Dwellings and Buildings Regulation

Dwellings and Buildings Regulation, M.R. 322/88 R The Public Health Act , C.C.S.M. c. P210 Regulation 322/88 R Registered August 29, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 Interpretation: National Building Code 2 Toilet facilities 3 Prohibitions 4 Windows 5-6 Size requirements 7 Screens, sashes and doors 8 Maintenance of equipment and appliances 9 Roof 10 Cellar and basement 11-13 Repealed 14 Requirements for a multiple family dwelling, lodging house or rooming house 15 Requirements to let a dwelling 16 Requirements to operate an apartment house, lodging house or rooming house 17 Heating 18-19 Other requirements to let premises 20-21 Repealed Definitions 1 In this regulation, "apartment house" means a dwelling consisting of two or more suites; (« maison d'appartements ») "basement" means a portion of a building, between a floor and ceiling, that is located partly underground, but with more than half of the floor-to-ceiling height thereof above the average grade of the adjoining ground; (« sous-sol ») "cellar" means a portion of a building, between a floor and a ceiling, that is located wholly underground or partly underground but with more than half of the floor-to-ceiling height below the average grade of the adjoining ground; (« cave ») "dwelling" means a building or other structure all or part of which is used, or intended to be used, for human habitation; (« habitation ») "dwelling unit" means (a) a single family dwelling, or (b) a suite, or (c) one or more rooms used as a residence by one family; (« unité de logement ») "family" means (a) a person living alone and providing his or her own meals and being responsible for his or her own housekeeping, or (b) two or more persons, whether related or not, who are living together as a housekeeping unit; (« famille ») "habitable room" means a room or enclosed floor area used, or intended to be used, for living, sleeping, cooking, or eating purposes, but does not include a water closet compartment, laundry, pantry, foyer, communicating corridor, closet, storage space, or a room in a cellar used only for recreational purposes; (« pièce habitable ») "hot water" means water having a temperature of at least 43°C (110°F) as it comes from the tap; (« eau chaude ») "lodging house" means any building or part thereof designed, intended, or used as a dwelling, in which persons are harboured, received, or lodged, or accommodation is let for sleeping purposes by the week or less period of time, but does not include a hotel licensed as such; (« maison de chambres ») "multiple family dwelling" means a dwelling occupied or intended to be occupied by two or more families, and in which all or any of the plumbing fixtures, or sanitary facilities, are used by more than one family, but does not include a rooming house or lodging house; (« habitation multi-familiale ») "responsible person" or "person responsible" means (a) when used in respect of land or buildings, the tenant, owner, occupant, or person in control of the land or buildings, and (b) when used in respect of other property, the owner, bailee, or person in possession of, or having control over, the property, or the person responsible for creating a health hazard; (« personne responsable ») "roomer" means an occupant of a dwelling who (a) is not a member of the family owning or renting that dwelling, and (b) does not provide his or her own meals; (« chambreur ») "rooming house" means a dwelling in which two or more rooms are rented and used by families living separately, all or some of whom use common lavatory and toilet facilities, and to whom cooking facilities may or may not be available, but does not include a dwelling in which rooms are rented to four, or fewer than four, persons excluding the proprietor and the proprietor's family, and does not include a hotel; (« pension ») "single family dwelling" means a dwelling occupied or intended to be occupied by one family, containing or having cooking facilities and all required plumbing fixtures or sanitary facilities for the use of that family; (« logement unifamilial ») "suite" means one or more connected rooms in a dwelling occupied or intended to be occupied by one family and containing or having cooking facilities and all the required plumbing fixtures or sanitary facilities for the sole use of that family. (« suite ») M.R. 33/2009 Interpretation: National Building Code 1.1 A reference to the National Building Code means the National Building Code of Canada, 2005 , as amended by the Manitoba Building Code prescribed under The Buildings and Mobile Homes Act . M.R. 33/2009 Toilet facilities 2 The owner of any dwelling, occupied building, or other place to which some or all members of the public have access, shall provide it with toilet facilities to the satisfaction of a medical officer or inspector, either within or outside the building, and shall at all times maintain them in good repair. M.R. 33/2009 Prohibitions 3 No building or part thereof used as a dwelling shall be used for (a) housing horses, cattle, sheep, pigs, goats, or fowl; or (b) the storing or sorting of rags, bones, or other refuse. Windows 4(1) A habitable room shall have at least one window facing an open space that is unobstructed for a distance of at least 1.5 m (five feet) by any fence, wall, or other structure. 4(2) The glass area of the window or windows in any room to which subsection (1) applies shall not be less than one-tenth of the floor area, and, for the purpose of this subsection, no glass area that is below the level of the ground adjacent to the building shall be included in the computation of the required glass area, except that where, in the opinion of a medical officer or inspector, there is adequate artificial lighting and provision for adequate ventilation, a glass area of less than one-tenth of the floor area may be deemed acceptable. M.R. 33/2009 4(3) No partition shall obstruct the light from windows to which subsections (1) and (2) apply from having access to all parts of the room. 4(4) A skylight shall not be the sole means of lighting any habitable room, but a skylight may be used as a supplementary means of lighting if it is constructed so as to be water-tight and protected in a suitable manner against condensation. 4(5) Unless a satisfactory alternative means of ventilation is provided that is consistent with the National Building Code, at least one of the windows to which subsection (1) refers shall be capable of being readily opened. M.R. 33/2009 4(6) No building shall be occupied as a dwelling unless it has windows on at least two sides. Size requirements 5 Each dwelling unit shall have at least 7.4 m 2 (80 square feet) of habitable floor area for each individual residing in the unit and the floor area shall be calculated on the basis of the total area of the habitable rooms. M.R. 33/2009 6(1) Each room used for sleeping purposes in a dwelling shall have a floor area of at least 5.6 m 2 (60 square feet), and shall have at least 3.7 m 2 (40 square feet) of floor area for each individual that ordinarily sleeps in the room. M.R. 33/2009 6(2) For the purposes of this regulation, no portion of the floor area of a room above which the height of the ceiling over the floor is less than 1.4 m (four feet six inches) shall be included in the computation of the required floor area. 6(3) The height of a room shall not be less than 2.1 m (seven feet) over at least half the required floor area, except where, in the opinion of a medical officer or inspector, the total cubic area of the space to be occupied is of such dimensions that a ceiling height of less than 2.1 m (seven feet) is acceptable. M.R. 33/2009 6(4) Repealed. M.R. 33/2009 6(5) Where he or she thinks it necessary, a medical officer or inspector may affix to any dwelling unit or any room in any lodging house, rooming house, hotel, or other building, a notice stating thereon the number of persons who may occupy that dwelling unit or room, and the owner or person in charge is responsible for ensuring that the number of persons so occupying the unit or room conforms to the requirements of the notice. M.R. 33/2009 6(6) Repealed. M.R. 33/2009 Screens, sashes and doors 7(1) A medical officer or inspector may, when he or she considers it necessary, require that storm sashes, storm doors and screened doors be provided for any dwelling unit or room. M.R. 33/2009 7(2) Fly screens shall be provided in all windows used for ventilating purposes from May 1 to October 31 in each year, and the screens shall be tight-fitting, covering the entire openable area of the windows. M.R. 33/2009 7(3) Storm sashes used in windows required for ventilating purposes shall be provided with sliding or hinged sub-sashes of at least 516 cm 2 (80 square inches), or hinges so arranged as to allow the whole storm window to open. 7(4) All storm sashes, storm doors, screened doors and screen sashes shall be provided by the owner of the premises, and shall be maintained in good repair by the owner or occupant. Maintenance of equipment and appliances 8(1) All furnaces, steam and water boilers, and all piping and equipment pertaining thereto, including smoke pipes and chimneys, that are a permanent fixed installation in any building used for human habitation shall be maintained by the owner of the premises in good repair and proper working order. 8(2) All heating equipment and smoke pipes pertaining thereto shall be maintained by the owner of the equipment in good repair and proper working order. 8(3) Gas stoves, water heaters, and other gas appliances shall be provided with suitable pipes or flues or other effective means for the removal of the products of combustion, and all such appliances shall be kept by the owner of the appliances in proper state of repair and in proper working order. Roof 9(1) All roofs of buildings, including eavestroughing and rain water piping, shall be water-tight and be kept by the owner of the premises in good repair. 9(2) All rain water from the roof of any building shall be properly disposed of in such a manner as to prevent dampness or damage that, in the opinion of a medical officer or inspector, may be injurious to health. M.R. 33/2009 Cellar and basement 10(1) Cellar and basement walls and floors shall be constructed of brick, stone, concrete, or other material impervious to ground or other external moisture factors, and shall be so constructed as to drain effectively all water from the surface into a properly constructed and drained catch basin sufficient to prevent flooding of the floor or foundation, or otherwise create a health hazard. M.R. 33/2009 10(2) Natural or artificial ventilation shall be provided in all cellars to the satisfaction of a medical officer or inspector. M.R. 33/2009 11 Repealed. M.R. 79/99 12 and 13 Repealed. M.R. 33/2009 Requirements for a multiple family dwelling, lodging house or rooming house 14 No person shall let a multiple family dwelling, lodging house or rooming house to another person, and no other person shall operate or cause to be operated any multiple family dwelling, lodging house, or rooming house, unless (a) the windows of all rooms are equipped with blinds or curtains to ensure privacy; (b) the furniture, beds, bedspreads, bedsprings, pillows, mattresses, bed linen, blankets, and bed covers are maintained in good repair and in a clean and sanitary condition; (c) separate towels are provided for each person if towels are furnished for guests, tenants, or employees; (d) on each storey on which meals are prepared, there is at least one sink available to all persons preparing meals; (e) a supply of hot and cold running water is supplied to each wash basin, sink, and bath at all times to the satisfaction of a medical officer or inspector; (f) all walls and ceilings are maintained in good repair, in a clean condition, and are painted or otherwise cleansed and redecorated when considered necessary by a medical officer or inspector; (g) all floors and floor coverings are in good repair and such coverings are well fitting; (h) there is on the premises, located to the satisfaction of a medical officer or inspector, one water closet and one wash basin for each 10 persons, or fraction thereof, in residence, and a minimum of one water closet, one wash basin, one bath, and one sink, except that a shower in proper working order may be installed in place of a bath at the discretion of the medical officer or inspector; (i) the plumbing fixtures and the room in which they are installed (i) are located so as to be accessible to all tenants at all times, and (ii) are kept in a clean and sanitary condition; (j) each water closet is provided with seats in good repair; (k) an adequate supply of toilet paper is provided for each water closet; (l) each room or compartment enclosing a water closet or bath designed to be used separately is enclosed by a substantial partition extending from the floor to the ceiling; (m) each water closet compartment and bath compartment is provided with a door capable of being securely fastened by the person using the facilities; (n) doors to the entrances of rooms occupied by roomers and doors to the entrances of dwelling units are capable of being locked inside and outside the rooms or dwelling units; and (o) all doors have passage sets in good repair, except those doors referred to in clause (n). M.R. 33/2009 Requirements to let a dwelling 15(1) No owner of a dwelling that is connected to a sewer and water system shall let the dwelling, or a part thereof, to another person unless (a) at least one water closet, one wash basin, one bath and one sink have been installed in the dwelling, each of which is in proper working condition and easily accessible to all occupants of the dwelling except that a shower in proper working order may be installed in place of a bath at the discretion of a medical officer or inspector; (b) each sink, wash basin, and bath or shower is served with hot and cold running water; (c) a wash basin is installed in close proximity to each water closet; (d) each water closet is equipped with a seat in good repair; and (e) the plumbing system is in good repair and proper working order; and while the dwelling is occupied by a tenant, the owner thereof shall continue to maintain the dwelling in the condition required under this subsection. M.R. 33/2009 15(2) No owner of a dwelling shall let it or a dwelling unit therein to any person unless (a) bedrooms are provided with doors to ensure privacy; (b) doors to the entrances of rooms occupied by roomers and doors to the entrances of dwelling units are capable of being locked inside and outside the rooms or dwelling units; (c) all doors have passage sets in good repair except those doors referred to in clause (b) and in clause 14(n); (d) the foundation is weather tight, rodent proof, and in good repair; (e) heating equipment that is capable of adequately and safely heating the dwelling, is installed therein; (f) stairs and staircases are in good repair; (g) door and window frames are maintained in good repair; (h) all exterior walls, doors, and windows are weather tight, close fitting, and maintained in good repair; (i) all interior partitions, doors, walls and ceilings are close fitting, kept in good repair, have surfaces that are smooth and clean and can easily be kept clean, and are painted or otherwise refinished when considered necessary by a medical officer or inspector; (j) the walls and ceilings are free from major cracks and crevices that, in the opinion of a medical officer or inspector, may create a condition detrimental to the health of the occupant; (k) all floors are level and of such construction, and in such a state of repair, that they can be readily kept clean, and are kept free from major cracks, crevices, depressions, splinters, and other defects that in the opinion of a medical officer or inspector may create a condition detrimental to the health of the occupant; (l) floor coverings are in good repair and well fitting, and can easily be kept clean; and (m) the premises are free of insect pests and rodents. M.R. 33/2009 15(3) While a dwelling is occupied by a tenant, the owner thereof shall continue to maintain the dwelling in the condition required under subsection (2). 15(4) This section does not apply to a dwelling that is inhabited solely by the owner and his or her family, and from which the owner derives no income by way of rent paid by any member of the family. Requirements to operate an apartment house, lodging house or rooming house 16 No apartment house, lodging house, or rooming house shall be operated unless (a) adequate lighting is provided in all storage rooms, locker rooms, laundries, and compartments containing plumbing fixtures; (b) every corridor, hall, and stairway is lighted at all times in accordance with the recommended practice for lighting in buildings contained in the National Building Code as amended from time to time; (c) every interior and exterior stairway is fitted with a handrail on at least one side and, where the stairway exceeds 112 cm (44 inches) in width or both sides of the stairway are unprotected, is fitted with a handrail on each side; and (d) every handrail required under clause (c) (i) is continuous between landings, (ii) is so constructed and fitted that there is no obstruction on or above the handrail that may break a hand hold, (iii) is fastened at a uniform height, being not less than 76 cm (30 inches) nor more than 107 cm (42 inches) measured vertically from the surface of each stairtread to the top of the handrail, (iv) where the handrail is fastened to a wall, has a uniform clearance of at least 3.8 cm (one and one-half inches) between the handrail and the wall to which it is fastened, and (v) where only one handrail is required under clause (c), and one side of the stairway is unprotected, is located on the unprotected side. Heating 17(1) Subject to subsection (3), the person responsible for the heating of any dwelling unit shall arrange for the provision of sufficient heat to enable the rooms or suites to be maintained at a temperature of not less than 21°C (70°F) between the hours of 7:00 a.m. and 11:00 p.m. each day and at a temperature of not less than 18.3°C (65°F) during the remaining hours of each day. 17(2) For the purpose of subsection (1), the required temperature shall be at a height of 76 cm (30 inches) from the floor in the centre of each occupied room. 17(3) Subsection (1) does not apply during a period when a heating boiler is shut down at the request of an inspector of the Department of Labour and Immigration for the purposes of an inspection as required by The Steam and Pressure Plant Act . M.R. 33/2009 Other requirements to let premises 18(1) Each dwelling shall be of sound construction throughout, suitable and satisfactory in every respect for the purpose intended, and shall be maintained in good repair and in a clean condition throughout. 18(2) In every apartment house that has plumbing installed there shall be in each suite at least one sink, one water closet, one bath, and one wash basin, except that a shower may be installed in place of a bath at the discretion of a medical officer or inspector. M.R. 33/2009 18(3) In a dwelling that has plumbing installed, the owner or occupant, or any other person responsible, shall provide all plumbing fixtures with a constant supply of running water. 19 No gas appliance of any kind shall be installed in any room used for sleeping purposes, and no person shall use, or allow to be used, for sleeping purposes any room containing a gas stove or other gas appliance. 20 and 21 Repealed. M.R. 33/2009