Standards of Maintenance Bylaw
A MODEL STANDARDS OF MAINTENANCE BYLAW
Municipality of _______________________________ Standards of Maintenance Bylaw
A bylaw to prescribe standards for the maintenance of rental residential premises.
Therefore, the Council of the Municipality of X pursuant to Section 734 (1) (n)
of the Municipal Act in open meeting assembled, enacts as follows:
1 - Title
This bylaw may be cited as the Rental Premises Standards of Maintenance Bylaw
No. xxx, 19xx.
2 - Definitions
In this bylaw, unless the context otherwise requires, the definitions in the Municipal
Act and Interpretation Act govern, and the following definitions apply:
bathroom means a room containing at least one toilet and toilet tank and one hand basin,
one bathing fixture, and constructed so that complete privacy is available to
bedding means sheets, blankets, pillows and pillow cases;
building means any structure used or intended for supporting or sheltering
any use or occupancy;
Building Inspector means a person who has been
assigned the responsibility for administering bylaws enacted to regulate the construction,
alteration, repair or demolition of buildings and structures;
kitchen means a room not part of a dwelling unit or housekeeping unit and
designed or intended for the use of the preparation of food;
cooking facility means an approved appliance in or upon which food may be heated;
unit means one or more self-contained rooms provided with sleeping, cooking
and sanitary facilities, intended for domestic use, and used or intended to be
used permanently or semi-permanently as a residence;
hand basin means
a plumbing fixture primarily intended for the washing of hands, with hot and cold
water connected thereto;
hotel means a hotel, motel, inn, rooming house
and apartment hotel and any prescribed class of premises, but does not include
(a) owned or operated by a non-profit society incorporated under
the Society Act, a municipality, a regional district, a college designated under
the College and Institute Act or a university named in the University Act, or
(b) in which the landlord resides and which contains fewer than a total of 5 bedrooms
or rooms used as bedrooms;
housekeeping unit means a sleeping unit containing
a sink and cooking facility;
landlord includes lessor, sublessor, owner
or other person permitting the occupation of residential premises, and his/her
heirs, assigns, personal representatives and successors in title and a person,
other than a tenant occupying the premises, entitled to possession of the residential
municipality means the Municipality of ____________________________;
owner in respect of real property means the registered owner as defined
in the Municipal Act;
person includes a corporation, partnership or
party, and the personal or other legal representatives of a person to whom the
context can apply according to law;
rental accommodation means a residential
premises subject to a tenancy agreement;
residential premises means
a dwelling unit used for residential purposes, and includes, without limiting
- a manufactured home
- a manufactured home pad
- a room or premises in a hotel occupied by a hotel tenant,
- employment premises,
but does not include premises,
under a single lease, occupied for business purposes with a dwelling unit attached;
repair includes replacing, making additions or alterations or taking action
required for the premises to conform to the standards prescribed by this bylaw;
sanitary facilities means any toilet and toilet tank, urinal, bathtub,
shower or hand basin;
sink means a plumbing fixture, primarily intended
for the washing of dishes and utensils, with hot and cold water connected thereto;
sleeping unit means one or more rooms equipped to be used for sleeping
and sitting purposes only, with no cooking or sanitary facilities;
agreement means an agreement, whether written or oral, express or implied,
having a predetermined expiry date or not, between a landlord and tenant respecting
possession of residential premises and occupation of a room or premises in a hotel;
tenant means a person or persons who have the right of exclusive possession
of residential premises under a tenancy agreement.
3 - Application
This bylaw applies to rental accommodation in the Municipality of X.
- Responsibility for Administration
The Building Inspector is authorized
to administer this bylaw.
5 - Building Inspector's
Right of Entry
The Building Inspector is authorized to enter, at all reasonable
times on any property that is subject to this bylaw to ascertain whether the requirements
of this bylaw are met. The Building Inspector shall, on request, show proper identification.
6 - Notice to Comply to Bylaw Standards
The Building Inspector may direct an owner whose rental accommodation fails to
meet the requirements of this bylaw to remedy the non-compliance within the time
stated by the Building Inspector in a written notice to comply delivered to the
7 - Penalties
A person who contravenes
this bylaw commits an offence and upon summary conviction, is punishable in accordance
with the Offence Act.
8 - Owner's Duties
An owner of rental accommodation shall maintain it
in accordance with the standards prescribed in this bylaw.
In the event that any portion of this bylaw is declared
ultra vires by a Court of competent jurisdiction, then such portion shall be deemed
to be severed from the bylaw to that extent and the remainder of the bylaw shall
continue in force and effect.
Compliance With Other Bylaws
Compliance with this bylaw does not excuse
an owner or any person from the requirement to comply with all other municipal
bylaws and regulations.
11 - Structural Integrity
Buildings and their structural members shall be maintained in good repair and
in a manner that provides sufficient structural integrity so as to safely sustain
its own weight and any additional loads and influences to which it may be subjected
through normal use.
12 - Foundations
Foundation walls and other supporting members shall be maintained in good repair
and so as to control the entrance of moisture.
- Exterior Walls
(1) Exterior walls and their components shall be maintained;
(a) in good repair,
(b) weather tight,
(c) free from loose or
unsecured objects and materials, and
(d) in a manner so as to prevent or
retard deterioration due to weather or infestations.
(2) Canopies, marquees,
awnings, screens, fire escapes, pipes, ducts, air conditioners and all other similar
equipment, attachments, extensions and their supporting members shall be maintained
in good repair, properly and safely anchored and protected against deterioration
(3) Exterior wall facings, projections, cornices and decorative
features shall be maintained in good repair, safely and properly anchored.
(4) Mechanical ventilating systems and their supporting members shall be maintained
in good repair and in a safe mechanical condition.
- Exterior Doors and Windows
(1) Exterior doors, and windows, skylights,
and hatchways shall be maintained in good repair and weather tight.
in exterior walls, other than doors and windows, shall be effectively protected
to prevent the entry of rodents, insects or vermin.
(3) Latching and locking
devices on separate entrances to the rental accommodation, shall be maintained
in good working order. Latching and locking devices on windows shall be maintained
in good working order.
15 - Roofing
The roof, including the flashing, fascia, soffit, and cornice shall be maintained
in a weather-tight condition so as to prevent leakage of water into the residential
16 - Stairs, Balconies and
(1) Stairways, balconies or porches and landings shall be maintained;
(a) in a safe and clean condition,
(b) in good repair, and
free from holes, cracks, excessive wear and warping, and hazardous obstructions.
17 - Basements
(1) Basement floor drains
shall be maintained in good condition.
(2) Floors in a basement shall be kept
dry and free from major cracks, breaks or similar conditions which would create
an accident hazard or allow the entrance of water into the basement.
(1) Floors shall be maintained in a clean condition, reasonably
smooth and level and free of loose, warped or decayed boards, depressions, protrusions,
deterioration or other defects which may create health, fire or accident hazards.
(2) Where floors are covered, the covering shall be maintained in a safe condition.
(3) Shower room floors, toilet room and bathroom floors shall be covered with
moisture resistant floor finishes, and in such condition as to permit easy cleaning.
19 - Walls and Ceilings
walls and ceilings shall be maintained in good repair and free from holes, or
loose or broken plaster that may create health, fire or accident hazards.
- Plumbing and Plumbing Fixtures
(1) All plumbing, including plumbing
fixtures, drains, vents, water pipes, toilets and toilet tanks and connecting
lines to the water and sewer system, shall be maintained in good working order
and repair, free from leaks or other defects and protected from freezing.
Every hand basin and bathtub, shower and sink shall have an adequate supply of
hot and cold running water and every toilet and toilet tank shall have an adequate
supply of running water. Hot water shall be supplied at minimum temperature of
45 C (113 F) and a maximum of 60 C (140 F).
- Gas Appliances and Systems
(1) All gas systems and appliances shall
be maintained in safe working order and repair.
(2) All systems of appliance
venting shall be maintained in safe working order so as to prevent the creation
of a health, fire or accident hazard.
- Heating Systems
(1) Heating equipment shall be maintained in a safe
and good working condition so as to be capable of safely attaining and maintaining
an adequate temperature standard, free from fire and accident hazards and in all
rental accommodation capable of maintaining every room at a temperature of 22
C (72 F) measured at a point 1.5 meters (5 feet) from the floor, and in the centre
of the room.
(2) Where heating equipment or part of it or any auxiliary heating
system burns solid or liquid fuel, a place or receptacle for the storage of such
fuel shall be provided and safely maintained in a convenient location and so constructed
as to be free from fire or accident hazards.
- Electrical System and Lighting
(1) Electrical wiring and lighting
equipment, including circuits, fuses, circuit breakers, electrical equipment and
electrical heating systems shall be maintained in good working order.
levels of artificial lighting shall be maintained in good working order in all
24 - Ventilation
(1) All systems of ventilation, mechanical or natural shall meet the manufacturers
installation requirements, and be maintained in good working order.
- Interior Fire and Health Safety Hazards
(1) Walls, floors and roof
constructions, including fire protective closures, sprinkler systems, including
fire alarm, and detection systems and other means of fire protection, shall be
maintained so that they continue to provide the fire resistive properties and
protection for which they were designed.
- Maintenance Standards for Hotels
(1) In hotel rental accommodation;
(a) surfaces of interior walls and ceilings shall be maintained in a
clean and sanitary condition, and
(b) sanitary facilities shall be maintained
in a clean and sanitary condition and their walls and ceilings with a
smooth surface reasonably impervious to water or chipping or cracking.
(2) Every hotel operator shall ensure that;
(a) in every room in a hotel
containing any sanitary facilities serving more than one sleeping unit,
housekeeping unit or housekeeping room, accessibility from a public hallway
shall be maintained and locking mechanisms on the inside are maintained,
(b) where provided in a community kitchen, the sink, cooking facility
and food storage shall be maintained in safe and healthy working order.
(5) Except where it is specifically agreed to be provided by the tenant, every
hotel operator who provides bedding, mattresses, mattress covers and towels shall
maintain them in a clean and sanitary condition.
(6) Except where it is specifically
agreed to be provided by the tenant, every hotel operator who provides furnished
accommodations shall maintain such furnishings in a clean and reasonable condition
of repair and maintenance.
27 - Effective Date
This bylaw shall come into effect upon its adoption.
Read a first time this
_______________ day of ____________ (month), 19___.
Read a third time this
_______________ day of ___________ (month), 19___.
Reconsidered, finally passed
and adopted this _____________ day of ________________ (month), 19___.