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Hamilton : Règlement no 07-170, art. 1.1 — In this Schedule

Licensing By-law (Short-Term Rentals)

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In this Schedule:

  • “Applicant” means a person applying for a licence under this Schedule; “Building” means a structure, whether permanent or temporary, with walls or a roof or part thereof, used or intended to be used for shelter, accommodation or enclosure of persons, animals, goods or chattels; “Building Code” means Ontario Regulation 332/12, as amended, under the Building Code Act; “ Building Code Act ” means the Building Code Act, 1992, S.O. 1992, c.23, as amended; “By-law” means the City of Hamilton By-law No. 07-170, a By-law to License and Regulate Various Businesses, and includes this Schedule 31; “Chief Building Official” means the Chief Building Official as appointed by Council pursuant to the Building Code Act, or their designate, and may include building inspectors for the purpose of doing inspections as contemplated under this Schedule; “Dwelling Unit” means a room or suite of rooms used or intended to be used by one or more persons living together as one household, in which cooking and sanitary facilities are provided for the exclusive use of the household, and to which an independent entrance is provided from outside the building or from a common interior hallway, Revised:
  • November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx vestibule or stairway;
  • “Fire Chief” means the City of Hamilton Chief of the Hamilton Fire Department or his or her designate and includes all members of the Hamilton Fire Department that are designated as an “Assistant to the Fire Marshal” for the purpose of doing inspections as contemplated under this Schedule;
  • “Fire Code” means Ontario Regulation 213/07, as amended under the Fire Protection and Prevention Act;
  • “Fire Protection and Prevention Act ” means the Fire Protection and Prevention Act, 1997 S.O. 1997, c.4, as amended;
  • “Licensee” means any person, corporation or partnership licensed under this Schedule;
  • “Medical Officer of Health” means the Medical Officer of Health for the Hamilton Health Unit or their designate and includes public health inspectors for the purpose of doing inspections as contemplated under this Schedule;
  • “Multiple Dwelling” means a building or part thereof containing five or more self- contained Dwelling Units;
  • “Municipal Law Enforcement Officer” means an employee of the Licensing and By- law Services Division of the City of Hamilton who is assigned by the Director of Licensing to enforce the provisions of this By-law;
  • “Officer” shall include a Municipal Law Enforcement Officer, Medical Officer of Health, Fire Chief, Chief Building Official and a Hamilton Police Services police officer;
  • Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx “Owner” includes:
  • (i) each registered owner of a Rental Housing Unit;
  • (ii) each person who permits occupancy of a Rental Housing Unit; and
  • (iii) the heirs, assigns, personal representatives and successors in title of a person referred to in clauses
  • (i) and (ii); “Rental Housing Unit” means a Building or part of a Building:
  • (i) Consisting of one or more rooms;
  • (ii) Containing toilet and cooking facilities;
  • (iii) Designed for use as a Single Housekeeping Establishment; and
  • (iv) Used or intended for use as a rented residential premise; “Ontario Fire Code” means O. Reg. 213/07, as amended, under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. “Schedule” means this Schedule 31 to City of Hamilton By-law No. 07-170, a By-law to License and Regulate Various Businesses; “Single Housekeeping Establishment” - shall mean a household whose members are an interactive group of persons jointly occupying a Dwelling Unit, including joint access to and use of all common areas including living, kitchen, and eating areas within the Dwelling Unit, and sharing household activities and responsibilities such as meals, chores, expenses and maintenance, and in which there is collective decision making with respect to the control of the premises, and the occupants have the largest degreeof control over the use of the dwelling and property; and, “Tenant” includes a person who pays rent or provides services in lieu of paying rent, in return for the right to occupy a Rental Housing Unit and includes the person’s heir, Revised: November 2023 C:\Users\apepper\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\38JEUW0B\Business Licensing 07-170 Consolidated (November 2023).docx assigns (including subtenants) and personal representatives.

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