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HomeMy WebLinkAboutChapter 665 - Standards of Maintenance and Occupancy of PropertyKITCHENER 665.1 JUNE 2024 PROPERTY MAINTENANCE Chapter 665 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY TABLE OF CONTENTS Article No. Title Page No. 665.1 .................. Definitions ........................................................................................ 4 665.2 .................. Property Standards Committee ...................................................... 6 665.3 .................. Standards of Maintenance and Occupancy .................................. 7 665.4 .................. Repair and Maintenance General Provisions ................................ 7 665.5 .................. Structural Soundness and Safety .................................................. 8 • Structural Capacity ...................................................................... 8 • Unsafe Conditions ....................................................................... 8 • Prohibition ................................................................................... 8 665.6 .................. Exterior Property Areas .................................................................... 8 • Exterior Land ............................................................................... 8 • Drainage Systems ..................................................................... 10 • Barrier Free Access .................................................................. 10 • Site Development Requirements............................................... 10 • Garbage Receptacles ............................................................... 10 • Refuse Disposal ........................................................................ 10 • Snow Disposal Sites ................................................................. 11 • Swimming Pools ........................................................................ 11 • Recreational Facilities ............................................................... 12 • Fences ...................................................................................... 12 • Signs ......................................................................................... 12 • Retaining Walls ......................................................................... 13 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.2 JUNE 2024 • Unsightly Storage ...................................................................... 13 • Infestations ................................................................................ 13 • Key lockboxes ........................................................................... 13 665.7 .................. Exterior of Buildings and Structures ............................................. 13 • Towers, Masts, Antennae ......................................................... 13 • Foundations, Walls, Columns and Beams ................................ 14 • Doors & Windows ..................................................................... 14 • Roofs and Roof Structures ........................................................ 15 • Exterior Surfaces ...................................................................... 15 • Landings, Verandahs, Porches and Decks ............................... 16 • Drainage Systems ..................................................................... 16 • Plumbing Systems .................................................................... 16 • Electrical Systems ..................................................................... 17 665.8 ................. Interior of Buildings and Structures .............................................. 17 • Interior Foundations, Walls, Columns and Beams .................... 17 • Interior Surfaces and Finishes .................................................. 16 • Interior Doors ............................................................................ 17 • Interior Kitchener/Bathroom Countertops and Cabinetry ........... 18 • Stairs, Floors, Landings ............................................................ 18 • Barrier Free Access .................................................................. 18 • Elevating Devices ..................................................................... 18 • Ventilation Systems .................................................................. 18 • Heating and Mechanical Systems ............................................. 19 • Electrical Systems ..................................................................... 19 • Plumbing Systems .................................................................... 19 • Interior Lighting ......................................................................... 19 • Refuse Disposal ........................................................................ 20 • Pest Infestations........................................................................ 20 • Mould ........................................................................................ 20 • Air Quality ................................................................................. 20 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.3 JUNE 2024 • Human Habitation ..................................................................... 21 665.9 ................... Dwelling Units ................................................................................ 21 • Window Locks .......................................................................... 21 • Electrical Systems ................................................................... 21 • Human Habitation .................................................................... 21 665.10 ................ Additional Standards for Heritage Properties ............................... 23 665.11 ................ Vacant and Unfinished Buildings and Vacant Land ..................... 24 • Unfinished Buildings ................................................................ 24 • Vacant Buildings ...................................................................... 25 • Vacant Land ............................................................................. 25 665.12 ................ Enforcement .................................................................................... 26 • Enforcement ............................................................................ 26 665.13 ................ Transition, Interpretation and Administrative Provisions ............ 26 • Transitional Rules .................................................................... 26 • Interpretation ............................................................................ 27 • Severability .............................................................................. 27 • Repeal ..................................................................................... 27 • Administrative .......................................................................... 28 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.4 JUNE 2024 ARTICLE 1 DEFINITIONS 665.1.1 A term not defined in this Chapter 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 Chapter including its recitals: “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. "Building Code" means Ontario Regulation 332/12 under the Building Code Act, or any Regulation(s) enacted in substitution thereof. "Building Code Act" means the Building Code Act, 1992, S.O. 1992. c. 23, or any Act(s) enacted in substitution thereof. "City" shall mean The Corporation of the City of Kitchener unless the context requires otherwise. "Council" shall mean Council of the City. “Designated provision” means any section of this Chapter designated in accordance with Article 12. "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 lot on which a building is present, and shall include all landscaping, including softscaping and hardscaping, and the exterior elements of any buildings including but not limited to decks, patios, porches, or balconies. "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 213/07 under the Fire Protection and Prevention Act, 1997, 8.0. 1997, c. 4. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.5 JUNE 2024 "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 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. “key lockbox” shall mean a container for the purposes of securely storing a key, key fob, access card, or other item that will grant access to a building, property, or vehicle. "multi-residential building" means a building containing three 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 Chapter. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.6 JUNE 2024 "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 Chapter. "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. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.7 JUNE 2024 ARTICLE 2 PROPERTY STANDARDS COMMITTEE 665.2.1 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 665.3.1 The applicable standards for maintenance and occupancy of property set forth in this Chapter are hereby prescribed as the minimum standards for all property in the city of Kitchener. ARTICLE 4 REPAIR AND MAINTAINANCE GENERAL PROVISIONS 665.4.1 The owner of any property which does not conform to the standards prescribed by this Chapter shall repair and maintain the property to conform with the standards prescribed by this Chapter, or the property shall be cleared of all buildings, structures, debris, or refuse and left in a graded and leveled condition. 665.4.2 Despite section 665.4.1, 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. 665.4.3 Where a provision of this Chapter 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. 665.4.4 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.8 JUNE 2024 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. 665.4.5 Despite any provision of this Chapter requiring maintenance or repair to a building or structure, nothing in this Chapter 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. 665.4.6 No owner shall fail to comply with a final and binding Order issued pursuant to section 15.2(2) of the Building Code Act, 1992, S.O. 1992, c. 23. ARTICLE 5 STRUCTURAL SOUNDNESS AND SAFETY Structural Capacity 665.5.1 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. 665.5.2 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 665.5.3 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 665.5.4 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 665.5.1, 5.2, and 5.3 of this Chapter. However, the Director may, in the Director's sole discretion, limit STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.9 JUNE 2024 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 665.6.1 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. 665.6.2 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. 665.6.3 Paths and walkways shall be installed and maintained in a safe condition with non-organic ground cover. 665.6.4 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.10 JUNE 2024 c) all exterior parking areas, including laneways, are kept reasonably free of accumulations of ice and snow at all times. d) Garbage containers on exterior property areas, in addition to the requirements set out in section 665.6.12, shall be kept in a rear or side yard in an enclosed a structure with a lid or roof. Such structure shall screen the garbage containers from the view of streets, sidewalks, multi-use trails, and neighbouring properties, and if capable of being opened shall be kept closed at all times except when the containers contained therein are actually being filled or emptied. (i) Despite section 665.6.4(d), garbage containers do not need to be contained within a structure during the time frame provided by a municipal waste management department for collection of said garbage containers for the address where the garbage containers are kept. (ii) For greater clarity, garbage containers in this section also includes receptacles intended to hold recyclable materials and yard waste. e) A structure containing garbage containers as set out in section 665.6.4(d) shall be kept in in good working order, free of odours, and without any visible deterioration. f) All mailboxes shall be kept in a state of good repair and working order, including eliminating any unreasonable barriers to their access. 665.6.5 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. 665.6.6 Lighting on private property: (a) shall not be used in a manner, or directed into another dwelling unit in a manner that in the opinion of an Officer is likely to create a nuisance to occupants of another property. (b) Shall be full cutoff luminaries that direct no light above the horizontal plane. However, neither section 665.6.6(a) or 665.6.6(b) shall apply to prohibit, regulate, or control lighting approved by the City as a condition of development or redevelopment. 665.6.7 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.11 JUNE 2024 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 665.6.8 Drainage systems on a property shall be maintained in good working order, in good repair; and in a safe condition. Barrier Free Access 665.6.9 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 665.6.10 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 665.6.11 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 665.6.12 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. 665.6.13 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.12 JUNE 2024 Garbage containers on exterior property areas and any garbage collection and storage areas shall be maintained in a clean and sanitary condition. 665.6.14 Properties that have on-site garbage collection shall provide adequate garbage containers to accommodate the volume of garbage generated. Snow Disposal Sites 665.6.15 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 665.6.16 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. 665.6.17 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. 665.6.18 For the purposes of section 665.6.17, "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 665.6.19 Recreational areas and structures, where provided for outdoor use, shall be repaired and STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.13 JUNE 2024 cleaned as is necessary to maintain them in a safe condition and available for use. Fences 665.6.20 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 665.6.21 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. 665.6.22 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 665.6.23 A retaining wall shall be maintained in good repair and in a safe and structurally sound condition. 665.6.24 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.14 JUNE 2024 Without restricting the generality of section 665.6.23, 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 665.6.25 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 665.6.26 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. Key lockboxes 665.6.27 A key lockbox installed or placed on the exterior of building or property shall be kept in good repair and maintained in a manner so as to prevent unauthorized access to any item within the key lockbox. ARTICLE 7 EXTERIOR OF BUILDINGS AND STRUCTURES Towers, Masts, Antennae 665.7.1 Gantries, towers, masts, antennas, and structures of similar character shall be maintained: (a) reasonably plumb, unless specifically designed to be other than vertical; STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.15 JUNE 2024 (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 665.7.2 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 665.7.3 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. 665.7.4 Without restricting the generality of section 665.7.3, 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. 665.7.5 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. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.16 JUNE 2024 665.7.6 Exterior security locking and release, and voice communications systems, where provided, shall be maintained in good repair and operative condition. Roofs and Roof Structures 665.7.7 The roof of every building or structure shall be structurally sound, without visible deterioration or damage, 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. 665.7.7.1 Every metal roof shall have guards installed thereupon, adequate for the purposes of controlling the falling or sliding of any accumulated ice or snow. 665.7.7.2 Such guards indicated in section 665.7.7.1 above shall be kept in good repair and in a manner that will prevent falling or sliding ice or snow from causing damage or injury to any person or thing below, or damage or nuisance to any neighbouring properties, streets, sidewalks, or multi-use trails. 665.7.8 All roof flashing, gutters, valleys, eaves troughs, and downpipes on a building or structure shall be secured, free of rust, and maintained in good working order. 665.7.9 All soffit and fascia components of a building or structure shall be secured and maintained in good repair and properly painted or otherwise treated. 665.7.10 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 665.7.11 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. 665.7.12 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.17 JUNE 2024 building shall be demolished or the damaged portion removed and the property left in a graded and level condition. 665.7.13 Without restricting the generality of section 665.7.12, such repairs shall include: a) abating any unsafe condition; and b) refinishing so as to be in harmony with adjoining undamaged surfaces. 665.7.14 Nothing in sections 665.7.11, 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 665.7.15 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. 665.7.16 Without restricting the generality of section 665.7.15, 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 665.7.17 Where water run-off from roof surfaces is discharged by way of eaves troughs, 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. 665.7.18 Downpipes, sump pump discharge lines, or any other device designed and intended to STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.18 JUNE 2024 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 665.7.19 All plumbing systems required by law shall be provided. 665.7.20 All plumbing systems shall be maintained in good working order, in good repair, and in a safe condition. Electrical Systems 665.7.21 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 665.8.1 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 665.8.2 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; (b) in a safe condition; (c) so as to possess the fire resistant properties required by the Building Code and the Fire Code. (d) When mailboxes are installed internally, they shall be kept in a state of good repair and working order, including eliminating any unreasonable barriers to their STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.19 JUNE 2024 access; and (e) When key lockboxes are installed or placed internally, they shall be kept in good repair and maintained in a manner so as to prevent unauthorized access to any item within the key lockbox. Interior Doors 665.8.3 All interior doors of buildings and structures shall be maintained in good working order, good repair, and in a safe condition. 665.8.4 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 665.8.5 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 665.8.6 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. 665.8.7 Without restricting the generality of section 665.8.6, 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. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.20 JUNE 2024 Barrier Free Access 665.8.8 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 shall be maintained in a good state or repair, operationally suitable, and available for use by persons with disabilities. Elevating Devices 665.8.9 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 665.8.10 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. 665.8.11 Ventilation systems shall be cleaned regularly and maintained in good working condition, in good repair, and in a safe condition. Heating and Mechanical Systems 665.8.12 Where a heating system, water system, or other mechanical system is required by law for a building or structure, it shall be provided. 665.8.13 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. 665.8.14 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 665.8.15 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.21 JUNE 2024 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 665.8.16 All plumbing systems required by law to service a building or structure shall be provided. 665.8.17 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 665.8.18 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 665.8.19 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 665.8.20 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 665.8.21 Any accumulation of mould shall be cleaned and removed. 665.8.22 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. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.22 JUNE 2024 665.8.23 Section 665.8.21 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 665.8.24 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. 665.8.25 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. 665.8.26 Insulation of buildings and structures shall be maintained so as to meet the standards required by law at the time of installation. Human Habitation 665.8.27 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 665.9.1 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 665.9.2 A dwelling unit shall be connected to an electrical supply system and shall be wired to receive electricity. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.23 JUNE 2024 665.9.3 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 665.9.4 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. 665.9.5 No room shall be used for sleeping purposes unless it conforms to the dimensions prescribed in section 9.5 of the Building Code. 665.9.6 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. 665.9.7 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; STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.24 JUNE 2024 (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 in accordance with the Building Code 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 ADD/TONAL STANDARDS FOR HERITAGE PROPERTIES 665.10.1 All work performed in accordance with the requirements of sections 665.10.2 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 Chapter. 665.10.2 Every owner and occupant of vacant heritage property shall, in addition to complying with the other requirements of this Chapter, maintain and repair the heritage property as necessary to protect and prevent deterioration of its heritage attributes. 665.10.3 In addition to meeting all other requirements of this Chapter, 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, STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.25 JUNE 2024 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. 665.10.4 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 665.10.2 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 665.10.2 and 10.3. 665.10.5 Where an Officer has granted an exemption or has approved alternative measures for compliance with sections 665.10.2 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.26 JUNE 2024 VACANT AND UNFINISHED BUILDINGS AND VACANT LAND Unfinished Buildings 665.11.1 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 665.11.2 Except as set out in section 665.11.3 of this Chapter, 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 Chapter. 665.11.3 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.27 JUNE 2024 this Chapter. 665.11.4 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 facade of the building. Despite this section, boarding of vacant heritage property shall be done in compliance with the requirements of Article 10. Vacant Land 665.11.15 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; 565.11.16 Despite section 665.11.5, 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. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.28 JUNE 2024 ARTICLE 12 ENFORCEMENT Enforcement 665.12.1 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. 665.12.2 If an order that is final and binding under this by-law is not complied with, the City may cause the property to be repaired or demolished accordingly in accordance with section 15.4 of the Building Code Act. 665.12.3 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. 665.12.4 The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 665.12.5 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 665.12.3. ARTICLE 13 TRANSITION, INTERPRETATION, AND ADMINISTRATIVE PROVISIONS Transitional Rules 665.13.1 The repeal of the former Chapter 665 of The City of Kitchener Municipal Code as amended and the by-laws repealed by section 665.13.6 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 STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.29 JUNE 2024 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 665.13.1(b), or a penalty, forfeiture, repair, demolition, or punishment described in section 665.13.1(c). 665.13.2 An investigation, proceeding, or remedy described in section 665.13.1(d) may be commenced, continued, and enforced as if the Chapter and by-laws had not been repealed or revoked. 665.13.3 A penalty, forfeiture, repair, demolition, or punishment described in section 665.13.1(c) may be imposed as if the Chapter and by-laws had not been repealed or revoked. Interpretation 665.13.4 Any articles, section headings, or captions used in this Chapter are for convenience of reference only and shall not affect its construction or interpretation. Severability 665.13.5 Each and every of the provisions of this Chapter is severable and if any provision of this Chapter 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 665.13.6 Except for the purposes of section 665.13.1 of this Chapter, the following are hereby repealed: By-law 87-321, sections 665.8, 9, and 10 of By-law 88-228, By-law 91-149, section 665.41 of By-law 95-11, section 665.37 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 665.13.7 The Clerk of the City is hereby directed to make this Chapter a part of The City of Kitchener Municipal Code by adding it to the Concordance and arranging and numbering STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.30 JUNE 2024 it as Chapter 665 so as to fit within the scheme of the Code. 665.13.8 This Chapter shall be known as the "Property Standards By-law''. STANDARDS OF MAINTENANCE AND OCCUPANCY OF PROPERTY KITCHENER 665.31 JUNE 2024 By-law No. 2017-129, 11 December 2017; By-law No. 2024-015, 22 January, 2024; By-law No. 2024-108, 27 May 2024.