or notice, including its structure and other component
parts, which is used or capable of being used to identify, describe, illustrate,
advertise, or direct attention to any person, business, service, commodity, or
use.
"snow disposal site" means only those lands on which snow is placed after being
brought to the lot from another lot, and shall not include areas to which snow is
moved to one portion of a lot after being cleared from the rest of the lot.
"snow storage site" means that portion of lands being used for the storage of
snow that has been moved to one portion of a lot after being cleared from
another portion or portions of a lot.
"vacant heritage property" shall mean heritage property that is or appears to be
vacant, partially vacant, or unoccupied for more than ninety (90) days.
ARTICLE 2 - PROPERTY STANDARDS COMMITTEE
2.1 There shall be and is hereby established, a Property Standards Committee
comprised of at least three (3) ratepayers of the city of Kitchener to be appointed
by Council from time to time.
ARTICLE 3 - STANDARDS OF MAINTENANCE AND OCCUPANCY
3.1 The applicable standards for maintenance and occupancy of property set forth in
this by-law are hereby prescribed as the minimum standards for all property in
the city of Kitchener.
ARTICLE 4 - REPAIR AND MAINTAINANCE GENERAL PROVISIONS
4.1 The owner of any property which does not conform to the standards prescribed
by this by-law shall repair and maintain the property to conform with the
standards prescribed by this by-law, or the property shall be cleared of all
buildings, structures, debris, or refuse and left in a graded and leveled condition.
4.2 Despite section 4.1, in the case of buildings and structures located on properties
that have been designated under section 29 or 34.5 of the Ontario Heritage Act,
and for all buildings and structures located on properties that are in a heritage
conservation district designated under section 41 of the Ontario Heritage Act, the
property shall not be cleared of a building or structure that does not conform to
the standards unless any required approvals and consents have been granted in
accordance with the Ontario Heritage Act.
4.3 Where a provision of this by-law conflicts with the provisions of another City by-
law, the provisions which establish the higher standards to protect the health,
safety and welfare of the general public shall prevail.
4.4 All repairs to any property shall be made in a manner that is accepted as good
workmanship in the respective building trades concerned and with materials
that are suitable and sufficient for the purpose.
4.5 Despite any provision of this by-law requiring maintenance or repair to a building
or structure, nothing in this by-law shall be construed to permit any portion of a
building or structure, or any system or thing supporting such building or structure
to remain in contravention of a statute, regulation, or by-law of the City.
ARTICLE 5 — STRUCTURAL SOUNDNESS AND SAFETY
Structural Capacity
5.1 Every building or structure or part of a building or structure shall be structurally
sound and maintained in that condition so that it has sufficient structural capacity
to safely and effectively withstand all loads and the effects of loads and influences
that may reasonably be expected, having regard to its expected use and service
life.
5.2 The foundations and the foundation walls of every building or structure or part of a
building or structure shall be structurally sound and maintained in that condition so
that all masonry cracks are grouted, walls, joists, beams, or other exposed wood
members are waterproofed, and so that there is adequate subsoil drains at footing
levels and that jacking, underpinning or shoring is done where necessary.
Unsafe Conditions
5.3 Any condition within a building or structure, or on a property which may pose or
constitute an undue or unreasonable hazard or risk to the health or safety of any
person shall be abated or removed.
Prohibition
5.4 No person shall use or occupy, or permit the use or occupancy of any building,
structure or property that does not conform to the standards prescribed in sections
5.1, 5.2, and 5.3 of this by-law. However, the Director may, in the Director's sole
discretion, limit application of this provision to a portion of a building, structure, or
property where the condition does not render occupancy of other areas unsafe.
ARTICLE 6 — EXTERIOR PROPERTY AREAS
Exterior Land
6.1 Exterior property areas shall be maintained in a safe condition and so as not
detract from the neighbouring environment, including but not limited to the
removal of:
(a) rubbish, garbage, waste, litter, and debris;
(b) trees, bushes, and hedges including any branches or limbs thereof which
are dead, decayed or damaged, and brush;
(c) noxious weeds pursuant to the Weed Control Act, R.S.O. 1990, c. W.5
and any excessive growth of other weeds, grass, and bushes;
(d) wrecked, dismantled, inoperative, discarded, or unlicensed vehicles,
trailers, machinery or parts thereof, except in an establishment licensed or
authorized to conduct a salvage, wrecking, or repair business and then
only if such establishment conforms with any relevant by-laws, statutes, or
regulations; and
(e) dilapidated or collapsed buildings, structures or erections, and the filling in
or protecting of any unprotected well.
6.2 Driveways and parking areas shall be provided and maintained with stable
surfaces such as asphalt, concrete, or other hard -surfaced material, or crushed
stone or gravel, and in a safe and dust -free condition.
6.3 Paths and walkways shall be installed and maintained in a safe condition with
non-organic ground cover.
6.4 In any multi -residential building exterior areas shall be maintained to ensure that:
(a) all ramps and access routes leading to garages and parking areas are
kept reasonably free of ice and snow or other hazards at all times;
(b) all walkways and access routes to and from buildings are kept reasonably
free of ice and snow or other hazards at all times; and
(c) all exterior parking areas, including laneways, are kept reasonably free of
accumulations of ice and snow at all times.
6.5 Exterior lighting fixtures and their supports shall be installed and maintained in
good repair and working order and in a safe and structurally sound condition, so
that such fixtures are able to provide an adequate level of lighting so that the use
normally carried out in such areas can be undertaken safely in accordance with
the intended use of the area.
6.6 No exterior lighting on private property shall be used in a manner, or directed into
another dwelling unit in a manner that creates a nuisance to occupants of
another property. However, this provision shall not apply to prohibit, regulate, or
control lighting approved by the City as a condition of development or
redevelopment.
6.7 Suitable ground cover shall be provided and maintained to prevent erosion
of the soil and so as to be in harmony with the neighbouring environment.
Where grass forms part of the ground cover, it shall be resodded or reseeded
as often as is required to maintain the grass in a living condition. Ground cover
shall be of a material that is distinguishable from any driveway on the property.
Drainage Systems
6.8 Drainage systems on a property shall be maintained in good working order, in
good repair; and in a safe condition.
Barrier Free Access
6.9 All exterior barrier -free access facilities for persons with disabilities where
installed or required by law or as a condition of development or redevelopment
shall be maintained in a good state or repair, operationally suitable, and available
for use by persons with disabilities.
Site Development Requirements
6.10 All site requirements, as required as a condition of development or
redevelopment of the site shall be provided and maintained so as to ensure
continuous compliance with the original site requirements.
Garbage Receptacles
6.11 All commercial and industrial properties shall be provided with a sufficient
number of suitable receptacles to contain litter and garbage. Such receptacles
shall be located on the exterior of the property and readily accessible to the
occupants or patrons.
Refuse Disposal
6.12 Garbage containers on exterior property areas, where permitted, shall be
screened from the view of neighbouring residential properties and shall be
provided with covers so that any material contained therein shall not be exposed
to view or to rodents, vermin, insects, or other pests. Such covers shall be
maintained in good condition and kept closed at all times except when the
containers or receptacles are actually being filled or emptied. The Director may
exempt a property from the requirement to screen an external garbage container
from view of neighbouring residential properties where, taking into account the
property layout and access for waste removal services, the Director is of the
opinion that imposing this requirement would not be reasonable in the
circumstances.
6.13 Garbage containers on exterior property areas and any garbage collection and
storage areas shall be maintained in a clean and sanitary condition.
6.14 Properties that have on-site garbage collection shall provide adequate garbage
containers to accommodate the volume of garbage generated.
Snow Disposal Sites
6.15 A property owner shall cause any snow disposal site or a snow storage site
on that property to be:
(a) maintained so as not to cause a safety hazard on the property; and
(b) maintained in such a manner and location on a property so as to prevent a
safety concern, flooding, erosion or other nuisance to neighbouring private or
public lands.
Swimming Pools
6.16 All swimming pools, hot tubs, wading pools and artificial ponds, including all
accessories , appurtenances thereto:
(a) shall be maintained in good repair, free from leaks and safe from health
and safety hazards; and
(b) shall be kept free of water that is malodorous or that provides a breeding
place for mosquitoes, including that which may accumulate on or below a
pool cover.
6.17 All swimming pools, hot tubs, wading pools and artificial ponds, including all
accessories or appurtenances thereto that are abandoned, derelict, or otherwise
unused, shall be drained and removed or filled in and the property left in a
graded and leveled condition.
6.98 For the purposes of section 6.17, "abandoned, derelict, or otherwise unused"
shall include but not be limited to any swimming pool, hot tub, or wading pool
that has not been opened and treated with appropriate chemicals and operated
with a functional water filtration system for a period exceeding two years.
Recreational Facilities
6.19 Recreational areas and structures, where provided for outdoor use, shall be
repaired and cleaned as is necessary to maintain them in a safe condition and
available for use.
Fences
6.20 A fence on a property or separating adjoining properties shall only be erected
and shall be maintained:
(a) in compliance with the requirements of Chapter 630 of The City of Kitchener
Municipal Code (Fences) or any successor by-law thereto;
(b) in good repair;
(c) in a safe and structurally sound condition;
(d) reasonably plumb, unless specifically designed to be other than vertical; and
(e) unless inherently resistant to deterioration, with a protective coating of paint
or equivalent weather -resistant material.
Signs
6.21 A sign and any supporting structure shall only be installed and shall be
maintained:
(a) in conformance with the requirements of the City's Sign By-law;
(b) in good repair and without any visible deterioration when viewed from any
property other than the property on which the sign is situated;
(c) in a safe and structurally sound condition; and
(d) in a reasonably vertical plane unless otherwise approved by the City.
6.22 A sign that is unused, not cared for, or discarded shall be removed from the
property or shall be stored within a building or structure.
Retaining Walls
6.23 A retaining wall shall be maintained in good repair and in a safe and structurally
sound condition.
6.24 Without restricting the generality of section 6.23, such maintenance includes:
(a) redesigning, repairing or replacing of all deteriorated, damaged,
misaligned, or missing portions of the wall and any railings or guards
appurtenant thereto;
(b) installing subsoil drains where required to maintain the stability of the wall;
(c) grouting masonry cracks; and
(d) applying to all exposed metal or wooden components, unless inherently
resistant to deterioration, a protective coating of paint or equivalent
weather -resistant material.
Unsightly Storage
6.25 Accumulations of material, wood, or other objects that create an unsafe or
unsightly condition, or are otherwise deleterious to the neighbouring
environment, shall be removed or stored within a building or structure.
Infestations
6.26 Infestations on exterior property areas of rodents, vermin, pests, and injurious
insects such as carpenter ants and cockroaches, shall be controlled as
reasonably possible in the circumstances.
ARTICLE 7 — EXTERIOR OF BUILDINGS AND STRUCTURES
Towers, Masts, Antennae
7.1 Gantries, towers, masts, antennas, and structures of similar character shall be
maintained:
(a) reasonably plumb, unless specifically designed to be other than vertical;
(b) in good repair;
(c) in a safe and structurally sound condition, and
(d) in a relatively rust -free condition.
Foundations, Walls, Columns and Beams
7.2 The exterior foundations, walls, columns, and beams of a building or structure
shall be maintained in good repair and in a safe and structurally sound condition.
Doors and Windows
7.3 All exterior doors, windows, including storm and screen windows, shutters,
hatchways, and other exterior openings in a building or structure shall be
maintained in good working order and good repair, in a safe condition and,
except for screen windows, reasonably weathertight and draft free.
7.4 Without restricting the generality of section 7.3, such maintenance includes:
(a) repairing, refitting, or replacing decayed, damaged, defective, or missing
doors, windows, frames, sashes, casings, shutters, hatchways, or
screens;
(b) keeping glazed doors, windows, and other transparent surfaces
reasonably clean so as to permit unimpeded visibility and unrestricted
passage of light;
(c) reglazing, or refitting with transparent glass or other material or, where
permitted, with a translucent substitute;
(d) repairing or replacing defective, damaged, or missing hardware and
locking devices; and
(e) weatherstripping and caulking of doors and windows.
7.5 When an exterior opening is used or required for ventilation or illumination
and is not required to be protected by a door, window, or similar closure, it
shall be protected with:
(a) wire mesh, screening, metal grills, or other equivalent durable material; or
(b) other protection so as to effectively prevent the entry of rodents or vermin.
7.6 Exterior security locking and release, and voice communications systems, where
provided, shall be maintained in good repair and operative condition.
Roofs and Roof Structures
7.7 The roof of every building or structure shall be structurally sound, weatherproof,
and free of loose or unsecured objects and materials and excessive
accumulations of snow and ice. Improperly secured objects and materials shall
be either removed, repaired, or replaced.
7.8 All roof flashing, gutters, valleys, eavestroughs, and downpipes on a building or
structure shall be secured, free of rust, and maintained in good working order.
7.9 All soffit and fascia components of a building or structure shall be secured and
maintained in good repair and properly painted or otherwise treated.
7.10 Chimneys, stacks, masts, lightning arrestors, antennas, and other roof structures
on a building or structure shall be maintained in good repair and in a safe and
structurally sound condition.
Exterior Surfaces
7.11 Every exterior surface, not inherently resistant to deterioration, on a building,
structure, or any part thereof or appurtenance thereto shall be maintained,
without visible deterioration, with a protective coating of paint or equivalent
weather -resistant material.
7.12 A building, structure, or portion thereof, damaged by fire or other causes, shall
be repaired to its original condition and as may otherwise be required by this by-
law, or the building shall be demolished or the damaged portion removed and the
property left in a graded and level condition.
7.13 Without restricting the generality of section 7.12, such repairs shall include:
(a) abating any unsafe condition; and
(b) refinishing so as to be in harmony with adjoining undamaged surfaces.
7.14 Nothing in sections 7.11, 7.12, or 7.13 shall be construed as restricting any door,
window, or other opening in the exterior of a vacant or unoccupied building from
being protected by preventing entry thereto for such time as a building remains
vacant or unoccupied, as is required by Chapter 694 of The City of Kitchener
Municipal Code (Vacant Buildings — Secured) or any successor by-law thereto.
Landings, Verandahs, Porches and Decks
7.15 Every stair, landing, verandah, porch, deck, loading dock, or balcony on the
exterior of a building or structure, along with any guard, balustrade, railing,
screen or other appurtenance attached thereto shall be maintained in good
repair and in a safe and structurally sound condition.
7.16 Without restricting the generality of section 7.15, such maintenance includes:
(a) repairing or replacing floors, treads, and risers that show excessive wear or
are broken, warped, loose, depressed, protruding, or otherwise defective or
missing;
(b) repairing, replacing or supporting structural members that are decayed,
damaged, weakened, loose, or missing; and
(c) repairing or replacing balustrades, guards, and railings.
Drainage Systems
7.17 Where water run-off from roof surfaces is discharged by way of eavestroughs,
roof gutters, or downpipes, they shall be installed and maintained in good
working order and good repair, watertight and free from leaks, and in a safe
condition.
7.18 Downpipes, sump pump discharge lines, or any other device designed and
intended to direct or discharge water, shall be designed, provided, and
maintained so as to direct or discharge water run-off away from the building and
to prevent flooding, erosion, and other nuisance to neighbouring properties.
Plumbing Systems
7.19 All plumbing systems required by law shall be provided.
7.20 All plumbing systems shall be maintained in good working order, in good repair,
and in a safe condition.
Electrical Systems
7.21 All electrical systems and all components thereof shall be maintained in good
working order, in good repair, and in a safe condition.
ARTICLE 8 — INTERIOR OF BUILDINGS AND STRUCTURES
Interior Foundations, Walls, Columns and Beams
8.1 Interior foundations, walls, columns, and beams of buildings and structures shall
be maintained in good repair and in a safe and structurally sound condition.
Interior Surfaces and Finishes
8.2 Interior surfaces and finishes of walls and ceilings in buildings and structures
shall be maintained:
(a) in good repair, free from holes, loose boards, and broken, torn, damaged,
decayed, or missing materials; and
(b) in a safe condition; and
(c) so as to possess the fire resistant properties required by the Building
Code and the Fire Code.
Interior Doors
8.3 All interior doors of buildings and structures shall be maintained in good working
order, good repair, and in a safe condition.
8A All doors within a building or structure which provide access to or egress from a
dwelling unit shall be maintained in good working order, good repair, and in a
safe condition and shall be equipped with a locking device that is maintained in
good repair and in an operative condition.
Interior Kitchen/bathroom Countertops and Cabinetry
8.5 All kitchen and bathroom countertops and cabinetry within a building or structure
shall be maintained in good repair and capable of withstanding the loads and
uses they were designed to or are reasonably needed to accommodate.
Stairs, Floors, Landings
8.6 Every stair, floor, and landing in a building or structure along with any guard,
balustrade, railing, screen, or other appurtenance attached thereto shall be
maintained in good repair and in a safe and structurally sound condition.
8.7 Without restricting the generality of section 8.6, such maintenance includes:
(a) repairing or replacing flooring, treads, and risers that show excessive
wear or are missing, broken, warped, loose, depressed, protruding, or
otherwise defective or which constitute a potential trip hazard;
(b) repairing, replacing, or supporting structural members that are decayed,
damaged, weakened, loose, or missing; and
(c) providing in accordance with the Building Code and repairing or replacing
balustrades, guards, and railings.
Barrier Free Access
8.8 All interior barrier -free access facilities within a building or structure for persons
with disabilities where installed or required by law or as a condition of
development or redevelopment small be maintained in a good state or repair,
operationally suitable, and available for use by persons with disabilities.
Elevating Devices
8.9 Elevators, dumb -waiters, hoists, escalators, incline lifts, and other elevating
devices in a building or structure shall be installed and maintained in good
working order, in good repair, and in a safe condition.
Ventilation Systems
8.10 Any ventilation required by law in a building or structure shall be provided and
maintained in all rooms and spaces so as to prevent accumulations of heat, dust,
fumes, gases, including carbon monoxide, vapours, and other contaminants
which may create a fire, explosion, toxic hazard, or health hazard.
8.11 Ventilation systems shall be cleaned regularly and maintained in good working
condition, in good repair, and in a safe condition.
Heating and Mechanical Systems
8.12 Where a heating system, water system, or other mechanical system is required
by law for a building or structure, it shall be provided.
8.13 Every heating system, water system, or other mechanical system servicing or
intended to service a building or structure shall be maintained and operated in
good working order, in good repair, and in a safe condition.
8.14 A heating system that is required by law for a dwelling unit shall be capable of
supplying, during normal hours of occupancy, sufficient heat to maintain a
minimum air temperature of 21 degrees Celsius (70 degrees Fahrenheit) in all
habitable rooms.
Electrical Systems
8.15 All electrical systems within or about a building or structure and all components
thereof shall be maintained in good working order, in good repair, and in a safe
condition.
Plumbing Systems
8.10 All plumbing systems required by law to service a building or structure shall be
provided.
8.17 All plumbing systems servicing or intended to service a building or structure shall
be maintained in good working order, in good repair, and in a safe condition.
Interior Lighting
8.18 Interior lighting fixtures within a building or structure and their supports shall be
maintained in good repair and working order and in a safe and structurally sound
condition, so that such fixtures are able to provide an adequate level of lighting
so that the use normally carried out in such areas can be undertaken safely in
accordance with the intended use of the area.
Refuse Disposal
8.19 All interior refuse disposal and storage areas within a building or structure,
including garbage chutes, disposal rooms, containers and receptacles shall be
cleaned, disinfected, and maintained as is necessary to be clean, odour free, in
good working order, and in good repair.
Pest Infestations
8.20 All infestations of pests within a building or structure such as rodents, vermin,
and injurious insects including carpenter ants, fleas, bed bugs, and cockroaches
shall be eliminated.
Mould
8.21 Any accumulation of mould shall be cleaned and removed.
8.22 Any condition in a building containing an accumulation of mould, including but
not limited to water penetration, high humidity, or inadequate ventilation, that
may relate to the creation and growth of mould, shall be repaired or removed.
8.23 Section 8.21 shall not apply if, in the opinion of the Officer, the presence of
mould is minor in nature or relates to general maintenance or cleanliness that is
the responsibility of the occupant.
Air Quality
8.24 Interior spaces within a building or structure shall be kept free from
accumulations of air borne contaminants that may pose a health concern to any
person.
8.25 No person shall occupy or permit another person to occupy or have regular
access to an interior space within a building or structure where a high percentage
of air borne contaminants that may pose a health concern to an occupant exists.
8.26 Insulation of buildings and structures shall be maintained so as to meet the
standards required by law at the time of installation.
Human Habitation
8.27 No person shall use or cause or permit to be used any non -habitable space for
the purpose of a habitable room.
ARTICLE 9 —DWELLING UNITS
Window Locks
9.1 Within a dwelling unit at the request of an occupant, the owner of a building
shall install, maintain, and/or repair safety devices on windows with moveable
sashes, and on balcony doors, in a manner to prevent small children from
opening the window or balcony door to beyond four inches. Such improvements
shall be required for the duration of the tenancy of that occupant unless the
occupant requests the removal thereof and the device is not otherwise required
by law.
Electrical Systems
9.2 A dwelling unit shall be connected to an electrical supply system and shall be
wired to receive electricity.
9.3 All components of the electrical system distributing the electrical supply within a
dwelling unit shall provide adequate capacity for the use and intended use and
such connections, circuits, wiring and outlets along with any fuses, circuit
breakers, and other appurtenances thereto shall be installed and maintained;
(a) in good working order and good repair; and
(b) in a safe condition.
Human Habitation
9.4 Every habitable room within a dwelling unit shall have a minimum ceiling height
that conforms to the provisions of section 9.5 of the Building Code.
9.5 No room shall be used for sleeping purposes unless it conforms to the
dimensions prescribed in section 9.5 of the Building Code.
9.6 Every dwelling unit shall contain a minimum of one 3 -piece bathroom and all
fixtures in the bathroom shall be in good working order and free from leaks.
9.7 Every portion of a dwelling unit used for residential occupancy must comply with
the following requirements:
(a) the floors, walls, and ceilings within a building and the exterior walls, roofs,
and any openings therein shall be watertight and reasonably free from
dampness and drafts;
(b) every habitable room, except a kitchen, shall contain one or more
windows or a skylight that:
(i) opens directly to the outside air; and
(ii) has a total light transmitting area and openable ventilation
area of not less than that required by the Building Code;
(c) all windows and skylights shall be:
(i) glazed or fitted with an appropriate transparent material;
(ii) provided with hardware and locking devices;
(iii) maintained in good working order and good repair; and
(iv) if required for ventilating purposes, capable of being easily
opened and closed at all times;
(d) a heating system shall be provided, as required by this by-law, and
operated so as to maintain a minimum air temperature of 21 degrees
Celsius (70 degrees Fahrenheit) within any habitable room;
(e) an adequate and safe supply of potable water shall be provided and
maintained at all times;
(f) an adequate supply of hot water with a temperature range from 35.2 to 49
degrees Celsius (95.4 to 120.2 degrees Fahrenheit) shall be provided and
maintained at all times, and
(g) toilet, washing, and other sanitary facilities shall be provided and
maintained in good working order.
ARTICLE 10 — ADDITONAL STANDARDS FOR HERITAGE PROPERTIES
10.1 All work performed in accordance with the requirements of sections 10.2 and
10.3 must comply with all other relevant by-laws and legislation including the
Ontario Heritage Act, Written consent from Council or its delegate shall be
required before any work impacting the heritage attributes of a property is
performed, even when such work is ordered or required by the provisions of this
by-law.
10.2 Every owner and occupant of vacant heritage property shall, in addition to
complying with the other requirements of this by-law, maintain and repair the
heritage property as necessary to protect and prevent deterioration of its heritage
attributes.
10.3 In addition to meeting all other requirements of this by-law, every owner of
vacant heritage property shall ensure that the following measures are taken with
respect to that building or structure:
(a) that in order to minimize the potential of deterioration of heritage
attributes, the building or structure shall be boarded up to prevent the
entrance of unauthorized persons, damage from natural elements, or the
infestation of pests. The boarding shall comply with the following
requirements:
(i) all boards used in the boarding shall be installed from the
exterior and shall be properly fitted in a watertight manner to
fit within the side jambs, head jamb, and the exterior bottom
sill of the door or window so that any exterior trim remains
uncovered by the boarding;
(ii) all boards shall be at least 12.7mm (0.5 in.) weatherproofed
sheet plywood secured with nails or screws at least 50
millimetres (2 inches) in length and spaced not more than
150 millimetres (6 inches) on centre;
(iii) all boards shall be painted or otherwise treated so that the
colour blends with the exterior of the building or structure;
and
(iv) all boards shall be installed and maintained in good repair;
(b) the exterior shall be maintained in order to prevent moisture penetration
and damage from the elements that may have an adverse impact on the
heritage attributes;
(c) appropriate utilities serving the building shall be connected and used to
provide, maintain, and monitor proper heating to facilitate conservation of
the heritage attributes through the prevention of negative effects
associated with freeze -thaw cycles,
(d) appropriate ventilation shall be provided to prevent damage to the
heritage attributes that may be caused by humidity; and
(e) in order to deter vandals and thus protect the building or structure
containing heritage attributes from vandalism or the setting of fires,
appropriate security lighting must be installed and maintained on the
exterior of the building or structure.
10.4 Where an owner satisfies an Officer that a vacant heritage property is not
intended to remain vacant for a period exceeding six (6) months, the Officer may,
in his/her sole discretion, exempt an owner from complying with any of the
requirements of sections 10.2 and 10.3 or allow the owner to take alternative
measures for the protection of the heritage attributes in place of any of the
requirements of sections 10.2 and 10.3.
10.5 Where an Officer has granted an exemption or has approved alternative
measures for compliance with sections 10.2 and 10.3, such exemption or
approval may be withdrawn at any time upon ten (10) days' notice to the owner if
an Officer is of the opinion that the vacant heritage property is likely to remain
vacant for a longer period than originally anticipated or if, in the sole discretion of
an Officer, the heritage attributes are not being adequately protected by the
measures being taken.
ARTICLE 11— VACANT AND UNFINISHED BUILDINGS AND VACANT LAND
Unfinished Buildings
11.1 Where, in the opinion of the Director or designate, there has been no substantial
progress on the construction or demolition of a building, structure, or portion(s)
thereof for a period of more than one year, such building, structure, or portion(s)
thereof shall be:
(a) removed in accordance with any relevant legislation; or
(b) finished in a reasonable time as specified by the Director:
(i) in a manner accepted as good workmanship in the
respective building trades concerned;
(ii) with materials suitable and sufficient for the purpose;
(iii) in accordance with the intended use of the building or
structure; and
(iv) in compliance with any relevant statutes, regulations, or City
by-laws.
Vacant Buildings
11.2 Except as set out in section 11.3 of this by-law, where a building or part thereof
is vacant, the owner of the property on which it is situated shall comply with all
requirements of this by-law.
11.3 Where an owner can show to the Director's satisfaction that:
(a) the building or structure is not heritage property;
(b) the building or structure is intended to remain vacant until such time as it
is demolished or substantially renovated;
(c) the building or structure has not been vacant for a period exceeding one
year;
(d) demolition or substantial renovation of the building or structure is intended
to take place prior to it having been vacant for one (1) year and the owner
is taking all reasonable steps to ensure such completion; and
(e) the building is in a safe condition;
then the interior of that building or structure shall be exempt from the
requirements of this by-law.
11A Any boarding or protective covering that is used on a building to secure a
window, door, or other opening from entry shall be maintained in a good
condition without visible deterioration and, within two weeks of the time it is
installed, shall be treated with a protective coating of paint or equivalent weather -
resistant material that is of a colour compatible with the surrounding fagade of
the building. Despite this section, boarding of vacant heritage property shall be
done in compliance with the requirements of Article 10.
Vacant Land
11.5 Where the City has approved a site plan or site alteration process in relation to a
property but intended work has not commenced or has not significantly
progressed for a period of six (6) months, the subject property shall:
(a) be maintained in good condition and kept free of:
(i) waste material or other debris; and
(ii) vehicles, equipment, and materials related to the proposed
or intended work unless being actively used;
(b) be kept in accordance with the City's requirements under Chapter 650 of
The City of Kitchener Municipal Code including, without limitation,
requirements with respect to the cutting of vegetation and grass; and
(c) shall be maintained in a safe condition which shall include, without
limitation, the property being:
(i) cleared of objects or conditions that may create a health,
fire, or other hazard;
(ii) graded and filled up so no open excavation remains; and
(iii) graded and drained to prevent ponding on the property or
nuisance to neighbouring properties;
11.6 Despite section 11.5, a property owner may propose and the Director may
approve alternative measures for a property where development is expected to
resume and the Director is satisfied that safety issues are adequately addressed.
Any such approval shall only be effective where provided in writing and
containing a specific timeline for which such alternative measures have been
approved.
ARTICLE 12 - ENFORCEMENT
Enforcement
12.1 An owner that fails to comply with an order that is final and binding under this by-
law is guilty of an offence under Section 36(1) of the Building Code Act, S.O. 1992,
c.23, and is liable to a penalty or penalties as set out in that Act.
ARTICLE 13 — TRANSITION INTERPRETATION AND ADMINISTRATIVE
PROVISIONS
Transitional Rules
13.1 The repeal of the former Chapter 665 of The City of Kitchener Municipal Code as
amended and the by-laws repealed by section 13.6 hereof do not:
(a) affect the previous operation of the repealed Chapter and by-laws;
(b) affect a right , privilege, obligation, or liability that came into existence under
the repealed Chapter or by-law;
(c) affect an offence committed against the repealed Chapter or by-laws or any
penalty, forfeiture, repair, demolition, or punishment incurred in connection
with the offence; or
(d) affect an investigation, proceeding, or remedy in respect of a right, privilege,
obligation, or liability described in section 13.1(b), or a penalty, forfeiture,
repair, demolition, or punishment described in section 13.1(c).
13.2 An investigation, proceeding, or remedy described in section 13.1(d) may be
commenced, continued, and enforced as if the Chapter and by-laws had not been
repealed or revoked.
13.3 A penalty, forfeiture, repair, demolition, or punishment described in section 13.1(c)
may be imposed as if the Chapter and by-laws had not been repealed or revoked.
Interpretation
13.4 Any articles, section headings, or captions used in this by-law are for convenience
of reference only and shall not affect its construction or interpretation.
Severability
13.5 Each and every of the provisions of this by-law is severable and if any provision
of this by-law should for any reason be declared invalid by any court, it is the
intention and desire of this Council that each and every of the then remaining
provisions hereof shall remain in full force and effect.
Repeal
13.6 Except for the purposes of section 13.1 of this by-law, the following are hereby
repealed: By-law 87-321, sections 8, 9, and 10 of By-law 88-228, By-law 91-149,
section 41 of By-law 95-11, section 37 of By-law 95-97, By-law 98-176, By-law
2002-102, By-law 2002-241, By-law 2004-263, By-law 2006-101, By-law 2008-
124, By-law 2009-101, By-law 2009-142, and the contents of Chapter 665.
Administrative
13.7 The Clerk of the City is hereby directed to make this by-law a part of The City of
Kitchener Municipal Code by adding it to the Concordance and arranging and
numbering it as Chapter 665 so as to fit within the scheme of the Code.
13,8 This by-law shall be known as the "Property Standards By-law".
PASSED at the Council Chambers in the City of Kitchener this day of
32017.
Mayor
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