Under and by virtue of the powers vested in it pursuant to the City of St. John’s Act, RSNL, 1990 c.C-17, as amended, and all other powers enabling it, the City of St. John’s enacts the following by-law prescribing minimum standards and regulations for the occupancy and maintenance of residential property in the City of St. John’s.
CITY OF ST. JOHN’S RESIDENTIAL PROPERTY STANDARDS BY-LAW
1. This By-Law may be cited as The St. John's Residential Property Standards By-Law.
DEFINITIONS
2.1 "Accessory Building" means any building or structure used for any purpose that is incidental or secondary to that of a residential use on the same lot. Without limiting the foregoing, such use shall include a private garage, shed, or greenhouse.
2.2 "Act" means the City of St. John's Act, RSNL,1990 c.C-17 and amendments thereto.
2.3 "Apartment" means a dwelling unit which contains bathroom and kitchen facilities for the exclusive use of the occupant or occupants of the dwelling unit, in which such facilities are contained.
2.4 "Apartment Building" means a dwelling containing three (3) or more apartments and includes a condominium registered in accordance with The Condominium Act, RSNL, c.C-29.1 and amendments thereto.
2.5 “Basement” means a story of a dwelling which is below ground level, and includes a cellar.
2.6 “Bird Feeder” means a single device that meets all four of the following:
(a) it is designed for the purpose of feeding songbirds and no other animals;
(b) it is designed to minimize the spillage of food on the ground;
(c) the seed capacity of the device does not exceed two (2) litres in volume;
and
(d) the longest dimension of the base of the device does not exceed thirty (30) centimeters in length or, where the base of the device is circular, does not exceed twenty-five (25) centimeters in diameter;
2.7 "City" means the City of St. John's as incorporated by the Act and includes the Council as defined by the Act.
2.8 "Dwelling" is a house or building, or portion of a house or building, which is occupied in whole or in part, as the home, residence, or sleeping place of 1 or more persons;
2.9 "Dwelling Unit" means a building, or part thereof, containing one or more habitable rooms, designed, used or intended to be used together for living and sleeping purposes by humans under a single tenancy and includes an apartment or condominium unit.
2.10 "Egress" or "Means of Egress" means a continuous unobstructed way of travel from any point in a building or structure to a public way and consists of three distinct parts:
(a) "Exit Access" which is that part of a means of egress within a floor area
that provides access to an exit serving the floor area;
(b) "Exit" which is that part of a means of egress that leads from the floor
area it serves to an exit discharge; and
(c) "Exit Discharge" which is that part of a means of egress between the termination of an exit and an open public way.
2.11 “Fire Alarm System” means an interconnected set of electric or electronic devices, including smoke detectors, heat detectors, pull stations, alarm bells and control panels, working together to detect and sound an alarm in the building when smoke or fire is present or upon manual activation of a pull station.
2.12 "Guard" means a protective barrier around openings in floors, or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another.
2.13 "Habitable Room" means a room designed for living, sleeping, or eating and includes such rooms as a den, library, sewing room, or enclosed sun room but does not include a room solely used as a kitchen, bathroom, pantry or corridor.
2.14 "Inspector" means any official or employee of the City or other person or persons designated by the City to enforce the provisions of this By-Law.
2.15 "Lodging House" means a building wherein lodging facilities are provided for hire by more than four persons and in which sanitary or culinary facilities are used in common by the occupants of one or more dwelling units, and without limiting the generality of the foregoing, a lodging house may include a motel, hotel, tourist home, rooming house, boarding house, and a multi-use residential building.
2.16 “Multi-Unit Dwelling” means a building with three or more dwelling units, and includes Apartment Buildings but does not include Lodging Houses.
2.17 “Natural Garden” means a defined area of vegetation that has been deliberately planted or cultivated with species of wildflowers, shrubs, perennials, ornamental grasses, or combinations of them, consistent with a managed and natural landscape.
2.18 "Non-Habitable Room" means a room other than a habitable room and includes a bathroom or shower room, kitchen (when used solely as such), a toilet room, laundry room, boiler room, furnace room, pantry, closet, corridor, foyer, stairway or lobby.
2.19 "Order" means a notice of violation or, a notice to demolish, vacate, or repair a dwelling served by an Inspector pursuant to this By-Law.
2.20 "Owner" is defined as per the City of St. John’s Act.
2.21 "Person" includes a corporation and heirs, executors, administrators or other legal representatives of a person.
2.22 "Repair" includes taking the necessary action to bring buildings and/or property up to standards.
2.23 "Residential Property" means, including but not limited to, and independent of zoning, a dwelling and the yard around it, or all accessory buildings, out buildings, fences, barriers, retaining walls or other erections therein and thereon, or vacant land within a residential zone.
2.24 “Retaining Wall” means a wall or similar structure built to hold back, confine, or sustain the pressure from a bank of earth, loose stone or fill material separating two grade levels.
2.25 “Structurally sound” means the structure, building or part thereof is capable of safely sustaining its own weight and any load to which it may be normally subjected and is capable of safely accommodating all normal structural movements without damage, decay or deterioration as per the National Building Code.
2.26 "Trailer" means a vehicle which has no motive power of its own and is designed to be attached to a truck, tractor or other motor vehicle.
2.27 “Utility” means electrical service provided by Newfoundland Power or any water, sanitary, or storm service provided by the City.
2.28 "Vacant" means dwellings which are unoccupied and which are no longer used nor intended to be used for the accustomed and ordinary purposes of a dwelling but shall not include dwellings wherein occupants are temporarily absent.
2.29 “Vehicle” includes a motor vehicle, trailer, boat, recreational vehicle, mechanical equipment, farm implement or any other vehicle drawn, propelled or driven by any kind of power including muscular power.
2.30 “Wildlife” means an animal that belongs to a species that is wild by nature, and includes songbirds, pigeons, and rodents, but does not include any animal that resides predominantly or exclusively indoors and is a companion animal.
2.31 "Yard" means the part of the lot unoccupied by the main building and includes vacant land.
APPLICATION
3. This By-Law applies to all residential property within the boundaries of the City of St. John’s.
PART II: GENERAL DUTIES AND OBLIGATIONS
Duties of Owner
4.1 The owner of a residential property shall keep, repair, and maintain the property in accordance with the standards in this By-Law.
4.2 No owner shall use, permit the use of, rent or offer to rent any residential property that does not conform to the minimum maintenance standards prescribed in this By-Law.
4.3 The owner of a residential property shall take immediate action to eliminate any unsafe or hazardous condition.
Duties of Occupant
5.1 Every occupant of a dwelling or dwelling unit shall maintain that part of the premises which they control or occupy in a clean, sanitary, and safe condition.
5.2 An occupant shall not obstruct an exit over which they have control.
PART III: PROPERTY STANDARDS AND REQUIREMENTS
Addressing
6. All dwellings and dwelling units shall have a number or letter or a combination of both numbers and letters affixed to every dwelling unit or other convenient location in a manner that can be easily seen and read.
Accumulation of Materials
7.1 All yards and any other exterior part of a residential property shall be kept clean and free from:
(a) Rubbish, garbage, recycling materials, and other debris;
(b) Disassembled, discarded or inoperative machinery, equipment, appliances or any parts of the foregoing; and
(c) domestic materials not stored in accordance with section 7.2.
7.2 Domestic materials such as firewood, building/construction materials, and garden equipment may be stored in a rear or side yard if such storage is neatly stacked and stored in an orderly manner, in the opinion of an inspector, and does not constitute a hazard.
Vehicles on Residential Property
8.1 A vehicle shall not be parked on the front yard of a residential property unless such vehicle is parked in an approved driveway or parking space.
8.2 All parts of a residential property shall be kept free from wrecked, discarded, dismantled, inoperative, or abandoned vehicles or trailers or any parts of the foregoing.
8.3 Section 8.2 shall not apply to any vehicles or trailers or parts when:
(a) the vehicles or trailers or parts are enclosed within an accessory building
or attached garage; and
(b) the vehicles or trailers or parts are owned by an occupant of the property.
Graffiti
9.1 All lands, premises and buildings, including accessory buildings, fences and signs, shall be kept free of graffiti.
9.2 Section 9.1 does not apply to any murals or projects approved by the City.
9.3 Graffiti that has been placed on a residential property in contravention of section 9.1 shall be removed, painted over, or otherwise blocked from public view and the surface shall be restored as nearly as possible to its original condition.
Hazards
10.1 All parts of a residential property shall be kept clear of objects and conditions that are or might create a health, fire, accident or other hazard.
10.2 Where an Inspector observes that an unsafe or hazardous condition exists the Inspector may refer the matter to the Supervisor of Inspection Services, who may require, at the expense of the owner, relevant assessments be conducted or certifications provided from a qualified professional in the field.
Pest control
11.1 All parts of a residential property shall at all times be kept free of rodents, vermin, and other pests, and from conditions which may attract such pests.
11.2 Where an Inspector observes that a residential property has become infested with rodents, vermin, or other pests, the Inspector may require, at the expense of the owner, an assessment be conducted by a qualified pest control company to determine the extent of the infestation and a copy of the assessment shall be provided to the Inspector.
11.3 All parts of a residential property damaged by rodents, vermin, or other pests shall be repaired.
Feeding of Wildlife
12.1 All parts of a residential property shall be kept free from feed, food, or other attractants to wildlife unless being placed in an approved bird feeder.
12.2 Section 12.1 does not apply to:
(a) the feeding of songbirds accomplished exclusively through the use of a Bird Feeder; or
(b) an animal rescue organization leaving food in a feral cat feeding enclosure for the purposes of a feral cat spay and neuter program.
12.3 Every Bird Feeder on a residential property shall:
(a) be designed for the purpose of feeding songbirds and no other animals;
(b) be designed to prevent the spillage of food on the ground;
(c) have a seed capacity that does not exceed two (2) litres in volume; and
(d) have a base dimension not exceeding thirty (30) centimetres in length, or where the base is circular, not exceed twenty-five (25) centimetres in diameter.
12.4 A residential property shall have no more than two Bird Feeders, except where the lot area of the residential property is in excess of 465 square meters, in which case one additional Bird Feeder may be erected for each additional 465 square meters.
12.5 Every Bird Feeder on a residential property shall be kept in a sanitary condition.
Garbage Disposal and Storage
13.1 All garbage, refuse, and waste shall be promptly stored in suitable receptacles and made available for removal in accordance with the Act, and any regulation or by-law made thereunder.
13.2 All bins and receptacles used or intended to be used for the purpose of storing garbage during periods between collection, which are not contained within a building, shall be:
(a) closed; and
(b) liquid tight with a tight-fitting cover and be completely lined with a minimum of 24-gauge galvanized steel or equivalent; or
(c) a City-issued garbage Cart, if the area is serviced by automated garbage collection.
13.3 All compost shall be stored and kept in a suitably maintained container that is properly vented and does not cause offensive odours or attract animals.
13.4 Where a garbage chute, facility, disposal room, or storage area is provided, it shall be maintained at all times in a clean and sanitary condition and shall be provided with adequate ventilation.
13.5 Unless otherwise authorized by the St. John’s Regional Fire Department, all exterior bulk or roll-off container garbage disposal systems shall be:
(a) of metal construction;
(b) equipped with a lid-locking device; and
(c) located a minimum of 7.6 meters from all structures.
13.6 All exterior bulk or roll-off container garbage disposal systems shall be screened so that such container is not in public view and lids shall not be left open, except when being loaded.
13.7 All exterior bulk or roll-off garbage disposal systems shall be large enough to contain all garbage and refuse generated between collections and not be loaded beyond the top of the container.
Sewage
14.1 Sanitary sewage or organic waste shall be discharged only through the building drain and building sewer into a sewage system.
14.2 Untreated or inadequately treated sanitary sewage shall not be discharged onto the surface of the ground, whether into a natural or artificial drainage system or otherwise.
Surface and Sub-Surface Drainage
15.1 All residential property shall be graded and have suitable Ground Cover to prevent recurrent ponding of water, unstable soil conditions or erosion, and so as to direct the flow of water away from the walls of all buildings.’’
15.2 Every eavestrough, roof gutter, flashing, and downspout shall be kept in good repair, free from leaks, defects, obstructions, hazards and securely fastened to the building.
15.3 Any above-ground discharge from a downpipe or pipe shall be directed to discharge and be contained on the property in a manner that does not cause damage to any adjoining property or create a hazardous condition on any stairway, walkway, street or sidewalk.
15.4 All catch basins, storm drains, ditches and swales on a residential property shall be maintained free from defects and obstructions.
Grass, weeds and landscaping
16.1 All yards shall be maintained and kept free from long grass and weeds exceeding 20cm in height.
16.2 All yards shall be kept free of heavy undergrowth and noxious weeds.
16.3 Section 16.1 does not apply to Natural Gardens.
16.4 All hedges, shrubs, trees, or other plants shall be planted and maintained in a manner that does not:
(a) Obstruct the safety of the public;
(b) Affect the safety of vehicular or pedestrian traffic; or
(c) Encroach upon any pavement, sidewalk, or travelled portion
of any street or highway.
16.5 A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or damaged shall be removed from the property or otherwise pruned to remove the dead, diseased, dying or dangerous portions of the tree or plant so as to prevent any unsafe condition or damage to any building.
Retaining walls and fences
17.1 All retaining walls, fences, screens, and enclosures around or on a residential property shall be maintained in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material.
17.2 Except with the consent of Council, the use of barbed wire is prohibited on residential property.
Steps, walkways, and driveways
18.1 All exterior steps, landings, ramps, surfaced paths, walkways, driveways, parking spaces, and similar areas of a residential property shall be maintained in good repair and free from defects and hazards so as to provide safe passage under normal use and weather conditions.
18.2 Gravel or stone from surfaced paths, walkways, driveways, parking spaces or similar areas shall not spill out or track onto any street or sidewalk.
18.3 A suitably surfaced walkway shall be provided from the principal entrance of every dwelling or dwelling unit to a sidewalk or street, or to a driveway that provides access to a public street.
Parking/storage garages
19.1 The walls, floors, ceilings and columns of every parking/storage garage shall be maintained free of holes, breaks or cracks, and impervious to water.
19.2 When walls, ceilings and columns of a parking/storage garage have been painted, the surface shall be repainted as necessary.
Garage Doors
20. If a garage door allows for vehicular ingress or egress from a parking or storage area, and is equipped with an automatic closing mechanism, the garage door shall be equipped with a sensing device that does not allow the door to close when any person, animal or object is crossing its path.
Accessory buildings
21.1 Every portion of an accessory building shall be constructed and maintained with suitable and uniform materials, kept in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material.
21.2 Patching and repairs to exterior walls shall be made with the same or visually similar material and shall blend with the existing adjacent material, or the whole shall be painted or clad to form a solid appearance with the surrounding surface.
Stairs, porches, and decks
22. All exterior stairs, verandas, porches, decks, catwalks, balconies, patios, loading docks, ramps, fire escapes, and other similar structures and all treads, risers, guards, handrails, and supporting structural members or other appurtenances attached to them shall be maintained in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material.
Guards and handrails
23.1 Every open side of a stairway or flat roof to which access may be gained through a doorway, terrace, balcony, porch, landing, ramp, or stairwell shall have a guard and handrail conforming to the requirements of the Building Code.
23.2 A handrail and guard shall be installed on all stairs comprised of more than three (3) risers conforming to the requirements of the Building Code.
23.3 All handrails and guards shall be maintained in good repair and firmly attached so as to provide protection against accident and injury.
Roofs and roof structures
24.1 Every roof of a building and all its components, including the fascia board, soffit, cornice and flashing, shall be kept in good repair, free from hazards, weather-tight, and protected by paint, preservatives or be of weather-resistant material.
24.2 All chimneys, smoke or vent stacks, aerials, satellite dishes, lightning arrestors and other similar structures and their supporting members shall be maintained in a safe condition and in good repair.
Exterior walls and foundations
25.1 Every exterior wall forming part of a residential property shall have suitable cladding or covering kept in good repair, free from hazards, and protected by paint, preservatives or be of weather-resistant material.
25.2 Patching and repairs to exterior walls shall be made with the same or visually similar material and shall blend with the existing adjacent material, or the whole shall be painted or clad to form a solid appearance with the surrounding surface.
25.3 All shutters, cornices, entablatures, belt courses, corbels, terracotta trim, wall facings and similar architectural features shall be maintained in good repair with proper anchorage and in a safe condition.
25.4 Every floor and roof slab, foundation wall, and every foundation support including columns, beams, and footings forming part of the residential property shall be maintained in good repair.
Structural soundness
26.1 Every part of a building or structure shall be maintained in good repair and in a structurally sound condition, as per the National Building Code.
26.2 Where in the opinion of the Inspector there is doubt as to the structural condition or adequacy of a building or structure or parts thereof, the Inspector may require, at the expense of the owner, that the building or structure or parts thereof be examined by a licensed professional engineer, and that a written report giving details of the findings of such examination be submitted to the Inspector.
Exterior openings, windows, and doors
27.1 Any openings in an exterior wall of a building that are not protected by a door or window shall be maintained in weathertight condition and protected by suitable materials to prevent the entry of insects and animals.
27.2 All exterior doors, windows, skylights, hatchways and parts thereof shall be maintained in good repair, weathertight and protected by suitable materials to prevent the entry of insects and animals.
27.3 All windows intended to be opened shall have suitable hardware to allow the window to be securely closed and locked or otherwise secured from the inside.
27.4 Storm sashes used in windows required for ventilating purposes shall be provided with sliding or hinged sub-sashes or with any other opening device satisfactory to the inspector.
27.5 Every exterior door to a dwelling and entrance door to a dwelling unit shall have suitable hardware in good repair so as to close securely and lock from both inside and outside.
27.6 Every bathroom and powder room shall have a door with suitable hardware in good repair so as to close securely and lock or otherwise be secured from the inside.
27.7 All doors from dwelling units that lead to common areas of a building shall be solid core or equivalent and be equipped with self-closures.
27.8 Doors between an attached garage and the remainder of the building shall be fitted with weather stripping and a self-closing device to prevent the passage of gases into the remainder of the building.
27.9 All doors and hatches to the roof that provide access for the purpose of maintenance shall be kept locked at all times when not in use.
Egress
28.1 Every dwelling and dwelling unit shall have a safe, continuous, and unobstructed passage or means of egress from the interior of the dwelling and dwelling unit to the exterior of the dwelling at street or grade level.
28.2 Any required egress shall not pass through a room in another dwelling unit, service room, attached or built-in garage, enclosed part of the dwelling unit, or through any area not under the immediate control of the occupants of the unit which that means of egress serves.
28.3 Notwithstanding Section 28.1, where in the opinion of the Inspector the existing exits are inadequate for the safety of every person in the building, there shall be two means of egress from every floor area.
28.4 All means of egress shall be maintained in good repair and free from hazards, obstructions and impediments.
28.5 Safety equipment relative to exits and means of egress, such as, but not limited to, door closures, coordinating devices, smoke seals and pressurized vestibules, latching devices, hinges, moulding and similar devices shall be maintained in good working order.
28.6 Where egress windows are provided, they shall not require keys or specialized knowledge to operate.
28.7 All window exits shall have a window well which is kept free of debris, refuse and anything else which may hinder exiting and there shall be a clear passage away from the building.
28.8 Buildings equipped with a fire escape as a secondary means of egress shall maintain the escape in good condition, be free from obstructions and easily accessed through a window or door operable from inside without requiring keys or specialized knowledge to open.
Natural and mechanical ventilation
29.1 Every habitable room and every bathroom, shower room, and toilet room in a dwelling shall be provided with a means of ventilation.
29.2 In a Multi-Unit Dwelling or Lodging House, every laundry room, garbage disposal room, boiler room and storage garage of the building shall be adequately ventilated.
29.3 All systems of mechanical ventilation shall be kept clean and maintained in good repair and working order.
29.4 Where any system of mechanical or other ventilation is provided in any room in a dwelling, it shall be:
(a) maintained in good repair and working order; and
(b) connected by a duct leading to the outside of the building.
29.5 Where range hoods are provided, the vents shall be of suitable non-combustible construction.
29.6 All rooms within a residential property with sanitary facilities shall be provided with a means of ventilation.
29.7 Where a laundry room is used by the occupants of three or more dwelling units, such room shall be provided with a system of mechanical ventilation.
29.8 Every attic, unconditioned and unoccupied crawl space and other enclosed space shall:
(a) be vented to the outside air, and
(b) have an access opening thereto measuring at least 508mm x 712mm.
29.9 Notwithstanding section 29.8(b), where mechanical equipment is enclosed in such a space, the access opening thereto shall be sufficiently large to permit the maintenance, removal and replacement of such equipment.
29.10 Notwithstanding section 29.8(b), such access shall not be required when the height to the highest point in the enclosed space does not exceed 600mm.
29.11 Every dwelling shall be so constructed and protected as to prevent the passage of noxious gases from a part of the dwelling that is not used, designed or intended to be used for human habitation into other parts of the dwelling.
Light fixtures and artificial lighting
30.1 Adequate artificial lighting, provided by at least one permanently installed light fixture shall be maintained in good working order and available at all times in all rooms including bathrooms, toilet rooms, shower rooms, kitchen, laundry rooms, furnace rooms and non-habitable work or storage room and in every stairway, hall, basement, and storage and parking garage that is controlled by a wall switch located within 1.5 meters of any entrance.
30.2 Notwithstanding 30(1), bedrooms and living rooms may be provided with a switched receptacle controlled by a wall switch located within 1.5 meters of any entrance.
30.3 All interior and exterior light fixtures and all standards supporting artificial lights, lighting and the connections to lighting shall be kept in a safe and clean condition, in good repair, and working order.
30.4 All lighting fixtures shall be protected from damage, and, if necessary to protect a lighting fixture from damage, the lighting fixture shall be protected by the provision of wired glass or other suitable means of protection, and the fixtures and protective material shall be maintained in a clean condition.
30.5 Three-way wall switches shall be located at the head and foot of each stairway having four or more risers, to control at least one lighting outlet with fixture.
30.6 All common areas of a Multi-Unit Dwelling or Lodging House shall have emergency lighting installed.
30.7 An exterior lighting outlet with fixture controlled by a wall switch located within the dwelling shall be provided at every entrance.
30.8 A permanent lighting fixture shall be provided for each 30 square metres (323 sq. ft.) or fraction thereof of floor area. The fixture nearest the stairs shall be controlled by a wall switch located at the head of the stairs.
30.9 Notwithstanding 30.8, stairway lighting for basements that do not contain finished space nor lead to an outside entrance or built-in garage and which serves not more than one dwelling unit may be controlled by a single switch located at the head of the stairs.
Smoke and carbon monoxide alarms
31.1 Every dwelling, dwelling unit, and Lodging House shall have smoke alarms located:
(a) on each storey, including basements;
(b) in each sleeping room; and
(c) in a location between the sleeping rooms and the remainder of the
building, and if the sleeping rooms are served by a hallway, the smoke alarm shall be located in the hallway.
31.2 In addition to section 31.1, smoke alarms in a Lodging House shall be located in every kitchen, service room, and laundry room.
31.3 Notwithstanding sections 31.1 and 31.2, buildings equipped with a fire alarm system are exempt.
31.4 Smoke alarms shall conform to CAN/ULC-S531.
31.5 Smoke alarms shall be installed on or near the ceiling or as required by the manufacturer.
31.6 Smoke alarms shall be always maintained in operational condition.
31.7 Smoke alarms shall be inspected, cleaned, and tested at intervals required by the manufacturer but at a minimum at intervals not greater than 12 months.
31.8 Where a fuel-burning appliance is installed in a dwelling, dwelling unit, or lodging house, a carbon monoxide alarm shall be installed:
(a) inside each sleeping room, or
(b) outside each sleeping room, within 5 m of each sleeping room door, measured following corridors and doorways.
31.9 Where a fuel-burning appliance is installed in a service room, a carbon monoxide alarm shall be installed:
(a) either inside each sleeping room, or if outside, within 5 m of each sleeping
room, measured following corridors and doorways;
(b) in every room that shares a wall or floor/ceiling assembly with the service room; and
(c) in the service room.
31.10 Where a solid fuel-burning appliance is installed in a dwelling, dwelling unit, or lodging house, a carbon monoxide alarm shall be installed:
(a) inside each sleeping room, or
(b) outside each sleeping room, within 5 m of each sleeping room door, measured following corridors and doorways and,
(c) located in the same room as the appliance.
31.11 Every dwelling, dwelling unit, and lodging house that shares a wall or floor/ceiling assembly with a storage or parking garage or that is adjacent to an attic or crawl space to which the storage or parking garage is adjacent, shall have a carbon monoxide alarm installed:
(a) inside each sleeping room, or
(b) outside each sleeping room, within 5 m of each sleeping room door, measured following corridors and doorways.
31.12 Carbon monoxide alarms shall be maintained in operational condition at all times and shall conform to CAN/CSA 6.19
Fire separations
32.1 All fire separations required by the National Building Code shall be installed and maintained so as to prevent the spread of fire from one compartment to the next.
32.2 All dwelling units shall be effectively separated from one another so as to retard the spread of fire.
32.3 Every fuel-fired appliance used as a central heating source for more than one dwelling unit or rooming unit shall be located in a room separated from the remainder of the building by a fire separation.
Interior walls and ceilings
33. Interior walls, partitions, and ceilings of a residential dwelling unit shall be maintained in a clean, mold-free condition, free from holes, cracks, and damaged and deteriorated surface material, and each repair shall be finished with suitable materials that reasonably match the existing walls or ceilings.
Thermal Insulation
34. Thermal insulation shall be required when heat loss or heat gain or air infiltration is sustained to the extent that excessive room temperature variations are caused, thereby preventing the heating system from maintaining normal room temperature as required by section 36.1, under normal operating input.
Floors
35.1 All floors in a dwelling shall be maintained so as to be free from
(a) loose, excessively warped, protruding, broken or rotted boards or components;
(b) holes or cracks;
(c) defective or rotted structural members; and
(d) other hazardous conditions.
35.2 All floors in a dwelling shall be finished with a suitable material.
35.3 Floors in bathrooms, shower rooms, toilet rooms, kitchens, laundry rooms and entrance hall, foyers or vestibules shall be maintained reasonably impervious to water and in such condition as to permit such floor to be easily kept in a clean and sanitary condition.
35.4 Without restricting the generality of section 35.3, the maintenance includes installing, repairing, refinishing and replacing a floor or floor covering to provide the required condition.
Heating and cooling systems
36.1 Every dwelling shall be provided with a heating system maintained in good repair and working condition capable of maintaining a room temperature of not less than 20 degrees Celsius (68 degrees Fahrenheit) in all parts of all habitable rooms, kitchens, bathrooms and toilet rooms in the dwelling at all times.
36.2 Auxiliary heaters shall not be used as a primary source of heat.
36.3 Heating equipment shall be located in such a manner as to prevent impediment to the free movement of persons and the overheating of adjacent walls and equipment.
36.4 Every fireplace, fuel burning appliance, heating equipment, chimney, smoke pipe, flue, vent and similar construction shall be maintained in good repair so as to be free from defects, and prevent the unsafe heating of adjacent combustible materials and structural members and the leakage of gases and smoke into the dwelling.
36.5 All flues shall be kept clear of obstruction, all open joints shall be sealed and all broken and loose masonry repaired.
36.6 Every fuel-fired appliance intended for use as a heating source shall meet the requirements of the applicable CSA Standard.
36.7 All chimneys, fuel burning appliances, fireplaces and heating equipment used, capable of being used or intended to be used in a dwelling shall be inspected annually by qualified service personnel and a copy of the report of such service personnel shall be provided to the Inspector upon request.
36.8 If in the opinion of the Inspector there is doubt as to the safety of the heating system or parts thereof the Inspector may, at the expense of the owner, direct that tests of materials, equipment, devices, construction methods be made or sufficient evidence or proof be submitted where such evidence or proof is necessary to determine whether the material, equipment, device or construction meets the prescribed requirements.
36.9 All connections between liquid or gaseous fuel burning equipment in a dwelling and the source of liquid or gaseous fuel shall be maintained in good repair and shall, located or protected so as to avoid damage, and meet the requirements of all applicable standards.
36.10 A furnace or combustion heater that serves two or more dwelling units shall be located so as to comply with the National Building Code.
36.11 Fuel-burning equipment shall be vented to the outside air by means of rigid connections leading to a chimney, flue, smoke pipe, vent pipe or a similar duct in compliance with the Code.
36.12 When a furnace or fuel storage receptacle is required to be enclosed, storage of any kind in that enclosure is prohibited.
36.13 Where a heating system or part of it or any auxiliary heating system burns solid or liquid fuel, a place or receptacle for the storage of fuel shall be:
(a) in a suitable container or tank maintained in good condition,
(b) located in a convenient location, and
(c) properly constructed so as to be free from hazards.
36.14 No combustible storage of any kind is permitted within three metres of a furnace or fuel storage receptacle.
36.15 A furnace or combustion heater located in a means of egress or adjacent to a means of egress serving a sleeping area, shall be separated from the means of egress by a partition having at least one hour fire resistance rating. Any doors in the partition shall have a fire resistance rating of at least 20 minutes.
36.16 Heat pumps and air conditioners shall be maintained in good repair.
36.17 Heat pumps and air conditioners which are permitted to be installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk.
Utilities
37.1 No owner or anyone acting on the owner’s behalf shall disconnect or cause to be disconnected any service or utility serving any property occupied by a tenant or lessee, except for such reasonable period of time as may be required for the purpose of repairing, replacing or altering the service or utility, and then only during the reasonable minimum time that the action is necessary.
37.2 Section 37.1 does not apply to where Council, the Inspector, or the utility supplier has ordered the disconnection of the utility, or where a person liable for utility rates has failed to make payment, resulting in the disconnection of the utility by the supplier.
37.3 Any person disconnecting or causing to be disconnected any service or utility pursuant to section 37.1 for the purposes of repairs or maintenance shall provide notice of the disconnection and its estimated duration to all affected tenants no less than 24 hours prior.
Occupancy, Use, Room Height and Space Requirements
38.1 No person shall use or permit the use of a non-habitable room in a dwelling as a habitable room.
38.2 No person shall occupy or permit the occupancy of a dwelling, a dwelling unit or a room in a dwelling in contravention of the provisions of this section.
38.3 Where a room is less than 2 metres in width or has a floor area of less than 6 square metres exclusive of closet space, no person shall use or permit the use of the room for sleeping purposes.
38.4 Where a room in a dwelling is used for sleeping purposes by two or more persons simultaneously, the total number of persons using the room for sleeping purposes shall not exceed the floor area of their room in square metres divided by 4.6.
38.5 Where a room or part of a room in a dwelling does not exceed 1.5 metres in height, the floor area under a ceiling that is not more than 1.5 metres above the floor shall not be counted in computing the floor area of the room for the purposes of section 38.3 and
Basement Occupancy
39.1 Where the floor of any space in a dwelling is below the finished grade of the adjoining yard, no person shall use or permit the use of that space or any part thereof as one or more habitable rooms except where in addition to the other standards prescribed in this by-law, the following requirements are met:
(a) the floors and walls are constructed so as to be impervious to water leakage and are treated against dampness by the provision of an adequate vapour barrier, and
(b) the floors are damp proof and are covered with a permanent floor covering material other than paint, that prevents condensation.
Kitchens and general storage
40.1 Every kitchen or room in which meals are prepared shall have a sink that:
(a) is set into a countertop made of material impervious to water;
(b) is served with hot and cold running water;
(c) is connected to the drainage system for the dwelling; and
(d) is in good repair and working order.
40.2 Combustible wall framing finishes or cabinets within .45 m (1 ft. 6 in.) of the area where the range is to be located shall be protected above the level of the heating elements by material providing fire resistance not less than that of a .95 cm (3/8 in.) thickness of gypsum board.
40.3 All kitchen cupboards, drawers, counter tops, fixtures, appliances and their component parts, shall be maintained in good repair and working order.
40.4 Every kitchen or room in which meals are prepared shall be equipped with adequate storage facilities and counter top area.
Elevating Devices
41. Elevators and other elevating devices, including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans, and emergency communication systems shall be kept in good repair, operational, and hold a current Provincial inspection certificate.
Electrical
42.1 Every dwelling shall be connected to an electrical supply system and shall be wired for electricity.
42.2 Notwithstanding section 37.1, an adequate supply of electric power shall be available at all times in all parts of every occupied dwelling.
42.3 Every dwelling unit shall have a panel board containing overcurrent devices.
42.4 Notwithstanding section 42.3, special permission may be given by Inspection Services to accept a panel board which is located outside of the dwelling unit which it serves, if:
(a) the occupant has access to the area where the panel board is located;
(b) the installation had previously been inspected and accepted by the Inspector; or
(c) it meets the requirements of the Canadian Electrical Code.
42.5 The capacity of the consumer service to the dwelling and the system of circuits distributing the electrical supply within the dwelling, shall be adequate for the use and intended use in the dwelling and shall be in compliance with all other applicable regulations.
42.6 In every dwelling unit, the circuit including the overcurrent devices and wiring shall be suitable for their use or intended use.
42.7 In every dwelling the electrical service supply shall be effectively grounded and the non-current carrying parts of the service equipment shall be bonded to ground.
42.8 Every habitable room in a dwelling shall have a sufficient number of electrical duplex receptacles in good working order to supply the demands, but in no case shall the number be less than:
(a) two, for the first 11.15 square metres (120 sq. ft.) or less of floor area; and
(b) one, for each additional 9.3 square metres (100 sq. ft.) or less of floor area.
42.9 A kitchen in a dwelling unit shall have a sufficient number of duplex receptacles to supply the demand but in no case less than:
(a) one split duplex receptacle on a separate 3-wire branch circuit in good working order and located along the wall behind counter work surface;
(b) two duplex receptacles each on a separate branch circuit in good working order and located along the wall behind counter work surface; or
(c) where the counter space is required to have only one receptacle it shall be one duplex receptacle on a separate branch circuit in good working order and located along the wall behind the counter work surface.
42.10 At least one duplex receptacle shall be provided in each laundry room or area, each utility room or area, or combined laundry/utility room. When grouped laundry facilities are provided, sufficient outlets shall be provided to adequately serve the equipment to be installed by the building owner or tenants.
42.11 At least one branch circuit shall be provided solely for receptacles installed in the laundry room or area and the utility room or area.
42.12 Every fuel fired furnace serving a dwelling unit shall be provided with a suitable device for disconnecting the furnace, which:
(a) shall be located so as to be readily accessible;
(b) shall be located between the furnace and the point of entry to the area where the furnace is located;
(c) shall not be located on the furnace nor in a location which can be reached only by passing close to the furnace; and
(d) shall be marked to indicate the equipment it controls.
42.13 Wiring devices shall be contained in suitable boxes.
42.14 Flexible cord and cord sets including extension cords shall not be used on a permanent or semi-permanent basis, as a substitute for the fixed wiring and shall not be:
(a) permanently secured to any structural member;
(b) run through holes in walls, ceilings, or floors; or
(c) run through doorways, windows, or similar openings;
42.15 All electrical equipment including wiring, circuits, fuses, circuit breakers, and electrical equipment in a dwelling shall be maintained at all times:
(a) in accordance with any applicable regulations;
(b) in good repair and working order; and
(c) free from fire and accident hazards.
42.16 In dwelling units that require emergency power circuits and equipment, in compliance with City By-Laws, the installations shall be made and maintained in accordance with applicable Codes.
42.17 Notwithstanding any of the provisions of this section all electrical work and electrical installations in dwellings or portions thereof hereafter constructed or renovated shall be made or done in accordance with the current adopted edition of the Canadian Electrical Code.
42.18 Where the service characteristics of a dwelling unit are changed the dwelling unit shall comply with sections 30, 31, and 36 of this bylaw and the following requirements:
(a) Receptacles having 5-15R or 5-20R installed within 1.5 m of sink, bathtubs, or shower stalls shall be protected by a Class A type ground fault circuit interrupter, except where the receptacle is:
(i) intended for a stationary appliance designated for the location; and
(ii) located behind the stationary appliance such that it is inaccessible for use with general purpose portable appliances; or
(iii) supplies existing receptacle in section 42.8
(b) Receptacles having 5-15R or 5-20R installed outdoors shall be protected by a Class A type ground fault circuit interrupter, except were located more than 2.5m above finished grade.
Plumbing
43.1 All plumbing, plumbing equipment and fixtures in a dwelling shall be maintained in accordance with all Regulations and in good operating condition and repair and shall be kept free from leaks and other defects.
43.2 Every dwelling and every dwelling unit shall be provided with:
(a) at least one toilet that is connected to the drainage system and cold water supply system serving the dwelling;
(b) at least one sink, located in every room that contains a toilet or urinal, which sinks shall be provided with hot and cold running water and shall be connected to the drainage system serving the dwelling; and
(c) at least one bathtub or shower or combination thereof, provided with hot and cold running water and connected to the drainage system serving the dwelling.
43.3 Toilets, urinals and bathtubs or showers shall be located in rooms within the dwelling unit which they serve. Such rooms shall have acceptable doors, fitted with lockable hardware.
43.4 In Lodging Houses, separate facilities as required in section 43.1 shall be available for every ten (10) persons occupying the dwelling. The facilities shall be located on the same floor or the next floor immediately above or below the floor where the lodgers are located.
43.5 Where a dwelling is not connected to the water and sewer system of the City, the toilet and bathroom facilities mentioned in this section shall be properly connected to a water and sewer system or septic tank and absorption bed approved by the Department of Health for the Province of Newfoundland and the City Plumbing Inspector and be in good condition and all other subsections of this section shall apply thereto.
43.6 Where plumbing penetrates required fire separations it shall meet non-combustibility requirements set forth in the National Building Code.
Codes
44.1 The National Building Code of Canada, 2020, any Supplements to the National Building Code of Canada, 2020 and the Administrative Requirements for use with The National Building Code of Canada, 2020, are hereby declared to be, and shall be taken as part and parcel of this By-Law from the date of passing of this By-Law as if same were repeated herein in full. Provided that if any section or part thereof of the said Code and Supplements shall conflict with any other section of this By-Law, then the provisions of the said Code and Supplements shall prevail.
44.2 The National Fire Code of Canada, 2020, is hereby declared to be, and shall be taken as part and parcel of this By-Law from the date of passing of this By-Law as if same were repeated herein in full. Provided that if any section or part thereof of the said Code shall conflict with any other section of this By-Law, then the provisions of the Code shall prevail.
44.3 The Canadian Electrical Code, 2024, is hereby declared to be, and shall be taken as part and parcel of this By-Law from the date of passing of this By-Law as if same were repeated herein in full. Provided that if any section or part thereof of the said Code shall conflict with any other section of this By-Law, then the provisions of the Code shall prevail.
44.4 The National Plumbing Code of Canada, 2020, is hereby declared to be, and shall be taken as part and parcel of this By-Law from the date of passing of this By-Law as if same were repeated herein in full. Provided that if any section or part thereof of the said Code shall conflict with any other section of this By-Law, then the provisions of the Code shall prevail.
44.5 Sections 44.1, 44.2, 44.3 and 44.4 shall apply to buildings erected prior to the date of passing of these regulations only in so far as they are intended to apply to existing buildings.
44.6 The Life Safety Code, 2024, being Document 101 prepared by the National Fire Protection Association of the United States of America is hereby declared to be and shall be taken as part and parcel of this By-Law as if the same were repeated herein in full. Provided that if any section or part thereof of the said Code shall conflict with any other section of this By-Law, then the provisions of the Code shall prevail.
44.7 Notwithstanding the preceding subsections of section 44, day care occupancies will be treated as Class A occupancies.
44.8 Where the requirements of the Life Safety Code, 2024 conflict with the requirements of the National Building Code of Canada, 2024 then the National Building Code of Canada, 2024 shall prevail.
PART IV: VACANT RESIDENTIAL PROPERTY
45.1 The owner of a vacant building shall secure the building to prevent unauthorized entry.
45.2 If security measures for a building do not prevent unauthorized entry, an Inspector may, in addition to any penalties prescribed by legislation, secure a building in a manner acceptable to the Inspector.
45.3 All materials used for boarding up vacant buildings shall be covered and maintained with a preservative which is colour coordinated to the exterior of the building.
45.4 Where a building remains vacant for a period of more than 90 days, the owner shall ensure that all utilities serving the dwelling are properly disconnected or otherwise secured to prevent damage to the property or adjoining properties.
45.5 Subsection 45.4 shall not apply where such utilities are required for the safety or security of the property or adjoining properties.
PART V: ENFORCEMENT AND PENALTY
Inspection
46.1 An Inspector may, at reasonable times and upon producing proper identification, enter and inspect, either by themselves or accompanied by one assistant, a residential property to which this By-Law applies for the purpose of making any inspection that is necessary for the administration or enforcement of this By-Law.
46.2 Where entry is refused, an entry application may be made to a Judge of the Provincial Court for an entry order pursuant to section 395 and 396 of the City of St. John’s Act, RSNL 1990, c C-17, as amended.
Deficiency Notice
47.1 Where an Inspector observes that a residential property falls below the standards herein prescribed, the Inspector may require that the property be repaired and maintained to comply with the standards, or that the land be cleared and left in graded condition.
47.2 An Inspector requiring repairs be made or clearing to be done shall serve on the owner, occupant, and all persons known to have an interest in the property, a Notice that:
(a) States that the residential property does not comply with the standards prescribed and that repairs are required to be made;
(b) Gives reasonable particulars of the repairs required to be made or that the land shall be cleared and left in a graded and levelled condition; and
(c) States the period of time within which the repairs are to be made or the clearing is to be done, which period of time will be the period of time that the Inspector deems appropriate.
47.3 The Notice shall be served by registered mail or personal service.
47.4 If the repair or clearance described in the Notice is not done to the satisfaction of the Inspector within the period of time specified, the Inspector may have the repair or clearance carried out and the cost of the work done may be levied against the property as a debt due to the City or charged against the land concerned as taxes owing in respect of that land and may sue for and recover the cost of the repair or clearance.
47.5 A person served with a Notice may within 10 days of personal service of the Notice, or where mailed, within 14 days of the date appearing on the Notice, appeal to the Local Board of Appeal pursuant to section 393 of the City of St. John’s Act, RSNL 1990, c C-17, as amended.
47.6 The carrying out of work to come into compliance with this By-Law does not preclude the Inspector from proceeding with charges under this By-Law.
General Penalty
48.1 A person who violates a provision of this By-Law, or permits anything to be done in violation of this By-Law shall be guilty of an offence and liable upon summary conviction to:
(a) a fine of $100.00 where the person is issued a ticket; or
(b) a penalty as provided for in Section 403 of the City of St. John’s Act, RSNL 1990, c C-17, as amended, where an information is laid.
48.2 Each day that a contravention of a provision of this By-Law occurs or continues shall constitute a separate offence.
Conflict
49.1 Nothing in this Bylaw relieves a Person from complying with any Federal or Provincial law or regulation, other City bylaw or any requirements of any lawful permit, order or license.
49.2 If there is a conflict between a provision in this By-Law and a provision of any other City by-law, the provision that establishes the highest standard to protect the health, safety and welfare of the public prevails.
49.3 Where a Federal or Provincial statute conflicts with this Bylaw, the Federal or Provincial statute shall apply.
Repeal
50. The St. John’s Residential Property Standards By-Law enacted in 1990 is hereby repealed.
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