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PRAIRIE VIEW MUNICIPALITY
PROVINCE OF MANITOBA
BY-LAW NO. 2016-03
BUILDING BY-LAW
BEING A BY-LAW of Prairie View Municipality to provide for the adoption of The
Manitoba Building Code and to establish administrative requirements and
procedures for the enforcement of said Code, to be known as the "Building By-
law".
WHEREAS Prairie View Municipality is empowered by The Buildings and Mobile
Homes Act, RSM 1987, c.B93 to, by by-law, adopt The Manitoba Building Code;
AND WHEREAS it is deemed expedient and in the public interest to adopt the said
Code and establish such standards;
NOW THEREFORE the Council of Prairie View Municipality, duly assembled, enacts
as follows:
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TABLE OF CONTENTS
SECTION ONE:
SECTION TWO:
SECTION THREE:
SECTION FOUR:
SECTION FIVE:
SECTION SIX:
SECTION SEVEN:
SECTION EIGHT:
SCHEDULE "A"
SCHEDULE "B"
SCHEDULE "C"
SCHEDULE "D"
SCHEDULE "E"
SCHEDULE "F"
SCHEDULE "G"
Title
Scope & Definitions
2.1
Scope
2.2
Definitions
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
Permits
4.1
Application
4.2
Permits
4.2.l
Building Permits
4.2.2 Plumbing Permits
4.2.3. Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
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
Appeal
Offenses and Penalties
Repeal
Classes of Permits and Permit Fees
Plans and Specifications to be Submitted
Assurance of Retention of Professional
Assurance of Professional Design and Inspection
Letter of Assurance
Assurance of Compliance
Assurance of Professional Inspection and Compliance
SECTION I
Title
This by-law may be cited as the Prairie View Municipality Building By-law.
SECTION2
Scope & Definitions
2.1
Scope:
2.1.1
This by-law applies to the whole of the Prairie View Municipality.
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
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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:
2.2.l. 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"
"Code"
means the Prairie View Municipality and,
where the context requires, such building
inspector
or
other
authority
lawfully
appointed and the Building Inspector or
Assistant
Building
Inspector
lawfully
designated by the Board of the Mid-West
Planning District and named herein as the
designated officer to enforce and administer
this by-law on behalf of the Prairie View
Municipality.
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 Prairie
View Municipality
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"Board"
means the Board of the Mid-West Planning
District that is deemed responsible for the
enforcement and administration of this by-
law under the authority of The Planning Act.
"Permit"
means
written
permission
or
written
authorization from the authority having
jurisdiction in respect to matters regulated by
this by-law
"Person"
means
and
includes
any
individual,
corporation partnership, firm, joint venture,
syndicate, association or trust, and any other
form of entity or organization
"Relocating"
means the moving of a building or structure
from one location to another location, either
on the same property or to another property,
and includes the removal of a building or
structure.
"RTM'
means ready to move houses being houses or
buildings constructed in one location and
moved to a different location.
"Unsafe Condition"
means any condition that could cause undue
hazard to life, limb or health of any person
authorized or expected to be on or about the
premises.
"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.
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SECTION3
General
3.1
Application Generally:
This by-law applies to the design, construction, erection, placement and
occupancy of new buildings and the alteration, reconstruction, repair,
renovation, 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 storeys 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 having jurisdiction.
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, 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.
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 hydroelectric 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 (108 square
feet) in building area subject to the concurrence of the authority
having jurisdiction.
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(f)
a farm building, other than a farm building used as residence, an
attached garage or carport, and is under 600 sq. meters in size and
not regulated by Regulation 128/2010 or other regulations under
The Buildings and Mobile Homes Act.
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 authority having jurisdiction.
3.4.5 No person shall knowingly submit false or misleading information to the
or authority having jurisdiction 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.
3.5
Mobile Homes, RTM's and Buildings relocated to a new location.
3.5.1 Mobile and Modular Homes, RTM's shall comply with the requirements of
the Code and other regulations under The Buildings and Mobile Homes
Act.
(a) Unless revised by provincial regulation, as per Section 1.3.5.4 of
Manitoba Regulation 31/2011: 1) The Code applies to the whole or any
part of an existing building that is moved to a new location.
3.5.2 The authority having jurisdiction may require any or all of the following
in respect to a Mobile /Modular Home or RTM sought to be located within
the area of jurisdiction of the authority having jurisdiction:
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(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 having
jurisdiction may deem necessary in order to ensure compliance
with the Code and this by-law.
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:
(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 per the applicable Fees By-law of the Mid-West
Planning District; and,
(d)
include those plans and specifications set out on Schedule B hereto
(unless otherwise waived by the authority having jurisdiction ), 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 having jurisdiction
4.1.2 When an application for a permit has not been completed in conformance
with the requirements of the authority having jurisdiction within six
months after the date of filing, the application shall (unless otherwise
extended by the authority having jurisdiction) be deemed to have been
abandoned, and can only be reinstated by re-filing.
4.1.3 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 having jurisdiction.
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.
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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 having jurisdiction, 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 square feet) in building area;
(h)
non-structural alterations or repairs where the value of such work
in less than five thousand dollars ($5,000.00)
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.
4.2.1.4 Before the issuance of a building permit for cases described in Subsection
5.1.17(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 attached hereto, which:
(a)
confirm that the owner has retained the necessary architects or
professional engineers for all the applicable disciplines, for
professional design and inspection; and
.
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(b)
incorporate the architects' or professional engineers assurance of
professional design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which professional
design is not required, the owner shall (unless the authority having
jurisdiction waives such requirement) submit a Letter of Assurance, in the
form set out in Schedule E as attached hereto, confirming that the owner
will ensure that the building will be constructed in accordance with the
Code.
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.
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
(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 having jurisdiction
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;
,l
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(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 Before the issuance of an occupancy permit, the owner shall (unless the
authority having jurisdiction waives such requirement) submit Letters of
Assurance in the form set out in the applicable Schedules F and G, as
attached hereto, confirming that the construction of the building, work or
project conforms with the plans, specifications and related documents for
which the building permit was issued.
4.2.3.3 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.
4.2.3.4 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.
4.2.3.5 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.
4.2.3.6 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.
4.2.3.7 Notwithstanding apparent compliance with this by-law, the authority
having jurisdiction may refuse to issue an 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 the
authority having jurisdiction.
4.2.3.8 An applicant for a Occupancy Permit shall supply all information
requested by the authority having jurisdiction to show compliance with
the by-law and any other relevant by-laws of the authority having
jurisdiction
4.2.3.9 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.
4.2.4. Demolition Permits:
4.2.4.l 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 subject to the
requirements of the Code.
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4.2.5 General:
4.2.5.1 No permit shall be assigned or transferred without the written consent of
the authority having jurisdiction.
SECTIONS
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 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.
(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 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
(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 having
jurisdiction.
(a)
of intent to begin work that the authority having jurisdiction has
directed may be subject to audit during construction,
(b)
of intent to cover work that the authority having jurisdiction has
directed may be subject to audit during construction; and
(c)
when work has been completed and before occupancy.
..
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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;
(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 having
jurisdiction.
5.1.8 Every owner shall give such other notice to the authority having
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 promptly provide a copy of all such test or inspection reports to the
authority having jurisdiction when and as required by the authority having
jurisdiction.
5.1.10 Every owner shall provide an up-to-date survey of the building site 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.
5.1.12 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 having jurisdiction 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. l.14 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.
5.1.15 The granting of a permit by the authority having jurisdiction 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,
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(b)
has structural components specifically requiring a professional
engineer design in accordance with the Code, or
(c)
requires the use of firewalls according to the Code,
shall ensure that an architect, professional engineer or both are retained to
undertake professional design and inspection.
(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 Sentences 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 having
jurisdiction.
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.
5.2
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 is responsible jointly and severally with the owner for
work actually taken.
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5.3
Duties & 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.
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 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;
(c)
copies of all inspect ion reports for inspections done by the designer
and others, and
(d)
any other documentation or certification required by the authority
having jurisdiction.
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 having jurisdiction.
5.4.6 Prior to the issuance of an occupancy permit, the responsible 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".
.
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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 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:
(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 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 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 having jurisdiction may ask for any other documentation or
tests deemed necessary at the expense of the owner.
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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:
(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 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
(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.
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
(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 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 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 having
jurisdiction may
'-
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(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 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.
5.5.1 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 compliance with the Code, these
requirements and the requirements of applicable Acts, regulations or by-
laws.
5.5.15 The authority having jurisdiction 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 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 of the Mid-West Planning
District. All decisions or orders remain in effect during the appeal
process.
6.2
The Board of the Mid-West Planning District 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 of the Mid-West Planning
District may:
(a)
uphold, rescind, suspend or modify any decision or order given by
the authority having jurisdiction;
(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 Board of the Mid-West Planning District
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
(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
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(b)
any order or decision of the Board of the Mid-West Planning
District under Article 6 herein;
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), 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 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 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 and Effective Date
8.1
By-law No. 97-2011 RM of Birtle Building By-Law, By-law No. 13-1997
Town of Birtle Building By-Law, and By-Law No. 2-2004 RM of
Miniota Building By-Law, and all amendments thereto, be hereby
repealed.
8.2
The repeal of the by-laws 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-
laws or the application of any of the said by-laws 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-laws 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;
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(t) 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.
Effective Date:
This By-law is hereby adopted and shall come into full force on the date following
that on which it received third reading by the Prairie View Municipality.
DONE AND PASSED by the Council of the Prairie View Municipality in open session
assembled in the Prairie View Municipality in the Province of Manitoba this 22nd day of
March A.D. 2016
Received first reading this 3th day of March A.D. 2016
Received second reading this 22nd day of March A.D. 2016
Received third reading this 22nd day of March A.D. 2016