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• Tthe municipal code requires maintenance of city property

Part of Building Codes

City of Toronto Municipal By-law 629

One of the statements of claim for playground injuries plead a breach of By-law 629. By-law 629 merely establishes a general duty on the city to keep all of its property clear, in good repair, and safe.*

*Chapter 629
PROPERTY STANDARDS
ARTICLE I
Definitions; Application
§ 629-1. Definitions.
§ 629-2. Application.
This chapter applies to all property in the City of Toronto.

*§ 629-5. Owner’s duties.
The owner of property shall:
A. Repair, maintain and keep clean the property in accordance with the standards and take immediate action to eliminate any unsafe condition; and B. Ensure that every supplied facility, piece of equipment or appliance in or on the property is constructed, installed and maintained so that it will function safely and effectively, and is kept in a satisfactory working condition.

§ 629-6. Occupant’s duties.
Every person who occupies property shall: G. Take immediate action to eliminate any unsafe condition.

§ 629-7. Manner of making repairs.
A. All repairs shall be made in a good workmanlike manner with materials that are suitable and sufficient for the purpose and free from defects. B. Without restricting the generality of Subsection A:

(1) The requirement that repairs be made in a “good workmanlike manner” includes:

(a) Ensuring that the component repaired can perform its intended function.

§ 629-8. Higher standard.
If there is a conflict between a provision in this chapter and a provision of any other City by-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public prevails.

§ 629-10. Maintenance of yards and property.

• A. Nothing in this section shall be deemed to prevent the lawful storage and keeping of material in or on any non-residential property, if a lawful use requiring that material is conducted on the property and the materials are stored in a neat and orderly fashion.

• B. All yards and any other part of a property shall be kept clean and free from accumulations of junk, rubbish, brush, refuse, litter, garbage and other debris, and any conditions that are health, fire or other hazards.
• C. All yards and any other part of a property shall be kept clean and free from dilapidated, collapsed or unfinished structures.

§ 629-12. Accessory buildings. [e.g. field house]
Every accessory building shall be constructed and maintained with suitable and uniform materials, kept in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material. § 629-16. Structural adequacy.

• A. Every part of a building or structure shall be maintained in good repair and in a structurally sound condition so as:
  • (1) To be capable of safely sustaining its own weight and any load to which, normally, it might be subjected;
  • (2) To be capable of safely accommodating all normal structural movements without damage, decay or deterioration; and
  • (3) To prevent the entry of moisture that would contribute to damage, decay or deterioration.
• B. Foundation walls, basements, cellars and crawl spaces and other supporting members of a building or structure shall be maintained in good repair and structurally sound.
• C. For purposes of this section, “structure” includes a fence, shed or other small building in addition to structures defined in the Ontario Building Code Act, 1992.9

City of Toronto Municipal By-law 629