Rural Municipality of St. Andrews, Manitoba
· No. 4417
· adopted 2025-05-13
· summary & facts
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2025
Building By-law 4417
RURAL MUNICIPALITY OF ST. ANDREWS
Rural Municipality of St. Andrews - Building By-law 4417
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Table of Contents
SECTION 1 TITLE ............................................................................................................................................ 4
SECTION 2 SCOPE .......................................................................................................................................... 4
SECTION 3 DEFINITIONS ................................................................................................................................ 5
SECTION 4 PROHIBITIONS ............................................................................................................................. 9
SECTION 5 DUTIES AND RESPONSIBILITIES OF THE OWNER ....................................................................... 10
PERMITS, APPROVALS AND RESPONSIBILITIES ....................................................................................... 10
SITE AND INSPECTION REQUIREMENTS .................................................................................................. 10
OCCUPANCY AND SAFETY ....................................................................................................................... 12
LIABILITIES AND COSTS ........................................................................................................................... 12
SECTION 6 DUTIES AND RESPONSIBILITIES OF THE DESIGN PROFESSIONAL .............................................. 13
SECTION 7 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR ............................................................. 14
SECTION 8 DUTIES AND RESPONSIBILITIES OF THE AUTHORITY HAVING JURISDICTION ........................... 15
SECTION 9 POWERS OF THE AUTHORITY HAVING JURISDICTION .............................................................. 16
INSPECTION AND ENTRY ......................................................................................................................... 16
ORDERS FOR COMPLIANCE ..................................................................................................................... 16
PERMIT ISSUANCE, REFUSAL AND REVOCATION .................................................................................... 17
COMPLIANCE AUDITS AND ENFORCEMENT ........................................................................................... 19
PROFESSIONAL CERTIFICATION AND LIABILITIES .................................................................................... 19
SECTION 10 APPEAL .................................................................................................................................... 20
SECTION 11 TESTS ....................................................................................................................................... 21
SECTION 12 RESPONSIBILITY FOR DESIGN AND INSPECTION ..................................................................... 21
SECTION 13 SAFETY HAZARDS .................................................................................................................... 23
SECTION 14 ALTERATIONS AND ADDITIONS ............................................................................................... 24
SECTION 15 VALUATION ............................................................................................................................. 25
SECTION 16 PERMITS .................................................................................................................................. 26
GENERAL ................................................................................................................................................. 26
APPLICATION ........................................................................................................................................... 27
DRAWINGS AND SPECIFICATIONS ........................................................................................................... 29
MOBILE HOMES, RTM HOMES, MODULAR HOMES. AND PRE-MANUFACTURED HOMES: ................... 29
CONDITIONS UNDER WHICH PERMITS ARE ISSUED ............................................................................... 30
SECTION 17 BUILDING PERMITS ................................................................................................................. 31
Rural Municipality of St. Andrews - Building By-law 4417
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GENERAL ................................................................................................................................................. 31
SECTION 18 PLUMBING PERMITS ............................................................................................................... 33
GENERAL ................................................................................................................................................. 33
SECTION 19 SIGN PERMITS ......................................................................................................................... 34
GENERAL ................................................................................................................................................. 34
CONSTRUCTION ...................................................................................................................................... 36
SECTION 21 TEMPORARY BUILDINGS ......................................................................................................... 37
GENERAL ................................................................................................................................................. 37
SECTION 21 OCCUPANCY ............................................................................................................................ 38
GENERAL ................................................................................................................................................. 38
INTERIM .................................................................................................................................................. 39
SECTION 22 REMOVAL, RELOCATION OR DEMOLITION OF A BUILDING .................................................... 40
GENERAL ................................................................................................................................................. 40
SECTION 23 SWIMMING POOLS AND HOT TUBS ........................................................................................ 42
GENERAL ................................................................................................................................................. 42
SECTION 24 REVISIONS TO PERMITS ........................................................................................................... 43
GENERAL ................................................................................................................................................. 43
SECTION 25 SPECIAL CONSTRUCTION STANDARDS .................................................................................... 43
GEOTECHNICAL REPORTS........................................................................................................................ 43
SECTION 26 FEES ......................................................................................................................................... 45
GENERAL ................................................................................................................................................. 45
ADDITIONAL CHARGES AND OFFENCES .................................................................................................. 45
SECTION 27 EFFECTIVE ................................................................................................................................ 46
SCHEDULE A: SIGNAGE CONSTRUCTION REGULATIONS ............................................................................ 47
FREESTANDING SIGNS ............................................................................................................................. 47
AWNING AND SUN VISOR SIGNS ............................................................................................................ 47
FASCIA SIGNS .......................................................................................................................................... 47
MARQUEE AND CANOPY SIGNS .............................................................................................................. 48
PROJECTING SIGNS.................................................................................................................................. 49
ROOF SIGNS............................................................................................................................................. 49
COMBINATION SIGNS ............................................................................................................................. 50
Rural Municipality of St. Andrews - Building By-law 4417
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WHEREAS, Section 4 of The Buildings Act provides that a Building By-Law may be
enacted by the Council of a municipality;
AND WHEREAS, it is deemed desirable and expedient to repeal By-Law No. 3950, being
the Rural Municipality of St. Andrews Building By-Law, and all amendments thereto and
substitute therewith a new Building By-Law;
NOW THEREFORE, the Council of the R.M. of St. Andrews in meeting duly assembled,
enacts as follows:
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SECTION 1 TITLE
1.1
This by-law may be cited as "The Rural Municipality of St. Andrews Building By-
law."
SECTION 2 SCOPE
2.1
This by-law applies to new and existing construction including the design,
construction, erection, placement, alteration, repair, renovation, demolitions,
relocation, removal, occupancy, change in occupancy of any building, erection or
structure or addition to a building, erection or structure.
2.2
The building construction codes or building construction standards adopted in
whole or in part by regulation pursuant to section 3 of The Buildings Act are
hereby adopted by the RM of St. Andrews pursuant to section 4 of The Buildings
Act and the said Codes and standards are incorporated into and form part of this
By-law.
2.3
This by-law establishes administrative requirements and procedures for the
enforcement of the Code.
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SECTION 3 DEFINITIONS
3.1
Unless otherwise expressly provided or unless the context otherwise requires,
words and expressions in the By-law have the same meaning as the same word and
expressions in The Manitoba Building Code, The Buildings Act, The Planning Act
and The Municipal Act.
3.2
For definition of words used in this By-law that are not included in this section,
reference should be made to a standard dictionary.
3.3
The words and terms defined in this section appear in italics throughout the text
of this By-law.
3.4
The words and terms used in this by-law have the following meanings.
Approved means approved by the authority having jurisdiction.
Authority Having Jurisdiction means the Municipal Council and/or the designated official,
designated officer, or any person authorized to administer this By-law.
Awning, means any roof-like structure other than a marquee attached to a building in an
immovable position and projecting more than twelve (12) inches from the face of the
building shall also include sun visors, louvers and other roof-like structures used to
provide shade.
Bank or shoreline refers to the natural or artificial boundary of a watercourse or other
body of water, an edge where land meets water, including any alteration, development or
modifications of that area.
Board mean the Red River Planning District Board.
Building drain means the nominally horizontal piping, including any offset that:
(a) Is located
i.
Completely below the lowest storey, or
ii.
Completely in the lowest storey,
(b) Is at least 4 inches in size,
(c) Is connected at its upstream end to a soil or waste stack and stack vent at
least 3 inches in size, and
(d) Conducts sewage, clear-water waste or storm water to a building sewer.
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Building Occupancy Permit means permission or authorization issued in writing pursuant
to this By-law to occupy any building or part thereof.
Canopy means any roof-like structure projecting more than twelve (12) inches from the
face of a building having a rigid frame, and attached to said building in such a manner as
not to become an integral part thereof.
Code means The Manitoba Building Code, Plumbing Code and Fire Code.
Council means the council for the Rural Municipality of St. Andrews.
Design professional means a professional engineer or architect who is qualified to sign
and seal plans, drawings and other documents submitted as part of an application for a
permit.
Designated Officer means an appointee of the Board, who issues permits, administers
and enforces the Code and Municipal Building By-Law.
Designated Official means an employee of the Municipality, who may administer and
enforce the Municipal Building By-Law.
District means the area governed by the Red River Planning District.
Drainage system means an assembly of pipes, fittings, fixtures, traps and appurtenances
that is used to convey sewage, clear-water waste or storm water to a public sewer or a
private sewage disposal system, but does not include subsoil drainage pipes.
Fixture means a receptacle, appliance, apparatus or other device that discharges sewage
or clear-water waste and includes a floor drain.
Grade (as applying to the determination of building height) means the average level of
finished ground adjoining a building at all exterior walls, as determined by the authority
having jurisdiction (see storey, first.)
Lot means a piece, plot or parcel of land or an assemblages of contiguous parcels of land
in one ownership, having frontage and/or flank age on a public street.
Marquee means any roof-like structure constructed and erected as a permanent part of
the building over an entrance thereto, and projecting more than 12 inches from the
exterior wall of the building.
Offset means the piping that connects the ends of 2 pipes that are parallel.
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Owner means any person, firm or corporation registered under title.
Permit means permission or authorization in writing by the authority having jurisdiction
to perform work regulated by this By-law and, in the case of a Building Occupancy Permit,
to occupy any building or part thereof.
Plumbing contractor means a person, corporation or firm that undertakes to construct,
extend, alter, renew or repair any part of a plumbing system.
Potable means safe for human consumption.
Relocation means the moving of an existing building from one location to another
location, on the same property.
Removal means the moving of an existing building from one property to another
property.
Renovation means the reconstruction of all or part of the interior or exterior, or both, of
an existing building where there is no structural reconstruction, alteration or
enlargement of the building.
Repair means work done to an existing building for the purpose of maintenance and not
amounting to a renovation.
Sewage means liquid waste that contains animal, human, mineral or vegetable matter.
Sign means any writing (including letter or word), pictorial representation (including
illustration or decoration), emblem (including device, symbol or trade mark), flag
including banner or pennant) or any other figure of similar character, which:
(a) Is a structure or any part thereof, or is attached to, painted on, or in any
other manner represented on a building,
(b) Is used to announce, direct attention to, or advertise, and is visible from
outside a building.
Sign, electric means a sign that uses electric lights, such as LEDs, incandescent bulbs, or
illuminated tubing, either integrated into the lettering, outlining the border, or
backlighting a transparent display.
Sign, free-standing means any sign supported by one or more posts, poles or braces
anchored to the ground and not attached to any building.
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Sign, illuminated means any sign lit by external or internal lighting, such as LEDs, lamps,
or other light sources.
Sign, projecting means a sign attached to a building that extends more than 12 inches
beyond the building's surface or wall line.
Sign, roof means any sign erected on or above the roof of a building on the exterior of
the building.
Sign, fascia means any sign attached flush against a wall, column, or recessed surface of
a building. It can also span between two or more buildings, connecting their walls.
Size means the physical dimensions, magnitude, or extent of an object, often measured in
units such as length, width, height, diameter, or volume.
Soil-or-waste pipe means a pipe in a sanitary drainage system.
Structure means anything constructed or erected with a fixed location on the ground, or
attached to something having a fixed location on the ground and includes buildings,
mobile homes, walls, fences, signs, billboards, poster panels, light standards, swimming
pools, etc.
Trap means a fitting or device that is designed to hold a liquid seal that will prevent the
passage of gas but will not materially affect the flow of a liquid.
Vent pipe means a pipe that is part of a venting system.
Venting system means an assembly of pipes and fittings that connects a drainage system
with outside air for circulation or air and the protection of trap seals in the drainage
system.
Water distribution system means an assembly of pipes, fittings, valves and
appurtenances that conveys water from the water service pipe or private water supply
system to water supply outlets, fixtures, appliances and devices.
Water service pipe means a pipe that conveys water from a public water main or private
water source to the inside of the building.
Waterbody refers to lakes, rivers, streams, or any other natural body of water.
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SECTION 4 PROHIBITIONS
4.1
No person shall fail to comply with any order or notice issued by the authority
having jurisdiction, or who allows a violation of the Code to continue, contravenes
the provisions of this By-Law.
4.2
No person shall 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.
4.3
No person shall deviate from the approved plans and specifications forming a part
of the building permit, or omit or fail to complete, prior to occupancy, work
required by the said plans and specifications, without first having obtained in
writing the approval of the authority having jurisdiction to do so, except for minor
changes which conform to the applicable Codes and this By-law.
4.4
No person shall occupy or allow the occupancy of any building, or part thereof, or
change the occupancy, unless a Building Occupancy Permit has been issued from
the authority having jurisdiction.
4.5
No person having authority in the construction, reconstruction, demolition,
alteration, removal, relocation or occupancy of a building shall cause, allow or
maintain any safety hazards.
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
approval having first been obtained in writing from the authority having
jurisdiction.
4.7
No person shall interfere in any way with the authority having jurisdiction or
anyone acting under the approved authority or by the authorities' instructions, in
the performance of any of the duties imposed by this By-law.
4.8
No person shall submit false or misleading information to the authority having
jurisdiction concerning any matter in relation to this By-law.
4.9
No person shall allow the property boundaries or accepted grade of a building lot
to be so changed as to place a building or part thereof in contravention of the
Code.
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SECTION 5 DUTIES AND RESPONSIBILITIES OF THE OWNER
PERMITS, APPROVALS AND RESPONSIBILITIES
5.1
Every owner or designated agent shall obtain all permits or approvals required in
connection with the proposed work, prior to commencing the work to which they
relate.
5.2
Where the Code, or the designated officer of this By-law, requires that plans,
drawings and related documents submitted as part of an application for a permit
must be signed and sealed by an architect or a professional engineer or both, it is
the responsibility of the owner to
(a) ensure that the plans, drawings and related documents, including
certificates required to be submitted as part of an application required, are
signed and sealed by one or more architects or professional engineers who
are
i.
Entitled to practice as architects or professional engineers, as the
case may be, in the Province of Manitoba,
ii.
Skilled in the application of the Codes to the aspect of the design
and construction of the building represented in the plans, drawings
and related documents signed and sealed by the architect or
professional engineer.
5.3
If an owner has failed to obtain a required permit, acceptance or approval prior to
commencing work in compliance with this By-law, the owner at the time the work
was commenced or carried out - and every subsequent owner - is nonetheless
required to obtain all permits, acceptances and approvals and to pay all applicable
fees despite the fact that the work has already commenced or has been
completed. For greater clarity, if work for which a permit, acceptance or approval
is required has been commenced or carried out without the required permit,
acceptance or approval, the current owner is responsible for obtaining the
required permit, acceptance or approval and must pay any fees or penalties
associated with the permit, acceptance or approval, including fees for its issuance
after the work has been commenced or carried out.
5.4
When required by the authority having jurisdiction, every owner shall provide a
letter to certify compliance with the requirements of the code and of any permits
required.
SITE AND INSPECTION REQUIREMENTS
5.5
Every owner shall allow the authority having jurisdiction to enter any building or
premises at any reasonable time for the purpose of administering and enforcing
the Code and this By-law.
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5.6
Every owner shall:
(a) Ensure that the drawings and specifications on which the issue of the
building permit was based are available continuously at the site of the work
for inspection during working hours by the authority having jurisdiction,
(b) Keep visible at all time during construction the street or lot number of the
premises in figures at least three (3) inches high and visible from the street
or sidewalk.
5.7
Every owner shall give notice in writing to the authority having jurisdiction, prior
to commencing the work, listing;
(a) The name, address and telephone number of
i.
The contractor or other person in charge of the work,
ii.
The engineer and/or architect reviewing the work, and
iii.
Any inspection or testing agency engaged to monitor the work,
(b) Any change in or termination of employment of such persons during the
course of the construction immediately when such change or termination
occurs.
5.8
The owner of property with respect to which a permit has been issued must ensure
that:
(a) Work that is required to be inspected, notice be given a minimum of 24
hours before any required inspection;
(b) Work that is required to be inspected is not covered until the required
inspection has taken place; and
(c) Where an inspection has revealed a defect that must be remedied prior to
continued work, that the defect is not covered until the required re-
inspection has taken place.
5.9
Every owner or designated agent shall give notice to the authority having
jurisdiction:
(a) Of intent to do work that has been ordered to be inspected during
construction,
(b) Of intent to cover work that has been ordered to be inspected prior to
covering, and
(c) When work has been completed so that a final inspection can be made.
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OCCUPANCY AND SAFETY
5.10
Every owner shall obtain a Building Occupancy Permit from the authority having
jurisdiction prior to any;
(a) Occupancy of a building or part thereof after construction, partial
demolition or alteration on that building, or
(b) Change in the major occupancy of any building or part thereof.
5.11
Every owner shall ensure that no safety hazard exists or will exist because of the
work being undertaken or not completed, should occupancy occur prior to the
completion of any work being undertaken that requires a permit.
5.12
When a building or part thereof constitutes a safety hazard, the owner shall
immediately take all necessary action to put the building in a safe condition. All
buildings or structures, existing and new, and all parts thereof shall be maintained
in a safe condition. All devices or safeguards which are required by the Code in a
building or structure when erected, altered, or repaired, shall be maintained in
good working order. The owner or designated agent shall be responsible for the
maintenance of such building or structures.
5.13
Where, in the opinion of the authority having jurisdiction, a condition exists on a
property, building, or structure, including its bank, that constitutes a safety
hazard, the owner shall, upon notice, take all necessary measures to eliminate or
remedy the hazard to the satisfaction of the authority having jurisdiction, in
accordance with the Buildings Act.
5.14
Where a stop work order has been issued by the authority having jurisdiction, in
accordance with this By-law herein, the owner, or their designated agent, shall
stop work immediately, except for the installation or erection of covers or guards
so as to be able to maintain the site in a safe condition.
5.15
Where work is suspended or terminated, the owner or designated agent, shall
leave the site in a safe manner and shall maintain the site in a safe condition.
LIABILITIES AND COSTS
5.16
Every owner shall give notice in writing to the authority having jurisdiction:
(a) Immediately that any change in ownership or change in the address of the
owner occurs prior to the issuance of a Building Occupancy Permit, and
(b) Prior to occupying any portion of the building if it is to be occupied in
stages.
5.17
Every owner shall provide an up-to-date survey, prepared by a professional Land
Surveyor, registered in the province of Manitoba, of the building site as required
by the authority having jurisdiction.
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5.18
When required by the authority having jurisdiction, every owner shall uncover and
replace at their own expense any work that has been concealed in violation of an
order issued by the authority having jurisdiction or any provision of this By-law.
5.19
Every owner must comply with all conditions of the permit and shall not deviate
from these requirements without first obtaining written permission from the
authority having jurisdiction.
5.20
The granting of a permit, the approval of the drawings and specifications or
inspections made 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
the work carried out and for maintaining the building in accordance with the
requirements of the Code and this by-law, including ensuring that the occupancy
of the building, or any part thereof, is in accordance with the terms of the Building
Occupancy Permit.
5.21
When completed construction is in non-compliance with this By-law or another By-
law, or one of the applicable Codes, the owner must, at their expense, bring the
building into compliance within a period of time as ordered by the authority
having jurisdiction.
5.22
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 permit was required by this By-law.
SECTION 6 DUTIES AND RESPONSIBILITIES OF THE DESIGN
PROFESSIONAL
6.1
This section applies whenever the Code or the designated officer, acting pursuant
to Section 9.10 of this By-law, requires that plans, drawings and related
documents submitted with an application to construct a building must be signed
and sealed by a design professional.
6.2
An architect or a professional engineer must not sign and seal any plans, drawings
or other documents that are to be submitted as part of an application for a permit,
and must not sign and seal a certificate required by the designated officer under
Section 9.15 of this By-law concerning the compliance of construction with Codes
and By-laws, unless the individual
(a) Is a member in good standing of the Manitoba Association of Architects or
the Association of Professional Engineers and Geoscientists of Manitoba, as
the case may be; and
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(b) Is skilled in the application of the applicable Code or Codes to those aspects
of the construction that are represented in the plans, drawing or other
documents or that are referred to in the certificate being submitted.
6.3
The design professional who signs and seals plans and drawings that the owner
submits as part of an application for a permit must sign and seal a certificate
which contains the following statement with respect to the application:
"I hereby certify that I have complied with all applicable legislation and
professional codes in affixing my seal to the plans, drawings and related
documents which are being submitted as part of an application for a permit
under the XXXXX Building By-law.
By affixing my seal, I am representing that:
I am fully aware of the provisions of the Manitoba Building Code, the
Manitoba Energy Code, the Manitoba Plumbing Code and the Manitoba Fire
Code that are applicable to these plans and drawings;
I have applied a professional standard of care to ensure compliance of
these plans and drawings with the applicable provisions of these Codes."
6.4
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, approved permit and the Code.
6.5
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.
SECTION 7 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
7.1
Every contractor shall ensure that all construction safety requirements of the Code
are complied with.
7.2
Every contractor or designated agent, including building and plumbing contractors,
shall ensure that all work is carried out in accordance with this By-law, the Code
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and all provisions as described on the permit and approved drawings and
specifications.
7.3
Every contractor 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 authority having jurisdiction.
7.4
Where a stop work order has been issued by the authority having jurisdiction, in
accordance with this By-law herein, the contractor, or their designated agent,
shall stop work immediately, except for the installation or erection of covers or
guards so as to be able to maintain the site in a safe condition.
7.5
When required by the authority having jurisdiction, the contractor or their
designated agent shall provide a statutory declaration that their work was
completed in accordance with the approved permit, accepted plans, specifications
and requirements of the Code and this By-law.
SECTION 8 DUTIES AND RESPONSIBILITIES OF THE AUTHORITY HAVING
JURISDICTION
8.1
The authority having jurisdiction is responsible for the administration and
enforcement of the Code and this By-law.
8.2
The authority having jurisdiction shall keep copies of all applications, 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
other regulations require.
8.3
The authority having jurisdiction shall accept any construction or condition that
lawfully existed prior to the effective date of the Code provided that such
construction or condition does not constitute a safety hazard.
8.4
The authority having jurisdiction shall issue in writing such notices or orders as
may be necessary to inform the owner or designated agent where a contravention
of the Code or this By-law has been observed.
8.5
The authority having jurisdiction may issue to the owner an order or notice in
writing to correct any safety hazard observed in any building.
8.6
The authority having jurisdiction shall provide when requested to do so all reasons
for refusal to grant a permit.
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8.7
The authority having jurisdiction shall answer such relevant questions as may be
reasonable with respect to the provisions of the Code or this By-law when
requested to do so, but except for standard design aids shall not assist in the
laying out of any work and from acting in the capacity of an engineering or
architectural consultant.
SECTION 9 POWERS OF THE AUTHORITY HAVING JURISDICTION
INSPECTION AND ENTRY
9.1
The authority having jurisdiction, subject to Section 175 of The Planning Act, may
enter any building or premises for the purpose of administering or enforcing the
Code or this By-law.
9.2
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 the requirements
of the Code or complies with the approved permit.
9.3
The authority having jurisdiction may require any owner to submit an up-to-date
building location certificate or staking certificate prepared by a professional land
surveyor registered in the province of Manitoba;
(a) To establish before construction begins that all requirements of the Code in
relation to this information will be complied with, and
(b) To verify upon completion of the work that all such requirements have
been complied with.
ORDERS FOR COMPLIANCE
9.4
The authority having jurisdiction is empowered to order;
(a) A person who contravenes the Code to comply with the Code within the
time period specified;
(b) A person to stop work on a building or any part thereof if such work is
proceeding in contravention of the Code or this By-law, or any condition
under which the permit was issued, or if there is deemed to be a safety
hazard. Upon issuance of order to stop work, work shall be immediately
stopped. The stop work order shall be given to the owner of the property
involved, or to the owner's designated agent, or to the person in charge
personally, and shall state the conditions under which work may be
resumed;
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(c) the complete or partial demolition or removal at the expense of the owner
thereof, a building which, in the opinion of the authority having
jurisdiction, has been constructed in contravention of the Code or any By-
law;
(d) The removal of any unauthorized encroachment on public property;
(e) The removal of any building or part thereof constructed in contravention of
the Code;
(f) The cessation of any occupancy in contravention of the Code or any
condition of the permit, and;
(g) The cessation of any occupancy if any safety hazard exists because of work
being undertaken or not completed;
(h) Correction of any safety hazard;
(i) That work not be covered until it has been inspected;
(j) That certain work be inspected during construction; and
(k) Any action or remedy as necessary to ensure compliance with this By-law,
including but not limited to issuing any additional orders required to
address a contravention.
9.5
The authority having jurisdiction may issue a written notice requiring the owner or
their representative to bring the building into compliance with the Code within a
specified timeframe. Failure to provide such notice does not exempt the owner or
representative from prosecution for Code violations.
PERMIT ISSUANCE, REFUSAL AND REVOCATION
9.6
The authority having jurisdiction may issue a permit for the entire project
conditional upon the submission, prior to commencing work thereon, of additional
information not available at the time of issuance, if such data are of secondary
importance, and are of such nature that the withholding of the permit until its
availability would unreasonably delay the work.
9.7
When a permit is issued under Section 9.6, being conditional upon the submission
of additional information or documentation, the owner or designated agent shall
provide the required documentation within the timeframe as specified by the
authority having jurisdiction. Failure to submit the required information within the
specified period may result in the authority having jurisdiction issuing a Stop Work
Order, thereby suspending all construction activities until compliance is achieved.
9.8
The authority having jurisdiction may refuse to issue any permit;
(a) Whenever information submitted is inadequate to determine compliance
with the provisions of the Code, or
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(b) Whenever incorrect information is submitted, or
(c) That would authorize any building work or occupancy that would not be
permitted by the Code, or
(d) That would be prohibited by any other standard, By-law, act or regulation,
or
(e) To any person who has failed within a specified period of time to remedy a
defect in construction, non-compliance with any condition of a building
permit previously issued to them, or any violation of the Code after having
been notified that such defect exists, or
(f) Where the results of the tests referred to in Section 11 are not satisfactory,
or
(g) To any person who has failed to pay any fees due and owing to the
authority having jurisdiction in accordance with the applicable provisions of
the authority having jurisdiction's Fee By-law , or
(h) Where infractions exist on the property in relation to non-compliance of
this by-law, the authority having jurisdiction may require the owner to
address such items prior to the issuance of any permit.
9.9
The authority having jurisdiction may revoke a permit and re-application may be
required if;
(a) There is a 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.
9.10
Where, in the opinion of the designated officer, the complexity or risks associated
with the design of construction or the construction of a building requires special
technical knowledge, the designated officer may require that the owner:
(a) Submit plans, drawings and other documents signed and sealed by an
architect or professional engineer, or both, as part of an application for a
permit; and
(b) Ensure that the construction of the building is reviewed by an architect or
professional engineer, or both, and submit as part of an application for an
interim or final Building Occupancy Permit required under Section 21, a
certificate signed and sealed by the architect or engineer, or both, who
inspected the construction concerning the compliance of the construction
with the Codes or specific aspects of the Codes.
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COMPLIANCE AUDITS AND ENFORCEMENT
9.11
As part of the authority granted by this section, the designated officer is
authorized to establish the circumstances in which the program authorized in
Section 9.16 will apply, and to determine the form of the audit function
established as part of the program.
9.12
Where a designated officer determines, through an audit or otherwise, that plans
or specifications submitted under Section 9.15 or actual construction based upon
permits issued under those provisions, fail to comply with this By-law or the
Codes, the designated officer may order the designer or the owner, or both, to
rectify the point of non-compliance within a timeframe as determined by the
authority having jurisdiction.
9.13
Upon the completion of the construction of a building or structure, the designated
officer may require an owner to submit an up-to-date set of drawings depicting
the building or structure as constructed.
PROFESSIONAL CERTIFICATION AND LIABILITIES
9.14
The powers of the Board and the authority having jurisdiction contained in this by-
law shall not restrict the Board or the authority having jurisdiction`s authority
pursuant to the provisions of The Planning Act and any amendments thereto and
any legislation pursuant to which the Board and the authority having jurisdiction
are given authority.
9.15
For the purposes of complying with the authority having jurisdictions obligation to
inspect and approve plans relating to construction prior to a permit being issued,
and for the purposes of complying with the authority having jurisdictions
obligation to enforce the building construction codes or building construction
standards adopted pursuant to The Buildings Act, the designated officer may rely
on a certificate of or representation by a professional engineer or an architect, or
both, as to the compliance of plans and drawings or other documents, or of
construction, with the Codes and with applicable By-laws.
9.16
In relying on a certificate or representation of a professional engineer or architect
pursuant to Section 9.15, the designated officer may establish circumstances in
which no examination or review whatsoever of certain aspects or parts, or of the
entirety, of the plans or drawings or other documents signed and sealed by a
design professional, or of construction reviewed by a design professional, will be
conducted by the authority having jurisdiction before a permit or an interim or
final Building Occupancy Permit is issued.
9.17
As part of the authority granted by Section 9.15, the designated officer is
authorized to determine:
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(a) Subject to Section 6.3, the form and content of the certificate or
representation to be provided, including a signed and sealed statement
using specific text approved by the designated officer;
(b) The criteria, if any, for determining when the authority having jurisdiction
will not rely solely or at all on the required certificates or representations
submitted by specific individual design professionals; and
(c) The form of an audit program or other programs, if any, to encourage
compliance of submitted plans and specifications with the applicable Codes
and By-laws.
9.18
Subject to Section 9.17, the designated officer may institute a program in which
permits authorizing the construction or occupancy of buildings to which Section
5.2 does not apply are issued by the designated officer with minimal examination
or review by the authority having jurisdiction, drawings or specifications for
compliance with this By-law and with minimal or no inspection of construction.
SECTION 10 APPEAL
10.1
Any person who deems themselves aggrieved by a decision of the authority having
jurisdiction of any regulation under this By-law, may, within fifteen (15) days from
the date of the decision, appeal therefrom to the Board. All matters which are
covered under The Permit Dispute Resolution Act shall be appealed in accordance
with The Act.
10.2
The Board may rescind, suspend, or modify the decision, extend the time for
compliance, or make a new decision.
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SECTION 11 TESTS
11.1
Every owner shall make or have made at their own expense tests or inspections as
necessary to prove compliance with the Code, and shall promptly file a copy of all
such test or inspection reports with the authority having jurisdiction.
11.2
To the extent that is possible all tests required by the authority having jurisdiction
shall be carried out by the owner in accordance with recognized standard test
methods. In the absence of such standard test methods the authority having
jurisdiction may specify the test procedure to be followed.
11.3
Where tests of any materials are made to ensure conformity with the
requirements of the Code, records of the test data shall be kept available by the
owner or their designated agent for inspection during the construction of the
building and for such period thereafter as required by the authority having
jurisdiction.
SECTION 12 RESPONSIBILITY FOR DESIGN AND INSPECTION
12.1
Except in the case of a building 3 storeys or less in height, having building area not
exceeding 6458.35 square feet (600m2) and which is to be used for residential,
business and personal service, mercantile and medium and low hazard industrial
occupancies, the owner shall appoint an architect(s) and/or engineer(s) entitled to
practice in the Province of Manitoba, skilled in the appropriate section of the work
concerned, which consultant(s) shall be responsible for the preparation of
drawings and specifications and for the inspection of construction to ensure
conformity with the drawings, specifications and the applicable sections of the
Code.
12.2
Where in the opinion of the authority having jurisdiction, any building requires the
services of an architect(s) and/or professional engineer(s), the architect(s) and/or
professional engineer(s) shall perform all the services described in this section.
12.3
Where the construction of a building will not be reviewed by the designer, the
owner is responsible for designating a suitably qualified person, responsible to the
designer, to review the construction for conformance with the design. The name
and address of this person shall be submitted with the application to build, and
the authority having jurisdiction shall be notified of any subsequent changes to
this designation.
12.4
Where the character of the proposed work requires technical knowledge for the
preparation of drawings and specifications, as provided in sentence 12.1, the
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drawings and specifications shall be prepared, signed and bear the seal of, and the
construction inspected and certified by, an architect(s) and/or engineer(s) skilled
in the appropriate section of the work concerned and entitled to practice in the
Province of Manitoba.
12.5
Prior to the issuance of a building permit, the responsible architect(s) and/or
professional engineer(s) shall submit a letter to the authority having jurisdiction
stating the extent of their responsibility for the inspection of construction to
ensure conformity with the approved drawings and specifications and the
applicable Sections of the By-law.
12.6
Prior to the issuance of a Building Occupancy Permit, the responsible architect(s)
and/or professional engineer(s) shall, where required by the authority having
jurisdiction, submit a letter stating;
"That to the best of my/our knowledge the building was constructed in
accordance with the approved drawings and specifications and requirements of
the applicable By-laws."
12.7
The responsible architect(s) and/or professional engineer(s) shall seal and sign all
the documents referred to in Sections 12.5 and 12.6 above.
12.8
If the responsible architect(s) and/or professional engineer(s) withdraws from the
project, the owner shall immediately provide notice to the authority having
jurisdiction.
12.9
Structural members of a building shall be designed in accordance with Part 4 of
the Code by a professional engineer licensed to practice in the Province of
Manitoba and competent in the specific field of structural design. Where
permitted by Part 9 of the Code, structural elements may be designed in
accordance with the prescriptive requirements of that Part of the Code.
12.10 In lieu of separate specifications, the authority having jurisdiction may allow the
essential information to be shown on the drawings but in no case shall such terms
as "in accordance with the Code", "legal", or similar terms be used as substitutes
for specific information.
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SECTION 13 SAFETY HAZARDS
13.1
Any building or structure that constitutes a safety hazard in that it is liable to fall
or to cause an explosion or to cause damage or injury to any person or property or
in that it constitutes a fire hazard or that in the case of a well, excavation, or
opening is not properly covered or guarded or that in the opinion of the authority
having jurisdiction is so dilapidated, out of repair, or otherwise in such condition
that it is a trap for persons or animals, shall not be allowed to remain in such
condition but shall be demolished, removed, guarded or put in a safe condition to
the satisfaction of the authority having jurisdiction.
13.2
If, in the opinion of the authority having jurisdiction a building or structure
constitutes a safety hazard or a well, excavation or opening is not properly
covered or guarded, as set out in Section 13.1 above, the authority having
jurisdiction may serve a written notice to the owner, occupier, designated agent or
person in charge of the building or structure, or of a well, excavation or opening,
by registered mail or personal notice to the last known address describing the
building or structure, or the well, excavation or opening requiring them to have it
demolished, guarded, covered, or put in safe condition forthwith to the
satisfaction of the authority having jurisdiction.
13.3
Without effecting any other remedy that authority having jurisdiction may have on
default of compliance with a notice given under sentences 13.2 and 13.5 the
authority having jurisdiction may in the case of a building or structure cause the
same to be demolished, removed or put in a safe condition, and in the case of a
well, excavation or opening to have the same covered, guarded, or put in a safe
condition as may be deemed expedient and necessary and that the cost of the
work may be recovered by the municipality by summary process of law and can
also place a lien upon the building or structure and the materials thereof and upon
the lot or parcel of land occupied by the said building or structure or by the said
well, excavation or opening and that the cost when certified by the authority
having jurisdiction may be added to the taxes on the land or on the building or
structure and may be collected in the same manner as other municipal taxes are
collected.
13.4
Where upon non-compliance with any notice given under sentences 13.2 and 13.5,
the authority having jurisdiction causes the building or structure to be demolished,
the municipality may sell the material, fixtures and other salvage therefrom and
apply the price received therefrom towards paying the cost of the demolition and
the balance, if any, shall be applied toward paying any taxes owing in respect to
the property, after encumbrances and lien holders, if any, in the order of their
priority and the surplus, if any, shall be paid to the owner of the property.
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13.5
When the authority having jurisdiction is unable, as set forth in sentence 13.2 to
locate the owner, occupier, designated agent or person in charge of the building
or structure, or of a well, excavation or opening, or in cases where service as
aforesaid is impractical, the safety hazard notice shall be posted by affixing two
copies thereof in a conspicuous place on the premises; and such procedure shall
be deemed the equivalent of personal notice following the expiration of 24 hours
from the posting of such notice.
SECTION 14 ALTERATIONS AND ADDITIONS
14.1
Where repairs or alterations to an existing building or structure are made
necessary on account of damage by fire or other causes, and where such repairs
and alterations excluding electrical or mechanical equipment exceed fifty percent
(50%) of the replacement or market value of the building or structure prior to such
damage, such repairs or alterations shall be considered a re-erection thereof and
are prohibited unless the entire building or structure is made to conform with the
requirements of this By-law for new construction.
14.2
Where repairs or alterations to an existing building or structure are made
necessary on account of a safety hazard, and where such repairs or alterations
excluding electrical or mechanical equipment exceed fifty percent (50%) of the
replacement or market value of the building or structure at the time of application
for a permit, such repairs or alterations shall be considered a re-erection thereof
and prohibited unless the entire building or structure is made to conform with the
requirements of this By-law for new construction.
14.3
Notwithstanding the provisions of Sentences 14.1 or 14.2 above, the authority
having jurisdiction may permit variations from the regulations of this By-law for
those portions of the existing building or structure not being altered, or added to,
where:
(a) The applicant shall provide evidence satisfactory to the authority having
jurisdiction that said portions are structurally safe; and
(b) A special inspection has been made to determine the minimum variation to
be permitted.
14.4
The number of storeys of an existing building or structure shall not be increased
unless the entire building or structure conforms to the requirements of this By-
law.
14.5
Additions may be made to an existing building or structure where the maximum
area for the combined area of the existing building or the structure and addition
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as set forth in Part 3 of the Code is not exceeded. Where the combined area of the
existing building or the structure and permitted addition exceeds the maximum
area allowed in Part 3, a fire wall of the required resistance rating shall separate
the addition from the existing building or structure unless otherwise approved
under Section 14.3.
SECTION 15 VALUATION
15.1
The authority having jurisdiction may place a value on the cost of the work for the
purpose of determining permit fees to be applicable.
15.2
The valuation to be shown on a building permit shall mean the total monetary
worth of all construction of work including all painting, papering, roofing,
electrical work, plumbing, permanent or fixed heating equipment, elevator
equipment, fire sprinkler equipment, and any permanent 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 of
the building permit because of any other permits required by any governing by-
law, regulation or agency.
15.3
The valuation for a building permit in the case of a removal or relocation, shall
include the cost to move the building, excavation at the new site, cleaning and
leaving the former site in the condition specified in the Code and alterations or
repairs to the building.
15.4
In the case of the erection, alteration or enlargement of any sign, the valuation
shall reflect the cost of any contract for the execution of the work with all
contractors which shall include all labour costs, materials and devices necessary to
complete the work.
15.5
The determination of value or valuation shall be made by the authority having
jurisdiction and shall be the reproduction cost without depreciation and without
regard to any loss as a result from fire, used material or other causes.
15.6
Any owner, or applicant shall provide, in writing, the cost of the work upon
request by the authority having jurisdiction.
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SECTION 16 PERMITS
GENERAL
16.1
To obtain any permit or certificate authorized herein the owner or designated
agent shall file an application on a prescribed form.
16.2
An application for a permit will be deemed to have been abandoned six (6) months
after the date of filing, unless such application has been proceeded with.
16.3
All applications for permits or certificates shall be accompanied by the required
fee specified in the authority having jurisdictions Fee By-law.
16.4
A permit automatically expires and is thereafter null and void if the owner does
not ensure that construction or other work authorized by the permit:
(a) Subject to Section 16.5, is initiated within twelve (12) months after the
permit is issued;
(b) Subject to Section 16.5, is completed within
i.
Five (5) years after the date the permit is issued; or
ii.
A greater length of time as determined to be reasonable by the
designated officer in the case of extraordinarily large construction
projects; and
(c) Complies with the conditions imposed on the permit, including the
conditions set out in Section 16.13.
16.5
Upon application by the owner, a designated officer may grant an extension to the
date by which construction or other work must be initiated or completed. The
extension may extend the time period for initiation or completion by no more than
the time period set out in Section 16.4 (a) and (b) for the initiation or completion
of the construction or other work authorized by the permit. As a condition of
granting an extension, the designated officer may impose additional or revised
conditions on the permit as deemed necessary to ensure compliance with this By-
law and the approved permit.
In order to qualify for the extension, the owner must:
(a) Submit the application for consideration of the extension a minimum of
fourteen (14) calendar days prior to the expiry date; and
(b) Submit, and undertake to implement, a work plan which sets reasonable
and measurable targets for stages of construction or other work to be
completed.
16.6
A designated officer may revoke a permit by giving notice to the owner if:
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(a) The construction or other work authorized by the permit is not proceeding
reasonably to completion after being initiated; or
(b) The owner does not meet the targets set out in the work plan referred to in
Section 16.5 (a) for stages of construction or other work to be completed.
16.7
A permit shall be considered void and all rights under the permit shall be
terminated if the negotiable instrument used for payment of the permit fee is
returned for any reason.
16.8
Where a permit has expired or revoked, no construction or other work shall
commence or continue unless a new application for a permit has been submitted
and approved. Reapplication is required for any proposed work to begin,
regardless of whether construction had previously commenced under the expired
or revoked permit.
APPLICATION
16.9
The following information shall be submitted with an application for a building
permit, and the appropriate application form fully and accurately completed in
accordance with the following requirements:
(a) The municipal address of land and buildings presently occupying the site, if
any;
(b) A legal description of the land on which the proposed development is to
occur, by lot, block, subdivision and registered plan numbers;
(c) The applicant's name, address and interest in the land and if the applicant
is not the landowner a letter from the landowner authorizing the applicant
to work on their behalf;
(d) A Report on Title which has been issued not later than thirty days prior to
the receipt of the application by the Designated officer;
(e) Description of the work to be performed with respect to:
i.
Change in current occupancy of land use; or
ii.
Description of proposed development or building operations;
(f) The estimated value, in dollars, of the proposed work;
(g) Construction drawing and specifications:
i.
Gross floor area of the development;
ii.
Floor plans indicating the layout of each floor, with dimensions
and room labeling;
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iii.
Elevations showing the exterior views of the proposed structure(s)
including height of the structure;
iv.
Structural plans detailing the foundation, framing and any other
structural elements;
(h) A site plan, showing the following:
i.
A directional true north arrow with the north point located in such
a manner that the true north is in the upper position of the
drawings;
ii.
Setbacks and yard dimensions;
iii.
The location of all buildings or structures in relation to property
lines; and
iv.
Dimensioned layout of existing and proposed parking areas,
driveways, entrances and exits, abutting public roadways, median
breaks and auxiliary lanes.
(i) Identification of the scale of the development with respect to the number
of dwellings, or establishments for commercial, industrial or other
purposes;
(j) Site specific Geotechnical Reports if the authority having jurisdiction
determines that the site conditions so warrant in accordance with Section
25.
(k) If required by the Designated officer:
i.
A site plan, showing:
1) The location of sidewalks and walkways; where applicable,
parking, loading, storage, outdoor service and display areas;
and
2) The location of fences, screening, retaining walls, trees,
landscaping, and other physical features both existing and
proposed in the site and adjoining boulevard, if any; and
3) Number of parking and loading spaces required and
provided; and
4) Description of the proposed water supply and wastewater
management systems.
(l) Include all documentation required by the authority having jurisdiction
procedures, as amended from time to time.
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(m) Any additional approvals in accordance with Section 24, or as deemed
required from the authority having jurisdiction, or any other federal,
provincial or local governing authority.
DRAWINGS AND SPECIFICATIONS
16.10 Sufficient information shall be submitted by the owner or their designated agent
with each application for a permit to enable the authority having jurisdiction to
determine whether or not the proposed work will conform to the Code and
whether or not it may affect adjacent property.
16.11 When required by the authority having jurisdiction, drawings and specifications
shall be provided by the owner or their designated agent.
16.12 Drawings drawn to scale upon paper shall be clear and durable, and shall indicate
the nature and extent of the work and proposed occupancy in sufficient detail to
establish that when completed the work and the proposed occupancy will conform
to the Code and other relevant municipal by-laws and provincial regulations.
16.13 Site plans shall be referenced to an up-to-date survey and, when required to prove
compliance, a copy of the survey shall be submitted to the authority having
jurisdiction by the owner or designated agent.
16.14 Site plans shall show when required by the authority having jurisdiction:
(a) Dimensions from property lines, the location of the proposed building,
(b) The location and dimensions of every other existing building on the
property,
MOBILE HOMES, RTM HOMES, MODULAR HOMES. AND PRE-MANUFACTURED HOMES:
16.15 Mobile homes, RTM's, Modular Homes, and, Pre-Manufactured Homes shall
comply with the requirements of the Code.
16.16 The authority having jurisdiction shall require any or all of the following in respect
to a mobile home, RTM, Modular Home, or Pre-Manufactured Home, 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 with the
prescribed application;
(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 above described
home types in the location of its construction together with a copy of any
or all inspection reports;
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(d) All inspections or certifications as the authority having jurisdiction may
deem necessary in order to ensure compliance with the Code and this
bylaw.
(e) CSA Label for mobile homes.
(f) A WETT certified wood burning appliance must be affixed with a
certification tag or label.
CONDITIONS UNDER WHICH PERMITS ARE ISSUED
16.17 The owner or designated agent must request an inspection from the inspections
department of the authority having jurisdiction at the specified stages of
construction indicated on the permit, before proceeding with further work.
16.18 If an inspection is requested outside of regular office hours or in addition to a
regular inspection during office hours, a fee will be charged as specified in the
authority having jurisdiction's Fee By-law, in addition to the required permit fees.
16.19 Every building permit is issued upon the condition:
(a) That the construction shall be carried out in accordance with all provisions
of the Code, and all provisions as described on the building permit and
approved drawings;
(b) That all municipal by-laws and provincial regulations be complied with, and;
(c) That the authority having jurisdiction shall get copies of all changes
ordered which may alter any condition or requirement of the Code, and a
set of the revised drawings showing these changes.
16.20 All work being carried out under a building permit issued prior to the effective
date of the Code shall be completed in accordance with the previous Code
requirements and any special conditions described on the building permit and
approved drawings. If work does not proceed at a satisfactory rate, in the opinion
of the authority having jurisdiction the building permit may be cancelled, in which
case a new building permit shall be obtained before work is continued and all
subsequent work shall comply with the provisions of the Code.
16.21 Where a plumbing permit has been issued, no departure shall be made from the
specification, description, plan or sectional drawing unless written permission is
obtained from the authority having jurisdiction.
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SECTION 17 BUILDING PERMITS
GENERAL
17.1
A permit is required whenever work regulated by this By-law, the Code and the
Zoning By-Law is to be undertaken.
17.2
Subject to Section 17.3 and 17.4, unless the required permit has first been
obtained from the designated officer, 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 locating on or
above it, any building or structure;
(g) The installation, construction, repair, renewal, alteration or extension of a
mechanical system or wood-burning appliance;
(h) The alteration, addition, erection or re-erection of a sign, including any
accessories; and
(i) The installation of interior subsurface drainage equipment, including sump
pits, sump pumps and associated equipment.
17.3
Despite Section 17.2, a building permit is not required for the following
construction work:
(a) Patching, painting or decorating;
(b) Replacement of stucco or siding with the same material as that being
replaced;
(c) Replacement of roofing material with the same material as that being
replaced;
(d) Replacement of floor coverings;
(e) Construction of fences;
(f) Installation of cabinets and shelves;
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(g) Construction or installation of a detached accessory building not greater
than 120 square feet (11.15 m²) in building area; or
(h) Erection of temporary tents less than 901 square feet (83.71 m²) in building
area.
17.4
Despite Section 17.2, a building permit is not required for the following
construction work on single family houses, duplexes and triplexes or on properties
on which those buildings are located:
(a) Replacement of doors when the opening is not altered;
(b) Replacement of windows with windows of the same size;
(c) Non-structural work other than:
i.
Plumbing construction;
ii.
The development of previously undeveloped space within an existing
building; or the creation of a new bedroom.
(d) Construction of unenclosed detached residential decks 1.97 ft (600 mm) or
less in height above finished ground.
17.5
Where a building permit is not required as stated in aforesaid Section 17.3 and
17.4, such work shall comply with the regulations of this By-law or the Code or
other applicable By-laws and the work shall not place the building or structure in
contravention or further contravention of the Code or any other by-law.
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SECTION 18 PLUMBING PERMITS
GENERAL
18.1
Except as provided in Section 18.2, a plumbing system shall not be constructed,
extended, altered, renewed or repaired or a connection made to a sewer unless a
permit to do so has been obtained.
18.2
A plumbing permit is not required when:
(a) A stoppage in the drainage system is cleared;
(b) A leak is repaired in a water distribution system;
(c) A fixture is replaced without any change to the drainage system;
(d) A replacement is made to existing faucets, service water heater, valves or
pipes and fittings in a water distribution system.
18.3
Plumbing permits shall be issued only to:
(a) A red-seal certified plumbing contractor;
(b) A person to do work on a single-family dwelling owned and occupied by
them only as their domestic domicile, provided that they have satisfied the
designated officer that they are competent to perform such work; or
(c) A person to do work in a single-family dwelling owned by them, which will
be occupied by them upon completion, only as their domestic domicile,
provided that they have satisfied the designated officer that they are
competent to perform such work.
18.4
Every application for a plumbing permit shall be accompanied by a specification or
description of the proposed work.
18.5
When required by the designated officer, 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
cleanout 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.
18.6
The designated officer may revoke a plumbing permit issued pursuant to
paragraphs (b) or (c) of Section 18.3 aforesaid, if during the course of inspection it
becomes obvious that the person is not competent to perform such work, and may
require that the work be corrected and completed by a licensed plumbing
contractor under a new plumbing permit.
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SECTION 19 SIGN PERMITS
GENERAL
19.1
No alteration or addition or any erection or re-erection of signs including any of
the accessories shall be made unless the owner of the building or site upon which
such sign is erected or their designated agent, has obtained a permit.
19.2
Except as varied herein, the following signs shall not be subject to the provisions
of this section but this exception shall not relieve the owner or person in control
of such signs from erecting and maintaining the sign in a safe condition and
complying with the applicable Zoning By-law:
(a) Signs of a duly constituted governmental body, including traffic or similar
regulating devices, legal notices, or warnings at railroad crossings;
(b) Signs in display windows including writing, representation, painting or
lettering directly on the surface of any window or door;
(c) Memorial signs or tablets of bronze, brass, stone or other non-combustible
materials when built into or attached to the walls of a building or other
structure provided such tablets bear only the name of the owner, the name
or use of the building, the date of the erection of the building and/or
reading matter commemorating a person or event;
(d) Signs denoting architect, engineer, contractor of the services and products
of the owner, when placed on construction sites. These signs must be
removed on completion of construction;
(e) Signs required to be maintained by by-law or governmental order, rule or
regulations;
(f) Small signs displayed for the direction of the public including signs which
identify restrooms and such other similar directional signs;
(g) Single or double face unlighted sign or signs appertaining only to the
prospective rental or sale of the property on which it is located;
(h) Signs painted directly on the exterior wall of a building;
(i) Sign insert replacement where the original frame is not being altered.
19.3
No permit or license issued pursuant to this By-law, no approval of drawings or
specifications of work done or to be done in connection with a sign or any
inspection of such work shall relieve the permittee, licensee or owner of the sign
from full responsibility for the carrying out of the work and maintaining the sign in
accordance with this or any other By-law of the municipality.
19.4
A clearance of at least 3 ft (0.91 m) shall be maintained between poles and other
fixtures erected and any part of a structure and its accessories.
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19.5
No owner or designated agent shall erect, construct or maintain or permit to be
erected, constructed or maintained, any sign structure in a manner that obstructs
any fire escape, window, door, or opening used as a required means of egress or
that prevents free passage from a roof to any other part thereof. No owner shall
attach, or permit to be attached, any sign structure in any form, shape or manner
to a fire escape, nor place or permit to be placed any sign structure in such
manner as to interfere with any opening for required light or ventilation.
19.6
Every owner or designated agent shall keep all signs in proper repair and
appearance and in the case of electric signs, the lamps and other electrical
components must be maintained in proper working order.
19.7
No owner or designated agent shall maintain a sign unless it is securely supported
by appropriate supports, braces, and guy wires of adequate size and strength, and
properly fastened.
19.8
No owner or designated agent shall maintain or permit any sign to be maintained
including any guys, stay or attachment connected therewith which interferes with
any light, power, telephone, telegraph or transit pole or wire or any fire escape or
any apparatus or related equipment.
19.9
Every owner shall ensure that all existing signs are maintained in a safe condition
as far as fire safety, structural and location requirements No such sign when once
removed shall be replaced either on the same building or elsewhere without the
owner complying in all respects with the provisions of this By-law.
19.10 Every owner or designated agent shall ensure that any existing sign is maintained
in a manner that does not create a safety hazard due to fire hazards, structural
issues, or poor location. If a sign is deemed a safety hazard, the owner may be
required to remove it or make it safe in accordance with this By-law. If the owner
fails to do so, the authority having jurisdiction may take legal action to condemn
the sign.
19.11 Any owner, business, or corporation that violates, refuses to comply with, or
neglects to follow the provisions of this Section will be subject to additional fees
as specified in Section 26.
19.12 Every owner or designated agent shall ensure that no sign structure shall hereafter
be structurally altered, rebuilt, enlarged, extended or relocated except in
conformity with the provisions of this By-law.
19.13 The changing of movable parts of signs that are designed for changes, or the
repainting of display matter shall not be deemed to be alterations within the
meaning of this Section.
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CONSTRUCTION
19.14 Every owner or designated agent shall ensure that all signs shall be designed and
constructed as herein provided and in accordance with Part 4 of the Code.
19.15 Every owner or designated agent shall ensure that all signs and any of their
supporting structures must be fastened with non-corrosive fasteners or otherwise
have the fastening devices protected from corrosion.
19.16 Every owner or designated agent shall ensure that all sign installations,
modifications, and alterations shall be constructed, maintained, and operated in
full compliance with the provisions outlined in Schedule A of this By-law.
19.17 In the event of any conflict between the provisions of this Section and other
sections of the By-law, the regulations set forth in Schedule A shall take
precedence with respect to the design, construction, and installation of signs.
19.18 Every owner or designated agent shall ensure that no sign shall be installed,
altered, or maintained unless it adheres to the specific requirements set forth in
Schedule A, which includes provisions related to freestanding signs, awning and
sun visor signs, fascia signs, marquee and canopy signs, projecting signs, roof
signs, and combination signs.
19.19 Any signage that does not meet the standards established in Schedule A, the
owner or designated agent must receive approval from the designated officer,
which may include structural review and certification by a Registered Professional
Engineer, where applicable.
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SECTION 21 TEMPORARY BUILDINGS
GENERAL
20.1
Despite other provisions in the code a permit for a temporary building may be
issued by the authority having jurisdiction, authorizing for a limited time only, the
erection and existence of a building or part thereof for an occupancy which
because of its nature, will exist for a short time under circumstances which
warrant only selective compliance with the Code. No person shall erect or place a
temporary building without first obtaining the required building permit.
20.2
A temporary building shall not exceed one (1) storey in height.
20.3
A permit for a temporary building shall state the dates under which the permit is
valid.
20.4
A temporary building shall be permitted only for the following major occupancy
classifications in accordance with Table 3.1.2.1. of the Code:
(a) All Divisions, Group A,
(b) Group D, and
(c) Group E.
20.5
A permit for a temporary building may be extended provided permission in writing
is granted by the authority having jurisdiction.
20.6
In order to qualify for the extension, the owner must submit the application for
consideration of the extension a minimum of fourteen (14) calendar days prior to
the expiry date.
20.7
A permit for a temporary building shall be posted on the building by the owner or
designated agent.
20.8
A temporary building shall be permitted for a period not exceeding one year, on
the condition that the owner shall remove the temporary building before the
expiration of specified period of time, or as prescribed within the municipal
Zoning By-law, with the most restrictive provisions being applicable.
20.9
The temporary building shall be properly maintained at all times by the owner.
20.10 The temporary building shall be subject to any other conditions that may be
specified in the permit.
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SECTION 21 OCCUPANCY
GENERAL
21.1
No owner, designated agent or person in charge shall occupy a building or part
thereof or change the occupancy without first obtaining a Building Occupancy
Permit as set forth in Section 21.
21.2
No owner or designated agent shall make or permit to be made, any change in the
type of occupancy or use of any building or structure, which would place the
building or structure in a different Group of occupancy, unless such building or
structure is made to comply with the requirements of the Code for that Group.
21.3
An inspection of a site shall be made prior to the issuance of a Building Occupancy
Permit and a fee may be charged in accordance with the authority having
jurisdictions Fee By-law.
21.4
Every building or structure that requires a Building Occupancy Permit shall comply
with the construction requirements for the Major Occupancy Group to be housed
therein, except that the authority having jurisdiction may approve a Building
Occupancy Permit for an existing building or structure which varies in a minor
respect from the regulations of the Code, where in their opinion, such a variation
will substantially accomplish the objects of the Code.
21.5
Before issuing or consenting to the issuance of a Building Occupancy Permit the
authority having jurisdiction may require the owner to provide letters to certify
that the requirements of the Code, this By-law and the necessary permits have
been met.
21.6
A Building Occupancy Permit is required:
(a) For 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) For 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 to a new use not previously authorized.
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INTERIM
21.7
The authority having jurisdiction may approve clearance for the issuance for an
Interim Building Occupancy Permit, being a permit allowing the partial occupancy
of a building or structure, provided that such occupancy will not jeopardize life or
property.
21.8
Without restricting the generality of Section 21.7, the conditions imposed on an
Interim Building Occupancy Permit may include:
(a) Requiring that the applicant release and indemnify the authority having
jurisdiction from any claims made against it for harm or loss resulting from
the issuance of the Permit; and
(b) Requiring that the owner undertake to obtain a final Building Occupancy
Permit within a specified period of time.
21.9
The required Building Occupancy Permit shall be displayed and maintained in a
legible condition by the owner or their designated agent in a location acceptable
to the authority having jurisdiction.
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SECTION 22 REMOVAL, RELOCATION OR DEMOLITION OF A BUILDING
GENERAL
22.1
This section provides regulations for:
(a) The moving of an existing building or structure from a site within the
district to another site;
(b) The moving of an existing building or structure and the placing of same at
another location on the same site, and;
(c) The demolition of a building or structure.
22.2
Notwithstanding anything elsewhere contained in this By-law, a building or
structure to be moved onto a site in the district from a site outside said area shall
comply with the regulations of this By-law and the Code for new construction.
22.3
The removal or relocation of a building or a structure shall not be permitted unless
all regulations of this By-law for new construction are complied with.
22.4
The relocation of a building or structure shall be prohibited unless:
(a) Documentation is provided by the owner verifying that the building was
lawfully constructed under a valid permit and inspected by the Authority
Having Jurisdiction for compliance with applicable Codes and standards in
effect at the time, including but not limited to structural, insulation,
plumbing, and other relevant requirements; or
(b) Where documentation is not provided:
i.
The owner shall provide a structural engineering report from a
licensed professional engineer certifying the building or structure is
safe and suitable for occupancy; and
ii.
The owner shall hire a licensed journeyman plumber to inspect the
plumbing system, provide a report, and submit an isometric drawing
confirming compliance with applicable plumbing codes.
22.5
The demolition of a building shall be subject to the requirements of Part 8 of the
Code.
22.6
A building or structure shall not be removed or relocated, within the district, if the
building or structure is in the opinion of the authority having jurisdiction:
(a) In such a state of deterioration or disrepair, or is otherwise so structurally
unsafe that it could not be moved without endangering persons or
property, or
(b) Structurally unsafe, or
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(c) Will vary in appearance from the usual types of buildings at its new site to
such extent as to lessen the desirability for building purposes of land in the
immediate vicinity.
22.7
Upon application for a permit to demolish, relocate, or remove a building or
structure, the applicant shall submit a statement that the taxes upon the land and
building or buildings, or structures have been paid in full, and that the land and
building or buildings, or structures have not been sold for taxes, and if so sold,
have not been redeemed. This provision shall not apply to buildings or structures
demolished under Section 13 of this By-law.
22.8
The owner, or their designated agent, of a site from which a building or structure
is to be removed or demolished shall:
(a) Notify the gas, electric, telephone and water service companies or utilities
to shut off and/or remove their service, and no work shall be carried out
until these services have been shut off and/or removed;
(b) Upon completion of the removal or demolition, put the site in a safe and
sanitary condition to the satisfaction of the authority having jurisdiction.
22.9
Every demolition permit is issued upon the condition that:
(a) The demolition be commenced within thirty (30) days of issuance of the
permit, and;
(b) The demolition be actively carried out thereafter, and further, in the case
of a one or two-family dwelling, be completed within thirty (30) days of
commencement of work, and;
(c) The demolition be carried out in accordance with all provisions of this By-
law, and all provisions as described on the permit, and;
(d) All By-laws of the municipality be complied with, and;
(e) No modifications to the approved method of demolition be made without
the prior approval of the authority having jurisdiction.
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SECTION 23 SWIMMING POOLS AND HOT TUBS
GENERAL
23.1
For the purposes of this section, any pool containing water more than 24 in (610
mm) in depth shall be deemed to be a swimming pool.
23.2
The owner or designated agent shall ensure that the structural design for a private
pool that is an in-ground swimming pool bears the seal of a professional engineer
competent and qualified in the structural designing of in-ground swimming pools.
23.3
The owner or designated agent shall ensure that a private pool that is located
outdoors is enclosed with a fence, or other suitable barrier, constructed in
accordance with the following requirements:
(a) The fence or barrier must have a minimum height of 5 ft (1.52 m);
(b) There must be no openings in the fence or barrier, other than a door to a
building or a gate as described in clause (d);
(c) It must be constructed so as to prevent a person from crawling under the
fence or barrier and any gate in the fence or barrier;
(d) Any gate in the fence or barrier must be
i.
Self-closing;
ii.
At least 5 ft (1.52 m) in height; and
iii.
Equipped with a lockable latch so as to prevent unauthorized entry;
(e) Where the fence or barrier, or any gate, is chain-link style, the outside
surface of the fence or barrier, and any gate, must be at least No. 11 gauge;
and
(f) Where the fence or barrier, or any gate, is not chain-link style, the outside
surface of the fence or barrier, and any gate, must be smooth so as to not
provide hand, foot or toe holds.
23.4
Where the designated officer determines that the fence or barrier, or any gate,
required under this section contains any feature that the designated officer deems
undesirable or unsuitable, the designated officer is authorized to order the owner
or designated agent to correct the situation.
23.5
The owner or designated agent shall ensure that a swimming pool shall not be
placed under or within 10 ft (3.05 m) horizontally of any overhead electrical wiring
except as may be permitted by the Manitoba Electrical Code.
23.6
The owner or designated agent shall ensure that all electrical installations shall
comply with the requirements of the Manitoba Electrical Code.
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23.7
The owner or designated agent shall ensure that all structural and plumbing
details shall be in accordance with the other appropriate requirements of this By-
law.
23.8
Despite Section 23.3 and 23.4, where a private pool is an outdoor hot tub or swim
spa, a fence or barrier and a gate, are not required if the owner or designated
agent ensures that the hot tub or swim spa is equipped with a cover, provided
that:
(a) The cover has the structural strength to support the weight of a person
walking across the top of the cover when it is in the closed position; and
(b) The cover is locked in the closed position so as to prevent access to the
water by unauthorized persons at all times when the hot tub or swim spa is
not in use.
SECTION 24 REVISIONS TO PERMITS
GENERAL
24.1
After issuance of the permit, application may be made by the owner or designated
agent for revision of the permit, and such applications shall be made in the same
manner as for the original permit.
24.2
Any owner, designated agent or person in charge, who commences or continues
work without first having obtained a revised permit shall incur an additional
charge as detailed within the authority having jurisdictions Fee By-law as specified
in Section 26.
SECTION 25 SPECIAL CONSTRUCTION STANDARDS
GEOTECHNICAL REPORTS
25.1
A Geotechnical Report in accordance with Section 5.2 is required for structures
when construction is proposed within 350 ft (106.7 m) of a waterbody. The Report
shall assess the following geotechnical factors relevant to the proposed
development:
(a) Soil bearing capacity,
(b) Excavation conditions,
(c) Topographic constraints,
(d) Bank erosion and stability,
(e) Surface erosion; and
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(f) Any other geotechnical considerations relevant to the proposed
development.
25.2
The Geotechnical Report shall confirm that the proposed development will not:
(a) Impede surface or subsurface water flow;
(b) De-stabilize land, including the waterway bed; or
(c) Adversely alter waterway channels or bank stability.
25.3
The authority having jurisdiction may exempt the requirement for a Geotechnical
Report for the construction of Part 9 accessory structures or additions with a
building area not exceeding 592 square feet (55 m²), in accordance with the Code,
unless:
(a) A safety hazard may exist; or
(b) The structure is located between the existing house and the bank.
25.4
If multiple accessory buildings are proposed, each accessory building of less than
592 square feet (55 m²), when aggregated, may require a Geotechnical Report if
the cumulative effect of the buildings poses a risk to the site or surrounding
environment. The authority having jurisdiction may require a Geotechnical Report
in such cases.
25.5
The authority having jurisdiction may exempt the requirement for a Geotechnical
Report if
(a) There is an existing roadway between the bank and the proposed
development requiring a building permit, or;
(b) If confirmed by a Geotechnical Engineer in writing that acceptable
information on subsurface conditions already exists, the investigation may
not require further physical subsurface exploration or testing.
25.6
If the shoreline is developed or altered, a Geotechnical Report will be required to
assess the impact on the waterbody, soil stability, erosion risks, and other
relevant factors to ensure the safety of the development.
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SECTION 26 FEES
GENERAL
26.1
Permit fees and all procedures and conditions applicable thereto shall be in
accordance with the approved Fee By-law, as set forth by the authority having
jurisdiction.
26.2
Inspection fees and all procedures and conditions applicable thereto shall be
outlined in the approved Fee By-law, as established by the authority having
jurisdiction.
ADDITIONAL CHARGES AND OFFENCES
26.3
Any owner, designated agent or person in charge, who commences work without
first having obtained a required permit, is guilty of an offence and shall be liable
to an additional charge as detailed within the authority having jurisdiction's
approved Fee By-law.
26.4
Any person who contravenes of disobeys, or refuses or neglects to obey:
(a) Provision of the Code or of this By-law or any provision of any other by-law
that, by this By-law, is made applicable to the municipality or made
applicable to proceedings taken or things done under this By-law, or;
(b) Any provision of any By-law, regulations, or order enacted or made by the
municipality for which no other charge is herein provided, is guilty of an
offence and liable, to an additional charge as determined by the authority
having jurisdiction, as per the approved Fee By-law.
26.5
If a contravention, refusal, neglect, omission or failure to comply, continues for
more than one day, the person is guilty of a separate offence for each day the
contravention continues and shall incur an additional charge for each day of
continued non-compliance, in accordance with the approved Fee By-law.
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SECTION 27 EFFECTIVE
27.1
This By-law shall come into effect 1st day of June A.D. 2025
27.2
Any person who carries out work under the terms of this By-law after its adoption
but before its effective date, may do so, but such work shall comply entirely with
this By-Law.
27.3
This By-law shall apply to:
(a) Existing buildings and signage that were in compliance with the provisions
of previous by-laws at the time of adoption of this By-law. Such buildings
and signage shall remain in compliance, but any alterations or
modifications made after the effective date must conform to the
requirements of this By-law; and
(b) New applications for buildings and signage or alterations to existing
buildings and signage submitted after the effective date of this By-law,
which shall be subject to the full provisions and requirements set forth
herein.
27.4
Any existing building or signage that was in compliance with previous regulations
but does not meet the requirements of this By-law shall be required to bring such
signage or building into full compliance upon the next alteration, renovation, or
change in use.
27.5
Permits, orders and decisions made under the repealed by-law remain in effect,
unless revoked or changed under this by-law.
27.6
An application for a building permit that was made under the repealed by-law but
not granted continues under the repealed by-law, unless revoked or changed
under this by-law.
RECEIVED FIRST READING on this 8th day of April A.D. 2025
RECEIVED SECOND READING on this 13th day of May A.D. 2025
RECEIVED THIRD READING on this 13th day of May A.D. 2025
DONE AND PASSED in Council assembled this 13th day of May A.D. 2025
_____________________________________ Mayor/Reeve
_____________________________________ Chief Administrative Officer
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SCHEDULE A: SIGNAGE CONSTRUCTION REGULATIONS
This schedule outlines the regulatory provisions for different types of signs, detailing
construction standards, material requirements, structural design criteria, and
additional requirements for each type of sign listed below:
FREESTANDING SIGNS
1.A
All free-standing signs shall be constructed of non-combustible materials
throughout except that:
(a) Signs not exceeding 15 ft (4.57 m) above the surface of the ground at any
point may be constructed of combustible material;
(b) Signs not exceeding 25 ft (7.62 m) above the ground at any point shall be
constructed with non-combustible columns and braces and supports, and
may have the display area including backing of combustible materials.
2.A
All free-standing signs exceeding 25 ft (7.62 m) in height above the adjacent
finished ground shall be structurally designed by a Registered Professional
Engineer in the Province of Manitoba.
3.A
The foundation of all free-standing signs exceeding 15 ft (4.57 m) in height shall
be of concrete.
4.A
Projections associated with free-standing signs such as guys, stays and other
attachments such as reflectors used to illuminate shall not be permitted less than
8 ft 6 in (2.59 m) above the surface of the ground at any point.
AWNING AND SUN VISOR SIGNS
5.A
No sign shall be attached in any manner to awnings or sun visors, except to an
awning or sun visor constructed entirely of concrete or metal and steel, with the
design certified by an Engineer entitled to practice in the Province of Manitoba.
6.A
Signs permitted in accordance with Section 19.22 above shall comply with the
regulations for marquee or canopy signs (see 19.29).
FASCIA SIGNS
7.A
All fascia signs shall be constructed of non-combustible materials throughout
when such signs:
(a) Exceed 40 square feet (3.72 m2) on walls required to be of non-combustible
construction, or;
(b) Are located more than 25 ft (7.62 m) above grade, or;
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(c) Are located within 1.97 ft (600 mm) of any window, fire escape or exit
above the second storey floor line.
8.A
A fascia sign constructed of wood or other combustible materials shall not be
installed on a wall of wood-frame or non-combustible construction where the
limiting distance prohibits combustible cladding, particularly on side and rear
walls where clearance restrictions are more common.
9.A
No fascia sign shall be permitted to be supported by a parapet wall unless it be
structurally designed by a Registered Professional Engineer in the Province of
Manitoba.
10.A
Projections associated with fascia signs such as guys, stays and other attachments
such as reflectors used to illuminate, shall not be permitted less than 8 ft 6 in
(2.59 m) above the surface of the ground at any point.
11.A
Fascia signs shall be securely attached to the building or structure by means of
metal anchors, bolts or expansion screws. Such signs shall not be fastened by nails
or staples to wooden blocks or nailing strips built into masonry.
MARQUEE AND CANOPY SIGNS
12.A
If any sign other than a projecting sign (as provided in this By-law) is attached to
the roof of a marquee or canopy, placed flat against the face or edge of the
marquee or canopy or erected over or under a marquee or canopy, such sign shall
be constructed in compliance with the following provisions:
13.A
Construction - the sign construction shall be of non-combustible materials
throughout except if structurally designed by a Professional Engineer certified
within the Province of Manitoba;
14.A
Height above grade - the lowest part of any sign attached to the face or edge or
under a marquee or canopy shall be not less than 8 ft 6 in (2.59 m) above grade.
15.A
Projection - no sign attached to a marquee or canopy shall project beyond the
face or edges more than 16 in (406 mm) horizontally.
16.A
The roofs of all marquees and canopies shall be drained in such a manner that the
water flowing therefrom shall be carried back into the building.
17.A
The vertical dimension of a marquee or canopy shall not be more than 5 ft (1.52
m).
18.A
No electrical wiring, illuminated device, electrical equipment or apparatus shall be
attached to or be incorporated in a canopy or awning.
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PROJECTING SIGNS
19.A
Projecting signs shall not be attached or fastened in any manner to parapet walls
unless such signs are designed by a Registered Professional Engineer of the
Province of Manitoba.
20.A
Projecting signs weighing more than 50 lbs (22.68 kg) shall be structurally
designed by a Registered Professional Engineer of the Province of Manitoba.
21.A
The "A" frames or other similar methods of support used in the construction of
projecting signs shall not exceed 6 ft (1.83 m) in overall height above an exterior
wall.
22.A
Projecting signs shall be at least 8 ft (2.44 m) above grade.
ROOF SIGNS
23.A
All roof signs, including uprights, supports and braces and display area shall be of
non-combustible construction, except:
(a) That approved combustible plastics may be used as facing materials and as
letters and decorations;
(b) That the display area and molding may be of combustible materials
provided such sign:
i.
Is less than 25 ft (7.62 m) in height measured from the roof surface,
and;
ii.
Is less than 400 square feet (37.16 m2) on any one side.
24.A
All roof signs exceeding either 250 lbs (113.4 kg) in weight or 100 square feet
(9.29 m2) in area on any one side shall be structurally designed by a Registered
Professional Engineer of the Province of Manitoba.
25.A
The dead and live loads of any roof sign shall be transmitted to concrete
foundations by non-combustible walls, columns, beams and girders, except that
timber beams and columns shall be acceptable provided such timber members
shall be creosoted or painted and all connections shall be by means of bolts and
the sign and its supports are designed by a Registered Professional Engineer of the
Province of Manitoba.
26.A
Clearance and access about roof signs shall be as herein provided:
(a) Passage clear of all obstructions, except for necessary horizontal supports
not more than 1.97 ft (600 mm) from the roof surfaces, shall be left under
or around and immediately adjacent to all roof signs exceeding 3 ft (914
mm) above the roof surface. Such passage shall be not less than 3 ft (914
mm) wide by 6 ft (1.83 m) high and shall be at parapet or roof level;
(b) There shall be one such passage or access opening as follows:
Rural Municipality of St. Andrews - Building By-law 4417
50
i.
For each roof sign upon a building;
ii.
For every 50 lineal feet (15.24 m) of horizontal roof sign extension;
iii.
Within 20 ft (6.1 m) of walls and parapets when roof signs are
located at an angle of 45 degrees or greater to a fact of the building.
(c) There shall be a clearance of at least 4 ft (1.22 m) between any portion of
the roof sign and any opening in the exterior wall face or roof of the
building on which it is erected;
(d) No portion of any roof sign shall be erected within 4 ft (1.22 m) of any
wood frame wall extending above the roof line of the same building unless
such sign is constructed entirely of non-combustible material, and that the
clearances specified in (c) above are maintained.
27.A
In no case shall a roof sign or any part thereof including any supports and braces
project beyond the exterior surface of the exterior wall of the building to which it
is attached.
COMBINATION SIGNS
28.A
Any combination sign, not specifically allowed by this By-law, may be permitted
provided that the construction of the whole sign complies with the most
restrictive provisions of the type of sign so combined.