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RURAL MUNICIPALITY OF ROLAND
BY-LAW No. 8-2008
BEING a by-law to regulate buildings
TABLE OF CONTENTS
SECTION ONE:
Title
SECTION TWO:
Scope & Definitions
2.1
Scope
2.2
Definitions
SECTION THREE:
General
3.1
Application Generally
3.2
Limited Application to Existing Buildings
3.3
Exemptions
3.4
Prohibitions
3.5
Mobile Homes and RTM's
SECTION FOUR:
Permits
4.1
Application
4.2
Permits
4.2.1 Building Permits
4.2.2 Plumbing Permits
4.2.3. Occupancy Permits
4.2.4. Demolition Permits
4.2.5 General
SECTION FIVE:
Duties Responsibilities, and Powers
5.1
Duties of Owner
5.2
Duties of Constructor
5.3
Duties of Authority Having Jurisdiction
5.4
Duties of Designer
5.5
Powers of Authority Having Jurisdiction
SECTION SIX:
Appeal
SECTION SEVEN:
Offenses and Penalties
SECTION EIGHT:
Repeal
SCHEDULE "A"
Classes of Permits and Permit Fees
SCHEDULE "B"
Plans and Specifications to be Submitted
SCHEDULE "C"
Assurance of Retention of Professional
SCHEDULE "D"
Assurance of Professional Design and
Inspection
SCHEDULE "E"
Letter of Assurance
SCHEDULE "F"
Assurance of Compliance
SCHEDULE "G"
Assurance of Professional Inspection and
Compliance
SECTION I
Title
This by-law may be cited as the Rural Municipality of Roland 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 Roland.
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 R.M. of Roland.
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:
"Audit"
means a random review of design or
construction work by the R.M. of Roland
to ascertain compliance with the Code
and this by-law
"Authority Having Jurisdiction"
means the R.M. of Roland and, where the
context requires, such building inspector
or other authority lawfully appointed by
the R.M. of Roland to administer and
enforce the provisions of this by-law
"Code"
means the Manitoba Building Code as
established, adopted and revised from
time to time under Section 3 of the
Buildings and Mobile Homes Act
"Council"
means the Municipal Council of the Rural
Municipality of Roland.
"Permit"
means written permission or written
authorization from the R.M. of Roland in
respect to matters regulated by this by-
law
- 2 -
"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
"Valuation"
shall mean the total monetary worth of all
construction
or
work,
including
all
painting,
papering,
roofing,
electrical
work, plumbing, permanent or fixed
equipment,
including
any
permanent
heating,
elevator
equipment
or
fire
sprinkler equipment, and all labour,
materials and other devices entering into
and necessary to the prosecution of the
work in its completed form. No portion of
any
building
including,
mechanical,
electrical and plumbing work, shall be
excluded from the valuation for a permit.
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SECTION 3
General
3.1
Application Generally:
This by-law applies to 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.
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 R.M. of Roland, the alteration will affect the degree of safety
of the existing building, the existing building shall be improved as may be
required by the R.M. of Roland.
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 R.M.
of Roland.
3.2.4 When the whole or any part of a building is demolished, the requirements
of this by-law apply to the work involved in the demolition and to the work
required to any parts remaining after demolition to the extent that
deficiencies occurring or remaining after demolition require correction.
3.2.5 When a building is damaged by fire, earthquake or other cause, the Code,
the requirements of this by-law and the appropriate regulations under the
Fire Prevention Act, and the Manitoba Fire Code, apply to the work
necessary to reconstruct damaged portions of the building.
3.2.6 When an unsafe condition exists in or about a building, the Code, the
requirements of this by-law and the appropriate regulations in the Fire
Prevention Act, and the Manitoba Fire Code, shall apply to the work
necessary to correct the unsafe condition.
3.2.7 When the occupancy of a building or any part of it is changed, the
requirements of this by-law apply to all parts of the building effected by the
change.
3.3
Exemptions:
3.3.1 These requirements do not apply to
(a)
sewage, water, electrical, telephone, rail or similar systems located
on a street or a public transit right of way.
(b)
public utility towers or poles, television and radio or other
communication aerials and towers, except for loads resulting from
those located on or attached to buildings.
(c)
flood control and hydro electric dams and structures.
(d)
mechanical or other equipment and appliances not regulated in this
by-law.
(e)
a farm building, other than a farm building used as residence, an
attached garage or carport.
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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 R.M. of Roland to allow such
deviation except for minor changes to accepted plans and specifications
which, when completed would not cause a violation of the Code or other
by-laws.
3.4.4 Where an occupancy permit is required by Section 4.2.3. herein, no
person shall occupy or allow the occupancy of any building, or part
thereof, or change the occupancy, unless and until an occupancy permit
has been issued by the R.M. of Roland.
3.4.5 No person shall knowingly submit false or misleading information to the
R.M. of Roland 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.
3.5.2 The R.M. of Roland 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 R.M. of Roland:
(a)
the submission of a complete set of plans and specifications;
(b)
the seal of an Engineer licensed in the Province of Manitoba in
respect
to
all
building
components
requiring
professional
certification;
(c)
submission of copies of any or all permits taken out for the mobile
home or RTM in the location of its construction together with a copy
of any or all inspection reports;
(d)
such inspections or certifications as the R.M. of Roland may deem
necessary in order to ensure compliance with the Code and this by-
law.
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SECTION 4 Permits
4.1
Application:
4.1.1 Except as otherwise allowed by the R.M. of Roland, every application for a
permit shall be in the form prescribed by the R.M. of Roland 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 on Schedule A hereto; and,
(d)
include those plans and specifications set out on Schedule B
hereto (unless otherwise waived by the R.M. of Roland), and show
the occupancy of all parts of the building,
(e)
state the names, addresses and telephone numbers of the owners,
architect, professional engineer or other designer, constructor and
any inspection or testing agency engaged to monitor the work or
part of the work.
(f)
include such additional information as maybe required by the R.M.
of Roland.
4.1.2 When an application for a permit has not been completed in conformance
with the requirements of the R.M. of Roland within six months after the
date of filing, the application shall (unless otherwise extended by the R.M.
of Roland) be deemed to have been abandoned, and can only be
reinstated by re-filing.
4.1.3 A permit shall expire and the right of an owner under the permit shall end
if
(a)
the work authorized by the permit is not commenced within six
months from the date of issue of the permit and actively carried out
after that, or
(b)
the work authorized under the permit is suspended for six months
unless otherwise extended by the R.M. of Roland.
4.1.4 Any revision to the original application described in article 4.1.1 shall be
made in the same manner as for the original permit.
4.1.5 Applications for permits may be filed, and permits may be issued to an
owner, or to a constructor or other properly authorized agent of the owner.
4.2
Permits:
4.2.1 Building Permits:
4.2.1.1 Except as permitted in Article 4.2.1.2 herein, unless a building permit has
first been obtained from the R.M. of Roland, no person shall commence or
cause to be commenced:
(a)
the location, placement, erection or construction of any building or
structure or portion thereof;
(b)
the addition, extension, improvement, alteration or conversion of
any building or structure, or portion thereof;
(c)
the repair, rehabilitation, or renovation of any building or structure,
or portion thereof;
(d)
underpinning;
(e)
the relocation or removal of any building or structure, or portion
thereof;
(f)
the excavation of any land for any purpose of erecting or location
on or above it, any building or structure;
- 6 -
(g)
the installation, construction, repair, renewal, alteration or extension
of a mechanical system;
(h)
the installation, construction, alteration or extension of a spray paint
operation, spray painting booth, dip tank or other special process;
or
(i)
the alteration, addition, erection or re-erection of a sign.
4.2.1.2
A building permit is not required for:
(a)
patching, painting or decorating;
(b)
replacement of stucco, siding or shingles;
(c)
replacement of doors or windows;
(d)
replacement of open landing and stairs;
(e)
installation of cabinets and shelves;
(f)
non-structural alterations or repairs where the value of such work is
less than five thousand dollars ($5,000.00)
4.2.1.3 Notwithstanding that a building permit is not required for the work
described in Article 4.2.1.2., such work shall comply with the Code and
the provisions of this or other applicable by-laws and the work shall not
place the building or structure in contravention or further contravention of
the Code or this or any other by-law.
4.2.1.4 Before the issuance of a building permit for cases described in
Subsection 5.1.17(1), the owner shall (unless the R.M. of Roland waives
such requirement) submit Letters of Assurance in the forms set out in
Schedules C and D, as attached hereto, which:
(a)
confirm that the owner has retained the necessary architects or
professional engineers for all the applicable disciplines, for
professional design and inspection; and
(b)
incorporate the architects' or professional engineers assurance of
professional design and commitment for inspection.
4.2.1.5 Before the issuance of a building permit, for cases in which professional
design is not required, the owner shall (unless the R.M. of Roland waives
such requirement) submit a Letter of Assurance, in the form set out in
Schedule E as attached hereto, confirming that the owner will ensure that
the building will be constructed in accordance with the Code.
4.2.2. Plumbing Permits:
4.2.2.1 Except as provided in sentence 4.2.2.2., no person shall construct,
extend, alter, renew or repair or make a connection to a plumbing system
unless a permit to do so has been obtained.
4.2.2.2 A plumbing permit is not required when a valve, faucet, fixture or service
water heater is repaired or replaced, a stoppage cleared or a leak
repaired, if no change to the piping is required.
4.2.2.3 When required by the R.M. of Roland, the application shall also be
accompanied by a plan that shows:
(a)
the location and size of every building drain, and of every trap and
clean out fitting that is on a building drain;
(b)
the size and location of every soil or waste pipe, trap and vent pipe;
and
(c)
a layout of the potable water distribution system including pipe
sizes and valves.
- 7 -
4.2.3. Occupancy Permits:
Except as otherwise permitted herein, no person shall occupy or use or
permit the occupancy or use or change the occupancy or use of any
building or part thereof, for which an occupancy permit is required
hereunder.
4.2.3.1 An Occupancy Permit is required from the R.M. of Roland for:
(a)
the occupancy of any new building or structure or portion thereof
except a single- family dwelling, a two-family dwelling or a multi-
family dwelling without shared exit facilities;
(b)
the occupancy of any existing building or structure where an
alteration is made thereto, except a single-family dwelling, a two-
family dwelling or a multi-family dwelling without shared exit
facilities;
(c)
for a change from one Major Occupancy group to another or a
change from one division to another within a Major Occupancy
group in any existing building or structure, or part thereof;
(d)
for a change from one use to another within the same division in a
Major Occupancy group which results in an increase in the
occupant load;
(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
R.M. of Roland waives such requirement) submit Letters of Assurance in
the form set out in the applicable Schedules F and G, as attached hereto,
confirming that the construction of the building, work or project conforms
with the plans, specifications and related documents for which the building
permit was issued.
4.2.3.3 The R.M. of Roland may issue an Interim Occupancy Permit for a partial
use of a building or structure subject to any conditions imposed by the
R.M. of Roland.
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 R.M. of Roland 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 R.M. of Roland for two further
six months periods.
4.2.3.7 Notwithstanding apparent compliance with this by-law, the R.M. of
Roland may refuse to issue an Occupancy Permit if the building, structure
or proposed use is to the R.M. of Roland's knowledge in violation of a
Zoning by-law, or any other by-law of the R.M. of Roland.
4.2.3.8 An applicant for a Occupancy Permit shall supply all information
requested by the R.M. of Roland to show compliance with the by-law and
any other relevant by-laws of the R.M. of Roland.
4.2.3.9 The required Occupancy Permit shall be displayed and maintained in a
legible condition by the owner or his agent in a location acceptable to the
R.M. of Roland.
- 8 -
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 R.M. of Roland.
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 permit shall be assigned or transferred without the written consent of
the R.M. of Roland.
SECTION 5
Duties, Responsibilities & Powers
5.1.
Duties and Responsibilities of the Owner:
5.1.1 Every owner shall allow the R.M. of Roland to enter any building or
premises at any reasonable time for the purpose of administering and
enforcing the requirements of this by-law.
5.1.2 Every owner shall obtain all permits or approvals required in connection
with proposed work, prior to commencing the work to which they relate.
5.1.3 Every owner shall:
(a)
ensure that the plans and specifications on which the issue of any
permit was based are available continuously at site of the work for
audit or inspection during working hours by the R.M. of Roland, and
that the Permit, or true copy thereof, is posted conspicuously on
the site during the entire execution of the work.
5.1.4 Every owner shall give notice to the R.M. of Roland of dates on which he
intends to begin work prior to commencing work on the building site.
5.1.5 Every owner shall before commencing the work, give notice in writing to
the R.M. of Roland, prior to commencing the work, listing
(a)
the name, address and telephone number of
(i)
the constructor or other person in charge of the work;
(ii)
the designer of the work;
(iii)
the person reviewing the work; and
(iv)
any inspection or testing agency engaged to monitor the
work or part of the work.
(b)
any change in or termination or employment of such persons
during the course of the construction immediately that such change
or termination occurs.
5.1.6 Every owner shall give sufficient notice to the R.M. of Roland
(a)
of intent to begin work that the R.M. of Roland has directed may be
subject to audit during construction,
(b)
of intent to cover work that the R.M. of Roland has directed may be
subject to audit during construction; and
(c)
when work has been completed and before occupancy.
5.1.7 Every owner shall give notice in writing to the R.M. of Roland
(a)
immediately upon any change in ownership or change in the
address of the owner occurs prior to the issuance of an Occupancy
Permit;
- 9 -
(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 R.M. of Roland.
5.1.8 Every owner shall give such other notice to the R.M. of Roland as may be
required by the provisions of the Code or this by-law.
5.1.9 Every owner shall make, or have made at his own expense, the tests or
inspections necessary to prove compliance with these requirements and
shall promptly provide a copy of all such test or inspection reports to the
R.M. of Roland when and as required by the R.M. of Roland.
5.1.10 Every owner shall provide an up-to-date survey of the building site when
and as required by the R.M. of Roland.
5.1.11 When required by the R.M. of Roland, every owner shall uncover and re-
cover at his own expense any work that has been covered contrary to an
order issued by the above authority.
5.1.12 Every owner is responsible for the cost of repair of any damage to public
property or works located thereon that may occur as a result of
undertaking work for which a building permit was or was not required.
5.1.13 Except in one and two family dwellings and their accessory buildings,
every owner shall, where required, obtain an occupancy permit from the
R.M. of Roland 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.
5.1.14 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 R.M. of Roland shall not in any way relieve
the owner of a building from full responsibility for carrying out the work or
having it carried out in accordance with these requirements, including
ensuring that the occupancy of the building, or any part of it, is in
accordance with the terms of the permit.
5.1.16 When a building or part of it is in an unsafe condition, the owner shall
immediately take all necessary action to put the building in a safe
condition.
5.1.17 (1) Every owner who undertakes to construct or have constructed a
building which
(a)
has structural components falling within the scope of Part 4 of the
Code,
(b)
has structural components specifically requiring a professional
engineer design in accordance with the Code, or
(c)
requires the use of firewalls according to the Code,
shall ensure that an architect, professional engineer or both are retained
to undertake professional design and inspection.
(2) Professional design and inspection referred to in sentence (1) requires
that an architect, professional engineer or both be responsible
(a)
for the design and that all appropriate plans, specifications and
related documents meet the requirements of the Code. and the
requirements of applicable acts, regulations and by-laws, and bear
the seal or stamp of the registered professional, and
(b)
for inspection of construction to ensure compliance with the design
and the requirements of applicable acts, regulations and by-laws.
- 10 -
(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 R.M. of Roland.
5.1.18 Where the dimensions of a structural component are not provided in Part
9 of the Code for use in a building within the scope of that part, and such
dimensions are to be determined on the basis of calculation, testing or
other means of evaluation, the owner shall retain the services of an
architect or professional engineer.
5.1.19 Every owner who undertakes to construct, alter, reconstruct, demolish,
remove or relocate a building shall provide supervision and coordination
of all work and trades.
5.1.20 Every owner shall ensure that all materials, systems, equipment, and the
like used in the construction, alteration, reconstruction or renovation of a
building meet the requirements of applicable acts, regulations and by-laws
for the work undertaken.
5.2
Duties And Responsibilities Of The Constructor:
5.2.1 Every Constructor shall ensure that all construction safety requirements of
the Code are complied with.
5.2.2 Every Constructor is responsible for ensuring that no excavation or other
work is undertaken on public property, and that no building is erected or
materials stored in whole or in part thereon without approval first having
been obtained in writing from the Council.
5.2.3 Every Constructor is responsible jointly and severally with the owner for
work actually taken.
5.3
Duties & Responsibilities of Authority Having Jurisdiction:
5.3.1 The R.M. of Roland shall administer this by-law and shall have the
powers of enforcement more particularly set out in Article 5.5 herein.
5.3.2 The R.M. of Roland 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 R.M. of Roland seeks to enforce any of the powers set out in
Article 5.5.2 herein, the R.M. of Roland shall issue in writing such notices
or orders as may be necessary to inform the owner of the contravention of
the Code or this by-law.
5.3.4 The R.M. of Roland shall provide, when requested to do so, all reasons
for refusal to grant a permit.
5.4
Duties and Responsibilities of the Designer:
5.4.1 When a designer is retained, the designer shall ensure that the design of
the building conforms to the Code.
5.4.2 When a professional engineer or architect is required by the Code or the
requirements of this by-law, they shall do inspections to ensure that the
construction conforms to the design and the Code.
5.4.3 Every designer is required to submit to the R.M. of Roland:
(a)
all information needed for review of the design;
- 11 -
(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 R.M. of
Roland.
5.4.4 Every designer shall ensure that all materials, systems, equipment or
related matter specified for the construction, alteration, reconstruction or
renovation of a building meet the requirements of the Code and the
requirements of applicable Acts, regulations and by-laws for the work to
be undertaken.
5.4.5 If the responsible architect and or professional engineer withdraws from
the project, he shall immediately advise the R.M. of Roland.
5.4.6 Prior to the issuance of an occupancy permit, the responsible architect
and/or professional engineer shall, where required by the R.M. of Roland
submit a certificate stating:
"The construction has been reviewed under my supervision
in accordance with recognized professional inspection
standards, and that to the best of my/our knowledge the
structure was constructed in accordance with the accepted
drawings and specifications and requirements of the
applicable by-laws".
5.4.7 The responsible architect and/or professional engineer shall sign, date
and seal all of the documents referred to in this article.
5.5
Powers of Authority Having Jurisdiction:
5.5.1 The R.M. of Roland 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 R.M. of Roland 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 R.M. of Roland may direct that tests of materials, equipment, devices,
construction methods, structural assemblies or foundation conditions be
made, or sufficient evidence or proof be submitted at the expense of the
owner, where such evidence or proof is necessary to determine whether
the material, equipment, device, construction or foundation condition
meets these requirements.
5.5.4 The R.M. of Roland, 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
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(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 R.M. of Roland 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
R.M. of Roland the site conditions, the size or complexity of a building,
part of a building or building component warrant, or for any other reason,
the R.M. of Roland, may require that the owner have the following done at
his/her expense:
(a)
the appropriate plans, specifications and related documents be
reviewed by and bear the seal or stamp of an architect or
professional engineer, and
(b)
the work be inspected during construction by the architect or
professional engineer responsible for the work.
5.5.7 The R.M. of Roland 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 R.M. of Roland.
5.5.8 The R.M. of Roland 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 R.M. of Roland 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 R.M. of Roland 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 R.M. of Roland may issue an occupancy permit, subject to
compliance with provisions to safeguard persons in or about the premises,
to allow the occupancy of a building or part of it for the accepted use,
before commencement or completion of the construction or demolition
work.
5.5.12 When any building, construction or excavation or part of it is in an unsafe
condition, as a result of being open or unguarded, or because of danger
from fire or risk of accident because of its ruinous or dilapidated state,
faulty construction, abandonment or other, and when due notice to correct
such condition has not been complied with, the R.M. of Roland 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
R.M. of Roland, immediate measures need to be taken to avoid an
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imminent danger, the R.M. of Roland may take such action as is
appropriate, without notice and at the expense of the owner.
5.5.1 The R.M. of Roland may withhold issuing an occupancy permit on
completion of the building or part of the building, until the owner has
provided letters to certify compliance with the Code, these requirements
and the requirements of applicable Acts, regulations or by-laws.
5.5.15 The R.M. of Roland 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 R.M. of Roland as to
the issuance of permits, the prevention of construction or occupancy of
buildings, the demolition or removal of buildings, or structures, or any
other matter herein may, within fifteen (15) days from the date of the
decision, appeal to the Council. All decisions or orders remain in effect
during the appeal process.
6.2
Council may hear the appeal as a committee of the whole or by
subcommittee especially established for this purpose.
6.3
Upon the hearing of an appeal, the Council may:
(a)
uphold, rescind, suspend or modify any decision or order given by
the R.M. of Roland;
(b)
extend the time within which compliance with the decision or order
shall be made; or
(c)
make such other decision or order as in the circumstances of each
case it deems just;
and the decision or order of the 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
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 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
7.2
Where a corporation commits an offense against the Code or this by-law,
each Director or Officer of the corporation who authorized, consented to ,
connived at, or knowingly permitted or acquiesced in, the doing of the act
that constitutes the offense, is likewise guilty of the offenses and liable, on
summary conviction, to the penalty for which provision is made in
Subsection 7.1 aforesaid.
7.3
Where the contravention, refusal, neglect, omission, or failure, continues
for more than one day, the person is guilty of a separate offenses for each
day it continues.
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SECTION 8
Repeal
8.1
By-law No. 12/79 and Amending By-Law No. 10/94 thereto, be and the
same are hereby repealed.
8.2
The repeal of the by-laws in the last preceding section mentioned shall not
revive any by-law or any provision of any by-law repealed by them, nor
shall the said repeal prevent the effect of any saving clause in the said by-
laws or the application of any of the said by-laws or any other by-law or
provision of law formerly in force to any transaction matter or thing
anterior to the said repeal to which they would otherwise apply.
8.3
And the repeal of the said by-laws should not affect:
(a)
any penalty, forfeiture or liability incurred before the time of such
repeal, or any proceedings for enforcing the same, had, done,
completed or pending at the time of such repeal
(b)
any action, suit, judgment, decree, certificate, execution, process,
order, rule or any proceeding, matter or thing whatever, respecting
the same had, done, made, entered, granted, completed, pending,
existing or in force at the time of such repeal;
(c)
any act. deed, right, title, interest, grant, assurance, registry, rule,
regulation, contract, lien, charge, matter or thing had, done, made,
acquired, established or existing at the time of such repeal;
(d)
any office, appointment, commission, salary, allowance, security,
duty or any matter or thing appertaining thereto at the time of such
repeal
(e)
any bond, note, debenture, debt, or other obligation made,
executed, or entered into by the Corporation at the time of such
repeal;
(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.
DONE AND PASSED by the Council of the Rural Municipality of Roland, in council duly
assembled, in the Village of Roland, in the Province of Manitoba, this 13th day of May,
A.D., 2008.
"W.M. Whitehead"
" Dianne Toews"
W.M. (Bill) Whitehead
Dianne Toews
Reeve
Chief Administrative Officer
Read a first time this 8th day of April, 2008.
Read a second time this 13th day of May, 2008.
Read a third time this 13th day of May, 2008.
SCHEDULE "A"
This is Schedule "A" to By-Law No. 8-2008
respecting
"Classes of Permits and Permit Fees"
RESIDENTIAL
Permit Fee:
$3.00 per $1,000.00 of value (Minimum $25.00)
Includes:
One and two storey buildings
Attached Garages
Basement Developments
Sheltered Decks
Non-Sheltered Decks
Accessory Buildings
Mobile Homes
Relocations
FLAT FEE RATES
Outdoor in-ground pool (flat fee)
50.00
Aboveground pool (flat fee)
25.00
Residential Sign (flat fee)
25.00
Demolition / Removal (flat fee)
25.00
Solid fuel burning appliances (flat fee)
25.00
PLUMBING PERMIT
Inspections (Maximum 3)
$125.00
$175.00
Additional Inspections
$50.00 each
Multi family residential
$100.00 x number of Units
All Renovations
$100.00
COMMERCIAL
Permit Fee:
$6.00 per $1,000.00 of value (Minimum $60.00)
Commercial Sign (flat fee)
$50.00
Demolition / Removal (flat fee)
$50.00
Plumbing Permit
$50.00
AGRICULTURAL
Grain Storage Bins (unlimited bushels & bins) $25.00 per application
Any other Farm Building
$50.00 per application
MOVING PERMIT
Inspection Fee:
$200.00
Applies to all used homes/mobile homes
SCHEDULE "B"
This is Schedule "B" to By-Law No. 8-2008
respecting
List of Plans or Working Drawings
to accompany applications for permits
1)
The Site Plan
2)
Floor Plans
3)
Foundation Plans
4)
Framing Plans
5)
Roof Plans
6)
Reflected Ceiling Plans
7)
Sections and Details
8)
Building Elevations
9)
Electrical Drawings
10)
Heating, Ventilation and Air Conditioning Drawings
11)
Plumbing Drawings
- 2 -
Schedule C
Pursuant to Subsection 4.2.1.4 of the Building Bylaw
Note: To be submitted prior to issuance of a Building Permit
The information provided is relied upon by the authority having jurisdiction.
ASSURANCE OF RETENTION OF PROFESSIONAL
RE:
Design and Inspection of Construction by a
professional engineer or architect, known as
the "Prime Consultant"
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 thereof.
The owner and the prime consultant will notify the Authority Having Jurisdiction in
writing prior to any intended termination of or by the prime consultant. It is understood
that work on the above project will cease as of the effective date of such termination,
until such 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.
- 3 -
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 appointed
agent's signature
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 prime consultant is to be registered in the Province of Manitoba as a
member in good standing in the Association of Architects or the Association of
Professional Engineers.
- 4 -
Schedule D
Pursuant to Subsection 4.2.1.4 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
Separate form to be submitted by each registered professional.
The information provided is relied upon by the Authority Having Jurisdiction
ASSURANCE OF PROFESSIONAL DESIGN AND
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 acts, regulations and by-laws. Further, the undersigned will be responsible
for inspections of the above referenced components during construction.
The undersigned also assures competence in the necessary fields of expertise to
undertake the project on the basis of training, ability and expertise in the appropriate
professional 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
- 5 -
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
or the Association of Professional Engineers.
- 6 -
Schedule E
Pursuant to Subsection 4.2.1.5 of the Building By-law
Note: To be submitted prior to issuance of a Building Permit
The information provided 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 undersigned agrees to undertake and/or coordinate the design review of this
project in order to ensure that the design will comply and construction of the project will
conform in all respects with all applicable acts, regulations and by-laws.
The owner hereby certifies that all required Municipal and Provincial Permits and other
required authorizations will be obtained prior to the commencement of construction.
Designer's Information
Owner's Information
Name (Print)
Owner's Name (Print)
Signature
Owner's or Owner's appointed
agent's signature
Address (Print)
Date
Occupation (Print)
Title of Agent (If applicable) (Print)
Certification or License
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.
- 7 -
Schedule F
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
The information provided is relied upon the authority having jurisdiction.
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 the
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)
Date
Signed
Address
Phone
- 8 -
Schedule G
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 provided 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
ASSURANCE OF RETENTION OF PROFESSIONAL
SCHEDULE B
ASSURANCE OF PROFESSIONAL DESIGN AND COMMITMENT
FOR INSPECTION
Based on such inspections the following aspects of the project conform in all respects
with the plans and supporting documents, including all amendments thereto, prepared
by this registered professional for which a permit was issued by the municipality for the
project.
COORDINATION OF DESIGN AND Inspection
(to be initialed by the prime consultant)
ARCHITECTURAL
STRUCTURAL
MECHANICAL
PLUMBING
FIRE SUPPRESSION SYSTEMS
ELECTRICAL
GEOTECHNICAL - temporary
GEOTECHNICAL - permanent
(to be initialed by the applicable registered professional)
- 9 -
I hereby enclose the final design plans and supporting documents prepared by this
registered professional for the above referenced Project. I further certify that there are
no outstanding Municipal or Provincial approvals, permits or other requirements
pertaining to the use or occupancy of this project.
Name (print)
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.