SECTION 2                                                   DEFINITIONS

2.         That the following definitions shall apply:

ACCESSORY BUILDING

a)         means a detached building or structure, the use of which is customarily incidental and subordinate to a principal use, building or structure and located on the same lot therewith;  or,

b)         means an attached building or structure the use of which is an accessory to that of the main building and shall include swimming pools, private greenhouses, patio shelters and carports.

APPROVED

as applied to a grade, material, device or method of construction, means:

approved by the Property Standards Officer under the provisions of this by-law; 

approved by the Building Inspector under the provisions of the Building Code; 

approved by the Fire Chief under the provisions of the Fire Code; or,

approved by any other authority designated by law to give approval to the matter in question.

BALUSTRADE

means a row of balusters or spindles surmounted by a railing.

BASEMENT

means that portion of a building between two floor levels which is partly underground but which has a least one-half of its height, from finished floor to finished ceiling, above the adjacent finished grade level adjacent to the exterior walls of the building for at least seventy-five percent of the building perimeter.

BATHROOM

means a room containing at least a bathtub or shower with or without a water closet and basin.

BUILDING

means a)         a structure occupying an area greater than ten square metres consisting of a wall, roof and floor or any of them or a structural system serving the function thereof including all plumbing, works, fixtures and service systems appurtenant thereto,

            b)         a structure occupying an area of ten square metres or less that contains plumbing, including the plumbing appurtenant thereto,

            c)         plumbing not located in a structure,

            c.1)       a sewage system; or

            d)         structures designated in the building code

CELLAR

means that portion of a building between two floor levels which is partly or wholly underground and which has more than one-half of its height, from finished floor to finished ceiling, below the adjacent finished grade level for at least seventy-five percent of the building perimeter.

CHIEF OF THE FIRE DEPARTMENT

means a Fire Chief appointed by the Municipality.

COMMITTEE

means a Property Standards Committee established under Section 15.6 of the Building Code Act, as set out in this by-law.

CORPORATION

means The Corporation of the Municipality of Arran-Elderslie.

CRAWL SPACE

means a space beneath a floor with clearance of less than those required for basements or cellars.

DWELLING

means a building or structure or part of a building or structure occupied or capable of being occupied for human habitation, and includes a building that would be or could be intended to be used for such purpose except for its state of disrepair and includes the land and premises appurtenant thereto and all outbuildings, fences or erections thereon or therein and shall include any mobile dwelling unit.

DWELLING UNIT

means a suite of two or more rooms, designed or intended for use by one family only, in which sanitary conveniences are provided, in which facilities are provided for cooking, or the installation of cooking equipment, in which heating system is provided and containing a private entrance from outside the building or from a common hall or stairway inside.

FINISHED GRADE LEVEL

means the average elevation of the finished surface of the ground abutting the external walls of the building or structure, exclusive of any embankment in lieu of steps.

FIRE RESISTANCE RATING

means time in hours or parts thereof that a material construction or assembly will withstand fire exposure, as determined in a fire test made in conformity with generally accepted standards, or as determined by extension or interpretation of information derived therefrom.

GROUND COVER

means organic or non-organic materials applied to prevent the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or other forms of landscaping.

HABITABLE ROOM

means a room designed for living, sleeping, eating or food preparation including a den, library, sewing-room or enclosed sunroom.

MAINTENANCE

means the preservation and keeping in good repair of a property.

MEANS OF EGRESS

means a continuous path of travel provided by a doorway, hallway, corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility for the escape of persons from any point within a building, floor area, room or contained open space to a public thoroughfare or approved open space.

MEDICAL OFFICER OF HEALTH

means the Medical Officer of Health for Bruce-Grey-Owen Sound Health Unit, or the chief medical officer for any successor organization to the Bruce-Grey-Owen Sound Health Unit having jurisdiction over public health in the municipality or region within which the Municipality is situate

MULTIPLE DWELLING

means a building containing three or more dwelling units.

MULTIPLE USE BUILDING

means a building used or capable of being used for both residential and non-residential purposes.

MUNICIPALITY

means The Corporation of the Municipality of Arran-Elderslie.

NON-HABITABLE ROOM

means any room in a dwelling or dwelling unit other than a habitable room, and includes a bathroom, water closet, laundry, pantry, lobby, communicating corridor, stairway, closet, cellar, boiler room or other space for service and maintenance of the dwelling for public use, and for access to, and vertical travel between storeys.

NOXIOUS

means when used with reference to any land, building or structure, a use which, from its nature, or from the manner of carrying on same, creates or is liable to create, by reason of destructive gas or fumes, dust objectionable odour, noise or vibration or unsightly storage of goods, wares, merchandise, salvage, junk, waste or other material, a condition which may become hazardous or injurious as regards health or safety or which prejudices the character of the surrounding area or interferes with or may interfere with the normal enjoyment of any use of land, building or structure.

NOTICE

means a notice of violation served by an officer pursuant to this by-law.

OCCUPANCY

means the use or intended use of a building or part thereof for the shelter or support of persons, animals or property.

OCCUPANT

means any person or persons over the age of eighteen years in possession of the property.

OFFICER

means a Property Standards Officer appointed by the Corporation to administer and enforce this by-law.

OUTDOOR STORAGE

means the land used for the purpose of storing builder's supplies or materials salvaged from any demolition of a building either for storage or salvage for re-use or sale of the storing of any other industrial or commercial goods, wares, or merchandise.

OWNER

means the assessed owner and all persons shown by the records of the Registry Office to have an interest in such property, and includes:          

a)         the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would so receive the rent if such land and premises were let, and

b)         a lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property.

PERSON

means any human being, association, firm, partnership, incorporated company, corporation agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply according to law.

PLUMBING

means a drainage system, a venting system and a water system or parts thereof

PREMISES

means that portion of real property which is owned by a specific person and includes all buildings and structures thereon.

PROPERTY

means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, outbuildings, fences, and erections thereon, whether heretofore or hereafter erected and includes vacant property.

REPAIR                                               

            includes the provision of facilities, the making of additions or alterations or the taking of any other action that may be required to ensure that a property conforms with the standards established by this by-law.

SEWAGE

means any liquid waste containing animal, vegetable or mineral matter in suspension or solution but does not include roof water or other storm runoff.

SEWERAGE SYSTEM

means the municipal sanitary sewerage system when it becomes available;  or, until then, a private sewage disposal system approved by the Medical Officer of Health.

STANDARDS

means the standards for the maintenance and improvement of physical condition and for the fitness for occupancy prescribed in this by-law.

SUB-STANDARD

means a quality less than that required by this by-law.

SUPPLIED

means installed, furnished or provided by the owner.

TOILET ROOM

means a room containing a water closet and a washbasin.

UNSAFE BUILDING

means any building that is,

            a)         structurally inadequate or faulty for the purpose for which it is used; or

            b)         in a condition that could be hazardous to the health or safety of persons in the normal use of the building, persons outside the building or persons whose access to the building has not been reasonably prevented

YARD

means the land other than publicly-owned land around and appurtenant to the whole or any part of a property and includes a building or structure lawfully used, or intended to be used, or capable of being used, in connection with the property whether or not the land is owned by the owner of the building, and includes vacant land.