Newmarket : Règlement no 2017-62, art. 15.5 — Property Standards By-law

• (1) of the Building Code.
• “Committee ” means the Property standards Committee established pursuant to the provisions of this by-law. “Debris ” means any waste material of any kind whatsoever and without limiting the generality of the foregoing includes:
• inoperative or unlicensed vehicles or boats and mechanical equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or fill, animal feces, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable, containers of any kind and un-maintained garden fixtures and any objects or conditions that might create a health, fire or accident hazard. “Dwelling ” building or structure, or any part of it, occupied or capable of being lawfully occupied, in whole or in part, for the purpose of human habitation and includes the land and premises appurtenant thereto and all out buildings, Fence s, and erections thereon or therein. “Dwelling Unit ” means a room or group of rooms to be used by one family that functions as a single independent housekeeping unit in which cooking facilities, living quarters and sanitary facilities are provided for the exclusive use of those residing within the unit only, and with a private entrance from outside the building or from a common hallway or stairway inside. “Fees & Charges” means the General Fees and Charges By-law, as amended for the Legislative Services Department. “Fence” means any structure, wall or barrier, other than a building, erected at Grade for the purpose of defining boundaries of Property, separating open space, restricting ingress to or egress from Property, providing security or protection to Property or acting as a visual or acoustic screen. “Fire Code ” means the regulations made under section 12 of the Fire Protection and Prevention Act, 1997,S.O. 1997,c.4, as amended. “Grade ” means the average level of proposed or finished ground adjoining a building at all exterior walls. Property Standards By-law 2017-62 “Ground Cover " means material organic or non-organic applied to prevent soil erosion and includes concrete, flagstone, gravel, asphalt, grass or other form of landscaping. "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. Such barrier may or may not have openings through it. "Habitable Room " means any room in a Dwelling or Dwelling Unit used or capable of being used for living, sleeping, cooking or eating purposes. “Heritage Act” means the Heritage Act, R.S.O.1990,c O.16, as amended and any regulations made under that Act;
• “Heritage Attributes ”
• a) the attribute of the Property, building or structure that contributes to its cultural heritage value or interest that is defined, described, or can be reasonably inferred: i.) in a by-law designating a Property passed under section 29 of the Ontario Heritage Act R.S.O. 1990, c.o.18 as amended and identified as a Heritage Attribute, value, reason for designation, or otherwise; ii.) in a Minister’s order made under section 34.5, Part IV, of the Ontario Heritage Act a nd identified as Heritage Attribute, value, reason for designation or otherwise; iii.) in a by-law designating a Heritage Conservation District passed under section 41, Part V, of the Ontario Heritage Act and identified as a Heritage Attribute, value, reason for designation or otherwise; or iv.) in the supporting documentation required for a by-law designating

a Heritage Conservation District, including but not limited to a Heritage Conservation District Plan, assessment or inventory, and identified as a Heritage Attribute, value, reason for designation or otherwise.

• b) The elements, features or building components including roofs, walls, floors, retaining walls, foundations and independent interior structures and structural systems that hold up, support or protect the heritage values and attributes and without which the heritage values and attributes might be at risk. “Heritage Property ” means Property, including all buildings and structures thereon, that has been designated by the Town under section 29 or by the Minister under section 34.5 of the Heritage Act. “Heritage Conservation District ” means a geographic district established under Part V of the Heritage Act, R.S.O. 1990, cO.18, as amended. “Heritage Conservation District Plan ” means a plan adopted by Council under Part V of the Heritage Act, R.S.O.1990, and c.0.18, as amended to provide direction in the preservation of the Heritage Attributes of a Heritage Conservation District. “Heritage Permit ” means a permit issued by Council under section 33, 34 or 42 of the Ontario Heritage Act, to alter, erect, demolish or remove a building or structure. "Injurious " means causing or likely to cause damage or harm. “Maintenance ” means the act of keeping up, preserving or conserving or paying to keep up, preserve or conserve Property. Property Standards By-law 2017-62 "Means of Egress " means a continuous path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility or combination thereof, for the escape of Person s from any point in a building, floor area, room or contained open space to an open public thoroughfare or to an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare and includes exits and access to exits. “Medical Officer of Health ” means the Medical Officer of Health for the Regional Municipality of York. "Mixed-use Building " means a building containing both Dwelling Unit and Non-Residential Property. "Multiple Dwelling " shall mean a building or portion thereof containing three or more Dwelling Unit s and shall include group Dwelling s either held or maintained under single owner ship or established and maintained under the provisions of the Condominium Act or as a Co-operative. "Non-Habitable Room " means any room in a Dwelling or Dwelling Unit other than a Habitable Room and includes Bathroom, Toilet Room, laundry, pantry, lobby, corridor, stairway, closet, boiler room, or other space for service and maintenance of the Dwelling for public use, for access to and vertical travel between Storey s, and a Basement or part thereof which does not comply with the Standards of fitness for occupancy set out in this by-law. "Non-Residential Property " means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant thereto and all outbuildings, fence s or erections thereon or therein. "Noxious Weeds " means any weed classed as noxious by the Noxious Weeds Act of the Province of Ontario. "Nuisance " shall mean an Injurious, offensive or objectionable condition and, without limiting the generality of the foregoing, shall include a condition which is of offensive or obnoxious by reason of the emission of gas, fumes, dust, sawdust or objectionable odour or by reason of the unsightly storage of goods, wares, merchandise, rubbish, salvage, refuse matter, waste or other material. "Occupant " means any Person or Person s over the age of eighteen years in possession of the Property. "Officer " means a Property Standards Officer or other enforcement Officer duly appointed by By-law of the Town to administer and enforce the provisions of this By-law. "Owner " includes the Person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on his own account or as agent or trustee of any other Person, or who would so receive the rent if such premises were let, and shall also include a lessee or Occupant of the Property who, under the terms of lease, is required to repair and maintain the Property in accordance with the Standards for the maintenance and occupancy of Property. "Person " means an individual, firm, corporation, association or partnership. "Plumbing Fixture " means a receptacle or equipment that receives water, liquid or sanitary sewage and discharges water, liquid or sanitary sewage directly into drainage piping. "Property " means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, Fence s and erections thereon, whether heretofore or hereafter erected, and includes vacant Property and Designated Heritage Property. Property Standards By-law 2017-62 "Repair " includes the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the Property shall conform to the Standards established in this by-law. "Residential Property " means a building or structure or part of a building or structure, that is used or designed for use as a domestic establishment in which one or more Person’ s usually sleep and prepare and serve meals, and includes any lands and premises appurtenant thereto and all outbuildings, Fence s and erections thereon, whether heretofore or hereafter erected and includes vacant Residential Property. "Sanitary Unit " means a water closet, urinal, bidet or bed-pan washer. "Sewage System " means the sanitary sewer system or a private sewage disposal system. "Sign " means any surface, structure and other component parts, which are used or capable of being used as a visual medium to attract attention to a specific subject matter for identification, information or advertising purposes and includes an advertising device; this shall include flags, banners, pennants, lights, inflatable devices, or any object intended for advertising purposes. "Standards " means the standards of physical condition and occupancy of Property set out in this by-law. "Storage Garage " means a building or part thereof intended for the storage or parking of motor vehicles and which contains no provision for the repair or servicing of such vehicles but does not include a garage or carport forming part of a single Dwelling Unit. "Storey " means the portion of a building which is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it. "Supplied " means installed, furnished or provided by the Owner. "Toilet Room " means a room in which Sanitary Units are installed. "Town " means the Corporation of the Town of Newmarket. "Yard " means the land, other than publicly owned land, around or appurtenant to the whole or any part of a residential or Non-Residential Property and used or capable of being used in connection with the Property.