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HomeMy WebLinkAboutRental Premises Standards of Maintenance Bylaw 6550-2008 - 1 - Corporation of the DistrictCorporation of the DistrictCorporation of the DistrictCorporation of the District of Maple Ridge of Maple Ridge of Maple Ridge of Maple Ridge Rental Premises Rental Premises Rental Premises Rental Premises Standards of Maintenance Bylaw NoStandards of Maintenance Bylaw NoStandards of Maintenance Bylaw NoStandards of Maintenance Bylaw No. 6550. 6550. 6550. 6550----2008200820082008 A bylaw to prescribe standards for the maintenance of rental residential premises. ______________________________________________________________________________ The Municipal Council of the Corporation of the District of Maple Ridge enacts as follows: PART 1 PART 1 PART 1 PART 1 ---- TITLE AND INTERPRETATION TITLE AND INTERPRETATION TITLE AND INTERPRETATION TITLE AND INTERPRETATION 1 1 1 1 ---- Title Title Title Title This bylaw may be cited as the Rental Premises Standards of Maintenance Bylaw No. 6550- 2008 2 2 2 2 ---- Definitions Definitions Definitions Definitions In this bylaw, the definitions in the Local Government Act, the Community Charter and Interpretation Act govern, and the following definitions apply: BBBBathroomathroomathroomathroom means a room containing at least one toilet and toilet tank and one hand basin, one bathing fixture, and constructed so that complete privacy is available to the user; BBBBeddingeddingeddingedding means sheets, blankets, pillows and pillow cases; BBBBuildinguildinguildinguilding means any structure used or intended for supporting or sheltering any use or occupancy; Building OfficialBuilding OfficialBuilding OfficialBuilding Official includes the Chief Building Official, Building Inspectors, Gas/Plumbing Inspectors, Electrical Inspectors, Trades Inspectors, Safety Officers and Plan Checkers designated by the Building Bylaw of the Corporation of the District of Maple Ridge. CCCCommunity ommunity ommunity ommunity KKKKitchenitchenitchenitchen means a room not part of a dwelling unit or housekeeping unit and designed or intended for the use of the preparation of food; CCCCooking ooking ooking ooking FFFFacilityacilityacilityacility means an approved appliance in or upon which food may be heated; DDDDwelling welling welling welling UUUUnitnitnitnit means one or more self-contained rooms provided with sleeping, cooking and sanitary facilities, intended for domestic use, and used or intended to be used permanently or semi-permanently as a residence; HHHHand and and and BBBBasinasinasinasin means a plumbing fixture primarily intended for the washing of hands, with hot and cold water connected thereto; HHHHousekeeping ousekeeping ousekeeping ousekeeping UUUUnitnitnitnit means a sleeping unit containing a sink and cooking facility; LLLLandlordandlordandlordandlord includes lessor, sublessor,, owner or other person permitting the occupation of rental premises, and his/her heirs, assigns, personal representatives and successors in title and a person, other than a tenant occupying the premises, entitled to possession of the rental premises; PPPPersonersonersonerson includes a corporation, partnership or party, and the personal or other legal representatives of a person ; - 2 - RRRRental ental ental ental UUUUnit nit nit nit means a residential living accommodation of any kind rented or intended to be rented to a tenant under a tenancy agreement and includes, without limitation, a dwelling unit, a sleeping unit or a housekeeping unit. RRRRental ental ental ental PPPPremremremremisesisesisesises includes: (a) a rental unit; (b) a building or related group of buildings in which one or more rental units are located; (c) the parcel or parcels of real property on which a building or related group of buildings containing one or more rental units are located RRRRepairepairepairepair includes replacing, making additions or alterations or taking action required for the premises to conform to the standards prescribed by this bylaw; SSSSanitary anitary anitary anitary FFFFacilitiesacilitiesacilitiesacilities means any toilet and toilet tank, urinal, bathtub, shower or hand basin; SSSSinkinkinkink means a plumbing fixture, primarily intended for the washing of dishes and utensils, connected to both hot and cold water; SSSSleeping leeping leeping leeping UUUUnitnitnitnit means one or more rooms equipped to be used for sleeping and sitting purposes only, with no cooking or sanitary facilities; TTTTenancy enancy enancy enancy AAAAgreementgreementgreementgreement means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of residential premises or occupation of a room or premises in a hotel; TTTTenantenantenantenant means a person or persons who have the right of exclusive possession of residential premises under a tenancy agreement. PART 2 PART 2 PART 2 PART 2 ---- ADMINISTRATION AND ENFORCEMENT ADMINISTRATION AND ENFORCEMENT ADMINISTRATION AND ENFORCEMENT ADMINISTRATION AND ENFORCEMENT 3 3 3 3 ---- Application Application Application Application This bylaw applies to rental premises in the Corporation of the District of Maple Ridge. 4 4 4 4 ---- Responsibility for Administration Responsibility for Administration Responsibility for Administration Responsibility for Administration The Building Official is authorized to administer this bylaw. 5 5 5 5 ---- Building Official's Right of Entry Building Official's Right of Entry Building Official's Right of Entry Building Official's Right of Entry The Building Official is authorized, subject to s.16 of the Community Charter, to enter, at all reasonable times on any property that is subject to this bylaw to ascertain whether the requirements of this bylaw are met. The Building Official shall, on request, show proper identification. 6 6 6 6 ---- Notice to Comply to Bylaw Standards Notice to Comply to Bylaw Standards Notice to Comply to Bylaw Standards Notice to Comply to Bylaw Standards The Building Official may direct an owner, whose rental premises fails to meet the requirements of this bylaw, to remedy the non-compliance within the time stated by the Building Official in a written notice to comply delivered to the owner. - 3 - 7 7 7 7 ---- Penalties Penalties Penalties Penalties A person who contravenes this bylaw commits an offence and upon summary conviction, is punishable in accordance with the Offence Act. 8 8 8 8 ---- Owner's Duties and Obligations Owner's Duties and Obligations Owner's Duties and Obligations Owner's Duties and Obligations An owner of Rental Premises shall maintain the Rental Premises in accordance with the standards prescribed in this bylaw. 9 9 9 9 ---- Severability Severability Severability Severability In the event that any portion of this bylaw is declared ultra vires by a Court of competent jurisdiction, then such portion shall be deemed to be severed from the bylaw to that extent and the remainder of the bylaw shall continue in force and effect. 10 10 10 10 ---- Compliance With Other Bylaws Compliance With Other Bylaws Compliance With Other Bylaws Compliance With Other Bylaws Compliance with this bylaw does not excuse an owner or any Person from the requirement to comply with all other municipal bylaws and regulations. PART 3 PART 3 PART 3 PART 3 ---- MAINTENANCE STAN MAINTENANCE STAN MAINTENANCE STAN MAINTENANCE STANDARDS DARDS DARDS DARDS 11 11 11 11 ---- Structural Integrity Structural Integrity Structural Integrity Structural Integrity Buildings and their structural frame work shall be maintained in good repair and in a manner that provides sufficient structural integrity so as to safely sustain its own weight and any additional loads and influences to which it may be subjected through normal use. 12 12 12 12 ---- Foundations Foundations Foundations Foundations Foundation walls and concrete slabs on ground shall be maintained in good repair and so as to control the entrance of moisture. 13 13 13 13 ---- Exterior Walls Exterior Walls Exterior Walls Exterior Walls (1) Exterior walls and their components shall be maintained; (a) in good repair, (b) weather tight, (c) free from loose or unsecured objects and materials, and (d) in a manner so as to prevent or retard deterioration due to weather or infestations. (2) Canopies, marquees, awnings, screens, fire escapes, pipes, ducts, air conditioners and all other similar equipment, attachments, extensions and their supporting members shall be maintained in good repair, properly and safely anchored and protected against deterioration and decay. (3) Exterior wall facings, projections, cornices and decorative features shall be maintained in good repair, and shall be safely and properly anchored. - 4 - (4) Mechanical ventilating systems and their supporting attachments to the Building Structure shall be maintained in good repair and in a safe mechanical condition. 14 14 14 14 ---- Exterior Doors and Windows Exterior Doors and Windows Exterior Doors and Windows Exterior Doors and Windows (1) Exterior doors, and windows, skylights, and hatchways shall be maintained in good repair and weather tight. in order to prevent leakage of water into the premise. (2) Openings in exterior walls, other than doors and windows, shall be effectively protected to prevent the entry of rodents, insects or vermin. (3) Latching and locking devices on separate entrances to the rental premises, shall be maintained in good working order. Latching and locking devices on windows shall be maintained in good working order. 15 15 15 15 ---- Roofing Roofing Roofing Roofing (1) The roof, including the flashing, fascia, soffit, and cornice shall be maintained in a weather-tight condition so as to prevent leakage of water into the rental premises. 16 16 16 16 ---- Stairs, Balconies and Porches Stairs, Balconies and Porches Stairs, Balconies and Porches Stairs, Balconies and Porches (1) Stairways, balconies or porches and landings shall be maintained; (a) in a safe and clean condition, (b) in good repair, and (c) free from holes, cracks, excessive wear and warping, and hazardous obstructions. 17 17 17 17 ---- Basements Basements Basements Basements (1) Basement floor drains shall be maintained in good condition. (2) Floors in a basement shall be kept dry and free from major cracks, breaks or similar conditions which would create an accident or hazard or allow the entrance of water into the basement. 18 18 18 18 ---- Floors Floors Floors Floors (1) Floors shall be maintained in a clean condition, reasonably smooth and level and free of loose, warped or decayed boards, depressions, protrusions, deterioration or other defects which may create health, fire or accident hazards. (2) Where floors are covered, the covering shall be maintained in a safe condition. (3) Shower room floors, toilet room and bathroom floors shall be covered with moisture resistant floor finishes, and in such condition as to permit easy cleaning. 19 19 19 19 ---- Walls and Ceilings Walls and Ceilings Walls and Ceilings Walls and Ceilings (1) Interior walls and ceilings shall be maintained in good repair and free from holes, or loose or broken plaster that may create health, fire or accident hazards. - 5 - 20 20 20 20 ---- Plumbing and Plumbing Fixture Plumbing and Plumbing Fixture Plumbing and Plumbing Fixture Plumbing and Plumbing Fixturessss (1) All plumbing, including plumbing fixtures, drains, vents, water pipes, toilets and toilet tanks and connecting lines to the water and sewer system, shall be maintained in good working order and repair, free from leaks or other defects and protected from freezing. (2) Every Hand Basin and bathtub, shower and Sink shall have an adequate supply of hot and cold running water and every toilet and toilet tank shall have an adequate supply of running water. Hot water shall be supplied at minimum temperature of 45 C (113 F) and a maximum of 60 C (140 F). 21 21 21 21 ---- Gas Appliances and Systems Gas Appliances and Systems Gas Appliances and Systems Gas Appliances and Systems (1) All gas systems and appliances shall be maintained in safe working order and repair. (2) All systems of appliance venting shall be maintained in safe working order so as to prevent the creation of a health, fire or accident hazard. 22 22 22 22 ---- Heating Systems Heating Systems Heating Systems Heating Systems (1) Heating equipment shall be maintained in a safe and good working condition so as to be capable of safely attaining and maintaining an adequate temperature standard, free from fire and accident hazards and in all rental premises capable of maintaining every room at a temperature of 22 C (72 F) measured at a point 1.5 meters (5 feet) from the floor, and in the centre of the room. (2) Where heating equipment or part of it or any auxiliary heating system burns solid or liquid fuel, a place or receptacle for the storage of such fuel shall be provided and safely maintained in a convenient location and so constructed as to be free from fire or accident hazards. 23 23 23 23 ---- Electri Electri Electri Electrical System and Lightingcal System and Lightingcal System and Lightingcal System and Lighting (1) Electrical wiring and lighting equipment, including circuits, fuses, circuit breakers, electrical equipment and electrical heating systems shall be maintained in good working order. (2) Adequate levels of artificial lighting shall be maintained in good working order in all rental accommodation. 24 24 24 24 ---- Ventilation Ventilation Ventilation Ventilation (1) All systems of ventilation, mechanical or natural shall meet the manufacturers installation requirements, and be maintained in good working order. 25 25 25 25 ---- Interior F Interior F Interior F Interior Fire and Health Safety Hazardsire and Health Safety Hazardsire and Health Safety Hazardsire and Health Safety Hazards (1) Walls, floors and roof constructions, including fire protective closures, sprinkler systems, including fire alarm, and detection systems and other means of fire protection, shall be maintained so that they provide the fire resistive properties and protection for which they were designed. - 6 - 26 26 26 26 –––– Maintenance of Services and Utilities Maintenance of Services and Utilities Maintenance of Services and Utilities Maintenance of Services and Utilities (1) No owner or anyone acting on the owner’s behalf shall disconnect or cause to be disconnected any service or utility providing light, heat, air conditioning, refrigeration, water or cooking facilities for any rental premises occupied by a tenant, except for such reasonable period of time as may be required for the purpose of repairing, replacing or altering the service or utility, and then only during the reasonable minimum time that the action is necessary. (2) Any person liable for any service or utility rates shall be deemed to have caused a disconnection, shutting off, removal or discontinuance of the service or utility if the person fails to pay the rates and, as a result of the non-payment, the service or utility is no longer provided. PART 4 PART 4 PART 4 PART 4 ---- EFFECTIVE DATE EFFECTIVE DATE EFFECTIVE DATE EFFECTIVE DATE 26 26 26 26 ---- Effective Date Effective Date Effective Date Effective Date This bylaw shall come into effect upon its adoption. READREADREADREAD a first time on the 7th day of April, 2008. READREADREADREAD a second on time the 24th day of June, 2008. READREADREADREAD a third time on the 24th day of June, 2008. RECONSIDEREDRECONSIDEREDRECONSIDEREDRECONSIDERED and ADOPTEDADOPTEDADOPTEDADOPTED this 22nd day of July, 2008. MAYORMAYORMAYORMAYOR CORPORACORPORACORPORACORPORATE OFFICERTE OFFICERTE OFFICERTE OFFICER