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TOY 14 - Minimum Housing Standards Bylaw
Town of Yarmouth
MINIMUM HOUSING STANDARDS BYLAW
Effective: May 18th, 1983 - Amended: November 16th, 2023
TOY 14
Pursuant to the Municipal Government Act, 1998, c18, including Section 181, BE IT ENACTED by the
Council of the Town of Yarmouth as follows:
a. This Bylaw shall be known as "Bylaw No 14" and shall be cited as the "Minimum Housing
Standards Bylaw". It shall apply to all residential occupancies within the Town of Yarmouth.
b. Where a provision of this Bylaw conflicts with the provision of another Bylaw enforced within the
Town of Yarmouth, the provision that establishes the higher standards to protect health, safety
and welfare of the general public shall prevail.
c. In section 507, where a council, village commission, committee or community council or the
engineer, the administrator or another employee of a municipality lawfully causes work to be done
pursuant to this Act, the cost of the work, with interest at the rate determined by the council, by
policy, or by the village commission, by Bylaw, 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. 1998, c. 18, s. 507; 2001, c. 35, s. 27.
1.0
APPLICATION
The tenant or occupant of a building shall not act in a manner that prohibits the owner of a
building from adhering to the standards as provided in this Bylaw.
2.0
GENERAL DUTIES AND OBLIGATIONS
2.1
The owner of a building shall maintain the building to the standards as provided in this Bylaw.
2.2
The owner of a building shall maintain the building to the standards to which it was required to
be built.
2.3
This Bylaw shall apply to the owner, tenant, or occupant of every dwelling in the Town of
Yarmouth and the owner of the land on which any dwelling is situated.
2.4
The standards of this Bylaw are minimum standards, and this Bylaw shall not be construed so as
to lessen the requirements prescribed for buildings, constructions, repairs, and alterations.
3.0
COMPLAINT
Only complaints in writing and accompanied by a valid name and phone number will be acted on.
Bylaw information and complaint forms may be obtained at the Town of Yarmouth Planning and
TOY 14 - Minimum Housing Standards Bylaw
Economic Development Department office during regular office hours or anytime online from the
Town of Yarmouth website.
4.0
INSPECTIONS
4.1
Where an inspection is required or conducted pursuant to this Bylaw:
a. The Town appointed Building Official will perform and document the inspection.
b. The Building Official may enter in or upon land or premises without a warrant for the
purposes of an inspection.
c. Except in an emergency, the Building Official shall not enter a room or place being used
as a dwelling unit without the consent of the occupier, unless entry is made in daylight
hours and written notice of the time of the entry is given to the occupier at least twenty-
four (24) hours in advance.
d. The Building Official may, if there is doubt as to the safety of any material, equipment,
device, or construction method of a land or building pursuant to this Bylaw, bring in an
"expert" to assist in the inspection or require that sufficient proof be submitted at the
expense of the owner, where such evidence or proof is necessary to determine whether
the material, equipment, device, or construction meets the prescribed requirements.
e. Where a person refuses to allow the Building Official to exercise, or attempts to interfere
or interferes with the Official in the exercise of a power granted pursuant to this Bylaw,
the Official may apply to a judge of the Supreme Court of Nova Scotia for an order,
i.
To allow the Official entry to the building, and,
ii.
Restraining a person from further interference.
5.0
ORDERS
If after an inspection, the Building Official is satisfied that in some respect the building does not
conform to the standards prescribed in this Bylaw, the Official shall serve or cause to be served
by mail to the owner, tenant or occupant of the property or by posting in a conspicuous place on
the building an Order to Comply and shall at the same time provide all occupants and owner(s) of
the building with a copy of the Order.
5.1
Every Order to Comply shall contain:
a. The standards to which the building does not comply; and
b. The date after which the building will be subject to reinspection to ascertain compliance
with the order.
The action that will be taken against the owner, tenant, or occupant, should the building not
comply with the prescribed standards at the time of the reinspection.
5.2
Where an Order has been served upon an owner, and the owner provides the Official with a
TOY 14 - Minimum Housing Standards Bylaw
schedule outlining specific time frames within which the work specified in the Order will be
completed, the Official may accept or amend the schedule at which time the schedule will be a
part of the Order.
5.3
Where an owner, tenant or occupant fails to comply with the requirements of an Order within
the period set forth in the order, the Official may:
a. Issue a summery offence ticket.
b. Provide notice to discontinue the residential use on the property.
c. Any costs incurred by the Town of Yarmouth to remedy a property pursuant to this Bylaw,
shall become a lien on the property.
6.0
CHARGES
Where an owner fails to comply with an Order made pursuant to Section 5.3 within the prescribed
time frame provided by the Building Official, and where the Administration intends to carry out the
work specified in the Order, the Administrator shall undertake to remedy the emergency repairs
to a maximum of one thousand five hundred dollars ($1500.00).
7.0
ENFORCEMENT
Any person who uses a dwelling for residential use after an order under section 5.3.b has been
given, is guilty of an offence punishable on summary conviction by a fine of not more than five
thousand dollars ($5,000) and to imprisonment of not more than three (3) months in default of
payment thereof.
7.1
Each day that a person uses a dwelling for residential use after a notice under section 5.3.b has
been given constitutes a separate offence.
8.0
STANDARDS FOR YARDS AND ACCESSORY BUILDINGS
8.1
Walks, Driveways, Steps
Steps, walks, driveways, parking spaces and similar areas of a yard shall be maintained to
afford safe passage under normal use and weather conditions.
8.2
Accessory Buildings
An accessory building shall be kept in good repair free from health, fire, and accident hazards.
8.3
Garbage Disposal
a. All garbage, rubbage and other debris from a dwelling shall be properly stored in
receptacles acceptable to the Town of Yarmouth.
b. Property owners shall provide a garbage enclosure.
TOY 14 - Minimum Housing Standards Bylaw
c. The enclosure shall not be stored in a habitable room and shall be adequate to enclose
one week's garbage of the number of people occupying the building.
9.0
STANDARDS FOR DWELLING AND DWELLING UNITS
9.1
Structural Soundness
Every part of the dwelling 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 be subject. Any materials which
have been damaged or show evidence of rot or other deterioration shall be repaired or replaced.
9.2
Dampness
The interior floors, ceilings, and walls shall be kept free from dampness arising from the entrance
of moisture through an exterior wall or a roof or through a cellar, basement, or crawlspace floor.
9.3
Foundations
Foundations shall be of masonry, concrete or other acceptable material and designed to
adequately support the loads imposed and provide a dry basement or crawlspace. They shall be
free of cracks and leaks and defective mortar joints or masonry. Every basement, cellar,
crawlspace, and similar space shall be adequately ventilated to the outside air and adequately
drained.
9.4
Exterior Walls
The exterior walls and their components shall be maintained so as to prevent their deterioration
due to weather or insects and shall be so maintained by:
a. Painting, restoring, or repairing of the walls or flashing;
b. The waterproofing of joints and of the walls themselves.
9.5
Interior Walls and Ceilings
Every wall and ceiling finish shall be maintained in a clean condition free from holes, loose
coverings or other materials or defects which may increase the spread of fire. Where fire resistant
walls exist between separate dwelling units, they shall be maintained in a condition which retains
their fire-resistant quality. Load bearing walls or columns shall be adequate to support the loads
imposed upon them.
9.6
Roofs
All roof construction components shall provide adequate support for all probable loads and form
a suitable base for the roof covering and roof including the facia board, soffit, cornice and flashing,
which shall be maintained in a watertight condition so as to prevent leakage of water into the
dwelling.
TOY 14 - Minimum Housing Standards Bylaw
9.7
Floors
Every floor shall be maintained in good condition. Resilient or non-absorption floorings or
equivalent should be provided in bathrooms, kitchens, and laundry rooms.
9.8
Windows and Doors
a. All exterior openings for doors or windows shall be fitted with doors or windows.
b. Windows, exterior doors and basement or cellar hatchways shall be maintained in good
repair so as to prevent the entrance of wind and all forms of precipitation into the
dwelling.
c. Doors, door frames, window frames, sashes, casings and weather-stripping that have
been damaged or show evidence of rot or other deterioration shall be painted, repaired,
or replaced.
d. Broken glass and missing or defective door and window hardware shall be repaired or
replaced.
e. At least one entrance door in every dwelling unit shall have a locking device so as to be
capable of being locked from both inside and outside the dwelling.
9.9
Porches, Stairs, Balconies
Every porch, stairway, or balcony in or appurtenant to a building shall be maintained in good
repair, free from holes, cracks, excessive wear and defects, which constitute a safety hazard. Stairs
and balconies are to have appropriate handrails or safety rails as prescribed in the National
Building Code.
9.10
Egress
a. Evey dwelling and every dwelling unit within a dwelling shall have a safe, continuous, and
unobstructed passage from the interior of the dwelling and the dwelling unit to the
exterior.
b. Buildings using a fire escape as a secondary means of egress shall have the escape in good
condition, free from obstructions and easily reached through an operable window or door
operable from the inside without requiring keys or specialized knowledge.
c. Any required means of egress shall not pass through a room in another dwelling unit or a
service room.
9.11
Plumbing
All plumbing, pipes and fixtures shall be in sound condition and with proper care, serviceable for
the expected useful life of the building. All water pipes, at all times, shall be protected from
freezing. The plumbing system shall provide a satisfactory hot and cold-water supply, drainage, and
TOY 14 - Minimum Housing Standards Bylaw
venting and operating fixtures.
9.12
Toilet, Kitchen and Sanitary Facilities
Every self-contained dwelling unit shall be provided with at least one kitchen sink, water closet,
wash basin and bathtub or shower connected to a piped water supply and an acceptable means
of sewage disposal.
9.13
Sanitary and Toilet Rooms
All sanitary and toilet rooms shall be located within and accessible from within the dwelling unit
and shall be fully enclosed and have a lockable door to provide privacy; a hand basin shall be located
in the same room as the water closet.
9.14
Kitchens
Every self-contained dwelling unit shall contain a kitchen area equipped with a sink, served with
hot and cold running water, a countertop work area and food storage facilities. Space shall be
provided for a stove and a refrigerator.
a. All appliances supplied by the Landlord are to be maintained in the original working
condition.
9.15
Fireplaces, Fuel-burning Equipment, Chimneys, etc.
a. Every fuel-fired appliance intended for use as a central heating source shall meet the
required CSA Standards.
b. Every chimney, smoke-pipe, flue, and vent shall be installed and maintained in good repair
so as to prevent smoke, fumes or gases from entering the building. Every chimney, smoke-
pipe, flue and vent shall be installed and maintained in good condition so as to prevent
the heating of the adjacent combustible material or structural members to unsafe
temperatures. Equipment that burns fuel in a building shall be effectively vented to the
outside air by means of a chimney, flue, smoke pipe, vent pipe, or a similar duct.
c. 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 and 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.
d. All connections between liquid or gaseous fuel equipment in a dwelling and the source of
the liquid or gaseous fuel, shall be maintained in good repair, and shall meet the
requirements of all applicable standards.
9.16
Heating System
Every building shall be provided with suitable heating facilities for maintaining an indoor ambient
temperature of twenty (20oC) degrees Celsius throughout all occupied area without the use of
TOY 14 - Minimum Housing Standards Bylaw
portable heating devices.
9.17
Electrical
a. Every building to which this Bylaw applies shall be wired for electricity and shall be
connected to an approved electrical supply.
b. The electrical wiring, fixtures, switches, receptacles, and appliances located or used in
every building shall be installed and maintained in good working order so as not to cause
fire or electrical shock hazards. All electrical services shall conform to the regulations
established by the Canadian Electrical Code.
c. Every Bathroom, toilet room, kitchen, laundry room, furnace room, basement, cellar and
non-habitable work or storage room shall be provided with a permanent light fixture and
a conveniently located switch to control the fixture.
d. Lighting fixtures and appliances installed throughout the building and dwellings, including
stairways, corridors, passageways, garages, and basements, shall provide sufficient
illumination so as to avoid health or accidental hazards during normal use.
9.18
Natural Light and Ventilation
All enclosed areas including basements, cellars, crawl spaces, and attics or roof spaces, shall be
ventilated.
Every habitable room and sanitary and toilet rooms shall:
a. Have a door, window, skylight, or translucent panel opening directly to an outside space
capable of providing ventilation; or
b. Where natural ventilation is not provided a means of mechanical ventilation shall be
provided. All mechanical ventilation systems shall be maintained in good working order;
c. All windows required by this Bylaw for purposes of ventilation shall be capable of being
opened to an extent of at least thirty percent (30%) of the glass area required for such
windows. Nothing in this clause, however, shall be deemed to require double windows or
storm windows to be installed so as to permit them to be opened as herein provided,
unless such ventilation is required by the Building Official.
9.19
Smoke Alarm
a. Smoke alarms shall be installed in every building occupied as a residence.
b. Smoke alarms shall be installed on the ceiling of every residence between each sleeping
area and the remainder of the residence; where the sleeping area is served by a hallway,
the smoke alarms shall be installed in the hallway.
c. Smoke alarms installed in a residence shall be maintained at all times in an operating
TOY 14 - Minimum Housing Standards Bylaw
condition.
d. For the purposes of this Section, "smoke alarm" means a devise for sensing the presence
of visible or invisible particles provided by combustion and which:
i.
Automatically initiates a signal indicating the presence of particles produced by
combustion, and
ii.
Bears a label or marking of approval of Underwriters Laboratories of Canada.
e. It shall be an offence for the owner of a building occupied as a residence to fail to install
smoke alarms in accordance with the provisions of this section.
f. It shall be an offence for the occupier of a building, occupied as a residence, to fail to
maintain smoke alarms in accordance with the provisions of this section.
9.20
Carbon Monoxide Alarms
a. Carbon Monoxide alarms shall be installed in every building occupied as a residence and
that also contains:
i.
A fuel-burning appliance, or
ii.
A storage garage.
b. Carbon Monoxide alarms shall be mechanically fixed at the height recommended by the
manufacturer and conform to CAN/CSA-6.19, "Residential Carbon Monoxide Alarming
Devices".
c. Carbon Monoxide alarms installed in a residence shall be maintained at all times in an
operating condition.
10.0
GENERAL
10.1
Shared Facilities
Where a building contains more than one (1) dwelling unit and heating, storage, refuse disposal
and other facilities are shared, renovations, alterations and repairs shall satisfy the requirements
of the Town of Yarmouth Building Bylaw.
10.2
Fire Protection
All construction materials shall satisfy the requirement of the National Building Code in order to
retard the spread of fire and prevent passage of flames, smoke, and hot gases through open or
concealed spaces within the building. Sufficient exits from the building shall be provided to assure
safe egress in case of fire.
TOY 14 - Minimum Housing Standards Bylaw
11.0
DEFINITIONS
In this Bylaw:
a. "Accessory building" means a detached subordinate building on the same lot as the main
building.
b. "Building" means a building, or that portion of a building, containing one or more dwelling
units.
c. "Building Official" means the officer appointed by the Town of Yarmouth to enforce this
Bylaw.
d. "Council" means the Town Council of the Town of Yarmouth.
e. "Dwelling Unit" means a room or suite of rooms operated as a housekeeping unit used or
intended to be used as a domicile by one or more persons and usually containing cooking,
eating, living, sleeping and sanitary facilities.
f. "Exclusive possession" means the occupancy of a dwelling by other than the owner by
notice of a written lease or by notice of the consent of the owner.
g. "Habitable Room" means any room in a dwelling unit used or intended to be used for
living, sleeping, cooking, or eating purposes.
h. "Multiple Dwelling" means a building containing three or more dwelling units.
i.
"Non-Habitable Room" means an area of a building other than a habitable room in a
dwelling or dwelling unit and includes but not limited to the following:
i.
Bathroom or shower room;
ii.
Toilet room;
iii.
Laundry room;
iv.
Boiler or furnace room;
v.
A pantry;
vi.
A closet;
vii.
Corridor or hall;
viii.
Foyer;
ix.
Stairway;
x.
Lobby; and,
xi.
Recreation room used as a common room for all tenants in a building, or other
space used for access, service, or maintenance of the dwelling.
j.
"Occupant" means any person in possession of the property.
k. "Owner" includes the person for the time being managing the lands or premises in
connection whether on their own account or as agent or trustee of another person or who
would so receive rent if such land and premises were let and shall include lessee or
occupant of the property who under the terms of the lease is required to repair and
TOY 14 - Minimum Housing Standards Bylaw
maintain the property in accordance with the standards for maintenance and usage of the
property.
l.
"Property" means any building or structure or part of the building or structure that includes
the lands and premises appurtenant thereto and all mobile homes, mobile buildings,
mobile structures, outbuildings and erections therein whether heretofore or hereafter
erected and includes vacant property.
m. "Repair" includes the provision of such facilities and 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 Bylaw.
n. "Sanitary Room" means a room containing a bathtub or shower with or without a water
closet and basin.
o. "Sewage System" means sanitary sewage system or storm water sewage system suitable
to the Town of Yarmouth.
p. "Shared" means land other than publicly owned land around and appurtenant to the
whole or any part of the building and used or intended to be used or capable of being
used in connection with the building.
q. "Standards" means the standards prescribed in this Bylaw.
r. "Toilet Room" means a room containing a water closet and a wash basin.
s. "Town" shall mean the Town of Yarmouth, Nova Scotia.
t. "Yard" means an unoccupied space on the same lot with a building, extending along the
entire length of the street or rear or interior lot line.
Clerk's Annotation for Official Bylaw Book
Date of Adoption: May 18th, 1983
Date of Approval of Amended Bylaw: October 22nd, 1984
Date of Approval of Amended Bylaw: October 4th, 1995
Date of Approval of Amended Bylaw: May 14th, 2015
Date of Approval of Amended Bylaw: June 10th, 2021
Date of Approval of Amended Bylaw: November 16th, 2023
I certify that this 'Minimum Housing Standards Bylaw' was adopted by Council as indicated above.
Town Clerk:
Date:
TOY 14 - Minimum Housing Standards Bylaw
Amended
Date of First Reading
October 12th, 2023
Notice of Intent to Consider
November 1st & 8th, 2023
Date of Second Reading
November 16th, 2023
Date of Publication
November 29th, 2023
Property Address:
__________________________________________________________________
Date:
__________________________________________________________________
Reason for
Inspection:
__________________________________________________________________
Number of
Occupants:
__________________________________________________________________
Type of Dwelling:
____ Single
____ Duplex ____ Boarding
____ Apartments (Number of Units): ___________________________________
Walks, Driveways,
____ Blocked or Obstructed ____ Poorly Maintained
Steps:
____ Notes
______________________________________________________
Accessory Buildings: ____ Health Hazard ____ Fire Hazard
____ Accident Hazard
____ Notes
______________________________________________________
Garbage Disposal:
____ No Enclosure or Receptacle
____ Stored in Habitable Room
____ Excess - Week of Garbage
____ Notes
______________________________________________________
Structural
____ Unable to
Area of Concern:
Soundness:
Support Weight
____ Foundation
Load
____ Stairs / Deck
____ Damaged
____ Roof
____ Rot
____ Floor
____ Deterioration
____ Notes
______________________________________________________
Dampness:
____ Evidence of Moisture
____ Notes
______________________________________________________
Foundations:
____ Unable to Support Weight
____ Crack and Leaks
____ Defective Mortar Joints
____ Poor Ventilation
____ Notes
______________________________________________________
Exterior Wall:
____ Peeling Paint
____ Water Damage
____ Notes
Minimum Housing Inspection Checklist
Roof:
____ Unable to Support Load
____ Evidence of Water Leak
____ Other
______________________________________________________
Floors:
____ Poor Condition
____ Absorbent Flooring in Bathroom, Kitchen and/or Laundry Room
____ Notes
______________________________________________________
Windows and Doors: ____ Exterior Opening w/o Window or Door
____ Presence of Wind and Rain
____ Broken Glass / Missing Hardware
____ No Locking Device
____ Notes
______________________________________________________
Porches and Stairs:
____ Safety Hazard
____ Notes
______________________________________________________
Egress:
____ Obstructed passage
____ Fire Escape in Poor Condition
____ Egress Passes Through Other Dwelling Unit
____ Notes
______________________________________________________
Plumbing:
____ Poor Condition
____ Evidence of Freezing
____ Lack of Hot / Cold Water
____ Poor Drainage / Venting
____ Notes
______________________________________________________
Sanitary and Toilet:
____ Not located Inside the Dwelling
Missing or Not Connected:
____ Not Enclosed
____ Water Closet
____ No Lock
____ Wash Basin
____ Bathtub / Shower
____ Notes
______________________________________________________
Kitchen:
____ No Area to Work
Missing or Not Connected:
____ No Food Storage
____ Sink
____ Fridge
____ Stove
Source of Heat:
____ Electric ____ Heat Pump
____ Furnace
____ Other
______________________________________________________
Fireplaces / Fuel
____ Does Not Meet CSA Standards
Burning Equipment/ ____ Poor Condition
Chimneys:
____ Poorly Ventilated
____ Not Capable or Maintaining 20oC
____ Notes
______________________________________________________
Electrical:
____ No Electricity
____ Fire / Electrical Shock Hazard
____ Does Not Conform with Canadian Electrical Code
____ Poor Illumination
____ Notes
______________________________________________________
Natural Light and
____ Poor Ventilation of Enclosed Spaces
Ventilation:
____ Poor Ventilation of Habitable Rooms and Sanitary Facilities
____ Notes
______________________________________________________
Smoke Alarms:
____ No Smoke Alarms Installed
____ Smoke Alarms in Poor Condition
____ No Underwriters Laboratories of Canada Marking on Smoke Detectors
____ Notes
______________________________________________________
Carbon Monoxide:
____ No Carbon Monoxide Detectors Installed
____ Carbon Monoxide Detectors in Poor Condition
____ No Underwriters Laboratories of Canada Marking on Carbon Monoxide
Detectors
____ Notes
______________________________________________________
Other Notes / Details from the Inspection:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________