Pursuant to the powers vested in it under and by virtue of Section 403C of the City of St. John's Act and all other powers it enabling, the St. John's Municipal Council in regular session on Wednesday the 25th day of May, 1977 hereby enacts the following By-Law relating to standards for the maintenance and occupancy of commercial property within the City of St. John's and prohibiting the use of such commercial property that does not conform to the prescribed standards.
BY-LAW
1. This By-Law may be cited as "The Commercial Maintenance By-Law of the City of St. John's".
2. For the purpose of this By-Law unless the context otherwise requires:
(a) "Accessory Building" means a detached subordinate building on the same lot as the main building.
(b) "Act" means the City of St. John's Act, Chapter 40, R.S.N., 1970, and amendments thereto.
(c) "Balustrade" means a row of balusters or spindles surmounted by a railing.
(d) "City" shall mean the City of St. John's.
(e) "Council" shall mean the St. John's Municipal Council.
(f) "Commercial property" shall mean any property or building that is used or designed for use for business, commercial, industrial or institutional purposes.
(g) "Inspector" means the City Engineer or some other employee of Council designated by Council to enforce the provisions of this By-Law.
(h) "Land" means the land around and appurtenant to the whole or any part of a commercial property.
(i) "Multiple Use Building" means a building containing both a dwelling unit and non-residential property.
(j) "Order" means a notice of violation and order to clean, demolish or repair a building or commercial property.
(k) "Owner" shall -
(i) include for all purposes an agent receiving or entitled to receive the rentals of or having the care or management of any such property belonging to an owner absent from Newfoundland: Provided that such agent shall incur no personal liability for any breach by his principal of any of the provisions of this act in relation to such property unless, after being required by the Council in writing to make good such breach, he parts with monies of his principle then in or from time to time coming into his hands without retaining thereout an amount sufficient to enable him to make good such breach including penalties thereof, if any;
(ii) means in the case of property held under a building lease, the lessee or his assignee, including in the term "assignee" a subtenant for the whole or substantially the whole term thereof, not being a mortgagee;
(iii) does not include a mortgage merely because his mortgage vests the legal estate in him, but does include a mortgagee in possession;
(iv) includes a tenant without a written lease.
(l) "Standards" mean the standards set out in Parts l and 2 of this By-Law.
(m) "Toilet Room" means a room containing a water closet and a wash basin.
3. LANDS
(a) The lands shall be kept clean and free from rubbish or other debris and from objects or conditions that might create a health, fire or accident hazard.
(i) Where the Land of a Commercial Property is used for the storage of goods, materials or equipment such goods, materials or equipment shall be secured, contained and/or immobilized in a manner acceptable to the Inspector.
(Amended 2014/10/06 #1573)
(b) Heavy undergrowth and noxious plants, such as ragweed, poison ivy, poison oak and poison sumac shall be eliminated from the lands.
(c) No vehicle or trailer, or boat, or mechanical equipment which is in a wrecked, discarded or dismantled condition shall be parked, stored or left on the lands. Where a business requires outdoor storage for any purpose, the area shall be defined and enclosed with a screened fence. (Amended 1998/06/29; #1409)
(d) Where, in the opinion of the Inspector, screening is required, an outdoor salvage yard shall be obscured by screening from surrounding properties. Such screening shall be of uniform construction and shall be 2.4 m (8') in height except where, in the opinion of the Inspector, it may be lower in height. Where, in the opinion of the Inspector, screening is not required the Inspector may require a fence to be erected around an outdoor salvage yard so as to restrict access to the outdoor salvage yard.
(Amended 2002/04/29; #1452)
(e) All areas used for vehicular and pedestrian traffic and parking shall be paved with bituminous, concrete or equivalent surfacing and shall be free from dirt and other litter and kept in good repair and shall also conform with the provisions of all other applicable laws and regulations of Council.
(Amended 1986/06/18; #989)
(f) All lands not used for vehicular or pedestrian traffic shall be landscaped and provided with an acceptable ground cover to prevent erosion. Landscaping shall be designed to drain storm and surface water in a manner acceptable to the inspector. Landscaping shall be maintained in a manner acceptable to the inspector provided however that landscaping for new construction commenced after September 20, 2004 shall be maintained in accordance with the landscape plan and/or development agreement approved with respect to the lands.
(Amended 2004/08/23; #1474)
(g) The lawns, hedges and bushes on the lands shall be kept trimmed.
(h) The inspector shall have power to enter upon any land or premises where he knows or suspects any matter or thing is placed or kept in violation of this section, and order the removal, disposal or abatement by the owner or tenant of any such land or premises or both of them of any such dilapidated or unsightly machine, vehicle, matter or thing or any such litter or refuse within such period as the inspector may determine, and if such order is not complied with, the person on whom such order is served shall be liable to all the penalties provided by this By-Law for such non-compliance, and in addition the inspector shall have power himself, his contractors, servants or agents to remove any such unsanitary matter or any such machine, vehicle, matter or thing or any litter or refuse, the cost of which may be recovered in any court by the City from the owner of such land or premises.
(i) All lands, premises and buildings, including accessory buildings,
fences and signs, shall be kept free of graffiti.
(Amended 2007/08/20; #1505)
VACANT BUILDINGS
3.1
(a) The owner of a vacant building shall secure the building to prevent unauthorized entry.
(b) 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.
(c) 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.
(d) 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.
(e) subsection (d) shall not apply where such utilities are required for the safety or security of the property or adjoining properties.
(Amended 2024/07/09; #1667)
4. SEWERAGE AND DRAINAGE
(a) Sewerage or organic waste of commercial properties shall be discharged into a sewerage system in accordance with all applicable laws and regulation's of Council.
(b) Rain water from any roof of a commercial property shall be conveyed to a storm sewer. If such a storm sewer is not available to the land, the rain water shall be disposed of in such a manner as not to create a nuisance.
(c) Storm water shall be drained from the lands so as to prevent recurrent ponding or the entrance of water into a basement or cellar.
5. SAFE PASSAGE
(a) Steps, walks, driveways, parking spaces and similar areas of the land shall be maintained so as to afford safe passage, in the opinion of the inspector, under normal use and weather conditions.
(b) Elevators and escalators and conveyor belts shall be maintained so as to afford safe passage in the opinion of the inspector.
6. ACCESSORY BUILDINGS
(a) An accessory building shall be kept in good repair and free from health, fire and accident hazards.
(b) Where an accessory building or the land may harbour noxious insects or rodents, all necessary steps shall be taken to eliminate the insects or rodents and to prevent their reappearance.
(c) Where a mobile structure has been modified to create an accessory building the resultant accessory building shall comply with the National Building Code of Canada and its architectural style shall conform with that of the primary structure to which it is subordinate. (Amended 2006/06/27; #1497)
7. FENCES AND LITTER
(a) Drive-in eating establishments shall keep their land and premises clean and free of litter, garbage, cartons, wrappers, paper, rubbish and other debris and shall provide on the premises such number of suitable garbage containers as the inspector may require.
(b) All fences around or on non-residential property shall be kept in good repair, free from accident hazards and protected by paint, preservative or other weather resistant material.
8. SIGNS
All signs and billboards on the lands or commercial properties shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair.
9. GARBAGE DISPOSAL
(a) Each commercial property shall be provided with sufficient receptacles to contain all garbage, rubbish, ashes and trade waste. Where such receptacles are located outdoors the receptacles shall be surrounded by an enclosure or vegetation that effectively screens such receptacles from view.
(Amended 1995/03/21; #1347 & 1995/11/14; #1360)
(b) The design, construction and location of garbage receptacles and screening referred to in section 9(a) shall be approved by the Inspector and shall be maintained at all times in a clean and sanitary condition. (Amended 1983/05/25; #859; & 1995/11/14 #1360)
(c) Plastic bags shall not be stored outdoors unless protected from damage.
(d) Every commercial property shall have rodent proof storage space for garbage and other wastes. (Amended 1995/03/21; #1347)
(e) The lands of every commercial property shall be kept free of refuse and litter.
(f) Where garbage receptacles are located outdoors, the receptacles shall have a tight-fitting cover and the cover shall be closed except when the receptacle is being filled or emptied.
(Amended 2023/04/17; #1659)
10. PEST PREVENTION
(a) Every commercial property shall be kept free of rodents, vermin and insects at all times.
(b) A basement or cellar window in a commercial property used or required for ventilation and any other opening in a basement or cellar, including a floor drain, that might permit the entry of rodents, shall be screened with wire mesh, metal grill or other durable material as will effectively exclude rodents.
11. BASEMENT FLOORS
(a) Basement, cellar or crawl spaces in a commercial property which are not served by a stairway leading from the building or from outside the building may have dirt floor provided it is covered with a moisture proof covering.
(b) Basements or cellars in a commercial property which are served by a stairway leading from the building or from outside the building shall have a concrete floor, and where required, with a floor drain located at the lowest point of the said floor and connected to an approved sewerage system.
(c) A concrete floor in a basement or cellar in a commercial property shall be free from major cracks, breaks or such as not to create a hazardous condition.
12. FOUNDATIONS
(a) The foundation, walls and basement, cellar or crawl space floor in a commercial property shall be maintained in good repair and structurally sound and where necessary shall be so maintained by shoring of the walls, installing subsoil drains at the footing, grouting masonry cracks, parging and waterproofing the walls or floor.
(b) Every commercial property unless of the slab-on-grade type shall be supported by, foundation walls or piers which extend below the frost line or to solid rock and all footings, foundation walls, piers, slab-on-grade shall be of masonry or other suitable material.
(c) Subsection (b) does not apply to accessory buildings and non-habitable buildings.
13. STRUCTURALLY SOUND
(a) Every part of a commercial property shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any load to which it may be subject.
(b) Materials of a commercial property which have been damaged or show evidence of dry rot or other deterioration shall be repaired or replaced.
(c) Exterior walls, roofs and other parts of a commercial property shall be free from loose and unsecured objects and any materials, and improperly secured objects and material shall be removed, repaired or securely replaced.
(d) All exterior exposed surfaces of a commercial property not inherently resistant to deterioration shall be treated with a protective coating of paint or otherwise repaired, coated, sealed or treated, to protect them from deterioration or weathering.
14. EXTERIOR WALLS
(a) The exterior walls of all commercial properties and their components shall be maintained so as to prevent their deterioration due to weather and insects, and shall be so maintained by the painting, restoring, or repairing of the walls, coping or flashing, by the waterproofing of joints and of the walls themselves.
(b) All canopies, marquees, signs, awnings, stairways, fire escapes, stand pipes, exhaust ducts and similar overhang extensions of commercial properties shall be maintained in good repair, be properly anchored and shall be protected from the elements and against decay and rust by the periodic application of a weather coating material such as paint or other protective treatment.
(c) All cornices, entablatures, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features of commercial properties shall be maintained in good repair with proper anchorage and in a safe condition.
(d) All air conditioners of or in commercial properties which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk.
(e) All air conditioners of or in commercial properties, shall be maintained in a safe mechanical and electrical condition.
(f) Where mechanical ventilation is used in or for a commercial property, the ventilating duct which is on the exterior wall shall not be located closer than six feet from a window located in an adjoining building.
l5. ROOF
A roof, including the facia board, soffit and cornice of commercial properties shall be maintained in a watertight condition so as to prevent leakage of water into the building.
16. DAMPNESS
The interior floors, ceilings and walls of commercial properties shall be kept free from dampness.
17. DOORS AND WINDOWS
(a) All exterior openings in commercial properties shall be fitted with doors or windows.
(b) Windows, exterior doors and basement or cellar hatchways of commercial properties shall be maintained in good repair so as to prevent the entrance of wind or rain into the dwelling.
(c) Rotted or damaged doors, door frames, window frames, sashes and casings, weather stripping, broken glass and defective door and window hardware of commercial properties shall be repaired or replaced.
18. STAIRS
An inside or outside stair and any porch appurtenant to it shall be maintained in every commercial property so as to be free of holes, cracks and other defects which may constitute possible accident hazards and all treads or risers that show excessive wear or are broken, warped or loose, and all supporting structural members that are rotted or deteriorated shall be repaired or replaced.
19. RAILINGS AND HANDRAILS
Where, in the opinion of the Inspector, a safety hazard, or nuisance, exists every balcony, porch, landing, mezzanine, gallery, stairwell and stairway shall have guards and handrails. (Amended 2004/05/17; #1470)
20. WALLS AND CEILINGS
(a) Every wall and ceiling of commercial properties shall be maintained so as to be free of holes, cracks, loose coverings or other defects which would permit flame or excessive heat to enter the concealed space.
(b) Where occupancies in a commercial property are separated vertically, the dividing walls shall be continued in the basement from the top of the footings to the underside of the finished floor surface, and in the attic from the top of the finished ceiling surface to the underside of the finished roof surface and such walls shall consist on each side of two half inch layers of gypsum wallboard or material of equivalent fire resistance rating and all cracks or openings shall be tightly sealed with caulking of mineral wool or similar non-combustible material.
21. FLOORS
(a) Every floor in every commercial property shall be smooth and level and be maintained so as to be free of all loose, warped, protruding, broken or rotted boards that might cause an accident or allow dirt to accumulate, and all defective floor boards shall be repaired.
(b) In every commercial property where floor boards have been covered with linoleum or some other covering that has become worn or torn so that it retains dirt or might cause an accident, the linoleum or other covering shall be repaired, replaced or removed.
(c) Every bathroom, toilet room or shower room in every commercial property shall have a floor of water repellent construction with a base moulding at least two inches in height, except at the door opening.
22. CLEANLINESS
(a) Every floor, wall, ceiling, fixture, appliance and equipment in every commercial property shall be maintained in a clean and sanitary condition as is appropriate to the use which is being made of the building.
23. EGRESS
Exits from commercial properties shall be in accordance with the Building Regulations of the City of St. John's.
24. HEATING SYSTEM
(a) In any commercial property where persons are employed in duties and operations in an enclosed space or room within a building and not engaged in active physical activity the heating equipment shall be capable of providing sufficient heat in such spaces or rooms to maintain a temperature of not less than 70 degrees during normal working hours.
(b) In any commercial property, the heating system required by subsection (a) shall be maintained in good working condition so as to be capable of heating the building safely to the required standard, and auxiliary heaters shall not be used as a primary source of heat. If the heating system or parts thereof are not certified or have a certification that is out of date, the Inspector may, at the expense of the owner, direct that tests of materials, equipment, and/or devices be made and certification of such tests be provided to the Inspector.”
(Amended 2024/07/09/; #1667)
(c) In any commercial property no room heater shall be placed so as to cause a fire hazard to walls and any other equipment, nor to impede the free movement of persons within the room where the heater is located.
(d) In any commercial property 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 the fuel shall be provided and maintained in a convenient location and properly constructed so as to be free from fire or accident hazards.
(e) In any commercial property equipment burning fuels shall be properly vented by a connecting duct or flue pipe leading to a chimney or a vent flue approved by the Chief of the St. John's Fire Department or his duly authorized agent.
(f) In any commercial property all flues shall be kept clear of obstruction, all open joints shall be sealed and broken loose masonry shall be repaired and the vents shall be maintained to prevent gases from leaking into the building. Every chimney, smoke pipe and flue shall be maintained so as to prevent gases from leaking into the building.
(g) In any commercial property every chimney, smoke pipe and flue shall be maintained so as to prevent gases from leaking into the property.
(h) In any commercial property a fuel burning central heating system in a multiple use building shall be located in a separate room having walls, ceiling and doors with a fire resistance rating of not less than one hour.
(i) Subsection (h) does not apply where there is a fire separation between the dwelling unit and the non-residential property having a fire resistant rating of one hour or where the dwelling unit and non-residential property are occupied by the same tenant.
(j) The enclosure referred to in subsection (h) shall be vented to provide sufficient combustion air for the heating equipment directly from the outside air.
24.1 PARKLETS
(a) For the purposes of this section, “Parklet” means a deck, patio, or other delineated area, including a ramp, situate on a sidewalk or street, and used for the sale of goods and/or services.
(b) (i) A Parklet shall be located a minimum of 2 metres from the façade, or any part thereof, of the building with which it is associated.
(ii) Nothing shall be placed in the 2 metre wide space referenced in subsection (b)(i) so as to obstruct the passage of pedestrians, except with the approval of the Inspector.
(c) (i) The length of a Parklet shall not extend beyond the length of the building with which it is associated.
(ii) Notwithstanding the foregoing, a Parklet may be extended beyond the length of the building with which it is associated with the consent of the adjacent property owner.
(d) Notwithstanding subsection (c), a Parklet shall not be located:
(i) within 10 metres on the vehicle approach side, or 2 metres on the non-approach side, of a crosswalk;
(ii) within 20 metres of an intersection;
(iii) in an accessible parking space;
(iv) in a “loading zone”;
unless approved by the Inspector.
(e) (i) A Parklet shall be at the same grade as the sidewalk by which it is accessed or have a ramp acceptable to the Inspector.
(1) have a 1:16 slope; provided however that the Inspector may approve a greater slope, not to exceed 1:12, where, in the sole opinion of the Inspector, the 1:16 slope cannot be met;
(2) be a minimum of 1.2 metres wide unless otherwise approved by the Inspector;
(3) have colour contrasting and tactile indication at any slope change;
(4) have a slip resistant surface; and
(5) have 0.8 to 0.9 metre high graspable handrails.
(f) (i) A Parklet shall be located not more than 2.4 metres from the curbside, unless otherwise required by the Inspector.
(g) High visibility markers, acceptable to the Inspector, shall be placed on the outside corners of a Parklet.
(h) Access to a Parklet shall be from the sidewalk and not be less than 1 metre in width. Where a gate is used, it shall swing into the Parklet.
(i) A Parklet shall not obstruct or block access to manholes or utility covers, unless approved by the Inspector.
(j) Notwithstanding any other provision of this section, a Parklet shall not be located within 1 metre of a fire hydrant and a Parklet shall not obstruct or obscure any signage related to a fire hydrant.
(k) (i) The height of a Parklet shall not exceed 1.2 metres as measured from street grade, unless approved by the Inspector.
(ii) Notwithstanding the foregoing, a Parklet may, with the approval of the Inspector, have a cover such as a tarp, umbrella, canopy, trellis or pergola, and such cover shall not extend beyond the outer edge of the Parklet.
(l) Cooking appliances are not permitted within a Parklet.
(m) Portable heating devices may be permitted within a Parklet provided:
(i) they are CSA approved;
(ii) they are installed and operated in accordance with the manufacturer’s instructions and specifications;
(iii) they are secured in a manner acceptable to the Inspector;
(iv) the fuel supply tank is located within the heating device;
(v) any flame is enclosed within the heating device;
(vi) they are equipped with an anti-tilt safety switch;
(vii) they are placed a minimum of 1 metre from any other object in the Parklet, and a minimum of 0.6 metres from any combustible material; and
(viii) they are placed a minimum of 0.5 metres from the edge of the Parklet.
(n) Lighting may be permitted within a Parklet provided:
(i) there are no power cables, electrical wires, or lighting elements crossing into or over the 2 metre pedestrian pathway referred to in subsection (b), unless approved by the Inspector;
(ii) it is directed into or onto the Parklet;
(iii) it does not create confusion with any traffic signal light, control sign or device in the sole opinion of the Inspector;
(iv) it does not obstruct or interfere with the movement of motor vehicles or pedestrians, in the sole opinion of the Inspector;
(v) it is not attached or affixed to property of the City or a public utility; and
(vi) it is powered from a private source.
(Section 24.1 added on 2023/04/17; #1659)
25. PLUMBING
(a) All plumbing, drain pipes and plumbing fixtures in every commercial property and every connecting line to the sewerage system shall be maintained in good working order and free from leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing and all of which shall conform to applicable laws and regulations of Council.
(b) In every commercial property all waste pipes shall be connected to the sewerage system through water seal traps.
26. TOILET ROOM FACILITIES
Every commercial property shall conform to the following requirements:
(a) Buildings where people work shall have a minimum of one water closet and one wash basin supplied with hot and cold running water located in an enclosed room conveniently accessible to the employees.
(b) All toilet rooms shall be fully enclosed and with a door capable of being locked so as to provide privacy for the occupant.
(c) All toilet facilities and toilet rooms shall be kept clean and neat at all times and the toilet room walls and ceilings shall be provided with a smooth surface and where paint is used as the surface coating it must be maintained and painted as is necessary for cleanliness.
(d) Each toilet room shall be provided with toilet paper, of the continuous roll type, individual towels or other means of drying.
(e) Every toilet room shall be provided with an opening or openings for natural ventilation located in an exterior wall or through openable parts of skylights and all such openings shall have a minimum aggregate unobstructed free flow area of one square foot.
(f) An opening for natural ventilation may be omitted from a toilet room where a system of mechanical ventilation has been provided, such as an electric fan with a duct leading to outside the building and which operates whenever the light is turned on in the toilet room.
(g) Where mechanical ventilation is used the ventilation duct which is on the exterior wall shall not be located closer than six feet from a window located in an adjoining building.
27. ELECTRICAL SERVICE
Every commercial property shall conform to the following requirements:
(a) Fuses or overload devices shall not exceed limits set by the Electrical Laws and Regulations of Council.
(b) Extension cords which are not part of a fixture shall not be permitted on a semi-permanent or permanent basis.
(c) The electrical wiring and all electrical fixtures located or used in a building shall be installed and maintained in good working order and in conformity with all applicable laws and regulations of Council.
28. LIGHT
Every commercial property shall conform to the following requirements:
(a) Sufficient windows, skylights and electrical lighting fixtures shall be provided and maintained in order to furnish illumination of at least five foot candle power in all passageways and stairways whenever the building is in use, and at least one foot candle power in all stairways provided for use in case of fire or other emergency.
(b) Levels of illumination shall be measured at the floor or stair track level.
29. VENTILATION
Every commercial property shall conform to the following requirements:
(a) Every room where people work shall have an opening or openings for natural ventilation and such opening or openings shall have a minimum aggregate unobstructed free flow area of three square feet and shall be located in the exterior walls or through openable parts of skylights.
(b) An opening for ventilation may be omitted if mechanical ventilation is provided which changes the air once each hour.
30. BASEMENT OR AN UNHEATED CRAWL SPACE
Every commercial property shall conform to the following requirements:
(a) Every basement and unheated crawl space shall be adequately vented to the outside air by means of screened windows which can be opened or by louvres with screened openings, the area of which shall not be less than one per cent of the floor area for basements and one square foot per 500 square feet of crawl space area.
(b) An opening for natural ventilation may be omitted from the basement or unheated crawl space where a system of mechanical ventilation has been provided which changes the air once each hour.
31. RESPONSIBILITY OF THE TENANT
Subject to the provisions of any lease, the tenant of a commercial property shall:
(a) Maintain that part of the non-residential property which he occupies or controls in a clean, sanitary and safe condition.
(b) Maintain all plumbing fixtures and appliances as well as other building equipment and storage facilities in that part of the premises which he occupies, or controls, in a clean and sanitary condition, and provide reasonable care in the operation and use thereof.
(c) Maintain a safe, continuous and unobstructed exit from the interior of the building to the exterior at street or grade level.
(d) Dispose of garbage and refuse into provided facilities in a clean and sanitary manner, in accordance with the provisions and By-Laws of the City of St. John's.
(e) Exterminate insects, rodents and other pests within his building.
(f) Maintain lands in a clean, sanitary and safe condition and free from infestation insofar as he occupies or controls said non-residential property and any parts thereof.
(g) Make available containers for the disposal of refuse which may be discarded by customers and keep the lands and surrounding property free of such refuse.
32. PENALTY
Any person who contravenes the provisions of this By-Law shall be guilty of an offence and liable upon summary conviction to a penalty as provided for in Section 403 of the City of St. John’s Act, or where a violation notice is issued, to a penalty as provided for in Section 403.2 of the City of St. John’s Act.
(Amended 2007/11/05; #1508)
33. (a) Where any commercial property is not kept in repair and maintained in accordance with the standards and provisions of this By-Law, and thereby in the opinion of the Inspector, the commercial property or part thereof is unfit for habitation, the commercial property or part thereof shall, if Council so orders, be vacated within thirty (30) days after the delivery of an order to the owner or the posting of a notice in a conspicuous place on the commercial property stating that the said commercial property or part thereof shall not thereafter be used for human occupation again until the placard or notice is removed by the Inspector and he issues a certificate that the dwelling or dwelling unit conforms to the standards.
(b) Notwithstanding anything to the contrary contained in this section of this By-Law, where any commercial property or part thereof is not kept in repair and maintained in accordance with the standards and provisions of this By-Law, and thereby in the opinion of the Inspector the commercial property or part thereof is unfit for human occupation and constitutes an immediate hazard to life, the said commercial property or part thereof as the case may be, shall be immediately vacated by order of the Inspector after the delivery of an order to the owner or the posting of a notice in a conspicuous place on the commercial property stating that the same is unfit for human occupation and constitutes an immediate hazard to life, and that such commercial property shall not, after such date stated on such notice, be used for human occupation again until the placard or notice is removed by the Inspector and he issues a certificate that the commercial property conforms to the standards.
34. Where in the opinion of the Inspector any commercial property does not conform to the standards or to the provisions of this By-law, or any land used and enjoyed therewith is required to be cleared of all buildings and structures and left in a graded and level condition, the City shall cause the Inspector to send by registered mail to or serve on the owner and all Persons known by the City to have an interest in the commercial property and upon the occupant thereof, if any, a notice which if sent by mail shall be mailed the same day it is dated, stating that the commercial property does not comply with the standards, and that the repairs are required to be made thereto giving reasonable particulars of the repairs required to be made, or that the land must be cleared and left in a graded levelled condition and stating the period of time within which the repairs are to be made or the clearing is to be done, and that, if the repair or clearance is not so done within the period of time specified, the City may carry out the repair or clearance and the cost of the work done may be levied against the owner of such commercial property as a debt due to the City or charged against the land concerned as taxes due and owing in respect to that land and the City may sue for and recover the cost of such repair or clearance.
35. Nothing in Sections 403C and 403B or either of them shall be deemed to alter, amend, abrogate or restrict in any way the powers conferred on the City or its officials or servants by the Act and in particular without limiting the generality of the foregoing Sections 387, 388, 389 and 395 of the Act, but such powers shall continue in full force and effect notwithstanding the enactment of these By-Laws.
36. (a) There shall be a Development Appeal Board (the Board) which shall consist of at least five persons to be appointed annually by the City, none of whom shall be officials or servants of the Council, and the majority of whom shall not be members of the Council.
(b) Where a vacancy in the Board occurs for any cause the City shall immediately appoint a person qualified as set out in this section to be a member thereof, and the person so appointed shall hold office until the next ensuing annual appointment of members.
(c) Any member of the Board is eligible for reappointment from time to time.
(d) Upon the establishment of the Board it shall have all the powers, rights, duties, obligations, and authority conferred on it and the City by Section 403C of The Act in connection with or relating to the matter therein set forth including hearings by the Board.
37. The electric supply system in a commercial property shall not be used to operate machinery or equipment for thawing frozen pipes either inside or outside such dwelling unless such machinery and equipment is operated under the supervision of a qualified electrician.
38. (Repealed) (Amended 2006/04/10; #1490)
39.1 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.
(Amended 2011/04/18; #1544); (Amended 2018/05/14; #1611); (Amended 2023/04/03; #1658)
39.2 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 and Supplements shall conflict with any other section of this By-Law, then the provisions of the said Code and Supplements shall prevail.
(Amended 2006/04/10; #1490); (Amended 2018/05/14; #1611); (Amended 2023/04/03; #1658)
39.3 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.
(Amended 2000/11/14; #1437); (Amended 2018/05/14; #1611); (Amended 2023/04/03; #1658) (Amended 2025/04/09; #1670)
39.4 Notwithstanding sections 39.1, 39.2 and 39.3 day care occupancies will be treated as Class A occupancies. (Amended 200510/03; #1483)
39.5 Where the requirements of the Life Safety Code, 2024 conflict with the requirements of the National Building Code of Canada, 2020, then the National Building Code of Canada, 2020 shall prevail.
(Amended 2011/04/181; #1544); (Amended 2018/05/14; #1611); (Amended 2023/04/03; #1658); (Amended 2025/04/09; #1670) |