By-Law 2016-2, Building By-law — full text, Rural Municipality of Oakview, Manitoba

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot a4cd40824f09 · verified 2026-09-24 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BUILDING BY-LAW Of The OAKVIEW BY-LAW NUMBER #2016-2 Recommended revisions by MWPD (revisions reflecting Provincial requirements by regulation or required revision) BEING A BY-LAW of The Rural Municipality of Oakview 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 The Rural Municipality of Oakview is empowered by The Buildings and Mobile Homes Act, RSM 1987, c.B93 to, by by-law, adopt The Manitoba Building 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 The Rural Municipality of Oakview, duly assembled, enacts as follows: ## TABLE OF CONTENTS SECTION ONE: SECTION TWO: Scope & Definitions - 2.1 Scope The Council of the Rural Municipality of Oakview in Council assembled enacts as - 2.2 Definitions ## SECTION THREE: - Application Generally - Mobile Homes and RTM's ## SECTION FOUR: Permits - Permits - Application - Building Permits 424. Demolition Permis - 4.2.2 Plumbing Permits ## SECTION FIVE: Duties Responsibilities, and Powers - Duties of Constructor - Duties of Owner - Duties of Authority Having Jurisdiction - 5.5 Powers of Authority Having Jurisdiction - 5.4 Duties of Designer SECTION SIX: SECTION SEVEN: SECTION EIGHT: SCHEDULE "A" SCHEDULE "B" SCHEDULE "C" SCHEDULE "D" SCHEDULE "E" Appeal Offenses and Penalties Repeal Classes of Permits and Permit Fees follows:- ## SECTION I Title This by-law may be cited as the Rural Municipality of Oakview Building By-law. ## SECTION 2 Scope & Definitions - 2.1 Scope: - 2.1.1 This by-law applies to the whole of the Rural Municipality of Oakview. - 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. - 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: - 2.2.1. 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 - 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" "Authority Having Jurisdiction" means a random review of design or construction work by the authority having jurisdiction to ascertain compliance with the Code and this by-lav means the Rural Municipality of Oakview and, where the context requires, 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 Rural Municipality of Oakview. | "Code" | means the Manitoba Building Code as established, adopted and revised from time to time under Section 3 of the Buildings and Mobile Homes Act | |-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | "Council" | Means paiyur orial Council of the Rural | | "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" | anchori lion from the cohority Waiting, jurisdiction in respect to matters regulated by this by-law | "Person" "Relocating" "RTM" "Unsafe Condition" "Valuation" means and includes any individual, corporation partnership, firm, joint venture, syndicate, association or trust, and any other form of entity or organization 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. means ready to move houses being houses or buildings constructed in one location and moved to a different location 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. 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 o1 fire sprinkler equipment, and all labou 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. ## 3.1 Application Generally: us by-law applies to the design, construction, erection, placement a cupancy of new buildings and the alteration, reconstruction, repa 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. - 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 he requirements of this by-law apply where the whole or any part of ildins is relocated either within or into the area of iurisdiction of f authority having jurisdiction. - 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. - 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. - When an unsafe condition exists in or about a building. the Code. th equirements of this by-law and the appropriate regulations in the Fir Prevention Act, and the Manitoba Fire Code, shall apply to the work necessary to correct the unsafe condition. - 327 eutens is you apa of pay ate it i caned they ## 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) ublic utility towers or poles, television and radio or othe ommunication aerials and towers, except for loads resulting fror those located on or attached to buildings. - (d) mechanical or other equipment and appliances not regulated in this by-law. - (c) flood control and hydro electric dams and structures. - (e) ecessory buildings not greater than 10 square meters (108 squar et) in building area sublect to the concurrence ot the authori having jurisdiction. - (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 Provincial 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 - 3.4.5 No person shall knowingly submit false or misleading information to the or authority having jurisdiction concerning any matter relating to this bylaw. - 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. - 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. - Mobile and Modular Homes, RTM's shall comply with the requirements of the Code and other regulations under The Buildings and Mobile Homes (a) Unless revised by provincial regulation, 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: - (a) the submission of a complete set of plans and specifications; - 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) ate the valuation of the proposed work and be accompanied b le required fee as per the applicable Fees By-law of the Mid-Wes Planning District; and, (d) include the wile waive deciations it out in credite i ed 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 - 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) ze work authorized by the permit is not commenced within si onths from the date of issue of the permit and actively carried oi 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 - 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; - 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) e installation, construction, alteration or extension of a spr int operation. spray painting booth, dip tank or other speci process; or - (i) the alteration, addition, erection or re-erection of a sign. - 4.2.1.2 A building permit is not required for: - patching, painting or decorating; - placement of stucco. siding or shingles with the same materia - placement of doors or windows when the opening is not altere - replacement of open landing and stairs; - construction of fences; - installation of cabinets and shelves; - (h) non-structural alterations or repairs where the value of such work in less than five thousand dollars ($5,000.00) - a detached accessory storage building not greater than 10 square meters (108 square feet) in building area; - 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: - contin hat the over or alained the necesar archie, or professional design and inspection; and - Corporate the architects or professional engineers assurance otessiona desion and commitment tor inspectio - 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 ## 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. - 1.2.2.2 A plumbing permit is not required when a valve, water heater is rei ised or replaced, a sta vage 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; - a layout of the potable water distribution system including pipe sizes and valves. - 4.2.3. Оссирапсу 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: - the occupancy of any new building or structure or portion thereof except a single- family dwelling, a two-family dwelling or a multifamily dwelling without shared exit facilities; - the occupancy of any existing building or structure where an alteration is made thereto, except a single-family dwelling, a twofamily 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; - 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; - 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 proiect conforms with the plans, specifications and related documents for - 2.3.5 The authority having jurisdiction may issue an Interim Uccupancy Perm r a partial use of a building or structure subject to any conditior 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 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 - 42239 The re goned on bapane Per or shis a be dispa bed and mentained i the authority having jurisdiction. ## 4.2.4. Demolition Permits: - 2.4.1 No person shall commence or cause to be commenced the demolition c ay building or structure. or portion thereof. unless a Demolition Perm has first been obtained from the authority having jurisdiction. - 4.2.4.2 The demolition of a building or structure shall be subiect to the 4.2.5 General: - 4.2.5.1 No permit shall be assigned or transferred without the written consent of the authority having jurisdiction. ## SECTION 5 Duties, Responsibilities & Powers - 5.1. Duties and Responsibilities of the Owner: - 5.1.1 building or premises at any reasonable time for the purpose of hilo at any tensoy havine for in penis ar administering and enforcing the requirements of this by-law... - 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: 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. 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. - 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. - 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 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 - (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, - 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. - Every owner shall give notice in writing the authority having jurisdiction - (a) immediately upon any change in ownership or change in the address of the owner occurs prior to the issuance of an Occupancy Permit; prior to occupying any portion of the building if it is to be occupied in stages; and (c) - of any such other notice as may be required by the authority having jurisdiction. - Every owner shall give such other notice to the authority having jurisdiction as may be required by the provisions of the Code or this bylaw. - 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 - 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 Exee in er shad we argui delings and their accessor buildings, authority having jurisdiction before any - occupancy of a building or part of it after construction, partial demolition or alteration of that building, or - (b) change in the occupancy of any building or part of it. - 5.1.14 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. - 3116 When a lane al nort an op contin the ma shal condition. - 5.1.17 (1) Every owner who undertakes to construct or have constructed a building which - (a) Code, astral componens allig within the scope of Pat 4 or the - 1) bas treat compens eite acting a pression. - (c) requires the use of firewalls according to the Code, (2) Professional design and inspection referred to in sentence (1) requires that an architect, professional engineer or both be responsible requirements of applicable acts, regulations and by-laws, and bear the seal or stamp of the registered professional, and - ) for hero constein ocean coming with daise (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: - 321 Er Code at compid venue ta l construction safety requirements of - Every Constructor is responsible for ensuring that no excavation or other vork 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 ## 5.3 - The authority having jurisdiction shall administer this by-law and shall have the powers of enforcement more particularly set out in Article 5.5 - 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 Th reasons for having turisdictione-hall provide, when requested to do so, ## 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 inspection reports for inspections done by the designer and others, and - (d) any other documentation or certification required by the authority having jurisdiction. 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 - 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: - 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: - n owner or authorized agent to hold at specific stages of onstruction in order to facilitate an audit or inspection - a person who contravenes these requirements to comply with them within the time period that may be specified; - (c) deemed to be an unsafe condition; - (a) the removal of any unauthorized encroachment on public property; - (e) the removal of any building or part of it constructed in - (f) the cessation of any occupancy in contravention of these requirements; - (g) le cessation of any occupancy it any unsate condition exis cause of work being undertaken or not completed, ar - (h) correction of any unsafe condition. - 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. - 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. - The authority having jurisdiction may ask for any other documentation or tests deemed necessary at the expense of the owner. - 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) he appropriate plans, specifications and related documents b eviewed by and bear the seal or stamo of an architect ol professional engineer, and - the work be inspected during construction by the architect or professional engineer responsible for the work. - 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 - menever winne po sons ordes readieguate to determin - (b) whenever incorrect information is found to have been submitted, - 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. - 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, such condition has not been complied with, the authority having jurisdiction may - (a) demolish, remove or make safe such building, construction excavation or part of it at the expense of the owner and may recover such expense in like manner as municipal taxes, and - (b) take such other measures as he may consider necessary to protect the public. - 5.5.13 Notwithstanding any other provisions herein, when, in the opinion of the authority 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. - 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- - 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 havin jurisdiction as to the issuance of permits, the prevention of construction ol occupancy of buildings, the demolition or removal of buildings, o structures, or any other matter herein may, within fifteen (15) days tron the date of the decision, appeal to the Board of the Mid-West Planning 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. - Upon the hearing of an appeal, the Board of the Mid-West Planning District may: - (b) extend the time within which compliance with the decision or order shall be made; or - 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 - (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 There the contravention, refusal, neglect, omission, or failure, continu r more than one day. the person is guilty of a separate offenses for eac day it continues. - 8.1 By-law No.1999-10 of the former R. M. of Blanshard; 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 bylaws 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; - 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; - 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; - any office, appointment, commission, salary, allowance, security, duty or any matter or thing appertaining thereto at the time of such repeal; - (e) any bond, note, debenture, debt, or other obligation made, executed, or entered into by the Corporation at the time of such repeal; - (f) shall and such repeal defeat, disturb, invalidate, or prejudicially affect any other matter or thing whatsoever had, done, completed, existing or pending at the time of such repeal. ## 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 Rural Municipality of Oakview. DONE AND PASSED by the Council of the Rural Municipality of Oakview in open session assembled in the Rural Municipality of Oakview, in the Province of Manitoba this 28th day of March A.D. 2017. ## Original signed by Brent Fortune REEVE ## Original signed by Diane Kuculym CHIEF ADMINISTRATIVE OFFICER Received first reading this 22nd day of March,A.D.2016 Received second reading this 28th day of June A.D. 2016 Received third reading this 28th day of March A.D. 2017 - The Site Plan - Floor Plans - Framing Plans - Foundation Plans - Roof Plans - Sections and Details - Reflected Ceiling Plans - Building Elevations - Electrical Drawings - Plumbing Drawings - Heating, Ventilation and Air Conditioning Drawings ins is scheaule "*" 10 1y-LaW INO 2010-2 Respecting List of Plans or Working Drawings to accompany applications for permits ## This is Schedule "C" to By-law No. 2016-2 Pursuant to Subsection 4.2.1.4 of the Building Bylaw Note: To be submitted prior to issuance of a Building Permit. The information provided is relied upon by the authority having jurisdiction. ## ASSURANCE OF RETENTION OF PROFESSIONAL E: Design and Inspection of Construction by a professional engineer or architec nown as the "Prime Consultant The Authority Having Jurisdiction Date Dear Sir: RE: (Address of Project) (Legal Description of Project) The undersigned has retained as the Prime Consultant, to undertake and/or coordinate the design and inspections of the applicable registered professionals required for this project in order to ascertain that the design will comply and construction of the project will substantially conform in all material respects with the current Building Code and other applicable safety standards, except the construction safety aspects. As used herein, inspections shall mean such reviews of the work at the project site and at fabrication locations, where applicable, as the registered professional, on the basis of professional discretion, considers necessary in order to ascertain that the work conforms in all respects to the plans and supporting documents prepared by the registered professional for which he permit is issued by the municipality for the pr project. This includes keeping records of all site visits and any corrective action taken as a result until such time as a new appointment is made. The owner hereby certifies that all required Municipal and Provincial Permits and other required authorizations will be obtained prior to the commencement of construction. Prime Consultant's Information Owner's Information Prime Consultant's Name (Print) Owner's Name (Print) Prime Consultant's Signature Owner's or Owner's agent's signature appointed Address (Print) Date Occupation (Print) Title of Agent (if applicable) (Print) (Affix Coordinating Professional's Seal here) Address (Print) The Corporate Seal of was hereunto affixed in the presence of (Print name of witness) (Affix Owner's Corporate Seal here) The above must be signed by the owner or the owner's appointed agent. The signature must be witnessed by the prime consultant. If the owner is a company, the corporate seal of the company must be affixed to the document in the presence of its duly authorized officers. The officers must also sign, setting forth their positions in the company. The ## This is Schedule "D" to By-law No. 2016-2 Pursuant to Subsection 4.2.1.4 of the Building By-law Vote: To be submitted prior to issuance of a Building Permit. Separate form to b submitted by each registered professional. The information provided is relied upon b the Authority Having Jurisdiction ## ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION The Authority Having Jurisdiction Date (Address) Dear Sir: Re: (Legal Description of Project) The undersigned hereby gives assurance that the design of the (initial applicable item/items) ARCHITECTURAL STRUCTURAL MECHANICAL PLUMBING FIRE SUPPRESSION SYSTEMS ELECTRICAL GEOTECHNICAL - temporary GEOTECHNICAL - permanent components of the project as shown on the plans and supporting documents prepared by this registered professional conform to all the applicable requirements of all applicable The undersigned also assures competence in the necessary fields of expertise to undertake the project on the basis of training, ability and expertise in the appropriate protessional and technical disciplines. As used herein, inspections shall mean such reviews of the work at the project site and at fabrication locations, where applicable, as the registered professional, on the basis of professional discretion, considers necessary in order to ascertain that the work conforms in all respects to the plans and supporting documents prepared by this registered professional for which the building permit is issued by the municipality for the project. This includes keeping records of all site visits and any corrective action taken as a result thereof The undersigned also undertakes to notify the Authority Having Jurisdiction in writing as soon as practical if his contract for inspection is terminated at any time during construction. Name (Print) Date Signed Address Phone Affix PROFESSIONAL SEAL here If the Registered Professional is a member of a firm, complete the following I am a member of the firm (Print name of firm) and I sign this letter on behalf of myself and the firm. Note: The above letter must be signed by a registered professional who is registered in the Province of Manitoba as a member in good standing in the Association of Architects ## This is Schedule "E" to By-law No 2016-2 Pursuant to Subsection 4.2.1.5 of the Building By-law Vote: To be submitted prior to issuance of a Building Permit. The information provide is relied upon by the authority having jurisdiction ## LETTER OF ASSURANCE The Authority Having Jurisdiction Date (Address) Dear Sir: Re: (Address of Project) (Legal Description of Project) The owner hereby certifies that all required Municipal and Provincial Permits and other required authorizations will be obtained prior to the commencement of construction. Designer's Information Owner's Information Name (Print) Owner's Name (Print) Signature Owner's or Owner's appointed agent's signature Occupation (Print) (Print) Certification or License Title of Agent (If applicable) Address (Print) The Corporate Seal of was hereunto affixed in the presence of (Print name and office of signatory) Affix Owner's Corporate Seal here) The above must be signed by the owner or the owner's appointed agent. If the owner is a company, the corporate seal of the company must be affixed to the document in the presence of its duly authorized officers. The officers must also sign, setting forth their positions in the company. ## This is Schedule "F" to By-law No. 2016-2 Pursuant to Subsection 4.2.3.2 of the Building By-law ote: To be submitted after completion of the project but prior to official occupan he information provided is relied upon the authority having jurisdictio ## ASSURANCE OF COMPLIANCE The Authority Having Jurisdiction Date Address Dear Sir: Re: (Address of Project) (Legal Description of Project) I hereby certify that all aspects of the project conform with the plan and supporting documents which were submitted prior to receiving a building permit and that th construction conforms to the Manitoba Building Code. I further certify that there are no outstanding Municipal or Provincial approvals, permits or other requirements pertaining to the use or occupancy of this project. Name (print) Signed Date Address Phone ## This is Schedule "G" to By-Law No. 2016-2 Pursuant to Subsection 4.2.3.2 of the Building By-law Note: To be submitted after completion of the project but prior to official occupancy Separate form to be submitted by each registered professional. The information provide is relied upon by the authority having jurisdiction. ## ASSURANCE OF PROFESSIONAL INSPECTION AND COMPLIANCE The Authority Having Jurisdiction Date Address Dear Sir: Re: (Address of Project) (Legal Description of Project) I hereby certify that I have fulfilled my obligation for inspection as outlined in the following previously submitted letters; SCHEDULE A SCHEDULE B ASSURANCE OF RETENTION OF PROFESSIONAL ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT FOR INSPECTION Based on such inspections the following aspects of the project conform in all respects with the plans and supporting documents, including all amendments thereto, prepared by this registered professional for which a permit was issued by the municipality for the COORDINATION OF DESIGN AND Inspection (to be initialed by the prime consultant) - [ ] ARCHITECTURAL FIRE SUPPRESSION SYSTEMS ELECTRICAL GEOTECHNICAL - temporary GEOTECHNICAL - permanent (to be initialed by the applicable professional I hereby enclose the final design plans and supporting documents prepared by this egistered professional for the above referenced Project. I further certify that there are r utstanding Municipal or Provincial approvals, permits or other requirements pertainir to the use or occupancy of this project. Name (print) Signed Date Address Phone ## Affix PROFESSIONAL SEAL here) If the Registered Professional is a member of a firm, complete the following: I am a member of the firm (Print name of firm) and I sign this letter on behalf of myself and the firm. Note. The above letter must be signed by a registered professional who is registered in the Province of Manitoba as a member in good standing in the Association of Architects or the Association of Professional Engineers.