Winnipeg : Règlement no 1/2008, art. 31(a) — Neighbourhood Liveability By-law
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free of loose, warped, protruding or rotting floors boards;
- (b) free of wide holes or cracks;
- (c) maintained in a clean and sanitary condition. 34(2) Vertical openings on a floor of a dwelling, including service spaces, chutes, air vents and elevator shafts, must be covered or barricaded in a manner that prevents accident or injury. 34(3) Floor coverings in a dwelling must be in good repair, well fitted and capable of being easily cleaned. 34(4) Floors of kitchens, bathrooms, shower rooms, toilet rooms, laundry areas or other areas in
a dwelling where large amounts of water are likely to be present must be finished with a material that is resistant to water. 34(5) Floor covering replacements in a dwelling must be a minimum of 2 mm in thickness. 34(6) A smooth subfloor underlay must be provided under resilient flooring, parquet flooring, ceramic tile, felted synthetic fibre floor coverings or carpeting laid over lumber floors in a dwelling. 34(7) Where necessary to prevent condensation, mould, or frost buildup in a dwelling, the floors of habitable rooms adjacent to any unheated area must be insulated and have a vapour barrier installed in accordance with Code. Walls and ceilings 35(1) Walls and ceilings in a dwelling, including door jams and stops, baseboards, quarter round and other components, must be maintained in good repair. 35(2) The obligation in subsection (1) includes the obligation to finish the walls and ceilings with paint, varnish, stain or wallpaper and to maintain walls and ceilings:
- (a) in a safe condition and free from loose plaster and other hazards;
- (b) in a clean condition; and
- (c) free of holes, large cracks and loose plaster. 35(3) In a dwelling, a waterproof finish such as ceramic, plastic or metal tile, sheet vinyl, tempered hardboard, laminated thermosetting decorate sheets or linoleum must be installed to a height of not less than:
- (a) 1.8 m above the floor in shower stalls;
- (b) 1.2 m above the rims of bathtubs equipped with showers; By-law No. 1/2008 25
- (c) 400 mm above the rims of bathtubs not equipped with showers. 35(4) Where necessary to prevent condensation, mould, or frost buildup in a dwelling, the walls and ceilings of habitable rooms adjacent to any unheated area must be insulated and have a vapour barrier installed in accordance with Code. Doors and windows 36(1) In addition to the obligations imposed in section 10.1, every exterior door to a dwelling and
every door to a dwelling unit within a dwelling:
- amended 72/2016
- (a) must be equipped with hardware so as to be capable of being locked from both the inside and outside; amended 72/2016
- (b) must allow individuals within the dwelling unit to exit without the use of a key; and amended 72/2016
- (c) must not be secured with a lock and hasp. amended 72/2016 36(2) All enclosed spaces in a dwelling must be provided with an opening of sufficient size to permit entry to the space and fitted with a door or panel to enclose the opening. amended 72/2016 Screens and storm windows and doors 37(1) Close-fitting screened sashes must be installed on all openable windows in a dwelling from May 1 to November 1 in each year and must be maintained in good condition. 37(2) Screens on sashes required by subsection (1) must be composed of not less than number 14 mesh which is maintained free of holes. 37(3) Where necessary to prevent rodents, insects or vermin from gaining entry to the dwelling, close fitting screen doors must be installed in exterior doorways and must be maintained in good condition. 37(4) Storm sashes, used in windows required for ventilation in a dwelling, must be provided with sliding or hinged sub-sashes or with an other openable device. 37(5) Where necessary to protect against the elements
- (a) properly fitting storm doors must be provided; and
- (b) storm windows must be provided for the windows of habitable rooms and basements; in a dwelling from November 1 to April 30 in each year. By-law No. 1/2008 26 Guards and handrails 38(1) Within a dwelling, every interior stair that has more than two risers must have the sides of the stair, the landing and the floor level around the stairwell enclosed by walls or protected by guards, except that a stair to an unfinished basement may have one unprotected side. 38(2) Every exterior landing or porch that is attached to a dwelling and that is more than 90 cm above the adjacent grade, and every balcony, mezzanine, gallery, raised walkway and roof to which access is provided for other than maintenance purposes, must be protected by guards on all open sides. 38(3) Within a dwelling, a handrail must be installed on at least one side of all interior stairs having more than two risers and on exterior stairs having more than three risers. 38(4) Where this section requires that stairs must be protected by handrails or guards, the handrails and guards must be at least 75 cm in height above a line drawn through the outside edges of the stair nosings and 90 cm in height above landings. 38(5) Where this section requires that guards must be installed around accessible roof levels, porches, exterior balconies or walkways to which access is provided, the guards must be at least 107 cm in height, except that those within dwelling units may be 90 cm in height. 38(6) Where balustrades are used as a guard in compliance with this section, they must prevent the passage of a spherical object having a diameter of 10 cm through the balustrade. 38(7) All guards and handrails required by this section must be maintained in good repair and must be firmly attached so as to provide reasonable protection against accident and injury. 38(8) Fire escapes on the exterior of dwellings must be maintained in good repair and free of obstructions. 38(9) When stairs within or attached to a dwelling are replaced or substantially repaired, the guards and handrails must be constructed so as to meet the standards of the current edition of the Manitoba Building Code. Kitchens 39(1) Within a dwelling, a kitchen must be equipped with a kitchen sink and a counter work surface at least 150 cm long and 55 cm wide, including the area occupied by the kitchen sink. 39(2) The backsplash and countertop around the kitchen sink within a dwelling must have a water-resistant surface. 39(3) Storage cabinets must be installed under the counter work surface in a kitchen within a dwelling, providing at least 1.0 m2 of shelf area, and must be maintained in good repair and in a clean condition. 39(4) A clear space of 60 cm must be provided above the heating elements of any cooking appliance within a dwelling. By-law No. 1/2008 27 Bedrooms 40(1) A bedroom or other room used for sleeping purposes within a dwelling must have at least one closet or wardrobe for storage of clothing. 40(2) The closet or wardrobe required by subsection (1) must:
- (a) have at least 0.5 m2 of floor area;
- (b) be at least 55 cm deep; and
- (c) have a shelf of not less than 27.5 cm in depth at least 1.5 m from the floor. 40(3) Bedrooms within a dwelling must be equipped with a close fitting door with hardware so as to ensure privacy. Plumbing standards 41(1) Every dwelling must be provided with an adequate supply of running water that is safe and fit for human consumption without further treatment. 41(2) Every sink, wash basin, bathtub or shower in a dwelling must have hot and cold running water and every toilet must have running water in a supply and at a pressure adequate for the purpose for which that fixture is intended to be used. o o 41(3) In every dwelling, hot water must be supplied at a minimum temperature of 43 C (110
- F) o o and must not exceed a maximum of 57 C (135
- F) at the tap. 41(4) All plumbing in a dwelling, including fixtures, drains, water pipes and connecting lines to the water and sewer systems, must be:
- (a) protected from freezing; and
- (b) maintained in good working order; and
- (c) free from leaks or other defects. 41(5) Every dwelling must be provided with at least the following:
- (a) a kitchen sink;
- (b) a toilet;
- (c) a washbasin; and
- (d) subject to subsection (6), a bathtub. 41(6) Notwithstanding clause (5)(d), a dwelling may be provided with a shower rather than a bathtub where there is insufficient space in the dwelling unit for a bathtub. By-law No. 1/2008 28 41(7) Sewage or organic waste from a dwelling must be discharged into a sewerage system as required by the Sewer By-law. Sanitary facilities 42(1) Bathrooms and toilet rooms in a dwelling must be fully enclosed and fitted with a door and hardware so as to be capable of being locked from the inside in order to provide privacy for the occupant. 42(2) In a dwelling, a wash basin must be installed either in the same room as a toilet or in an accessible adjacent room. 42(3) Bathtubs, showers and toilets in a dwelling must not be located in a habitable room. 42(4) Seats must be provided for all toilets in a dwelling and must be kept in good repair. 42(5) No person may restrict or hinder an occupant from using the toilet, bathtub, shower or wash basin in a dwelling. 42(6) Where sanitary facilities are shared by occupants of more than one dwelling unit:
- (a) all occupants must have convenient access to a toilet, wash basin and bathtub or shower;
- (b) all of the required plumbing facilities must be located within the building so as to be accessible from a common hall or passageway to all persons sharing such facilities without going outside the building and without going through another dwelling unit;
- (c) required plumbing facilities must not be located more than one floor away from every dwelling unit; and
- (d) no more than ten occupants may share a
- (i) toilet,
- (ii) wash basin; or
- (iii) bathtub or shower. Heating standards 43(1) A dwelling must be provided with a heating system
- (a) installed under permit and in compliance with Code;
- (b) maintained in a safe and good working condition; and By-law No. 1/2008 29
- (c) supplied with fuel or power so as to provide the dwelling with sufficient heat in compliance with this section. 43(2) Subject to subsection (4), a room temperature of not less than 70° F (21° C), measured at
a height of 75 cm from the floor in the centre of each occupied room within a dwelling, must be maintained between the hours of 7:00 a.m. and 11:00 p.m. 43(3) Subject to subsection (4), a room temperature of not less than 65° F (18° C), measured at
a height of 75 cm from the floor in the centre of each occupied room within a dwelling, must be maintained between the hours of 11:00 p.m. and 7:00 a.m. 43(4) Subsections (2) and (3) do not apply during a period when a heating boiler is shut down at the request of the Manitoba Department of Labour for the purposes of an inspection under The Steam and Pressure Plant Act. 43(5) When operating, a space heater within a dwelling must be
- (a) located so as not to cause a fire hazard to walls, curtains or furniture;
- (b) located so as not to impede the movement of persons within the room where the heater is located; and
- (c) operated and maintained in accordance with the manufacturer’s instructions. 43(6) A space within a dwelling that contains fuel burning equipment must be provided with a natural or mechanical means of supplying fresh air for combustion. 43(7) A fuel-fired heating appliance within a dwelling must be vented by means of rigid connections to a chimney or vent flue in compliance with The Winnipeg Building By-Law. 43(8) Every chimney, smoke pipe and flue of a dwelling must:
- (a) be maintained so as to prevent any gases, water or any liquid from leaking into the dwelling;
- (b) be kept clear of obstructions; and
- (c) have all defective masonry or metal components repaired or replaced. 43(9) Where all or part of a heating system or an auxiliary heating system in a dwelling burns solid or liquid fuel, a receptacle approved by the Department of Labour for the storage of the fuel must be provided and maintained in a convenient location and must be constructed so as to be free from fire or other hazards. 43(10) Within a dwelling, a fireplace capable of being used and its components must have been designed and must be maintained so that adjacent combustible material and structural members are not heated to unsafe temperatures. By-law No. 1/2008 30 Gas and open flame appliances 44 Within a dwelling, gas stoves, gas water heaters, gas fireplaces and other gas appliances that have open flames must be kept in good repair and must be equipped with suitable pipes or flues or other effective means for the removal of the products of combustion. amended 54/2015 Ventilation 45(1) All enclosed spaces within a dwelling must be capable of being and must be ventilated sufficiently to prevent mould, mildew and condensation and to provide for an exchange of fresh air. 45(2) Unless serviced by a operational central air conditioning system, habitable rooms within a dwelling, except kitchens and bathrooms, must have at least one window which can be easily opened and held in an open position by window hardware. 45(3) An openable window, a local vent or a mechanical ventilation system must be located in all bathrooms and toilet rooms in a dwelling. 45(4) A mechanical ventilation system installed in a bathroom, toilet room or kitchen in a dwelling must be:
- (a) capable of completely changing the air in the room at least once per hour; and
- (b) maintained in good repair and working order. Electrical services 46(1) Every dwelling must be connected to an electrical supply system and must be hardwired for electricity. 46(2) A supply of hardwired electric power must be available at all times in all areas of every occupied dwelling. 46(3) The capacity of the electrical service to the dwelling and the system of circuits distributing the electrical supply within the dwelling must be adequate for the actual use and intended use of the dwelling. 46(4) Electrical wiring, circuits, fuses, circuit breakers and electrical equipment within a dwelling must be maintained at all times in compliance with the provisions of The Winnipeg Electrical By- Law. 46(5) Subject to subsection (6), every habitable room within a dwelling must be provided with at least one electrical receptacle. 46(6) Every kitchen or room where cooking takes place must be provided with at least two receptacles, suitably located, one for a refrigerator and one over or adjacent to the counter work surface. At least one of the receptacles must be supplied by a branch circuit that does not supply any other outlets. By-law No. 1/2008 31 46(7) If an electric range is provided in a dwelling unit, a receptacle in addition to those required by subsections (5) and (6) must be provided exclusively for the electric range. 46(8) A receptacle and receptacle circuit on an electric range may be taken into account in determining compliance with subsection (6). 46(9) All lighting and appliance branch circuits must be protected by an overcurrent device rated at not more than 15 amperes and must be protected from inadvertent overfusing by the insertion of a fuse rejector into the fuse holder, or by the use of a circuit breaker. 46(10) Extension cords must not be used in place of hardwiring for receptacles, lighting fixtures and switches, and must be replaced with hardwiring. Light 47(1) Common stairways, corridors and halls as well as storage rooms, locker rooms and service rooms in a multiple family dwelling must at all times be capable of being illuminated to an average level of at least 50 lux at the floor level to provide safe passage and to facilitate cleaning. 47(2) All rooms in a dwelling must be capable of being illuminated by artificial light adequate for the use to which the room is being put. 47(3) Every habitable room must have one or more windows, sliding glass doors or a combination thereof, with translucent panels that face directly to the outside, sufficient to produce an unobstructed light transmitting area of not less than 10% of the floor area for living and dining rooms and not less than 5% of the floor area for bedrooms. 47(4) In calculating compliance with subsection (3), the area of a window whose natural light is blocked by a wall or other portion of the building located less than 1 meter from the window must not be included as contributing to the required minimum window area of the room. 47(5) In calculating compliance with subsection (3), skylights which are constructed so as to be watertight and protected in a suitable manner against condensation may be included in the calculation so long as they are not the sole source of natural light in any room. Smoke alarms 48(1) The requirements imposed by this section are in addition to, and not in lieu of, requirements imposed by the Fire Prevention By-law and other regulations. 48(2) Smoke alarms conforming to CAN/ULC-S531-02 "Standard for Smoke Alarms" must be installed in every dwelling unit. 48(3) Smoke alarms within dwelling units must be installed between each sleeping area and the remainder of the dwelling unit and, where the sleeping areas are accessed by a hallway, the smoke alarms must be installed within the hallway. 48(4) Smoke alarms in a dwelling must be installed on or near the ceiling and otherwise in conformance with CAN/ULC-S553- 02 “Installation of Smoke Alarms”. By-law No. 1/2008 32 48(5) Smoke alarms must be hardwired unless they are located in a dwelling constructed prior to 1981 which has not subsequently renovated in a way that would permit hardwiring. 48(6) Where smoke alarms are installed with hardwired, there must be no disconnect switch between the overcurrent device and the smoke alarm. Fire alarm and smoke alarm systems 49 All fire alarm systems and smoke alarm systems installed in a dwelling must be operational and in good repair at all times. Space requirements 50(1) Except as provided in section 52 and 53, all dwellings must meet the following minimum space requirements:
- (a) habitable rooms, bathrooms and toilet rooms must have a ceiling height of not less than 210 cm;
- (b) hallways, corridors and passageways must have a ceiling height of not less than 210 cm and a width of not less than 85 cm;
- (c) stairways must have a minimum head room of at least 195 cm, measured vertically from a line drawn through the outer edges of the nosings;
- (d) Each room used for sleeping in a dwelling:
- (i) must have a floor area of at least 5.6 m2 for a single occupant; and
- (ii) must have at least 3.7 m2 of floor area for each occupant when two or more persons occupy the room;
- (e) the total area of the habitable rooms in each dwelling unit must total at least 7.4 m2 for each occupant of a dwelling; 50(2)
Where a dwelling is being rented, a designated employee is authorized to affix to the dwelling a card setting out the number of persons who may occupy the dwelling and the owner must ensure that the number of occupants of the dwelling does not exceed the number posted. Basement occupancies 51(1) In this section “bedroom ” means a room that is being used for sleeping, or is furnished with a bed, a cot, a convertible couch or other furniture that is set up or easily converted for sleeping; By-law No. 1/2008 33 51(2) This section applies to all residential buildings, including multiple family residential buildings,
except that subsections (5) and (6) do not apply to bedrooms in basements of residential buildings if the owner can demonstrate that
- (a) the bedroom is part of a converted residential building that has been issued a final report under the Residential Buildings Fire Safety By-law No. 4304/86, and that the bedroom was approved under and continues to meet the standards of that By-law;
- (b) the bedroom is part of a residential building that met the fourth or subsequent edition of the Manitoba Building Code, that the bedroom was permitted and inspected for compliance with one of those codes, and that it continues to meet those standards; or
- (c) the bedroom is equipped with an automatic sprinkler system installed and operating in compliance with
- (i) NFPA 13, Standard for the Installation of Sprinkler Systems, 1984 Edition;
- (ii) any edition of NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes; or
- (iii) any edition of NFPA 13R, Standard for the Installation of Sprinkler Systems in Low Rise Residential Occupancies. 51(3) Notwithstanding any other section in this Part, habitable rooms in a basement must meet the following requirements:
- (a) floors and walls must be impervious to leakage and surface run-off water;
- (b) the ceiling height in every habitable room must be at least 195 cm, except under beams, doorways and ducting where it must be at least 185 cm;
- (c) stairs leading to the basement must be at least 75 cm in width, must have a maximum rise of 20 cm, a minimum run of 21 cm and a minimum tread of 23.5 cm, and must provide a minimum headroom clearance of 185 cm measured vertically from a line shown through the outer edges of the nosings. 51(4) If a dwelling unit exists in a basement, it must be protected from sewage backflow by the installation of a backwater valve in accordance with the City of Winnipeg Building By-law. 51(5) Every bedroom in a basement must have at least one window or door opening to the outside which is:
- (a) capable of being opened from the inside without the use of keys, tools or special knowledge and without the removal of sashes or hardware;
- (b) subject to subsection (6), unobstructed by any obstacle that would reasonably prevent a person from escaping the bedroom through the door or window. By-law No. 1/2008 34 51(6) If a bedroom complies with subsection (5) because it has a window that opens to the outside,
- (a) the window must provide an unobstructed opening of at least 0.35 m2 in area with
no dimension less than 38 cm, which opening must be maintained during an emergency without needing to be propped open;
- (b) if the window opens into a window well, a clearance of at least 76 cm must be provided in front of the window;
- (c) If the window opens into a window well and a protective enclosure is installed over the window well, the protective enclosure must be capable of being opened from the inside without the use of keys, tools or special knowledge of the opening mechanism. amended 54/2015 (entire section 51) Attic and partial storey occupancies 52(1) Notwithstanding section 50 (general space requirements), dwellings in attics or partial storeys must meet the following requirements:
- (a) at least one-half of the floor area of every habitable room must have a ceiling height of at least 210 cm;
- (b) stairways leading to the dwelling must be at least 75 cm wide and must not be inclined to an angle of more than 50 degrees from horizontal and must provide a minimum clearance height of 180 cm measured vertically from a line drawn through the outer edges of the nosings. 52(2) The floor area of that part of any room in a dwelling in an attic or partial storey where the ceiling height is less than 137 cm must not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy of the dwelling unit under clause 50(1)(e); By-law No. 1/2008 35 PART 3 LITTERING AND GARBAGE Littering, dumping and large scale dumping of garbage prohibited 53(1) In this section, “dumping”, in relation to garbage, means depositing, discarding or leaving garbage, other than litter, on a street, in a public place or on private property that is not the property of the person,
except in a container designed for garbage collection; “large scale dumping ”, in relation to garbage, means
- (a) from a vehicle, depositing, discarding or leaving garbage, other than litter, on a street, in a public place or on private property that is not the property of the person, except in a container designed for garbage collection; or
- (b) depositing, discarding or leaving any of the following items on a street, in a public place or on private property that is not the property of the person, except in a container designed for garbage collection:
- (i) one or more pieces of furniture or appliances, including mattresses;
- (ii) hazardous waste, as defined in the Solid Waste By-law;
- (iii) construction, demolition or renovation waste;
- (iv) six or more bags of garbage; “litter”, when used as a noun, means a single small item of garbage, such as a cigarette butt, a food or candy wrapper, or a disposable container; “littering ” means depositing, discarding or leaving litter on a street, in a public place or on private property that is not the property of the person, except in a litter receptacle or in a container designed for garbage collection. 53(2) A person must not litter. 53(3) A person must not dump garbage. 53(4) A person must not engage in the large scale dumping of garbage. 53(5) The owner of a vehicle, and the person driving a vehicle, must not permit the vehicle to be used in the large scale dumping of garbage. amended 65/2013 Spitting prohibited
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- 30 Where furnished accommodations are provided in any dwelling, all furniture, refrigerators, cooking appliances, beds, bedspreads, bedsprings, pillows, mattresses, bed linen, blankets, bed covers, blinds and curtains must be maintained in good repair and in a clean and sanitary condition
- 31 Exterior surfaces Exterior walls of a dwelling must be free of holes, breaks, loose or rotting boards or timbers and any other condition which might admit insects, rodents or pests to the interior of the wall or the interior space of the dwelling
- 54
- 55
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