Municipality of Brenda – Waskada, Manitoba
· No. 08-2019
· adopted 2019-08-12
· summary & facts
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THE MUNICIPALITY OF BRENDA-WASKADA
PROVINCE OF MANITOBA
BY-LAW #08-2019
A by-law to provide for the adoption of provincial codes, the appointment of a
building inspector, and the administration and enforcement of the building permit
system.
The Council of the Municipality of Brenda-Waskada in meeting duly assembled at
Waskada, Manitoba enacts as a by-law the following:
Background and purpose
1. The Municipality of Brenda-Waskada Zoning By-law regulates the construction
of buildings and requires that development permits be obtained before such work may
be carried out. Under The Buildings and Mobile Homes Act the municipality is
required to adopt and enforce The Manitoba Building Code.
2. The council wishes to provide for the appointment of a building inspector and
provide for a system of building permits that harmonizes with administration of the
Zoning By-law.
Interpretation
3. In this by-law,
"building" means a structure used or intended to be used in supporting or sheltering
any use or occupancy;
"Code" means The Manitoba Building Code, The Manitoba Fire Code, or The
Manitoba Plumbing Code.
"owner" means the registered owner of the land;
"renovate" means to reconstruct part or all of the interior or exterior of a building
without enlargement or structural alteration.
Adoption of Codes
4. The municipality adopts without changes the current Manitoba Building Code,
The Manitoba Fire Code, and The Manitoba Plumbing Code, as provided for in
provincial regulations pertaining to the codes.
5. If the province replaces a Code or makes changes to it, the municipality adopts
such changes automatically, without further action by council.
Building permit required
6. No person shall construct, erect, place, enlarge, structurally alter, renovate,
demolish, relocate, remove or change the occupancy of a building without first
obtaining a development permit and if necessary, a subsequent building permit.
7. A building permit is not required for incidental alterations, repairs, replacement
of materials, landscaping structures, or accessory buildings smaller than 100 square
feet in floor area but a development permit must be completed in order to ensure
compliance with the requirements of the Zoning By-law.
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A building permit is not required for structures designated as being for the
storage, handling or processing of agricultural products. This would include
workshops, storage sheds, granaries etc. This municipal bylaw does not override any
Provincial Regulatory bodies that must be adhered to for instance, shops exceeding
600 sq m or 6458 sq ft must be approved by the Office of the Fire Commissioner
8. Where a building permit is required, no preparatory work, including excavation,
may take place on the land before the permit is obtained.
Application for building permit
9. Where the building is of a class for which the building permit is administered by
the province, an application must be made to the Office of the Fire Commissioner and
is administered by that office. Nevertheless, a development permit for the building
must be obtained.
10. An application to the Municipality of Brenda-Waskada administration office for a
building permit may be made by the owner or a person authorized in writing by the
owner. The application must include:
(a) a completed and signed application form;
(b) information as to the location and intended purpose of the building;
(c) engineered plan or plans showing the dimensions of the building or work;
(d) plans and specifications of the proposed work in sufficient detail to show that the
proposed building or work complies with this by-law, the Codes, the Zoning By-law
and other requirements;
(e) a statement of the applicant's estimated valuation of the work proposed;
(f) the fee called for in Schedule A.
11. The fee will be based on the building inspector's opinion as to the estimated value
of the work proposed.
12. Plans and specifications submitted with building permit applications must bear the
name and business address of the designer.
13. Permit applications and the documents submitted with them become the property
of the municipality.
14. If the building inspector considers that site conditions or a building's size or
complexity warrant it, the building inspector may require an applicant to submit in
connection with an application,
(a) structural, electrical, mechanical, or fire suppression drawings prepared and sealed
by an architect or professional engineer with relevant expertise or experience; or
(b) a surveyor's certificate.
In this case the application is not complete until the requested documents are
submitted.
15. A building permit for a new building must not be issued until the site is served by
a culvert and crossing satisfactory to the municipality.
16. If on the basis of the application and the information supplied with it, it appears
to the building inspector that the proposed building, work or use does not contravene
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this by-law, a Code, the Zoning By-law, other by-laws, or provincial laws and
regulations, the building inspector may issue a building permit to the applicant.
17. A building permit is issued in the name of the owner, and where the applicant is
not the owner, to the owner and the applicant jointly.
18. A building permit may be issued subject to conditions (including the requirement
of an agreement between the owner and the planning district or municipality) for the
purposes of
(a) administration of this by-law;
(b) ensuring compliance with this by-law, a Code, the Zoning By-law, other by-laws,
or provincial laws and regulations;
(c) efficient provision of municipal services and protection of municipal property; or
(d) proper site safety, maintenance and clean-up.
19. A holder of a building permit may request the building inspector to approve
alterations to plans and specifications. If in the opinion of the building inspector the
nature and complexity of the alterations warrant it, the building inspector may suspend
the issued building permit and require an additional fee for review and approval of the
alterations.
Building inspector
20. The office of building inspector is established to carry out the powers, duties and
functions of a designated officer under this by-law.
21. The building inspector must
(a) administer this by-law;
(b) forward records to the municipal administration office of applications and plans
received, inspections and tests made, permits and orders issued, and all other reports
and documents connected with the building inspector's functions;
(c) examine and process applications and plans received;
(d) make inspections of buildings and premises when requested at an appropriate stage
of construction and with reasonable advance notice.
22. The building inspector shall have the following powers:
(a) the powers of inspection and enforcement under Part 7 Sections 239 to 249 of The
Municipal Act;
(b) the power to order work on a building or premises to stop if a building permit has
not been obtained;
(c) the power to order work on a building or premises to stop until a condition is
rectified, if in the building inspector's opinion,
(i) work is being carried out not in compliance with the building permit, plans
submitted, a condition under which a building permit was issued, an agreement, a
Code, the Zoning By-law, another by-law, or provincial laws or regulations, or
(ii) there is an unsafe condition;
(d) the power to revoke a building permit if
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(i) it was issued in error,
(ii) the applicant submitted false or misleading information,
(iii) the work has not started within twelve (12) months of issuance,
(iv) work is discontinued for a year,
(v) a condition under which the building permit was issued has not been met,
(vi) there is contravention of an agreement, or
(vii) there is unauthorized deviation from the approved plans and specifications;
(e) the power to prohibit occupancy of a building if in the building inspector's opinion,
(i) there is a breach of this by-law, a Code, the Zoning By-law, a condition under
which a building permit was issued, an agreement, another by-law, or provincial
laws and regulations, or
(ii) there is an unsafe condition.
Owner's responsibilities
23. An owner must ensure that construction complies with this by-law, a Code, the
Zoning By-law, a condition under which a building permit was issued, an agreement,
another by-law, or provincial laws and regulations. The issuance of a building permit
and inspection by the building inspector do not relieve the owner of this responsibility.
24. The owner is liable for the cost of repairing damage to municipal property
(including roads) occurring in the course of building work or the moving of a building.
If the holder of a permit is not the owner, both the holder and the owner have this
liability, jointly and severally.
25. An owner must during construction keep the building permit with approved plans
and specifications in a conspicuous place on the premises.
26. An owner and a holder of a building permit must comply with an order of the
building inspector, a condition under which a building permit was issued, or an
agreement.
27. No person shall make a false or deliberately misleading statement in an
application, plan or other document.
28. No person shall obstruct or interfere with a building inspector's performance of
the functions of a building inspector under this by-law or a Code.
Review
29. An owner, an applicant, or a holder of a building permit may request the
municipal council review a decision or order of the building inspector, by giving a
written notice to the administrator within 14 days of receiving the decision or order.
30. Upon receiving a request for review, the administrator must set a date and time
for the review by the council and notify the person of the date of the review.
31. At the time and place set out in the notice, the council will convene the review.
The person who made the request may appear in person or by council. After reviewing
the order, the council may confirm, vary, substitute or cancel the decision or order.
Offence and costs
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32. A person who contravenes this by-law or a Code, including an owner on whose
land a contravention takes place, is guilty of an offence and is liable to:
(a) a fine of not more than $1000;
(b) a penalty equal to the cost of enforcement, to a maximum of $2500; and
(c) in the case of a contravention of section 65, a penalty equal to the building permit
fee.
33. The following amounts may be collected and enforced by the municipality in the
same manner as a tax may be collected or enforced under The Municipal Act:
(a) a fine or penalty imposed on conviction;
(b) the cost of repairing damage to municipal property (including roads) that occurs in
the course of building work or moving a building;
(c) the cost of any action taken under this by-law associated with the conduct giving
rise to the offence or related to enforcement under this by-law.
DONE AND PASSED by the Council of the Municipality of Brenda-Waskada, in
Council duly assembled this 12th day of August 2019, A. D.
__________________________
Head of Council
__________________________
CAO
Read a first time this 8th day of July, A. D. 2019.
Read a second time this 12th day of August, A. D. 2019.
Read a third time this 12th day of August, A. D. 2019.
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