City of Hamilton Property Standards By-Law
(Abridged Version)

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3(1) No owner or occupant of property shall use, occupy, or allow, permit or acquiesce in the use or occupation of the property unless such property conforms to the standards prescribed in this By-law.

3(2) No person, being the owner or occupant of a property, shall fail to maintain the property in conformity with the standards required in this by-law.

3(3) The owner of any property which does not conform to the standards in this by-law shall repair and maintain the property to conform to the standards or shall clear the property of all buildings, structures, debris or refuse and shall leave the property in a graded and leveled condition.

3(4) This by-law does not apply so as to prevent a farm meeting the definition of “agricultural operation’’ under the Farming and Food Production Protection Act, 1998, S.O.1998, c. 1, from carrying out a normal farm practice as provided for and defined under that Act.

4. Except as may otherwise be specified in the sections, the standards, obligations and requirements in sections 5 through 22 both inclusive apply to all property.

5(1) Every part of a property shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal or permitted use, and having a factor of safety as required by the Ontario Building Code.

5(2) All exterior surfaces of buildings, structures, fences and retaining walls, including mobile structures and buildings, shall be of materials which resist deterioration by the weather or have resistant coatings applied to them, except that a non-residential farm building or structure may have unprotected wood surfaces.

5(3) The exterior walls, chimneys, roofs and other parts of buildings, structures, fences and retaining walls, including mobile structures and buildings on the property shall be free from loose or insufficiently secured, rotten, warped or broken materials and objects. Such materials and objects shall be removed, repaired or replaced.

6(1) Where any building is vacant or unoccupied, the owner shall protect such building against the risk of accident or intentional damage to the property, or such damage as may be caused to other properties, arising from the entry of unauthorized persons to the building, by effectively preventing entrance by unauthorized persons.

6(2) For the purpose of subsection (1) doors, windows, hatches and other openings through which entry may be obtained are required to be kept in good repair and secured from unauthorized entry, or entry shall be prevented by closing and securing the opening with:

6(3) The options available in 6(2) shall be considered progressively more secure with (e) being the most secure, and the minimum standard imposed by subsection 6(2) shall be considered not to include the use of a less secure option which has, more than once, failed to exclude unauthorized entry, and further where the owners control, attendance or lack of security measures to protect the property suggest a more secure option be used, then the owner shall supply such measure including such improved security of closures as may be necessary beyond the options listed in subsection 6(2).

6(4) Where a building remains vacant for a period of more than ninety (90) days, the owner shall ensure that all utilities serving the building, which are not required for the safety or security thereof, are properly disconnected or otherwise secured, to prevent accidental or malicious damage to the building or adjacent property.

6(5) Where a building is damaged by accident, storm, neglect or other causes or intentional damage, the owner shall protect the building against further risk of further damage, accident or other danger, and shall effectively prevent entrance thereto by all unauthorized persons, by closing and securing opening to the building with:

6(6) The options available in 6(5) shall be considered progressively more secure with (e) being the most secure, and the minimum standard imposed by subsection 6(5) shall be considered not to include the use of a less secure option which has more than once failed to exclude unauthorized entry, and further where the owners control, attendance or lack of security measures to protect the property suggest a more secure option be used, then the owner shall supply such measure including such improved security of closures as may be necessary beyond the options listed in subsection 6(5).

6(7) The exterior walls and other surfaces of the building shall have smoke damage or other defacement removed and the surfaces refinished.

6(8) Any such work required under this section and section 7, shall be done in compliance with the Building Code, other applicable codes and by-laws, including but not limiting the generality of the foregoing, in compliance with the requirement for obtaining building or demolition permits, and with the by-laws applicable to demolition and clearing of property.

7(1) Subject to subsection (3), fire damaged buildings shall be kept clear of all garbage, refuse and debris and shall have all water, electrical and gas services turned off except those services that are required for the security and maintenance of the property.

7(2) Subject to subsection (3), the owner of the fire-damaged building shall restore the building to meet the requirements of Sections 5,6,7, and 8 of the said by-law.

7(3) When the fire-damaged building or part is occupied again for other than the purpose of repair, the condition of the building and property shall be brought into compliance with all applicable sections of this by-law.

Photo: Armando DaSilva

8(1) Exterior walls and their components shall be maintained so as to prevent their deterioration and shall be so maintained, by the painting, restoring or repairing of the walls, coping or flashing or by the waterproofing of joints and of the walls themselves.

8(2) Exteriors of buildings shall be:

8(3) A roof including the fascia board, soffit, cornice and flashing shall be maintained in a weather-tight condition, and able to prevent the leakage of water into the building.

8(4) All structural components of a roof shall provide adequate support for all design loads, and form a suitable base for the roof covering, and where the roof is subjected to a load for which it may not be adequate the roof shall be cleared of the load to prevent collapse or structural damage.

8(5) Exterior walls and their components shall be repaired of vandalism or other damage, including keeping them free of defacements by paint, inscription or other markings and the repair of broken windows.

8(6) Exterior walls of a building or structure, and their components shall be maintained so as to be free of posters:

8(7) Pursuant to the Municipal Act, S. 0 . 2001, c. 25 as amended, the cost of removal of posters by the City is collectable against the owner of the advertising device under the terms of the said Municipal Act notwithstanding the other content of this by-law.

9(1) Windows, skylights, exterior doors and frames, basement or cellar hatchways and attic access doors shall be maintained in good repair and shall be of such construction so as to minimize drafts and heat losses through the infiltration of outside cold air.

9(2) Rotted or damaged doors, door frames, window frames, sashes and casings, weather-stripping, caulking, broken glass and missing or defective door and window hardware shall be repaired or replaced.

10(1) The foundation walls and the basement, cellar or crawl space floors shall be maintained in good repair and structurally sound.

10(2) Every basement, cellar and crawl space in a property shall be maintained in a reasonably watertight condition so as to prevent the leakage of water into the building.

10(3) Every building, unless of concrete slab-on-grade design, shall be upon either full foundation walls or piers, and all footings, foundation walls, and piers shall be of concrete, masonry, or other material acceptable for construction under the provisions of the Building Code and shall be sound, reasonably plumb, and adequate to carry the loads imposed on them.

11(1) Interior and exterior stairs, landings, balconies, porches and any other means of access shall be maintained so as to be free of holes, cracks and other defects which may constitute possible accident hazards. 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.

11(2) Handrails shall be installed and maintained in good repair on all exterior stairs which have more than 3 risers and on all interior stairs within dwelling units which have more than 2 risers.

11(3) Handrails shall be located between 810mm (32 inches) and 920mm (36 inches) measured vertically above a line drawn through the outside edges of stair nosings.

11(4) Handrails will be provided on both sides of stairs when the width of the stairs is greater than 1100 mm (43 inches).

11(5) Every exterior landing, porch and every balcony, mezzanine, gallery, raised walkway and roof to which access is provided for other than for maintenance purposes, shall be protected by guards on all open sides where the difference in elevation between adjacent levels exceeds 610 mm (24 inches), and every exterior stair with more than six risers shall be protected with guards on all open sides where the difference in elevation between the adjacent ground level and the stair exceeds 610 mm (24 inches).

11(6) Except for existing guards that have been maintained in good condition and are a minimum height of 900 mm (33 inches) all guards, including those that are required to be replaced due to their deteriorated condition or to be installed under subsection (5), shall be constructed in accordance with the Ontario Building Code and all such guards shall be maintained in good repair at all times.

12(1) In every building all structural components, including but not limited to all joists, beams, studding, and roof rafters, shall be of sound material and adequate for the load to which they are subjected.

12(2) Every cellar and basement shall have a floor of concrete or other material acceptable under the provisions of the Building Code, to ensure water drainage and to guard against the entry of vermin.

12(3) Every floor shall be smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards that may create an unsafe condition or surface. Such defective floors shall be repaired or replaced.

12(4) Where floors have been covered with sheet or vinyl floor coverings or other flooring that has become worn or torn so that it retains dirt or may create an unsafe condition, the sheet or other flooring shall be repaired or replaced.

12(5) Every bathroom, kitchen, laundry and shower room shall have a floor covering of water-resistant material.

12(6) Every wall and ceiling shall be maintained in a condition free from holes, open cracks, loose coverings or other substantial defects.

13(1) Every property shall be kept free from garbage, rubbish, debris or accumulations of such materials that prevent access to or exit from the property in the case of emergency, or other safety or health hazard.

13(2) Every building shall be provided with sufficient proper receptacles to contain all garbage, debris or rubbish which accumulates on the property, and such materials shall be placed for collection in proper receptacles in compliance with applicable laws and by-laws, and not allowed to accumulate for longer than ten days.

13(3) Every unenclosed porch or unenclosed balcony, and every exterior or interior hallway, stairway and common area shall be kept free of garbage, debris, furniture or appliances, except furniture which is outdoor grade or made weather and water resistant may be placed for use on balconies or porches.

3a(1) In addition to the standards, obligations and requirements that apply to all property under Sections 4 through 34a both inclusive of this by-law, all heritage attributes of Part IV heritage properties, including both interior and exterior heritage attributes, and all heritage attributes of Part V heritage properties shall be:

3a(2) Subject to any applicable provisions of the Ontario Heritage Act:

3a(3)

7. Section 6 of By-law No. 03-1 17 is amended by adding the following Subsections

immediately after Subsection 6(8):

6(9) Notwithstanding Subsection 6(4), where a building on a Part IV heritage property or a Part V heritage property remains vacant or unoccupied for a period of more than ninety (90) days, the owner shall ensure that appropriate utilities serving the building are connected as required to provide, maintain and monitor proper heating and ventilation to prevent damage caused to the building by fluctuating temperatures and humidity.

6(10) Notwithstanding Subsections 6(2), 6(3), 6(5) and 6(6), where a building on a Part IV heritage property or a Part V heritage property is vacant, unoccupied or damaged by accident, storm, neglect or other causes or intentional damage, the owner shall protect the building against the risks described in Subsections 6(1) and 6(5), and shall effectively prevent the entrance of all unauthorized persons by closing and securing openings to the building with boarding:

6(11) Subject to any applicable provisions of the Ontario Heritage Act, where the minimum standard imposed by Subsection 6(10) has, more than once, failed to exclude unauthorized entry, and further where the owner's control, attendance or lack of security measures to protect the Part IV heritage property or the Part V heritage property suggests that a more secure option be used, then the owner shall supply such measures, including such improved security of closures, as may be required by an officer.

6(12) No window, door or other opening shall be closed or secured in accordance with Subsection 6(10) with brick, concrete blocking or any other masonry units and mortar, except where required by an officer under Subsection 6(11).