HomeMy Public PortalAbout701-24 Maintenance and Occupancy Standards By-lawA BY-LAW FOR MAINTENANCE AND OCCUPANCY STANDARDS
FOR RESIDENTIAL PROPERTIES WITHIN SUSSEX
BY-LAW # 701-24
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The Council of Sussex, under authority vested in it by Section 10 (1) (e) of the Local
Governance Act, R.S.N.B. 2017, Chapter 18 and amendments thereto, enacts as
follows:
1. TITLE
This by-law may be cited as a By-law for Maintenance and Occupancy Standards
for Residential Properties within Sussex.
2. GENERAL
The provisions of this by-law apply to the entire area within the limits of Sussex.
3. DEFINITIONS
In this by-law,
1. "Building Inspector" means an officer appointed by Council as
Building Inspector;
2. "by-law enforcement officer" means a by-law enforcement officer,
inspection officer or standards officer appointed under this By-law and
designated by resolution of Common Council;
3. "Clerk" means the Clerk of Sussex;
4. "code" means the Residential Properties Maintenance and Occupancy
Code annexed as Schedule A to the Residential Properties Maintenance
and Occupancy Code Approval Regulation - Municipalities Act, New
Brunswick Regulation 84-86, under the Municipalities Act, and
amendments thereto;
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5. "Council" means the Council of Sussex;
6. "dwelling" means a building any part of which is used or is intended to
be used for the purposes of human habitation, whether or not the
building is in such state of disrepair so as to be unfit for such purpose ;
7. "dwelling unit "means one or more rooms located within a dwelling
and used or intended to be used for human habitation by one or more
persons;
8. "exit" means that part of a means of egress, including doorways, that
leads from the floor area it serves, to a separate building, an open
public thoroughfare, or an exterior open space protected from fire
exposure from the building and having access to an open public
thoroughfare;
9. 'flame spread rating" means an index or classification indicating the
extent of spread -of- flame on the surface of a material or an assembly of
materials as determined in a standard fire test as prescribed in the
National Building Code;
10. "guard" means a protective barrier around openings in floors or at the
open sides of stairs, landings, balconies, mezzanines, galleries, raised
walkways or other locations to prevent accidental falls from one level
to another;
11. "means of egress" means a continuous path of travel provided for the
escape of persons from any point in a building or contained open space
to a separate building, an open public thoroughfare, or an exterior open
space protected from fire exposure from the building and having access
to an open public thoroughfare;
12. "municipality" means the town of Sussex;
13. "national building code" means that current, most updated edition
and parts of the National Building Code of Canada adopted by the
Province of New Brunswick and the Common Council of Sussex;
14. "occupier"means a person who is leasing a occupant dwelling or
dwelling unit from another person;
15. "Order" means an Order to Comply issued by a by-law enforcement
officer in the form prescribed in Schedule "A" of this By-law;
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16 "owner" means any person entitled to any freehold or other estate or
interest in land, at law or in equity, in possession, or in futurity or
expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant,
occupant, licensee, permittee or any other person having care, control,
domain and management over the premises or who receives any rent
or pays municipal taxes in respect thereof;
17. "premises" means land with all its appurtenances and structures
thereon;
18. "property" includes premises, a building or structure;
19. "qualified engineer" means a professional engineer registered with
the Association of Professional Engineers and Geoscientists of New
Brunswick (APEGNB) who has established competence in the subject
being addressed; and
20. "structure" means any construction composed of one or more parts or
members, joined together in some definite manner.
4. INTERPRETATION
1. Rules for interpretation of the language used in this By-law are contained in
the lettered paragraphs as follows:
a) The captions, article and section names and numbers appearing in this By-
law are for convenience of reference only and have no effect on its
interpretation.
b) This By-law is to be read with all changes of gender or number required
by the context.
c) Each reference to legislation in this By-law is printed in Italic font. The
reference is intended to include all applicable amendments to the
legislation, including successor legislation. Where this By-law references
other by-laws of Sussex, the term is intended to include all applicable
amendments to those by- laws, including successor by-laws.
d) The requirements of this By-law are in addition to any requirements
contained in any other applicable by-laws of Sussex or applicable
provincial or federal statutes or regulations.
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e) If any section, subsection, part or parts or provision of this By-law, is for
any reason declared by a court or tribunal of competent jurisdiction to be
invalid, the ruling shall not affect the validity of the By-law as a whole, nor
any other part of it.
5. ADOPTION OF CODE
1, The code is hereby adopted and incorporated by reference in this By-law.
2. Where there is conflict between the code and this By-law, the higher standard
shall apply.
6. APPOINTMENT OF BY-LAW ENFORCEMENT OFFICERS
1. Council may, for the purposes of the administration and enforcement of this
By- law, appoint by-law enforcement officers who may exercise such powers
and perform such duties as may be set out in this By-law, the code or the
Local Governance Act.
7. INSPECTIONS
1. A by-law enforcement officer appointed under this By-law may carry out any
inspection that is necessary for the administration or enforcement of this By-
law.
8. GENERAL DUTIES & OBLIGATIONS
1. No owner shall permit the use of, rent or offer to rent any building or part
thereof that does not conform to the standards established by this By-law.
2. A person who is leasing a dwelling unit to another person shall affix a number
or a letter or a combination of both numbers and letters to the entrance door
to every dwelling unit, which can be easily seen and read by persons
providing emergency services.
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9. RESPONSIBILITIES OF OCCUPANTS
1. Every occupier ofa dwelling or dwelling unit shall maintain that part of the
premises which he controls or occupies in a reasonably clean, sanitary, and
safe condition.
2. An occupier shall not obstruct an exit over which he has control.
10. COOKING FACILITIES
1. Where a dwelling unit is provided with cooking facilities:
a. the unit must be equipped with a sink with hot and cold running water;
and
b. the unit must have a floor area of at least 11.2 square metres if the unit is
occupied by only one person.
2. A kitchen used by the occupiers of more than one dwelling unit shall contain a
sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres
of space for each occupier.
11. PLUMBING
1. Every dwelling and dwelling unit shall contain plumbing which shall meet the
standards and requirements of the national building code.
2. Sewage shall be discharged into a sewer system.
3. Inadequately treated sewage shall not be discharged into the surface of the
ground, whether into a natural or artificial surface drainage system or
otherwise
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12. TOILET, WASH & OTHER SANITARY FACILITIES
1. Toilet rooms, bathrooms and shower rooms serving more than one dwelling
unit shall be accessible from a public hallway.
2. Toilet rooms, bathrooms and shower rooms shall be fully enclosed and have
doors that are capable of being locked from the inside only.
These rooms shall provide privacy to the residents.
13. GARBAGE, STORAGE & DISPOSAL
1. Every dwelling unit shall be provided with such receptacles as may be
necessary to contain all garbage, rubbish and ashes that accumulate therein
or in the yard.
2. Receptacles mentioned in subsection (1] shall:
a) be made of plastic or metal;
b) be made of watertight construction;
c) be provided with a tight -fitting cover; and
d) be maintained in a clean state.
3. Garbage, rubbish and ashes shall be promptly stored in receptacles described
4. in subsection (2), and shall be removed therefrom in accordance with the
provisions of Sussex Solid Waste By -Law.
5. Materials of an inflammable nature shall be safely stored or removed at once
from the residential property.
14. FIRE PROTECTION MEASURES
1. Every owner shall provide fire separations between adjacent units, hallways,
exit paths, and floor assemblies by a fire separation having a fire resistance
rating of not less than that required by the national building code.
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2. Furnace rooms, service rooms, storage rooms, and garages must be separated
from the remainder of the dwelling by a fire separation having a fire
resistance rating of not less than that required by the national building code.
3. Every owner of a dwelling shall install and maintain a smoke alarm in good
working order within 5 metres of every bedroom and at least one smoke
alarm is to be provided on every floor level.
4. An occupier shall not disconnect or remove smoke alarms or remove
batteries of smoke alarms within their dwelling or dwelling unit.
5. Every owner of a dwelling shall provide that all exposed interior surfaces
shall have a flame spread rating of not more than 150 as per Appendix D of
the national building code, except whereas permitted by the national building
code.
6. Every owner of a dwelling not provided with sprinkler protection shall
provide each bedroom with one exterior window openable from the inside
without the use of tools or special knowledge and shall provide unobstructed
opening with areas not less than 0.35 square metres and with no dimension
less than 380 millimetres.
15. EGRESS
1. Every dwelling unit shall have safe, continuous and unobstructed access to
exits.
2. There shall be provided two means of egress from every floor area in a
dwelling. Separate exits in opposite directions must be available from an
egress door from a dwelling unit which opens onto a corridor or exterior
passageway, unless the dwelling unit has a second and separate means of
egress.
3. Where a dwelling unit has a direct access to an exit at street or grade level, a
single exit is permitted, provided that the exit serves only that dwelling unit.
4. Where an occupier must travel more than one flight of interior stairs to
access an exit, the dwelling unit must be provided with a second exit.
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16. FLOORS
1. Every floor shall not have a slope of more than 10 millimetres in 2 metres.
2. Every owner shall provide and maintain in good repair guards around
openings in interior floors, exterior decks, landings, porches, and balconies
and at the open side of stairs, and shall be:
a) not less than 900 millimetres in height in the case of stairways and
interior floor openings, and not less than 1070 millimetres in height in
all other cases;
b) spaced not greater 100 millimetres apart; and
c) not facilitate climbing,
17. HABITABLE ROOMS
1. A non -habitable room shall not be used as a habitable room.
2. A dwelling unit shall have a least 9.3 square metres of habitable room floor
area for each person resident therein.
3. Subject to subsection (5), a habitable room used for sleeping purposes shall
have a floor area of at least
a) 5.6 square metres, if so used by only one person; and
b) 3.5 square metres per person, if so used by more than one
person.
4. A habitable room shall be 2.2 metres in height over at least one half of the
floor area.
5. For the purposes of computing a floor area under subsection (3), any part of
the floor under a ceiling that is less than 1.5 metres above the floor shall not
be counted.
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18. BASEMENTS, CELLARS & UNHEATED CRAWL SPACES
1. Basements, crawl spaces or cellars shall be kept dry of water on floors by use
of caves ventilation, floor drains or other approved means
19. WATER DAMAGE
1. Any building component which has been subjected to water damage shall be
repaired or replaced.
20. DOORS & WINDOWS
1. Rotted or damaged doors, door frames, window frames, sashes and casings,
weather- stripping, broken glass and defective door and window hardware
shall be repaired or replaced.
2. All windows intended to be opened and all exterior doors in a dwelling unit
shall have hardware which will allow them to be locked or otherwise secured
from inside the building.
3. At least one entrance door to a dwelling unit shall have hardware which
permits the door to be locked or secured from both inside and outside of the
unit.
21. EXTERIOR WALLS
1. Exterior walls and exterior openings shall be maintained in good repair and
weatherproofed to prevent the entrance of wind or precipitation into the
dwelling.
2. Cornices and flashing shall be maintained in a water -tight condition so as to
prevent leakage of water into the dwelling.
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22. STAIRS, PORCHES & LANDINGS
1. Every porch, balcony, exterior fire escape, deck, landing, exit stairs and
exterior stairs must be provided with a suitable foundation that extends 1.2
metres below grade or to solid bedrock or has been designed by a qualified
engineer.
2. Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior
stairs and supporting structural member shall be maintained so as to be free
of rot, deterioration or other defects.
3. Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior
stairs and supporting structural member shall be treated with paint or stain
or other suitable means as required to prevent deterioration.
23. HANDRAILS
1. Every owner shall provide and maintain handrails in good repair, and shall
be:
a) provided on at least one side of stairs which are less than 1100
millimetres in width;
b) provided on two sides of stairs which are 1100 millimetres in width or
greater;
c) continuous throughout the length of the stairway, except where
interrupted by doorways or newel posts at changes in direction; and
d) not less than 800 millimetres in height, and not more than 965
millimetres in height.
24. RETAINING WALLS
1. All retaining walls and barriers shall be:
a) kept in good repair;
b) free from accident hazards; and
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c) protected by paint, preservative or other weather -resistant material.
2 5. YARDS
1. A yard shall
a) be properly graded to ensure rapid drainage of storm water therefrom
to prevent ponding therein or the entry of water into a basement or
cellar;
b) be kept reasonably clean and free from rubbish or other debris and
from objects, holes, excavations, or other conditions that might create a
health, fire or accident hazard; and
c) be maintained free of rag weed, poison ivy, poison sumac and other
noxious plants.
26. SIGNS
1. All signs and billboards including their supporting members shall be
maintained in good repair and any signs which are excessively weathered or
faded, or those upon which the paint has excessively peeled or cracked, shall
be removed, repainted or replaced.
27. AIR CONDITIONERS & PROJECTIONS
1. All air conditioners shall be securely anchored and maintained in a safe
mechanical and electrical condition.
2. All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar
projections, shall be maintained in good repair, properly anchored and
protected against decay or deterioration.
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28. ORDER TO COMPLY
1. Where the condition of the premises, dwelling, dwelling unit or structure
does not comply with this By-law, a by-law enforcement officer may notify
the owner or occupier of the premises, dwelling, dwelling unit or structure by
issuing an Order which shall:
a) be in writing;
b) be signed by the by-law enforcement officer;
c) state the manner in which the premises, dwelling, dwelling unit or
structure does not comply with this By- law;
d) state what must be done to correct the condition;
e) state the date before which the condition must be corrected; and
if an appeal may be brought under subsection 31(1), state the final date
for giving notice of the appeal.
2. An Order referred to in subsection 29(1) shall be given:
a] if the person to be notified is an individual, by personal delivery on the
individual or by posting the Order in a conspicuous place on the premises,
dwelling, dwelling unit or structure, or
b) if the person to be notified is a corporation, by personal delivery on an
officer, director or agent of the corporation or on a manager or person
who appears to be in control of any office or other place of business where
the corporation carries on business in New Brunswick or by posting the
Order in a conspicuous place on the premises, dwelling, dwelling unit or
structure.
29. ADMISSIBLE EVIDENCE
1. Proof of giving an Order in a manner provided for in subsection 29
a) may be made by a certificate or an affidavit purporting to be signed by the
by-law enforcement officer referred to in subsection 29
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b) naming the person to whom the Order was given and specifying the time,
place and manner in which the Order was given.
2. A document purporting to be a certificate under subsection 30(2) shall be:
a) admissible in evidence without proof of signature, and
b) conclusive proof that the person named in the certificate received the
Order.
3. In any prosecution for a violation under this By-law, where proof of the giving
of an Order is made as prescribed under subsection 30(1), the burden of
proving that one is not the person named in the certificate or affidavit shall be
upon the person charged.
4. An Order given under subsection 29 (2) and purporting to be signed by a by-
law enforcement officer shall be:
a) received in evidence by any court in the Province without proof of the
signature,
b) proof in the absence of evidence to the contrary of the facts stated in the
Order, and
c) in a prosecution for a violation under this By-law, proof in the absence of
evidence to the contrary that the person named in the Order is the owner
or occupier of the premises, dwelling, dwelling unit or structure in respect
of which the Order was given.
30. APPEALS
1. An owner or occupier of the premises, dwelling, dwelling unit or structure
who has been given an Order under subsection 29 and who is not satisfied
with the terms or conditions set out in the Order may appeal to the
appropriate committee of Council by sending a notice of appeal by registered
mail to the Clerk of Sussex within 14 days after having been given the Order,
2. An Order that is not appealed within the time referred to in subsection 31(1)
shall be deemed to be confirmed.
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3. On an appeal, the committee of Council shall hold a hearing into the matter at
which the owner or occupier bringing the appeal has a right to be heard and
may be represented by counsel.
4. On an appeal, the committee of Council may confirm, modify or rescind the
Order or extend the time for complying with the Order.
5. The committee of Council shall provide a copy of its decision to the owner or
occupier of the premises, dwelling, dwelling unit or structure who brought
the appeal within 14 days after making its decision.
6. An Order that is deemed to be confirmed under subsection 31(2) or that is
confirmed or modified by the committee of Council under subsection 31(4),
as the case may be, shall be final and binding upon the owner or occupier who
shall comply within the time and in the manner specified in the Order.
7. An appeal does not prevent a further Order from being given under
subsection 29(2) in relation to a condition referred to in the Order that is the
subject of the appeal if there has been a change in the condition.
31. OFFENCES
1. A person who fails to comply with the terms of an Order given under
subsection 29(2) commits an offence that is, subject to subsections 32(2) and
32(3), punishable under Part II of the Provincial Offences Procedure Act as a
category F offence.
2. Despite subsection 56(6) of the Provincial Offences Procedure Act, the
minimum fine that may be imposed by a judge under that Act in respect of an
offence under subsection 32(1) shall be $1,000.
3. If an offence under subsection 32(1)
a) the minimum fine that may be imposed is the sum of
(i) one thousand dollars, and
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(ii) the minimum fine set by the Provincial Offences Procedure Act for
a category F offence multiplied by the number of days during
which the offence continues after the first day, and
b) the maximum fine that may be imposed is the maximum fine set by the
Provincial Offences Procedure Act for a category F offence multiplied by the
number of days during which the offence continues.
4. The conviction of a person under this section does not operate as a bar to
further prosecution for the continued neglect or failure on his or her part to
comply with the provisions under this By-law.
32. BUILDING INSPECTOR
1. The Building Inspector is hereby designated as the officer responsible for the
administration and enforcement of this by-law.
33. PLURAL OR FEMININE TERMS
1. Plural or feminine terms may apply whenever the singular, masculine or
feminine is used in this by-law. It shall be considered as if the plural,
feminine or masculine has been used where the context of the party or parties
hereto so requires.
34. VALIDITY
1. The invalidity of any Section, subsection, clause, sentence or provision of this
by-law shall not affect the validity of any other Section, subsection, clause,
sentence or provision of this by-law which can be given effect without such
parts.
Mayor
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35. BY-LAW REPEALED
1. The repeal ofA By -Law For Maintenance and Occupancy Standards For
Residential Properties By -Law #701-19 enacted on the 19th day of February
2019 and amendments thereto shall not affect any penalty, forfeiture or
liability, incurred before such repeal or any proceeding for enforcing the
same completed or pending at the time of repeal; nor shall it repeal, defeat,
disturb, invalidate or prejudicially affect any manner or thing whatsoever
completed, existing or pending at the time of repeal
2. A by-law entitled "A By -Law For Maintenance and Occupancy Standards For
Residential Properties, By -Law # 701-19", enacted on the 19th day of
February, 2019, and amendments thereto, is repealed.
FIRST READING BY TITLE February 20, 2024
SECOND READING BY TITLE February 20, 2024
READ IN ENTIRETY
THIRD READING BY TITLE AND ENACTED
ch 18, 2024
March 18, 2024
Town Clerk
SUSSEX
A BY-LAW FOR MAINTENANCE AND OCCUPANCY STANDARDS
FOR RESIDENTIAL PROPERTIES
BY-LAW # 701-24
SCHEDULE "A"
ORDER TO COMPLY
Property Information
Parcel Identifier:
Civic Address:
Owner(s) or Occupier(s)
Name:
Address:
Local Government issuing order: Sussex
By-law contravened:
SUSSEX MAINTENANCE AND OCCUPANCY STANDARDS BY-LAW,
BYLAW 701-24
Provision(s) contravened:
Description of condition(s) / Remedy or remedies required:
A BY-LAW FOR MAINTENANCE AND OCCUPANCY STANDARDS
FOR RESIDENTIAL PROPERTIES BYLAW # 701-24
SCHEDULE A - ORDER TO COMPLY
Date by which the remedy or remedies
must occur:
Date by which notice may be appealed:
Process to appeal:
Send a notice of appeal by registered mail to
Town Clerk, Sussex
524 Main Street
Sussex NB
E4E 3E4
Potential penalty for non --compliance within specified time:
Dated at
the day of , 20 .
Signature of By-law Enforcement Officer:
Contact information of By-law Enforcement Officer:
Name:
Mailing address: Telephone:
524 Main Street,
Sussex, NB
E4E 3E4
Email: