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THE RURAL MUNICIPALITY OF MACDONALD
BY-LAW NO. 21/24
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF MACDONALD
to provide for the regulation of building construction within the Municipality.
WHEREAS Section 4 of The Building and Mobile Homes Act provides as follows:
Municipal responsibility
"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 building
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."
AND WHEREAS subsection 239(1) of The Municipal Act provides as follows:
Municipal inspections and enforcement
"If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied,
enforced or done by a municipality, a designated officer of the municipality may, after giving
reasonable notice to the owner or occupier of land or the building or other structure to be
entered to carry out the inspection, remedy, enforcement or action,
(a) enter the land or structure at any reasonable time, and carry out the inspection, enforcement
or action authorized or required by the Act or by-law;
(b) request that anything be produced to assist in the inspection, remedy, enforcement or action;
and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
NOW THEREFORE, the Council of the Rural Municipality of Macdonald duly assembled,
enacts as follows:
1. Title
This by-law may be referred to as "Rural Municipality of Macdonald Building By-
Law".
2. Scope and Definitions
2.1.
Scope:
2.1.1 This by-law applies to the Rural Municipality of Macdonald.
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.
By-Law No. 21/24
Page | 2
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:
"Alteration" means a change or modification to an existing building,
structure, or use which unless otherwise provided for herein, does not
increase the exterior dimensions with respect to height and area.
"Architect" means a registered member of the Manitoba Association of
Architects, authorized to practice architecture in the Province of
Manitoba.
"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 Rural Municipality of
Macdonald and, where the context requires, such building inspector or
other authority lawfully appointed by Rural Municipality of Macdonald
to administer and enforce the provisions of this by-law.
"Builder" means a person who undertakes a project for an owner
includes an owner who undertakes all or part of the work on a project
and an owner who contracts with more than one person for the work on
a project.
"Building" means any structure used or intended for supporting or
sheltering any use or occupancy.
"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.
"Designer" means the person responsible for the design.
"Engineer" means a licensed Professional Engineer operating in the
Province of Manitoba.
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"Farm Building" means any building or structure existing or erected on
land used primarily for agricultural activities, but does not include
dwelling or mobile homes.
"Final Inspections" means the last inspection to be made on the
construction under development. It is to include all plumbing and
building inspection reports, water/ sewer connection permit,
culvert/access permit and verification and yard/site evaluation
confirmation.
"Inspection" means an official examination or review of construction to
confirm compliance with standards and/or the Code.
"Occupancy Permit" means a permit issued after Final Inspection.
"Owner" means the registered owner of the land;
"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.
"RTM" means ready to move houses being houses or buildings
constructed in one location and moved to a different location.
"Structure" means anything constructed or erected with a fixed location
on or below the ground, or attached to something having a fixed location
on the ground.
"Unsafe Condition" means any condition that can cause undue hazard to
the life 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.
3. General
3.1
Application:
This by-law applies to the design, construction, erection, placement and
occupancy of new buildings and structures and the alteration, reconstruction,
demolition, removal, relocation, occupancy and change in occupancy of existing
buildings.
3.2
Limited Application to Existing Buildings:
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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, 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.
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 The general requirements in Section 3, 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 (108 sq. ft.) in
building area subject to the concurrence of the Authority Having
Jurisdiction.
3.4
Prohibitions:
3.4.1 Any person who fails to comply with an 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
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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-
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 and RTM's:
3.5.1 Mobile homes and/or RTM's shall comply with the requirements of the
Code and the Building and Mobile Homes Act.
3.5.2 The Authority Having Jurisdiction 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 Having Jurisdiction:
(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; and
(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.
3.6
Minimum Building Requirements:
3.6.1 Concrete slab foundations for wood frame detached accessory buildings
with an area of less than 50 square meters (538 sq. ft.) shall be placed on
a minimum of 150mm (6in.) compacted aggregate base, shall not be less
than 125mm (5in.) think and complete with 10M reinforcing steel grid
placed 450mm o.c. (18in.). Concrete slabs for buildings with an area of
50 square meters (538 sq. ft.) to 70 square meters (753 sq. ft.) shall be
placed on a minimum of 150mm (6in.) compacted aggregate base, shall
be a minimum of 150mm (6in.) thick with a 10M reinforcing steel grid
placed 400mm o.c. (16in.) and shall include a thickened edge of a
minimum 300mm (12 in.) by 300mm (12in.) reinforced with 2x15M
horizontal bars top and bottom continuous around the perimeter.
Concrete shall have a minimum strength of 20 Mpa (3000 psi) after 28
days and shall have air entrainment of 5 to 8 percent. For a building area
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greater than 70 square meters (753 sq. ft.), the foundation shall be
designed by a Professional Engineer.
3.6.2 All wooden suspended basement floors shall provide a minimum of
300mm (12 in.) clearance from the bottom of the floor joists/beams to
finished ground level.
3.6.3 Building design and structures not included in the Code shall be
reviewed and approved by a Professional Engineer. These include, but
are not limited to:
- Steel frame buildings
- Pole/post frame buildings
- Canvas shelters
- Ground and roof mount solar panel
- systems
- Below ground swimming pools.
4. Permit
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 set out in the fees and charges by-law;
(d) include those plans and specifications set out on Schedule A hereto
(unless otherwise waived by the Authority Having Jurisdiction), and
show the occupancy of all parts of the building;
(e) include the plans and specifications for the construction of a wood
frame basement/foundation indicating that the construction will be
inspected and certified by an architect and/or professional engineer
licensed in the Province of Manitoba;
(f) state the names and all contact information of the owner(s), architect,
professional engineer or other designer, builder and any inspection
or testing agency engaged to monitor the work or part of the work;
and
(g) include such additional information as may be 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.
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 A permit that has expired under 4.1.3 shall not be subject to a refund of
the permit fee.
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4.1.5 Any revision to the original application described in article 4.1.1. shall
be made in the same manner as for the original permit, or as may be
required by the Authority Having Jurisdiction.
4.1.6 Applications for a permit may be filed, and permit may be issued to an
owner, or to a builder or other properly authorized agent of the owner if
that agent holds a Letter of Authorization as set out in the Schedule H of
this by-law or in some format acceptable to the Authority Having
Jurisdiction.
4.2 Permit
4.2.1 Building Permit:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a 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 development of a previously unfinished basement;
(d) the repair, rehabilitation, or renovation of any building or
structure, or portion thereof;
(e) underpinning of foundations;
(f) the relocation or removal of any building or structure, or
portion thereof;
(g) the excavation of any land for any purpose of erecting or
locating on or above it, any building or structure;
(h) the installation, construction, renewal, alteration or
extension of a mechanical system;
(i) the installation, construction, alteration or extension of a
spray paint operation, spray painting booth, dip tank or other
special process; or
(j) the alteration, addition, erection or re-erection of a sign as
specified in the Municipality's Zoning By-Law;
(k) The installation of an above ground, below ground
swimming pool or hot tub capable of containing 600 mm
(24 in.) or more depth of water;
(l) The installation of roof mount or ground anchor solar panel
system; or
(m) installation of a wood burning appliance.
4.2.1.2 A building permit is not required for:
(a) patching, painting, decorating or general maintenance;
(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 landings 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 Having Jurisdiction;
(h) non-structural alterations or repairs where the value of such
work is less than twenty-five thousand dollars ($25,000.00);
or
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(i) a concrete pad which is not to serve as the foundation or
floor of any structure.
4.2.1.3 Notwithstanding that a 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 permit for cases described in section
5.1.20(1), the owner shall, unless the Authority Having
Jurisdiction waives such requirement, submit Letters of
Assurance in the forms set out in schedules attached to this by-
law, 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
(b) incorporate the architects' or professional engineers'
assurance of professional design and commitment for
inspection.
4.2.1.5 Before the issuance of a 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 the Schedule B attached to this
by-law, confirming that the owner will ensure that the building
will be constructed in accordance with the Code.
4.2.2 Plumbing Permit:
4.2.2.1 Except as provided in Section 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 permit is not required when a valve, faucet, fixture or service
water heater is repaired, replaced, 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
4.2.2.4 When a permit is required only Licensed Utility Contractors are
allowed to connect to municipal water/sewer systems.
4.2.3 Occupancy Permit
Except as otherwise permitted herein, no person shall occupy, use, or
permit the occupancy, 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;
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(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 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 attached to this by-law, 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 Notwithstanding apparent compliance with the 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 the
Municipal Zoning By-Law, the Code, and any other by-law of
the Authority Having Jurisdiction.
4.2.3.6 An applicant for an Occupancy Permit shall supply all
information requested by the Authority Having Jurisdiction to
show compliance with the by-law, the Code, and any other
relevant by-laws of the Authority Having Jurisdiction.
4.2.3.7 The required Occupancy Permit shall be displayed and
maintained in a legible condition by the owner or the owner's
agent in a location acceptable to the Authority Having
Jurisdiction.
4.2.3.8 Notwithstanding that an Occupancy Permit is not required for a
single-family dwelling, a two-family dwelling or a multi-family
dwelling without shared exit facilities, a final inspection is
required prior to the occupancy of any dwelling and the
continued activation of the municipal sewer and water service.
4.2.4 Demolition Permit
4.2.4.1 No Person shall commence or cause to be commenced the
demolition of any building or structure, or portion thereof, unless
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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 and the Authority Having Jurisdiction.
4.2.5 General
4.2.5.1 No permit shall be assigned or transferred unless signed
authorization is received from the assignor or transferor and
assignee or transferee agreeing to the reassignment or transfer.
The Authority Having Jurisdiction may accept or refuse the
reassignment or transfer of a permit from one person to another.
5. Duties, Responsibilities & Powers
5.1
Duties and Responsibilities of the Owner and Builder:
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 any and all proposed work, prior to commencing the work to which
they relate.
5.1.3 It is the responsibility of the owner to ensure all required inspections are
completed at the appropriate intervals as identified by the Authority
Having Jurisdiction.
5.1.4 For
the
construction
or
relocation
of
dwellings
and
commercial/industrial structures, additions, or major alterations and or
repairs to a structure, the owner shall pay a security deposit, as set out in
the fees and charges by-law, 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.
5.1.5 The security deposit shall be refunded in full to the Payer of the security
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 Code or any other requirements,
such as building elevations and driveway approach;
(d) all necessary building inspections are completed and passed.
5.1.6 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 been failed by the designated employee,
officers, or employees of the Municipality;
(c) occupancy of a one or two family dwelling occur before the final
inspection or completion of any necessary work required by the
Authority Having Jurisdiction.
(d) construction is not completed within twenty-four (24) months from
the time of payment of the permit, unless a twelve (12) month
written extension is obtained from the Authority Having
Jurisdiction;
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(e) the garage pad elevation is greater or less than 75mm (3 in.) from
the require grade;
(f) if the sump pit/storm water from the drainage system servicing the
property is discharging into the municipal sewer system;
(g) landscaping is not completed within thirty-six (36 months) from the
time of the payment of the permit.
5.1.7 The Authority Having Jurisdiction may garnish the security deposit for
any required re-inspections and missed inspections at a rate as set out in
the fees and charges by-law.
5.1.8 The garnishment or forfeiture of a deposit may be reviewed, upon in
writing within thirty (30) days from the time of notification to Council
or designated officer as per Section 6 of this by-law.
5.1.9 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 the permit is posted conspicuously on the
site during the entire execution of the work; and
(b) keep visible at all times during construction the street number of the
premises in figures at least 75 mm (3 in.) high and visible from the
street or sidewalk.
5.1.10 Every owner shall give notice, if required, to the Authority Having
Jurisdiction of dates on which the owner intends to begin work prior to
commencing work on the building site.
5.1.11 Every owner shall give notice, if required, to the Authority Having
Jurisdiction, prior to commencing the work, listing:
(a) the name, address and contact information of
(i) the builder 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, termination, or employment of such persons during
the course of the construction immediately that such change or
termination occurs.
5.1.12 Every owner shall give sufficient notice to the Authority Having
Jurisdiction:
(a) of intent to begin work that the Authority Having Jurisdiction had
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.
5.1.13 Every owner shall give notice 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.
5.1.14 Every owner shall when required by the Authority Having Jurisdiction:
(a) give such other notice to the Authority Having Jurisdiction as may
be required by the provisions of the Code or this by-law;
(b) make, or have made at the owner's expense, the tests or inspections
necessary to prove compliance and provide copies of all such tests.
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(c) Provide up-to-date survey or building location certificate of the
building site;
(d) uncover and re-cover at the owner's expense any work that has been
covered contrary to an order issued by the Authority Having
Jurisdiction;
(e) be responsible for the cost of repair of any damage to public property
or works located thereon that may occur as a result of the owner
undertaking work for which a building permit was or was not
required; and
(f) ensure that during the construction process, no unsafe conditions
exists or will exist because of the work being undertaken.
5.1.15 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.
5.1.16 Every owner shall require a final inspection to be done of a one or two
family dwelling by the Authority Having Jurisdiction 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 Having Jurisdiction, and an occupancy
approval document has been provided to the owner and/or builder by the
Authority Having Jurisdiction.
5.1.17 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.
5.1.18 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.
5.1.19 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.
5.1.20 (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 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 Section 5.1.20 (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
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(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 Sections 5.1.20 (1) and (2) is terminated during the construction
period, work shall be discontinued until a replacement has been
appointed.
(4) The requirements of Sections 5.1.20 (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.
5.1.21 Where the dimensions of a structural component are not provided in Part
3 & 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.
5.1.22 Every owner who undertakes to construct, alter, reconstruct, demolish,
remove or relocate a building shall provide supervision and coordination
of all work and trades.
5.1.23 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.
5.1.24 Every owner shall be responsible for all costs including legal costs
incurred by the Authority Having Jurisdiction seeking to enforce any
requirements of applicable acts, regulations and by-laws for the work
undertaken and such costs will be deducted from the applicable security
deposit with any additional costs over and above the security deposit
considered an amount owing to the Municipality and may be collected in
any manner which a tax may be collected or enforced under The
Municipal Act.
5.1.25 It shall be the owner's responsibility for waste management of
construction debris and its removal from the site.
5.1.26 An owner or builder applying for a permit under this by-law who has
forfeited a security deposit within 24 months of the date of the
application must, upon making the application, pay the Authority Having
Jurisdiction the Enhanced Security set out in the fees and charges by-
law.
5.1.27 An owner or builder who remedies, to the satisfaction of the Authority
Having jurisdiction, the deficiency that resulted in forfeiture of the
security deposit may apply to the Authority Having Jurisdiction for a
reduction of the Enhanced Security, upon which the Authority Having
Jurisdiction may reduce the Enhanced Security as it in its sole discretion
decides ("Decision").
5.1.28 In Sections 5.1.26 and 5.1.27, the owner and the builder include a
corporation controlled by the owner or the builder and, if the owner or
builder is a corporation, the person controlling the corporation.
5.2 Duties and Responsibilities of the Builder:
5.2.1 Every builder shall ensure that all construction safety requirements of
the Code and Manitoba Workplace Safety and Health Regulations are
complied with.
5.2.2 Every builder is responsible for ensuring that no excavation or other
work is undertaken on public property, and that no building is erected or
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materials stored in whole or in part thereon without approval first having
been obtained in writing from the Authority Having Jurisdiction.
5.2.3 Every builder shall be responsible for all costs including legal costs
incurred by the Authority Having Jurisdiction seeking to enforce any
requirements of applicable acts, regulations and by-laws for the work
undertaken and such costs will be deducted from the applicable security
deposit with any additional costs over and above the security deposit
considered an amount owing to the Municipality and may be collected in
any manner which a tax may be collected or enforced under The
Municipal Act.
5.2.4 Every builder is responsible jointly and severally with the owner for
work undertaken. During the construction process, every builder must
ensure that the construction site is kept safe and that any open
excavations or hazards are clearly marked and barricaded.
5.2.5 Every builder is responsible jointly and severally with the owner to
ensure all required permits have been obtained prior to commencing
work.
5.2.6 Every builder 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 permit was or was not required and such
costs will be deducted from the applicable security deposit with any
additional costs over and above the security deposit considered an
amount owing to the Municipality and may be collected in any manner
which a tax may be collected or enforced under The Municipal Act.
5.2.7 Every builder shall require a final inspection to be done on a one or two
family dwelling by the Authority Having Jurisdiction 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 Having Jurisdiction.
5.3 Duties and Responsibilities of the 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 section 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.
5.3.2 Where the Authority Having Jurisdiction seeks to enforce any of the
powers set out in section 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(s) of the Code or this by-law.
5.3.3 The Authority Having Jurisdiction shall provide, when requested to do
so, all reasons for refusal to issue 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:
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(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
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, the Authority Having Jurisdiction shall be notified
immediately.
5.4.6 Prior to the issuance of an Occupancy Permit, the responsible designer,
architect and/or professional engineer shall, where required by the
Authority Having Jurisdiction, submit a certificate stating:
5.4.7 "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".
5.4.8 The responsible designer, architect and/or professional engineer shall
sign, date and seal all documents referred to in this section of the by-law.
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 this or
any other by-law 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 conditions meets these requirements.
5.5.4 The Authority Having Jurisdiction may require an owner to submit, in
addition to the information required in section 4.1.1, a staking certificate
and/or building location certificate (BLC) and site plan being not more
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than one (1) year old and 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.
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 the owner's 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,
(c) the permit was issued on the basis of incorrect information, or
(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 reporting. 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 state, and when 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 be
collected in any manner which a tax may be collected or enforced
under The Municipal Act;
(b) take such other measures as may be considered necessary to protect
the public; and
(c) issue to the owner an order or notice in writing to correct any unsafe
conditions observed in any building.
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.
5.5.14 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 compliance with the Code, these
requirements and the requirements of applicable Acts, regulations or by-
laws.
6. Review by Council of the Authority Having Jurisdiction
6.1
Request for review of Decision under Section 5.1.27
6.1.1 The owner or builder may, within 14 days of the date of the Decision
under Section 5.1.27, request that Council of the Authority Having
Jurisdiction review the Decision. The owner or builder must pay the
Enhanced Security in the meantime.
6.1.2 Upon receiving a request for review, the Authority Having Jurisdiction
shall
(a) set a date and time for the review of the Decision.
(b) notify the owner or builder of the date of the review, that they may
appear in person or by counsel, and that if they do not attend the
hearing, the matter will be dealt with in their absence and there will
be no further notice of this proceeding.
6.1.3 Council may conduct and hear the review as a committee of the whole
or by subcommittee established for that purpose.
6.1.4 Upon conducting the review Council shall determine and decide any
matter respecting the review and may confirm or vary the Decision. The
decision of Council shall be final.
6.2
Request for review of a decision or order
6.2.1 Any person aggrieved by any decision or order of the Authority Having
Jurisdiction as to the issuance of a permit, the prevention of construction
or occupancy of building, the demolition or removal of building, or
structures, or any other matter herein, may within thirty (30) days from
the date of the decision, request that Council of the Authority Having
Jurisdiction review the decision or order. All decisions or orders remain
in effect during the review process.
6.2.2 Council may conduct the review as a committee of the whole or by
subcommittee especially established for this purpose.
6.2.3 Upon conducting the review, the Council 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
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(c) make such other decision or order as in the circumstances of each
case it deems just.
6.2.4 The decision or order of the Council, upon being communicated to the
appellant, shall stand in place of the decision or order against which the
request for review was made, and any failure to comply with the decision
or order is an offence.
7. Offences and Penalties
7.1
Any owner or builder who commences work prior to obtaining the required
permits herein, shall be levied as set out in the fees and charges by-law.
7.2
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 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.
7.3
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 knowingly permitted or acquiesced in, the doing of the act that constitutes
the offense, is likewise guilty of the offences and liable, on summary conviction,
to the penalty for which provision is made in subsection 7.2 of this by-law.
7.4
Where the contravention, refusal, neglect, omission, or failure, continues for
more than one day, the person is guilty of a separate offence for each day it
continues.
8. Repeal and Transitional Provisions
8.1
By-Law No. 20/97 is repealed.
8.2
A permit, order or decision made under the repealed by-law remains in effect,
unless revoked or changed under this by-law.
8.3
An application for a permit made under the repealed by-law but not granted
continues as if it was made under this by-law.
8.4
Section 5.1.26 (Enhanced Security) applies to an owner or builder with a
forfeited security under the repealed by-law applying for a permit under this by-
law.
9. Amendments
9.1
Any schedules attached to this by-law may be amended by resolution of
Council.
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Page | 19
DONE AND PASSED by the Council of the Rural Municipality of Macdonald, in Council
duly assembled, at Sanford, Manitoba this 13th day of May, A.D. 2025.
THE RURAL MUNICIPALITY OF MACDONALD
Original Signed by
Brad Erb
Reeve
Daryl Hrehirchuk, CMMA
Chief Administrative Officer
Read a First time this 22nd day of October, A.D. 2024
Read a Second time this 14th day of January, A.D. 2025
Read a Third time this 13th day of May, A.D. 2025
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SCHEDULE "A"
List of Plans or Working Drawings
to accompany applications for permits
1.
Surveyed Site Plan
2.
Staking 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.
Electrical Drawings
11.
Heating, Ventilation and Air Conditioning Drawings
12.
Plumbing Drawings
13.
Other documentation required by the Authority Having Jurisdiction
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SCHEDULE "B"
Letter of Assurance
of Professional Design and Commitment for Inspection
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SCHEDULE "C"
Letter of Certification for Large Part 9 Buildings
and the Assurance of Professional Field Review and Compliance
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SCHEDULE "D"
Letter of Certification for Final Occupancy
Assurance of Professional Field Review and Compliance
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SCHEDULE "E"
Letter of Certification for Interim Occupancy
Assurance of Professional Field Review and Compliance
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SCHEDULE "F"
Letter of Assurance
for Manitoba Energy Code for Buildings 2020
(This letter is required to be submitted before the issuance of a building permit)
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(SCHEDULE "F" - continued)
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SCHEDULE "G"
Letter of Certification for
Manitoba Energy Code for Buildings 2020
of Professional Field Reviews
(This letter must be submitted after completion of the project but before the occupancy
permit is issued or a final inspection is made by the RM of Macdonald)
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SCHEDULE "H"
Letter of Authorization
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(SCHEDULE "H" - continued)