Municipality of Pembina Minimum Standards Building By-law No. 06-2024 — full text, Municipality of Pembina, Manitoba

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## MUNICIPALITY OF PEMBINA BYLAW NO. 06-2024 BEING A BYLAW of the Municipality of Pembina to establish building standard within the Municipality of Pembina. ## Minimum Standards Building By-law ## TABLE OF CONTENTS | SECTION ONE: SECTION TWO: | Title Scope & Definitions 2.1 Scope | |--------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | SECTION THREE: SECTION FOUR: | General 3.1 Application Generally 3.3 Limited Application to Existing Buildings Exemptions 3.4 Prohibitions 3.5 Mobile Homes, RTM Homes, Modular Homes and Pre-Manufactured Homes Permits 4.1 Application 4.2 Permits 4.2.1 Building Permits | | | Appeal | | SECTION SIX: SECTION SEVEN: | Offenses and Penalties | | SECTION EIGHT: | Repeal | | SCHEDULE "A" | | | SCHEDULE "B" | Classes and Permits and Permit Fees Plans and Specifications to be Submitted | | SCHEDULE "C" | Assurance of Retention of Professional | | SCHEDULE "D" | Assurance of Professional Design and Inspection | | | Letter of Assurance | | SCHEDULE "E" SCHEDULE "F" | Assurance of Compliance | | SCHEDULE "G" | | | | Assurance of Professional Inspection and Compliance | | assembled, hereby enacts as follows: | | | | NOW THEREFORE, the Council of the Municipality of Pembina, in council duly | Section 1: Title THAT this By-law may be referred to as the "Municipality of Pembina Building Bylaw". ## Section 2: Scope & Definitions - 2.1 Scope: - 2.1.1 This by-law applies to the whole of the Municipality of Pembina. - 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 having jurisdiction. - 2.2 Definitions: - The words and terms 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. - 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 For the purpose of this by-law the following definitions shall apply: "Accessory building / storage building" means a building that is not used for human habitation and has no cooking facilities or sleeping areas but excludes farm outbuildings. "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" means the MSTW Planning District and, where the context requires, such building inspector or other authority lawfully appointed by the Municipality 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. "Council" means the municipal council of the Municipality of Pembina. "Mobile home" means a dwelling on a metal frame that readily attaches to wheels for transport (Governed under the Manitoba Building and Mobile Homes Act). "MSTW" means the Morden Stanley Thompson Winkler Planning District. - "Municipality" means the Municipality of Pembina "Permit" means written permission or written authorization from the authority having jurisdiction in respect to matters regulated by this by- "Person" means and includes any individual, corporation partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization. "Pre-manufactured dwelling" means a dwelling that has all components manufactured off site, and fully assembled on site. "RTM" means ready to move new houses, or dwelling units commonly referred to as modular homes, as governed by the current National Building Code of Canada, 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 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 having jurisdiction, 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 having jurisdiction. - 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 Municipality. ( - 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 demolitior 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, earthquake or other cause, the Code, the requirements of this by-law and the appropriate regulations under The Fires Prevention and Emergency Response 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 Fires Prevention and Emergency Response Act, and the Manitoba Fire Code, shall apply to the work necessary to correct the unsafe condition. - 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. - 3.2.8 When a building is enlarged beyond its existing size, the requirements of this bylaw apply to the addition to the building. - 3.3 Exemptions: - 3.3.1 These requirements do not apply to: - (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. - sewage, water, electrical, telephone, rail or similar systems located on a street or a public transit right of way. - (c) flood control and hydro electric dams and structures. - (e) accessory storage buildings not greater than 11.15 square meters (120 square feet) in building area subject to the concurrence of the authority having jurisdiction. - (d) mechanical or other equipment and appliances not regulated in this by-law. - (1) a farm building, other than a farm building used as residence, an attached garage, carport or large farm buildings over 600 sq.m. - 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 having jurisdiction 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 having jurisdiction. - 3.4.5 No person shall knowingly submit false or misleading information to the authority having jurisdiction concerning any matter relating to this by- - 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. - 3.4.8 No person shall allow the ground elevations of a building lot or site to be changed so as to cause surface water to flow or drain towards a building on the same lot or site, or, unto an adjacent lot or building site. - 3.4.9 No person shall restrict or intend to restrict surface water to flow or drain its natural course unless provisions or designs are in place to mitigate or provide alternative drains that do not impede on other building or neighboring properties in a negative way. - 3.5 Mobile Homes, RTM Homes, Modular Homes. and Pre-Manufactured Homes: - 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 having jurisdiction shall require any or all of the following in respect to a mobile home, RTM, Modular Home, or PreManufactured Home, sought to be located within the area of jurisdiction of the Municipality: - (b) the seal of an Engineer licensed in the Province of Manitoba in respect to all building components requiring professional certification; - (a) the submission of a complete set of plans and specifications; - (C) submission of copies of any or all permits taken out for the above described home types in the location of its construction together with a copy of any or all inspection reports; - (d) all inspections or certifications as the authority having jurisdiction may deem necessary in order to ensure compliance with the Code and this bylaw. ## Section 4: Permits - 4.1 Application: - 4.1.1 Except as otherwise allowed by the authority having jurisdiction, every application for a permit shall be in the form prescribed by the authority having jurisdiction and shall: - (b) describe the land on which the work is to be done by a description that will readily identify and locate the building lot, - (a) identify and describe in detail the work and occupancy to be covered by the permit for which the application is made, - (c) state the valuation of the proposed work and be accompanied by the fee required. - (e) include such additional information as maybe required by the authority having jurisdiction. - (d) 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. - 4.1.2 A permit shall expire and the right of an owner under the permit shall - 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 - (c) the exterior of the building is not completed within 12 months from the date of issue of the permit. - the work authorized under the permit is suspended for six months unless otherwise extended by the authority having jurisdiction, or - 4.1.3 Any revision to the original application described in article 4.1.1 shall be made in the same manner as for the original permit. - 4.1.4 Applications for a permit may be filed, and a permit 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 having jurisdiction, no person shall commence or cause to be commenced: - (b) the addition, extension, improvement, alteration or conversion of any building or structure, or portion thereof; - (a) the location, placement, erection or construction of any building or structure or portion thereof; - (c) underpinning; - (e) the installation, construction, renewal, alteration or extension of a mechanical system; - (d) the relocation or removal of any building or structure, or portion thereof; - (1) the installation, construction, alteration or extension of a special process. - (g) any construction, extension, alteration, renewal or repair or make a connection to a plumbing system unless a permit to do so has been obtained ## 4.2.1.2 A building permit is not required for: - (b) replacement of stucco, siding or shingles with a comparable material; - (a) patching, painting or decorating; - (c) replacement of doors or windows when the opening is not - (d) replacement of open landing and stairs; - (f) installation of cabinets and shelves; - (e) construction of fences; - (g) a detached accessory storage building not greater than 11.15 square meters (120 square feet) in building area; - a farm building, other than a farm building used as residence, an attached garage, carport or large farm buildings over 600 sq.m. - (h) 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 - (i) any development that the Municipality Zoning By-law identifies as not requiring a building permit. - 4.2.1.3 Notwithstanding that a building permit is not required for the contravention or further contravention of the Code or this or any other by-law. - 4.2.1.4 Before the issuance of a building permit for cases described in Subsection 4.2.1.6(1), the owner shall (unless the authority having jurisdiction waives such requirement) submit Letters of Assurance in the forms set out in Schedules C and D, as ittached hereto, which - a) confirm that the owner has retained the necessar architects or professional engineers for all the applicable - 4.2.1.5 Before the issuance of a building permit, for cases in which E as attached hereto, confirming that the owner will ensure that the building will be constructed in accordance with the - 4.2.1.6 (1) Every owner who undertakes to construct or have constructed a building which - (b) has structural components specifically requiring a professional engineer design in accordance with - (0) requires the use of firewalls according to the Code, professional engineer or both are retained to undertake - (2) Professional design and inspection referred to in sentence (1) requires that an architect, professional engineer or both be responsible - 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 (unless the authority having jurisdiction waives such requirement). - (3) If the engagement of an architect or professional engineer pursuant to Sentences 4.2.1.6.(1) and (2) is terminated during the construction period, work shall be discontinued - (4) The requirements of Sentences 4.2.1.6(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 having jurisdiction. - 4.2.1.7 Where the dimensions of a structural component are no provided in Part 9 of the Code for use in a building within th ## 4.2.2 Plumbing Permit: - 4.2.2.1 - 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 - 4.2.2.3 When required by the authority having jurisdiction, 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 - ) a layout of the potable wate distribution system ncluding pipe sizes and valve ## 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 having jurisdiction for: - (a) the occupancy of any new building or structure or portion thereof except an owner constructed and owner occupied single-family dwelling; - (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; - b) the occupancy of any existing building or structure wher in alteration is made thereto except an owner occupie single-family dwelling; - (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; - (1) for a change from a use not previously authorized to a - (e) for a change or addition of an occupancy classification of a suite in a building; and - 4.2.3.2 Every owner shall, where required, obtain an occupancy permit from the authority having jurisdiction before any; - (b) change in the occupancy of any building or part of it. - (a) occupancy of a building or part of it after construction, partial demolition or alteration of that building, or - 4.2.3.3 Should occupancy occur before the completion of any work being undertaken, every owner shall ensure that no unsafe condition exists or will exist because of the work being undertaken or not completed. - 4.2.3.4 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. - 4.2.3.5 efore the issuance of an occupancy permit, the owner sha unless the authority having jurisdiction waives suc - 4.2.3.6 - 4.2.3.7 The authority having jurisdiction may issue an Interim Occupancy Permit for a partial use of a building or structure subject to any conditions imposed by the authority having jurisdiction. - 4.2.3.8 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. - 4.2.3.9 The authority having jurisdiction may issue a Temporary Occupancy Permit for the use of a building or structure approved as a temporary building or structure. - 4.2.3.10 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 having jurisdiction for two further six months periods. - 4.2.3.11 Notwithstanding apparent compliance with this by-law, the authority having jurisdiction may refuse to issue Occupancy Permit if the building, structure or proposed use is to the authority having jurisdiction's knowledge in violation of a Zoning by-law, or any other by-law of council or the authority having jurisdiction. - 4.2.3.12 An applicant for an Occupancy Permit shall supply all information requested by the authority having jurisdiction to show compliance with the by-law and any other relevant bylaws of the authority having jurisdiction. - 4.2.3.13 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 having jurisdiction. - 4.2.3.14 The authority having jurisdiction may withhold issuing an occupancy permit on completion of the building or part of the building, until the owner has provided letters to certify requirement if a picable Acts, reg rations or byland. the ## 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 having jurisdiction. - 4.2.4.2 The demolition of a building or structure shall be subiect t he requirements of the Cod ## 4.2.5 General: - No permit shall be assigned or transferred without the written consent of the authority having jurisdiction. Section 5: Duties, Responsibilities & Powers 5.1. Duties and Responsibilities of the Owner: - 5.1.1 Every owner shall allow the authority having jurisdiction 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 the site of the work for audit or inspection during working hours by the authority having jurisdiction, and that the permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work. - 5.1.4 Every owner shall give notice to the authority having jurisdiction 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 having jurisdiction, prior to commencing the work, listing; (a) the name, address and telephone number of - (ii) the person reviewing the work; and - (i) the constructor or other person in charge of the work; - (Iii) 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 having jurisdiction. - (a) of intent to begin work that the authority having jurisdiction has directed and may be subject to audit during construction, - (C) when work has been completed and before occupancy. - (b) of intent to cover work that the authority having jurisdiction has directed and may be subject to audit during construction; and - 5.1.7 Every owner shall give notice in writing to the authority having jurisdiction - (a) immediately upon any change in ownership or change in the address of the owner occurs prior to the issuance of an occupancy permit; - 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 having jurisdiction. - 5.1.8 Every owner shall give such other notice to the authority havin jurisdiction 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 provide a copy of all such test or inspection reports to the authority having jurisdiction. - 5.1.10 Every owner shall provide an up-to-date legal survey of the lot when and as required by the authority having jurisdiction. - 5.1.11 When required by the authority having jurisdiction, 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. 5.4 - 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 Every owner who undertakes to construct, alter, reconstruct, demolish, remove or relocate a building shall provide supervision and coordination of all work and trades. - 5.1.14 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. - 5.1.15 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. - 5.2 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 Municipality. - 5.2.3 Every Constructor is responsible jointly and severally with the owner for work actually taken. - 5.2.4 Every Constructor is responsible to ensure that no work requiring a permit is undertaken until such permit is approved by the authority having jurisdiction. - 5.3 Duties and Responsibilities of Authority Having Jurisdiction: - 5.3.1 The authority having jurisdiction shall administer this by-law and shall have the powers of enforcement more particularly set out in Article 5.5 herein. - 5.3.2 The authority having jurisdiction 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 having jurisdiction seeks to enforce any of the powers set out in Article 5.5.2 herein, the authority having jurisdiction 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 having jurisdiction shall provide, when requested to do so, all reasons for refusal to grant a permit. Duties and Responsibilities of 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 having jurisdiction: (a) all information needed for review of the design; - (b) any changes to the design for which a permit has or may be issued; - (d) any other documentation or certification required by the authority having jurisdiction. - (c) copies of all inspection reports for inspections done by the designer and others, and - 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 designer, architect and/or professional engineer withdraw from the project, such designer, architect and/or engineer shall immediately advise the authority having jurisdiction. - 5.4.6 Prior to the consideration of issuance of an occupancy permit (when required), the responsible designer, architect and/or professional engineer shall, where required by the authority having jurisdiction, 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 designer, architect and/or professional engineer shall sign, date and seal all documents referred to in this section of the bylaw. - 5.5 Powers of the Authority Having Jurisdiction: - 5.5.1 The authority having jurisdiction may enter any building or premises at any reasonable time to audit for compliance with the Code or these requirements, or to determine if an unsafe condition exists. - 5.5.2 The authority having jurisdiction is empowered to issue orders for: - (b) a person who contravenes these requirements to comply with them within the time period that may be specified; - (a) an owner or authorized agent to hold at specific stages of construction in order to facilitate an audit or inspection; - (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; - (e) the removal of any building or part of it constructed in contravention of these requirements; - (d) the removal of any unauthorized encroachment on public property; - (f) the cessation of any occupancy in contravention of these requirements; - (h) correction of any unsafe condition - (g) the cessation of any occupancy if any unsafe condition exists because of work being undertaken or not completed, and - (1) the failure to comply with conditions of a resolution of Council or MSTW order pertaining to a permit. - 5.5.3 The authority having jurisdiction 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 having jurisdiction, may require an owner to submit, in addition to the information required in Article 4.1.1, an up-to-date plan, 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 - (b) to verify that, during construction and upon completion of the work, all such requirements have been complied with. - (a) to establish before construction begins that all the requirements related to this information will be complied with; and - 5.5.5 The authority having jurisdiction 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 having jurisdiction 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 having jurisdiction, may require that the owner have the following done at his/her expense: - (b) the work be inspected during construction by the architect or professional engineer responsible for the work. - (a) the appropriate plans, specifications and related documents be reviewed by and bear the seal or stamp of an architect or professional engineer, and - 5.5.7 The authority having jurisdiction may issue a building permit at the risk of the owner with, if 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 having jurisdiction. - 5.5.8 The authority having jurisdiction may refuse to issue any permit - (b) whenever incorrect information is found to have been submitted, - (a) whenever information submitted is inadequate to determine compliance with the provisions of these requirements, - (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. - 5.5.9 The authority having jurisdiction 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 - (a) the work is being done contrary to the terms of the permit. - (C) the permit was issued based on incorrect information, - 5.5.10 The authority having jurisdiction 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 having jurisdiction may issue to the owner an order or notice in writing to correct any unsafe conditions observed in any building. - 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 having jurisdiction may; - (b) take such other measures as he may consider necessary to protect the public. - 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 - 5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the authority having jurisdiction, immediate measures need to be taken to avoid an imminent danger, the authority having jurisdiction may take such action as is appropriate, without notice and at the expense of the owner. ## Section 6: Appeal - 6.1 Any person aggrieved by any decision or order of the authority having jurisdiction 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 Board. All decisions or orders remain in effect during the appeal process. - 6.2 The Board 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 Board may: - (b) extend the time within which compliance with the decision or order shall be made; or - (a) uphold, rescind, suspend or modify any decision or order given by the authority having jurisdiction; - (c) make such other decision or order as in the circumstances of each case it deems just; and the decision or order of the Board 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. ## Section 7: Offenses and Penalties - 7.1 Any person who contravenes or disobeys, or refuses or neglects to obey - (b) any order or decision of the Board under Article 6 herein; - (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 - (C) the requirements for obtaining an occupancy permit for which no other penalty is herein provided is guilty of any offense and liable, on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00). - 7.2 Where a corporation commits an offense against the Code or this by-law, each Director or Officer of the corporation who authorized, consented to, connived at, or knowingly permitted or acquiesced in, the doing of the act that constitutes the offense, is likewise guilty of the offenses and liable, on summary conviction, to the penalty for which provision is made in Subsection 7.1 and 7.2 aforesaid. - 7.3 Where the contravention, refusal, neglect, omission, or failure, continues for more than one day, the person is guilty of a separate offense for each day it continues. ## Section 8: Repeal - 8.1 That this by-law replaces any previous documents establishing building standards. - 8.2 That By-law No. 10/1996 passed on the 7th day of August, 1996 from the former Municipality known as the Village of Manitou be hereby repealed DONE AND PASSED by Council of the Municipality of Pembina duly assembled in Manitou, in the Province of Manitoba, this 8th day of August, 2024.  Glenn Shiskoski, Reeve  Read a first time this 13th day of June, 2024. Read a second time this 8th day of August, 2024. Read a third time this 8th day of August, 2024. ## MUNICIPALITY OF PEMBINA SCHEDULE "A" TO BY-LAW NO. 06-2024 ## Classes of Permits and Permit Fees All Fee's, Charges and Penalties will be in accordance with the most current policy and or by-law established by the Authority having Jurisdiction. FANFRON ## MUNICIPALITY OF PEMBINA SCHEDULE "B" TO BY-LAW NO. 06-2024 ## Plans and Specifications to be Submitted - Site Plan - Foundation Plans - Floor Plans - Framing Plans - Reflected Ceiling Plans - Roof and Truss Plans - Sections and Details - Building Elevations - 10) Heating, Ventilation and Air Conditioning Drawings - 9) Electrical Drawings - 11) Plumbing Drawings ## MUNICIPALITY OF PEMBINA SCHEDULE "C" TO BY-LAW NO. 06-2024 ## Pursuant to Subsection 4.2.1.4 of the Building Bylaw Note: To be submitted prior to issuance of a Building Permit The information provided is relied upon by the authority having jurisdiction. ## ASSURANCE OF RETENTION OF PROFESSIONAL RE: Design and Inspection of Construction by a professional engineer or architect, known as the "Prime Consultant" MSTW Planning District 180 -- 5th Street, Unit D, Morden, MB, R6M 1C9 Date Dear Sir/Madam: RE: (Address of Project) (Legal Description of Project) The undersigned has retained as the Prime Consultant, to undertake and/or coordinate the design and inspections of the applicable registered professionals required for this project in order to ascertain that the design will comply, and construction of the project will substantially conform in all material respects with the current Building Code and other applicable safety standards, except the construction safety aspects. As used herein, inspections shall mean such reviews of the work at the project site and at fabrication locations, where applicable, as the registered professional, on the basis of professional discretion, considers necessary in order to ascertain that the work conforms in all respects to the plans and supporting documents prepared by the registered professional for which he permit is issued by the municipality for the project. This includes keeping records of all site visits and any corrective action taken as a result thereof. The owner and the prime consultant will notify the Authority Having Jurisdiction in writing priorto any intended termination of or by the prime consultant. It is understood that work on the above project will cease as of the effective date of such termination, until such tim as a new appointment is made The owner hereby certifies that all required Municipal and Provincial Permits and othe required authorizations will be obtained prior to the commencement of construction Prime Consultant's Information Owner's Information Prime Consultant's Name (Print) Owner's Name (Print) Prime Consultant's Signature Owner's/Owner's Agent Signature  Address (Print) Occupation (Print) Address (Print) Occupation (Print) Title of Agent (if applicable) (Print) was hereunto affixed in the The Corporate Seal of presence of (Print name of witness) (Affix Coordinating Professional's Seal above here) The above must be signed by the owner or the owner's appointed agent. The signature must be witnessed by the prime consultant. If the owner is a company, the corporate seal of the company must be affixed to the document in the presence of its duly authorized officers. The officers must also sign, setting forth their positions in the company. The prime consultant is to be registered in the Province of Manitoba as a member in good standing in the Association of Architects or the Association of Professional Engineers. ## MUNICIPALITY OF PEMBINA SCHEDULE "D" TO BY-LAW NO. 06-2024 ## Pursuant to Subsection 4.2.1.4 of the Building By-law Note: To be submitted prior to issuance of a Building Permit Separate form to be submitted by each registered professional. The information provided is relied upon by the Authority Having Jurisdiction ## ASSURANCE OF PROFESSIONAL DESIGN AND INSPECTION MSTW Planning District 180 -- 5th Street, Unit D, Morden, MB, R6M 1C9 Date Dear Sir/Madam: RE: (Address of Project) (Legal Description of Project) The undersigned hereby gives assurance that the design of the (initial applicable item items) ARCHITECTURAL STRUCTURAL MECHANICAL PLUMBING FIRE SUPPRESSION SYSTEMS ELECTRICAL GEOTECHNICAL - Temporary GEOTECHNICAL - Permanent Components of the project as shown on the plans and supporting documents prepared by this registered professional conform to all the applicable requirements of all applicable acts, regulations and by-laws. Further, the undersigned will be responsible for inspections of the above referenced components during construction. The undersigned also assures competence in the necessary fields of expertise to undertake the project based on training, ability and expertise in the appropriate professional and technical disciplines. As used herein, inspections shall mean such reviews of the work at the proiect site and at fabrication locations, where applicable, as the registered professional, on the basis of professional for which the building permit is issued by the municipality for the project. This includes keeping records of all site visits and any corrective action taken as a result The undersigned also undertakes to notify the Authority Having Jurisdiction in writing as soon as practical if his contract for inspection is terminated at any time during Name (Print) Date Name (Signature) Address (Print) Phone (Affix Professional Seal above here) If the Registered Professional is a member of a firm, complete the following: I am a member of the firm (Print name of firm) and | sign this letter on behalf of myself and the firm. Note: The above letter must be signed by a registered professional who is registered in the Province of Manitoba as a member in good standing in the Association of Architects or the Association of Professional Engineers. ## MUNICIPALITY OF PEMBINA SCHEDULE "E" TO BY-LAW NO. 06-2024 Note: To be so Sulsed pit 2135 at the alBing in Permit The information provided is relied upon by the authority having jurisdiction ## LETTER OF ASSURANCE MSTW Planning District 180 - 5t' Street, Unit D, Morden, MB, R6M 1C9 Date Dear Sir/Madam: RE: (Address of Project) (Legal Description of Project) The undersigned agrees to undertake and/or coordinate the design review of this roject in order to ensure that the design will comply and construction of the proiect wil conform in all respects with all applicable acts, regulations and by-laws The owner hereby certifies that all required Municipal and Provincial Permits and other required authorizations will be obtained prior to the commencement of construction. Designer's Information Owner's Information Prime Consultant's Name (Print) Owner's Name (Print) Prime Consultant's Signature Owner's/Owner's Agent Signature Address Occupation (Print) The Corporate Seal of presence of was hereunto affixed in the Date Title of Agent (If applicable)(Print) (Print name of witness) (Affix Owner's Corporate Seal above here) Signed by the owner or the above must be signed by the owner or owner's appointed then mentine ra come or the court seal of the mean statised The officers must also sign, setting forth their positions in the company. ## MUNICIPALITY OF PEMBINA SCHEDULE "F" TO BY-LAW NO. 06-2024 Pursuant to Subsection 4.2.3.8 of the Building By-Law Note: To be submitted after completion of the project but prior to official occupancy The information provided is relied upon the authority having jurisdiction. ## ASSURANCE OF COMPLIANCE MSTW Planning District 180 - 5th Street, Unit D, Morden, MB, R6M 1C9 Date Dear Sir/Madam: RE: (Address of Project) (Legal Description of Project) I hereby certify that all aspects of the project conform with the plan and supporting documents which were submitted prior to receiving a building permit and that the construction conforms to the Manitoba Building Code. I further certify that there are no outs anding Municipal or Provincial approvals, permits or other requirements pertaining to the use or occupancy of this project. Name (Print) Date Name (Signature) Phone Address ## MUNICIPALITY OF PEMBINA SCHEDULE "G" TO BY-LAW NO. 06-2024 ## Pursuant to Subsection 4.2.3.8 of the Building By-law Note: To be submitted after completion of the project but prior to official occupancy Separate form to be submitted by each registered professional. The information provided is relied upon by the authority having jurisdiction. ## ASSURANCE OF PROFESSIONAL INSPECTION AND COMPLIANCE MSTW Planning District 180 - 5th Street, Unit D, Morden, MB, R6M 1C9 Date Deat Sir/Madam: RE: (Address of Project) (Legal Description of Project) I hereby certify that I have fulfilled my obligation for inspection as outlined in the following previously submitted letters; SCHEDULE A SCHEDULE B ASSURANCE OF RETENTION OF PROFESSIONAL ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION Based on such inspections the following aspects of the project conform in all respects with the plans and supporting documents, including all amendments thereto, prepared by this registered professional for which a permit was issued by the municipality for the project. COORDINATION OF DESIGN AND INSPECTION (to be initialed by the prime consultant) ARCHITECTURAL STRUCTURAL MECHANICAL PLUMBING FIRE SUPPRESSION SYSTEMS ELECTRICAL GEOTECHNICAL - Temporary GEOTECHNICAL - Permanent (To be initialed by the applicable registered professional) I hereby enclose the final design plans and supporting documents prepared by this registered professional for the above referenced Project. I further certify that there are no outstanding Municipal or Provincial approvals, permits or other requirements pertaining to the use or occupancy of this project. Name (Print) Name (Signature) Date Phone Address (Affix Professional Seal above here) If the Registered Professional is a member of a firm, complete the following I am a member of the firm (Print name of firm) and I sign this letter on behalf of myself and the firm. Note The above letter must be signed by a registered professional who is registered i he Province of Manitoba as a member in good standing in the Association of Architect or the Association of Professional Engineers.