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P:\Municipal Data\RMDATA\BYLAWS & POLICIES\Emerson Franklin Bylaws & Policies\Building Bylaw 25-02.doc
THE MUNICIPALITY OF EMERSON-FRANKLIN
BY-LAW NO. 25-02
Being a by-law cited as the
Municipality of Emerson-Franklin Building By-Law
WHEREAS The Building and Mobiles Homes Act has adopted the Manitoba
building Code as the minimum construction standard for the Province of Manitoba;
AND WHEREAS Section 4 of The Building and Mobile Homes Act, R.S.M. 1987, c. 93 states
the following:
"4.
Notwithstanding anything to the contrary in any other Act of the Legislature, each
municipality unless excluded under clause 2 (2) (c), shall adopt and enforce any construction
code or building construction standard adopted, established or prescribed under section 3 for the
province or the municipality or the part of the province in which the municipality is situated, and
may make such by-laws as are necessary for those purposes."
NOW THEREFORE be it enacted as a by-law of the Municipality of Emerson-Franklin as
follows:
1. THAT Appendix "A", being The Municipality of Emerson-Franklin Building Permit By-
Law, shall form part of this by-law.
DONE and PASSED by the Council of the Municipality of Emerson-Franklin in Council
assembled at Dominion City, in the Province of Manitoba, this 11th day of February, 2025.
_____________________________
Reeve - Dave Carlson
_____________________________
CAO - Tracey French
Read a first time this 20th day of January, 2025.
Read a second time this 20th day of January , 2025.
Read a third time and passed this 11th day of February, 2025.
Appendix "A" to By-Law No. 25-02
EMERSON-FRANKLIN
BUILDING BY-LAW
TABLE OF CONTENTS
SECTION ONE:
Title
SECTION TWO:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION THREE:
General
3.1
Application Generally
3.2
Limited Application to Existing Buildings
3.3
Exemptions
3.4
Prohibitions
3.5
Mobile Homes and RTM's
SECTION FOUR:
Permits
4.1
Application
4.2
Permits
4.2.1 Building Permits
4.2.2 Plumbing Permits
4.2.3. Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
SECTION FIVE:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Constructor
5.3
Duties of Authority Having Jurisdiction
5.4
Duties of Designer
5.5
Powers of Authority Having Jurisdiction
SECTION SIX:
Appeal
SECTION SEVEN:
Offenses and Penalties
SECTION EIGHT:
Repeal
SCHEDULE "A"
Classes of Permits
SCHEDULE "B"
Plans and Specifications to be Submitted
SCHEDULE "C"
SCHEDULE "D"
Fees
Damage Deposit
P:\Municipal Data\RMDATA\BYLAWS & POLICIES\Emerson Franklin Bylaws & Policies\Building Bylaw 25-02.doc
BUILDING BY-LAW NO: 25-02
SECTION I
Title
This by-law may be cited as the Municipality Of Emerson-Franklin Building By-law.
SECTION 2
Scope & Definitions
2.1
Scope:
2.1.1 This by-law applies to the whole of the Municipality of Emerson-Franklin.
2.1.2 This by-law applies to administration and enforcement in the design, construction,
erection, placement and occupancy of new buildings, and the alteration.
reconstruction, demolition, removal, relocation, occupancy and change in
occupancy of existing buildings and any requirements that are necessary to
correct unsafe conditions in existing buildings.
2.1.3 The requirements of the Code are hereby adopted and shall apply to all work
falling within the scope and jurisdiction of this by-law.
2.1.4 Any construction or condition that lawfully existed before the effective date of
this By-law need not conform to the requirements of this by-law if such
construction or condition does not constitute an unsafe condition in the opinion of
The Authority.
2.2
Definitions:
2.2.1. The words and terms in italics in this by-law shall have the meaning prescribed in
subsection 2.2.3 herein, and if no definition is provided herein they shall have the
meanings as prescribed in the Code. Should a word or term be defined in both
this by-law and the Code, then the definition set forth in this by-law shall govern..
2.2.2. Definitions of words and phrases used in this by-law that are not specifically
defined in the Code or in this subsection shall have the meanings that are
commonly assigned to them in the context in which they are used in these
requirements, considering the specialized use of terms within the various trades
and professions to which the terminology applies.
2.2.3 Words and terms in italics in this by-law shall have the following meanings:
"Audit"
means a random review of design or
construction work by the authority having
jurisdiction to ascertain compliance with the
Code and this by-law
"Authority Having Jurisdiction" herein called
"The Authority"
means the Municipality of Emerson-Franklin
and, where the context requires, such building
inspector
or
other
authority
lawfully
appointed by the Municipality of Emerson-
Franklin to administer and enforce the
provisions of this by-law
"Code"
means the Manitoba Building Code as
established, adopted and revised from time to
time under Section 3 of the Buildings and
Mobile Homes Act
"Constructor"
means the person responsible for the
construction indicated on the permit
"Permit"
means
written
permission
or
written
authorization from The Authority in respect
to matters regulated by this by-law
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"Person"
means
and
includes
any
individual,
corporation partnership, firm, joint venture,
syndicate, association or trust, and any other
form of entity or organization
"RTM"
means ready to move houses being houses or
buildings constructed in one location and
moved to a different location
"Valuation"
shall mean the total monetary worth of all
construction or work, including all painting,
papering, roofing, electrical work, plumbing,
permanent or fixed equipment, including any
permanent heating, elevator equipment or fire
sprinkler equipment, and all labour, materials
and other devices entering into and necessary
to the prosecution of the work in its
completed form. No portion of any building
including,
mechanical,
electrical
and
plumbing work, shall be excluded from the
valuation for a permit.
SECTION 3 General
3.1
Application Generally:
This by-law applies to the design, construction, erection, placement and
occupancy of new buildings and the alteration, reconstruction, demolition,
removal, relocation, occupancy and change in occupancy of existing buildings.
3.2
Limited Application to Existing Buildings:
3.2.1 When a building or any part of it is altered or repaired, the Code applies to the
parts of the building altered or repaired except that where in the opinion of The
Authority, the alteration will affect the degree of safety of the existing building,
the existing building shall be improved as may be required by The Authority.
3.2.2 The number of stories of an existing building or structure shall not be increased
unless the entire building or structure conforms with the requirement of the Code.
3.2.3 The requirements of this by-law apply where the whole or any part of a building
is relocated either within or into the area of jurisdiction of The Authority.
3.2.4 When the whole or any part of a building is demolished, the requirements of this
by-law apply to the work involved in the demolition and to the work required to
any parts remaining after demolition to the extent that deficiencies occurring or
remaining after demolition require correction.
3.2.5 When a building is damaged by fire, flood, earthquake or other cause, the Code,
the requirements of this by-law and the appropriate regulations under the Fire
Prevention Act, and the Manitoba Fire Code, apply to the work necessary to
reconstruct damaged portions of the building.
3.2.6 When an unsafe condition exists in or about a building, the Code, the
requirements of this by-law and the appropriate regulations in the Fire Prevention
Act, and the Manitoba Fire Code, shall apply to the work necessary to correct the
unsafe condition.
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3.2.7 When the occupancy of a building or any part of it is changed, the requirements of
this by-law apply to all parts of the building effected by the change.
3.3
Exemptions:
3.3.1 These requirements do not apply to
(a)
sewage, water. electrical, telephone, rail or similar systems located on a
street or a public transit right of way.
(b)
public utility towers or poles, television and radio or other communication
aerials and towers, except for loads resulting from those located on or
attached to buildings.
(c)
flood control and hydro electric dams and structures.
(d)
mechanical or other equipment and appliances not regulated in this by-
law.
(e)
accessory buildings not greater than 10 square meters in building area
subject to the concurrence of The Authority.
(f)
a farm building, other than a farm building used as residence, an attached
garage or carport.
3.4
Prohibitions:
3.4.1. Any person who fails to comply with any order or notice issued by any authority
having jurisdiction, or who allows a violation of the requirements of this by-law
or of the Code to occur or to continue, contravenes the provisions of this by-law.
3.4.2. No person shall undertake any work or authorize or allow work to proceed on a
project for which a permit is required unless a valid permit exists for the work to
be done.
3.4.3. No person shall deviate from the accepted plans and specifications forming part of
the permit, or omit or fail to complete, prior to occupancy, work required by the
said accepted plans and specifications, without first having obtained the
acceptance of The Authority to allow such deviation except for minor changes to
accepted plans and specifications which, when completed would not cause a
violation of the Code or other by-laws.
3.4.4 Where an occupancy permit is required by Section 4.2.3. herein, no person shall
occupy or allow the occupancy of any building, or part thereof, or change the
occupancy, unless and until an occupancy permit has been issued by The
Authority.
3.4.5 No person shall knowingly submit false or misleading information to The
Authority, concerning any matter relating to this by-law.
3.4.6 No person shall excavate or undertake work on, over or under public property, or
erect or place any construction or work or store any materials thereon without
receiving prior approval in writing from the appropriate government authority.
3.4.7 No person shall allow the ground elevations or the property boundaries of a
building lot to be changed so as to place a building, or part of it, in contravention
of the requirements of this by-law, unless the building, or part of it, is so altered,
after obtaining the necessary permit, such that no contravention will occur
because of the change of the property boundary or grades.
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3.5
Mobile Homes and RTM's
3.5.1 Mobile homes, RTM's, Modular Homes, and Pre-Manufactured Homes shall
comply with the requirements of the Code.
3.5.2 The Authority may require any or all of the following in respect to a mobile home
or RTM sought to be located within the area of jurisdiction of The Authority:
(a)
the submission of a complete set of plans and specifications;
(b)
the seal of an Engineer licensed in the Province of Manitoba in respect to
all building components requiring professional certification;
(c)
submission of copies of any or all permits taken out for the mobile home
or RTM in the location of its construction together with a copy of any or
all inspection reports;
(d)
such inspections or certifications as The Authority may deem necessary in
order to ensure compliance with the Code and this by-law.
(e)
Resolution of Approval from the Council of the Authority.
3.6
Other Minimum Building Requirements
3.6.1 The minimum window openings in all new foundation construction shall comply
with bedroom egress sizes of the Code.
3.6.2 Wooden suspended basement floors shall provide a minimum of 1 foot clearance
from the bottom of the floor joists/beams to the finished ground level.
SECTION 4 Permits
4.1
Application:
4.1.1 Except as otherwise allowed by The Authority, every application for a permit
shall be in the form prescribed by The Authority and shall:
(a)
identify and describe in detail the work and occupancy to be covered by
the permit for which the application is made,
(b)
describe the land on which the work is to be done by a description that
will readily identify and locate the building lot,
(c)
state the valuation of the proposed work and be accompanied by the
required fee as established from time to time by a by-law passed by the
Council;
(d)
include those plans and specifications set out on Schedule B hereto (unless
otherwise waived by The Authority), and show the occupancy of all parts
of the building,
(e)
state the names, addresses and telephone numbers of the owners, architect,
professional engineer or other designer, constructor and any inspection or
testing agency engaged to monitor the work or part of the work.
(f)
include such additional information as maybe required by The Authority.
4.1.2 When an application for a permit has not been completed in conformance with the
requirements of The Authority within six months after the date of filing, the
application shall (unless otherwise extended in writing by The Authority) be
deemed to have been abandoned, and can only be reinstated by re-filing.
4.1.3 Unless otherwise extended in writing by The Authority, a permit shall expire and
the right of an owner under the permit shall end if
(a)
the work authorized by the permit is not commenced within six months
from the date of issue of the permit and actively carried out after that, or
(b)
the work authorized under the permit is suspended for six months unless
otherwise extended by The Authority.
- 5 -
(c)
The work authorized under the permit is not completed within 24 months
unless otherwise exended by the authority.
4.1.4 Any revision to the original application described in article 4.1.1 shall be made in
the same manner as for the original permit.
4.1.5 Applications for permits may be filed, and permits may be issued to an owner, or
to a constructor or other properly authorized agent of the owner.
4.2
Permits:
4.2.1 Building Permits:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has first
been obtained from The Authority, no person shall commence or cause to be
commenced:
(a)
the location, placement, erection or construction of any building or
structure or portion thereof;
(b)
the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(c)
the repair, rehabilitation, or renovation of any building or structure, or
portion thereof;
(d)
underpinning;
(e)
the relocation or removal of any building or structure, or portion thereof;
(f)
the excavation of any land for any purpose of erecting or location on or
above it, any building or structure;
(g)
the installation, construction, repair, renewal, alteration or extension of a
mechanical system;
(h)
the installation, construction, alteration or extension of a spray paint
operation, spray painting booth, dip tank or other special process; or
(i)
the alteration, addition, erection or re-erection of a sign.
4.2.1.2 A building permit is not required for:
(a)
patching, painting or decorating;
(b)
replacement of stucco, siding or shingles with the same material;
(c)
replacement of doors or windows when the opening is not altered;
(d)
replacement of open landing and stairs;
(e)
construction of fences;
(f)
installation of cabinets and shelves;
(g)
a detached accessory storage building not greater than 10 square meters
(108 sq. ft.) in building area subject to the concurrence of The Authority;
(h)
Detached or Attached deck with an elevation of 2 or less feet above
ground level;
(i)
non-structural alterations or repairs where the value of such work in less
than Ten thousand dollars ($10,000.00)
4.2.1.3 Notwithstanding that a building permit is not required for the work described in
Article 4.2.1.2., such work shall comply with the Code and the provisions of this
or other applicable by-laws and the work shall not place the building or structure
in contravention or further contravention of the Code or this or any other by-law.
4.2.2. Plumbing Permits:
4.2.2.1 Except as provided in sentence 4.2.2.2., no person shall construct, extend, alter,
renew or repair or make a connection to a plumbing system unless a permit to do
so has been obtained.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service water
heater is repaired or replaced, a stoppage cleared or a leak repaired, if no change
to the piping is required.
- 6 -
- 7 -
4.2.2.3 When required by The Authority, the application shall also be accompanied by a
plan that shows:
(a)
the location and size of every building drain, and of every trap and clean
out fitting that is on a building drain;
(b)
the size and location of every soil or waste pipe, trap and vent pipe; and
(c)
a layout of the potable water distribution system including pipe sizes and
valves.
4.2.3. Occupancy Permits:
Except as otherwise permitted herein, no person shall occupy or use or permit the
occupancy or use or change the occupancy or use of any building or part thereof,
for which an occupancy permit is required hereunder.
4.2.3.1 An Occupancy Permit is required from The Authority for:
(a)
the occupancy of any new building or structure or portion thereof except a
single- family dwelling, a two-family dwelling or a multi-family dwelling
without shared exit facilities;
(b)
the occupancy of any existing building or structure where an alteration is
made thereto, except a single-family dwelling, a two-family dwelling or a
multi-family dwelling without shared exit facilities;
(c)
for a change from one Major Occupancy group to another or a change
from one division to another within a Major Occupancy group in any
existing building or structure, or part thereof;
(d)
for a change from one use to another within the same division in a Major
Occupancy group which results in an increase in the occupant load;
(e)
for a change or addition of an occupancy classification of a suite in a
building; and
(f)
for a change from a use not previously authorized to a new use.
4.2.3.2 The Authority may issue an Interim Occupancy Permit for a partial use of a
building or structure subject to any conditions imposed by The Authority.
4.2.3.3 No change shall be made in the type of occupancy or use of any building or
structure, which would place the building or structure in a different occupancy
group, or divisions within a group, unless such building or structure is made to
comply with the requirements of the Code for that occupancy group, or division
within a group.
4.2.3.4 The Authority may issue a Temporary Occupancy Permit for the use of a building
or structure approved as a temporary building or structure.
4.2.3.5 A Temporary Occupancy Permit shall be for a period not more than six (6)
months, but before the expiration of such period, the Temporary Occupancy
Permit may be renewed by The Authority for two further six months periods.
4.2.3.6 Notwithstanding apparent compliance with this by-law, The Authority may refuse
to issue an Occupancy Permit if the building, structure or proposed use is to The
Authority's knowledge in violation of a Zoning by-law, or any other by-law of
The Authority.
4.2.3.7 An applicant for an Occupancy Permit shall supply all information requested by
The Authority to show compliance with the by-law and any other relevant by-
laws of The Authority.
4.2.3.8 The required Occupancy Permit shall be displayed and maintained in a legible
condition by the owner or his agent in a location acceptable to The Authority.
- 8 -
4.2.4. Demolition Permits:
4.2.4.1 No person shall commence or cause to be commenced the demolition of any
building or structure, or portion thereof, unless a Demolition Permit has first been
obtained from The Authority.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements of
the Code.
4.2.5 General:
4.2.5.1 No permit shall be assigned or transferred without the written consent of The
Authority.
SECTION 5
Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow The Authority to enter any building or premises at any
reasonable time for the purpose of administering and enforcing the requirements
of this by-law.
5.1.2 Every owner shall obtain all permits or approvals required in connection with
proposed work, prior to commencing the work to which they relate.
5.1.3 Every owner shall:
(a)
ensure that the plans and specifications on which the issue of any permit
was based are available continuously at site of the work for audit or
inspection during working hours by The Authority, and that the Permit, or
true copy thereof, is posted conspicuously on the site during the entire
execution of the work.
(b)
keep visible at all times during construction the street number of the
premises in figures at least 3 inches (75 mm) high and visible from the
street or sidewalk.
5.1.4 Every owner shall give notice to The Authority of dates on which he intends to
begin work prior to commencing work on the building site.
5.1.5 Every owner shall before commencing the work, give notice in writing to The
Authority, prior to commencing the work, listing
(a)
the name, address and telephone number of
(i)
the constructor or other person in charge of the work;
(ii)
the designer of the work;
(iii)
the person reviewing the work; and
(iv)
any inspection or testing agency engaged to monitor the work or
part of the work.
(b)
any change in or termination or employment of such persons during the
course of the construction immediately that such change or termination
occurs.
5.1.6 Every owner shall give sufficient notice to The Authority.
(a)
of intent to begin work that The Authority has directed may be subject to
audit during construction,
(b)
of intent to cover work that The Authority has directed may be subject to
audit during construction; and
- 9 -
(c)
when work has been completed and before occupancy.
5.1.7 Every owner shall give notice in writing to The Authority;
(a)
immediately upon any change in ownership or change in the address of the
owner occurs prior to the issuance of an Occupancy Permit;
(b)
prior to occupying any portion of the building if it is to be occupied in
stages; and
(c)
of any such other notice as may be required by The Authority.
5.1.8 Every owner shall give such other notice to The Authority as may be required by
the provisions of the Code or this by-law.
5.1.9 Every owner shall make, or have made at his own expense, the tests or inspections
necessary to prove compliance with these requirements and shall promptly
provide a copy of all such test or inspection reports to The Authority when and as
required by The Authority.
5.1.10 Every owner shall provide an up-to-date survey of the building site when and as
required by The Authority.
5.1.11 When required by The Authority, every owner shall uncover and re-cover at his
own expense any work that has been covered contrary to an order issued by the
above authority.
5.1.12 Every owner is responsible for the cost of repair of any damage to public property
or works located thereon that may occur as a result of undertaking work for which
a building permit was or was not required.
5.1.13 Except in one and two family dwellings and their accessory buildings, every
owner shall, where required, obtain an occupancy permit from The Authority
before any
(a)
occupancy of a building or part of it after construction, partial demolition
or alteration of that building, or
(b)
change in the occupancy of any building or part of it.
5.1.14 Every owner shall require a final inspection to be done of a one or two family
dwelling by The Authority prior to the occupancy of such building or structure
and shall not occupy such building or structure prior to the completion of any
necessary work required by The Authority.
5.1.15 The granting of a permit by The Authority shall not in any way relieve the owner
of a building from full responsibility for carrying out the work or having it carried
out in accordance with these requirements, including ensuring that the occupancy
of the building, or any part of it, is in accordance with the terms of the permit.
5.1.16 When a building or part of it is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe condition.
5.1.17 (1) Every owner who undertakes to construct or have constructed a building
which
(a)
has structural components falling within the scope of Part 4 of the Code,
(b)
has structural components specifically requiring a professional engineer
design in accordance with the Code, or
(c)
requires the use of fire-walls according to the Code,
shall ensure that an architect, professional engineer or both are retained to
undertake professional design and inspection.
- 10 -
(2) Professional design and inspection referred to in sentence (1) requires that an
architect, professional engineer or both be responsible
(a)
for the design and that all appropriate plans, specifications and related
documents meet the requirements of the Code. and the requirements of
applicable acts, regulations and by-laws, and bear the seal or stamp of the
registered professional, and
(b)
for inspection of construction to ensure compliance with the design and
the requirements of applicable acts, regulations and by-laws.
(3) If the engagement of an architect or professional engineer pursuant to
Sentences 5.1.17.(1) and (2) is terminated during the construction period, work
shall be discontinued until a replacement has been appointed.
(4) The requirements of Sections 5.1.17(1), (2), and (3) shall apply to a change in
occupancy, an alteration, addition, reconstruction or the relocation of a building
where and as required by The Authority.
5.1.18 Where the dimensions of a structural component are not provided in Part 9 of the
Code for use in a building within the scope of that part, and such dimensions are
to be determined on the basis of calculation, testing or other means of evaluation,
the owner shall retain the services of an architect or professional engineer.
5.1.19 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or
relocate a building shall provide supervision and coordination of all work and
trades.
5.1.20 Every owner shall ensure that all materials, systems, equipment, and the like used
in the construction, alteration, reconstruction or renovation of a building meet the
requirements of applicable acts, regulations and by-laws for the work undertaken.
5.1.21 Every owner shall be responsible for all costs including legal costs incurred by
The Authority seeking to enforce any requirements of the applicable acts,
regulations and by-laws for the work undertaken and such costs shall be added to
the taxes to be due and payable in the same manner as ordinary taxes against the
property.
5.2
Duties And Responsibilities Of The Constructor:
5.2.1 Every Constructor shall ensure that all construction safety requirements of the
Code are complied with.
5.2.2 Every Constructor is responsible for ensuring that no excavation or other work is
undertaken on public property, and that no building is erected or materials stored
in whole or in part thereon without approval first having been obtained in writing
from the Council.
5.2.3 Every Constructor shall be responsible for all costs including legal costs incurred
by The Authority seeking to enforce any requirements of the applicable acts,
regulations and by-laws for the work undertaken and such costs shall be added to
the property taxes of the owner to be due and payable in the same manner as
ordinary taxes on the property.
5.2.4 Every Constructor is responsible jointly and severally with the owner for work
actually taken.
5.3
Duties & Responsibilities of Authority Having Jurisdiction:
5.3.1 The Authority shall administer this by-law and shall have the powers of
enforcement more particularly set out in Article 5.5 herein.
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5.3.2 The Authority shall keep copies of all applications received, permits and orders
issued, inspections and tests made, and of all papers and documents connected
with the administration of the Code and this by-law for such time as required by
the provisions of the Municipal Act
5.3.3 Where The Authority seeks to enforce any of the powers set out in Article 5.5.2
herein, The Authority shall issue in writing such notices or orders as may be
necessary to inform the owner of the contravention of the Code or this by-law.
5.3.4 The Authority shall provide, when requested to do so, all reasons for refusal to
grant a permit.
5.4
Duties and Responsibilities of the Designer:
5.4.1 When a designer is retained, the designer shall ensure that the design of the
building conforms to the Code.
5.4.2 When a professional engineer or architect is required by the Code or the
requirements of this by-law, they shall do inspections to ensure that the
construction conforms to the design and the Code.
5.4.3 Every designer is required to submit to The Authority:
(a)
all information needed for review of the design;
(b)
any changes to the design for which a permit has or may be issued;
(c)
copies of all inspection reports for inspections done by the designer and
others, and
(d)
any other documentation or certification required by The Authority.
5.4.4 Every designer shall ensure that all materials, systems, equipment or related
matter specified for the construction, alteration, reconstruction or renovation of a
building meet the requirements of the Code and the requirements of applicable
Acts, regulations and by-laws for the work to be undertaken.
5.4.5 If the responsible architect and or professional engineer withdraws from the
project, he shall immediately advise The Authority.
5.4.6 Prior to the issuance of an occupancy permit, the responsible architect and/or
professional engineer shall, where required by The Authority, submit a certificate
stating:
"The construction has been reviewed under my supervision in
accordance with recognized professional inspection standards, and
that to the best of my/our knowledge the structure was constructed
in accordance with the accepted drawings and specifications and
requirements of the applicable by-laws".
5.4.7 The responsible architect and/or professional engineer shall sign, date and seal all
of the documents referred to in this article.
5.5
Powers of The Authority :
5.5.1 The Authority may enter any building or premises at any reasonable time to audit
for compliance with the Code or the requirements of this by-law, or to determine
if an unsafe condition exists.
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5.5.2 The Authority is empowered to issue orders for:
(a)
an owner or authorized agent to hold at specific stages of construction in
order to facilitate an audit or inspection;
(b)
a person who contravenes these requirements to comply with them within
the time period that may be specified;
(c)
work to stop on the building or any part of it if such work is proceeding in
contravention of these requirements, or if there is deemed to be an unsafe
condition;
(d)
the removal of any unauthorized encroachment on public property;
(e)
the removal of any building or part of it constructed in contravention of
these requirements;
(f)
the cessation of any occupancy in contravention of these requirements;
(g)
the cessation of any occupancy if any unsafe condition exists because of
work being undertaken or not completed, and
(h)
correction of any unsafe condition.
5.5.3 The Authority may direct that tests of materials, equipment, devices, construction
methods, structural assemblies or foundation conditions be made, or sufficient
evidence or proof be submitted at the expense of the owner, where such evidence
or proof is necessary to determine whether the material, equipment, device,
construction or foundation condition meets these requirements.
5.5.4 The Authority, may require an owner to submit, in addition to the information
required in Article 4.1.1, an up-to-date plan or survey, prepared by a registered
land surveyor, architect or professional engineer, as is appropriate to the work,
and which shall contain sufficient information regarding the site and the location
of any building
(a)
to establish before construction begins that all the requirements related to
this information will be complied with; and
(b)
to verify that, upon completion of the work, all such requirements have
been complied with.
5.5.5 The Authority may ask for any other documentation or tests deemed necessary at
the expense of the owner.
5.5.6 Notwithstanding any other provisions herein, wherein the opinion of The
Authority the site conditions, the size or complexity of a building, part of a
building or building component warrant, or for any other reason, The Authority,
may require that the owner have the following done at his/her expense:
(a)
the appropriate plans, specifications and related documents be reviewed by
and bear the seal or stamp of an architect or professional engineer, and
(b)
the work be inspected during construction by the architect or professional
engineer responsible for the work.
5.5.7 The Authority may issue a building permit at the risk of the owner with the
necessary conditions to ensure compliance with these requirements and any other
applicable regulations, to excavate or to construct a portion of a building before
all the plans of the project have been submitted to The Authority.
5.5.8 The Authority may refuse to issue any permit
(a)
whenever information submitted is inadequate to determine compliance
with the provisions of these requirements,
(b)
whenever incorrect information is found to have been submitted,
(c)
that would authorize any building work or occupancy that would not be
permitted by these requirements, or
(d)
that would be prohibited by any other Act, regulation or by-law.
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5.5.9 The Authority may revoke a permit by written notice to the permit holder if
(a)
there is contravention of any condition under which the permit was issued,
(b)
the permit was issued in error, or
(c)
the permit was issued on the basis of incorrect information,
(d)
the work is being done contrary to the terms of the permit.
5.5.10 The Authority may place a valuation on the cost of the work for the purpose of
determining permit fees. Such valuation shall take precedence over any valuation
provided by the owner.
5.5.11 The Authority may issue an occupancy permit, subject to compliance with
provisions to safeguard persons in or about the premises, to allow the occupancy
of a building or part of it for the accepted use, before commencement or
completion of the construction or demolition work.
5.5.12 When any building, construction or excavation or part of it is in an unsafe
condition, as a result of being open or unguarded, or because of danger from fire
or risk of accident because of its ruinous or dilapidated state, faulty construction,
abandonment or other, and when due notice to correct such condition has not been
complied with, The Authority may
(a)
demolish, remove or make safe such building, construction excavation or
part of it at the expense of the owner and may recover such expense in like
manner as municipal taxes, and
(b)
take such other measures as he may consider necessary to protect the
public.
5.5.13 Notwithstanding any other provisions herein, when, in the opinion of The
Authority, immediate measures need to be taken to avoid an imminent danger,
The Authority may take such action as is appropriate, without notice and at the
expense of the owner.
5.5.14 The Authority may withhold issuing an occupancy permit on completion of the
building or part of the building, until the owner has provided letters to certify
compliance with the Code, these requirements and the requirements of applicable
Acts, regulations or by-laws.
5.5.15 The Authority may issue to the owner an order or notice in writing to correct any
unsafe conditions observed in any building.
SECTION 6 Appeal
6.1
Any person aggrieved by any decision or order of The Authority as to the
issuance of permits, the prevention of construction or occupancy of buildings, the
demolition or removal of buildings, or structures, or any other matter herein may,
within fifteen (15) days from the date of the decision, appeal to the Council. All
decisions or orders remain in effect during the appeal process.
6.2
Council may hear the appeal as a committee of the whole or by subcommittee
especially established for this purpose.
6.3
Upon the hearing of an appeal, the Council may:
(a)
uphold, rescind, suspend or modify any decision or order given by The
Authority;
(b)
extend the time within which compliance with the decision or order shall
be made; or
(c)
make such other decision or order as in the circumstances of each case it
deems just;
and the decision or order of the Council upon being communicated to the
appellant, shall stand in place of the decision or order against which appeal is
made, and any failure to comply with the decision or order is an offense.
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SECTION 7 Offenses and Penalties
7.1
Any person who contravenes or disobeys, or refuses or neglects to obey
(a)
any provision of the Code or this by-law or any provision of any other by-
law that, by this by-law, is made applicable; or
(b)
any order or decision of the Council under Article 6 herein;
for which no other penalty is herein provided is guilty of any offence and liable,
on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00),
or in the case of an individual, to imprisonment for a term not exceeding six
months or to both such fine and such an imprisonment
7.2
Where a corporation commits an offence against the Code or this by-law, each
Director or Officer of the corporation who authorized, consented to , connived at,
or permitted or acquiesced in, the doing of the act that constitutes the offence, is
likewise guilty of the offence and liable, on summary conviction, to a fine not
exceeding ten thousand dollars($10,000.00).
7.3
Where the contravention, refusal, neglect, omission, or failure, continues for more
than one day, the person is guilty of a separate offence for each and every day that
it continues.
7.4
Pursuant to Subsection 3.4.2 and 5.1.2, where construction takes place prior to a
building permit being issued that authorizes construction, in addition to the fee
required for the permit, an additional charge equal to the amount of the fee
required for the permit is hereby imposed on the Person responsible for the
construction, as defined in this by-law.
SECTION 8 Repeal
8.1
By-law No. 08/18 is hereby repealed.
8.2
The repeal of the by-law in the last preceding section mentioned shall not revive
any by-law or any provision of any by-law repealed by them, nor shall the said
repeal prevent the effect of any saving clause in the said by-law or the application
of any of the said by-law or any other by-law or provision of law formerly in
force to any transaction matter or thing anterior to the said repeal to which they
would otherwise apply.
8.3
And the repeal of the said by-law should not affect:
(a)
any penalty, forfeiture or liability incurred before the time of such repeal,
or any proceedings for enforcing the same, had, done, completed or
pending at the time of such repeal;
(b)
any action, suit, judgment, decree, certificate, execution, process, order,
rule or any proceeding, matter or thing whatever, respecting the same had,
done, made, entered, granted, completed, pending, existing or in force at
the time of such repeal;
(c)
any act. deed, right, title, interest, grant, assurance, registry, rule,
regulation, contract, lien, charge, matter or thing had, done, made,
acquired, established or existing at the time of such repeal;
(d)
any office, appointment, commission, salary, allowance, security, duty or
any matter or thing appertaining thereto at the time of such repeal
(e)
any bond, note, debenture, debt, or other obligation made, executed, or
entered into by the Corporation at the time of such repeal;
(f)
shall and such repeal defeat, disturb, invalidate, or prejudicially affect any
other matter or thing whatsoever had, done, completed, existing or
pending at the time of such repeal.
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SCHEDULE "A"
This is Schedule "A" to By-Law No. 25-02
respecting
"Classes of Permits"
Class of Permit
1)
Building Permit
2)
Demolition Permit
3)
Plumbing Permit
4)
Occupancy Permit
5) Change in Use Permit
6)
Sign Permit
7) Farm Development Permit
8) Renovation Permit
SCHEDULE "B"
This is Schedule "B" to By-Law No. 25-02
respecting
List of Plans or Working Drawings
to accompany applications for permits
or as required by The Authority
*Engineered stamped drawings are required for:
Wood Basements, truss drawings
Foundations with a wall over 40ft long and all new Dwellings
1)
The Site Plan or Site Plan Certificate
2)
Building Location Certificate
3)
Floor Plans
4)
Foundation Plans
5)
Framing Plans
6)
Roof Plans
7)
Reflected Ceiling Plans
8)
Sections and Details
9)
Building Elevations
10)
Heating, Ventilation,Air Conditioning Drawings and HRV Balancing Reports
11)
Plumbing Drawings
12)
Energy Code Calculation
13)
Home Warranty Requirement *as of January 1 2020
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SCHEDULE "C"- Amended March 1 2025
Fees
A)
Building Permits
Main Building 1st Floor
.35 per sq.ft or Min $275
(includes dwelling, mobile homes, attached garages, additions, porches etc;)
Main Building 2nd Floor
.30
Basement
.25
Detached Garage
.25 or min $200
Open deck
.25
(Detached or Attached decks 2ft or more above ground level)
Enclosed Deck
.25 or Min $200
Detached Accessory Storage building
.25 or Min $100
(over 108 square feet)
Commercial
.50 or Min $1,000
Plumbing Permit
$175.00
Renovation Permit
$200
(for structural alterations and repairs)
Renovation Permit for Non Structural $150
alterations or repairs where value of the work is more than $10,000
Demolition Permit
$50
Sign Permit
$100
Farm Permit
$100
Change of Use Permit
$100
Occupancy Permit when required
$100
Temporary Building/Use
$100 & $500 Refundable
Deposit
Fence
$100
Pool/Hot Tub
$100
Inground Pool
$125
Development Fee - Residential
$100
Development Fee - Commercial
$250
Administration Fee Applies to all building permits
Refundable Deposits
House/Addition
$1,000
Garage/Renovation
$500
Commercial
$1,000
Minimum permit fee
$50
No Maximum Fees
Pre-Inpection Fee (for buildings being moved
$50/hour + Mileage
Into the municipality)
Hourly Inspection Fee where applicable
$50/hour + Mileage
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Water Connection Fee in Serviced Area: Dominion City or Emerson $2,000
Rural/Arnaud Area $15,000 or as per agreements of the Municipality. Sewer
Service Connection Fee in Serviced Areas: $2,500
B)
Waiver of Permit Fee
Fees may be waived upon resolution of Council for any development deemed
appropriate by the Municipality.
C)
Refunds
Whenever a permit is denied, revoked or surrendered for cancellation after
obtaining the permit within the first six months, a refund of 80% of the total
permit fee is remitted to the applicant and any inspections conducted are to be
deducted from the 80% refund.
D) Penalty Fee for Construction Starting Prior to Building Permit being
obtained(Permit Fee x 2)
SCHEDULE "D"
1. APPLICATION
For the construction or relocation of dwellings and commercial/industrial structures, additions, or
major alterations and or repairs of a structure, the owner shall leave a refundable security
deposit, as set out in the Fees & Charges Schedule, with the authority having jurisdiction to
ensure that to the satisfaction of the municipality:
a. Proper lot grades have been established;
b. Access is installed to municipal specifications;
c. Curb stops are in good working order;
d. All necessary building inspections are completed and passed.
2. REFUNDS
The security deposit shall be refunded in full to the payer of the deposit upon satisfactory
completion and inspection of:
a. Rough grading of lots located within the designated Urban Areas;
b. Inspection of curbs, curb stops, utility connections, culverts & accesses and street where
applicable;
c. The residence complies with the Manitoba Building Code or any other requirements,
such as building elevations;
d. All necessary building inspections are completed and passed.
3. DEDUCTIONS
In the event that a re-inspection is required due to either: (1) Non-Compliance, (2) Not ready for
agreed inspection time, or (3) No-show by the builder/homeowner, the cost of the supplementary
inspection will be charged at the rate as set out in the Fees & Charges Schedule and deducted
from the security deposit.
4. FORFEITS
The security deposit shall be forfeited when:
a. Any inspections deemed required during the construction process have been neglected,
omitted or left incomplete for any reason;
b. When final inspection has failed by the designated employee, officer, or employees of the
municipality;
c. Construction is not completed within twenty four (24) months from the time the permit
was approved by the authority, unless a written extension is obtained from the authority
having jurisdiction.
d. The garage pad elevation is greater or less than 3 inches from the required code.