Minimum Standards By-law for Existing Residential Dwellings No. M-100
Cape Breton, Nova Scotia
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BY- LAW# M- I00
MINIMUM STANDARDS BY- LAW
FOR
EXISTING RESIDENTIAL DWELLINGS
IN THE CAPE BRETON REGIONAL MUNICIPALITY
Made pursuant
to Section 181 of the Municipal Government Act of Nova Scotia
Interpretation
1. 1
The purpose of this by law is to establish
standards governing the condition, occupancy and maintenance
of residential
property
and providing safeguards for the safety, health and welfare of the general public in
and around
such properties and that of the occupants
and users of residential properties.
The standards
of this By- Law are minimum
standards
and this By- Law does not lessen the requirements
prescribed for buildings, constructions, repairs and alterations
contained
in any other By- Law.
2. 1
In this By- Law:
a) "
derelict boarded- up building" means a building for which the occupancy permit has been
withdrawn by written authorization
by the Building Inspector and which is boarded
up so as to
restrict
entrance
in a manner acceptable to the Building Inspector/ Building Official.
b) "
building" includes
a structure of any kind, including accessory buildings and anything affixed
to or integrated in a building that would, without special mention, be transferred by a
conveyance of the land on which the building is located, but does not include
a building under
construction.
c) "
Building Inspector" mean the persons appointed by the Council of the Cape Breton Regional
Municipality to be the Building Inspector / Building Official.
d) "
building under construction"
means a partially completed building for which
a valid building
permit is still in force and for which
an occupancy permit has not been granted.
e) "
dwelling" includes
any building, part of a building, tent, trailer, or other covering or structure,
the whole
or any portion of which has been used, is used or is capable of being used for the
purposes of human habitation
with the land and premises appurtenant
thereto.
f) "
dwelling unit" means living quarters ,
a room or suite of rooms occupied or capable of
being occupied as an independent and separate housekeeping establishment,
that:
i) are accessible
from
a private entrance, either outside
the building or in a common
area within the building,
ii) are occupied or, if unoccupied, are reasonably fit for occupancy,
iii) contain
kitchen
facilities
within the unit, and
iv) have toilet facilities
that are not shared with the occupants
of other dwelling
units;
g) "
exclusive possession" means the occupancy of premises by someone other than the owner by a
written
lease or by notice of the consent of the owner.
h) "
habitable
room" means a room, other than a non-habitable
room, designed for or which may
be used for living, sleeping, eating or cooking.
Minimum Standards By- law
No. M- IOO
i) "
Building Inspector/ Building Official" means any person employed by the Cape Breton
Regional Municipality whose duty is to inspect buildings and premises.
G) "
Municipality" means the Cape Breton Regional Municipality.
k) "
non-habitable
room" means an area of a building other than a habitable
room in a dwelling or
dwelling unit, and includes:
a)
a bathroom
or shower
room
b)
a toilet room
c)
a laundry room
d)
a boiler
room
e)
a furnace
room
f)
a pantry
g)
a closet
h)
a corridor
i)
a foyer
G)
a stairway
k)
a lobby or
1)
other space for services
or maintenance
of the dwelling or access to and
vertical travel between
stories
1) "
occupant" includes
the resident occupier of a dwelling or dwelling unit, land, or if there is no
resident occupier, the person entitled
to possession thereof, a leaseholder,
and a person having
or enjoying for any way or purposes the use of land, otherwise
than
as owner
m) " owner" includes:
a)
a part owner, joint owner, tenant in common or joint tenant of the whole
or any part of land or a building a person who is entitled to possession as tenant in
fee simple, for life, or for a term of not less than twenty years;
b)
in the case of the absence
or incapacity of the person having title to the
land or building, a trustee, an executor,
a guardian, an agent, a mortgagee
in
possession or a person having the care or control
of the land or building;
c)
where the mortgagee
of land is not in possession, the person entitled to the
equity of redemption;
d)
in the absence
of proof to the contrary, the person assessed
for the
property;
e)
the person managing or receiving the rent from the land or premises, whether
on his own account
or as agent or trustee of any other person;
f)
a person who is assessed
for the building as of the date of any alleged
violation;
g)
the person who is entitled to possession by reason of an agreement
of sale
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No. M- IOO
between that person and the owner of the property.
n) "
repair" means taking the necessary action to bring any building, dwelling or dwelling unit
to
the standards
contained
herein, including boarding up.
0) "
standards"
means the standards
for the maintenance
and improvement of the physical condition
and for the fitness of occupancy prescribed for dwellings in this By- Law.
General
Duties
and Obli2:ations
2.2.
1)
The owner of a building shall maintain
the building to the standards
contained
in this By- Law.
2)
Failure to meet each standard
constitutes
a separate
offense.
2. 3.
1)
The occupant of a dwelling, building or dwelling unit shall maintain
that portion of the building
in the occupant' s exclusive possession to the standards
contained
in this by law.
2)
Failure to meet each standard
constitutes
a separate
offense.
2.4.
All repairs to a dwelling shall be made under the authority of an approved building permit and in
a manner accepted as good workmanship in the trade concerned
and with materials
suitable
and
sufficient
for the purposes.
Inspections
and Orders
of the Buildin2: Inspector:
3.1 (
1)
Upon receipt of a complaint when the Building Inspector has been notified of a violation
of this
By- Law, the Building Inspector
shall inspect the premises within forty-eight (48) hours,
exclusive
of Saturdays, Sundays and holidays.
2)
Where
a person has notified
a Building Inspector of a violation
of this By- Law, the Inspector
may send the person a copy of the inspection report.
3)
If a tenant has notified the Building Inspector of a suspected violation
of the By- Law, the
landlord
shall not harass the tenant
as a consequence thereof.
3.2.
1)
In addition
to any other remedies
contained
in this By- Law, the Building Inspector may order
the owner to make whatever repairs are necessary to bring the building to the standards
contained
in this By- Law.
2)
In addition
to any other remedies
contained
in this By- Law the Building Inspector may order the
occupant
to make whatever repairs are necessary to bring the building up to the standards
of
this By- Law.
3)
An Order made pursuant to this by law shall be in writing, shall specifY the repairs required and
shall fix a definite period of time, not to exceed ( 90) ninety days, in which the remedial
action
necessary to eliminate
the non-compliance with this By- Law must be taken.
4)
An Order of the building inspector pursuant to this By- Law shall be deemed to have been
properly served if send by prepaid ordinary mail to the address of the owner as it appears on the
latest assessment
roll of the Municipality or by being posted in a conspicuous place upon the
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Minimum Standards By- law
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property.
5)
Whenever
any remedial
action taken to eliminate
any non-compliance with this By- Law reveals
further
non-compliance with this By- Law, the Building Inspector
shall send a further notice to
remedy the further
non-compliance with this By- Law.
Owner'
s Standards/ Responsibilities:
Rubbish:
4. 1.
The owner shall keep all parts of the building, except those within the exclusive possession of an
occupant, clean and free from:
a)
rubbish, garbage and other debris;
b)
Garba2:e Disposal:
objects and conditions, holes and excavations
that are health, fire or accident
hazards.
5. 1.
1)
Every building that is outside the scope of the Cape Breton Regional Municipality Garbage
Collection
and Disposal by law, shall be provided with a garbage enclosure.
2)
The enclosure
shall not be located in a habitable
room, and shall be adequate to enclose
one
week' s garbage of the number of people occupying the building.
Roofs:
6. 1.
1)
The roof shall be kept weathertight and free from leaks.
2)
Every eavestrough, roof gutter and downpipe shall be kept:
a)
in good repair;
b)
in good working order;
c)
watertight and free from leaks;
d)
free from health and accident
hazards.
3)
Every roof shall be kept free from:
a)
loose or unsecured objects and materials;
b)
dangerous accumulations
of snow or ice;
c)
all other fire and accident
hazards.
Exterior
Walls:
7. 1.
1)
The components
of every exterior wall of a building and the exterior wall shall be maintained:
a)
in good repair;
b)
weathertight;
c)
free from loose or unsecured objects and materials;
d)
to prevent the entrance of insects
and rodents;
e)
to prevent deterioration
due to weather, insects
or animals.
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2)
Without restricting the generality of Subsection (
1), the maintenance
of an exterior wall includes
the waterproofing of the wall and joints, and restoring, repairing and replacing of:
a)
the wall
b)
the bricks
and mortar
c)
the stucco, lathing and plaster
d)
the cladding
e)
the coping
f)
the flashing
Foundation
Walls and Foundation
Supports:
8. 1.
1)
Every foundation
wall forming part of a building shall be maintained
in good repair so as to
prevent settlement
of the building or the entrance of moisture, insects
or rodents.
2)
Without limiting the generality of Subsection ( 1), the maintenance
of a foundation
wall includes:
a)
jacking up, underpinning or shoring the walls where necessary;
b)
replacing subsoil
drains
at the footing;
c)
grouting masonry cracks;
d)
waterproofing the wall and joints.
3)
All foundation
supports forming part of a building shall be maintained
in good repair so as to
prevent settlement
of the building.
4)
Without limiting the generality of Subsection (
3), the maintenance
offoundation
supports
includes:
a)
repairing or replacing decayed, damaged or weakened
sills, piers, posts or other
supports;
b)
making sills, piers, posts or other supports waterproof, weatherproof and insect proof
by the application of paint or other suitable
materials;
c)
using suitable
means to jack up or support the building where necessary.
Structural
Soundness:
9. 1.
Every part of a building shall be maintained
in a structurally sound condition
so as to be capable
of sustaining safely its own weight and any load to which it may normally be subjected.
Draina2:e:
10. 1. ( 1)
Every basement, cellar, crawl- space and similar
space shall be adequately ventilated
to the
outside air and adequately drained.
2)
Every floor, every ceiling, both sides of every interior wall, and the interior
side of every exterior
wall in a dwelling shall be maintained
free from dampness.
a)
any non-habitable
room in a basement
or cellar, or
b)
a garage.
3)
Every building shall be so constructed
and protected as to prevent the passage of noxious
gases
from a part of the building that is not used, designed or intended
to be used for human
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habitation, into other parts of the building intended, used or designed for human habitation.
Exterior
Doors and Windows:
11.1
1)
All exterior windows, doors and hatchways in a building shall be maintained
in good repair and
weathertight.
2)
Without restricting the generality of Subsection ( 1), the maintenance
required includes:
a)
repairing or renewing damaged, decaying or rotten:
i)
doors
ii)
door frames
and casing
iii)
window
sashes, and
iv)
window
frames
and casings
b)
refitting doors and windows;
c)
weather stripping;
d)
repairing or replacing defective
or missing door hardware
and defective
or missing
window
hardware;
e)
reglazing; and
f)
using other suitable
means of weatherproofing.
3)
Every opening in an exterior wall that:
a)
is used or required for ventilation
or illumination;
b)
is not protected by a window
or door, and
c)
could permit the entry of rodents
or vermin
shall be:
i)
screened
with wire mesh, metal grills, or other durable
material, or
ii)
otherwise protected so as to effectively prevent the entry of rodents
or vermin.
4)
Where
storm windows
are installed
in a building, such windows
shall be maintained
in good
repair and glazed.
5)
All shutters
on a building shall be maintained
in good repair and be adequately secured.
6)
Without restricting the generality of Subsection (
5), the maintenance
includes:
a)
repairing or replacing damaged or decayed shutters
and hardware; and
b)
using other suitable
means to prevent deterioration
due to weather
and insects.
E2:ress:
12. 1. ( 1)
The owner shall maintain
a safe, continuous
and unobstructed
passage from the exterior of each
dwelling unit in each building to the exterior of each building at street or grade level.
2)
The passage required in Subsection ( 1) shall not pass through a room in another dwelling unit or
be a shared single exit with any other dwelling unit or occupancy.
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Stairs, Balconies
and Porches:
13. 1. ( 1)
Every stairway, balcony or porch in, on, or appurtenant
to a building shall be maintained;
a)
in good repair;
b)
free from
I)
holes
ii)
cracks
iii)
excessive
wear and warping, and
iv)
other defects that are accident
hazards.
2)
Without restricting the generality of Subsection ( 1), the maintenance
includes:
a)
repairing or replacing treads, risers
or floors that show excessive
wear or are broken,
warped or loose;
b)
repairing, renewing or supporting structural
members
that are rotten, deteriorated
or
loose;
c)
painting.
3)
Every open side of a stairway, flat roof to which
access may be gained through a doorway,
terrace, balcony, porch, landing or stairwell
shall have a rigid guardrail not less than ( 42) forty-
two inches high with an intermediate
rail, or a balustrade
in good repair firmly attached
so as to
provide reasonable protection against accident
or injury, where
a)
the vertical
rise between
the base of the stairway and the top of the stairway exceeds
five feet; and
b)
the flat roof, terrace, verandah, porch, landing or stairwell
i)
is more than two ( 2) feet above the ground, floor, or other horizontal place
below, and
ii)
can be used by any person who is in, on, or at the building.
4)
Every stairway that does not require a guardrail or balustrade
under Subsection (
3) shall have a
rigid handrail
not less than three ( 3) feet high in good repair on at least one side of the stairway
firmly attached
to provide reasonable
support for persons using the stairway.
Walls and Ceilin2:s:
14. 1. ( 1)
Every wall and ceiling in a dwelling shall be maintained
in good condition
and free from holes,
cracks, and loose plaster.
2)
Every ceiling, both sides of an interior wall and the interior
side of an exterior wall in a dwelling
shall be lathed and plastered or covered with other material having equivalent qualities.
3)
Subsection (
2) shall not apply to:
a)
a garage; or
b)
any attic space that is not used designed or intended
to be used for human habitation.
Floors:
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15. 1. ( 1)
All floors in a dwelling shall be maintained
free from:
a)
loose, warped, protruding, broken
or rotted boards;
b)
holes
or cracks.
2)
Where
a floor in a dwelling is covered with linoleum
or a similar covering that has become
torn
or holed
so that it retains dirt or is an accident
hazard, the covering shall be repaired, replaced or
removed.
3)
Every bathroom
floor, shower
room floor and toilet room floor, every kitchen floor and every
entry way floor in a dwelling shall be maintained
in a manner that permits easy cleaning and is
water resistant.
4)
Without restricting the generality of Subsection (
3), the maintenance
includes installing,
repairing, refinishing and replacing a floor or floor covering that will provide the required
conditions.
Fireplaces, Flue- Burnin2: EQuipment, Chimneys, etc.:
16.1
1)
Every fireplace used, capable of being used or intended
to be used in a building for burning fuel
in an open fire shall be maintained
in good repair so as to prevent the heating of adjacent
combustible
material
or structural
members
to unsafe temperatures
and shall be effectively
vented to the outside air by means of a chimney.
2)
In every building:
a)
equipment that burns fuel;
b)
heating equipment; and
c)
every vent pipe, chimney, smoke pipe, flue or duct connected
to such equipment shall
be so constructed, placed, protected and maintained
in good repair as to prevent unsafe
or dangerous conditions
and the entrance of noxious
gases into the dwelling.
3)
Equipment that burns fuel in a building shall be effectively vented to the outside air by means of
a chimney, a flue, a smoke pipe, a vent pipe or a similar duct.
4)
Without restricting the generality of Subsections ( 1) and ( 2), the maintenance
includes:
a)
lining, repairing, and relining the fireplace with fire- resistant
material;
b)
installing, repairing and replacing the hearth of the fireplace;
c)
clearing obstructions
from the chimney, flue, smoke pipe or other duct;
d)
sealing open joints and repairing masonry;
e)
using piping or ducts of adequate size for a chimney, flue, smoke pipe, vent pipe, or a
similar duct.
5)
Subsection (
3) does not apply to a domestic appliance used for cooking or an approved portable
space heating unit if the appliance is so constructed, designed, and used as not to require
venting.
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Heatin2: Systems:
17. 1. ( 1)
Every dwelling shall be provided with a heating system capable of maintaining a room
temperature
of not less than twenty- two degrees Celsius
in all parts of all habitable
rooms,
bathrooms,
and toilet rooms in a dwelling at all times.
2)
The heating system shall be maintained
in good repair and working condition
and capable of
heating the dwelling safely.
3)
Where, in a dwelling:
a)
a heating system or part of it, or
b)
an auxiliary heating system or part of it
burns
or is designed or intended
to burn solid or liquid fuel, a place or receptacle for the storage
of the fuel shall be provided and maintained
in good condition.
4)
All fuel- burning appliances, equipment, accessories
and installations
in a building shall be
installed
in a good and workmanlike
manner and maintained
in good repair and working order.
5)
Where there is fuel- burning equipment in any occupied dwelling, not occupied by the owner,
and the owner is required by the lease or agreement providing for the occupancy to provide fuel,
an adequate supply of fuel shall be available
at all times for the equipment.
Heatin2: EQuipment
Connections
18. 1. ( 1)
All connections
between
a)
heating equipment or
b)
cooking equipment that burns
or is designed or intended
to burn liquid or gaseous fuel
in a dwelling,
and the source of liquid or gaseous fuel shall be maintained rigid and in good repair.
2)
Notwithstanding Subsection ( 1), an approved flexible
connector
may be used to connect
a gas
stove used only for cooking purposes to its source of gaseous fuel.
Plumbin2: and Plumbin2: Fixtures
19. 1. ( 1)
All plumbing in a building or dwelling, including plumbing fixtures, drains, water pipes, water
closets
and connecting lines to the water and sewer systems, shall be installed
and maintained
in
good working order and repair and free from leaks and other defects.
2)
A water closet or a urinal in a dwelling shall be located only within
a separate bathroom
or toilet
room.
3)
A wash basin that is in good working order, served with hot and cold running water and
connected
to the drainage system for the dwelling, shall be located in every room that contains
a
water closet or a urinal.
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4)
Notwithstanding Subsection (
3), where
a dwelling contains
not more than three dwelling units,
the wash basin may be located in a room adjoining the room that contains
a water closet or a
urinal.
5)
Every bathroom
and toilet room in a dwelling shall:
a)
be located within the main portion of the dwelling;
b)
have provisions for privacy; and
c)
where the bathroom
or toilet room is used or is intended
to be used by more than one
1) roomer or boarder
or by the occupants
of more than one ( 1) dwelling unit, have an
entrance
from a common passageway, hallway, corridor
or other space used in
common by the occupants
of the dwelling.
6)
No person shall store or prepare food in a room that contains
a water closet or a urinal.
7)
An adequate supply of potable water shall be available
at all times to all plumbing fixtures
located in a dwelling.
Kitchens:
20. 1. ( 1)
Every room in a dwelling unit in which meals
are prepared shall have a sink that:
a)
is served with hot and cold running water;
b)
is connected
to the sewer system for the building;
c)
is in good repair and working order.
2)
Where
more than two persons occupy a dwelling unit, no person shall store, prepare or cook
food in a room or area in the dwelling unit used for sleeping purposes.
3)
Every kitchen
shall be provided with a properly installed
and maintained
source of electricity.
Electrical
System:
21.1
1)
Every residence
shall be connected
to an electrical supply system and shall be wired for
electricity.
2)
An adequate supply of electric power shall be available
at all times in all parts of every
occupied dwelling.
3)
The capacity of the connection
to the building and the system of circuits distributing the
electrical supply within the building shall be adequate for the use and intended
use in the
building.
4)
Every habitable
room in a dwelling shall have at least two duplex receptacles.
5)
A kitchen
electric utility receptacle shall:
a)
be mounted
in a separate
outlet box;
b)
be connected
to a utility circuit used exclusively for the utility of approved gauge wire,
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and shall be protected by an approved ampere fuse or circuit breaker.
6)
Smoke Alarms
or Smoke Detectors:
a)
smoke alarms
or smoke detectors
shall be installed
between
each sleeping area and the
remainder
of the dwelling unit;
b)
where sleeping areas are served by a hallway, smoke alarms
or smoke detectors
shall
be installed
in the hallway;
b)
smoke alarms
or smoke detectors
shall be installed
on or near the ceilings.
Electrical
7)
Every laundry area in a dwelling shall have at least one electrical duplex convenience
outlet in
good working order.
8)
An electrical light fixture
shall be permanently installed
and maintained
in good working order
in every water closet compartment, toilet room, bathroom, shower
room, kitchen, and
kitchenette, cooking space, laundry room, furnace
room, hall and stairway in a dwelling.
9)
No person shall place an extension
cord directly beneath
a floor covering or through a doorway,
transom, wall, ceiling or floor and no person shall use, cause or permit the use of an extension
cord
so placed.
10)
The electrical wiring, circuits, fuses, circuit breakers, and electrical equipment in a dwelling
shall be maintained
at all times:
a)
in good repair and working order, and
b)
free from fire and accident
hazards.
Li2:htin2: and Ventilation:
22. 1. ( 1)
Every habitable
room in a dwelling, except the kitchen, shall contain
one or more windows
or
skylights that:
a)
are at least 50% above the level of the ground outside the wall in which it is installed;
b)
open directly to the outside air;
c)
have a total glass area of not less than 5 % of the total floor area of the room.
2)
All skylights, windows
and window
sashes
shall:
a)
be glazed;
b)
be provided with proper and suitable
hardware;
c)
open to the outside air to the extent of not less than 5 % of the floor area of the room;
d)
be maintained
in good repair;
e)
be easily opened and closed
at all times.
3)
Lighting equipment in good working order shall be provided and maintained
at all times in
every:
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a)
stairway
b)
hall
c)
bathroom
d)
shower
room
e)
toilet room
f)
basement
or cellar
g)
laundry room
h)
furnace
room
i)
similar
non-habitable
work room
G)
kitchen
in a dwelling.
4)
Every habitable
room, bathroom, shower
room, and toilet room in a dwelling shall be provided
with adequate natural
or artificial
means of ventilation.
5)
Where any system of mechanical
ventilation
is provided in any room in a dwelling, it shall be:
a)
capable of completely changing the air in the room at least once per hour;
b)
maintained
in good repair and working order at all times.
6)
All enclosed
spaces within
a dwelling shall be adequately ventilated
and access of sufficient
size
to permit entry thereto
shall be provided and shall be fitted with a door or panel to enclose the
opemng.
Multiple Occupancy Dwellin2:s:
23. 1. ( 1 )
In this Section, " multiple occupancy dwelling" means a dwelling that contains
more than three
dwelling units or in which lodging is provided for more than three
roomers or boarders.
2)
The standards provided by this Section apply to multiple occupancy dwellings only.
3)
Nothing in this Section
relieves
any owner of multiple occupancy dwellings from compliance
with all of the other standards
of this Part.
4)
Every:
a)
passageway
b)
hallway
c)
corridor
d)
entrance
e)
lobby
f)
living room
g)
dining room
h)
recreation
room
i)
other area
used in common by the occupants
of a multiple occupancy dwelling shall be maintained
in a
clean and sanitary condition.
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5)
Without limiting the generality of Subsection (
4), the maintenance
includes:
a)
regular cleaning of the floors and the walls;
b)
covering the floors with a durable
material
that is free from cracks, holes
or other
defects that retain dirt or are health
or accident
hazards;
c)
covering the walls and ceilings with a durable
material
that is resistant
to cracking,
scratching, or breaking or alternatively, regularly painting or decorating so as to
provide a finished
surface which
can be easily cleaned.
6)
Every room used for sleeping purposes and every dwelling unit in a multiple occupancy
dwelling shall have at the entrance
to the room or the dwelling unit, as the case may be, a door
that closes securely and that is fitted with proper hardware
in good repair and working
condition.
7)
In every multiple dwelling, the plumbing facilities required by Section 24 shall be located
and
available
to each occupant of a multiple occupancy dwelling on:
a)
the same storey
as, or
b)
the next storey up or down from the storey on which
the room or dwelling unit occupied by the occupant
is located.
Utilities
Not to be Shut Off:
24. 1. ( 1)
No owner of a building that is used for the purpose of human habitation
shall disconnect,
shut
off, remove, otherwise
discontinue
or cause or permit the disconnection, shutting off, removal,
or other discontinuance
of any gas, water, steam, electric power, fuel oil or other service
or
utility serving a dwelling except when the action is necessary in order to safely make repairs,
replacements, or alterations
in, at, or upon the dwelling and then only after personal notice is
delivered
to the individual dwelling units, and then only for the reasonable
minimum
time that
such action is necessary.
2)
An owner of a building liable for rates for gas, water, steam, electric power, fuel oil or other
service
or utility who fails to pay such rates with the result that the gas, water, steam, electric
power, fuel oil or other service
or utility is disconnected,
shut off, removed
or discontinued
shall
be deemed to have caused
or permitted the disconnection, shutting off, removal
or
discontinuance.
Use of Non- Habitable
Rooms:
25.1
1)
The owner shall not use or permit the use of a non-habitable
room in a building for a habitable
room purpose.
2)
The owner shall not use or permit the use of a non-habitable
room for sleeping purposes.
3)
Where
a room or part of a room in a dwelling does not exceed 4' 6" in height, the floor area
under
a ceiling that is not more than 4' 6" above the floor shall not be counted
in computing the
floor area of the room.
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Minimum Standards By- law
No. M- IOO
4)
A room that is less than 612 feet in height over more than one- half of the floor area is deemed to
be a non-habitable
room.
5)
A habitable
room, an exit, and a passage shall have a minimum height of 612 feet.
6)
A projection from a ceiling, including a lighting fixture, shall be a minimum
of 612 feet from the
floor in all exits and accesses to exit corridors.
Basement Apartments:
26. 1. (1)
Where the floor of any portion of a building is below the finished grade of the property, no
person shall use or permit the use of that space or any part thereof
as one or more habitable
rooms except where, in addition
to the other standards prescribed in this By- Law, the following
requirements are met:
2)
All bedroom
windows
shall provide egress and natural light and ventilation. Windows
shall be
above the level of the surrounding ground and of sufficient
size for egress.
3)
Ventilation
of rooms in such space shall:
a)
be provided:
b)
through doors
or windows, or
c)
by means of a system of mechanical
ventilation, including an exhaust
fan,
either of which shall:
d)
be sufficient
to completely change the air in such space at least once
per hour.
3)
The floors and walls shall be so constructed
as to be impervious to water leakage and shall be
treated against dampness by the provision of an adequate vapour barrier.
4)
The floors
shall be damp-proof and shall be covered with a permanent
floor covering material,
other than paint, that prevents
condensation.
5)
Each habitable
room shall be separated from any room containing heating equipment by a fire-
resistant partition containing no openings other than an opening for a door with a door fitted
therein.
6)
Access
to each habitable
room shall not be gained by passage through a furnace
room or a
boiler room.
7)
Every furnace
room and every boiler
room shall be vented to provide sufficient
combustion
air
for the heating equipment directly from the outside air.
8)
Where
a laundry room that is used by:
a)
the occupants
of more than two dwelling units, or
b)
the members
of more than two families
is located in a basement
or cellar, the laundry room shall be provided with a system of
mechanical
ventilation
that is:
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Minimum Standards By- law
No. M- IOO
a)
maintained
in good working order, and
b)
capable of completely changing the air in the
laundry room at least once per hour.
Dimension
and Utility Standards:
27. 1. ( 1)
A dwelling shall contain
at least one toilet and one sink for each nine persons living in the
dwelling.
2)
A dwelling shall contain
at least one bathtub
or shower for each nine persons living in the
dwelling.
3)
An occupant
shall have
access to one bath tub or shower.
4)
For the purpose of this Section, a family unit of more than nine persons is deemed to be nine
persons.
28.1
1)
Except for a habitable
room, no part of a dwelling shall be used for sleeping purposes.
2)
a habitable
room used for sleeping purposes shall have a floor area of at least sixty (60) square
feet.
4)
The floor space at points where the sloping walls
or ceilings are less than 4' 6" above
floor in a vertical
direction
shall not be included
in calculating the floor area of a
Cape Breton Regional Municipality
the
room.
Occupant'
s Standards
29. 1.
All parts of a building that are occupied by a person other than the owner and which
are in the
exclusive possession of the occupant
shall:
a)
be kept free from rubbish, garbage and other debris;
b)
be kept free from objects and conditions
which
are health, fire or
accident
hazards.
c)
in the case of no electrical supervised smoke alarms
and detectors,
battery
operated smoke alarms
shall be kept and maintained
in good working order
at all times.
30. 1.
All garbage, rubbish, and other debris
shall be stored in the garbage enclosure provided by the
owner.
31. 1
The occupant of a dwelling unit shall maintain
a safe, continuous
and undisturbed
passage from
the interior of the dwelling unit to the exterior of the dwelling unit.
32. 1.
Cooking, heating and domestic
hot water equipment owned and installed by the occupant
shall be
maintained
in good working order and repair.
33. 1.
The occupant of a building shall not prepare food in a room containing a water closet or urinal.
Administration
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Minimum Standards By- law
No. M- IOO
34. 1 (
1)
Any notice, decision
or other document
required to be served pursuant
to this by law may be
served personally, by mailing it to the person at the latest address
shown
on the assessment
roll, by electronic
mail
or by facsimile
or maybe posted upon the property
2)
A notice, decision
or other document
is deemed
to have been served
on the third day after it
was sent.
35. 1 (
1)
Where
an employee of the municipality lawfully directs
that anything be done and it is not
done, administrator
or employee may cause it to be done at the expense of the person in
default.
2)
No action
shall be maintained
against the municipality, or any agent, servant
or employee
of the municipality for anything done pursuant
to this by law. The Municipality and its
officers
and employees are not liable for a loss
as a result of the manner or extent of an
inspection or the frequency, infrequency or absence
of an inspection
3)
Where
an inspection is required or conducted
pursuant
to this By- Law or an enactment
a) the inspector may enter in or upon land or premises at a reasonable
time
without
a warrant;
b) except in an emergency, the Inspector
shall not enter
a room or place
actually being used
as a dwelling without
the consent of the occupier, unless
the entry is
made in daylight hours
and written
notice of the time of the entry is given to the occupier at
least twenty- four hours in advance;
c) and where
a person refuses
to allow the Inspector
to exercise
or attempts
to interfere
or
interferes
with the Inspector, the Inspector may apply to a judge of the Supreme Court of
Nova Scotia for an order
i) to allow the inspector entry to the building, and
ii) restraining a person from further
interference.
4)
It is an offence
to refuse
access to an inspector or to interfere
with
an inspector in the
performance of their duties.
5)
Where
the administrator
cannot find the owner of a building or structure
in respect of
which
a contravention
is taking place or has taken place, notice of the application may be
posted upon the building or structure.
6)
The standards
of a By- Law passed pursuant
to this Section
shall be consistent
with the
standards
prescribed pursuant
to the Nova Scotia Building Code Act and any regulations
made pursuant
thereto.
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Minimum Standards By- law
No. M- IOO
Penalties
36. 1
1)
Any item in this by law which
is determined
by the inspector to be in non
compliance is deemed
an offence.
2)
For each offence, imposing a fine not less than $ 250. 00 ( two hundred
and fifty
dollars) and not exceeding $ 10, 000. 00 ( ten thousand
dollars) or imprisonment for not more
than
one year or both, including the imposition of a minimum
fine,
37. 1
1)
Where
a person contravenes
a provision of this By- Law, the administrator
may
apply to the Supreme Court of Nova Scotia for any or all of the remedies provided
pursuant
to this Section.
2)
The Supreme Court of Nova Scotia may hear and determine
the matter
at any time and, in
addition
to any other remedy or relief, may make
an order
a)
restraining the continuance,
or repetition of, a contravention
and a new or
further
contravention
in respect of the same building or structure;
b)
directing the removal
or destruction
of the building or structure, or part
thereof, that is in contravention
of, or fails to comply with, the By- Law
and authorizing the administrator,
where
an order is not complied with, to
enter upon the land and premises with necessary workers
and equipment
and remove and destroy the building or structure, or part thereof, at the
expense of the owner;
38. 1 (
1)
2)
Every day during which
an offence
pursuant
to this by law continues
is a separate
offence.
In addition
to a fine imposed for contravening a provision of this by law, a judge may order
the person to comply with the provision, order, regulation or By- Law under which the person
was convicted, within the time specified in the order.
39. 1
Any person who
removes, defaces
or makes illegible a notice
or order posted pursuant
to
this by law is guilty of an offence
and is liable, on summary conviction, to a penalty of not
less than
one hundred
dollars ($
100. 00) nor more than five thousand
dollars ($
5, 000. 00)
and in default of payment, to imprisonment for a period of not more than ninety ( 90) days.
40. 1
Where
the administrator
or another employee of a municipality lawfully causes work to be
done pursuant
to this by law, the cost of the work, with interest
at the rate determined
by the
council, from the date of the completion of the work until the date of payment, is a first lien
on the property
upon which, or for the benefit of which, the work
was done.
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Minimum Standards By- law
No. M- IOO
Repeal of Previous Bv- Laws
41.
Any By- Law or any provision thereof passed and approved by The Cape Breton Regional
Municipality or any former Municipality within the boundaries
of the County of Cape
Breton which conflicts
with or acts contrary
to the provisions of this By- Law are hereby
repealed with this By- Law becoming law and any other provision such By- Laws hereby
ratified
and confirmed
insofar
as they are not in conflict
with this By- Law.
PASSED AND ADOPTED by a majority of the whole Council at a duly called meeting of the
Cape Breton Regional Municipality held on April 15, 2008.
MAYOR JOHN MORGAN
BERNIE WHITE
MUNICIPAL CLERK
Publication Date: May 15, 2008
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