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By-law No. 46

 

The Council of the Municipality of Grand Bay-Westfield under authority vested in it by the
Municipalities Act, R.S.N.B. 1973, c.M-22 and amendments thereto enacts as follows:……..
1.  This by-law may be cited as the Residential Properties Standards By-law.
INTERPRETATION
2. In this by-law:

(a) “Notice” means a notice under Clause (a) of Section 7; and (b) “Property” means residential property; and

(c) “Town Manager” means the Town Manager of the Town of
……Grand Bay-Westfield; and

(d) “Council” means the Council of the Town of Grand Bay-Westfield.
3.

 
SCOPE
The purpose of this by-law is:

(a)  to establish minimum standards to govern the condition, occupancy, and 
maintenance of residential properties; and
(b) to provide safeguards for the safety, health, and welfare of occupants and users
of residential properties by requiring owners thereof to repair and maintain such property in accordance with established minimum standards.
ADOPTION OF CODE
4. The Maintenance and Occupancy Code for Residential Properties, approved by the 
Lieutenant-Governor in Council pursuant to Section 93 of the said Municipalities Act and set forth in Schedule “A” hereto, forms part of this by-law.
DUTIES OF THE BUILDING INSPECTOR
5. The Building Inspector shall:
   (1) administer this by-law;
   (2) exercise such powers and perform such duties as are provided for the 
        enforcement of this by-law.
DUTY OF OWNER
6. The owner of residential property shall:
 

(a) repair and maintain such property in accordance with Standards set out in the
Residential Properties Maintenance and Occupancy Code adopted by Section 4 of this by-law, whether or not a notice has been served personally or mailed under Section 7; and
(b)  where a notice has been served on the owner, repair such property as 
delineated  in the notice within the time limit prescribed therein.

 

 

 

 

NOTICES
7.  Where the owner of residential property fails to repair or maintain such property in
accordance with the requirements of Section 6, the Building Inspector may:
 

(a)  by written notice served personally on or sent by registered mail to such 
owner, delineate work required to repair such property and the time limit within which the work is to be carried out; or
(b)  if, in the opinion of the Building Inspector, it would not be economical to
repair a dwelling, accessory building or fence forming part of such property, recommend that the Council take the necessary action to require the removal of such dwelling, accessory building or fence.

 

 
ENFORCEMENT
8.

 
 

 (1)  A notice sent by registered mail to an owner is deemed to be received by the
owner upon the expiration of six (6) days after the day on which it was registered at Canada Post in an envelope with postage prepaid and addressed to the owner at his last known address.
(2) Proof of service of a notice under clause (a) of Section 7 may be by a certificate
or an affidavit purporting to be signed by the Town Manager naming the person on or to whom the notice was served or sent and specifying the time, place and manner thereof.
(3) A document which purports to be a certificate or affidavit that the notice was 
 given in the manner provided herein shall:
   (a) be received in evidence by any Court in the Province without  proof 
        of the signature;
   (b) be conclusive proof that the person named in the certificate or
        affidavit received notice of the matters referred to therein.
(4) In a prosecution for an offence hereunder when proof of the giving of notice is
made as prescribed herein, the burden of proving that he is not the person named or referred to in the certificate or affidavit shall be upon the person charged.
(5) A notice given hereunder purporting to be signed by the Building Inspector shall:
 

(a)  be received in evidence by any Court in the Province without proof 
of the signature thereon;
(b) be prima facie evidence of the repairs required thereby and time limit 
prescribed therein; and
(c) on the hearing of an information for a violation of the provisions of this 
by-law,  be prima facie evidence that the person named therein is the owner of the premises in respect of which the notice was given.

 

 

 

 
9. A person who contravenes any provision of this by-law is guilty of an offense and is
liable on summary conviction to a fine of not less than Fifty Dollars ($50.00) and not more than Two Hundred Dollars ($200.00).
10.  By-law No. 106, being the Residential Minimum Standards By-law of the 
Municipality of Grand Bay and By-law No. 64 being the Maintenance and Occupancy Standards for Residential Properties of the Village of Westfield and all amendments thereto are hereby repealed.
This by-law comes into effect on the date of filing in the Registry Office.
READ A FIRST TIME THIS  12th  day of         March , 2001.
READ A SECOND TIME THIS   12th  day of         March , 2001.
READ A THIRD TIME AND ENACTED THIS  26th  day of  March, 2001.
Sandra Gautreau                                                                                             Grace Losier
Town Manager (Clerk)                                                                                              Mayorseal

 

SCHEDULE “A” 
RESIDENTIAL PROPERTIES MAINTENANCE AND OCCUPANCY CODE

 

 

1.  In this Code:
 

(a)  “accessory building” means a building, fence or other structure, the use of
which is incidental to the use of a dwelling and which is located in the yard around the dwelling;
(b) “dwelling” means a building, any part of which is used or is intended to be 
used for the purposes of human habitation, whether or not such building is in such state of disrepair as to be unfit for such purpose;
(c) “dwelling unit” means one or more rooms located within a dwelling and used 
or intended to be used for human habitation by one or more persons;
(d) “habitable room” means any room, other than a non-habitable room,
in a dwelling unit;
(e) “Medical Health Officer” means a Medical Health Officer appointed under the
Health Act, and includes a District Medical Health Officer;
(f)  “non-habitable room” means any room or space in a dwelling used or intended
to be used as a bathroom, toilet room, laundry, pantry, closet, recreation room, furnace room or other room or space for the service or maintenance of the dwelling intended for public use or access;
(g) “owner” means any person entitled to any freehold or other estate or interest
in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgager, lessee under lease, tenant, occupant, licensee, permittee or any other person having care, control, domain, and management over the premises or who receives any rent or pays municipal taxes in respect thereof;
(h) “repair” means to take the necessary action to bring residential property to 
the standards prescribed herein;
(i) “residential property” means a dwelling with the yard around it and any 
accessory building in such yard;
(j) “sewage” means water-carried waste from residential property, together with
such ground, surface and storm waters as may be present;
(k)  “sewer system” means the municipal sanitary sewer system where available 
or, otherwise, a private sewage disposal system that meets requirements of regulations under the Health Act;
(l)  “standards” means the standards of physical condition and of occupancy 
prescribed herein for residential property; and
(m) “yard” means the privately – or publicly – owned land around and appurtenant
to the whole or any part of a dwelling which is used or capable of being used in connection with the dwelling.

 

 
SCOPE
 2.  The purpose of this code is to establish standards:
 

(a) governing the condition, occupancy, and maintenance of residential property; 
and
(b)  providing safeguards for the safety, health, and welfare of the general public
and of occupants and users of residential property.

 

 
ADMINISTRATION
3.

  
 

(1) An officer appointed by a municipality to administer a by-law that adopts this 
code has the right to enter at all reasonable times upon any property within the municipality for the purpose of making any inspection that is necessary for the administration or enforcement of the by-law.
(2) Where an officer mentioned in Subsection (1) is refused admittance to any 
property within the municipality, the Clerk may serve, or cause to be served, on the person having control of the property, a demand that the officer, named therein, be permitted to enter upon such property in accordance with  Subsection (1).
(3) Service may be effected under Subsection (2) by personal delivery to the 
person  having control of the property or by depositing the demand in the mail in a prepaid registered envelope addressed to such person at his last known address.
(4) The service of a demand by mail as provided for in Subsection (3) is deemed 
to be complete upon expiration of six (6) days after the deposit thereof in the mail.
(5) Proof of service of a demand in either manner provided for in Subsection (3)
may be given by a certificate purporting to be signed by the Clerk which sets forth the name of the person on whom such demand was made and the time, place, and manner of service thereof.
(6) A document purporting to be a certificate of the Clerk made pursuant to
to Subsection (5) shall:
(a) be admissible in evidence without proof of the signature; and(b) be conclusive proof that the demand was served on the person named in the certificate.

 

MAINTENANCE OF YARDS AND ACCESSORY BUILDINGS
 
4. A yard shall:
 

(a)  be properly graded to ensure rapid drainage of storm water there from to 
prevent ponding therein or the entrance of water into a basement or cellar;
(b) be kept reasonably clean and free from rubbish or other debris and from 
objects, holes, excavations or other conditions that might create a health, fire or accident hazard; and
(c) be maintained free of rag weed, poison ivy, poison sumac and other noxious
plants.

 

 
5.  (1) Sewage shall be discharged into a sewer system.
 (2) Inadequately treated sewage shall not be discharged onto the surface of the
       ground, whether into a natural or artificial surface drainage system or otherwise.
6.  Steps, walks, driveways, parking spaces, and similar areas of a yard shall be maintained
so as to afford safe passage under normal use and weather conditions.
7.
 

(1) Any accessory building shall be kept in good repair and free from any
condition that constitutes or is apt to create a health, fire or accident hazard.
(2)  The exterior of any accessory building shall be kept weather resistant through
the use of appropriate weather resistant materials, including paint and other preservatives.
(3) Where an accessory building or any condition in a yard harbours noxious insects
or rodents, all necessary steps shall be taken to eliminate them and to prevent their reappearance.
(4) Dangerous accumulations of snow or ice or both shall be removed from the
roof of any accessory building.
(5) If an accessory building is not maintained in accordance with the standards 
mentioned  in this section, it shall be removed from the yard.

 

 
 8.
 

(1) Every dwelling unit shall be provided with such receptacles as may be
necessary to contain all garbage, rubbish, and ashes that accumulate therein or in the yard.
(2) Receptacles mentioned in Subsection (1) shall:(a) be made of metal or plastic;

(b) be made of watertight construction;

(c) be provided with a tight-fitting cover; and

(d) be maintained in a clean state.
(3) Garbage, rubbish, and ashes shall be promptly stored in receptacles described
in Subsection (2), and shall be removed therefrom in accordance with regulations of the municipality where applicable or, otherwise, at least once during each week.
(4) Materials of an inflammable nature shall be safely stored or removed at 
once from the residential property.

 

 

 

MAINTENANCE OF DWELLINGS AND DWELLING UNITS
 

 

 

 

9. Every part of a dwelling shall be maintained in a structurally sound condition so as to be
capable of sustaining safely its own weight and any additional weight that may be put on it through normal use.
10.
 

(1) A foundation wall of a dwelling shall be maintained so as to prevent the
entrance of moisture, insects, and rodents.
(2)  Without restricting the generality of subsection (1), maintenance mentioned
therein includes shoring of the wall where necessary, installing subsoil drains at the footing, grouting masonry cracks, waterproofing the wall and joints, and using other suitable means of maintenance.

 

 
11.
 

(1)  An exterior wall of a dwelling and its components shall be maintained so as to
prevent its deterioration as a result of weather and insects.
(2) Without restricting the generality of Subsection (1), maintenance mentioned 
therein includes painting, restoring or repairing the wall, coping or flashing, waterproofing joints or the wall itself, installing or repairing termite shields, and using other suitable means of maintenance.

 

 
12.
 

(1) A roof of a dwelling shall be maintained in a water-tight condition so as to 
prevent leakage into the dwelling.
(2) Without restricting the generality of Subsection (1), maintenance mentioned 
therein includes repairing the roof and flashing, applying waterproof coatings, installing or repairing eavestrough and rain water piping and using other suitable means of maintenance.
(3) Dangerous accumulations of snow or ice or both shall be removed from the roof
of a dwelling.

 

 
13.
 

(1) Windows, exterior doors and basement or cellar hatchways of a dwelling shall be
maintained so as to prevent the entrance of wind and precipitation into the dwelling.
(2) Without restricting the generality of Subsection (1), maintenance mentioned 
therein includes painting, renewing rotted or damaged doors, door frames, window frames, sashes and casing, refitting doors and windows, weather stripping, replacing defective door and window hardware, reglazing and using other suitable means of maintenance.

 

 
14.
 

(1)  An inside or outside stair, or a porch, shall be maintained so as to be free of 
holes, cracks, and any other condition they may constitute an accident hazard.
(2) Without restricting the generality of Subsection (1), maintenance mentioned
therein includes repairing or replacing:(a) treads or risers that show excessive wear or are broken, warped or loose;      ……and
(b) supporting structural members that are rotted or deteriorated.
(3) On an open side of a stairway, balcony, landing or stairwell, a handrail or 
banister  shall be installed so as to provide reasonable protection against accident or injury.

 

 
15.
 

(1) Every chimney, smoke pipe, and flue servicing a dwelling shall be maintained
so as to prevent gases from leaking into the dwelling.
(2) Without restricting the generality of Subsection (1), maintenance mentioned
therein includes cleaning the flue of obstructions, sealing open joints, repairing masonry and using other suitable means of maintenance.

 

 
16.
 

(1)  Every fireplace used or intended to be used in a dwelling for burning fuel in
open fires shall be maintained so that adjacent combustible material and structural members will not be heated to unsafe temperatures.
(2) Without limiting the generality of Subsection (1), maintenance mentioned 
therein includes securing connection to a chimney that complies with standards hereof, lining with fire-resistant material, repairing and relining, and installing, repairing and replacing the hearth.

 

 
17.
 

(1) Every interior wall and ceiling in a dwelling shall be maintained so as to be
free of large holes or cracks and loose plaster or other material, the collapse of which might cause injury.
(2) Without restricting the generality of Subsection (1), maintenance mentioned
therein includes repairing or filling holes and cracks and removing and replacing loose or defective sections.
(3) The surface of a wall or ceiling mentioned in Subsection (1) shall be finished
so as to be reasonably smooth, clean, tight and easily cleaned.

 

 
18.
 

(1) Subject to Section 19, every floor in a dwelling shall be maintained so as to be
free of loose, warped, protruding, broken or rotted boards that might cause an accident or admit rodents into the dwelling.
(2)  Without restricting the generality of Subsection (1), maintenance mentioned 
therein includes repairing or replacing floor boards and repairing, replacing or removing any floor covering that has become unduly worn or torn so that it retains dirt.

 

 
19. 
 

(1)  A bathroom floor or toilet floor shall be maintained so as to be reasonably
 impervious to water and to permit easy cleaning.
(2) Without restricting the generality of Subsection (1), maintenance mentioned
therein includes installing, repairing, refinishing, and replacing the floor or floor covering so as to provide the waterproof and cleaning conditions required.

 

 
20. In addition to other standards pertaining thereto, every floor, wall, ceiling, furnishing,
and fixture in a dwelling or dwelling unit shall be maintained in a clean and sanitary condition.
21.
 

(1)  A dwelling shall be kept free of rodents and insects at all times and methods
used for exterminating rodents or insects or both shall conform to generally accepted practice.
(2) A basement or cellar window used or intended to be used for ventilation, and 
any other opening in a basement or cellar that might let in rodents shall be screened with wire mesh or such other material as will effectively exclude rodents.
(3) During the time of year when insects may enter a dwelling, each outside door 
shall be equipped with a self-closing device, and every opening that opens to outdoor space, used or intended to be used for ventilation, shall be appropriately screened with wire mesh or such other material as will effectively exclude insects.

 

 
STANDARDS OF FITNESS FOR OCCUPANCY
22. 
 

(1) Plumbing is not required to be contained in a dwelling or dwelling unit, but
where it is so contained, it shall be connected to a sewer system in such manner as to discharge all wastes therefrom into such system.
(2) All plumbing, whether a drain pipe, water pipe, water closet, connecting line to 
the sewer system, or other plumbing fixture, shall be maintained in good working order and free from leaks and defects.

 

 
23.
 

(1) Where a dwelling contains plumbing, the following shall be supplied and 
maintained in good working order, connected to the sewer system and accessible to and available for each ten or fewer persons or family occupying the dwelling:
     (a) a toilet, served with cold running water;
     (b) a wash basin, served with hot and cold running water; and
     (c) a bathtub or shower, served with hot and cold running water.
(2) Hot water mentioned in Subsection (1) shall be served at such temperature that
it may be drawn from any tap at a temperature of not less than forty-four degrees Celsius.
(3) Where a dwelling does not contain plumbing, toilet and bathroom facilities, 
it shall be supplied and maintained at a standard and in a manner which, in the opinion of a Medical Health Officer, does not constitute a health hazard and is not apt to create such hazard.
(4) Where a toilet is required by Subsection (1), it shall be located within and 
accessible  from within the dwelling.
(5) Where a toilet or urinal is used by the occupants of more than one dwelling unit,
the room in which it is located shall be accessible only from a common hall.
(6) A toilet or urinal shall not be located within a room that is used for:
    (a) the preparation, cooking, storing or consumption of food; or
    (b) sleeping purposes.
(7)  A wash basin served by running water draining into a sewer system shall be 
located in the room that contains a toilet or in an adjoining room.

 

 
24. In a dwelling which contains plumbing, each dwelling unit shall be supplied with  hot
and cold running water facilities, with a draining sink connected to the sewer system, a continuous supply of hot and cold running water and all such facilities shall be maintained in good working order.
25.
 

(1)  Every dwelling should be provided with a heating system capable of 
maintaining a room temperature of twenty-one degrees Celsius at 1.5 metres above floor level in all habitable rooms, bathrooms and toilet rooms when the temperature outside the dwelling is -30 degrees Celsius.
(2) A heating system mentioned in Subsection (1) shall be maintained in good 
working condition so as to be capable of safely heating the dwelling to the required standard room temperature.
(3) Where the temperature in a dwelling or dwelling unit is not controlled by the
occupants thereof, such dwelling or dwelling unit shall be heated to twenty-one degrees Celsius during the hours between seven o’clock in the morning and eleven o’clock in the afternoon, during every day between the first day of September and the first day of June in the next year.
(4) Notwithstanding Subsection (3), the temperature required thereby applies only
during the hours specified and such temperature may be reduced and maintained at eighteen degrees Celsius during all other hours.
(5) Without restricting the generality of Subsection (2), maintenance mentioned
therein includes:
 

(a)  keeping rigid connections between a chimney or flue and any 
heating  equipment, including cooking equipment, that burns fuel;
(b) keeping rigid connections between equipment mentioned in
paragraph (a) and its fuel supply line; and
(c)  keeping equipment that is not mentioned in
paragraph (a) and that burns gaseous fuel properly vented to a duct leading to an outdoor space.

 

 
(6) No gas appliance of any kind may be installed or maintained in working 
condition with a gas supply in a room used or intended to be used for sleeping purposes.
(7) No person may use a room for sleeping purposes, or permit its use for such
purpose, if the room contains any type of gas appliance in working condition with a gas supply.
(8) Where a heating system or part of it or any auxiliary heating system burns
solid or liquid fuel, a place or receptacle for storage of the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire or accident hazards.

 

 

 

 

26.
 

(1)  All electrical wiring, equipment, and appliances located or used in a dwelling
shall be installed and maintained in good working order so as not to cause a fire or electrical shock hazard.
(2) Without restricting the generality of Subsection (1), maintenance mentioned
therein includes repairing or replacing defective wiring and equipment, installing additional circuits and any other repairs, alterations or installations required by or which may be required pursuant to regulation under the Electrical Installation and Inspection Act.
(3) When the capacity of a circuit within a dwelling or dwelling unit is in full or
nearly full use, as indicated by the amperage or wattage requirements shown on the appliance or appliances in use, a person shall not use an additional appliance so as to increase the use beyond the capacity of the circuit.

 

 
27.
 

(1)  In a dwelling unit in which the occupants prepare food for their own consumption,
or are intended to or are permitted to so prepare food, a suitable and convenient receptacle for the storage of food, containing at least 0.4 cubic metres of space, shall be maintained in good repair and in a clean state.
(2) Some part of the storage space mentioned in Subsection (1) shall be capable of 
sustaining a temperature low enough to preserve perishable foods for a reasonable time.

 

 
28. Every dwelling and each dwelling unit within it shall have a safe, continuous and 
unobstructed passage from the interior of the dwelling or dwelling unit to the outside of the dwelling at street or grade level.
29.
 

(1)  A source of light, such as a window, skylight, transparent or translucent panel,
or a combination thereof, that faces directly on open space at least one metre wide and at least fifteen centimetres above the adjoining finished grade or above an adjoining roof, and that admits as much natural light as would be transmitted through clear glass equal in area to ten percent of the floor area of the room, shall be provided and maintained in good repair in every habitable room.
(2) The open space opposite a source of light shall not be obstructed in any way 
and, if it is obstructed, the light source facing the open space so obstructed shall not be included in calculating the area of light source for the room.
(3) Every bathroom and toilet room shall have a permanently installed artificial 
lighting fixture that shall be maintained in good working order.
(4) Every stairway, hall, cellar and basement, and every laundry room, furnace 
room and similar non-habitable work room in a dwelling shall have adequate artificial light available at all times.

 

 
30.
 

(1) Every habitable room, bathroom and toilet room shall have adequate ventilation.
(2)  Where an aperture such as a window, skylight or louvre is used for ventilation, 
the aperture shall be maintained so as to be easily opened, kept open and closed.
(3) Where a dwelling or dwelling unit is ventilated by a system of mechanical 
ventilation or air conditioning, the system shall be maintained in good working order.

 

 
31.
 

(1)  A non-habitable room shall not be used as a habitable room.
(2) A dwelling unit shall have at least 9.3 square metres of habitable room floor 
area for each person resident therein.
(3) Subject to Subsection (5), a habitable room used for sleeping purposes shall
have a floor area of at least:
  (a) 5.6 square metres, if so used by only one person; and
  (b) 3.5 square metres per person, if so used by more than one person.
(4)  A habitable room shall be 2.2 metres in height over at least one half of the floor 
area.
(5) For the purposes of computing a floor area under Subsection (3),  any part of
the floor under a ceiling that is less than 1.5 metres above the floor shall not be counted.

 

 

 

 

 

Sandra Gautreau – Manager (Clerk)
Grace Losier – Mayor