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## THE RURAL MUNICIPALITY OF MONTCALM
## BY-LAW NO. 817/20
## Being a by-law cited as the Rural Municipality of Montcalm Building By-Law
WHEREAS The Building and Mobiles Homes Act has adopted the Manitoba building Code as the minimum construction standard for the Province of Manitoba;
AND WHEREAS Section 4 of The Building and Mobile Homes Act, R.S.M. 1987, c. 93
## states the following:
Notwithstanding anything to the contrary in any other Act of the Legislature, each municipality unless excluded under clause 2 (2) (c), shall adopt and enforce any construction code or building construction standard adopted, established or prescribed under section 3 for the province or the municipality or the part of the province in which the municipality is situated, and may make such by-laws as are necessary for those NOW THEREFORE be it enacted as a by-law of the Rural Municipality of Montcalm as foliows:
1. THAT Appendix "A", being The Montcalm Building Permit By-Law, shall form part of this by-law.
DONE and PASSED by the Council of the Rural Municipality of Montcalm in Council assembled at Letellier, in the Province of Manitoba, this 18th day of November A.D. 2020.
Reeve - Paul Gilmore Read a first time this 17ª day of September, A.D. 2020
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Read a second time this 21* day of October, A.D. 2020
Read a third time and passed this 18% day of November, A.D. 2020
Appendix "A" to By-Law No. 817/20
## MONTCALM
## BUILDING BY-LAW
## TABLE OF CONTENTS
Title
## SECTION ONE:
Scope Definitions
2.1 2.2
## Scope & Definitions
SECTION TWO:
Application Generally 3.2 Limited Application to Existing Buildings
General
SECTION THREE:
Exemptions
Prohibitions Mobile Homes and RTM's
3.3 3.4 3.5
Permits
Application Building Permits
4.1
Permits
4.2
SECTION FOUR:
4.2.3. Occupancy Permits
4.2.2 Plumbing Permits
4.2.5 General
4.2.4. Demoiition Permits Duties of Constructor Duties of Owner Duies of Authority Having Jurisdiction
5.1
Duties Responsibilities, and Powers Duties of Designer Powers of Authority Having Jurisdiction
5.2
SECTION FIVE:
5.3
5.4
5.5
Appeal
SECTION SIX:
Offenses and Penalties
SECTION SEVEN:
Repeal
SECTION EIGHT:
Cassan Bet and to be Scam ite Occupancy Permit Template
SCHEDULE "A" SCHEDULE "B" SCHEDULE ""
## BUILDING BY-LAW NO: 691/11
## Title
## SECTION I
This by-law may be cited as the Rural Municipality of Montcalm Building By-law.
## SECTION 2 Scope & Definitions
## Scope:
2.1
2.1.1 This by-law applies to the whole of the Rural Municipality of Montcalm.
This by-law applies to administration and enforcement in the design, : construcțion, 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.
The requirements of the Code are hereby adopted and shall apply to all work falling within the scope and jurisdiction of this by-law.
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
2.1.4
construction or condition does not constitute an unsafe condition in the
opinion of The Authority.
## Definitions:
22
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 havé 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 Werds and terms in italics in this by-law shall have the following meanings:
means a random review of design or construction work by the authority having jurisdiction to ascertain compliance with the Code and this by-law
## "Audit"
means the Rural Municipality of Montcalm and, where the context requires, such building inspector or other authority lawfully appointed by the Rural Municipality of Montcalm to administer and enforce the provisions of this by-law
"Authority Having Jurisdiction" herein calied "The Authority"
means the Manitoba Building Code as established, adopted and revised from time to time under Section 3 of the Buildings and Mobile Homes Act
"Code"
means the person responsible for the construction indicated on the permit means written or written authorization from The Authority in respect to matters regulated by this by-law means and includes any individual, corporation partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization
"Person"
means ready to move houses being houses or buildings constructed in one location and moved to a different location
"RIM"
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
"Valuation"
and other devices entering into and necessary to the prosecution of the work in its completed form. No portion of any building including, mechanical, electrical, and plumbing work;
shall be excluded from the valuation for a
## permit.
## SECTION 3 General
## 3.1 Application Generally:
## Limited Application to Existing Buildings:
3.2
Ne pars old or ang aerof or repaired excepited the ode apies 10 building the esky the biting hill le in the de se of saler of the disting.
The number of stories of an existing building or structure shall not be increased unless the entire building or structure conforms with the requirement of the Code.
3.2:3 The requirements of this by-law apply where the whole or any part of a building is relocated either within or into the area of jurisdiction of The Authority:
this by-law apply to the work involved in the demolition and to the work
When the whole or any part of a building is demolished, the requirements of deuten es curiage remaining after denion re i the extent that 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, ihe Code, the 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.
## Exemptions:
## 3.3.1 These requirements do not apply to
flood control and hydro electric dams and structures. (d) mechanical or other equipment and appliances not regulated in this by-law.
(a) (0) sewage, water. electrical, telephone, rail or similar systems located on a street or a public transit right of way. polin nion aerials and poles, elevei for loads esulting other those located on or attached to buildings.
subject to the concurrence of The Authority.
accessory buildings not greater than 10 square meters in building area a farm building, other than a farm building used as residence, an attached garage or carport.
## Prohibitions:
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.
work to be done.
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
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 thè acceptance of The Authority to allow such deviation except for minor changes to accepted plans and specifications which, when completed would not cause a violation of the Code or other by-laws.
Where an occupancy permit is required by Section 4.2.3. herein, no person shal occuperator, the scup ancy of ory and permit pas been sued by The Authority.
No person shall, knowingly submit false or misleading information to The Authority, concerning any matter relating to this by-law.
3.4.5
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.
## grades.
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 ubtaining the necessary permit, such that no contravention will occur bacause of the change of the property boundary or
- 4-
## Mobile Homes and RTM's
3.5.1 Mobile homes and/or RTM's shall comply with the requirements of the Code.
The Authority may require any or all of the foliowing in respect to a mobile home or RTM sought to be located within the area of jurisdiction of The Authority:
the submission of a complete set of plans and specifications;
the seal of an Engineer licensed in the Province of Manitoba in professional all buiiding components requiring respect to certification;
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 such inspections or certifications as The Authority may deem
"of any or all inspection reports;
necessary in order to ensure compliance with the Code and this by-
## Other Minimum Building Requirements
3.6
with bedroom egress sizes of the Code.
comply
3.6.1 The minimum window openings in all new foundatiori construction shall
- 3.62 anden suponded basement floors shall provide a minimum of 1-foot from the bottom of the floor joists/beams to the finished ground
## SECTION 4 Permits
4.1 Application:
4.1.1 Except as otherwise allowed by The Authority, every application for a permit shall be in the form prescribed by The Authority and shall:
identifv and describe in detail the work and occupancy to be covered describerme fad which the the iation to de done by a description the Council;
peati te yet as est of shed from ed we to and by a coran pad by they
(unless otherwise waived by The Authority), and show the occupancy
include those plans and specifications set out on Schedule B hereto of all parts of the building, architect, professional engineer or other designer, constructor and state the names, addresses and telephone numbers of the owners, any inspection or testing agency engaged to monitor the work or part include such additional information as maybe required by The Authority.
When an application for a permit has not been completed in conformance ming one apiection that unles otheris estemad in witing by the Authority) be deemed to have been abandoned, and can only be reinstated by re-filing.
4.1.3 Unless otherwise extended in writing by The Authority, a permit shall expire and the right of an owner under the permit shall end if 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 unless otherwise extended by The Authority.
the work authorized under the permit is suspended for twelve months
(b)
Any revision to the original application described in article 4.1.1 shall be made in the same manner as for the original permit. 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.
## Permits:
## 4.2.1 Building Permits:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has first been obtained from The Authority, no person shall commence or cause to be commenced:
the location, placement, erection or construction of any building or
structure or portion thereof;
(a)
the addition, extension, improvement, alteration or conversion of any
building or structure, or portion thereof;
(b)
the repair, rehabilitation, or renovation of any building or structure,
or portion thereof;
underpinning;
the relocation or removal of any building or structure, or portion
(d)
thereof;
(e)
the installation, construction, repair, renewal, alteration or extension
or above it, any building or structure:
the excavation of any land for any purpose of erecting or location on the installation, construction, alteration or extension of a spray paint operation, spray painsing booth, dip tank or other special process; or the alteration, addition, erection or re-erection of a sign.
(i)
of a mechanical system;
## 4.2.1.2 A building permit is not required for:
replacement of stucco, siding or shingles with the same material;
patching, painting or decorating;
replacement of doors or windows when the opening is not altered;
(b)
replacement of open landing and stairs;
(d)
(c)
a detached accessory storage building not greater than 10 square
installation of cabinets and shelves;
meters (108 sq. ft.) in building area subject to the concurrence of The non-structural alterations or repairs where the value of such work in less than ten thousand dollars ($10,000.00)
4.2.1.3 Notwithstanding that a building permit is not required for the work described in Article 4.2.1.2., such work shall comply with the Code and the provisions of this or other applicable by-laws and the work shall not place the building or structure in contravention or further contravention of the Code or this or any other by-law.
4.2.2. Plumbing Permits:
4.2.2.1 Except as provided in senterice 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.
4222 aleine repa is not reguired, he page, fauce, year or trice
- 4.2.2.3 When required by The Authority, the application shall also be accompanied by a plan that shows:
- (a) the location and size of every building drain, and of every trap and clean out fitting that is on a building drain;
- (b) the size and location of every soil or waste pipe, trap and vent pipe;
a layout of the potable water distribution system including pipe sizes
and valves.
## 4.2.3. Occupanc Permits:
permit the occupancy or use or change the occupancy or use of any building
Except as otherwise permitted herein, no person shall occupy or use or or part thereof, for which an occupancy permit is required hereunder.
4.2.3.1 An Occupancy Permit is required from The Authority for:
familv dwelling without shared exit facilities;
- 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 or a multi-family dwelling without shared exit for a inhaluild in or sturer, arpare therein the same division in a
- 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
facilities;
Major Occupancy group which results in an increase in the occupant for a change or addition of an occupancy classification of a suite in a building; and for a change from a use not previously authorized to a new use.
(f).
building or structure subject to any conditions imposed by The Authority:
4.2.3.2 The Authority may issue an Interim Occupancy Permit for a partial use of a
4.2.3.3 No change shall be made in the type of occupancy or use of any building or structure, which would place the building or structure in a different occupancy group, or divisions within a group, unless such building or structure is made to comply with the requirements of the Code for that occupancy group, or divisien within a group.
4.2.3.4 The Authority may issue a Temporary Occupancy Permit for the use of a building or structure approved as a temporary building or structure.
4.2.3.5 A Temporary Occupancy Permit shall be for a period not more than six (6) months: but before the expiration of such period, the Temporary Occupancy. Permit mav be renewed by The Authority for two further six months periods.
4.2.3.6 Notwithstanding apparent compliance with this by-law, The Authority may Leus to the Alah oil kay Permit i to tundra ning by or pr or sed other by-law of The Authority.
by the outhone to sholy compliance with the by-law and any other relevant
4.2.3.7 An applicant for an Occupancy Permit shall supply all information requested legible condition by the owner or his agent in a location acceptable to The
4.2.3.8 The required Occupancy Permit shall be displayed and maintained in a Authority.
4.2.3.9 The required Occupancy Permit shall be in the format as set out in Schedule
4.2.4. Demolition Permits:
4.2.4.1 No person shall commence or cause to be commenced the demolition of any building or structure, or portion thereof, unless a Demolition Permit has first been obtained from The Authority.
4.2.4.2 The demolition of a building or structure shall be subject to the requirements of the Code.
4.2.5 General:
4. 2.5.1 No hori shall be assigned or transferred without the written consent of The
## SECTION 5 Duties, Responsibilities & Powers
5.1. Duties and Responsibilities of the Owner:
Every owner shall allow The Authority to enter any building or premises at any reasonable time for the purpose of administering and enforcing the requirements of this by-law.
5.1.3 Every owner shall:
- ensure that the plans and specifications on which the issue of any
permit was based are available continuously at site of the work for audit or inspection during working hours by The Authority, and that the Permit, or true copy thereof, is posted conspicuously on the site during the entire execution of the work.
the street or sidewalk.
premises in figures at least 3 inches (75 mm) high and visible from
keep visible at all times during construction the street number of the
5.1.4 Every owner shall give notice to The Authority of dates on which he intends to begin work prior to commencing work on the building site.
| Every owner shall before commencing the work, give notice in writing to The Authority, prior to commencing the work, listing (a) the name, address and telephone number of the constructor or other person in charge of the work; the designer of the work; the person reviewing the work; and (iv) any inspection or testing agency engaged to monitor the woik or part of the work. | any change in or termiration or employment of such persons during the course of the construction immediately that such change or términation occurs. 5.1.6 Every owner shall give sufficient notice to The Authority. | of intent to begin work that The Authority has directed may be | subject to audit during construction, (b) of intent to cover work that The Authority has directed may be subject to audit during construction; and | when work has been completed and before occupancy. | Every owner shall give notice in writing to The Authority; immediately upon any change in ownership or change in the address of the owner occurs prior to the issuance of an Occupancy Permit; | prior to occupying any portion of the building if it is to be occupied in stages; and of any such other notice as may be required by The Authority. | 5.1.8 Every owner shall give such other notice to The Authority as may be required by the provisions of the Code or this by-law. | Every owner shall make, or have made at his own expense, the tests or inspections necessary to prove compliance with these requirements and shall promory pron and as regied by the Aust or ypection reports to The | 5.1.10 Every owner shail provide an up-to-date survey of the building site when and as required by The Authority. | 5.1.11. When required by The Authority, every owner shall uncover and re-cover at his own expense any work that has been covered contrary to an order issued | 5.1.12 Every ownier 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 reauired, obtain an occupancy permit from The Authority before any | occupancy of a building or part of it after construction, partial demolition or alteration of that building, or change in the occupansy of any building or part of it. | 5.1.14 Every owner shall require a final inspection to be done of a one or two family dwelling by The Authority prior to the occupancy of such building of structure and shall not occupy such building or structure prior to the completion of any necessary work required by The Authority. |
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5.1.15 The granting of a permit by The Authority shall not in any way relieve the owner of a building from full responsibility for carrying out the work or having it carried out in accordance with these requirements, including ensuring that the occupancy of the building, or any part of it, is in accordance immediately take all necessary action to put the building in a safe condition.
5.1.16 When a building or part of it is in an unsafe condition, the owner shall which
5.1.17 (1) Every owner who undertakes to construct or have constructed a building has structural components failing within the scope of Part 4 of the eag ister dusag inconents epically equiring a professional Code;
(c) requires the use of fire-walls according to the Code, shall ensure that an architect, professional engineer or both are retained to undertake professional design and inspection.
that an architect, professional engineer or both be responsible for the design and that all appropriate plans, specifications and related documents meet the requirements of the Code. and the requirements of applicable acts, regulations and by-laws, and bear the
(2) Professional design and inspection referred to in sentence (1) requires seal or stamp of the registered professional, and
- for inspection of construction to ensure compliance with the design and the requirements of applicable acts, regulations and by-laws.
(3) If the engagement of an architect or professional engineer pursuant to Sentences 5.1.17.(1) and (2) is terminated during the construction period, work shall be discontinued until a replacement has been appointed.
(4) The requirements of Sections 5.1.17(1), (2), and (3) shail apply to a change in occupancy, an alteration, addition, reconstruction or the relocation of a building where and as required by The Authority.
5.1.18 Where the dimensions of a structural component are not provided in Part 9 dimensiond for be determincid o it basis of caic of tha, teati, and stach means of evaluation, the owner shall retain the services of an architect or professional engineer.
5.1.20 Every owner shall ensure that all materials, systems, equipment, and the like used in the construction, alteration, reconstruction or renovation of a building meet the requirements of applicable acts, regulations and by-laws for the work undertaken.
5.1.21 Every owner shall be resoonsible for all costs including legal costs incurred Duties And Responsibilities Of The Constructor:
5.2.1 Every Constructor shall ensure that all construction safety requirements of the Code are complied with.
been obtained in writing from the Council.
mate is stored in one brin paperty, on watno buildinal fies had ot
5.2.2 Every Constructor is responsible for ensuring that no excavation or other Every Constructor shall be responsible for ail costs including legal costs incurred by The Authority seeking to enforce any requirements of the cost sable a a red tatio prone by taxes oft the week i be uk and payail in the same manner as ordinary täxes on the property.
work actually taken.
5.2.4
Every Constructor is responsible jointly and severally with the owner for Duties & Responsibilities of Authority Having Jurisdiction:
enforcement more particuiarly set out in Article 5.5 herein.
5.3.1 The Authority shall administer this by-law and shall have the powers of orders issued, inspections and tests made, and of all papers and documents The Authority shall keep copies of all applications received, permits and connected with the administration of the Code and this by-law for such time as required by the provisions of the Municipal Act
5.5.2 herein, The Authority shall issue in writing such notices or orders as
Where The Authority seeks to enforce any of the powers set out in Article this by-law.
may be necessary to inform the owner of the contravention of the Code or
5.3.4 The Authority shall provide, when requested to do so, all reasons for refusal to grant a permit.
Duties and Responsibilities of the Designer:
building conforms to the Code.
When a designer is retained, the designer shall ensure that the design of the
5.4.1
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.
all information needed for review of the design;
5.4.3 Every designer is required to submit to The Authority:
any changes to the design for which a permit has or may be issued:
copies of all inspection reports for inspections done by the designer and others, and any other documentation or certification required by The Authority.
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 bv-laws for the work to be undertaken.
project, he shall immediately advise The Authority.
5.4.5
If the responsible architect and or professional enginéer withdraws from the Prior to the issuance of an occupancy permit, the responsible architect and/or professional engineer shall, where required by The Authority, submit a certificate stating:
professional
recognized
accordance
"The construction has been reviewed under my supervision in 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 applicable by-laws".
5.4.7 The responsible architect and/or professional engineer shall sign, date and seal all of the documents referred to in this article.
Powers of The Authority:
audit for compliance with the Code or the requirements of this by-law, or to
determine if an unsafe condition exists.
5.5.1
The Authority may enter any building or premises at any reasonable time to an owner or authorized agent to hold at specific stages of construction The Authority is empowered to issue orders for:
within the time period that may be specified;
a person who contravenes these requirements to comply with them
in order to facilitate an audit or inspection;.
proceeding in contravention of these requirements, or if there is
deemed to be an unsafe condition;
the removal of any unauthorized encroachment on public property;
the removal of any building or part of it constructed in contravention
(d)
work to stop on the building or any part of it if such work is occupancy in contravention of these the cessation of any of these requirements;
requirements;
the cessation of any occupancy if any unsafe condition exists because
of work being undertaken or not completed, and
(g)
correction of any unsaje condition.
(h)
The Authority may direct that tests of materials, equiprent, 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.
The Authority, may require an owner to submit, in addition to the
information required in Article 4.1.1, an up-to-date plan or survey, prepared
by a registered land surveyor, architect ör professional engineer, as is
appropriate to the work, and which shall contain sufficient information to establish befere construction begins that all the requirements
regarding the site and the location of any building related to this information will be complied with; and have been complied with.
to verify that, upon completion of the work, all such requirements
5.5:5 The Authority may ask for any other documentation or tests deemed necessary at the expense of the owner.
5.5.6 Notwithstanding any other provisions herein, wherein the opinion of The Authority the site conditions, the size or complexity of a building, part of a building or building component warrant, or for any other reason, The Authority, may require that the owner have the following done at his/her the appropriate plans, specifications and related documents be reviewed by and bear the seal or stamp of an architect or professional professional engineer responsible for the work.
eng mert be inspected during constriction by the architect of The Authority may issue a building permit at the risk of the owner with the ofer apicable regulations, to exace with on regur a portion ra Suiting before all the plans of the project have been submitted to The compliance with the provisions of these requirements.
whenever information submitted is inadequate to determine
5.5.8 The Authority may refuse to issue any permit that would authorize any building work or occupancy that would not whenever incorrect information is found to have been submitted, be permitted by these requirements, or that would be prohibited by any other Act, regulation or by-law.
the permit was issued in error, or
issued,
The Authority may revoke a permit by written notice to the permit holder if there is contravention of any condition under which the permit was the permit was issued on the basis of incorrect information, the work is being done contrary to the terms of the permit.
5.5.11 The Authority may issue an occupancy permit, subject to compliance with provisions to safeguard persons in or about the premises, to allow the occupancy of a building or part of it for the accepted use, before commencement or completion of the construction or demolition work.
condition, as a result of being open or unguarded, or because of danger from
5.5.12 When any building, construction or excavation or part of it is in an unsaje fire or risk of accident because of its ruinous or dilapidated state, faulty construction, abandonment or other, and when due notice to correct such construction condition has not been complied with, The Authority may demolish, remove or make safe such building,|
such expense in like manner as municipal taxes, and
excavation or part of it at the expense of the owner and may recover take such other measures as he may consider necessary to protect the Authority, immediate measures need to be taken to avoid an imminent danger, The Authority may take such action as is appropriate, without notice and at the expense of the owner.
5.5.13 Notwithstanding any other provisions herein, when, in the opinion of The
5.5.14 The Authority may withhold issuing an occupancy permit on completion of the building or part of the builäing, until the owner has provided letters to certify compliance with the Code, these requirements and the requirements of applicable Acts, regulations or by-laws.
5.5.15 The Authority may issue to the owner an order or notice in writing to correct any unsafe conditions observed in any building.
## SECTION 6 Appeal
Any person aggrieved by any decision or order of The Authority as to the issuance of permits, the prevention of construction or occupancy of buildings, the demolition or removal of buildings, or structures, or any other spect hertie Conci. Al e6505 of yes remain in of the dring one, appeal process.
6.2 Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose.
Upon the hearing of ar appeal, the Council may:
6.3
extend the time within which compliance with the decision or order
uphold, rescind, suspend or modify any decision or order given by
The Authority;
shall be made; or
(b)
make such other decision or order as in the circumstances of each
case it deems just;
and the decision or order of the Council upon being communicated to the appellant, shall stand in place of the decision or order against which appeal is made, and any failure to comply with the decision or order is an offense.
## SECTION 7 Offenses and Penalties
Any person who contravenes or disobeys, or refuses or neglects to obey
7.1
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
(a)
any order or decision of the Council under Article 6 herein;
(b)
for which io other penalty is herein provided is guilty of any offence and liable, on summary conviction, to a fine not exceeding five thousand dollars ($5,000.00), or in the case of an individual, to imprisonment for a term not exceeding six months or to both such fine and such an imprisonment
7:2 Where a corporation commits an offence against the Code or this by-law, each Director or Officer of the corporation who authorized, consented to, connived at, or permitted or acquiesced in, the doing of the act that constitutes the offence, is likewise guilty of the offence and liable, on summary conviction, to a fine not exceeding ten thousand dollars($10,000.00).
Where the contravention, refusal, neglect, omission, or failure, continues for
more than one day, the person is guilty of a separate offence for each and
every day that it continues.
Pursuant to Subsection 3.4.2 and 5.1.2, where construction takes place prior
7.4
building permit being issued that authorizes construction, in addition to the fee required for the permit, an additional charge equal to the amount of the fee required for the permit is hereby imposed on the Person responsible for the construction, as detined in this by-law.
## By-law No. 693/11 is hereby repealed.
8.1
The repeal of the by-law in the last preceding section mentioned shall not revive any by-law or any provision of any by-law repealed by them, nor shall the said repeal prevent the effect of any saving clause in the said by-law or the application of any of the said by-law or any other by-law or provision of law formerly in force to any transaction matter or thing anterior to the said repeal to which they would otherwise apply.
8.2
repeal, or any proceedings for enforcing the same had, done,
any penalty, forfeiture or liability incurred before the time of such
And the repeal of the said by-law should not affect:
8.3
order, rule or any proceeding: matter or thing whatever, respecting
any action, suit, judgment, decree, certificate, execution, process,
completed or pending at the time of such repeal;
the same had, done, made, entered, granted, completed, pending, any act. deed, right, title, interest, grant, assurance, registry, rule,
existing or in force at the time of such repeal;
regulation, contract, lien, charge, matter or thing had, done, made,
acquired, established or existing at the time of such repeai;
duty or any matter or thing appertaining thereto at the time of such
any office, appointment, commission, salary, allowance, security, any bond, note, debenture, debt, or other obligation made, executed, or entered into by the Corporation at the time of such repeal; 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.
## SCHEDULE "A"
This is Schedule "A" to By-Law No. 817/20
respecting
"Classes of Permits"
Class of Permit a) Building Permit d) Renovation Permit c) Demolition Permit b) Plumbing Permit e) Other Permits
3) Inground pools
2) Above ground pools/hot tubs/fishponds
5) Farm development
6) Development 7) Development - Commercial
## SCHEDULE "B"
respecting
This is Schedule "B" to By-Law No. 817/20
List of Plans or Working Drawings to accompany applications for permits or as required by The Authority The Site Plan or Site Plan Certificate Building Location Certificate Floor Plans Foundation Plans Framing Plans Roof Plans Reflected Ceiling Plans Sections alertis Heating, Ventilation and Air Conditioning Drawings Plumbing Drawings
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Name of Business:
Property Address:
Description:
Owner of Business:
Certificate Number:
Square Footage:
Occupant Load:
Zoning:
Comments:
Building Official
Date
## OCCUPANCY PERMIT
"Оссирасу Permit"
This is Schedule "A" to By-Law No. 81) respecting
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SCHEDULE "C"'